The Sun.
London, England, 1838-01-24 00:00:00

in speaking in praise of Lord Gosford than he (the Chancellor of the
Excliecee.-) diJ, because they had alwes7s a:‘ted terrises, and in thc
same poll: ic principles. But had the lion. Geetleman dealt fairly by
the despatches of Lord Gosford ? He referred to the letter written by
Lord Gosford on the 2d of September, and asked what could be more
unconstit etional than in one part of it saying that no danger was to be
aeprelientled, end in another suggesting the possibility of such a result
a; the suspension of the Constitution being necessary. Now, if
the Honourable Gentleman had attended with the same pleasure
and instruction to the speech made by an Honourable and
Learned Member on his own side of the House. that he had listened
to his, he would have been able to see the distinction and the ease
by which his cbjection could be answered. The present measure was
less called for, in point of tact, by the revolt titan by the nesessity for
carrying on the Civil Government of Canada, and restoring to the ad-
ministrators of the law their ordinary functions. But what was it that
Lord Gosford stated ? Why, he said that he apprehended no immediate
danger—that he did not believe that resort would be had to physical '
force—and it was quite consistent with this is state, that if physical
force were resorted to, if such an event as an outbreak were to take
place, -then, that there would be a necessity on the part of Government
to resort to new measures, and even to suspend the Constitution. They
should not forget that all the functions of the Civil Government in
Canada had been suspended, that the Canadians had refused to abide by
the ordinary tribunals. that they had elected Justices of the Peace of
their own, and that they had declined obedience to the officersappointed
by the Government to command the militia, and that they had elected
militia racers for themselves. When all these things had happened,
had he net a right to ask wheiher something was not required to be
done, whether it was not necessary to have recourse to some measure for
suspending the authority of a Constitution which was deemed no longer
binding ? If this distinction then, applied to Lord Gosford's reasoning, was
anything more natural than that, while he denied the probability of physi-
cal force being resorted to, he should assent to the propriety of that House
interposing, in case such an event should arise ? He rejoiced that the
Hon. Gentleman had brought those charges against Lord Gosford—he
rejoiced that he had brought those charges against the Government—
because the House must be convinced, that, so far from their having
acted in a precipitate manner, they had not only exercised, but he might
say exhausted, all the forbearance that could be expected from them.—
(Hear.) He could state that from neither of theprovinces of Canada had
any complaint been made on account of the want of a sufficient military
forme, and that, in fact, the Government had in this respect anticipate,' I
their wishes. If the Duke of Wellington at home, and Sir John Col-
borne a`,road, imputed no blame to the Government on this head, he
thought they might well withstand the taunts which the Hon. Gentle-
. • .

lean had 'evelled at them, and doubt the authorities on whose informa-
tion he acted.—(Hear, hear.) If the authorities most competent
to form a correct judgment on the subject had not been with
them—if they had sent out a military force prematurely—not to
suppress disorders, but for political purposes--if, he said, they
had done this, and an outbreak had ensued, then he would have felt
the responsibility which the Government had incurred, and, instead of
meeting them as he did, would have shrunk from the taunts of the lion.
Gentleman.—(Hear, hear.) He would not go into the details or -merits
of the question, because, with two exceptions, an parties were agreed
that the coarse which the Government had taken was necessary, and
that with respect to the leading principle of the Bill—the suspension of
the COnstitution of Canada—there was no difeereece of opinion on
either side of the House. Under such circumstances, it would ill be-
come hint to occupy the attention of the House longer, but he
hoped they would excuse him if he took that opportunity of set-
ting himself right with respect to one portion of the argument
used by Mr Roebuck at the bar of that House. He did not do
so, he coold assure them, because it was a matter relating to him_
self, but because he wished the House to be able to judge from a
single illustration what the value was that they were to fix in the way
of fairness on the justice of the reasoning contained in that Learned •
Gentleman's statements. Mr. Roebuck stated, in reference to the
period when he (the Chancellor of the Exchequer) was Colonial Secre-
tary, that he had practised a delusion on the Canadian deputies which
misled them. On the former occasion he was able to discuss the ques-
tion face to face with Mr. Roebuck, but, without intending to say any-
thing acrimonious, he was anxious to set the House right as to the real
facts. He accepted office in April, 1834, the Canadian Committee was •
then sitting, and the two deputies, Mr. Morin and Mr. Viger, were in
London. At that time a Bill was pending for the suspension of Lord
Ripon's Act, and of course on receiving the seals, he, in virtue of his
office, became a member of the Committee. He had great reluctance
to receive tee deputation, but he did so at the pressing solicitation of
several members of the Committee. He received them alone, without
any other party being present, and stated to them his unwillingness to
carry on the Bill until he had obtained a more accurate knowledge of
Canadian affairs than he then possessed, or than he could have
obtained within the space of one short week. He told them that
he wished to be able to form a proper judgment of Canadian af-
fairs before he proceeded with any measure, and then said to
them, " Will you say that in the meantime the House of Assem-
bly will pass the supplies necessary for the payment of the ar-
rears due to the officers of civil Government ?" They told him
they had no doubt that the supplies would be passed, and he stated then
that he disapproved of the course taken by Lord Dalhousie, and did not
mean to have recourse to any such line of conduct. He had kept his
word, but it was hardly to be believed that these same gentlemen made
this private communication public in the American newspapers the in.
stant they' retired, and thereby committed a breach of their solemn
word, at the same time stating that which was absolutely untrue, al-
though the same thing had been suggested in subsequent debates. It
was said that he had promised them distinctly that this money should
not be Feed out of the funds at the disposal of the mother country; but
it was somewhat remarkable that his dispatch to a contrary effect was
laid before the Ilouse of Assembly the instant it met. Could it be be-
lieved, though it were asserted by twenty Mr. florins and Mr. Vigers,
that he would have violated his engagements with these persons, or
one word more to offer with regard to the charges which Mr.
any other parties ?—(Hear, hear.) So much for this. He hail but
Roebuck had brought against the Government of the mother
country for having opposed the Canadians from the period of
the conquest down to the present time. The argument of the
Learned Gentlemen was successfully answered by the eonelusion to be
drawn from this evidence of Dr. Franklin—evidence that was hnportant
then, but woule be of still more importance in that country to which it
so immediately related, and where he hoped it would soon find its way.
He, however, could find another witness to refute this argument—not
one com Parable with Doctor Franklin, though one, perhaps, quite as
important for the present purpose. This witness, so late tea 1834, stated
his earnest and anxious wish to have the recommendations of the Com-
inittee of 1828 relating to Canada carries( into effect, and that the Go-
vernment of this country had always been unremitting in their desire
to promote the interests of the Colony. He could not express more
approbation of the measures of 1828 and 1834 than this witness did,
and the House, no doubt, would be surprised to learn that the witness
then a elsmber of that House and of tke Committee.--(flear, hear.)
to whom he referred was no other than Mr. Roebuck himself, who was
He thought he had now vindicated both Lord Gnsford and the Govern-
ment, and he had merely called the attention of the House to those
wished to cite the authority of that Learned Gentleman against
himself.—(Hear.)
points which had been used on the other side by Mr. Roebuck, as he
Sir It. FEEL—Sir, it is my intention, after mature reflection, and
not without great reluctance, to give my support to the present propo-
sition. Sir,
I give my support to it because I can find no safe alterna-
tive to which I can resort. If i doubt the justice of the measure—if
I saw any other mode of escaping front the difficulties in which the Go-
vernment of Lower Canada is involved—l do not hesitate to say that I
would refuse my assent. But, Sir, I consider the measure justifiable,
not only in point of equity, but also on account of the conduct of
the Canadian Assembly ; and as a matter of prudence I can see no
other course that I can pursue. The question, Sir, now is, what is
time course which we should pursue ? Shall the people of England
be called upon to bear this burthen ?—(Hear.) It is impossible to
of the land and the other officers on whom
of the Colony itself depends. for an indefinite time in
theleave administration cf the Government devolves, and on whomcatitution.—(Hear, hear, hear.) On whom ought this
athisttastueceoefss
•
charge to
ihp Is it, Sir, fair that the people of this country
should take upon themselves the oayment of the salaries of those officers?
Is it not clear that the people who are interested, and for whose Go-
vernment
e
Sir, if it were a mere suspension of an ordinary right I
should not on that ground have supported any measure for the annihi-
lation of the Ceradian Constitution. But what was the ground upon
r hetir. ) hear, the
expense is incurred, should bear the charge?--(Hear,
which the supplies were refused ? Why the express ground upon which
they were refused was this We will not pay the public officers their
salaries. eve will suspend the whole machicery of the Government,
unless you consent to a fundamental change in the Constitution," Sir,
I do not hesitate to say that this is an unjust condition to attach to the
Constitution ip)aenynsitoeiiiit
of the Constit of the officers of the Government. In my opinion, a sus.
is by no means the necessary consequence
of a revolt. If a revolt takes place there are other means to be
resorted to, to restore tranquility and establish your authority, be-
sides a suspension of the powers of the Constitution. I say, if your
ground for the present measure simply rested on the existence of a re-
volt your first course ought to be to vindicate the law—to take proper
measures to repress disaffection—to arrest those who rebelled against
the authority of the Crown—and to bring the guilty to punishment.
It is by such as these—by the ordinary means resorted to, to repress
di,afrertinn and put down resistance, to encourage the loyal and punish
the guilty'—that a revolt should be met, Well, then, what is the next
course that you might pursue? Would you advise the dissolution of
the present Assembly, the present excited state of the colony ?
Would this be a course proper to be pursued? I say, certainly not.
Such a course is one which no prudent man would advise. d
you, then, advise the course of leaving the present Assembly in the pos.
.
session of all its powers—of all the authority which it possesses, but
that you should suspend its functions, and nut call it together, taking
away by taw the power that renders it necessary to be called
together once a year? • In snch a case it would be necessary to
obtain a power to carry on the local affairs of the colony, and also to
give a pr xer to the Executive Government to controul the disposal
of tile public money, which would otherwise hive to he voted by the
House of Assembly. Now, it appears to me that this is the most ob-
jectionah!e coarse that you could pursue. It appears to me that, great
„a is the difficulty that may arise from the proceedings we are about to
pursue, yet, upon the whole, considering the present state of public
tocling in Canada--considering the present agitated state of the public
mind, that province—considering the disposition which has been
manifested on the part of the Assembly, that thee are not prepared
to cooperate with tus in carrying on the local government of the
colony, unless upon conditions to which we have declared that
we cannot submit—I say,
Sir, admitting the full force of all
these considerations, I have reluctantly come to the conclu-
sion that there is no other course which we could safely pursue unless
suspending the Constitution of Lower Canada for a limited period, and
snaking a temporary provision for a limited period for carrying on the
Government of that country.—(Hear, hear.) On these grounds, Sir,
do I glee 1"Y consent to what I apprehend to be the main principle and
object of the Bid, namely, the suspensions, for a limited perioe, of the
Constitution of Lower Canada, and the temporary devoletion during
such limited period to a Governor, to be appointed by the Crown, of suf-
ficient power to enable such Governor to administer the affeirs of that
province. I will withhold no power from the individual se appointed on
account of any difference of political opinion ; but whilst I am pre.
pared to concede all just and necessary power, I will never consent to
confer cite iota of Power beyond what appears to be required by the na..
tune and exigency of the case.—(Loud cheers.) In a matter of such
great emsreeoey, personal character and the liberal opinions of a Chief
Governor sink into insignificance compared with the great constitutional
question at issue. •
The Bill allows Lord Durham, with the advice of
certain Councillors, to make ordinance; for the Government of the
colony. I can not consent to confer any thing that gives a
power to make a provision for the permanent Government of
the Colony. I will not allow to him or his Councillors any power which
is not of a temporary nature. To this part of the Bill I, for one, will
never give my consent.—(Cheers.) If I stand alone, I will oppose
those Part*. 01' the Bill, and I claim from the House of Commons--
from men of all parties, so much adherence to constitutional priviliges
and principles as will not permit the extension of any pdwers which have
not been shown to be justified by peculiar necessity.—(Cheers.) It is
my intention to propose that we shall emit front the Bill that part in
which are celled upon to recognise a certain Assembly which is
to he called together by Lord Durham, and which is to:possess
a certain representative character.—(Hear, hear.) I trust you will
not be led away by any plausibilities from duly weighing the oh_
. jeetiw" to this proposition—l trust you yell not' reject the are
guments that may be urged against this part of the Bill, until you
have duly considered their impor,ance and effect. Here, then,
is a Bill which goes to suspend the Constitution of Canada,
and to annihilate the entire constitutional Assembly of that pro_
since. '.ehet Assembly under the law and the Constitution, is the
only representative of the feelings, opinions, and interests of the people
of that colony. How, then, shall we be called on to admit any assembly
consisting el' other persons as representing the interests and opinions
of her elaests's subjects in that province.—(]dear.) If a representative
body is necessary to carry on the affairs of Lower Canada at the present