The Sun.
London, England, 1838-02-03 00:00:00

IMPERIAL PARLIAMENT,

HOUSE OF LORDS, FE,. 2.
The LORD CHANCELLOR took his seat on the Woolsack,
at five minutes past Five o'clock.
Earl SHAFTESBURY presented a petition from Cam-
berwell, praying for the adoption of Rowland Hill's postage
system.
Lord RADNOR presented a petition from Wigan, pray-
ing for the entire abolition of negro slavery.
The same NOBLE LORD presented a petition from the
Mayor and Town Council of Bridgewater, complaining of
the treatment shown by landed proprietors since the last
Parliamentary election, and praying either for Vote by
Ballot, or that the borough might be disfranchised.
The Earl of RIPON gave notice that on this day
week he should move the second reading of the Bishoprics
of Sodor and Man Bill.
AFFAIRS OF CANADA.
Upon the order of the day being read that the Bill for
the regulations of the affairs of Canada be read a second time,
Lord GLENELG said, it was with pain he rose to
propose to the House that a Constitution given to one of
our Colonies should be for a time wthdrawn.—(Hear,
bear, hear.) That certainly was a duty by no
means of a pleasant nature. If he were called
upon to enter upon this subject in proportion to the magni-
tude of its importance, he felt that he should be obliged
to trespass on their Lordships for a very considera-
ble time, but in the present instance he found him-
self relieved from that obligation, inasmuch as the
subject was not new to their Lordships. He had
already had occasion to state the character and nature of
the subject of the Bill that was now to be brought under
consideration. This Bill came to their Lordships with
the sanction of a large majority of the other House of Par-
liament, and he trusted it would meet the approbation of their
Lordships. The character of the Bill was one which could be
justified only by the necessity of the case which createdit. Un-
fortunately that necessity was so notorious that it presented
itself at once to the notice and observation of every man.
The simple facts of the case were amply sufficient to justify
the measure proposed. The papers on the table would make
the facts known to all ; and they proved that in Lower
Canada at the present time, the Constitution that had been
established forty or fifty years since had in truth ceased to
exist. That Constitution, during the first twenty years of
its existence, was in a state of abeyance ; during the last
twenty-five years it had been in a state of constant strug-
gle and progress ; but it was admitted that parts of
it had not, to use a common phrase, worked well to-
gether, and had not properly performed their functions.
And after various delays, which had retarded its progress,
for some time that Constitution had become almost pare- 1
lysed. To that state of things had succeeded the unfortu-
nate insurrection of which the facts were well known to
their Lordships, and the result he believed was (and it
would not be contested by any person), that the Constitu-
tion was at that moment practically suspended. He
would not stop to ask to whom that state of things is to be
ascribed—whether to the Legislative Council er the
House of Assembly, or both—by which that result
had been produced ; but he would state the fact
as a simple and sufficient ground for the measure which
he was now compelled to propose to their Lordships.
This being the state of things—the Constitution being in
effect dissolved, it was for the power by which that Constitu-
tion was at first granted, for the Parliament of this coun-
try to supply the remedy for this evil—to interpose for the
protection of society, and to hold together the very prin-
eiples by which it was meiatained. It hal been sal I. in-
deed, that instead of resorting to Para imer,t, it would be
a better course to summon the existine. Assembly, and to
make another experiment, whether the fact tions of, the
Constitution could, be. carri.el on.—( ileer, hear, heir.) 1
It must, however, be notorious that to again call toge-
ther the existing Assembly, especially from the cir-
cumstances connected with various of its Members,
would be to p ive the way fos snottier disappointment,
and another cessation of all coustitutional functions, par-
ticularly in regard to the insurrection. There was one sub-
ject upon which that Ass•Jnbly misht he convened—and a
to which the Constitution, as it would then exist, might
be carried on, if Parliament conceded what the Assembly
sieneand .d as the condition on which alone it would re-
sume its function:. What was that demand? Various
demands were made by the Assembly as the con-
dition of its rcturo to its duties. But that upnr
which it especially insisted was the adoption of
the elective principle into the Legislative Council.
He would not stop to enquire whether that was a right
principle, or whether, abstractedly speaking, they ought to
admit it ; but he adverted to the simple fact that it was not
many months since both Houws or Parliament had pro-
nounced a negative upon that principle, and hating pro-
nounced that negative after maturely wtAgLing tend torsi
dering dering the circumstances of Lower Cmatla, nothing havingo
since occurred to induce them to change that decision, it!
was impossible for them now to retract it. It should be re-
collected, when in 1836 they refused assent to the principle,
the Canadians had not then assnmed a menacing attitude
towards the mother country ; and now that they had t..p-
peered in arms, there was still less reason why they should
yield assent to it. Parliament was called upon to inter-
pose, and for what ultimate purposes had their inter-
ference become necessary ?—( Hear.) The great object
which they should have in view was, to al-
lay the animosity and the disunion which existed
in that colony, and ultimately to restore the Constitution
of 1791, improved, as it might be, and adapted to the
existing state of affairs in Lower Canada, and as to the
wisdom of Parliament it might seem best calculated to ,
improve the condition and promote the happiness
of all classes of her Majesty's subjects.--CCries of
" Hear, I,ear.") It was admitted on all hands
that there were defects in that Constitution, and it became
Parliament to ascertain what those defects were in the
opinions of those for whose benefit it was intended. The
Constitution of 1791 applied both to the Provinces of
Upper and Lower Canada ; and in looking forward to
its restoration on the basis on which it bad hitherto
stood, and its adaptation to the new position of affairs,
it was certainly their duty to consult the feelings and
opinions of the inhabitants of both those provinces.
If he could assert that they had at this moment a Consti-
tution prepared in order to suit the nature of the occasion
—framed and founded upon the feelings to which he had
adverted—this was not the moment in which such a Con-
stitution could be carried into action with advantage. Cer-
tainly the time of agitation—the time of civil contest was
not the time when any Constitution, however wisely framed,
and however wisely adapted for the ordinary wants
and feelings of the people could with any possible advan-
tage be carried into operation, which wisdom, diligence,
and labour were necessary, in order to compose these
struggles. Many angry feelings were to be allayed, and
many animosities to be extinguished. All these prepara-
tions for this Constitution must be prepared before bring-
ing the Constitution into action.—( Hear, hear.) It was
obvious, therefore, there must be an interval of time before
they could introduce the Constitution, improved in the
manner he had stated. During that time, however, it was
necessary to provide additional Government in Canada,
and that Government it was the object of this Bill to esta-
blish. This Bill, as their Lordships were aware, vested
the Government in a Governor and Council, who were
armed with legislative authority, and which limited
the period of this Government to a fixed time, providing
that the laws enacted by this Government shall
not extend beyond a given limit. This was undoubtedly
a measure of coercion ; the character of the measure could
not be disguised, and it was only by the emergency of the
occasion that it could be justified. But as that could not
be called a Constitution which might be said to have
ceased to exist, and as they could not call another Constitu-
tion immediately into being, it was obvious that during
the interval they must provide for the authority
of Government, and the safety of this province.
It was undoubtedly a great departure from the Constitu-
tion, but he trusted that it would be a mere temporary
measure—that it would be no long time before they were
enabled to return to the Constitution ; but in the present
state of circumstances it was impossible for them but to
resort to a Government of power and authority, in order to
ensure a state of pease and comfort. As they were com-
pelled to resort to a departure from the constitutional
principle, there was one advantage in making it as striking a
departure as the present was as it would ensure in itself
that it was only a provisional measure—that it was
only a provision for a time, and could only be suspected
as laying the basis of any system which eould be perma-
nent ; it showed that there must be, in no short time, a re-
turn to a Government upon liberal principles. At the
acne time, though it was always to be remembered that
it was to be connected with an ultimate return to a better
system, the interests of the people of the two Canadas were
to be consulted ; therefore it was that they were to look
to this declaration of Parliament—the language of which
was not that they were entering upon their course as vin-
dictive judges—not that they came to deprive the Canadians
of their Constitution for ever—the language of Parliament
vas, that they came there to ask what was the state of so-
ciety in those countries—to ask whether the Constitution
of that country was useful, or whether it had failed in some
of its; purposes ; and finding that, they had come:in order to
improve it. They interposed as arbiters between contend-
ing parties, and their object was, though for a time,
to fix an arbitrary Government, to revert as speedily
as possible to a wise and liberal system of Govern-
ment,. trusting and believing it would not be loug
before they would be able to establish it under
STSPlvettie-aospices. Much undoubtedly would depend on the
/ ._-,.1 7.4..NaiacteT Ond judgment of the noble person who would be
-'7.---,- slatatit 0,
Ciovernor. Every reliance was to be placed on
4-,e-, , . thie ' pers.en, and he could not help hoping that with
14':;:14 ,--the)oo fty, impartiality, and liberality that distinguished
rite
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