The Sun.
London, England, 1838-07-04 00:00:00

SPIRIT OF THE PUBLIC JOURNALS

The conversation which took place last night in the
House of Lords on the subject of Lord Durham's conduct
in Canada, will command the universal attention of the
country. The appointment of Mr. Turton, the incestuous
adulterer, to the office of one of the Secretaries of the Go-
vernment, and to that of a member of an executive
Council, consisting of only four individuals besides himself;
The latter office implying and including, if this exercise of
patronage should ever be ratified by the British Govern-
ment, one-fifth part of the authority and functions of the
bench of justice in the court of ultimate resort, is no doubt
an insult to the Canadian people, and an outrage to the
good sense and moral feelings of the Sovereign and people
of this country. But this, although the most odious and re-
volting, is not perhaps the most dangerous or mis-
chievous peculiarity that has distinguished Lord Dur-
ham's accession to his more than imperial autho-
rity. Sent out to tranquilise a distracted, and to
appease a discontented people, one chief source of
strife and disaffection among whom was the alleged
selection as members of the Council of Englishmen
and dependents of the Government, to the exclusion
of a fair and. natural proportion of native and independent
Canadians. What is the first act of this liberal and consistent,
this amiable and judicious dispenser of contentment and
peace ? It is the dismissal of the existing Council altoge-
ther, and the appointment of a sham Council, consisting
of five of the Noble Lord's own immediate creatures and
personal dependents, all, like himself, disembarked in the
colony only the moment before they were gazetted as his
Council, and one of them, as a sweetener we suppose of
the bitter Bill, the identical Mr. Turton, whose appoint-
ment to the inferior office of Secretary Lord Melbourne--
even Lord Melbourne—certainly no Pharisee, says he
learned with regret and surprise. And why should Lord
Melbourne have felt surprise as well as regret upon this
occasion ? Since Mr. Turton had gone out to Canada,
in the same ship with Lord Durham and his Lady,
it was the most natural thing in the world to ex-
pect that he' was to be appointed to some important
office or offices, and all the world did expect this,
until undeceived by Lord Melbourne's distinct assertion
that this was not intended. Nothing can be clearer than
that some correspondence or conference on the sub-
ject of Mr. Turton and his prospects in Canada must have
taken place between Lord Melbourne and Lord Durham
before the latter left this country. Nothing can be clearer
than that Lord Durham, in promoting Mr. Turton, has
acted in defiance of Lord Melbourne's declared wishes and
in defiance of his own express engagement. Neither of
these propositions can be doubted, unless by those who are
prepared to assume that the head of the Queen's Govern-
ment, speaking in its name to the House of Lords, has
been twice guilty of the mean and contemptible vice of
falsehood, has twice deliberately deceived the House of
Peers as to a matter of fact not deterred by the certainty
that, in a few months at the most, the deception would be
detected. And yet persons are to be found, and pretended
adherents of Lord Melbourne's Government too, who do
not scruple to say that Durham and his interesting protege,
Mr. Turton, may, after all this, be permitted to retain
their places. They may retain their places if Lord Mel-
bourne relinquishes his. They may retain their places if
Iserd Melbourne is willing to be branded as the utterer in
his high office of deliberate falsehoods. But it is obviously
impossible that either of them should retain their places
longer than the time in which the best sailing vessel at the
disposal of the Admiralty can carry out their dismissal, if
Lord Melboorne can be a man of honour and remain a
Minister of the Crown.—elforning Post.
We know not whether Lord Durham will find it an
easy master to satisfy the Canadians ; but this we know, that
it will be impossible for him to satisfy certain good friends of
his in the House of Lords. Last night Lord Ellenbo-
roueh, agreeably to notice, put a question to the Noble
Lord, ti,e Secretary for the Colonies on the subject of
Lord Durham's letter which appeared in the Quebec Ga-
z.lle of May 31, addressed to the Members of the Execu-
tive Council of Lower Canada, acquainting them that it
was not his intention to continue that body ; and also on
the subject of tite appointment on the 2d of June, by Lord
_Durham, of a Special Council, composed of Charles Buller,
k;sq., Chief Secretary ; T. E. M. Turton, Esq., Secretary;
Colonel George Cooper, Military Secretary ; the
Provincial Secretary, end the Commissary-General. Lord
Elleeborough contended that the Governor-General had
.no power to remove the Members of the Executive
Council except for misconduct, and that the necessary re-
sult of his acts was to put practically an end to the Court
of Appeal. The first question he had to ask was, whether,
in thus completing the Executive Council, Lord Durham
had acted without the instructions, pursuant to the instruc-
tions, or in any manner contrary to the instructions given
to him by her Majesty's Government? But, by the Act
under which Lord Durham acted, Parliament, he said,
*lad not entrusted various powers to a Governor-General,
but to a Governor-General in Council ; and it was neces-
sary that her Majesty in Council should approve of these
Special Councillors, for the Act enacted that the Governor-
Geneeal might appoint such and so many persons as her
Majesty should think fit to fill the office ; and, by
the third clause, the Governor-General in Council, and
not he aone, possessed the authority held by the
Parliament of Lower Canada, with certain excep-
tions. Ilis Lordship contended that on the principle
-1 aid down by Lord Durham in his let, er, that no person
permanently resident in the colony was to form part of the
special Council, it was to be a sham and not a real Court.
cif, having no real control over the actions of the Go-
vornor-General. What be wished to know was, whether
her Majesty's Government had given any instructions
directing that the Special Council should be composed of
persons not permanently resident in the colony, or whether
Government had received any intimation of the course in
tended to be pursued by the Noble Earl in the formation
of the Special Council ? Lord Glenclg briefly answered,
±hat the only information Government had received was
etentained in the Gazette, rnd that the Gazette was
not accompanied by any letter of explanation. He
added that there was nothing in the instructions
to 1,0,"d Durham limiting his choice to any
One class, and that Government had left with him the re-
sponsibility of duly judging, on his arrival in Canada, of
the course ',Thick ke ought to pursue in the conduct of
'affairs- As no particular instructions were given to Lord
Durham with respect to the Executive Council brought
into operation by him, the Noble Earl had consequently
acted neither in accordance with nor contrary to them. A
further question having been announced by Lord Ellen-
borough, the answer to whicn he said he did not expect
thee evening—whether there would be any objection to
laying- before the House the instructionsgiven to Lord Dur-
ham lustier the third section of the Act—this was too much
for the patience of Lord Brougham, who was evidently dis-
satisfied with Lord Elienborough's moderation. "It was
'ant," said the Noble and Learned Lord, " a matter of
option with the Governor-General whether he would have
a Council or not : he hoped that the Noble Lord (Glenelg)
bad not so soon forgotten his own Coercion Bill, for by the
second clause power was given to her Majesty in Council
to give particular instructions for the constitution of the
Special Council ; and for that purpose the Governor-
General was to appoint such and so many persons to be
-A.f embers of the Council as to her Majesty in Council might
seem' fit." The kind and quality, he contended, as well
as the number of the Council, were to be such as to her
Majesty in Council should seem fit ; clad he again
asked the Noble Lord whether provision had been made
under the second section of the Act, by her Majesty
CounciL under the sign manual or signet, enabling
the Governor-General to appoint such and so many
Persons as to her Majesty in Council should seem
fit to form the Special Council ? Till such an
ord ,sr was made all was at a stand still—there was no con-
atitueion. By their next meeting his Noble Friend (Lord
Glene.'o ought to be prep :red to give a reply. The Noble
and Leetened Lord, not satisfied with the leeture he had
t°4de edde'cb with his characteristic feeling of propriety-
4`.Her. (Lore; Brougham) could not help thinking that some
dict(wrial indit'idlial had been appointed, who said that he
moteld not only 'lomineer over her Majesty's subjects, but
"ho did not think :!'• necessary to give his masters at home
any information." Loi-d Gieneig, in a quiet way, advised
tlsc! Noble and Learned' Lord not to allow his excursive
'neatlnatien to run away te.;th him ; and reminded him
that the question put to himself' seas, whether the Govern-
Terrt had issued any special instructions to Lord
-Dui ham, and whether in those instructions any individuals
'vete excluded from the Council, and not whether any
(nAI r in Council had been issued for the formation of a
SPie :ial Council. He would at once answer that authority
had been given for the formation of this Council, and that
Inst ructions had been issued at the time before the sailing
'of :Lord Durham. Though the result of this first attempt
411ia inst his absent friend was not certainly very encouraging,
Iftio Noble and Learned Lord is not a
man to be easily dis:
knee aged. The convenience of assailing the absent is so
temp,sing that it would be demanding too much from the
Noble .and Learned Lord to require that he should suspend
his judgement till he obtained full information respecting
trensactio zee and not put the most uncharitable con-
etruction on partial disclosures. But when indivi-
kals, in ti'eir disreseard to appearances, sport so
reelelessly with their own reputation with the country,
I'Ow is it to the expected that they should be. re•
ineeined by a sense of fair dealing towards these who are
named e
quite
1191, present to defend themselves. Wayieg for the present
discussionall with respect to
the individuals das
te
6, Pecial Councillors by Lord Durham, it seems
a,,ear that as his Lordship was appointed to the arduous
7;iteflon of arranging questions of the utmost
ir
difficult
tfed(.lelicacy, not only in the sepatate colonies, but'in the
ia ni •Lions towards each other—that as he was vested with
oe i
ntrat,net ample power s, because te oertion of th
Mao* had been eus elided
ph p
that asa the respone