The Sun.
London, England, 1838-01-27 00:00:00

system of law; but I believe on the other hand—indeed, it
was admitted last night by my Right Honourable Friend the
Member for Coventry—that the violent sweeping, and the
rough changes made by the Tenures' Act have occasioned
very considerable suffering to the French inhabitants of the
Colony; and I feel firmly persuaded that if, instead of cla-
mouring on the one side for English law, and on the other
side for French law, the two parties would combine and en-
deavour to concur in adopting some system which will secure
the merits and advantages of both laws, providing a simple
method for ascertaining to whom landed property belonged,
and a cheap and expeditious mode of affecting the transfer
of that property, no repugnance would be felt either on
the part of the French or the English Canadians. Again,
with respect to the Civil List and the surrender of
the revenues, I think, in spite of all that has taken place,
in spite of all the disputes that have arisen as to whether
the House of Assembly has fully acted up to what was ex-
pected from them when the Act of 1831 was passed, there
would be no real indisposition on either side to provide and
enact permanent and fixed salaries for the chief officers of the
Government, and for giving up the remainder of the revenues
to the Canadian Legislature. Upon looking back to the
history of these transactions, I think I can see clauses in tho
Bill for effecting the arrangement proposed to be made in
1831 which are quite consistent with this supposition. I be-
lieve there was a misunderstanding on both sides as to what
was really intended at that time. I repeat the only practical
mode of arriving at such a general adjustment of the disputed
questions is to bring together fairly and deliberately, to dis-
cuss these matters, a certain number of persons who represent
all interests in the two Provinces. I believe, under the me-
diation of the Earl of Durham, who cannot be suspected of
having any interest on one side or the other—whose only pos-
sible object must he, and is, to do full and fair justice to both
parties--that we may be able, by a discussion of that descrip-
tion, and by such persons, to devise a general project for set-
tling all these disputed points, and that a scheme may be
drawn up for the consideration of the Imperial Parliament for
accomplishing so desirable an object. If that should be the
case, and if a plan of that description should be brought under
the notice of Parliament, I cannot for a moment believe that
this House would not gladly and unhesitatingly give its au-
thority to a Bill for accomplishing that arrangement. We can
have no interest in doing otherwise, and I can assure the
Right Honourable Baronet that it gave me the truest satisfac-
tion to hear this evening the exposition of his opinion as to
the terms upon which alone a union between the colonies
and the mother country is desirable. I fully and unre-
servedly subscribe to that opinion—(Cheers)—and I believe
that upon those terms such a union might last for almost an
indefinite series of years--(Loud cheers)—and that when
that union should terminate, it would terminate only because,
from our being restrained within comparatively small limits,
and from the almost boundless space which is left for the in-
crease of the population in Canada, a time must necessarily
ultimately arrive when the relative magnitude of the two na-
tions would be altogether changed, arid the relation of a
mother country and a colony with respect to them would be
practically absurd. These are my views, and having stated
them, I say that it was not impolitic, that it was not improper,
that the instructions addressed to the Earl of Durham should
be laid upon the table. The Right Honourable Baronet
has said that by the instructions on the table my Noble
Friend, whO is going:out as the Governor of Canada, will be
fettered in the discretion reposed in him. If the Right Ho-
nourable Baronet will more accurately read those instructions,
and weigh the expressions in them, I think he will find that
the largest and most ample discretion is left to the Earl of
Durham. I may also allude to the objection urged by the
Honourable and Learned Member for Southwark. He says
that we fetter the discretion of the Governor in another and
most material point, and he observes that it may happen that
Lord Durham may find things, when he arrives in Canada, in
so tranquil a state, that men may have so much recovered from
past excitement, that there may be no necessity for adopting
an extreme measure of coercion, and therefore it would be bet •
ter that we should not make it imperative upon him. Now has
the Honourable and Learned Member considered how ungra-
cieus a task he would thus throw on the new Governor of these
provinces ? Would it be fully consistent with the nature of the
mission that he is going upon ? Would it contribute to the
success of his high undertaking, that the first act almost on his
arrival in the colony should be that of declaring, upon his
own opinion and responsibility, the necessity of the suspension
of the Constitution ? lam sure if the Hon. and Learned
Gentleman considers it in this point of view—if he regards
how invidious and ungracious a task this would be on the part
of a Governor sent out on a mission of conciliation—he will
not wish the Earl of Durham to be so instructed. We pro.
pose that if this fortunate state of things should exist—if,
contrary, I must admit, to all reasonable expectations, it
should be found that the House of Assembly could without
danger be called together before Parliament has legi,lated
up•sii this subject, upon the recommendation of the Governor,
the Crown and the Privy Council might be able to revive the
privileges which are at present to be put in abeyance. This
is our proposal : and I must say, after all that has been stated,
that I do not conceive that there is any thing wrong or
unreasonable in this proposition. But at the same time,
though I do not think that there is any thing unreasonable or
unmnstitutional in the proposition we have made, yet I feel
that there'is so little likelihood of its coining into practical
operation—that the chances are so infinitely against its being
prudent to authorise the meeting of the Canadian Legislature
until Parliament shall have reconsidered the Act of 1791—
that there is so extremely little probability of this—that I do
not think the practical consequences of this clause is at all
deserving of consideration, I, then fore, most cordially sub-
scribe to the decision of my Noble Friend, and I think that for
the sake of unanimity it is expedient that the clause should be
omitted. Perhaps, Sir, my sympathies are more favourable to
the great body of the Canadien people than is altogether popu-
lar in this country.—( Cheers.) But nevertheless, I feel it in-
cumbent upon me, under present circumstances, to support
the views of my Noble Friend.—(The Noble Lord resumed
his scat amidst loud cheers. ) _ _ _

Mr. HUME said that the bill that hal been before them
and the Bill now subimitted to them were widely different, in-
asmuch as the power of the Housa of Assembly would not be
suspended until after a proclamation, which was the sane kind
of power g yen to the Viceroy of Ireland at the time of the
Coercion Bill. The power of Lord Durham would not, then,
be entirely despotic, and he would not rvo out with a Bill
merely of painsand penalties. What now, however, he wanted
to know of the Noble Lord (Lord J. Ruisell) was, whether
the power to suspend the Constitution was to be exercised by
Lord Durham when he arrived in Canada, crby Sir John Col-
borne as soon as the Act passed. He should like to be in-
formed on this point, for, if it appeared that Lord Durham
was not to go out with despotic intention,, he should be sorry
to interfere with that unanimity which appeared so desirable.
Lord J. RUSSELL said that they considered it necessary
for the peace of the Province that it shou'd be expedient Sir
John Colborne should exercise the functions bestowed by the
Bill until the arrival of the Earl of Durham.
Mr. WARD did not at all repent of having given ie his
adhesion to the dictatorship of Lord Durham, because, in his
mind, it was the shortest and simplest way to the restoration
of constitutional liberty in Canada, and because it would he
the most eff,:ctual protection which the po deluded Canadian
population could have against the strong feeling of outrage-
ous animosity which prevailed against them among the Loyalist
portion of that people. He trusted a prospect now arose of
arriving at a satisfactory settlement of fie claims of the co-
lonies, with the intention which the Right Hon. Baronet op-
posite had so admirably expressed, and in which he (Mr.
Ward) most cordially concurred.
Mr. WARBURTON wished to know whether Sir J. Col-
borne, or any other person performing the functions of Go-
vernor in the interval of Lord Durham's arrival in Canada,
would have the power of calling together the Council, and
acting under the provisions of the Act?
Lord J. RUSSELL said that it was not intended that the
instructions addressed to Lord Durham from the Colonial
Office should be addressed to Sir J. Colborne.
Mr. HUME said that as it had been admitted that Sir J.
Colborne was incapable of conducting the Government of the
Province of Upper Canada by his removal from it on the part
of the Government, he would submit that it would not be
right in the present posture of affairs to put in force any of
the provisions of the Bill under consideration, should it be-
come law. If so, the probability would be that Lord Durham
would have to revoke all his acts on his arrival in the colony.
Lord J. RUSSELL said it was true that it certainly might
be necessary in the number of weeks that would elapse before
Lord Durham went out Canada that certain steps should be
taken by the Governor and Legislative Council. He would
not enter into any discussion of the causes which led to Sir J.
Colborne's recal from the Province, but he would say that the
Government considered that they could safely confide in him
in the present emergency.
Mr. W. S. O'BRIEN expressed his surprise that a man of
Lord Durham's high character should undertake such a mis-
sion. At all events, the Noble Lord should be taught by the
lesson of the Right Hon. Baronet, which contained an entirely
just view of the case.
The preamble of the Bill was then postponed.
Clause one was ordered to stand part of the Bill.
Clause two was then put.
Sir E. SUGDEN suggested that, as the present Bill was
essentially different in many important points from the Bill of
the last night, it was very desirable that the Noble Lord op..
posite should explain the discrepancies, otherwise it would
be impossible for persona unaccustomed to interpret legal
Acts, or read legal documents, to discover them. As re-
garded the alterations in the Bill, in the first place there
was no provision made for altering or annulling the power
of the Executive or Legislative Council, though they were
acting altogether under the power of the Crown. In
the second place, the Governor-General was authorised
to convoke the States of Canada, although a Legisla-
tive Council was still in existence. It was to be hoped that
the Governor-General would not be impatient of advice; for
between the Convention, and the Legislative and the Execu-
tive Councils, he would have quite enough of it. Again, the
Bill before the House greatly extended the powers of the
Governor-General in comparison with the Bill of last night,
because it gave to him what that measure did not even touch
upon—a power of altering the tenures of property in Canada.
Nothing more extraordinary than such a power had ever been
known in Constitutional history. By the Bill before the
House, the Governor was empowered to make laws in concur-
rence with the Legislative Council. By the old Constitution,
it was with the advice of the Legislative Council. He (Sir
E. Sugden) had no objection whatever to a Legislative Coun-
cil, but he had a very great objection to giving it by the sanc-
tion of that House, through the medium of the same name—a
character which did not at all belong to it. What he would,
therefore, submit to the Noble Lord was, that the word
" Legislative" should be left out, as not descriptive of the
character of the Council, and another, if necessary, which
would have that effect, substituted in his stead.
Mr. WARBURTON agreed to a certain extent with the
Hon. and Learned Gentleman.