The Sun.
London, England, 1849-03-27 00:00:00

LIABILITIES.

f. 67,900,000 00
Ditto of the Branch Banks ... ..• 23,350,000 00
Reserve fund 10,000,000 00
Ditto of the branch banks ... 2,980,750 00
Reserve- immobiliere .• • ... 4,000,000 00
Notes to bearer, in circulation ... ... 403,336,500 00
Ditto of the branch banks ..• ... 21,059,100 00
Ditto to order (post-bills) •.• ••• 881,758 20
Account•current with Treasury creditor 51,925,827 08
Various accounts current ..• ••• &1,503,702 63
Ditto in branches ••• 25,762,991 00
Bills payable at sight ... ... 4,837,300 00
Ditto at branches ... 695,895 00
Bills of the branch banks payable by
the Bank ... •.. 5,908,810 61
Ditto of the Bank payable by branches.. 2,807,632 00
Dividends payable ••• 336,949 25
Liquidation of the Algiers Bank ... 216,189 04
Discounts, interest, and expenses ... 1,024,070 32
Ditto branch banks ... 1,128,997 00
Re-discounts of the last six months ... 246,109 85
Ditto in branch banks .. ••• 460,661 00
Miscellaneous 109,424 13

f. 710,470,667 11

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, March 26.
The LORD CHANCELLOR took his seat on the Wool-
sack at Five o'clock.
Lord CAMPBELL presented a petition, numerously
signed, from Devonport, praying for the release of the
Rev. Mr. Shore, and for such an alteration in the law
as would prevent the imprisonment of clergymen for
preaching the Gospel.
The Earl of WICKLOW presented several petitions
from unions in Ireland against the rate in aid.
Lord MONTEAGLE presented several petitions with
a similar prayer.
DISTRAINING FOR RATES BILL

_ -
Lord CAMPBELL moved the third reading of the
Distraining for Rates Bill. He proposed to add a clause
limiting the period for which persons could be im-
prisoned for non•paymeat of church-rates to two months.
After a few words from the Marquis of SALISBURY
and the Earl of MALMESBITRY, the clause was agreed to,
and the Bill was read a third time.
NOVA SCOTIA.

Lard STANLEY presented a petition from Nova
Scotia, complaining of the case of Mr. Fairbanks, and of

the manner in which the administration of the province of
Nova Scotia was conducted. The petitioners were
firmly attached to the maintenance of the connexion be-
tween the colony and the mother country, and com-
plained of a dispatch received from Earl Grey,
announcing his intention to give the consent of the
Government to a measure proposed by the Colonial
Legislature, as a violation of a pledge given by
his predecessor in the office of Colonial Secretary. It
appeared that a vacancy had occurred during the time
that he (Lord Stanley) was Colonial Secretary—a
vacancy had occurred in the office of co-
lonial treasurer, and, in accordance with a re•
commendation from Lord Falkland, the office of
treasurer had been given to a gentleman not connected
with the Legislature, on condition that no person
holding that office should thereafter have a seat
in, or be a candidate for a seat in the Colonial Le-
gislature. He would take that opportunity of cor-
recting a popular misapprehension, that the Colo-
nial-office was a vast preserve of patronage With the
exception of governors and a few other officers, the whole
of the colonial appointments were bestowed on colonists.
With the exception of the governor, in all the North
American colonies all offices were by solemn compact con-
ferred on colonists.—(" Hear, hear," from Earl Grey.)
In consequence of this communication with Lord Falk -
land, Mr. Fairbanks was appointed, on the under-
standing that he should not be either a member or a
candidate for a seat in the Legislature, and that the ap
pointment should be held totally independent of
political fluctuations, and that no political change
should lead to his removal. On that understanding Mr.
Fairbanks, a member of the legal profession, resigned his
gave up his pro-
accaeupdt the appointment.
in order
nrLdengrislattnure,
fseesastionin
This dispatch was received by his (Lord Stanley's)
successor, Mr. Gladstone, who confirmed this arrange-
ment. So far us words and pledges could give a se-
curity, Mr. Fairbanks had therefore a security for the
permanence of his office. The Executive Council
had, since 1839, in Canada, become more a political
Government than formerly, in order to secure
what was called a responsible Government, but what he
called a party Government. This had been done in
Canada by law, but not in the other colonies, Up
to the time of this appointment there had been,
therefore, no party Government in Nova Scotia.
Various advances had been made to the
liberal party in Nova Scotia, which they had
always repudiated, contending that they would have the
whole control of the Government, or none. When Earl
Grey succeeded to office he urged upon the Governor
the necessity of impressing upon the local Government
of Nova Scotia the necessity of abstaining from being
actuated by. party motives in removing persons
from, or appointing persons to, office in the colony, al-
though he wished to give responsible government to the
colony. In 1847 a general election took place, and in
January, 1848, the Assembly met. An amendment
to the Address declaring a want of confidence was
carried, and the Ministers resigned, and a new
Administration was appointed, which introduced a Bill
altering the character of the office of treasurer, appoint-
ing two officers instead of one, and displacing Mr.
Fairbanks without affording him compensation for
the loss of his office. The Lieutenant-Governor, while
bearing testimony to the merit of Mr. Fairbanks, re-
commended that the proposed Bill should be sanctioned
by the Government at home. To his honour and his
credit, the Noble Earl opposite expressed his dissent from
these views, and argued the question in a convincing man-
ner, declaring the reasons urged in support:of the removal
of Mr. Fairbanks to be most unsatisfactory, adding that
that gentleman had a strong claim to be continued
as treasurer.—(Hear, hear.) The Governor of the
colony appeared throughout to have acted as a
partisan of the Legislature, instead of that of a mode-
rator between the parties, and it was most unfortunate
for Sir John Harvey, who was, he believed, a most
honourable man, that the Civil List Bill should at
the time be under consideration of the Colonial
legislature, by which it was to be determined whether
the salary of Lieutenant-Governor should be 2,500/,
3,0001., or 3,5001. a year. The Noble Earl again. urged
them not to remove Mr. Fairbanks without granting to
him an adequate compensation. So far he went entirely
with the Noble Earl; but he thought that their Lordships
would be surprised to find that the Noble Earl had after
this declared that if the Legislature should, by an Ad-
dress to the Crown, request that the Bill should pass as
it stood, he should advise the Crown not to dissent from
it. Mr. Fairbanks had accepted the office on the under-
standing that he should not be removed for poli-
tical causes; he bad performed his duties faith-
fully, and it was proposed to remove him
without compensation, and the Noble Earl considered
that the faith of the Crown was not pledged to him, and
had said that without again appealing to the
people of the colony, he would, it those who had
passed the Bill persevered in it. advise the Crown to
give its assent to the measure. Why, if the faith of the
Crown was not pledged in this instance, in what instance
could it be said to be pledged ? Under these circus-
stances he thought that Mr. Fairbanks had been un-
fairly treated, if the Colonial-office should give its con-
sent to the measure which the Noble Earl had previously
condemned. The plea could not be maintained, that the
members of the Cabinet should be of the same political
opinions, which was a modern arrangement, even in this
country, and was a principle which could not be applied
to a colonial administration without great inconvenience,
because there could not be an effectual check upon the
Legislative Council. The Liberal party not only dis-
missed Mr. Fairbanks, but removed one hundred jus-
tices without assigning a cause; and after the election, '

at which they obtained a majority, they nominated
all the members of the Legislative Council of their
own party. They could not but regard with alarm,
under such circumstances, that the minority might be
oppressed by a temporary political majority. It was on
these grounds that the petitioners prayed their Lord
ships to protect them irom despotic government. They
should look with jealousy at the enunciation of a prin-
ciple, that the Government was not respensible, and that
he should not take any steps without the advice of the
Council. This principle was repudiated by Lord Met-
calfe, when Governor of Canada, who said that such a
surrender of the prerogative of the Crown would be
incompatible with the character of a British colony.
He cordially concurred in that sentiment, and thought
the petitioners should be protected from a small domi-
nant majority.
Earl GREY felt that in this case he stood on so strong
a foundation of truth and reason that he might well en.
counter the Noble Lord's superior powers. Ho should
take the topics in the opposite order from that in which
they had been introduced by the Noble Lord, and if be
endeavoured first to explain his own views of the system
of colonial administration, their application to the indi-
vidual case before their Lordships would then be more
easily made. The Noble Lord had pointed out the diffi-
culty of reconciling the exercise of due authority on the
part of the Crown with the enjoyment by the colonies of
those privileges in the administration of affairs which
they valued no less than the people of this country.
Lord John Russell, when Secretary for the Colonies, had
observed, that it was easy to point out contradictions
and difficulties which might arise from an extreme use
of power vested in different authorities. His words
were—" It may be said that I have not drawn any spe-
cific line beyond which the power of the Governor, on
the one hand, and the privileges of the Assembly, on the
other, ought not to extend. But this must be the case
in any mixed Government. Every political constitution
in which different bodies share the supreme power, is
only enabled to exist by the forbearance of those among
whom this power is distributed. In this respect the ex-
ample of England may well be imitated. The Sove-
reign using the prerogative of the Crown to the
utmost extent, and the House of Commons exerting
its power of the purse to carry all its resolutions
into immediate effect, would produce confusion
in the country in less than a twelvemonth. So in
a colony; the Governor thwarting every legitimate
proposition of the Assembly, and the Assembly
continually recurring to its power of refusing supplies,
can but disturb all political relations, embarrass trade,
and retard the prosperity of the people. Each must ex-
ercise a wise moderation. The Governor must only
oppose the wishes of the Assembly where the honour of
the Crown or the interests of the empire are deeply con-
cerned; and the Assembly must be ready to modify some
of its measures, for the sake of harmony and from a re-
verent attachment to the authority of Great Britain." If
the great authorities of the state strained their respective
powers, our balanced system of a constitution would be
brought in a month to a stand still, and the result would
be, hopeless confusion; but the remedy, to use the expres-
sive language of his Noble Friend, was to be found in the
"wise moderation" with which their constitutional powers
were exercised. The same principle must be applied to
the colonies. The time now had arrived when the power
of the colonies of this country must be regulated by the
feelings and judgment of the colonists. He had never
intimated to any governor that he was free from respon-
sibility for such measures as he might sanction, but after
the constitutions which they had given to these colonies,
they could not shrink from the conclusion that public
opinion must finally prevail. The Noble Lord having
read some extracts taken from his dispatches to Sir
J. Harvey, Lieutenant-Governor of Nova Scotia,
directing him as to the policy he should pursue, proceeded
to observe, that in his opinion they could not maintain
the North American colonies on any other grounds.
These were his views as to colonial government, and
these were the views he had uniformly and constantly
maintained; and in doing which he had the full concur-
rence of his colleagues. He had endeavoured to carry
them out as fairly and impartially as he could, he had
administered the powers entrusted to him to the best of
his ability, and whenever mistakes may have been com-
mitted—for he was not presumptuous enough to suppose
mistakes were not committed—the actual condition of
their North American provinces was the best proot that
those principles were sound and just. The Noble Lord
said that the power of the Crown was thrown away in
this instance.
Lord STANLEY did not say the power of the Crown
was exactly thrown away, but that it was exercised in
an unsound manner.
Earl GREY misunderstood the Noble Lord, no doubt,
but in the conclusion of the Noble Lord's speech he said
something very like it. To tell the colonies they were to
decide on local concerns, and that, whatever difference
arose, the Assembly, and not the Secretary of State, was
to give way; it followed that free grovernment was really,
under such circumstances, but a name. Now what hap-
pened in Nova Scotia? For 15 y ears the granting of the
civil list was a subject of great contention, and during the
five years the Noble Lord was in office he endeavoured
to bring that difficult question to a satisfactory conclusion,
particularly as regarded the payment of the judges. Since
he (Earl Grey) came into office, he had also endeavoured
to settle it, and he had the satisfaction of stating that by
a dispatch received not many days since, the question
was brought to a satisfactory conclusion. The Assembly
had seen the propriety of settling it, and thus was the
question set at rest. The Noble Lord read a dispatch
of his (Earl Grey's) to Sir John Harvey as to keeping
the principle of removal cf judges on political grounds
within the narrowest limits, of which he was pleased
to approve—and that principle, he was happy to say,
was about to be carried out very generally in their co-
lonies. Again, he (Earl Grey) strongly urged that, in
adopting that system, they should refrain from doing
injury to individuals ; that whenever persons were
removed they should get compensation, and that rule
they also recognised. When their Lordships remem-
bered bow strong public feeling was on the con-
tinent of America against the giving ' of pensions,
they would at once see how important it was that they
should be limited within as narrow a compass as pos-
sible. If he were prepared to grant that, in the pre-
sent instance, the powers of the Crown were prescribed
—if he were to grant that which he was not ready to
do, it ought to be recollected that, even in this country,
no party or office could altogether
.justify the manner in
which the power of the Crown was exercised, and if
that were so at borne, how much more might they ex-
pect it in the. colonies. He would not say that no
errors were committed, but he contended that, to
fight the party battles in that House, of their North
American Colonies, would be most disastrous. When
quarrels existed between the Crown and the colonies,
no doubt .the subject was brought very properly before
Parliament.—(Hear, hear.) When a ditterence arose
also between the Representative Assemblies and the
Crown, it was right that a similar course should be pur-
sued; but, in the present instance, the case brought for-
ward was by a minority, who complained that their views
were not acted on, although the majority had decided
against them. Hitherto every Government had endea-
voured to exercise their power as impartially as possible;
to use the power of the Crown to moderate the ex-
cesses of party feeling, and that if, in cases like the
present, they were called on to account why they did
not interfere, he feared it would be impossible to steer clear
of party contests. If the divisions that existed in the colo-
nies were to be carried on in this country, what would be
the consequence? Suppose a change of Administration
had taken place at home—that a party got into office
without any corresponding change of feeling taking place
in the colonies, or that the majorities in the Assemblies
were against the home Government, how could they act?
In what a dilemma should they be placed. He (Earl
Grey) regretted what fell from the Noble Lord as to the
present condition of Canada, and the opinion expressed
by him that certain proceedings now going on there were
likely to lead to a rebellion.—(" Hear, hear," from Lord
Stanley.) The Noble Lord reiterated his assertion; but
all he (Earl Grey) could say was, that from official do-
cuments which reached this country, he had been in-
formed that those engaged in the transaction alluded to
by the Noble Lord, repudiated such a construction as he
placed upon it.
Lord STANLEY said he knew quite the contrary.
Ear GREY—The Noble Lord says his information
leads him to believe that the contrary was the fact ; but
he (Earl Grey) had seen the resolution proposed for
adoption in the Assembly.
Lord STANLEY observed that he also had seen the
resolution alluded to by the Noble Lord, as well as the
amendments proposed. It may be quite true that the
Noble Earl had more information on the subject than be
had, but the amendments moved, which were negatived
by two to one, adopted the preposition that no compen-
sation should be given; and some of the members of the
Canadian Government were found in the majority, ac-
cording to the list of votes which he had seen.

Earl GREY continued—He had iot seen the votes to
which the Noble Lord alluded. They were not sent to
the Colonial-office, because the practice hitherto had
been not to do so, until the end of the session of an As-
sembly, but he sent out directions that in future they
should be regularly forwarded. He had, however, in
his possession the lastest newspapers, and it did not ap-
pear that the resolution was as yet discussed, or the
Bill to be founded upon it brought forward for consi-
deration. The Assembly entirely disclaimed the inten-
tion of rewarding treason or rebellion, but they did say
that as in regard to Upper Canada, and against their
strong remonstrance, a Bill was framed to remunerate
persons whose properties had been destroyed or injured
by the militia, on suspicion of their being found in the
rebellion, that when compensation was so obtained, and
that, too, while the Noble Lord was in office, they saw
no reason why it should not be extended to the other
portions of the province. They added, that when the
Bill so passed they objected to it, that it was an
erroneous measure, but in common justice and
common honesty it was necessary to apply the
same rule to Lower Canada. They held that what
was treason or rebellion was a question which ought to
be decided by legal tribunals, and by them alone, and
that even for policy's sake it was desirable that compen-
sation should be granted, because it was notorious at
that time the majority of the French Canadians were
disloyal to the British Crown, and that now, when
they were warmly and seriously attached to it, their
loyalty should not be discouraged. Looking at the re-
solutions passed by the Assembly, there was nothing
monstrous in the doctrine propounded. All he knew
of his Noble Friend (Lord Elgin) was by reputation,
and he advised his appointment in Canada, which he had
conducted with great Frudence, and he had unlimited con-
fidence in him, and no doubt he had good reasons for
the course he had adopted. With their Lordships' per-
mission he would read a private letter which he had re-

ceived from him at the time of the late threatened re-
bellion in Ireland, in which he described the actual state

of the country over which he presided. Irish politics
had been attempted to be introduced into that country;
but he stated his intention to combat them vigorously,
and the result of his efforts had been a firm and wide-

spread display of attachment and loyalty to the British
Crown. That was the result of the system he had pur-

sued, and its beneficial tendency. The Assembly showed
a disposition to treat his advice with respectful deterenee.
I In conformity to that advice the Assembly had consented
to reduce the tax proposed to be levied upon provi-ions,
although they had doubts about its proprie,y. From
the results of the general principles of his Lordship's
government, ho would come to the case of Mr. Fair-
banks, who, he admitted, had been somewhat hardly
dealt with. But there was a very material part of the
case omitted by the Noble Lord. The treasurer's salary
was annually voted by the Assembly, and at any moment
that salary could have been withdrawn, although the
Crown had the power of appointment. Thar being so,
the tenure of the office was clearly at the pleasure of the
Assembly, and not of the Crown. He was sorry that
the Noble Lord had brought forward this case of Mr.
Fairbanks, because it had compelled him to make that
statement which he feared would greatly injure him, as
his case was not yot decided. He bad now stated what
were the actual circumstances of the case, but had not
determined what advice he should give to her Majesty
on the subject, but he had shown that Mr. Fairbanks did
practically hold his office at the wiil of the Assembly.
It would not have been right to oppose the financial mea-
sures of the Assembly, and if he was placed in the same
situation again he should give the same advice.
Lord BROUGHAM was aware that out of doors it
was supposed that the Noble Earl had been instrumental
in the appointment of Lord Elgin to hia present high
office, but he (Lord Brougham) and his Noble Friend
(Lord Stanley) knew to the contrary. There having
been a clamour raised against the Noble Earl's adminis-
tration, that he gave colonial offices to various members
of his family, he would take the present opportunity of
doing another act of justice to the Noble Earl. He
(Lord Brougham) was constantly hearing the present
Governor of Jamaica called one of the Grey family, his
name being Grey; whereas he happened to be related to
the Noble Earl in the same way as he was to him (Lord
Brougham)—namely, through the first parents of
the human race. He had listened with great
pain to the Noble Earl's defence of the treatment
experienced by Mr. Fairbanks. He considered that
gentleman to have been exceedingly ill used.
It might be true that Mr. Fairbanks held
his office upon a precarious tenure, depending upon the
will of a majority of the Assembly, but that was no
reason why the Government should have acted towards
him in a spirit of hardship and injustice. He hoped it
was not too late, and that the Noble Earl would refuse
to sanction so iniquitous a course as had been proposed
to be adopted. Why did not the Noble Earl act in the
case of Mr. Fairbanks, as he had done in the case! of
the Civil List Bill ? Upon another point he felt still
more strongly on public grounds; he alluded to the dis-
missal of one hundred magistrates without any cause
assigned. This was not the act of the Assembly, but
it was a measure of the Colonial Government itself.
These magistrates had not only the ordinary judicial
powers in criminal matters, but four-fifths of the civil
business of the colony were disposed of by them. It
was a most violent measure. There was a majority
of seven. A change of four votes might defeat
the Government ; then came another party
into power, and perhaps another one hundred
magistrates would be dismissed, and the first 100 be re-
stored; so that every magistrate in the colony would he
turned into a partisan and political trader. He should
like to know what would be said if a Lord Chancellor
or a Secretary of State should in this country strike out
of the commission of the peace a number of magistrates
in the proportion of 100 to every 250,009 inhabitants ?
Why, that would be striking off between 7,000 and 8,000
magistrates in one morning ! He regretted that the
affairs of the colony were not in a satisfactory state, and
he considered a more vigilant control over the local
authorities was required.
Earl GREY said that the list of magistrates said to
have been dismissed included the names of upwards of
40 persons who were dead.

Lord BROUGHAM—Then there has been very great
misrepresentation.

Etii:l GREY said that was precisely what ho wished to
press upon their Lordships, and to call upon them not
to form a judgment until they knew the real facts. With
regard to what the Noble and Learned Lord had said in
reference to Sir Charles Grey, he (Lord Grey) should
be sorry if his Right Hon. Friend should be mortified
that he disclaimed him either as a political ally or as a
distant relation. Certainly be was originally of the same
family, and not merely related to the Greys of Howiek,
as the Noble and Learned Lord had said, through our
common first parents.
Lord ST AN LEY observed that whether one hundred or
only sixty magistrates had been dismissed the case was
the same in point of principle ; but he would not attempt
to justify a gross misrepresentation.
Their Lordships adjourned at Half-past Eight o'clock

HOUSE OF COMMONS, March 26.
The SPEAKER took the Chair at Four o'clock.
ARBITRATION.

Mr. EVANS presented a petition from Wales in
avour of international arbitration.
IRISH POOR-LAW.

Mr. J. O'CONNELL presented a petition from Lime-
rick in favour of an alteration of the Irish poor•iaw.
NAVIGATION•LAWS.

Mr. GREENE presented a petition from Lancaster
against any alteration of the navigation-laws.
RATE IN AID.
_ _

Sir E. BIACNAGFITEN and several other Members
presented petitions against the Rate-in-aid Bill.
MR. SLIORE.

Mr. TUFNELL presented n. petition from Devon-
port in favour of 'he liberation of Mr. Shore.
HOME COLONIES.

Mr. LUSHINGTON presented a petition agreed to at
a public meeting at the Hall of Commerce, in the City,
in favour of the establishment of home colonies, to be
assisted by loans from the Treasury.
CATTLE AND SHEEP STEALING (IRELAND).
Mr. BOURKE presented a petition from Galway and
Cork in favour of a measure for the more effectual sup-
pression of the offence of cattle and sheep stealing.
LANDLORD AND TENANT BILL.

Mr. SCROPE presented a petition in favour of an
alteration of the law as respects landlord and tenant in
Ireland.

INTERNATIONAL ARBITRATION.

Mr. W. PATTEN presented a petition in favour of
nternational arbitration.

Mr. STAFFORD presented petitions from several
places in the county of Northampton to the same effect.
Mr. V. SMITH presented a petition from Bannock-
burn, signed by nearly every adult in the place, also to
the same effect.
BIRTHS, MARRIAGES, &c. (SCOTLAND) BILL.
Mr. HASTIE presented a petition from some place in
Scotland against this Bill.

Mr. FOIiBES also presented a petition from Stirling-
shire against this Bill._ _

POOR-LAW.

Mr. BAINES presented a petition in favour of rating
;he owners instead of the occupiers of small tenements.
FINANCIAL REFORM.
Mr. COBDEN presented a 'petition from a place in
;he county of Edinburgh, and also one from the West
[tiding of Yorkshire, praying for a reduction in the na-
donal expenditure.
MANUFACTURE OF PAPER.

Mr. REYNOLDS gave ❑otice that, alter—Easter, he
ihould call the attention of the House to the manufac-
ture of paper in Great Britain and Ireland.
ARBITRATION.

Mr. M. MILNES gave notice that ho intended

to propose the following amendment to the
motion of the Honourable Member for the West

Riding—that it is desirable that this country should
use its influence with foreign nations to prevent
war, or if that be not practicable, to endeavour to induce
the contending parties to take time for the consideration
of the evils they are likely to suffvr if they proceed to war.