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

FREWIN v. THE POOR LAW COMMISSIONERS.

The LORD CHANCELLOR gave judgment today in this case, which
was argued a few days since. The case came before the Court upon
appeal from the decision of his Honour the Vice-Chancellor overruling
a demurrer put in by the defendants, the Poor-law Commis-ioncrs, to
the bill filed by the plaintiffs, the Guardians of the Poor of the united
parishes of St. Andrew's Holborn, and St. George the. Martyr-above -
Bar. His Lordship, after going at considerable length into the facts of
the case, stated his opinion to be that the judgment of the Vice-Chan-
cellor was erroneous, and reversed it with costs.

QUEEN'S BENCH.-(THIS DAY.)

CANADA.

TO THE EDITOR OF THE SUN.

Sia,--It was again repeated in the House of Commons,
last night, that the Radicals who have given such strenuous.
opposition to the Bill "for suspending the Constitution of
Lower Canada," had, by their speeches in the House of Com-
mons and at public meetings, encouraged, if not promoted. the
resistance on the part of the people of Canada. Mr. Ellice
gave his support to that allegation, although he did not state
on what publications or proceedings he founded that charge.
The House of Assembly is condemned for refusing to vote
supplies, and the British House of Commons proposes by the
Bill now in progress, to punish them and the whole people of
that Province, for the exercise of that constitutional right. A_
charge is also indirectly made against the House of Assembly-
for having encouraged the insurrection which has taken place,
chiefly in the Richelieu District ; but, in the printed papers
laid before the House of Commons, there is not a syllable to
show that the House of Assembly, or even Monsieurs Papi-
neau, Morin, or Viger, the leading Members in thet House,
had anything whatever to do with that revolt. The stoppage
of supplies, therefore, is the only offence the House of Askiern-
' bly has committed, and it should be known to the British pub-
lic, what has been widely circulated in every part of the two
Canadas, that the first idea of stopping the Supplies, origincted
in a letter from Mr. Stanley, now Lord Stanley ; and I never
heard in Canada that any other Member of the British Par-.
liament had ever recommended a stoppage of Supplies to the.
Canadian people. I was in Canada in 1827, when Mr. Stan-
ley, Lord Sandon, Mr. Wortley and some other gentlemen vi-
sited these provinces, and it was understood that they all
left Canada, under the sti °lig conviction, that the grie-
vances of the people there were many and very grie-
vous. I find by reference to the seventh Report on
grievances, from a Committee of the House of Assembly of
Upper Canada, dated 10th April, 1835, of which Mr. M'Ken-
zie was the Chairman, that the inhabitants of Toronto, had,
in 1828, held a public meeting, at which resolutions detailing
the grievances of the people were agreed to, and a petition
embodying them prepared for the House of Commons. Mr.
Stanley was selected to present the petition to the Imperial
Parliament, and Mr. Hume was requested to support it.
In that Report W. W. Baldwin, Esq., who had been
Chairman of the Reform meeting, states the advice of Mr.
Stanley, how the people should proceed to obtain the redress
they sought for. " The Constitutional remedy," says Mr.
Stanley, "is open to the people, of addressing for the removal
of the advisers of the Crown, and refusing of supplies; (Report,
p. 4), and in Appendix, p. 95, a copy of Mr. Stanley's letter
to the Chairman of the public meeting, who had forwarded the
petition to him for presentation, will be found. The seventh
Report was agreed to on the 10th of April, 1835, hy the
House of Assembly of Upper Canada, and 2,000 copies of it
were ordered to be printed for the use of the Members ; and
by that means the greatest publicity was given to Mr. Stan-
ley's advice, as will appear by the annexed copy, part of which
Mr. Wakley read last night to the House of Commons, and
attributed that advice, which I also believe to have been the
strong inducement to the people of Canada, to persevere in re-
fusing supplies, until their grievances were redressed.

.. -
In-the Appendix to the same Report (page 97) there is a
copy of Mr. flume's letter of the Ist of May, 1829, to the
Chairman, Mr. Baldwin, in which he states that he will be
happy to support the prayer of the petition ; but it is curious to
remark that Mr. Hume, who has been accused of urging the'
Canadians to resistance, in that letter states to Mr. Baldwin,
that the best mode to obtain redress is by petitions to the Co-
ismial Secretary, and the House of Commons. He concludes
by expressing a hope " that the Canadians will persevere
steadily and moderately in the course they are pursuing to esta-
blish their rights."

A reference to the Report on" Grievances, from which I
have made these extracts, will satisfy you that the people in
that province have acted with great moderation ; and that if
they have erred in refusing supplies, they acted in the con-
stitutional mode pointed out and recommended by Mr., now
Lord, Stanley.
AN UPPER CANADIAN.

London, Jan. 26, 1838.

(copr.)
Extracts for the Hon. E. G. Stanley's (now Lord Stanrzy)
letter to W. W. Baldwin, Esq., Toronto.
Whitehall, 24th April, 1829.
Sir,—

I may be permitted to say that you and the Committee da
me no more than justice in supposing that whatever my ability
may be, I shall always be happy to exert it to the utmost in
the maintenance of the Constitutional rights of the colonists,
and in making known, and procuring the redress of, any griev-
ances of which they may have just cause to complain. In th©
exercise of that duty, on the other hand, I shall never shrink
from expressing my opinion, when I think that their expecta-
tions go beyond these just rights, or when those suppcsedl
grievances are pushed beyond their proper limits ; and in so
doing I shall conceive that I best discharge my duty, not only
as a Member of the British Parliament, but as a sincere friend_
to the real interests of the Colonists.

Upon the subject of the Constitution of the Legislative
Council, (which Ido not hesitate to say, without any disrespect"
to, or reflection upon, the individuals who compose it, is at the
root of all the evils complained of in both Provinces)—upon
the exclusion of the judges, with the single exception of the
Chief Justice, from all interference in political business—and
upon the necessity of introducing some alteration into the pre-
sent Jury system—the three most important points of your pe-
tition, you will find that the opinion of the Select Committee
(of 1828) entirely concurs with yours—and that opinion I am
disposed to support to the utmost in my power."
" On the last and one of the most important topics, namely
the appointment of a local Ministry, subject to removal or im-
peachment when they lose the confidence of the people, I con-
ceive there would be great difficulty in arranging such a plan ;
nor are the wishes of the petitioners very clearly expressed ;
for, in fact, the remedy is not one of enactment but of prac-
tice, and a constitutional mode is open to the people, of address-
ing for a removal of advisers of the Grown, AND REFUSING
SUPPLIES, if necessary, to enforce their wishes. Ido, however,
think that something might be done with great advantage, to
give a more really responsible character to the Executive Coun-
cil, which at present is a perfectly anomalous body, hardly re-
cognised by the Constitution, and effective chiefly as a source
of patronage."

" I have now, Sir, stated to you without reserve, though
briefly, my general views of the different points of your peti-
tion. If I cannot entirely concur in all of them, I give you
at least a pledge that I shall not be deterred by any consider-
tions from expressing my real opinions, and from supporting
your cause, when I can conscientiously do so, in Parliament,
with whatever power I may possess.
I have only to express, in addition, my sense of the honour
done me in confiding this petition to my care, and my hope
that nothing in my public conduct will forfeit the confidence
reposed in me. '

" I have the honour, &c.,
E. G. STANLEY.
W. W. Baldwin, Esq , York U. C."

(copy.)
Extracts of a letter from Mr. Hume to W. W. Baldwin,
Esq., U. C.._....

" London, May 1, 1829.
" SIR,—On the 10th of April, I received your letter of the
3d of January. inclosing a copy of the Resolutions of a Meet-
ing of the people of Upper Canada, and of a petition agreed
upon by them to the House of Commons.

" lam confident oppression and misgovernment take place
in the Colonies by the Government at home being kept in
ignorance of the truth ; and the best mode to obtain redress
is to apply to the Secretary of the Colonies direct, and to
send to some Members of the Commons copies in form of
petition to be presented, if the Secretary does net afford relief.
" The present Secretary, Sir George Murray, has, in his
place in the House of Commons, expressed the best opinions
and principles on which he intended the Colonies shall be
governed, and we are anxious to know whether his orders are
to enforce those principles.
" The Assembly of Upper Canada should agree to nothing
which is not for the interest of the community, and the proper
controul over every item of expenditure should be the first
and most important object.for them to attend to.
* 5

We expect to hear that some changes have been made
respecting your Council, and I agree with you, that until
these are responsible, and removable on the call of the people
for abuse of power, you will not he right."
" Wishing every success to your endeavours,- and trusting
you will persevere steadily and moderately in the course you
are pursuing to establish your rights,
" I remain youriabedient servant,
( Signed) " JOSEPH HUINIE."
" W. W. Baldwin, Esq.,
" Chairman of a Public Meeting at York, in Upper Canada."