The Sun.
London, England, 1838-07-09 00:00:00

therefore be relied upon for the accuracy of his choice, as
it was made manifest ,byehis announcement of the sort of
attributes which he required as qualifications for the duty
of special councillor—viz., " character, respectability,
and influence in their respective districts." But, besides
the selection of special councillors, Sir John Colborne
bestowed the deepest consideration on the nature of those
rules and ordinances by which the proceedings of the " spe-
cial council" were to be regulated. Among the papers
transmitted home, and printed by Parliament, are copies of
no less than 25 rules and orders for methodizing the de-
spatch of business, asd a list of eleven important or-
dinances to have the force of laws for the general govern-
ment of the province, all of date prior to the 18th of April,
though subsequent to the end of March, when the new
Act for the Government of Canada was received by him
—a pretty convincing proof that the time of Sir John Col-
borne was not frittered away in idle or vain flourishes of
arbitrary power. Lord Durham, however, seems to have
let the impatience of infant despotism burst the com-
mon bounds both of decency and prudence. He at
once exterminated the special council composed by
Sir John Colborne with so much care and skill, and
instead of turning to the general uses of good government
the zeal or talents of these gentlemen, whose respectable
character and social influence had weighed with Sir John
Colborne in the choice of them, the autocrat acts as if he
were jealous of their official fitness, cashiers them bodily by
a stroke of the pen, substituting for their " local influence"
the natural growth of years, that of Mr. Charles Buller,
the miraculous offspring of four-and-twenty hours ; while
to the exclusion of that " respectability of character" so
essential to a proper discharge of a special councillor's
duties (according at least to the dull speculation of Sir
John Colborne), Lord Durham sets up, in awful contrast,
the " character and respectability" of Mr. T. E. M. Tur-
ton, who is to be at once the companion of his Lord-
ship's pleasures, the solace of his toils, and the sharer
of his immortality. We more than guess, from the con-
eluding passages of Lord John Russell's speech in reply
to Mr. Herries, that the sharp and shrewish leader
of the House of Commons does not like the bargain
he has got of this Canadian " High Commission." In
tones as peevish as those of Lord Lansdowne were queru-
. lous, the leader of the House of Commons confessed that
the successful issue of Lord Durham's rule must depend
cn the forbearance "of Parliament as to the mode in
which the Dictator exercised his functions." Forbearance!
Is it come to this ? Why, a man confident in the wisdom
or purity of his wen measures would challenge criticism,
not flinch from it. A man at peace with himself, and sure
of his own principles or objects, would invite prompt and
vigilant investigation. Ile would not deprecate it, nor
sneakingly I;mp off upon " forbearance." But let us ask,
on what plea it is that these Ministers are suppli-
cating Parliament not to scrutinize too keenly the pro-
ceedinge of Lord Durham, or to tread too close upon his
feotsteps ? In the same sense as that of Lord Lans-
downe, Lord John Russell exclaims that Parliament
"ought assuredly not to interfere at every step which is
male by the Noble Lord in the execution of his powers."
Now, why should not Parliament so interfere—ay, at every
step, where the step appears to be wrong ? Lord Lans-
downe talks of " pieces," and isolated " facts," &c., as un-
suitable grounds for the interposition of Parliament. But
an act which is single may also in itself be complete. A
solitary murder is a perfect act. Must it not be made the
subject of inquiry ? The demolition of the Special Coun-
sel o Lower Canada, which had been created by Sir John
Colborne under the new Act of Parlianent, is, so far as we
are now informed, an act of illegal and arbitrary power.
Shall it be entirely overlooked, on the mere pretext of its
being a detached performanc ? Must we wait for a long
context of two more years of misrule before we charge
Lord Darham with perpetrating, by the promotion of T. E.
M. Tut ton, a gross and flagrant violation of every la's of de-
cency—an audecious iesult to every civilized and Christian
mind in the community? Why, on such assumptions
we are to let iniquity go on, and neeer in'erpore to check
it, at this side the po-nt, beyond which its con-equences
become altogether irretrieeable. No, no! Lord Durham
is a ma's to be wee cacti ; he is a mart to be checked—to be
bridled at every tu-n—to be presented, even for his own
sake, that he may not be punished. Moreove-, he is not a
man for great or difEcult crises. Never s;nce he was been
has Lord Durham been tried by danger or difficulty, or
,
nor elty of posit;en. In Russia, where alone he ever was
500 miles from the central power under which lie acted,
ire did not act at all ; he wai acted upon. The Russ'ans
knew him. They flatte7el Lim, caressed him, blinded him,
Liug:.e I at him, pu• seed their own course in spite of him,
and set him ho.:,e bedizened steth stets and ribands—tie
price of se: vices not conspicuous fur their British spirit.
For what was Sir Stratford Canning repudiated by Russia?
For what was the Earl of Durham cherished ? But because
she Earl of Durham betrayed inclinations and principles
the reverse of those for which Sir S. Canning is to this
day abhorred by Nicholas? There are stripes, as well as
well as stars, in the United States, and in Canada there
are no decorations.—Times.

SECOND EDITION.

SUN OFFICE, Seven o' Clock

IMPERIAL PARLIAMENT,

(THIS EVENING.)

H 0 USE OF COMMONS.
The SPEAKER took the chair at Four o'Clock.
BRITISH LEGION.
Mr. Byng, the Comptroller of the Household, appeared at
' the bar with the answer of her Majesty to the address of the
House, agreed to on the 26th of June, praying her Majesty to
use her good offices with the Government of Spain for the
purpose of obtaining an amicable and equitable adjustment of
the claims of British officers, non-commissioned officer'', and
privates of the British Legion. Her Majesty assured her
faithful Commons that her best exertions should be used
for the purpose of carrying their wishes into effect, and that
she had directed instructions to be given to the British Am-
bassador at Madrid to effect that object.
MIDDLESEX COUNTY COURTS BILL.
Mr. CRAWFURI) moved the further cousideration of the
Middlesex County Courts Bill.
Captain WOOD rose to make the Motion of which he had
given notice, that this Bill be recommitted. From tho return
that had been laid on the table, it appeared that, since 1830,
there had bean entertained in that Court 30,000 plaints, there
had been 9,000 writs of execution, and 1,100 persons had been
imprisoned under the jurisdiction of this Court. In addition
to all this it was prop ased by the present Bill that the law
of landlord and tenant should be entertained in that court.
It might, at first sight, be imagined that the jurisdiction of
the Middlesex County Court was raised by this Bill from 40s.
to 10/. ; such was neither the effect nor the intention of the
Bill—which was, to preserve the County Court in its present
state up to 405., and to institute another court for suits be-
tween 40s. and 10/., enabling the Crown to appoint a judge.
He (Mr. Wood) thought this objectionable ; for there should,
in his opinion, be one Court and one presiding Jndge. He
should propose various amendments, to which end he moved
the re-committal of the bill.
Lord DUNGANNON seconded the motion.
Mr. FRE S H FIE L D said the Hon. Member for Middlesex
(Captain Wood) had himself stated that many thousand cases
had been decided in the Middlesex County Court, from which
it appeared, as Justice Blackstone had stated, that this Court
had been of the greatest use in character and reputation.—
( Hear.) The Hon. Member had complained that a separate
Court was to be instituted for the recovery of debts from 40s.
to 10/. If it had been the same Court, it would have been
objected that new privileges ought not to be conferred upon
the Court. He (Mr. Freshfield) considered it much better
that there should be a separate Court for suits up to
10/. ; and he was greatly surprised when he heard
the Member for Middlesex object to a Bill which was calcu-
lated, he believed, to confer more real benefit upon the people
of Middlesex than any Bill which had ever passed regarding
that county.—( Hear.) Was it not an improper state of
things, when actions had to be brought in the superior
Courts for sums so low as 3/. or 4/ ?—( Hear, hear.)
Was the House aware that in Middlesex there were pecu-
liar advantages conferred by this Court, and which would be
extended to other Courts?—that for several days of the week
the Court was sitting—that for one week in the month the
judge went a circuit, bringing home justice to every mates
door, so that causes could be tried at different places at the
least possible expense. The objection urged was, that Courts
were not presided over by persons of competent knowledge.
Here was a Court presided over by a gentleman of twenty
years standing, against whose judgment not the slightest
doubt was entertained. In answer to the difficulties of his
Hon. Friend, he could only say the Act was to continue for
one year and one Session afterwards, and therefore if the
Government brought in a general measure, that would super-
sede the Act ; and if not, it would come again under the con-
sideration of the House ; and if it had not succeeded, it would
not be renewed.—( Hear, hear.)
Sir B. HALL cordially concurred in everything which
had fallen from the Hon. Member who had just sat down,
and he could not see that any reason had been brought forward
by the Hon. Member in favour of the recommittal of the Bill.
The Committee had beer, sitting day after day for three weeks,
and the Bill had cum,' out in as perfect a form as could be
desired.—( Hear.) With regard to the argument adduced by
the Hon. and Gallant Member, he ( Sir B. Hall) could only
say that he was correct in stating, that out of 30,000 cases,
1,152 persons were imprisoned, and that 7,267 executions
went against the body, whilst there were only 15 against the
goods. The object of this Bill was to remedy that grievance
Although the Bill was not so good as it might be made, it was
most deairahle that it should be passed, and if it was found to
work well it would lay the groundwork upon which the Go-
vernment could establish a general measure for the country.—
( Hear, hear. )
Mr. PR AED supported the Bill. Ile was satisfied that it
would meet with general approval.
Strangers were then ordered to withdraw, and the Hone
divided. wlirm the numbers were—
For the recommitmere 5
Against it BO
Majority • 75
The 13, pert w)s then taken into further consideration,