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

Toured to exercise their power as impartially as po sib
to use the power of the Crown to moderate the ex-
cusses 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 cola-.
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 be-n
formed that those engaged in the transaction alluded to
by the Noble Lord, repudiated such a construed( n as he
placed upon it.
Lord STANLEY said he knew quite the contrary:
Etr GREY—The Noble Lord says his information
leads him to believe that the contrary was the tact ; 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 he
had, but the amendments moved, which were negatived
by two to one, adopted the proposition that no compen-
sation should be given; and some of the members of the
Canadian Government were found in the majority, Be'
cording to the list of votes which he had seen.
Earl GREY continued—He had not 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 sal
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 prudence, and he had unlimited con-
fidecce in him, and no doubt he had good reasons foe
the course he had adopted. With their Lordships' per-
mission he would read a private letter which he bad 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 bad pur-
sued, and its beneficial tendency. The Assembly showed
a disposition to treat his advice with respectful deference.
In conformity to that advice the Assembly had consented
to reduce the tax proposed to be levied upon provisions,
although they had doubts about its propriety. From
the results of the general principles of his L'ordship's
government, he 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. That 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 had 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 will of the Assemble'.
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 his present high
office, but ho (Lord Brougham) and his Noble Friend
(Lord Stanley) knew to the contrary. There having
been a. olamour 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 sei
doing another act of justice to the Noble Earl. Hi'
(Lord Brougham) was constantly hearing the presenit
Governor of Jamaica called one of the Grey family, hit
name being Grey; whereas he happened to be related tc
the Noble Earl in the same way as he was to him (Lord !,
Brougham)—namely, through the first parents 0“
the human race. He had listened with great'
pain to the Noble Earl's defence of the treatment'
experienced by Mr. Fairbanks. He considered the.: t
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 na
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 tht
case of Mr. Fairbanks, as he had done in the case; a
the Civil List Bill ? Upon another point he felt stilt
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 t
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 be
turned into a partisan and political trader. Ho 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 250,000 inhabitants ?
Why, that would be striking off between 7,000 and 8,000
magistrates in one morning .! Ho regretted that the
affairs of the colony were not in a satisfactory state,rand
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.

Earl GREY said that was precisely what he wished to
press upon their Lordships, and to call upon them nor,
to forma 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
distant relation. Certainly he was originally of the same
family, and not merely related to the Greys of Howicki
as the Noble and Learned Lord had said, through our
common first parents.
Lord STANLEY observed "that whether one hundred or
only sixty magistrates had been dismissed the case wus
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.
NAVIGATION BILL.—COMMITTEE.
(Continued from our Third Edition of last night.)

Mr. J. STEWART trusted that his Hon. Irmo
would not press this motion to a division, for it was
_
perfectly immaterial how the power was conferred. If
the words "if the Queen shall think fit" in the 31st in
any waylirnited the power orincreased it, samethoeft power
he clause
was clearly conferred by another
portiollrefore, trusted
where the tame words occurred.
that his Hon. Friend woull not
and clauses 20
The amendment was then withdrawn,
the proposition of
and 21 having been agreed to,
Majesty in Council to make
clause 22, which enables hert. press his motion.
foreign countries for thepur-
posecertain arrangements with
other states in our harbours and to our shipping the
of giving reciprocal advantagest'r toi the shipping
harbours of other countries, so far as port and light dues
were concerned,
Mr. .LABOUCHERE said, in reply to Mr. Wawn,
that this clause was m-cessary, for a considerable difli•
culty had been experienced in inducing other countries
to enter into reciprocal treaties. With regard to Spain,
for instance, there was every disposition to enter into
amicable arrangements so far as the practicable business
was concerned, but a great indisposition to a political
arrangement.
After a further remark from Mr. WAWN,
Mr. LABOUCHERE said that dock dues and light
dues were on a very different footing.
Mr. WA WN said the Hull Dock Company had re'
ceived very large sums of money as compensation for
dock dues, which they had surrendered under reciprocity
treaties, and he should therefore propose that the words
" dock dues " be added to the thirty•third line of the
dune.

' The ATTORNEY-GENERAL said if the Honour-
able Gentleman would read the clause a little further on,
he would find the words, " and other dues," which would
embrace the dues the Hon. Gentleman had mentioned.
Mr. `YAWN said in that case there ought to be no
objection to adopting his proposal.
Mr. HENLEY said, now that they proposed to deal
with private rights so extensively, and to compensate
dock companies for the loss of their dues out of the Con.
solidatcd Fund, some general Act ought to be introduced
on the subject.
Tho ATTORNEY-GENERAL said, the present Bill
followed the words of the 46th Goo, ap miGhorising the