The Sun.
London, England, 1838-07-31 00:00:00

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LONDON :
TUESDAY EVENING, JULY 31, 1838.

The recent ordinances issued by Lord DURHAM in Ca-
nada, were the subject of rather a smart discussion in the
House of Lords last night, and are, of course, somewhat
vehemently denounced by the Tory journals this morning.
We are, however, rather surprised to find the Herald ob-
jecting to them, that Lord DURHAM'S conduct is illegal,
for that journal loads its columns almost every day with
severe and just zondemnations of the law. It was not
only the foremost in demanding, in the case of the man
RICKEY, as it has demanded in many other similar cases,
that the law should not be carried into execution, but
it succeeded in its demands. RICKEY is not to be
executed, according to his sentence and according to law.
Why does the Herald so act ? Because the Herald knows,
and the He/ ald has taught the public, that the law, which
it coademns Lord DURHAM for violating, may be and is
barbarete, cruel, and sanguinary. Its own daily lan-
guage and its own daily acts should teach it that it is pos-
sible well to serve the cause of humanity and the cause of
justice by acting illegally, or by setting aside the law.
Let us quote another case to illustrate this point. The
Tithe-law yet exists in all the force awl all the majesty of
statutory enaztmews in Ireland. Courts to enforce it with
all the paraphernalia of Sheriffs, writs, and process-ser-
vers are there ; but all parties aeree that it would be im-
politic to attempt, and quite impossible to carry the law into
execution. Humanity and justice recoil with horror from
the repetition of Rathcormac slaughters, which would be
the unavoidable consequence of attempting to enforce the
Tithe-law in Ireland. It does not, therefore, necessarily
follow that Lord DURHAM is to be condemned, because
he has set aside the law. If, indeed, the law were at all
times the written guarantee to the people that their rulers
should act wisely, justly, and humanely, it would be at
once a condemnation for them, that they had acted Lie-
gaily. If, however, the law be a contrivance, as in many
ca-es it is, by which rulers may more securely govern,
and oppress the people, it may he rather an
ht flour than a reproach to affirm of any ruler, that
he his set aside the lw r. Lord DURHAM'S conduct,
therefore, must be tried by a higher criterion than the
mere test of its legality ; and if it be found consistent with
humanity, we will not say that it is unwise, because it is
not according to law.
What then are the circumstances of Canada ?
WhY• up to a recent period the law has been enforced.
Under its name, and by its meane, the two parties
there carried on their contests, and mutually insulted, in-
Urea, ant outraged each other, till the law was altogether
set aside by rebellion, and was found to be wholly inadequate
to preserve the peace of society. Is Lord DuettAm, in
spite of experience, only to use that instrument which, pre-
cisely, in the case of Canada as in Ireland, has been found
totally inefficient or even mischievous ? How is he to carry
the law there into execution? Is he to have juries or
Prevotal Courts to try those whose offences were defined