The Sun.
London, England, 1858-07-09 00:00:00

I should state that I have also seen private letters re-

cently from San Francisco, giving an account of the
extending excitement prevailing there, and of the num-
ber of Americans, of all other foreigners, and of the
negroes preparing to start for Frazer's River. In one
letter it is stated that 2,000 persons have already left,
and 20,000 persons might leave before the end of the
summer, if the news continued favourable ; but perhaps
the news of the flooding of the waters may for a time re-
tard so copious an emigration. I think I have said
enough to convince the house of the necessity of provid-
ing at once for the government of a country threatened
by so many disturbing elements. (Hear.) Now, sir, the
Crown of itself could, if it thought proper, make a co-
lony of this district. But the law officers decided, in the
case of Vancouver's Island, that no Legislature can be
established by the Crown, except an elective assembly
and a nominative council, and considering the very im-
perfect elements for such a constitution at such a mo-
ment, considering the ordinary character of gold-diggers,
considering that our information as yet is really so
scanty that we are at a loss to constitute even a council
of the moat limited number, I think that most gentle.
men will agree that it would not be fair to the grand
principle of free institutions to risk at once the experi-
ment of self-government among settlers so wild and mis-
cellaneous, and in a form of soeisty so crude. (Cheers.)
This is not like colonies which have gone forth from these
islands, and of which something is known of the character
of the colonists. Neither is it like those colonies in which
the first thought of the emigrants is the acquisi-
tion of land and the first care of the governor those divi-
sions of land which are the preliminary of representation.
As yet the rush of the adventurers is not for land but
gold, not for a permanent settlement but for a specula-
tive excursion. And, therefore, here the immediate ob-
ject is to establish temporary law and order amid a mot-
ley inundation of immigrant diggers, of whose ante-
cedents we are wholly ignorant, and of whom perhaps
few, if any, have any intention to become resident colo-
nists and British subjects. But, where you cannot at
once establish self-government, all sound political
thinkers, all friends to that responsibility which is the
element of freedom, will perhaps agree that the next best
thing is to establish a Government which shall have as
few checks as possible on its responsible functions, which
shall possess unhampered what powers we can give it,
to secure the respect for recognised authority ; which
shall be clearly for a limited time, and with the avowed
and unmistakeable intention of yielding its sway at the
earliest possible period to those free institutions for
which it prepares the way, and which it wiil always
henceforth be the colonial policy of this country to effect.
(Cheers.) I think that all complicated attempts to con-
struct half-and-half forms of government for such new
societies are unsatisfactory. (Hear, hear.) They only
serve to weaken the executive and to form an excuse
for retarding the completion of popular systems. What,
therefore, we propose to do is, to empower the Crown
for the limited period of five years to make laws for the
district by Orders in Council, and to establish a Legis-
lature, such Legislature to be, in the first instance, the
Governor alone ; but with power to the Crown, by
itself or through the Governor, to establish a nomi-
native council and a representative assembly. If, there-
fore, before the five years expire, there are the elements
for a representative assembly, I cannot doubt that,
whoever then may be the advisers of the Crown, a re-
presentative assembly will chest fully be given. (Hear.)
Sir, there will be some, no doubt, who think the term
of five years too short,—who think that the materials for
popular self-government could not be matured at the end
of that term, and that there would be many inconve-
niences in coming again to Parliament to renew the
powers of the act. To these objections I have given the
most respectful care, and I would submit that the larger
proportion of the immigrants attracted by the gold-
fields will probably be Americans, accustomed to self-
government ; that, if you desire to keep them loyal and
contented, you should give them the prospect, at the
earliest possible period, of that form of government to
which they are accustomed ; and that if you desire a
strong government for the preservation of internal order,
no government we can make without the aid of armies,
is so strong as that where the whole society is enlisted
in securing respect to the laws which it has the privilege
to enact. and has no motive to rebel against the au-
thority is which it participates. Meer, near. Aim is,
which is not impossible, the goldfields should prove a
delusive speculation, and the principal settlers should be
the steadier class of emigrants—perhaps our own coun-
trymen, who will rather cultivate the other resources of
the land in its coalmines, timber, fisheries, and other
agricultural produce—you may have at the end of five
years a quiet and orderly population, well fitted for
self-government. Therefore I think we had better fix
the shortest term for the experiment, of a provisional
Legislature. (Hear, hear.) With regard to VancCuver's
Island, which has already a free constitution, we do not
propose to annex that island to the new colony. In
tact, if the goldfields should prove to be really productive,
a very large population will rapidly spread over the neigh-
hourhood of the d angs, which it will be impossible to
govern from the distance of several hundred miles at Van,
ceuver ; while, if we extend our view to the natural des-
tinies of Vancouver as the great naval station to our only
possession on the Pacific side of the whole of America
—a station from which WO should carry on a trade with
India, China, the Indian Archipelago, Australia—a trade
now earrlel r,n exc'n-i,,ly by the Americans from Cali•
fornia—l think we must allow Lua4 LA.!, ,;;JVernrn:::.t of
the island would have enough to occupy its care and
attention in developing the true interests and resources
of that single colony. (Hear.) At the same time we
propose to leave the question of annexation open to
further experience, and the Act will empower the Crown
to annex Vancouver to New Caledonia if the Legislature
of the island intimate that desire by address to the
Crown, under such terms and conditions as may be
approved. Meanwhile, as the most pressing and imme-
diate care in this new colony will be to preserve peace
between the natives and the foreigners at the gold dig-
gings, so there is nothing in the Act which impairs the
prerogative of the Crown to permit the Governor of Van
couver to administer also New Caledonia, should that be
absolutely necessary, in the first instance; j net as the
Governor of the Cape, which has a free constitution, is
also Governor of the Crown colony of British Ceffraria,
holding separate commissions for each. Our object, in
snort, has been, under our very imperfect information,
and the uncertainty, as yet, of the value of the gold-
fields, to insure some immediate Government, and to
leave to the Crown all discretional power, according to
the advice it may receive and suited to the variation of
circumstances. (Hear, hear.) I should add that it has
been deemed necessary by the law advisers of the Crown
to abolish in the proposed Act—as was done in the Act
for Vancouver's Island by the advice of the Committee
of Privy Council, in IS4B—the jurisdiction which the
courts of Canatia claim over civil and criminal cases is
this region. The Crown has power to appoint magis-
trates and constitute courts having a concurrent
jurisdiction with Canadian courts up to a certain
amount. The Canadian jurisdiction is a dead letter.
and
.though it has subsisted nominal), for near'y 40
years it has never been put into execution, certainly not
in the North-west territories. It is clear, however, that
the concurrent jurisdiction would beattended with many
practical inconveniences, Which, in creating a colony, it
will be nee eisary to remove, .as we did remove them
for Vancouver's Island. I have no w, sir, stated the sub-
stance of the bill I ask leave to introduce. I have shown
I trust the necessity of an immediate measure to secure
this promising and noble territory from becoming the
scene of turbulent disorder, and to place over the fierce
passions which spring from the hunger of gold the re-
straints of established law. It the machinery we propose
is simple, it is because the society it suits is rude. But
happily, in that new world, the true sense of the com-
mon interest is rapidly conceived, and the capacities of
self-government no less rapidly developed. And pro-
bably even before the end of five years, to which I pro-
pace to limit the operation of this act, time materials for
a popular representation may be found and the future
destinies of this new-born settlement boldly intrusted to
the vigorous movement of liberal institutions. It may
be necessary to observe that, both as regards Vas-
couver's 'steed and this more extensive territory of New
Caledonia, it is not intended over these colonised dis-
tricts to renew to the Hudson's Bay Company the
licence of exclusive trade, which expires next year. The
servants of the company will then have in those two
colonies no privileges whatever apart from the rest of
her Majesty's subjects there, and therefore I was glad to
hear the Lon. and learned gentleman the member for
Sheffield express his opinion that the present occasion
was not a fitting opportunity for raising the question of
which he had given notice, for it is desirable to keep
any discussion upon this bill free from the snore angry
elerneute wine, may be involved in the general question
as to tire powers of the Hudson's Bay Company, by
virtue of its ohm ter, on the different district of Rupert's
Land, on the eastern side of the Rocky Mouritains—
(hear)—ques.lAls which the Lou. member for Sheffield
will have a distinct opportunity to introduce. Sir, I have
wished to keep my statement of the present value and
ultimate importance of this new colouy clear from all the
exaggerations which belong to the philesophy of conjec-
ture. I have carefuny abstained from over-colouring our
imperfect knowledge as to the per nanent richness of the
gold discoveries. Nothing could be more cruel to immi•
grants and more dangerous to the peace of the settlement
than to give undue favour to any extravagant expects.
tions as to the produce of these goldfields. It is a terrible
picture, that of thousands rushing to what is already
called the New El Dorado, influenced by avarice and
hope, and-finding not wealth, but disappointment and