The Sun.
London, England, 1828-05-03 00:00:00

into two different classes of reasoning, in order to prove the
necessity of that. Committee of Inquiry for which he moved.
In the first he declared, that the excesses and complaints
of the Colonists arose from the defect of their constitution,
and next from certain contentions into which they bad
f alert with Lord Dalhousie. In any thing I may say upon
this occasion, I beg it here to be understood, that I do
not coot any imputation upon the character of that
oallant and distinguished officcr--I speak merely of the
acts of his government ; and I wish solely to be
understood as saying, that my opinion of the acts of
that Government are different from those which I
conscientiously believe to have been his. I really, how-
ever, must say, that I thought the Right Hon. Gentle-
man, in one part of his address, had indulged himself in
come pleasantrieswhich seemed but ill suited te the sub-
:lea upon which he claimed our attention—l allude to the
three essential grievances which he seemed to imagine led
to many, if not all of the discontents and complaints of
the Colonists. There was the perplexed system of the laws
upon the subject of real property, which created such a
vexatious delay, and such enormous costs to the suitor,
that Oeey amounted very nearly to a denial of justice. This,
the Right Hon. Gentleman said, arose from the law called
the Custom of Pat is. The next cause of discontent the
Right lion. Gentleman described as arising from the very
inadequate representation of the people in Parliament.
That he recommended to the immediate attention of the
Committee, for the purpose of revision. And lastly, that
the Members of the Legislature were so absurdly ignorant
a the first and plainest principles of political economy, as
to have attempted to exclude all the industry and capital
ref other countries from flowing in to enrich and fertilize
their shores.—(Laughter, and cries of hear, hear.)—These
were the three grounds upon which the Right Hon. Gen-
tleman had formally impeached the people of Canada, be-
tore the Knights, Citizens, and Burgesses of Great Bri-
tain and Ireland in Parliament assembled.—(A laugh.)—
Did the Right Hon. Gentleman never hear of any other
eystem of law in any other country than Canada, in which
jeunble of obsolete usages was mixed up and con-
;sanded with modern subtleties, until the mind of the most
ute men of the age, or of the nation—men who had
passed, in a service of forty years, through every stage of
its gradations, front the lowest to the highest—were com-
pelled to declare that they felt totally unable to find their
way through its labyrinths, and were compelled by their
doubts of what was law and what was not, to add, in a
most ruinous degree, to the expences of the suitor? This
seettem has been called the Common Law—the wisdom of
our ancestors, and various other venerable names.—(Hear,
hear, and laughter.)—Did the Right lion. Gentleman
never hear of a system of Representation in any other coun-
try totally irreconcilable either with the state of thopopii-
lation or with any other rule or principle under Heaven.—
(Hear, hear, hear.)—Have I not heard over and over again
front the lips of the Right Hon. Gentleman, and from one
whom, alas ! I shall hear no more, that this inadequate
system of representation possessed extraordinary advan-
tages over those more systematic contrivances which re-
sulted from the better regulated systems of the Constitu-
tion-makers of other countries.—(Hear, hear.)—And yet
it is for this very irregularity in their representation, that
the Canadians are now brought before the judgment seat of
the Right lion. Gentleman's Committee. I felt still
greater wonder, however, when I heard the Right Hon.
Gentleman mention his third objection to the proceed-
ings of the Colonists, and his third cause of their discon-
tent—their ignorance of political economy. Too surely
thelaws for the exclusion of the capital and industry of
other countries did display the grossest ignorance of that
science. I should not much wonder if I heard of the Ca-
nadians devising plans to prevent the entrance of a single
grain of foreign corn into the provinces.—(Hear.)
•I
eliould not wonder to hear the Members of their Legisla-
ture, and their great Landowners, contending that it was
absoluteqy necessary the people should be able to raise all
their own Food ; and consequently, although perhaps they
do not see the togotequence, to make every other nation in
the world completely independent of their products or their
industry. It was barely passible that some such nonsense
as this might be uttered in /be Legislative Assembly of the
Canadians.—(Hear, hear.) /The Right Hon. Gentleman
has alluded to the Seigniors and Nit' %mantle, Some of
these
" Most potent, grave, and reverend Seigniors,
My very noble and approved good masters,"
might happen to be jealous of their manorial rights, for'
!seigruaraltiee mean manors ; and a Seignior is only there-
fore a Lord of the Manor.—( Hear, hear.) Now harmless
this lofty word seems to be when translated. Some of
these Seigniors might happen, as 1 have said, to be jea-
lous of their manorial privileges, and anxious for the pre-
mervation of their game. lam a very bad sportsman my-
self, and not well acquainted with the different objects of
anxiety to such persons ; but there may, too, be persons in
the colonies who may take upon them to institute a ri-
gorous inquiry into the state of their game, and into
the best methods of preserving red game and black
game, and pheasants and partridge ; and who might
be disposed to make it a question, whether any evils
arose from the preservation of these things for their
sport, or whether the safety and the liberty, and the
life of their fellow-subjects, ought not to be sacrificed
for their personal gratification.--(Hear, hear, hear.)—
In referring to the observations upon the subject of the
Custom of Paris, I would beg the House to consider that
no ch ange was made in it from 1760 to 17844; and
although I admit with the Right Hon. Gentleman, that it
may be bad as a sytem of conveyance, and as rendering
the system of laws expensive, from the difficulties produced
by mortgages, yet still I must contend that the Canadians
cannot be very ill off tender a Code of Laws which grew up
under the auspices of the Parliament of Paris—a hotly corn-
prising the greatest learning and talent ever brought to
the study of the law, and boasting of the names of L'Ho-
pital and Monteeq- uieu. Neither could, it he said, that
the Assembly of Canada was so indifferent to its system
of Representation ; for it ought to be recolleeted, that
they passed a Bill to amend it, although it way disown
oat of the Council ; that is, in fact, out of the Go-
vernment. A Bill for establishing the independence
of the Judges was another of those remedial measures
thrown out by the Upper House. As at present informed,
however, without going further into those questions, he saw
enough stated in the petition then lying upon the table of
the House, to fully justify the appointment of a Committee
of inquiry. In every country the wishes of the greater
number of the inhabitants, and a possession of the great
mass of the property, ought to have great influence with
/fie Government ; they ought to possess the power of the
Government ; and if this be the case as a general rule, it
ought, a multi yortiori, to be followed in the government
of Colonies by a distant country, to which the information
that is to guide the Government is sent by s few, and is
never correct nor complete. It is only by following the
opinion of the better informed part of such a community,
that it can be governed with any advantage. A Govern-
ment on the spot is exposed to delusion, but it has some
]teats to obtain correct information ; but for a Govern-
inert at a distance, the only safe course to peestee, is to
follow pnblic opinion. In making the practical application
of this principle, if I find the Government of any country
cootinually
engaged irt squabbles with the great massof the
people—M. I find it magnet: in vexatious controversies, and
fostering
ill-timed disputes, ant; especially if that Govern-
ment be the Governtnent of a Coioly—l say, there is a
reasonable presumption against the overnment. Ido
not charge it with injustice, but 1 charge it with impru-
dence, and I say that it is unfit to hold the authority
entrusted to it.— leave
hear.)—The ten years of squab-
bles and hostility which have existed are a &efficient
charge against the Government. I require otltee,
The Right lion. Gentleman, indeed, has no flaino r' full
formation before the House, and I cannot say that I think
his case is perfect ; hut with such information letit uiss look
at its acts, and without entering into my
opinion, as at present informed, that the House of As-
sembly in Canada was justified in its proceedings. Un-
doubtedly it has a right to appropriate the supplies it
grants. This is implied in the very nature of the grants.
It is the right of every Representative Assembly ; and
To the exercise of this right the House of Commons is
indebted for ice greatest acquisitions. It this right be
not possessed by
_the House of Assembly, it is a mere
delusion to talk of s'es controul over the public expen-
diture. The Right Vlooninetble Gentleman admits that
the Assembly has this eight ; but the Governor of
Canada has infringed on it. lie appropriated 140,0001.
without the authority of the Assembly. As to the
the House of Assembly did not claim
Revenue of 1'777,
a eight to appropriate it; they only claimed a right
ofw„.ervancv—a right to examine the items of the appro-
priatipn, in order to ascertain if the Government receded
any fresb supplies. Before the Assembly ran
sgrant
asang
4iailwbese n ap-
new supplies, it has a right to knowß,evanendutle
sought to know', how the permanent
plied. It was prectically, indeed, but indirectlh
y, ea ap..
propriation; but it arises from the principle of cognizance
inherent in the right to controul the expenditure of the
public money. The petitioners from Cenada state it as
one of their not imaginary grievances, that they have lost
100,0001. of the public money by the neglect of the Re-
ceiver-General. This is not one of those grievances which
arise from the Assembly claiming political rights. The
Right Hon. Gentleman will not push to an extreme the
rights of the Government ;he will raer, wit that e libe-
rality which distinguishes him, give ithnstructih within to th
Governors of all the British Colonies to be wise, and not
4.9 wrangle with the Legislative Aesembliee. If the die-

puts were to be continued, where would it end? _One.
dispute arises from thee-Governor claiming—in imitation of
the power possessed by the King of Great Britain to con-
firm the Speaker of the House of Commons—a right to
confirm the Speaker to the House of Assembly.—This is a
very ancient right, venerable from its antiquity, and from
being an established pet of an excellent Constitution ; but
it is most absurd in a Governor of a colony ; and it is a
sufficient charge against him, that on such a claim he en-
gaged in a battle with the representatives of the people—
(Hear)---and it is most unfortunate for the Governor, that
the only time when this right was brought into
question its England was one of the worst periods,
and under one of the worst Kipp; of our history.—
Bitt I will not now investigate the question, for no
discussion in any case can, as I feel, he put in competi-
tion with the feelings of the whole people.--(Hear.)
There is nothing so unfortunate as an infatuated mistrust
of the people in a Government ; and there is nothing
which is a stronger indication of its precariousness, and
which will so surely lead to its f. 111.—( Hear.) It is a
fatal opinion in the rulers of a country to despise the
people; and it 3 safety, honour, and strength are at all
times best preserved by consulting their wishes and feel-
ings. The Government of Quebec, despising these con-
siderations, has been long engaged in a scuffle with the
people, and it has thought hard words and hard blows not
inconsistent with its dignity. I will not go through this
political controversy. I will only observe, that 21 Bills
were placed by the Lower House of Assembly in 1827
most of them reformatory ; some bad regard to internal re-
gulations—some improving the laws—and some touching
the principles of the Constitution. Of those 21 Bills, not
one was approved by the Upper House. Is the Governor
responsible for this? I answer, he is. The Council is
nothing better than the tool of the Government. It is not
a just constitutional check between the popular Assembly
and the Governor; hut it is the Governor's Council. The
Counsellors are all creatures of the Governor ; and they
sat in council not to examine the Bills that were sent to
deem, but to concur in the acts of the Governor. Of
these Counsellors, consisting of twenty-seven gentlemen,
seventeen hold places tinder the Government at plea-
sure. These seventeen divide amongst themselves 15,0001.
of the public money, which is not a small sum in a coun-
try where one thousand pounds a year is a large
income of a country gentleman. I omit the Bishop, who
is, perhaps, rather inclined to authority, but of a pacific
character. The nine remaining Counsellors were worn
out hy opposing the seventeen, and at present have with-
drawn from attending its deliberations; and two of them,
being the most considerable landowners of the province,
were among the eubscribere to the petition. Under these
circumstances I appeal to the House if the Canadians are
not justified in considering the very existence of this Coun-
cil as a Constitutional grievance? (Hear, hear.) It has
been said by the Hon. Member, that there no aristocracy
formed in the province, though, according to Mr. Peel's
Bill, one was to have been formed. It is aot possible
that this part of his plan could ever be carried into execu-
tion :an aristocracy, Sir, cannot be created--it is the
creature of time and opinion, and is not formed by law.—
There is no aristocracy formed ; but men of superior qua-
lifications get an influence over the people, and they form
a species of aristocracy iliffering from an aristocracy by
birth and descent, but supplying the materials out which
a Constitutional Senate may he constructed. Such an
aristocracy there is in Canada ; but they are excluded from
the Council by the Governor, and those not connected
with the Government are not elected Members of the
Council. This was a serious grievance, and the very ex-
istence of such a Council to the Crown its such a country
was one of the prime grievance; of the people. There are
then two specific classes of grievances complained of by
the Canadians—the first is, the continued hostility to all
the projected measures of the Assembly by the Governor ;
and the second is, the use he makes of a Council to
oppose- them. This is the ground on which inquiry
and change are demanded, but these are things
which his Majesty's Government might have remedied.
On reviewing the whole question, and the remedy for all
the evils, the only practical remedy which I see is to intro-
duce more discretion into the Councils of the Administra-
don of the Province. I should listen with respect to any
distinct and specific circumstances requiring an alteration ;
but I have heard nothing from the Right Hon. Gentleman
this evening which a better temper might not have averted.
If such circumstances were stated, I should ask what share
ter them falls to the Constitution, and what to the person
of the Governor and to the Administration? Three are
grave questions, Sir, and the Right lion. Gentleman
wonld do well to examine them more closely, and give a
clear answer to them, before he puts the Constitution of
two Provinces on its trial. I should like to hear first, an
account of the specific evils ; secondly, what share of
them is due to personal failures, and what to faults in the
Constitution. The Right Hon. Gentleman had addressed
himself to the feelings of the House, not with a view to
eerite our sympathy for the petitioners, but to interest its
in behalf of the English inhabitants of Canada; and he has
made, in several parts of his speech, allusions to the
English settlers in that country, as if they were oppressed
by the natives. But I :sale what law has been passed by
the Assembly of Lower Canada that is unjust towards
English settlers? What law applied distinctly to them?
As a remedy, was it proposed or intended to change the
repreeentation ? The English inhabitants of Lower Canada,
who must be the foundation of such a change, amount to
80,000 ; and what ineeence or what power can they have
against upwards of 400,000 natives or Canadians, who are
poeuseed of all the land and property of the country?
The English settlers, with some few exceptions, are col-
lected in towns; and they consist, in a great measure, of
merchants, or the events of merchants. They are very '
respectable persons, I have tee doubt ; but would it not be
the height of injustice to give them that influence which
the Canadians, from their number and Forty, might to
possess? file, when I hear of an inquiry on account of
measures necessary to protect the English settlers, li am
sorry—l greatly larstet that any such language should be
used ; and I should regard it as a very bad symptom of
the House were disposed to treat as a favoured race, as a
ruling cede, any body of men, and look on them as placed
in one of our' Colonies to watch over the rest of rise inha-
bitants. Shall we have an English Colony in Canada
separate front the rest of the inhabitants? Shall the Eng-
lish be a favoured body ? Miele they have different privi..
leges? Shall they have a sympathy with English interests
and Proteeeent ascendancy?—(Hear, hear.)—lend shall we
deal out to then: Kim, years of misery, as we had dealt out
to Ireland. from haying in that country an English Co-
lony with English sympatislee and English interests? Let
as not, in God's name, introduce such curses into another
region. Let the policy of the counts-et he, to give to all
classes equitable law an 4 equal justice; wee let it not
be supposed that ,the native Canadians are subjects less
dear in the estimation of the House, less entitled to
be considered subjects of the King, or less entitled to
the protection of the law, than ;he English inhabitants.
The House should carefully avoid any allneion to the dif-
ference between two bodies of men. If 'equal lleyeenment
gives to those who possess the most property, and who are
the majority in a country, .'he greatest share of political
power, what right have the miecrity to complain? This
is not -whet Mr. Pitt's plan sketched out : and if civil li-
berty and political power be not attached to numbers and
wealth, the people gen only hold them by the preceerjous
tenure of the pleasure of their rulers. I consider the least
hint about different races—he least notion of the two
classes being different people—as ,extrereely dangerous.—
As to Upper Canada, the plans and etaterneete of the Right
Hon. Gentleman appear to me very scanty of iefterinedose,
and do not point oat, as is usual in proposing such a Com,
seelttee, what is to be the termination of the change pro-
posed. Accarding to common sears?, e.bey should see the way
to the termination of their labours before they engaged in
them ; but neither the claims of the Right Honou:sible. Gen-
tleman to have a Commeteee, had been justified, nor lied
his plans been clearly developed. I should have wished
him to have beer, more explicit. The eight Hon. Gen-
' tleman bed throws out two or three plans; b.rt he has
found objections to thene all, To the plan for the udisee
of the two provinces, there ere ecs aitny and such 'sewer-
fill objections, that I think the measure will not speedily
tome to a conclusion. The proposed meneere of 1822
bad Keeited alarm, and made all the Colonies of Great
lain look with anxiety
and mistrust to the Councils of the
Mother Country• The union proposed in 1822 was in-
tended to weaken the bietereees of th
by an issfeteen from Upper Canada;
ellouse of Assembly
LinoLiotwseeerm9
Gentklgto felt that this
impracticable, was not ractica' s
Bill, and
plan, if not.P
Canada,that he Right HOn.
e be As-
as much 'ride pendent as the As-
eembly of Upper Canadal a P
these discussions were
senibly of Lowes Canada. I have
heard of some of their
measures—an Alien 13iii,
Catholic Bill, a Jury
managed. with as much spirit as thort ef en Assembly
Bill for Regulating the frees;
which I will us spy is better, but which has the geerl for-
tune to be their superiors. The Right Hon. Gent. has also
eeeken of separating the Eng:ieb settlers ; but he is as little
ep has a great many
eatisfied with this plan as the other',
objections. I pot know the merits of the* P:‘2.,?sures—
I do not see nsy way to tees end
,of the dispute--aed ainl?:
tile wisest measures would he these that are least boastful
—to seas out a temperate Governor, with full instructions
to be candid, and supply him with an adrainieerativeCoun-
ell, that slicsuld know and consult the opinion of the better
classes of the people, which should introduce such reforms
as would be necessary to pet an end to the disputes, and
[dove 3 better spirit into the Administration than it h:!,,7