The Sun.
London, England, 1844-05-31 00:00:00

- Pala would be discountenanced, and if they ever took
alley would very soon- cease,' whereas, in those
cases, which were of very frequent oonrencj, in which
judges, from the fallibility of human judgment, fell into
error
or miss upon points of law, and in which juries, upon false
fact pprehended evidence, fell into error on points of
, this Bill would provide
.n remedy. Another copse-
..,lfquence would be that they would no longer have that'
tousa made a tribunal of appeal in criminal cases. No
entlernan who'had long been a Member of that Honse,
..could have failed to recollect a number of discussions
jwhich had taken place upon complaints made against
udges, or upon objections made in mutters of law on cri-
• labial trials. The :appeals which were made to that
. house in the case of Frost, after- he had been convicted,
• must be fresh in the recollection of the House. Persons
Lodwho thought themselves aggrieved by the ruling of
ges or the verdictofjuries, in criminal cases, appealed
i that ae,se; and if they could obtain no redress
n that House, they appealed to the public newspapers,
and there canvassed the decision of the judge or the This was: because the law gave them no power
appeal. He might state the whole of 'his measure in
a very few words. Its effect would be to place persons
tried and convicted in criminal cases in exactly the same
• situation with regard' to the power of appeal to the
courts of law and the judges of the land as that which
was occupied by persons concerned in civil cases. He
h,had now stated the measure which he had to propoee
e had endeevoured to meet the objections which might
be urged against, it ;1 he had pointed out the advantages
„ bwhich be conceived would follow from its adoption. He
elieved, that it.would be productive of no evil conse-
quences whatsoever. It broke in upon' no legal
er constitutional principle ; it invaded the rights of no
one member of the community ; it involved not the ex-
Penditure of one shilling of public money e and he be-
jplte, aria righteous
it would tend to the advancement of the pure,
a righteous administration of the law in this
country, He would now move for leave to bring in a
to provide for appeal in criminal cases.
. Itie GODSON seconded the motion. This power was,
fact, already possessed by those who could pay for it
.111 ells" of initidemeanour. A criminal matter was con-
Ireeted into a civil one by weft of certiorari. Surely, in
Ptlfopertion to the weight of the punishment should be
role' care in providing against injustice. He would, on
stp .fie future occasion, be able to adduce other arguments
nfavour of the measure ; but he thought this was un-
srerable namely, that the. power was already pos-
sessed in criminal cases of another description. •
Sir J. GRAHAM said that if a gentleman of lesser
'l4inenee than the lion. and Learned Member who had
Sh!ntrodticed this motion had made the proposition which
ad brought under their notice, and if tbat proposi-
n had been made in a speech infinitely less able than
the
h nue which they-had had the pleasure of listening to,
resinwould not have thought it consistent with his duty to
sill
the preliminary motion for the introduction of a
11 'on this subject. The' Honourble nd Leared
„entleman, with his long experience,a a had said that,n in
Lis opinion, the cause oljustice and truth, and even of
Leer" . . . .
jist e, required appeal in criminal cases. Now he had
ened With great attention to the speech which had
he-earl made by the Hon. -acid Learned Gentleman, and
been struck with one' reflection, that raised a
gi,‘Wt in his mind with respect to the policy of this roes.-
' arise. The Hon. and Learned Gentleman observed, with
;•estt ruth, that the administration of justice in this
,?e lintry had raised its' character among the nations of
:T worldremarked also, at the sam tie,
that the utmost attention had been bestowed ine effomrts
dl)improve the, administration of justice generally, and
ecia4 of criminal justice. The Hon. and Learned' entlenian bad remarked, with truth, that this anomaly
tif(v he admitted it to be an anomaly—of the ahsence
enaaPPeal in criminal cases had existed for centuries,
rethat, up to the present time, no law reformer had
r propbsed that there should be hay of appeal
,r‘,l eritainal cases. Now he did not that that fact
as decisive against 'the Hon. and Learned Gentleman's
vee
eap °sal, but it should certainly. inspire him with caution,
tihie
Pk eeernt him from arriving at once at the conclusion
the
de he had so positively pronounced. Now, lie thought
uefence of the proposition made by the Hon. and
Learned Gentleman mainly rested on an analogy which
.;.e stated was established •between civil and criminal
dt:risdiction with reference to appeals, He must say that
p„,ran unlearned mind that analogy did not appear
te;'eat• He thought he could see a great difference he-.
een civil and criminal cases. Not waving for one in-
%lathe question of justice, but coincident with the
ner-,-"on of justice. he thought-the prominent considera-
te -tewas, what course in this matter was most conducive
p -"e Public good. In civil cases it was a matter of COM-
6i4dratiVk indifference to the public whether or not
,con-
. getable delay should intervene before the settlement of
cas7t' That could not be said, however, of criminal
He conceived that it was then of the last im-
14Asniee to the public that punishment should follow
eelbs-'l," upon crime. The object of punishment was
eir'„ P
ete ; public example 'was the real and
me'legitimate object of punishment, and .punish-
if z as related to the public, lost its efficacy
clei.n" ”ese long delayed after the perpetration of the
was e` Now the Hon. and Learned Gentleman said he
min setisfied that frequent errors were committed in cri-
tie al eases. Tribunals were fallible, and he feared that
e,,itias errors had been committed ; 'but the conclusion to
lien he had come was the opposite of that at which the
Alti; and Learned Gentleman stated he had arrived.
ter, °llgh justice in criminal cases did occasionally raise
terl Y, he believed that crime rarely escaped, anel inno-
el) ee rarely suffered. It must not be forgotten that the
q!etl sought to be established by the Hon. and Learned
eiltlenisin was in the nature of a double appeal. Hecould
le understand the arguments in favour- of appeal
byMatters of law, because the decision was pronounced
teelt:ingle judge ; but the verdict of a jury on a mat-
ta-eft het was easily and naturally distinguishable from
the Lat of a single judge upon a matter of law. Upon
lkelatter of fact there was the concurrence of twelve
learn,ilial men, sworn to do justice, and aided by the
itp,oog and experience of the judge. Many arguments'
of eu,red to him applicable to an appeal from the dictum
ke4hs'llgle judge on 'a point of law, which would alto-
tekt-el fail when applied to the jury. Now, some of the
4131:"IeS applied by the Hon. and' Learned Gentleman
tele-,ftred to him altogether inconsistent with the argu- •
twhi h he haelbused. If he understood the Ho-
°ureia
Ile L"'e and Learned Gentleman rightly, ho was
lig to depend still on the discretion of the judge.
',,ss that so important a subject was discussed
thin aHonse, and he took shame to himself that
eaulas ot now prepared to go into a discussion of the
the qUestion. But there was a very important part
hadkkileBlibjeCt to which the Hon. and Learned Gentle-
ieib4 not adverted—the constitution of the appellate
Iseeenal• He thought that where truth and justice
lees-tielniicerned, expense was not to be considered. How
111114 e appellate tribunal to be formed ? The present
(sr ,3udges was not sufficient, and it was not, in
the r 'allies Graham's) opinion, expedient to increase
ilt,iv-Ilraber beyond fifteen. Ile thought that the Ease
diving had gone as far as it could go in
aed Vs assent to the bringing in of the Bill. The Hon.
eta,are,:arlied Member had referred to the case of a
which corninitted in Surrey nine years ago, respecting
that
tt soldier in India had deClared himself to he the
qqat Person.
di era
was, however, to be borne in mind
tea,, era abroad had sometimes strong inducements
14t Wien traordinary steps to be brought home, and..
11 exad frequently charged themselves as guilty ot
ITrete',,noli they lad never committed for the sake
g tiotne. He would not oppose the motion for
!Sore inßir'g lie Me Bill; but. he must say that it required
sterecTisicleration than he had yet been able to give it,
41eportuie. could pledge her Majesty's Government to
t 4iter
tibtil g anew words from Mr. KELLY, leave was given
the Bill.
a lir, , STATE OF GAOLS.
f,'"eu '
tienikelikNNON postponed till Tuesday next his
Gaols,Lr a Select Committee to inquire into the state

•
BERT'S ACT. the fol-
-1 On fts_l'es°R'LAWS—Giks GRAHAM, -
Amvi„ ‘•ic motion of Sir JAN:
tf)
,;g Rentlemen were ' appointed a Select CoraTi
are
those parishes whichltnac;fllfire into the state of. .
cald Gilbert's Ac ttee
Dun-
kr. t the operation of whati is
Ulric
Thomas
S.
thcote,
,cott4L,araby, Captain Peche l,
Sir-Wn.'' Heat
Bar-
-4lr. if Su. It. heron, Mr; Colvile,
Wrightson, Viscoun.
rit,„ eekett Denison,, Mr. Strutt, Viscount
AO"), fir m
en 3 guttOn, r.
41'414 ' a"n wokley, and
thei, t", Mr. Labouehere, Mr.
.4.
Mr. Pro-
eut •
hoped
Gila
PECITELL observed_
tht ,"'S was were comparatively happy,.
that the people nnder
tlt(, was not the' object,
the control of t
l',,,,,.„7"ltaittee to bring them all under
and would not be the result, ,
hot
, kiir
,n,,9otritnissioners.
for
it was impassible
n.
eitti .g
GRAtiAm said
lt,‘ to
Com-
the report of the
--tit saysh the course to be taken by the Gover
Illitteemould be until theyreceived
vv VALTER ,/I,MES gave
the
il* 1 .
notice that he would
844. 4w, for the session, his motion ou
,h.,t „ present ,
vl. rillOr.laVVS.
14). 1,. nISCIIARGED .PRISONERS.. •
I"Nati •' S obtained ea"
re option of desta-
r - -,-tAlvt , . 1 to bring in
...a Bill for the
tote 4" Of COUtity asylums for the r
Perons releued from, prison. .
, 0
thou, SUPPLY—CANAD
"P " reading of the order of
krl';'Port of the Committee of Supply,.
it the attention
`,4 4: /,`()LatiCli. id that he had to ca
till! clay for bringing
of Members
niS f; ;'"use to a v sa)
i so
subject, andit was, not
threat'P4se-at That theree:'asmso small a number
of
lie wished to warn the Noble Lord opposite
}l4nsecitienees; noel
the
policy which the Government
important of our
4114.14ued in reference to the most
115e"-lettti Posse,sions• In order to overcome
Canada, a
been
81115DUSed‘ be. the French interest in
rovinces.
11 litleaas passelr the union of
.the ? d been used
what had
%,ii11,t.,, that law the French Canadians had tlitabi" atinost r,• • rigour that was alike discre-
l'he 'l•,. t? the Govi'4°nlirni—enat and those who represcntesd_liitt.
I,las A-,..,'`''t uPon which the Noble Lord opposite hadotePnt.
kbe, iT',eriean democracy, which was now most P
t.iad• -11'Y chance now vvas to deal with the Frenecnh
v,Caas-
th tIVB kindly. tie would show that the Governm 0
_t
tffeeteefbitnds of those who were not awareha m ifsett)lllle-
-4i ytti „What Wa3 about to be done; they d the task
,"thc,„ , ..lir position did not understan
t ' Had to 7 and
had determined
noite it, Perform. After the House
pr(iktt, ..,e two
i ht un-
provinces it was necessary to carry that
41.4, Into toe Province In order that the House fitt„?.ntl the sub he was about to brmgmungder its
ebt,t`,!L'a, l.e subjectenter a little into the history
to that
the
c 'Y tit that tin e
that
elaltry i i • Lord Durham went out
('oat4ii . a eonseqmnee of the report of a Committee
colonies
for thell,ng what had been demanded by both
with
whose nist twenty years. Then came Lord
sued acts he could no aerree. The cours Sydenhani:
q the that Noble Lords. sawed that the whole.l,,
toid
,„ ollion of the two Canadas was based on 1- a
4, c4s ealeulltted and had led to
their e illiatlititis, especiall • the French Canadians. I
the hi,,,,eeetioaa he pollingPle.ces were, by orders from
great injusticeian
Other" st authority, placed at such distanoes from each
bhort, tisl te'
rendtr it impossible for many to Poll ;the
0 Course that bad been pursued justified

hostility, of the French population to the union. But
not-content with fraud, Lord -Sydenham imported
,into
the elections violence and corruption. "That 'violence,
corruption, and fraud, could be clearly shown by the
agents of the Noble Lord, and especially one man, whom
he had brought over from Ireland. Lord Sydenham-was
now no longer Goveenor of. Canada, he was dead—she
died at the very moment that would save his reputation,
because the proceedings of which he had been
guilty would have been made clear and brought
to light.—(Hear.) Sir Charles Bagot was then
appointed Governor, and then came a change in the Ad-
ministration of the affairs of the' country which he would
call to the attention of the House. Sir Charles Begot,
adopting a resolution of the House of Assembly,- declared
he would govern Canada upon the provisions of that
resolution, and that the people should have a respon-
sible goverpmene. Sir_ Charles Begot acting upon the
resolution, selected from the House of Assembly persons
having their confidence for his Executive Counciledeter-
'Mining at the same time that his course as regarded the in-
ternal policy of the country should be regulated by the
-advice of the Executive Council. Those individuals had
shown themselves the unflinching friends of Canada.
It was astonishing to see how the 'people of Canada re-
joiced at the establishment of the new government;
they bad been hitherto hunted by the soldiery,
their property destroyed, and their wives and
children either murdered, or turned out to
suffer the inclemency of • a Canadian winter.
Yet the very persons who had seen all this misery, when
sickness fell upon the Governor, and he was in pain and
danger of death, put up a sincere and ardent prayer to
God for his.recovety. 'These Were the niuch calumniated
French Canadians. At length Sir Charles Begot died,
and ,was succeeded by Sir Charles'Metcalfe. The educe-
den of Sir Charles Metcalfe was unfortunately far from
fitting him fora system of representative government.
However learned he might be, however well accustomed
he knight be to•the management of men, he was not well
calculatedlo preside over a representative system of go-
vernment. He did net take the view of affairs that Sir
Charles Begot had done. By a representative govern-
ment, Sir Charles Begot meant what heeled already de •
scribed. Sir Charles Metcalfe said lie meant something
else. But from that hour to the present he had never
explained what it was he did mean. He said he intended
to 'govern in a responsible manner, but he had never
taken the trouble to eieplain in what that responsibility
consisted. But before he went into this, he would call
the attention of the Iloitse to an extract from the pub-
lished life of Lord Sydenham, for it was right that the
Noble Lord should know what power the subordinates
of his own office possessed. Mr. Murdoch, stating
the events that took place after the death of
Lord Sydenhain, and, in commenting on them,
remarks :—" No one at all aware of what
has passed, and is still passing there, can doubt
that by this appointment the Home Government
has incurred a fearful responsibility, and their embar-
rassments have' now accumulated to such a degree as to
threaten a recurrence of " the events of 1839." Now he
wanted to know if that was the Noble Lord's opinion—
whether he thought that Sir Charles Begot took a wrong
view of responsible government. He was anxious that
he should declare in face of the House of Commons,
what he understood by this somewhit mystical phrase-
ology. He also begged to call the attention of the House
and of the Noble Lord, to what was the state of the Bri-
tish colonist when he went to Canada, ifhe had not that
which he (Mr. Roebuck) required for him—responsible
government. They must recollect, that every English-
man. leaving England and going to Canada, had all the
objects of ambition here entirely cut off from him—all he
could expect in that country was the sort of advancement
which the local government could afford; and he wished
the Noble Lord to bear in mind what country the
colonist would compare Canada with. A ri-
ver only divided him from America, where the
government, the army, and the navy, were
all open to him. He would say, " Were lan American
citizen there nothing at which I could not aim—no
object of ambition I might not hope for ; but here I am
crippled in a cblonial settlement, subjected to an 'irre-
sponsible Governor, who has the supreme control. I.
have no representatives who I can hope will sympathise
with me. I am, inireality, the mere offspring of colonial
sufferance—the mere wretched dependent of colonial
dominion." That was the sort of comparison he would
make ;, and if they confined him to that interpretation
of responsible government, he asked them, taking warning
by what had passed, and looking with the eye of states-
men to the future, what would b the effect of such com-
parisons made by the English colonists with their inde-
pendent neighbours on the other side of the St.Lawkence?
If men had gained the confidence of their fellow-citizens
they ought to enjoy the privileges that confidence gained
for them; and he asked which system was to be follokved,
—that of ruling by means of the Governor, or a complete
system of administration, leading on the people step by
step, and accustoming them day by day to that system
of self-government which would make them friendly to
the connection, or lead eventually to to a cordial sepa-
ration from the mother country, instead of a hostile one?
Sir Charles Metcalfe came into power, and pursued a
course of policy at variance with the opinion of the peo-
ple and the Legislature. In appointments affecting the
polity of the colony he never consulted them, and 'this'
was especially seen in the appointment of the Speaker to'
the Upper House of Legislature. That appointment was
Offered to one of their bitterest opponents. He should
like to see how the Right Hodourable Baronet at the
head of her Majesty's Government would look if he was.
told that Lord Cottenham had been appointed Speaker
of the House of Lords. The cases were quite parallel,
and it was perfectly fair to make the comparison. When
remonstrated with, the answer of Sir C. Metcalfe !was
that he still intended to pursue, that policy, and he said
he would not surrender the prerogatives of the Crown.
That was the very question in dispute. The ministers
of the colony immediately said if such were the views of
the Governor, they could not any longer act as his
ministers, and therefore begged to resign their offices.
Sir Charles Metcalfe accepted their resignations, and
from that to the present the country had been without
an administration. There was a Governor, but there
was nothing else ; there was nominally a President of
the Council—an individual for whom he had the highest
respect, a gentleman who had suffered most bitterly
under the Government, who had been imprisoned with-
out cause, and released without inquiry, but who, in! his
old age, wishing to conciliate all parties, consented to
act as President. But he would not accept the office—
he had taken no oath, and therefore was not actually the
President of the Council at all. Another individual,
Mr. Daly, was in office before these differences, and he
stuck to his office still. But the Receiver-General, ;the
Chief Commissioner of the Crown Lands, the At-
torney-General and the Solicitor-General of Upper
Canada, the Attorney-General of Lower Ca •
nada, and the Inspector-general of Accounts had
all retired. Of the three individuals who still acted
in an official capacity not one was responsible. At the
present moment the Receiver-General did not exist—the
duties of the office were performed by a chief clerk, who
gave no securities. What made him bring this state of
things under•the consideration of the House was, that it
afforded an irrefragibje proof that the Governor had
utterly failed in all his attempts to form an adminisera-
tion. The local law of election had settled this point.
At the end of the present year, when the Parliament
would necessarily cease to exist, they would have to, go
to a fresh election, and the majority against them would
be larger than it was at present. The Government
would then have arrived at that happy consummation
which was prophesied at the time they brought in their
precious Bill. They had formed one united Parliament,
which was new so powerful that they could. not
hope to oppose it. They could not succeed in
sowing disunion among the people. They could only do'
one of teo things, however painful, must be the alterna-
tive—they must either yield to the desires of the people,
or they must govern them by the bayonet. At the pre-
sent moment Sir Charles Metcalfe was the sole governor
of that country. Now heevould ask if that was a state
of things which the'doble Lord contemplatel as a con-
tinuance? He wanted to know -if that was the Noble
Lord's construction of responsible government? Was
it one of responsibility to the Home Government alone,
or a Government to be chosen out of those who had the
confidence of the people? There was no medium—it
must either mean government through Sir Charles Met-
calfe, or a responsible administration ; it could not be
described as a sort of 'hybrid, which meant neither one
nor other. All through Canada at the present moment
the people were animated by the same spirit. There was
no middle course for the Government to take; and, if
they attempted to do so, they would only bring upon
the people direful misery. Ever since the rezignation of
the Canadian Ministry in November, 1843, Sir Charles
Metcalfe had been unable to select a single per-
son for any responsible situation in that coun-
try. He was not able to call the Parliament together,
because he knew what would be the consequence of doing
so. -And the English party would be found just as Ca--
nadien in feeling as the French, and just as strongly
calling for a responsible Government. Nay, of the two
'they would find their most formidable opponents among
the-democrats of Upper Canada. It was the rough de- I
mocrat of Upper ,Canada who would be found the greatest
opponent of England, while they had lost the friendship
which they might have secured from the quiet and sub-
missiveemdfar more polishedinhabitan ts of Lower Canada.
But to return to the local management of the colony. A
British North American Bank had been established
during the administration of Lord Sydenham by charter,
ehech was made a bank of issue in Canada. The
Canadians refused to listen to Lord Sydenham's plan,
and they passed a resolution in the House of Assembly,
protesting against the charter,_ and interference in their
internal affairs. Then a North American Colonisation
Company was established by Act of Parliament, for the
purpose of acquiring land in Canada. He (Mr. Roe-
buck) had been informed that advantage had been pur-
posely taken. of his absence to .pass the Bill, that it
might not come to his knowledge. Now they required,
and it eras rational, that no Bill should be passed by this
Parliament without' due notice being given to the
colony.. All. of those things went to exasperate the
people of Canada. They were now about to impose a
permanent eivil list on the colony. This would be a
cause of, discontent and quarrel. The colonists claimed
the power of taxing themselves, and appropriating those
taxes' as they pleased. They were now on the brink of
anothei quarrel. What he asked on the part of the
colonists was simply this, that they should be allowed
to goeern theraselves as far as related to their internal
policy ; but that when anything arose which concerned
both this , country and Canada, that the in-
terests of • this ceuntry should bind the colony.
What was the objection to that ? What had they
gained by interference with the " people in their local
affairS .and municipal concerns ? If they denied the
people of Canada the right of governing themselves,
'they would either make them separate themselves into a
democratic republic or add to the desire of uniting with
the States of America. No person who looked to that
grasping republic could for a moment .doubt that it was
her desire to pepetrate to the Pacific through Texas, and
sivet-ping round the Oregon, to include Canada, within
the union. When America had accompligifed this,
France or Russia need no longer troublo them, Allterica