Star.
London, England, 1828-05-03 00:00:00

HOUSE OF COMMONS.

Lord STANLEY presented a Petition from the Roman Catho.
lies of Enfield, in favour of the Catholic Claims.—Ordered to be
printed.
Similar Petitions were presented by Mr. FARARRIIIERT, from
Bonham; by Mr. CARS'', from three places in Westmeath; by
Lord BLNUHA74, from a place in the county Mayo and from Kil.
more ; by Colonel Been, from Donegal and Tuthill; by Captain
BOtveasx,from two places in War w ick shire.—Ordered to be printed.
The Marquis of CH A NDOS presented a Petition from the
Clergy, Gentry, and inhabitants of Buckinghamshire, against any
further concession to the Catholics. The Noble Marquis declared,
in energetic language, his determined opposition to any alteration
of the laws affecting Roman Catholics,—Ordered to be printed.
The Noble Marquis also presented similar Petitions from Wick.
low, Kilmoran, and Eallmaree.—Ordered to be printed.
Similar Petitions were presented by Mr. LANGSTON, from the
Corporation of the City of Oxford; by Sir Join, Owe+, from the
Welsh Calvinistic Methodists of nut ; by Mr. MODEM, from
5,000 of the most reseectable Protestant inhabitants of Dublin.
—Ordered to be printed.
Sir E. I-IA RV EY presented a Petition from the Aldermen and
Town Council of Saffron Walden, against the Innkeepers Licensing
Bill.—Ordered to be printed.
Mr. LYGON presented a Petition front the Carpet Manufac-
turers of Kidderminster, against the suppression of the circulation
of one pound notes ; and one from the same parties, against any
further tax upon foreign wool.—Orilered to be printed.
Sir J. OWEN presented two Petitions from Wales, against the
Friendly Societies' Bill.—Referred to the Select Committee.
The same Hon. Manua presented a Petition from the Gentry,
Merchants, Shopkeepers, and other inhabitants of Van Diemen's
Land,praying for a Legi.iative Assembly.—Ordered to be printed.
Mr. BEN ETT presented a Petition from the Licensed Victua-
l of Trowbridge, complaining of the expense of maintaining sol.
diers.—Ordertd to be printed.
Mr. SY KES presented a Petition from a Mr. Stapylton, com-
plaining that an allowance had been stopped from the prisoners
confined for debt in Horsham Gaol, which had formerly been given
to them, in consequence of their having petitioned Parliament on
the state of the Gaol.
Mr, CURTEIS said it was time that a redaction had taken
pbce, the allowance being entirety charitable; and that if the suns
had t • t been reduced from three shillings to two shillings a week,
the prtsoners would soon have been left merely to their groats. In
consequence of a former Petition, there had been a Committee of
Magisteates, and he could say that there was no abuse in the
'Gaol of liorshino, which was as well conducted as any prison in the
'kingdom.
Mr. HURST said that he was the party responsible for the re-
duction of the allowance, as it was he that ordered it, and it was
done in order that by the reduction the charitable donations might
last the longer. Previously, however, the prisoners In the gaol had
been collected, and the account of the funds read to them. if he
had been in the country two months sooner, be would have re-
doced it to Is. thi. or Is. 3d.
Mr. BURRELL concurred in the statement of Ms Honourable
Colleague.
The Petition was then read, and on the motion that it be printed,
• Mr. SYK ES read an extract of a letter from a prisoner, who
itited that debtors confined in the gaol were not allowed to see
their friends, nor consult their attornies, without the presence of
some third party. It that were the case it was a hardship, and if
net, it ought to be denied.
Mr BURRELL said that the facts stated were not correct, as
there was a room set apart for such prisoners to see their friends.
The gaoler might pass in or out, but there was nothing like what
was stated.
Mr. fIURST had always given directions for accommodation
to be giiien to the prisoners, and there wasp room on purpose.—
The assertion. in the Petition were libellous and scandalous, and be
would object to its being printed.
After a few words from • Mr. CURTEIS, the motion was
withdrawn.
Mr. MAXWELL presented Petitions from the Pastors of the
Dissenting Church in Scotland, in favour of the Repeal of the Test
and Corporation Acts; and from two Chapels in Glasgow.
ADM AAAAA COURT, WIELAND.
Sir J. NEWPORT presented a Petition from the Assignee of a
Bankrupt in London, a ship belonging to whom, prior to his bank-
ruptcy was sold in Ireland for payment of seamen's wages. The
Petitioner stated, that he wished to get an account of the proceeds,
and applied to the Registrar of the Court, who referred him to the
Returns presented to the House of Commons, from which it ap.
feared that there was no balance coming to him. He employed a
Solicitor in Ireland to make inquiries, and be replied that several
of the items of the Return were fictitious—that the officer with
whom the money was lodged was not worth a shilling, and that
there being no security token for his good conduct, there was no
remedy but an application to Parliament.
Mr. L. FOSI'ER suggested the propriety of referring the subject
to the examination of the Commissioners of Inquiry, who were
now in Ireland.
Mr. IMIOUGHA M thought, as the matter was one of a false
return made to the Order of the House, that the parties should be
celled to the bar.
The Petition was then read, and after some conversation, in
which Mr. ilitoumeau, Mr. W. LAMS, Mr. Secretary Pan, and
Sir J. Nawrom. took part, the Petition was withdrawn, in order
to have inquiry privately made.
Mr. EDEN brought in a Bill for the amendment of the Bank.
ruptcy Laws, which was read a first time.
CORPORATION AND TEST ACTS REPEAL BILL.

It having been moved .6 That the House should take
into consideration the Lords Amendments iu the Cor.
poration and Test Acts Repeal Bill,"
Mr. HUDSON GURNEY observed, that the alters,
tions which had been made in the Bill in the Howe of
Lords had changed it from a question between the Dis:
senters and the Church of England, to a question be-
tween Church and State. In the House of Commonk
a declaration had been imposed on Bodies Corporate,
who had nothing to do with the laws but to obey them.
This declaration was, in the House of Lords, rendered
imperative on the King's Ministers; making them as it
were vassals of the Church. Admitting the *mem*
putity of the Church of England, could any one say that

its Ecclesiastical Court% its discipline, its arrangement
of Bishop, Deans, &c. were not susceptible at faro,,
times of change or improvement? As well might it 4
said that the Church of Rome in the times of Leo
Tenth, ss as precisely that which it was in the time,
St. Polycarp. Yet if any Minister were to propose any
eiteration in the constitution of the Church, howest
necessary such an alteration might be, he would be
by the oath, which the Amendment the [louse of Lord,
hod made to this Bill declared he should he compel)
tes take. On the explanati ut of this clause which he mi,
receive from any of his Majesty's Ministers would de
his vote, either in favour of the Amendments or in
tiling to them.
Mr. Secretary PEEL observed, that he could not
considered as liable to be questioned with refererte ,
that
ofha Parliament.
t hadbeeni i
introduced
theuce wdionttdosl the
l Bill in the
ad
been
his,
he otherny
would words
Houhs
Ave done his best to explain their meanin-,
a.
At the same time he must observe, that he did not t!Ililk
that the alteration which had been made in the de, lr.
ration rendered it liable to the Honourable Gentleman,
objection. The [tight Honourable Gentlt!man
read the declaration in the Bill, as amended by the
House of Lords. He begged to fecal the Honourable
Gentleman's attention to the fact, that by the Act of
Union between nngland and Ireland and Enelded
and Scotland, the Church of England was estabiishrd
and recognised as a permanent and inviolable part of the
Constitution of the realer. The Right Elenourablt
Gentleman here read the fifth article of the Act (4)
Union, by which the permanent character of the Churn
of England, as by law established, was distinctly freer
nize.d. All that the declaration required was, that
party ta!ting it should engage not to use the influes,t,
of his office to injure or weaken that Protestant Ctsuy
which was a permanent and inviolable part of
Constitution of the realm. He really did not see
there could be any difficulty in making such a th
ration ; and, therefore, he did not consider that th!
teration which had been adverted to by the IL
ble Gentleman, was of any consequence. With rt
to the introduction of the words " on the true fa!
a Christian," he should be sorry if those w!
should be supposed to have any injuri)as effect, (
throw any impediment in the way of the oiler:
of the Act. He did not conceive that they :/mild.
Declaration did not imply any communion' Witt
Church of England. It only declared that, "on
true faith of a Christian," the individual ()lair
would not injure that Church. It might be m
any one, whether a Member of the Church of Enl
or not. He begged to call the attention of the
Gentleman to two oaths which Magistrates and
official persons wire now compelled to take—he
the Oaths of Allegiarce and Abjuration. In the
which it was necessary that all hie Majesty's ter!
should take, were the precise words "on the true
of a Christian." It did not, therefore, appear tr
that the Amendment in the Declaration had intr
any thing objectionable. He was certainly not rt
sible for it ; but he repeated that be did not consider
as a very material change.
Mr. CHOKER regretted that the declaration
not come to them in the form in which they had it
He was sure their Lordships did not foresee the r
quences of all the alterations which they made.
object was to relieve the country from all the diffii
which the Annual Indemnity Act imposed upon i
yet lie thought that their changes would make at
of Indemnity still necessary—it not for the adv,
of the Dissenters, at least for the safety of the int
of the Church of England. If an Act of Indt
were not passed, the members of the Church of
land would themselves have to make a declarant)!
should be sorry to see a new declaration, and
present circumstances, should the Bill pass, he
that the members of the Church of England wen
subjected to very unpleasant consequences; for, is
instances, they would lose their offices in six mom
they did not take the declaration. With cony-
so oppressive, he felt that it could not stand—any
calculated to create so much confusion could s
allowed to continue. His persuasion was, that
claration would not be taken at all, and the first
the next Session would be to justify those who hs
taken it.

M
kg

Mr. W. SMITH thought the Church of E.
would be considerably strengthened by the Bill,
he considered as a final adjustment of differences br
the Established Church and the Dissenters. He di
think it any hardship to be called upon for the dr
tion " on the faith of a Christiao." It was to tilt
ciple he objected, and he was sure the great body
Dissenters would accept the declaration in chi
spirit of conciliation. it he could not obtain
wi hed for, he was thankful for what had been gi
Lord MANDEVILLE slid he felt an ohjeci
the words " true faith of a Christian," as they w
accompanied with any distinct declaration of b-
the TRINITY or Jzsus CHRIST. The Bill left
pletely a matter of doubt as to the tene.s in %%flit
Christian faith consisted. He should propose tin
the word GOD, in the declaration, there should he
the words FATHER, SON, and HOLY Gitosr.
Noble. Lord then read one of the Petitions, in st
Established Church was alluded to with great am
of language.
Lot d SANDON said, that the Noble Lord mt
confound a few ignorant zealots with the great
rational Dissenters in the country. The effect
an Amendment as that proposed by the Nobh
would be to replace the law on the old footini
make a religious opinion the test of a civil quail!
The necessity for this, he (Lord Sandon) had
satisfaction of hearing some of the most vitt;
Prelates of the country state, no longer existed.
Lord MANDEVILLE, in explanation, said
that he wanted was, that if any Declaration %s ert:
BM, it should be one of real Christianity. For his
part he should be glad to see any solemn appeal of
kind struck out of the Bill altogether.
Mr. HUME referred to.the statute of the nieette"
of Geo. 111. as comprehending an accurate descry'
of Christianity.
Mr. J. MARTIN thought that that part of the
ration in which the words "in the presence of
were introduced, was objectionable, as it converted
declaration into an oath, which could not be taken b. 11),
f.'.
large and respectable body of persons, the Qtr ikers.
Orotde "on the true faith of a Christian" would also list
the effect of excluding another respectable body of le'
sons, the Jews. In a few years he hoped to see all the'
barriers swept away ; and no civil disqualification 11
maining on the Statute Book, except the commission 4
some criminal offence.
The Amendments were then read a sew* time. On tIK t•rot.4
thit they be agreed to, ti
Lord JOHN RUSSELL said he could not allow
Bill to pass without a few words. He was happy
observe that it was the sense of the great acrodritf
the House, that although many objections t
existed tote
words which had been introduced into the Bill by r
House of Lords, those objections were not strongenoq
to justify the House in the rejection of the feco'

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Although he certainly thought that the Declaration as
it now stecd was not so unobjectionable as it was when
originally framed by the Right Honourable Gentleman
oppo‘it,. he could not agree with those who considered
it a iteclaration of religious faith. There could be no
doubt that tins wa: a Christian realm; and all that the
Declrr.rion tended to was, to show that the individual
niakine. it was a member of the Christian community. It
was in no way a religious test. The words were words
which had been often repeated by persons who wholly
di.bel:eved Christianity. It was well known that the
latter part of the life of the celebrated Bolingbroke—
n+ose doctrines had, been combated by so many Chris.
ton writers, and among others by that eminent prelate
was occupied with the double employment
:f iv:iting works against Christianity, and endeavouring
get into the House of Lords; the previous step oi
I,is a inii.sion into which must have been a Declaration
.aide •' nu the true faith of a Christian." The other
eritions which had been made in the Bill were of still
:ess importance. Having thus generally adverted to the
~übject, he could only say in conclusion, that it aff, rded
;tint great pleasure to be in any way instrumental to the
ntensinn of the religious liberty of any part of his Ma.
'esty's subjects. All he hoped was, that in their turn
the Protestant Drs enters might be induced to view with
indulgence any future proposition to make religious
t,olera,ion univee sal —(Hear, hear, hear).

Mr. Secretary PEEL said, there were two or three
parts of the Bill, as amended, which might be altered.
The words. as they originally stood in the declaration,
were, The Protestant Episcopal Church, as by Law
established in these Realms." For the words in these
Realms, England was substituted. It should be recol-
lected, that the Protestant Episcopal Church was esta-
blished in Ireland also, and by the Act of Union indis- '
solubly untied with that England. The Bill would
bare been more complete as the words stood before.
He th.iught the exception of persons who were no: to
be obliged to take the declaration, ought to have been
carried further, and extended to clerks and others fill-
ing norm situations. Though he had been opposed to
this measure when first it was proposed, se:ing tha: for
forty years the country had been as free as at any for-'
trier period from religious animosity, and fearing that
the agitation of the question might tend to produce so
'erious an evil, still, even in the opposition given to it,
he sever contended that a sacramental test ought to be
contained, or that it was necessary to the maintenance
of the Established Church. His argument was, that as
the annual Indemnity Act rendered the taking of this
test unnecessary, there could be no immediate necessity
lot the agitation of the question. However, after it
appeared that there was so large a majority as 44 in
fsvour of the Noble Lord's proposition, he had but two
courses to pursue, either to persevere in his opposition,
or to propose such an arrangement as would enable
him to co-operate in the further progress of the mea-
sure, and he chose the latter course—(Hear, hear.)—
Nothing which had since occurred convinced him that
le took a part which could ultiruately prove detri
mental to the interests of the Church.—(Hear)----He
would not conceal from the House that there were indi-
viduals who encouraged further opposition, but there;
wee many who informed him that if opposition were
per.evered in, the measure would proceed with in-
creasing maj•oities in favour of it—(Hear, hear, hear.)
There having been a majority of forty-four, it appeared
to him that the time had arrived for removing the Sa-
(Tamen, al Test, against the continuance of w hich strong
objectioas might be urged, by those who looked upon
Sal attreiit as a solemn religious rite, of which those who
partook unworthily, par took of it to their own damna-.
lion. Such Living Iris view of the question, the arrange.
ment he proposed was the declaration as originally'
introduced in the Bill. He did riot accompany it wi h
any religious sanction, seeing that there were already
three oaths, that of Supremacy, of Allegiance, and of
Abjuration, and he felt no wish to multiply them—
(Hear). Such having been his view, he did not wish to
propose any thng in the nature of an oath in this Bill, and
be could no: say that it had been improved by the alter-
ation. Still it would be unwise at present to suggest
an.y change which might endanger the ultimate success
of the Bill. He must now say a word with respect
to the Prelates. He heard it stated of them, with so:ne
feeling of indignation, that they showed more anxiety
to consult the temporal than the spiritual interests of
the Church in the course tl ey pursued in reference to
the Bi,l. Never was there a more unfounded calumny
uttered against any set of men. Many of them, he
knew, entertained the greatest objection, on religious
grounds, to the Sacramental Test, arid were reconciled
to the exi-tence of it only by the consideration that the
taking if it was rendered unnecessary by the Annual
ln.leninay Act. They knew that the great body of their
Clergy were also unfriendly to such a Test. If these
Reverend Prelates contended for the continuance of it,
there night be some ground for the charge of neglect-
ing the spiritual interests of • the Church. Looking,
6*evet, to the proltai.le profanation of so sacred a
rite, and desirous to c inciliate the Dis enters, they gave
their support to the Bill; and under such circumstances
did not see how it could with any justice be said that
they sacrificed the spiritual interests of the Church to
make the temporal more secure—(Hear, hear).
Sir T. ACLAND said he should have preferred the
B II rithoot the alteration made in the other House of
irlunient. But even with these alter ations, he felt
,ie in expressing his concurrence with the Bill in
, its last stage. He trusted the amendments would
mot with the general accordance of the House.
The CHANCELLOR of the EXCHEQUER said he
tnae Kith much reluctance to offer any objection to the
41lendmetits ; but the alteration which substituted the
nrds " in England," for those originally in the. Pill
'l'll se material, that he thought it necessary to notice
1
* The amendment would seem to imply
.that there
_,tie.sr.d a less strong feeling for the protection of that
b dinch of the Protestant Episcopal Church established
In Ireland, than for the English branch of the same
Church. To obviate any such inference he should pro
Prhe, that atter the words " in. England" there should
be added a, and Ireland."
11r. STANLEY thought the Amenirnent unneces-
t, as the Protestant Episcopal Church of Ireland
indissolubly united with that of England.
Mr.TRA NT supported the Amendment. He thought
clause as at present worded in the Bill, tended
;ly to separate the Church of Ireland from that of
end.
' J. RUSSELL saw no occasion for the Amend-
for the Church, as by law established in Engl Ind.
41 in fact the Established Church of England and
Secretary PEEL said it would have been better,
lis part of the Bill the words were allowed to remaio
originally stood, fur then the Church of Ireland
id have been more distinctly included. However,
1-ct sought for by his Right Hon. Friend, in pro.
the Amendment, was perhaps sufficiently pro.
for in the preamble, which declared the Churches
;land and Ireland to Ire indissolubly united. There
test in Ireland, and therefore he supposed it wa's

thought unnecessary to insert Ireland in the declaration,
as it was not to be taken there.
The CHANCELLOR of the EXCHEQUER with.
drew the Amendment ; and the other Amendments of
the Lords were then agreed to.
Upon the SPEAKER putting the question that the House ad-
journ to siondas.,
Mr. BROUGHAM rose, and spoke as follows:.—Mr.
Speaker, as the Bill has now been fully discussed, both
upon its general principle, and upon the application of
all its details, and as the whole of the amendments
made by the other House have been agreed to, the
Bill will pass into a law, I will take this opportunity
of expressing my sentiments of it in its present shape.
I would not say one word upon the subject before, but
I now rise to take the earliest opportunity, alter the
Bill is assented to, to express my entire and decided
concurrence with those who have dissented, in the
exercise of theirjudgment, from the amendments brought
down from their Lordships' House. I thoroughly
agree with the Noble Lord, and the Right Honourable
Gentleman,' who have offered an opinion in this House
upon the Amendments of the Bill. I also agree with
my Honourable Friend on the bench behind me, who
opFosed the discussion as regards the Bill with reference
to Quakers and Jews. The Bill, S;r, in my opinion, is
worse, by a great deal, than that which was originally
introduced by my Noble Friend. I consider the addition
of declarations at all to be utterly inconsistent with the
spirit and principle of the Bill. The introduction of them
sanctions a doctrine which I hold in absolute abhor.
rence—the doctrine of Tests— of making religious
opinions of any sort whatever the test or passport to civil
employments—(Hear, hear, hear). But it tests were
to be adopted—if, Sir, any form of • declaration was
to be introduced, I acknowledge that none could be
devised more prudent, more just, or less liable to serious
object:on. But I repeat that the Bill has been made
worse, very much the worse, in the other House, by the
Amendments or Clauses there introduced. They confine
its operation, it is true, to very large classes in point of
number, and to classes of great weight in point of pro-
perty; they confine the Bill to a great majority of all
sects, and of course include the whole Church ; but
still they exclude sects of great respectability—sects
highly respectable in point of numbers, of character,
and conduct, and entitled—eminently entitled—to the
protection of the Legislature.—(Hear, hear). at these
accounts I most thoroughly agree with those whothink
that the declarations of the Bill have been made very
much worse by the additions of the other H lose. I also
agree with the Noble Lord, the Member lir Hunting-
donshire (Lord Mandeville), with respect to one of these
additions—that it is both too much and too little—it is
too much fur those who hold that no sect ought to be
excluded from civil offices, and too little for those
who would with to make religious opinions a pass-
port t t the confidence and employment of the State.
It is by far too little for those who made the addi-
tion. It leaves very vague and indefinite the faith
of a Christian, which it requires the party to declare
upon. In every respect the addition is too much for our
purposes, and by tar too little for the purposes of the
propounders of it. 1 agree with those who have expressed
their dissent from another of the additions made to the
Bill. I would also add, that I concur with the obser-
vations of a Right Honourable Gentleman, that the
law is not very clear. In its present state, the Bill
would puzzle any man, whatever his legal knowledge
or professional ingenuity; and after it has passed, it will
be very difficult to say what the law All these are
great and serious objections to the amendments pro-
posed; but, nevertheless, I consider the great good that
will be attained by the Bill when carried, even with
(bete objections. 1 consider its eff:cts in promoting re.
ligious liberty, and in paving the way to the practice of
absolute toleration—(Hear, hear, hear).—lt would have
been a misfortune hardly contemplated, if for any of
these objection; we had run the risk of losing the mea
sure itself by sending it hack to the other House.

The CHANCELLOR of the EXCHEQUER moved that the
House, on its rising, should adjourn to Monday next.—Agreed to.

CANADA.

Mr. HUSKISSON said, that in rising to bring for-
ward his promised motion he had to make his acknow-
ledgments to the House, that, out of the ordinary course,,
they had permitted him to introduce it to their notice.
The subjt.ct, though uninviting and bearing upon the in-
terests and feelings of persons rather remoteiy connected
with tit', was, nevertheless, a subject of very con,iderable
importance. The questions which he wished the House to
send for the investigation of a Select Committee, were—
whether the Canadas were admini.t red by a Civil Go
vernment calculated to ad vanceitshappiness and security
consistentlywith the admitted rights of the Crown of Eng-
I ind ? and whether a million of British subjt cts should
be maintained in those relations of loyalty, allegiance,
and affection, which, should ever exist between her
colonies and the mother country ? If in the course of
such an inquiry it should be discovered that alterations
rt commended by Parliament, for the benefit of the
Colonies, had not been a-sented to, then it would he for
Pediment to deal with the evil, and make such im-
provements as in their wisdom they might deem neces-
sary. It defects and imperfections-existed in the system
—if the Administration of the Colonies was not such as
the present improved condition of society required, then
it would be the imperative duty of Parliament to inter-
' fere. The Constitution framed for the Canadas was so
framed by some of the greatest characters who ever sat
within the walls of this House; but when it was con-
sidered how little was then known of the real condition
of that Colony, it could not be made a matter of sur-
prise that the then existing system, however suitable
and proper, now ceased to be so, and that therefore a
change became absolutely necessary. In proceeding to
investigate thi, matter, the House should always bear in
mind the principle on which it had always acted,namely,
to keep inviolably our engagements toward, the French
settlers—(Hear, hear)—who were the original popula-
tion; but at the same time to introduce, as far as it
could be done with benefit and safety, Bs itish laws and
institutions, and that impartial administration of public
justice which had so far advanced this country above
most others in the world. There could be no diffi-
culty in examining into the merits or demerits of the
present system as given by the Act of 1791. They had
the power to alter and to •ary it as they might think
proper, and that not merely on abstratt rules, upon
which, if necessary, he could justify interference—but
upon the express provisions of that Act itself, and
on the authority of those eminent men who had in-
troduced it into Parliament. Mr. Pitt said, that the
Act bf 1791 did not forbid any alterations which
might become necessary in the course of time, and,
he had also provided lands for the Clergy of the
Established Church. This Act was to be considered
as any other Act of. Parliament—and of course liable to
improvement, if improvement were decidedly called for.
There could be no doubt in the judgment of any man,
that the British Parliament had tree supreme power to
deal with differences which might arise between the
people of the Colonies and their immediate rulers or
local authorities. The British Parliament stood aloof
from the party feelings, the jealousies, and animosities
which nos unhappily prevailed in Canada, and its de-

cision must have force because of its fairness and im-
partiality. He had not the slightest doubt that it would
be most thankfully received, and that the result of the
inquiries of the proposed Committee would be to allay
those animosities which were now raging with so
much fury. He was anxious to save the time of the
House, and he would not, therefore, go through in
detail -those Changes whiCh had taken place in Ca-
nada since it had come under the controul of the
British Crown—further than to make intelligible to
the noust the grounds of difference which existed
in those Provinces. Those Provinces were ceded by
France to England, by the Treaty of 1763—in full
and entire sovereignty. The King of England had full
possession of them—to deal with them, with the usual
beneficence of the British Crown. It would still be ne-
cessary to state, that Canada had been settled in the
year 17CO. The population was principally confined to
districts on the river St.,Lawrence, in which there were
two cities, Montreal and Quebec, and the number of
French settlers might then have amounted to 65,000.
In such a small stock, the feudal system of France was
sought to be engrafted in all its deformity and extent ;
and as applied to such an almost boundless wilderness,
the evils that followed from it were almost incalcula-
bk. But the law of feudal succession which was pri•
mogeniture, was not allowed to prevail, and in its
place was substituted the unintelligible and unsatisfac
tory " Custom of Paris." So that whei 'Canada was
parcelled out into fsirdatories or vassals, there was rio
real or assignable severance of property ; in fact, it
was a species of incorporeal hereditament, and so
subdivided, it had, since descended, until at last no
man could know to whom he owed suit or service,
or by what exact species of tenure he held his land.
In order to prove this fact, he could state, that it was
only this morning he had seen an adverti‘ement in a
Canada Paper for the sale of one-thirteen hunch eth part
of a seignory; of the third of the seventh of the half of
a sixth of another; of the forty fourth of the fifth of
the twenty-ninth part of a third—{Loud laughter)--
and, in short, it N ould puzzle the ingenuity of Mr. Fin-
Won himself to tell exactly what portion of land the
one party had to sell, or of which another might become
the purchaser. But the difficulty did not stop there, for
on every alienation of land there was a fine, and other
vexatious imposts, and generally the transfer of property
was all but impossible. Shortly after the Treaty of 1763,
•the king of England issued a Proclamation inviting his
loyal subjects to go and settle in this new country—de-
elating at the same time, that he would grant them the
benefit of a Legislative Assembly, and that they should
partake of the benefit of British Laws, and Courts of3u-
dicature, civil as well as criminal; and bet wesn that time
and the year 1774, Briti hLaws Here introduced—British
Courts were established—and, as our records show, the
whole system of British jurisdiction, according to that
declaration, were introduced—but not the Legislative
Assembly. In 1774 it was not thought desirable to
grant the appnintmeut of a Legislative Assembly for
nrsny reasons—in the first place, in consequence of the
state of the neighbouring American districts ; and iq the
second place, because the people were by no means
pleased with the new Government. Under such cir-
cumstance. it was the wish of every man in this country,
that the Canadas should be conciliated ; and in 1774
they were mentioned in this Hou e, with a view to re-
calling the previous declarations, the Colonists stating
unequivocally their decided preference of the old system.
He should have mentioned that the old system, as re-
garded the administration of civil law and the French
settlement of property, continued, though in other
.respects the Bri:ish syAem had prevailed, especially as
regarded 'the administration of the criminal las.. Be-
tween 1763 and 1794 the Crown made several grants of
land, and all in what we call free and common soccage,
and it was conditioned that it should always continue to
be so held. But here was a great complication of law.
Some 1 ved under the old S ignorial system, some under
the British laws, and in the year 1.774. another impor-
tant Act was passed frr further conciliating the feelings
of the Canadians. Certain onerous and vexatiaus duties
had been levied by France while under her dominion;
but from the year 1774. they ceased, and others of a
lighter pressure were introduced, the produce of which
was to be exclusively appropriated to the purposes of
trade, and the establishments necessary for her Civil
Government. Thus in the year 1774 two boons had
been conferred upon Canada—ore restoring the laws
under which they lived before the British conquest, and
the second the recognition of their est ,blished religion
The latter was really a boon of immense importance,
and he sincerely trusted it was one in the possession of
which she would never be in any degree disturbed.
Here he must also in candour admit, that if such re-
storation had not taken place, the reopl's of Canada
would not be so happy as they had suite been. In 1778
a law was passed in this country, not immediately
bearing upon Canada, but it become necessary to allude
to it, as connected with the general subject of the Go-
vernment of our Colonies; he alluded to the Declara-
tory Act—by which it was provided that taxes raised
in the Colonies should be expended for their benefit.—
' Perhaps technically this Act could not be said to apply
to Canada, she not then having any Legislative As-
sembly, and in this state of things Canada continued
until the period of 1791, when' Mr. Pitt introduced
the Act, commonly known by the name of the Que-
bec Act. By this Act, the controul of all monies
arising from trade was placed at the disposal of the
Legislative Assembly—such duties having previously
been allowed to be raised by the Act of 1774. 'Die
great object-which the Act of 1791 had in view was to
divide Canada into two Provinces, giving to each a sepa-
parate Legislative Assembly ; and another great object
also was, to invite into them those loyalists who had ad-
hered to the interests of England iii the struggle with
America. In this province these were'no Seignories—no
feudal system, and Upper Canada was erected into a se-
parate government and province. The Ilsuse of Assem-
bly of the province was to consist of fifty, and the mini
mum of the other was to be fi•teen, with a power to
add to the number according to the increase of the po-
pulation. In consequence of this regulation, the gal-
lant officer who then administered the government,
and who he believed was still living, had divide! the
Lower Province into eighteen counties, with two Mem.
bers each, three counties with one, two cities with four
each, one city with two Members, and another city with
one. The two banks of the St. Lawrence were divided
into several small counties, etch sending two Members,
and the other parts of the province being thinly settled,
were only called upon to send one or two each. It
certainly was an error to take the state of the popula-
tion as the rule of lepresentation, which was to be for
ever binding ; and the effect was, that the whole influ-
ence was thrown into the' Seignories, and from the want
of roads and var isms other obstaclesoathers had little or
no share in the representation ; and, in fact, there were
now several towns in the Lower Province sending only
one or two to the Assembly, which in point of wealth,
improvement, and population, exceeded all the counties
in which the ,Seignories existed. Inantdheal:rderiii
Pro-
vince the distticts were snore, nearly equalized; they
at fist seat, ape Member each, gProto-

1 their increese a second, but never any more.—
However, if that system had continued, as it might
perhaps have properly done, there would have been a
considerable accession to the Legislatiie Assembly: The
English settlers were ndw almost excluded—only the
French had influence there—and the result wa-, that
after the lapse of 3.5 years since the passing of the Act,
no British Member had obtained a seat in the'Lower
House of Assemb y. lie made this statement with the
more confidence, because all the parties agreed that
some change was indispensably necessary, since Eng-
lish setters, English law, and English industry, had
heen excluded from that Province. Ile did not,
however, state that as any matter of charge against
the French ; he believed they thought they were
wily discharging a duty t themselves in acting as
they had done ; but the English hart no means of
suing or being sued, except in the French Courts,
and no means of arranging or settling the various dis-
putes growing out of mercantile trensactions, except
accord•tig to the regulations of the French code. This
was a degree of inconveeience to which the sulajects of
the King of England should be nn longer subjected.
The feudal tenure prevailing in that province could not
be altered, and both in practice and in prece lent, it was
now not what it was in the reign of Louis XVI. but as
it existed in therarliaments of Paris before the year 1760.
There was no appeal from their decisions, it was unlike
anything to be found in other civilized countries.—it
baffled all ingenuity—it had no foundation in common
sense—in a word, it was such a species of law as only
did and could exist in the wilderness of Canada. The
result of all this state of half barbarism was, that the
English in those townships were cut off from all
speedy communication with the river of St. Lawrence ;
they were like aliens in a foreign land, or as if they
were a handful of people planted in the centre of
France in the middle of the thirteenth century. Hence
arose the great difficulty of setting Lower Canada as
compared with the Upper Province. Such manifold
inconveniences could only be accurately known to and
felt by the sufferers; the law of mettpages was alto.
gether unintelligible. The registration of deeds was re-
sisted, in order to shut out English capital ; the law of
Corves also prevailed there; and in the last fifteen years
not a single new road was made which could be passed,
and thus the English were shut out from all commu-
nication with the St. Lawrence, except by the tributary
streams which other parts of the country produced. In
like manner the education of the Dissenters' children
was altogether overlooked cr neglected, and they rather
inclined to the districts immediately bordering the
Unite.' States, than to that cause to which they owed
an undivided allegiance. Those evils were of cell-
siderable standing, and they were felt the mere as the
people of this country advanced in knowledge and
general improvement. The remedy for this complication
of evils was attempted about four years ago—in the year
1822, namely, to unite the two Legisiatores, and by so
doing to guard more effectually the interest; of the
British settlers; but to that there were several objec-
tions. It was also suggested as another remedy, that
all the portions of Canada inhabited by English settlers
should be created into a third province ; hut that again
was objectienable, and it remained now for this House
to make a choice between evils, and do the best they
could to reconcile the rival pretensions ot the different
parties. This, however, was not the only object which
induced him to bring forward the subject on this oc-
, cation ; another serious evil had re, er tly grown up,
and I e wished to have it preci.ely stated what was
the degree of comroul which the British Parliament
•hould have over the fiscal department in Canada—.
(Cr:es of hear, bear). He had aheady stated that
in 1774. the French taxes had been abrogated, and
others substituted in their place ; those duties still re-
mained, and were known by the name of the e perma-
nent revenue,"• amounting to about 33 0001. a year
and was applied under the direction of the Lords
of the Treasury, by warrant, according to tee ineces-
saty uses, under the Act of 1774.. Besides this, the
Crown of England had a small revenue, or at all events
comparatively small, called the " casual revenue,"
amounting to about 5.0001. a year, aupl ed to the civil
purposes of the province. The remainder of the revenue
was made tip of local taxes, intpo,cd by the L gilative
Assembly since the Act of 1791, for the purpose of
defraying the expenditure of the Assembly itself—the
improvement of the St. Lawrence, and other,Colonial
objects, amounting to about 130 or 110,000/. a year.
For some time after 1774, nothing cottld go on more
-moodily than the affairs of the lower province ; but as
the expenditure increased, it was found that the revenue
of 35 or 36,0001. was insufficient to meet the various
expenditures of whet might be called the Civil Esta-
blishments, and it would be unnecessary to trace at any
length the difficulties which had recently sprung up,
in consequence cf the manner in which this sum was
husbanded or expended, or under what authority. The
Assembly of Lower Canada claimed the right cf appro.
priating the permanent revenue as they thought proper;
while, on the other hand, it was maintained that th e
Crown possessed over this revenue the discretion of ap-
propriating it for civil and judicial purposes. Now, no
lawyer would, he thought, deny the right of the Crown
to do so, or that it could not fulfil ali the conditions
arising out of good faith, in so disposing of it. The
Assembly held that the public had no power over the
disposal ofsother parts of the public, and indulged the
unwarrantable pretension to appropriate it, item by
item, not to the purposes for which it wis specially
intended, but to such other purposes as they might
think proper. That was the state of the controversy
11 at this moment. The agita ion of such a question, each
party struggling for their extreme tights, produced
considerable embarrassment ; it placed the King's Re-
presentative in the situation cf taking from the House
of Assembly the power of appropriating the first branch
of the revenue; and in a free country he (Mr. Huskiston)
admitted, that such a course could only be justifi• d ty
an imperious necessity.—(Hear.) It was not for him to
say, while addressing an English House ot Commons,
that such an appropriation should have been made,
when tl e Legislature of the Colony said it was contrary
to law, or what they esteemed (however erroneously) to
bne)titihineglaw. was
ellluptentdbeed rbesuutltv
itiodlwieaspraohysitnlcuetcwiy•asn,etcheai.t
sery for the payment of the Administration. Nothing
was done for the advancement of the Colony—ea im-
provement was taking place—no roads were nuking
—education, as he befote stated, was overlouktd—.
public buildings were decaying—he would nct say
every thing was in a state of anarchy—but every
thing was in that state, in which every interest cf
Canada was most materially suffering. He would
not go into further - details, as be thought he had
fully made out a ease to show, that if the British
Parliament had the right to act, he would call on tie m
to exert it, and use their beneficent authority fir the
protection of the general interests of the province—
(Hear, hear). The. Crown had certainly 'the. right to
dispose of what might be called the Civil Lk; and
it was too much to expect that the Judges and other
Officers shouldp be dependent for their salaries on the
prejetdites...Oecaptice, or the dislike of the House of

-61
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