The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-01-23 00:00:00

HOUSE OF LORDS.-THURSDAY.

The Lord Chance!kr took his seat on the woolsack at ten mi-
nutes past five o'clock.
Lord GLEN ELG laid on the table papers relating to Canada.
The Duchess of Kent's annuity bill, on the motion of LORD
MELBOURNE, was read a second time, on the understanding
that the discuss►on was to take place on going into committee
next day.

Lord 13}touGH Am said he had no objection to this arrange-
ment ; but to-morrow he should state his views on the subject.
Lord ELLEN Bottouuu complained that the returns and copies
of correspondence relating to affails in Canada had only a few
minutes before been laid on the table. He certainly expected,
from► what passed on Tuesday evening, that they would have
been sent round to members yesterday. It was clear no noble
lord ,could now avail himself of the information they might
contain.

Lord Gt.F.NRE G said the papers had been prepared with as
touch expedition as possible.

CANADA.

Lord GLENELG said be rose, pursuant to notice, to move that
a Lumble address be presented to her majesty on the affairs of
Canada. The address was couched in general language, re-
gretting the rebellion which had broken out in Lower Cauada,
aud_aasnring. I,gr majesty of tie firm determination.. of that
house to support her majesty's authority in the.government of
the colonies. He had no doubt this address would he agreed to
almost, if not quite, unanimously, but at the same time he felt
bound to call their attention to the importance of the subject
under consideration. Wheu the present gcsveroment came
into office, the greatest difficuitv which they had to encounter
was the disaffection and agitaied state of the Canadas. The
noble lord then went into a detail of the history of the Canadas
during the last few years. It was said there ought to have been
a greater military force in Lower Canada during the past year,
as the resolutions passed by the British parliament last session
would possibly cause discontent, and, perhaps, lead to outrage.
Now no time was lost in giving all necessary orders to Sir John
Colborne and others in authority. And he denied that the
force in Lower Canada was not sufficient. It was proved the
force in Lower Canada had been sufficient to make a stand
against the insurrection, and he (Lind Glenelg) sent out a de-
spatch in August last, informing Lord Gosford that two other
regiments of the line would be sent out, but this idea was aban-
doned, and Lord Gosford was authorised to send, if necessary,
for additional forces from Nova Scotia. This authority was
not acted upon for some time, it being considered that addi-
tional forces were Unnecessary-, and up to the month of No-
vember no increase of troops were considered necessary, and
therefore he denied that the goverument could be greatly
blamed for keeping np an inadequate force in the Canadas. He
continned—Aly lords, l cannot puss from this parlor the subject
without express►ng my utmost satisfaction at the manner in
which Lord Gosford and Sir John Colborne have conducted
themselves throughout the painfnl times and circumstances
in which they have been placed. (Hear, hear, and cheers.)
Such, therefore, being the state of affairs in the colony, and the
district of Montreal, by the late accounts, being in a state of
open insurrection, it becomes us to consider what is to be done
in this crisis. With respect to the iminediate suppression of
the insurrection, it is to be hoped that there are means in the
power of govertimerit to carry the question to a satisfactory
issue. But the question then arises, what course ought to be
pursued with respect to the general government ma* he said to
lie in a state of abeyance. For some years past the Legislative
Council has been superseded by the conduct of the House of
Assembly. It would be idle to think of again calling together
the present House of Assembly, and it would be-as idle to hope
for airy good result from a new election. It is impossible, how-
ever, to leave the government in its present position. It is ne-
cessary we shouliChave some sort of government in its place—
some legislative bmiy. It will be necessary fur us to provide
s.mnie form of government, suited to the exigency of the crisis.
It is therefore proposed to do by law what practically has been
done by the assembly ilself-lit is proposed to suspend for a
given period of nine so much of the constitutional act of 1791 as
telites to the functions of the legislative authority. It is pro-
posed to place the legislative authority in a governor and coun-
cil during a given period of time in three years, and during that
period to direct that the laws %%Lich way be passed by that au-

titurey'sna.ti not he of a permaueut caaracter, but -hail partake
of the cloture of the authority(heir h It is at
the saute time provided, that it shall he eteupeteL, le, her ma-
jesty, at any tone prier to the expiration of that pie i et, to re-
store the tree constitution. Such, Inv lords, is the temporary
constitution, substituted for that which has been for some time
suspended. It is undoubtedly, my birds, a measure of severity,
it is an arbitrary measure—(hear, from Lord Brougham)—but
I submit, it is a measure which has become requisite, under the
existing
r Canada,c an ircutn
s tart. ehe s.
settlement W respect
I) te e to ts'; v e sttil now'°Lo
agitate that province, Upper Cauasia, must, of course. be taken
into consideration, as its interests are intimately interwoven
with those of Lower Canada. The questions which connect
them are of so touch importance as to require great cousidera-
tion. For instance• the navigation of the St. Lawrence, the
duties by which their commerce is to be regulated, their rail-
roads, bridges, and interim' communication, their monetary
system, and other subjects common to the two provinces. It
is at the same time expedient that the disputes in Canada should
be adjusted. Various plans have been suggested fur the attain-
ment of these objects. Anotn.2 tellers it hiss been proposed that
the lower province shall be dismembered—that the city and dis-
trict of Montreal should be annexed to Upper Canada. This,
of course, my lords, is not a Alin which we call entertain, and
do not know that it would tend to reconcile the feeling of both
parties, but that it would have the effect of transferiing the
feuds of Lower Canada to Upper Canada. Another plan which
has been much insisted upon, is a legislative union between the
two provinces. To that there are very sttong objectious. The
great extent of the two provinces--the difference of habits be-
tweeu the inhabitants, and other objections of a formidable na-
ture; and as the close of the whole, it is not likely, toy lords
that the upper province would assent to such connexion. A
better prospect might be obtained by a federal uoion ; this
would have a very considerable eff•ct in adjusting the
he provinces. disputes
between t
It would give the upper province a
just influence over those great questions to which 1 have alluded
and would also satisfy the demands of the lower province.
It would, at the sante time, by bringing together the
na-
tives of the two provinces to discuss subjects of genetat
interest, raise them above narrow and local questions.—
But in this also I ant nut aware that the upper province
esces, and it is. therefore, my lords, proposed that something
analogous should be attempted by the governor who is selected
by her majesty for the government of Lower Canada. It is
proposed that the governor be authorised to invite front the two
provinces persons who may be justly supposed to represent the
feelings and wishes of the people of the two provinces, and con-
sult them as to the measures it may be advisable to adopt, both
for the adjustment of the constitution of the Canadas and the
formation of an arrangement for the common interest of both
couutlies. If it be asked what advantage. is to be gained from
this proposal, I shall answer, that in some respectS I have
touched on them in adverting to the federal union, and I think
similar advantages may be obtained. At all events, the governor
will be able to ascertain what are the opinions of the two pro-
vinces respecting the constitution under which we live, and re-
specting these amendments (some amendments being admitted
to be requisite) it may be advisable to adopt. It is at the same
(line most probable that he may be able to submit to parlia-
ment measures relating to the adjustment of these differences.
Lord lit eoN inquired as to the probable time.
Lord GLENEI.G.—Of course it must rest with the governor to
choose the time. The proposal is, that he should- invite the
assembly to ruminate a certain number of persons. •
Lord Eht.esteottocuis.—Suppnsing the present House of
Assembly to be suspended, how will it be then ?
Lord GLEN EI.G.—If the legislature of Lower Canada be sus-
pended it is proposed that he should endeavour to obtain some
persons who would fitly represent the province of Lower Ca-
nada. It is suggested he should call on the electors of Lower
Canada. There are now five districts in Lower Canada from
which we propose to have these representatives (Arisen under
the present franchise.
Lord Bnoticti A Nl.—By the present electors?
Lord Gies;

Lord st.—Oh, that's absurd.—(Laughter.)
Lord GLENELG.—At the same time a power to select the best
time in which to call for an assembly of those electors. Such,
my Lords, are the outlines of the plan which the government
proposes to carry into effect ; the latter part, my lords, is, of
course, not an enactment in this bill, but it is considered to be
an essential part of this plan ; but of course, it will be provided
for by the prerogative. My Lords, having stated generally the
manner in which the government mean to meet the present
emergency, I shall now merely refer to the motion I intend to
propose to your lordships. I do not consider it necessary for me
to say one word on the subject, as I do not believe that one of
your lordships can orpose it.
The address having been read from the woolsack,
Lord Mitsui; st said—My lords, the part which I had the
houor to take last summer in this house, when these ill-fitted
resolutions were transmitted from the other house of parliament.
to which, and to our concurrence in them, I trace the whole of
the present evils, has impelled me to present myself thus early
in this important discussion upon the attention of your lord-
ships. And my bolds, I wish I could follow my noble friend
over the ground which he has gone, and confining myself to
that ground, not trespass upon other more painful topics. But
it never seems to have struck my noble friend that when a
minister of the crown comes to parliament with a proposition,
not only such as is contained in this address, but which gives us
also notice of measures about to be proposed following the ad-
dress of a high prerogative and unconstitutional kind, it never
seems to have struck my noble friend that the minister who
comes to parliament, resorting to it for such extraordinary re-
medies, has another thing to do besides. Are these every day's
occurrences my lords ? Are these matters to be passed by as a
shadow, and not to be regarded? Showing that these remedies
are necessary—that he has to explain the conduct out of which
that necessity has arisen—that he has to defend himself and
those with whom he acts, and the ministry of whom he forms a
part, for having brought our colonial affairs to such a state,
that we are assembled at such an unwonted period of the winter
for the purpose of remedying nit less than rebellion in our prin-
cipal province, and adopting prospective measures to prevent a
recurrence of it by suspending the constitution of that province.
( Hear, hear.) Are these circumstances in which a minister of
the crown has a right to collie down to parliament and ask for
the most extraordinary powers they can bestow, and to pass by
the antecedent part of the case, and never to answer the need.
ful previous question as to who caused this state of things—to
whom was to be attributed the breaking out of this rebeliion—
why it had not been provided against by timely precautions—
and whether the policy which caused it was justifiable or not.
Yet looking from beginning to end of my noble friend's state-
ment—clear and lucid as he was—to this hour I cannot perceive
one explanation given—one defence attempted, or one protec-
tion of himself resorted to against those charges which have
been ringing in the mouths of her majesty's subjects against
the government, front one end of the kingdom to the other.
(Bear, hear.) [The noble and !corned lord then entered at
great length into the cpiestion of the Canadian grievances, and
revolt; and after animadverting in very strong terms on the
conduct of the government, he concluded by observing in re-
ference to Lord- Durham's tnission],—sheutd not my noble
friend receive other powers besides those given to hint by this
bill, a bill as odious as the notorious Massachusetts Bill, I know
that the mission on which he is sent will reflect neither honor
nor credit on him, let him discharge his duties in any way he
may. I odce more then beseech your lordships to make up
your minds to do justice to the colony, and to reform, unhesi-
tatingly, whatever the people of Canada have a right to call on
yon to grant. I have co other desire than that right and justice
should be done to Canada, and that the character of England
should be maintained; but I am sure by grunting those prayers
which are addressed to this country front Canada, the character
of the Sovereign, the honor of the nation, and the happiness of
the people will be best secured.
Lord MELBOURNE maintained that there 'was no ground for
the charge of neglect or inattention to the affairs of Canada
brought by Lord Brougham against Lord Glenelg. With res-
pect to the want of troops in Canada, he confessed that appeared
to him the most pressing point in the whole case.
The Duke of WELLINGToN reminded the house, that he
had "protested" against the ill-adyised measure of Lord Ripon,
passed in 1831, for giving up the crowu revenues to the Rouse
of Assembly, without securing a permanent civil list. it was
a doctrine foreign to the British constitution that the people
had a tight to refuse supplies for carrying on the govern-
ment.
Loud ltieoN admitted that he had erred in believing that the
Assembly of Lower Canada would have voted a civil list in re-
torts for the relinquished crown revenues There was no actual
compact, but a foil understanding on his part that the civil list
would have been voted.
The Marquis of LarssnowNE entered into a general defence
of the government respecting Canada; and arrainged the con-
duct of the Lower Canadian Assembly.
The Earl of Due H Nt felt that the peculiar situation in which
he stood required that he shoold take sonic part in the debate.
He wished, therefore, to address a very few sentences to their
lordships—a few words explanatory of the general principles
which would influence his conduct in the discharge of the grave
duties imposed upon him, and of the reasons which have induced
him to accept the trust. "It is impossible for words to express
the reluctance with which I have consented to undertake this
arduous task—to incur the awful responsibility which I know
must attach to me in endeavouring, to accomplish the objects of
my mission; and I can assure your lordships, that nothing but
the mostdevotedatiachmenr, nothing but the most determined
devotion to her majesty's service and the service of my country,
could have induced me to place myself in the situation, in which
I very much fear, I shall-not answer the expectations either of
my noblefriends whoplace me there, or of the country generally.
evening,The noble
that
dukebe h
hasad
t o h
ft h e discussionearisaid a
of this t
one of the objects of the intended measures with respect toCan-
rla was mweirtlesitYlitahtevrepwptohrattoll'hPyar:ntivcumtaeraVslhYaill urinlePrrakvelrhe
mission. I believe that my duty, in the first place, will be to
assert the supremacy of her Majesty's Government, to assert
the dignity and honour of the British crown, and to see that the
law is carried into execution—that it is not set aside i'i the re-
molest cabin or in the most distant settlement. I shall no
ceive that I have done my duty as long as there is the tcon
slightest..
th that
supremacy i)f the l d
awemcsoenuttiindulesprteolibmeivnidorlyateodb
j.
ert, I shall avine effected
pretence for considering that the dignity of the crown or (h
necessaryan
con-
sider, without reference to party, casting aside all reflections
that may concern either the British party or the French party
.
in that country,—indeed 1 know no 171.ench party—l can regard
all only as her Majesty's subjects,—having effected the necessary
and essential preliminary objects to which I have adverted, 1
lloucsatileeritg"htasil—autdhapt
privileges
voi
luegghets t
oo
retzi)esae v,Ao,uh taor
ep rt th) tee cptosassens
(u)crsh
andthe
shall consider that I ought to extend protection to all, to give
o
aihiproprietors:na,,sduaebi
reedreaff‘t,
ctteile,gti,eoit
out
ulsot(ishrdled
,:is:totah,istil);ati.theritseehtta_cheitatenell:i
ii:sged,h,raraetshalhulteiresetux•loiefr,to,ini.itruimirst
teneahrnetse:::
salt
eloquent
sie,i,petrgiestti
ienaeris:niri•kosthltneses
pottsnef•
task
agree with him. Ido notithdionknt(h)tata
Canadian constitution.
ainctsdnityf psaurclnialtingehnt.t which are
constitution
Ighriesie. with
measure, him.
nr a
nlydoot. two
suspended, not by act of the British PaPrlaie'lt but
übtebregarded
.
sitnitueitinrerhpas already been de facto
hellion of the Canadians themselves. I conside'r therefore that
I go there,. not for the purpose of suspending the constitution,
for the extraordinary state of c9rmg In
provide as well as I can
Part
nnt.cuhuistances which has been pro-
duced by the rebellious
but for the purpose of endeavo •
te
tCanadianhe
constitution
community,tncn nt i an nud
which has rendered it impossible for e
in operation. These are the views with which I shall cor.sent
these
aretoutidetaakthen views withtlailiitiit
c,to.hhliteea fr;hatltand awful responsibility :
know,
than a i I enter upon the exercise
are
e usually intrusted to the
r discretionPu ne rs gorfeaatenr,
Great and dictatorial as these'
powers are, I shall be anxious to Itv ;11
possible time. Believe me, my i.atdaeni down at the earlieit
execute as speedy as possible this highly shall endeavour to
difficult and dangerous mission. Asrhonourable but most
pal province, it would be my w. far as coticerns the privet-
wish—and I my friends to give me the means of accomplishingimplore noble
it—to effect such
.t kind of settlement as should produce
molly amongst all classes, and enable cionnetentment and liar-
temporarily, but lastingly, the supremacy of the establish
not
laws.
After some remarks (corn the Earll7 of Lord
WHAIINCLIFF, &C., and Lord Gs. ELG briefly in reply,
address
was agreed to, and their
li.N the
lordships adjourned,

HOUSE OF LORDS.—Fu IDA v.
The Duke of RictimoND presented a petition from forty-three
acting magistrates of the coLuty of Sussex, pra. log for an