Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-09-15
Late froln Europe

ans uetducu dccouht OIL me great eclipse.
Late freln Europe.
The packet ship Wellington has arrived; she brings
London dates 10 the 18th she left Portsmouth on
the l4th.
From our correspondent!
The Wellington being detained by head Winds
send you an interesting and important account of tho
proccedlngsn the House Of Lords last night respect
ing Lord Durham.
The Lords have proceeded, on the strength of one
pont-we contend, one only-having been made cut
against the local extent of Lord Durham's jurisiic-
ton-topass the second reading of Lord Broughams
lnterferance Bill In their tender care for Lord Dur.
nam protection, and that Of his councillors they
ioree upon government measure of indemnify for
tner irregular doiRgs, which Lord Melbourne as the
organ OF government, considers that they do not yet
want This we say, and the Duke OF Wellington
seems to have felt though he allowed little personal
temper TO transport him beyond his better judgment
this is the only Openly assgnable) end that can
be served by the vote Of last night. We regret as
much as it is possible that any such formal error
should have tak.n place that which their ordshss
arc obligHgly oficious 10 remedy. The remedy we
should have suggested would have been short bill
TO include the Bermudas within the jurisdiction of
~SoAa DeihoHi soSciHhltHl. IL mas, however, been
made toe eyldeH!, !.om the pet,fogging professional
sRSi' under whose guidance their ordships have
thought fit to placethemselves, that no such propo
st'oa wosd have had chance Of passing in safety
betw1t Scylia and Charybdis-legal ex Liberalism
and legal Toryism.
That Lord Durham, then, has exceeded his local
authority, is admitted on all hands. Is such an ex.
cess warrant FOR entertaining such a bill a. Lord
- 20 ~ -
hngton, who has always leanings towards fairness
and justice seems In reality TO have thought not like
wise, and to have been anxious TO express his desire
90 press the matter inc farther than was absolutely
accessory for the protection of the parties who were
engaged IN carrying into execution that part of the
ordinance which related to the Bermudas" The
Truth is that the Duke of Welling ton, however he
may 90 with his party cannot help seeing further
ahead than The brace OF lawyers who last nieht led
them. "When," said Lord Melbourne, in the plain.
spoken manner Of frank good sense, regardless of
sabtletes-" when they had an instruction in the CO.
fsnies they had encouraged feeling Of disap
probation as 10 the pursued suppress that in
surrection when they had done their utmost with
out the intention of 50 dolng 10 encourage those who
the enemies Of the country, il wosd he thought
be but very poor consolation when the wors, came
best special pleading upon The subject (Hesr hear
That unquesilonaby was his feeling upon the matter;
he thought they were little too much cramped in
the consider aticn Of so extreme and 80 important a
measure BY the strict rules OF law
We have not the slightest doubt that the country
will echo the statement Of the minister and that the
Law leaders Of The Upper Herse will find that they
have earned any thing rather than public gratitude
by the mode Of their Interference.
We ars quite prepared TO adRi, that Lord Durham 9
proceedings are partly unprecedented. Lord Dur.
hams MISSION 10 unprecedented; the state Of things
"a unprecedented which ne found on the scene Of the
unprecedented end extraordinary functions commit
ted to hum II lsquIte unfair to institute say corr.
psuson or contrast between the exercise Of such an
authority and that Of the ordinary legislative And legal
funcuonsres Al home. The persons Answering TO
sAs principal Of those funciiosares precisely the
persans whose Authority has been suspended IN
Canada by high stretch OF power. II was decreed
BY the power thus stretched to its utmost pitch
WHICH suspended those funs,ienares that Lord Dur
hams ordinances, during the suspension should have
the force Of laws Is Il really for the legislature which
pssscd such decree to quarrel with the firs acts on
the part Of Their seees'e which psr,ske Of the extra
ordinary and exceptional nature Of his own appoint.
ment1
lie this las we deem mos, npoli,c and insounsb,e,
TO be taken wiiheu, the slightest reserepc. to
the circumstances found by LORD Durham on hi, A..
rival, and r,quinng immediate measures to deal 9TH
Asmi To be sure according 10 Lord Lvndbur., ,bs
noble earl was seat to make IL qu,ues,
HE fully concsued with his noble and ,.,,n,a
friend opposite lord Brougham) ia thinking ,hs, the
eoiec, Of the Legislature in ssnctonns this &C, WINS 4,
enable the noble earl at the head Of the government,
ofCsnsds 10 make inquiries with reference to the "a
ture government Of the colony They gave the noble
carl ex nord'nsry powers, and they sanctioned the
suspension Of the functions Of the legislature Of Ca.
nsda because they thought that these inquiries coud
not be 50 EN- 7ea,y carried on without extreme pro,i-
son Of this kind beng made II Was necesssrv that
the noble earl should have the power, IN cs.. Of ne
osssiy, To pass ordinances which should have IN,
fern sf Law, but never intended hat these Ia
gsative functions sbosd be the precise ob;ec, of hi.
mission hul that on the contrary, IL was Intended
ha, he should be out 70 prosecute inquiry there
tHear, hesr.r