Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-09-28

Of its pu,pose.
Whereas doubts having arisen touch
ing the meaning Of certain parts OF the snld
act. 1t is hereby declared aud enacted that
nothing in it contained shall be taken TO
empower tho Governor OF the Province OF
| Lower Canada, &c, to make any law or
ordnance for altering or suspcndng The
course ofthc criminal law within SAID pro.
vince, in nny particular case or cases, or
| for nttainilnr or for Furnishing any person
or persons not convicted by due course OF
law, or for declaring any person or per.
sons not 50 convicted to be guilty Of any
offnnso for refusing to leave the sold pro
vince, or for coming within the same, or
for not returning within the same"
| With reference to Lord Dutham's ordi.
nance, this bill declares thn', although tine
ordinance cannot be justified by law, ct
is so much for the service Of the Public
that it ought to be justified by act of Par
lament! II then sets forth
I" That all prosecutions aud proceedings
whatsoever, which have been or shall be
commenced against any person or persons
for or By reason Of any act done in relation
10 the premises shall be discharge and
made void by virtue of this act ana that,
ifany notion or suit shall be commenced
against any person for any such act. &c,
he may plead the general issue, and give
this net and the special matter IN eViJon-
&C." &c, &c.
A ong debate ersued OF which we quote,
also, the following account from the Cou-
rler:
A long debate cn;uod; and perhaps few
debates, even in the House Of LORDS have
been celebrated for combining either more
law or less justice than that Of last night.
The sense aches at the SPECIAL plead
lngs and lcagal quibbllngs Of the " lumna
/, rles Of the law" who succeeded, after nll
in establishing nothing whatever but de
monstration (su'e)y needless one a, this
: stage Of the session. of their Iact'ous en-.
, deovours TO humlliate the Earl Of Durhau
and the Government under which be ser
ves--to provoke both beyond the line Of
} endurance which they have patiently Oh
! served and thus to induce them TO throw
, up the task Of government in disgust
A less inielllgibie or a more contradc
Q tory argument in support OF measure wa'
4 never spun out OF The dry and narrow braIi
I Of lawyer and when we reflect how re
. workable 1t is that so Little beyond the me
s rest clubbing, nlbbmg, and drlbbllng, i
Q dscoverable ia the long and abored spec
{ ches of such orators as Lords Lynhurst ant
Brougham. we have the strongest posi-.
j bic evidence that the bill ia needless il
t point Of law, and mschievous 10 point O
= morals. These two cunning lawyers -
cunning ia every respect bnt the aI''in
portant one Of keeping out Of each other
company-ha rarely iolled harder. o
. twisted the uuconnoctcd threads of ihei
. sophs,ry more assduously. than in the en-
0 deavor TO make out a grand legal case fo
3 the necessity of Parliamentary interference,
with the proceedings of the racifcator il
. Canada and never, we think, did the.
. more signally fail to hide, under mnss o
! legal citations and niserably small facts o
= fctions. [ no matter which, for their mi
j hutencss renders them ridicuIously incon
: scquental,j the motives that prompted thl
t despcable +" dcclaratory bill"
i. The second reading was opposed b
Lords Melbourne and Genalg, and tn
t Lord Chancellor, and supported by Lord
i Lyndhurst and Brougham and the Duke c
Q Wellington, aud was ordered, 81 to SO.
Q Aug. l0,-Upon the question that th
:, House do 90 into committee on Lor
# Broughams dcclaratory Canada act,
. Lord Melbourne rose and enid, bcfor
G the Lord Chancellor left the wooSack. h
!. would state the course he meant TO pursue
:. He could not express with what feelings (
S anxiety he had received the decision
n their lordships, which would affect yer
7. great interests that were now al stake.
J.. was decision which would be conslruc
Is in favor of particular party, which part
" had lately rebellcd against the union wi,
ID this country. Such was the practical G
70 feet of the course that their lord:hips hu
a. adopted. He had, therefore, attempted
CT dissuade them from it, and he had not bee
able TO conceal the apprehensions WI
OF which he looked upon the course take
I'd especially when, owing to the distance fro
as the scene. 1t was impossible to say in VIII
or condition of feeling these debates and III
IN bill would have been lar better to lea
ID, ministers to pursue their own course b
ty as their lordships Ind decided otherwis
ev he would now state what he meaul TO
ad under that decision,
it He admitted the inIormaty Of TINT pc
ut ton Of the ordinance which applied to
in district beyond the Jurisdiction Of the Go
as ernor General, and he had also been mu
~ struck by the Argument that the Cover
lis meut had not the power to dlsnlIow n par,
act the ordinance aud allow the other part Oft
les same, with respect to chartered color
t a and that, under these circumstances,
MD ought TO ddOise her .MJesiy TO disaliolo
ion ualdity Of This ordinance. AT The sa
to time, to say that it was all VOID, and /!
lis the sentenced parties could be allowed
HE return, was what he would not nauru
we'd have adhered to. II was striking at I
and root Of all authority in thal country. !
ent though he admitted there were grave ar.