Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-09-28
pARLIAMENT OF GNEA BNIIAiN'
HOUSE OF LORDS, august, 7.

individuals WHO n0u NV WIZ" o'o"E"t w
trial. One of the ordinances was IN dtcc'
contravcntlon Of the act IN William ~.
for the trial Of reasonable offences. ~
Lord Durham could set ASIDE The act, mere
was nothing to hinder him from setting
inside anv othor act Of Parliament. He rc'
ferred TO the parties against whom OIL o.
a,tainder was passed, after the rebellion OF
1915, when witnesses were examined, ana
n solemn inquiry took place, although the
parties had fled tho kingdom. Lord Dur
hams ordinance directed persons TO be con |
viewed 10 Bermuda, and declared that It
they left the Island they should be cons-
dered guilty Of high treason ; this was
prospective trcnsor--ttcason, not tor any
&c, committed in Canada. but simply for
leaving Bermuda. Such a proceeding was
opposed to nc act 25th Edward III. Again.
the ordnance declared that no procnma
ton issued by Her Majesty should extend
10 the murderors Of Lieut.. Weir 50 that
even if her Maicsty should issue proc'a-
nation Of patdun. vet it would avail moths
ing against Lord Dnrham's ordinance
Again, the coercion oc'. under which nc
supposed these things were done, dld not
extend 10 Bermuda. Yet Lord Durham
banlshed individuals 70 Bermuda, and vi
cited with the penalty Of treason those VINO
should escape. Lord Durham had sent
these persons TO Bermuda that they might
be placed under strict surveillance; but
he, Lord Brougham, would advise the Go
vernon OF Bermuda not TO attempt any sur
VIGILANCE Of these persons, for If he DID he
would make himself liable TO an action tor
false imprisonment. Lord Durham might
lust as well have passed law for the ex-
ercise OF this surveillance over parties IN
the county Of Mddlesex. He contended
that the ordinance was mere wan'on dis.
play Of power, ond it was melancholy to
think that The monstrous powers granted
TO Lord Durham should be used in such
manner.
Lord Glenelg said that ifthe ordinance
relating TO the transportation to bermuda
was illegal, it could be of no avail, 1t
was the duty Of the House to look at the
general object and effect Of Lord Durham's
proceedings The object was to secure the
peace and tranquility Of Canada; and 1t
Lord Durhnm's measures tended to pro-
duce thut effect. he deserved praise and
not censure. He would confidently assert
that, 10 Canada. public opinion was de-
cidedly in favor Of the course Lord Dur
ham had pursued. Lord Durham had
given to those who pleaded guilty as lie
nient a sentence as the circumstances war
rsnted and he. Lord Genelg, had reason
10 know that, in so doing, Lord Durham
had given satisfaction TO all parties. AS
10 tie persons who had fled the province,
be had no doubt that Lord Durham's cour.
% was the wisest and best, aud most cal.
eula,ed to produce tranquility. 1t could
20, be supposed that every minute mum.
eipal regulation was to be strictly complied
With in a state Of things sue b as Lord Dur
BAN had to encounter and he could not
agree with the noble and learned lord that
ths proceedings were Illegal.
Lord Brougbam replied, insisting that
Lord Durham might have done legally all
that he had accomplished. lie might have
told accused parties that they should not be
brought 10 trial if they behaved properly,
but he could not declare them guilty OF
treason without trial lie had no right to
send them to Bermuda, If any one of the
Judges would declare Lord Durhnm's pro'
ceedipgs legal, lie would confess his error.
lie had consulted some of the best lawyers
on the point, and they had no doubt upon
the subject. lie did not blame Lord Dur
BAN, who was not q lawyer. but his coun'
Gil and hs legal advisers He was anxious
for the peace of Canada, but he must say
that no more certain plan could be devised
for producing discomfort than the making
OF such ordinances, which bore every I'M
press Of ignorance, OF haste, and OF neglec
Of what is lawful.
Lord Melbourne insisted that it was no
fair, or expedlent, or just, 10 consider Lor
Durhams measures IN such manner a
10 be struck by any apparent anomaly, q
bv sny disparity that might exist helwee
tho practice in Canada and in England
who're there was settled state ofsocet
and time Of perfect tranquility. If the
>bourht that Lord Durham's powers ha
been employed uujoslly and improperly.
would be wiser 10 stop them at once BIT
If they did not see ground for proceeding
that manner, then the only course we
To show some confidence, instead OF pei
petualy interrup,,ng proceedings by cav
and conJemnatons which they DID n
mean to follow up. lie would not dIscu
tho law of the case, because he was not
LAWYER, and he knew that his opinion won
nave no Welgnl ou'' WV" NV "f''
Of 'he, part Of the ordinance rc'atlhg
Bermuda, where there was an evident M
take in Lord Durham IN supposlny mat l.
power extcutcd to That Island, ne oeiIcv
Tho ordinances to be perfectly legal a
warranted by tho powers which Parllame
had conlided to Lord Durham.
The Duke of Wellington agreed WI
Lord Bfougham, that those parts OF /
ordinances which had been admitted
Lord Mclbourn to be illegal were prop
subjcc, for inquiry and i was necessa
thai Parliament should apply some >reme'
lie dlscslmed all wish to attack LIZ
Durham mint after night, but when a.