The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-25
Our Canadian Correspondence.
MONTREAL, April 10, lS49.
Legislative Observation-Disclosures Opinions Of
the Press, &C., &c.


MONTREAL, April ls, lS49.
Legislative Proceedings ,ineration- Opinions of
the Press, &C., &c.
Finding the pressure of work so very great and
the prospect of its completion, at the present rate
Of despatch, SO far distant, the Legislature have
wisely determined to devote more of their time to
the business OF the country. To accomplish this
object, morning and evening sitting has been
determined on In consequence of this arrange
ment, the House of Assembly met on Monday
morning last at 10 o'clock. The whole morning
was taken up by long speech from the Solicitor
General for Canada West, (Blake,) moving for
leave to bring in bill for the regulation of bank
rupts in Upper Canada.
Yesterday, TUESDAY, April ~ at the morn
ing sitting, Mr.. Solicitor General, Canada East,
(Drummond,) moved for leave to introduce
in Lower Canada" As the law at present
exists, any party who. may animadver. upon
Judgment, being unfair or unjust is liable to
De hauled up Tor contempt OF court, and severely
mot only In Lower Canada, but in England as to
the extent to which judges could carry the punish
ment OF persons tor contempt of court; but the doc
tTlne had now become almost universal in England
that courts should not commit, except for con-
tempts committed in view of the court, or all per-
sons who disobey the rules of the court, and that
beyond that court the could not CO." He cited the
English Judges on this point. Mr.. Wakely was a
plaintiff in trial for libel; during the course of the
case the Judge had an opinion unfavorable to that
gentlemen, which, however, was overruled by the
while that motion was before the Judges, Mr..
Wakely went to public meeting and spoke in
sultlngly of them The defendants in the case
1t was disallowed by the judges ellis bill" he
SAID, 'was nearly copy of a bill passed in Con-
gress some years ago, to declare what was the law
IN England; because the same law which prevailed
IN England IN these matters, prevailed in the United
States.'
Mr.. Baldwin attorney General WcsD trusted
that measure of so much Importance, would not
be attempted to be carried through this session.
lie did not think the bill was such as would adj
vance the interests of justice. QIear.l Mr.. Badg-
ly said a few words In support Of what had fallen
from Mr.. Baldwin.
E.Mr. Drummond, who was evidently beginning to
chate at this opposition, especially from his
brothers in Office, rose IN a very excited manner.
"He had been misunderstood by the Attorney Cen
eral West He introduced this bill, not in any an
ticipation that the Judges in Lower Canada would
be Tessrtlng to arbitrary measures: 1t was with
,he experience OF the past before his eyes. clear
orabe gentlemen connected with the ministry
thought that truth might inJure them, he did not
speak for them, but for himself. (Cheers.) He
could not, on account of his connection with any
ministry, abstain from stating what he conceived
to be the truth CHEERS, and ironical cheers from
the opposition.) He did consider that the Judges
of Lower Canada had abused their power. (Cheers
and counter cheers) And no man of spirit prac-
could do otherwise than state that the judges Of
Lower Canada had, on more than one occasion,
gone beyond the powers which We're entrusted to
them by the law and constitution. CHEERS from
the ministerial benches, and lronfcal cheers from
the opposition) lie spoke, for himself, and he
spoke the trutll-as he would never be afraid to do
in any position; he would rather resign office,
trample his commission under his feet than be re-
from when he I I
would be useful to do CHEERS, and counter
checrs) 1t was a truth which should be made
known in order that stop might at once be put to
the course which some honorablejudge had thought
proper to adopt in this country CHEERS and coun:
ter cheers.) The honorable member for Missisqusi
might forget, although he (Mr. Drummond,) did
when highly respectable citizen, because he
made remark on the grand Jury, not very severe,
was on information laid by the Attorney General
sent to spend some days In the jail of this district
but he (Ir. Drummond) did not. The honorable
member might also forget that only five or six
months ago, an editor was brsught up, because he
reported a trial and made some remarks as to the
justice injustice of the verdict, and might have
been compelled to stand his trial, had the Attorney
General been disposed to proceed in the matter 1t
was quite sufficient that we should have had an
example of that kind to induce every man DESTROYS
Of maintaining the liberties granted to him by the
British constitution, to come forward to put stop
to such abuses. (Cheers) The honorable member
for Missisquoi, complained that he (Mr. Drum
mond,) had detailed all the cases in which a CON
tempt of court could be committed he merely
maintained that the power of the judge ought not
to be extended beyond what was granted by the
law, and he dehed any gentleman to get up and
point out one single case IN which the court had
power, by law, to commit for contempt which was
not included in this bill, (hear, hear,) and he
thought the powers and Jurisdictions of every es-
tate of the realm ought to be distinctly defined
He did not wish to compromise the ministry by
anything he had saId but he must, notwithstand-
ing the request of the Hon. Attorney General West,
press his measure, for he owed it to the country,
and to the bar, to put stop to the abuse OF power
under which they had be en- smartng.
During the whole of this sudden burst of anger,
the House presented scene of excitement not
easily to be sersrlbed: | expected every moment
to hear the galleries violate the sancy of the place,
and burst into thunders of applause. Every one
hailed it the first fruits of the seed of dissension
long sown in the party
Mr.. Blake (Solicitor Generally next supported
in which his friends measure had been received.
Mr.. BIS speech lasted over half an hour, and had
the occasion been camp meeting, he would in
that short space OF time have secured everlasting
fame. Mr.. Iincks also, was In favor of Mr.. Drum
mond's bill. The only excuse tor desiring it might
be put off, was the. immense amount of business
already before the house. Mr.. Drummond eventu-
ally carried his point, and the bill was read first
time. A bill was brought in by Mr.. Morrison,
"for the purpose of regulating foreign insurance
Offices" by allowing them to sue and be sued. He
said: by taxing these Offices at the rate of ten per
cent he intended only TO tax the American and not
the British Offices, and thought the ten per cent not
so high a rate as that levied on banks There
was clause IN the bill to prohibit those companies
who had not paid the amount of Judgments against
them within ninety days, to effect new policies.
Mr.. .Cayley remarked, the tax would not fall
upon the Insurance offices, but upon the insured
Mr.. Hincks sustained the remarks made by Mr..
Cayley and thought that lift were intended pre-
vent the American companies from insuring, it
would be well to 60 about it in a straightforward
way.
Mr.. Dewitt said the American insurance Offices
did not expect to make much money by their in
surances in Canada; they came here because they
desired to extend their risks widely possible,
panies.
The last number of the Montreal transcript
contains a long article relative to "annexaton."
the idea is seriously entertained by any consdera.