The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-03

table Of the British House Of Commons Take that
document az it is. Does 1t afford much encourage
ment to rebellions disoy atty written in its
is it evident insult to the mother country
1t betray such laxy to legal and constitutional OBJ
ieatonsis it capable Of large an abuse in favor of
rebels, that government would give up the dignity
OF the empire and OF the Crown by consenting to
such an aet' Messrs Gladstone, Herries, Newde-
gate, and Anstrey, DR.. Nicholl, and some other
clear and unprejudic authorities, do ascrbe TO
the act this offensive and dangerous character.
We are ready to take our stand the text and main
tain that 1t has not the character ascrbed to it, That
under its operation persons guilty Of rebellion
be recompensed for their losses through that sin
been the incidental result Of the whole of
lonal legislation since the rebellion, whether under
Secretary Stanley, Gladstone, Grey. But the act
has not directly rebellious dsloyal character No
lawyer read and say that il confers
reward or encouragement or honor or even IMMUNITY
ON revolt or that it throws any slight the Imperial
authority This is question for lawyers for it relates
to the terms and the natural meaning of the act In
deed even had not DR.. Nicholl challenged reply the
Attorney General the proper man. in the first in
stance to settle the true character of the He has
had not the opportunity of speaking early Thursday
evening, when he might possibly have saved Us ad-
journed debate.
The imperfecion Of the act If mperfection il is to
be called so far from being studied insult to loyalty
IL such could not have been avoided AS the Attorney
General explains for Dr. Nichols particular nstruc-
ton, If the act had expressly excluded all rebels
from compensation, they might still have obtained it
through the insuiciency of proof In fact, 1t would
As mere matter Of expense the project Of judicial
proceeding in the Of every claim is utterly rdcu-
lops for the expense Of the inquiry would have
sderably exceeded the average amount OF each claim
The burden Of proof would have fallen the conms-
soners, inasmuch as every get up prind
aoe OF innocence which the COMM soners would
have been bound to respect in this instance till the
public prosecutor had overthrow it with evidence to
the contrary The whole idea however is purely ridi-
cuCus. 1t has been exploded in the Canadian legisa-
tue not because that body consists OF great statesmen
and layers but because Canada has been upied for
fyalp fha mud Ev,np "A
temps that expressly excluding all de fato re-
bells would be wholly imperative for that purpose AS
II happens the present act Is more deliberately exclu
sye than one passed Tor the same purpose under a
conservative government. But, the Attorney Gene
raj suggests let directors try their hand at an
amended bill Let DR.. kieholl. let Messrs. Gladstone
and Herres retire to their several studies and each
frame statute warranted not to let rebel through
its mesbcs but at the same time possible to be worked
They will only lose their labor suspect that all
three know very well.
division CT nearly two to in a numerous House
will prove to the Canadian Legislature that we. at
home confde in their loyalty and respect their indie
penaenee We are ready to ascribe to them the best
and most straigb tforward intentions; and, at all
events have idea Of fostering corrupt and tyran-
meal minority In the colony to represent British
dominion and crush colonial freedom, The House of
Commons trust, has done with the quarrel Though
the penalty is great something has been gained by it.
There has been sudden illumination where illumi.
nation was certainly wanted, on the real nature and
rights OF responsible government and the relation of
free State to free colonies The Colonial House Of
Assembly has been subjected to very scrutiny
and has come out with credit. Its act framed for q
to be sure, incurred the censure Of those who show
their knowledge Of law by demanding that the Execu-
tive shall interpret 1t at discretion but it has had the
good fortune to be approved by less Questionable
thoritcs Of whom at least has given o.iose
factous approval but considered seriously, how else
the act could possibly have been framed