The Liverpool Standard and General Commercial Advertiser. — 1838-08-03 (Liverpool, Merseyside, England)

HOUSE OF LORDS—MONDAY. Lord BROUGHAM said, it was stated in the American papers, that Lord Durham had appointed a special council, consisting of five persons, three of whom were of his own household, and not one a Canadian; and also that he had issued an ordinance, declaring that three persons had come in, and confessed they were guilty of rebellion; and without bringing them to trial, he had sentenced them himself, and sent them to Bermuda, with the condition that they should be put to death if they left the place. Now, this would be neither more or less than murder; if carried into effect. In another declaration he had stated. that if Papineau entered the territories of Canada, he also should be put to death. This was equally monstrous, for it was contrary to every principle of justice to hang a man without trying him. (Hear, hear.) Lord ELLENBOROUGH wished to call the attention of the house to the creating of a sham council, which was no restriction whatever on the governor, for they coincided in every thing which he might do ; and he was convinced, that if this had been known, the bill never would have been passed. He moved for papers relating to the proceedings which had taken place under the appointment of Lord Durham. Lord GLENELG said, as far as he could produce the documents, he would do so. It was rather premature to censure the conduct of the noble earl in this manner, for he had gained the confidence of both parties. Lord MELBOURNE had no objection to the production of these papers; buthe must say, that it was in the highest degree imprudent and unjustifiable to sacrifice the interests of the country to the interests of party—to sacrifice the highest objects to the desire of attacking individuals, in order to pronounce such a determined condemnation upon those acts which had been deemed necessary by the noble lord, who was on the spot, and who was therefore the best qualified to judge of what was necessary. Lord BROUGHAM absolutely and peremptorily dissented from the doctrine of the noble lord. (Hear, bear.) It was not only nol unpatriotic, premature, and unjustifiable, but it was absolutely necessary and the duty of the house to keep a watchful superintendence over the exercise of such dictatorial powers as were entrusted to the governor of Canada. (Hear, hear.) With regard to factious views, he regarded them as little as the noble viscount did when he brought forward charges against the then government, and when that government accused him of being influenced by factious motives. (" Hear," and laughter.) After a few remarks from Lord ELLENBOROUGH and Lord WYNFORD, pressing for a more full explanation, Lord GLENELG said, he should defer any remarks of his own until the papers were on their lordships table. The juvenile offenders' bill was read a third time. Lord LYNDHURST complained that, contrary to what was the case with all other prisons, magistrates were not to be allowed to visit the prisons to be established under this bill ; and that if the "separate system" were to be adopted, as it only tended, as practised at the Penitentary, Milbank, to stupefy and barbarise the minds of children, by shutting them up for 21 out of 24 hours, he should have a still stronger objection to the bill. His lordship then moved amendments, the consideration of which was deferred till Thursday. The custody of infants' bill was moved by Lord LYNDHURST ; but the motion was negatived by 11 to 9. This bill is consequently lost. The remaining orders being disposed of, their lordships adjourned.