At the meeting of the House of Commons on Monday,
a number ), of petitions were presented, by Mr. LEADER, Mr. HARVEY, Sir S. WHALLEY, and Mr. HUME, against the coercion of Canada. The Edin- burgh petition was presented by Mr. HUME, and its prayer supported by Mr. GILLON. Mr. GROTE moved that the petition of "John Arthur Roebuck Esquire, agent of the house of Assembly of Lower Canada," pre- sented to the House on the Wednesday previous, bu read. Which having been done,
Sir ROBERT INGLIS remarked, that the customary style of " humble petitioner" or " humbly showeth" was not used by Mr. Roebuck. Mr. GROTE said he was not aware that the form was invariable or essential ; but he was quite sure that Mr. Roebuck's omission pro- ceeded from no disrespect. Sir RoasaT INGLIS said, that if the omission of the word was unintentional, he would say no more about it.
Mr. GROTE then rose to move that Mr. Roebuck be heard at the bar; but Sir ROBERT PEEL interrupted him, to give notice, that he intended, in Committee, to move the omission of the words in the preamble which recognized the sum toning a Convention or Committee of Ad- vice, by popular election, to assist the Governor-General; and of that /!part part c sepal+
bill which authorized the Queen in Council at tiny time to act.
ROTE resumed. He spoke in behalf of the right of the Um of Assembly to be heard by counsel at the bar against the bill ; win right, he argued, it was the especial duty of the House to sup- port after the vehement attack made by the Ministerial leader on the conduct of the Assembly. The course Mr. Grote proposed was, to allow the bill to be read a second time,--protesting, howeier, against being supposed to acquiesce in its principle ; and that, before the House went into Committee, Mr. Roebuck should be called in and beard at the bar.
The question that Mr. Roebuck "be heard upon his petition against the bill," having been put from the chair,
Mr. GLADSTONE expressed his strong desire that some person possessing the knowledge Mr. Roebuck could display should be beard is behalf of the House of Assembly. On farmer oceasicns Mem- bers had profited by Mr. Roebuck's accurate information on Colonial subjects. At the same time, he protested against the proposed admis- sion of Mr. Roebuck to appear as counsel for the Assembly being converted into a p5egedent ; for that would lead to every sort of anomaly in practice, slid to great inconvenince in conducting the affairs of the Colonies.
Lord JoUN Rues= observed, that Mr. Roebuck had been ap. pointed their agent by the House of Assembly, and been constantly received at the Colonial Office in that capacity ; and he considered that there would be less inconvenience in hearing Mr. Roebuck in his capacity as agent, than as an individual petitioner.
Lord STANLEY sai0, that not only had Mr. Roebuck been appointed by the House of Assembly, but he had been formally recognized as agent of that body by the Government, who had sanctioned the payment of his salary. The present Government was the first that had received an agent appointed by only one branch of a Colonial Legislature. Mr. Viger, who stood in the same position as Mr. Roebuck, had been consulted, as any merchant would have been ; but he was not recog- nized in an official capacity. It was not without a protest, therefore, that he could consent to allow Mr. Roebuck to be heard at the bar. Sir GEORGE GREY reminded Lord Stanley, that Mr. Viger's ap- pointment bad received the same kind of recognition as Mr. Roe. buck's • for Mr. Viger's salary had been sanctioned by the House, and never Objected to by Lord Stanley when Colonial Minister. Mr. CHARLES BULLER asked Sir George Grey, whether Lord Glenelg had not written in reply to Mr. Roebuck's application to be received AS agent for the Assembly, to the effect, that as Mr. Roebuck only professed to represent the House of Assembly, and not the co- lony, he should be happy to give him an interview as agent of the Assembly?
Sir GEORGE GREY intimated, that such might have been the tenor of Lord Glenelg's reply.
Lord JOHN RUSSELL moved that the order of the day for the second reading of the Canada Bill be read. Which having been done, Mr. Roebuck was summoned by the Sergeant-at-Arms, and appeared at the bar.
-The bill was read a second time. Mr. Roebuck's petition was.
Mr. HUME moved, that, as it was desirable that Mr. Roebuck should be distinctly beard, and as that gentleman was unhappily not in the best health, the bar should be moved further into the House. A similar indulgence bad been granted to Mr. O'Connell and others.
The Sergeant-at- Arms and assistants bad moved the bar almost to the centre of the floor, when a Member objected to the removal of the bar. Mr. WARBURTON asked if it had not been decided that the bar should be advanced ? The SPEAKER understood that the assent of the House had been given. The same Member moved that the bar should be taken back, amidst loud cries of " No, no !" The motion was not persisted ; and Mr. Roebuck commenced his address. He began by producing the evidence of his appointment as agent of the Assem- bly of Lower Canada,—namely, the resolution of that body, and the letter of the Speaker of the Assembly communicating the same to Lim,—to be read by the clerk, if the House wished to hear them. He then proceeded as follows.
" I appear, Sir, before you as the authorized agent for the House of Assem- bly of Lower Canada ; and I do so under circumstances so very peculiar, that 1 hope they will, if all others fail, obtain for me the kind consideration of the House. Old associations may possibly induce me to forget, under the excite- ment of the moment, the unusual situation in which I stand ; but as I trust my offences, if any there be, will be trivial, so my pardon will be easily ob- tained. It may so happen that in my address I shall be obliged to use some strong expressions : if se, be it recollected that here, at the commencement of my address, I claim the right to do so. I am here to accuse successive Admi- nistrations of bad government in the provinces of Canada. I am here to de- fend against a bill of pains and penalties the House of Assembly of Lower Canada ; and so defending them, I shall have to accuse her Majesty's present Ministers of high crimes and misdemeanours. And inasmuch as I do not con- sider her Majesty's present Ministers as any portion of this House, I shall not use towards them that respectful deference which I feel I owe and shall be will- ing to exhibit towards this House. Nevertheless, in addressing you, Sir, as its representative and head, I shall studiously endeavour as far as possible to die- play the respect which I owe to the assembled Commons of England. This House has now before it two parties to be heard—the House of Assembly of Lower Canada on the one hand, and her Majesty's Ministers on the other. A bill of pains and penalties is now on your table—a bill of pains and penalties against the whole people of Lower Canada through their assembled Represen- tatives. And who suggests that bill of pains and penalties? Why, Sir, I will have to say it is entirely suggested by the guilty parties in this transaction—by those who ought to be punished, and not by the House of Assembly. It will be my duty to prove to you in the course of my address, that every act of the Assembly has been governed by the greatest wisdom ; that they have on all °e- mulous acted in a just, wise, and firm policy ; that they have advanced no de- mands which the interests of their constituents did not require of them to ad- vance; that as they had successfully won for themselves, step by step, their de- mands, they have been acknowledged to be just ; and that at the least, when you are now called on to pass a bill of pains and penalties against these virtuous Representatives of the People, I say you are called on so to do not in conse- quence of any fault of theirs, but in consequence of a state of things that has been brought about by the vacillation, the weakness, the imbecility, and by the
the assembled Commons of Lower Canada. This, Sir, is the position illillIkich I am placed : I have to throw myself before the House as the advocate of the
absent—as the advocate of those whom every one seems to feel at liberty to ac- case, and to whom every base passion and motive have been applied—as the ad. vocate of those distant parties who are three thousand miles removed from us, and who are struggling amid vast difficulties for the liberty and righta of their country ; and I hope that I shall not plead in vain to the good feeling of an assembled bogy of my countrymen, when I ask of them to hear me patiently, while thus alone against a host I defend the absent and weak amid the strong. I endeavour to uphold the cause of those who have no other advocate than the humble individual who now appears before you, and who, *the bill you have just read a second time, are about to be deprived of that liberty you would not suffer to be wrested from you, and who are about to be placed on a par with the abject and servile inhabitants of Hiadostan, instead of being considered, as heretofore, free and popularly represented colonists of Great Britain. But, Sir, it may be said that while I appear here as the advocate of others I require a defence for myself. Such things may be insinuated of me out of doors ; be- yond the walls of this House it may be said that I myself require defence; but
however much such things may be said of me elsewbere,—however much the ithets of tra tor and rebel ralbtloweedonnintee:,7lamso;that in shall
1 cannot defend myself. It may be said also that in this case I am an interested party—nay, it has been alleged that I am interested in obtaining a separation between the two countries, and in supporting the rebel colony against the impe- rial domination of the Mother Country. 1, however, entreat honourable Mem- bers to consider the peculiar position in which I stand, and then to ask them- selves whether any part of my public conduct justifies such a suspicion. I, Sir, am an Englishman ; my whole hopes are centred in this country. It is true I have many dear friends in Canada, and while I have no hope out of England, I have a great interest in that colony. I have done all that lay in my power to maintain an honourable connexion between the two countries. As long as that connexion can be maintained with honour, no man in the world will do more to maintain it than 1 will; but if such a connexion cannot be maintained with- out dishonour to the British name, I shall be the first to do all in my power to put amend to it. But I beg of the House to recollect, that all my interests are in favour of a connexion with Canada ; and, therefore, let no man dream or think that I rake up rebellion, or that it is my interest to do so."
To prove the injustice of the bill, Mr. Roebuck gave a history of events in Canada from 1763 to the present time, dividing that period into four epochs,—first, frorn 1763 to ISM; second, from 1810 to 1e28; third, from 1828 to 1834 ; fourth, from 1834 to the present period.
During the first of these epochs, the policy of the English Govern- ment was to create a French feeling in Canaria, by fostering and pre- serving those institutions to which the Canadians were attached, but which it is now the fashion to decry. Iii 1774, the Quebec Act was passed, by which the French code of laws was established in Canada, with certain exceptions ; for a hodge-podge of anomalies was created, by engrafting on the French system portions of the English criminal law, trial by jury, and certain English rules of evidence. In 1791, a declaratory act was passed, and a solemn pledge given by the British Government, that no taxes should be imposed or revenue appropriated in the colony without the consent of the Canadian Legislature. In 1794, some communications relative to this subject passed between Lord Dorchester the Governor of Lower Canada, and the House of Assembly. The Canadian revenues consisted of the duties raised by acts of the Colonial Legislature, and entirely under its control ; of duties levied under English acts ; and of the casual and territorial reve- nue. Lord Dorchester offered to give tip the revenues levied under the English acts, in exchange for a civil list. The offer was accepted : the Colonial Legislature did as the Governor requested : but It was only by the 1st mid 2d of William the Fourth--thirty-seven years later —that Lord Dorchester's pledge was redeemed and the revenues actu- ally surrendered to the Colonial Legislature. Lord Dorchester offered also to place the casual and territorial revenue at the command of the Colonial Legislature; and it appeared from the evidence of Mr. John Neilson before the Committee of 1828, that the Assembly voted in 1794 or 1795 the sum of 5,0001. a year, on the understanding that the territorial revenue was to be managed by the Legislature. There were no disputes between the Governor and the Assembly till 1809 and 1810.
The second epoch then commenced. The expenses of the Govern- ment bad been increased from 40,000 to 60,0n0L, and the Assembly was applied to for more money. Afterwards the Duke of Richmond asked for a still further addition of 16,0001. The Assembly became alarmed, and protested against the increased expense ; offering to pay the proper charges of Government, item by item. The Governor and Legislative Council refused the supplies voted item by item ; and demanded a round sum. They were the parties who first stopped the supplies. In fact, the Legislative Council rejected three supply bills. In 1820, Lord Dalhousie demanded a civil list for the life of George the Fourth ; the Assembly refused, and passed a bill which the Legislative Council threw out. In 1$23. a bill was passed granting part of the money Lord Dalhousie demanded. In 1824. the failure of the Receiver- General took place : he owed the colony 100,(MX)/ , now increased by interest to 150,000/. There was talk of a great estate obtained as security for this debt, but it was not worth one-tenth of the amount due to the colony. Such was the history of the colony to 1824. Be- tween that period and 1828. the Legislative Council threw out almost every bill passed by the House of Assembly, In 1828, the people of Lower Canada petitioned the House of Com- mons for the redress of the manifold grievances which they suffered— They complained of the conduct of the Legislative Council in throwing out the bill granting the necessary sums and regulating the limits , f expenditure ; they complained of the rejection of the bill giving the inhabitants of towns a voice in the management of their local concerns, and of the bill for facilitating the administration of justice ; they claimed an amendment of the jury-laws, in- troducing jury trials in the country districts, thereby diminishing the expenses; and they sought a bill improving and rendering more commodious the gaol for the district of Montreal, for regulating the office of Justice of the Peace, for regulating the Militia service, for increasing the security of public monies, and for a provision fur an authorized agent to reside in this country'. These were the complaints brought against the Legislative Council irs 11428; and a Com- mittee was appointed by this Howie to inquire into the complaints of the people of Canada. That Committee acknowledged the justice of these complaints, and solemnly asserted that the Legislative Council and not harmonize with the opinions of the Canadian people, and reported that there should be some altera- tion in the constitution of the Council which should make it harmonize. The Committee did not point out the means, but declared that, as then catalog, the Council did not contribute to the good government of the province.
B was said that these grievances bad been redressed. He de-
nied it: they had not been in fact removed ; and if the Canadians demanded other and additional measures, it was bemuse those adopted bad proved inefficient. In 1830, the Liberals, who had so often fulmi- nated in Parliament on the subject of Canadian misgovernment, came into office ; and then the Canadians thought that the time for redress. ing their wrongs bad really arrived. They were disappointed. It was generally expected that a reform of the Legislative Council would Lave been effected, in compliance with the recommendations of the Committee of 1828 ; and there MIR the authority of the last Whig Commission for the assertion, that the demand for an Elective Legis. dative Council was not made earlier, solely from this expectation. An Elective Legislative Council was demanded, and u General Convention of the people. These demands were made made o hilst Mr. Stanley was Secretary of the Colonies; but Mr. Stanley was horrified ut the idea of a " Convention," and could think of nothing but the French National Convention, Mr. Papineatt being the Il ibespierre or Marat of Canada. The military were called out in Montreal to quell a dis- turbance which the sight of a constable's staff w othl have put down. That insult bad not been forgotten—it never would he furgotten or for- given by the Canadians.
In 1834, the famous Ninety.two Resolutions, setting fta th the grievances of Lower Canada in detail, were passed ; and in the same year a Committee of the House of Commons sat to consider the com- plaints of the colony. But the labours of that Committee come to an untimely end. A change in the Ministry took p1 roe, and Mr. Spring Rice succeeded Lord Stanley at the Colonial Of m. Mr. Rice pro- fessed to have every wish to do the Canadians substantial justice—he only desired not to be crippled in the performative of his good inten- tion; and Mr. Roebuck advised the Canadian delegates, then in Lou. don, to take Mr. Rice at his word, arid trust to his good offices. Mr. Rice solemnly promised not to interfere with the payment of official salaries, or to take money out of the Canadian chest, as Lord Dal. bowie had done : but immediately after Mr. Rice left office, in the same year, a despatch was sent to Lower Canada, authorizing the Go- vernor to pay the money and draw on the Treasury fur the amount. Under these circumstances, what wonder was it that the House of Assembly in 1835 refused the supplies? There was no end to the calumnies against the Assembly. It was accused of factious conduct in refusing to pay the salary of Judge Gale ; though Mr. Spring Rice himself bad declared that person unfit for the bench of justice. It was accused of refusing to pay Lord Aylmer 7,0001., advanced by him to protect the colony from the visita- tion of cholera : the fact being, that the sum advanced was only 7001, and that it was voted at once on the application of Lord Aylmer. The Canadians were habitually vilified in that House, in a manner worthy of the Old Bailey.
To return to the narrative. Lord Aberdeen succeeded Mr. Spring Rice, and with his Lordship originated the bright ideas of sending out a Commissioner to Canada. But the Government of which Lojd Aberdeen was a member did not stand ; and his successors, improving upon his idea of a commission, formed one of three persons—a Whig, a Tory. Whig, and a Radieal.Whig. These men, with a Secretary, were sent to Canada to inquire into the grievances of the people. The Representatives of the People justly asked why Commissioners were sent out to ascertain what the people required, seeing that nobody denied that the House a Assembly was freely and fairly chosen by the people ? No reply could be given to this question ; but the Com- missioners went out. Their Report was a complete justification of the Assembly. They admitted, that for many years there had been con- tests between the Assembly and the Government, and that in almost every instance the Assembly bad been successful. How was this ? It was because the Assembly was right and the Government wrong. The Legislative Council, forsooth, was called the guardian of the Bri- tish interests : its mode of protecting those interests was exemplified during the residence of the Commissioners in Canada, by their rejec- tion of a bill for establishiug municipalities in the province. l'he Assembly was reviled as being French in its practice rind feelings ; but that body aimed at procuring English municipal institutions, whilst the Legislative Council stuck to the French principle of centralization. There was outcry against the Assembly because it bad not passed a Registration of Deeds Bill ; though in England Registry Offices were established only in two or three counties, and the English Parliament refused to pass a general Registration Act. But what was it that the Canadian Assembly did endeavour to perform for the improvement of the law ? They passed a bill which made it penal for a person to mortgage the same property more than once for a fraudulent purpose ; thus in some measure counteracting the mischief of the English laws which bad superseded the better French law known by the name of
Stellionat, by which offences of the description alluded to came under the class of felonies. The Legislative Council rejected the bill. Having given a sketch of some of the grievances which theCanadians complained of, and defended the Assembly from some of the charges brought against it, Mr. Roebuck proceeded to remark upon what he maintained was the chief cause of the revolt—Lord Russell's Resolu- tions. These Resolutions were placed before the Assembly of Lower Canada. The members of that body went to Quebec—he would pledge himself to the truth of the statement—with the determination of submitting to the Government, provided an opportunity were allowed of fairly representing their conduct to their constituents, with a view to satisfy them that they had done all they could. But the Governor demanded " money, money, money ;" all he had to say to them amounted to a demand for money. The Colonial Office bud sent out such instructions. A sort of semi-official list of members to be put on the Legislative Council had been handed about, but it was withdrawn ; nothing was said of reform ; the Governor only wanted money. The Assembly would grant no money, rind the session broke up. What did Lord Gosford then ? He had taken care to insult the great leader of the people personally before the meeting of the Assembly; and after the close of the brief session, be took measures which brought home the grievances of the Canadians to every man's door. He dismissed magistrates and militia officers by wholesale—men not accused of any crime, not connected with any faction, men beloved and respected by
account of speeches delivered at public meetings :hire ... ., ,. The Judges and the Sheriffs, who bad the power of selrs , ns juries, were all nominated by the Executive, and might be dismissed; its pin- sure. The accused persons said—" We will not stand the result f such
of these men have acted it d they
d a trial," and they went away; yet for this they were atigmati. with cowardice I How would the accusers been similarly circumstanced? Oh, but they deserted the people, instead of leading them ! Why, if they bad staid, they would have been throe' into prison, and then bow could they have aided the insurgents ? The Attorney-General got a party of Orange militia-men, and sent them to arrest two most respectable gentlemen, M. Demamy and M. D' A v ignon:— They chained these two men, put manacles on their hands, a chain on their feet, placed them in an open waggon, and he had it upon the authority of one of the people that they put a halter round their necks. He was the more bound to believe that they did so because they so treated a respectable person, the sou of the Surveyor-General of that country, and while suffering under his wounds dragged him many miles through the district. Well, what did they do with Messrs. Demarsy and D' Avignon? Instead of going direct to Montreal from ■ the place where they were arrested, they actually paraded those persons flirt...eh. out the excited district. What was the consequence?—Just what they them. selves expected : the peasantry rushed to arms and rescued the two Ines; whereupon the Government exclahned, .' We cannot suffer the law to be oppo. sed in this way : we will send out an armed power." They acco:dingly sea Colonel Gore to St. Denis and Colonel Wetherell to Chambly, who were is join each other at St. Charles. At St. Denis, the English ttoops were dis- persed ; but Colonel Wetherell arrived at St. Charles, and the people were di. putted. And what was the consequence?— Why, that an excepts after wards ;04 place at St. Chalice and St Denis on the part of the soldiery, only to be ec..d.
led by the scenes of slaughter at Tarragona and Badajoz. Nay, he had 1..1.6M information from a ;Magistrate of Lower Canada of his having sat in the midst of the most horrible scenes, and of being surrounded by the mangled bodies,/ those who had been slaughtered by the Benign troops—that those very Wits were the next morning eaten by the pigs—that many houses were plundered of all that was valuable in them—and that to his own knowledge those troops,
in the insolence of their success, had committed every species of outrieze which an infuriated soldiery were apt to comtuit, and this upon whom? —Upon our ! own fellow subjects. The honour of the British soldier had been spoken of ■ as involved in this affair • but it was not an exhibition in which honour caul be gained by British soldiers. No ; they were acting as police; and all that they could possibly do would, at best, be but a painful duty. But horrors such as these, atrocities such as these, were not to be spoken of, because fin sooth, it would be tarnishing the lustre of the British arms. Thank God, he thought much better of the lustre of the British arms than to ascribe it to such deeds a these.
It was the habit everywhere, nowadays, to speak of Mr. Papineau as answerable for all that had befallen his countrymen-
" Now, Sir, I am not one of those who have been in the habit of deserting a friend in need. In his most prosperous days I have thought myself honoured Icy the friendship of Mr. Papineau. I think myself so honoured now ; and when I review the political career of that man, raised as he has been to eminence by the sole power of his intellect, without the employment of one mingle disgraceful proceeding, I look in vain through the whole of that career for one act which deserves reprobation. True it is that he denounced in strong language the cee• duct of your colonial administration. I myself have equally condemned that administration; anti if there be guilt in saying that Canada has been ill- governed, that her grievances have been left uun:dressed, that her oppressors are men ever cruel, and now exasperated, I, Sir, am willing to partake of that guilt. Talk to me of being frightened at being called a traitor—at being tqls1 my life is forfeited—at the newspapers setting forth that I atn to be sent -111e Tower ! Yes, the Government organs and other portions of the press have ea• deavoured to excite the people against me, and induce them to believe that I and my friends could desire that which England could view as dishonourable. Do you think that 1 am to be frightened by such petty warfare? If I be guilty, why are there not those who dare accuse me lawfully? I want to know what is thought of the courage of those men who dare make these anonymous accusations, but have not the courage to support them by a eraninal prosects tiou? My papers have been seized (Considerable sensation.) Let them be produced. I have not run away ; because I know that there is a jury in Eng- land who will render justice to the accused, and—[the learned gentleman hen suddenly dropped his voice so as to render the close of Me sentence inaudible]. Where is the ground of all this accusation ? What I am anxious for is, to get laid before the people of this country whatever justification may be urged foe all the persecutions that have been Inflicted on the people of Lower Canada by the executive power. I want to know upon what grounds a justification can be put forth for harassing, persecuting and putting into gaol a whole body of men who have been the leaders of that people for a quarter of a century, upon ths mere affidavits and partial statements of persons whom the executive govern. Went know to nave been suborned ? And yet, with all this power in your bands, you proceed to suspend the Habeas Corpus Act and annul the construe tam. It may be conceived that to suspend the constitution was a happy thought. It is an act you have long desired, but you dared not do it until you got the people frightened by your proceedings into a revolt. But why step here? Why not suspend the constitution of Upper Canada? There is a re. volt, and you have not heard the last of it. Why not suspend the consttiutioa of Newfoundland ? There is a stoppage of supplies, and, you have riot heard the last of it. How comes it, by the by, that we never hear, through the medium of the Colonial Office, of some things that are taking place there as well as in Canada? how happens it that at the last election in Newfoundland you had cannon planted on the hill commanding the hustings, loaded with grape-shot? If you deny these things, I tell you there are wen here who can prove them."
The Canadians knew why they were oppressed : they were weak, and therefore England was unjust—
" Sir, you have granted rights to those who knew their power, and who, knowing, used it. It was by the power of their arms that the United Scant of America became free. The best rights of this country have been gained by arms. You taught the people of Canada the very lesson they have now carried out. I myself have seen in this metropolis things done and said during the passing of the Reform Bill, that, if you talk of treason, were ten thousand units worse than any thing that has been done in Canada. And who did those things?—The Liberal party. Who consented to their being done, and profited by them ?—A Liberal Adoduisdation. And then you wonder at what is going on in Canada ; and pretend to see a distinction which neither Washington nor Franklin could discover. The people of Canada say to the people of the United States,' We are in the same position that you were formerly in, but unfortu- nately we are only one million, while you are thirteen.' At the time of the Revolution, indeed, the United States were but about three millions .% but Eog• land is now an overwhelming power, while then she was not equal to combat with the world. Sir, can auy man wino reads the history of nations aright fail to condemn the impolicy of these proceedings? I entreat this House to view the consequences that will naturally result from this disastrous questioa-
1 we On Niter side of the St. Lawrence a nation now en powerful that we
can haregreeessure its extent ; e nation that has now dominion from Florida to the Laktief Cauada, and which, if we are wise, we shall take especial care has so increase of territory. If we were wife we should Kee and arrange all matters in Canada and in our other North American possessions, so as to prepare them, when a separation shall come, as come it must, to be an independent nation. But if you treat them as you are now treating them, all their hopes will be centred in America, and, unhappily, all their alliances will he American; and when we lose Canada—as lose her one day or other we shall—she will merge in the United States, and then we shall see that nation stretching its power fl ern the Gulf of .11Iexieo to the Northern Pole, with her fleets in every lee, and her insolent dominion overriding every power; for men, whether uoder geed or had institutiums, if you make them irresponsible will be unjust. Then, in your turn, you will have to meet the injustice of too powerful America, in like manner as Canada has now to meet the injustice of too powerful Englund. Sir, I ant sorry that on me shoeld devolve this great argument. I feel that 1 have wearied you: I feel that I have been inadequate to the great task which a nation's struggle has devolved upon me; but I hope, while I have addressed you, that 1 have not forgotten, in the zeal of my mica- mu, that I am one who was born of British blood. I have spoken from my kart as one whose whole interests are bound up in the honour and glory of my country. I feel that that honour and that glory arc now at stake; not that factitious honour which is to be derived from power, or whatever is successful in possession and prosperity, but that honour which is to be derived from the wisdom, the justice, and the benevolence of our rule. I find that the benevo- lence, the wisdom, and the justice of our rule are about to he infringed, and that in all of our American colonies that now remain to ins will by and by in another page of history be repeated the calamitous story similar to that which is already upon record ; and then, Sir, as the last ship of England leaves that Welted coast, with its millions stretched along its Acne@ sl.outing impreca- tions after her, you will feel, and not till then will you feel and know, your own iajustice. Sir, I have done my duty."
Mr. Roebuck retired, and took a seat below the bar.
The SPEAKER put the question that the " bill be committed."
Mr. HUME, who considered it unnecessary to address the House at length after the able speech delivered by Mr. Roebuck, moved an amendment that the bill be committed that day six months.
Sir GEORGE GREY rose to reply to Mr. Roebuck. The reporters complain, that owing to the low tone of voice and extreme rapidity with which he spoke, they were unable to give a good account of his speech ; and it is therefore only possible to give a general description of it. He maintained that every financial grievance of the Canadians had been redressed, and that the Assembly had therefore fallen back upon unconstitutional and unjust demands. He denied that Lord Dor. ebester's message went any further than to pledge the Executive that the casual and territorial revenues should he expended in colonial pun poses. It was manifest that moiling would satisfy the Assembly short of the introduction of the elective principle into the Legislative Council ; and such a change of course could not be made. Had the names of the new members proposed to be introduced into the Council been announced art an earlier period, he was persuaded it would have made no difference. He protested against the calamities on the British Army in which some Members of the House RS well as Mr. Roebuck had indulged, on no better authority than anonymous newspaper pare- /mph,' ; and maintained that no unnecessary severity had marked the sennvet of the British soldier) in Canada.
Lord FRANCIS EGERTON contended that the Government in Canada had been guilty of negligence, vacillation, and gross imprudence; and be referred to the correspondence between Lord Cilenelg arid Lord Gesfurd to show that the Colonial Office was implicated in the mis- conduct of the Colonial administration. He would not allow that it was a sufficient reply to the charge of having too small a body of sol- diers in Canada, that they were sufficient to auppres.r the revolt—they ought to have been strong enough to have prevented one.
Mr. LEADER entered into an animated defence of the Canadians. He quoted passages from the despatches of Colonel Wetherell, Colonel Gore, and Lord Gosford, to prove that the cruelties charged against
the British troops had been really perpetrated ; and with respect to the facts mentioned by Mr. Roebuck, he stated that they rested not
In mere newspaper authority, but on that of an Engiish gentleman 'fetidly arrived from Canada, and who was unconnected with " trea- sonable practices." Mr. Leader. was at some pains to show that praise of the Tories for their Colonial administration was unfounded, as most of the evils that now exasperated the colonists were the fruits of Tory mi-rute. He deeply regretted the course taken by the daily press on this subject. As for the attacks on himself, he despised them—.
" The Canadians have been grossly calumniated, their Assembly misrepre- sented, and the worst passions of the people of this country have been appealed to in order to excite their bitterest hatred against the Canadians, who ate held ap as fit objects to he reviled and oppressed, because they are of French origin sad of the.Roman Catholic religion. I grieve that Englishmen—men 0411111ent and of learning—having received a liberal education, and fully aware of the von injustice they were committing and of the miseries they would inflict on a whole people—should have had recourse to means so utterly base and despi- cable. As for their attacks on me and others in this House, I freely forgive them. Their attacks are not very terrible, and they think, I suppose, that parrywpirit justifies them in slandering and misrepresenting a political op n. N at. But their attacks on the Canadians do not deserve to be so easily for- given; fur they were cowardly, malignant attacks on the lives and the liberti, sf the Canadian people. When I see myself and others pointed out to public indignation as trauma to England, I have this consolation, that the men who deprecated the American war were in like manner charged with treason to their country. The public voice has decided in their favour, and so I feel thoroughly senvinced it will at no distant period decide for us. For myself, I can only say that I have acted in this affair to the best of my judgment, with an anxious desire to aid in the settlement of Canadian differences, and, as I conscientiously believe, in the way best calculated to promote the public welfare. There is not a am in this House who would sacrifice more for the honour and prosperity et England than myself I have as deep an interest in the country as most ran in this house ; yet I and others are held up as traitors to our country, because we venture to offer an opinion as to the best means of putting down the revolt, the best means of preventing its recurrence, and as to the causes which led to it."
Mr. EDWARD RICE lauded the conduct of the Government, and Iteornmended the Canadians to appeal to the justice of the British House of Commons.
r. PACEINOTON charged Ministers with being the guilty cause of all the evils that had occurred. As for the Canadians, they bud no excuse for revolting, as all their grievances had been redressed, or were in the course of removal at the time of the outbreak.
The debate was adjourned, on the motion of Sir WILLIAM MOLES- WORTH ; and the House rose at twelve o'clock. .
The discussion was reopened on Tuesday by •
Sir WILLIAM 31oeeswowrit ; who declared his intention of op- posing the further progress Of the bill, although he had no objection to the appointment de person to administer the affairs of Lower Canada. and to reduce the peep le, if possible, to contented allegiance. He also highly approved of the n'electiein of Lord Durham fur that important office ; but at the same time considered it essential to the success of his mission that he should free from theaontrol of the Colonial Office.
The necessity of sendin rd Durham on so extraordinary a mission proves of itself that the head of Colonial Office has been and is unable to carry on the administration of the a ire of Canada in the ordinary manner—that he has
permitted evi arts to occur which render it imperative to place in other hands an extraordinary control over e province. Her Majesty's Ministers have selected the peteon v. leen they dm: fittest for the office yf the Governor-General ; it would therefore he most a urd to shackle him in any way by the orders of per inns who ate virtually acknowledged to be either less capable than himself, or to be of proved incapacity. In proportion as Lord Durham is independent of the coati al of the Culoaial Office, or even of her Majesty's Government, in exactly the saws ratio will the probability of a successful termination of these ultdrs increase. This count!), in its conduct towards Canada ought uuw to neknoe Ivilge that there are long-standing grievance., which ought slid must be redressed ; that its rulers have been to blame for having so long neglected those wrongs; that it is most sincerely anxious to make every reparation in its power for the negligence of the authorities; that in earnest of its sincerity it has taken the adminiatratiou i f the affair a of the province out of the bands of the ordinary authorities, and intro-tea Lord Durham with plenary power to accomplish the benevolent intentions of tl e Mother Country."
Sir W'illiem stated many of the grievances of the Canadians ; -the existeneq ofieli he mainly attributed to the systematic mist-armee-es ment bf 'lite colony by the Tories. The present Colonial system was such, thVet who would be Minister, the Colonies were misgoverned- " The Co nnial Secretary seldom remains long enough in Ins office to become acquainted with the concerns of the numerous colonies which he governs. In the last ten years there have been no less than eight different Colon' tl secre- taries. They have seldom therefore the time,, and still more seldom the inch. nation, to make themselves acquuinted with the complicated details of their office; their ncecos uv ignorance lenders them merely tools in the hands of the permanent undel..m..retarics and other clerks. Sir, it is in the dark recesses of the Celonial Offiee, in those delis of peculation and plunder, it is there that the real and irreeponethle rulers of the million. of inhabitants of our colonies are to be (mind. clop there are utterly unknown to fame ; but for whom, I trust, some time or oilier, a day of reckoning will mune, when they will be dragged before the public and punished fee their evil deeds. These are the 'lieu who, shielded by i: responsibility and bidden from the public gaze, continue 'heroine system of ini government under every party which alternately governs the destinies of tide empire. By that misgovernment they drive our colonies to deeperation; the! connive at every description of abuse, hecauee they profit by abuse ; they deklid cviry epecies of corruption, because they gain by corrup- tion. Thee, ins, l iii.w denounce as the re igioateu a mid eerpetratel a of muse grievances 1:, Celia:la, the evil effects of wit: .b this country has already begun to exile' ienCe."
I I e dial not ri tract a syllable he had- formerly uttered with reference to the stn igele in lower Canada- " With regird to 0 c issue of the struggle which is now taking place in our North A mer,ean en'ouies. I have all eaily txpre-sad what are my Iowa, my fears, and my wishes. roc sit doing I have been held up to eublic indignation, and reecived unti,a‘uri 11 abuse. But whether I am deneuectel as a traitor or rebel in the COM ;. ■ ll■ 111(.11;11 •Oillt a hat Os iri:.otne tones of the noble lord the Merrilev 1. r sow Ii Larreashiie, or in the m•re energetic vituperations of interested orators, is a II:alter to me of utter itelifferenee. Not one expression which I insist, not one opinion which I uttered, not one geoid which clamped from my lips with regard to this question, do I in any way regret or retract; and if I do not at the present moment reiterate these sentiments, it is partly out of respect fir the feelings of this assembly, partly because I cannot find terms strong enough to embody my senors cots, and partly because I wish no longer to trespass upon your patience." (Cheers.)
Mr. Salim Oilmen supported the measure.
Mr. WILLIAM WILLIAMS bud heard no arguments that convinced him of the necessity of suspending the Canadian Constitution, and would therefore vote against the further progress of the bill.
Mr. EDWARD BUMPER cordially thanked Ministers for their ad. mirable measure for the pacification of Canada. Mr. Roebuck had no doubt made the most of his ease ; but, considering the flourish of trumpets with which be was announced—his solemn menaces of preying highs crimes and misdemeanours against Ministers—the length and elaborate bitterness of his oration—he must say that be never knew a speech with so formidable an exordium arrive at so feeble and impo- tent a conclusion. Mr. Bulwer ridiculed the speeches and opinions of the " philosophical Radicals"— " Look to the views, the intelligence of the party deluded by Mr. Papineau. Fortunately, the merchants of Blighted, ;thou, the honourable Member for London represented, knew that that patty had professed the most benighted hostility to all the principles of commerce itself. But did the honourable Mem- ber for West minister iti hie harangues at the Crown and Anchor—did he tell his admiring audience what is was that the Papineau patty were moat wedded and attached to? Not the great and wise institution, of this day, but to the worn- out and obsolete etc:touts and feudalieme of fuur cents"' ies ago. Aud the honour. able Member for BthIpert and those who were called philosophical Radicals- (" Hear, hear ! "nod a langl,),— and mould wisely proportion the extent of popular suffrage to the amount of popular education, were they not aware that till within the last seventy years printing-presses were forbidden at Canada; that at this day the vast majority of the electoral pupulation could neither read nor write, and that it ',hen happened that a foreman of a jury could not give in the verdict from the inability to read it? Was this a colony fit for indepen- dence? Why, if it were a Republic to-morrow, it would be a monster in Ws- lation—half jacolenietn, half feudaltem. The noble lord the Member for South Lancashire had said something relative to Whigs and Radicals which induced him to make one remark He wished the House and the country to observe that it was the same small and isolated knot of geutlemen who cache first day of this session declared so much contempt of the Reform Bill, and so much hos- Wily to the Government, who now differed also from the whole people of Eng- land in their sympathy for a guilty and absurd revolt. Whether those gentle. men called themselves Radicals or not, the great body of Liberal politicians neither agreed with them in their policy for Canada nor their principles for England. In the one, whether Radicals or Tories, the vast majority of think- ing men were equally zealous for the honour of England—equally concerned in her struggles—equally proud in her glory, or sorry for her reverses. In the other, the Liberals of that House and country were resolved, it was true, to maintain and enforce their sentiments, whether differing from the Opposition or the Government; but they were resolved to do so without ingratitude for past popular concessions—without a bigoted rancour for honest differences of opinion ; and they and the people of these realms cordially rejoiced that that House supported her Majesty and her Ministers in this attempt to save Canada from the hell of her own factions, and to save the commencement of this reign from the contempt of Europe and the melancholy retrospect of posterity." (Cheers.) Mr. GROTE had not expected an unmeasured denunciation of the small body of Radicals, as Mr. Bulwer called them, in a speech on a bill for providing a temporary Government for Canada— He could not help thinking that the occasion taken for making that denun- ciation was as unseasonable, as the tone of it was in his opinion, undeserved, and improperly harsh and severe; and he also thought that when the honourable gentleman condescended to ridicule his honourable friend the Member for Brid- port far doing what Mr. Bulwer must have known his honourable friend had never done in his life—that wag, to call himself a philosophical Radical—the honourable gentleman might have recollected that the words " philosophical Radical" were at least as respectable as the terms "literary Whig," which might be applied to other gentlemen in this House. (Cheers and laughter.) He expressed his approbation of the appointment of Lord Durham, but denied the existence of any necessity for suspending the Consti- tution of Lower Canada— The allegation upon which the preamble of this bill was founded—and most certainly, when they looked at the enactments of the bill, the allegation ought to be well and sufficiently made out—that allegation was that the House of As- sembly could not be asembled without serious detriment to the interests of the province. He must say that that allegation, however emphatically asserted and laid down, had never been to his satisfaction made out. He did not see what harm the House of Assembly could do if allowed to meet. He thought there was every sort of chance that it might exhibit a much more harmonious and tractable spirit than ever existed before.' Give him leave to ask the noble lord how it was that when he sent out to the colony the announcement ofethe choice which be had made of gentlemen to till the offices of legislative councillors, be had contrived, either by accident or design, that the nett/ad the appointment should not reach the colony before the meeting of the House of Assembly, on the 8th of De- cember? Had they given that body a fair trial ? Did they know what its sentiments would have been when the appointments were declared ? He had most carefully read the address which had then been agreed to by a majority of that House when it met, and also the amended address, which received the sanction of a large majority of that Assembly, and he found in each most remarkable internal evidence of a desire that such appointmenteshould be made to the Legislative Council as would have permitted the Assembly to go on at least for a time in harmony with the Legislative Council ; and he thought that Ministers should have given a fair trial to the working of the council with the new additions. If the experiment had failed, neither this country nor the colony would have been worse off; and if it had succeeded, Parliament would have been relieved trom a serious difficulty, and from thenecessity of imposing upon the colony a bill which would not fail to produce a relucyant Ullfi irritated state of feeling throughout the province.
He considered it essential to the success of Lord Durham's mission that he should be freed from the manacles of the Colonial Office.
Sir EDWARD SUGDEN delivered a legal argument to prove that the casual and territorial revenues of Lower Canada passed from the Crown of France to the Crown of England at the conquest of Canada, and be- longed legally and of right to the Sovereign of England. lint as the matter now stood, they were placed at the disposal of the House of Assembly by Lord Ripon's Act of 1804. There was no ground for charging the Assembly with breach of faith because they refused a per. manent civil list in return for those revenues ; but as the clear un- derstanding was that the revenues were given up for a civil list, the matter ought to have remained in atdtu quo, upon the refusal of the Assembly to fulfil the expectation of Lord Ripon. He abstained from commenting on the conduct of Ministers, further than to say that he disapproved of it ; and with respect to the suspension of the Canadian Constitution, he only consented to it on the most serious grounds.
Mr. Lem:cut:Re had trot altered the opinion he had always ex- pressed, that any constitution that might be framed for Canada muatt rest upon the basis of popular election ; and the most satisfactory pars of the proposed measure was that which guaranteed a return, as soon a practicable, to a constitutional government. Notwithstanding his con, nexion with Ministers, he must say that they had been guilty of errors ' but at the same time, to assert, as Mr. Roebuck had done, that the measures of Government had driven the Canadians into revolt, was nothing more nor less than an attempt to mislead the House.
Mr. GLADSTONE enlarged on the great advantages which Canada de- rived from the connexion with this country; and quoted a speech deli- vered by Mr. Pspineau in 1820, in which the blessings of English sway, when contrasted with the evils of the old French despotism, were thankfully acknowledged. Mr. Gladstone cited passages from Lord Gosford's despatches, to prove that abundant warning had been given of the treasonable plans of the rebels, but no efficient measures taken to prevent their execution.
Mr. SPRING RICE defended Lord Gosford and the Colonial Office : he rejoiced that if they had committed any fault, it arose from reluctance to resort to arbitrary measures and a military force for the suppression of popular discontent. He denied the truth of Mr. Roebuck's statement that he bad promised that no money should be paid to official persons in Canada by the Mother Country. The precise contrary was stated in his public despatch which was laid before the Assembly. Was it credible that he should have privately contradicted a statement in his public despatch?
Sir ROBERT PEEL said be had promised to support a measure for suppressing a revolt in Lower Canada, but the bill before the House was a measure of a far different nature. It suspended the constitution of an important colony. He had come to the conclusion very re- luctantly, that this was a necessary proceeding, and so far, therefore, be must support the bill. He thought it unwise to call the Assembly to- gether, unless they were prepared to abide by its decisions, and impru- dent to dissolve that body for the purpose of electing a new Assembly. To summon the Assembly and then continue it in nominal existenec
'4\ only from year to year, appeared a greater insult than to ? vet its was pro. meeting at all. On the whole, he felt satisfied that the least to take the defined course of suspending the constitution of vince. He would not object to confer necessary powers on tiie per. son to be sent out to Canada to administer the affairs of the colony• and in considering this part of the question, he kept out of view entirel; thetndivicival selected by Government. It was an effeminate Ind de. basing way of dealing with so important question, to allow the pers... nal character of the Governor to influence the decision of the House, That was a point which sunk into insignificance when sa great a constitutional question was to be discussed. But though he was willing to invest the Governor of Lower Canada witk all necessary powers, he would not give him more authority than the temporary exigency of the case required. He would not consent that the Committee of Councillors to be summoned by Lord Durham' should be recognized as having a representative character and capacity, Would the House delegate to Lord Durham the power of electing re. presentatives for Canada ? Would they do this after suspending the constitutional tight of the people to choose their representatives them- selves? But granting that in Lower Canada a case could be made out in justification of such a proceeding, what would be said of Upper Canada? What had the people of that province done that they should be deprived of their constitutional rights ? Was it to be said that by the mere exercise of its prerogative the Crown could suspend the Cos. stitution of Upper Canada ? He trusted that the high character of Lord Durham would not prevail upon the House to sanction a pre. ceeding as indefensible as any act of any European despot. It was attempted, by a tortuouslimplication in the preamble of the bill, to ob. tain the consent of the House to this most unjustifiable and dangerow principle. Let the Ministers of the Crown bear, as they ought, the entire responsibility of the measure. He objected to the power given by the bill to the Queen in Council to repeal the act. There was no knowing to what this might lead hereafter. He never would authorize the Crown of its own sole power and authority to annihilate an enact. meet of the Three Estates of the realm. Again, he would not consent to that part of the bill which gave the Governor the initiative in all motions in the assembly of councillors, who were to assist him by their advice. This would give the sole power of proposing any subject of deliberation to the only person in the Council who would be ignorant of the actual state of affairs. Passing from this part of this subject, Sir Robert proceeded to arraign Ministers for the mismanagement of affairs in Canada. He denied that the Duke of Wellington had sp. proved of the nom augmentation of the military in Canada. The Duke said that the troops taken from Nova Scotia and New Brunswick ought to have been replaced by a force from Europe. The authority of the Duke of Wellington, so fur from being ajustification, went is condemn the conduct of Ministers. Sir Robert then, in strong terms, reprobated the neglect of Ministers in not taking precaution to prevent the revolt in Lower Canada. Lord John Russell's Resolution, were sure to aggravate the feeling of discontent. It was said that there was also conciliation in the Resolutions ; but their conciliation lost much of its grace by the tardiness with which it was displayed— The members of the Assembly were invited to be parties to certain resolutions, ten in number, the most important of which was the eighth ; but the Houlera Commons dill not accompany this demonstration of vigour without some cowens salon in the shape of promises. The House was invited to accede to two resole. tions, one of which stated that it was inexpedient to make the Legislative Council elective, but that it was advisable that measures should be adopted for securing to that branch of the Legislature a greater degree of confidence ; and the other resolution stated, that whilo it was extremely desirable to improve the comps sition of the Executive Council, it would be unwise to submit It to the responi• bility demanded by the House of Assembly. • Now would it not have bees advisable when they communicated to the House of Assembly the measures violence that they should also have communicated to the House of Assembly the perfection of those measures of grace with which they were to be acorn. ponied ? If they were not ready with those measures for the improvement d the Council, why not suspend the meeting of the House of Assembly until they were ready ? Why leave it to the Governor, after he had apprized the Hoes of Assembly that the House of Commons had determined to take their money— why leave it the Governor to make the unsatisfactory communication that Is was sorry to say that he had nothing positive to communicate about the in. prevenient of the Legislature or the Executive Council, but that measures d improvement were under consideration? Would it not have been rational te have postponed making this communication until the Governor could is be• fore the House of Assembly the series of measures of improvement which le hail to propose? It would have shown them that the House of Commons, whoa they conseuted to measures of necessary violence, was nut so irritated as to rt fuse at the same time measures of redress. ( Cheers.) When they commune cated their intention to take the money, they should have also taken into cots sideration the improvement of the Executive Council, and they should hare made known the names of the men whom they meant to propose. Could they state any valid excuse for not having done so? He had looked through the despatches of Lord Gleuelg on this subject, and he found them the worthy echoes of those of Lord Gusford. He found in the series of despatches army declarations that there was now no time for vacillation, that they must now Is vigorous, that there must be no further delay; there were endless demolition tions of this sort, but the only real demonstration of promptitude and vigour was the acceptance of the resignation of the Governor. Lord Jou N RUSSELL said, that though objections had been raised to tit measure before the House, he wished to know if any Member was pi- pared with an alternative ? Sir Robert Peel had been guilty of greeter exaggeration than he ever remembered him to have indulged in before. He charged Ministers with putting certain provisions in the bill to gin it a semblance of liberality which it really did not possess. Now, he de- nied that to summon an assembly of Councillors to assist Lord Durban was a delusive measure. It was a natural and prudent course to take. He had observed symptoms of coquetry, not for the first time exhibited as that evening between gentlemen opposite and some Members on his side of the House. Very marked compliments had been paid to Mr: Grote. (Cries of " No, _no ! ") He saw no force in Mr. Grates argument, that if representatives of the people could be safely cote vened und.er the bill, the Assembly might be summoned— Suppose that peace was restored—suppose they convened the Asira.tblr they would only bring together a body which, in its present state of irritate! would say, " Give us an Elective Council, or we will not vote the supplier;' while the Legislative Council would declare, that if they were made elect"! the Constitution would be destroyed. Thus, then, there would soon be se we
of the meetings of the Assembly. But if they collected a body consisting not c of persons selected from those two bodies, of persons representing the faeli yti of Lower Canada, but also some who would represent the feeling of the 14,,er Province, together with some members of the Legislative Council, then they would have some chance of seeing the matter, in dispute satisfac. Wily arranged.
He contended that Ministers were justified in introducing words into the preamble which informed Parliament of the course they intended to take. No part of their measures should be concealed, lest after. wards Parliament might disapprove of them. It was not intended to interfere with the constitution of Upper Canada ; it was only proposed to select certain persons to confer with others chosen from Lower Ca- nada on the subject of grievances affecting both provinces. He still maintained that the Duke of Wellington's authority was with Minis- ters on the subject of augmenting the force in Lower Canada : at the same time, he would not dispute his opinion as to the expe- diency of sending troops to New Brunswick and Nova Scotia. On such a point there was no appeal from the opinion of his Grace. In justification of Ministers from the numerous charges brought against them, he would affirm that their sole desire and aim was to grant the Canadians a constitution agreeable to their own wants, wishes, and habits- " Undoubtedly we cannot govern them as we might govern an island in the Mediterranean, or a kingdom in the East ; but by carefully tempering our rule by adapting our laws and institutions, from time to time, to suit their habits —I think we may preserve a connexion which will be honourable to ourselves, which will be advantageous to them, by which the great fame of this country will not suffer, and by which our empire will not he diminished. This is the end to which I look, especially in the instructions referred to, in which the Earl of Durham is authorized to invite the assistance of other persons before he transmits to this country any plan for the permanent government of Canada. If any person can devise a better way than this, let it be proposed ; but I own it appears to me as the best means of ascertaining the wishes of the people, and of obtaining the desirable results we have all in view."
Mr. WaneunroN said, that he would not at that late hour trespass on the patience of the House, but would state his opinion of the bill at a subsequent stage.
The House divided—
For going into Committee 262
For Mr. Hume's Amendment 16 Majority 246
The House, on rising, adjourned to Thursday.
On Thursday, Lord Jouw Russsi.s,lon moving the order of the day for going into Committee on the bill, stated that be had a great num- ber of verbal amendments to propose, and that it would be convenient to go into Committee pro forma, and have the necessary amendments made.
Sir ROBERT PEEL—" When do you propose to go on with the bill ? "
Lord JOHN RUSSELL—" I shall be ready to go on with the bill to- morrow. The amendments are merely verbal, and do not affect the substance of the bill."
Sir Roster PEEL-4( I do not see why we should not go into Com- mittee to-night. The noble lord promised to proceed with the bill de die in diem. If the amendments are merely verbal, there can be no in- convenience in discussing the several clauses."
Lord JOHN RUSSELL had always observed that there was difficulty in understanding clauses as amended, when put by the Chair, if the amendments were not also in the bands of the Members.
The order of the day for going into Committee was read. On the motion that the Speaker do leave the chair,
Mr WARBURTON rose : be was anxious to state his reasons in sup- port of a plan for arranging the difficulties with Canada which be had submitted a few nights before. He was convinced that an amicable separation of the Colony from the Mother Country would be the only radical remedy. He admitted that this country had conferred the greatest possible boon on the colony in 1791, by granting it a free con- stitution : but the Governors of Lower Canada had uniformly counter- meted the efforts of the colonists to derive practical benefit from their constitution, and obtain a full recognition of their liberties. The Assembly of Lower Canada had been charged with ignorance, and the desire to perpetuate ignorance among the people: but this body had voted 24,0001. per annum—no less than 10 per cent. of their entire reve- nne—for national education. Was the British House of Commons pre- pared to make a similar grant ? If not, let there be no more taunts against the Assembly, as a body deficient in civilization, and lagging behind the spirit of the age. It was manifest from the petitions, not only from the Canadas but all the British North American colonies, that the people desired a responsible executive as well as popular repre- sentation. By a responsible executive was meant, the power to dismiss Ministers in the colony whose conduct was not in conformity with the wishes of the majority of the Representatives of the People. What was the reply to this demand ? Why, that a responsible colonial exe- cutive was incompatible with colonial government. Well, then, it followed that the standard by which measures were regulated was not whether they would promote the advantage of the colony, but whether they would perpetuate the superiority of the mother country. Disaf- fection was the inevitable consequence of this policy. The state of society in a colony was essential* democratic; but the aim of the British Government was to raise up an aristocracy in Lower Canada ; and laws were framed for that province unsuitable to the state of society there. It was the vainest thing in the world to attempt to raise up an aristocracy in a country where there was an equal distribu- tion of wealth. It was said that the Canadians were very happy, and enjoyed an abundance of physical comforts. It had always appeared to him that men so circumstanced were the fittest recipients of free institutions. Their possession of physical comforts was the best possible argument for granting them extensive political rights. He would say, " Emancipate your Colonies,"—not hastily, but let mature consideration be given to a plan for forming the North American Colonies into one grand federal union. But the colonists themselves do not demand emancipation. There was a good reason for that, as long as every person who expressed a desire to be rid of the domination of England was denounced as a traitor. Stress ,' was laid on the difference between the two races. Before 1828 the two ; races in Lower Canada had united in a common remonstrance against the misgovernment they endured ; it was the spirit of Orangeism since introduced that had produced enmity between the two races. In the United States, Englishmen, Dutch, Germans, Swedish, and French, all lived harmoniously together, because under equal and impartial laws. It was said that emigration would be checked by emancipating the Colonies ; but 60,000 emigrants went annually to New York alone. and only 30,000 to the British Colonies,—a fact which went to show that were theDolonies emancipated emigration to them would be increased, I not diminished. The trade with Canada was made much of. He did ' not undervalue the timber-trade, but had always argued against the monopoly of it. Of 1,500,0001., thelotal exports from Canada and New Brunswick, 1,100,0001. was in timber ; and he would rather give the monopolists compensation than go to war for the preservation of the trade. But the power of England must not be diminished. To this be replied, that a colony in a state of disaffection or revolt was a source of weakness, not of power. It was admitted that the connexion with Canada occasioned greatpecuniary loss to this country. It was not doubted that the period of separation must arrive. Was it prudent to wait till the Canadians were strong enough to compel acquiesence ire their demands? Now separation would be received as a boon ; and all questions which might,arise would be settled in a spirit of amity, so as to suit the interests of this country. He much regretted that the power given by the bill to the Governor. General did not extend to all the North American colonies, with a view to the formation of an ex- tensive federal union, which might prove hereafter a counterpoise to the power of the United States. The measure was far too limited in its extent, and be would oppose it in every stage; but would not divide the House till the third reading, when he hoped a strong protest would be recorded against the bill.
Mr. ELLICE approached the subject before the House with reluc- tance and difficulty. But being apprehensive of the consequences in Canada of a great division on any part of the bill, which might le a a mistake in the colony as to the feelings of the people of this count
on the subject, he had thought it his duty to offer to the consideration of Ministers the suggestion, whether it might not be possible to alter the preamble of the bill, so as to produce unanimity. (Loud cheers and laughter from the Opposition benches.) Gentlemen might take that statement as they pleased. He had no party purpose to answer; but be had a strong personal interest in the subject, which indeed was the
reason why be bad hitherto abstained from taking any part in the dis- CUtiSiOn of it. Five minutes before be entered the House he had no intention whatever of making the proposition alluded to; and he ap- pealed to the Ministers below him, whether he had said any thing on the subject, except a few words to Lord John Russell just before he entered the House. Mr. Ellice proceeded to state his reasons for supporting the bill. In 182.2 the Government of this country bad, at his suggestion, introduced a measure for the union of Upper and Lower
Canada. It was then, as now, bib chief desire that the colonists should
have the benefit of free institutions. He was bound to say that the Government of this country bud not acted on the principles be bad always advocated. Pe did Hot think that the coloniqs had been treated fairly. They should have been told distinctly what they wick and what they ought not to expect from this country. lf he Government should have distinctly refused to place the revenue of Lower Canada under the control of the House of Assembly— The government of Canada would be as impracticable as the government of Ireland would be, if one party were allowed to hold the purse-strings of the state, and to say whether or not they thought it fit that the public officers of the state should be paid. Suppose the Lord. Lieutenant of Ireland were to be placed in such a situation, with two rival parties in the country, that the party which, as he thought, (although, perhaps, the honourable gentlemen opposite might differ from him on that point), had just raised themselves from a state of oppression under which they bad long laboured, was to be intrusted with a do- minatiou over the party by whom they had formerly been oppressed, what would be the inevitable consequence? It was well known that an oppressed party, when their turn of power came, became the greatest oppressors. It would be impossible for this country to administer the government of Canada if the purse- strings of the province were to be placed in the hands of one of the parties. It was on that account that he differed entirely in opinion from Lord Goderick when that noble lord gave up the revenue—the only means by which it was Bible to govern the conflicting parties in Canada. That revenue having. abandoned, he well knew that other demands would soon be made. Before making such a concession, they ought to have considered what practical means existed of carrying on the government of Canada. It was all very well to talk of a system of liberal government. Those who knew him knew very well what his political principles were ; and he believed he should never be accused of shrieking from the assertion of liberal principles, or from the application of those principles, in aoy case in which they were applicable. It might be said that it was proper and necessary that • nation should be governed by means of the majority of the people. In ordinary cases he admitted that that principle was perfectly correct ; but the application of it to the existing situation of Lower Canada would never be approved of by those who calmly considered the feelings, passions, and prejudices of men. Lower Canada never could be go- verued by the majority, neither would it be possible to govern it by the mino- rity. Government ought to have kept in their hands the means of paying for the administration of .justice and for the other civil expenses of the province. When they were required to surrender those means, they ought to have refused to do so, and to have said at once, and without hesitation, "IVe will nut give op that which alone will enable us to hold the balance between the two rival par- ties." That was his opinion with respect to the manner in which the govern- ment of Lower Canada had been conducted ; and he would new tell the House that no settlement of the existing differences could lead to any thing but civil strife, which, in the anomalous state of that country, did not give the Crown the power to become the arbiter between the two parties.
To assent to the demands of the Assembly would be to put the power of the state entirely in the hands of the French party— He had himself, when in Canada, told Mr. Papinesu that it would be im- possible to grant an Elective Legislative Council, for the English inhabitants of Lower Canada well knew that such a meaure would inevitably place them in the hands of the French party ; and therefore that the British Government could not take such a course, if the connexion between Canada and Great Britain was to be maintained. What would have been the case if, instead of altering into the contest, now he hoped at an end, the Queen's troops bad been with- drawn from Canada? Could the Canadian people have governed themselves? / He knew stry we 1 the ewe of education in that country ; and he knew that not one Canadian or that Lot twe Canadians in a hundred, could re tri and write. What, then, meet have occurred if the British troops had been with- draws from Canada, ar,d it the Canadians had been left to themselves? III 1+1%5 bat place, there would have been a most sanguinary conflict in the pro- viso.; for the British party could not be expected to yield without a struggle. This conflict mast have been attended with great lees of life, with extensive Miry of every description, and with a dissolution of the very elements of society that it would have taken many yeats to repair. If they lied been defeated, the English in Canada would have become mere hewers of wood and drawers of water, the very off•scouringe of the population. In such a conflict as he had imagined, it was to be expected that the inhabitants of some of the meighboirieg American States would have afforded their assistance. It was well known that the power of the United States to prevent their citizens from taking part in such a contest was very limited. But did the House imagine that the sympathies of these Americans would he all one way ? Did they sup- pose that those sympathies would be all with the English race? And, besides, bow easy it would be to divide Canada among the States of New York, Ver- mont, and Maine. And without imputing any improper motives to the citizens of the United States, everybody knew that they considered their government a good one for their neighbours.
He was convinced that nine-tenths of the misery the Canadians now endured was suffered in consequence of the bad advice they received from people in this country. (Shouts of" Hear, hear !") He did not mean to charge those persons with any thing worse than acting on mis- taken principles; but he did believe, that in addition to those preju- dice. which rendered them an easy prey to the delusive statements of their leaders, the poor Canadians had been influenced by statements of Members in that House with reference to the land in Canada which would be at their disposal in the event of success— In the state of New York, at the time of the American Revolution, his family were in possession of large landed property. They were not American citizen—they were in fact considered as alien enemies ; but was their property less respected on that account ? On the contrary, he had reason to know that the governing authorities in the state of New York evinced the utmost dispo. sition to protect that property, and went out of their way for that purpose. He did not believe, however, that the temptation which had been this held out would be very extensive in its operation. The poor misguided persons who fought at St. Charles, he was sure, had no such motive; and with respect to the Canadian population in general, he must say that be had never met with so contented, so happy, so good a people. It required a strong temptation to induce such persons to take any violent course. In speaking of Mr. Papineau, he must say, that when he knew him he appeared to be a tnan of talent:, and blameless in his conduct. It was evident, however, that when his passions were engaged in any cause they carried him beyond self-control. Mr. Pap:- neau was undoubtedly the leader of that party of the Assembly with whom all these unfortunate occurrences bad originated. It remained to be seen how far he could acquit himself of having encouraged them. If the revolting portion of the Canadian community had been successful, the only result of tat success would have been that they would have placed themselves in a moil worse con- dition than before.
With respect to the bill before the House, be disapproved of the spe- cific instruction given to Lord Durham to summon a Council of Ad- vice. He did not see why Lord Durham should not be simply em- powered to adopt such measures, as, utter inquiry an di consider', lion, lie should deem best, to ascertain the feelings and wishes of the people. He also disliked the bad precedent of authorizing the Queen in Connell to repeal an Act of Parliament ; and hoped Lord John Russell would Dot come to a hasty decision on that point. lie really thought that be saw daylight breaking in upon the mist that surrounded this question. He was in hopes that the difficulties might be settled wit hout givi::g preponderance to either party in Lower Canada. Again h., ri qn,isted Lord John Russell to consider the preamble of the bill.
Lord JOHN RUSSELL differed with Mr. Ellice as to the policy of jiving up the Crown revenues in 18;31: though not 11 en a tilt :idler of the Cabinet, and therefore not strictly responsible fur that act, lie still, on the woole, thought it judicious. With respect to the suggeatiun of altering the preamble, be still adhered to the opinion that it was Digit to afford every Member an opportunity of considering the entire plan of the Government, and of giving or withholding his sanction to it. He was not prepared to carry into effect the bill for the temporary government of Canada, if a majority of the House disapproved of any material portion of it— d, I am not prepared to say that we can undertake to carry the bill into effect if hereafter it may be said that the Governor-General, in acting upon his in. sereetione, has acted contrary to the wishes, contrary to tl:e will of the Moue of Commons. This is • point which I wish to be explicit upon. I will sot enter now—I need not enter now—into the manner in which the bill is to be serried oat; bat this I de say, that we must stand clear upon the point of laving with us the muscat and approbation of Parliament. If this bill is to be altered in many of its provisions, or if it is to be a different bill, let those who have made it different, let those who approve of a totally different policy, lathe persons responsible for the execution of the bill. It would be far better for the country, far better for the Canadians, and far better for the general in- terests of the empire, that the matter should, at least, be compact—that those Who advise the Crown, and those who have the confidence of the House of Commons, should at least be the same persons ; sod that there should be no discrepancy between the two. I think my right honourable friend attaches too much importance to the particular words of the preamble. I think if the words glebe preamblewere left out there would still be the remaining difficulty of erlokis the feeling of the House with respect to it. There would still be the epi..ft 4 was the House in difficulty with respect to the terms of the preamble —bas the Home a difficulty in sanctioning such a mixture of legislation and prerogative, Of has the House a decided opinion that the Governor-General ought sot togo out dith these instructions?' I be my right honourable friend and this House to collider well this point, on which, sooner or later, this House Must come to a decision. I do not think I am asking too much of honourable gentlemen, when, admitting that the policy. which is proposed is one of great severity, and admitting also that I am placing great power in the hands of one individual, assisted, if he lease., by a select council, and maintaining his autho- rity, instead of the local Legislature which has been constituted by the Parlia- ment, I aek them to be re y to approve the course which we have pursued, and the pdtcy which we have adopted to redress all grievances and to prevent future ille."
SirRoweaT P1111. said, he would steadily adhere to the amendments be had suggested. If be bad had any doubts previously as to the worse he hid adopted, Mr. Ellice's speech would have entirely re- moved them. Mr. Ellice bad borne testimony to the justice of hie proposition ; to whisk be repeated, he would firmly adhere. He doubted the policy of obtaiuing the sanction of the House to the measure. about to be taken. He objected to this removal of Ministerial respon- sibility to the House of Commons. He would not sanction the pro- posed plan of ascertaining the sentiments of the people. He knew of no representation except such as was sanctioned by law— It might be that, when Lord Durham should get out to Canada, circum- stances might arise entirely altering the present aspect of affairs; but with mar• tial law proclaimed, with rebellion but lately suppressed, Ile would ask whether it would be facilitating a settlement to take the recommendation of twenty-six individuals, six chosen by the Crown, and ten from Upper Canada, with feels ings possibly opposed to those selected from Lower Canada. If a majority of 16 to 10 should thus be obtained, would the result produce satisfaction in Lower Canada ? He must say that he was not prepared to maintain any such asser- tion. The course recommended would place no restraint on the authority of the Crown, and it was monstrous to ask Members of Parliament, who owed no public responsibility in relation to the acts of the Crown, to incur any such responsibility. Might they not anticipate the possibility of the people of Upper Canada refusing to send delegates? Upper Canada had a constitution, and it had a Legislative Assembly. Suppose the men of Upper Canada should say, " We will not consent to part with the funetioas which the Government has conferred upon us ; we will not part with the authorities with which we have been invested by Act of Parliament, and we will not consent to any share in your convention?" They would be running the risk of forcing the men of Upper Canada to send such an answer ; and "lien he saw that this body was not only to consider the interests of one movince but of both, that to the thirteen men taken from Upper Canada were to he committed the interests of the Lower Province, he saw much to doubt the benefit to accrue to Lower Canada, especially in the present heated state of men'', minds there. If the Government desired him or the Parliament to take the responsibility, he would say peremptorily that he would not take it. If he were convinced, how- ever, of the impropriety of any of his own suggestion., he would not resit them; but he believed that his amendments were proper, that he was not depriving Lord Durham of any power which was necessary fur his mission. lie con- ceived that such amendments were conformable to reason and to justice ; that they would prevent the present measure being drawn into a precedent, and that they would prevent any devolution of power which was not necessary. Let the House adopt or reject them as it seemed best to them ; but in the course which he had steadily pursued he should still centinue. Ile cared not for the results ; if his propositions were, as he believed them to he, conformable to justice, the House would assent to them. The noble lord would have well to consider what course he and his colleagues would adopt. ( Loud cheers.y.
Mr. ELLICE, in explanation, said he advocated HO compromise of principle ; ned really, he saw very little difference in principle between himself and Sir Robert Peel.
Lord SA antic would support Sir Robert Peel's amendment; Mr. G. F. Yottea concurred with every part of Mr. Ellice's speech ; and had no doubt Lord John Russell would act upon it, notwithetanding the coquetting which had occurred.
Mr. BAINES was not prepared to assent to the declaration of the preamble that Canhda should be permanently retained as a colony of this country ; and he went into a series of details relative to the corn. merce of Canada with this country and the expense of governing it, to prove the loss accruing to England frem the connexion.
Mr. SLANEY considered that the treatment the people of Lower Canite.a had received from this country went far to excuse the revolt. Efeleyed rh, words in the preamble which guaranteed a constitutional guverivociit to the colony would be retained.
Mr. II N tore testimony to the strong sympathy of the Irish
with tit,' Cana:liens. He did not thirik that the time of separation roe lea d ; regretted that the Canadian lmders were men of in-
ferior lcro•xl al etwd abilities, so inferior to Washington end Jefferson.
Mr. C;i,Net.t-t; Bel.I.ER had hailed thrit passage in the preamble of tii.• 1,111, xvilit!I was to be the subject of Sir Unhurt Peel's amendment, whit the sincerest satisfaction. But he inaintained that Lord John Russell OK lit mitt to allow the decision on his bill to be taken on the preamble ; tor by that course Members who opposed the bill altogether would be furred to join those %%Ito approved of the greater pert of it, tlenigh they disliked the preamble. There was no necessity for the words in the preamble, as the subsequent acts of Government would prove. He did not wish Lord John Russell to say any thing more on the subject unless it suited him.
Lord JOHN RUSSELL said, that he did not consider the presence of the wools in the preamble absolutely necessary; but as they were there, it would not be a satisfactory course to remove them. He would consult his colleagues, and state the exact course he intended to pursea the next day. Mr. Vi Lutes, maintained that colonies were chiefly useful is creating countries of people, who, having the same language, habits, and wants, as the inhabitants of the mother country, afforded a ready asylum for its emigrants, and a good market for its products ; and he held to the doctrine avowed by that small knot of persons, of whom Mr. Bulwer spoke with such contempt, that the more free and con- tented the colony was the more prosperous it would be. The other opinion,—and it was that of the great majority in Parliament, was that colonies were to be retained at any expense, in opposition to the wishes of their inhabitants, or the majority of them, rather than encroach upon what was called the integrity of the empire. The two principles of government he regarded as distinct ; and those who advocated the one for the other were responsible fur the consequences of each. If the colonies were, as people contended, like the jewels of the crown, and worth fighting for to acquire and fighting for to maintain, let the proper maul. fines be made for the purpose; bu t do not let people complain afterwards. He thought that the Government had, in accordance with all that had been said in that House by their supporters and by their opponents, acted upon the princi- ple of resisting the emancipation of the colonies, and he was at a loss to under- stand what was the meaning of that outcry which some persons made against the Colonial Office, and against the noble lord at the head of it, for having acted in conformity with their own principles ; for when the Government re- fused to the colony the right to govern itself, what was it but carrying out the policy which they maintained themselves, that the separation of the colony ought by all means to be prevented and any thing that tended to that separation wss of necessity equally to be deprecated. Some persona maintained a sort of bastard policy : they agreed that the colonies must separate themselves from the Mother Country, but at present they were not fit for self-government—. He thought the country ought to determine to a bold and intelligent way at once in which way they would retail their colonial comae:lea with any people —whether as a portion of the empire which was bound to be subject underall
circumstances to the dominion of the Government at home, or allow them to govern themselves, and retain only a commercial connexion on the principles
of amity and mutual advantage. This was really the question which they had to deride now, though he was aware that it had been narrowed into a sort of question between the Colonial Office and the House of Assembly ; lie could, however, see nothing in it but a struggle between the Mother Country and the colony as ith respect to these two principles, the Colonists claiming the right of the fulfilment of promises made by this country of self-government— ("Hear, hear!")—and the Government at home resisting that claim, on the ground that what the colony claimed might lead eventually to separation ; that seemed to hint the teal history of this question : the Colonial Office feared eventual sepa- ration, and the colony was impatient of a control which was opposed to their wishes, their wants, and their feelings.
He wished that those Members who laid so much stress upon the influence of speeches delivered by Mr. Leader and others, upon the feelings of the Canadians, would recollect portions of their own con- duct—their own approbation of revolutions begun in rebellion— Who was it that recognized the French Revolution'.? Was it not the great Conservative leader ? Did he not, as soon as the workmen of Paris defeated the Royal Guard, and placed what they called a Citizen King on the throne, did not that noble Duke direct his Minister at Patio, as the representative of England, to wait upon the Citizen King, in defiance of all treaties and all alli- ances? And why ? Because it was said the French Minister had, by his re- solutions, violated the first principles of the charter ; and that the people had a eight to resist, and that the revolution was just. Why, then, should these poor Canadians nut think that what was just with regard to the people at Paris, might be considered just also on their part ? He hoped these things would in justice be considered ; and that honourable Members, who talked in such a lofty tone of indignation at the very idea of rebellion, would remember the influence of such examples and of their own language upon the conduct of the Cana- dians; and how touch more likely they were to he influenced by such circum- stances than any language used by the honourable Member for Kilkenny or the honourable Member for Westminster ; and, when he urged these things, it was with the hope of In inging Members to a proper frame of mind for considering this subject, and that they should not be brought to legislate as if they had rather a great offence to punish than to provide for the future wellbeing of a Fegple who cared for and were worthy of liberty. He made these remarks in coMequence of observations made in the course of debate, and of a tone and spirit which pervaded the speeches of honourable gentlemen who were opposed to the 'Canadians.
He was impressed with the capacity of the Canadians to govern themselves— It had not been shown that the majority of the people, judged of by the acts of the Asseaddy, had in any way shown hatred or malice, or any intention of injuring ..he 13i itish pat t of the population ; they had treated the emigrants from thaw country with care and kindness, and they had passed no laws or regu- lations adverse to the security either of life or property of that class of the solo- , nists. They had, in his opinion, neither acted ignorantly, capriciously, or mis- chievously in the exercise of their authority ; he therefore thought them in every way fitted fur sell.government ; and as he believed that the more they were Mt to manage (hoe own affairs, the more prosperous they would be, the more he felt disposed to grant them that power and control over their affairs, to prevent which this country was now engaging in civil war with them, and which, if granted, he believed they would be satisfied with, without desiring independence or separation.
Mr. GILLON was convinced that the policy of Ministers would fail. They never could succeed by trickery or device in ruling a country per- manently in opposition to the wishes of the people.
Colonel Evers condemned the course taken by the advocates of the Canadians, and expressed his firm belief, as the representative of a large constituency, that the Canadians would have no popular support in their violent attempt to alter the constitution imparted to them. He could assure the House that the large majority of the people of this country were opposed to the violent proceedings that had been resorted to.
Mr. WARLEY said that he represented a larger portion of the metro- polis than Colonel Evans, and mixed much with his constituents, and he would affirm that there was no general dissatisfaction with the course taken by the Radical Members in Parliament.
Mr. Bowriiwicx complimented Sir Robert Peel on the manly and consistent course he had adopted.
Lord DUNGANNON observed that Ministers were evidently glad to have recourse to the Conservatives for support. They owed their con- tinuance in office to Sir Robert Peel.
Mr. CALLAGHAN remarked on the absence of Irish Members from these debates. It was on that account more especially his duty to de- clare, that be thought no ease had been made out for suspending the constitution of Lower Canada.
Sir WILLIAM SOMERVILLE approved of the conduct of Ministers towards Canada.
The House went into Committee pro forma : the bill, with amend- ments, was ordered to be printed ; and the House rose at a quarter past twelve.