Le Télégraphe = The Telegraph, 14 avril 1837, Supplément

[" SUPPLEMENT TO THE TELEGRAPH.IMPERIAL PARLIAMENT.Housc of Commons, March Tih 1837.CANADA AFFAIRS, »°% Lonp Jons Russer\u2014 @ Having thus stated why, in the opinion of lis Majesty ?\u2019s zovernment, it is impossible to yield tothe demands which had beeu made by the Represeptative Assembly of Lower Canada, I shall now proceed to state the views which we have \u201cRtuken of the whole casey and of the remedy \u201cD whicis we propose in order to put an end to the - difficulties which have arisen in consequence of these occurrences.The first ditliculty is the payment of the judges and of the King\u2019s ofli- cers inthe colony.1 think that when itis recollected that it is now four years and a half since the judges have received their salaries, during which period they have been left entirely to their owu resources for support, the house will consider that it is high time for us to come forward and interpose the anthority of Parliament in their behalf (hrar, hear, hear.) Had Be followed the advice of the commissioners upon this subject, we should have come forward Jast year and demanded of parlimnent the means of payinz the arsears justly due to these officers Flat it was thought that as some misunderstand Sin appeared to exist between (he Assembly of Lower Canzda and Lord Glenelg, it would he desirable to give them an opportunity to reconsider the subject once more, amd wuit to see if they still persisted in refusing these payments, BE With regard to the propri-ty of the proceeding Bichich Dam about to recommend, 1 apprehend Bhat itis andoubtediy in the power of the imperial Parliament to interfere in colonial aflairs, Bulicther in legislative matters or in supply, Bichen a pressing occasion occurs for so doing.This principle was admitted at the bar of the Hanse of Commons by Dr.Benjamin Franklinwho, in regard to the Assembly of New York, vasasked, whether, if a colony were altogether o refuse supplies, the imperial parliament could interfere, and he replicd that \u201che could pot conceive such a case to occur, though they had in some cases refused to grant permanent palaties to the oflicers of government, and he thought very wisely so.\u201d le was then asked Ein.\u201cwhether in cases where irterference vas justi£able the right of interferinz où sht not tobe in the Parliament of Great Britain 777 To chiclhe replied, \u201chit he would have noobjec- lon to it, provided the power were only used for the use and good of the colony itself?Now, thisis a limitation in the justness of which I iully concur; for if we were to attempt to or- ier the appropriation of the funds raised in the alonies to the use of the mother country, it ap- fears to me clearly that we should be far overt\u201cpping our province and our authority çhear.) What | propose however, to-night is, simply, to apply a certain portion of the revenues of Lower Canada to the paymentof such items as the Re- Rprosentative Assembly have already agrevd to in Btheir votes of supply In Che year 1833, The total amount is LI-18,000, and my purpose is only fo order its payment for those purposes which the assembly has already admitted, and not for any which in 1832 it may have refusad to agree to.\u2018The next consideration is the manner in which the government of the province is to be carried on in future, and the nature of the legis- Ltive council which is to be adopted.It is proposed te adopt the recommendation of the commissioners, that judges shall be excluded by law from this council, as also all persons guilty of any disgraceful offence ; and that no person be @ él'ointed to it until his name has been sent over here by the governor of the province.With re- rad to the principle or predilections upon which petsons have been selected for appoint- mentlo the legislative council, T believe it has heen too much the practice to select them almost entirely from amongst persons of British extraction, who form but à small numericul minority in the province, whilst the representative assem- \u201c5 18 composed in great part of persons of rench extraction, who are the imajority in point fnumbers, and whose views and interests in any matters are entirely at variance with those \u201cithe minority, whose feelings are represented in the legislafive council.I must say that the page in which governors of this colony have ely acted upon the authority vested in them the acts of1791 ir this particular is not à ju- \u2018cious one, and I consider that to select them h alternately, one from the British, and then one \u2018have already alluded, it is proposed that, after rom the French stock, would be far preferable, [securing the civil list, and the salaries of the as well as more in accordance with the practice {judges and of certain government oflicers, the in the carlier periods after the passing of that act, [whole revenue of the colony should be left to I think by thus adopting many persons who had the disposul of the Assembly for purposes of ne- no hope of appointment\u201d hitherto, und by exclu- tional improvement, as in the formation of roads, ding all persons of doubtful character, und espe- {&e- In this situation, without any direct tax, cially those who have been public defaulters, without any debt to Keep down, and whose we shall go u great way towards effecting a re- [whole revenue is raised by means of duties up- conciliation of differences upon this point.In ion commerce, which they apply as they think tho next place, with regard to the composition of proper to their own intemal improvements, and the exceutive council, [ propose that there the neccessary expence of their asssmblies, this, should not he more than two or three official per- {I think is as desirable a state of things as it is sons in that council, and that the remainder of ipossible to conceive.With respect to any in- it should be made up from the legislative council juries or disadvantages which the Canadians are and the general assembly.Ftis proposed also alleged to fie under in respect to the law ,l can that they should not enter into the discussion of only say that they donot appear in any of the any subject not immediately connected with the [petitions before us.That the House of Assemprovince except upon advice of the governor.bly should be entirely elected by themselves, | propose further, that the governor shall be at jthet the executive government should be nomi- liberty to act contrary to the advice of the exe- mated by the crown, but with certain conditions cutive councililhe think proper, but that, on so, jand securities, and that the Mouse of Assembly doing he should make a minute of the \u2018occur- should come to some arrangement with the up- reuce.By this means, whilst we give the |per province on the subject of trade and other members of the executive council a proper de- international matters.Such are the general gree of control inthe affairs of the government [propositions which we desire to submit, with a af the colony, we also leave the govemor a dis- view to bringing these complaints tv an adjust- cretionaly power to act by himself where he ent.According to this view of the case 1 think conceives the duty of his office and bis general it can hardly be denied that these colonies ae instructions require it.The neat question to lin the enjoyment of as great a potion of political which | laze to allude is the North American \u2018freedom and of erson zl immunity ftom oppres- Land Company.This association, | believe, !sion, and of as great power to mike wholesome his been of great use to the colony's many set ilaws, as any peisons at home.Such is the con- thers have ohitained advantages from which they dition of these colonies, and such will be thier could not have hoped for, either from the gov prospects if they accept the propositions which 1 erament or from their own individual exer- \u2018have now laid down.If; on the other bund, tions and resonrees, [see no reason to differ they take an unfavourable view of these propo- from the resolution of the commissioners in sals\u2014ifthey persist in maintaining that itis abso- respect fo this point: The assembly?it appears, lately neceessary that there should be an clec- pretend that the act of 1791 gives them the itive legislative council and an executive coun- supreme control over all the wild lands of the [oil subservient to the representative assembly, province\u2014a pretence which I cannot agree to, [then it must very shortly come to this, that they as the crown hus never parted with its rights to [should also have a governor of theirown nomi- grant charters for the purposes of planting or nation, for none other would do their bidding clearing as it may think fit.Another subject |( eries of hear, hear.) 1f this be the proposition [ upon which much complaint has been made is the act of this country in reference to tenures.This act is complained of upon two grounds\u2014 first, that it was originally framed in ignorance of the* tenures of the colony (hear, hear 3) and, secondly, that it does not provide a means of voluntary commutation.\u2018The commissioners zonsider Loth these opinions to be well founded.md propose that as soon as any act on the sub- jeut shall have hecn passed by the colonial legislature, partiament shall repeal the said act.In doing this, however, [ need hardly observe that great care should be teken that the vested rights of individuals under the existing system, he not prejudiced.Another complaint of the Canadas against the act of 1791, especially on the part of Upper Canada, is the embarrassment which arises out of it to trade between the two colonics, A newspaper which 1 hold in my hand complains that every boat which comes from the lower provinees is subject to inspection ol (he custom-house, and forced to pay duty, and that the passengers from Great Britain! passing by this route are also subject to pay certain dues of this kind.Itcomplains further that the general division of the duties is unfair, and ahove all, that they have not a full vent for their merchandize hy the St.Lawrence.With a view to the abjustment of these differences it is proposed with the assent of the legislatures of the two provinces, that a joint committee should be appointed, to sit at Montreal, and which committee should be composed in thé following manner, namely, of four members of the legislative councils of cach province, and of eight membersof each representa tive assembly, making twenty-four persons in all, who should have the power to prepare laws and to compare results upon all these points of reciprocal policy.One of the most important matters which would come under their notice would be the navigation of the gt.Lawrence.Another would be the settlement of matters of commerce between the two colonies.Another point would he the constitution of some fuir court of appeal, and of impeachmeut for judges and other officers of the executive.The committee would also have to direct its attention to the line of boundary.It is hoped that upon many of the points I have, touched upon this committee will be able to devise measures by which the mutual interest and the good government of the two colonies may he greatly improved.of the Assembiy of Lower Canada, itis, in another form, nothingelse than demanding the total independence of the colonies fiom the mother lative council (hear, hear) We were told that this was à contest betweon the French and English Canadians, that it was à contest of races ; this was not the truth.lu the ussembly there were many English members, andthe majority of those Linglish members were always fonnd voting with what was called the French party.The contest, therefore, was not a coutest of ta- ces, but of principle\u2014ot oligarchy uguinst de- moeracy\u2014ol the great majority\u201d on one side which had been hitherto ground down and kept under by ihe iscrable minority on the other.The hon.gentleman then read \u2018various extracts frou the repoits of the commissioners, and observed that their arguments were precisely those which were used \u201cagainst granting corporations to Ireland.Me was much surprised te sce the commissioners appointed by a liberal government going for arguments to the other side of the house against having an elective legislative council (hear), and ending thier report by recommending that the constitution of Canada thould he taken away altogether, and that a coercion bill should be adopted towards that country.Île appeated from their decision, however to that house, to know if they would sanction such a proceeding (hear), It should be recollected that the legislative couneil was but experiment when it was first adopted.Mr.Pitt said so at Mat time, and the House of Comnous at that time said that it was a bad exper iment and must (ail (hear, hear).The hon.member here read a passage from the speech of Mr.Fox relative to the legisative council, in which he seid thit this countsy should not adopt for Canada a servie imitation of its own House oj Lords, as was reccommend by the then Chancellor of the Exchgueryfor they could only sive them the sembline and not the substance of snch an Assembly, for they could not have the claim to reverence and respect which the British louse of Pecis commanded: Such was the opinion of Mr.Fox, and the experience of over forty yems had proved that he was right.Mr.Fox, in 1791, proposed that the legislative council should be elective, and he (Mr.Leader) was then only proposing the very sime thing that Mr.Fox proposed, in 1791.The case is country.Thisis a demand which, if it be per-jmueh stronger new than it was then, for they sisted in, must drive parliamont to the necessity had not the experience of forty years to guide of saying whether there is any form of colonial them, whereas Mr.Fox was only uttering a pre- constitution under whieh the Canadas can be diction.Tle would ask the noble lord if he woverned than that embodied in the act of 1791.jwas prepared to resist such authority; he But to these addresses, by which the dignity of jsapposed the notle lord would persist in parliament and of the country js impaired, and [his resolutions, Lut he would tell him if by accepting wich we should be made 1espon- [he did so he would find it in a very short sible for acts in which we donot concur, snd time impossible to rule Canada, except by which we do not think desirable, I cannot agree.[force of arms (hear, heir 3) and he would ask 1, however, de not suppose that these colonies (if England was likely \u2018to rap either glory or will persist in their demands: Fut if they do still jprofit in such a contest ?The cases of Canada hold out, wé have not the means of carrying on fond Ireland were parellel.The Canadians had the government of them here in continual resis- heen complaining of their greivances for thir- tance to their assemblies, 1 donot think that ity years unavailingly : they were attached we could carry on the government of the colony {to the British constitution ; hut it should be re- without the legislative council; and 1 wish to collected that on the other side of the St, Law- have the advice of parliamant on the subject, whether we should yield to demands which we consider would amount to the abandonment of the colony dllogether, or whether we shall adopt the coms I now propose, by which 1 hope lo induce the colonists to reconsider the whole matter in dispute, and see whether those disputes had net arisen in a great part out of feelings of irritation consequent upon former disputes, and to offer such practicable measures as may induce them to abandon the greater number of those complaints, The noble Lord, after thanking the committee for the attention with which they had listened to his observotions, which, however owing to thé state of his healthy he had been enabled very imperfectly to express, sat down amidst general cheering.Mi.Leaner said it was his intention to opposé the resolutions of the noble lord, by all the means which the usages oi the house would permit, The Canadians complained of grievänecs \u2014they did not seek to establish a commonwealth; but, unless you necceded to their just demands, you wemld: compel them to throw themsclves into the arms ofa neizhbouring republic.The noble lord said, that if the council was made elective, the interests of the people would predominate.~ What an objection to come from the noble lord ! The noble lord propose not that the legislative council should be nade to harmonise with the assembly, and the majority of the people, but that the majority of the people, and the legislative assembly, should be compel- With regard to the matters of supply to which I jed to bend to the vicious principles of the legis- rence there was a great and powerful republic ready to receive them, and into which they would certainly be received if the noble lord persisted in resisting their just and unanimous demand (hear) He appealed to members of thet House who preferred representative gov- emment to arbitrary rules he appealed to every.man who profesed Justice to injustice, and, most of all he appealed to the liberal Irish members to assist him, if not to obtain justice, at least, to prevent the infliction of the grossest injustice by destioying the constitution of Cannzda.\u2018The non.member concluded by moving, as an amendment, That it is advisable to make the legislative council of that province an elective council?Mn.Ror:nuek seconded the amendment.Mr.Rornvek rose and said, that sometime ago he had urged the government to do justice to Ireland on the great principal of universal justice, that no peo- plo could he governed well if their own feelings were not consulted.T'o that broad principle as rewarded Ireland, ministers seemed partially willing to accede 5 therefore he was sorry to sce them retrograde in respect to the Cnnadians ; but it was in vain to look for any thing like ateadiness of prinei- ple from individuals holding office (hear.) His Maljesty\u2019s Ministers came down to the house with resolutions respecting Canada, which entirely nullified their former intentions.They denied justice to Canada, and yet appeared willing to crant it to Ireland; and what was the reason ?beenuse Ireland was at the door, and Cunada was distant (hear.) freland threatened, and hence she had a show of justice conceded to her which wes refused to Canada [hear.J He Inoked for support in witnessing these resolutions from the Jrish members ; and be trusted that all absent members would be marked by their constituents.What is the question / It is whether we are to do justice to a people under Eugland, but distant / The case of che two countries, Canada and Ireland, was parallel In Canada the majority of the population were Cutholic ; s6 were they indisputably in Ireland.The great bulk of the population of Ireland were borne down and trampled .Upon by a miserable, monopolizing minority ; so .Were they in Canada- The parallel was complete, \u201c each fighting against n miserable monopoly, which was upheld by the power of the government.Ireland on our own shores had been a shame 10 Eng- Jand for centuries, und Canada had not been a shame to us for so long u time, because she had not been in our possession for su long a period [hear In 1791, Lord John Russel stated, aul no don truly that England granted a constitution to Canuda, which was td be a sort of a reflection of the British Constitution ; it was su, the shadow, but not the reality.\u2018There was a Governor who was to represent the Kingrof England, bat did that functionary so represent royally [hear £) He [Mr R.] would not say that the King \u201cwas Lord Gosford or Lord Glenelz.\u2018I'he Governor or the King, which ever he might be called, perhaps might be found sitting under that gallery.[Here the hon.member pointed to the stranger's gallery.) Every one who knew any thing of colonial policy.knew well that there was a power behind the colonial minister stronger than the minister himself [hear] Again he would say that the House of Commons did not resemble the Mouse of Assembly, inasmuch as the House of Commons did not represent the wishes and the wants of the people of this country, whereas the House of Assembly did represent\u2019 the wants and wishes of the people of Canada ; therefore the representation olf Canada did not resemble teat of this conatry [cries of hear, heur.] \u2018l'hree separate schemes had been propased in order to defeat the Canadians.The first was, that the ioney was to be paid over by the House of Assebly to the covernment, nid this the house refused, knowing full well that the same cor- rapt set of officers wonld have the maniement of its dishursement.Then another scheme, equally discredituble and shafiling, had been attempted, snd the noble lord is now supporting a set of resolutions which are litte better 5 uni this was done in order to get rid of the responsibility 3 aml still keeping the power in their huads.they offered to allow tha representatives 10 sit for life 5 but this proposition had been indiznantly refused by the Canadians.And what line of conduct did the Governor pursue 2 He had put his hand into their pockets and prevented them manaxing their own revenues, and he hoped for such acts Lord Gosford and Lord Aylmer would be made to account ; for twice had the people of Canada been robbed in this manner.Fhe House of Assembly had demanded the accounts of the recci er general, and they had been refused, \u2018Fhe Legislative Council had refused them, and therefore the House of Assembly had acted as they had done in refusing any more supplies.After which the governor had demanded the accounts of the receiver general, who had been a defunlter, who was a defaulter for years, and still remains à defaulter to the tune of one hundred thousand pounds ; but he had not been proceeded against.Ou the contrary.he \u201chad been protected hy the Legislative Council.and was protected by the Governor and the official party [hear-] This sort of business had been going on for twenty-five years, aud nothing had been done to get the money returned, which eonld now amount to little less than £150,000, by people who had been sent out fram Englund, who had taken the money of the people of Canada and spent it.\u201cThe House of Assembly then demanded that they should, as the representatives of the people, have the control of the expenditure of the peventes\u2014bhit this had been denied by the Legislative Council.Afterwards other disgraceful scheme had been attempted, v to divide the revenues of Canada into two portions ! for disbursement ; but the people knowing that a third and the largest portion would he kept from their, management, they refused to accede to the proposition ; and as the Legistative Council had, on all occasions, and in every manner.stood in the way of reform, the House of Assembly liad petitioned the parlinment of this country, and had entrusted that petition to him, (Mr.R.] and which he had the pleasure to recommend to the attention of that house.\u201d This petition,\u201d important as it was, had - been desiznated by the noble loved opposite, (Stanley, we believe) by a nume which he could assure him had not been forgotten on the other side of the Atlantic.Ie had called it ¢ an impotent scream 3?and this had come from the noble lord who had in some measure attempted reform in that country, but which had only the effect of putting other men into the: Legislative Council, aml did\u2019 not chu any of the mensures, inasmuch as the government said they mst choose the council themselves.\u2014 The question was, would the honse allow these peculating serfs to go on in this way, or would they give the people of Cannda reform, and allow them lo manuge theirown revenues ¢ The House of Assembly hail, ax the real representatives of Canada, deputed him to present a set of resolutions, 92 in number, the mu'ter of which night have been usefully comprised in a much smaller compass, to that house, aud in which he took very great interest.And what had the government done £ \"They have done that which he considered added _insnit to neglect.They hud every information which they possibly could have on the subject from prople well acquainted with the wants and wishes of the inlas bitants, namely, from their natural protectors, their resresentatives, aud to which nothing could be added (hear, hear).The government had sent out three commissioners, which hie would ueain say was a matter of additional insult when men were so sent out who did not know the languaze, where not acquainted with their laws, and who did not understand theis interests (hear, hear).The first was a kind of canntry squire, un peer now ; the other two where Sir GQ.Gipps aud Sir Charles Grey.The honorable and learned gentlemen then read JES \u2014 extracts from the report of the commissioners, and contended that it contained stacements from facts.without coming to any conclusion on them.Others were contradictory, but in no ease was there any information in it which had not been before mentioned 5 and were they to take this statement as a to be allowed to set up.With respect 5 ads individuals who had acquired tenures uy py \u2018Tenures Act, he must say that it would tive injustice to them if that act should waled 3 indeed it would be neither my ess than spoliation.Having made that it was the duty of the house to interfer J put an end to the present distracted state ef things and to enable the machinery of gove \u201c8 ment tv move, he conceived that it was the duty of government to propose such à measure à should go as little beyond the principle of Ch constitution as possible, and that measure iB thouzht would be the result of the resolut fl which his noble friend had proposed, is he the means of pulling an end to that state of: things which prevented the oflicers of govem-l.went from receiving their salaries.At the same time he should certainly have found it difficult bd to vote for the resolution with referrence to not making the legislative council an elective body A if it hid not heen accompanied with the projosi-§ tion for making that body more fitted to perform its functicns than was the case at present.On a former occasion it had been stated that the El legislative council merely re-eclioed the screan of the Governor ; he did not mean to say it hl improved since that time, though the commis.\" sioners considered it in a colorable degree + in all its essential points however i remained the same He thought it would be an unfortunate cireurzs- tance if it should go fort to Canada that slt thell fault was où the side of the Mouse of Assembly À and the hon.member who had lost addressed the À house had endeavoured to argue the cuse : ween the House of Assembly und the leri council, and in favor of the'vne and other.But the Conmrissioners had stited that the legislative councilhad obstructed bills whic, had been passed for forming local government, and he, therefore, thought it hard, with ti fact staring them in the face, that the fi should be stated to be all on one side.WhizE he thought the government right in not intre- ducing the elective principle into the legislative council, yethe was glad that they had pledged} themsolves to took into the composition of the legislative council, with a view to the amend: ment of the principle upon which it was esta\", blished, Me was quite aware that the resolutions would not be received with favour by § citheir of the extreme parties in that house ; but there was a middle partys a party that strageled agains Cestremes, & whe whete deeply attzcheé to the liberties of their country, and he did hope that those honoralle members would support 2n extreme measure, which, he was frec to adnit, could only be justified by an extreme cme He should he extremely sorry that these role.tions should go out to Canada, accompanied wit the irepression that the Imperial Parliament wel not dis osed to lcok into any agricvance, mor especially as regarded the constitution of the le gislative council, a change in which was essen tinl, in order to maintain and secure the confi dence and attachment of the people of Canadafg I der the i be pos.be 1.§ I! Ie nop AN up his ining is WINES, &e.\u201cOR SALE Ly the Subscrilier: 8 Haogsheads Superior Madeira Wine, 2 Quarter Casks do Constane ia do 50 Cases Superior Old Port (2 & 3 doz each,) Do do Sherry, (do) Do do Madeira, ( do ) Do pure llollands Gin, warranted[§ (1 doz each) 20 Cascs Warren\u2019s Blacking, G, D, BALZARETTI.20th March, 1837, NOTICE tHE subscriber offers for sale, in addition toa large assortiment of Fancy Goons\u2014 Mens, Womens and Children\u2019s India Rubber shoes, French galockes and u good assortment of shoes ol all descriptions.C.GINGUE.45 12 93 No, 9 Hope Street NOTICE.ALL Persons having claims against the estate of the Inte LOUIS PAQUET, Mo chant in the Suburbs of St Roch, wre requested to forward their accounts duly aitested ; and thee who are indebted to the said estate, to pay imme diately to the undersizned.Gi.D.BALZARETTL March, 20th 1837.Curator."]