The noble earl adverted to the conduct of a gentleman who is now vice-chancellor of the university, and who has, in his capacity of head of a house, prohibited the attendance of the students in divinity upon the lectures of the Regius Professor. I do not at all pretend to be competent to mark the difference between the private and public lectures of the Regius Professor; but I certainly do not approve of the course taken by that gentleman. In my opinion, the question is not one to be considered by the head of a house; for, in fact, no ordination can be conferred by him or the Regius Professor of Divinity. Ordination can only be conferred by the bishops of the church; and whether the students attend the lectures of the Regius Professor of Divinity, or those of the Margaret Professor, or of any other professor, I will say, it is the duty of the bishops of the church to consider who are the persons coming for ordination, and whether they are qualified or not, without taking into consideration the certificates of the Regius Professor of Divinity, the head of a house, or any other individual. It is, I contend, the duty of the bishops to examine into the subject themselves, without reference to the certificate of any individual whatever. I must observe, however, with regard to the course adopted by the vice-chancellor, that I am thoroughly convinced, not only from what that gentleman has stated to me, but from my knowledge of that gentleman's conduct, and his character for candour and fairness, that he had the very wisest motives in pursuing that course, from which he departed as soon as he found that the bishops of the church had determined upon observing a different line, conceiving that he was then relieved from all charge and responsibility in the situation which he held. Such is the history of that transaction; and I have only to say, with respect to that gentleman, and with respect to others of the university of Oxford, that it was their anxious wish and desire to avoid taking any step in reference to Dr. Hampden, lest it should, in any manner whatever, lead to what they would consider the greatest possible misfortune—a schism in the church.
December 21,1837.
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A great country cannot wage a little war.
January 16, 1838.
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Conduct of the Canadian Leaders.
I differ entirely from the noble and learned lord in thinking that the act of 1831 established the British constitution in Canada, for it is not consistent with the British constitution to leave the civil government of the country—and especially to leave the judges of the land—to be provided for by an annual vote of the parliament. I say, my lords, that the British constitution, for the last hundred and fifty years at least, has made a fixed and not uncertain provision for supporting the dignity of the crown, for meeting the expenses attendant on the administration of the civil government, and most particularly for the independence of the judges of the land. But is that the state of things in Lower Canada? No. I maintain that the act of 1831 did not establish the British constitution in the colonies of Upper and Lower Canada, but something quite distinct; for it gave to the people a popular representation, which, in my opinion, is the cause of all the disputes that have followed, and of the insurrection which has taken place. It gave individuals the power to create prejudices in the minds of the people, to weaken the loyalty of the Canadians, and to raise them in hostility against her majesty's crown and government. And what has been the object of these individuals in the course which they have pursued? They have supposed that, by creating dissatisfaction amongst the people, they could thereby throw off the authority of the crown; and, by gathering the people around them, overturn the government established in the colony. Such have been the objects of those individuals who have been seen running off to the neighbouring territories of the United States as soon as they found their own persons exposed to danger. This turned out to be the real state of the case; for the would-be leaders left the unfortunate people in a state of rebellion against her majesty's government, and ran off themselves, letting the unlucky inhabitants return to their houses as best they could; and forcing them to submit, with the best grace they might, to the mercy of her majesty's government.
January 18, 1838.
Evils of popular Rights.