The noble viscount has told your lordships, certainly, that he sent out an expedition; and the noble marquis has informed us that it has always been the policy of this country to encourage such expeditions. Now, without meaning to assert that the result of that expedition was a dire catastrophe, I must be permitted to say that the legion has been, in my opinion and conviction, a complete failure. It has cost the Spanish government an enormous sum of money. Great expectations were raised respecting it, not one of which has been fulfilled. When the legion went to Spain, the Queen of Spain's army was in all the provinces, with the exception of Biscay and Navarre. Her government was established in all parts of Spain, excepting these places. Excepting them, all other places might be said to be in a state of tranquillity. But it appears the Queen of Spain could not carry on the war, unless she got ten thousand Isle of Dogsmen—a legion from England, and another from France. If the Spanish government had asked for officers, or for arms, or for money, or for artillery, I should not have been surprised, as I know well the manner in which the Spanish arsenals are supplied. But asking for 10,000 men from England to destroy Don Carlos, who was shut up in the mountains, was a matter really not to be seriously thought of. The object was not to bring 10,000, or 15,000, or 20,000 men into action, but to bring the red coats and the blue coats, the French and English troops, into the contest; that was the object, and the view was, to produce a moral effect. But the government ought to have known that that which gave them the influence on the one side, was fatal to that influence on the other. Thus was an end put to that moral influence which this country could, and ought to have exerted, but which can only be effectually exercised by strict adherence, throughout all her proceedings, to the plain principles of justice. If this country enter into a treaty, let her carry it honourably through; but let her not push her interference further than is necessary for exerting her influence over both parties, in order to settle existing differences. I have said that the legion was a failure. Of that there cannot be the slightest doubt. The war is now in the same state as it was in the year 1835, except that Don Carlos has more men.
June 19, 1838.
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The Opposition should give aid to the Government when a war is inevitable.
The noble viscount tells us that we did not object to the appointment of the Earl of Durham as governor-general of Canada—that we did not object to the powers confided to him; that we—referring particularly to me—urged this government by all the means in their power to send out large forces, and take care to be strong in that part of the world; advice which, I admit, I did repeat over and over again, until I fatigued myself and the house by doing so. But why did I not object to those powers being given to the Earl of Durham? Because, seeing the government in difficulties—seeing the colony in a state of rebellion—and seeing that the government possessed confidence in another place—I thought it was not my duty to excite opposition to measures which they thought it might be proper to adopt; and therefore I took them all upon their recommendation. Very possibly I was wrong in so doing; indeed, it appears that I was wrong; but I took the course which I then considered it my duty to take. I declared that I would not follow the example of those who, being convinced of the certainty that the country would be involved in a war, yet thought proper to oppose all measures that were necessary for carrying on that war. Neither would I deny assistance to those who were absent, and who were carrying on the government to the best of their ability; but I would give the government a fair support, in order to pacify a country which might be in a state of war or rebellion. That was the course which I followed on the occasion alluded to by the noble viscount. With respect to the Earl of Durham, I am personally unacquainted with him; and I considered that the noble viscount and her majesty's government ought to have known best who was the person most qualified to act as governor of Canada.
August 9, 1838.
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Lord Durham's Ordinance[20] a grossly illegal Act.
A grossly illegal act has been committed—not a mere technical error, or one having reference to small or nice points of law, but an illegal act of great magnitude, and relating to points of the most grave importance—an act so clearly illegal, that no man capable of understanding the first principles of justice can doubt of its impropriety. It is impossible that the people of this country can suffer any man to be driven into banishment without trial, or that they can allow him, afterwards, to be condemned to death, without having been convicted of any crime but that of returning to his own country.
[Footnote 20: The Earl of Durham, governor-general of the Canadas, had issued an ordinance, transporting to Bermuda Dr. Nelson and seven others, guilty by confession of high treason, and subjecting them to death if they returned to Canada. Lord Brougham, actuated, as was asserted by some, by personal feeling against Lord Durham, protested against this act in the face of the country. His speech on the occasion was one of the most powerful he ever delivered. It is scarcely necessary to add that Lord Durham immediately and precipitately resigned his governorship.]