CHAPTER XLIX.
VICTORIA. 1838—1839
Parliament reassembles: Debates on Canada; Address to the Throne moved by Lord John Russell; Bill for suspending; the Lower Canadian Constitution..... The Question of Election Committees..... Motion for the Ballot..... Parliamentary Qualification Bill..... Personal Attacks..... Revival of Anti-slavery Agitation..... Debates on the Irish Poor-law Bill: the Bill carried in the Commons..... Motion for the Repeal of the Appropriation Clause..... Ministerial Plan for settling the Tithe Question..... Committee of the House of Commons upon the Irish Municipal Bill; the Bill rejected..... The Coronation..... Debates in the House of Commons on the Irish Tithe Question..... The Irish Poor Law Bill carried in the Lords..... Projected Formation of a Colony in New Zealand..... Financial Statements..... Motion for Repeal of the Corn Laws..... Various Improvements in the Law..... A Select Committee to inquire into the Operation of the Poor Laws..... Combinations in England and Ireland..... Debates in Parliament on John Thorn, alias Sir William Courtenay..... Committee on Church Lands..... Act for abolishing Pluralities..... The Subject of Education discussed in both Houses..... The Question of Canada renewed..... Queen Prorogues Parliament..... Disaffection among the Working Classes..... Proposed Reduction of the Rates of Postage..... The State of Ireland..... The Affairs of Canada..... The State of the Continent.
PARLIAMENT REASSEMBLES—DEBATES ON CANADA—ADDRESS TO THE THRONE
MOVED BY LORD JOHN RUSSELL—BILL FOR SUSPENDING THE LOWER CANADIAN CONSTITUTION.
A.D. 1838
Parliament reassembled on the 16th of January. The first subject brought under notice was the affairs of Canada. This subject was introduced by Lord John Russell, who, after recapitulating the principal events that had occurred since the connexion of that colony with Great Britain down to the report of the Committee in 1828, took up his ground on that report, which the assembly of Lower Canada had characterised as “an imperishable monument to the justice and profound wisdom of the committee, an authentic testimonial of the reality of their grievances and of the justice of their complaints, faithfully interpreting their wishes and their wants.” It might have been supposed, said his lordship, that after the people and the government of this country had proved themselves anxious to perform all that was asked for, and that was indicated by the reports of the committee, the Canadians would have been not only satisfied, but willing to express their cordiality towards the British government. The case, however, was the very reverse of this. On the 6th of December, 1828, the house of assembly resolved, “That on the permanent settlement before mentioned being effected, it would be expedient to render the governor, lieutenant-governor, or person administering the government for the time being, the judges and executive councillors, independent of the annual vote of that house, to the extent of their present salaries.” Having adverted to other resolutions indicative of the growing dissatisfaction of the Canadians, Lord John Russell proceeded to state what had been done in order to remedy the grievances set forth in those resolutions. The independence of the judges was demanded; and Lord Ripon, then colonial-secretary, had fully concurred in its reasonableness, and had suggested a method for carrying it into effect. The house of assembly, however, instead of following out that suggestion, tacked to the law by which the independence of the judges was to be secured, certain provisions relating to the hereditary revenues of the crown, and to the establishment of a court of impeachment for the judges. Then as regarded the subject on which the widest difference between the assembly and the imperial government had existed, no opposition had been offered to the terms of the assembly’s resolutions. The judges were informed, instantly, that, with the exception of the chief-justice, it was no longer desirable that they should sit in the legislative council; and a number of persons were added to that body totally independent of the crown, and giving a great majority in the council to those who were unconnected with the government. Of the forty members in the council, indeed, not less than eighteen were French Canadians: many of the members of English origin had quitted the province, and but seven remained in official connexion with the government. Another grievance related to the crown and clergy reserves; and Lord Ripon had declared it was time to put an end to the old system; and only differed from the assembly in wishing to prevent an undue facility from being afforded to poor and improvident purchasers of waste lands. Concessions had also been made with reference to the property of the Jesuits, which had been ordered to be applied to educational purposes; and on the much-contested, question of the duties collected under the earlier acts, and which the crown had, according to law, the right of appropriating. The Canadians, however, made but a poor return for these concessions. In 1833, a supply-bill, containing the most unusual conditions, passed the house of assembly; and in the following year the assembly adopted a course which had led to the present difficulties. It passed ninety-two resolutions, some of grievance, some of eulogy, and some of vituperation, and amounting in the whole to a long and vehement remonstrance; and after spending an entire session in framing it, it separated without having passed any bill of supply. Since that time no supplies had been voted. The demeanour of the house of assembly in the following years remained unaltered. At the commencement of his speech, Lord John Russell proposed a bill to suspend for a certain time the existing constitution of Lower Canada; and at the same time moved an address pledging the house to assist her majesty in restoring tranquillity to her Canadian dominions, His lordship in the course of his speech gave an outline of the intended bill. Mr. Hume entered at considerable length into a recapitulation of the past and present grievances of the Canadians. He laid the blame of all that had passed upon the government; and said that “it was not the man who shed blood, but the man who stimulated him to shed it, who was the guilty party.” Mr. Grote likewise opposed the proposed address. He threw the responsibility of the failure of the measure which had been taken to adjust the financial disputes, upon Lord Ripon. Not content, he said, with advancing a claim to the appropriation of the casual and territorial revenues to the purposes of civil government without the consent of the house of assembly, that noble lord had thought fit to propose to make them over to the clergy; a step which was at once novel and preposterous, and only embroiled matters still further. Sir Robert Peel promised his cordial assent to the address, because this country had acted with justice and liberality towards Canada. He thought that the military force in the colony should have been immediately increased. In reply, Lord Howick endeavoured to show that the government was not culpable in omitting to back their resolutions of the last year with a military force. He argued that regiments were not necessary to put down meetings: they could not stop speeches, prevent resolutions, or obtain juries to convict men for seditious practices. An additional regiment introduced into Halifax had, in fact, served greatly to increase the existing discontents. Mr. Charles Buller supported the address: the law should be vindicated, and the insurgents put down without parley, unless we were prepared to consent to a separation, and leave Canada to itself. There was no ground for separation, nor could we with any regard to the interests of the colony consent to abandon it; but we ought to comply without delay with all the just demands of the Canadians. Mr. Leader complained of being taken by surprise; and wished the house to adjourn for the purpose of giving himself and his friends time to consider what course they should take, and an opportunity of refuting the “fallacies contained in the noble lord’s speech.” This was opposed by Lord John Russell; and on a division the motion for an address was carried by one hundred and eighty-eight against twenty-eight.
On the following day Lord John Russell brought in his proposed bill for the suspension of the existing constitution of Canada. Its leading object was to enable the governor-general and council, on the motion of the governor, to pass any laws which might be considered necessary, during the present suspension of the legislature of the province. In addition to the means for suppressing the insurrection, the bill would authorise the governor-general to grant a general amnesty. With respect to the future government of Canada, his lordship said, that it was the intention of ministers that the governor-general should be invested with power to convene a certain number of persons; namely, three from the legislative councils of each of the two provinces, and ten “representatives” from each, to form a council to concert with the governor-general as to the measures which might be deemed advisable for the adjustment of the affairs of the province. The persons to be named would be chosen by the governor-general, while those who were to be convened, having a “representative character,” might of course be taken from the legislative assembly. But as in Lower Canada it was almost impossible that the assembly would be brought to act beneficially, it would be competent to the governor-general, both in the upper and lower province, to hold elections for persons, amounting to twenty in the whole, to concert with him upon the general state of affairs. Sir Hussey Vivian said that Mr. Hume had constantly stated in that house that he anticipated a revolt. No man had a greater right to foretell such an event. The man Martin had recently foretold the destruction of Yorkminster; and he had set it on fire to fulfil his prediction. In that same manner Mr. Hume had taken measures for the fulfilment of his prophecy. Sir George Grey, the under-secretary for the colonial department, in reply to some doubts which had been raised by Mr. Hume, with respect to the loyalty of the other North American colonies, cited facts to prove that the best possible spirit existed in Nova Scotia and New-Brunswick. Mr. Grote presented a petition from Mr. Roebuck, praying that he might be heard at the bar in defence of the house of assembly of Lower Canada, and in opposition to the ministerial bill. Lord John Russell thought that the house should be allowed time to consider precedents; and after some further conversation Mr. Grote gave notice that he should call the attention of the house to the subject on the 22nd instant.