individuals were placed under severe re-beer-houses, directing them in their duties, strictions. at the same time, by the words of the Act of Parliament, so as to prevent any abuse of their power, The Bishop of London hoped, that when their Lordships endeavoured to correct the evils resulting from the number of beershops, they would also turn their attention to the mischiefs arising from gin-shops, the multiplication of which had tended greatly to the increase of crime and immorality. Lord Ellenborough expressed a hope, after what had fallen from the noble and learned Lord on the Woolsack, that either he or the noble Viscount (the Secretary of State) would turn their attention to this subject. It was one which he thought ought to be left in the hands of his Majesty's Govern ment. Viscount Melbourne said, his Majesty's Government were most anxious to remedy any mischief that was alleged to have grown out of the present system. It was, however, a most difficult subject to deal with. He could not see how any effectual remedy could be proposed, short of the repeal of the present Bill, and a return to the old licensing system, which had been so much complained of. It was very difficult in this, as well as in other cases, not to enact penalties that (was easy enough,) but to render those penalties effectual. With respect to the suggestion of his noble and learned friend, he feared that much difficulty would be experienced in discriminating between beer-houses in towns and villages, and in unfrequented places, so as to prevent them from being established in improper situations. From the information which he had received, he was inelined very much to doubt whether the evils complained of went to the extent which had been represented. The increase of intoxication was one source of complaint; but certainly it had increased much more in cities, where the Beer Bill had comparatively little effect than in small towns and villages; and he saw not how the evil could be checked, unless a great change for the better was effected in the morals of the people. Lord Ellenborough said, that the observations which had been made by the noble Viscount, convinced him the more, that some modification at least should be made in this measure. The mischief which it had produced was so great, as made it the bounden duty of Parliament to take the subject up. If the system were not effectually altered, it would utterly destroy the virtue and morality of the whole people. A discretion should be given to the Magistrates with respect to the establishment of Petition laid upon the Table. TRIAL OF OFFENDERS (LONDON.)] The Lord Chancellor, in moving the Second Reading of the Trial of Offenders in London and Middlesex Bill, observed that there was no necessity for him to make any observations on this occasion, as he only wished to move a Clause which would be open to consideration hereafter. That Clause would go to prevent the inconvenience which might arise, as to laying the venue, in consequence of the commission of offences in different counties. It was proposed that those parts of Kent, Essex, and Surrey, which the Bill comprised, together with Middlesex, should, for the purposes of this Act, form a metropolitan county, by which means one venue would do for all. He would take that opportunity of mentioning an alteration which he was inclined to propose to Parliament, and which would tend to equalize the business in Westminster-hall. It referred to the proceedings in the Court of Common Pleas, and he felt that it was due to his noble and learned friend (Lord Wynford) to say, that he, together with Sergeant Lens and Sergeant Shepherd, had always been of opinion, that such an alteration as he contemplated should take place. The proposition was, that all counsel whatever should be allowed to practise in the Court of Common Pleas, as well when the Court sat in Banco as at Nisi Prius; and that, as an equivalent, the sergeants should be allowed to hold briefs alone, and to open a case, which they could not do at present. Lord Wynford said, that he approved of the suggestion of his noble and learned friend, which he had no doubt would confer a great benefit on the public. Bill read a second time. HOUSE OF COMMONS, Tuesday, April 15, 1834. MINUTES.] Petitions presented. By Mr. WALTER, Colonel POWELL, and Mr. OSWALD, from several Places,-in favour of the Lord's Day Observance Bill.-By Mr. DoBBIN, from Arinagh, for the Repeal of the Union, and the Abolition of Tithes.-By Mr. OSWALD, from New Cumnock, for Amending the Laws relating to Road Assessments; from New Milns, for the Repeal of the Corn Laws; from the Hand-Loom Weavers of several Places, for a Board of Trade, and for Relief; and from Ayr, and other Places, for a Better System of Church Patronage in Scotland. By Mr. Alderman THOMPSON, from Sunder land, against the Reciprocity of Duties Act. By the same, and by Colonel POWELL, from several Dissenting Con gregations,-for Relief to the Dissenters.-By Mr. B. HANDLEY and Alderman THOMPSON, from the Merchant Seamen of Boston and Sunderland,-to be Exempted from the Payment of Sixpence to Greenwich Hospital. people of those countries, have made me intimately acquainted with their history, their feelings, their character, and their desires. The things that I shall describe I have seen, and I now come forward as a witness in this case, and humbly, yet firmly, claim for my testimony that respect which the House is accustomed to pay to the evidence of all percipient witnesses. The same intercourse which has enabled me to speak of this people's affairs as one personally cognizant of them, has made me also feel a deep interest in their welfare. This may, perhaps, be sufficient to account for and excuse my thus prominently standing forward in their defence. I shall soon show, however, that, as a Representative of the English people, the importance of this subject ought to claim my attention, even had I not those personal considerations to which I have alluded. Although in what I shall immediately advance I shall speak as of my own knowledge, and on my own experience, I shall not fail, nevertheless, to corroborate my own testimony by that of others; and I do hope that the evidence I shall adduce, and the documents on which I shall rest my assertions, will gain for my observations the kind and attentive consideration of the House. Without further preface I shall proceed to discuss the matter in hand. I must observe, however, before I enter upon the descriptions with which I shall be obliged to trouble the House, that my remarks will, for the most part, apply to both provinces, though my illustrations, for the purpose of avoiding confusion, will be drawn chiefly, if not exclusively, from one,-namely, Lower Canada. In order to make any one competent to decide upon the resolution now before the House, it is necessary to give some description, however THE CANADAS.] Mr. Roebuck spoke to the following effect:-I rise, Sir, to move that a Select Committee be appointed to inquire into the political condition of the Canadas, and my excuse (if excuse be needed) for pressing forward the Motion at the present time, is the extreme emergency of the matter; the critical and extraordinary position of the colonies to which the Motion relates. And in order to induce the House to accede to my request for this Committee of Inquiry, it will be my business, in the observations with which I shall accompany it, to prove the following, among other things:-first, That the provinces are at this moment in a state nearly approaching to open revolt; that Lower Canada particularly as far as words can go, is actually in a state of revolution; the House of Assembly (their House of Commons) having formally seceded from all communication with the Executive, and also having expressly declared their intention to impeach the present governor, Lord Aylmer. Secondly, I shall endeavour, also, to show, that this present disturbed state of these countries is the result of a long series of continuous bad government, and that the actual outbreaking of the people at the present moment springs immediately from the extremely rash and petulant behaviour of the present Secretary of the Colonieswho, unfortunately for this country, after having successfully fanned Ireland into a flame, has employed the same qualities to the same end in our Transatlantic possessions.-Thirdly, My last object, after hav-brief, of the Government to which it reing pointed out the evil, will be to suggest the remedy, and to this end I shall endeavour to explain why I desire a Committee of Inquiry. Before I enter upon this arduous undertaking, the House will, perhaps, permit me to allude very briefly (and I assure them that I do so with great reluctance) to the position in which I personally stand as regarding the present question. It may naturally be asked, why I should particularly interest myself in this matter, and whether I can bring to the discussion any peculiar information. I will answer both questions at once. The knowledge that I have upon this matter is greatly the result of personal experience. Many years spent in habits of great intimacy with the lates. Every one tolerably acquainted with the history of our colonies knows, that the constitution or form of government now enjoyed by the Canadas was conferred on them by 31 George 3rd, c. 31. The province of Quebec was by that Act divided into the provinces of Upper and Lower Canada; and, in imitation of the form existing in England, a triple power was created in each province, consisting-first, of the governor, who was supposed to be analogous to the King here; second, the Legislative Council, supposed to be analogous to the House of Lords; and, third, the House of Assembly, analogous to our own House of Commons. It is necessary that I should say a few words upon each of these three estates. The governor, be it remembered, is a person sent from England-is removable by the will of the King -and, while in Canada he is a portion of sovereignty, he is but the immediate servant of the Government here. He then, it is clear, bears little or no analogy to the King of England. He is an officer chosen by the Executive, and responsible to the people of England. Next comes the Legislative Council. These Councillors are appointed by the King, and for life. There is no landed aristocracy in Canada; and certainly the Legislative Council, even if we were to concede that such an aristocracy existed, cannot be said to represent it. They are usually old official persons appointed to the office of Councillor, as a reward for service, or for certain other purposes to which I shall immediately advert. Lastly, the House of Assembly does really represent the people, at least in Lower Canada. There may be some doubts as to the completeness and purity of the representation in the Upper Province. Such, then, is the Legislative Body. The Administrative or Executive consists-first, of the Governor; and second, a Council, called the Executive Council. Now, one of the grand causes of all the bad government that has so long tormented these provinces is the composition of this Council, and that of the Legislative Council. These bodies hitherto have been two in name, but one in fact; the persons composing the one being the majority in the other; so that the persons composing the Executive Council could at any time put a stop to all the proceedings of Government, and forward to the utmost the sinister interests which they and their dependents wish to forward, If the House feel at all desirous of understanding the political condition of these provinces, it is absolutely necessary for them to obtain a very definite conception of the character of this Executive Council, and their dependents and connections. As the Governors sent from England go to the colonies only for a short period, and also exceedingly ignorant of everything connected with the business they are about to undertake, it is necessary that there should be always some persons existing, ready and able to instruct their ignorance: these persons are the Executive Council. They live always in the colony, and form the necessary link between succeeding governors. To persons thus serviceable rewards are necessarily given, which rewards consist of various places, money, or money's worth, VOL. XXII. {Sarise Third paid out of the provincial funds. Besides, these people form a special society, and surround and hem in the governor, so that no one not of their tribe or party can reach him. They actually govern the countrydispose of all its places of profit and distinction, and not only rule, but insult the people. Being thus really independent of all control, their insolence, rapacity, and corruption, know no bounds; and if, at any time, the Governor, or even the Home Government does aught to offend their high mightinesses, they rebel, and treat with scorn and contumely the commands sent from England. While such is the nature and conduct of this petty and vulgar oligarchy, I beseech the House to consider the peculiar position of the people over whom they domineer. This people are in habits of daily-nay, hourly-intercourse with the Republicans of the United States of America. They are accustomed to behold across the frontier a great people-not more instructed, not more desirous of good government than themselves, self-governed-governed by thoroughly democratic institutions; and what is the result? A state of unexampled prosperity-quiet, rapid, and unceasing improvement. Laws and institutions that continue in their action as regular as a piece of physical machinery. They see cheap Government, and yet perfect protection-they see the governing body having interests identical with the people, and possessed of their ever-advancing spirit of improvement, aiding all enterprise,-in fact, performing the true functions of a Government,-not contented with protecting to its uttermost, property, person, and reputation to all its citizens, but assisting in all those great undertakings which are best forwarded by the combined efforts of a whole people. With such a sight before them, it is not wonderful that the Canadian people have imbibed the free spirit of America, and that they bear with impatience the insolence, the ignorance, the incapacity, and the vice of a nest of wretched officials, who, under the fostering domination of England, have constituted themselves an aristocracy, with all the vices of such a body, without one of the redeeming qualities which are supposed to lessen the mischiefs which are the natural attendants of all aristocracies. It is of a people thus high-spirited, pestered and stung to madness by this pestilent brood, that I am now about to speak. Some years after the Constitution had been conferred upon them, and also after repeated solicitation, the two 2 C to learn what an outcry this determination raised amid the official tribe. Disloyalty, disrespect to his Majesty, and every evil quality that could possibly be found for the occasion, were attributed to the House of Assembly. And what in reality did it all mean? Simply this. The official tribe saw, that by this means an annual supervision was en provinces were permitted to provide for their own expenses, and consequently to rule the expenditure of the Government. Those who had refused the request of the people to be allowed to provide for their own expenditure, well knew, that the control of the people would be a very different thing from that of the Government of England. The one was near, deeply in-sured, and they were sorely vexed thereat. terested in saving every farthing; the other was distant, and, amid the many millions of their expenditure, were not likely to be very solicitous respecting the small sums comprising the outlay of Canada. Therefore, when the people did at length obtain the control they so long had desired, a war began between the official persons on the one side, and the people by their representatives on the other, the one party desirous of having the supervision of the people reduced to nothing; the other determined to maintain and exercise that supervision to the utmost. It is curious to see what various forms during the last twenty years the desire of the official tribe to be freed from supervision has taken, and in how many various ways they have attempted to compass their end, and in all of these, be it remembered, they have been regularly supported by the Government at home. The House of Assembly, acting on behalf of the people, have been driven to various devices to maintain their very necessary, and legitimate control. Having the administrative body utterly opposed to them, and knowing that that administrative body could govern the determinations of one body of the Legislature-namely, the Legislative Council, and also the Governor in his legislative capacity, it behoved them to be extremely wary and stedfast in all their proceedings. One great point was, to ensure their being regularly convoked, and permitted, when called together, to interfere with the affairs of Government. How was this to be accomplished? In England, the House of Commons is necessarily convoked yearly, to vote certain expenses, and to pass certain annual enactments. The Executive has no funds at its disposal, and is utterly dependent on Parliament. It has been very properly the aim of the House of Assembly to approximate its own condition, and that of the Executive of Canada, to this wholesome state. To this end, as they have no Mutiny Bill to pass annually, and as their chief expenses are comprised in their Civil List, they have very wisely determined to pass the Estimates of the Civil List yearly. It is quite astonishing What ought to have been the conduct of the Home Government on this matter? They ought, at once, to have acceded to the desires of the people, to have taken the Civil List yearly, and have aided the people to the utmost in maintaining that necessary supervision which they so ardently desired. Did the Government do this? No such thing. They waged war with the people by three successive Governors on this matter. The Duke of Richmond, Sir Peregrine Maitland, Lord Dalhousie-all fought this mean battle for the official tribe of hirelings who thus made a cat's paw of his Majesty's Government; and at this moment the right hon. Secretary for the Colonies is willing and endeavouring, to continue this mischievous and degrading warfare. To this there was added another source of contention. The people's representatives, still desirous of complete control over the expenditure, determined to vote their money by itemsso much to this functionary, so much to that; a very wise precaution, and one almost universally adopted by the English House of Commons. As usual, the tribe of employés set up a howl. This was destructive of the prerogative-making the King (always the King, about whom they care in reality as much as they do for the Emperor of China) a cipher. This was dreadful, unbearable, republican, and cheap. The Governors joined with the officials, and the Government at home joined with the Governors. The whole business of the State was completely stopped, and confusion, and every description of ill-feeling between the people and the provincial Government necessarily followed. And who, I beg to ask, was in the wrong? Can we hesitate a moment in declaring the conduct of the Assembly in the highest degree wise and circumspect, while that of the provisional Government was corrupt and vicious-that of the Home Government the very acmé of folly. As a specimen of the mode in which the Governors sent from England have sought, under the direction of the Executive Council, to foster good-will towards this country and its dominions, I will state one or two instances whom he had before so unmercifully robbed. During the whole administration of Lord Dalhousie the war between the Executive and the Representatives of the people was carried on with bitter animosity, and every device, legal and illegal, was attempted to, obtain a revenue independent of the control of the House of Assembly. It happens, that many sources of revenue exist which are supposed not to be within the dominion of the House, although the, people of Canada do, in reality, furnish that revenue. For example, certain dues are levied at the port of Quebec under Acts of the Imperial Legislature; these are entirely withdrawn from the supervision of the House. Again, the estates of the Jesuits have become the property of the Crown; these also are withdrawn from the supervision of the House; and lately an attempt has been made to acquire a revenue by the sale of waste lands; and all this to the end of escaping from the control of the people's Representatives. Can we wonder that the people are irritated by this mode of proceeding? Can we wonder that they are exceedingly jealous of all attempts of this description? What would this House say, if it should perceive the Privy Council and the Crown endeavouring to find ways of taxing the people without their consent or control? I ask the House, and I appeal to the right hon. Secretary for the Colonies, whether we should not be justified in resisting every such attempt, and in punishing all who advised it? I have already observed, that the war between the two parties has manifested itself in various shapes; all these, however, it is impossible for me now to describe. All that I am now desirous of effecting is, to create a complete and vivid conception of the sort of feeling existing among the colonists. I want to make this House understand that this war of many years has embittered the whole public mind-that it has broadly divided the country into two hostile, nay deadly hostile, sections--that on the one side a small band of persons in office, using and abusing the name of England, have fought the fight of corruption; while, on the other, the whole people, by their Representatives, have steadfastly inWassisted on the right to control all expense, and, in fact, to govern the country. I wish, I say, to make the House to understand, that for years this unhappy country has been in a state of trouble and combustion, created and continued by this small band of |