such circumstances, he was sure that parliament would not hesitate to adopt some measure to compel that functionary to attend to his duties. Indeed, he conceived it highly important, that in the instances of all our colonies, we should endeavour to introduce, as far as circumstances would admit, the principles and practice which prevailed in this country. The petitioners complained further of the power of the Crown to remove the judges at will, and they prayed that the law might be altered in that respect. The petitioners also complained of the constitution of the legislative council, that it was almost exclusively composed of individuals who held offices under the Crown; that the chief justice and other government officers had seats in that assembly, and that such individuals were not competent to act independently in their public decisions. The petitioners alleged, that in consequence of the council being so constituted,many laws which were palatable to the people at large had been rejected. He thought it would be extremely desirable to render that body more independent. There was another body-the executive council, which, like the privy council in this country, advised the government in matters of business. The greater portion of the members of the legislative council, were also members of the executive council, and the petitioners complained, that these individuals had in one capacity to decide upon the passing of a law, and in another to advise the government whether the royal assent should be given to it. The petitioners also expressed their anxious desire that they should be enabled to proceed by way of impeachment against the advisers of the executive government, in cases where the House of Assembly deemed them deserving of punishment. That principle was established in this country; but he was not sure whether it could be introduced into Canada under existing circumstances, except with considerable modifications.-There were other complaints made by the petitioners, respecting the jury system and other matters which he conceived it would be much better for them to settle in their own provincial assemblies. The noble lord dwelt upon the importance of this colony to this country, and expressed his hope that the petition would meet with due attention and consideration from his majesty's government. The petitioners adverted to a speech which had been made by a right hon. I friend of his, in the other House of parliament, in the last session: and they complained of some portions of that speech. He could only say, that the petitioners were entirely mistaken as to the language held by his right hon. friend. He feared, however, that this direct allusion to a speech in the other House of parliament rendered this petition informal, and that he should be obliged, much against his inclination to withdraw it. That The Duke of Wellington said, there was nothing that had fallen from the noble lord, in which he more completely concurred, than in the importance of those colonies to us, and the necessity of conciliating their good will by every means in the power of government and of parlia ment. This petition had been in his hands for a considerable time, for it had been presented to his majesty; but he doubted much whether many of the suggestions contained in it could be carried into effect by the government or parliament. Some of the measures to which the petitioners referred could be carried into effect by the colonial parliament itself; and there were others, the expediency of adopting which he very much doubted. With reference to Mr. Justice Willis, the real facts of his case were these. functionary not only thought fit publicly to censure the absence of the chief justice as improper, and to absent himself from the court in consequence of it, but he took upon him to say, that all the proceedings in the court of King's-bench were illegal, in consequence of the absence of the chief justice. For that reason Mr. Justice Willis was first suspended, and afterwards dismissed by the lieutenant-governor. petitioned his majesty on the subject. The petition was laid before the privy council, and referred by them to a committee. His noble friend (earl Bathurst) would explain the grounds upon which that committee formed their decision; but the result was, that his majesty was pleased altogether to approve of the conduct of the lieutenantgovernor in dismissing Mr. Justice Willis. So far their lordships would perceive the petitioners had no just ground for complaint. The petitioners next required, that those who should advise the lieutenant-governor of Upper Canada should. be made responsible to the House of Assembly for the acts of the government. The persons who made such a demand should. not have forgotten, that this colony was situated on a frontier, and that though such a principle might be very applicable to the government of a country situated as this was, it could not be safely applied to the government of a colony in their position. As it was, they could carry their complaints against any portion of the conduct of the government of that colony to the foot of the throne. They would then be referred to the privy council; and no, court of justice was more likely to pronounce a fair and impartial decision. He did not conceive that it would be expedient to give to the House of Assembly the power of impeaching the advisers of the government. The petitioners complained that the legislative council was chiefly formed of persons holding offices under the government. Now, he understood, that but few of the landed proprietors of the province resorted to the capital at the season when that council held its sittings; or indeed at any season of the year. It was extremely inconvenient for them to come from a great distance to the capital, at the season when the executive council held its sittings. It was necessary, therefore, for the formation of any thing like a council, that it should be principally composed of the servants of the government, who were of course obliged to reside on the spot. But instructions had been sent out to the government, to give every possible encouragement to the great landed proprietors of the colony to attend, in order that they should act in the council; as it was extremely desirable that they should do so. With respect to the privy council which advised the government there, he did not see what greater objection there was to the members of it being members of the legislative council, than to members of the privy council having seats in this and the other House of parliament. The same might be said of persons holding situations under the Crown; for persons in such circumstances, such as judges and other officers of the Crown, also sat in the parliament of this country. The petitioners stated one instance in which the government prevailed on two members of the legislative council to vote for a measure which they had first determined to vote against; but might not such a thing have occurred in this country? He would only say, in conclusion, that the attention of government would be sedulously devoted to the promotion of the welfare and prosperity of this colony. Earl Bathurst stated, that the case of Mr. Justice Willis had been before a committee of the privy council, and their report was, that there existed no ground whatever for the construction which that functionary had put upon the law. That report was submitted to the king in council, and approved of by his majesty, and the dismissal of Mr. Justice Willis was confirmed, and another barrister sent out to fill his situation. Mr. Justice Willis had not alone thought proper to refuse to act in the absence of the chief justice, but he had declared publicly, that the court could decide no cases in his absence, and that all the cases which had been decided in that court for the preceding thirty years were null and void, and of no effect. The petition was withdrawn, as infor mal. POOR LAWS-IRELAND.] The Earl of Darnley presented a petition from the Society for the Encouragement of Industry praying for the introduction of the Poorlaws into Ireland. He rose now for the purpose of moving for certain returns connected with the state of the poor in Ireland, in order to show to what extent a provision for the poor had been carried in that country. He did not intend to enter into a discussion of the Poor-laws now, or the expediency of their application to Ireland. He trusted that the noble duke opposite would give his attention to the subject, and that a measure for that purpose would be brought forward next session. He wished to obtain these returns, to prove that a provision for the poor did not exist, as had been maintained elsewhere, to any extensive degree at present in Ireland. The noble earl concluded by moving for the said returns. The Earl of Limerick felt himself called upon to make one or two observations. In the first place, he denied that the sense of parliament, or of the public, was in favour of the introduction of Poor-laws into Ireland The contrary was the fact. The mischievous effects of those laws in England were too visible, and those effects would be much aggravated by the peculiar condition of Ireland, were they established in that country. The opinion of the public decidedly was, that Poor-laws in Ireland would be a tax upon industry for the benefit of the idle, that they would, in fact, be a cruel and ruinous spoliation of the property of that country, which would be | did not wish the House to interfere by any fatal to its prosperity. That they would improve the condition of the Irish poor, and benefit the empire at large, was a species of paradox which one or two young gentlemen, who perhaps had no mode of obtaining notoriety but by making speeches alone maintained. The entire rental of Ireland would be absorbed in supporting its unemployed poor; and as a consequence its pauperism would be made general. The proper objects of charity were, he contended, sufficiently provided for. There were in every large town and county in the south of Ireland infirmaries for the sick and infirm. In 1826 not less than 62,5081. had been so expended in the six counties with which he was best acquainted. He hoped, therefore, the noble earl's proposition would not be sanctioned by the government. Lord Farnham was friendly to any measure to provide for the aged and infirm poor of Ireland; but was not willing to adopt more of the English Poor-law system. He wished that ministers would direct their attention during the recess to the system of grand jury presentment in Ireland. That system was productive of incalculable mischief in that country. In the making of bridges and roads alone those presentments amounted annually to 400,000l.; and yet the labourer never received a penny of it, the employment being a mere job, by means of which the landlord secured his rent. Half the sum expended with discretion, and under the eye of science, would add tenfold to the comfort of the poor labourer. The Earl of Darnley disclaimed the intention of proposing the English system of Poor-laws without any modification, into Ireland. The motion was then agreed to. HOUSE OF COMMON S. Thursday, May 14. CANADA GOVERNMENT-PETITION OF INHABITANTS COMPLAINING OF GRIEVANCES.] Mr. Stanley said, he felt it to be his duty to call the attention of the right hon. gentleman opposite to the complaints made by a considerable number of persons in Upper Canada. The petition which he had to present was agreed to at a meeting held in York-town, Upper Canada, and was signed by three thousand one hundred and ten persons. The petitioners enactment, but merely to allow them the power of remedying the defects of their own constitution. They prayed for an alteration in their local legislature, which, as dependent on the government, could not hold the balance they were intended to hold between the Crown and the people. They also prayed that the council might be extended, and that place-men might be excluded therefrom. They stated the great grievances which had arisen from judges absenting themselves from their duties, and prayed that leave of absence might not be granted to judges, except upon reasonable grounds; that the judges might be rendered independent of the Crown, and be incapacited from holding other offices. The petitioners complained, too, of the high salaries of public officers. They also prayed for a local and responsible ministry,-not stating very clearly of what kind;-but certainly something more efficient than the council, ought to be provided for them. These were the leading points of the petition. It was necessary for him to state, that there was a technical objection to the reception of this petition; inasmuch as the petitioners referred to a speech delivered in that House by the right hon. member for Liverpool. thought it right to state this fact; but from the importance of the contents of the petition, and the distance from which it came, he should move that it be brought up. Mr. Labouchere said, that the petitioners ascribed a great portion of the evils of which they complained to the constitution of the legislative assembly. It did happen that they had on record the opinions of Mr. Fox, Mr. Burke, and Mr. Pitt on this point; and, in whatever other respects they differed, they all agreed that the council should be independent. In Lower Canada, however, out of the twentyseven members of the council, there were only nine who did not hold lucrative offices under government; and of the majority of eighteen, seven were members of the legislature. These gentlemen divided about 18,000l. of the public money annually. In Upper Canada there were only seven of the council who were not placemen. The judicial system was a question of great delicacy and difficulty; but there could be little doubt, he apprehended, that the judges ought to be inde pendent of the Crown, them. He would repeat the assurance, that whenever any complaint was brought forward from our colonies, he should always be most happy to attend to it, with a view to its redress. Mr. Huskisson said, that if the presenta-medy any defect in the constitution of tion of a petition presented the proper opportunity of considering the important subjects alluded to, he should the more lament the informality, which he feared was fatal to the petition, because the irregularity applied to himself. The petition represented him as having stated, that the Canadians would consent to their constitution being altered by the Imperial parliament, and that they were willing that their revenues should be controlled and appropriated by the House of ComNow he appealed to the recollection of hon. members, and to what were usually considered as the records of what passed in that House, whether he could by possibility have used this language. What he did say was the very reverse; and he was extremely sorry that this misrepresentation should have been circulated in the provinces, where its only effect would be to excite unnecessary alarms. mons. Mr. J. Denison was sorry to hear the right hon. gentleman state, that the complaints made against the system pursued in the colonies were so vague that he could not comprehend them. The committee, which sat last year on the subject, had come to a very different conclusion. That committee thought that many of the complaints of the petitioners were substan→ tiated by evidence. He thought it due to that committee, to the House, and to the colonies, that the state of Upper and Lower Canada should be taken into serious consideration. Sir G. Murray explained, that he only referred to the statements in the present petition, when he said that the complaints against the system pursued in the colonies was vague and not sufficiently specific. Sir G. Murray said, he should make no objection to receiving the petition on the ground of irregularity, for no one could Mr. Hume thought the present a very be more fully impressed than he was with fit opportunity to discuss the statements the impolicy of throwing any obstacle in contained in the petition, and for the the way of a full hearing of any complaint House to hear whether it was the intention from our distant possessions. He thought of ministers to redress the evils complained that the analogy between this country and of. He certainly expected to hear on the the Canadas must be given up. The dif- present occasion, whether ministers intendference in society was extremely great; ed to carry into effect the recommendaand there was in Canada the absence of tions of the committee which sat last year. that class of the community which, in Eng- The only one complaint in the petition land, was denominated the aristocracy. which was not substantiated, was that With respect to the statement of the hon. against Judge Willis : he therefore thought member, respecting the number of persons the government bound to state what they in the council who held places, it was per- intended to do on the subject. The right fectly correct; but one of them was the hon. gentleman had given no answer to chief justice, and the other the archdeacon the complaint, that a great many places in of the province. It was thought necessary the upper House of Assembly were filled that a person who was conversant with the by executive officers and by the judges, laws, and who had to administer them, which he conceived to be a very improper should be a member of that body. He arrangement. The conduct of the lieuteagreed that the council should be extend- nant-governor of Upper Canada had been ed; but the difficulty of obtaining persons complained of, and the government had who were qualified to sit in it, rendered it obtained some credit for removing him impossible for the present to exclude from from his situation; but he thought it was it all official persons. He was of opinion an insult to the colony to remove the lieuthat judges ought not to be in the execu- tenant-governor from his post there, only tive council. That plan had been acted to appoint him to a higher situation. He on in the Cape of Good Hope, and it was hoped that the quotation in the petition of in contemplation to extend it to other pro- part of a speech delivered in that House vinces. Many of the complaints in the would not be considered as a bar to its repetition were so vague and general, that he ception. He thought that that circum-. found it impossible to answer them. With stance alone showed the necessity of having respect to the complaint respecting juries, some authenticated report of the proceedit was competent for the legislature to re-ings of that House. In his opinion the colonies had been misgoverned and ill-used I have to make under the three several for a number of years, and that the House ought to attend to their complaints. Mr. Labouchere rose to give notice of a motion on the subject for the 21st instant. Mr. W. Horton was glad to hear, that a specific motion on this subject was to be brought before the House. Observations such as those made by the hon. member for Aberdeen, tended to create irritation without doing any good whatever. In his opinion the greatest evils arose, not from the legislative councils, but from the undefined rights of the colonists and of the mother country. 5 Mr. Stanley said, that, after what had passed, he would withdraw the petition. EAST INDIA TRADE.] Mr. Whitmore rose and said :- * The time, Sir, has at length arrived when I can bring under the consideration of the House the motion of which I gave notice at the early part of the present session. That motion has reference to a subject of vast importance. Indeed I believe there is no question that can now come under the consideration of the legislature of this country, involving greater consequences than the one I am about to submit to the House. Of such vast importance is it, so manifold and weighty are the interests implicated in it, that I own I feel almost appalled at the magnitude of the task I have taken upon myself. But, Sir, when I reflect upon the case I have to submit to your consideration, I feel persuaded its bare statement must make a deep impression, as well on the minds of the members of this House as on the country at large. The facts of it are so startling, the inference from those facts so obvious, and the natural result of such brilliant promise, that it cannot fail of exciting attention. I feel reassured too from the consideration, that I may now hope to receive the assistance of others far better able to place this great question in its true light than myself. However defective iny statement may be, therefore, that defect will be amply compensated by the discussion the question will undergo. I will now proceed without further preface to enter upon this great subject; and in order to do so with as much clearness as possible, I will divide the observations From the original edition, printed for Ridgway, Piccadilly, heads which appeared in the notice on the order book. That notice was for an inquiry into the trade between Great Britain, the East Indies, and China. I will first apply myself to Great Britain. I think it clear, that whoever considers the situation of this country, not alone at the present moment but during the last eight or ten years, must be convinced that it is one of difficulty; that it requires an investigation into the causes of the perpetually recurring distress to which all interest have been at times exposed; that means should be taken of giving a fuller development to the national resources, and thereby diminishing, if it be not possible entirely to remove, the causes from whence such distress has arisen. My conviction is, that if the subject I am about to introduce is fairly investigated, it will be found to contain more than any other the means of effecting this most desirable object. I do not, Sir, feel that I should be justified on the present occasion in entering minutely into these causes of distress; but I conceive it must be obvious to even a casual observer, that there is at present a large amount of capital in this country seeking investment in every possible direction, reducing by competition profits to the lowest ebb; and that with it is combined a power of production on the most gigantic scale the world ever saw. This may in part account for our distress; but if it does tend to produce it, it also affords the means by which we may greatly extend our national resources, and restore that proportion between production and consumption so essential to a healthy condition of all interests in the country. A larger field for the employment of capital, a greater vent for our manufactures, a wider range for our shipping, are the objects we should aim at; and I greatly err if the extensive countries embraced by my motion do not offer all these advantages in the most ample manner. When I contemplate the condition of Ireland, I feel that here too the benefits of an extension of trade with the East will be largely extended. Sir, by one of the most beneficial alterations ever made in the law of this country, you have in the present session of parliament removed the disabilities under which the great majority of the people of that part of our empire laboured; you have removed the great barrier which hitherto cramped the energies of Ireland |