§ Sir G. Murray moved for leave to bring in a Bill to amend the 14th Geo. 3, c. 83, for establishing a Fund towards defraying the charges of the Administration of Justice in Canada. Some conversation having taken place as to the order of proceeding, and it being understood that the debate on the measure should be postponed to a future stage, the right hon. Secretary went on to say, that he was induced to press the measure one stage then, otherwise it might not be passed during the Session. When Canada came into our possession, the taxes were levied under the ordinances of the King of France; but in 1774, an Act was passed abolishing them, and in 1791, the Canadas received a constitution, assimilating their government to that of Britain. The Act of 1774, directed certain duties to be levied in Canada, and that they should be appropriated to the use of the local government, under the authority of the Lords of the Treasury. In 1810, the Assembly of Lower Canada voted an Address to the Crown, in which it engaged to take upon itself the expense of the local government, provided it was allowed to receive a part of that revenue which had been, up to that time, at the disposal of the Treasury. This was conceded, and, as might have been expected, a question soon arose ns to the right of the Assembly to appropriate the whole of the revenue, of which it had managed to make itself the receiver. That question had ever since been a source of disputes, and it was his object, by the present Bill, to put an end to those disputes. He had adopted it at the recommendation of the Committee which lately sat to inquire into the situation of the Canadas, and which thought that it would be necessary to take into consideration the general circumstances of Lower Canada, and the condition of the government of that province. Among the circumstances which came under the attention of the Committee, this dispute occupied a prominent place; and according to its recommendation and opinion, it must be concluded that, by the Act of 1774, the legal right of appropriating the revenue was vested in the Crown; in the opinion of the law officers of the Crown, there could be no doubt on the subject. One of the recommendations of the Committee was, that certain officers in the civil department of the government of Lower Canada should be rendered independent of the 291 local government, and therefore he meant to propose, that a provision for the Judges and the members of the Executive Council should first be made, and the remainder of the revenue levied under the Act of 1774 should then be at the disposal of the House of Assembly of Lower Canada. That was the object of the Bill; it went only to the single point in dispute, leaving the many other recommendations of the Committee to be followed up hereafter; and he could assure the House, that he would not lose sight of them at some future opportunity. Inconsequence of this the Government had carefully abstained from taking any part in matters which could be better decided by the local government than by the Government at home. The great principle by which the Administration was guided was, the mutual advantage of the colony and the Mother Country; and consistently with preserving the connection between them, it was wished that the Colonies should be as independent as possible; on that principle it had been recommended, that the members of the local government should not be officers appointed by the Crown, and on that recommendation also he had acted. The legislative councillors of Canada were, however, appointed for life, and as far as the existing councillors were concerned, this principle could not be acted on; but all vacancies had been filled up by gentlemen who held no government office, and who had no connection whatever with the Crown, or were in any manner dependent upon it. The same course had been pursued in the upper Province. One of the Justices was not a member of the council; and a gentleman who was a member, on receiving a judicial appointment, immediately resigned his seat at the council. He mentioned these circumstances to shew in what manner the Government was acting, and what was the course it intended to pursue. The right hon. Gentleman, in conclusion, moved for leave to bring in the Bill.
§ Mr. Laboucheresaid, he did not mean at that time to enter into details, but he wished to state, that unless the Bill were materially altered he should be under the necessity of opposing it. Any measure which, like this, tended to deteriorate the condition of the Judges in Canada, would do injury; but what he wished to insist on was, that before the House legislated for that colony, it was necessary that its 292 whole state and condition should be examined into, and thoroughly understood. That some healing measure was necessary could not be denied, but the Bill of the right hon. Gentleman appeared to him to have no such characteristic: it would make alterations undoubtedly; but those alterations would not be improvements. With reference to the Judges he would remind the House; that so long ago as 1791 it was promised, and the promises then made were repeated by Earl Bathurst in 1826, that the Judges should have nothing to do with the local government; but, notwithstanding those promises they were yet appointed for life, and yet took an active part in all political matters. Under such circumstances, men could not, and did not expect that justice would be fairly and impartially administered. The Judge was looked upon as a political friend or enemy, and though he might act uprightly, one expected favour, and another oppression at his hands. This ought to be rectified, and he sincerely hoped that before the Session closed, the disputes which had so long agitated Canada would be finally settled. Such was the unanimous wish of the inhabitants of that country, as expressed in a Resolution of the House of Assembly, in the year 1828. He trusted that the House of Commons would not suffer the Session to pass away without attending to that Resolution, for if it did, if the colony did not speedily receive such an administration as it ought to have, if these financial questions were not settled he should look with the most melancholy forebodings to the results of the connexion between England and her possessions in North America.
§ Mr. Humeput in his claim, in the next stage, to state his opinions upon the question at length; and observed, that the right hon. Gentleman had not by this Bill redeemed all his pledges.
§ Lord Sandonfeared, that the Bill would not tend to put an end to the divisions in the colony.
§ Leave was given, and Bill brought in.