CANADA INDEMNITY BILL. (Hansard, 2 May 1849)

§ MR. HERRIES
begged to put two questions to the noble Lord at the head of the Government, of which he had given him notice. He must preface them by stating, that he viewed with pain and anxiety the present condition of Canada; and he hoped he should not subject himself to the charge of having acted with precipitancy in asking the noble Lord whether Her Majesty's Ministers were prepared to communicate to the House extracts from the votes and proceedings of the Legislative Assembly of Canada on the Bill for granting an indemnity for the losses sustained during the rebellion in Canada, and also any extracts or copies of the correspondence between the Governor General of Canada and Her Majesty's Government relating to that Bill? The next question which he had to put was, whether the sanction of the Crown had yet been given or refused by Her Majesty's Government to the Indemnity Bill?

§ LORD J. RUSSELL
Sir, no extracts of the votes and proceedings of the Legislative Assemblies of Canada have been received by Her Majesty's Ministry. Nor has there been any correspondence on the subject which it is in my power to lay on the table of the House. I must state, 1103 however, that the noble Lord at the head of the Colonial Department has received several private communications from the Governor General of Canada, in which it is stated, that the Governor General did not think it expedient to write any public despatches, as he conceived, that, by their being laid before Parliament, and thus being made public in Canada, the result would only be to increase the excitement already existing in those provinces. But I may be allowed to add, that the latest information from Canada authorises me to state, that the irritation and excitement are fast being allayed in those provinces. In answer to the second question of the right hon. Gentleman, as to whether the sanction of the Crown had been given or refused by the Governor General to the Indemnity Bill, I can only state, that when the period arrives at which the Bill passed by the Legislative Assemblies of Canada comes under his observation, the Governor General of Canada will be prepared and ready to exercise those discretionary powers which are vested in him. I may add, that the noble Earl the Governor General of Canada possesses the entire confidence of the Crown, and that, in the exercise of his discretionary powers as Governor General of the province of Canada, he will be deemed to have acted in a manner to protect the interests and prerogative of the Crown, and also to conciliate the interests of the British empire.

§ MR. HERRIES
Do I distinctly understand the noble Lord to say that the Bill of Indemnity has not been referred to Her Majesty's Government for an ultimate decision?

§ LORD J. RUSSELL
No, it has not.

§ MR. GLADSTONE
May I ask whether Bills passed by the Legislative Assembly of Canada are reserved and held back for a certain period previously to being sent up for the approval or otherwise of the Governor General?

§ LORD J. RUSSELL
I by no means wish it to be understood that I stated Bills were not sent up to the Governor General immediately after they are passed; but what I intended to convey was, that it was not usual for the Governor General to signify his decision with respect to such Bills until the Session was somewhat advanced, and that the various measures agreed to by the Assembly had come under his observation. I may also add, that there is no doubt to be entertained that when the Indemnity Bill comes under the observa- 1104 tion of the Earl of Elgin, and that he is called upon to give his decision upon that measure, he will address a public despatch to the noble Earl at the head of the Colonial Office on that particular subject.

§ MR. HENLEY
Do I rightly apprehend the noble Lord in supposing that the Governor General of Canada prefers addressing private letters to the Colonial Secretary in lieu of public despatches?

§ LORD J. RUSSELL
No; I said no such thing. But when a public servant, stationed, as the Earl of Elgin is, in a distant colony, does not think it expedient to address a public despatch to the Colonial Secretary, I conceive that he is not deprived of the liberty of stating in a private letter what he thinks of the position of affairs in the colony over which he presides. I may add, in illustration of this subject, that very serious mischief is sometimes produced by the publication of despatches in this country; and I refer particularly to an instance which occurred when I had the honour to hold the office of Colonial Secretary, when the Governor of Jamaica complained very seriously of the angry feelings which had been raised in that island by my having made public, by command, a despatch addressed by him to me as Colonial Secretary.