Lords Sitting of 18 March 1835

MINUTES.
Bill. Read a second time:—Exchequer Bills; Transfer of Aids; Newspaper Printers Relief.
Petitions presented. By the Earl of RODEN, from several Places, for Additional Accommodation in Scotch Churches; from two Places, for the Better Observance of the Sabbath in Ireland.

CANADA.
The Earl of Mulgravewished to ask the noble Earl, the Secretary for the Colonies, a question on a most important subject—he meant the disputes with Canada. At the period of the dissolution of the late Government, steps had been taken for dealing with that question. He understood that some measure had now been adopted. He believed that the noble Earl would be prepared to state that Government was about to send a Commissioner from this country to arbitrate respecting the disputes. The results of that measure must depend on the person sent, on the instructions given to him, the limitations within which they were confined, the time he went out, and the way in which he was received. One thing, too, he must say—that no one could undertake a more difficult or delicate task than that which would be intrusted to this Commissioner. Perhaps the noble Earl would name the individual selected? He wished, too, to inquire respecting an expression believed to have been used by a right hon. Gentleman in another House of Parliament, that the Commissioner was to act on his own responsibility respecting all the subjects of dispute. Now there were some that he might decide, but there were others that could not be decided but by the Government itself, and subject to Parliamentary responsibility. This was a subject of great importance, and he trusted that no further delay would take place, for delay would only increase the amount of the evil.
The Earl of Aberdeensaid, that the noble Earl would do him the justice to believe that he was as much interested as the noble Earl in the satisfactory settlement of these disputes; and from this time he should not look at the subject without feeling that he incurred some degree of

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personal responsibility respecting it. He agreed with the noble Earl as to the extreme delicacy of the transaction, and also as to the necessity of avoiding every species of delay. He hoped that the noble Earl did not mean to impute to him any unreasonable delay, seeing that the Committee of the House of Commons had reported on the subject about the 1st of July, and on his accession to office he found no step whatever taken upon it. He did not mention the fact that no measure had been taken by the late Government with a view to impute that as a fault, but merely to exculpate himself from the blame of having been guilty of delay since he came into office. He quite concurred with the noble Earl as to the delicacy and difficulty of the task imposed on the individual undertaking the office of Commissioner. He was aware that much depended on the selection of that individual, who would not, however, be invested with such powers or such a character as the noble Earl appeared to understand from the expression attributed to his right hon. Friend. What that expression was he did not know, but he knew that that Commissioner would have no other responsibility than that of following the instructions given him from this country. The object was, that the person selected should go fully provided with instructions, so that there should be no necessity for repeated communications across the Atlantic. The responsibility would be no other than that of the due exercise of the powers with which he was intrusted. He was aware that great qualifications would be required in such a Commissioner; much ability, judgment, discretion, and, above all, character and conduct, remarkable for a conciliatory spirit. Great as these qualifications were, he did not despair of the person to whom his Majesty had been pleased to intrust the task. He had this day submitted the name of an individual to his Majesty, who had been pleased to approve of him, and he had no difficulty in stating the name of that individual. The Government had secured the services of Viscount Canterbury. The situation in which the Government was now placed, was one which had not arisen from any misconduct of his own, but it would not be likely that be should be able to settle the differences now existing. It was, therefore, a matter of necessity to select a competent person, and to send him with special instructions for
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effecting a special object. He repeated, however, that the noble Earl was mistaken as to the powers and responsibility of the Commissioner.
Lord Broughamwished to make one observation with respect to the delay which by the noble Earl seemed imputed to the late Government. The dates would settle that at once. The Report was made about the end of the last Session. It was necessary that that Report should be considered, first by the Secretary for the Colonies, and then by the Cabinet Ministers. His right hon. Friend had no opportunity to consider it till the Cabinet broke up, which he supposed would be admitted to be usual at the end of the Session. [The Earl of Aberdeen dissented.] Well, then, it was not usual, and the Members of the present Cabinet would not go into the country at the end of the Session—they were to have a new Marriage law, and they were now to have a new Cabinet law. His right hon. Friend had considered it at the earliest period; no time was lost, as he personally knew, for his right hon. Friend had laid before him the papers, to consult him on constitutional matters connected with them. He returned those papers in a week—he suffered no business—certainly no relaxation—to prevent him from preparing a long and elaborate paper on the subject, which was given to his right hon. Friend; means were taken to make each of the Cabinet Ministers acquainted with all these papers, and a Cabinet meeting was summoned on the subject for the very day on which the dissolution of the Government took place. Considering the papers to be gone through, he thought there had been no unreasonable delay between August and November. The matter itself was one of great importance, not only as between the mother country and Canada, but as between sections of the people, there one section being to the other as seventy-eight out of eighty-eight. As to the powers given to the Commissioner, he did not see how it was possible for him to act as an arbitrator, for though one party might choose him, the other party might not adopt him, in that character. He hoped that the matter would be treated with the same candour on the other side of the water as Parliament was inclined to treat it here, and that it might come to a satisfactory issue.
The Earl of Aberdeenhad not intended to make any charge of delay against the

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late Government, but only to exculpate himself from such a charge. The Report was made about the first or second of July, and was not altogether new matter for the consideration of the Government. He himself had not accepted office till the 10th of December, and if, therefore, there was any charge of delay, it could not fairly be imputed to him. He repeated that the Commissioner would go charged with special powers for a special purpose. He assured the noble and learned Lord that he had made no insinuation of a charge of delay.
Lord Broughamhad so understood it. The matter had been considered by the Members of the late Cabinet, and the dispatch would have gone out directly after the meeting of the Cabinet.
The Earl of Mulgravesaid, he could take off one month of the delay. The packets did not sail more than once a month. A packet would have sailed a day or two after the intended Cabinet meeting, and would have taken out the dispatch. As to the noble individual appointed to the office, he could not, so far as his noble Friend was concerned, rejoice at the appointment, for the situation was one of a most delicate and difficult nature; but he was sure that there could be no more proper person for it, not only with regard to his ability, but to the amenity and amiability of his manner and disposition.
Subject dropped.