CANADA—ST. SULPICE. (Hansard, 12 March 1841)

The Marquess of Normanby
laid on the Table a copy of the charter granted to the seminary of St. Nicolet, Lower Canada.

The Bishop of Exeter
wished to know whether the noble Marquess had looked into the report of Chief Justice Stuart, in regard to the legal right of the seminary of St. Sulpice, and whether or not it was to be laid on the Table?

The Marquess of Normanby
said, he had looked into the report, but he found that there was that objection to the production of it which he stated yesterday. Strictly speaking, the report was the opinion of one of the law officers of the Crown, and, according to the general custom, was to be considered as confidential, and ought not to be given to Parliament. On examining the report, he did not see any special circumstances to induce their Lordships to depart from the usual custom. Supposing that it was produced, he did not think that it would help the rev. Prelate at all in making out his case. He admitted, however, that the opinion was against the legal right being in the Crown; but he hoped, when the discussion came 140 on, that he should be able to convince their Lordships, that the rev. Prelate had no case whatever.

The Bishop of Exeter
said, that he would not press for the production of the paper, but he submitted to their Lordships if it would not have been fairer on the part of the noble Marquess, if he had, on his own responsibility, refused at once to produce the report, than to have said, that there was nothing in it which would support his case. He did not think that a correct mode of proceeding. The despatch of the noble Earl opposite (Earl Ripon) would completely answer his purpose, and enable him to sustain the position which he meant to maintain before their Lordships.

The Marquess of Normanby
said, that the accusation of unfairness was so often made by the rev. Prelate, that it now lost much of its force. He would remind their Lordships that he had made the admission that the legal opinion was, that the right was not in the Crown, and that therefore, the report could not assist the argument of the right rev. Prelate. Under these circumstances, the right rev. Prelate had asked for that opinion—

The Bishop of Exeter
No, no, no. I asked for the special report of Mr. Stuart, because I understood it dealt with the legal question. The noble Marquess says that the report would not support my argument. Why did he withhold the report, and yet attempt to produce an impression that it was unfavourable.

The Earl of Minto
rose to order. The right rev. Prelate had interrupted his noble Friend, and was now making a speech himself.

The Bishop of Exeter
thought that the noble Marquess had finished.

The Marquess of Normanby
could not conceive how the right rev. Prelate could have thought that he had finished, for when he interrupted him, he was in the middle of a sentence. The right rev. Prelate said, that he had asked for the special report of Mr. Stuart, and in answer he (the Marquess of Normanby) told him that he considered the report as the opinion of the law-officer of the Crown, and therefore, could not consent to its being laid on the Table. At the same time, he volunteered the admission that he did not think it would be useful to the right rev. Prelate's case, even if produced, because the law-officer in question had stated it 141 as his opinion that the legal right was not in the Crown.

The Bishop of Exeter
regretted that the noble Marquess had ever mentioned that the opinion of the law-officer was unfavourable to his argument. He also regretted that the noble Marquess had thought proper to say, that he (the Bishop of Exeter) was in the habit of throwing out insinuations of unfairness. He never did so without giving the parties an opportunity of meeting the charge. He was also sorry to add, that the spirit so frequently manifested of late on that side of the House sometimes provoked him to use such expressions.