Lords Sitting of 23 May 1871

MINUTES.
PUBLIC BILLS—First Reading—Dogs* (134); Marriage Law (Ireland) Amendment* (135).
Second Reading—Canada (112).
Third Reading—Leeward Islands* (105); Ewelme Rectory* (82), and passed.

CANADA BILL—(No. 112.)
(The Earl of Kimberley.)
CANADA BILL—(No. 112.)

  SECOND READING.
  Order of the Day for the Second Reading read.
  THE EARL OF KIMBERLEY, in moving that the Bill be now read the second time, said, that the Bill was intended to remove doubts which had been cast on the validity of certain Acts of the Canadian Parliament. The Act of Confederation of the North American Provinces gave power to the Parliament of Canada to establish Provinces in territories admitted, or hereafter to be admitted, into the Dominion of Canada, and to provide for the representation of such Provinces in Parliament; but an Order in Council was necessary, and prior to the issue of such an Order in July last the Canadian Parliament passed two Acts providing for the temporary government of Rupert's Land and the North Western Territory, and to establish the Government of the Province of Manitoba—formerly known as the Red River Settlement. The Law Officers of the Crown were of opinion that these Acts were valid, as not being beyond the powers of the Canadian Parliament; but doubts having been expressed the Canadian Parliament had addressed the Crown for an Act in the Imperial Parliament confirming their validity. The Bill would give the Canadian Parliament power to establish new Provinces and provide for the constitution, &c, thereof much in the same way as the United States Government dealt with territories; it gave power to alter the limits of constituted Provinces; and enabled the Canadian Parliament to legislate for any territory not for the time being included in any Province. He would take this opportunity of mentioning the success of last year's expedition to the Red River—or Manitoba, as it was now called—and the discretion and energy displayed by Mr. Archibald, the gentleman appointed Governor by the Canadian authorities, whereby a serious difficulty was adjusted. A provincial Legislature had been elected in Manitoba, fairly representing the different races and opinions, the accession of British Columbia to the Confederation secured, and there was a prospect of railway communication between it and the Atlantic Provinces. He augured a flourishing future for a terri-
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  tory which, till recent times, was only inhabited by the buffalo and the Red man.
  Moved, "That the Bill be now read 2a."—(The Earl of Kimberley.)
  Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House on Monday the 5th June next.

FRANCE AND PRUSSIA—SINKING OF BRITISH VESSELS IN THE SEINE.

  QUESTION.
  EARL STANHOPEasked the noble Earl the Secretary of State for Foreign Affairs, What progress has been made in the settlement of the claims of compensation for the English colliers sunk in the Seine? Their Lordships would remember that in December last, while war was still being waged between the French and Germans, six English colliers were sunk by the Prussian authorities in the Seine—this being done, as at first reported, in a very peremptory manner and under circumstances of great apparent hardship. It was, therefore, very much to the credit of the English Press that, instead of stirring up popular resentment, as they might easily have done, on the first view of this event, they exercised a wise forbearance until authentic details had been received. The English Press, as a whole, did itself great honour by its forbearance; and he would take the opportunity of adding that a like forbearance on the part of this House might have been usefully displayed with regard to the recent Treaty with America until it was laid before them. The noble Earl the Secretary for Foreign Affairs showed a becoming promptitude on the occasion. As early as the 28th of December he addressed a despatch to Lord Augustus Loftus, our Ambassador at Berlin, in which he said—
  "With the information now before them Her Majesty's Government cannot but consider the seizure and sinking of those vessels to be altogether unwarrantable, and the firing upon them, if it took place, a matter which requires the fullest explanations. You will express the hope that immediate inquiry will be made into the transaction, and the conviction that if no satisfactory explanation of the proceeding is given by the Prussian General the Prussian Government will at once take such steps as the case as it now stands appears to call for."

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  That explanation was afforded in a very conciliatory manner by Prince Bismarck, who, in a despatch to Count Bernstorff, said—
  "You are authorized to say to Lord Granville that we sincerely regret that our troops, in order to avert immediate danger, were obliged to seize ships which belonged to British subjects. We admit their claim to indemnification, and shall pay to the owners the value of the ships, according to equitable estimation, without keeping them waiting for the decision of the question who is finally to indemnify them. Should it be proved that excesses have been committed which were not justified by the necessity of defence, we should regret it still more, and call the guilty persons to account."
  He (Earl Stanhope) desired to know whether the negotiation had been proceeded with, what sum of money had been awarded, and whether it had been already paid? If the answer of the noble Earl should be satisfactory, he was sure it would be a source of great gratification to everybody in this country, as showing that both Governments had acted in a very becoming and honourable manner.
  EARL GRANVILLE: I think I can give a very satisfactory answer to the Question put in so proper a tone by the noble Earl. The noble Earl stated with perfect accuracy the course taken by Her Majesty's Government and also by the German Government—and I wish to point out that no menace was used by the former. That declaration I should think it quite unnecessary to make were it not that the Papers laid before Parliament have been supposed to be liable to the misconstruction that we had adopted a tone which would have been at once undignified and injudicious, and that the German Government had yielded to menace. Taking up the history given by the noble Earl, I may state that on the 1st of February Count Bernstorff communicated to me a despatch from Count, now Prince, Bismarck, enclosing a report of the military authorities of Rouen. That report showed that the seizure was instituted for military reasons, and that there was no ground, as had been at first stated, for accusing the authorities of ill-treating the crew. The Board of Trade about that time made a careful examination of the claims that had been sent in, with the concurrence of Count Bernstorff, and they had the assistance of the able Surveyor of Lloyd's. They reported on the 15th of
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  April, assessing the compensation which ought to be awarded at £7,073. This was communicated to Count Bernstorff, who, on the 9th of May, stated his entire concurrence with it, and on Friday last he handed over to me a cheque for the amount. I may add that on paying the cheque Count Bernstorff expressed the thanks of his Government for the trouble we had taken in investigating the claims, which would have been rather an invidious task had they themselves undertaken it. I, on my side, had the pleasure of expressing the sense of Her Majesty's Government of the straightforward and friendly manner shown by the German Government, and of the promptitude with which the claim had been settled. I have no doubt the noble Earl will agree with me in thinking that the business of the Foreign Office would be materially lightened if all claims were settled in so satisfactory and prompt a manner.
  House adjourned at a quarter before Six o'clock, to Thursday next, a quarter before Four o'clock.