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THEf 0RTHEBI STAR. SATURDAY, JANUARY 20, 1838.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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and sauear ^ r . What- did the great Napoleon - " sajrV jpealafi ^ STsaclt a © eraon?— - Saeti ineeal&iara trac « thek . Utopian schemes on paper . " Foofaread « na % f ^ % jEbem ; All are babbling © boot general lajpuieBs , aid presently the people bare not pread % eat ; flien comes a Mrolution- —such v muafly ffee fruit of all these fine theories ! " ^ - No names are attained to these statements , for * nany reason * . One of which is—that if the poor make complaints to any person to interest themselves on their behalf , and in doing so it is directly construed into ^ nsputing the decree the tools of . the * triumvirate send forth of " -working -well , " snob poor persoB is marked for daring to presume , to dispute their authority , and all the underling officers are set
-to -watch them , and the first opportunity vengeance is wvre to come upon them sooner or later , and the anore severe these men treat the poor ( particolaiiy Ihose -sflio can pity them with a smooth tongue and grind them all the time down to the dust ) , the better officers &ey are considered to be . And the second reason is , —Any person who stands itp iu defence of the poor is beset on all sides by a iost of these tools , and is called a firebrand , an infiamer of the minds of the poor , and setting them in array against then- snperiors , and catch at anything Hot can be construed into an attack npon the guar-« Bans jmd their tools , and the guardians going into an investigation or mock trial , "when of course ¦ the guardians acquit the guardians , and their tools and supporters , -who all "know ( like Lord John
Husselrx committee on Poor Laws last year ) flow ^ it 5 s to end before they begin , and for every one plain iact one thousand hypothetical staiementsr-fanciful and theoretical opinions , are one after another tum-Wed and heaped up , and Tarnished overwith moral improvement , bettering the condition , rising in society , happy changes for ; independent labourers thrown-on tneir own resources , instead of being delased and degraded paupers under the old system ; -and thus the poor man ' s one plain fact "is over"whelmed in quantity if not in quality of evidence . The party espousing the cause of the poor turns away disgusted , and thus ends the matter for a time ; "but it must burst out again some time , * and the longer it remains smothered up , the more violent it will be when it does come . I remain , my Lord , verj respectfully , . . Your obedient servant , A SUFFOLKFARMER .
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COMBINATION . ¦ ** ¦ - . On "Wednesday last fourteen individuals ( shoemaiers ) were indicted at the Commission Court for entering into an jDegal combination and conspiracy to obstruct John Maez in Ms business , by forcing Jim to dismiss certain individuals from- his employment . It was proved that Mr . Maez had received what is called a " strike-note , " and that Ms men lad withdrawn from his employment until he acceded to their demand . It was not , however , established that the note was in the handwriting of any " one of the prisoners , although it was sufficiently clear tfiat < he combination existed .
Mr . Bkewstes was counsel for the prisoners . tThe learned geHtleman , in the coarse of lis speech , * aid , "I know and regret it that the most ~ horribl e « nd revolting murders and outrages have been perpetrated iu the streets of the metropolis . J know , * w , that some of these have arisen from combication . But , though I do not defend combination , 2 protest against the charges that have been made « gainst ~ the journeymen . I assert that to fix the outrages which have disgraced the city ¦ upon the ^ respectable mechanics of Dublin is a vile calumny . Xast summer a horrible and atrocious murder was committed , opposite the spot where the guilty expiate their crimes . It is one of the misfortunes of
this country that such crimes are alway 3 committed , after an election . J inow not why we are so accused and do not analyze the causes . But just after . the ¦ conclusion of the election such a crime was committed One suggested one cause , and another suggested another ; and amongst other things it was suggested that tie murder was committed by mechanics or persons employed by them . Those who asserted * his knew it to "be Tmtrue . No honest man could say that it was committed by the mechanics " , or that they knew from what cause it was perpetrated . 'No . ; Irar eembination 13 alleged to be lie cause of everr ¦ rinn g by persons who are interested to hide the Teal ¦ cause , A meeting-was held , on the 6 th November , and then the burden of every one ' s song was combination , and the journeymen were the objects of abuse , and calumny . Everything to vilify and traduce
ihem was uttered , and the most ferocious threats of the direst vengeanee were pronounced against them . Zf I were to read to you the expressions that were Tised , you . wouldbe astonished atthem . You would have no doubt that he who used them was possessed € > i power to authorise the strength of his language . Tirst , it was advanced that not a angle man who iad a vote was engaged in the system of combination Oh , yes , that was stated as a salvo . It would not « lo to attack lie people who had votes . "Well , I am glad of it ; for some of my clients have votes . There is another class , however , who figure in these attacks —a class upon whom , as long as I can recollect , -and as far back as the oldest man can remember , all the evils of this country have been thrown—a class who have long borne the brunt of abuse as the -worst in the creation ; and that class is the low Orangemen . ^ SVith no other class , was it said , uld
this system of combination and those bornd crimes originate bat with them . "Well , after finding out all this—after discovering who were the originators and perpetrators of these crimes—the same person goes on to say , I pledge myself to bring them to the i > ar of justice—I pledge myself they shall be punished . ' In the days of Cardinal "Wolsey it was ego ft meat rex . The free translation of That in this country is , * I and the Lord-lieutenant . * Yes , * I and the Lord-Lieutenant' will do everything . "What was the sequel of all this vituperation ? " vThy-» few days after , all these fourteen prisoners were lurried from their beds at the dead hour of the night , and lodged in the common gaoL It is a rigorous administration of the law , but whether it is jndieious I will not say . I like vigour in the administration of the law , but I do not like oppression . Oh , but it
is inconsistent with the tremendous denunciations pronounced against them a few days before . Since ¦ den , the case has remained with a few interludes of " vituperation and calumny , till the public mind was so poisoned , that it was said , ' the devil ' s in the dice 3 f there can be got a jury honest and unprejudiced -enough to acquit arty one sent before them under a charge of illegal combination . ' Gentlemen , " the iian who invented this cry of * mad dog' has more , to answer for , for the outrages and murders that iave accarred in Ireland , than all the trades' combinations in the empire put together . The ery of * mad dog , mad & > g , ' goes on increasing , till the ¦ wretched being it is raised against is kilted at last ; and then the inventor of it turns Tound and charges the deed upon the journeymen . " ' Tie sboemakera were acquitted .
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BLESSINGS OF A REFORMED GOVERNIV 1 ENT ! - - Sir FraseLi Head , Salaries , Income , and shaie of Seizure by means of Spies and informers " £ 5009 . 1 Tfis Clerk John Joseph , Salary and perquisites . £ 1250 . Judge Robinson , two offices £ 2000 , and perquisites . -Judge Mae&slay , £ 1000 and perquisites . Judge Archibald M'Lean , £ 1000 and perquisites . " Judge Jonas Jones , £ 1000 and perquisites . Judge L . P . Sherrrood , £ 1000 and perquisites . Archdeacon Str&ehan , income £ 1600 . Inspector Geaeral Mafkland , income £ 800 * Jadge Jameson , income £ 1250 . , . Attorney General Bagerman , office and privileges
£ 2509 . "W . - ~ H . Draper , Solicitor General , Executive Councillor at £ 1006 . Adjutant General Coffin , £ 450 . Clerk Leo Executive Council , £ 800 . ¦ Clerk Beikie , Executive Council , £ 800 . - C . C . SmalL Clerk Crown Chancery , £ 1500 . Grant Powell , three oflices £ 809 . James iitzgibbon , two offices , £ 450 .
Councillor Sollrran , various offices , £ 1200 . -Collector Car&ae , office worth £ 400 . Collector Kirkpatrick ,. office worth £ 400 . . - Clerk Sir Francis ' s office , £ 1150 . Clerk Surveyor Macaolay ' s office , £ 1500 . James Nation ' s several salaries £ 450 . Bishop Macdbnd ' s ; pension— £ 666 . . - Secretary Cameron's Salary , £ 1000 , and a host of clerks , fees , perquisites , extra charges , and- so £ > rih .
Colonel Talbofc , poblic paper , allowance £ 450 . Xeariy allowance to Hamzn Catholic Priests £ 1111 . : ¦ - - . ¦
Pensions to Church Parsons the 57 Rectors £ 3008 . Samad Bidout , £ 600 as Begistrar , £ 200 as pessions . . "STiUilWi ChewitPs pension £ 400 . : - ' ¦ ; : 3 & 1 B 8 S » w , public pauper , allowance £ 122 . Surveyor General Macaula * v £ 75 Q . : £ alanes |?^ he : Tory Colleg ^ Professors , S 50 W . Robert : . fibiton , Government Printer , public incomviQSCW ; . ' ' Samnd P . ^ J . arpSf ^ arious offices , £ 400 . —Pram the Toronto I C&zttitetion of Nov . 8 , edited by Msstenzter : i
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: TCKDAx , Ja » uabt 16 . : IatbeHouSE of Lokdb nobosiness of public impprt was transactet T $ 6 House aajotrmea to Thursday .
HOUSE OF COMMONS . the CHANCELLOR of the EXCHEQUER brougftt up papers relative to Canada ; laid on the table . ¦ - . '¦ - ¦ Petitions were presented from Tenby for a Small Debts B 31 , from postmasters , &e ; , of North Shields , for the repeal of Post horse and Carriage . Puty ; from Newcastle , for the repeal of the Marine Insurance Duty ; from the Brentford Political Union , redress toCanadaj from a place in Yorkshire , for an alteration of the Factory Laws 5 from Stirling ,
for a repeal of the Window Tax ; from innkeepers in the Western Counties , for repeal of the Ihity on Post Horses , the Window Tax , and the tax upon Tavern-Keepers ' Servants ; from the Provost , &e ., of Edinburgh , complaining that Medical Practitioners educated in the Scotch Universities could not practise in this country until they had . been examined by the London Apothecaries' Company ; from 79 licensed victuallers of Brighton , for amendment of the Laws relating to thenu
HANDLOOM WZAYERS . Mr . WILLIAMS begged to ask the Noble Lord , the Secretary for the Home Department , whether the Commissioners appointed by the Crown to inquire into the distressed condition of the handloom weavers would prosecute their inquiry by visiting the manufacturing districts themselves , or by deputies ? He had been induced to ask that question , because a strong feeling existed among that class of persons , in consequence of reports having gone abroad that it was intended to conduct the inquiry by means of deputies . He understood from numerous . parties connected with the manufactur ing districts that that mode of inquiry would not give satisfaction , as no responsibility would be attached to a report which would have been made on hearsay . .
Lord J . BTJSSELL said , it wa 3 intended to conduct their inquiries in the manufacturing districts through assistant-commissioners ; they had been already appointed ; and it was intended the inquiry should proceed in a manner similar to that adopted with respect to the poor laws . An Hon . MEMBER wished to know whether the inquiry was to be extended to the whole of England ? Lord J . RUSSELL was understood to say it
was-AFFAIRS OF CANADA . Lord JOHN RUSSELL addressed the House in a speech of enormous length , during , which he said it will be my duty to propose to this House , in the first place , an address to the Crown , stating the concern with which this House has heard of the disturbances and revolt in a part of Lower Canada , and pledging this House to assist her Majesty in her efforts to restore tranquillity , * nd afford protec tion to her loyal subjects . I shall ask in the next ¦ p lace for leave to bring in . a bill , by which the calling of any assembly in that province shall be suspended , and by certain means which I will then state to the House . An authority shall be created
sufficient to meet the emergencies of the present time , and provide for the safe government of the province . Sir , in bringing this subject be / ore the House , I feel that I could not obtain the assent of this House to the propositions which I have now to make , unless I were to . refute two propositions which have been most confidently put forward . The first is , that the course of this country & ¦ respects to Lower Canada is unjust ; and the other is that whatever the justice of the case may be , it is expedient to withdraw our troops from that province , and make an early separation between the two' countries . The powsr of this Country over Canada , depends
on the treaty of peace of 1762 . Soon after that treaty , a Proclamation was issued with respect to the mode of government , but , in fact , for some time English courts , pursuing the methods and regulating itsdf by the decisions of English courts , took ¦ p lace in the province , and according to a report made by General Murray , who succeeded to the Government of the Province in consequence of the Seath of General "Wolfe , many hardships and grievances were suffered by the French Canadians , in consequence of oppressions in the mode of administration ; but , sir , whatever those might be , a remedy was applied to them by the Act cf Paliament of 1 " 4 . Sir , I conceive that never did any ' conntry give a stronger proof of its wishes to act
according to the wishes , habits , and prejudices of a nation , that this country did by the Act of 1 / 74 ; for tie settlement of that Act was , that the Roman . Catholic Religion should be established in Canada ; that the Clergy of that persuasion should continue to receive tithes and other dues of the Church Establishment ; and , in the second place , that theYrench Laws with respect to property , with the exception of the criminal law , should be allowed to govern that country . This constitution lasted until the year 1 / 91 . At that time a new constitution was requested : and I nmst . say that in looking back to the events of that period—on looking to the enactments of that law , with the light which experience has given us—that I think we are entitled to sav that that law was not
very -well formed with a prospect of its permanent continuance , and a prospect of perfect harmony in that" country . ( Cries of hear , hear . ) Sir , the policy , of this country wiih regard to her colonies has been generally a policy of great inconsistency . I think in looking back to the benefits of experience , that what was proposed to Mr . Tox at that time would have been consonant with the principle upon which the colonies were founded , and -would have given a better prospect of tranquillity . Mr . Fox maintained that it was not wise to separate the provinces of Upper and Lower Canada , but that it would be . a better course to admit a full influx of British colonists into those provinces , to
endeavour to introduce gradually the : spir it of the British law and to allow the colonies governed by British law to have institutions as nearly as possible adapted to the British constitution , having , as he saw , a due weight of aristocracy . ( Hear . ) But that which might have been adopted in that day was not the course taken , and a law . passed on the presumption that the French would entirely inhabit one province , and the . British settlers the other province of Canada—Lower Canada being destined for the French Canadians , and Upper Canada being
that province into which it was expected that Brit ish emigration , and enterprise would flow . Sir , at the same time , there was introduced into each province an Assembly , consisting of the representatives of the people , with rather a low rate of franchise , and a Legislative Council , to be formed partly of members with hereditary titles , and partly of members named for that purpose by the governor . That I think was not a just limitation . " Wit ^ ferespeet to the House of Lords in England , we all know that every privilege may be liable to abuse at times , yet we all know there must be some distinction of
eminence , or some possession of large property to justify the minister of the crown in proposing to the sovereign to raise a commoner to the House of Lords . In the Governor of Lower Canada that discretion could not to be so wisely placedthe difference between one individual and another in that province not being so great as exists in this country , to prevent the distinction being conferred upon persons who were not entitled to it . —But with respect to the House of Assembly I think , Sir , that ite constitution was hardly well studied , when we consider the great power that was given to it , and when we consider the state of education at that time among the people to whom it was given . I am
happy to say while legislation was carried on with kindness towards Canada , they had conducted themselves ia a most praiseworthy manner ; and on the two great occasions of the war which ended in the independence of America and in the war with France , the Canadians came forward with loyalty and zeal to show their affection for this country . ( Cheers . ) But , Sir , the constitution so formed did contain within itself tie seeds of difficulty , but for some time those difficulties were not sensibly felt . In 1810 there was some violence on the part of the Canadians and tiie Assembly of Canada , but the dissensions upon which -much' of Vhat subsequently took place turned began in 1818 . It had for seme time bees the practice in Canada to vote away certain sums for the maintenance of the government ,
and what other money was required was given by the votes of the house . . The Assembly of Canada had asked that all the supplies should be voted by them , and a petition to that effect had been presented j that petition was rejected at the time , but was afterwards adopted and made a proposition by the Assembly ; but when the Duke of Richmond was t&iere , a new mode of-voting supplies was proposed , and they were afterwards given "by what were called chapters . Soon afterwards , Lord Dalhousie made a peneaiieDt grant , and thi * led to great confusion in the Honse of Assembly , who insisted that they "had the right only to give the supplies . However , sir , -these ilisaEnsions led to new debates , and after a certain , time , Mr . Huskisson , wbo was then Colonial Secretary , j ]» Bght fit to bring the questions then at
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issue under £ he cpnndefition ' ' of p ^ Bament , aid to propose a eominit ^' o ¥ ihig | o ^ i - ; Ka « r , « r , before I Mate the report of the connnfttee , I istfBh to call the attention of the boose toihe'ingtructidns whw-h were given by Sfr Geoj ) ge Murray ^ raTwequendy Secret tary of State , ^ beftre theIrejkjrt of the ^ ownmltteellad had been teken : into ; consideration . " SirGtsorjge Murray fonhef ' that there were certain duties imposed by an act of the Imperial Parlianieht ^ in lieu of cer- > tain other duties , to be applied U > the public service of Lower Canada . He accordingly in ? trflcted Sir J . Kemp , that With the exception of the proceeds of these duties , no portion of the funds of Lower Canada should be applied to the public service , without the
consent of the local legislature . This clearly show . ed that Sir G . Murray , acting as Secretary of State , under the Duke of " Wellington , / meant ^ fo . bmdhunr . « lf and the government in whicjj heMqnged ,, # « yi exact and precise observance of the corisututitfh of Canada . He saw that by these ? instfectioni * h& would ! make the government dependent oh the House of Assembly for pecuniary resources , ! but he embraced the necessity , and : recognised the constitutional rights of the Canadians In 1833 a supply bill was passed by the House of Assembly containing most unusal conditions- , 'providing that the persons holding certain offices should not receive their salaries unless they cease
to hold certain other offices . Now , these ; propositions may have been just , or they may have been unjust in themselves ; but the bill was rejected ^ and the Noble Lord opposite ( Lord Stanley ) then at the head of the colonial department , allowed that ground of object—that these provisions were in the nature of tacks to a money bill , and that the bill could not be passed in that shape . Sir ^ I think the Noble Lord was right in allowing that objection . ( Hear . ) But , Sir , the supply bill having failed on that ground , in 1834 the Assembly met again , and adopted a new course , which has led to the present difficulties . The course taken by the Canadian Assembly wag to pass 92 resolutions , some of
grievance , some of eulogy , some of vituperation , some directed against individuals , some against the Governor , some against the Government at home ; but alt , iu affect , amounting to a long and vehement remonstrance ; and in framing this remonstrance they passed the whole session , and separated without passing any Supply Bill whatever . In August , 1637 , t iie Legislative Assembly refused to grant the supplies required by the Governor for the purposes of carrying on the Government of the colony , and Lord Gosford consequently prorogued hat assembly without the supplies being granted . ( Hear . ) He would now call the attention of the House to the resolutions passed-last
session . It appeared soon after the receipt of these resolutions that violent meetings were held , at which the resolutions were denounced , and the government of the colonies held up to odium ; while the example of the United States was held tip for imitation . Yet , notwithstanding all this , Lord Gosford did not recommend the adaption of severe measures ; but cherished and . expressed a hope that a better spirit would soon prevail .. But after this had / gone on for a considerable time , it appeared that ; meet ^ ings of a still more formidable character continued to be held , and Lord Gosford therefore considered it bis duty to dismiss from their situations those roagis * trates who took part in such . proceedings . The
Canadians then appointed themselves persons to the vacant offices , and refused to acknowledge the , authority of any others . It was obvious that the election of these officers was practically a throwing off the allegiance of the Canadians to this country . On the second of September Lord Gosford wrdte borne , that the Canadians would not be satisfied with any thing short of throwing off their allegiance to Great Britain , and having a Republican Government . On the 9 th of December , Lord Gosford wrote that he did not believe that the disturbances were wide spread , that he did not think they would extend beyond the district of Montreal , and that he thought the great mass of the people w » re well
affected towards her Majesty's Government . Soon after this some riots took place in Montreal between the Queen ' s troops and the Papineau faction . Lord Gosford therefore wrote to "Sir John Colborne to put down by force any disturbances that might arise in the province . A troop of county volunteers were accordingly sent out for that purpose ... Their object , as the House were aware , was soon accomplished . It appeared afterwards that when Sir John Colborne sought to arrest those who were the , leaders of the resistance to the authority of the Queen , another collision took place between her Majesty ' s : troops and the rebels at St . Denis . In this state of things he ( Lord John Russell ) was sure that no man would
deny it was the duty of the Government lo the provinces to use every means in its power to restore tranquillity . Sir John Colborne was fortunately not only fully acquainted with the country , but was fully instructed as to the steps which he ought to take in such a state of matters . He took those steps , and succeeded in putting down those who took up anus against her Majesty . Although he ( Lord John Russell ) : must lament that civil war should exist in any part of the Queen's dominions , he trusted that few persons would be found who
entertained any other than a feeling of satisfaction that . the troops had succeeded . —( Hear . )—Another question referred to : the property of the Jesuits , which , it was said , should have been appropr iated for the general purposes of education . That has also been done—the whole of that property baa been already applied for the purposes of education , and the grievance was now contained in a subsequent resolution , relative to the leases which had been given of this property to one family in preference to another . This was a grievance , which , unless the whole administration of these estates
was ' placed in the House of Assembly , to enable them to confer upon their friends and nominees , it was impossible to concede . — ( Hear . ) Another question referred to the . Crown and Clergy reserves , but I would refer the House to the dispatch of Lord Ripon ou that subject , which does the highest honour to his wisdom , and in which he declare , himself ready to put an end to the former system , while k 6 the same time he states that he Is not ready toadopt the remedy suggested by the House of Assembly . The Noble Lord here read an extract ftorn the
dispatch of Lord RipoB upon this subject , in which he pointed out his reasons for dissenting from the House of Assembly . Lord Ripon stated that it was bis opinion an end ought immediately to be put to the system of reserving one-seventh of all waste lands for the benefit of the Protestant Clergy of Canada ; ( hear , hear , ) and in order to guard the Governor against even the slightest suspicion of partiality in the disposal of the lands , thr utmost freedom of bidding ought to be encouraged —the greatest publicity of t ; : e sales given , and on all occasions the sales ought to be effected with the highest bidder . Now , sir , I ask ( said Lord J . Russell ) whether that proposition of Lord Ripon ' s
w . not one more calculated for the benefit of the province—more fair in itself—less liable to any suspicion of partiality—less liable to the charge that Government might derive any influence from the disposal of those lands , than that which the Assembly had made ; and whether for the grievance a full and adequate remedy was not provided ? Sir , there was another grievance , as I have before stated—or rather another dispute . It was a dispute with respect to the duties derived under the act of the 14 th of George III . With respect to those
duties , it was urged , and rightly held , 116 doubt , by those who held the government of : this country , that the law here bound the Treasury of that country ; It was urged that the act of 177 S and the act of 1791 taken together made it tit that those duties should be levied , and that the appropriation should be in the Colonial Assembly . The committee recommended that that view should be adopted , but they ^ recommended that the appropriation should be applied to the salary of the judges and the officers . The Assembly did not agree to that ; and what was the conduct of this House ? An act was introducpd
in 1831 , moved by Lord Ripon' in the other House of Parliament , which entirely repealed the power of appropriation in this country , and left it to the House of Afsembly of Canada , without stipulation , to dispose entirely of those duties . Could there have been any remedy less hesitative—any remedy which showed a more generous coniideuce than the remedy which Lord Ripon proposed with respect to that ? I next come to call the attention of the House to the course adopted by the committee of of 1828 . This committee made a report containing many valuable suggestions , and was highly spoken of in an address of the House of Assembly of the 21 st November 1823 . It was stated by ' the
committee that they were of opinion that the revenues enjoyed under the act of 1778 should : be given upf to the . Assembly , but $ . t the same , fcne they were " 'df opinion that the judges should no longer hold ' their offices at will , or even during good behavjbur , but that they should be appointed for life , and rendered independent . In this , there was much good sense , but there arose a . circumstance soon after which jshowed the necessity of it , a circumstance which will scarcely gain credit in this country . , A certain judge was heard to express an opinion adverse to some of the potions ' of the Assembl y a short time befbre he received bis appointment as judge , ' and will it "be believed that the Assembly judged it decent and proper to withhold the salary of the jud ^ e after
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because of ^ e ; op inionsWwhi ^ 4 Taagi ^ n utterance P Y ^ Bea tlie" ] c ^ i 9 n of te ^^ 3 fi ^ ftefe iraar stated in jCaha ^ in ^ S , : the ! ffioa ^^ ^ iJCTftbi ^ allowed wait th ¥ deniaiid wasreaeonablej and tbey agreed'that the ' G ^ v ^ r qbr shouH ' ¦ be ? alldwed to ga ^ tte judgeS ^ tliioiaV any ;; apVeal to ^ : ^ s ^^ mMj 0 order to « eciure the inSependea ^ of ^ tejoid ^ es . ( Th& Noble Lord here read extracts from the proceedings of theA 8 sembly , enumeratingtheirgrievaace 6 . ) Now , 8 ir , I will adTert in iom « degree to what has been done in prierjto / remeSy those particular grievances . ^ With respect to the independence of the judges , Lord Goderich fully concurred in the reasonablene ( -s of the Recommendation , and himself suggested some
improvements for the consid « ratipn of the House of Assemblyi But what was the ; conduct of the House qr Assembly upon that occaision ? . They passed a bill in accordance with the recommendation , but to that bill they tacked other provisions respecting the Civil Government , aud ¦ appointing a court for the impeachment of tW Judges . —( Hear . ) Now , sirij this was the manner 6 f treating a proposal of this nature , which raised a grave « uspicioh « that the object which they wished was not that for . which they had asked . Simply and by itself this bill was a positive good , and the tacking of other provisions to'it which could not be agreed to -was a proof that they did not wish to rid themselves of thie grievances of which they cbmplainedr The next demand , sir , is for the responsibiiity of the public officers and a more intimate' conriectioii with the Colonies of those
persons composing the Legislative Council . Now , sir , with respect to these subjects , upon which nrifortunately there had been the greatest difference of opinion between the Crovernnient arid the House of Assembly , there never has been any objection-rany opposition to the ternis of the resolution ofthe House of Assembly , It was determined at once that the Judges should be told that they ought hot to sit in the Legislative Council j with : the exception of the Chief Justice , arid a number of persons were appointed having no connection with the Crown , and giving a great majbriiy in the Legislative Council to those who had no connection with the Government of the eountry . There was likewise an
attempt to introduce a number of French Canadians into J -the Council , by far . the majority of new members being Freaqh Canadians . ^—( Hear , hear . ) He had . thus traced , the . history Of Canada in its connection with this country j from the time ; of its becoming one of our colonies up to the present time , and he would now come to the question , whether it was for the interests of Great Britain , setting aside all corisideratiojfas a « to the justice of the matter , to abandon the Cariadas . He ( Lord J . Russell ) would say at once that he could not bring his mind to an affirmative cbnc'iu ? ion . He at once said no to the- ' prpposition , whether it would be right to desert those British settlers in those colonies Who
continued true ; to this country , arid leave them to the angry passion * of'those who had threatened them with plunder > -- ( Cheers . ) There were other considerations which should induce the House to pause before it came to the coriciusion that Lower Canada should be made Republican , and that Upper Canada should be joined to the United States . "Were such a change to take place , it was obvious that neither Nova : Scotia nor New Brunswick could be kept ; The question would soon be , whether we should not abandon North America altogether ? He ( Lord John Ruisell ) believed that the whole of these prpyinces augmented the power and conduced to the interests of' Great Britain .
He would therefore say , as regarded the policy of this country towards . its- 'Colonies ' , that we cannot abandon the T provinces in North America .- — He would say for himself , that if it could be shown that injustice had been done to Canada , he would be prepared to retreat ; but he came prepared to justify the course which governnient haul pursued towards that colorij ^ , and also to justify their determination to retain it . The question then came to be this , what is to be the future policy of government ftowards Canada ? No man could doubt that , the first thing they should do was to provide the necessary means for ; patting' down the insurrection . ( Loud cheers . ) He would not at present argue the question whether or not governriiunt wefe to blame in not hayingfbad a greater force in Canada at the present time . The question for consideration at that time 1
was , whether the house were prepared io grant that additional force which the government might deem necessary . A noble lord had said on a recent . occasipu at a public meeting , that ministers should be brought before the bar of that hou ^ e for allowing an insurrection to break out iu Canada . If this were so , ministers were prepared to meet the charge . The question for thJe consideration of that house that night-was , what lueans ought to be taken , and what measures ' could be agreed on for maintaining the allegiance of our American , colonies , to their Sovereign ? He ( Lord John Russell ) thought that it would be necessary that a . large- force should be . in readiness to start . ' from' this country so' as to be in the Canadas in the spring . The general plan which he proposed , and which he would introduce into the bill which he would that
night have ' the honour to introduce to the , House , was to suspehd that part of the constitution of 1 / 91 , which rendered it necessary to call together tiie House of Assembly ; and he proposed that in the meantime a power of legislation be vested in the Governor and Council . He would riot state at that time the number of members of whom this Council should consist ; but not less than five , must be present at each deliberiition . Every proppsition . ' must be madeby the Governor . For that / purpose , all the power ' s ' of legislation necessary , to carry on the
government would be tntrustcd to the body . Any act which might have expired , or which might have become ¦ necessary j- would be rriade by therri ; but they Would have no-power to alter , the constituent body , nor coijld the House of Assembly be called together again by their act only . In order , to briiip about iin amicable adjustment of ' existing differences in Canada , there should be a connnittee of tcri American authorities selected by the governors from the provinces of Upper and Lower Canada . Three of these inust be chosen .. frpiii the , Legislative Council . It was the intention of the Goverment that a free
constitution should continue to-exist' in Canada , the powers thus conferred on the Gpyerrior in Council being only of a temporary nature . He ; did not propose that the final settlement of the question of Canadian -differences should be left to this body . The Imperial Parliament was the supreme Legislative authority in all such matters . The rheasures of this body would all be sent to this country , for the consideration of Parliament , by vvhpiri they _ w ' ou \ d . ' be altered and modified , according to circumatances . j He ( Lord John Russell : ) did not despair of the -pliix . he proposed- proving effective . At the same time i | t was most , important that the person sent out from this country should possess such authority and weight as would enable him to negociate with the Canadians with soirie cbancc of suc ^
cess . He should be a man who Was well acquainted with all . the transactions ' which had taken place between that Colony and this Country . He should also be conyersant with the States of Europe generally . It was likewise important that such a person should not be adverse to Liberal principles and free institutions . He ( Lord Russell ) did not know that he should refrain from stating that the man who had been invested by her Majesty wift these high powers , ' and been entrusted with these ; high ¦ functions , was -the Earl of Durbam . ^ - ( Cheers froni the Ministerial , benches with manifestations of disapprobation from the Opposition side of the House . He ( Lord John Russell ) thought that the differerice
which existed , in Canada were capable of being settled , and he Avould now proceed to state what the advantages were Which the Canadiaris derived from their connection with this country . He should state as the first arid the main orie , that the Province depended on the army and on thb navy of this country for defence , which to it was no charge . In the last year a sum of £ 220 ^ 000 hdd been vo ted by this country for the military and naval defence of Canada , whilst tb ^ proportion paid by the Colony for this purpose . ' . " was orily f 1 ^ 200 or £ V , 500 . WIf the Colony were in the situation of , the United States , for , according ! to the last estimates there , the States were subject to a charge of five niiliions as the expense of
their army and Navy ^ -if Canada were thus situated , there might have been some complaint ; but the taxes of the Canadians were light , and the disposition of the revenue of ' .: the colony was distinctly favourable to , the interests of the people . In 1833 ; the amount voted to Canada wsw ^ 167 ^ 000 in round numbers . ¦ Of this sum only ^ 57 , 000 was to be appropriated to the support of the civil government , whilst j £ 7 OjOOO was appropriated to the internal government of the country , and £ 29 , 000 to the purposes of education . The Canadiaris . had no to
^ reat reason complain of their laws , their taxes , or of the general disposition of -the revenue , still less had to complain Of pri the subject of trade f arid this was one in reference to which the imperial legislature had a a right to bind the . ' -colony . It was one with respect to which ; the' imperial legislature had a right to force its own manufactures on the colony , : 6 r to restrict the colony to certain sources . Bnt'he would ask , as to Ciinada , * if between any two independent colonies thef ; e could be a treaty of cornmerce so favourable to Cfanada as that which existed between it and the mother country . Vfhy . then v
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if ? tlw , situation of ttfe- people of- &nada wer ^ napipjrwith Tespect to ' their internal c « n&tion , ei » i viable withlrespectfcethei * laWsJ tbeirfiriances , and fteir trade—if tbisiwatf jso , he ( Lotd JT . Russell > could come without difficulty toyask thie House to agr ^ e / with him on the siibject (» f the A ^ U drisspwbich he would propose . 4 The Address hte Would propOTe ^ after ^' thariking fer MaJM gracious comniunication of papers : relating ^ ta the affairs of Canada , " and •• assuring lier Majesty that the anxious consideration of this House Buali be given to the preparatiph of such measures as the pre . sent exigency ma : y ^ require , " proceeds—^ To express ^ to ¦ her ; Majesty our ; deep concern that a
disanected ; party in Canada .. should have had recourse to open violence and rebellion , with a view to throw off their allegiance to the Crown . To . declure to her Majesty bur satisfactipri that their designs have been opposed , no less b y her Majesty ' s loyal subjects in North America than by her Majesty ' s forces ^ and to assure her Majesty , that while this House is ever read y ; to afford relief to real grievances , we are fully determined to 8 upportthe efforts ' of her Majesty for the suppression of revolt , arid the restoration of trariquilitv . ''
He felt confident that it wouldniotbe the wish of the House , in carrying the address , to carry , into effect any project of harshness or _ severity , still less of ven ^ geance , against the misguided men who opposed the arriis of this country . He felt assured that Sir J . Colborne and those who Would succieed him would dp their utmost in accordance with the expressed wishes of Government to niake the warfare as little liable as possible . He felt assured that by the road of clemency alone a recoriciliatipa with the parties which distracted Canada could be effected ; He felt
that with respect to the greater portion of those who had been led to rebel , ignorance might safely be attribnted as the chief cause of their conduct . He beiievee that a few guilty men had precipitated th « re 8 ult- ^ that they without cause had proinoted the rush to arms , and put the question to the issue of blood . He was sure , however , that those persons would lose all credit with their fellow-countrymeri . He felt that this empire could still be maintained , and if they agreed with him that it could be so , be would ask them to applaud those who were faithful to their Sovereign , to this country , arid to their own , and to maintain the integrity ; 'bf the empire . ( Cheers . ) Mr . HuwLE , After some preliminary observations ,
said—Let them look to the conduct of Lord Dalhousie , as Governor , before they blamed the House of Assembly . The conduct of that House in considering the supplies item by item had given offence ; but before this was' complained of they should first say how the House of Assembly in doing this had acted beyond their powers ? Was there any thing more legitimate than the considering those charges item by item ? And was it not a reproach that they should be denied the pow ^ r to interfere in their expenditure , and to pass the sums they Considered fitj with such conditions ! as they thought were best suited to the country ? For if any authority was ( tiontinued in our Eighth page . )
Thef 0rthebi Star. Saturday, January 20, 1838.
THEf 0 RTHEBI STAR . SATURDAY , JANUARY 20 , 1838 .
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SCOTLAND . Freemen , —I am about to address you upon a subject of most vital importance- —a subject in which is involved every consideration dear to you , to your children , and to your children's childrena subject which , according to your resolve , may be either looked upon as the foundation of your rights and liberties , or as the completion of your degradation , disgrace , and ruin . After a trial of riiore than eight days , five men of your order , and of good character , have been declared guilty of a .
CASE OF THE GLASGOW COTTON SMNNERS . TO THE RADICALS OF ENGLANDIRELANDAND
transportable offence , by the opinion of ONE man ; Above all , hear that fact in mind . A Scotch jury consists of fifteen jurors ; seven of whom , in the case alluded to , were for a complete acquittal , and eight returned an opinion , that the men . were guilty of several of the charges preferred against them . I cannot be too minute and explicit upon this part of the subject . In France it requires perfect unanimity of two-thirds of a jury to convict ; the jury consists of twelve , arid eight must agree . Should they divide , in tbe proportion of five to seven , the Court has the
power of deciding . In England a jury must be unanimous ; one for the prisoner , arid eleven for the Crown , amounts to JanacquittaT . In the Slaveland , Ireland , the law is the same . The . maxim of the law is , where a doubt exists , the jjbenefit shouldbe given to the accused . The list from which the ONE jury-man ( or Scotch jury ) was selected , consisted of sixty-five names , five of those on the list wrote to the agent for the prisoners , requesting to be passed over , in consequence of the great prejudice which the Press had produced upon their
minds . Five , mind !! That is one in fifteen ; and th « men wera " convicted" upon the opinion of ONE IN FIFTEEN !!! So stands the case , as regards the jury . Now , in the common occurrences of life , should an argument arise in a company of fifteen persons , the fact of the disputants standing upon their opinions ,, as eight to seven , leaves considerable doubt as to which side reason and argument belong ; and in such cases gentlemen acknowledge that the question in dispute is not satisfactoril y settled ; but in a case which involves the very lives
of five fellow creatures , the opinion of ONE man m fifteen , after an eight < lays' trial , decides the question !! I have placed the matter thus simply before you , in order to lead your minds to ' another consideratioD , namely , the fact that Englishmen , Irishmen , and Scotchmen are strugaling for the same object , —top . protection of their labour against the dominion of capitaL The object is .. the same , but the mode of trying offences against capital , is not the same in the three Countries : and therefore my appeal to you , is , in order to substitute good and sound public opinion , for the vicious opir nion of "Dominie Sampson , - ' who was satisfied
with his own unanimity ! ! For , however the agreement : of eight maybe pleaded , yet was there but a majority of One / Never lose sight of the One . There has been no verdict in this case ; the word verdict , is derived frpm the Latin words , u verum dictum j" meaning " true saying , " arid applicable to the jury in Unity , aad and not in Severance . The " Jury- means the Whole body , and their finding should be unanimous but with respect to Scotland , the law is differeat . Justice required that upon such a turn of the scalej the benefit should have been given to the accused . We must not in all cases be afraid of
arguing against law , because it is law ; and therefore I at once use this as a precedent for an alteration in the law of Scotland , arid would implore you to take this calm , manly , and dispassionate yiew of the case . Those five . men are now my clients , and you are the Jury . No incautiousness upon my part must dauiage their good case ;—no JpREMATCRE violence upon your part should endanger their safety . You will read the whole trial , and after deliberation , I have ho doubt you will act as becomes freemen . I wish you to bear in
mind , that the . press of England arid Scotland had been busy in poisoning the : public mind against the Spinners , by the oft-repeated falsehood ^ that incontrovertible evidence would bring the charge of Murder home to the Prisoners ] and although unanimously acquitted of tliat charge , yet the Press , the Jury , and the Authorities falsely imagined that the : public mind would be Satisfied with a
Sentence of Transportation where Death was expected . For myself I never entertained a ribtion of those brave fellows being guilty , even of one offence ; therefore I am not Satisfied . — -I heard the eviderice of one of the £ 600 blppd-hounds , : a devil of the name of Moat j arid the flippancy . with which he despribed the most minute transactions , arid : facte , and conversations , far years gone b ff ^ caused irrepressible expressions of disgust in the
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Ifflportance prc 4 ** d byith © tw ^ W ; ^ d jj&feioatonr-. like , he was actually pirtmnning coii ^! v : ^ ap ^^ ^ ppiii ^ nent pf ' < Secret bpmrintte *?^ wms •' . * question , of inoment with the Grown ^ and the- ntt > iB «^/ i ^ Wopa-hPurid wasput upon thei scent ; beigave thefbU lowing answer to } M > HandystDE ; with reference ; tothe ¦ purnoses for -which the Secret Gommittee was Appointed . " For ; the ^ purpose ^ ' said he j « of doing afl the mischief they could to life ; and property !!^ The answer was met by an expression of disgast againsjr thei witriess , ^ ^ from all parts of the crowded Court . ' ; : ^ ' . ¦ : ¦ ' } ¦' - : ' . : ' , ' .- ¦¦" - ¦ ' . ¦' ¦;¦ ^¦ :. ¦¦ . ! .:-:.- , ¦ - •¦ '¦ ¦ - '
The prisoners stood charged with offences iWthe 5 th and iOth counts of the indictment , Jto . which counts the evidence could not be separated ; yet ^ theieight "modern Athenians" acquitted tiie $ A ~ spners upon pne cpuritj an ^ found them guilty upon the other J ! that is , the wise men said they had ,. and they had not , ^ : committed the 1 offences laid to their charge ! !! Should hot this fact alone have galled for the interposition of justice ? But , no ; the Scottish jury law inadeScotiana the fittest field to fight thebattle of Capital against Labour . Of course
you will see the impossibility of commenting upon the great bulk of evidence adduced upon the trial , andthe consequent fpUy of taking--it in part , ¦ -. 'in th « narrow compass of a letter ; but you have to ask yourselves , after trial and sentence , whether or noyouare ashamed of associating yourselves with that struggle in which the Spinners were engaged . I anv not ; and therefore shall perform my part . Remember Dorchester , and the hours ; bf trouble which
our first apathy caused us ; recollect , —good God , — ah ! poor men , —recollect the piteous account which Loveless gives of the horrors to which your brave brethren ^ will be exposed when oncehanded over to the guardianship of the cruel tyrant against whose power no voice from the oppressed canreach your ear . At a time when the Liberator of Ireland is requiring affidavit-evidehee to accuse and condemn the trades , at the moment when you are threatened With a still more coercive anti-labour
code , can you . Will you rest in peace , white vengeance is to be taken upon those who had the manliriess to perform what you dared to suggest ? Now , theny for my advice ; meet in every town , village , and city thrpughout the empire ; lay aside the con-, sideration of every other question ,: and first restore the Spinners to ; their families . Petitiori ( though t hate it ) the House of Commons ; let your language be firm arid decisive , arid demand the instant trial of
the King of Hanover as a British subject for high treason ; paper the walls of every cottage with your deinands , arid recollect , that the Scotch precedent establishes our authority ( if not our right ) to travel through facts for years gone by . Let time be taken to organize tbe public mind upon the subject ^ and let our meetings be as nearly as possible about the same time . ; Let the men , woriien , and children , of Glasgow meet on Moriday , the 5 th of
I ebruary , to petition Parhamerit for a remission of the sentence of the Cotton Spinners * arid let them all be ; sent to Mr . Fielden for presentation f let-him then move upon them ,- and , in the mean time , he should inovo for a copy of the conviction . Englishmen , Irishmen , and Scotchmeri , you cannot Behold ;/ passing events , without being . struck with
awful forebodings . ... You behold ] a middle . clasr Government your deadliest enemy , being established ; and wl » Ue demagogues flatter you with a promise of be'tter laws , they use those in existence to crush and torture you . Look ,: therefore , to yourselves , and look to your Order- —look to the Spy System established in Dublin , and ; the volunteer evidence of Master-Painter Conneby ^ Oh ! what a voicana
of abuse has burst upon the trades of publiri , when the protection of the master-spirit was tendered to the slanderer . I wish you to road the speech of Mr . BreIwsterj upon the trial of the fourteen Shoemakers ^ indicted for Conspiracy , and acquitted even in Dublin ; He has put the saddle upon the right horse . ' -Let tradosihen make laws to protect trade ,, and all crime and disorder will cease but Trades ' Associations are requisite and necessary , as a substitute for thati pTotection which the laws refuse to industfj " . I haye a right to speak to you ; in the language of dictation , because , of all the meri ( since
the passing of the Reform Bill to the present moment ) who have represented you , bethiri , and out of Parliament , I alone have stood to my pledges , and supported you and your cause , —through evil report and good report . The day will yet arrive When justice will be . doneto ^ oriey who , by bis personal exertio . h , arid without a single journal to support him , organized the people of England and Scotland so . as to make , their - united voices a terror to tj-rants Friends , I address you as . founder of the Radical Associations of Englarid and Scotland , as accredited Missionary of the Radicals of London , and as elected 'President of the National Association of Scotland .
I have a right to expect a response to my appeaL I have laboured , for more than five yeaTS in your cause , -and am still untried and ready to join with you in the glorious pursuit of liberty and freeddm ^ I kiiow what the people can do , —they know what they ought to do . Rampant tyranny is stalking through the land , — -treason has come upon us from the quarter where we had least : reason to expect itr The viper , whom you Hurtured in your bosom , hasstung ; you to theheart ; but let the united efibrts of the faction , present themselves as they may , our Union , our power , and our perseverance , will triumph over their wile , their treachery , and their treason . ^ Your faithful servant , ;• '" F . O'CONNOR .
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--. ¦ PAHLIAMENTARY REVIEW . Once more it will be * eeri the House bag beenopened , for the actual doing " -of mischief ; On Tuesday last , ^ the collective wisdom" was again convened ; fop the purpose of robbing ; the people , coercing the . Canadians , bamboozling the Hand Loom Weavers , and perpetrating such other civil and social outrages as might , be requisite . Lord John . Russell communicated the information that the enquiries : of the Hand Loom Weaver ' s Commission were to be conducted in the same manmanner as those of the Poor Law Commission ; and
we predict that they will be attended with a result just as profitable , and no more so . On ^^ the affairs of Canada , . the little statesman amused the House for three hours with one of the most deceptious speeches ever uttered by the tongue of man . The burden of his sPngwas the readiness with which the British Legislature had always promised to redress Canadian grievances ; but he forgot to tell : them , as Mr . Hume well reminded hini , that while they had " jpromised '' . for ten years together they had never performed- anything . He enlarged magriiloquentty on the ' instructions of Sir George Murray , and the minute ; of Lord Aberdeen , as testifying the
desire of the British Government to respect Canadians rights : " . ; but bverlpoked the important little fact that " those insrructiori 3 , and that minute , had been a dead letter , never acted on . . He abused the House of Assembly for : refusing to vote supplies , while he admitted that in doing so they had not gone one step beyo&d the exercise of their ; constitutional righu He demonstrated that Canada is ''¦ at all times an immense burden to 1 England , and . neglected to . shew that England derives any benefit froni Canada , whil e ^ at ; the same tirrie ^ he ¦ insisted that it would be impolitic to relieve pur selves from the burden ! i True he forgot to shew w % it would be impolitic ;
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Citation
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Northern Star (1837-1852), Jan. 20, 1838, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct338/page/4/
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