serving their own power at home, than forming establishments for our distant provinces abroad. The very great disproportion between the Canadian and British subjects, as was proved at your bar, made it an object of justice as well as of sound policy, that the Canadian laws should form the basis of your system, and that the English laws should only be adopted in criminal cases, where trial by jury gives them an advantage over every other system that ever was instituted. Whoever reflects upon the excellencies of the British laws, whoever considers them in theory, or sees the daily advantages of them in practice, whoever justly admires them for their peculiar lenity, moderation, equity, and impartiality, would wish to see them extended over the whole face of the British empire; but if there are local and circumstantial reasons, arising from the national character of the people, their language, customs, usages, institutions, and I will even add, their prejudices, which in this case ought to be consulted, and not only consulted, but in some measure indulged; if there are reasons arising from these various circumstances, that make it impossible for the English laws to be adopted in their original purity, I will venture to affirm, that La legislator is not only justified, but that it is an essential part of his duty, so to alter and modify these laws, as may best adapt and accommodate them to the peculiar genius and temper of the people, so as to become the best rule of civil conduct possible, and the best calculated to promote their general happiness. It was ever the maxim of the greatest legislators of antiquity, to consult the manners and dispositions of the people, and the degrees of improvement they had then received, and to frame such a system of laws as was best suited to their then immediate situation. Thus, Sir, when Lycurgus was reproached with not having given to the Spartans the most perfect code of laws, he acknowledged they were not the best he was capable of giving them, but the best they were then capable of receiving. Therefore, Sir, without entering at this late hour into the detail of arguments which have already been very largely and very ably discussed, I shall content myself with dissenting from the present motion, and supporting the Quebec. bill upon grounds, and from reasons, founded upon the general principles of the fitness, policy, expediency and necessity of the measure. Colonel Barré, after complimenting Sir Robert Smyth on his great powers of eloquence, assured him if he had heard the the evidence at the bar last year, he would have been of anoother way of thinking. He sported a good deal with the Comptroller's white wand, and was called to order. Sir William Meredith observed, that whatever magic power it might contain, it was no weapon of defence, Colonel Barré said, he might have been disorderly, but desired, for his own justification, and the satisfaction of the House, if there was any standing order of the House respecting the Comptroller and his wand, that it might be read, otherwise he should look upon himself at liberty to allude to Mr. Comptroller and his wand as often as either came in the way; for if they did not contain any great store of wit themselves, they at least bore a strong resemblance to another wellknown facetious knight, they were the occasion of producing it in others. He said, that in the discussion of the Quebec bill last year, he had often asked who was the father of it, but could never receive any satisfactory answer till this day, when the noble Lord's speech, and that irresistible partiality parents are known to have for their own offspring, gave him reason to believe that the noble Lord himself was the true father of that monstrous production of tyranny, injustice and arbitrary power. He next took notice of the Spanish armament; said he supposed the conquest of Gibraltar was what they had in contemplation; that he advised the noble Lord last year to order some additional works towards the sea, as the only place in which it was vulnerable; but it was now too late, for if the Spaniards attacked it with a fleet, the fate of it must be decided in spite of all the possible assistance Britain could give it. The House divided: for the question 86; against it 174. Adjourned to May 22. May 19. No Debate. May 22. No Debate. Adjourned to May 24. May 24. No Debate. The King being come to the House of Peers, to put an end to the session, sent for the Commons: the Speaker, with the House, went up, and previous to the royal assent being given to the bills which were ready, the Speaker delivered himself to the following purport: SIR, Your faithful Commons present to you three money bills; the first for raising money by loans of Exchequer bills for the service of the year 1775; the second for establishing a lottery, and for paying off 1,000,0000l. 3 per cent. annuities, and for other purposes therein mentioned; and the other for appropriating the surplusses of the sinking fund for the service of the current year. These are all necessary grants, but they are yet very heavy, and are what nothing but the particular exigencies of the times could justify, in a time of profound peace. The unhappy differences in America, have been the chief cause of this expence; and I trust, that when the people of America see, in a proper light, the conduct of this country, they will learn to pay proper obedience to the laws; if, on the contrary, they should persist in their resolutions, and that the sword must be drawn, your faithful Commons will do every thing in their power to maintain and support the supremacy of this legislature. A great part of the session has been taken up in determining complaints respecting controverted elections. I cannot but admire the wisdom of the last Par liament in enacting that law; neither can I withhold the praise justly due to the committees who have acted so much to the satisfaction of the public, and so fully in discharge of their own consciences. On the whole, Sir, I make no doubt but you will faithfully apply the money thus granted to the purposes for which it was appropriated. The bills having passed, the King put an end to the session with the following speech: My Lords and Gentlemen,.. I cannot, in justice to you, forbear to express my entire satisfaction in your conduct, during the course of this important session. You have maintained, with a firm and steady resolution,. the rights of my crown, and the authority of Parliament, which I shall ever consider as inseparable: You have protected and promoted the commercial interests of my kingdoms; and you have, at the same time, given convincing proofs of your readiness (as far as the constitution will allow you) to gratify the wishes, and remove the apprehensions of my subjects in America; and I am persuaded, that the most salutary effects must, in the end, result from measures formed and conducted on such principles. The late mark of your affectionate attachment to me and to the the Queen, and the zeal and unanimity which accompanied I have the satisfaction to acquaint you, that, as well from Gentlemen of the House of Commons, It gives me much concern, that the unhappy disturbances in My Lords and Gentlemen, I have nothing to desire of you, but to use the best endea- * Alluding to a bill, which silently passed, for settling INDEX TO THE FIRST VOLUME. Abingdon election, motion concerning, 318 charter, account of, 419 to the King, declaring Motion to recommit it, and de- Conference with the Lords upon Presented to the King, 178 to Craven county, 99 American papers presented, and and debate on, 195 to 201 his speech at summing up, 283 sented, 201; committed, 239; to restrain the trade and Bill. See India, Hindon, &c. 450, 494 Call of the House, 22 Charge to grand jury, in Caro- Colden, Governor, his letters, Conference with the Lords. See Craven county, address to, 98 Cullen. |