presented to Governour Carleton, from the French inhabitants, on his arrival, and their Address to the King, wherein they express their gratitude to his Majesty, for restoring them to their ancient rights and privileges. These, he insisted, were the most indubitable proofs, that the French Canadians were made happy by the change, and that by no one rule of good policy, justice, or a regard to publick faith, could it be expected that nearly one hundred thousand peaceable loyal subjects should be rendered unhappy and miserable, purely to gratify the unreasonable request of two or three thousand persons, who wished for what was impracticable, and looked upon themselves deprived of what they were actually in possession of.

On these grounds he moved for the rejection of the Bill.

The Duke of Richmond said, the present motion of repeal was not supported solely on the contents of the Petition now presented, but on the idea that every noble Lord had a right to propose an amendment, and move for a repeal, of any law which they deemed impolitick or oppressive. His Grace observed, that great industry had been used on a former occasion, and he made no doubt would, he much resorted to, and great stress would be laid on the same mode of reasoning this day, that suppose the powers vest ed by the Act might, on account of giving the Canadians some civil Constitution, suited to the immediate necessity of the case, somewhat exceed those modes of legislation and government usually exercised where no such necessity existed; yet the acknowledged disposition of those, to whom this power was delegated, removed the most distant jealousy or suspicion, that this trust would be abused. That this maxim, said his Grace, applied directly, is certainly true in fact, though notoriously fallacious in every other respect, by way of argument; for where would it lead us, but directly to the establishment of arbitrary power? I am confident, there is not a Lord in this House, who has made politicks his study, or has taken time to consider the different Constitutions of Government that have been framed and established, but will agree with me, that the true end of all civil regimen, is the happiness and prosperity of the governed; and that, consequently, the best Government is that which is best exercised. But I trust there is not a noble. Lord who will openly contend, that, because the person to whom the execution of the laws is intrusted probably will employ the trust thus committed to his charge with fidelity, and a sacred regard for the interests of his people, that, therefore, they should, from their unbounded confidence in him, foolishly and blindly make a surrender of their rights and liberties; thinking his virtues and abilities transmissible and hereditary with his political office. To guard against this mistake, our Constitution was first framed, and every one law enacted to secure to us the blessings we at present enjoy, is directed not to bind good Princes, or direct wise, ones, but to prevent weak or bad men from abusing that trust, necessary, from the nature of civil Government, to be lodged somewhere. I will even come more immediately to the point before your Lordships, to the personal character of the Governour, who is charged with the execution of those monstrous arbitrary powers which are the subject of this day's debate. I do not, for my part, believe there is a more worthy or deserving man breathing I know him well; I have, I may say, lived with him for several years, and I am convinced of his high integrity and eminent skill in his profession; but will it follow, that because I know General Carleton to be a man to whom I might safely trust every thing I hold dear and Sacred, that, therefore, I must wish to trust the Governour of Quebec, be he whom he may, with powers which, from their nature, if exercised at all, must be productive of oppression and injustice; and if badly exercised by any future Governour who may happen to succeed him, may be turned into an engine of oppression and tyranny equal to those claimed by the most absolute despot on earth? His Grace, besides his general argument, applied particularly to the Bishops to rise and explain themselves on the article of religion; and whether they were of opinion that it was proper that Popery should be indulged with a Legislative establishment in any part of the British Empire?

Lord Lyttelton. My Lords: the noble mover has told your Lordship, that the Bill which passed last session, far establishing a Government in Canada, was a, Bill, "abhorrent to the British Constitution, and that it ought to be repealed by the unanimous voice of the House." I shall first put his Lordship in mind, that this Bill was not made for the meridian, of England; that it was framed for the conquered subjects of France, consonant to the faith of Treaties, and to the stipulations agreed upon by the conqueror which was part of the solemn pact, between Great Britain and France, covenanted for, and ratified by, both Nations at the conclusion of the war: and then, my Lords I will go a step further; I will meet, the noble Lord on his own ground; and will uphold that the general principles and policy of this Canada Bill were founded in wisdom; that the principles of it, which his Lordship affirms to be repugnant to Christianity, emanated from, the Gospel, and are coeval with, the religion of our Saviour; that they breathe forth the spirit of their Divine Master; for they are neither principles of Popery, nor servitude.:, they are principles, my Lords, of toleration, unrestrained by prejudice, and unfettered by absurd and odious restrictions. The inhabitants of Canada were Catholics before they were conquered by England, they are Catholics now, but under the jurisdiction of a Protestant Parliament, and under the cognizance of Protestant Bishops, who form a part of that Parliament, and who, I believe, were unanimous in allowing them the free exercise of their religion. In regard to the policy of the Bill, I cannot but think it to be indisputably excellent, because it tends, by the beneficence of its aspect, to remove those rooted prejudices which are carefully instilled into the minds of all the subjects of France, against the laws and the Constitution of England.

This Bill, my Lords, has more effectually opened their eyes, than the perusal of all our Statute books; it has given them, with the mild code of bur criminal law, a share of those blessings which we derive from freedom; it has abolished the torture; it has raised the people from the oppression and tyranny under which they crawled, and has perpetuated in their hearts that dominion, which has so recently been acquired by our arms. But, says, the noble Lord, (and here he seems to press on triumphantly his arguments) you have, by this Bill, affected the interests of commerce, those interests that ought to be most dear to Great Britain: they ought to be so, indeed, my Lords; and so far are those interests from being hurt, that it has been the chief purpose of the Bill to improve them: they have flourished under it, even beyond the most sanguine expectation; for, my Lords, since, the Non-Importation Agreement has been entered into by all the other Provinces of America who but the Canadians have opened a channel for British Manufactures? Who but the Canadians have kept alive your drooping commerce, by taking prodigious quantities of Goods from England, which, by their spirit and diligence have, notwithstanding the unlawful combinations of the Americans, penetrated and pervaded every part of the Continent? Notwithstanding the factious Resolutions of the Assemblies; notwithstanding the inflexible enmity of the Congress, the Canadians have opened a way for the English Trader: by their means he has found a passage into America for his various sorts of Merchandise; they have been carried into all the Provinces; they have even crossed over the peninsula of Boston, These, my Lords, these are the consequences you have derived from this Canada Bill; reprobated, indeed, by the noble Lord, but most cordially received by the loyal Canadians, who take every occasion to shew how sensible they are of its utility, and how desirous of testifying their gratitude.

But the noble and learned Lord has not confined his opposition to the general principles and policy of this Act: he has, with the designing subtlety of a Lawyer, attacked the law part of the Bill: he has told your Lordships, that the intention of it was to throw an unlimited power into the hands of the Crown; that the design was manifest, because they were denied the Habeas Corpus: he has assured you, that by excepting the Canadians from, the salutary influence of this excellent provision made for the liberty of the subject, you have altered the tenour of that wholesome policy, which has always induced, and by law should always compel, Great Britain to give to all conquered countries the full and perfect system of English freedom in return for their allegiance. The noble Lord has instanced the case of Jamaica, of Barbadoes; but, above all, of Ireland, Has the noble Lord forgot, then,