lion
should be transported to Bermuda, and that if any of
them returned to Canada they should suffer death. This
was done before trial and without authority or law. It
was consequently attacked with great vehemence by Lord
Brougham in the House of Lords, on the 30th of July,
and again on the 5th of August, and he brought in a
Bill declaring the true meaning and intent of the
Canada Act. The second reading was carried against the
Government by a majority of eighteen, and Ministers
were compelled to disallow the Ordinance, the legality
of which could not, indeed, be defended.]

August 11th, 1838 {p.123}

Brougham introduced his Bill of Indemnity (a Declaratory Bill) in
an admirable speech, dignified, calm, and ably reasoned.
Melbourne was imprudent enough to talk of 'a trap having been
laid for Durham,' at which the Duke was very angry, and made a
strong speech. Last night they announced that they mean to let
this Bill pass, for that there is a necessity for some such Bill.
It certainly admits of a doubt whether Durham's Ordinance is
illegal, except as relates to transporting people to Bermuda, but
it is inexcusable that he should not have been better advised and
more cautious than to make any such blunder. We were told that
Turton's indifferent moral character was to be overlooked in
favour of his great legal capacity, and now it appears that his
law is not a jot better than his morals.

Yesterday I met Mr. Barnes at dinner for the purpose of being
introduced to him: an agreeable man enough, with evidently a vast
deal of information, but his conversation bears no marks of that
extraordinary vigour and pungency for which the articles in the
'Times' are so distinguished.[25]

[25] [Mr. Barnes was then chief editor of the 'Times.' Mr.
Greville had long been in correspondence with him, but
this was the first time they met.]

August 12th, 1838 {p.124}

[Page Head: THE ORDINANCE DISALLOWED.]

Lord Melbourne agreed to the Indemnity Bill, but with many
complaints of the bad effect the discussion would have in Canada.
Brougham was triumphant, the Duke moderate and conciliatory. No
doubt Brougham, in hitting this blot, was animated with nothing
but the delight of firing a double shot into Durham there and the
Ministry here, and as to the consequences he cared not a straw;
but I am u