power would the Colonial Legislature have had if the Act had not passed by which the constitution was suspended? and would it have been competent to do what Durham has done? Upon this point authorities differ, but everybody agrees that, whatever the Colonial Legislature could have done, Durham (with his Council) can do. If, however, Parliament did not think fit to define his power, and great doubts exist as to its extent, the reasonable, indeed the indispensable course seems to be that those doubts should be as speedily as possible removed, and the amount of his authority clearly and expressly ascertained. August 13th, 1838 {p.125} At a Council to-day to disallow Durham's Ordinance. Nothing was sent from the Colonial Office, and I did not know what it was for till I saw Lord Lansdowne. He told me, and then I wrote the Order for the Queen to approve, and he took it in to her. Presently Glenelg arrived, and announced that nothing could be done, for the authenticated copy under the Great Seal of the Colony was not arrived. Then a consultation was held: Lord Lansdowne was for not minding about the Great Seal, and Melbourne chuckled and grunted, and said, 'Why, you knock over his Ordinances, and he won't care about the form, will he?' I said, 'If there is no precedent, make one,' and accordingly the Order passed. They are very angry with the House of Lords, and Lord John said they had behaved very ill, and ought to have waited till the whole case was before them: but I think it _was_ all before them. August 20th, 1838 {p.125} At Stoke on Saturday, where Lord Sefton is sinking to the grave in a miserable state of depression and mental debility. Up by the railroad and dined at Holland House for the first time for above a year; sat next to Lord FitzGerald at dinner, who lamented to me the loss of the Corporation Bill; he said he would not have consented to the lesser qualification, but would have agreed to all the other clauses if he had had his own way. The continuance of the trusts in the hands of the old Corporation he thought unwise, calculated to offend feelings and prejudices, and inconsistent with their own opinion of the corporators themselves. Wharncliffe, on the other hand, told me some time ago that he did not care about the qualification, but he defended, though feebly, the trusts. This shows how dissatisfied the moderate and sensible of the party are with their own proceedings. August 23rd, 1838 {p.126} [Page Head: REVIEW OF THE SESSION.]