Digitized by the Internet Archive in 2010 with funding from The Library of Congress

http://www.archive.org/details/lowercanadawatchOOchis

lan

LOWER-CANADA

W A T C H M A Wt

Pro Patria.

BCnsstow, 2a. <^.

1829,

'«>\

• * <

• •» • ••

' «• • •

James Macfarlane, Printer.

DEDICATED,

Without^ither solicitation or permission,

©reorse, feati of Z^aljouisfe,

IiATE GOVERNOR-IN-CHIEP OF

BRITISH NORTH AMERICA,

NOW

Commander of the Forces

IN

INDIA;

AS A MARK OF THE AUTHOfe'S^^^PRCT FOR

STERN UNYIELDING PATP.,I0TISM, STRICT

FIDELITY TO PUBLICK TRUST, AND THE

GENUINE GENEROSITY OF A BJIAVE

SOLDIER.

PREFACE.

The original publisher of the following pa- pers iu the Kingston Chronicle, having expressed a wish to collect and republish them in a small volume, I willingly embrace this opportunity to testify the readiness with which I comply with the request of a gentle- ian whoki I greatly esteem ; but who seems 0 me to possess more ardour for the publick *veal than care for private emolument. I cannot help adding, that an individual of such public spirit deserves well of his coun- try. At a time when every other Press was mute : at a time when the natural timidity of Office shrunk from the scowl of Authority ; and when the genius of Cowardice reigned triumphant over that Press, this man alone had the intrepidity to brave popular ven- geance and publick obloquy. He was not, and could not, be gagged. He knew that, as a man entrusted with the superintendance of a periodical Press, he was responsible to his country and posterity for a faithful discharge of his duties. Having performed these du- ties, he is ready to answer for them.

I have but little to add for myself. The task v/hich I have undertaken was in defence of the liberties of my country, and ia support 1*

VI

of that Constitution which is a counterpart of the noblest production of the mind of man. How I have performed this task is not for me to determine. But I assure all Canada, that there is not an individual within, her bounds who is more ardently attached to her interests, or more zealously devoted to her rights and liberties. I have no motive for being oiherwise disposed. I have broke in upon private engagements, and disturbed the repose and even tenor of domestick life for the sake of ray Country. To the best of my abilities, I have warned that country of its danger ; and it only remains for me to pray for its welfare.

I admit that, in doing so, 1 have made use of strong language on various occasions, and towards several individuals. But how is in- solence to be checked, and public crimes pu- nished, but through the medium of persons ? Like the assassin and the highway robber, they are themselves alone to blame who have become obnoxious to publick censure. If/ have assumed to myself the scales or the sword of justice, it is beeause ray country has called me to an ofiice as yet unoccupied by an abler man. Therefore, the sentences which I have given, are not the decisions of a frenzied imagination, nor of an arbitrary and vindictive heart; but the plain dictates of reason, and the imperative voice of the law. I am, or, at least, ought not to be, no more obnoxious to odium or personal malignity, than theermined Judge who pro- nounces doom oil the most abandoned male-

vn

- ^qtor. I ba~e not gone in search of vic- tims to offended justice. Tliey have volun- tarily, presented themselves before me at the bauofpablick responsibility.

I am not a stranger to the cant which has of late become so fashionable with respect to ^strong language; but nothing, be it ever so " popular, will ever drive me out of my course, if it interfere with the principles of true honor ^ or the salvation of my country. 1 have ac- cordingly used the language which T conceiv- ed most applicable to the nature of the work; and I feel no conipunctioa for having done so.

Should the Criticks deign to notice this humble production, I beg leave candidly to inform them, that though I respect their ingenuity, I entertain hut little dread of their ill nature. I have declared tow^ards the con- clusion of th^ volume, that I wrote neither for fame nor pi'oftt. 1 therefore hold myself a- menable to no tribunal whatever, save the judgment-seat of patriotism and true love of British liberty and justice. This is the only tribunal that I shall ever respect as a public writer ; and to none else shall I ever bow with submission.

Upon the whole, I am not without my hopes but this work will produce some good effects, even in a country where there is but little public opinion, and where the influence of the press itself is but feeble and instable. I shall therefore conclude in the words of Junius : — " When Kings and Ministers are forgotten, when the force and direction of

personal satire is no longer underslood, and

J**

VIII

when measures are only felt in their remotest couscqnoncos, this book will, I believe, be Ibuud to coutaiQ principles worthy to b^ trausmitted to posterity."

T. L. C. W. 1st Juae, 1829.

THE LOWER CANADA WATCHMAN.

No. I.

However slightly the circumstances attending the dissolution of the late Provincial Parlia- ment may have been viewed, and whatever degree oliniportance may have been attached to the cause of that dissolution, and the unpa- ralleled situation of this Province in general, it Avas impossible to look forward to the meet- ing of a new Parliament otherwise than with expectations of the deepest and most fervent interest. lu truth, the history of this Pro- vince, fertile as it has been of incidents calcu- lated to rouse the feelings and excite the pre- judices of a mixed and unharmonizing popu- lation, never presented a period which can be compared to the present, either as to the raag- uitude of the prize at stake, or the dangers which beset either its attainment or final a- bandonraent. It was, therefore, with feelings of no ordinary satisfaction that we beheld e- veu the most iudiirereutto public affairs look- ing forth with an eye of eager anxiety to the twentieth of November, the day appointed by his Excellency the Governor in Chief for meeting the Provincial Parliament. If the result has unhappily been found to disap- point the real friends of the Country, there still remains behind the pleasing consolation, that, in a government like ours, the native inherent powers of the constitution are suffi- ciently sound and healthful to withstand whatever attacks may be made upou them

iO

either from foreign force or internal corrup- tion.

The style and form of opening our Provin- cial Parliaments must be familiar to every one; but as it is our intention to preserve some record of the one which has just been congregated, and to make such remarks now and hereafter as its proceedings may justify, and the situation of the country may require, we shall give a concise but correct detail of the proceedings attending the open- ing of the first, and we fear the last, session of the Thirteenth Provincial Parliament of Lower Canada.

The 23th of Nov. being the day appointed for this purpose, the Governor in Chief went down in state to the Legislative Council Chamber, and being seated on the Throne, the gentleman Usher of the Black Rod was ordered tc desire the attendance of the house of Assembly ; and that house being come up, the honorable Speaker of the Legislative Council informed them, that he was com- manded by bis Excellency to say, that he did not think it fit to declare the cause of sum- moning this Provincial Parliament until there should be a Speaker of the house of Assem- bly ; and that it was, therefore, his Excel- lency's pleasure, that they should repair to the place where their sittings were usually held, and there make choice of a fit person to be their Speaker, and to present the person who should be so chosen to his Excellency in that house, the next day at 2 o'clock, for his approbation. At the time appointed,

IJ.

his Excellency again went down to the Legislative Council Chamber, and being seated on the Throne, and the Menabers of the Assembly being in attendance below the Bar, Louis Joseph Papineau, Speaker elect, announced that the choice of the Assembly had fallen upon him. The usual terms of this annunciation we believe to be as fol- lows :

" May it please your Excellency,

"In obedience to your Excellency's com* mands, the house of Assembly of the Province of Lower Canada, have proceeded to the election of a Speaker, and I am the person upon whom has fallen the honour of their choice.

" The extent and importance of the du- ties attached to that exalted station being far above my powers, and my zeal, however ardent, not sufficiently compensating for my incapacity, / most respectfully implore the ex- cuse and commands of your Excellency.''^

On Mr. Papiueau's pronouncing this ha- rangue, the hon. Speaker of the Legislative Council answered as follows : Mr. Papineau, and gentlemen of the Assemhly,

*' I ana commanded by his Excellency the Governor in Chief to inform you that his Ex- cellency doth not approve the choice which the Assembly have made of a Speaker, and in his Majesty's name his Excellency doth accordingly now disallow and discharge the said choice.

"And it is his Excellency's pleasure that you gentlemen of the Assembly do forthwith

12

again repair to the place where the sittings of the Assembly are usually held, and there make choice of another person to be your Speaker — and that you present the person who shall be so chosen to his Excellency in this House on Friday next at 2 o'clock for his approbation.

"And I ana further directed by his Excel- lency to inform you, that as soon as a Spea- ker of the Assembly has been chosen with the approbation of the Crown, his Excellency will lay before the Provincial Parliament certain communications upon the present state of this Province, which by his Majes- ty's express command he has been directed to make known to them."

Though this is the first instance in this Province, and, with the exception of one in Nova Scotia in 1 806,* the first in British Amer- ica, as at present constituted, of the exercise of this particular prerogative of the Crown ; yet, neither the Country, nor the house of Assembly, nor Mr. Papineau himself, beheld such an event either unanticipated or with surprise. It is true that, with reference to the long subsisting and daily increasing Legis- lative difficulties of this Province — the pub- lic misery and domestic heartburnings in which it has for years been involved— the necessity which has now become absolute of adopting some effectual plan for preserving the integrity of the Province — and the gene- ral hope entertained that the deliberations of

* See Appendix No. L

13

the new Assembly would lead to some- final adjustmeot of our present most unnatu- ral and destructive dilemma, induced many well-disposed persons to think, that with wdiateverjusiice the prerogative of negative upon the Speaker of the house of Assembly might be exercised in referrence to Mr. Pa- pineau, in the event of his being elected, the rudeness of the man himself, and the vain and insolent folly of bis friends in the Asseni- bly, might once more be passed over in si- lence as the eJServescence of over-acted party zeal, in order to come as speedily as possible to some point of adjustment of our protrac- ted difficulties. But there are others, and we candidly confess ourselves to be one of the number, who, witnessing with disgust and abliorrence that tissue of loathsome defamation, vulgar abuse, mean insolence, daring libel, seditious menace, and black- guard scurrility, with which the Government of this Province, and especially the distin- guished individual who represents his Majes- ty iti it, have been incessantly assailed for some time back, by a party and a set of low unprincipled scribblers, of whom Mr. Papi- neau has become the head leader, and organ, came, without hesitation to the conclusion, that, not only would the dignity of Majesty itself be compromised, but the very source of honour sullied, and of justice corrupted, if one of those legal checks, so wisely prescri- bed by the constitution, were not at the pro- per time put in force against an individual w^hen exalted to a situation whicb brought

14

him in immediate contact with the objects of his abuse and slander. It was, therefore, with the most unfeigned and heart-cheering satisfaction that this respectable and stable majority of all that is sound and healthful iu the political constitution of the country, be- held the exercise of a prerogative which, however much it may be despised, contem- ned and rejected by those whose ambition it curbs, or whose insolence it destroys, is one of the most sacred and unimpaired of all the rights and privileges entrusted by tht Consti- tution to the King's prudeoce and discretion. The tha.iks of the country are due to his Excel- , lency for the manly and decisive manner in which he exercised the prerogative in question, and for that calm tone of dignity and self-pos- session with which he placed himself betAveen theCrown and one of the most bloated and destructive inroads upon government and the constitution that ever was devised in a British Colony. We have no doubt but the appro- bation of the Imperial Government and of the Mother Country at large, by whom the rights of King and people are better under- stood and more liberally interpreted than by a certain class of persons in this Province, waits so honest and faithful a public servant. As to the Speaker elect, it is very evident, that, however much he may have endeavour- ed on this trying occasion to quell the tu- multuous emotions which arose in his soul, and to conceal from himself the despicable and degrading figure which he cut in the eye of his countrvj hs felt the full force of his

15

fallen condition. The scene was indeed a most humbling one ; and such as no man of honor, virtue, or true patriotism, would ever wish to be placed in. But perhaps we do Bot say too much when we assert, that it was an element congenial to the sentiments and disposition of Mr. Papineau. This much is certain, if we may judge from his past con- duct, in which we have never been able to discover any thing borderiog on what is either great or dignified, that the more he embroils himself with the constituted autho- rities of the country, and the deeper he in- volves himself in the vain and fruitless at- tempt to elevate himself by the degradation of his betters, the morehis self-complaceocy gets the better of his judgment, and the lower he sinks in the opinion of those who can forma proper estimate of the dignity of hu- man nature. There he stood, however, under the contemptuous but well-meritted ban of his Sovereign, a scathed and misera- ble monument of indiscretions and follies, if not of political crimes which, for the honour of our country and mankind, we would fain con- ceal, but which, for the sake of truth and justice, it is our duty and intention to make as public as the rising and setting of the sun. For the present, however, we shall content ourselves with the enumeration of such of them as we conceive to have been a well- grounded reason for denymg to him the ap- probation of his Majesty as Speaker of the house of Assembly during the present Parlia- ment.

16

We shall say nothing of Mr. Papineau'a anti-British prejudices — of his natural and a- vowed antipathy to British customs, manners,, language, laws and government ; neither shall we trace him into those dark and retired circles where bis influence is most felt, and bis fiat more readily obeyed. His public acts are sufficient for our present purpose. Is there then any man in the country who does not know, that Mr. Papineau, inherit- ing from a long line of ancestry, which he himself and his ready scribes and flattering satellites throughout the country describe as haviag been noble, but which no indi- vidual living can trace beyond the limits of Dr. Johnson's forefathers, which, notwith- standing all his learning, he admitted he could not do beyond his grandfather, all the prejudices and antipathies natural to so obscure au origin, has many years since for- med and put himself at the head of a party whose sole object it is to create such a dis- tinctiou between his Majesty's old and new subjects in this Province, as will pave the way, if not to their ultimate separation, at least to such a state of thiugs as will place in the hands of the part;^ in question the entire manag-ement and admiuisrration of public affairs? With this disgraceful project before his eyes, which could scarcely excite the am- bition of a Cauihal Caffre Chief, he has never ceased, since he has become a public character, to pour forth, by means of declamation, as tumid as it is insidious and irrational, the most dangerous doctrines that can possibly

17

he listened to in a Province like this, com- posed, as it uufortunately is, of a population much divided in political opinions, and the majority of which is in a high and alarming cleg:ree inflamable when the brand of com- motion is applied by a hand whose com- munity of birth, language, and manners, is tantamount to the imperative voice of legal authority. Few countries, however peace- ful and happy, but are cursed and disgraced by characters of this description ; but in no country that we know of is the evil likely to produce such destructive aod desolating con- sequences as in Lower Cani da,if not chec- ked and absolutely put down in pr«/per time. Generally speaking, the Demagogues of Eu- rope act on their own insolated responsibili- ty until their projects are ripe for action, and derive no other authority from law or other public institutions than is the birthright of every member of the community. In this Province, however, the case is very different. Here, from the peculiar construction of socie- ty, our Demagogues, and they are neither few nor small, are also our Legislators I Our chief Demagogue has been Speaker of the house of Assembly for six successive Parlia- ments! It is thus that the poor Canadians are deceived. — Their simplicity and ignor- ance are so great, that they believe Mr. Pa- pineau and his bandits to be acting under public authority, and with the express ap- probation of a constitutional government. — None need be told how propitious and ad- vantageous such a st^te of things naust be for

18

carrying cq the machinations of the party opposed to government and headed by Mr. Papineau ; nor how dextrous these gentle- men are on all occasions, in availing them- selves of it. Even the journals of the house of Assembly bear witness to the insolence of this party, and of Mr. Papineau in particu- lar, in defaming and libelling the most neces- sary and legal acts of government ; and it is equally his disgrace that the walls of Par- liament have re-echoed times without num- ber declamation the most personally abusive of the noble and exalted individual who at present administers the government oftho Province. Many proofs might be given ia support of this assertion ; but we deem it suf- ficieat at present to refer the rejider back to some debates which took place in the house of Assembly in the Session of 1825, when the Governor in Chief was in England, and with regard to whom expressions are said to have been made use of which would disgrace the lowest pot-house in Quebec. The reso- lutions passed last year in the Assembly, with respect to supplies and despatches^ bear ample testimony to the contempt with which Mr. Papineau and his gang have ever been disposed to treat the constitutional communi- cations emanating from the present head of the Provincial government.

Out of Parliament, the conduct of Mr. Pa- pineau has been equally glaring and uncon- stitutional. No sooner was the last Parlia- ment prorogued, than he published a Mani- festo^ breathing not only revenge and deft-

19

ance to the Governor in Chief personally, but teeming with a tissue of the grossest prevari- cation and the foulest abuse that ever fell from the tongue or the pen of any individual of the least pretensions to education or genteel so- ciety. In that well known production, pub- lished in the face of all the laws of decency* and every principle of a constitutional go- vernment like ours, and rendered eternally infamous by the well-applied castigation of our friend, a fellow labourer. Delta, Mr. Pa- pinoau not only charges his Excellency with, altering what was false, in his proroguing speech, but the King himself, and the imperi- al government, with having confirmed and sanctioned an act granting supplies in 1825, which they had been actually disallowed and disapproved of {;i Council/

But there are a few more items in our ac- count against Mr. Papineau. Fearing, as he had just cause to do, that his own Manifesto would not have the effect of rousing what his Chief Scribe at Montreal calls the ^'slumbering energies of the country,^* he prepared a num- ber of resolutions, disapproving of tl>e proro- gation of the late Parliament and the gene-» ral conduct of the Governor in Chief, which, he circulated to his numerous emissaries throughout the province ; begging of them not to lose a moment in calling public meet- ings to adopt these ready made declarations of his own and his party's purity, to the mter disgrace of the Gowrnor — not the go- vernment. In a few places, where the time and the vanity of the people exceeded their

20

good sense, this brantl of discord took eflect ; but to the honour of the people in general, and the consternation of Mr. Papineau, this ■method of embroiling the country in an open rupture with the govermueut that protected its rights and independence, did not succeed. For a time Mr. Papineau was left to his own resources; and, in justice to his zeal and ac- tivity in the cause of anarchy, it must be ad- mitted, that he made the best possible use of them. His address and speeches to the e- lectors of 31outreal may be placed in com- petition with the most chaste and eloquent productions of Hunt and Cobbet, for awaken- ing the people to a sense of their degradatioa imder the present system of things, and in inducing them to throw aside that respect, at- tachment, and gratitude, which they owe to the government under which ihey live, and, we have no hesitation to add, live contented and happily too. in despite of Mr. Papineau and his loatiisome popular harangues. In any other country but this, the Husting harang:uts of this man would degrade the individual who uttered them far beneath those venders of eloquence which we so fre- quently tind congregated amidst the haunts of the w'eaviug and cobbling politicians of the manufacturing towns of England. They did uoi contain a single patriotic sentiment, nor one passage worthy of rehearsal by the lowest and most ignorant blockhead that stood gaping at theii utterance, if we except, and except them we must, in such an inquiry as the present, those sublime passages which

'21

heaped such a depth of odium and disgrace OQ the admininistratoi* of the provincial go-^ vernmeot. As to the address of thanks, it in oueofthe most unfgj/e thiugs we have ever perused. There it stands before us as copied into the Canadian Courant, confirmatory, to use its own words, of" the sentence ofco7idt}7in- natiornvhich has been already -passed by the lohole country from end to end against the claim of the Executive ;" and the disgrace equally of the author and those to whom it is addressed.

One charge more, and we have done for the present with such of Mr. Speaker's elect delinquencies as legally debar him from being the organ of communication with his Majesty's representative in either or any branch of the legislative body. There are three newspapers published in Montreal, which we scorn to name, as they are utterly beneath even the most contemptuous regard. It is the sole business of these journals to belch forth every species of abuse and defama- tion that w^ords are capable of conveying agaiust his Excellency the Governor in Chief of this province, in his public as w ell as in his private conduct and character. As a proof of their outrageous and insolent conduct, the anthoisofone and all of them have been lately presented by the Grand Jury of the District which they contaminate with their scandalous vulgarity for libels upon the most sacred institutions of civil society. Mr. Pa- pineau is the chief patron and supporter of all these journals I ! Need we say any more?

22

Who DOW, we boldly ask, will dare to blame the Governor in Chief for refusing to convey bis Majesty's approbation of the choice made by the Aessembly of Mr. Papi- neau as their Speaker? If there be any such, let them take their stand with Mr. Pa- pineau and his colleagues, for it is high time that the people of this Province should rank themselves for or against the constitution, that the good may be distinguished from the bad, that the loyal may be known from the disloyal, and true Britons, known from their enemies.

It is evident that the members of the house of Assembly, upon the refusal of the Govern- or to sanction the man of their election as prolocutor, departed to their own apartment under feelings of high and unusual irritation, and of this we desire no better proof than the tumultuous and disorderly manner in which they conducted their proceedings on arriving at their usual arena of debate. Their exit from the Legislative Council (chamber might not inaptly be compared to a pack of tarriers just unkenneled with their leashes ready to be slipped for the purpose of beginning the sports of the day, but who had been in an unauspicious moment countermanded by their Lord, and sent back to their den how- ling with rage and disappointment. And there we leave them for the present, intend- ing, before we proceed to the investigation of their ulterior conduct, to consider the b-isis upon which the prerogative of the croAva was

23

founded and exercised upon the present oc- casion.

Before doing so, however, we may be per- mitted to state, as a piece of antiquarian lore, that authors are not agreed either as to the period when the Speaker first appeared in the house of Commons, or the individual who first filled that important and distinguish- ed situation. This office, like the constitu- tion itself, dawned upon mankind amidst those clouds of fe^udal barbarism which still hung heavily over England even towards the middle of the thirteenth century ; and when, like the Astronomy of the Chaldeans, though there might be many to study and admire, there was no hand to record so invaluable a privilege. It is peremptorily stated in the Parliamentary history, that Sir Peter de le Mare, Knight of the Shire of Herefordshire, who was chosen Speaker in the first Parlia- ment of Richard II. is the first Speaker on record. Yet, upon the authority of the 51st of Edward III. 1376. a year before his death and the accession of his grandson, Richard II. it appears, that Sir Thomas Hungerford, is mentioned on the last day of the Parlia- ment as being Speaker of the bouse of Com- raoDs : The words of the Roll are, 'Qi avoit les Paroles fur les Communes d' Engkterrt en cest Parlement.'''' In the discussion of this point, it seems, however, to be forgotten, that in presenting a petition to Edward III. to remove from his person the celebrated Alice Pierce, the favorite of his dotage, and others, Sir Petei' de la Ma^'e appeaned as

24

Speaker of the Commons ; and though it is asserted that he was not Speaker, ** but a con- siderable Knight of Herefordshire, both for jprudence and eloquence,^' yet it seems unac- countable how he should undertake the du- ties of Speaker on so delicate an occasion without having been legally inducted in the office. Be this as it may upon the death of the Black Prince, the favourites were recal- led to court, and poor Sir Peter was imprison- ed for a twelve month for the discharge of the Speaker^ s duty.

The first instance on record of the exer- cise of that branch of the royal prerogative which empowers the King to dissallow the' choice of Speaker of the house of Commons, took place in 1450, and in the reign of Henry VI. Sir John Popham was chosen Speaker, but his excuse was accepted by the King, and he was discharged in these words : — ■ " Rex ipsara suam excusationem admisit, et ipsum de occupatione predicta exoneravit."* On the same day the Commons presented William Tresham, Esq. for the same purpose, who was allowed. On the 22d of Feb. 1592, Sir Edward Coke, in his disabling speech, says, " this is only as yet a nomination and no election, until your Majesty giveth allowance and approbation.^^

On the 6ih of March, 1678, the Commons

* See Appendix No. II. which contains in ample detail a host of precedents from such authorities as it would be more than Q,uix- otick to attempt to combat.

choise Sir Edward SeymOur, Speaker; but on his being presented to the King, — Charles II. on the 7th, the Lord Chancellor, by his Majesty's command, disapproves of him, and directs them to proceed to another choice.

It appears from Hatsell, who records these precedents, that Seymour knew, that it bad been determined at a Council tlie night pre- vious to the meeting of the Parliament, to accept of his excuse, on account of some dis- pute he had at the time with Lord Danby, a mere minister of the Crown, and in no shape representing the King, purposely avoided making any, in order to puzzle the Lord Chancellor in refusing him. However, it is certain, that notwithstanding this stratagem, that his election was disapproved of, and that he was excused, as above stated, by the Lord Chancellor from performing the duties of Speaker. The account which the histori- an Rapin gives of the whole of this matter is worthy of being transcribed and perused at length.

*' The Parliament," says he, " began with a warm dispute between the King and the Commons, about the choice of a Speaker.— The Commons chose Mr. * Edward Sey= mour, the King, who knew Seymour, was a particular enemy of the Earl of Dauby, re- fused his approbation, and ordered the Com- mons to proceed to a new choice. The House was extremely displeased with this re-

* He is designed Sir elsewhere. He was Treasurer of tiieNavy at thistirne^

2**

26

fusal, alleging, that it tvas never "known that a 'person should be excepted against, and ' no rtason at all given, and that the thing itself of presenting a speaker to the King was hut a bare compliment — The King, oa his side, ia- sisted qn the approbation or refusal of the Speaker when presented to him, as a branch of the prerogative. During a six day's dis- pute the Commons made several represen- tations to the King, to which he gave very short answers. At last, as the Commons would not desist from what tbey thought their right, the King went to the Parliament, and prorogued it from the 13th to the 15th ; that is, for one day's interval between the two Sessions. The Parliament meeting on the 15th, the King ordered the Commons to proceed to the choice of a Speaker. Then, to avoid a revival of the dispute, they chcse Mr. William Gregory, Sergeant at Law, who 'vas approved by the King."

It thus seems to be the undoubted and inhe- rent prerogative of the crown, that, in all cases, and under all circumstances, no Spea» kercan legally act as such until his election, or rather his " nomination,''^ as Coke terms it, be approved and confirmed by the King,— Our great constitutional lawyer, Blackstone„ speaks concisely but decidedly on this point : The Speaker of the House of Commons,'^ says he, vol. 1. p. 181, " is chosen hy the House^ hut MUST he approved hy the King."

But the question at present at issue is. whe- ther this prerogative extends to the King'i

Kepresentatlves in the Coloi^ies, without be- ing specially and in express terms conferred by letters patent or by law t So far as re- gards these Provinces, the constitution of which is modelled with great care and precision on that of the Mother Country, the best and safest answer that (^n be given to this question is, that if His j^lajesty's repre- sentative cannot exercise this particular pre- rogative in common with those which stand on a similar basis, so neither can our Houses of Assembly make choice of a Speaker. The constitutional act, though it \ authorises the Governor lo appoint the Sjpeaker of the Legislative Council, is nevertrieless silent as to the right of the Assembly to make choice of its own Speaker. It may, indeed, be pre- sumed, from the twenty -seven§i section of that act, that the Assembly are entitled to have a Speaker ; but his powers are thereby wholly confined, like that of his colleague of the Legislative Council, to the casting vote in case of an equality of voices. If, there- fore, the Assembly have a right, without the express authority of the constitution to elect a Speaker, surely the Governor, as the re- presentative of the King, has an equal right to exercise every legal prerogative of the Crown, the one in question as well as all the rest. The one privilege is contingent upon the other ; nor can the one in our system of Government, exist without the other. In a word, if the Assembly have a right to elect a Speaker, the Governor has an equal right to coaiirm or reject their nomination as he may

28 ^ think most conducive to his own dignity, and tlie interests of tlie country.

That this special prerogative has been ex- tended to, and actually exercised in the British Colonies, there cannot be a doubt ia the mind of any one who has read their his- tory. The Nova- Scotia case before referred to, ought to carry great weight along with it. There is, however, a more reniarkabe, and, perhaps, a stronger case now lying before us, the particulars of which we shall state in a few words. A short lime after the accession of Geo. 1. to the Crown of Great Britain, he appointed Colonel Shuie, a highly respectable officer, who had served under the Duke of Marlborough, to the Government of New-EnglunJ. The conduct of Colonel Shute was l.ighly meritorious ; but, as has almost unifoi'mly been the case with every Governor coming to the Colonies, he failed in gaining the cordial co-operation of the Legislature; and the Assembly gave him so much trouble, that he was at last forced to carry over to England a complaint against them ; a coustituiionul practice which we could wish were practiceil more frequently ia our own times. Mr. Cook, the agent for the llepresentatives complained of, admitted the charges to be true, except the second and fourth, which consisted of '* Refusing the Governors Nesative of the Speaker," and " adjourning themselves for more than two days at a time." With respect to these two articles not acknowledged, an '-rplanatory charter was made out ia the 12th ^of Geo.

29

n. which contHins the following cifSuse— - ♦' Whereas, in their Charter nothing is di- rected concerning a Speaker of the Rouse of Representatives, and of their adjourning themslves, it is herehy ordered, that the Go- vernor or Commander in Chief shall have a NEGATIVE in the election of the Speaker; and the House of Representatives may ad- journ themselves not exceeding two dars at a time."

But we find that we must postpone the further consideration of this very important question till our next.

No. II.

The niain object of our last was to establish, by precedents, usage, and history, the unin- terrupted existence till this day of one of the most ancient prerogatives of the Crown — the power of confirming or rejecting the indivi- dual nominated by the House of Commons as its Speaker ; and, by consequence, the right of the King's Representative not only in this, but in every other British Province in the enjoyuneat of a representative government, to exercise similar prerogatives. This import- ant constitutional point established, our pur- pose at present is to enquire, not whether—' for that can never be made a question in the mind of any one who has studied the British Constitution for an hour — but how deeply and dangerously the majority of the House of As- sembly of this Province have involved them-> selves iu au attempt to abrogate a preroga- tive, which, although the factious spirit of party may have sometimes repelled and ques- tioned it, has never been abrogated in that country and government from which we not only have received our political existence, but profess to borrow every constitutional maxim necessary to the preservation of so popular, but so permanent a species of government, la order, however, to avoid all recurrence

31

in future to a right established on so firm, and, we hope, so lasting a basis, and which no man will ever dare to question except he who is ready to combat every principle of good government, we deem it necessary to put down in this place such additional proofs and precedentsof the existence of the prero- gative in question, as the industry of our con- temporaries and our own researches have placed at our command. We shall thea discuss the matter fully armed ; and think that by bringing the facts and reasoning of the one side into visible, direct, full, and de- cisive conflict with the other, we shall be able to withdraw from the contest with all the laurels that can be won in such a field of controversy.

We have already given at length Rapin's account of the circumstances which attended the election and rejection as Speaker, of Seymour, in 1678. Hume's account of them is equally interesting, and uo less worthy of perusal :

But the King soon found that, notwith- standing this precaution, notwithstanding his concurrence of the prosecution of the Popish plot, notwithstanding the zeal which he ex- pressed, and even at this time exercised a- gainst the Catholics, he had nowise obtained the confidence of his Parliament.

" The refractory humour of the Lower House appeared in the very first step which they took upon their assembling. It had ever been usual for the commons in the se- lection of their Speaker to consult the iucii-

32

aations of their Sovereign, and even the long Parliament io 1641 had not thought proper- to depart from so established a custom. The King now desired that the choice should fall on Sir Thomas Meres ; but Seymour, Speaker to the last Parliament, was instantly called to the Chair, by a vote which seemed unanimous. The King, when Seymour was presented to him for his approbation, reject- ed him and ordered the Cora; onsto proceed to '<; new choice. A great flame was excited. The Commons maintained that the King's ap- probation was merely a matter of form, and that he could not, without giving a reason, reject the Speaker chosen. The King, that, since he had the power of rejecting, he might, if he pleased, keep the reason in his own breast. As the question had never been before started, it might seem difficult to find principles upon which it could be decided. By way of compromise it \vas agreed to set aside both candidates. Gregory, a Lawyer, was chosen, and the election was ratified by the King. It has ever since been understood that the choice of the Speaker lies in the House, but that the King retains the power of rejecting any person disagreeable to him." ^Pocket Edition, Vol. IX. p. 238.

The Notes subjoined to this text are very important : — " In 1566 the Speaker said to Q,ueen Elizabeth, that without her allowance the oleciioo of the House was of no signifi- cance.—D' Ewes' Journal, p. 97. In the Parliament of 1592— 93, the Speaker, who was Sir Edward Coke, advances a like po-

33

siiion.—D'' Eives, p. 459. Townshend, p. 35. So that this pretension of the Commons" — that is, of persistiog in their choice * >f Speak- er— "seems to have been somewhat new ; like many other powers and privileg,es." Bolingbroke, writing of these times, accounts in a manner for the usurpations of the Com- mons in Seymour's case, by saying of the Commons—" that they lost their temper oa some particular occasions must not be denied. They were men, and therefore frail."

We copy the following cases from the Q,wibec Mercury and the Montreal Gazette, by Authority.

Woodeson says, (vol. !. p. 57,) *' The Commons cannot sit without a Speaker af- ter their first meeting," and this is also laid down in the 4th Institutes, pp. 7 and 8.

In the mode of appointing the Speaker, some change has taken place since the revo- lution, but the leading principle that the Royal approval is necessary to give effect to the choice of the Commons, has never been disputed.

The manner of electing the Speaker is ex- plained by Whitelock, vol, 1. p. 224.

" Then the Commons repayre to their house, and usually some of the members be- fore acquainted with the King's mind doth nominate one among them to be chosen for their Speaker whereon there is seldom con- tradiction. Coke saith (4 Inst. p. 8) that af- ter their choice the King may refuse him, and that the course is, for avoiding expense cf time and contest, as m the Conge d'Elsre

34

of a Bishop, tbat tlie King doth uarae a dis- creet and learned man whom the Commons elect ; he adds that the Speaker is so neces- sary that the House of Commons cannot sit without him.''— JFhitelock, vol. 1. p. 224.

" In 1778—79, on the meeting of the then new Parliament, Charles Wolfran Cornwall, Esq. was proposed by Lord North as Speak- er, in preference to Sir Fletcher Norton (afterwards the first Lord Grantley,) who had filled that office during the preceding Parliament, and Lord North gave as one of the reasons for this extraordinary step, that it would be useless to elect Sir Fletcher, in- asmuch as he was personally obnoxious to" the Sovereign, and that this feeling would operate as a cause for his rejection and dis- allowance. The event is familiar to every one acquainted with the Parliamentary an- nals of that period, and is therefore unneces- sary for us to lengthen our remarks with the cause of the objection to Sir Fletcher. In consequence of this intimation from the Mi- nister and perhaps for other motives, Mr. Cornwall was chosen, and afterwards allow- ed."

We are indebted to the Quebec Official Gazeffe, for the following important informa- tion. The Nova-Scotia case alluded to, in conjunction with the New England one de- tailed in our last, forms a remarkable con- necting link between the mother country and the Colonies in regard to tliis royal preroga- tive.

"■ Just one hundred years ago, Speaker

35

Onslow, when lie was elected by the Cora- mons to that Chair which he filled for 33 years with unequalled ability, and in which, says Hatsell, the distinguishing feature cf his conduct was ' a regard and veneration for the British Constitution as it was declared and established at the revolution,' this emi- nent Pariiaraentary authority thus addressed bis Sovereign, ' Happy is it, Sir, for your Conamons, th'dty our jyjajestij''s clisapfrGhation will give thera an opportunity to reconsider what they have done. I am therefore to im- plore your Majesty to command your Com- mons to do what they can very easily per- form, to make choice of another person more proper for them to present to your Majesty.' " In Nova-Scotia, in the year 1806, a Speaker chosen by the Assembly was disap- proved by the then Lieutenant Governor ; the Assembly proceeded to another election and chose the other candidate who had been be- fore unsuccessful, but who was more accept- able to the Governor, and was accordingly approved. The only notice which the As- sembly thought it proper to take of this re- jection, was in the following paragraph of their address in answer to the Speech : While we lament that your Excellency has been pleased to exercise a branch of His Majesty's prerogative long unused in Great Britain, and without precedent in this Pro- vince, we beg leave to assure your Excellen- cy that we shall not fail to cultivate a good understanding," &c. &c.*

See again Appendix No. 1.

36

It DOW becomes our painful but necessary duty to detail the conduct and question the right of the House of Assembly in refusing to acknowledge the exercise on the part of the Crown of this prerogative, established, as we have seen it has been, on the same basis and by the same authority as the most sacred privileges claimed by the Assembly itself.

When the Assembly returned to the Cham- ber of its deliberations, in obedience to tho directions of the Governor in Chief, the Speaker elect, contrary to all precedents, es- pecially the remarkable one of Sir Edward Seymour, who did not assume fhe chair, and as if that were necessary to fill to the brim the cup of his hostile feelings, insolence and malignity Jtowards the King's representative, to whom, for once at least, he was compelled to succumb, took, without any hesitation, the chair, and caused the mace to be laid on the table. Nor could the voice of the constitu- tion, declared by several members of the House in a manner that might force convic- tion upon any understanding but his own, pre- vail upon him to retire from it, until he had intimated to the House the terms in which his election as Speaker was disapproved of by the Governor in Chief ; thus rendering him- self in the eyes and the ears of his country the herald of his own degradation and down- fall. No man possessed of a spark of mo- desty, or the least notion of thut respect cul- tivated by every man of honour and virtue towards the constituted authorities of his couQtrj could ever have assumed a statioa

37

fit only for brass or marble. But Mr. Papi- neau differs from other men on a variety of subjects -, but on none more than that great and useful maxim of private and public so- ciety, which enjoins a respect for others by a diffident respect of ourselves. Sir Edward Seymour's example might, in this instance at least, be followed to great, creditable, and lasting advantage.

We stated in our last that the debate which took place on the return of the Assembly to its own place of sittings, so far as regarded the majority, was tumultuary and uncon- stitutional. This has since been denied ; but the denial came from a source unworthy of a moment's hearing, when the united voice of our contemporaries and of many respectable individuals present, loudly and emphatically declare otherwise. It is, therefore, unworthy of being detailed at length in this place, though, in the sequel, some of the principles laid down in it may be adverted to, in order to be confuted. We shall here content our- selves with what may be termed the official results of this debate; and the first before us is the resolutions proposed to the House by Mr. Cuvillier — ^resolutions If-hich, from the information we have received, and many concurring circumstances, we have no hesita- tion to assert, were prepared at Montreal long previous to that and the other member's simultaneous embarkation for Quebec, in the full anticipation of Mr. Papineau's rejec- tion as speaker elect, by the Governor in Chief. These resolutions will long be 3

In remembrance, no less on account of the studied strain of insult in which they are couched with respect to the King's repre- sentative, than for the daring novelty, gross ignorance, presumptive insolence, and mena- cing unconstitutional principles which, from end to end pervade the whole. " Resolved : —

"1® That it is necessary for the dis- charge of the duties imposed upon this House, viz : to give its advice to His Majesty in the enactment of Laws for the peace, welfare, and good government of the Province, con- formably to the Act of the British Parlia- ment under which it is constituted and as- sembled, that the Speaker be a person of its free choice independently of the will and pleasm-e of the person entrusted by His Ma- jesty with the administration of the local Government for the time being.

«< 2 ® That Louis Joseph Papineau, one of the Members of this House, who has served as Speaker in six successive Parliaments, has been duly chosen by this House to be its Speaker in the present Parliament.

*' 3 ® That the act of the Pritish Parlia- ment under which this House is constituted and assembled, does not require the approval of such person so chosen as Speaker by the person administering the Government of this Province in the marae of His Majesty.

«t 4 o That the presenting of the person so elected as Speaker to the King's Represent- ative for approval is founded on usage only, and that such approval is and has always been a matter of course.

>' 5 ® That this House doth persist in its choice, and that the said Louis Joseph Pa- pineau, Esq. ought to be and is its Speaker.'"

These Resolutions, after an interval of adjournment, having been sanctioned and agreed to by a majority of thirty-nine to four, the following address to His Excellency, copied from that which the Commons pre- sented to the King in Seymour's case, ia 1678, was voted, and a committee appointed to wait on His Excellency to learn when he would be pleased to receive it.

" May it please your Excellency,

" We, His Majesty's dutiful and loyal sub- jects, the Assembly of Lower Canada, in Provincial Parliament assembled, having taken into our most serious consideration the communication made to us by the Speaker of the Legislative Council, by order of youi' Excellency, respecting our choice of a Speaker, humbly request your Excellency to be fully assured that we sincerely respect the rights of His Majesty and his Royal prero- gative, which we acknowledge to be annexed to His Imperial Crown for the benefit and protection of his people. We are fully as- sured that your Excellency could intend no- thing which could destroy or diminish our constitutional privileges, without which we cannot fulfil our important duties towards his Majesty and his people of this Province, and in this persuasion we in all humility submit to your Excellency that it is the incontesti- ble.ight of the Commons of this Province to have the free election of one of their mem-

40

bers to be their Speaker, and perform the duy of their House ; that the speaker so e- lecied and afterwards presented to the King's Representative, according to usage, ought always by uniform practice to be con- tinued as Speaker, and fulfil his office as such, unless he be therefrom excused from corpo- real infirmity, alleged by himself or on his behalf in full Provincial Parliament , that, accordiug to that usage, Louis Joseph Papi- neau, Esq. has been duly elected, and chosen in coDsideratien of his great ability and fit- ness, of which we have had experience dur- ing several Parliaments, and has been hy us presented to your Excellency as a person worthy our confidence, and who we conceiv- ed \\ ould be agreeable to your Excellency ; for %vhich reasons we humbly hope that your Excellency, after having considered the old pr-^cedeots, would be pleased to remain sa- tisfied with our proceedings and net deprive us of the services of ihe said Louis Joseph Papineau as our Speaker, but, that your Ex- cellency would be pleased to give us a favor- able answer, such as His Majesty and His royal predecessors have ever given to their faithful Commons in such case, in order that we may be enabled to proceed without fur- ther delay to the disjaatch of the important and arduous affairs for which we are con- voked in which we hope to give con- vincing proofs of our affection for the King's service, and of our solicitude for the peace and welfare of the Province."

The firm and constitutional determination of his Excellency ia refusing to recognize

41

either the House of Assembly or their mes= senders UDtil the House should be lej^.dly con- stituted by the appointment of a Speaker ap- proved by the Crown, and his subsequent prorogation of the Parliament, rather than be longer menaced and insulted by a despe- rate and enraged party, whose characteristic it has ever been to bear none in power but themselves, closed this remarkable scene ; a scene which, for headlong fury and determin- ed violation of a fundamental principle of the constitution, is unparalleled in the history of every British colony, save those which have shaken off the supremacy of the Mother country. We scarcely know one principle of the constitution where an assault would be attended with more alarming consequen- ces than the one which has thus been assail- ed, if not resolutely defended and repulsed as it has been on the present occasion. If this point were once taken by force or tamely surrendered, the whole fabrick would fall to the ground. If his Excellency had given way at this point, there is scarcely another point within the whole compass of the edi- fice committed to his care at which he could make a stand. The peculiar construction of our constitution very frequently renders its defence a task requiring no ordinary powers of intellect and presence of mind. But its tacticks are fortunately for us very simple. They consist only of a steady and undevia- ting adherence to the rules laid down, and a resolute determination on the part of those entrusted with its maintenance, King as well 3*

42

£is people, never to yield any single ou& of its kuowQ and practised rights wits'out the unauimous consent of all interested. Now, to follow out the simile, Avheu a certain sys- tem of defence has been successful! .- practi- sed for a series of years, and has been found to secure us against encroachments of what- soever nature, whether of popular excesses on the one hand, or of sovereign despotism on the other, does it not consist with reason, with fortitude, and, above all, with true patriotism, that the same system should be persevered in, either until it has been found useless, or until another and a better one has been adopted by the unanimous consent of all concerned ? Shall we then blame the in- dividual, or the setpf individuals, who, bound by authority and law to follow the plans laid down before them, refuse to saucuoa the schemes of the first bold usurper who takes it into his head to violate the first prin- ciples of our social compact? In one word, is it to be endured, that either the King's Kepresentative or the House of Assembly, jio matter from what motives, may establish for themselves at every meeting of the Legis- lature, a new system of procedure neither sanctioned by our constitution, nor practised in tl:iat country by which we not only affect, but are bound to be guided in every thing that concerns our public welfare ? As for the King's Representative, we think that we are quite safe in assertiug, that he has never hitherio overstepped t!je bounds of any one of those rights and prerogatives with which he

- 43

is eutrusted, and may with equal safety ex- press our coofideDce, that he never shall he fouod to do so. We regret that we cannot say as much for the House of Assembly. — We have not exactly arrived at that point of the present enquiry at which we have deter- mined to investigate such parts of their con- duct as have been deemed unconstitutional ; but'if we may judge of the future by the past, the sooner their career of usurpation shall have been arrested, the happier and the bet- ter for the country. Of late their progress in iniquity has indeed experienced a few checks ; but the misfortune is, that these checks, though they may serve to ward off from time to time the impending blow, and pi-event the citadel from being sacked by the enemy, are, nevertheless, but the partial sallies of a brave and resolute Governor cal- culated only to preserve his charge from des- truction until the arrival of a more potent force from the Mother country. Nor need we fear that this assistance will be long in arriving. The general misfortunes of the Province demand it ; and the people call aloud for assistance, and a termiu;' ion to a statrf of politcal anarchy which must end in their ruin, if not, once for all, destroyed. — Meanwhile, let us proceed to a more minute examination of the question now at issue, which is one equally interesting to Govern- ment and people. We find, however, that we must postpone this investigation till our next number ; the present having swelled into a prolixity which we did not anticipate.

No. III.

It is of the last import;tace ia all constitu- tional tliscussioQs or political disputes, that proper ootioDs be eutertaioed noi only of the subject luatier of debate, but the source nhmce it sprung, and the consequences to uliicli it nip.y lead ; otherwise, the comliatants will eternally be floundering iu a path that will never bring them to a proper uuderstandiag or amicable adjustnient of their differences. It is true, indeed, that it is seldom wc find political disputants travelling on the s<«mc road towards the attainaient of their objects ; sonae take a short and more direct way, while others imagine that a circuitous, though the longest, is always the surest route to the cud in view. But there ought, and there ever must be a starting point ; and it is principally on this that the fairness of the race and the value of the prize will depend. If there be no legitimate starting point, there can be no legal winning one ; and the parties must return to their original stRti(<ns, with 110 other advantage than a little experience of the folly of setting out iu the dark without a sufficient knowledge of their ground, and aa expenditure of some pufBng and blowing from fatigue, the consequence of ever exer- tion. H-u\ the House of Assi-mbiy been a9 iveil aware as they probably are by this time,

43

of the eg;reu;ious picsuniptiou and lolly ot ein!>:iikin^ in a crusude ai^aitis-t the proro^a- livesoftho Crowu, witliout either a star or com|> iss to guide thera ou their dangerous voyage, it is reasouahlo to thiuk they never woul i liave launched in such a tumultuary ma 1 I'-T, itiid have placed at their head an individual who had already exliibiiod such glaring proots of his iuc.ipacity to dischargo with credit to himself, or profit to his coun- try, rhe important duties of so hi^h and dis- tinguished a stmion. — 'They never would havo placed at thtnrhead an individual who, instead of being a mediator, became a par- tisan in the contest — who, instead of assist- ing with might and main to guide the vessel of the state into some safe heaven or com- modious ha.bour, lent all the powers and faculties of his mind to lead her out of the proper course into the irresistible current of popular commotion, there to drift with the tide, and be finally sunk or shattered to pieces amidst the rocks and quicksands of overwl'dming anarchy ; who, instead of being the bearer of the fair flag of truce and peace, hoisted the banner of exterminatory hostilities, and, to use the forcible language of i>[r. A. Stuart — language, to which we re- gret to say littlejustice was done in the re- ports of our contemporaries \vho ha<l the >V'ord *' ^^'ar'' imprinted on his forehead ; and who, to complete ihe climax, instea<l of beii5g t!ie amiable herald ofpeacc and tran- quility, iluug far assuiider the portals of

4G

Janus that the whole country might* enter and arm for the appioachiug contest. The Assembly, however, like all other hein?s, ^vhose ambitions projects render them obnox- iou."? to the dictates of reason, convinced them- selves in their fury, that might was right; and, accordingly, set out on their career of foolish and usurping errantry, without know- ing whence they started, or wliithor they were going. It will therefore l)c our busi- ness in this chapter to concentrate all par- ties on the ground of their original existence as a constitutional body, being the only means of ascertaining how far ^hey have deviated from the courses laid down on that chart which they are all so willing to recog- nize as the rule of their conduct, and the ba- sis of our political superstructure. Fortius end we shall take a cursory glance of the royal prerogative, as settled at the revolu- tion of 1688, an era to which no political writer can possibly object, whatever his principles or aims maybe. We shall then inquire shortly how far the constitution of Canada is modelled on that of Great Britain, as settled at the era alluded to, and by that means ascertain how far the Province has deviated from or adhered to the practice of the metropolitan state, taking principally as our text the resolutions proposed by Mr. Cuvillitr, and passed by the majority of th# Assembly.

By the word prerogative, says Blackstone,

* See Appendix No. '3.

we usually understaudthatspecl.il pie-emi' nen^ e, which the Kiug hath, over and ahove all other persons, and out of the ordinary course of the common law. It signifies, in its etymology, (from prae and rogo) some- thin;; tiiat IS required or derpMnded before, or in preference to, all others. And hence it follows, that it must be in its nature singular and eccentrical ; that it can only be applied to those rights and capacities which the King enjoys alone, in c-mtradistinction to others, and not to those which he enjoys in common with any of his subjects : for if any one prerogative of the Crown could be held in c nmon with the subject, it would cease to b"? .prerogative any longer. One &f tho princi[)'ii bulwarks of the British Constitu- tion was the limitation of tho King's preroga- tive by bounds so certain and notorious, that it is impossible he should over exceed thera, wit''out the consent of the people, on the one hand ; or w ithout, on the other, a violation of that origiual cviiitract, Wiiich in all states impliedly, and in ours most expressly, srb- sists between the prince and the subject. The great end of the revolution which placed WilliHm and Mary upon the throne, was the rep;irniion and final establishment of this bulwark, which had fallen into almost irre- parable decay by the tyrannical encroach- ments of the Stuart's. VVhen the new mon- arch ascended tbr. throne, he found himself in possession of aii-ple, but well dofinrd pre- rog 'iv^^i ; o ) am 'le, that they CiMii.ilned every power consistent with the splendour,

4S

iVifiuity, aiul authority of tho regal fuuciions, aiK so well definou, llint nothing hui the lUi I uuwarrniitahic protensious to tlc&p«»tic ])o\\ei- ou iho part ol the Sovereign, or the niosiunjustifiahle usurpations ou the part of th< peo|)lo, couUl leail to a viohiiiou of them. \\'o shall not at present speak of them iu their utmost hounds, buieoufine ourselves to a general allusion to them iu their politieal or legislative eharactor. 'JMie King can convoke, ailjourn, prorogue, ami dissolve Parliament at his pleasme. He is a consti- tuent part of the supreme legislative power ; anil, as such, has tho prerogative of rtjecting such provisions iu pailiamcnt as be may judge improper to be passed. He is the fountain ofjustice and general conservator ofiiie peace of the kingilom. He is the fountam of honour of ollice and of privilege. He j)ossesses the right of cltt>osiug his ouo council, and of nominating all tho great ollicers of the state. In tho exercise of these prerogatives, the King is irresistible aud ab- solute, according to tiie forms of the constitu- tion ; *• for otherwise," adds Blackstone, " tne power of the Crown would indeed be but a name and a shadow, iu>utUeieut for the ends of government, if, wliere its J risdiclion is c eorlij tstabliskeil ami olloivtil, any man, or hodij 0/ men, were permitted to disobey it, ia the ordinary course of law ."

The customs and usages of Parliament, previous to tlie revolution, must have h( eu too well known and too geuerallv prnetised to lead us to suppose, that if they coutaiuetl

49

any tliiug prcjiulicial to the interests, or at variance, with the lipjhts of the people or their representatives, they sht)uhl not at that eventful perioil, which pre>euted the fairest opportunity that ever occurred for doing themselves justice, be retrenched or totally cancelled. Yet, in the thrteen incinorablo coudiiious made hy the Lorils S|>iritiial and Temporal,. and Commons v/ilh the Prince and Princess of Orange, not one is to bo found tleclaratory of the rig;hts and privi- Ici^es of Parliament, as a pnrlictinerit. except ► the ninth, which declares, '* That the fretilom of ap'jech, ant debates, or proceedings in Par- lianunt, ought not to be impeached or ques- tionadin tin>/ co irt or place out ofFarliam-nt.''' It is. therefore, very evident, that if all the other privileges peculiar to the commons, Buch as the freedom from arrest, the ri^lit to arrest, and punish such as impeached or questioneil their proceedings and the fiomi- uation and final appointment of Speaker, were iuliereutiu t'leir own body, without any reference whatever to the crown, such inher- ent rigiits and privileges would be declared and insisted on in the Bill of Rights, along with the assertion of all their other ancient rights and liberties. This, however, they did not do ; and whether it is totherr wisiloni or their folly that we are indebted for the perpetuation of a prerogative as ancient as their own constitutional existence, it is not for us or even a branch of the legislatiu-c, to impugn it until duly abrogated by the united legislative authority of the state. The ucw

50

monarch, to use the words of Smollett, re- tained ihf old re«^al power over parliament in its full extent ; and, so far as the particu- lar prerogative in question is concerned, has handed itdown to his successors unimpaired and unimpeached. There cannot be a stron- ger proof of the intention, if not the determi- nation, of parliament to continue the old customs, with respect to the source and ex- ercise of its privileges, than what took place at the revolution. When the convention parliament met and chos? its Speakers — the Marquis of Halifax by the Peers, and Mr. Henry Powle by the Commons — there was no authority in the Kingdom to confirm such elections ; the source of all public offices and employments having ceased to flow in con- sequence of the desertion of the ill-fated James, the last monarch of the ill-fated Stuarts. But the instant that the conven- tion was converted into a parliament, or, at all events, as soon as the new parliament met, the old customs and usages of parlia- ment were resorted to. though William was no great stickler for prerogative, provided the means were furnished for carrying into effect his warlike and foreign projects. As usual, the Speaker of the House of Lords ■was appointed by the King ; and he of the Commons, though nominated by that body, could not act until confirmed by the same autiiority. The Commons by the mouth of their Speaker thus approved of, demanded ■ their ancient privileges ; and, upon conipar- ing the proceedings of parliament at each

51

new meeting after the revolution with those prior to it, it was found that no alteration or innovation whatever had been . lade upou them.

It is, tliercfore, highly foolish, stupid and absurd, to assert, that the current, of these usages, which has flown in one uninterrupted channel from the revolution down to the present time, gathering additional force and strength in its course, can be diverted at tho pleasure of any one branch of the legisla- ture without the consent of the whole. These usages now form part and parcel of the con- stitution. They are as deeply injirafted on the King's prerogative as the right to call together, prorogue, and dissolve parliament itself. No power can annul them except the united voice of parliament in all its consti- tuent parts. The Commons will not. and dare not attempt it on their o^^ n strength ; and we all know, that thougli tho Commons have the right to maintain, they have no power to alter or destroy the constitution. Besides, the Speaker of the Commons, with regard to whose nomination and confirma- tion our present inquiries arc principally di- rected, is a magisterial and judicial ollicep ; possessing power not only over certain rights and liberties belonsiug to the members of the body over whom he presides, but also over the persons and liberties of his iMajesty's subjects in general. Can the Commons en- dow him with such extensive authority ? No", they possess it not themselves : it is not in- herent in them. The constitution restricts

their powers to legislation only; aad it is one of the first and greatest and best maxims of that constitution, that tho legislative and judicial powers canuothe uuited without the destruction of the whole fabric. They can- not even assemble without being summoned by the King; for they are not, like him, a self-existing power in the State. They can- not clothe themselves with the smallest ves- tige of executive authority ; and, without the consent of such executive anthority, how can it be supposed that the mere election of their speaker can confer upon him judicial powers scarcely inferior to those of our highest courts of justice ? The idea is absurd ! Such pow- ers can only flow from that common foun- tain ofjustice whence all jurisdiction over persons and property proceeds ; and the Commons might as well take it into their heads to appoint the Lord High Chancellor of England, as appoint their own Speaker without the consent and approbation of the King. If the authority of the Speaker were restricted to the mere overseeing of the in- ternal proceedings of the House ; to the read- ing of messages ; to the maintenance of or- der and decency in debates ; to the putting of questions from the chair ; to the preserva- tion of silence ; to the rehearsal of precedents; and to pronouncing the casting vote in case of an equality of voices, the thing might do very well ; and neither King nor people, we are sure, would be much inclined to disturb him in the exercise of his dry and monoton- ous duties, nor interest themselves more in

53

his nominaiioa than they are accustomed f& do hi the appoiuimeut of the chairraau of a committee for inquiriug into the best means for improving turupike roads. But when we find him, ia the full plenitude o( his Judicial powers, exercising a lordship and jurisdictiou as extensive as the kingdom itself, issuing liis n arrant for taking into custody some scribbler or popular speechifier — who has been unguarded enough to commit a breach upon the privileges of the house, and pro- nounce doom depriving him of his liberty during several months, it is high time to look into the authority whence such potent power proceeds; for, however imperious force may be, no Briton is bound to submit to power without law. We have already said that guch judicial powers are not indigenous to to the Commons. Indeed they have never laid claim to them as such. Ilow could they? They have hitherto had tho good sense to know, that without the sanction of the su- preme executive magistrate, from whom all judicial power emanates, no privilege of thi? descri])tion could bo inherent in a popular eccentrical body, whose very existence de- pends upon the nod of that distinguished per- sonage. They, therefore seek it where alone they can obtain it — at the foot of the throne. Whether as a boon or as a matter of right, they always claim it, and dare i3ot act upon it, nor even anticipate its assumption, until conferrred upon them. — Can we then sup- pose for a moment that such an enlightened body ais th« Goniraons of Great Britain and

64

liolanil Imvo ever been, wouUl coiulesceiul to iin|>liMe ami ititriMt iVoiii iiis Majesty, as ihev routiiUHMl to tli) at the eoinnieiicenient of every parliatuont, the privilege of acting;- in any jiulieial eapacity, ifsiieh privilege had boeu co-«xistent uith parliameut, and that they had tiie ri};ht of cxereisitig and enfoieiiig it at their t)\vii will and by their own sole anihority independent of any other eonstilu- CMit part o<" the suproujc lej^islaiive power .' AVhal simpletons they must be ittliey possess powers and privileges iuhcreut in themselves, and have not the courage to enforce them ■withont heniling the knee to any other autho- rity on earth I \N liai has l)eeonio of the daring of OKI England ! What has beet>me of the spirit that extorted Maun a Chakta at the point of the sword ! Has the blood that ovorllowed the nation in defence of law, jusnco anil liberty, been spilt in vain I What has become of the boKl but mistaken zeal that brought a monarch to the block in defence of liberty ! What has become of the llampileus, the Kussels, the I?idnoys, the (^hathams, the ritts, th«i Foxes, and the Burkes, that have shell their blood and spent their lives to pre- serve our liberties and constitution.' Have they already been forgotten; or w ere they the mere phantoms of tne brain that passed in shadowy ])ageauts before our feverish imaginations ! Could such events and such men pass into oblivion and not l^avo one solitary token be- hind tliom of their disapproval of the custom of seeking the Commons' Speaker, and pri- vileges from iho Crowu, ifsuch were contra-

55

ry to tlioir rights; and atvariancc with all tho known principles of the constitution ! Could suck men crouch for a boon wlien there exis- ted a right ? Was it for them to ask what they had already been in possession of? Could such men stoop and cringe and fawn at the footstool of the Bel and Nebo of unde- fined prerogative, and beg from the crown rights and privileges inherent in the repre- sentatives of England ? Surely that man is not in possession of his faculties, who can for a moment believe, that if the House of Com- mons have a right to the fidl and free exer- cise of iho extensive privileges which they now enjoy, and to the election of tho Speaker without tho intervention of tho Sovereign, they would not long before now lay claim to them, and maintain them with as fearless and dauntless a brow as ever they spoke or fought in the cause of rational freedom. It is therefore most vain, most presumptuous to imagine that they can at pleasure assume rights "which were never reserved to them be- fore ; that they can now establish in them- selves precedents and principles which were neither set up nor sanctioned at the revolu- tion. Bui even if they did, such is the na- ture of the regal prerogative as now limited and bounded, that the wheels of government must cease to revolve, and the whole ma- chine of legislation cease to operate, until such a claim should be finally set to rest, either by the positive refusal of the Crown to sanction it. or the united voice of the legisla- ture admitting and confirming it. lu short, 4

56

matters must remaia as t4:iey«are, until alter etl by the consent of ctll the constituent parts of the legislature. It is not the individual pretensions of the Crown or of the Cora- mons than can alter the constitution. They may and they have at times destroyed it, each in their turn ; but it is impossible that they can eiiher amend or remodel it with- out the consenting voice of the whole.

As to the right of the Crown to exert a rogal faculty wliich has lain dormant for years l)ecause no corresponding event lias occurred to demand its exercise, nothing can be more absurd than to deny the actual ex- istence of such a faculty and power. There is a very material diiierence between a state of torpidity and activity ; but surely that fool does not live who will say, that a torpid animal has ceased to exist because it has ceased to move— tliat it has ceased to feel because its pulse can scarcely be felt, or be- cause the heaviugs of its bosom are not visi- ble. Approach it in its lair ; watch it nar- rowly and minutely, and you will easily dis- cover all rJie symptoms of existence. Probe it, and it may awaken and turn upon you, and, if strong enough, perhaps overwhelm you. It was once attempted to be proved by the emissaries of despotism, that because a parliament had not been summoned for ten or a dozen of years, the right to do so had been lost by the Crown. Shortly afterwards this whim, for it war nothing else, went en- tirely out of fashion, and one directly the reverse came into vogue, uaniely, that par-

0/

iiament ouce assembled could sit as long as It ]»lcased. Tlie consequence was that anar- chy ensued ; and there v.'as neither peace, justice nor liberty in the land until the proper authorities agreed among themselves upon certain rules and principles which should for the future guide them in the ad- ministration of public affairs. It was not stipulated that, if any of these rules should fall into disuse it should immediately become obsolete and of no effect, but on the contrary declared that they should forever continue in. force as the law of the land until altered hy the undivided consent of the same national authority. Let us not therefore suppose, that because the King has not since the revolu- tion refused to confirm the Speaker nomi- nated by the Commons, his right to do so has ceased. No doctrine could he more dan- gerous ; no doctrine could be more futal to the mutual rights of Sovereign and people ; for there are rights and j)rivileges on both sides which have not been enforced for up- wards of a century, and these we could ea- sily enumerate were they not too obvious to be heyoud the view of the most careless look- er-on. Thereis one, howover, which is so much in point that v.e cannot forbear allud- ing to it. It is a standing rule of the House of Commons, that no report can be published of its proceedings without a breach of its pri- vileges ; and with the exception of one re- markable instance not many years ago, we do not reracmher the enforcement of this rule for upwards of half a century. Now,

58

IV ill auy one say, that the right lo cxerciso this privilege is not now as stioutily iiuplaut- etl iu lUv Coimuons as it was the da\ at'tor ilseuaclmeui .' ThoKighi Houoiahle iSpeak- er ^voiilii look rather surly uuil imligiiant nveic you to tell him anythiug to the con- trary, ami perhaps desire the Sergeaui at ;unis to take you iui« cusJlody. howtver luueh he might he ineliued, to ilisseniuate useful p«)liiieal iutorniatiou auil niauly l^riiish eloqweiiee : The Speaker therefore ami the juati«)U .It lar^e must panloii us, if we expect the same eoneessions from them with je- siH 1 1 to that hraneh of the prerogative of the Crowo whieli preserves, though uot exer- cised a negative upou the Speaker of the Commons.

This iMings us down to the cousidorntiou of the preri>- ^tive aud privileges inherent hy miah gy in our provineial coustiiution rtmi their application ; hiii this we must postpone til] auother opportunity.

Xo. IV.

HwiNG thn?, bv reasouablo argumeuls and iuevitable dcauction, cstabliaicd tbo importaut truth, that, by the coustmitiou ot the mother country, uo branch ot the royal provoj^atlve is established on a firiuer basis than That which aUows a negative in the ap- pointment of Speaker of the House ot Com- mons, we now proceed to trace the analogy which subsists, or. at least, oug^ht to subsist, in the tree constitution of this Province, in common with all our other colonial posses- sions, whether what has been termed pro- vincial establishments, proprietary govern- ments, or charter governments.

No one need be told the general form of liovernment established throughout the Bri- nsh Colonies. It is in all of them borro^^ed from that of Great Britain. It is impossible that it should be otherwise : for all the power that exists among them, either judicial or legislative, is bestowed upon them by the kTuj; and Parliament, whose prerogatives nnd Privileges they may indeed imitate, biu cannot overstep, as declared by the statute 7 and 8 William III. c. "2-:!. and, so far as re- gards this Province, by the second section of The constitutional act of 1791. But Avhatever inav be said of the want of prosptctiit' pru- dence and policy which gharacieriied the 4*

GO

extensioD of a free representative goveiii- jr.ent to this Province, in none of the Colonics have the general outlines and most pronii- iieut features of the British Constitution heea so closely imitated as in the Canadas. V\ hat- ever powers and prerogatives are enjoyed by the King in ihe metropolitan state, he pos- sesses in this Province ; and he is as much King of O.nada as he is of Great Britain and Ireland. He can come into the Province whenever he pleases, and exercise all tho sovereign functions lielouging to tlse Imperial Crown, civil and military, as well as eccle- siastical, lie may summon and convoke," prorogue and dissolve, the Provincial Parlia- ment at pleasure. He can reject such Le- gislative provisions as he judges improper to be passed, lie can delegate iiis judicial pow- ers to whomsoever he pleases ; and appoint such civil and military ofliccrs as he may think proper. He may confer such honours am! digujties as he may deem advisable. Ho may pardon what oflooces he pleases ; and, in a word, may, as already said, exercise all the sovereign povve:s of Constitutional King of the British Empire. Nay, more, he can appoint whomsoever he pleases to perform all these regal functions, as fully and freely as he could do himself; and tlierefore, though not personally present, ought always to be considered as tlie spring and regulator of every royal transaction. Su<;h arc the rights, powers, and prerogatives of Ilis Ma- jesty in this Province. ^

"^Vith respect to the other branches of our

61

Legislative Governraent— the Legislative Council onil the House of Asseaibly— their powers are couiined b)' the Constitution to giving advice and consent to His Majesty in making " Laics for the peace, welfare, and good goveniment,'' of the Province ; sucli4aws not being repugnant to that act, or the Con- stitution of the Mother Country. If, how- ever, in the performance of these express de- clarator\- powers, the two lower branches of the Provincial Legishiture found it necessary, for the maintenance of their dignity anJ au- thority, to imitate the proceedings and as- sume the privileges of the corresponding branches of the su|>reme Imperial Legisla- ture, that could only be done by following the same plan wihch had been immemorial- ly adopted by ihc object of their imitation. We have already' seen what that plan is. All their privileges with the exception of those claimed and maintained by the Bill of Rights, are only obtained by humble verbal pe'ijionto the throne, without which proce- dure they can neither be assumed nor exer- cised ; for no power is self-existent by our constitution except that of the Crown. Ac- cordingly, when the Legislature of this Pro- vince was organized, in virtue of the powers conferred by the constitutional act, both Houses, but the House of Assembly in parti- cular, proceeded without hesitation or delay to considor the best means of securing to themselves the rights and privileges enjoyed by the Parliament of England. In so doing

they had the good sense to perceive, that, aa

4**

62

the CoiiJlltution had boon entirely silent in rel:itu)n to such matters, their views coiihl on- Iv he accomphshed by tVdh)\ving throughout the example laid down in the mother coun- try ; and to assume bnvi manu any privi- Ie;^es resembling those of the Commons, without being legally conferred and confirm- ed, would be usur|)ing at once an authority which the constitiiiou could not possibly re- cognise or sanction. The deliberations and proceedings of the Lej^islaturc, with respect to the Speakcrof the House of Assenibly, in tlie first session of the first J*roviucial Parlia- luent, is worthy of being noted, both as mat- ler of iiiteresting historical detail, and as the best criterion by which the extraordinary pro- positions laiil down in the resolutions of Mr. Cnvillier can be canvassed and ju<lged of. " Que!)cc, Mondaif, the l/thl)ec. 1702.

" Shortiy -after, u Alessage was delivered byRlr. William Bouthillior, (Jontlemau Usher of the Black Kod, viz. " Gcutttmen,

" The Lieutenant Governor commands this Honorable House to attend His Excellency \ imme<liately in theLegislativel'ouucil house."

Accordingly, the House went up to attenil His Excellency in the Legislative Council House, where he was pleaseil to deliver tho following speech.

" G<:ntlemtn of the House of Assembli/,

" Parliamentary usage, aud the proper conduct of the business yon are about to un- dertake, making it necessary thai you shouhl linvc a Speaker, it is my pleasure that you

return to your House, and make choice of a lit persou to fill tliat oftice, who you will preseut for my ArrnocATioN ou Thursday next at twelve of the clock, when I shall de- clare the cause of couveuiu;; this Assetiihly." " Tuesday, 2Ulh Ucceniber, 1792.

•' Mr. Speaker elect having taken thd chair, proposed as questions to the House, and on which he wished to take advice of tiie House, (to w it :)

" That the Speaker being presented at the Bar, lie should say, (among othor observa- tions.)

" IVly incapacity being as evident as my zeal is ardent, to see that so >inportaut a duty as that of the first Speaker of ih'6 ConVniou^ House of Assembly of tfio Kcpresentatives of Lower Canada bo fulfilled, I most respect- fully implore the excuse and command of your Ivxcelltncy, in the name of our So- vereign Lord the Kinj;."

IF TUE ELECTION OF SPEAKER IS APPROV-

ro OF, he may say,

*' I most humbly claim, in the name of the samo Assembly, the freedom of Speech, ancf generally, all the like privileges and liber- ties as are eujoycd by the Commons of Urcat Britain our moiher couulry;" ^Jvc. &c.

In conformity with these claims, sanction- ed by the Governor in the name and belialf of His .Majesty, and the factual exercise of 9-ome of them during the next session of the rroviucial Pariiameu:. the House of Assem- bly resolved, *• That in all unprovided cases, resort sJuiU ke had to the rules, usages, and

(J4

forms of the Parliament of Great Britain, which .shall be followed witil the House shall think ft to makt a rule or rules applicable to such.improvided cases.'" AdcI according;!?, avc i'ncl, that ever since the commelbcemeiit of the coustitution, both the prerogatives of the Crown and the privileges of Parliament have been maintained and exercised in tliis Pro- vince on the same footing that they are es- tablished in the mother country, till the House of Assembly, in the last session, thought it .proper to deny the prerogative at the same time that they persisted in tlie exer- cise of their own privileges; thus annihilating rights and powers wliich, if permitted to ex- ist at all, can only bo exercised mutually and reciprocally. IJut it is time to advert to ■what jMr. Cuvillier and the other gens TOGATA of the Assembly say upon the sub- ject. We shall take up their Kesoluiions seriatim ; and their first decree runs thus :

" Resolved, 1. That it is necessary for the discharge of the duties imposed upon this ouse^ viz. to give its advice to His Majesty in the mactment ofknvsfor the [Jtace, ivelfare, and good goi'emment of the Province, conformably to the Act of the British Parliament, under which it is constituted and assembled, thoi its Speaker be a person of its free choice, indepen- dently of the will and pleasure of the r. rsou entrusted by His Majerty, with the adniinis- tralion of the local government for the time being.''

We scorn to comment on the disrespect- ful terms iu which this resolution is express-

C»5

ctl. Those nlio can treat the reprcsentativo ofhis Hr'.taimiok Majesty in tijis Province as a"rEns!i)>,* without title or digiiiiy, arc themselves unlit to be treated like gcWtle- men; far less like wisd*antl prudent lejj,isla-^ tors, sincerely desirous of their country's welfare hy those salutary means p)-escribed by liie constitution. No wonder if men un- acquainted with the ordinary rules of decen- cy and good manners, shoukl also he stran- gers to the maxims of the British constitu- tion. But if it bo true, ns It is here for the first time asserted, tliathi?. iMajesty's repre- sentative, or rather ilsc Kinj; himself, v hoso prerogatives are now called in question, has no voice in ihe constitutional appointment of the Speaker of the House of Assembly, the choice of whom is independent of the " will anil pleasure'' of the Crown, then it is equal- ly true, that every House of Assembly, from the first w hich met on the 17th of December, 1792. till that notable one which met on the '20th Nov. 1S27, has been unfaithful to its ilulies as representatives of the people, and compromised its own rights and privileges iu manner most disgraceful to any branch of constitutional Legislature. If the priuci- ] 'is laid down in the foregoing resolution be w\.il founded, the various Houses of Assem- bly »f this Province have not acted like men of honor, worth, and independence, but like cra\;jn hearted cow ards an<l traitors. They have. f»ue and all of them, betrayed their trust, vd, imlikf true l^rituns, become the passivw slaves and minions of a power whicli

60

held no controul over them, and of wliose " will and pleasure,'' so far at least as re- garded ilie choice of Speaker, they were en- tirety free and independent. But it is the particular good fortune of tliis Province as of mankind in general, that knowledge is pro- gressive, and that though the clouds of bar- harous ignorance have hung long, dense, and heavily, over our forefathers, the sun of the British constitution has at last penetrated through the intellectual gloom, and swept fronn the atmosphere every vestige of our pristine obscurity. The first short session of the thirteenth Provincial Parliament ^vill form as memorable an era in constitutional as the discovery of the new world did in civil -history ; and the resolutions now under consideration will forever be the Magna CnARTA of Canadian privileges. As for Mr. Cuvillier and his coadjutors, theirs will be the high and enviable distinction of having consigned to eternal oblivion the constitu- tional ignorance and stupidity of all iheir predecessors, and of pronouncing over it one of the finest specimens of funereal orations that ever was uttered in the world. This being the case, it only remains to lament the folly and ignorance of all preceding Houses of Assembly, especially the first, for having so far compromised their rights as to receive their privileges, but in particular their Spea- ker, from the hands of another, when there existed sufficient authority in themselves to assu.iie and maintain them. AVhy, when desired to present their Speaker for His

cr

JNlA.TESTr's APPROBATION, (.11(1 UOt the fllSt

House of Assembly tell the " Person ' then " entrusted l>y His Majesty with the admini- stration of the local government," that its S|)eaker was a person of its own free choice ^' Indepaidi^ntly'' of his " will and plea- sure?" Why did they not then anticipate the glories of 18*37/ But why, Oh ! why did they hint in their deliberations at tbo bare possibility of the rejcclion of their Sj)ca- ker by recording those ominous words, " IF the election of the speaker is appro- ved OF ?" Why, moreover, when that ap- proval h.jppily took place, did the Speaker " Mo.^thuiiihlj/ claim in the name of the same Asstmhlji, the freedom of speech, and geiie- ral y all the like privileges and liberties as are er>jot/ed hy the Commons of Great Dntain, our mother country?'^ Why did all the succee- ding Assemblies follow the same course ? Why, if tlicir general privileges and the e- lection of their Speaker existed in their own right " Independent if of iho Crown, did they thus become a party and the chief actors in a mere theatrical pantomime that could only entail disgrace upon theii- proceedings, ■and load their own memories with the con- tempt of future ages ? But, to the praise and honor of the Jirsf House of Assembly, be it seriously spoken, they understood the con- stitution which brought them together, and its relation to its Imperial model, as well, if not much better, than any Assembly by whom they have been succeeded. Finding that the Constitutional Act contained uopro-

vision with regard to the rights, privileges, imrj. unities, and usages, necessary in the preservation oftiie dignity and authority of a free representative Parliament, but rather that these were permitted to spring up as a concomitant plant of the new Constitution, as they had before done in the mother coun- try, they nurtured it with the greatest possi- ble care and attention, and procured shelter for it where alone they could find it — in the ivide-spreading branches of constitutional prerogative. They did not imagine, like our modern theorists, that, as a matter af course, all these privileges were inherent in themselves without the sanction of higher authority, or that they could innovate at pleasure the forms and proceedings so long practiced in the mother country. The en- joyment of the right was enough for them, without the dang:erous power of destroying it in whole or in part. They were happy to embrace it as they found it, and to exercise it as had been done to such advantage be- fore thetii. In particular, they looked upon their Speaker as an officer of the Crown as well as their Chairman ', deriving considera- ble emoluments, dignity, and honour, from the Crown ; and, therefore, as much in the choice ard approbation of the Crown as in their own. At all events they sought his confirmation from the Crown, and received it; and, if we may judge from their temper and talents, as well as their proceedings, would have admitted his rejection as aright which they had neither the incliDatioa nor

69

the power to controvert. Their successors must be jud};ecl by the same rule; autl it is equally to the hoaour and the disgrace of the Proviuce, that it is almost ihe same iodivi- dunls who have denied ttie just preroj^atives of the Crown, and, by their general uucoq- stitutioual conduct, plunged a liappy and loyal people in troubles which their children's children may not live to see appeased.

Resolved, 2. That Louis Joseph PapineaUy Esq. one of the Members of this House, ivho has Served as Speaker in six successive Parlia- ments, has been duly chosen by this House to be its Speaker in (he present Parliament.

Our only object in extracting this resolu- tion is to introduce Mr. Papineau as one who not long ago thought diflerently than him- self and his colleagues do on the present oc- casion with respect to tDc legal election of Speaker, and to prove that the boasted ex- perience of " six successive Parliaments'* has failed to mature liis judgement on one subject at least. All Canada remembers the proposal made in the Imperial Parliament to unite the Provinces of Upper and Lower Canada, and the stir which the intelligence created in this country, as well among those who were favorable as unfavorable to what, we must not conceal was at that time, but is still more so notv, a most desirable measure. It may also be remembered, that Mr. Papi- ueau, being a noted orator and Statesman, was one of the delegates whom the anti- union fraternity sent to England to plead for filiem. The Provincial Parliament beipg a^

70

bout to meet in the meaa time, it became necessary for him to intimate his absence from the Speaker's chair. This he did by adih-essing a letter to the Clerk of the House of Assembly, in which, contrary to all usage and precedent, he took occasion to express his sentiments on tivo topics which, in all probability, will be equally memorable iu this Province. The one related to the coq- templated union, and the other had refer- ence to the appointment of Speaker of the House of Assembly. The first of these not being under discussion at present, all wo deem it necessary to say is, ti'athadife been the" PERSON entrusted by His Vlajesty with the administration of the local government," the man who had so unnecessarily libelled the Imperial Government and Parliament, should never afterwards be allowed to place himself in the Speaker's Chair. As to the second point, we shall extract Mr. Papineau's own words; and think they will not only speak but cry aloud for themselves : — " It is not, tkere/ore, to avoid fulfllitig the duties of that honorahle station ivith which it lias pleased his Excellency the Govenior-in-Cliii^ and the House of Aysemhhj to honor me, and in the ex- ercise o f" which theii constant kindness has s p- plied mi/ insujjicienci/, that I absent myself,^* &c. &c.* If, we will simply ask, His Ex- ce lency the Governor-in-chiefhnt], in 1823, a co-e^-'lent or co-equal voice in the noinina-

* Viile Journals of the House of Assengi- bly for 1823.

71

lion of Speaker of the House of Assembly, as here admitted by Mr. Papineau lumselt, bv what authority— 111 vh-tue ol wuat law has his right and prerogative been lost m 1827 ? How can the Speaker of IbJ./, to use the words of the resolution, be " did ij chosen without the approbation of the Governor, ^yhlch is asserted to be a mere piece ot tawdry f()rm, if that approbation \Yas necessary in l^-<^ ; or if the Speaker had kvf.r been appointed by the united voices of the Governor and As- sembly 1 The inconsistency of some men ib astonishing ! ^ , i-, •,• i.

'' Resolveih 3- That the Act of the British ParUament under which the House is consti- tuted and assembled, docs not require the ap- proval of such person so chosen as Speaker, by the person administering the Government oj this Province in the name of His Mojcstij.''

This we hold to be the most important re- solution of the whole series, because it ap- peals to the highest and last resort. '* Hast ihou appealed unto Cffisar ? Unto Casnr shall thou go." It is very true that the Act nftl'.e British PailiaineuL under which the House is constituted and assembled, does not REQUIRE the approval of such person so chosen as Speaker; but does it deny the light of such approval ? If not, the propo- sition is null and void ; and the House of Assembly, in demanding the approbation of the Governor, acknowledge the right of rc- jection as well as approval. They afllrm 'the former to be uncoustitutiooal : if so, we ailirm the presentation for approval to be

4'4.

equally so ; and moreover, that every time the House of Assembly have exercised what they term their liberties and privileges, they have acted unconstitutionally, and without the authority of a siugle section, clause, ex- pression, or word, in *' the Act of the British Parliament under which the House is con- stituted and assembled." Whence, then, the authority of those Parliamentary rights and privileges which the House of Assembly has daily exercised since the commencement of the constitution, and ofwh«ch they seem so singularly tenacious/ For our own part wo can discover none, except the inherent powers and prerogatives of the Crown. — Here they are asked and here they are con- ferred. Yetthe Assembly deny to the Crown, iht source of all their own privileges, the cor- responding prerogatives ; without thcjenjoy- ment of which the Crown would want that constitutional check and balance which are so necessary to controul the undue exercise of these privileges. The Assembly, like hungry mendicants, are ready to receive all the privileges that they can possibly exercise; but when you tell them that a corresponding prerogative has been kept in reserve, they suddenly turn upon you, and answer, *' such things must not be ; we indeed are entitled to our privileges, notwithstanding the con- stitution is silent on the subject; but the Crown cannot lawfully retain or exercise any prerogative, especially the negative in the choice of our Speaker ; for " the Act of the British Parliament under which the

73

House is constiiuted and assembled, does j20t require it !" No, as already observed, it does not require it; but at the same time that it does not deny it, does it require that the House of Assembly, who are but a branch of an inferior and subordmate legislature, should possess all the privileges of the Su- preme Legislature ? No, it does not. The King can exercise his lawful prerogatives in any part of the Empire and so may the com- mons their privileges; But when the King chooses by himself or by commission to ex- ercise these prerogatives in Canada, where Is the power that can controul him ? If tho commons of England hav# not the jurisdic- tion, surely the commons of Lower Canada cannot pretend to it. The King and Parlia- ment is the only power on earth that caa limit and restrict the royal prerogatives. Not having done so in Canada, whether they re- late to the Speaker or to any other question, they may and ought to be exercised when- ever occasion may require it. Seeiuji that no privileges whatever are conferred on the House of Assembly by the Constitutional Act; and that consequently all the privileges that they enjoy are derived from the Crown, •would they annihilate every prerogative ex- cept that which confers these privilege*?— Yet this is what in practice they have at- tempted to do. Never did this or any other country witness so parricidious an act of po- licy. No mind but a frantic one could en- tertain ; no arm but that of a democrjtt rnnid strike the blow. 5

74

Wo Iiave said lliat the House of Assenibiy h;iv0 on various occ:isions exercised privi- leges similar to those enjoyed imniemoriably by the Commons of England : and we have seen that such privileges Iiave not been de- rived from the constitutional act, but from the CrovvQ, which alono had the rij;;ht of giving them away in the absence of all legis- lative enactments. If wo can prove iliis, wo can on very just grounds and with a very bold countenance ask, how dare the assera- ])ly apply a rule to the prcrogaiivo of the Crown Avhich they rcuI.^c to adopt with re- spect to their own privileges ? During the second session of the first parliament a mem- ber of the house having been arrested for debt on the eve of embarkation for Europe, complained of a breach of privilege in a let- ter to the Speaker, who, strange to say, was himself the professional man who had sued out iho writ. The terras of the complaint are so re- markably applicable to the general strain of our argument, that "we cannot help usiug its own words, which arc, "That on opening the viusT session, ho (the Speaker) in tho iiarao of the house, liad claimed such privi- leges and liberties as are enjoyed by the com- mons of Great Britain, and the Lieutenant GovERNOK, in his answer, had recognized the enjoyment of all just rights and privi- leges." It was voted, " that the member hud been arrested in direct violation cfthe rights and privileges of the house ; and tlsat tho Speaker, as the Attorney, the creditor and the Sherill "wero sevcially guilty of a

. ; each of privilege ;" aud these persons apologised accordiogly at the bar. During the second and third parliaments Charles Baptiste 13ouc v.'as twice expelled by a vote of the House of Assonibly in consequence of beiag convicted of a conspiracy to defraud one of His Majesty's subjects of various sums of money ; Avhich, beiug a great stretch of privilege, could not be carried into cilect without the sanction of an act of the legisla- ture, nhich was accordingly introduced and passed. In the secord session of the fourth parliament, a Montreal newspaper having jiublishcd some toasts given at a public din- ner at that place, reflecting on a party in the Assembly, the chairman of tho dinner iiud the printer of the paper were voted guilty of a high breach of the privileges of the House, and ordered to be taken into custody. In tho same session, it was resolved, '• That Tho- mas Carey, Editor of the newspaper entitled ' The Quebec 3Iercury,' for undertaking in his paper of yesterday, to give an account of the proceedings of this house, to be takeu into custody of the sergeant at arms attending this house.'' On the t20th February, 1808, it was resolved, '• That Ezekiel Hart, Esquire, professing the Jewish religion, cannot tako a scat nor vote in this house." In the samo session it was also resolved, " That to send for a member of that liouse, when in his place, attendant on tho duties thereof, aud on his withdrawing in consequence into an apart- ment thereof, or appendage thereto apper- taining, to servo upou hiiu a sammous, or

76

other civii process, is a breach of the pri\i leges of this house," and " That John John- son, a Baihfl' for the Court of King's Bench, for such breach of the privileges of this house, be taken into custody by the sergeant at arms, and that Mr. Speaker do issue his warrant accordingly." The fith provincial parliament was dissolved in consequence of the Assembly having attempted, by a mere vote, to disfrauo4iise certain classes of His Majesty's subjects. " The House of Assem- bly," said Sir J. H. Craig, in dissolving thp sixth Provincial Parliament, " the House of Assembly has taken upon themselves with- out tiie participation of the other branches of the Legislature, to pass a vote that a Judge of His Majesty's Court of King's Bench, cannot sit nor vote in their House." la 1812-13, the Assembly commanded the at- tendance at their l>ar of the Otficors of the Legislative Council, without leave being pre- viously asked for the purpose. In 1814, the Governor in Chief, Sir George Prevost, having thought it inexpedient " to suspend the Chief Justice of the Provin< e and the Chiet Justice of the District of Montreal, fro'H their offices, upon an address to that efleet from one branch of the Legislature alone, founded on articles of accusation on which the Legislative Council had not been consulted, and in which they had not con- curred," the House resolved, " That His Excellency the Governor in Chief, by his said answer to the address of this House, has violated the cou'^tiiulional rights and privil- eges of this House." To conclude, in 1826,

the printers aud publisliers of tho Canadiaft Times were voted {guilty of a breach of tlio privileges of the House, and ordered to bo taken into custody for merely saying that the composition of the majority of the House was8 anti- British ; a term than which nothing could be more applicable.

Now, without going into further particu- lars, what can be more inconsistent, perverse and factious, than the late attempt ti» deny- to the Crown tho exercise of one of those just and lawful prerogatives which is almost annually practised in tho mother country, and which has also been practised in this Province ever since the commencement of the constitution, while such extensive rights and privileges have been claim'Hl and exer- cised by the Assembly itself ? Is not this setting up for law the sole dictum of the House of ssembly ; and telling the King, " Sire, you must not, and cannot, by the con- stitution, exercise in this Province any branch of the prerogatives enjoyed in the mother country, except conferring upon us our usual privileges ; which privileges we may and tan enjoy, even to the denial of your Majesty's authority, whenever we think it proper !" If such an act is not a direct at- tempt on the part of the Assembly to destroy the just balance of the constitution, we know not what is ; and scarcely remember any thing resembling it, except that memorable vote of the Commons of England, in 1648 ** that whatever is enacted or declared for Jaw bv the Commons in Parliament aisem-

bled, hath the force of law ; and all the peo- j)Ie of this uationare couchuled thereby, al- though the cousent aud coucurreiice of the Iviug or House of Peers be not had thereto." To do themselves justice, aud be conbisient, the House of Assembly ought to iiave cou- liuued the parallel aud made it good. But, l)oor maniacs I though t!iey had the audacity to aiteinpt the destruction of the constitution, they wanted the courage to carry their de- sires into execution. Like most innovators, it may bo presumed they entertained the am- bition, but dared not adopt the means. That wise saying of Cato becomes, therefore, very, applicable : " Nae tu stultus homuncio cs, qui malisveniam 'precari quain non peccare.

•• Resolved, 4. That the presenting of the person so elected as Speaker to the King's re- presentative for ajiproval, is founded on usage onJi)^ and that such approval is, and hath al- ivaijs been, a matter of course.'^

',' Resolved, 5. That this Hoiise doth per- sist in its choice, and that the said Louis Joseph Papineau, Esq. ought to he and is its Speaker.'"

Our observations on the other Resolutions having embraced these two last ones, it will only be necessary to remark, that even if the " approval is foundtd on usage onli/," the right would be equally good, until the united voice of Parliament bad declared otherwise. But what is usage ^. Is it not the basis of our whole system of government ? Is it not the foundation of all our laws and all our rights ? Is it not the palladium of the

79

British Parliament, and the corner stone of our Courts of Justice 7 Whence the most sacred pillar of the whole edifice — trial hy Jury? Yet, t!je House of Assembly of Low- er Canada, set their own will up in opposi- tion to usage, and declare their own votes as superior to the wisdom and practise of cen- turies !*

We thusconclude our observations on the pretensions of the House of Assembly in re- gard to the appointment of their Speaker. — We are aware that we have not done the subject that justice which its impoitance merits. But feeble as we are, we trust we have said enough to convince every reasona- ble man that truth and justice are on our side, while nothing but folly and falsehood characterize the other. We shall now turn our attention to other topics of paramount importance. That the country is in danger need not be concealed : it would be childish. It tiiereforc becomes every loyal subject to il& all in his power to preserve unimpaired the ancient rights and liberties of Hritons. We are not indeed in open warfare with foreign enemies ; but we are in rupture with a foe equally dangerous, foreig^n laws, manners, priuciples, and sentiments. If, in acting owr part in this warfare, we should at any time make use of energetick langunge, we entreat those to wI;om it mny apply to believe that we mean nothing pcrsonallj/ hostile. Person- allilies we despise and abhor ; but should

f5ee Appendix No. IV.

m

p.ny iDclividual fall under our weapon \s\ica brandished only in self-defence, tlie intruder, and not us, can aloue be to blame. To con- clude, we are not, like Mr. Papiueau and his gang, warriors ad internecio ; but will lay down our arms the moment the enemy leaves our borders. In the mean lime, the inscrip- tion of our banner is Pro Patria, and blighted be the patriotism that does not a- dopt and follow it.

«r

No. V.

To Louis Joseph Papincau, Esq. SIR,

Seeiug that the most unwarrantable aud unprecedeuted proceedings have attended the opening of the present session of the Pro- vincial Parliament,! cannot refrain, what- ever may be the consequences to myself or to others, from raising my voice, single and feeble though it be, in reprobation — express and fearless reprobation — of such proceed- ings. It covers me with shame and confu- sion, that a country like this, where the free- dom and practice of the Jiritish Constitutioa are enjoyed in their fullest extent, shouM, ill the first place, by conduct which has been on all liands declared unconstitu- tional, subject itself to a state of anarchy, and confusion almost witliout example in Colonial history ; and, in the second place, Yi'ith the view of retrieving what had been so recklessly and thoughtlessly lost, expose itself to such animadversions as are only ap- plicable to deeds of corruption and breaches of trust. How sincerely do I regret that such language as this should ever have been applicable to this portion of his Majesty's dominions, fostered as it has been by every civil and religious indulgence. Would to God, in the words of that honest man and fcravft soldier, sir james kempt, that *' an

82

vhllvion of all past jealousies and dissensions,^^ inny be the result of the present session of the Provincial rarliament. But ho^vsver much so great aud enviable a blessing is to he desired by all, I will tIkis early most can- didly declare, that I shall be tjje last nir.n in the country who shall seek my end, or ac- cept any boon that may have been obtained through illegal or uucocstilutional means. I blush lor my country : I blush for the good people of this Province : lUitmore especially do 1 blush for their Representatives, when I reflect, that, in no Constitutional measure that has ever engaged their attention, has that wisdom or forethought been emj)loyed T\ hich was necessary to carry it to a finally hapyy issue. I blush for my country : I blush for the good people of this Province ; But more especially do 1 blush for their Represen- tatives, when I reflect, that even when con- trouled by constitutional authority, mellowed by indulgence, or tempered by experience, they have never been able to regain one false step Avithout plunging deeper into an- other. Finally, I blush for my country : 1 blush for the good people of this Province : But more especially do I blHsh for their Re- presentatives, when I reflect, that, at no period of our bistery, have these charactcr- isticks been more conspicuous than during the proceedings attending the meeting of the present Session of the Provincial Parliament. To treat of those proceedings is the sole object of this communication ; and as you, Sir, have ever been, aud still are, the pivot

on which almost the whole mnchiuery ol our late Legislative d'lTerences turn, 1 cannot Conceive to whom I can more properly ad- dress my observations than to yourself, un- fortunately branded and distinguished as you thus have been. In doing so, I do assure you, that I shall have little to do either with theory or theoretical deductions. I shall set down nothing but simple and recorded facts ; and whatever conclusions may be drawn from them can only be attributed to the ne- cessary consequences of such facts, and not to the ingenuity or imagination of any indi- vidual whatever. Shall I extend the right hand of fellowship to the man who has in- jured me, except, instead of grasping it vio- lently from my side, or seizing it clandes- tinely from behind my back, he beg it by those forms instituted by society ? Is stolen property to be stolen again in order to re- store it to the owner ? Js it not rather to bo recovered by the rules prescribed by law, and by those alone ? By what rule is tra- duced or tarnished honour to be retrieved .' By traducing or tarnishing that of the tradu- cer? By no means. But by the law of honour alone, which, while it prescribes forms to regain that which has been already lost, in the most ample and satisfactory way, will never sanction a 7i€iv breach upon the rights of another, merely to gratify the pas- sion or the revenge of the suirercr. " Let all things be done in order,'^ was a notable maxim of one of the greatest orators of au- lifjuity. And, indeed, nothing can possibly

64

1)0 nunc fatal and ruinous to the rules niul itisritulious, as well ol" j)rivjuo ns of puUlic life — as wolJ of civil us of rtiij^ious bodies — lliau nu nttompt to break throujili them with inipuiiity, and the unmanly and indecent ns- suiuptioii of power by undue and ille|^al moans. JJut to the point.

No man can be ij^uorant of the circumstan- ces wliicli atteuded ilie meeting and proro- guing^-of tiio parliamout called for the dos- pateli of business on the !20ih of November, lS*i7. Of these, lu)wever, it becomes neces-'' sary for my pre!>o<it purpose to recapitulate some ; and I gliaii do so very brierty. His Majesty's Keprcscntative being seated on tho throne, the lUack Rod was ordered to suiu- inon tile House of Assend)ly iuto His Excel- lency's presence. Tiiat body being come up, they u'ero inforiuod, in the usual terms, that His Excellency did not ihiidi it hi to <leclare the cause of summoning this Parliament, unfil there should he a i>iuaker of the Houi'e of Assembli/.^^ Accordingly, the Assembly were ordered to repair to their usual place of sittings, and tliere to make choice of a Speaker, and present him next day for the npprobatioQ of His Excellency. This was done ; and you Louis Joseph Papineau, being presented as Speaker elect, and mak- ing the usual and prescribed excuse, that ex- cuse was sustained by the Speaker of the Legisl.itive Council in the following words :

'• Mr. Papintau, and Gtnilemcn of the As^'tinhli/, ** I am commanded by His Excellency tbt

85

< .overnor-iu-Cliicf to inform you, that His i^xecllency doth not approve the clioico ^vb\('Ai the Assembly have made of a Speak- er, and in His Tvlajc^'ty's name His Excellen- cy doth accordingly now disallow and dis- charge the said choice.

" And ii is His Excellency's pleasure that you, Gentlemen of the Assembly, do forth- with AGAi>' V.F.PM11 to the place where the sittings of tlio Assembly are usually held, and there make choice of axotj/er person to bo your Speaker — and that you present the per- son who shall be so chosen to His Excellency in this House on Friday next at two o'clock, for his approbation."

But this corjnraand, which was the last command of Hia Majesty to the House of Assembly until the appearance of the Black Rod on the. 21st inst. was disobeyed. In- ^ stead of proceeding to the election of" aiso- THEPv PERSON," you, Sir, and the majority of the Assembly, proceeded to declare the FIRST election legal ; and the following me- morable Resolutionrj are the Decree by which you pronounced it legal :

" Resolved, 1. That it is necessary for the discharge of the duties imposed upon this house, viz. to give its advice to His Majesty, in the enactment of laws for the peace, iveffare and good government of the Province, conformahiy to the Act of the British Parliament, under which it is constituted and assembled, that its Speaker he a person of its free choice, indepen- dently of the will and pleasure of the person en- trusttd by His Majesty with the administra-

8G

lion of the local g-overnment for the time being.

*' '2. That Louis Joseph Papineau, Esq. ontof the Mtinhers of Ihis House, who has sirvt d as Speaker in sir successive Parliaments, has been dull/ chosen bif this House to be its Speaker in tht present Parliament.

" 3. That the Act of the British Parlia- inent, under ichich this house is constituted and assembled, does not require the approval of such pei.<!on so C'losen as Speaker by the p rson,^ administering th> government of this Province in the name of His Majesti/.

'* 4. That the presenting of the person so elected as Speaker, to the lving\s Representa- tive for opproral is founded n usage o/j/j/, and that such approval is and hath alwatjs been a matter of course.

*' 5. That this house doth persist in its choice, and that the said Louis Joseph Papi- ncau, Esq. ought to be and is the Speaker. ^^

J will abstain from any remarks upon these Kesoluiiotis, because I liave already proved tliat tliey nero violent, illegal, and iincoustitutioual, in the highest degree. I only rehearse them to enable me to prove in fewer words and iu clearer terms than I couM otherwise have done, these two im- portaut propositions : 1st That the commands of His iNlajesiy to elect " another person," different, m all respects, from you, were not obeyed, contrary to your statement to the pi'esent Governor on theSlst iust. and, 9dly, That the honour and integrity of the llouso of Assembly, of w^hichyou are now Speakor,

87

have been compromised ; their faith broken, and their Journals falsified !

I. When, in ohedioricfj to the commaodi} of His [present] Kxcellency, you nud the House of Asseifibly weul up to the Legisla- tive Council Chamher, it was there intima- ted to you, that His Excellency did not see fit to declare the causes for which he had Burnmoned that Provincial Parliament, until thero should he a Speaker " duly elected and approved.'' Your reply, sir, is no less ex- traordinary now than it will he memorable hereafter: —

" May it pltase Your ExccAkncy,

"In obedience to His JMnjesty's (/om- manda, the House of Assembly has procee- ded to the election of a Speaker, and 1 am the person upon whomc their choice has fallen. I respectfully vray that it may please your [Oxcelleucy to give your appro- bation to their choice !"

Here you say, sir, that it was " in ohedi- once to His Majesty's commands" the House proceeded to the election of a Speaker, and that their choice had fallen upon you. I respect your station very much, sir, hut I respect the honour of my countiy, an<l the rights of the people still more. I regret, therefore, to he under the necessity of con- tradicting you in the plainest and flattest terms. I say, that in obedience to His Ma- jesty's commands — the /«3? comman^ls which you received previous to the present fuecTing of Pfjrliament — you dio not, in the ttrms of these commands, and in obedience to them.

b3

" agaiu repair to tlie place whore the sitiings of the Assembly are usually held, and there make choice of another person to be Speak- er ;" your election, Mr. Papincau, having been disapproved of in these words " / am commanded by His ExccUencij the Gove.r7ior in Chief to inform you that His Excellency doth not approve the choice ivhich the Assembly have made of a Speaker- mic? in His Majesty's name, His Excellency doth accordingly now disallow ana discharge </ie said choice.''^ On the contrary, you passed the Resolutions above recited, and the liouse " persisted in its choice'' of you as Speaker !

Sir, tliese are brief, but most damning faclsl and the country calls aloud on you to gain- say them, if you can. They not only con- vict you, now' a public officer of the state and of the Government, of having, at the meeting of the present session, gone up to the pre- sence of your Sovereign's Representative with a most false and erroneous statement in your mouth ; but stamp the House of Assembly itself with a character neither enviable iu itself, nor suitable to the honour and respec- tability of the Province.

2. I come now to consider with equal brevity my second proposition, namely, That the honour and dignity of the House of Assem- bly, of which you are now Speaker, have been compromised ; their faith broken, and their Journals falsified.

After stating, in the words which I have already recited, that the choice of the Assem- byl had fallen , upon you, " yon respectfidly

89

'[jray, that it might please His Excellency in give hi'i approbatio7i to their choice /" When you frayed after this form and manner, did it ever occur to you that you ^vere establish- ing a formulary for the perpetual damnation of the Resolutions of 1827; consecrated by a great majority of votes in the Assembly, and already carefully deposited in the archives of the Provincial Parliament ? Whejlher it did or did not, th',is is a fact, that by such prayer and proceedings in the face of these memo- rable Resolutions, you have, not tacitly nor constructively, but in reality, compromised the honour and dignity of the Assembly ; broken its faith, and falsified its Journals. What now becomes of these famous Resolu- tions, so clamorously called for, and so eagerly voted ! What now becomes of the vote, That for the discharge of the duties im- posed upon the House, it was necessary that its Speaker be a person of its free choice, in- dependently of the will and pleasure of His Majesty : That Louis Joseph Papineau had been duly chosen as Speaker : That the act of the British Parliament, under which the Assembly was constituted, did not require the ArmovAi. of the Speaker by His Majes- ty or bis Representative : That the presen- ting of the person elected as Speaker to the King's Representative for approval, was founded on usage only; and that such ap- proval was, and had always been, a matter of course ; and, That you, sir, ivithont such approbation, ought to bo, and was Speaker ? • What, I ask, sir, becomes of all this ? And,

90

niorbovrr, wlKitbocomos ofilic ** coinpet^ncif" of tlu> House, as iw^a] l>y Mr Biatichtt, Avitliiuit such npprobiitiou .' WIku uow bc- coiuos of the " coir.inon vNY/ks'?*' of that Unumu'iI giMUk>uian ; ami what lio liis ** sound .s»7K<f<?" uiul his *' «»-()0(/ .<(;j.Nv" say to the uew liturgy of the praYinji-to-he-approveil-of-Spouker ? A\ hat has hoeonio of Sir. liounUiircs' " tles- j'otch of yttblic bu.'^incss," Avhioh he attlrined to he eoinpeteiu witheut tlie usual approvnl of the Speaker.' l?ut. above all, >vhat has becouie of Mr. I'allieres' *' ///e." Has it, beou '•/<)?/( j7((/" or not ? for ho declared, in his plact*. that he wouUl as seen lose his life as foresio his priviU^j;es. These, sir, havo tiow, indeed, become very iinportaut t|ues- tiiuis for you and your friends in tiio Assem- bly to ponder upon, and to answer, if you ">vill. Mif object will have been attained by the mere recital of them ; because I am con- viiu'Ovl. that every man of sense or discretion ■who peruses them, will unite his sulVrages ■with njine. and declare the whole ct»nduct of yourself and the present Assembly on th© subject o\' S}>eaker, no less a {;ross insult oa the dijiuitv of the Crown, than a stiu;ma ou the publick. character of the Pioviuce.

From what I have ;«()»' said, and I am not at present iiisposed to touch upon any other to]>ick, it appears perfectly eviileut. that you, sir, and the beily which you lead, or, to speak, more proptrlv, Avhich you serve, havo com- pleti^lv abandoned Coustitntional principles for interesteJ and tiuu -serving s\ stems; these svstems like the Indim* Mhilo«:oi>l>»' •'•^'-

91

ifj^ neither foundation nor rule of action, ex* cept the caprice, the passion an<J the heed- less ambition of a few theorists and dema- ^o'^'HiH. You have entirely and for ever forfeited your character as a legislative hody; for yoii have not only broken faith with the < ountry, hut trampled on your own Resolu- tions, Can you he trusted for the future ? Do you suppose you can always thus act I Do you suppose you can thus perpetually g<» on, drawing upon the approbation and con- fidence of your constituents, and then, the moment your object is accomplished, plot and carry into execution some new measuris of self-degradation — some new scheme for involving the Province in party-feuds, and yourselves into an exterminatory stale of warfare with all the other public bodies of the State. lielievo me, sirs, this game, ia which there is neither chance nor fair-play for all parties, will not last long. Your constituents are far wiser, dexterous and cleverer men than you give them credit for. They will not always be unfortunate without knowing the cause. They will not always bo thwarted in the public measures which you prescribe for their solicitation, and not inrjuire both into your right to dictate to them, and your prudence to guide thorn. *' Experience teaches fools" says the pro- verb ; and, with respect to this Province, it now seems very likely, that the experience of the past will ensure more wisdom for the future. On the present subject — I meaa that of Speaker and the co-relative prerogfc-

92

tive of the Crown—you screwed them up al- most to a pitch of desperation, with the con- fidence in which you addressed them of the righteousness of your measures. To con- vince them that it was impossible for you to be wrong, you told them— and some of them absolutely believed it — that in the last exer- cise of the prerogative, the late Governor in Chief was " mad!" But what Avill they say when you inform them, that all you said, all you did, and ail you preached on this sub- ject wps to no purpose; and that instead of following it out, and abidiug like men and legislators to your " p^esolutioa^s" through good and evil report, you totally abandoned them in a manner too dastardly to be repea- ted ; leaving their constitutional legality, as well as merits and demerits, to be discussed onlj' in the winter's evening Coteries of the habitcnts ? Will ihey not, when they rightly consider all this, be apt to say, that it was you j-ourselves who were really " mad" and not the King's Representative. And will they not add, that, if you found yourselves in reality to be wrong, it would have looked much better, and sounded more constituti- onally wise in the ears of every sensible man, had you publicly and boldly repealed und abrogated your celebrated Cuvillieran " Re- solutioDs" admitted your error, and promis- ed better for the future, instead of the craven part you have acted ; shrinking from any reference to your past conduct; and choo- sing rather to slur and veil it over with an egregious mis-statement than candidly de-

93

daring before God and your country that yoa had abauJoned the claim which you had set up to tne appointment of Speaker without the approbation of the Crown. Not only did you abandon, and for ever, the point at issue ; but you patiently and meek- ly submitted to an innovation (I will not say an unjustifiable or unconstitutional one) of the terms in which you are usually permitted to elect your Speaker; the words " Until there be a Speaker of the Assembly duly elected and approved" being substituted for the old expressions " Until there should be a Speakerof the House of Assembly." You are thus, your constituents will tell you, when they next meet you, doubly chained— voluutarll}^ chained by your oivn acts, as well as constitutionally by the prerogative of the Crown. This particular prerogative with respect to the Speaker, they will naturally add, you especially despised, disregarded and contemned ; but we now see it rivetted round your necks tighter, faster, stronger, and heavier than ever. Can we longer en- sure such treatment ? Can we endure to be embroiled in feuds and quarrels respecting our rights with our Sovereign and his Re- presentatives merely to counterance you ia your ambitious struggle for powers that do not of right belong to either of us, and iheu be told, as our only excuse and palliation, that you were in error ! We shall be ou oui° guard for the future ; and depend upon it, Gentlemen Representatives, that when you next quarrel with the powej-s of the State^

94

but especially with the King's lawful prero- gative, you shall fiutl us neither by your side, nor dragged on to our own destruction by the chariot wheels of your mistaken and ill-founded ambition. You have deceived lis once more; but it shall be the last time. JFe shall have no more Punic Houses of As- sembly to rule over its ! «:• Whilst thus discharging a most painful, but important and necessary duty to ray country, by exposing the delinquencies of you, sir, and 3? our friends in the Assembly, and a duty which I trust I shall never again be called upon to perform, I cannot refraia from expressing ray admiration of the man- ner in which Sir James Kempt discharged his duty to his King and country in opening the present Session of Parliament. He has been accused of compromising ; but this I posi- tively deny. He could have no personal or political objections to yon, sir, us Speaker. Yon tokl him, that in obedience to His Majes- ty^s commands the Assembly had proceeded to the election of a Speaker, and that their choice had fallen upon you. You prayed Jbr his approbation. He took you at your word, and he granted your request. It was not foi* His Llxcellency to inquire whether you had spokeu truth or falsehood. He fouud you in the situation of every other Speaker at the opening of Tarliament, with the prescribed adilrems upon your lips ; and it was not for him then and there — at the commencement of a Sossion which I trust will ever prove important to the interests of the Frovince--)'

'Jo

to read lectures either on moral philosophy or consistency of public conduct. The country is deeply indebted to His Excellen- cy for having thus once more afforded ue aa opportunity of putting the wisdom and pat- riotism of our Representatives to the test : and whatever may be the result— and let us cherish the best hopes— our gratitude and thanks to His Excellency will be equally un- alloyed. I am Sir,

Yours, &c.

T. L. C. W. 29th Nov. 1828.

g«

No.M.

Meeting' ofllic Prorincial I\}ilHUncn( — Mts- sa^^t' —iif^iolution^t — Declaration oj Indepen' tttinee — ^•('.

ISotwiihstainliiit;- tlio irrrpiulnrity and brosicli of ronstitiiiuinul iriist >vliicli wo liino uN roaily |»t)iiUtnl out as olmractori/.in|;' tlio com- nunioiMuont dI'iIio prostmt session of our l*ro- vim'iiil I'arliatiuHit, wo <//</ lii>|>o, onco a sit- ting; lia»I luHMi actually I'lVeotoil. that soiuo lulvaiitajAO to tlio oor.utry ini^lit ullii\ia(eiy l)0 tlio iTsiilt ; at all ovoiits. wo llaitorod our- scIyos \> itli tlio oxpootatioii, that soiuo pro- {ii'oss uoultl liavo boon niado towards an ad- justmont of thoso tlitVoroncos wliich liavo so lonj; injmod tlio intorosts and dis^raood tlio oliaiaotor of tlio rrovinoo. Indooil suoli an issuo was not only to be expectod, but alim»st confulontly rolioil u|)on, iVoni tlio gruoious and coiioilialin^ inaunor of ilio spoooli from tlio throne, which, above aud boyoiid all thinjis. onjoinod *' An oblivit>n of all past joaloiisios aiui dissensions. " Hut wo hoped, ami lialtorod oiirsolvos in vain. \\'o i>u^ht to have rocolloctoil; that lu) iljstompor is so inveterate as uational Jealousy, party prejudice, anil factious ambition : that noth- ing; can tak^ a deeper aud firmer hold of the heart antl t'le uiulorstaiulin^. than self-con- veivcd pow*»r cherished by iguorunoc : and

97

that no iulvittc, no prccopf,, no rnuxim, how- ov';r wJKftly corjcyivcfJ, or f-jitfiiiilly ur^ml, can ever ru'^ko a proper impres^iiori on ibc fool, tho hij;ot, or the cnlhuniant. It 'i%, there- fore, with //'u;f 'iud (lhtnH.y that we look on- whpJh. 'i ho vJKtH of the futuro nee oh dark aofJ uhhfuro to our Hi^rhl :, for we c-in now perceive no f)hjeet, discern no point, on which li> fix thone i'opon and anliciprtionn for our country which late events taujrht uh to cheri«h. We can <ie«cry nothing hut the fjaik and jarrinj^ elernenls ofperpeiua! Htrife. To ipeak rrior*; pl-jinly, the <»pirii and^reniuH oflfi'; House of An-^einlily i"* too turfjulent to hf; fariied f*y fair words and wholesome ad- vice. Ajiitator<j and disturherw of the puhlic pjacc, like thern, ^re not easily appeaned or conciliated. I)es{jit<ing the hoon of good will, they rnuHt have the concchhion of fear. We must yield to menace, and give hecauJ^o we dare not refuse. After having for the last ten yeara warred against everything sa- cred tf> frM« Jiriti»h afleetio.i : after having paralyzed the strong and legitimate am; of governrn<;fjt hy fearn ufjwoMhy of rnen nnd preteoHion-j unworthy of I eg is hi tors : «fler havii»g uKurped powerrs which solely heiong to the execnuve ; after having completely stopped the whole machine of our i/rovjocial government; after f aving poured out their compl'iintH at ihe foot of the throne, and in t^e pfe-i'-oc?^ nnl /ioyring of the supremo I. ' Jturc of the KiMpire : after »eein;; thewo co.i. -. int maturely weigfied and con!>;dered; and after receiving thf clear aod impartial

&3

RDswcvs «S:. .'leclsions of tho greatest & gravest authorities of the State, who coukl do other- vise thao hope-— who coukl do otherwise than believe, thatau end would irnmedir.toly be put to the political fends and dissensions ■which have so long retarded tlio prosperity of the Province ; and that the Assembly, in- stead of again renewing the disgraceful con- test, would be tho Mrst to retire to that legiti- mate ground of cordial peace and good will which should ever characterize a free and happy people. But alas! the olive brancii was held out in vain. Jt has been not only rejected and iramj)led under foot, but the torch of discord has been raised in its place midst the shrieks and bowlings of a furious and discontented party, proclaiming " ever- lost! ng- warfare, ^^ in place of '" a?i ohlivion of all past jtatousies and dissensions.''^

It now becomes, of necessity, our painful task to recapitulate how this has been done. Wo shall add such observations as must ap- pear obvious to the understanding of every man in the country who is not blind to its true ond most important interests. We may be alone in these observations. Viux we care not. We have a deep stake in the pros- perity of the Province. We have a rever- ence for her institutions, modelled as they are, or, at least, were intended to be, on those of tho parent State; and should con- sider ourselves as the most abject and worth- less of parasites if we did not raise our voice against the course which is now about to be pursued for the dcstiuction of all that i«

V'J

dear to a Briton's feelings, fii the meaa time, wc must waro the rrovince agniust en- tertaining any expectations of the present session of the Asyembly. When the core and the stem of the tree are unsound and rotten, can the fruit be good or plentiful ? It is difficult to stop the career commenced iQ inquity. It may terminate in virtue; but the issue must Gver be precarious; and our hopes always feeble.

The first bad feature in the character of the present Assembly which we shall point out, is, the manner in which the address, iu answer to the speech from the throne, was proposed and got up. That there was a ileviation froni, and an innovation upon, the (established rules of the }[ouse, all must ad- mit ; but no one can justify. It was usual, in conformity to the practice of the House of Commons, to refer the speech to a commit- tee. On the present occasion, when new forms of procedure, new rules, and new maxims are so much in vogue, a committee of a i'aw members would not do — could not do; having entirely forfeited the esteem and respect of the Assembly. There must be a committee of the " ivhole house.'''' It is a pity the wliole country, and the whole world, could not be added ! The ostensiiiie reason assij.;ncd for this innovation and deviation, "WPS, that '• it ivould afford lo all the members of ihe House an opportunity of expressing^ their sentiinents, and of furnishing the grounds or Jfoundationfr the Address'"'^ But this was a30t the real reason ,; and if it had been so, it

IdO

would ulToi'd but a rtimsy and oxecrahle ex- cuse for deviating tVoiu a rulo ♦?stabli>lied nt the comnienceuient of the Cunstitution ; for every uietnber of the House had iho same right when the report of the cornniitteo "wovdd be bron<;ht up. The real reason was this, that Mr. Uourdages and his circle had matters in cogitation which they were afraid^ to use their own words, to trust to a commit- tee. They could depend, they said, upon a viajoiiti/ of the " whoh' house ;'* but as. in thp appointment of a committee, respect must ueces.sarily be paid to au appearance (\fimpar' tialitij ; and as, consequently, individuals of the f/«c stamp, might be named members, deemed it an easier affair to fight one battle than two, which they must iueviiabiy do, had a committee been appointed, and any one or more reasotu ble and enlightened men made members of it. -'r. Bourdages, therefore, came up to his phu r with the Reso- lutions preparatory to the address cut and dry in his pocket, where they had been snug- ly deposited the preceding night to the no small satisfaction of himself and those in the secret of his intentions to insult as well as to innovate. As to the matter of the Address itself, it is certainly worthy of the manner ; ami this is tbo first instance in tl>e annals of the country of a legislative body, either me- tropolitan or provincial, having introduced matterinto an address which liid not corres- pond with the subject of the speech. What can possibly exhibit in a more glaring light tbe spirit whieb pervades ih« Assembly I

]0i

What can moro distinctly point out their wnnt of true gf^ntlemanly respect fwu] feeling

, in form, and want of principle ir' action !

[ . And what, in short, could he more shocking- ly insulting to [lis Majesty than the Ion;;; and cxt.-ancous tiradeintroduced into the Address

\ against Hiii Majesty's late administration in this Province. Did His M^ijesty ever disa- vow or disapprove of that o-dniinistralion ? Did His Majesty recall the head of that ad- ministration because he disapproved of it? (luho the contrary; and of this the Journals of the present Asserahly already bear aniplo testimony- But even had His Majesty done this, and dechircd so to his ^'- J-.iith.fo'L Com- mons'' of Lower Canada, was it fit, was it res- )>cctful, was it decent, in ansv. er to a speech from the throne, breathing conciliation throughout, and enriched with a vein of the );urest spirit of paternal affection and good- ^viil, thus to cast reflections on liis Alajesty's administration in this IVovince ! Was it con- stitutional to interlard and beslubber a State document of mere form and compliment with complaints of imaginary grievances, while oiher opporlunities and other r eans remain- ed behind for conveying r;ucb unwelcome scj'timents to the foot of the throne! Was every cliannel shut against complaint hut the address! Nay, was it loyal thus at on'-e to declare to His Majcyti/s Rf.prf^sentativfu that altiio'igh he took it upon [linnself to ^^njoia " A /I oh ivion uf oil pa: t p/'Xilov?if:S and dis- scnclons, ii v/sisby no mchus iheir iiitcc ion to do so while a vestige of them dwelt upon

106 ».

tholr remembrance : and in order to con- viiico liJm they were in earnest, that they had embraced the very Jirst opportunity of stating; a fact so clear to them? Tiio {:;ross ignorance and presumption of a le}i;ishuive body t!iat could stand up and act such a part as this, is amazing. They suppose, wo pre- sume, that there is not on the face of the •whole earth, any power — foeimj; — interest — passion — prejudice or sentiment to be con- sidered but what belongs lo thomsflves. Wo sincerely wish them joy ofthe tlitiorijg idea;- but we regret, at the same time, iluit thero are vaiiotis other powers on theearih, whom, ns we respect more, we shall consult th6 of- tener.

As to the tirade itself introduced into the Address so unnecessarily, extraneouslv, iuid indecently, it is truly wn/^uf?, and, to all in- tents and purposes, like every other ihing that IS great and wonderful, forms a class by itself. We know not, however, whether ii is not intended more as a panegyrick upon the past conduct of the Assembly tliemselves, than as a rellection upon Majesty; for they have ever been famous for the bombnstick egotism and adulation with which they ovor- "wliclmed thern:^;olves. But be thai as it may, we scarcely e or met with a i»;ore striking specimen of potty, shallow, powerless, IVcblo, declamation — ct puny, puerile, low scurrilous ♦' sound, and fury signilying nothing." It falls greatly bcsow tl;e couimou-placo taw- dry, insane, rhapsodies ofthe tools, emmi- sai-ies, demagogues, auii idolators ofthe As-

103

sernbly out ofdoors. It is as worthy of the authors a' of their cause. IJut however cod- ternfrtible it tnaybe in itself — nod that it is coDtemptible who will cJctiy ? — it forms part of the address of the House of Assembly of Lower Canada to His Majesty's Represen- tative; and, as such, exhibits in rich and luxuriant profusion both the characteris'.ics of the party whence it emanated, and the ul- timate object of their mistaken ambition. It Avill, therefore, in conjunction with other notable instances of the mad fervour of the Assembly, be of use in directing our aitentioa to their present wayward path ; and to which we would also seriously recommend the ob- servation of all our loyal and constitutional readers. j\o one can pass by the observations of the minority on this question without being struck with their siogularjustico and proprie- ty. Well might Mr. Stuart challenge the risible fortitude of the gravest individual^ upon witnessing the style and matter of the extraneous matter introduced into the Ad- dress ; and, upon Mr. Vallicres' justifies tioa of the bombastick fervor of the language made use of, well might he add, " that those who wrote fervidly were apt to write foolish- ly.'' Never was any apothegm more faith- fully realised than this one, for never before were such folly and loathsome insanity intro- duced into a state document ; never did an intended compliment to Majesty carry in its train such insulting malignity ; and never was the'path to the throne strewed w'ltb such filiii, impurity, and reptile slime. Wc know

104

not how we should have borne to be of the same party with those who acted thus. It is bad enough, God knows, to be of the same species.

But we approach matter of still graver im- portance— matter in which the dearest and best interests not only of the Province, but of the Empire at large are involved. We al- lude, as may be readily perceived, to the Message sent down by His Excellency and the Resolutions voted by the Assembly ia. answer to it. His Excellency, rightly con- sidering the great anxiety that existed in, the Province for a declaration of His Majes- ty's sentiments with respect to our present condition, and the importance of an early discussion of them by the Legislature, with the view of alleviating the miseries of the country, lost no time in making these senti- ments public the moment that the prelimina- ry business of the session could admit of |it ; and the thanks of ihe people are due to His Excellency for his promptness in acceding to their wishes.

The Message is, indeed, a document which ought to be studied by every individual in the country It is a direct emanation from His Majesty ; and is a free, clear, and candid ex- pression of his sentiments with respect to the various questions of importance which have so loui: agitated, and retarded the prosperity of this Province. It is, at t.!)e same time, the result of the frequent and mature delibera- tions of His Majesty, surrounded by all his legal and constitutional advisers. It is the

105

only authentic record in existence of the real., unbiased opinion of that au^just council on the public state of affairs in this counlry ; and of consequence, bf comes to the people, of this Province, as well as to its lejrislaiure, their only rule of conduct and guide — their only polar-star in leading to a definitive ad- justment of all our past disputes and differen- ces. There are some persons who will be guided by no authority however exalted — - who will bo swayed by no rule of conduct, however prudent and wise — except the dic- tates of their own vain and inflated imagina- tions. But with such persons, we would warn the loyal and the good of this Pjovince to hold no communion ; for they — the true and the lojal-— are as good judges of the rights of free-men as the loudest declaimer anci most brawling demagogue amongst their opponents. Let the honest and true, there- fore, think and feel, that the dorumeut in question is a direct appeal by His Majesty to their loyalty and good sense. It does not flatter our vanity, nor draw upon our ima- gination : neither does it yield one point with the view of cajoling us into a ready com- pliance with another. It sets forth the rights and privileges of all parties ; maintaining with a firm and manly grasp those belong- ing lo one side, and pointing, with a candid generosity worthy of its source, to the course which ought to be pursued by the other, in order to attain that cordial peace and perma- nent happiness which all seem to desire. It is not the manifesto of any party or faction.

10(3

It is neither the Creed nor the decalogue of an administration : nor is it the Circular of a proud unyielding minister, ready to tram- ple on right and justice for the attainment of iiis own ends. But it is the voice of the !aw itself, uttered by the Crown and its minis- ters, as the organs of the Constitution and government of the Empire— -it is in truth the law of the Empire, the dictates and prin- ciples of an Act of the Imperial Parliament, which neither the Crown itself nor any other individual power in the state can controul or alter. Knowing it to be such, it is our duty, ivithout hesitation or delay, to receive it in the spirit of enlightened men and loyal sub- jects ; ready to obey the law when the law speaks, and willing to yield when it is nei- ther our right nor to our advantage to con- tend.

It is not our intention at present, to par- ticulHrize the general principles and posi- tions laid d6wnin the Message. We shall restrict our observations to that part of it alone wherein a judgment and decision is pronounced on the Financial Q,uestion---tho great question which has given birth to all those difficulties by which we are at present surrounded and menaced. Our observa- tions will also necessarily embrace the Reso- lutions voted by the House of Assembly in reference to this question.

The position laid down in the Message is very simple and easy to be understood. His Majesty after stating his ronvicliou that the Provincial Legislature will cheerfully ac>

107

quiesce la every effort to reconcile past dif- ferences, looks forward with the hope, pecu- liar to his great mind and generous dispositi- on, to a period when no other subject will engage or engross the attention of the legis- lature, but " the best methods of advancing the prosperity and diiveloying the resources of the extensive and valuable territories comprised within His Majesty's Canadian provinces.^' With this vicAv, and the view of " obviating all future misunderstanding," His Majesty referring to the " serious attention" which he has bestowed on the discussions which have taken place in the province, " respecting the appropriation of the revenue,''' sets forth " in ivhat manner these questions may be finally ad- justed loith a due regard to the prerogatives of the Croicn as well as to their{the Legislature's) Constitutional privileges, and to the general welfare of his faithful subjects in Lower Cana- da/' Ills Majesty then states, " that the Sta- tutes passed in the 14th and 31st years of the reign of his late Majesty, have imposed up- on the Lords Commissioners of His Majes- ty's Treasury the duty rf appropriating the prociucc of the jevcnue granted to his Majes- ty by the first of tliese Statutes, and that wliilst the I^aw shall continue unaltered by the same authority by which it was framed, l}i3 Majesty is not authorized to place the Re- venue wn.. I cr th-?controulofthe Legislature of the province.

'• The proceeds of the Revenue arising from the Act of the Imperial Parliament, 14. Geo. Ill, together with the sum appropriated

103

by tlio Provincial Statute. 35, Goo. TIT, and

the duties levio<l under the rrovinoial Sta- tuK's n. («eo. Ill 0. l-'KV M, may 1><^ limited for the eurrent year at the sum of i.'M4,7(H).

"The produee of tlio casual and territori- al revenue of the Crown and of fines and for- feitures may he ostimatoil for the same peri- od at the Slim of jL'3100.

" The^e several sums makin{i- together tho sum of ,C\S<. 100, constitute the nhole esti- mated revenue arisinj;in this l*roviiict\whicli the Law has placed at the disposal of the Crown.

** ffis ^faicstff has hccn plcasano direct that fioin this coUtrtivc trvftmr o/' £38,100 tht sa- larif of the ojjiccr a({minist( > j/iir the i;-ojrm- inento/thc l^rorincv ivul the salaries of the ju(fges should be defrai/ed."'

What can he more concise — more explicit -—more candid. Hut what renders this com- munication of threefold value to the loyal in- hahitants of this rrovince is, its great and remarkahle consistency — its singular, its ex- act uniformity with every despatch, commu- uication and declarttiou that has ever been made to the Provincial Legislature on the subject of the financial question. This is no new or timeserving doctrine. It has not been got up to please a minister or a party — to keep the one in otlice. or screen the other from publick obloquy. It is the dictates and principh'sof our constitution. It has its foun- dation in acts of the Imperial anil i^rovincial Parliaments ; its interpretation in the solemn opiuiou of the highest legal authority of tho

109

State ; and its execution in the orders and instructiousof Mis Majesty ; aud these orders and instructions ever were, aod wo hope, ever will be, acted upon, to use the wordsof the Message, "Whilst the law shall continue unaltered hy the same authority by which it was framed."

Unhappily for the country, however, the Ilouye of Assembly think, or at least sayg otherwise. Blinded by a sottish and brutal ignorance worthy of the darkest aji^es and raost barbarous people that ever iohubifed the face of theearth ; and goaded by an am- bition which can only bo satiated by the compleio and uncontrolcd possession of all the powers of government, this body denom- inating themselves a Legislative body, and the Representatives of a free and enlighten- ed people — contradict His Majesty, the law, and the Imperial Parliament, and contend that the control and appropriation of these jjrovincinl funds belong to them — and them alone ! To establish their unjustifiable posi- tion they have travelled over and over again all the rounds of the statue-book : they hfivo denied the plainest and clearest letter of the law ; they have rejected the most evident principles of the constitution : they have dis- torted facts : they hyve raked up the very kennels of oblivion for the remains of all those unnatural abortions which the stupidest of legislators — the most unprincipled of lawyers — or the most ignorant of polititirtns may have begotten in their wildest and mostfau- tastick reveries ; they have spurned the ad- 7

110

vice and rocommcijdjition of IVTajesty itself; thoy liavo tlisbelioved aiul discrodited tlio dosj)<»t('lies of tho iuiiiis<tcr ; tlicy liavo often and oftori insulted tho Kiii;;'s repicsoulativo wliilo (•omtTUlllioatin^ these despatches : they have resolved and voted — disputed and ivranj^led— ])rinted and published — brawled and brayed — howled and hissed — kicked and cuded, until at last they gained their real ob- ject by r.nsii)}^ such an uproar autl ferment in tile country, tiiat nothing can ever extinguish but the strongest and ujost decisive measures that can possibly bo executed iu a free and independent state. I'^.xternal appearances, must, Imwever. bo preserved a little longer ; and perceiving that UKitters were not tpjito ripe for the l)low which they llloditat^Hl, they j)ut olV the event till a more convenient sou- sou, ami in the tneantinio amused tho coun- try, the people, and the government with another mock apptnl to the throne, but tho <lecisiou of which they neither iniendotl to ackuowleilge nor obey. In proof of this wo have only to refer to their own resolutions in answer to the Message.

Tho present House of Assembly have a manner, as well as matter in all their pro- ceedings, that is peculiar to themselves. — They are men of mode as well as of action. The aufioni methoti of siting about business and performing their work they despise. — The "•march of inttlU'ct'" hns made extraor- dinary progress and wrought marvels amongst them. Innovations have been made on the most simple operations.

Ill

An axe for the future, must not be takea by the h«ii<ll<; hul by the edij^a of the weap- on itself. A sriw must bo ^^raspcfJ Ijy the steel, and the vvooci severed with the frHme. Eve- ry fashion?»hle tahle muHt he furnished with the shovel find tonp;« instead of knives and forks. The tail of every heau's coal must he worn upwards ; and every fashionable lady who h'ds any regard for her reputation, must wear rinpis on her toes instead of her fingers, and in her nose instead of her ears. Not less ridicidous, certainly, are the innovations al- ready introduced, and abf)ui to be introduced into tha procccfJioffs of our House of Assem- ly. VVIi?»iiever a member vvishos to carry a favourite measure, or to pass what he may conceive to be a most excellent law, ho has nolhitig to do but simply perform the necessa- ry oj>eration in his own mind on some given preceding night — write down his law or his resolutions — carry them in a corner of his pocket up to the Assembly — stand up bare- paied in hig |)lace— -read them— -and presto, the business isdonel 'J'he ears of the sage and patriotick gentleman is immediately and clamorously assailed by the "ot;is" — Anglice " yt.ah" — of almost every inrlividual in the liouse. it is quite unnecessary for the learn- c<l gentleman to give himself any trouble with preliminary explanation of the nature and object of his measure. The mere recit- al of his resolutions is quite enough. Men's minds are now more sensitive and penetrat- ing than before. They intuitively perceive an object without the old-fashioued aid of

112

any explanation or reasoning whatever.— Oratory has now become too old-fashioned a conjiDodity to bo thrown away in our pub- lick deliberative assemblies for nothing; and one short resolution is worth twenty long speeches. So no doubt, thought Mr. Neilson — at least, so he acted when, on the fifth of the present month of December, in the year of our Lord, 1828, he submitted his famous resolutions in reply to His Excellency's Mes- sage.

This gentleman, knowmg from long ana successful experience, the mute and passive disposition of his fellow-representatives, drew his resolutions from his pocket, aad with a confidence worthy of his knowledge, silently presented them to the house. Wrapping himself carelessly up in the mantle of what Mr. Stuart happily denominated a " prede- termined majority,'' he condescended merely to solicit the concurrence of the bouse as a matter of course .' It ought to be well ob- served and long remembered, that among the fifty individuals who constitute the House of Assembly of Lower Canada, there were only six who spoke on one of the most nionnen- tous questions that ever occurred in the de- liberations of a Colonial legislature ; this question beino; in reality, however, much it may be airerapted robe disguised — whether this province is longer to endure the legisla- tive supremacy of the Mother Country ? Three of those six, be it observed, were on either side of the debate. As to the rest, Ba- laam's Ass was a prince among orators— a

113

very Dcmostbeues, a Cicero, a Chatham, a Burke— in comparison with them ; for the honest brute spoke most rationally and to the question when knocked on the head, an experiment, which we are sure, might fre- quently be essayed to no purpose in the As- sembly. These silent gentlemen— these mute automatons— came thereto act, not to prate, to vote, not to speechify. It is not at all requisite that they should be well-inform- ed as to the proceedings of the house. They are sent there by three hundred thousand e- lectors who can neither read nor write ; and they are fully satisfied that one speaker or leader for every hundred thousand is a fair and just representation. What an excellent commentary on Mr. Huskisson's story of the Crosses to the petitions of grievances ! The truth is, and it is high time the truth should be known-"that there are not six members on the major side of the house who can dis- course for ten seconds with any rational por- tion of judgment on the simplest question of our constitutional laws ; and we Avill bet a rump and dozen, that there are not tivelve men in the whole house who can tell the dif- ference between a monarchical and deraocrat- ick government, or between the British con- stitution and that of the United States of A- merica ! Yet these are the individuals who, not only arrogating to themselves the wis- dom and discretion of an enlightened legisla- tive body, but the possession and control of all the executive powers of government, have reduced this province to a state of anarchy, 7*

114

and boldly persist, by their insane ignorance, in rejecting every measure calculated to res- tore the peace of the province and save the people from impending ruin. Let no man tell us that all this is mere declamation. We utterly scorn the mean alternative. Our ob- servations are founded on truth— self-evi- dent and undeniable truth ; and that they are so, we have only to refer to the senti- ments and opiuions set forth in the resolu- tions under consideration.

The first ofthese Resolutions states, ^^ that the House derived the greatest satisfaction from the gracious expression of His Majesty'' s be- neficent vieivs towards this province,'^ yet, as if sorry and ashamed that any complimentary expressions, even to their Sovereign, should have passed iheir lips, the majority of the house, in the second resoluiioo, hasten to de- clare that they have " Nevertheless observed with great concern, that it may be inferred from that part of the Message which relates to the ap- propriation of the revenue, that the pretension put forth at the commencement of the late Admin- istration, to the disposal of a large portion of the revenue of this province may be persisted in.^^

This is extraordinary language, both as to style and sentiment, to be held forth to a con- stitutional Sovereign, who has, and who can have, no other object, to use his own words, but the " Welfare of his faithful Canadian Subjects;" and whose present communica- tion to the legislature of this province is founded not only on the general constitution of the Empire, but on solemn acts both of

115

the Imperial and Provincial Parlifiments.— > The sZ/y/e, however, we pass over wiih that silent scorn and iniii{<nation hfeoniiu^ the loyal subjects of one oC the greatesr, and best of Sovereigns, thanking our stars, we have been reared in the conviction, that the stern- est of publick duties is not incompatible at once wit!t decent manners, and the language of sobriety and respect. As to the seutimet ts, having somewhat to say to them, and being convinced that the example of history is the best possible mode of instruction, if not of conviction also, we shrdl here enter into a brief historical detail of the Permanent Rev- enue of the province. By this means we hope to be able to say, with unerring certainty, oa which side the ^^ pretension'^ really and truly lies.

When Great Britain conquered Canada — plucked it from the tyrannical and despotick grasp of old France---rescued the Fathers of the House of Assembly fiom feudal bondage and slavery— and restored them to the free- dom and independence of the British Con- stitution, it was found thai certain duties im- posed upon the importation and exportation of merchandize were the principal means ex- isting for the support of the govermiifint of the coiony. These finances, which perhaps did not exceed seven or eight thousand pounds sterling per annum, were at ihe etitire dispo- sal and administration of the Intendant, au oiiicer in the French government who, by his commission, was authorized to exercise, fully and freely, all those powers of appropriation 7**

116

anJ control -which at present constitute the primary ambition of the Assemhly. The po^versofthe Intendant, indeed, were such as we should not like to see engrossed by ;iny one individual brr.nch of our government, free and mixed as it is. He not only enjoy- ed the right of collecting and disposing, but of levying and imposing it also in any man- ner most suitable to his wishes and inclina- tions, not to the circumstances and good-w ill of t).o People, who, until the conquest, w e,re consulered as mere military slaves and feudal tile tins, without a voice in the government or itluiince in the state. As soon as the defini- tive treaty of Paris bad been signed, the llrit- ish government appointed a " Receiver-Gen- eral, ami collector* of the royal patrimony rents, revenues, farms, taxes, tythes, duties, unports, profits and casualties, arising within the province of Quebec," with power to ' a})ply the monies which should come into his hands of the said duties and revenues in the ursij>lace for and towards defraying the necessary expense of Government, and the necessary charge of mnn;igiog the revenue under his care ; remitting home by good bills of exchange the surpluses of the monies which from time to time should remain in his hands after payment of those expenses, in order that the saiiie nnght be applied to the reimbursing the publick here, (in Great Brit-

■• Thomas Mills, Esq. was the first apf)oin- lod to this oHice, and his commission is dated the lOthof Julv, 17G5.

aio,) the monies that had been necessariiy a'vanced for that purpose, by reason that t.>o aforesaid duties and taxes had not been levied within the two years last past." In this way the above duties coniiuued to be levied, collected and appropriated or applied till the year 1774, when the celebrated act, 14th Geo. III. cap. 88., was passed by the Itiiperial PHrliament. This act is entituled *' An act to establish a fund towards further defraying the charges of the administration of justice, and support of the civil govevnment within tJie province of (Quebec in America.'''' — By This act all the duties which were imposed on floods imported into, or exported from, ibis province untler the authority of His Most Christian Majesty, were discontinued from and after the 5th day of April, 1775 ; and in lieu thereof the several rates and duties there- in mentioned, were ordered " to be raised, levied, collected, and paid unto His Majesty, his heirs and successors lor and upon the res- pective goods herein-after mentioned, w'bich shall be imported and brought into any part of the said province over and above all the other duties now payable in the said province by any act or acts of parliament," It was then enacted " That all the monies that shall arise by the said duties (except the necessa- ry charges of raising, collecting, levying, re- covering, answering, paying and accounting for the same) shall be paid by the collector of His Majesty s customs into the hands of His Majesty's Receiver-General in the said prov^ iucefor the time being, and shall be applied

118

ill tlio fust place iu makiiip; a nioro cci'taiii aiul ;i(Uu]uato provision low.irds tlclVayinp, tho expensos of tlio Civil Adniitiistratiou of Justice and of tho support of iho Civil (lov- erninout of tho said proviuco ; and that tho Lord Treasnror or Counnissiouers of llis Majosty's Treasury or any two or throe of theui for the time hoing, shall be, aud is or are iierchy iinpovvored from time to time hy any warrant or warrants under liis or their hand or hands to cause such money to be ap- . plied out of the said |)roiluce of tho said du- ties towards defraying tho said expenses ; and that the residue of the said duties shall remain aud he reserved iu the iiauds of tho said Kecoiver-General, for the future dispo- sition of Parliament."

J5y this law the Lords Commissiouors of His Majesty's Treasury hecame fully invest- ed with the uncontrolahle power of applying or appropriating tho duties imposed iu virtue of its euactmeuts towards deirayiug the ex- peuces of tho admioistratioQ of justice, aud of the support of the civil Covernmeut of the Trovinco, so far as the amount of these du- ties Kould admit of such appropriation.— But these Commissioners have always dele- gated their authority to the Governors of tho Province, all of whom, in tho execution of such authority, and iu obedience to the con- curriug commands aud instructions of His Majesty, have always appropriated the rev- enues iu question for the purposes described in the act itself, without beiug subjected to tho coutroul of any authority whatever iu the

119

Province. Indeed, until the passing of the (.'onsti'ulional act, in \7l'l, there existed no power or authority in the Province which liad the niiUt to call into question these ap- propriations ; and even then, as %vill present- ly he seen, ifio new conslitulional hodies cre- ated hy thai act neither arro^iated to thf:m- selves, as some of ihern have since done, nor received fVom Parliament any the srnal!t-st rij^htto interfere with the delegated powers of the Lords Conimissioncrs of the Treasury. In 1/9.5, however, four years after the pas- siii;^ of the Con.itilutional act, it was discov- ered, that the perrnaneni revenue created, as ahove, by the act of 1774, wa.-» inadequate to the purpofees for which it had been raised ; and the provincial legislature of that day not wishing like the present, that the arms of the government should he shortened, or any of their powers dissolved, pas^.ed an act of which this is the title :-— " An act for grant- ing to lli.j Majesty an additional and newdu- ties on cert&ia goods, wares, and merchan- dizes, and for approj;riating the same tow- ards further dff raying the charges of the ad- Uiinistr-itiou of Justice, and support of the civil governnricnt within this Province, 'ujd for other purposes therein mentioned." The sum con-iigued armually into the hand-, (»(^ His Majesty by this act, was/n/C thouaaiid pf/vnds stfirling; audits authors, imitating the words and intentions of its imperial prot jtypo of 1774, ordained, that *' th'O due application of all such moniespursuaut to the direcfions of this act, shall be accouatcd for to His Ma-

120

josty, liis lieirs, and successors, tlirough the jordtt commissioners of His Majesty's Treas- ury, in sucIj manner and form as His Majes*- ty, his heirs and successors shall direct."

It will hero be observed, that the Leg;isla- latnre of 1795, so far from claiminji; the " in- herent righV^ of appropriating the revenue created by the imperial act of 1774, added, by a free and voluntary enactment of their own, a considerable sum to it, to be applied and accounted for in the same manner as the orginal act of the Supremo Legislature : thus ---not tacitly, nor constructively, but openly and spontaneously— declaring their own in- capacity to interfere with the rights of their Sovereign. Is it possd.de to adduce stron- ger or more conclusive evidence of the ab- surdity and injustice of the claims of the present Assembly, than this abstinence from executive intervention on the part of their j)redecessors of 1795/ The assembly of that time were in possession of every legal and constitutional right that can possibly be kcnjoyed now ; and surely we cannot thin so meanly of them as to believe, that if they really possessed any authority over the Crown revenues, they were destitute of sidiicient courage to claim and exercise it. The act of 1771 was then as much in force as it is now ; and the provisions of the subsequent constitutional act of 1791, were then as ex- tensive and as well understood as they are now. His Majesty was therefore left in the peacea )!e enjoyment and disposal of his rev- enue, which he augmented still further by

121

the casual and territorial revenue of the Crown, and fines and forfeitures ; making together, as stated in the Message of the 29th of Novemher last, the sum of £38,100. This far, then, it is pretty clear, that the " preten- sion put forth to the disposal of a large por- tion of the revenue of this Province," was not the act of the *' late administration." Towards the year 1810, another spirit and more dangerous principles were infused into the House of Assembly hy the introductioa of new members, pretending to wiser heads and more courageous hearts than any of their predecessors. These gentlemen, instigated by along-cherished conviction that no barrier remained between them and the entire pos- session of all the powers of government, as ■well executive as legislative, except the right to control and apply ihe whole public revenue of the Province, prevailed upon the House of Assembly to make an offer to the King of " Ihe necessary sums for defraying the civil expenses of the government of this Prov- ince/^ This step having been taken ofa sud- den by a dark and intriguing majority of the Assembly, without any motion or suggestion of the Crown, or the concurrence of the Legislative Council, its unconstitutional as- pect was perceived by all men, whjie but few were able to penetrate into the ulterior and real objects of this majority. His Ex- cellency Sir James Henry Craig was one of these few ; and the answer of this stern but constitutional Governor to the Assembl3% ■when they approached him with their novel

, 122

offer, can never be sufficieatly admired. His Exceileocy firmly and candidly told them, that their offer was not constitutional, inas- much as the usage of the Imperial Parlia" ment forbade all steps on the part of the people towards grants of money which were not recommended by the Crown ; and that, although by the same parliamentary usage, all grants originated in the Lower House, yet they were ineffectual without the con- currence of the Upper House. For these reasons His Excellency conceived the ad- dress brought up by the Assembly to be un- precedented, IMPERFECT IN FORM, and being merely founded on the resolutions of that House, without the sanction or concurrence of the Legislative Council, must be ineffectu- al. His Excellency thought it right, how- ever, to apprize His Majesty of their present proceedings and offer, however imperfect in- form and unconstitutional in matter. Con- sidering the views of the Assembly, it may be easily imagined that this answer acted upon them some*ivhat similar to the effects of a first discovery upon the nocturnal delibera- tions of a band of assassins or resurrection- men. The plot was evidently discovered, and the first step taken towards its accom- plishment utterly destroyed. They thought the road to the sole and complete controul of the public revenue, and by consequence, to all the powers of government, entirely open. The guardian of the public welfare, who met them so sternly in the path and pushed them back to their original ground, was therefore,

123

and forever declared a public enemy ; and no wonder if the administration of Governor Craig was afterwards one of unprecedented aggression and turbulence on the part of the House of Assembly, Had the Assembly at this time imposed upon themselves the bur- then of any 6a/«:7Mce that might be necessary for the support of the civil government and administration of justice in aid of the per- manent funds cdready at the disposal of gov- ernment the oifer would have looked and sounded better, however unconstitutionally mcide ; and would have proved that the As- sembly both studied and understood the true interests of their country. But to have come thus up with an offer to defray the whole ex- penses of the government, in hope that Hjs Majesty and Parliament would at once fore- go their pre-existing rights and revenue, ex- hibited them in the character of the greatest asses and blockheads that everexisted. How- ever, that man must be either exceedingly simple and stupid, or exceedingly wicked and hypocritical, who never exhibits symptoms of mortified ambition ; and we accordingly find, that the leaders of the x'\ssembly have ever since become at once more openly loud and clamorously urgent in their demands, whether they relate to the finances of the Prov- ince, or other qaestious of constitutional gov- ernment. In the meantime, down till 1818, the permanent revenue continued to be ap- plied by the Crown as usual ; and the claims of the Assembly to that revenue continued anmooted for eight years loBger,duriBg which.

124

neither was any step takea by Govern meat to encourage their pretensions.

On the 7ih of January, 1818, the Legisla- ture met. Sir John Coape Sherbrooke, was Governor, In the opening Speech His Ex~ ceZ/fr^wc?/ informed the Assembly, that he was commanded to call upon them " to vote the sums necessary for the ordinary annual ex- penditure of the Province." When, in pur- suance of these commands, the estimates for the civil list were sent down to the Assem- bly, the purport of the word " necessary" here maJe use of, became more obvious. The estimates amounted to £73.646 8 9. From this sum, however, there were deduc- ted £33,383, being the average for the last three years of the amount ofthe funds already provided by law for the support of the ad- ministration ofjustice and the civil govern- ment. The balance of £40,263 8 9 was consequently left to be provided for by the Assembly. Ovserve that they were not cal- led upon to provide for the £73,646 8 9 the •whole and entire sum necessary for the civil list, but for the £40,263, 8 9; the difference being already provided for by acts ofthe Im- perial and Provincial Parliament, namely, the 14 Geo. III. cap. 83. and the P. S. 35 Geo. III. cap. 9. with neither of which the Assembly had now nothing to do, either di- rectly with themselves, or indirectly with the funds created in virtue of their authority. And to do the Assemblyjustice, they for once, at least, understood the matter in this light. Their vo(e on the occasion, though uncoasjti-

125

tutlonal in point of form, not having the con- currence of the Legislative Council, is a me- morable record of the fact. It states, " that the Kouse having taken into consideration His Excellency's recommendation on the subject of the expences of the Civil Govern- ment of this Province, for the year 1818, have voted a sura, not exceeding £40,263 8 9 currency, towards defraying the expence of the Civil Government of this Province, for the year 1818, exclusive of the sum ah-eady appropriated by law ; but that the peculiar circumstances which have prevented the House from receiving at an earlier moment the estimate of the civil list revenue and pub- lic accounts ; and the advanced state of the Session not admitting the passing of a bill of appropriation for the purpose, they pray His Kxcellency will be pleased to order, that the said sum, not exceeding £40,263 8 9 curren- cy, be taken out of the unappropriated monies which, are now, or hereafter may be in the hands of the Receiver General of this Pro- vince, for the purposes aforesaid ; and assur- ing His Excellency, that this House will make good the same at the next session of the Proviucial Parliament." The act passed next session to fulfil this engagement, directed the above supply " to be charged against the unappropriated monies in the hands of the Keceiver General of this Province, which may have been raised, levied and collected under and by virtue of any act or acts of tho Legislature of this Province."

This far tho House of Assembly acknow-

126

ledgetl aad recognized the provisions of the 14th and 35th of the King, above recited. Not only so, but the vote of 1818, and the cor- responding act of 1819, are to all intents and purposes a declaratory law upon this sub- ject; for that vote and that act clearly and explicitly acknowledge a fund " already ap- propriated by law, and expressly reaounce all right of interference with any monies in the hands of the Receiver General, except those raised, levied and collected under and by virtue of any act or acts of the Legislature of this Province." There being no change either in these laws, or in the general or con- stitutional circumstances of the Province, it appears, therefore, passing strange to every intelligent mind, upon what foundation ia common sense, equity, or justice, the House of Assembly have ever since been endeavour- ing to rear such a buge and shapeless fabrick of pretensions to the disposal and control of the entire funds of the Province without dis- tinction. Every honest man, who views the subject impartially, is amazed at such pro- ceedings ; and naturally concludes, that, as there appear no good or just grounds for such presumption, some bad and erring principles must inevitably be at work. " Nevertheless," from the year 1819, to the year 1829, the house of Assembly have never ceased nor slackened in their endeavours totally to throw aside the authority of the 14th Geo. III. cap. 88, and to invest themselves in the entire re- venue of the Province. That they have been resisted and obstructed In their seditious and

127

rebellious march — that they have been cor? responded with, argued with, and reasoned with, by every power in the state, from the King on the throne to the humble individual who now addresses them — alas the journals of the legislature and the press of the country bear ample evidence. Nor has this resistance been confined to certain periods or individu= als. The Duke of Richmond, who succeed- ed Sir John Coape Sherebrook, as Gover- nor, adhered to the principles laid down id the estimates of his predecessor; but his pre- tensions, though borne out by the Legislative Council, who very properly threw out aa infamously unconstitutional bill of supply sent up to them by the Assembly, failed ia receiving the concurrence and approbatioa of the Assembly. In the last speech of that excellent and high-minded nobleman to the Legislature, he plainly and candidly stated, *' It is with much concern I feel myself com- pelled to say, that I cannot express to you, Gentlemen of the Assembly, the same satis- faction, nor my approbatioa at the general result of your labours, (at the expense of so much valuable time) and of the public prin- ciples upon which they rest, as recorded ia your journals. You proceeded upon the documents which I laid before you, to vote a jiart of the sum required for the expenses of the year 1819 ; but the bill of appropriatioa which you passed was founded upon such principles, that it appears from the journals of the Upper House, to have been most con- stitutionally rejected." Was this, let us 8

here again ask, ^^ a ■prcfnision put forth ty the late Administration V

Wc uow approach tho '* commencement of the talc administration ; those of Mr. Monk and !Sir Peregrine Maitland being too short to admit of squabbles on the subject ofli- iiancc, though impossible to be so much so as not to admit oi' any topick of Legislative dif- ference. Lord Dolhcusie arrived in Canada in ]8'20, on the anniversary of the Battle of Waterloo! We are not superstitions— no, not wc ; but this was an event u hich no have always considered as ominous, if, in- deed, of bad, still of good. The great con- queror of Waterloo had arduous physical and scieniifitk duties to perform, lint he who attempts, like Lord Dalfiousie, to eradicate French ignorance, and conquer French prej- udice, will have a still more difficult task to execute. However, now that the two he- roes are once more tojjether, let us hope, they will between them, at least put an end to the legislative diiiereuces of this Province, if not 10 the whole dilliculties that surround us.

What the ''laie administration'" itself said, or did, or pretended, with respect to the pub- lic revenue oi this Province, we shall not re- fer to, but appeal directly to those supreme and acknowiciiged authorities in the state which all parties aflect to respect, however reluctant to obey. On the instructions and despatches furnished to Lord Dalhou^ie in IS'iO, and I8til, were founded all his meas- ures on the financial question. Whatever may have been the individual sentiments of

129

His Lordship on that subject — and we have reason to know that they were as soand as they were constitutional— f/te^ were not oh- truded on the legislature ; no communica- tion having been made to that body, especial- ly the House of Assembly, which was not the counterpart of instructions received frorti His Majesty's Imperial Government. Hfid the case been otherwise, and had his Lordship acted from no other construction of the con- stitution than his own, and obeyed no com- mands but the dictates of his own mind, he was exceedingly happy in the constant and unhesitating approbation of his Sovereign. As it was, his conduct could not be other- wise than approved of by the same source whence both his instructions and the whole basis of his public conduct emanated. The extent and importance of this approbation, we shall now consider.

The first intimation which reached the As- sembly of the real sentiments of the. Imperial Government on the subject of the financial disputes, was contained in a despatch from the Colonial Minister, Lord Bathurst, to the Lieut. Governor, Sir Francis Burton, dated the 23d November, 1824.* These despatch- es are accompanied by the official opinion of the law-officers of the crown, to whom were referred a report made by the Assembly uj-oa the provincial accounts," in which a ques- tion is raised as to the right of government

* Lord Dalhousie, was in England on leave of absence at this time.

ISO

to apply the proceeds of the revenue arising froTD the 14th Geo. III. cap. 88, as they have invariably been since the passing of the act, towards defraying the expenses of the ad- Mioistration of justice, and the support of the civil government of his Majesty, without the intervention of the Colonial Administra- tion ! His Majesty's Law-Officers, who were the present Lord Chancellor and At- torney General, then go on to state :

" Incompliance with your Lordship's re- quest, we have taken the same into our con- sideration, and beg leave to report for the in- formation of His Majesty, that by the 14tb Geo. III. cap. 88, tlve duties hereby imposed are substituted for the duties which existed at the time of the surrender of the Province to His Majesty's Arms, and are especially ap- 'propriated by the Parliament to defray the expenses of the Administration of Justice, and of the support of the Civil Government in the Province.

" This Act is not repealed by the 18th Geo. III. cap. 12, the preamble of which de- clares that Parliament will not impose any duty, &c. for the purpose of raising a reve- nue ; and the enacting part of which states, that from and after the passing of this act, the King and Parliament of Great Britain will not impose and accept only, &c. the whole of which is prospective, and does not, as we thmk, affect the provisions of the Act 14th Geo. III. cap. 88. It may be further ob- served, that if the 18tb Geo. HI. had repeal- ed the 14th Geo. III. the duties imposed by

131

the latter act must immediately have ceased; and the Act. 18th Geo. III. caonot affect the appropriation of the duties imposed by the 14th Geo. III. since the 18th Geo. III. is con- fined to duties thereafter to he imposed, and imposed also for purposes different from those which were contemplated by the Legislature in passiuiSf the 14th Geo. III. viz. the regula- tion of commerce alone.

" We are further of opinion, that the act 14tb Geo III. cap. 88, is not repealed or af- fected by the 31st Geo. III. cap. 31. It is clear that ii is not repealed ; in fact, as we observed, with respect to the 18th Geo. III. if the act had been repealed, the duties must immediately have ceased ; and as to the ap- propriation of the duties, or the control over them, nothing is said upon the subject either in the 46lh or 47th section, or in any other part of the Act 31st Geo. III. cap 31.'

" With respect to any inference to be drawn from what may have taken place in Canada, "within the last few years, as to these duties, it may be observed, that the duties having been imposed by Parliament at a time w hen it was competent to Parliament to impose them, they cannot be repealed, or the appro- priation of them in any degree varied, ex- cept by the same authority.

We have the honour, &c.

,„. ,. J. S. COPLEY,

tcjigneci) ^^^g WETHERELL."

Earl Bathurst, S^c. 8>fc. Colonial Department, Downing Street, 2Qt/i June, 1823.

8*

Nothing can be more distinct ami explicit than this. It is the highest legal authority in the nation; and when sanctioned by along course of practical operation of the law it- self, and the general opinion of sensible men, ought to be irresistible. Nor was it hid in a corner ; for upon the nneeting, in 1824, of that session of the Legislature in which the Lieutenant Governor presided. His Excel- lency gave verbal communication of it to the Speaker and many Members of the Assembly. But the Assembly were not to be driven from a position so long and tenaciously maintained by a mere declaration of the opiaion of the law oflicers of the crown. The interests of the Province, ihey said, were at stake ; and their own ideas, they thought, were fully adequate to the maintenance of those interests. In proceeding, therefore, during that session, to discuss a Bill of Supply, they entirely over- looked this communication, and passed a bill, founded on their old claim of exclusive right to the disposal of the permanent reve- nue of the crown, and calculated to raise th© greatest alarm among the friends of the con- stitution. How this bill passed the Legisla- tive Council we shall leave to bo explained by those who are better acquainted than our- selves with the intrigue by which the meas- ure was effected ; having no curiosity to pen- etrate into the sanctuary of state chicanery, especially when the results do not reflect credit on the public business of the country, la the despatch which accompanied this bill

to ED{?lan(l, the Lieut. Governor expressed Jiis " infinite satisfaction, that the differen- ces which had so long subsisted between the legislative bodies on financial matters, had been amicably settled," and " that the As- sembly had decidedly acknowledged the right of the crown to dispose of thie revenue arising out of the 14th Geo. III." It is very evi- dent, from the whole strain of this despatch, that the Lieut. Governor thought sincerely what he wrote. But upon perusing the bill, the Colonial Minister was of a very different opinion ; and in his long explanatory des- patch of the 4th of June, 182.5, to the Lieu- tenant Governor, and communicated by mes- sage to the Assembly by Lord Dalbousie, on the 14th March, 1826, the Minister says, — " / regret that it is not in my poiver to consider this arrangement as in any degree satisfactory. The special instructions which had been giv- en by His Majesty's command to the Govern- or General, in my despatches of the 11th of September, 1820, and 13tb September, 1821, had imposed upon him the necessity of re- fusing all arrangements that went in any de- gree to compromise the integrity of the rev- enue, known by the name of the permanent revenue ; audit appears to me, on a careful examination of the measures which have been adopted, that they are at variance with those specific and positive instructions. " The minister goes on to say, " the appropri- ation of the permanent revenue of the crown will always be laid by His Majesty's com-

] 3 ''J

maud boforo the Uoiise of Assembly, as a <locumiMit (or their iiiri)rmatioii, and for tho ,",0!ioral ro{:,uIatioii of their i»r()ceedings. They Avill therein soo vvliat services are aheady |>rovidod for by ihc crown, and what ix'niains; lo bo provided for by the Legislature, and they will be thus assin-ed, that the proceeds of the revenue of the crown, (whether nioro <)r loss, or from whatovor sources derived) will exclusively and invariably be applied under the (li.srrction of tho Jving's {j,overn- luent, for the benefit of the I'rovince." IJis Lordshi[) concludes thus-— " As tho bill is liiuited to one year, I shall not think it ne- cessary to reconmiond to His Majesty to disallow it, but conlino myself to insiructing his JMnjesty's re])resentativo in the Provinco of Lower (>anad;i, not to sanction any meas- ure of a similar nature." Again, " iras this a prt'tenson set forth at the coniinencemcnt of the late ailministration V

But this is not all— The Assembly and their friends out of doors, fmding by thesteru determination of Lord Oalhousie to al)i<le by the instructions thus and otherwise conveyed to him, got up petitions to the im])erial gov- ernment and parliament in aid of thoir pre- tensions. In a country, like Canada, where the bulk of tlio people are ignorant, unedu- cated, and credulous, this is an easy business on the part of their representatives, w'ho to secure belief, have only to state their own view of the subject, no matter however wild or improbable ; their constituents being gross- ly ignorant of the publick aJtlairs of thecoim-

135

try, except as represented to iljonri tfirough the distorted channel of ambitious and de- signing dcrifigo^ucs, who alone, from na- tional communion of language and manners, can secure any kind of access to the minds of the French Canadians. The petitions, Avhich may be said to be only the petitions of a party in the House of Assembly, were entrusted to three delegates, who proceeded to England, and laid them before the King and parliament. The English population of th« province, actuated by the proverbial con- fidence of Bkito>s in the integrity, wisdora and liberality of the Imperial parliament, and resting satisfied with the mere truth and justice of the cause which they espoused, be- ing that of the King's Representative, pro- ceeded no farther than a simple expression of their sentiments in addresses to that dis- tinguished nobleman ; approving generally of his conduct, but especially applauding his unswerving per=everance in resisting the pretensions of the Assembly. Matters were now at issue before the Imperial Parliament. Mr, Huskisson, whilst there slating the views of His Majesty's Ministers on the legislative difficulties existing in this province, and so- liciting a select committee lo take them into consideration, with respect to the question under discussion, explicitly stated, that the duties levied by the act of J 774, in lieu of the old French ones, were hryaa fide, the jjerma- ry-nt rtvfMUc. of the Crovm. lie then goes on to say :— " I believe there is no lawyer in this country, noriudeed any one in the least

136

acqufiinted with the relative situation of the parlies, who will deny, that as long as the Crown appropriates that revenue to the ad- ministration of justice in Canada, and to its civil government pursuant to the act of 1774 —as long as it fulfils all the conditions re- quired by good faith towards the Canadians, no one, 1 say will deny its right to prescribe the mode in which the revenue, consistently with that act, shall be expended. There is, I am sure, none who will not say that the pretensions of the Legislative body lo take the whole management of this money into its own hands, are neither founded in law nor practice." — There was not an individual ia the House of Commons who could contra- dict this. Nor did the Canada Committee, as it has been called, venture on opposite grounds, however much disposed, from party views, to side with the House of Assembly. The reportofthe Committee on this subject, is ia these words : — " From the opinion given by the law officers of the crown, your committee must conclude, that the right of appropriating the revenues arising from the act of 1774, is vested in the crown." And, founded on all these legal and legislative opinions, the late message to the House of Assembly distinctly declares, that ** His Majesty is not authorised lo place the revenue under the control of the Legislature of the Province.''^

More we will not, and need not say upon this subject. All we ask of the candid, the generous, and the unprejudiced, is, to peruse our narrative ; aad brief and incomplete as

137

il is, "we have no manner of hesitation to a- l)ide by their judjiment ; assuring ourselves they cannot do otherwise than say with us, that the '^pretension''' said in the Resohitions of the Assembly to have been ^^ put forth at the commencement of the late Administration,^^ was not the pretension, if pretension it may be called, of that administration, or any par- ticular period of that administration ; but of the Kin^, the Imperial Parliament, His Ma- jesty's Ministers, and of every Administration of this Province since the conquest !

It has, however, been asserted by the ad- vocates and partizans of the Assembly, that the house have never denied either the exis- tence of the 14th Geo. III., the interpretation put upon it, or the powers with which its enactments invest the Crown ; and that their > claims only extend to the appropriation and control of the whole revenue of the Province when a vote of supply is solicited by the Crown ; or, in other words, that when the Governor lays the accounts and estimates of the year before them for the purpose of ob- taining supply, they have the undoubted right ofsayiug, " we cannot vote a supply unless you permit us to appropriate the whole rev- enue ; for we find, that of the duties levied under the 14th Geo. III. you have been too lavish, and might have made a far more proportionable and economical use of these funds. You have taken too much to your- self; you have given too much to the Chief Justice and the other Judges : the salarv of

138

your Secretary is, by far, too high ; and, iu short, your Excellency has been much more liberal with the revenue at your disposal than the services of the public officers deserve. We can get the business done on a nouch lower scale ; and the less we give of the per- manent funds of the Crown, the less also it ■will be necessary to supply from our ow a funds."

With respect to the first part of this posi- tion which affects not to deny the existence of the 14th Geo. III. and the consequent right of the Crown to appropriate the funds created by that act, it is so far correct, that when in 1826, Lord Dalhousie laid the des- patches of the Colonial minister and the opinion of the Crown Lawyers before the x\s- seitibly, their committee reported, that they were '•'■not aware that the truth of these 'prop- ositions had ever been contested.^'' But the misfortune is, that all the votes and resolu- tions of the Assenably upon this subject have been mere cobwebs; manufactured to gratify the excited disappointment of the moraent,and anon to be broken through for the purpose of facilitating a more ambitious and important object. VVe have carefully perused all the recorded resolutions of the Assembly upon this subject, and here declare that we have not seen the report of any committee which does not contain less or more resolutions as- serting the non-existence of the J 4th Geo. IIL We could cite every one of these reso- lutions ; but it will be sufficient at pre!?ent to stats, that Mr. Cuvillier, the father of almost

139

all of them, strongly maintained, during the late debate, that this act did not exist. His words are important: "When the 14th Geo. III. was passed, the country was too poor to supply the deficiencies in the reve- nue ; and it is only a few years since it has risen to such a state as to be able to provide for its own wants. During that time it would have been absurd to repeal that stat- ute ; it was the only provision we had ; but he would contend it was virtually repealed* not only by the act of 1774, and the consti- tutional act, but by others." We shall not certainly place Mr. Cuvillier's opinion ia competition with that of the law-officers of the Crown, or any of the other authorities which we have already cited and detailed. As to the last postulatum with regard to the mode of voting the supplies, it will only be necessary to observe, that if, as we are cer- tain we have made out a case with respect to the existence and force of the 14th Geo. III., nothing could possibly he more absurd than the pretension to any powers, of what- ever nature, not authorised by the act itself; and nothing more at variacce with the prin- ciples of our constituti»n, than transferring the rights and prerogatives of the Ci-own to a popular and clamorous Assembly. In one word, if this act be still in force, let it be obeyed, and its dictates held sacred to their purposes : if it be in force, and is neverthe- less unconstitutional, let its formal repeal be prayed for at the proper bar in a legal and constitutional way ; and not by inference.

140

inuendo, misapplfcation, and forced con- struction, as has unfortunately been the prac- tice in this province for the last ten years.

As to a voie of supply this session, we have no hopes of it. How can we? The Mes- sage declares that the permanent revenue is by "Law placed at the disposal of the Crown ; but the Resolutions declare this to be a per- sisting in the " jpretensions^^ of the " late Ad- ministration,^^ and of consequence illegal ; and, ergo, a supply would be a legal sanc^ tion of jhis illegality. " What then, is to be done T" say a thousand tongues, and not a few publick officers. Nothing, our well-be- loved friends, but simply this : The Govern- or, by message— T%e Message— has already informed the Asseiiibly, that he has £38,100 at his disposal. If the government stand ia need of more, which it will unquestionably. His Excellency will call upon the Assembly for the balance-— say, thirty or forty thousand pounds. If the*Legislature vote this supply, without any questions as to the appropria- tion of the £38.100, good aud well ; and their doing so will be one good symptom of a turn- ing back to a sense of duty and constitution- al conduct. If not, the Governor must do as he best can, pay away his 38.100, ae far as it will go ; and then tell the poor unfortun- ate devils who call afterwards, that they are too late ; for that the House of Assembly have locked the door of the Treasury !

We now come to the Declaration of Inde- pendence—by far the most important ques- tion that can be agitated in a British Colony.

141

The Resolution involving this declaration, is couched thus :

" 5. Tiittt no interference of the British Legislature ivith the established Constitution and Laivs of this Province, excepting on such points as from the relation between the Mother Country and the Canadas can only be disposed of by the paramount awhority of the British Parliament, con in any way tend to the final ad- justment of any difficulties or misunderstand- ings which may exist in this Province, but rather to aggravate and perpetuate them.''''

The only good that can be said of this Res- olution, is, that although it was intended to assert a denial of the supreme legislative au- thority of the Mother Country in every re- spect,it had neither the courage to avow such revolutionary sentinrients in plain terms, nor tojoiu the hue and cry of the demagogues outof doors, who themselves fearlessly deny, and teach — -industriously teach— Xhe'w more peaceable neighbors also to deoy,lhe supreme legislative powers of the Imperial Parliament. It is, indeed, we are sorry to say it, only in an ignorant and illiterate colony, like Lower Canada, disturbed as it at present is, by an infamous and revolutionary faction, exposing by every step the rotten malignity of its men- tal barbarism, that such unworthy sentiments could for a moment be entertained. But we have ourselves alone to blame ; at least the British government will alone be responsi- ble, should the evil consequences of such sentiments ever come to maturity, which God forbid. We have no earthly desire to

142

tHirowoilitim olllior on irionor mliuHtors ; hut this uiiK'li wc iiiusl Hiiy — and say it hohlly — that if over ihrro (ixisrc<! (lultUck inoiiNiiroB cahnih-itud to instil iiii|)i'o))(;r uotiouti oi'coii- Mtiluiional ntithoiity into the luiuds of hu illiteralo propU) -indato them with luuhio notions of tiioir own national c«)ns(U|iH)nco--- iind>iio thoni with ido^js ofcontornpt of (ho au- thority and stahility of thu principles of tho British };ov(!rnineut-— an«l tnoholden them to deeds «d'irre|>ularity and vi(denco, they have been tlie ealioiiH, timid, viscillatinp,,vvaveiing, und unjiisliliahly conciliatory eondn(*t of («ieat liiiiain to\var<ls Lower Cantida ! We do not mince tlie matter. Trnth alone can olicit propriety uud principle in conduct ; and of the fact now stated, there is uniple evidence in every pa}»;e of the history of this I'royince. 'I'he eh^venth houi-, howevia-, has not yet arrived. In the mean lime let us hope?, that the anarchy vv Inch at present reigns in tliis Province will excite the more imme- diate attcnti(m of the Imperial (>overnmetit, and ultimately secure to us the tran<piillity, peace, ami pros|)erity which Cmistituto the inherent rights o( a British Population.

Hut how Ktaiuls the matter with respect to the legislative authority of tho Imperial Par- liament over the peo|)lo and Legislature of this Province, not it native cohuiy, hut a con- quered one? i'orourown pari, we think it most clear and certain, that this authority in omnipotent and unhounded, with the singlo exception of local taxation without mutro- polilaii rcprcscntution. Thisbccnis not only

143

to 1)0 a general inherent principle of the con- nection wliit'h sul)Hists betwcoii iho mother country and her Colonies, itn|>lyirig protec- tion and ohediencc, but the Uiclates of the declaratory act, <>tli (j!eo. HI., and the Con- Btitutional act of this Province. The first cx[)rcs8ly declarcH, "that the said colonies have heen, are, and ol'ri^^ht ou^ht to he, suh- ordiuato unto, and dependent on, the Impe- rial (y'rown and Parliament of CreatlJritain ; and that the King and l*arliament of Great IJiitain, had, hath, and of right ou{iht to have, full power and authority to make IaHWH and Siaiules of sullicient force to hind tho Colonies and Ilia Majesty's subjects in them, in all casts whatsoever. And it iw further de- clared, that all llesolutions, votofi, orders and ))roccedit)j^K in any of the «aid Colonies, whor( by tho power and autfLorilij of the Kin^, Lords and Commons of Great Britain, iu Tarliament assembled, is denied or drawn into (juestion, are, and are hereby declared to he, ulUrbf null and void to all intents and purposes whatsoever." No one will assert that this act has been repealed. ConHe(|uent- ly, the Kesolutifin above rehearsed, drawing the authority of the Imperial Parliament into question, is ispo facto, null and void. If, there- fore, tlic Asseml)ly wish to enforce and fol- h)vv it up, they have only to rally their parti- zans around them, and do so with knives and daggers at men's Throats. Our own consti- tutional act is no less explicit; and