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APRIL I8lh, 1836, A6AIN6T THE ADOPTION OF THE REPORT OF THE SELECT COMMITTEE ON THE SUBJECT OF THE DIFFERENCES BETWEEN HIS EXCELLENCY AND THE EXECUTIVE COUNCIL. T O R O N T O, U. C. i. H. LAWRENCE, PRINTER, aUAHDIAN OFFICE. MDCCCXXXVI. i^^ SPEECH, THE SOLICITOR GENERAL began by obaerving, that when this important subject was referred to a Select Committee, the house and the country had a right to expect that an able, statesman-hke and temperate report would have been made, containing intelhgible, If not convmcing arguments, and referring to authorities which would at least have the appearance of plausibility, il they were not found absolutely conclusive in favour of the views of its framers :--he regretted, however, to state that in these expectations the country at least, if not the house, would be completely disappointed. The dispassionate and intelligent reader of the voluminous document then lying on the table, would search in vain throughout its pages for dignity of sentiment, patriotic views, or calm, convincing argu- went illustrative of truth : while, as a literary production, it would be found to be beneath criticism,— and in its general style and Ian. guage, so marked with an utter disregard of all delicacy of feeling, and the ordinary courtesies of life, as to render it a disgrace to any legislative body that might sanction its promulgation. The speech of the Chairman of the Committee, which had been addressed to the house, was but a repetition of the leading statements contained in the Report, and like the Report itself, contained no one solid argument to sustain the new and most extraordinary interpretation of our Constitution which had suddenly broken in upon the minds of some of our self-styled reformers. It would not be surprising there- fore if, in the course of the remarks he should address to the house, he should not refer very frequently either to the Report or to the speech of the Chairman, as in fact his principal duty would be, to endeavour to supply information which had been altogether over, looked or disregarded by the advocates of the new theory. It appeared to him that the point to which the Committee should have turned their attention was the origin of Executive Councils in the Colonies—the duties originally assigned to them,— and the respon. sibility, if any, which attached to them as Councillors :— had this course been adopted by the Committee, they would have been greatly assisted in coming to a correct conclusion— and why they had not done so, he would not stop to enquire, but leave it to the public to conjecture motives, of which they could form as good an opinion as he could. Another advantage which would have resulted from this plan of investigation, had it been adopted, would have been, that the Committee would have informed themselves of the utter impossibility of the Lieutenant Governor's divesting himself of .o. 4 H'Kponsll.ilii), and limt bv llie Lb ':allv and disiiuctly njspunsibltj to the King awsand Constitution, he is emp} as the head of ilieE mptiuti. lohMcally; ai.d to ti... people of this Province, individually. uThiJ .nvato capaaty, for every act of his Government ; and 'that .he l.Aocut,ve Council are not, and cannot he made responsible to the people for any ul the.r a.-.s. Without further remark he (the Sol. t,en ) would proceed to show on what ground., and upon what au.ho- oonain.ngahis.oryoftheConstun.ions and forms of Government in the Coion.cs, but there were a few, and some of them givin-r a du rerJnH'" '•'^•^°""^?.^^''« Councils appointed by th. Crown.-tlTeir dut es and responsibilities, especially in the Colonies in America : cind in order to attract the attention of the House to the line of ar^u- nmd tlL";!' 1/" ''"'■'"'i; ''" ^''^^''^ ''^'"- "^<^'»l>ers would bear^in n md that ,t would eventually appear, that the Ivxecutive Council of I r per Canada, which it was contended was created bv, as well as Identified wi.h, the Constitution of the Province, (.s conferred bv the in rlT{ ;^ '''^! ""r^ ""' '■""^'""«''o« of a I'ody that had existed n Canada froni the first moment of an organized Government afier the Conquest, down to the period of the passing of that Act, which dmded the Province of Quebec into Upper and Lower Canada,- and which was precisely similar to those existing in the old Colonies c,';e'in%?r'T"r' T' ^'^ '''^^' '""^^- ''^' fi-t authority he ZuTd th . nffi.l'^'^? PK r'r' '''S^"'^'. ''''' "'«* °^ ^ gentleman who held l^s a Cninnv r'r"^"'!' p of Georgia, during the time that State was a Colony of Great Britain, and subsequently held hijih leaal :rthrs:irsfy:,^'^^'^"^'^^' '"'-^^ ^-^'-^ ^» »>^«'--^^ Pn«,j Omncl does to tke K.ng in Great Britain : in some cases the Governor can act wUlZl «.«., advoe and concurrence, and there are other cases in which .he Go en orTs reju^ dl fio„r " ;r """" "" ''""•"" ""= '"'"'' ■■'"'' '="'>'="rrence of his council"-" LZZ^. lions) every Oovcrnor and Commander in Chief should carefully attend to." " The Council sit as Judges in the Court of ErrorP or Court of Appeal " out the whole Colony. '-Stokk-s Constitutions of the British Colonies, pp. 239, 240. Thus we see the origin of Councils in the Colonies, and the duties assigned to them, and how completely the duties heretofore performed by the Council in this Province correspond with those imposed on the Councils in the old Colonies now^eparated S Great Britain, as well as those which remain appendages of th^ Empire In the old Colonies, they advised the Govefnor when required by the King's Instructions, they do so here ; in he old Colonies they constituted a Court of Appeal, by our Constitution that duty .s imposed upon them here ;-and in this Province, as in the other Colonies, their names appear as Justices in every Commission ? .O. 5 ^J^ d on the table by com.nand of Sir Francis Head, that thev contain tbe names of t.ie Councillors then existing in Upper Canada and prcscr^hc tfu.r duties. Those nis.ruciions^ind tilcse duties have undergone no change since that period. Goyerno: :jimcoe, the first Governor that came to tliis Province, brought svi.h liim the first instr.cioris that were designed to direcl the King sKepresent.tive, the Council, niul other Orilcers of the Government in their duties; and as they were in the adjoinin-r budd- ng, on record n. the hooks of the Council, it was som'what strange liat tne CorMinitlee did not e.vainine ihem. Thev would be found to .)e tne sain^ as those delivered to Sir Peregrine Maitland. In some of the old Colonies tlie Council was possessed of le-ris- la Uye power conjointly with the Governor, and son' etimes formed'an .nternediate l.-i.lutive branch between the Go..rnor a^:d an \s. sem.ly elected by the people :-of course, in all matters relating to he enactment of laws, the Governor could not a:;t independentrv of nf hillc""'"!' '''"'T '? ""Z^'" ''' '•^^Pe^^'-^J tl'C assenting to or refusing of bills. Lpon the death removal, or resignation of the Governor, the sen.or Councillor by the Iun^'^ Instructions and Id as n' MP '•*^^P«"-^',^''^ f" "'« ^'^I^'Josty only. ^They were appoint- ulv «i .' ^''""'' ''^"'' ^'"^' ""^ removed afhis pleasure; they advised his representative, when required, in secrecy ; their Lei us now consider tho orij/in and constiUitional powers of tho Lxecutive Councils in these Provinces : tlicy 'vill be found lo ba precisely similar to those already described. It would be recollected that Canada was obtained by conquest from the Crown of France in 1759, and that by the Treaty of Paris in 1763, If, together with other Territories in America, was finally ceded to Great Britain :— the form of Government in Canada between the years 1759 and 1763, was of course a purely military despotism, regulated by the terms of the capitulation. In the year 1763 the King issued his Proclamation, in which he declares, that the Ter- ritory in America, ceded by the Treaty of Paris, should be erected into /our separate Governments, viz : Quebec, comprising the whole of Canada; East Florida ; West Florida; and Grenada. For the purpose of shewing clearly the views of His Majesty with respect to the form of Government intended by him to be established in those Territories, it would be proper to refer to the Proclamation itself, which contains the following passage : — » And whereas it will greatly conirihute to the speedy settling our said new governments, that our loving subjects should be informed of our paternal care for the security of the liberty and properties of those who are and sliall become inhabitants thereof, we !inve thought fit to publish and declare by this our pronlamallon that we have, in the letters patent under our Great Seal of Great Britain, by which the said governments are constituted, given express power and direction 10 our Governors of our said Colonies respectively, that so soon as the slate and circumstances of the said Colonies will admit thereof, they shall, with the advice and consent of the inem- bew of our Council, summon and call general assemblies, within the said governments respec. lively, In such manner and form ns is used and directed in those Colonies and Provinces in America which are under our immediate government ; and we have also given power to the said Governors, with the consent of our said Councils and the Representatives of the people, so to be summoned as aforesaid, to make, constitute, and ordain laws, statutes, and ordinances, for the public peace, welfare, and good government of our said Colonies, and of the people and inha- bitants thereof as near as may be agreeable to the laws of England, and under such regulatlona and restrictions as are used in other Colonics; and in the mean time, and until such assembliet can be called as aforesaid, all persons inhabiting in, or resorting to our said Colonies, may confide lu our royal protection for the enjoyment of the benefit of our laws of our realm of England • for which purpose we have given power under our Great Seal to the Governors ol our said Colonies respectively, to erect and constitute, with the advice of our said Council respectively Courts of Judicatuie and public justice within our said Colonies, for the hearing and determining of causes, as well criminal as civil, according to law and equity, and as near as may be agree- able to the laws of England, with liberty lo all persons wl'o may thinit themselves aggrieved by the sentence of such Courts, in all civil causes, to appeal, under Uie usual limitations and leatrictions, to us in our Privy Council." Here then was the root from which sprung our present Constitution. In the above extract it will be observed, that in the Patent constituting the Government of Quebec, allcsion is made to " « Council," and that the Governor, with the advice of such Council, might summon and call a General Assembly, "in sucli manner and form as is used and directed in those Colonies and Provinces in America which are under our im- mediate government." Now it would ecarcely be contended that the Council thus created by the King, could be responsible to any other power than himself. There was not at that lime, nor for years afterwards, any representative body in the Colony; and it might be further remarked, that nuU an Assembly been convened in pursuance of the pgwer cpjitained in lh« I ' -<>■ 7 -i** Hi^M.fl '''■"'"«" ™ America." and ii doe. ,.ot ,pp„r Ih.t ,t w« however. w„ e,e, Sailed uU, .be .ml^; ,1^/7 ^e ,iroek,„.t ,' .I'd .learlvlrpj^y i^SlS e •loTnyTovferS'Ibe'i?^'' ?/"'"• :r'^^bfcSr:»e\r„dr;:,a^r"^,i«Mt'^= '"^'r eesemor the powers just mentioned TJiRt A,.rl7M ] ?,^°» *"'' P***" appoint a certain number of persons nsLeJ^fJ.fr"^'^-.^'' ^^^^^''^ "> appointed, should hold their offices foriiKiif/^^^^'L^^ *''«'' ordinances passed bv ihem T^^J.lJlli I *"'' °^'J»'"Pd that the laws and the King, should superS'allorrfn ° ^^ '^? Governor, on behalf of and ExSut.ve iCcT T /e gxe ^tTv^w^^^^ T^' ^^ '^« «°^""°' with; on the contrary, it continued to exiJ^n «*? ' '"'T'l^' ^°"« ''«'«y by an ordinance passed inX Tar ITsThv ,1.1 r''^'f'-^°'*'""' «"^ Governor, ,t was constituted a c'ouri of A nL ^^^ff'^'^^'ve Council and which ordinance is recoanVzed and lonllTf' ^^ '"^''^^ °'^ Colonies: 3l8t Goo. III. ch. 3l! sic I? LfZZ i ""'' Constitutional Act, visions of li.e importanract last m/n P^'^*^'"^ /° ^^"'"•"e the pro- whether the ExS e cS.c i of SbS ' h ', ""^\'' "'^" ^' ««k«<' 1791. could be said to be?esponsihle to^nJ Jf""'" the years 1774 and their official conduct? tSd bl .lir-M'hP^T"" '''""'''« K*"ff *"«' responsible to the people a"a .i?nl / ''^ ''^^""^, '° «^J' '^at it was the Government. C^G^vLora^S hp'"r '''^P^°P^« ''"d "« voice m appointed by the Kin^ the fXmm 1 r '^T''""^® C°""«'' ^*ere bot!, King, which\e cou Id^co tfnue o? onrP«"«"!;^' •*'' " ^"'^l "'"''^ 'y '^e there being no law or ZmLol Z^^^ ''^- ^''f 'T^^^ "Ppointed,^their duties were rSbvthpT'''' '^V, '^'■^''"^«- ^e'"? according to his sole decre. "ess JhSr. "f ^"'^ 'f'"""'^ or extended by ordmance; and when so , l^t^f "^ particular duties were imposed those of advisers orthe Kin ^V Lp senT«T "^ \t''^'''' distinct 7rom «eek for their res«o„s/ie75i ^o/t'l'fy''/'^- ^^'l^''^' ^hen, should we (Hear, hear.) If S 2to the ti? f ^' ""'^^ "° ^^'^^^ ^^^ f'^""*!- the Executive Councirwere «£ °rPfss'ng the Constitutional Act most important ques on to be IJ^^T''^^' '\'''f '^*"ff' ^^e next and Character was changed^lwhether fn tr Zl"' '"^''^'',f ^^ '^^' '''' '^^'^^ utive Council of this Ko.?«S" bv t 'rP p" "°''' ''"'^'''' " '^*« ^^««'- «{e peo;,/e, and not to t!rcZZln! i?k77h7VT ^^onsiUe to should go out of office unon a vL/ * Cabinet tn England Governor is boundZthJradviJl,T- ^"l ^««^««^v. and that the ^ny more than the ling is ft IZ act '" T '''P^r'tl' Ir *" «''"• for a principl3 so dan-.erous{o thp np,.; l^^ '"''? ''''"'^^3' contended of this Province, would search in vfin f!; ^'''^"«' ^"d good government conferred upon its inhabitants for th«nl^ «".PPort from the great Charter act recognizes a CounT-i ,n h Protection of their liberties. That Roya! Insrruclions to the G and tlie okI, nances of the Province of Qutibec. passed x^ 8 '«>^ overndr— ilio Act of 14th Geo. III. ch. 83-*- in virtue of the last - _ _ ._ ,.. ,^v- — w«, |'u»iL7v<« 111 « 1 1 1 ut; \n I no last nientn)ne(l act; tucli of wtiicli was specirically referred to in the Conati. lution.il Act; und Furliamenl ussuininir lint the King in the exercise of his riiyul prerogative would conlmue a Council which had previously existed, required of il, wiien created, certain specijied duties, but no where making It a Cabinet wlncli by its ailvicc was to govern tlie Province, and assume tlie power and rosponsibihty of the Crown.— rendering the King's Represent- atjvo a mere ci|)li jr, subject to its 'iotnmatioa and controiil. A principle so preposterous utj ihis, could no where be found in the Constitution, (ilear, hear.) Nothing could be more clear than that it never was intended that liie Council siiould liave greater powers than wer«} entrusted to it prior to Uie passing of the Constitutional Act; which powers were defined in the King's instructions, and in the laws and ordinances then in force in the Colony, passed in pursuance of the powers given by the 14th Geo. HI. By on ordinance of the I'rovmce of Quebec the Governor and Executive Qounc 1 were constituted a Court of Appeals, and were continued such by the 34th section of the Constitutional Act— and by another section the Governor was required to act with the advice of his Council in erecting parsonages an-i endowing them: these are the only duties specifically required of the Council ; all others depend r-n the will of the Sovereign. If. as is contended, it was meant that nothing could be constitutionally done without the advice of the Council, was it to be believed that so important a principle would have been left in doubt by the eminent States- men who framed the Constitution ? It was inconsistent with common sense to suppose they would have been so blind to their duty. [Hear, hear.] But 111 truth, there could be no doubt in the minds of dispassionate and intelligent men— the Constitution itself gave a plain and distinct negative to the assertion, that the Governor is it all times, and upon every public matter, to consult the Council. It would be admitted that no duty which a Governor has to exercise can be of greater importance than deciding on the Laws presented to him by the other branches of the Legislature for" the Royal assent; and it may be fairly argued, that if upon any one point more than another lie stands in need of the advice of a council, it must be in coming to a decision on questions which may involve the safety of the liberties and property of the people of the country ; notwithstanding this, however, he is not to be guided by the advice of his Council, but by the Royal Instncctioits. This was a provision of the Constitution itself, couched in the following plain and intelligible words : "Sec. XXX. .Ind be it further enacted btj the anthority aforesaid. That whenever any hill, wliicli lias beo.n pa.sse(l by the Lcgislaiive Council and by the House of Assembly in either of the said Provinces respeclivoly, sliall be pri'senlcd, for flis Majesty's assent, to the Governor or I.ieuienant Governor of such I'rovince, or to the person administering His Majesty's Govern- ment tlierein, sucli Governor or Lieutenant Governor, or person administering the Government, sliall, and he is lioreby authorized and required to declare, according to his discretion, but subject nevertheless to tlie provisions cortained in this act, and to auch instructions as may from time to time be pivcn in that behalf by His Majesty, his heirs or successors, that he afsents to such bill in llis Majesty's name, or that he withholds His Majesty's assent from such Wiil, or that he reserves such bill for the signification of His Majesty's pleasure thereon. This section of tho Constitutional Act was important for several reasons, but pnnr^pally because, in the first place, it at once overthrows the doc trine that the Governor is on all occasions to consult his Council, or act by Jt8 advice t and secondly, ns shewing that tho King's inetruclions from -M ttme to time given were recognized by Purliameut. and pmbodied in ihfl Lonstitutiori ;ia Ljihuing on the Govcrnnr. (Hear, hear.) The clause juhi quoted requiretl liie person ndininisienncr the government to assent to or reject biUa " according to his discretion," not by and with the advice of hi8 Louncil, but in coiiforinitv wiih the iiistrucliims he may •'from time to time receive from His Majostv. How absurd would it then be for a Governor, were he to apply to his Council in a doubtful case for advice, and acting upon if, assent to a bill contrary to the ordors contained in his instructions, which, by the express terms cUhe Constitution, were to be Ills guide. How would ho cvciiso himself by alleging that be acted upon ihe advice of hia Council, instead of his instructions? Where then must the responsibility rest] Upon hinisel,', of course; and it would be out of his power to rid iumself of it, and cast it upon another. (Hear, hear.) The Constitution having thus emphatically recognized the Royal Inetruc- lions, as binding upon the Governor, and forming a part as it were of the Uonstilution itself, it would bo proper again to refer to those Instructions for the purpose of placing before the house, in a clear and connected manner, the duties required by the Sovereign of the members of his Council when he appointed them to their office: the following were the words employed : " To the end that our said F.xccmlvfc Council may be assisting to you in all affairs relating to our service, you are to coininunicale to llicni sucli anil so ninny of tliese our ingtiuciiOM Kheron t/icir advice is mentioned to be requisite, and lilieivise all such others from tim* U tmi as you shall find convenient for our service to be imparted to them." Language could scarcely be more intelligible, or free from ambiguity, than was here einployee ; and let it be borne in mind, that these instructions were brought to this couiitry by Governor k'"^d*'' ^^'^° ^^^^ "'^^ *''^ bearer of the Constitution conferred upon this Provmce, and which he was charged to put in operation. They were moreover delivered to him after the Constitutional Act had passed the British Parliament, and by the same Statesmen who had conducted that measure to maturity. (Hear, hear!) If, thi:n, the measure now contended for was correct, those Statesmen were the first to attempt to violate the Constitution thev had framed, and Go- vernor Simcoe was selected and agreed to assist them in their de- sign ! There was soinething so wicked and preposterous in the mere mention of such a consj)iracy that the mind instantly repels it without further investigation. Tiie Councillors named iu the instructions containing the para- graphjuslquoted, were sworn into office in the presence of Governor bimcoe, and it would be too much for the most credulous to believe that such would have been ihe case if that able and excellent man believed that the duties of those Councillors were unconditionally circumscribed by the King, from whom he had just received his commission as the first Lieutenant-Governor of Upper Canada. And here he (the Sol-General) would pause on this branch of the subject, and calmly, but earnestly, entreat Hon. members to consider the question as he had attempted to present it to them. An attack ha.? been made npon the Lieutenant-Goveraor, of a most B ■« How then would they hold the Council responsible ^ To be aure ths late Councd havo said,-" We have laboured under much odium, and we wish to be allowed to tell tiie people that we are not guilty when any unpopular act takes place without our advice." Suppose' this were granted, would not common candour require that they should tell the I eople that they did not deserve the credit of a popular act Ifdone igainst their advice ? Where would be the obligation of their oath, if, contrary to it, they were thus to " respond to the people." Such a system of responsibility might have peculiar charms for some hon. gentlemen, but it was really beyond his comprehension to per. ceive Its propriety. J.ist look at the absurdity of the Council commu- nicating with the public whenever their advice was not acted on, and telling the people-" We are not tyrants, but the Governor is a des. pot. Sworn agitators ! (Hear, hear.) However fond of new thin<»s reformers might be, and wiiatever they might declare to the contrary, they did not they could not wish for sucii a state of things, if they really had the peace of the connfry at heart. (Hear, hear.) It had been argued that the Executive Council is here what the Cabinet is at home. x\ow this was just as absurd, and betraved the same ignorance of facts, as the declaration in the Report, that the Governor has power to dkclake wau ! The Executive Council strictly resembled the King's Privy Council, and it might be worth while to direct attention for a moment to that bodv, and its powers, borne hon. gentlemen seemed to imagine that the King consults the Privy Council on all occasions ; but in this they were entirely mia. taken. 1 he King could call on his Privy Council or any portion of lis members for advice whenever he pleased, and they were bound to give him their assistance whenever required of them, and that too whether they agreed with the general policy of the government or not. Ihe Privy Council, at present, was composed of a great num. ber of gentlemen of different political views, and the King could act with or without their advice. They were altogether differently con- 8 ituted from the Cabinet IVIinister^^ which last held their offices virtu, ally at the will ot the House of Commons ; but the changes of the Cabinet do not at all affect the Privy Council. The latter^ire bound by lljeir oath to give thoir advice in any case in which it may be asked, but His Majesty is not obhged to ask it ; but he may send for other p. .sons. It he pleases, aud consult them, and then act according to tlie best 01 his judgment. * During this discussion there had been various authorities quoted on the other side, and among others, that of Lord Stanley had been adduced ; now, ho was also willrng to refer to that able and honest nobleman s opinion, given when ho was a member of the Cabinet. rlZ' '^"' f """T ^'"""" "■" ""y*" " " ''"''V ""^'i"!? 'n 'I'" '""uro of tlie Privy Council In thii 1?1T !~ m"^ iho Governor, but not r,..pon.il.l« to him, and forming n Council agttin.t wl,o.e •pinion as wol as Will, it, he may nct-and subject also to tl>e coniroul of the Treasury her. M nudliing ana passing ilio account, of the Province, ,o f«r «, ,i,e jurisdiction of the Tr«s..u-r ««^. 13 «»> ■ So much for the opinion of Lord Stanley when a CHbinet Mini- ler, and when it became necessary for him to iiiforrnh^^Hn- r I con.itutional duties and powers if ti:eE;;::a;^To^' t ^"l^, scarcely be ound to favour the notion that the Exec S Coul w m TTu^'^ '". ''^' '''^"''''^ '-''^'' "'«" '" "'« Grown and far leV w u ostabhsh the opunon, that the Governor is bound bv the Con stitution to consult them on those affairs not snecifierl in fl.I V' . tutmn or the Kn.g's Instructions, except ^hen y^ety t i t pZ' and necessary to do so. He would ne.xt adduce thlt of th^Hon James S-uart, late Attorney General of Lower Canada, a ry emi* be.Ter.Ttl^C nn?ir' ^^'"^ '^n*''"' " " ^^""'^' '" h- opinl be oeiter it the Council were more frequently consnirffl •" l.„ i. atidirs. He (ihe Sol. General knew not how often the Executiv« Councilors were consulted on general afiairs; but he 1 new ta! when they were, they were bound to give their honest advice and the h harHir\fr;"7''r''','"^^"''"' '^' - t-'iecline olown: Councl Vf !•''•' '"'' "'!'' '"""^ '" "'^ «^^^i^« of his Priv? Council. It this were not the case, the Governor would be thi mere passive tool of his advisers, and, according t^^7h« ,J,^" against which he was contending, they, ,l,n Council,^u,st be eSlv Constitution of E.^^lndl'^ '^t-.h^S;!;: "^.f ^ EdX:!? of the hon member for Lenox and Addingto.i It was much to be amented that hon. gentlemen did not thmk, and examine bl fore Imt^h^i I ;"'° """^^ absurdities. It was still more emarkab e p;'^f3,tl;!s:t;;-;ot^:'s^ to the reference winch had been made to ,he administration „ Go' crnor S.mcoe, who had been eulogized as the b.st (ioverrmr ,hl; had ever been appointed to the Province. Ho (.he Sol Gen ) a, a ready as any other hon. gentleman to admit, that Generl Smicoe was a most excellent man ; and ho would bo the bust to dot lac from his well earned merits. When in En-land lilrlv hi v,f m granfied. and much nfteCed, on obserin;^ 1:^ l^ ^n n 1^ m . l!]^ which had been erected to the memory of that gallant oflker bv he gentlemen of Devonshire, in the Cathedral Ch rcl of Ex^.e.^ meme"d^:iKi '"'"'■"''" "" "'^^^"'"''^'^ i'-ription Id ^r .' lb! A^ devices commemorative of his valuable services durinjr But i^. r'" '^"^"'""""' «'"! ^vhilo Governor of Upper Canad? Bu could any per-sr>n prove that he had administered the Govern ment differently from his successor^ in the point which was 7*1 •«" 14 xs- day the subject of debate ? No, it was impossible. He would refer- hon. goritleineti to the Council books, and ask them whether Gov. «riior iSimroe consulted his Council on all affairs/ The result of sncli an examination would be fatal to the argument which hon'bh; genilemcn luul attempted to bring to bear upon Sir Francis Head. Look at the other public records of the Province. Governor Simcoe had assented to laws, summoned parliaments and dissolved them, issued proclamations dividing the Province into Districts, ^certainly one of the most important powers ever entrusted to a Governor); and all this without any mention being made of the advice of the Council. It was probable that he might have conversed on these subjects with his old friends and companions.in-arms, by whom ho was surrounded in this country, and the Councillors appointed ; but it could never be shown that the Council was to assist him on all occasions : the instructions delivered to him, as has been shown, made this unnecessary. The same observations would apply to the administration of General Hunter, Mr. Gore, and indeed every succeeding Governor. Yet it was now declared, in order to bring odium upon Sir Francis Head, and to induce him, by intimidation, to yield up to irresponsible advisers one of the most important prerogatives entrusted to him by his Sovereign, that he is, in this particular, taking a stand never before assumed by his predecessors. (Hear, hear.) But bold assertions could not, in this day, be passed off on the country as facts, and lion, gentlemen would find this to be the case before this question was settled. It had been contended, that Governor Simcoe said we had the very image and transcript of the British Constitution. Ho (the Sol. Gen.) would say we had more; (hear, hear;) even the Constitution itself, except such portions of it as we had refused to receive. Every part and parcel of the British Constitution that was necessary for the practical purposes of good government in this Province had been extended to it. The British Constitution, consisting of King, Lords, and Commons, each branch possessing its peculiar rights, powers and prerogatives, and the laws and institutions of the Empire, were not confined to Great Britain and Ireland, — their influence reached throughout all the widely extended dominions of the British Empire, and shed their protecting power and blessings to the remotest portion of the realms and possessions of our Sove- reign : and the people of Upper Canada are as much protected by that Constitution as if ihey lived in an English County, Nay, rnore, for the British Parliament had given up a portion of its legitimate powers, and imparled them to these Colonies. Thus the Provincial Legislature had power to make laws, without any interruption or interference on I', s part of Great Britain, except where such laws wo'ld militate against the general interests, or any c" the great constitutional principles, of the Empire. Such n check it would of course be necessary to preserve, so long as we reu)«iu a uoiony. ; ould refer - slhcr Gov- i result of ch lion'bio icis Head, lor Simcoe ved them, (certainly fovernor) ; 'ice of the 1 on these whom ho inted; but lim on all en shown, |)ply to the eed every iv to bring timidatioD, important is, in this idececsors. , be passed tind this to ^e had the (the Sol. /onstitution ;o receive, 1 necessary }vince had ig of King, liar rights, )ns of the and, — their 3minions of d blessings ' our Sove- rotccted by Nay, more, I legitimate ! Provincial rruption or I such laws "^ the great it would of I H Coioay. '■o^ 15 -^^^ Besides this, we are under the powtMluI protection of the British Crown; and were our rights to be infhnged by any nation or power on earth, the arm of mighty England would at once be raised for our defence, and to protect us from injury or insult. (Hear, hear ) Yes, he would ask, who provides fleets and armies for our protection ^ —who erects forts and constructs canals at an expense of millions for our benefit?— who gives protection to our trade, and exclusive privileges to our commerce?— who nurses and cherishes all our mslitutions until we sliall be able to manage and bear the expenses of thern ourselves? It was the Parent Stale ; it could not be denied that all these blessings flow from the practical working of the British Constitution, and that, so far as was compatible wiih our Colonial relation, we had the full benefit of that Constitution. In our local Legislature, we had the principles of King, Lords, and Commons, we haj trial by jury— the habeas corpus Act— and every other privilege esscniral to the protection of life and properly. It should r ["'■''i«^'■ecollecte.^, that we thus possess the laws and protection ot the British Government without its expenses; so tiiat it is true as bir I'rancis Head has asserted, that though we may not have the exact image and transcript of the British Constitution, the only point ot essential difference is as it respects its expensive arrangement and machinery. ° The first act of the Provincial Legislature, which in its constitu- tion resembles the Imperial Parliament, and is a sort of imperium in tmpeno, was to adopt all the English laws, except the Poor and Bankrupt laws ; the former happily being unnecessary in a country where honest industry will generally suffice to secure a competency of wealth and comfort. The Court of Chancery, and other impor. tant institutions of England, we can have whenever we wish to avail ourselves of them. Indeed, it was clear that this Province possessed the advantages of the British Constitution, with many additional blessings, without any of its burthens. He would now again pass to the question of the responsibility of the Oovernment. If, by that term, it was meant that the Lieutenant Governor should be responsible to every individual in thr. Province, he would prove that he is so. (Hear, hear.) Yes, and he would prove in the most satisfactory manner that the responsibility con- tended for by some hon. gentlemen is a mere shadow, a thing of nought, compared with that which really exists, according to the laws and constitution of this Province. As long ago as in the reign of William HI. it appeared that some 01 the Colonial Governors did not always conduct themselves with propriety, and an Act was passed which, as it was short, he would beg leave to rend : r.M ^f"-" ■ '!'"' ''"'"»'""«'" '» ""' Pfovidcd for several crimes and offcncos committed out .-Mz His IViajestjr s realm of England, wiiei.H.rjlvors Governors, I.icutennnt Urvernors, Deputy OorernoM, orCoiiiin«ndcrsln-cHlcf of planotions and colonies witbin Hie MajMty's domlniom •o» 16 "»' beynnd the ecas, have taken oclvantaije, and liave not been deterrsd from oppretting (lia Majeity'i •ulijpctg williin their respective govenuncms ami coinmaiids, nor from coiiiiniiiiiiB Bi-veral otifier great crimes and offences ; not deeininp tiicniselves punli-liable for the same here, nor accountable for such their crimes and offinccs to any person within their respective povernmenis and com- mands ; for remedy wliereof, he It enacted by the King's Most Excellent Majesty, by and with the advice and consent of tlie Lords gpij iiual and 'I'emporal, and Commons, in I'ariiainent assembled, and by the authority of the snnio, 'J'hat if any Governor, Lieiilenant Governor, Deputy Governor, or Cominander-in-chinf of any plantation or colony wilhin His Majesty's dominions beynnd the Bcas, shall after the first day of AuRust, one thousand seven hundred, be guilty of oppressing any of His Majesty's subjects beyond the seas, witliiu tlieir rispeciivc povernnients and commands, or shall be guilty of any other crime or oUcnce, contrary to the laws of this realm, or in force wilhin their respective governments or commands, such opjiressions, crimes, and ollences, shall he enquired of, heard and determined, in His Majesty's (Jourt of King's Bonch, herein England, or before such Commissioners, and in such county of this realm, as shall be assigned by His Majesty's Commis- sion, and by good and lawful men of the same county, and that such punishment shall be inflicted on such otlenders, as are usually infliciud for oU'ences of line nature committed liere in England." Let ii 1)C remembered, that the Act lie luid just read was passed when the present United Slates formed part of the British Empire, — when lliere were Lcgislalive btjdies in those colonics, similar to those in Upper Canada. IJiit if the Exi^ciitive Councils had been Cabinets, and responsible for the acts of the (Jovernors, why was Biich a law passed / It would have been the hei give thcin up, unci tlierdoro wo must part on good tcrn.s." Had de'mned'' "*'^' " ^""''■^^■''^^'' >'« «0">'l ''ave been justly con. It had been stated by the bon. mombcr for Lenox and Addin^ton bat the Lxccutive Cou.icil were willing to withdraw the paper U.ey had addressed to II.h Excellency when they discovered the difficul t.es .t was l.kely to lead to ; and that it was proposed to erase it from the Council books, and that the Clerks of the Executive Coun. cil had been sworn to secrecy on the subject. All that he could say was, tha If this statement was true, it involved very serious char.res against these gent^men : in the first place, he knew of no authority under which the Councillors could administer such an oath to thu Clerks, and if no such authority existed, then the oath was an ille^rol and a profane oath ; and in tlie second instance, the proposal to erase from the records of the Council the document they had so delibe- rately signed, if made as asserted by the hon. member, (which he was bound to discredit) was most reprehensible: ant' he must say r i w^'r "" '• """P^'f ' '"""^ '"^'^'^ '« "'« Excellency, and he had not forthwith dismissed those who made it from office, he would not have performed his duty ; unless indeed they had been convinced of their error of judgment, and on that account wished to retract their opin- ions, lo continue them as Councillors, they retaining the opinions Ihey had expressed in opposition to the Governor would have been objectionable mdeed. Suppose by way of illustration, that two or three Clergymen should write an elaborate document to their Bishon declaring their disbelief of the great truths of Christianity, and stat- l'l!^ l,^"'D''f''"^'/''','\'''"S 'hereby to convert him to their views, and hat the Bishop should reply at length to their ojections, and inform them if they persisted in their opinions they must be suspended, as he could not labour in connexion with persons holding such sentiments • suppose that when they see they are in consequence likely to lose their livings and be expelled tht Church, they should request per- mission to recall their declaration, at the same time retaining their opinions. What would be the duty of their Bishop ? Evidently to say, " No, gentlemen, it will not be sufficient that you withdraw the testimony of your guilt, you must retract your opinions, you must declare that they were wrong, and that you no longer retain them, before 1 can consent to continue you in your sacred office." Now the affair with the Council was precisely similar. If thfl gentlemen were not convinced by the able, plain and kind reply of His Excel lency, they were bound in honour to retire, even if not reouested to do so. He had too higli an opinion of the honourable feelings of those gentlemen to believe that they had proposed to withdraw Their paper and continue in office, retaining the opinions they had avowed and he was astonished that sucli an assertif n should be made If true, nothing ,n his opinion, could more fully prove their unfitness for the coPhdential and honourable situation of Executive Councillors than that Wiey were capable of making su.h a proposal. «5" i>l «-^ A great deal had been sard about His ^:.^cfH(.^^^ baviiiT jrarblod ti.e documents sent to tbo Council. It ap,,earo.l that, tl.rou.rh a clerical error, the word "these" had been o„,iuod, and onihi^ ground H,s Excellency .s charged with a la.xity of moral principle lo say nothmg of the unjustifiable grossness of this char-'c it was really astonishing that hon. gcnllcmon could not discover 'that if Ills hxcellency had designed to garble his extracts, it would have been as easy a matter for him to have done so the second time as the hrst, and thus not have exposed himself. Such accusations were no credit to those who made them. Such charges mi-rht with much stronger semblance of truth, be brought against the "au! thors of the Report under discussion. A most laboured eflurt had been put forth by the Committee to impeach the character of His t-xcellency m reference to the arrangement which i.ad been made between two of the Councillors cuncernin^-r the administration of the gnvernment in case of the death of His Excellency As it respected the arrangement itself, it was altogether unnecessary. It appeared to have been made under the impression that the senior councillor must otherwise become the administrator of the eovern ment in the case supposed. Kut that was a mistake. When Mr" bmith was sworn into ofiice there were two older Councillors tharl hinriself, Mr. Baby and Chief Justice Powell ; neither of whom was forbidderi by the Constitution to administer the Government Hut no man is obliged to assume the oflice. He would now slate the lacts ot this case, and leave every nonest mind to iud-re whetl.Pr there was any foundation for the abuse which had been heaped upon His Ex. ellency. One of the Councillors, before iheu were TZT '-^r'^l^' /''"l ^' remembered)-sugge9ted that, in case u 1^ f ^"^f '^"^y s Jeath, the administration of the government should devolve on the hon. Mr. AILn. To this Mr. Sullivan readX assented, being anxious to be free from so great responsibility. And to place his wish beyond doubt, it was suggested by Mr Sul •van that a writing should be drawn and signed by him, declaring that, in the event of the Government devolving on a Councillor he would resign and make way for Mr. Allan. This conversation took place in presence of His Excellency, who was requested to draw an instrument to that effect. He did so, and it was signed bv Mr. Sullivan ; and Mr. Allan received it, a.id their the matter rested. It was no official document,— it was not done in Council nor was any record made of it. It was a private arrangement between two gentlemen, with respect to which the Lieutenant Gover nor was perfectly indifferent. [Hear, hear !] Now, what does the Report state ? It states that when His Excellency was addressed bv the House for information, he intimated-(mark the expression )-- he mtimated that he knew of no such agreement, and that in fact no document of such a nature exisledr Now, this was plainly a misrepresentation. His Excetiency intimated no such thing • and to pfove this. It Will be most satisfactory to read the answer His r^ 22 'O' T^xrrllonfv ilitl pive to tlie Address of the House for information on this suhjecf. It is us follows : — "Gkntlsmen— I herewltli •ransmli ag much of the Inforniaiion desired by ihe Hoiue nii 1 t)OSBe!ffl. ■' I have ciilered into no bund igroement. of any sort, with niy present E.ieciillve Council, uiid I do nut pupsesa, nor does them exist in Council, any document of such a nature, between tivo or more of the said Council." This answer was in the possession of the committee at the time they made the unfounded assertion contained in their Report. Any man of inge- nious disposition — any man who was not desirous of perverting the truth, would have at niice seen that His Excellency, merely wislied to'inforrr. the House, that njjlctally ho had no controul ov^r any document such as was referred to, but thai he by no means intended to convey the idea, thai " no docnincnt of such a nature existed ;" on the contrary, he very plainly intj. mated the reverse, and to prove that he had no objuction to its beini^ made public, and that he was ready to assist in its disclosure, he permitted Mr. Sullivan to appear bt-fore the Committee and state every thing he knew respecting the matter. Had His Excellsncy desired concealme'iit lie could have prevented this : and the Committee would then have been left without this new topic, upon which to assail the Lieutenant Governor. But, as an honest man, he had no desire to conceal truth— all he asked, was, that the truth should be plainly told, and no false interpretations placed upon it. Much stress was laid upon Mr. Sullivan having expressed an unwillingness at first to state who drew up the ducument. But why was he unwilfmgl Undoubtedly, because he suspected the dishonourable use that would be made by the Committee of that information. (Hear, bear.) But it would be a mere waste of f; ne for hinn to attempt further to show how utterly impossible it was for any impufalions to be fairly cast upon the character of His Excellency with regard to that transaction. What ho had said had not been for the eake of convincing the Committee, or those who were already determined to sustrin the Report, and all the slanders contained in it ; but to show to the country the real nature of a transaction which had been so shamefully misrepresented, for party purposes, f Hear.) He had detained the house a long time, but he hoped that the vast importance of the subject would form for him a suflScient apology. He had felt a deep and thrilling interest in the question before the house, and although he had no doubt as to the course which the majority would pursue, and that it would be of no avail for him to argue against the decision which had been already determined on, yet that regard which every patri- otic man must feel for the prosperity of the country in which the inte'rests of himself and his posterity are at stake, rendered it in;/^ysi' le thit he should say less than he had. The stibject was an exciting ore, bt?i he. ha J endes voured to confine himself to a deliberate con8iderr..,o ■ ;'(u «:; ; discussion of its true principles and merits, and of (hose pkoaii.ieut fertlures of (he Report which, from their connexion with the main question, seemed to possess some importance. He hoped that he had accomplished what he proposed at the commencement of his observations. He had noticed the origin of tha Executive Councils—he had pointed out (heir legitimate junctions, at.-f how far their existence was identified with the Constitution. t? had shown the real responsibility of C( lonial Government; and had \m^ a it -vi'ious (hat the system advocated by the late Council, and in (he ' r • il indeed it might be called a system, would completely remove (hat > "^lu isibility fro / 'vhcre alone it could safely rest, and would introduce iv. -(s stead a m rely idea! responsibility, subver'inuj !h?. best interests of ibe country, and annihilating in it every vestige of British rule. (Hear, tr> w«h 23 -^ hear.) And now he would close his remarks by expr^ssi.ig his deep reerel that men should be lound occupying (he important nn mvHate the prerogatives of his Soverdgn. and the indefeasibia r.^ijls of the people, (hear hear;) whose most ardent desire wap, to carry out m all their extent the benevolent designs „f one of the most indulgent and pa none Kings that ever wore the Brilish Crown, (h^ar, hear ;) and who still would persevere in accomplishing the imporlnnt work entrusted to hirn, amidst al. the obstacles which might be thrown in his way. (Hear, tf.""^ f .1!'; ?"u '"'? f^^ ''"I'viilual against whom all the vituperative lan- guage of that aboureJ teport was directed ;-si,ch was the individual who. It might be almost said, trnmcdiaiely on his arrival, i. accused . ( ciimes and offences which, ,f true, ought not only to depose him from hi, exalted ?S«!: ^"'°"-f*' ;°'- «■■";'; to cl"-"^ against him the door of civilize.i .ocietv. (Hear, hear.) He would not give that man credit for much strength of undeV- flli"^i "^>"'«'y °f principle, or goo.lness of heart, wluf would not decide that there was some other object kept in view, by Ihe frame . and nZZ"' °f T ^?''''' 1''? "'■"^ Tr''S''"°" "f constitutional pm. ip es .tef «. *''^"'™ »"J 'l.'g"'l'«^d "«"g»«ge of virtuous pafriotisn ' Lut that of an unworthy and factious attempt to embarrass the administraror of the Government. That would be Iractd by every candid man in a mo.I every pangraph, and it would produce in the^coun'Jy a ve y lU JSr nt Sc from that which the supporters of it appeared to anticipa(e.-(Hear hear.) He supposed that hon. members were resolved however to trv the experiment. Well, let them do so. They had of courseToTer't 8t% the supplies necessary for carrying on the Government in an advantagecM* !? wTV r^S '^"' r' ^r'^r ^'r'' '••"■" ^^'''«'' "^^S" ^-«* delved fan it was for the people to decide whether it was /or the peace welfare and good government of the Province that the Courts ojKceshoub;?™. peded in heir imporlant procee Jings,-that the public r .ees should be simt up. and that the industrious farmer and mechanic should suffer from he suspension of all internal improvement. Yet such every hon. member knew must be the inevitable result of stopping , he supplies!^ ..„^ u .?" "°'V"^'"«".J'"S all the evils that would result from it, would undoubtedly be done ; and then efforts would be made to persuade th^ couT- &uSi n ""'? '^°"' n"™ f IT"^ ^°' "'^'^ ''Sh(9 and interests. ( Hear/hear) r^ill P-^'^Ple would no believe it ; there was too much intell gence in the ^n rln°J Tf ' "''*=^P"°? '« ^' P'^c'ised upon its inhabitants.^ There was 2n.S ?^ f possessed the power and the advantages which had been entrusted and granted to Upper Canada, for the benefit of those patriotic men who were among its first inhabitants, and who risked their lileS sacrificed their property, in defence of British principle*; yes many of them had fought and bled for the sake of the privilege, .^hfch theyfhea enjoyed under merely chartered government?.' But the Brhish Govern- ment, with that nobleness by which^t has ever been distingSed gener- ously decreed a reward to their loyalty by increasing and gr!ay extend" ne irnrS'^'',-."? '''^d previously enjoyed, and conferred upL Sfs To J^^^^'A^.'i^""*!*'']'' .''".^''^•^'' '». "»1"'? ?bj«ct of Ihe Report undSr consIdelS- S!o.. ... ,„^v,, i ^nd ursiroy unoer the lalse pretence supportine it. f Hear hear.] Yes, the object could not be concealed, a.. hJ couSt^ry will pro-* xs" 24 "5« nounce an equitable sentence on its authors and abettors. The powers enlt'usled to the Colonial Lngislwture were never intended lo be exercised' in the nnanner now contemplated. It never was supposed that an effort would be made lo withhold the necessary supplies lor carrying on the Government, because o( a diflference nf opinion h;iving arisen between the Governor and the majoiily ot the House on a constitutional question ;— and on a question which the Imperinl Governraent alone could dfcide. What was the meaning of puch a step ? It was saying most distinctly, not to the Governor, far he h^d not power to grant what was demanded of him, but to the King, " Unless this question be decided according to our dictation we will reluse to co-operate with the Government, we will array ourselves against the constitutional powers of the King's representative, or in other words, against the King himself." ("Hear, hear.) Such was the language spoken by the measure, and although it might be denied, it could not be disproved. A certain s)slem is laid down by rur Reformers in the Assem- bly, and It is designated responsible government ;— it is asserted that it \h the system acknowledged by the constitution, and the Governor is required lo act upon it. He dissents, and slates that he cannot view the constitu- tion in that light, and therefore cannot, in accordance with his oath, administer the government on such principles; but he points to the imperial government as the only tribunal competent to award a decision, and to that decision he declaies himself willing respectfully to bow. Why then does not the House wait for that decision 1 If hon. members were wil- ling to abide by it, and lo uphold the Constitution as it exists, why stop the Supplies? Such a stej) is evidently an attempt to intimidate (he Govern- ment, and it loudly declares to the King, "you must either (decide that our construction of the constitution is right, or you must make such changes ns will accord with the system we have demanded ; and if you will not, we will not be governed by you." [Hear, hear.] Suppose the Govern- ment should decide that that system cannot be established without destroy- ing all colonial dependency, what then must be done i* The answer was obvious :- but there were more than 160,000 men. loyal and (rue, withic Ibis province, who would never consent to have the authority of the Sove- reign trampled under foot ; and never, without their concurrence, could the moral power of the Government be put down. [Hear, hear.] If the refusing to vote the Supplies would not open the eyes of the people, they would deserve to be slaves ;~not the slaves o*' the British Monarch, for such a relation could not exist within the boundaries of his Empire,— (bear, hear,) —but the slaves of the present majority of the House of Assembly, whose eager grasping after uncontrolled power sufficiently proved how utterly disqualified they were for possessing it. [Hear, hear,] He was but an hum- ble individual, and stood in a minority in that House ; but, of that minority he was proud on the present occasion,— and ho fell assured (he cause he and his estimable friends were now advocating would be found to be the cause of the people, and that he was expressing the views of those who constituted the worth, and the inl.slligence, and the patriotism of the country. Whatever might be the result of that evening's discussion, and he had no expeclation but that the Report would be adopted, it would afford him unmixed salislac'ion to the latest period of his life, that he, and his respected triends around him, had lifted up their voices, and recorded their votes, against a measure so fraught with most disastrous consequences (o the Pro- vince, and 80 directly at variance with every principle which ought to find a lodgment in a Lrilon's hnnrt, (Tho hon. and learned gentTeman resumed his scat amidst loul cheers from tho crowded galleries, and the space btilow the bar.) Phe ponrers exercised ' lat an effort Ing on the tetween the tion ;— and de. What , not to the )f bin), but ir dictation y ourselves or in other e language )uld not be ihe Assem- id that it in is required le constitu- I his oath, lie imperial m, and lo Why then were wil- hy stop the e Govern- lecide that ch changes )U will nut, le Govern- ut destroy- inswer was ue, withic the Sove- , could the he refusing •ley would for such a ear, hear,) biy, whose jw utterly jt an huna- tt minority e cause he und lo be those frho le country, he had no afford him I respected leir votes, (he Pro- 1 ought to ■8, and the