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 LOWER CANADA. 
 
 UBLIC DOCUMEN 
 
 
 RELATING TO 
 
 LORD.AYLMER-S ADMINISTRATION 
 
 Op THE 
 
 GOVERNMENT 
 
 Bibliothegue, | 
 
 Le Semimirsi;-3&' Qu6becJ 
 
 - op ■' 
 
 3, rv-c c j i Uaiversite, 
 LOWER CANADA. 
 
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On the 4th of June, 1836, a Petition, of which 
 the following is a copy, was presented to the 
 House of Commons by Viscount Ebrington, 
 on behalf of Lord Aylmer : 
 
 TO THE HONORABLE HOUSE OF COMMONS. 
 
 The Petition of the undersigned hum- 
 bly sheweth : 
 
 That in the year 1834, (your Petitioner 
 being at that time Governor in Chief, and 
 Commander of the Forces in His Majesty's 
 Possessions in North America,) the House of 
 Assembly of Lr wer Canada, in a Petition 
 addressed to your Honorable House, preferred 
 various complaints against the conduct of your 
 Petitioner in his administration of the govern- 
 ment of that Province ; and demanded of your 
 Honorable House to prefer, and to sustain 
 Articles of Impeachment against him before 
 the House of Lords, founded on the said 
 Complaints ; and that the said House of As- 
 
IV 
 
 sembly subsequently renewed their aforesaid 
 Complaints, and added others in a second Pe- 
 tition presented to your Honorable House during; 
 the last session of the Imperial Parliament ; 
 and that no opportunity of meeting the Com- 
 plaints contained in the aforesaid Petitions of 
 the House of Assembly of Lower Canada, by 
 any counter statement on his behalf, has ever 
 been afforded to your Petitioner, so that the 
 Comp^amts of the House of Assembly against 
 your Petitioner, remain to this day unanswered 
 before your Honorable House, to the preju- 
 dice of his character as a public officer. 
 
 Your Petitioner therefore prays that 
 your Honorable Housewill be pleased 
 to afford him such relief in the pre- 
 mises as your Honorable House in 
 its wisdom and justice may see fit ; 
 and he further prays your Honorable 
 House to believe that he has nothing 
 more at heart than that every act 
 of his administration of the govern- 
 ment of Lower Canada, should un- 
 dergo the strictest, and the most 
 searching investigation. 
 
 (signed) Aylmer, 
 
 Lieut. General. 
 
foresaid 
 md Pe- 
 e during 
 iament ; 
 e Com- 
 tions of 
 ada, by 
 as ever 
 tiat the 
 against 
 swered 
 preju- 
 
 s that 
 ►leased 
 le pre- 
 •use in 
 3e fit; 
 orable 
 3thing 
 ry act 
 )vern- 
 d un- 
 most 
 
 al. 
 
 In the report of the debates in the House of 
 Commons, on the 28th of June, 1835, con- 
 tamed m the Times newspaper of the 29th of 
 June, the following conversation is stated to 
 nave taken place : 
 
 " Mr. Roebuck hoped that the honorable 
 baronet (Sir George Grey) would not object 
 to the production of the despatches of Lord 
 Aylmer, relating to the Assembly of Lower 
 Canada, and also to the production of the 
 fourth report made by the committee of that 
 Assemb^ in regard to Lord Aylmer's conduct. 
 " bir George Grey said, there was no objec- 
 tion to the production of Lord Aylmer's des- 
 patches for which his noble friend, the member 
 for Devonshire, intended to move that evening 
 From the moment that charges were made 
 agamst him. Lord Aylmer had courted inves- 
 tigation; and he had expressed a wish at an 
 early period of the session that his despatches 
 should be produced. The government, how- 
 ever, .^hen thought it might be inconvenient to 
 produce them until the discussion on the 
 motion of the honorable member for Bath was 
 over. Ihere was now no objection to their 
 production, and Lord Aylmer was most anxious 
 that they should be laid before the house 
 
VI 
 
 With regard to the report of the committee of 
 the Assembly of Lower Canada, it was no 
 doubt a public document, and if pressed for 
 Its production, he did not feel that he should 
 have any grounds for refusing it. He trusted 
 however, that the honorable member would 
 not press for it, as the production of it would 
 only tend to perpetuate a dispute between the 
 late governor of the colony and the House of 
 Assembly, that he (Sir George Grey) was in 
 hopes was fast dying away." 
 
 It further appears by the same report in the 
 Times newspaper of the 29th of June, of the 
 debates of the House of Commons on the pre- 
 ceding evening, that at a subsequent period of 
 the sitting. Lord Ebrington made a motion 
 which was acceded to without debate, for the 
 production of Lord Aylmer's despatches of the 
 5th of March, 1834, addressed to the Right 
 Honorable Edward Stanley ; and of the 18th 
 of March, 1835, addressed to the Earl of 
 Aberdeen. 
 
RESOLUTIONS OF THE HOUSE OF ASSEMBLY 
 OF LOWER CANADA; 
 
 n 
 
 LORD AYLMER'S DISPATCH OF MARCH 5, 1834; 
 
 AND ENCLOSURES RELATING 
 
 THERETO. 
 
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 t 
 
 o 
 o 
 
 1. 
 
 ofth 
 attuc 
 porti 
 in tir 
 pend 
 resist 
 their 
 
 2. 
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 ment 
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 feelin 
 menti 
 
 3. 
 shewi 
 breth 
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 Provi 
 far as 
 partic 
 
 
[The Ninety 'two Resolutions of the House of As- 
 sembly of Lower Canada, upon which werefounded 
 the First Petition of that Assembly to the House 
 of Commons, referred to in Lord Aylmers Pe- 
 tition, presented by Lord Ebrington on the 22nd 
 of June, 1836.] 
 
 House of Assembly, 
 Friday/, 2Ut February, 1834. 
 
 1. Resolved, ThatHis Majesty's loyal subjects, the People 
 of this Province of Lower Canada, have shewn the strongest 
 attachment to the British Empire, of which they are a 
 portion ; that they have repeatedly defended it with courage, 
 in time of war ; that at the period which preceded the Inde- 
 pendence of the late British Colonies on this Continent, they 
 resisted the appeal made to them by those Colonies to join 
 their confederation. 
 
 2. Resolved, That the People of this Province have at all 
 times manifested their confidence in His Majesty's Govern- 
 ment, even under circumstances of the greatest difficulty, 
 and when the Government of the Province has been admi- 
 nistered by men who trampled under foot the rights and 
 feehngs dearest to British Subjects, and that these senti- 
 ments of the people of this Province remain unchanged. 
 
 3. Resolved, That the people of this Province have always 
 shewn themselves ready to welcome and to receive as 
 brethren, those of their fellow subjects, who, having quitted 
 the United Kingdom, or its dependencies, have chosen this 
 Province as their home, and have earnestly endeavored (as 
 far as on them depended) to afford every facility to their 
 participating in the political advantages ; and in the mean 
 
of rendering their industry available, which the people of 
 this Province enjoy ; and to remove for them the difficulties 
 arising from the vicious system adopted by those who have 
 administered the Government of the Province, with regard 
 to those portions of the country in which the new comers 
 have generally chosen to settle. 
 
 4, Resolved, That this House, as representing the people 
 of this Province, has shewn an earnest zeal to advance the 
 general prosperity of the Country, by securing the peace 
 and content of all classes of its Inhabitants, without any 
 distinction of origin or cieei; and upon the solid and du- 
 rable basis of unity of interest, and equal confidence in the 
 protection of the Mother Country-. 
 
 6. Resolved, That this House has seized every occasion 
 to adopt, und firmly to establish by Law in this Province, 
 not only the Constitutional and Parliamentary Law of 
 England, which is necessary to carry the Government into 
 operation, but also all such parts of the Public Law of the 
 United Kingdom as nave appeared to this House adapted 
 to promote the welfare and safety of the People, and to be 
 conformable to their wishes and their wants; and that this 
 House ha J, in like manner, wisely endeavored so to regulate 
 Its proceedings, as to render them as closely as fbe circum- 
 stances of this Colcny permit, analogous to the practice of 
 the Hovsfc of Commons of the United Kingdom. 
 
 6. Resolved, Tnat in the year 1827, tlie g 2at majority of 
 the People of this Province complained, in Petitions signed 
 by 87,000 persons, of serious ai. ^ numerous abuses which 
 then prevailed, many of which had then existed for a great 
 liumber of years, and of which the greater part still exis. 
 without correction or mitigation. 
 
 7. Resolved, That the complaints aforesaid, and the 
 grievances which gave rise to them, being submitted to the 
 consideration of the Parliament of the United Kingdom, 
 occasioned the appointment of a Committee of the House 
 of Commons, of which the Honorable Edward Geoffrey 
 Stanley, now His Majesty^g Principal Secretary of State, 
 
people of 
 ifficulties 
 who have 
 th regard 
 w comers 
 
 he people 
 ance the 
 he peace 
 hout any 
 and du- 
 ce in the 
 
 occasion 
 
 Province, 
 
 Law of 
 
 lent into 
 
 iw of the 
 
 adapted 
 
 nd to be 
 
 that this 
 
 regulate 
 
 circum- 
 
 actice of 
 
 jority of 
 s signed 
 !s which 
 r a great 
 till exist. 
 
 md the 
 d to the 
 ingdom, 
 J House 
 jeoffrey 
 f State, 
 
 for the Colonial Department, and several others who are 
 now Members of His Majesty's Government, formed part ; 
 and that after a careful investigation, and due deliberation, 
 the said Committee, on the eighteenth of July, 1828, came 
 to the following very just conclusions ;— 
 
 Istly, " That the embarrassments and discontents that 
 had long prevailed in the Canadas, had arisen from serious 
 defects in the system of Laws, and the Constitutions es- 
 tablished in those Colonies." 
 
 2ndly, « That these embarrassments were in a great mea- 
 sure to be attributed to the manner in which the existing 
 system had been administered." 
 
 3dly, " That they had a complete conviction, that neither 
 the suggestions which ^'^ey had made, nor any other im- 
 provements in the Laws and Constiti; tions of the Canadas, 
 will be attended with the desired effect, unless an impartial, 
 conciliating, and constitutional system of Government were 
 observed in these loyal and important Colonies." 
 
 8. Resolved, That since the period aforesaid, the Con- 
 stitution of this Province, with its serious defects, has con- 
 tmued tc be administered in a manner calculated to multiply 
 the embarrassments and discontents which have long pre- 
 vailed : and that the recommendations of the Committee 
 of the House of Commons have not been followed by effec- 
 tive measures of a nature to produce the desired effect. 
 
 9. Resolved, That the most serious defect in the Consti- 
 tutional Act,— its radical fault,— the most active principle 
 of evil and discontent in the Province,— the most powerful 
 and most frequent cause of abuses of power,— of the in- 
 fractions of the laws,— of the wasta of the public revenue 
 and property, accompanied by impunity to the governing 
 party, and the oppression and consequent resentment of the 
 governed,— is that injudicious enactment, the fatal results 
 of which were foretold by the Right Hon. Charles James 
 Fox, at the time of its adoption, which invests the Crown 
 with that exorbitant power, (incompatible with any Govern- 
 ment duly balar id and founded on Law and Justice and 
 
not on force and coercion) of selecting and composing with- 
 out any rule or limitation, or any predetermined qualifi- 
 cation, an entire Branch of the Legislature, supposed from 
 the nature of its attributions to be independent, but in- 
 evitably the servile tool of the authority which creates , com- 
 poses and decomposes it, and can on any day modify it to 
 suit the interests or the passions of the moment. 
 
 10. Resolved, That with the possession of a power so un- 
 hmited, the abuse of it is inseparably connected, and that 
 It has always been so exercised in the selection of the Mem- 
 bers of the Legislative Council of this Province, as to favor 
 the spirit of monopoly and despotism in the executive, 
 judicial and administrative departments of Government, and 
 never in favor of the public interest. 
 
 11. Resolved, That the effectual remedy for this evil was 
 judiciously foreseen and pointed out by the Committee of 
 the House of Commons, who asked John Neilson, Esquire 
 (one of the Agents who had carried to England the Petition 
 of the 87,000 Inhabitants of Lower Canada) whether he had 
 turned in his mind any plan by which he conceived the 
 Legislative Council might be better composed in Lower 
 Canada ; whether he thought it possible that the said Body 
 could command the confidence and respect of the People, 
 or go in harmony with the House of Assembly, unless the 
 principle of Election were introduced into its composition 
 in some manner or other,— and also whether he thought 
 that the Colony could have any security that the Legisla- 
 tive Council would be properly and independently composed, 
 unless the principle of Election were introduced into it in 
 some manner or other;— and received from the said John 
 Neilson, answers in which (among other reflections) iie said 
 in substance, that there were two modes in which the com- 
 position of the Legislative Council might be bettered, the 
 one by appointing men who were independent of the Ex- 
 ecutive, (but that to judge from experience there would be 
 no security that this would be done), and that if this mode 
 
were found impracticable, the other would be to render the 
 Legislative Council elective. 
 
 12. Resolved, That judging from experience, this House 
 likewise believes that there would be no security in the first 
 mentioned mode, the course of events having but too amply 
 proved what was then foreseen ; and that this House ap- 
 proves all the inferences drawn by the said John Neilson, 
 from experience and facts ; but that with regard to his 
 suggestion that a class of Electors of a higher qualification 
 should be established, or a qualification in property fixed 
 for those persons who might sit in the Council, this House 
 have in their Address to His Most Gracious Majesty dated 
 the 20th March, 1833, declared in what manner this prin- 
 ciple could in their opinion be rendered tolerable in Canada, 
 by restraining it within certain bounds, which should in no 
 case be passed. 
 
 13. Resolved, That even in defining bounds of this nature, 
 and requiring the possession of real property, as a condition 
 of eligibility to a Legislative Council chosen by the People, 
 which most wisely and happily has not been made a con- 
 dition of eligibility to the House of Assembly, this House 
 seems rather to have sought to avoid shocking received 
 opinions in Europe, where custom and the Law have given 
 so many artificial privileges and advantages to birth, and 
 rank and fortune, than to consult the opinions generally 
 received in America, where the influence of birth is nothing, 
 and where, notwithstanding the importance which fortune 
 must always naturally confer, the artificial introduction of 
 great political privileges in favor of the possessors of large 
 property, could not long resist the preference given at free 
 Elections, to virtue, talents and information which fortune 
 does not exclude but can never purchase, and which maybe 
 the portion of honest, contented, and devoted men, whom 
 the people ought to have the power of calling and conse- 
 crating to the public service, in preference to richer men of 
 whom they may think less highly. 
 
6 
 
 14, Resolved, That this House is no wise disposed to 
 admit the excellence of the present Constitution of Canada, 
 although his Majesty's Secretary of State for the Colonies 
 has unseasonably and erroneously asserted that it has con- 
 ferred on the two Canadas the institutions of Great Britain; 
 nor to reject the principle of extending the system of fre- 
 quent elections much further than it is at present carried ; 
 and tliat this system ought especially to be extended to the 
 Legislative Council, although it may be considered by the 
 Colonial Secretary incompatible with the British Govern- 
 ment, which he calls a Monarchical Government, or too 
 analogous to the institutions which the several States com- 
 posing the industrious, moral, and prosperous confederation 
 of the United States of America have adopted for them- 
 selves. 
 
 15. Resolved, That in a Despatch of which the date is 
 unknown, and of which a part only was communicated to 
 this House by the Governor in Chief, on the fourteenth of 
 January, 1834, His Majesty's Secretary of State for the 
 Colonial Department (this House having no certain know- 
 ledge whether the said Despatch is from the present Colo- 
 nial Secretary or from his predecessor) says, that an ex- 
 amination of the composition of the Legislative Council at 
 that period (namely, at the time when its composition was 
 so justly censured by a Committee of the House of Com- 
 mons) and at the present will sufficiently show in what 
 spirit His Majesty's Government has endeavoured to carry 
 the wishes of Parliament into effect. 
 
 16. Resolved, That this House receives with gratitude 
 this assurance of the just and benevolent intentions with 
 which, in the performance of their duty. His Majesty's 
 Ministers have endeavored to give effect to the wishes of 
 Parliament. 
 
 17. Resolved, That unhappily it was left to the principal 
 Agent of His Majesty's Government in this Province, to 
 carry the wishes of the Imperial Parliament into effect, but 
 that he has destroyed the hope which His Majesty's faithful 
 
 I 
 
Subjects had conceived of seeing the Legislative Council 
 reformed and ameliorated, and has confirmed them in the 
 opmion that the only possible mode of giving to that Body 
 the weight and respectability which it ought to possess, is 
 to introduce into it the principle of election. 
 
 18. Resolved, That the Legislative Council strengthened 
 by a majority inimical to the rights of this House and of 
 the people whom it represents, has received new and more 
 powerful means than it before possessed, of perpetuating 
 and of rendering more offensive and more hurtful to the 
 country, the system of abuses of which the people of this 
 Province have up to this day ineffectually complained, and 
 which up to this day. Parliament and His Majesty's Go- 
 vernment in England have ineffectually sought to correct. 
 
 19. Resolved, That since its pretended reform, the Le- 
 gislative Council has, in a manner more calculated to alarm 
 the inhabitants of this Province, and more particularly in 
 its Address to His Majesty of the 1st of April, 1833, re- 
 newed its pretention of being specially appointed to protect 
 one class of His Majesty's Subjects in this Province, as 
 supposing them to have interests which could not be suffi- 
 ciently represented in the Assembly, seven eighths of the 
 Members of which are, by the said Council, most errone- 
 ously stated to be of French origin and speak the French 
 language; that this pretention is a violation of the Consti- 
 tution and is of a nature to excite and perpetuate among the 
 several classes of the Inhabitants of this Province, mutual 
 mistrust and national distinctions and animosities, and to 
 give one portion of the people an unjust and factious supe- 
 riority over the other, and the hope of domination and 
 undue preference. 
 
 20. Resolved, That by such claim, the Legislative Coun- 
 cil, after a reform which was held up as one adapted to 
 unite it more closely with the interests of the Colony, in 
 conformity with the wishes of Parliament, calls down, as 
 one of its first acts, the prejudices and s^-v rity of His Ma- 
 jesty's Government upon the people of this Province, and 
 
 'I 
 
8 
 
 upon the Representative Branch of the Legislature thereof ; 
 and that, by this conduct, the Legislative Council has 
 destroyed amongst the people all hope which was left them 
 of seeing the said Council so long as it shall remain consti- 
 tuted as it now is, act in harmony with the House of As- 
 sembly. 
 
 21. Resolved, That the Legislative Council of this Pro- 
 vmce, has never been any thing else but an impotent screen 
 between the Governor and the People, which, by enabling 
 the one to maintain a conflict with the other, has served to 
 perpetuate a system of discord and contention; that it has 
 unceasingly acted with avowed hostility to the sentiments 
 of the people as constitutionally expressed by the House of 
 Assembly ; that it is not right, under the name of a Legis- 
 lative Council, to impose an aristocracy on a Country which 
 contains no natural materials for the composition of such a 
 body ; that the Parliament of the United Kingdom, in 
 granting to His Majesty's Canadian Subjects the power of 
 revisingthe Constitution under whu ' they hold their dearest 
 rights, would adopt a liberal policy, free from all consider- 
 ations of former interests and of existing prejudices; and 
 that by this measure, equally consistcwc with a wise and 
 sound policy and with the most liberal and extended views, 
 the Parliament of the United Kingdom would enter into a 
 noble rivalry with the United States of America, would 
 prevent His Majesty's subjects from seeing any thing to 
 envy there, and would preserve a friendly intercourse be- 
 tween Great Britain and this Province, as her Colony, so 
 long as the tie between us shall continue, and as her Ally 
 whenever the course of events may change our relative 
 position. 
 
 22. Resolved, That this House so much the more con- 
 fidently emits the opinions expressed in the preceding 
 Resolution, because if any faith is to be placed in the 
 published Reports, they were at no distant period emitted 
 with other remarks in the same spirit, in the Commons 
 House of the United Kingdom, by the Right Honorable 
 
 ( 
 
thereof; 
 ncil has 
 eft them 
 ti consti- 
 e of As- 
 
 his Pro- 
 it screen 
 3nabliiig 
 erved to 
 at it has 
 itiments 
 louse of 
 a Legis- 
 y which 
 f such a 
 dom, in 
 )ower of 
 dearest 
 ansider- 
 is; and 
 ise and 
 i views, 
 r into a 
 , would 
 hing to 
 irse be- 
 ony, so 
 er Ally 
 relative 
 
 re con- 
 jceding 
 in the 
 emitted 
 mmons 
 lorable 
 
 9 
 
 Geoffrey Stanley, now his Majesty's Principal Secretary of 
 State for the Colonial Department, and by several other 
 enlightened and distinguished Members, some of whom 
 are among the number of His Majesty's present Ministers; 
 and because the conduct of the Legislative Council since 
 its pretended Reform, demonstrates that the said opinions 
 are in no wise rendered less applicable or less correct by its 
 present composition. 
 
 23. Resolved, That the Legislative Council has at the 
 present time less community of interest with the Province 
 than at any former period ; that its present composition, 
 instead of being calculated to change the character of the 
 body, to put an end to complaints, and to bring about that 
 co-operation of the two Houses of the Legislature, which 
 is so necessary to the welfare of the Country, is such as to 
 destroy all hope that the said Council will adopt the 
 opinions and sentiments of the people of this Province and 
 of this House with regard to the inalienable right of the 
 latter, to the full and entire control of the whole Revenue 
 raised in the Province; with regard to the necessity 
 under which this House has found itself (for the purpose 
 of effecting the reformation which it has so long and so 
 vainly demanded of existing abuses,) to provide for the 
 expenses of the Civil Government by annual appropria- 
 tions only, as well as with regard to a variety of other 
 questions of public interest, concerning which the Execu- 
 tive Government, and the Legislative Council which it has 
 selected and created, differ diametrically from the people 
 of this Province and from this House. 
 
 24. Resolved, That such of the recently appointed Coun- 
 cillors, as were taken from the majority of the Assembly, 
 and had entertained the hope that a sufficient number of 
 independent men, holding opinions in unison with those 
 of the majority of the people and of their Representatives, 
 would be associated with them, must now feel that they 
 are overwhelmed by a majority hostile to the Country, and 
 composed of men who have irretrievably lost the public 
 
10 
 
 confidence, by showing themselves the blind and passionate 
 partisans of all abuses of power, by encouraging all the 
 acts of violence committed under the Administration of 
 Lord Dalhousie, by having on all occasions outraged the 
 Representatives, of the People of the Country, of men 
 unknown to the Country, until within few years, without 
 landed property, or having very little, most of whom have 
 never been returned to the Assembly, (some of them having 
 even been refused by the people,) and who have never 
 given any proofs of tLoir fitness for performing the func- 
 tions of Legislators, but merely of their hatred to the 
 Country; and who, by reason of their community of sen- 
 timent with him, have found themselves, by the partiality 
 of the Governor in Chief, suddenly raised to a station in 
 which they have the power of exerting, during life, an 
 influence over the Legislation, and over the fate of this 
 Province, the laws and institutions of which have ever 
 been the object of their dislike. 
 
 25. Resolved, That in manifest violation of the Con- 
 stitution, there are among the persons last mentioned, 
 several who were born citizens of the United States, or 
 are natives of other foreign Countries, and who at the 
 time of their appointment had not been naturalized by 
 Acts of the British Parliament; that the residence of one 
 of these persons (Horatio Gates) in this Country, during 
 the last War with the United States, was only tolerated: 
 he refused to take up arms for the defence of the Country, 
 in which he remained merely for the sake of lucre, and 
 after these previous facts, took his seat in the Legislative 
 Council, on the sixteenth of March, 1833, and fifteen days 
 afterwards, to wit, on the first of April, voted for the 
 Address before mentioned, censuring those who, during 
 the last War, were under arms on the frontiers to repulse 
 the attacks of the American Armies, and of the fellow 
 citizens of the said Horatio Gates : that another (James 
 Baxter) was resident during the said late War, within the 
 United States, and was bound by the Laws of the country 
 
 I 
 

 11 
 
 of his birth, under certain circumstances forcibly to invade 
 this Province, to pursue, destroy and capture, if possible. 
 His Majesty's Armies, and such of his Canadian subjects 
 as were in arms upon the frontiers to repulse the attacks 
 of the American Armies, and of the said James Baxter, 
 who, (being at the same time but slightly qualified, as far 
 as property is concerned) became by the nomination of the 
 Governor in Chief, a Legislator for life in Lower Canada, 
 on the twenty second of March, 1833, and eight days 
 afterwards, on the first of April aforesaid, voted that very 
 Address which contained the calumnious and insulting 
 accusation which called for the expression of His Majesty's 
 just regret "that any word had been introduced which 
 " should have the appearance of ascribing to a class of 
 " His Subjects of one origin, views at variance with the 
 " allegiance which they owe to His Majesty." 
 
 26. Resolved, That it was in the power of the present 
 Governor in Chief, more than in that of any of his pre- 
 decessors (by reason of the latitude allowed him as to the 
 number and the selection of the persons whom he might 
 nominate to be Members of the Legislative Council) to- 
 allay, for a time at least, the intestine divisions which rend 
 this Colony, and to advance some steps towards the ac- 
 complishment of the wishes of Parliament, by inducing a 
 community of interest between the said Council and the 
 People, and by giving the former a more independent cha- 
 racter by judicious nominations. 
 
 27. Resolved, That although sixteen persons have been 
 nominated in less than two years by the present Governor, 
 to be Members of the said Council, (a number greater 
 than that afforded by any period of ten years under any 
 other Administration,) and notwithstanding the wishes of 
 Parliament and the instructions given by His Majesty's 
 Government for the removal of the grievances of which the 
 people had complained, the same malign influence which 
 has been exerted to perpetuate in the country a system of 
 irresponsibility in favor of public functionaries, has pre- 
 
12 
 
 vailed to such an extent as to render the majority of the 
 Legislative Council more inimical to the Country than at 
 any former period ; and that this fact confirms with irre- 
 sistible force the justice of the censure passed by the Com- 
 mittee of the House of Commons on the constitution of 
 the Legislative Council, as it had theretofore ex= ted, and 
 the correctness of the opinion of those Members of the said 
 Committee, who thought that the said Body could never 
 command the respect of the people nor be in harmony with 
 the House of Assembly, unless the principle of Election 
 was introduced into it. 
 
 28. Resulved,That even if the present Governor in Chief 
 had, by making a more judicious selection, succeeded in 
 quieting the alarm, and allaying for a time the profound 
 discontent which then prevailed, that form of Government 
 would not be less essentially vicious, which makes the 
 happiness or misery of a country depend on an Executive 
 over which the People of that country have no influence, 
 and which has no permanent interest in the country, or in 
 common with its Inhabitants ; and that the extension of the 
 elective principle is the only measure which appears to this 
 House to afford any prospect of equal and sufficient pro- 
 tection m future, to all the Inhabitants of the Province 
 without distinction. 
 
 29. Resolved, That the accusations preferred against the 
 House of Assembly by the Legislative Council, as com- 
 posed by the present Governor in Chief, would be criminal 
 and seditious, if their very nature did not render them 
 harmless, since they go to assert, that if in its liberality 
 and justice, the Parliament of the United Kingdom had 
 granted the earnest prayer of this House, in behalf of the 
 Province, (and which this House at this solemn moment, 
 after weighmg the Despatches of the Secretary of State for 
 the Colonial Department, and on the eve of a General 
 Election, now repeats and renews,) that the Constitution of 
 the Legislative Council may be altered, by renderino- it 
 
 
ity of the 
 y than at 
 with irre- 
 the Cora- 
 tiition of 
 "ted, and 
 f the said 
 jld never 
 lony with 
 Election 
 
 in Chief 
 seeded in 
 profound 
 /^ernment 
 ikes the 
 Executive 
 ifluence, 
 ry, or in 
 an of the 
 rs to this 
 lent pro- 
 i^rovince 
 
 linst the 
 as com- 
 2riminal 
 ir them 
 berahty 
 3m had 
 ' of the 
 loment, 
 tate for 
 jreneral 
 ition of 
 ring it 
 
 
 I 
 
 13 
 
 elective, the result of this act of justice and benevolence 
 would have been to inundate the country with blood. 
 
 30. Resolved, That by the said Address to His Majesty, 
 dated the first of April last, the Legislative Council 
 charges this House with having calumniously accused the 
 King's Representative of partiality and injustice in the 
 exercise of the powers of his office, and with deliberately 
 calumniating His Majesty's Officers, both Civil and Mili- 
 tary, as a faction induced by interest alone to contend for 
 the support of a Government inimical to the rights, and 
 opposed to the wishes of the People : with reference to 
 which, tins House declares, that the accusations preferred 
 by it, have never been calumnious, but are true and well 
 founded, and that a faithful picture of the Executive 
 Government of this Province, in all its parts, is drawn by 
 the Legislative Council in this passage of its Address. 
 
 31. Resolved, That if, as this House is fond of believing, 
 His Majesty's Government in England does not wish sys- 
 tematically to nourish civil discord in this Colony, the con- 
 tradictory allegations thus made by the two Houses, make 
 it imperative on it to become better acquainted with the 
 state of the Province than it now appears to be, if we 
 judge from its long tolerance of the abuses which its 
 agents commit with impunity ; that it ought not to trust 
 to the self praise of those who have the management of 
 the affairs of a Colony, passing according to them, into a 
 state of anarchy ; that it ought to be convinced, that if 
 its protection of public functionaries accused by a com- 
 petent authority, (that is to say, by this House in the name 
 of the People,) could for a time by force and intimidation 
 aggravate, in favor of those functionaries, and against the 
 rights and interests of the people, the system of insult and 
 oppression which they impatiently bear, the result must 
 be to weaken our confidence in, and our attachment to His 
 Majesty's Government, and to give deep root to the dis- 
 content and insurmountable disgust which have been 
 
14 
 
 excited by Administraliong deplorably vicious, and which 
 are now excited by the majority of the public functionaries 
 ot the Colony, combined as a faction, and induced by 
 interest alone to contend for the support of a corrupt 
 Government, mimical to the rights and opposed to the 
 Wishes of th« People. 
 
 32. Resolved, That in addition to its wicked and calum- 
 nious Address of the first of April, 1833, the Legislative 
 Council, as recomposed by the present Governor in Chief 
 has pi-oved how little community of interest it has with 
 the Colony by the fact, that out of sixty four Bills which 
 were sent up to it, twenty eight were rejected by it, or 
 amended m a manner contrary to their spirit and essence : 
 that the same unanimity which had attended the passing 
 of the greater part of these Bills in the Assembly, accom- 
 panied their rejection by the Legislative Council ; and 
 that an opposition so violent, shews clearly that the Pro- 
 vincial Executive and the Council of its choice, in league 
 together against the Representative Body, do not, or will 
 not consider it as the faithful interpreter and the equitable 
 judge of the wants and wishes of the People, nor as fit to 
 propose Laws conformable to the public will; and that 
 iinder such circumstances, it would have been the duty of 
 the Head of the Executive to appeal to the People by dis- 
 solving the Provincial Parliament, had there been any 
 analogy between the institutions of Great Britain and 
 those of this Province. 
 
 33 Resolved, That the Legislative Council, as recom- 
 posed by the present Governor in Chief, must be con- 
 sidered as embodying the sentiments of the Colonial Exe- 
 cutive Government, and that from the moment it was . 
 recomposed, the two authorities seem to have bound and 
 leagued themselves together for the purpose of proclaim- 
 ing principles subversive of all harmony in the Province 
 and of governing and domineering in a spirit of blind and 
 invidious natijr i^l jiicipathy. 
 34. Resolv^a, -!>: t me Address voted unanimously on 
 
and which 
 nctionaries 
 iduced by 
 a corrupt 
 ied to the 
 
 nd calum- 
 Legislative 
 ' in Chief, 
 
 has with 
 ills which 
 
 by it, or 
 '■ essence : 
 e passing 
 y^, accom- 
 cil ; and 
 the Pro- 
 in league 
 t, or will 
 equitable 
 ' as fit to 
 and that 
 i duty of 
 e by dis- 
 een any 
 tain and 
 
 J recom- 
 be Gon- 
 ial Exe- 
 
 i was ■■■>•' 
 ind and 
 •oclaim- 
 rovince, 
 ind and 
 
 usly on 
 
 16 
 
 the first of April, 1833, by the Legislative Council, as 
 recomposed by the present Governor in Chief, was con- 
 curred in by the Honorable the Chief Justice of the 
 Province, Jonathan Sewell, to whom the Right Honorable 
 Lord Viscount Goderich, in his Despatch, communicated 
 to the House, on the twenty fifth of November, 1831, 
 recommended "a cautious abstinence from all proceedings 
 " by which he might be involved in any contention of a 
 " party nature :" by John Hale, the present Receiver Ge- 
 neral, who, in violation of the Laws, and of the trust 
 reposed ia hitn, and upon illegal Warrants issued by the 
 Govnraor, has paid away large sums of the public money, 
 witliout any regard to the obedience which is always due to 
 the Law :— by Sir John Caldwell, Baronet, the late Receiver 
 General, a Peculator, who has been condemned to pay 
 nearly £100,000 to reimburse a like sum levied upon the 
 People of this Province, and granted by Law to His Ma- 
 jesty, His Heirs and Successors, for the public use of the 
 Province, and for the support of His Majesty's Govern- 
 ment therein, and who has diverted the greater part of the 
 said sum from the purposes to which it was destined, and 
 appropriated it to his private use :— by Matthew Bell, a 
 Grantee of the Crown, who has been unduly and illegally 
 favored by the Executive, in the lease of the Forges of St. 
 Maurice, in the grant of large tracts of waste Lands, and 
 m the lease of large tracts of land formerly belonging to 
 the Order of Jesuits :— by John Stewart, an Executive 
 Councillor, Commissioner of the Jesuits Estates, and the 
 incumbent of other lucrative Offices :— all of whom are 
 placed by their pecuniary and personal interests, under 
 the influence of the Executive :— And by the Honorables 
 George Moffatt, Peter M'Gill, John Molson, Horatio 
 Gates, Robert Jones and James Baxter, all of whom, as 
 well as those before mentioned, were, with two exceptions, 
 born out of the Country ; and all of whom, except one, 
 who, for a number of years, was a Member of the Assem- 
 bly, and has extensive landed property, are but slightly 
 
16 
 
 qualified in that respect, and had not been sufficiently 
 engaged in public life to aft'ord a presumption that they 
 were fit to perform the functions of Legislators for life ; 
 and by Antoine Gaspard Couillard, the only native of the 
 Country of French origin, who stooped to concur in the 
 Address, and who also had never been engaged in public 
 life, and is but very moderately qualified with respect to 
 real property, and who, after uis appointment to the Coun- 
 cil, and before the said first of April, rendered himself 
 dej)endent on the Executive, by soliciting a paltry and 
 subordinate place of profit. 
 
 35. Resolved, That the said Address, voted by seven 
 Councillors under the influence of the present head of the 
 Executive, and by five others of his appointment (one only 
 of the six others who voted it (the Honorable George 
 Moffatt) having been appointed under his Predecessor) is 
 the work of the present Administration of this Province, 
 tlie expression of its sentiments, the key to its acts, and the 
 proclamation of the iniquitous and arbitrary principles 
 which are to form its rule of conduct for the future. 
 
 36. Resolved, That the said Address is not less injurious 
 to the small number of Members of the Legislative Council 
 who are independent, and attached to the interests and 
 honor of the country,— who have been Members of the 
 Assembly, and are known as having partaken its opinions 
 and seconded its efforts to obtain for it the entire control 
 and disposal of the Provincial Revenue ;— as having ap- 
 proved the wholesome, constitutional, and not, as styled by 
 the Council, the daring step taken by this House of ^raying 
 by Address to His Majesty, that the Legislative Council 
 might be rendered elective ;— as condemning the scheme 
 for the creation of an extensive monopoly of Lands in favor 
 of speculators residing out of the country ;— as believing 
 that they could not have been appointed to the Council 
 with a view to increase the constitutional weight and effi- 
 cacy of that body, in which they find themselves opposed 
 to a majority hostile to their principles and their country ; 
 
ufficiently 
 that they 
 1 for life ; 
 ive of the 
 ur in the 
 in public 
 espect to 
 he Coun- 
 I himself 
 iltry and 
 
 3y seven 
 id of the 
 one only 
 George 
 lessor) is 
 *rovince, 
 and the 
 rinciples 
 
 njurious 
 Council 
 ;sts and 
 
 of the 
 )pinions 
 
 control 
 ing ap- 
 yled by 
 ^ raying 
 .Council 
 scheme 
 n favor 
 ilieving 
 Council 
 id effi- 
 pposed 
 •untry ; 
 
 I 
 
 17 
 
 —as believing that the interests and wishes of the People 
 are faithfully represented by their Representatives, and 
 that the connection between this country and the parent 
 State will be durable in proportion to the direct influence 
 exercised by the People in the enactment of Laws adapted 
 to ensure their welfare; and as being of opinion that His 
 Majesty's subjects recently settled in this country, will 
 share in all the advantages of the free institutions and of 
 the improvements which would be rapidly developed, if, by 
 means of the extension of the elective system, the adminis- 
 tration were prevented from creating a monopoly of power 
 and profit in favour of the minority who are of one origin, 
 and to the prejudice of the majority who are of another, and 
 from buying, corrupting, and exciting a portion of this mi- 
 nority in such a manner as to give to all discussions of local 
 mterest the alarming character of strife and national anti- 
 pathy ; and that the independent Members of the Legisla- 
 tive Council, indubitably convinced of the tendency of that 
 body, and undeceived as to the motives which led to their 
 appointment as Members of it, now refrain from attending 
 the sittings of the said Council, in which they despair of 
 Deing able to effect any thing for the good of the country. 
 
 37. Resolved, That the political world in Europe is at 
 this moment agitated by two great parties, who in different 
 countries appear under the several names of Serviles, Roy- 
 alists, Tories and Conservatives on the one side, and of 
 Liberals, Constitutionals, Republicans, Whigs, Reformers, 
 Radicals, and simikr appellations on the other ;— that the 
 former party is, on this continent, without any weight or in- 
 fluence, except what it derives from its European supporters, 
 and from a trifling number of persons who become their de- 
 pendents for the sake of personal gain, and of others who 
 from age or habit cling to opinions which are not partaken 
 by any numerous class ; while the second party overspreads 
 all America ; and that the Colonial Secretary is mistaken, if 
 he believes that the exclusion of a few salaried officers from 
 the Legislative Council could suffice to make it harmonize 
 
 c 
 
19 
 
 with th2 wants, wishes, and opinions of the People, as long 
 as the Colonial Governors retain the power of preserving 
 in it a majority of Members rendered servile by their anti- 
 pathy to every liberal idea. 
 
 38. Resolved, That this vicious system which has been 
 carefully maintained, has given to the Legislative Council 
 a character of greater animosity to the country than it had 
 at any former period ; and is as contrary to the wishes of 
 Parliament, as that, which in order to resist the wishes of 
 the people of England for the Parliamentary Reform, 
 should have called into the House of Lords a number of 
 men notorious for their factious and violent opposition to 
 that great mciisure. 
 
 39. Resolved, That the Legislative Council, represent- 
 ing merely the personal opinions of certain Members of a 
 body so strongly accused, at a recent period, by the People 
 of this Province, and so justly censured by the Report of 
 the Committee of the House of Commons, is not an autho- 
 rity competent to demand alterations in the Constitutional 
 Act of the thirty first George the Third, chapter thirty-one; 
 and that the said Act ought not to be, and cannot be 
 altered, except at such time, and in such manner, as may 
 be wished by the People of this Province, whose sentiments 
 this House is alone competent to represent: that no inter- 
 ference on the part of the British Legislature with the 
 Laws and Constitution of this Province, which should 
 not be founded on the wishes of the People, freely ex- 
 pressed either through this House, or in any other Constitu- 
 tional manner, could in any wise tend to settle any of the 
 difficulties which exist in this Province, but, on the con- 
 trary, would only aggravate them, and prolong their con- 
 tinuance. 
 
 40. Resolved, That this House expects from the justice of 
 the Parliament of the United Kingdom, that no measure 
 of the nature aforesaid, founded on the false representa- 
 tions of the Legislative Council, and of the Members and 
 tools of the Colonial Administration, all interested in 
 
, as long 
 eserving 
 leir anti- 
 
 ias been 
 Council 
 n it had 
 ishes of 
 /ishes of 
 Reform, 
 imber of 
 sition to 
 
 present- 
 ers of a 
 
 People 
 eport of 
 I autho- 
 tutional 
 ty-one ; 
 inot be 
 as may 
 timents 
 inter- 
 ith the 
 
 should 
 ely ex- 
 mstitu- 
 
 of the 
 le con- 
 ir con- 
 
 itice of 
 leasure 
 3senta- 
 rs and 
 ted in 
 
 19 
 
 perpetuating existing abuses, will be adopted to the 
 prejudice of the rights, liberties, and welfare of the people 
 of this Province; but that on the contrary, the Imperial 
 Legislature will comply with the wishes of the people and of 
 this House, and will provide the most effectual remedy for 
 all evils present and future, either by rendering the Legis- 
 lative Council elective in the manner mentioned in the 
 Address of this House to His Most Gracious Majesty of 
 the twentieth of March, 1833, or by enabling the people 
 to express still more directly their opinions as to the mea- 
 sures to be adopted in that behalf, and with regard to such 
 other modifications of the Constitution as the wants of the 
 people, and the interests of His Majesty's Government in 
 this Province, may require ; and that this House perseveres 
 in the said Address. 
 
 41. Resolved, That His Majesty's Secretary of State for 
 the Colonial Department, has acknowledged in his Des- 
 patches, that it has frequently been admitted that the people 
 of Canada ought to see nothing in the Institutions of the 
 neighbouring States which they could regard with envy, 
 and that he has yet to learn that any such feeling now 
 exists among His Majesty's subjects in Canada : to which 
 this House answers, that the neighbouring States have a 
 form of Government very fit to prevent abuses of power, 
 and very effective in repressing them : that the reverse of 
 this order of things has always prevailed in Canada under 
 the present form of Government : that there exists in the 
 neighbouring States a stronger and more general attach- 
 ment to the national institutions, than in any other coun- 
 try ; and that there exists also, in those States, a guarantee 
 for the progressive advance of their political institutions 
 towards perfection, in the revision of the same at short and 
 determinate intervals, by conventions of the people, in 
 order that they may, without any shock or violence, be 
 adapted to the actual state of things. 
 
 42. Resolved, That it was in consequence of a correct 
 
 idea of the Stat« nf th*» onimtrtr a-nA nf cr^^l^i... 11 
 
20 
 
 in America, that the Committee of the House of Commons- 
 asked, whether there was not in the two Canadas, a grow- 
 ing inchnation to see the institutions become more and 
 more popular, and in that respect more and more like those 
 of the United States; and that John Neilson, Esquire, one 
 of the Agents sent from this country, answered, that the 
 fondness for popular institutions had made great progress 
 m the two Canadas ; and that the same Agent was asked 
 whether he did not think that it would be wise that the 
 object of every change made in the institutions of the 
 Province, should be to comply more and more with the 
 wishes of the people, and to render the said institutions 
 extremely popular; to which question, this House, for and 
 in the name of the people whom it represents, answers 
 solemnly and deliberately, "Yes, it would be wise— it 
 would be excellent." 
 
 43. Resolved, That the constitution and form of Govern- 
 ment which would best suit this Colony, are not to be sought 
 solely in the analogies offered by the institutions of Gr°at 
 Britain, where the state of Society is altogether different 
 from our own ; and that it would be wise to turn to profit 
 by the information to be gained by observing the effects 
 produced by the different and infinitely varied Constitu- 
 tions which the Kings and Parliament of England have 
 granted to the several Plantations and Colonies in Ame- 
 rica, and by studying the way in which virtuous and 
 enlightened men have modified such Colonial Institutions 
 when it could be done with the assent of the parties in- 
 terested. 
 
 44. Resolved, That the unanimous consent with which 
 all the American States have adopted and extended the 
 Elective system, shows that it is adapted to the wishes, 
 manners and social state of the inhabitants of this Con- 
 tment; that this system prevails equally among those 
 of British and those of Spanish origin, although the latter, 
 during the continuance of their Colonial state, had been 
 under the calamitous yoke of ignorance and absolutism; 
 
ommons 
 
 21 
 
 and that we do not hesitate to ask from a Prince of the 
 House of Brunswick, and a reformed Parliament, all the 
 freedom and political powers which the Princes of the 
 House of Stuart and their Parliaments granted to the most 
 favored of the Plantations formed at a period when such 
 grants must have been less favorably regarded than thev 
 would now be. ^ 
 
 45. Resolved, That it was not the best and most free 
 systems of Colonial Government which tended most to 
 hasten the mdependence of the Old English Colonies- 
 smce the Province of New York, in which the institutions 
 were most monarchical, in the sense which that word ap- 
 pears to bear in the Despatch of the Colonial Secretary, 
 was the first to refuse obedience to an Act of the Par- 
 liament of Great Britain ; and that the Colonies of Con- 
 necticut and Rhode Island which though closely and 
 affectionately connected with the Mother Country for a 
 long course of years, enjoyed constitutions purely" demo- 
 cratic, were the last to enter into a confederation rendered 
 necessary by the conduct of bad servants of the Crown 
 vvho called in the supreme authority of the Parliament and 
 the British Constitution, to aid them to govern arbitrarily 
 listening rather to the Governors and their advisers than to 
 the People and their Representatives, and shieldino- with 
 the.r protection those who consumed the Taxes rather than 
 those who paid them. 
 
 46. Resolved, That with a view to the introduction of 
 whatever the Institutions of the neighbouring States offered 
 that was good and applicable to the state of the Province 
 this House had among other measures passed during many 
 years, a Bill founded on the principle of proportioning 
 arithmetically the number of Representatives to the po- 
 pulation of each place represented ; and that if by the 
 pressure of circumstances and the urgent necessity which 
 existed that the number of Representatives should be 
 increased, ,t has been compelled to assent to amendments 
 which violate that principle by giving to several Counties 
 
22 
 
 containing a population of little more than 4,000 souls, the 
 same number of Representatives as to several others of 
 which the population is five times as great, this dispropor- 
 tion is, in the opinion of this House, an act of injustice, for 
 which it ought to seek a remedy; and that in new coun- 
 tries, where the population increases rapidly, and tends to 
 create new settlements, it is wise and equitable, that by a 
 frequent and periodical census, such increase and the 
 manner in which it is distributed, should be ascertained, 
 principally for the purpose of settling the representation 
 of the Province on an equitable basis. 
 
 47. Resolved, That the fidelity of the People and the 
 protection of the Government, are co-relative obligations, 
 of which the one cannot long subsist without the other; 
 that by reason of the defects which exist in the Laws 
 and Constitution of this Province, and of the manner in 
 which those Laws and that Constitution have been ad- 
 ministered, the People of this Province are not sufficiently 
 protected in their lives, their property and their honor; 
 and the long series of acts of injustice and oppression of 
 which they have to complain, have increased with alarm- 
 ing rapidity in violence and in number, under the present 
 Administration. 
 
 48. Resolved, That in the midst of these disorders and 
 sufferings, this House and the People whom it represents 
 had always cherished the hope and expressed their faith 
 that His Majesty's Government in England did not know- 
 ingly and wilfully participate in the political immorality 
 of its Colonial Agents and Officers ; and that it is with 
 astonishment and grief that they have seen in the extract 
 from the Despatches of the Colonial Secretary, commu- 
 nicated to this House by the Governor in Chief durino- the 
 present Session, that one at least of the Members of His 
 Majesty's Government entertains towards them feelings of 
 prejudice and animosity, and inclines to favor plans of 
 oppression and revenge, ill adapted to change a system of 
 abuses, and the continuance of which would altogether 
 
 
 
 « aB / 
 
) souls, the 
 others of 
 dispropor- 
 justice, for 
 new coun- 
 id tends to 
 , that by a 
 ; and the 
 icertained, 
 esentation 
 
 e and the 
 bligations, 
 the other; 
 
 the Laws 
 manner in 
 
 been ad- 
 ufficiently 
 ir honor; 
 •ression of 
 th alarm- 
 le present 
 
 irders and 
 represents 
 heir faith 
 not know- 
 nmorality 
 it is with 
 le extract 
 , commu- 
 luring the 
 Ts of His 
 eelings of 
 plans of 
 iystem of 
 iltogether 
 
 23 
 
 discourage the People, extinguish in them the legitimate 
 hope of happiness which, as British Subjects, they enter- 
 tained, and would leave them only the hard alternative of 
 submitting to an ignominious bondage, or of seeing those 
 ties endangered which unite them to the Mother Country. 
 49. Resolved, That this House and tlie People whom it 
 represents do not wish or intend to convey any threat; but 
 that relying as they do on the principles of law and justice, 
 they are and ought to be politically strong enough not to 
 be exposed to receive insult from any man whomsoever, or 
 bound to suffer it in silence; that the style of the said 
 extracts from the Despatches of the Colonial Secretary, as 
 communicated to this House, is insulting and inconsiderate 
 to such a degree, that no legally constituted body, although 
 Its functions were infinitely subordinate to those of Legis- 
 lation, could or ought to tolerate them ; that no similar 
 example can be found even in the Despatches of those of 
 his predecessors in office least favorable to the rights of the 
 Colonies; that-the tenor of the said Despatches'' is incom- 
 patible with the rights and privileges of this House, which 
 ought not to be called in question or defined by the Co- 
 lonial Secretary, but which, as occasion may require, will 
 be successively promulgated and enforced by this House. 
 
 50. Resolved, That with regard to the following ex- 
 pressions in one of the said Despatches, " should events 
 " unhappily force upon Parliame.->t the exercise of its 
 supreme authority to compose the internal dissension of 
 " the Colonies, it would be my object and my duty as a 
 " servant of the Crown, to submit to Parliament such 
 « modifications of the Charter of the Canadas as would 
 " tend, not to the introduction of institutions inconsistent 
 " with Monarchical Government, but to maintaining and 
 " strengthening the connection with the Mother Country, 
 " by a close adherence to the spirit of the British Consti- 
 " tution, and by preserving in their proper place, and 
 " within their due limits, the mutual rights and privileges 
 " of all classes of His Majesty's subjects ;" if they are to 
 
 « 
 
24 
 
 be understood as containing a threat to introduce into the 
 Constitution any other modifications than such as are asked, 
 for by the majority of the people of this Province, whose 
 sentnnents cannot be legitimately expressed by any other 
 authority than its Representatives, this House would es- 
 teem itself wanting in candour to the people of England, 
 if it hesitated to call their attention to the fact that, in less 
 than twenty years, the population of the United States of 
 America will be as great or greater than that of Great 
 Bntam, and that of British America will be as great or 
 greater than that of the former English Colonies was when 
 the latter deemed that the time was come to decide that 
 the mappreciable advantage of governing themselves in- 
 stead of being governed, ought to engage them to repudiate 
 a system of Colonial government which was, generally speak- 
 ing, much better than that of British America now is, 
 
 61. Resolved, That the approbation expressed by the 
 Colonial Secretary in his said Despatch, of the present 
 composition of the Legislative Council, whose acts since 
 its pretended reform, have been marked by party spirit and 
 by invidious national distinctions and preferences, is a sub- 
 ject of just alarm to His Majesty's Canadian subjects in 
 general, and more particularly to the great majority of 
 them, who have not yielded at any time to any other class 
 of the inhabitants of this Province in attachment to His 
 Majesty's Government, in their love of peace and order, in 
 respect for the laws, and in their wish to effect that union 
 among the whole people which is so much to be desired, to 
 the end that all may enjoy freely and equally the rights 
 and advantages of British subjects, and of the Institutions 
 which have been guaranteed to and are dear to the country ; 
 that the distinctions and preferences aforesaid, have almost 
 constantly been used and taken advantage of by the Co- 
 lonial Administration of this Province, and the majority of 
 the Legislative Councillors, Executive Councillors, Judges, 
 and other functionaries dependent upon it ; and that no- 
 thing but the spirit of union among the several classes of 
 
e into the 
 are asked, 
 ce, whose 
 any other 
 would es- 
 England, 
 at, in less 
 States of 
 of Great 
 s great or 
 was when 
 Bcide that 
 iselves in- 
 repudiate 
 lly speak- 
 )w is, 
 d by the 
 le present 
 Lcts since 
 spirit and 
 , is a sub- 
 ibjects in 
 ijority of 
 ther class 
 nt to His 
 order, in 
 bat union 
 lesired, to 
 he rights 
 stitutions 
 country ; 
 ve almost 
 ' the Co- 
 ajority of 
 i, Judges, 
 that no- 
 ;lasses of 
 
 26 
 
 the people and their conviction that their interests are the 
 same, could have prevented collisions incompatible with 
 the prosperity and safety of the Province. 
 
 52. lienolved, That since a circumstance which did not 
 depend upon the choice of the majority of the people, their 
 French origin and their use of the French language, has 
 been made by the Colonial authorities, a pretext for abuse, 
 for exclusion, for political inferiority, for a separation of 
 rights and interests; this House now appeals to the justice 
 of His Majesty's Government and of Parliament, and to 
 the honor of the people of England. That the majority of 
 the inhabitants of this Country are in no wise disposed to 
 repudiate any one of the advantages they derive from their 
 origin, and from their descent from the French Nation, 
 which, with regard to the progress of which it has been the 
 cause in civilization in the sciences, in letters, and in the 
 arts, has never been behind the British Nation, and is now 
 the worthy rival of the latter in the advancement of the 
 cause of liberty and of the science of government; from 
 which this country derives the greatest portion of its civil 
 and ecclesiastical law, and of its scholastic and charitable 
 institutions, and of the religion, language, habits, manners 
 and customs of the great majority of its inhabitants. 
 
 53. Resolved, That our fellow subjects of British origin 
 in this Province, came to settle themselves in a country 
 " the inhabitants whereof professing the Religion of the 
 " Church of Rome, enjoyed an established form of consti- 
 " tution and system of Laws, by which their persons and 
 " their property had been protected, governed and ordered 
 " during a long series of years, from the first establishment 
 " of the Province of Canada ;" that prompted by these con- 
 siderations, and guided by the rules of justice and of the 
 law of nations, the British Parhament enacted, that " in 
 " all matters of controversy, relative to property and civil 
 " rights, resort should be had to the Laws of Canada;" 
 that when Parliament afterwards departed from the prin- 
 ciple thus recognized, firstly, by the introduction of the 
 
26 
 
 English Criminal Law, and afterwards by that of the Re- 
 presentative system, with all the Constitutional and Par- 
 liamentary Law necessary to its perfect action, it did so in 
 conformity to the sufficiently expressed wish of the Ca- 
 nadian People; and that every attempt on the part of Public 
 Functionaries, or of other persons (who on coming to settle 
 in the Province, made their condition their own voluntary 
 act,) against the existence of any portion of the Laws and 
 Institutions peculiar to the Country, and any preponderance 
 given to such persons in the Legislative and Executive 
 Councils, in the Courts of Law, or in other departments, 
 are contrary to the engagements of the British Parliament, 
 and to the rights guaranteed to His Majesty's Canadian 
 Subjects, on the faith of the national honor of England, 
 and on that of capitulations and treaties. 
 
 64. Resolved, That any combination, whether effected by 
 means of Acts of the British Parhament, obtained in con- 
 travention to its former engagements, or by means of the 
 partial and corrupt Administration of the present Consti- 
 tution and system of Law, would be a violation of those 
 rights, and would, as long as it should exist, be obeyed by 
 the people from motives of fear and constraint, and not 
 from choice and affection ;— that the conduct of the Colo- 
 nial Administrations and of their agents and instruments in 
 this Colony, has for the most part been of a nature unjustly 
 to create apprehensions as to the views of the People, and 
 Government of the Mother Country, and to endanger the 
 confidence and content of the Inhabitants of this Province, 
 which can only be secured by equal Laws, and by the ob- 
 servance of equal justice, as the rule of conduct in all the 
 Departments of the Government. 
 
 55. Resolved, That whether the number of that class of 
 His Majesty's subjects in this Province, who are of British 
 origin, be that mentioned in the said Address of the Legis- 
 lative Council, or whether (as the truth is) it amounts to 
 less than half that number, the wishes and interests of the 
 great majority of them, are common to them and to their 
 
f the Re- 
 and Par- 
 did so in 
 
 the Ca- 
 ofPublic 
 
 to settle 
 voluntary 
 >aws and 
 nderance 
 Executive 
 irtments, 
 'liaraent, 
 /anadian 
 ingland, 
 
 ected by 
 i in con- 
 is of the 
 Consti- 
 of those 
 eyed by 
 and not 
 le Colo- 
 nents in 
 injustly 
 )le, and 
 iger the 
 rovince, 
 the ob- 
 1 all the 
 
 class of 
 British 
 I Legis- 
 unts to 
 s of the 
 ;o their 
 
 27 
 
 fellow subjects of French origin, and speaking the French 
 language ; that the one class love the cbuntry of their birth, 
 the other that of their adoption ; that the greater portion 
 of the latter have acknowledged the generally beneficial 
 tendency of the Laws and Institutions of the Country, and 
 have labored in concert with the former, to introduce into 
 them gradually, and by authority of the Provincial Parlia- 
 ment, the improvements of which they have, from time to 
 time, appeared susceptible ; and have resisted the confusion 
 which it has been endeavored to introduce into them, in 
 favor of schemes of monopoly and abuse; and that all, 
 without distinction, wish anxiously for an impartial and 
 protecting Government. 
 
 66. Resolved, That in addition to administrative and ju- 
 dicial abuses which have had an injurious effect upon the 
 public welfare and confidence, attempts have been made, 
 from time to time, to induce the Parliament of the United 
 Kingdom, by deceiving its justice and abusing its benevo- 
 lent intentions, to adopt measures calculated to bring about 
 combinations of the nature above mentioned, and to pass 
 Acts of internal Legislation for this Province, having the 
 same tendency, and with regard to which the people of the 
 Country had not been consulted ; that unhappily the at- 
 tempts to obtain the passing of some of these measures were 
 successful, especially that of the Act of the sixth George 
 the Fourth, chapter fifty nine, commonly called " The Te- 
 nures Act," the repeal of which was unanimously demanded 
 by all classes of the people without distinction, through 
 their Representatives, a very short time after the number 
 of the latter was increased ; and that this House has not 
 yet been able to obtain from His Majesty's Representative 
 in this Province, or from any other source, any information 
 as to the views of His Majesty's Government in England, 
 with regard to the repeal of the said Act. 
 
 67. Resolved, That the object of the said Act was, ac- 
 cording to the benevolent intentions of Parliament, and as 
 the title of the Act sets forth, the extinction of feudal and 
 
 : 
 
38 
 
 seigniorial rights and dues on Lands held enjiefmu] ti cens 
 III this Province, with the intention of favouring the great 
 body of the inhabitants of the Country, and protecting them 
 against the said dues which were regarded as burdensome: 
 but that the provisions of the said Act, far from having the 
 effect aforesaid, afford facilities to Seigniors, to become, in 
 opposition to the interests of their Censitnires, the absolute 
 proprietors of the extensive tracts of unconceded lands, 
 which, by the Law of the Country, they held only for the 
 benefit of the inhabitants thereof, to whom they were bound 
 to concede them in consideration of certain limited dues;— 
 that the said Act, if generally acted upon, would shut out 
 the mass of the permanent inhabitants of the country from 
 the vacant lands in the seigniories, while at the sinne time 
 they have been constantly prevented from settlino- on the 
 waste lands of the Crown, on easy and liberal te "ms, and 
 under a tenure adapted to the Laws of the country, by the 
 partial, secret, and vicious manner in which the Crown 
 Land.Departmenthas been managed,and by the provisions 
 of the Act aforesaid, with regard to the Laws applicable to 
 the lands in question; and that the application made by 
 certain Seigniors for a change of tenure, under the autho- 
 rity of the said Act, appear to prove the correctness of the 
 view which this House has taken of its practical effect. 
 
 68. Resolved, That it was only in consequence of an 
 erroneous supposition that feudal charges were inherent in 
 the Law of this country, as far as the possession and trans- 
 mission of real property, and the tenures authorized by 
 that Law were concerned, that it was enacted in the 
 said Act, that the lands with regard to which a change of 
 tenure should be effected, should thereafter be held under 
 the tenure of free and common soccage ;-that the seio-. 
 niorial charges have been found burdensome in certafn 
 cases, chiefly by reason of the want of adequate means of 
 obtaining the interference of the Colonial Government and 
 of the Courts of Law, to enforce the ancient Law of the 
 country in that behalf; and that the Provincial Legisla^ 
 
irid rt cenit 
 the great 
 Ling them 
 densome: 
 avingthe 
 jcome, in 
 
 absolute 
 id lands, 
 iy for the 
 !re bound 
 
 dues; — 
 
 shut out 
 itry from 
 une time 
 ig on the 
 rms, and 
 f, by the 
 3 Crown 
 rovisions 
 icable to 
 made by 
 3 autho- 
 3s of the 
 feet, 
 e of an 
 lerent in 
 d trans- 
 ized by 
 
 in the 
 ange of 
 J under 
 le seigf- 
 
 certain 
 leans of 
 3nt and 
 ' of the 
 -iCgisla* 
 
 I 
 
 29 
 
 ture wns, moreover, fully competent to pass laws providing 
 for the redemption of the said charges, in a manner which 
 should be in accordance with the interest of all parties, 
 and for the introduction of the free tenures recognized by 
 the Laws of the country ;— that the House of Assenibly 
 has been repeatedly occupied, and now is occupied, about 
 this nnportant subject; but that the said Tenures Act, 
 insufficient of itself to effect equitably the purpose for 
 which It was passed, is of a nature to embarrass and create 
 obstacles to the effectual measures which the Legislature of 
 the country, with a full knowledge of the subject, might 
 be disposed to adopt ;— and that the application thus made 
 (to the exclusion of the Provincial Legislature,) to the 
 Parliament of the United Kingdom, which was far less 
 competent to make equitable enactments on a subject so 
 complicated in its nature, could only have been made with 
 a view to unlawful speculations, and the subversion of the 
 Laws of the country. 
 
 59. Resolved, That independently of its many other 
 serious imperfections, the said Act does not appear to have 
 been founded on a sufficient knowledge of the Laws which 
 govern persons and property in this country, when it de- 
 clares the Laws of Great Britain to be applicable to certain 
 incidents of real property therein enumerated ; and that it 
 has only served to augment the confusion and doubt which 
 had prevailed in the Courts of Law, and in private trans- 
 actions with regard to the Law which applied to lands 
 previously granted in free and common soccage. 
 
 60. Resolved, That the provision of the said Act which 
 has excited the greatest alarm, and which is most at 
 variance with the rights of the people of the country, and 
 with those of the Provincial Parliament, is that which 
 enacts that lands previously held en fief or en censive, 
 shall, after a change of tenure shall have been effected 
 with regard to them, be held in free and common soccage, 
 and thereby become subject to the laws of Great BritaTn, 
 under the several circumstances therein mentioned and 
 
30 
 
 enumerated; that besides being insufficient in itself, this 
 provision is of a nature to bring into collision in the old 
 settlements, at multiplied points of contiguity, two oppo- 
 site systems of laws, one of which is entirely unknown to 
 this country, in which it is impossible to carry it into 
 effect ; — that from the feeling manifested by the Colonial 
 Authorities and their partisans towards the Inhabitants of 
 the country, the latter have just reason to fear that the 
 enactment in question is only the prelude to the final 
 subversion, by Acts of Parliament of Great Britain frau- 
 dulently obtained in violation of its former engagements 
 of the system of Laws by which the persons and property 
 of the people of this Province were so long happily go- 
 verned. 
 
 61. Resolved, That the Inhabitants of this Country have 
 just reason to fear that the claims made to the property 
 of the Seminary of St. Sulpice at Montreal, are attributable 
 to the desire of the Colonial Administration and its agents 
 and tools, to hasten this deplorable state of things ; — and 
 that His Majesty's Government in England would, by 
 re-assuring His faithful Subjects on this point, dissipate 
 the alarm felt by the Clergy, and by the whole People 
 without distinction, and merit their sincere gratitude. 
 
 62. Resolved, That it is the duty of this House to persist 
 in asking for the absolute repeal of the said Tenures Act; 
 and until such repeal shall be effected, to propose to the 
 other Branches of the Provincial Parliament, such mea- 
 sures as may be adapted to weaken the pernicious effects of 
 the said Act. 
 
 63. Resolved, That this House has learned with regret 
 from one of the said Despatches of the Colonial Secretary, 
 that His Majesty has been advised to interfere in a matter 
 which concerns the privileges of this House ; and that in 
 the case there alluded to, this House exercised a privilege 
 solemnly established by the House of Commons, before the 
 principle on which it rests became the Law of the land ; 
 
 fnaf fnia nritrilofvo la oocanfiol tn 4V>a C«%Jn>.^^J~_ -/* ^V^. 
 
 ....«« ,...•< I^..T ..'>^g>, .t^ ^KT^^uKtu* \,\r fcUv iXJUCUdiUCtlUC UI lUiS 
 
self, this 
 I the old 
 wo oppo- 
 tnown to 
 y it into 
 Colonial 
 )itants of 
 that the 
 the final 
 ain frau- 
 igements 
 property 
 )pily go- 
 
 itry have 
 property 
 :ibutable 
 ts agents 
 ;s ; — and 
 )uld, by 
 dissipate 
 i People 
 de. 
 
 ;o persist 
 res Act J 
 se to the 
 ch mea- 
 sffects of 
 
 ;h regret 
 ecretary, 
 a matter 
 1 that in 
 privilege 
 sfore the 
 land ;— 
 
 * -,/• aX. • 
 ^ Ul iUlS 
 
 31 
 
 House, and to the freedom of its votes and proceedings-; 
 that the Resolutions passed by this House on the 15th of 
 February 1831, are Constitutional and well founded, and 
 are supported by the example of the Commons of Great 
 Britain ; that this House has repeatedly passed Bills for 
 giving effect to the said principle, but that these Bills failed 
 to become Law, at first from the obstacles opposed to them 
 in another Branch of the Provincial Legislature, and sub- 
 sequently by reason of the reservation of the last of the 
 said Bills for the signification of His Majesty's pleasure in 
 England, whence it has not yet been sent back ; that until 
 some Bill to the same effect shall become Law, this House 
 persists in the said Resolutions; and that the refusal of 
 His Excellency the present Governor in Chief, to sign a 
 Writ for the Election of a Knight Representative for the 
 County of Montreal, in the place of Dominique Mondelet, 
 Esquire, whose seat had been declared vacant, is a grie- 
 vance of which this House is entitled to obtain the redress, 
 and one which would alone have suflSced to put an end to 
 all intercourse between it and the Colonial Executive, if 
 the circumstances of the Country had not offered an infi- 
 nite number of other abuses and grievances against which 
 it is urgently necessary to remonstrate. 
 
 64. Resolved, That the claims which have for many 
 years been set up by the Executive Government, to that 
 control over, and power of appropriating, a great portion 
 of the Revenues levied in this Province, which belong of 
 right to this House, are contrary to its rights and to "the 
 Constitution of the Country ; and that with regard to the 
 said claims, this House persists in the declarations it has 
 heretofore made. 
 
 65. Resolved, That the said claims of the Executive have 
 been vague and varying; that the documents relative to the 
 said claims, and the Accounts and Estimates of Expenses 
 laid before this House, have likewise been varying and 
 irregular, and insufficient to enable this House to proceed 
 with a full understanding of the subject on the matters to 
 
32 
 
 which they related ; that important heads of the Public 
 Revenue of the Province, collected under the provisions of 
 the Law, or under arbitrary regulations made by the Exe- 
 cutive, have been omitted in the said Accounts ; that nu- 
 merous items have been paid out of the Public Revenue, 
 without the authority of this House, or any acknowledg- 
 ment of its control over them, as salaries for sinecure offices, 
 which are not recognised by this House, and even for other 
 objects for which, after mature deliberation, it had not 
 deemed it expedient to appropriate any portion of the Public 
 Revenue ; and that no Accounts of the sums so expended 
 have been laid before this House. 
 
 66. Resolved, That the Executive Government has en- 
 deavoured, by means of the arbitrary regulations aforesaid, 
 and particularly by the sale of the waste lands of the Crowi , 
 and of the timber on the same, to create for itself out of 
 the revenue which this House only has the ri-^ht of appro- 
 priating, resources independent of the con'.rol of the Re- 
 presentatives of the People ; and that the result has been a 
 diminution of the wholesome infiuence ;'hich the people 
 have constitutionally the right of exercising over the Ad- 
 ministrative Branch of the Government, and over the spirit 
 and tendency of its measures. 
 
 67. Resolved, That this House having from time to time, 
 with a view to proceed by Bill to restore regularity to the 
 financial system of the Province, and to provide for the 
 Expenses of the Administration of Justice and of His 
 Majesty's Civil Government therein, asked the Provincial 
 Executive by Address, for divers documents and accounts 
 relating to financial matters, and to abuses connected with 
 them, has met with repeated refusals, more especially dur- 
 ing the present Session and the preceding one : that divers 
 subordinate public functionaries summoned to appear before 
 Committees of this House, to give information on the said 
 subject, have refused to do so, in pursuance of the said 
 claim set up by the Provincial Administrations, to withdraw 
 a large portion of the public income and expenditure from 
 
the Public 
 revisions of 
 ly the Exe-- 
 ; that nu- 
 c Revenue, 
 ;knowledg- 
 ;ure offices, 
 m for other 
 t had not 
 ' the Public 
 ) expended 
 
 nt has en- 
 i aforesaid, 
 thd Crowi , 
 self out of 
 t of appro- 
 of the Re- 
 has been a 
 the people 
 ;r the Ad- 
 r the spirit 
 
 ne to time, 
 'ity to the 
 le for the 
 id of His 
 Provincial 
 1 accounts 
 jcted with 
 lially dur- 
 hat divers 
 ear before 
 n the said 
 r the said 
 withdraw 
 tare froni 
 
 33 
 
 the control, and even fi-om the knowledge of this House ; 
 that during the present Session, one of the said subordi- 
 nate functionaries of the Executive being called upon to 
 produce the originals of sundry Registers of Warrants and 
 Reports, which it was important to this House to cause to 
 be examined, insisted on being present at the deliberations 
 of the Committee appointed by the House for that purpose ; 
 . and that the head of the administration being informed of 
 the fact, refrained from interfering, although in conformity 
 to Parliamentary usage, this House had pledged itself that 
 the said Documents should be returned, and although the 
 Governor in Chief had himself promised communication 
 of them. 
 
 68. Resolved, That the result of the secret and unlawful 
 distribution of a large portion of the Public Revenue of 
 the Province has been, that the Executive Government has 
 always, except with regard to appropriations for objects of 
 a local nature, considered itself bound to account for the 
 public money, to the Lords Commissioners of the Treasury 
 in England, and not to this House, nor according to its 
 votes, or even in conformity to the Laws passed by the 
 Provincial Legislature ; and that the accounts and state- 
 ments laid before this House, from time to time, have never 
 assumed the shape of a regular system of balanced accounts, 
 but have been drawn up one after another, with such alter- 
 ations and irregularities as it pleased the Administration of 
 the day to introduce into them, from the accounts kept 
 with the Lords of the Treasury, in which the whole public 
 money received was included as well as all the items of 
 expenditure, whether authorized or unauthorized by the 
 Provincial Legislature. 
 
 69. Resolved, That the pretensions and abuses aforesaid, 
 have taken away from this House even the shadow of control 
 over the Public Revenue of the Province, and have ren- 
 dered it impossible for it to ascertain at any time the amount 
 of the Revenue collected, the disposable amount of the 
 same, and the sums required for the public service ; and 
 
 D 
 
34 
 
 that the House having, during many years, passed Bills, of 
 which the models are to be found in the Statute Book of 
 Great Britain, to establish a regular system of accounta- 
 bility and responsibility in the department connected with 
 the receipt and expenditure of the Revenue, these Bills 
 have failed in the Legislative Council. 
 
 70. Resolved, That since the last Session of the Pro- 
 vincial Parliament, the Governor in Chief of this Province 
 and the Members of the Executive Government, relying 
 on the pretensions above mentioned, have without any law- 
 ful authority paid large sums out of the Public Revenue, 
 subject to the control of this House; and that the said 
 sums were divided according to their pleasure, and even in 
 contradiction to the votes of this House as incorporated in 
 the Supply Bill passed by it during the last Session and 
 rejected by the Legislative Council. 
 
 71. Resolved, That this House will hold responsible for 
 all monies which have been or may hereafter be paid, other- 
 wise than under the authority of an Act of the Legislature, 
 or upon an Address of this House, out of the Public Re- 
 venue of the Province, all those who may have authorized 
 such payments or participated therein, until the said sums 
 shall have been reimbursed, or a Bill or Bills of Indem- 
 nity freely passed by this House shall have become Law. 
 
 72. Resolved, That the course adopted by this House in 
 the Supply Bill passed during the last Session, of attach- 
 ing certain conditions to certain votes, for the purpose of 
 preventing the accumulation of incompatible offices in the 
 same persons, and of obtaining the redress of certain abuses 
 and grievances, is wise and constitutional, and has fre- 
 quently been adopted by the House of Commons, under 
 analogous circumstances ; and that if the Commons of 
 England do not now so frequently recur to it, it is because 
 they have happily obtained the entire control of the Re- 
 venue of the Nation, and because the respect shewn to 
 their opinions with regard to the redress of grievances 
 and abuses, by the other constituted authorities, has regu- 
 lated the working of the Constitution in a manner equally 
 
35 
 
 adapted to give stability to His Majesty's Government, and 
 to protect the interests of the People. 
 
 73. Resolved, That it was anciently the practice of the 
 House of Commons, to withhold Supplies until grievances 
 were redressed ; and that in following this course in the 
 present conjuncture, we are warranted in our proceedings, 
 as well by the most approved precedents as by the spirit of 
 
 ahe Constitution itself. 
 
 74. Resolved, That if hereafter, when the redress of all 
 grievances and abuses shall have been effected, this House 
 should deem it fit and expedient to grant Supplies, it 
 ought not to do so, otherwise than in the manner mentioned 
 m Its fifth and sixth Resolutions of the sixteenth of March, 
 1833, and by appropriating by its votes, in an especial 
 inanner, and in the order in which they are enumerated in 
 the said Resolutions, the full amount of those heads of 
 Revenue, to the right of appropriating which claims have 
 been set up by the Executive Government. 
 
 75. Resolved, That the number of the Inhabitants of the 
 Country being about 600,000, those of French oi.gln are 
 about 525,000, and those of British or other origin, 75,000 ; 
 and that the establishment of the Civil Government of 
 Lower Canada, for the year 1832, according to the yearly 
 Returns made by the Provincial Administration, for the 
 information of the British Parliament, contained the names 
 of 157 Officers and others receiving Salaries, who are ap- 
 parently of British or Foreign origin, and the names of 47 
 who are, apparently, natives of the Country, of French ori- 
 gin ; that this statement does not exhibit the whole dispro- 
 portion which exists in t' e distribution of the public money 
 and power, the latter class being for the most part appointed 
 to the inferior and less lucrative offices, and most frequently 
 only obtaining even these, by becoming the dependents of 
 those who hold the higher and more lucrative offices ; that 
 the accumulation of many of the best paid and most influ- 
 ential, and at the same time incompatible offices in the same 
 person, which is forbidden by the laws and by sound polic-, 
 exists especially for the benefit of the former class Tand 
 
36 
 
 that two-thirds of the persons included in the last Com- 
 mission of the Peace issued in the Province, are appa- 
 rently of British or Foreign origin, and one-third only of 
 French origin. 
 
 76. Resolved, That this partial and abusive practice of 
 bestowing the great majority of oflScial places in the Pro- 
 vince, on those only who are least connected with its per- 
 manent interests, and with the mass of its Inhabitants, 
 has been most especially remarkable in the Judicial Depart- 
 ment, the Judges for the three great Di . 'iaving, with 
 the exception of one only in each, bei ystematically 
 chosen from that class of persons who, being born out of 
 the Country, are the least versed in its laws, and in the 
 language and usages of the majority of its Inhabitants ; 
 that the result of their intermeddling in the politics of the 
 Country, of their connection with the Members of the 
 Colonial Administrations, and of their prejudices in favor 
 of institutions foreign to and at variance with those of the 
 Country, is that the majority of the said Judges have in- 
 troduced great irregularity into the general system of our 
 Jurisprudence, by neglecting to ground their decisions on 
 its recognized principles ; and that the claim laid by the 
 said Judges to the power of regulating the forms of legal 
 proceedings, in a mariner contrary to the laws and without 
 the interference of the Legislature, has frequently been ex- 
 tended to the fundamental rules of the law and of practice ; 
 and that in consequence of the same system the Adminis- 
 tration of the Criminal Law is partial and uncertain, and 
 such as to afford but little protection to the Subject, and has 
 failed to inspire that confidence which ought to be its in- 
 separable companion. 
 
 77. Resolved, That in consequence of their connection 
 with the Members of the Provincial Administrations, and 
 of their antipathy to the Country, some of the said Judges 
 have, in violation of the laws, attempted to abolish the use 
 in the Courts of Law, of the language spoken by the ma- 
 jority of the Inhabitants of the Country, which is neces- 
 sary, to the free action of the laws and forms a portion of 
 
sions on 
 
 37 
 
 the usages guaranteed to them in the most solemn manner 
 by the Law of Nations and by Statutes of the British 
 Parliament. 
 
 78. Resolved, That some of the said Judges, through 
 partiality for political purposes, and in violation of the 
 Crimmal Law of England as established in this Country, 
 of their duty and of their oath, have connived with divers 
 Law Officers of the Crown, acting in the interest of the 
 Provmcial Administration, to allow the latter to engross 
 and monopolize all criminal prosecutions of what nature 
 soever, without allowing the private prosecutor to intervene 
 or be heard, or any Advocate to express his opinion as 
 9micus curia, when the Crown Officers opposed it; that in 
 consequence of this, numerous prosecutions of a political 
 nature have been brought in the Courts of Law by the 
 Crown Officers, against those whose opinions were unfa- 
 vourable to the Administration for the time being ; while it 
 was impossible for the very numerous class of His Majesty's 
 Subjects to which the latter belonged, to commence with 
 the slightest confidence, any prosecution against those who 
 being protected by the Administration, and having counte- 
 nanced its acts of violence, had been guilty of crimes or 
 misdemeanors ; that the Tribunals aforesaid have, as far as 
 the persons composing them are concerned, undergone no 
 modification whatever, and inspire the same fears for the 
 future. 
 
 79. Resolved, That this House, as representing the Peo- 
 ple of this Province, possesses of rip^ht, and has exercised 
 withm this Province, when occasion xias required it, all the 
 powers, privileges and immunities claimed and possessed 
 by the Commons House of Parliament, in the United 
 Kingdom of Great Britain and Ireland. 
 , 80. Resolved, That it is one of the undoubted privileges 
 of this House, to send for all persons, papers and records, 
 and to command the attendance of all persons. Civil or 
 Military, resident within the Province, as witnesses, in all 
 investigations which this House may deem it expedient to 
 
38 
 
 institute; and to require such witnesses to produce all 
 papers and records in their keeping, whenever it shall 
 deem it conducive to the public good to do so. 
 
 81. Resolved, That as the Grand Inquest of the Pro- 
 vince, it is the duty of this House to inquire concerning all 
 grievances, and all circumstances which may endanger the 
 general welfare of the inhabitants of the Province, or be 
 of a nature to excite alarm in them, with regard to their 
 lives, their liberty, or their property, to the end that such 
 representations may be made to our Most Gracious Sove- 
 reign, or such Legislative measures introduced, as may lead 
 to the redress of such grievances, or tend to allay such 
 alarm; and that far from having a right to impede the 
 exercise of these rights and privileges, the Governor in 
 Chief is deputed by his Sovereign, is invested with great 
 powers, and receives a large salary, as much for defending 
 the rights of the Subject, and facilitating the exercise of 
 the privileges of this House, and of all constituted bodies, 
 as for maintaining the Prerogatives of the Crown.. 
 
 82. Resolved, That since the commencement of the pre- 
 sent Session, a great number of Petitions, relating to the 
 infinite variety of objects connected with the public welfare, 
 have been presented to this House, and many Messages 
 and important communications received by it, both from 
 His Majesty's Government in England, and from His Ma- 
 jesty's Provincial Government; that many Bills have been 
 introduced in this House, and many important inquiries 
 ordered by it, in several of which, the Governor in Chief 
 IS personally and deeply implicated ; that the said Petitions 
 from our Constituents, the people of all parts of this Pro- 
 vince,— the said communications from His Majesty's 
 Government in England, and from the Provincial Govern- 
 ment,--the said Bills already introduced, or in preparation, 
 —the said inquiries commenced and intended to be dili- 
 gently prosecuted, may and must necessitate the presence 
 ot numerous witnesses, the production of numerous papers 
 the employment of numerous Clerks, Messengers, and 
 
duce all 
 it shall 
 
 the Pro- 
 rning: all 
 nger the 
 :e, or be 
 
 to their 
 lat such 
 IS Sove- 
 nay lead 
 ay such 
 )ede the 
 3rnor in 
 th great 
 ifending 
 jrcise of 
 
 bodies, 
 
 the pre- 
 J to the 
 welfare, 
 essages 
 ;h from 
 lis Ma- 
 ve been 
 iquiries 
 a Chief 
 etitions 
 is Pro- 
 ajesty's 
 Jovern- 
 iration, 
 be dili- 
 resence 
 papers, 
 s, and 
 
 39 
 
 Assistants, and much printing, and lead to inevitable and 
 daily disbursements, forming the contingent expenses of 
 this House. 
 
 83. Resolved, That from the year 1792 to the present, 
 advances had constantly been made to meet these expenses, 
 on Addresses similar to that presented this year by this 
 House, to the Governor in Chief, according to the practice 
 adopted by the House of Commons ; that an Address of 
 this kind is the most solemn vote of credit which this 
 House can pass, and that almost the whole amount of a 
 sum exceeding £277,000, has been advanced on such votes 
 by the Predecessors of His Excellency the Governor in 
 Chief, and by himself, (as he acknowledges by his Message 
 of the eighteenth of January, 1834,) without any risk 
 having been incurred by any other Governor on account of 
 any such advance, although several of them have had dif- 
 ferences, attended by violence and injustice on their part, 
 with the House of Assembly, and without their apprehend- 
 mg that the then next Parliament would not be disposed 
 to make good the engagements of the House of Assembly 
 for the time being : and that this refusal of the Governor 
 in Chief, in the present instance, essentially impedes the 
 despatch of the business for which the Parliament was 
 called together, is derogatory to the rights and honor of 
 this House, and forms another grievance for which the 
 present Administration of this Province is responsible. 
 
 84. Resolved, That besides the grievances and abuses 
 beforementioned, there exist in this Province a great num- 
 ber of others (a part of which existed before the commence- 
 ment of the present Administration, which has maintained 
 them and is the author of a portion of them,) with regard 
 to which this House reserves, to itself the right of complain- 
 ing and demanding reparation, and the number of which 
 is too great to allow of their being enumerated here : that 
 this House points out, as among that number : — 
 
 1st. The vicious composition and the irresponsibility of 
 the Executive Council, the Members of which are at the 
 
40 
 
 • 
 
 same time Judges of the Court of Appeals; and the secrecy 
 with which not only the functions, but even the names of 
 the Members of that body have been kept from the know- 
 ledge of this House, when inquiries have been instituted 
 by it on the subject. 
 
 2ndly. The exorbitant fees illegally exacted in certain 
 of the public offices, and in others connected with the 
 Judicial Department, under regulations made by the Ex- 
 ecutive Council, by the Judges, and by other functionaries 
 usurping the powers of the Legislature. 
 
 3rdly. The practice of illegally calling upon the Judges 
 to give their opinions secretly on questions which may 
 afterwards be publicly and contradictorily argued before 
 them; and the opinions themselves so given by the said 
 Judges, as political partizans, in opposition to the Law, 
 but in favor of the Administration for the time being. 
 
 4thly. The cumulation of pubHc places and offices in the 
 same persons, and the effiarts made by a number of fami- 
 lies connected with the Administration, to perpetuate this 
 state of things for their own advantage, and for the sake 
 of domineering for ever, with interested views and in the 
 spirit of party, over the People and their Representatives. 
 
 5thly. The intermeddling of Members of the Legislative 
 Council in the Elections of the Representatives of the 
 People, for the purpose of influencing and controlling them 
 by force ; and the selection frequently made of Returning 
 Officers for the purpose of securing the same partial and 
 corrupt ends ; — the interference of the present Governor in 
 Chief himself in the said Elections ; his approval of the 
 intermeddling of the said Legislative Councillors in the 
 said Elections ; the partiality with which he intervened in 
 the Judicial proceedings connected with the said Elections, 
 for the purpose of influencing the said proceedings in a 
 manner favorable to the Military Power, and contrary to 
 the independence of the Judicial Power; and the applause 
 which, as Commander of the Forces, he bestowed upon 
 the sanguinary execution of the citizens by the soldiery. 
 
41 
 
 - 6thly. The interference of the armed Military force at 
 such Elections, through which three peaceable citizens, 
 whose exertions were necessary to the support of their 
 families, and who were strangers to the agitation of the 
 Election, were shot dead in the streets : the applause be- 
 stowed by the Governor in Chief and Commander of the 
 Forces on the authors of this sanguinary military execution 
 (who had not been acquitted by a petty jury) for the firm- 
 ness and discipline displayed by them on that occasion. 
 
 7thly. The various faulty and partial systems which have 
 been followed evtr since the passing of the Constitutional 
 Act, with regard to the waste lands in this Province, and 
 have rendered it impossible for the great majority of the 
 people of the country to settle on the said lands ; the 
 fraudulent and illegal manner in which, contrary to hia 
 Majesty's instructions, Governors, Legislative and Execu- 
 tive Councillors, Judges, and subordinate officers have ap- 
 propriated to themselves large tracts of the said lands; the 
 monopoly of an extensive portion of the said lands in the 
 hands of speculators residing in England, with which the 
 Province is now threatened ; and the alarm generally felt 
 therein with regard to the alleged participation of His 
 Majesty's Government in this scheme, without its having 
 deigned to re-assure His faithful subjects on this head, or 
 to reply to the humble Address to His Majesty, adopted by 
 this House during the last Session. 
 
 8thly. The increase of tlie Expenses of the Government 
 without the authority of the Legislature, and the dispro- 
 .portion of the salaries paid to public functionaries, to the 
 services performed by them, to the rent of real property, 
 and to the ordinary income commanded by the exertions 
 of persons possessing talent, industry, and economy equal 
 to, or greater than, those of the said functionaries. 
 
 9thly. The want of all recourse in the Courts of Law on 
 the part of those who have just and legal claims on the 
 Government. 
 
42 
 
 lOthly. The too frequent reservation of Bills for the sig- 
 nification of His Majesty's pleasure, and the neglect of the 
 Colonial Office to consider such Bills, a great number of 
 which have never been sent back to the Province, and 
 some of which have even been returned so late, that doubts 
 may be entertained as to the validity of the sanction given 
 to them — a circumstance which has introduced irregularity 
 and uncertainty mto the Legislation of the Province, and 
 is felt by this House as an impediment to the re-intro- 
 duction of the Bills reserved during the then preceding 
 Session. 
 
 llthly. The neglect on the part of the Colonial Office 
 to give any answer to certain addresses transmitted by this 
 House on important subjects ; the practice followed by the 
 Administration, of communicating in an incomplete manner, 
 and by extracts, and frequently without giving their dates, 
 the Despatches received from time to time, on subjects 
 which have engaged the attention of this House ; and the 
 too frequent references to the opinion of His Majesty's 
 Ministers in England, on the part of the Provincial Admi- 
 nistration, upon points which it is in their power and with- 
 in their province to decide. 
 
 12thly. The unjust retention of the College at Quebec, 
 which forms part of the Estates of the late Order of Jesuits, 
 and which from a College, has been transformed into a 
 Barrack for Soldiers ; the renewal of the lease of a con- 
 siderable portion of the same Estates, by the Provincial 
 Executive, in favor of a Member of the Legislative Coun- 
 cil, since those Estates were returned to the Legislature, 
 and in opposition to the prayer of this House, and to the 
 known wishes of a great number of His Majesty's Subjects 
 to obtain lands there and to settle on them ; and the refusal 
 of the said Executive to communicate the said lease, and 
 other information on the subject, to this House. 
 • 13thly. The obstacles unjustly opposed by an Executive 
 friendly to abuses and to ignorance, to the establishment 
 of Colleges endowed by virtuous and disinterested men, for 
 
)r tlie s\<r- 
 
 O 
 
 lect of the 
 lumber of 
 'ince, and 
 lat doubts 
 tion given 
 regularity 
 ^ince, and 
 re-intro- 
 preceding 
 
 lial Office 
 !d by this 
 ed by the 
 i manner, 
 eir dates, 
 subjects 
 and the 
 Majesty's 
 al Admi- 
 ind with- 
 
 Quebec, 
 if Jesuits, 
 d into a 
 )f a con- 
 rovincial 
 re Coun- 
 jislature, 
 d to the 
 Subjects 
 e refusal 
 ase, and 
 
 xecutive 
 ishment 
 men, for 
 
 43 
 
 the purpose of meeting the growing desire of the People 
 for the careful education of their Children. 
 
 14thly. The refusal of justice with regard to the accusa- 
 tions brought by this House, in the name of the People, 
 against Judges, for flagrant acts of malversation, and for 
 ignorance and violation of the Law. 
 
 lothly. The refusals on the part of the Governors, and 
 more especially of the present Governor in Chief, to com- 
 municate to this House the information asked for by it, 
 from time to time, and which it had a right to obtain, on a 
 great number of subjects connected with the public busi- 
 ness of the Province. 
 
 16thly. The refusal of His Majesty's Government to 
 reimburse to the Province, the amount for which the late 
 Receiver General was a defaulter, and its neglect to enforce 
 the recourse which the Province was entitled to against the 
 property and person of the said late Receiver General. 
 
 85. Resolved, That the facts mentioned in the foregoing 
 Resolutions, demonstrate that the Laws and Constitution 
 of the Provmce have not, at any period, been administered 
 in a manner more contrary to the interests of His Majesty's 
 Government, and to the rights of the people of this Pro- 
 vince, than under the present Administration, and render 
 It necessary that His Excellency, IMatthew Lord Aylmerof 
 Balrath, the present Governor in Chief of this Province,, 
 be formally accused by this House, of having, while acting 
 as Governor, in contradiction to the wishes of the Imperial 
 Parliament, and to the instructions he may have received, 
 and against the honor and dignity of the Crown, and the 
 rights and privileges of this House and the People whom it 
 represents, so recomposed the Legislative Council, as to 
 augment the dissensions which rend this Colony ; of having 
 seriously impeded the labors of this House, acting as the 
 grand mquest of the Country; of having disposed of the 
 Public Revenue of the Province, against the consent of the 
 Representatives of the people, and in violation of the Law 
 4!..o„ , ,j^ ixaViHg mammmea existing abuses, 
 
44 
 
 and created new ones ; of having refused to sign a Writ for 
 the Election of a Representative to fill a vacancy which 
 had happened in this House, and to complete the number 
 of Representatives established by law for this Province; 
 and that this House expects from the honor, patriotism and 
 justice of the Reformed Parliament of the United Kingdom, 
 that the Commons of the said Parliament will bring Im- 
 .peachments, and will support such Impeachments before 
 the House of Lords, against the said Matthew Lord Aylmer, 
 for his illegal, unjust and unconstitutional Administration 
 of the Government of this Province ; and against such of 
 the wicked and perverse advisers who have misled him, as 
 this House may hereafter accuse, if there be no means of 
 obtaining justice against them in the Province, or at the 
 hands of His Majesty's Executive Government in England. 
 
 86. Resolved, That this House hopes and believes, that 
 the independent Members of both Houses of the Parliament 
 of the United Kingdom, will be disposed, both from in- 
 clination and a sense of duty, to support the accusations 
 brought by this House, to watch over the preservation of 
 its rights and privileges, which have been so frequently and 
 violently attacked, more especially by the present Adminis- 
 tration, and so to act, that the people of this Province may 
 not be forced by oppression to regret their dependence on 
 the British Empire, and to seek elsewhere a remedy for 
 their afflictions. 
 
 87. Resolved, That this House learned with gratitude, 
 that Daniel O'Connell, Esquire, had given notice in the 
 House of Commons, in July last, that during the present 
 Session of the Imperial Parliament, he would call its atten- 
 tion to the necessity of reforming the Legislative and 
 Executive Councils in the two Canadas; and that the 
 interest thus shown for our own fate by him whom the 
 gratitude and blessings of his countrymen have, with the 
 applause of the whole civilized world, proclaimed Great 
 and Liberator, and of whom our fellow countrymen 
 entertain corresponding sentiments^ keeps alive in uf? the 
 
. Writ for 
 ly which 
 I number 
 Province ; 
 )tism and 
 kingdom, 
 >ring Im- 
 its before 
 i Aylmer, 
 listration 
 t such of 
 i him, as 
 means of 
 or at the 
 England, 
 ves, that 
 irliament 
 from in- 
 jusations 
 i^ation of 
 ;ntly and 
 \^dminis- 
 nce may 
 lence on 
 nedy for 
 
 ratitude, 
 e in the 
 
 present 
 ts atten- 
 ;ive and 
 that the 
 tiom the 
 with the 
 id Great 
 titrymen 
 
 u;? the 
 
 45 
 
 hope, that through the goodness of our cause, and the 
 services of such a friend, the British Parliament will not 
 permit a Minister, deceived by the interested represen- 
 tations of the Provincial Administration, and its creatures 
 and tools, (as there is reason, from his Despatches, to 
 apprehend that he may attempt to do) the highest degree 
 of oppression, in favor of a system which in better times 
 he characterized as faulty, and against Subjects of His 
 Majesty who are apparently only known to him by the 
 great patience with which they have waited in vain for 
 promised reforms. 
 
 88. Resolved, That this House has the same confidence 
 in Joseph Hume, Esquire, and feels the same gratitude for 
 the anxiety which he has repeatedly shewn for the good 
 Government of these Colonies, and the amelioration of 
 their laws and constitutions, and calls upon the said 
 Daniel O'Connell and Joseph Hume, Esquires, whose con- 
 stant devotedness was, even under a Tory Ministry, and 
 before the Reform of Parliament, partially successful in the 
 emancipation of Ireland, from the same bondage, and the 
 same political inferiority with which the communications 
 received from the Colonial Secretary during the present 
 Session, menace the People of Lower Canada, to use their 
 efforts that the Laws and Constitution of this Province 
 may be amended in the manner demanded by the people 
 thereof J that the abuses and grievances of which the 
 latter have to complain, may be fully and entirely re- 
 dressed ; and that the Laws and Constitution may be 
 hereafter administered in a manner consonant with justice, 
 with the honor of the Crown, and of the people of Eng- 
 land, and with the rights, liberties and privileges of the 
 people of this Province, and of this House by which they 
 are represented. 
 
 89. Resolved, That this House invites the Members 
 of the minority of the Legislative Council who partake 
 the opinions of the neoplsj the present Members of the 
 House of Assembly until the next General Election, and 
 
46 
 
 afterwards all the Members then elected, and such other 
 persons as they may associate with them, to form one 
 Committee or two Committees of Correspondence, to sit at 
 Quebec and Montreal in the first instance, and afterwards 
 at such place as they shall think proper; the said Com- 
 mittees to communicate with each other and with the 
 several local Committees which may be formed in different 
 parts of the Province, and to enter into correspondence 
 with the Honorable Denis Benjamin Viger, the Agent of 
 this Province in England, with the said Daniel O'Connell 
 and Joseph Hume, Esquires, and with such other Members 
 of the House of Lords, or the House of Commons, and such 
 other persons in the United Kingdom of Great Britain and 
 Ireland, ar they may deem expedient, for the purpose of 
 supporting the claims of the people of this Province, and of 
 this House; of furnishing such information, documents, 
 and opinions as they may think adapted to make known 
 the state, wishes and wants of the Province : the said 
 Committees also to correspond with such persons as they 
 shall think proper, in the other British Colonies, which 
 are all interested that the most populous of their sister 
 Colonies do not sink under the violent attempt to perpe- 
 tuate the abuses and evils which result as well from the 
 vices of its Constitution as from the combined malver- 
 sation of the Administrative, Legislative and Judicial De- 
 partments, out of which have sprung insult and oppression 
 for the people,— and by a necessary consequence, hatred 
 and contempt on their part for the Provincial Govern- 
 ment. 
 
 90. Resolved, That the Honorable Denis Benjamin Viger 
 be requested to remain at the seat of His Majesty's Go- 
 vernment, at least during the present Session of the Impe- 
 rial Parliament, to continue to watch over the interests of 
 the Province, with the same zeal and the same devotedness 
 as heretofore, without suffering himself to be discouraged 
 by mere formal objections on the part of those who are un- 
 
 wi 
 
 11 
 
 mg to listen to the complaints of the country. 
 
uch other 
 form one 
 !, to sit at 
 fterwards 
 aid Com- 
 with the 
 
 different 
 pondence 
 Agent of 
 )'Connell 
 Members 
 and such 
 itain and 
 irpose of 
 ;e, and of 
 cuments, 
 e known 
 the said 
 
 as they 
 IS, which 
 3ir sister 
 to perpe- 
 from the 
 
 malver- 
 icial De- 
 ►pression 
 J, hatred 
 Govern- 
 in Viger 
 ty*s Go- 
 le Impe- 
 erests of 
 otedness 
 ouraged 
 
 are un- 
 
 47 
 
 91. Resolved, That the fair and reasonable expenses of 
 the said two Committees of Correspondence, incurred by 
 them in the performance of the duties entrusted to them by 
 this House, are a debt which it contracts towards them ; 
 and that the Representatives of the People are bound in 
 honor to use all constitutional means to reimburse such ex- 
 penses to the said Committees, or to such persons as may 
 advance money to them for the purposes above mentioned. 
 
 92. Resolved, That the Message from His Excellency 
 the Governor in Chief, received on the thirteenth of January 
 last, and relating to the Writ of Election for the County of 
 Montreal, with the extract from a Despatch which accom- 
 panied it; the Message from the same, received the same 
 day, and relating to the Supply Bill, and the Message from 
 the same, received on the fourteenth of January last, with 
 the extract from a Despatch which accompanied it, be ex- 
 punged from the Journals of this House. 
 
 Attest, 
 
 W. B. LINDSAY, 
 
 Clk. Assembly. 
 
 [Extract from the Journals.] 
 
 Mr. Bedard moved, seconded by Mr. Morin, That four 
 hundred Copies of the said Resolutions in the French Lan- 
 guage, and four hundred Copies in the English Language, 
 as passed by this House, be printed for the use of the 
 Members of this House. 
 
 The House divided on the Question : 
 
 Yeas, 
 
 Messieurs Amiot, Archambeault, Bedard, Bertrand, Bes- 
 serer, Blanchard, Boissonnault, Boufftird, Bourdages, Bu- 
 reau, Careau, Cazeau, Courteau, Child, DeBleury, Deligny, 
 
48 
 
 Deschamps, De Tonnancour, De Witt, Dionne, Jacques 
 Dorion, Pierre Antoine Dorion, Drolet, Fortin, Girouard, 
 Guillet, Godbout, Huot, Kimber, Lafontaine, Larue, Leslie, 
 Letourneau, Masson, Methot, Morin, Mousseau, Noel, 
 Poulin, Proulx, Raymond, Rivard, Rocbrune, Rochon, 
 Rodier, Scott, Simon, Antoine Charles Taschereau, Pierre 
 ElzearTaschereau, Tessier, Toomy, Trudel,Turgeon,Valois, 
 Vanfelson and Viger. (56.) 
 
 Nays, 
 
 Messieurs Anderson, Baker, Berthelet, Caldwell, Cas- 
 grain, Cuvillier, Davis, Duval, Goodhue, Gugy, Hoyle, 
 Knowlton, Languedoc, Le Boutillier, Lemay, Neilson, 
 Power, Quesnel, Stuart, Taylor, Wood, Wright, Wurtele 
 and Young. (24.) 
 
 So it was carried in the Affirmative, and 
 
 Ordered, Accordingly. 
 
49 
 
 le, Jacques 
 1, Girouard, 
 arue, Leslie, 
 jeau, Noel, 
 e, Rochon, 
 eau, Pierre 
 ;eon,Valois, 
 
 3 well, Cas- 
 gy, Hoyle, 
 r, Neilson, 
 it, Wurtele 
 
 [Lord Aylmer's Despatch of the bth of March, 
 1834, addressed to the Right Honorable Mr. 
 Stanley.'] 
 
 Silt, 
 
 Quebec, 5M March, 1834. 
 
 In my Despatches of the 13th of January (No. 2.), and 
 of the 22d of the same month (No. 3), I had the honor 
 of reporting to you the opening of the Session of the Pro- 
 vincial Parliament of Lower Canada, on the 7th of January 
 and the failure of Mr. Bourdages' attempt to prevent the 
 House of Assembly from proceeding to business, by reviv- 
 ing their Resolutions of last Session, to hold no further in- 
 tercourse with me, in consequence of my refusal to si^n a 
 Writ for the Election of a Member of the House of Assem- 
 bly, m place of the Hon. Dominique Mondelet, who had 
 been deprived of his seat on the authority of a Resolution 
 of the House, for having accepted the Office of Executive 
 Councillor. 
 
 Immediately upon receiving the Address of the House 
 of Assembly m answer to my opening Speech, I sent down 
 (on the 13th of January,) two Messages, one relating to 
 the financial difficulties of the Local Government, and an- 
 other commumcating the views of His Majesty's Govern- 
 ment regarding the case of Mr. Mondelet; and on the 
 following day (the 14th of January,) I sent down another 
 Message to the House of Assembly, conveying the answer 
 ot His Majesty s Government to the Address of the House 
 (transmitted towards the close of last Session), upon the 
 subject of the Legislative Council. Copies of the three 
 Messages above-mentioned will be found amongst the 
 accompanying Documents. 
 
60 
 
 Instead of proceeding at once to the consideration of the 
 financial difficulties of the Local Government, which, in 
 obedience to the instructions received by me, had been so 
 urgently pressed upon their early attention, a Call of the 
 House was ordered for a distant day (the 15th of February), 
 for the purpose of taking the state of the Province into 
 consideration. This proceeding appeared the more re- 
 markable from the circumstance of a very considerable 
 number of the Members being present in their places — 
 very few, in fact, were absent when the Call of the House 
 was ordered. 
 
 This delay in entering upon the consideration of a 
 subject to which so much interest was attached by His 
 Majesty's Government, and which, in fact, was of vital 
 importance, was not calculated to create very sanguine 
 expectations as to the disposition of the House of Assembly 
 to relieve the financial difficulties of the Local Govern- 
 ment — it inspired me, on the contrary, with serious appre- 
 hensions for the result, which were not a little increased 
 when, not many days afterwards, an address was presented 
 to me from the House of Assembly, praying for the issue of 
 my warrant for seven thousand pounds on account, towards 
 defraying their contingent expenses. 
 
 This eagerness to provide for their own wants, whilst the 
 consideration even of those of the Government was deferred 
 to a distant day, excited in my mind (I must confess) 
 sinister suspicions as to the ultimate intentions of the 
 House. I decided, therefore, to decline incurring any 
 further responsibility in making the advance applied for; 
 and without entering into the whole of my motives for 
 doing so in my answer to their address, I assigned such as 
 appeared to me sufficient to justify ray refusal ; these will 
 be found stated in my Message in answer to the Address 
 of the House of Assembly, to which I take leave to call 
 your particular attention, as well as to the Report of the 
 Committee to which it was referred, because of the import- 
 ance which has been attached to this subject by the House 
 
n of the 
 lich, in 
 been so 
 I of the 
 bruary), 
 ice into 
 lore re- 
 iderable 
 )laces — 
 } House 
 
 on of a 
 
 by His 
 
 of vital 
 
 anguine 
 
 ssembly 
 
 Govern- 
 
 s appre- 
 
 icreased 
 
 resented 
 
 issue of 
 
 towards 
 
 hilst the 
 deferred 
 confess) 
 5 of the 
 ing any 
 lied for; 
 tives for 
 such as 
 hese will 
 Address 
 e to call 
 ft of the 
 ) import- 
 16 House 
 
 51 
 
 of Assembly in the ninety-two Resolutions subsequently 
 adopted by them. 
 
 To have made a large advance by means of an account- 
 able warrant to relieve the House of Assembly from the 
 pressure of engagements entered into for their own pur- 
 poses, at a moment when the Officers of Government were 
 labouring under the most serious embarrassments, and 
 some of them almost in a state of destitution, for want of 
 the salaries to which they are justly entitled in remunera- 
 tion of their services, appeared to me to be an act which 
 would have justly exposed me to the reproach of having 
 sacrificed their interests to an unmerited compliance with 
 the wishes of the House of Assembly. 
 
 But this is not all. The House of Assembly had during 
 the last Session, received upon their addresses nearly the 
 whole amount of the estimate of their contingent expenses 
 for the year ending in October 1833, which estimate, it is 
 to be observed, is included in the General Estimate of the 
 expenses of the Civil Government, and the Administration 
 of Justice for that year still remaining to be provided for 
 by Legislative Enactments ; and it appears, moreover, by 
 an Official Statement of the Contingent Expenses of the 
 Assembly, published towards the close of last year, that 
 the House had contracted engagements, or incurred ex- 
 penses to nearly the amount of the advance (seven thou- 
 sand pounds) above referred to, which Statement included 
 salaries and allowances not recognized by legal enact- 
 ments, and which, therefore, could not have been adniicted 
 in any issue made to the House ; so that even supposing 
 I could have felt justified in waiving the objections stated 
 in my answer to their Address, and the other objections 
 arising out of my regard for the interests of the public 
 officers as above stated, I must have fallen at once into 
 another difficulty, caused by the Items of Illegal Salaries 
 and Appointments included in the Statement of the Ex- 
 penses of the House, unless^ (which my experience of th^ 
 
62 
 
 House of Assembly could hardly justify me in anticipating) 
 they could have been induced to forego the right they 
 have assumed to create offices, and to assign salaries and 
 appointments upon their own single authority. 
 
 Such were the circumstances under which I felt bound 
 to withhold my warrant for the issue of seven thousand 
 pounds on the application of the House of Assembly. 
 Their own Committee in their Report (of which a copy is 
 herewith transmitted,) have clearly pointed out the course 
 by which the House might, at least, have attempted the 
 removal of my objections to a compliance with their wishes ; 
 but, instead of adopting that course, the House have pre- 
 ferred adding this to the mass of complaints contained in 
 their ninety-two Resolutions, which I shall have occasion 
 to notice presently. 
 
 In obedience to the Order for the Call of the House, the 
 names of the Members were called over on the 15th ultimo ; 
 three only v/ere found absent, and those who answered to 
 their names amounted to eighty-three. Little business was 
 done for some days, during which a long set of Resolutions 
 were in preparation, which were on the 18th ultimo, to the 
 number of ninety-two, laid upon the Table of the House : 
 on the 19th the House in Committee proceeded to the con- 
 sideration of the Resolutions, when it was moved by Mr. 
 Neilson to substitute others in place of them, his motion 
 was lost, however, by a large majority. The whole of the 
 ninety-two Resolutions have been since passed in a Com- 
 mittee of the whole House, concurred in by the House with- 
 out amendment, and referred to a Committee, with instruc- 
 tions to draft an Address upon them, to the three branches 
 of the Imperial Parliament. 
 
 The division upon the question of Concurrence iq the 
 House, was 56 for, and 24 against th^ Resolutions. 
 
 It is a circumstance deserving notice, that Messrs. Neil- 
 son and Cuvillier, two of the three Members (the third the 
 Hon. D. B. Viger, now a Legislative Councillor, is absent 
 
53 
 
 from the Province), deputed to England in 1828 to support 
 the petitions addressed to the Imperial Parliament by the 
 people of this Province, voted with the minority. 
 
 I have now the honor of transmitting a copy of these 
 ninety-two Resolutions; but before I proceed to offer any 
 observations upon them, I cannot avoid pointing out to 
 your notice the extraordinary change which has taken 
 place m the sentiments and views of the House of Assem- 
 bly of Lower Canada within the last few years, as more 
 particularly appears by their Resolutions upon the Dis- 
 patch of Viscount Goderich, of the 7th of July 1831, a 
 copy of which Resolution^, dated 24th of November 1831, 
 is herewith transmitted, commencing with the following 
 words .-—Resolved, "That this House views with senti- 
 " ments of gratitude the gracious expressions of His Ma- 
 " jesty's paternal regard for the welfare and happiness of 
 II His Subjects in this Province, and the proofs of a just 
 " and liberal policy towards them, contained in the Dis- 
 " patch of His Majesty's Principal Secretary of State for 
 " the Colonial Department, dated the 7th of July last," &c. 
 The whole tenor of the ninety-two Resolutions now 
 transmitted, is, unhappily, not only at variance with the 
 Resolutions above referred to, but is calculated to excite at 
 a distance the most lively apprehensions for the tranquillity 
 of the Province, which I am eager to anticipate, with the 
 assurance that no just grounds exist for entertaining any 
 such apprehensions. 
 
 When a grave and deliberative body like the House of 
 Assembly, representing a population exceeding half a mil- 
 lion of persons, expresses its hatred of the order of things 
 to which it owes its political existence, and of the Autho- 
 rities entrusted with the management of its affairs, in 
 violent and vituperative language, which would hardly 
 be recorded in the proceedings of a tumultuous, popular 
 meeting, acting under the influence of highly excited feel- 
 ings, it will very naturally be inferred that the whole popu- 
 lation of the Province must be in a most alarming state of 
 agitation, and that the language of the House of Assembly 
 
$4 
 
 is but an echo of the sentiments of the people, loudly and 
 vehemently expressed from one end of the Country to the 
 other. 
 
 It affords me great satisfaction, however, to be able to 
 assure you that the very reverse of this is the fact. The 
 People of the Province are everywhere perfectly tranquil, 
 and I have no knowledge of any Public Meetings having 
 taken place in connexion with the proceedings of the House 
 of Assembly, although efforts have not been wanting to 
 accomplish that object. 
 
 The vehemence of feeling which breathes throughout 
 the ninety-two Resolutions of the Hcase of Assembly, is 
 confined to the walls of that Assembly, and to a very 
 limited number of individuals in certain parts of the 
 Country. 
 
 The main object which the House of Assembly appear 
 to have in view, is to get rid of the Constitution granted 
 to this Province by the wisdom of the British Parliament, 
 in the year 1791, in order to be at liberty to undertake the 
 «earch after some other form of Government, better suited, 
 a? they pretend, to the wishes, manners, and social habits 
 of the people. 
 
 It would, I apprehend, be foreign to my duty as the 
 King's Servant, deputed by His Majesty to administer the 
 Government of this Province according to the Laws now 
 in force, to follow the House of Assembly beyond the limits 
 of the Constitution; but it is necessary that I should notice 
 the salient points of their Resolutions, in so far as they 
 affect the Local Administration of the Province, for the 
 purpose of furnishing such facts and explanations as may 
 be necessary to lead to a just estimate of the Statements 
 they contain. These points may be classed under eleven 
 heads, which shall be considered separately as follows : — 
 
 1. The Legislative Council. 
 
 2. The Executive CounciL 
 
 3. The Waste Lands of the Crown. 
 
 4. The Case of Mr. Mondelet. 
 
 6. The interference of the Military Force at Elections, 
 
66 
 
 6. The Canada Tenures Act. 
 
 7. Control of the Revenue. 
 
 8. Withholding Public Documents by the Executive 
 
 during the present Session. 
 
 9. Payments made by the Executive without lawful 
 
 authority. 
 
 10. Contingent Expenses of the House of Assembly. 
 
 11. Misconduct of Public Officers. 
 
 1. The Legislative Council. 
 
 Since the date of the Report of the Committee rf the 
 House of Coram, ns upon the affairs of the Canadas, the 
 recommendations of which Committee have, until a late 
 period, been constantly invoked by the House of Assembly 
 of Lower Canada, as containing remedies for the various 
 evils of which they complain, and amongst others the com- 
 position of the Legislative and Executive Councils, the 
 former of these bodies (the Legislative Council) has under- 
 gone important changes, all tending to render it more and 
 more independent of the Crown than it was at the period 
 above referred to. This fact is fully established by the 
 following Statement. 
 
 Two Legislative Counsellors, Puisne Judges of the Court 
 of King's Bench for the District of Quebec (Messrs. Kerr 
 and Bowen) have abstained from sitting and voting in the 
 Legislative Council on being informed of the determination 
 of His Majesty not to appoint Puisne Judges to be Legis- 
 lative Counsellors in future. 
 
 The following additions have been made to the Legis- 
 lative Council subsequent to the period above referred to, 
 namely, 
 
 Messrs. the Honorable 
 1. S. Hatt, 
 
 Appointed during the Administra- 
 tion of Sir James Kempt. 
 
 2. D. B. Viger,* 
 
 3. Louis Guy,* 
 
 •s. Geoi'gc Maffat,^ 
 
66 
 
 1. R. de St. Ours,* 
 
 2. Peter M'Gill, 
 
 3. John Molson, 
 
 4. M. P. de Sales Laterrier^ * 
 6. F. X. Malhiot,* 
 
 6. J. Dessaulles,* 
 
 7. B. Joliette,* 
 
 8. P. de Rocheblaue,* 
 
 9. R. Harwood, 
 
 10. A. Couillard,* 
 
 11. Horatio Gates, 
 
 12. R. Jones, 
 
 13. J. Baxter, 
 
 14. Francis Quirouet,* 
 
 Appointed during the Ad- 
 ministration of Lord 
 Aylmer. 
 
 In all eighteen, of whom ten (their names are marked 
 by an asterisk,) are of French origin, or as they are usually 
 styled in this Province (unhappily, I think, as tending to 
 keep up national distinction,) French Canadians, to distin- 
 guish them from Canadians of a different origin. 
 
 Not one of those eighteen gentlemen holds office, or is 
 in any way connected with or dependent upon the Govern- 
 ment of the Province. 
 
 The actual state of the Legislative Council is as fol- 
 lows : — It consists of thirty-five Members, taken from the 
 most opulent and respectable classes of society of various 
 origin, in different parts of one Province, of whom seven 
 only hold office, including their Speaker (the Chief Justice 
 of the Province,) and the Lord Bishop of Quebec, who is 
 rarely present at the deliberations of the Council. 
 
 It would be difficult, perhaps, to find in any British 
 Colony a Legislative Body more independent of the Crown 
 than the Legislative Council of Lower Canada ; and so far 
 am I from possessing, as the King's Representative, any 
 influence there, that I will not conceal, that I have on 
 more than one occasion regretted the course adopted by 
 the Council. But whilst I make this confession, I will not 
 deny but I have, on the contrary, much satisfaction in 
 avowing, that I repose great confidence in that branch of 
 
67 
 
 the Colonial Legislature ; — it is a confidence derived from 
 my knowledge of the upright, independent, and honorable 
 character of the great majority of those who compose it, 
 and of their firm and unalterable attachment to His Majes- 
 ty's Person and Government, and to the Constitution of 
 the Colony as by Law established. 
 
 My sentiments regarding the present Legislative Council 
 are not of recent date, or displayed now to serve the pur- 
 pose of the moment — they are already recorded more fully 
 in my Dispatch of the 27th of March 1833, upon the 
 Address of the House of Assembly to His Majesty of the 
 20th of March 1833, to render the Legislative Council 
 elective, or to do away with it altogether; and to that 
 Dispatch I now take the liberty of referring. 
 
 any 
 
 2. The Executive Council. 
 
 In enumerating the changes which have taken place in 
 the Executive Council, I will refer, as in the case of the 
 Legislative Council, to the date of the Report of the 
 Committee of the House of Commons on the affairs of 
 Canada. 
 
 The following are the changes alluded to, as having 
 occurred subsequent to that period. 
 
 The Chief Justice of the Province^ 
 (Chairman) 
 
 The Hon. Mr. Hale, Receiver- 
 General of the Province, 
 
 The Hon. Mr. Justice Kerr, Puisne ^ 
 Judge of the Court of Kings' I 
 Bench for the District of Quebec, }- Withdrawn, 
 and Judge Surrogate of the Court 
 of Vice Admiralty, 
 
 The appointments, and recommendations for appoint- 
 ments, subsequent to the period above referred to, are as 
 follows ; namely. 
 
 J 
 
 } 
 
 Resigned. 
 Resigned. 
 
Recommended during 
 the Administration of 
 Lord Aylmer, 
 
 U 
 
 1. L. J. Papineau, Speaker of " 
 
 the House of Assembly, 
 
 2. J. Neilson, 
 
 3. P. Panet, 
 
 4. Dom. Mondelet, 
 
 5. H agues Heney, 
 
 Of the above-named Gentlemen, Messrs. Papineau and 
 Neilson, for reasons assigned by them, respectfully declined 
 the honor intended by His Majesty, of appointing them to 
 be Members of the Executive Council. 
 
 The Hon. P. Panet took his seat, and assisted at the 
 deliberations of the Executive Council, until removed to 
 the Bench, as a Puisne Judge for the District of Quebec. 
 The Hon. Mr. Mondelet is now an Executive Councillor, 
 and has been deprived of his seat as a Member of the 
 House of Assembly, by a Resolution of the House, in con- 
 sequence of his acceptance of that office. 
 
 And the Hon. Mr. Heney, now an Executive Councillor, 
 IS also a Law Clerk of the House of Assembly. 
 
 Four of the five Gentlemen above-named are of French 
 origin, and it is a circumstance worthy of notice with refer- 
 ence to the complaints of the House of Assembly, of the 
 "vicious composition" (as they allege) of the Executive 
 Council, that these Gentlemen were all Members of the 
 House of Assembly, and all belonged to what is termed the 
 popular or Canadian Party in that House. 
 
 I have already, in the several communications which I 
 have had the honor of addressing to the Secretary of State 
 for the Colonial Department of the following dates, 15th 
 July 1831, No. 61— 5th May 1832, No. 39— and 13th De- 
 cember 1832, No. 103 (and to which 1 now take ;,he liberty 
 to refer), taken occasion to remark upon the functions of 
 the Executive Council, and upon the difficulty of obtaining 
 the services of competent persons as Members of it, if the 
 principle of excluding those holding other offices is to ba 
 acted upon; and I will, therefore, only observe generally 
 upon the present occasion that it appears to me highly 
 
ied during 
 nistration of 
 oier, 
 
 ^pineau and 
 illy declined 
 ting them to 
 
 isted at the 
 removed to 
 of Quebec. 
 5 Councillor, 
 nber of the 
 •use, in con- 
 Councillor, 
 
 *e of French 
 ; with refer- 
 ibly, of the 
 I Executive 
 bers of the 
 termed the 
 
 •ns which I 
 iry of State 
 dates, 15th 
 d 13th De- 
 vhe liberty 
 unctions of 
 f obtaining 
 3f it, if the 
 es is to be 
 5 generally 
 me highly 
 
 S9 
 
 desirable that the Executive Council should be divested of 
 its functions as a Court of Appeals ; but that it should still 
 continue to be a Board of Final Audit of Public Accounts, 
 assisted by a subordinate Board of Audit, the establish- 
 ment of which would render the two distinct, and often 
 conflicting, officers of Inspector-General and Auditor-Gene- 
 ral of Accounts no longer necessary. 
 
 This subject has been already under the consideration 
 of the Provincial Legislature, in furtherance of the recom- 
 mendation of Viscount Goderich, communicated in his 
 Lordship's Despatch of the 1st of December 1830, and 
 Bills have passed the House of Assembly in each of the 
 three last Sessions, for the establishment of a Board of 
 Audit; but having been amended by the Legislative Coun- 
 cil, these Bills have been ultimately lost, in consequence 
 of the interference of the House of Assembly with tiie pre- 
 rogative of the Crown, in naming in the body of the Bills 
 the individuals (selected by the House) to compose the 
 Board, providing for their holding office during good be- 
 haviour, and for their removal from office on the single 
 address of the House of Assembly^ 
 
 3. The Waste Lands of the Crown. 
 
 The " fraudulent and illegal manner" in which the waste 
 lands of the Crown are asserted by the House of Assembly 
 to have been disposed of, appears to have no reference to 
 dates ; so that probably the charge embraces a long series 
 of years., and certainly cannot be made to apply to the 
 present time, since the Governor of the Pruvince has not 
 the power, such at least has been the rule ever since I 
 have administered the Government of it, to grant a single 
 acre of the Crown lands without the authority of the Secre- 
 tary of State, previously obtained, or under regulations 
 sanctioned by His Majesty's Government. As to the com- 
 plaints of the House of Assembly, with reference to the 
 establishment of a Land Company in England, and the 
 
60 
 
 transfer to that Company of an extensive portion of those 
 lands, I have only this observation to offer, that the right 
 of the Crown to the disposal of the waste lands of the 
 Province, is a right acquired by conquest, and confirmed 
 by treaties. 
 
 4. The Case of Mr. Mondelet. 
 
 The alleged interference of the Executive Government 
 of the Province with the privileges of the House of Assem- 
 bly, during the last Session, in the case of Mr. Mondelet. 
 This subject of complaint having been disposed of by His 
 Majesty's Government, I will only here take the liberty of 
 referring to the dates of my several Despatches in relation 
 to it, which, with their accompanying documents, will be 
 found to contain ample information on that subject, as 
 follows: November 29th, 1832, No. 100; December 27th, 
 1832, No. 105; March 20th, 1833, No. 27. 
 
 6. The Interference of the Military Force at Elections. 
 
 The interference of the military force at elections, by 
 which I apprehend is meant the employment of the mili- 
 tary force, under the directions jf the civil authorities in 
 the suppression of a riot, which took place at Montreal, in 
 the month of May 1832, at the time when an election was 
 going forward of a Representative for the West Ward of 
 that City. 
 
 This, as well as the foregoing subject of complaint, on 
 the part of the House of Assembly, having been already 
 disposed of by His Majesty's Government, it will perhaps 
 be sufficient merely to refer to the dates of my several 
 Despatches in relation to it, as follows; namely, 31st May 
 1832, No. 43; 6th June 1832, No. 46; 7th June 1832, 
 separate ; 7th September 1832, No. 76 ; 24th September 
 1832, No. 82. 
 
 It is, however, worthy of remark, that the House of As- 
 sembly has been engaged in a most laborious invpstioafinn 
 
on of those 
 it the right 
 iiids of the 
 1 confirmed 
 
 jovernraent 
 i of Assem- 
 . Mondelet. 
 I of by His 
 e liberty of 
 in relation 
 its, will be 
 subject, as 
 mber 27th, 
 
 Elections. 
 
 jctions, by 
 f the mili- 
 horities in 
 ontreal, in 
 jction was 
 t Ward of 
 
 iplaint, on 
 m already 
 11 perhaps 
 tiy several 
 31st May 
 line 1832, 
 September 
 
 ise of As- 
 
 flstioafinn 
 
 D " 
 
 61 
 
 of this subject during the whole of the last and present 
 Sessions : and it is generally supposed that few, if any, 
 witnesses have even yet been examined in disculpation of 
 the parties implicated by the House ; at all events, it is 
 certain that the Committee of the whole House, which has 
 been so engaged, have not yet made their report, and yet 
 the subject of this solemn inquiry, still pending, is described 
 in the Resolutions of the House of Assembly as " a san- 
 guinary execution of the citizens by the soldiery." 
 
 6. The Canada Tenures Act. 
 
 It must be taken for granted that this subject was well 
 and duly considered by His Majesty's Government before 
 recommending it to the consideration of the Imperial Par- 
 liament. I will therefore only take the liberty of observing 
 that, having been now for a considerable time in operation, 
 the effects of the Tenures Act have become interwoven to 
 a degree which must unavoidably increase every day with 
 the concerns of the inhabitants of the Province in relation 
 to their property; and that the observance of extreme cau- 
 tion will therefore be necessary in making any attempt to 
 alter or modify its provisions. 
 
 7. Control of the Revenue, 
 
 I have only to remark, under this head, that the House 
 of Assembly assert a right to control the whole of the 
 revenue raised in the Province, without excepting the pro- 
 duce of the sales of the Crown lands, and of licences to cut 
 timber. 
 
 8. Withholding Public Documents by the Executive during 
 
 the present Session. 
 
 Amongst the accompanying Documents will be found a 
 statement of the substances of Addresses of the House of 
 Assembly, and of any answers presented to me since the 
 
02 
 
 commencement of the present Session, praying for informa- 
 tion upon various subjects of local interest. They are 26 
 in number, to all of which favorable answers have been re- 
 turned, excepting four instances, in which, for reasons which 
 I am prepared to state if necessary, the information sought 
 for was denied. But I must positively deny the truth of 
 the assertion of the House of Assembly, that I have refused 
 to interfere in cases where public officers have withheld (as 
 they allege,) information when required to furnish it. The 
 opportunity of doing so has never been afforded me, since 
 I have no knowledge through the means of any regular 
 and Parliamentary communication of any such information 
 having been withheld ; nor do I believe it has been in fact 
 withheld, but that, on the contrary, the public officers 
 examined before the Committees of the House of Assembly 
 have shown the greatest readiness, as in duty bound, to 
 furnish the desired information. Some (as I have been 
 told) have very properly declined divesting themselves, 
 without authority from the Executive Government, of the 
 public documents in their charge, produced for the inspec- 
 tion of the Committees of the House of Assembly, for 
 the purpose of leaving them in the hands of those Com- 
 mittees ; and it is very obvious, that if the practice, which 
 the Hou 5e of Assembly appears desirous of establishing, 
 were t- obtain, a large portion of the public documents of 
 the Province would be transferred during an entire Session 
 to the Committee-rooms of the House of Assembly, to the 
 great interruption of the ordinary business of the Depart- 
 ments concerned, to say nothing of the risk of loss or 
 damage to the documents themselves whilst in possession 
 of the Committees. 
 
 9. Paifments made by the Executive without lawful 
 
 Authority. 
 
 It is asserted by the House of Assembly, in their seven- 
 tiet\ Resolution, that since the last Session of the Provinr 
 
for informa- 
 They are 26 
 ive been re- 
 asons which 
 ition sought 
 the truth of 
 lave refused 
 rt^ithheld (as 
 ish it. The 
 'd me, since 
 any regular 
 information 
 been in fact 
 blic officers 
 3f Assembly 
 y bound, to 
 have been 
 themselves, 
 lent, of the 
 the inspec- 
 sembly, for 
 those Com- 
 3tice, which 
 stablishing, 
 cuments of 
 tire Session 
 :»bly, to the 
 ;he Depart- 
 of loss or 
 possession 
 
 lawful 
 
 heir seven- 
 he Provinr 
 
 69 
 
 cial Parliament, the Governor-in-Chief of the Province 
 and the Members of the Executive Government have, 
 without any lawful authority, paid large sums out of the 
 Fublic Revenue, subject to the control of the House. 
 
 The payments here alluded to, are evidently those which 
 have been made during the last year, of part of the sala- 
 ries of public officers, and on account of other public ser- 
 vices, lu pursuance of the instructions of His Majesty'a 
 Government, and under the authority of the existing laws 
 of the Province; no other payments have been made out of 
 the pubhc funds, excepting one connected with the public 
 health, which has been sanctioned without hesitation by 
 the House of Assembly during the present Session. 
 
 10. Contingent Expenses of the House of Assembly. 
 
 An application for the issue of a warrant for 7,000/. 
 during the present Session, towards defraying the contin- 
 gent expenses of the House of Assembly, refused by the 
 Governor. This subject has been noticed in the foregoing 
 part of this despatch, to which it more properly belongs. 
 
 11. Misconduct of Public Officers. 
 
 The misconduct of public officers in the discharge of 
 their duty. The wholesale assertions (if I may be per- 
 mitted to use the expression) of the House of Assembly 
 imputmg corrupt motives, and misconduct in the discharge 
 of their duty, to persons in authority in the province, can 
 only be met, in their present shape, by a general and un- 
 qualified contradiction. 
 
 I have already noticed the communications made to the 
 House of Assembly, in pursuance of your instructions; 
 first, in my speech at the opening of the Session, and after- 
 wards by message, regarding the financial difficulties of the 
 Local Go -rnment, caused by the failure of the Supply 
 Bill of last year. It is with much regret that I have now 
 
 1 
 
 J 
 
64 
 
 further to report that, for the result of these communi- 
 cations, I have only to refer to the 92nd resolution of the 
 House of Assembly, which directs that my message of the 
 13th of January, relating to the Supply Bill (along with 
 others therein mentioned), shall be expunged from their 
 journals. 
 
 This matter having been thus unceremoniously disposed 
 of by the House of Assembly, it now devolves upon His 
 Majesty's Government to provide for the exigencies of the 
 public service in this province. 
 
 The accompanying memoranda, in which all details that 
 appeared to be unnecessary have been avoided, will, I hope, 
 be found to contain sufficient information for that purpose. 
 
 I cannot here avoid most earnestly to solicit the early 
 attention of His Majesty's Government to this important 
 subject ; for our daily increasing difficulties are such as to 
 excite lively apprehensions for the very existence of the 
 King's Government in the province, from the want of means 
 to carry on its ordinary operations. 
 
 The salaries of some of the public officers are now ten 
 months, and of others thirteen months, in arrear. To alle- 
 viate in some degree their distress, arising from this unpre- 
 cedented circumstance, I purpose making a similar advance 
 to that authorized by your despatch of the 6th of June, 
 1833, No. 13, to be charged upon the same funds, being 
 those which are at the disposal of the Crown towards 
 defraying the expenses of the civil government and the 
 administration of justice. But this can only prove a tem- 
 porary relief: and unless speedily followed by the payment 
 of the balance due on account of their salaries, will not 
 effectually relieve the distresses of the public officers. 
 
 Without entering further than has been already done 
 incidentally, in the foregoing part of this despatch, into the 
 various subjects of complaint against myself, interspersed 
 throughout the 92 Resolutions of the House of Assembly, I 
 think it necessary to make one brief remark in relation to 
 the 85th resolution, wherein the House of Coraiiwus is 
 
e communi- 
 lution of the 
 ssage of the 
 (along with 
 from their 
 
 sly disposed 
 s upon His 
 sncies of the 
 
 details that 
 will, I hope, 
 lat purpose, 
 it the early 
 s important 
 3 such as to 
 ence of the 
 int of means 
 
 are now ten 
 ir. To alle- 
 i this unpre- 
 ilar advance 
 th of June, 
 iunds, being 
 wn towards 
 3nt and the 
 )rove a tem- 
 he payment 
 es, will not 
 fficers. 
 Iready done 
 tch, into the 
 interspersed 
 Assembly, I 
 a relation to 
 ^oramoiis is 
 
 65 
 
 called upon to bring and to support impeachments against 
 me before the House of Lords, which is this : that, when- 
 ever called upon by competent authority, I shall be found 
 prepared to defend my administration of tiie government of 
 this province, at all points and upon the shortest notice, 
 against any specific and intelligible charges that may be 
 brought against it. 
 
 But I hasten to quit this subject, for the guilt or inno- 
 cence of an individual is of little importance compared with 
 the great interests of the province now at stake ; and I 
 take leave most anxiously and earnestly to beseech His 
 Majesty's Government to consider, that to whatever causes 
 the present state of Lower Canada may be truly ascribed, 
 whether to vices in the administration of its affairs past 
 and present, to the disappointed ambition of factious and 
 evil designing men, or toother causes inherent in the struc- 
 ture of its society, this at least is certain, that the affairs 
 of this noble province have been brought into such a 
 condition, that unless the Imperial Parliament can be 
 induced to interpose its supreme authority in relieving the 
 Local Government from the difficulties with which it is 
 encompassed, and in providing against the recurrence of 
 them hereafter, the authority of the King's Government 
 in the province must be virtually extinguished, and the 
 institutions of the country set adrift under the guidance of 
 those heads in which the 92 resolutions of the House of 
 Assembly were engendered. 
 
 The disrespectful reception givm to His Majesty's gra- 
 cious communications, by the existing House of Assembly 
 on various occasions, has not escaped the notice or the 
 animadversions of His Majesty's Government, and the 
 same marked disrespect is to be traced in certain pro- 
 ceedings of that assembly regarding myself; these cer- 
 tainly would have drawn from me appropriate remarks in 
 my communications to the House of Assembly, had I not 
 been withheld by important considerations arising out of 
 the peculiar circumstances of the colony. 
 
m 
 
 -> The true character of the dominant party in the House 
 of Assembly has long been known to me, and I have always 
 been thoroughly persuaded that it was only by suffering 
 that party to pursue, without interruption, the headlong 
 career upon which they had entered, that their schemes 
 would be fully developed and made apparent to the public ; 
 time and patience alone were wanting to bring about this 
 desirable result, which at length has been accomplished 
 through the me ms of their own acts. The party which 
 has so long governed the House of Assembly may now be 
 seen by all in their true colours. In their 92 resolutions, 
 and the Addresses of the House of Assembly, founded upon 
 those resolutions, they have traced their own portrait, which 
 is now held up by themselves to the view of His Majesty 
 and the Imperial Parliament. This is enough ; one single 
 touch by another hand might injure the resemblance. 
 
 I have, &c. 
 
 (signed) Aylmer. 
 
 P. S. — I take the liberty of calling to your recollection, 
 that the present Parliament of Lower Canada, which was 
 convened in the month of October, 1830, upon the demise 
 of His late Majesty, will expire, under the provisions of the 
 Constitutional Act of 1791, in the month of October next. 
 
 (signed) A. 
 
 
67 
 
 the House 
 ave always 
 ^ suffering 
 i headlong 
 ir schemes 
 the public ; 
 about this 
 :omplished 
 irty which 
 iay now be 
 resolutions, 
 nded upon 
 rait, which 
 is Majesty 
 one single 
 iance. 
 
 LMER. 
 
 ecollection, 
 which was 
 the demise 
 iions of the 
 ober next. 
 
 A. 
 
 [Message to the House of Assembly, relative to the failu 
 of the Supply Bill of last year. '] 
 
 The Governor in Chief, in the speech with which he 
 opened the present Session, apprised the House of Assembly 
 that it would be his duty to make a special communication 
 to them, in relation to the inconvenience which has been 
 experienced in carrying on the public service in consequence 
 of the failure of the Supply Bill for the financial year ending 
 in the month of October last. He now has to inform tl 
 House that, although the inconvenience alluded to has been 
 mitigated to a certain extent by the application of f utrds at 
 the disposal of the Crown, the distress of the public officers, 
 arising from the non-payment of the salaries to which they 
 are justly entitled in remuneration of their services, and the 
 deficiency of available means towards carrying on the public 
 service in other important branches of the administration, 
 have at length brought the local . government into such 
 straits and diffipulties, that unless speedily relieved through 
 the intervention of the Legislature, the King's service and 
 the interests of the province must inevitably be exposed, to 
 great and serious injury. In order to make the House of 
 Assembly acquainted with the extent to which provisions 
 will be required on account of the service of the financial 
 year ending in October last, the accompanying statement 
 has been drawn up, exhibiting the several items of the esti- 
 mates sent down tp the House during the last session, the 
 amount since paid.on account of each item, and the balance 
 now remaining to be provided for. , > • 
 
 The funds appropriated by acts of the Provincial Legisla- 
 ture, and others at tb^ disposal of the Crown, for the sup- 
 port of the civil government and the administration of 
 justice, which have been resorted to forthe payments already 
 made, are the followinsr. namelv : 
 

 68 
 
 Annual aid to His Majesty, by the Provincial Act 
 35th Geo. 3. 
 
 Proceeds of - - - ditto - - - ditto - - - 
 41st Geo. 3. 
 
 Casual and territorial reverme. 
 Having thus far fulfilkd iu« duty in laying before the 
 House of Assembly am waius aad difficulties of the exe- 
 cutive government, the Governor in Chief now informs the 
 House, that having transmitted to the Secretary of State a 
 copy of the Supply Bill, as it passed the Assembly, and was 
 afterwards rejected by the Legislative Coui.cil, lie has been 
 instructed to point out the constitutional objections to 
 which that Bill is liable. 
 
 The various conditions which require that certain oncers 
 should not be members of the executive or legislative 
 councils, must be considered (in parliamentary language) 
 "Tacks," the effect of which is to introduce changes in the 
 laws by the decision of a single branch of the legislature. 
 To tack a bill of supply demanded by the exigencies of the 
 State, a clause or enactment not properly connected with it, 
 in order to compel the Crown or the upper house to make 
 their choice between the loss of the supply with all the con- 
 sequent mischiefs on the one hand, or the adoption of a 
 measure which they disapprove on the other, is a practice 
 which, though formerly attempted in the mother country, 
 has long since discontinued, as directly tending to wrest 
 from the King and the peers their share in the general legis- 
 lation of Parliament. 
 
 Therefore, had the consideration of the very serious 
 inconvenience sustained from the loss of the Supply Bill, 
 induced the Legislative Council to sanction the bill of last 
 year, in the form in which it left the House of Assembly, 
 the Governor in Chief has been given to understand that 
 His Majesty could not have been advised to give his sanc- 
 tion to the enactment. 
 
 Nevertheless, the Governor in Chief has been directed to 
 express to the House of Assembly the readiness of His Ma- 
 
tcial Act 
 
 efore the 
 the exe- 
 brms the 
 >f State a 
 , and was 
 has been 
 ctions to 
 
 n oncers 
 jgislative 
 mguage) 
 r.isin the 
 yislature. 
 les of the 
 d with it, 
 to make 
 I the con- 
 bion of a 
 , practice 
 country, 
 to wrest 
 iral legis- 
 
 serious 
 ply Bill, 
 U of last 
 assembly, 
 tand that 
 his sanc- 
 
 rected to 
 His Ma- 
 
 G9 
 
 jesty's Government to co-operate in rendering all public 
 functionaries as independent as possible; but at the same 
 time to mark the necessity for such provisions taking place 
 by enactment, and not by resolution of one branch of the 
 legislature. 
 
 Castle of St. Lewis, 
 Quebec, 13 January, 1834. 
 
 [Message to the House of Assemble/, relative to the expulsion 
 of Mr. Mondelet during the last Session.] 
 
 Towards the close of the last Session, an Address from 
 the House of Assembl v was presented to the Governor in 
 Chief, praying that he \vould be pleased to communicate to 
 the House the circumstances and reasons which had retarded 
 the execution of the warrant for the issuing of a writ for the 
 election of a representative for the county of Montreal, in 
 the place of the Honourable Dominique Mondelet, Esq., 
 whose seat was declared vacant by the House on the 21st of 
 November, 1832. 
 
 In answer to that address, the Governor in Chief com- 
 municated to the House the fact of his having withheld his 
 signature to the said writ, stating some of the motives which 
 influenced him on that occasion, derived from the proceed- 
 ings of the House itself in regard to the vacating of the 
 seats of members who should accept office under Govern- 
 ment ; and the Governor in Chief informed the House of 
 Assembly that the subject of their address had been referred 
 by him to His Majesty's Government, praying for instruc- 
 tions for his guidance, which when received should be com- 
 municated to the House. The Governor in Chief now 
 informs the House of A- embly, that in answer to his refer* 
 ence he has received from the Secretary of State a despatch, 
 from whicL the following extract in relation to the case of 
 Mr. Mondelet is transmitted for the information of the 
 House, 
 
to. 
 
 " I am in the first place to signify to you my entire ap- 
 probation of your Lordship's conduct in declining to affix 
 your name to the new writ for the election of a member for 
 the county of Montreal, in the room of Mr. Mondelet, whose 
 seat had been declared vacant by a vote of the House of 
 Assembly. Were I disposed to qualify in any measure this 
 approbation, it would be to express my regret that an ex- 
 treme, though not unnatural degree of caution should have 
 led you to acquaint the House that you had referred the 
 matter to the consideration of the Secretary of State ^ and 
 that sanctioned by the opinions and advice of those whom 
 you had very properly consulted, you should not have at 
 once taken upon yourself tb announce the decision which 
 your own knowledge of the British constitution had led you 
 so correctly to form. It is unnecessary for me to comment 
 upon the tone and language adopted by the House of As- 
 sembly, in which they presume to dictate to the King's 
 representative thedocasion and the period at which, in their 
 opinion, he ought to exercise the royal prerogative of disso- 
 lution, and hold forth the menace of ceasing to communicate 
 with him, ' until he shall have made reparation for a breach 
 of their rights and privileges.' My present purpose is to 
 express the sentiments of the King's Government as to the 
 assumption by the House of Assembly of * rights and pri- 
 vileges' wholly repugnant to the practice and principle of 
 Parliament, and itKlsompE^tible with the maintenance of the 
 British constitution. Such an assumption, I have no hesi- 
 tation in declaring, the claim on the part of the assembly to 
 vacate the seat of Mr. Mondelety in pursuance of a forced 
 construction of a resolution of their own House, notwith- 
 standing the ^ surprise' which they express, that your Ex- 
 cellency should not have known * that your signature to a 
 writ of election was simply and purely a ministerial act.' 
 
 " That yotrr Lordship would not, except upon weighty 
 considerations, desire to limit the authority of the House of 
 Assembly over its own members, is sufficiently apparent 
 from your not having hesitated to sign the warrant for a 
 
 
71 
 
 ntire ap- 
 f to affix 
 imber for 
 et, whose 
 [louse of 
 sure this 
 it an ex- 
 uld have 
 jrred the 
 ate^ and 
 se whom 
 t have at 
 tn which 
 i led you 
 comment 
 se of As- 
 e King's 
 i, in their 
 of disso- 
 municate 
 a breach 
 ose is to 
 as to the 
 i and pri- 
 nciple of 
 ce of the 
 B no hesi- 
 jembly to 
 a forced 
 notwith- 
 your Ex- 
 iture to a 
 il act.' 
 '. weighty 
 House of 
 apparent 
 ant for a 
 
 new writ, upon the expulsion of Mr. Christie, a proceeding 
 upon the merits of which I am not culled upon, and feel no 
 desire to express any opinion. Assuming that the powers 
 of the House of Assembly are in all respects not only analo- 
 gous, but equal to those of the British House of Commons, 
 I deem it not only difficult but unsafe to attempt to pre- 
 scribe the bounds within which such a body should exer- 
 cise the right of restraining and punishing their own mem- 
 bers ; and to the discretion of the House of Commons it has 
 been well and wisely left, by the practice of the constitution, 
 to decide upon the degrees of criminality in a member which 
 should call for the highest degree of punishment in their 
 power to inflict, the disgrace of expulsion as unworthy to 
 belong to their body. But as the prudence of the House 
 of Commons has rarely, if ever, permitted them to carry to 
 a faulty extreme this power, thus wisely left indefinite, so 
 their knowledge of the British constitution and of what was 
 due to the privileges of the other branches of the Legisla- 
 ture, has preserved them from the fatal error of arrogating 
 to themselves the monstrous right of giving to their resolu- 
 tions the force of law. 
 
 "The House of Commons undoubtedly possesses, and 
 exercises every day the right of interpreting and expound- 
 ing by resolutions of its own the laws which regulate the 
 rights of candidates and electors in certain cases, and 
 according to certain forms, which themselves are regulated, 
 not by resolution, but by Act of Parliament ; but it neither 
 possesses nor has ever claimed to possess any right, autho- 
 rity or power, without the consent of the Crown and the 
 House of Peers, to make laws relating either to the qualifi- 
 cation or disqualification of electors or candidates, or rather 
 to effect their object by resolutions only. Examples are 
 numerous and of recent date, in which restrictions analo- 
 gous to those sought for by the House of Assembly have 
 been imposed by the authority of Parliament, but they have 
 always been by bill, and have never been sought to be ob- 
 tained by resolutions of the House of Commons. 
 
72 
 
 " That so extravagant mi assumption should be made by 
 a body hke the House of Commons, well acquainted with 
 its own rights, and equally acquainted with the rights of 
 others, is not to be contemplated ; but I believe I am war- 
 ranted in saying that if the Speaker, in the exercise of his 
 ministerial capacity, should be culled upon to issue a war- 
 rant for a new election, in consequenf'e of a member being 
 unseated by an illegal resolution, the duty would devolve 
 upon the Lord Chancellor to take notice of the cause of the 
 vacancy, as recited in the warrant, and on the ground of 
 illegality to refuse to affix the Great Seal to the new writ, 
 as your Lordship has in this case very properly declined to 
 give your sanction to the issuing of the warrant. The 
 House of Assembly indeed appear, from the course which 
 they claimed, to be at least doubtful, and although I have 
 assumed throughout this despatch, that the case of Mr. 
 Mondelet fell strictly within the terms of their resolution, I 
 cannot but say that the instance, so far as I collect the case 
 from the documents furnished to me by your Lordship, ap- 
 pears to have been most unfortunately selected for the first 
 experiment of their right. 
 
 " Your Lordship v/iU understand me as separating alto- 
 gether the justice of the general principle, that persons 
 accepting office of emolument under the crown should be 
 subjected to the judgment of their constituents, from the 
 claim set up by the assembly to effect this object by their 
 own mere r.^solution ; and while I am happy to express my 
 complete approbation of your Lordship's refusal to sanction 
 a claim so subversive of the balance of the Constitution, 
 and ultimately so dangerous to the liberty of tiie subject, I 
 shall defer until a future occasion the expression of my opi- 
 nion as to the propriety of assenting to an Act which may 
 be passed by the Legislature of Lower Canada, for carrying 
 into effect the objectof subjecting Members, accepting office 
 under the Crown, to a new election." 
 
 Castle of St. Lewis, 
 Quebec, 13 January, 1834. 
 
73 
 
 3 made b'-^ 
 inted with 
 e rights of 
 I am war- 
 sise of his 
 sue a war- 
 iber being 
 Id devolve 
 luse of the 
 ground of 
 new writ, 
 leclined to 
 ant. The 
 irse which 
 igh I have 
 ise of Mr. 
 solution, I 
 ;t the case 
 dship, ap- 
 )r the first 
 
 iting alto- 
 it persons 
 should be 
 , from the 
 t by their 
 xpress my 
 o sanction 
 nstitution, 
 subject, I 
 Df my opi- 
 i^hich may 
 r carrying 
 (ting office 
 
 {^Message to the House of Assembly on the subject of their 
 Address to the King, during the last Session, praying His 
 Majesty to sanction a National Convention."] 
 
 The Governor in Chief communicates to the House of 
 Assembly for its information, an extract from a despatch, 
 addressed to him by the Secretary of State for the Colonial 
 Department, in answer to the petition of the House, ad- 
 dressed to the King, which by desire of the House was 
 transmitted to the Secretary of State during the last session, 
 for the purpose of being laid at the foot of the throne. 
 
 " I have also laid before the King the address of the 
 House of Assembly. I cannot pass over this document 
 without observation. The object of this address is to pray 
 His Majesty to sanction a national convention of the people 
 of Canada, for the purpose of superseding the legislative 
 authorities, and taking into their consideration in which of 
 two modes the constitution of Lower Canada shall be alto- 
 gether destroyed, whether by the introduction of the elective 
 principle, or by the entire abolition of the Legislative Coun- 
 cil. On the mode proposed, His Majesty is wilHng to put 
 no harsher construction than that of extreme inconsiderate- 
 ness : to the object sought to be obtained. His Majesty can 
 never be advised to assent, as deeming it inconsistent with 
 the very existence of monarchical institutions. To every 
 measure which may secure the independence and raise the 
 character of the Legislative Council, His Majesty will be 
 most ready to assent. In 1828, a Committee of tha House 
 of Commons carefully investigated the grievances alleged 
 by the inhabitants of the Canadas, and among them the 
 constitution of the Legislative Council was a matter of se- 
 rious deliberation. The Committee reported that one of the 
 most important subjects to which their inquiries had been 
 directed was, the state of the Legislative Council in both of 
 the Canadas, and the manner in which those assemblies had 
 answered the purposes for which they were instituted. 
 
74 
 
 li 
 
 i' 
 i 
 
 The Committee strongly recommended that a more inde- 
 pendent character should be given to those bodies, that the 
 majority of their members should not consist of persons 
 holding offices at the pleasure of the Crown, and that any 
 other measures that might tend to connect more intimately 
 that branch of the Constitution with the interests of the 
 colonies would be attended with the greatest advantage. 
 With respect to the judges, with the exception only of the 
 chief justice, whose presence on particular occasions might 
 be necessaiy, the Committee entertained no doubt that they 
 had better not be involved in the political business of the 
 House. An examination of the constitution of the body at 
 that period and the present, will sufficiently show in what 
 spirit His Majesty's Government have laboured to accom- 
 plish the wishes of Parliament. The House of Assembly 
 state correctly, that it has often been avowed that the peo- 
 ple of Canada should see nothing in the institutions of 
 neighbouring countries to which they should look with 
 envy. I have yet to learn that His Majesty's subjects in 
 Canada entertain such sentiments at present, or that they 
 desire to copy, in a monarchical government, all the institu- 
 tions of a republic, or to have the mockery of an executive 
 absolutely dependent for i:s existence upon a popular body 
 usurping the whole authority of tlie State. I am not pre- 
 pared to advise His Majesty to recommend to Parliament 
 so serious a step as the repeal of the Act of 1791, whereby 
 tka institutions of this country were conferred separately 
 upon the provinces of Upper and Lower Canada. Serious 
 as are the difficulties by which your Lordship's administra- 
 tion is beset, they are yet not such as to induce me to des- 
 pair of the practical working of the British Constitution ; 
 but should events unhappily force upon Parliament the 
 exercise of its supreme authority to compose the internal 
 dissension of the colonies, it would be my object and my 
 duty, as a servant of the Crown, to submit to Parliament 
 such modifications of the charter of the Canadas as should 
 tend, not to the introduction of institutions inconsistent 
 with monarchical government, but to maintaining and 
 
76' 
 
 strengthemng the connexion with the mother country, by 
 a close adherence to the spirit of the British Constitution^ 
 and by preserving in their proper place, and within their 
 due limits, the mutual rights and privileges of all classes of 
 Hig ]N|ajesty*s subjects." 
 
 • Castle of St. Lewis, 
 -! Quebec, 14 January, 1834. 
 
 IMessage to the House of Assembly, in relation to their 
 Application Jor an Advance of £7,000 to meet their 
 Contingent Expenses. "^ 
 
 With reference to the Address of the House of Assembly 
 of the 17th instant, praying for the issue of a warrant in. 
 favour of William Bums Lindsay, Esq., for 7,000/. cur- 
 rency, towards defraying the contingent expenses of tlie 
 House, the Governor in Chief desires to call the attention 
 of the House to the practice of the two Houses of Legisla- 
 ture, of making application to the head of the executive 
 government, from time to time during the session of the 
 Provincial Parliament, for the issue of warrants on account 
 of their contingent expenses. 
 
 By the Act 33 Geo. 3, c. 8, entitled "An Act to establish 
 a Fund for paying the Salaries of the Officers of the Legis- 
 lative Council and Assembly, and for defraying the contin- 
 gent expenses thereof," certain duties are imposed upon 
 wines imported into the province, in order to create a fund 
 for the purposes contemplated by the Act; and it may be 
 presumed that the Legislature of that day considered that 
 the fund so created would be found adequate to meet the 
 demands to be made upon it on account of the salaries of 
 the officers, and the contingent expenses of the two Houses. 
 Experience, however, has shown that, with the exception 
 of a few instances (three only, during a period of 40 years), 
 the fund has proved insufficient for those demands. Ac- 
 cordingly, at the commencement of each session, estimates 
 
76 
 
 are prepared by the officers of the two Houses respectively, 
 of their probable expenses for the year, without reference 
 to the state of the fund, which estimates are included in 
 the general estimate of the expenses of the civil govern- 
 ment of the province ; and the two Houses, in anticipation 
 of a legal appropriation by the passation of a Supply Bill, 
 have been in the habit of addressing the head of the execu- 
 tive government in the course of the session, for the issue of 
 warrants on account of their respective estimates, in terms 
 to the following effect : 
 
 The address of the Legislative Council prays, that " the 
 Governor in Chief will be pleased to issue his warrant in 
 favour of clerk of the Legislative Coun- 
 
 cil, for the sum of currency, in advance of expenses 
 
 to be incurred by him, and for which he will hereafter ac- 
 count." And the address of tlte House of Assembly prays, 
 " that the Governor in Chief will be pleased to issue his 
 warrant in favour of clerk of this house, 
 
 for currency, towards defraying the contingent ex- 
 
 penses of this House ; and that the said sura be charged to 
 the fund by law appropriated to that effect, assuring his 
 Excellency that if the said fund is not sufficient the House 
 will make good the same." 
 
 So long as the advances made to the two Houses, upon 
 their addresses, shall not exceed the amount of the fund 
 created and appropriated by the Act 33 Geo. 3, c. 8, such 
 advances are perfectly regular and legal, and the head of 
 the executive government incurs no responsibility in any 
 quarter in ordering them to be made. But the case is dif- 
 ferent whenever such advances are found to exceed the 
 amount of the fund, for the head of the executive govern- 
 ment then becomes responsible for the excess, and continues 
 so to be until relieved by a legislative enactment .: or, in 
 other words, by a Supply Bill. 
 
 In the ordinary course of Parliamentary affairs, the ex- 
 istence of the responsibility thus incurred by the head of 
 the executive government, although objectionable in prin- 
 
lectively, 
 reference 
 iluded in 
 I govern- 
 icipation 
 .ply Bill, 
 le execu- 
 e issue of 
 in terms 
 
 lat "the 
 arrant in 
 e Coun- 
 expenses 
 after ac- 
 ly prays, 
 issue his 
 is house, 
 igent ex- 
 arged to 
 iring his 
 \e House 
 
 es, upon 
 the fund 
 8, such 
 ; head of 
 y in any 
 se is dif- 
 ceed the 
 ! govern- 
 jontinues 
 t: or, in 
 
 I, the ex- 
 head of 
 in prin- 
 
 77 
 
 ciple, under any circumstances, is of short duration in point 
 of time; for the whole of his advances to the two Houses, 
 upon their addresses during the session, are speedily covered 
 by the Bill of Supply. 
 
 The Supply Bill of last year having failed, the Governor 
 in Chief necessarily remains accountable for the advances 
 made to the two Houses during the session (after deduct- 
 ing the amount of the fund created by the Act 33 Geo. 3, 
 c. 8), a circumstance which is calculated to excit'i in his 
 mind no inconsiderable degree of anxiety ; for should the 
 present Session, probably the last of this Parliament, be 
 brought to a close without provision being made for the 
 estimate of last year (in which are included the estimates 
 of the expenses of the two Houses), the same responsibility 
 must continue to attach to him ; and it is possible that the 
 next succeeding Parliament may not be disposed to make 
 good the engagements entered into by the existing House 
 of Assembly in their addresses. 
 
 The amount for which the Governor in Chief now stands 
 accountable for advances made upon the addresses of the 
 two Houses, during the last session, will appear from the 
 following copy of a statement in figures, furnished by the 
 inspector-general of accounts. 
 
 Mem. — Issues made during the Year ended 10th October, 
 1833, by accountable Warrants, viz. 
 
 £. s. d. 
 On Addresses of the Legislative Council . 3,356 10 5 
 On Addresses of the House of Assembly . 6,500 
 
 Total Currency . . . 
 
 Deduct amount of fund created 
 
 by the Act 33 Geo. 3, c. 8, 
 
 during the above period £.3,313 11 
 Less, Payments to officers of 
 
 the two Houses, on accoua* 
 
 of their Salaries .... i,379 19 
 
 £. 9,856 10 5 
 
 5 
 
 Deficiency, currency 
 
 1,933 12 4 
 £7,922 18 1 
 
78 
 
 For which deficiency the Governor in Chief is now res- 
 ponsible, in consequence of the failure of the Supply Bill of 
 
 last year. 
 
 For the information of the House of Assembly, in the 
 event of their taking up the consideration of the subject of 
 the present communication, a statement has been prepared, 
 and is herewith transmitted, showing the amount year by 
 year of the fund created by the Act 33 Geo. 3, c. 8, from 
 the year 1793 to the year 1832, and of the expenses of the 
 two Houses ; by which ic appears that the expenses of the 
 two Houses, during that period, aniounted to 277,280/. 16*. 
 1 Ud., and the net amount of revenue to 66,019/. 4*. 3d., 
 being an excess of expenditure over the revenue of 211,261/. 
 lis. 8e/. currency. ; 
 
 After having maturely weighed and considered the cir- 
 cumstances abc've stated, the Governor in Chief now informs 
 the House of As >embly, that until ho shall have been re- 
 lieved by an Act of t 'iP Legislature from the responsibility 
 which still attaches to him on account of the advances made 
 during the last session upon the addresses of the Legisla- 
 tive Council and House of Assembly, he must decline taking 
 into his consideration the expediency of incurring further 
 responsibility on the same account. 
 
 The Governor in Chief desires the House of Assembly to 
 be assured that he will very sensibly regret any inconve- 
 nience to the service of the House which may result from 
 the course which he has found it necessary to adopt upon 
 the present occasion. It is a course which the Gov^nor 
 in Chief is firmly persuaded will be found in perfect accord- 
 ance with the spirit of the constitution ; and it is, moreover, 
 one from which, under existing circumstances, no considera- 
 tion of expediency can justify him in departing. 
 
 Castle of St. Lewis, 
 Quebec, 18 January, 1834. 
 
n 
 
 now res- 
 ly Bill of 
 
 ly, in the 
 lubject of 
 prepared, 
 it year by 
 ;. 8, from 
 ses of the 
 jes of the 
 280/. 15*. 
 /. 4s. 3d., 
 211,261/. 
 
 -.. t 
 1 the cir- 
 w informs 
 3 been re- 
 )onsibility 
 aces made 
 B Legisla- 
 ine taking 
 ig further 
 
 ssembly to 
 f inconve- 
 esult from 
 dopt upon 
 Gov-arnor 
 3ct accord- 
 moreover, 
 considera- 
 
 
 [Report of the Committee to whom tons referred His Excel- 
 lency s Message in Answer to an Address of the Assembly 
 for an advance q/'£ 7,000. towards defraying x'heir Contin- 
 gent Expenses."] ' ' f 
 
 The special Committee, to whom was referred the message 
 of his Excellency the Governor-in-chief, in answer to the 
 address of the House, praying his Excellenqy to issue his 
 warrant for 7,000/. currency, on account of the contingent 
 expenses of the House, with the statement accompanying 
 the same ; and also the message of his Excellency of the 
 15th January instant, relating to the contingent bill of the 
 late solicitor-general, with power to report from time to 
 time, have the honour to report in part : 
 
 That although from the time of the passing of the Con- 
 stitutional Act, the governors or administrators of the 
 Government have always favourably received the addresses 
 of the Legislative Council or of the House of Assembly for 
 advances of money to defray the contingent expenses of 
 the two Houses, over and above the sum appropriated by 
 the revenue of the Act of the 33 Geo. 3, cap. 8, cases have 
 occurred where the head of the executive has not thought 
 proper to comply with the addresses of this Hous^, as 
 appears by the extracts from the Journals of this House 
 annexed to this Report. 
 
 Under the administration of Sir Robert Shore Milnes, 
 Bart., in the year 1805, addresses were presented by the 
 House to the Lieutenant-governor for the time being, pray- 
 ing that he would be pleased to issue his warrant in favour 
 of the clerk of this House, for the purpose of paying (among 
 other expenses) for 200 copies of an index to -the French 
 edition of the Lex Parliamentaria, which had been ordered 
 to be printed oy the House ; and also praying that he would 
 be pleased to take into consideration the services rendered 
 by Pierre Edouard Desbarats, Esq», French translator of 
 
80 
 
 the House, and to grant him an additional salary, to com- 
 mence from the Ist November, 1804, assuring his Excel- 
 lency that if the funds appropriated by law were not 
 sufficient, the House would make gocd the same. 
 
 To this address the Lieutenant-governor answered on the 
 25th March, 1806, that it was not in his power to issue a 
 warrant to pay for the printing of the Index of the Lex 
 Parliamentaria, as it was an extraordinary service for 
 which the Legislature had not provided, and that with 
 respect to the prayer that an increase of salary might be 
 granted to the French translator, he must regret that when 
 those rules which tended to promote a good understanding 
 between the executive and the other branches of the Legis- 
 lature were forgotten, the Governor must feel averse to the 
 introduction of a precedent which might lead to conse- 
 quences so injurious. 
 
 In the year 1806, an address of the House was presented 
 to his Honour the President (Mr. Dunn), praying he would 
 be pleased to advance to the speaker the sum necessary to 
 defray the expenses of translating the four volumes of pre- 
 cedents of proceedings in the House of Commons, by John 
 Hatsell, in conformity with the resolution of the House, of 
 the 18th Marcb, 1805, and that the House would reimburse 
 
 4-Hp gfllXlfi 
 
 On the 3d of April following, his Honour the President 
 answered, that he would refer the House to the answer sent 
 down the year before, by the Lieut-nant-governor for the 
 time being, to the address of the House of Assembly, and 
 that on examining the same, the House must be convinced, 
 that in the particular situation in which he was placed as 
 administrator of the Government during the temporary 
 absence of the Governor and Lieutenant-governor, he would 
 not deviate from the precedents aforesaid, by advancing the 
 said monies to defray expenses for which the Legislature 
 had not provided. 
 
 In the year 1823 two addresses were presented to his 
 Excellency the Governor in Chief (Lord Dalhousie), pray- 
 
81 
 
 to com- 
 s Excel- 
 vere not 
 
 ed on the 
 ,0 issue a 
 ' the Lex 
 rvice for 
 hat with 
 might be 
 hat when 
 rstanding 
 he Legis- 
 rse to the 
 to conse- 
 
 presented 
 ; he would 
 icessary to 
 les of pre- 
 3, by John 
 House, of 
 reimburse 
 
 President 
 nswer sent 
 lor for the 
 ;mbly, and 
 convinced, 
 5 placed as 
 temporary 
 r, he would 
 ancing the 
 Legislature 
 
 nted to his 
 asie),, pray- 
 
 ing that he would be pleased to issue his warrant in favour 
 of the clerk of this House i'or the sum of 3,314/. ICs. 1(W., 
 to pay the arrears due on the contingent expenses of this 
 House for the years 1820, 1821, and up to the 1st of Octo- 
 ber, 1822, and also for the sum of 3,540/. for the expenses 
 then incurred, or to be incurred from the 1st November 
 1822 to the 31st October, 1823, for the service of this 
 House, and that the said sums might be charged against 
 the fund already appropriated by law, assuring his Excel- 
 lency that if the said funds were not sufficient the House 
 would make good the sums so advanced. 
 
 To these addresses the Governor answered, that he would 
 advance the sum of 3,314/. I6s. lOd. first above-mentioned, 
 because it was required for services performed ; but that 
 with regard to the sum of 3,540/. for the expenses of the then 
 current year, he must be guided by the appropriation that 
 should be made by the Legislature. 
 
 It does not appear that any proceedings, which can be 
 considered as precedents, were adopted by the House with 
 reference to the aforesaid refusals, except that it appears 
 that in the year 1805 the House resolved itself into a Com- 
 mittee of the whole, to take the answer of the administrator 
 to their address into consideration, and that the proceed- 
 ings of the said Committee were interrupted by the proro- 
 gation of the Parliament. 
 
 These three are the only instances in which the head of 
 the executive has not thought proper to comply with the 
 addresses of this House. During every other session the 
 addresses of the House were favourably received ; and on 
 referring to the proceedings of the first session, it will be 
 seen that a sum of money was then advanced, even before 
 an Act had been passed, to make provision for defraying the 
 expenses of the Legislature. 
 
 Your Committee leave it to the House to decide how far 
 the aforesaid precedents do or do not apply to the case in 
 question. 
 
 It appears to your Committee that your honorable House 
 
i 
 
 r 
 
 82 
 
 has only the choice of two alternatives ; the one is, to sus- 
 pend the sittings of the Houso, by informing the executive 
 that it is impossible for your honorable House to proceed 
 with becoming dignity and effect on the business before it; 
 and the other, to comply with the wish expressed in the 
 message which forms the subject of this Report, by imme- 
 diately passing an Act to relieve his Excellency the Gover- 
 nor in Chief from his responsibility for the advances made 
 by him during the last session, on the addresses of the Le- 
 gislative Council and of the House of Asbcmbly. 
 
 If the former alternative were adopted, the country would 
 be deprived of the numerous and important advantages 
 which >t must derive from the continuance of the session; 
 and the discussion and decision of many measures of the 
 highest importance now before your honorable House 
 would be deferred to a less favourable season. These con- 
 siderations, weighty as they are, ought doubtless to be dis- 
 reo-arded, if in adopting the latter alternative the House 
 were to sacrifice any one of its rights or privileges ; but in 
 so doing it will not sacrifice any one constitutional principle. 
 Your Committee conclude by reporting the following 
 Resolution, which they have adopted : 
 
 Resolved, That a Bill of Appropriation be passed, to cover 
 and make good the sums of money advanced by his Excel- 
 lency the Governor in Chief, on the addresses of the Legis- 
 lative Council and of the House of Assembly (over and 
 above the produce of the 33d Geo. 3, c. 8), for defraying 
 the contingent expenses of the Legislature for the year 
 ending on the 31st October last. 
 
 The whole, nevertheless, humbly submitted. 
 
 (signed) Hector S. Huot, Chairman. 
 
 27 January, 1834. 
 
to sus- 
 ;ecutive 
 proceed 
 efore it; 
 1 in the 
 ! imme- 
 Gover- 
 eb made 
 the Le- 
 
 ■y would 
 vantages 
 session; 
 s of the 
 House 
 lese con- 
 be dis- 
 e House 
 I ; but in 
 )rinciple. 
 following 
 
 , to cover 
 lis Excel- 
 he Legis- 
 [over and 
 defraying 
 the year 
 
 nrman. 
 
 83 
 
 I Resulutioiis proposed ht^ Mr. Neilson on the 2\st February/ , 
 1834, iH amendment of the Resolutions proposed by Mr, 
 Bedard, and adopted by the Assembly.'] 
 
 " 1 . That the state of the province was fully considered by 
 the House, and represented to His Majesty and both Houses 
 of Parliament, in its humble addresses of the 16th March, 
 1831 ; and that the answer thereto of His Majesty's then 
 principal Secretary of ^ Ac for the Colonial Department, 
 dated the 7th July following, laid before this House on the 
 18th November of the same year, contains a solemn pledge 
 on the part of His Majesty's Government, of its ready as- 
 sent and co-operation in removing and remedying the prin- 
 cipal grievances and abuses complained of in the said 
 addresses, and that it is the bounden duty of this House to 
 proceed in the spirit of the said despatch, to co-operate in 
 promoting the peace, welfare, and good government of the 
 province, conformably to the Act of the British Parliament 
 under which it is constituted." 
 
 "2. That the extract of the despatch of His Majesty's 
 principal Secretary of State for the Colonial Department, 
 communicated to this House in the message of His Excel- 
 lency the Governor in Chief of the 14th January last, con- 
 tains an acknowledgment of the continued disposition of 
 His Majesty's Government to give effect to the recommen- 
 dations of the Report of the Committee of the House of 
 Commons of the 22d July, 1828, made after a full investiga- 
 tion of the petitions of all classes of His Majesty's subjects 
 in this province, and thereby furnishes an additional in- 
 ducement to this House to proceed earnestly, diligently, 
 and perseveringly, in so far as depends upon it, to secure 
 fci' its constituents the advantages afforded by the said re- 
 commendations, cultivating harmony and good-will through- 
 out the province, and promoting the general welfare." 
 
 "3. That it is urgent at the present time to make legislative 
 
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84 
 
 provision for the advancement of the improvement of the 
 province, and the amelioration of the condition of its inha- 
 bitants ; more particularly, 1st, for facilitating the occupa- 
 tion under secure titles of all lands in the vicinity of settle- 
 ments, remaining in a state of wilderness, without the actual 
 settler being burthened with any arbitrary or unnecessary 
 dues or conditions, and either upon the ancient tenures of 
 the country, or in free and common soccage, as may be the 
 most agreeable to the occupant. 2d, For the greater cer- 
 tainty of the laws affecting real property throughout the 
 province for the independence of the judges, and for facili- 
 tating the administration of justice and recourse against the 
 provincial government in courts of law. 3d, For the greater 
 responsibility of high public officers, and the trial within 
 the province, of impeachments. 4th, For the settlement of 
 all public accounts, and for a full and fair investigation into 
 all salaries, emoluments of office, fees and expenses exacted 
 under public authority, and a reduction of all unnecessary 
 charges and burthens on the subject." 
 
 The House divided on the motion of amendment. 
 Yeas : — Messieurs Anderson, Baker, Berthelet, Caldwell, 
 Casgrain, Cuvillier, Davis, Duval, Goodhue, Gugy, Hoyle, 
 Knowlton, Lariguedoc, Le Boutillier, Lemay, Neilson, 
 Power, Quesnel, Steuart, Taylor, Wood, Wright, Wurtele 
 and Young (24). 
 
 Nays : — Messieurs Amiot, Archambeault, Bedard, Ber- 
 trand, Besserer, Blanchard, Boissonnault, Bouffard, Bour- 
 dages. Bureau, Careau, Cazeau, Courteau, Child, de Bleu- 
 ry, Dionne, Deligny, Deschamps, de Tonnancour, de Witt, 
 Jacques Dorion, P. A. Dorion, Drolet, Fortin, Girouard, 
 Guillet, Huot, Kimber, Lafontaine, Larue, Letourneau, 
 Leslie, Masson, Methot, Morin, Mousseau, Noel, Paulin, 
 Proulx, Raymond, Rivard, Rocbrune, Rochon, Rodier, 
 Scott, Simon, A. C. Taschereau, P. E. Taschereau, Tessier, 
 Toomy, Trudel, Turgeon, Valois, Vanfelson, Godbout, and 
 Viger (56). 
 
85 
 
 it of the 
 its inha- 
 occupa- 
 of settle- 
 [le actual 
 lecessary 
 inures of 
 ly be the 
 ;ater cer- 
 hout the 
 for facili- 
 ;ainst the 
 e greater 
 al within 
 lement of 
 ation into 
 s exacted 
 necessary 
 
 t. 
 
 Caldwell, 
 
 y, Hoyle, 
 
 Neilson, 
 
 , Wurtele 
 
 ard, Ber- 
 rd, Bour- 
 , de Bleu- 
 , de Witt, 
 Girouard, 
 itourneau, 
 ;1, Paulin, 
 I, Rodier, 
 u, Tessier, 
 Ibout, and 
 
 [Resolutions of the Assembly upon the Secretary of State's 
 Despatch, of 7th July, 1831, in Answer to their Petition 
 to the King.} 
 
 1. Resolved, That this House receive with sentiments of 
 gratitude the gracious expression of His Majesty's paternal 
 regard for the welfare and happiness of his subjects in this 
 province, as the proofs of a just and liberal policy towards 
 them, contained in the despatch of His Majesty's Principal 
 Secretary of State for the Colonial Department, dated the 
 7th of July last; but particularly the acknowledgments 
 that the regulation of the internal affairs of the colony ought 
 to be left exclusively to the local Ley-islature. 
 
 2. Resolved, That it is the opinion of this Committee, 
 that this House sincerely participates in the feelings of 
 kindness and good will manifested in the said despatch, 
 and in the earnest desire to strengthen the bonds already 
 subsisting between this colony and the parent state. 
 
 3. Resolved, That this House will proceed with all due 
 diligence and deliberation to provide, as far as depends 
 upon it, remedies for the various matters of complaint con- 
 tained in its humble petition on the state of the province, 
 forwarded at the close of last session, and referred to in the 
 said despatch. 
 
 4. Resolved, that this House gratefully acknowledges the 
 promptitude with which the petition to His Majesty was 
 transmitted by his Excellency the Governor in Chief, and 
 the early and perspicuous manner in which the same was 
 considered and answered by the Right Honorable Lord 
 Goderich, His Majesty's principal Secretary of State for 
 the Colonial Department. 
 
 5. Resolved, That the 1st, 2d and 3d heads of the said 
 despatch, relating to education, be referred to the standing 
 Committee on education and schools. 
 
 6. Resolved, That the 5th head of the said despatch, re.- 
 
86 
 
 lating to regulations of trade, be referred to the Committee 
 of Trade. 
 
 7. Resolved, That the 6th, 7th, 8th and 9th heads of the 
 said despatch, relating to the courts of justice and the state 
 of the law, be referred to the Committee on the Courts of 
 Justice. 
 
 8. Resolved, That the 11th head of the said despatch, 
 relating to executive and judiciary officers, be referred to the 
 Committee of Grievances. 
 
 9. Resolved, That the 12th head of the said despatch, 
 relating to the responsibility and accountability of public 
 officers, be referred to the Committee of Accounts. 
 
 10. Resolved, that the said Committees severally, have 
 power to report on the heads referred to them, by bill or 
 otherwise. 
 
 11. Resolved, That this House will not fail to give its 
 early and most delil^erate attention to the promised des- 
 patches on the most important subjects of the crown lands, 
 and selection and constitution of the Legislative Council, 
 whenever the said despatches shall be laid before this House. 
 
 12. Resolved, That an humble address be presented to 
 his Excellency the Governor in Chief, with copies of the 
 foregoing resolutions. 
 
 Ordered, That Mr. Neilson, Mr. Louis Bourdages, Mr. 
 Dessaulles and Mr. Leslie, do present the said address to 
 his Excellency the Governor in Chief. 
 
 House of Assembly, 
 29th November, 1831. 
 
 Joni 
 
 Hon 
 B 
 
 Sir( 
 Cha 
 Johi 
 
 Sir. 
 Hen 
 
 Jam 
 Chai 
 Pien 
 Thoi 
 Rod( 
 Loui 
 
 Jam* 
 
oinmittee 
 
 H7 
 
 ids of the 
 
 the state 
 
 Courts of 
 
 List of the Legislative Council. 
 
 If: 
 
 despatch, 
 red to the 
 
 despatch, 
 of public 
 
 lly, have 
 by bill or 
 
 ) give its 
 ised des- 
 wn lands. 
 Council, 
 is House, 
 sented to 
 es of the 
 
 iges, Mr. 
 ddress to 
 
 NAME. 
 
 Jonathan Sewell . . 
 
 Hon. C. J. Stewart, 
 Bp. of Quebec 
 
 Sir G. Pownal, knt. 
 Charles de St. Ours 
 John Hale 
 
 Sir J. Caldwell, bt. 
 Herman W. Ryland 
 
 James Cuthbert , . 
 Charles W. Grant 
 Pierre D. Debartzch 
 Thomas Coffin .... 
 Roderic Mackenzie 
 Louis Gugy 
 
 James Kerr 
 
 Mode of Appointment 
 and Date. 
 
 mandamus, 5 May, 1808 
 
 mandamus, 30 Jan. 1828 
 
 date of mand. not known 
 mandamus, 2 i\-^. 1808 
 mandamus, 3 Dec. 1808 
 
 mandamus, 15 Dec. 1811 
 mandamus, 17 Dec. 1811 
 
 mandamus, 18 Dec. 1811 
 mandamus, 21 Dec. 1811 
 
 mandamus, 8 May, 1817 
 mandamus, 10 May, 1817 
 mandamus, 10 Apr. 1818 
 
 mandamus, 19 Oct. 1821 
 
 Whether the Individual 
 
 holds any other, and 
 
 what Office. 
 
 he is also Chief Jus- 
 tice of the province 
 and Speaker of the 
 legislative council. 
 
 he is also a Member of 
 the executive coun- 
 cil. 
 
 he is also Receiver- 
 general for the pro- 
 vince of Lower Ca- 
 nada. 
 
 he is also Clerk of the 
 executive council. 
 
 he is also Sheriff of 
 the district of Mon- 
 treal. 
 
 he is also a puisne 
 Judge of the Court 
 of King's Bench for 
 the district of Que- 
 bec, and Judge of 
 the Court of Vice- 
 admiralty for the 
 province of Lower 
 Canada. 
 
 'ir. 
 fl 
 
88 
 
 List of the Legislative Council — (continued.) 
 
 NAME. 
 
 Edward Bowen . , 
 
 William B. Felton 
 
 Matthew Bell . . . . 
 Toussaint Pothier 
 John Stewart . . . . 
 
 John Forsyth .... 
 Samuel Hatt .... 
 Denis B. Viger . . 
 
 Louis Guy 
 
 George Moffatt . . 
 Roc de St. Ours . . 
 Peter M'Gill .... 
 John Molson .... 
 M. P. de Sales La- 
 
 terriere 
 
 Frs. X. Malhiot . . 
 Jean DessauUes . . 
 Bart Joliette .... 
 Pierre de Rocheblave 
 Robert W. Harwood 
 Antoine G. Couillard 
 Horatio Gates .... 
 
 Robert Jones 
 
 James Baxter .... 
 Francois Quirouet . . 
 
 Mode of Appointment 
 and Date. 
 
 Whether the Individual 
 holds any other, and 
 what OfiSce. 
 
 mandamus, 20 Oct. 1821 
 
 mandamus, 4 April, 1822 
 
 mandamus, 30 April, 1 823 
 mandamus, 22 July, 1824 
 mandamus, 13 May, 1825 
 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 mandamus, 
 
 3 July, 
 25 Nov. 
 30 Nov. 
 20 Dec. 
 
 24 Dec. 
 1 Jan. 
 
 3 Jan. 
 
 4 Jan. 
 
 5 Jan. 
 
 6 Jan. 
 
 7 Jan. 
 
 8 Jan. 
 
 9 Jan. 
 
 10 Jan. 
 
 11 Jan. 
 
 1 Aug. 
 
 2 Aug. 
 . . Aug. 
 
 25 Oct. 
 
 1827 
 1829 
 IS'zd 
 1830 
 1830 
 1832 
 1832 
 1832 
 
 1832 
 1832 
 1832 
 1832 
 1832 
 1832 
 1832 
 1832 
 1832 
 1832 
 1833 
 
 he is also a puisne 
 Judge of the Court 
 of King's Bench for 
 the district of Que- 
 bec. 
 
 he is also Commis- 
 sioner for the sale 
 and management of 
 Crown Lands. 
 
 he is also a Member 
 of the executive 
 council. Master of 
 the Trinity-house at 
 Quebec, and Com- 
 missioner for ma- 
 naging the estates 
 of the late order of 
 Jesuits in L.Canada 
 
89 
 
 I!! 
 
 I'ir'l 
 
 he Individual 
 y other, and 
 Office. 
 
 30 a puisne 
 of the Court 
 j's Bench for 
 trict of Que- 
 
 10 Commis- 
 for the sale 
 nagement of 
 Lands. 
 
 } a Member 
 J executive 
 I, Master of 
 aity-house at 
 c, and Corn- 
 ier for ma- 
 the estates 
 late order of 
 in L.Canada 
 
 Substance of Addresses from the House of Assembly to the Cover- 
 nor-in-chief during the present Session, with His Excellency's 
 Answers. 
 
 Addresses for Information from the 
 House of Assembly. 
 
 1. For any information respect- 
 ing the extension of the lease of 
 the forges of St. Maurice. 
 
 2. For copies of opinions and 
 advice given by the persons con- 
 sulted by His Excellency on the 
 subject of the writ of election for 
 a member for the county of Mon- 
 treal, in place of Mr. Mondelet, 
 who was expelled from the House 
 of Assembly in consequence of his 
 acceptance of office. — Refused. 
 
 3. For statement of Lods et 
 Ventes, in the Suburbs of Quebec, 
 and copies of instructions to the 
 clerk of the terrars and inspector- 
 general of the King's domain. 
 
 4. For the original accounts 
 and vouc'..jrs of receipts and pay- 
 ments ot the receiver-general from 
 October, 1830, to October, 1833. 
 
 5. For half-yearly accounts of 
 sales and monies received and ex- 
 pended by commissioner of Crown 
 lands. 
 
 6. For original accounts and 
 vouchers of expenditure and re- 
 venue of the province, as may be 
 required from time to time. 
 
 Answers of His Excellency the 
 Govemor-in-chief. 
 
 That he has been authorized to 
 extend the lease to the Hon. M. 
 Bell for 10 years. 
 
 That he must decline furnishing 
 the information prayed for. 
 
 That the proper officer will be 
 directed to furnish the information 
 prayed for. 
 
 That he must decline directing 
 the receiver-general to divest him- 
 self of the possession of them, but 
 that he shall be directed to attend 
 the Committee and furnish them 
 with such information as may be 
 consistent with his duty to his su- 
 periors. 
 
 That he must decline furnishing 
 the information prayed for. 
 
 That the proper officer will be 
 directed to furnish the information 
 prayed for. 
 
 ;!!|f| 
 
90 
 
 Addresses for Information from the 
 House of Assembly. 
 
 7. For record-book of warrants 
 issued on receiver-general, record- 
 book of reports of auditor-general, 
 and record-book of reports kept 
 by clerk of Executive Council. 
 
 8. For copy of despatch from 
 Secretary of State respecting the 
 Supply Bill of 1832. 
 
 9. For blue book from 1830, 
 iuclusive. 
 
 10. Whether the lease of the 
 forges of St. Maurice has been 
 extended to Mr. Bell, and if so, 
 for a copy of the lease. — Refused. 
 
 11. For statement of monies ap- 
 propriated and not yet paid, and 
 probable amount of revenue to 10 
 October, 1834. 
 
 12. For documents relating to 
 the quarantine station at Grosse 
 Isle. 
 
 13. For statement of monies in 
 vault with three keys, and in re- 
 ceiver-general's vault. 
 
 14. For copy of proceedings be- 
 fore coroner at Montreal on the 
 body of Solomon Barbeau, who 
 died in that city in November last. 
 
 15. For copies of accounts ren- 
 dered by commissioners named 
 under Act 1 and 2 Will. 4, c. 21. 
 
 16. For statement of amount of 
 revenue of the locks at the cas- 
 cades, cedars, and Coteau du Lac, 
 since 1831. 
 
 Answers of His Excellency the 
 Govemor-in-cbief. 
 
 That the proper officer will be 
 directed to furnish the information 
 prayed for. 
 
 He lays before the House of 
 Assembly an extract from Viscount 
 Goderich's Despatch of 9 April, 
 1832. No. 92. 
 
 The proper officer will be di- 
 rected to furnish the information 
 prayed for. 
 
 The lease is now in the hands 
 of the proper officer, for the pur- 
 pose of being perfected, but he 
 must decline furnishing the House 
 with a copy of it, in conformity 
 with his decision upon the occa- 
 sion of the Address of the Assem- 
 bly of 22 Dec. 1832, upon the 
 same subject. 
 
 That the proper officer will be 
 directed to furnish the information 
 prayed for. 
 
 Ditto. 
 
 Ditto. 
 Ditto. 
 
 Ditto. 
 Ditto. 
 
91 
 
 icy the 
 
 :er will be 
 iformation 
 
 House of 
 1 Viscount 
 r 9 April, 
 
 ill be di- 
 iformation 
 
 the hands 
 r the pur- 
 1, but he 
 the House 
 :onformity 
 the ocea- 
 nic Assem- 
 upon the 
 
 er will be 
 iformation 
 
 Addressea for Information from the 
 House of Assembly. 
 
 17. For statement of lands 
 granted or leased to Members of 
 the Legislative and Executive 
 Councils, judges, and other pub- 
 lic officers, since the date of the 
 report made by the Committee of 
 the House of Commons July 22. 
 1828. ^ 
 
 18. For quarterly statements 
 of receipts and payments of re- 
 ceiver-general from January, 1831, 
 to January, 1834, distinguishing 
 the civil government from the Je- 
 suits' estates. 
 
 19. For quarterly statements of 
 amount in receiver-general's vault 
 and vault with three locks, from 
 January, 1831, to January, 1834. 
 
 20. For information and state- 
 ments relative to the disposal of 
 Crown lands and clergy reserves 
 in certain townships. — Refused. 
 
 21. For information respecting 
 the affairs of the late receiver- 
 general, Sir John Caldwell. 
 
 22. For correspondence between 
 the Provincial Government and 
 proprietors of land taken by Go- 
 vernment for theGrenville Canal. 
 
 23. For information as to the 
 objections which exist to the ap- 
 pointment of Jews as magistrates. | 
 
 Answers of His Excellency the 
 Govemor-in-chief. 
 
 That the proper officer will be 
 directed to furnish the information 
 prayed for. 
 
 Ditto. 
 
 Ditto. 
 
 Having already declined fur- 
 nishing the information prayed for, 
 he cannot permit the commissioner 
 of Crown lands to accede thereto 
 on the present occasion. 
 
 That in answer to a reference 
 he made to the Secretary of State 
 for the Colonial Department upon 
 this subject, he has been informed 
 that the Lords Commissioners of 
 His Majesty's Treasury have in- 
 structed their solicitor to press the 
 appeal of Mr. H. Caldwell before 
 the privy council to a decision, 
 and that no arrangements have 
 been made with Sir J. Caldwell 
 since that by the Lords of the 
 Treasury on 21 March, 1826. 
 
 That the proper officer will be 
 directed to furnish the information 
 prayed for. 
 
 Ditto. 
 
02 
 
 Addresses for Information from tlie 
 House of Assembly. 
 
 24. For copies of all correspon- 
 dence that has taken place be- 
 tween His Majesty's Government 
 and the Seminary of St. Sulpice, 
 of Montreal, and copies of suits 
 brought by the law officers on the 
 subject. — Refused. 
 
 25. For copy of Instructions to 
 the medical board appointed to 
 examine wounded militia men. 
 
 Answers of Ilis Excellency tlie 
 Govemor-in-ciuef. 
 
 That he must decline furnishing 
 the informe.tion prayed for, and 
 that he much regrets that he can- 
 not feel justified in so doing, as 
 the correspondence furnishes in- 
 disputable proofs of the liberal 
 ana disinterested views of His 
 Majesty's Government regarding 
 the seminary, and of their anxiety 
 to promote the prosperity of the 
 city of Montreal. — He is not aware 
 of any suits having been brought. 
 
 That the proper officer will be 
 directed to furnish the information 
 prayed for. 
 
 Statement showing the Amount of the Civil Expenditure in Lower 
 Canada for the Year 1833, the Amount which was paid on Ac- 
 count thereof, and the Balance still remaining unpaid. 
 
 £. s, d. 
 The amount of the civil expenditure of the year 1 833, 
 
 as estimated for, is 54,604 16 6 
 
 Deduct expenses of the Legislature, to be paid out of 
 
 funds at their disposal 14,917 8 
 
 39,687 8 6 
 Add permanent civil list, not included in the estimate 5,900 
 
 45,587 86 
 On account of the sum there was paid out of certain 
 revenues at the disposal of the Crown by provincial 
 Acts, and out of the casual and territorial revenues 14,082 4 9 
 
 Balance still unpaid, sterling 
 
 £. 31,505 3 9 
 
 The net produce collected under the Imperial Act 
 14 Geo. 3, c. 88, in the year 1833, for Lower Ca- 
 nada, was 34,317 18 6 
 
 (signed) 
 Quebec, 3 March, 1834. 
 
 Jos, Gary, 1 . . . 
 
 T G P P \ Accountants, 
 
llency tlie 
 ief. 
 
 93 
 
 le furnishing 
 ed for, and 
 that he can- 
 so doing, as 
 'urnishes in- 
 
 the liberal 
 B\V8 of His 
 it regarding 
 their anxiety 
 )erity of the 
 
 is not aware 
 sen brought, 
 ficer will be 
 
 information 
 
 'e in Lower 
 mid on Ac- 
 id. 
 
 £. s, d. 
 
 ,604 16 6 
 
 ,917 8 
 
 ,687 8 6 
 ,900 
 
 ,587 86 
 
 ,082 
 
 4 
 
 9 
 
 ,505 
 
 3 
 
 9 
 
 ,317 
 
 18 
 
 6 
 
 ;ountants. 
 
 jQwer 
 
 Statement showing the probable Amount of the Revenues ofLc... 
 Canada which have hitherto been considered at the disposal of 
 the Crown, and of the Civil Expenditure to be defrayed there- 
 out, for the year ending \Qth October, 1834. 
 
 Probable net amount of the casual and territorial reve- 
 nue, exclusive of land and timber-fund 
 
 Probable net amount of the produce of the provincial 
 Act 41 Geo. 3 *^ , 
 
 Annual aid by provincial Act 35 Geo. 3 . 
 
 Probable net produce of the Imperial Act 14 Geo. 3 
 c. 88 . ... 
 
 £. s. d. 
 
 4,800 
 
 5,200 
 
 5,000 
 
 34,000 
 
 Total Revenue, sterlins: 
 
 £. 49,000 
 
 The estimated amount of the civil £. s d 
 expenditure ofthe year 1834 is . 59,395 13 4 
 
 Deduct expenses ofthe Legislature, 
 to be paid out of the funds at their 
 **'spo8aI 19^265 1 10 
 
 . ,, , 40,130 11 6 
 
 Add amount of permanent civil list, 
 
 not included in the estimate . 5,900 
 
 46,030 11 6 
 Surplus sterling . . . £. 2,969 8 6 
 
 (signed) 
 
 Quebec, 3 March, 1834. 
 
 Jos, Cary, 1 . 
 
 J. O.P.P i Accountants. 
 
94 
 
 Statement showing the Amounti of the Estimates for the Civil 
 Expenditure of Lower Canada for the Years from 1829 to 1834 
 i/iclusive. 
 
 Ymt. Amount Sterling. 
 
 £. s. d. 
 1829 . 62,123 10 9 
 
 EXPLANATIONS. 
 
 1830 . 71,246 17 
 
 1831 . 57,154 19 6 < 
 
 The excess of the estimate for 1830 over that 
 for 1829 arises from the following item$ 
 being charged more in 1830; 
 
 £. 
 
 Lieut.-gov. of Gasp6 is charged for 
 
 two years' difference . . . 300 
 
 Provincial agent, ditto . . . 200 
 
 Auditor-general's office, ditto . 500 
 
 Contingencies of Legislative Council 1 ,260 
 
 Ditto . . House of Assembly 3,150 
 
 Circuits 591 
 
 Contingencies of the administration 
 
 of justice 1,068 
 
 Miscellaneous .... 1,700 
 
 ^Repairs to public buildings . . 3,000 
 
 ^The following items, charged in the estimate 
 
 for 1830, were omitted in that for 1831 : 
 
 £. 
 Salary of Lieutenant-gov. of Gaspe 
 
 for two years . . . . 600 
 Ditto, provincial agent for two years 400 
 Ditto, auditor-general . ditto . 1,000 
 Ditto, two provincial judges, dif- 
 ference 400 
 
 Ditto, advocate- general for two years 400 
 Ditto, chairman of the quarter ses- 
 sions 1,250 
 
 Ditto, chairman at Ga9p6, for two 
 
 years 450 
 
 Pensions 440 
 
 Circuits, less . . . .1,041 
 Contingencies of the Legislature, less 
 than the year 1830 . . . 4,460 
 ^Miscellaneous .... 2,741 
 
' the Civil 
 29 to 1834 
 
 )0 over that 
 
 wing item$ 
 
 
 £. 
 
 for 
 
 
 , 
 
 300 
 
 • 
 
 200 
 
 • 
 
 500 
 
 cil 
 
 1,260 
 
 3ly 
 
 3,150 
 
 • 
 
 591 
 
 on 
 
 
 • 
 
 1,068 
 
 • 
 
 1,700 
 
 • 
 
 3,000 
 
 ie estimate 
 
 or 1831: 
 
 
 £. 
 
 pe 
 
 
 • 
 
 600 
 
 irs 
 
 400 
 
 • 
 
 1,000 
 
 if- 
 
 
 « 
 
 400 
 
 irs 
 
 400 
 
 s- 
 
 
 « 
 
 1,250 
 
 vo 
 
 
 • 
 
 450 
 
 • 
 
 440 
 
 . 
 
 1,041 
 
 ss 
 
 
 • 
 
 4,460 
 
 • 
 
 2,741 
 
 96 
 
 Vetr. Amount Sterling. 
 J6. », d. 
 
 EXPLANATIONS. 
 
 1832 . 64,357 10 ^ 
 
 1833 . 54,604 16 6 ^ 
 
 'The following items in the estimate for 1832 
 were charged more than in 1831 : 
 
 Contingencies of Assembly . 2 225 
 
 Indemnity to Members . . 2*500 
 
 For unforeseen expenses of Govern- * 
 
 ment .... J QQQ 
 
 Items before paid out of the Jesuits'* ' 
 
 : ^'^^*" 1,067 
 
 This decrease is accounted for by the 
 
 Permanent Civil List, not included 5,900 
 
 Salary of Lieutenant-gov., omitted . 1 ,500 
 Indemnity to Members of Assembly 
 
 L omitted ... 2 T 
 
 1834 . 59,395 13 4 \'^l contingencies of the House of 
 
 I Assembly were increased this year 4, 
 
 00 
 ,347 
 
"\t 
 
PETITION OF THE COMMONS OF LOWER 
 CANADA TO THE KING. 
 
 LORD AYLMER'S DISPATCH OF MARCH 18, 1835 ; 
 
 AND ENCLOSURES RELATING 
 
 THERETO. 
 
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• To tite King's most Excellent Majesty. 
 May it please your Majesty, 
 
 ro^„',!??h '"''•''"^'' '"'"'''"' """^ 'oy'^ubjects, the Com- 
 mons of the provmce of Lower Canada, in prov ncial Pa - 
 ..amen, assembled, mostrespectfnllyapp^achVorMajrsty 
 
 the^Colmoi""/!!: '"" '■"''''°" "f *•■' '^'-P'™' Parliament, 
 of the ZnT H T'""' "' '"'"" ^''"^''a, in the name 
 ot the people whom they represent, approached Your U,,- 
 
 Mat^.s'^f ""■'."'"'' '■'■""' «-•>-' °» th^ 1^' day of 
 
 oMhe'. H ' ""'"^ ''°^" '"^ S"^™-- "hich thepeopk 
 of the sa,d provmce suffered, arising out of the viciou! 
 pnncples upon which their political institutions are ba ed 
 
 STe'o ™'-" rr' ""'"'^'^y administrations to' 
 wmch the provmce has been subjected. 
 
 That the inquiry which was instituted before a Select 
 Committee, appointed by the Honourable the House'f 
 Commons upon Canada Affairs, on the 15th of Apriri834 
 
 Itldlhl P^-P'^";"^-- Canada to hope thaf"ot „„,y 
 would the prayer of their petition be listened to, but thai 
 the grievances therein set forth, which your petitioners 
 
 ::i;::rrerr--^""-"«'-«'^^-^^^^ 
 
 That this hope, which your petitioners cannot deem un- 
 
 «f To:: M "^^ •" ' '"T ^'^™S*™"* ^ the retirem^t 
 
 the Rilf S '' ' ? t'"''*'"'^ "^ S'*'* <■" "'^ Colonies, 
 the Right Honourable E. G. Stanley, and the subsequenJ 
 
100 
 
 appointment of the Right Honourable T. Spring Rice ; the 
 more especially after the repeated declarations of the 
 Right Honourable the Secretary of State for the Colonies, 
 that your Majesty's Government was actuated by the 
 strongest desire to render justice to the people of the pro- 
 vince, by removing the various abuses under which they 
 suffer, and affording to them security against the recurrence 
 thereof. 
 
 That your petitioners, however, regret to state, that not 
 only does the said petition of the Commons of Lower 
 Canada to Your Majesty seem to have been totally neg- 
 lected, but that new abuses have been inflicted upon the 
 people of this province, which if not speedily removed, will 
 tend to increase to an alarming degree, the discontents 
 which have so long prevailed, and will ultimately alienate 
 the affections of the people, even from the Government of 
 England itself. 
 
 That among the additional grievances of which the people 
 of this province have to complain, your petitioners would 
 invite the attention of Your Majesty to the fact, that his 
 Excellency, Matthew Lord Aylmer, is still continued in the 
 Government of this province, after having been formally 
 accused in the aforesaid petition, of" illegal, unjust and un- 
 constitutional conduct," and after having borne himself to- 
 wards the representatives of the people of Lower Canada 
 in a manner insulting to a body, intrusted with legislative 
 functions and destructive of the respect which should be 
 due to Your Majesty's representative. 
 
 That the acts of the Governor-in-chief, of which the 
 people of this province have still to complain, were for the 
 most part enumerated in the aforesaid petition to Your 
 Majesty ; that since that time, the vindictive and bitter 
 feelings, together with the arbitrary and unbecoming con- 
 duct which his Excellency has displayed towards the 
 people of this province, have created an universal feeling 
 of discontent towards his Excellency's administration. 
 
 That among the just subjects of complaint against the 
 present administration of this province, the system which 
 
tot 
 
 is exhibited In the distribution of offices, necessarily hold. 
 uc„„sp,c„ous place, that the chief recommendailnt^ office 
 continues to be a display of „.arked and bitter "^^0"! 
 towards the majority of the people of this province Zh 
 
 n^n^d . ' '"^ oTcumstances; but when they are ap- 
 pointed. It ,s not until they have alienated themsdves 
 
 rests of the country ; and that even the sacred character 
 of just.ce has been recently polluted in its source by the 
 appo,ntmg to the high office of judge of the Ws Bench 
 for the d.str.ct of Montreal, a man the was a violent and 
 deeded partisan of the administration of the Earl „TdTi- 
 
 ^reat number of commissioners for the trial of small causes 
 n different parts of the countiy, intentionally sel cted „„' 
 
 Ua„;:; h' S*""^/'-*'-- f«"» -.ong the notorio s par- 
 tisans of the present administration. 
 
 That another cause of complaint, which has arisen since 
 the aforesaid petition of the Commons of Lower Canada to 
 
 tirr d^f * vr '^^"-4^K":uZ- 
 
 that a few days after the existence of the dreadful scourp,^ 
 in the city of Montreal was ascertained, the corporat „"Tf 
 the said cty, in accordance with its Strict lineTf d"ty 
 passed a senes of resolutions authorizing an apJication to 
 the Govemor-in-chief for an extension^of the quarTntine 
 regulations to the port of Montreal, and for an aid f'r the 
 purpose of forwarding the destitute emigrants to the r dlt 
 tination ; that the answer of the Governor was more hant 
 bare refusal; it was marked by coldness and insuTt that 
 your petitioners are firmly of opinion that the vTmlcnce 
 which the disease su. quently assumed in the said city of 
 Montreal would have been considerably mitigated had the 
 head of theadministi-ation complied wilh i).a payer of h 
 
102 
 
 -,! 
 
 coiponition ; and that the people of the country generally, 
 and more especially the surviving relatives of the 1,300 
 victims who died in Montreal, and of the thousands in the 
 province who have fallen victims to the disease, look upon 
 the conduct of his Excellency as one of the principal causes 
 of their suffering and bereavement. 
 
 That since the aforesaid petition of the Commons of 
 Lower Canada, Your Majesty's Government, in opposition 
 to the prayer of the said petition, as well as to the nume- 
 rous representations on that subject submitted to Your 
 Majesty by the House of Assembly, and by several of its 
 authorized agents, has sanctioned the sale of lands belong- 
 ing to this provirce to several individuals using the title of 
 the " British North American Land Company ;" and your 
 petitioners also have reason for believing that Your Ma- 
 jesty's Government have likewise sold to the individuals 
 aforesaid extensive tracts of land belonging to this province, 
 and thereby have taxed this colony, contrary to the most 
 important and ii.'isputable of the birth-rights of British 
 subjects, which were more particularly acknowledged and 
 confirmed to colonies with local legislatures by the faith 
 and honour of the British Parliament, pledged by the 
 declaratory Act of 1778 ; the violation of which principle, 
 recognized in said Aot, led to the rightful and successful 
 resistance of the former British colonies, and dismember- 
 ment of the British empire : That your petitioners, viewing 
 with alarm such an encroachment upon their political 
 privileges, would fain believe that it has been made with- 
 out considering their constitutional rights, and the pro- 
 visions of said declaratory Act ; that your petitioners, never- 
 theless, solemnly protest against this violation of the most 
 sacred rights of the people of Lower Canada, and pray Your 
 Majesty to recommend to your Parliament the immediate 
 repeal of the Act passed in favour of the said Land 
 Company ; that your petitioners have reason to believe that 
 the said tax is now being paid into the colonial chest of 
 this province for the disposal of the Executive, without the 
 sanction, and in defiance of the expressed will of the Com- 
 
103 
 
 mons of Lower Canada; that your petitioners anticipate 
 with tear, as a consequence thereof, a frightful increase of 
 corruption in this province ; that in addition to the fears ge- 
 nerated by this unconstitutional taxation, and the equally 
 unconstitutional application of the said tax, your petitioners 
 foresee, as arising out of the peculiar powers conferred on 
 the company m question, the destruction of the political 
 independence of the people who may unfortunately become 
 subject to Its control, and who will be rendered basely sub- 
 servient to the said company. 
 
 That the continued dilapidations of the revenues of the 
 province, in direct violation of the constitution, are another 
 source of alarm to Your Majesty's Canadian subjects; that 
 alter the abandonment of the late Colonial Secretary's 
 project to seize upon the said revenues by suspending an 
 Act which did no more than confirm to the Commons of 
 Lower Canada a right previously recognized, without con- 
 ferring any new privileges, Your Majesty's Canadian sub- 
 jects did not expect to be so soon called upon to resist 
 similar unconstitutional encroachments and dilapidations 
 yet very recently the indisputable privileges of the Assembly 
 have b^en again violated by the payment of the public ser- 
 vants, without the sanction or cognizance of the only body 
 authorized to give such sanction. 
 
 That the people of the Old Colonies, now the United 
 States of North America, however much they were ag- 
 grieved by attempts at unconstitutional taxation, had much 
 ess to complain of, on the score of executive usurpation, 
 than the people of this province; the Assembly having 
 repeatedly declared its fixed determination not to sanction 
 that which It must ever consider a tyrannical violation of 
 Its rights, and which the people of this province regard as a 
 virtual dissolution of the constitution, and for the conse- 
 quences of which your petitioners cannot answer. 
 
 That under these circumstances, your petitioners claim 
 for Your Majesty's Canadian subjects Your Majesty's pro- 
 tection against these and similar acts of pillage ; that Your 
 Majesty may, and ought at once to ascertain, in order to 
 
KrI 
 
 104 
 
 bring to just punishment, those who authorized so criminal 
 an assumption of power. 
 
 That inasmuch as no session of the Provincial Parha- 
 ment has intervened since the date of the aforesaid petition 
 of the Commons of this province to Your Majesty, your 
 petitioners abstain from alluding at any length to the in- 
 superable differences and the ever-widening breach between 
 the House of Assembly and the Legislative Council of this 
 province, differences springing out of the very constitution 
 of tue latter body; nevertheless your petitioners cannot 
 avoid reminding Your Majesty, that the aforesaid petition 
 contained a prayer that the Legislative Council as at 
 present constituted be abolished, and that the people of the 
 province be empowered to elect the second branch of the 
 Legislature in future, as the only means of producing that 
 harmony without which internal peace and good govern- 
 ment cannot exist. 
 
 That as an evidence that the people at large fully partici- 
 pate in the opinions of the majority of the House of As^ 
 sembly, your petitioners take leave to refer Your Majesty to 
 the result of the recent elections in the said province of 
 Lower Canada, which avowedly turned upon the a{)proval 
 or the disapproval of the elective principle, and which 
 result is almost unanimously in favour of the said principle. 
 
 Wherefore, your petitioners, expressing the sentiments 
 of the majority of the inhabitants of Lower Canada, pray 
 Your Majesty to comply with the prayer of the aforesaid 
 petitions of the Commons of Lower Canada, dated on the 
 1st day of March, 1834, and also with that of the present 
 petition, by removing the abuses and grievances set forth 
 therein, so that full justice be rendered to the House of As- 
 sembly, and to the people whom it represents. 
 
 And as by inclination, as by duty we are led to do, we 
 shall ever pray for your Majesty's sacred person. 
 
 A. Huot. 
 
 (signed) W. B. Lindsay y 
 
 Clerk of Assembly. 
 
criminal 
 
 Parlia- 
 petition 
 ty, your 
 » the in- 
 between 
 >1 of this 
 stitution 
 I cannot 
 petition 
 il as at 
 le of the 
 1 of the 
 ing that 
 govern- 
 
 r partici- 
 e of As- 
 ajesty to 
 vince of 
 S4)proval 
 1 which 
 rinciplc. 
 itiments 
 da, pray 
 iforesaid 
 d on the 
 present 
 set forth 
 le of As- 
 
 ) do, we 
 
 mbly. 
 
 [Copj/ of a Despatch from Lord Aylmer to the 
 Earl of A berdeen. ] 
 
 Castle OF St. Lewis, Quebec, 
 iVlY Lord, ism March, 1835. 
 
 On the 14th instant I had the honour of transmitting 
 to your Lordship an Address to the King (engrossed on 
 parchment), of the House of Assembly of Lower Canada, 
 on the state of the province. I now take leave to offer 
 some observations on those passages only of the Address 
 which immediately concern my administration of the 
 Government of the province, and abstaining from takiner 
 any notice of the other passages in the Address, in which 
 the proceedings of His Majesty's Government at home, 
 and the House of Commons have been adverted to. 
 
 In the first place, I can only answer to the imputations 
 of the House of Assembly, affecting myself individually of 
 being actuated by " vindictive and bitter feelings," and of 
 arbitrary and unbecoming conduct on my part displayed 
 towards the people of the province," that the truth of those 
 imputations can only be judged of by the public acts of 
 my administration which speak for themselves, and require 
 neither comment nor explanation in so far as regards the 
 leelings and conduct imputed to me by the Assembly. 
 
 Ihe House of Assembly complain, "that the chief re- 
 commendation to office continues to be a marked and 
 bitter animosity towards the people of this province, that 
 It IS sddom men of French Canadian origin find their way 
 into office under any circumstances," and so forth. 
 
 The assertion that it is seldom men of French Canadian 
 
10« 
 
 origin iind their way into office, is best answered by a re- 
 ference to facts. From the accompanying statement, it 
 appears that of 142 appointments which have been made 
 to offices of profit and emolument, from the commencement 
 of my administration in the month of October 1830 to the 
 1st of the present month (March 1835), 80 are of French 
 origin, and 62 not of French or; ^in; that during the same 
 period the appointments, made to offices, not of profit and 
 emolument, amounting to 580, 295 are of French origin, 
 and 285 not of French origin. It thus appears, that in the 
 two instances above-mentioned, the one of appointments 
 to offices of profit and emolument, and the other to offices 
 not of profit and emolument, the advantage is on the side 
 of individuals of French origin. 
 
 In regard of the appointment of commissioners for the 
 trial of small causes in different parts of the country, the 
 same statement shows that those appointments amounted 
 during the same period to 330, of which 151 are of French 
 origin, and 179 not of French origin, leaving a trifling 
 numerical advantage in favour of the latter class, which is 
 accounted for in a nota berte at the foot of the statement 
 
 The appointments to be commissioners for the trial of 
 small causes had no connexion whatever with the general 
 election, during which the Local Government preserved the 
 strictest neutrality. An augmentation of the number of 
 the magistrates in various parts of the country, which had 
 been in contemplation for some time, was suspended on 
 that occasion to avoid anything that could bear the ap- 
 pearance of an interference with the elections; and the 
 same returning officers in the several counties, cities and 
 boroughs who had before performed that office, were reap- 
 pointed, although it was perfectly well known that the 
 greater number of them were favourable to the party op- 
 posed to the Government, and those only of the former re- 
 turning officers were removed (a few in number), who had 
 on previous occasions incurred the censure of the majority 
 of the House of Assembly. 
 
by a re- 
 tmeiit, it 
 en made 
 incement 
 \0 to the 
 F French 
 :he same 
 rofit and 
 h origin, 
 it in the 
 intments 
 .0 offices 
 the side 
 
 for the 
 itry, the 
 nounted 
 French 
 trifling 
 vhich is 
 !menL 
 trial of 
 general 
 rved the 
 mber of 
 ich had 
 ided on 
 the ap- 
 and the 
 ties and 
 re reap- 
 hat the 
 irty op- 
 rmer re- 
 i^ho had 
 najority 
 
 107 
 
 The assertion of the House of Assembly, that the persons 
 appointed by me to office are men who display « a marked 
 and bitter animosity towards the people of this province," 
 raust appear very extraordinary after reviewing the accom- 
 panying statement of appointments to office during mv 
 administration, and it is one which I find difficult to 
 answer, because the individuals alluded to are themselves 
 taken from « the people of the province," towards whom 
 they are represented as entertaining sentiments of "marked 
 and bitter animosity." 
 
 The drift of this assertion of the House of Assembly is 
 evidently to make it appear that the Canadians of French 
 origm are unfairly dealt with in the distribution of offices; 
 and It 18 made a matter of complaint with a certain political 
 party in the province, which is identified with the majority 
 of the House of Assembly, that the Canadians of French 
 origin are not appointed to office in numbers corresponding 
 with their proportion to the whole population of the prc^ 
 vince. Upon this point I take leave to submit a few obser- 
 vations to your Lordship's consideration. They occur in 
 my answer to an address from the inhabitants of Montreal 
 during the last summer, and are introduced here in order 
 that they may be presented to your Lordship's notice in an 
 official form. 
 
 If it be desirable that a rule should be established for the 
 distribution of the honours and employments at the disposal 
 of the Crown amongst the King's subjects in the province 
 ot different origin, according to their relative numbers, it 
 becomes a matter for consideration, in what manner this 
 object IS to be accomplished. Is it proposed to separate 
 and divide into classes the inhabitants of English, French 
 Scotch, Irish and American birth or origin; and in like 
 manner to parcel out into shares proportioned to their res- 
 pective numbers all those honours and employments assign- 
 ing to each class its due proportion ? or, is it proposed, that 
 successively as employments in the various departments of 
 the administration become disposable, they shall be con- 
 
108 
 
 ferred on Individ uuU of the wevoral classes in rotation, 
 thereby estabhshing a species of lottt'ry of the favours and 
 distinctions of Government ? 
 
 In giving effect to the principle of distribution above- 
 mentioned, the necessary calculations for ascertaining the 
 numbers in each class must undergo frequent revisions, 
 with reference to the constant changes going forward in the 
 component parts of the population of the province from the 
 effects of immigration and other circumstances. These, 
 and other details, would inevitably give rise to further 
 complaints and jealousies; but what is more than all to be 
 deprecated, the principle above-mentioned directly tends to 
 keep alive and perpetuate those very distinctions of national 
 origin, which have been complained of, and of which the 
 traces cannot, for the tranquillity and prosperity of the 
 province, be too speedily or too efTectually obliterated. 
 
 It is not in the light in which this subject has just 
 been placed that I understand the liberal views of His Ma- 
 jesty's Government, but rather that the most rigid impar- 
 tiality shall be observed in distributing the honours and 
 employments at the disposal of the Crown, and that with- 
 out reference to national origin, he who may be considered 
 the best qualified for employment, or most deserving of 
 honour, shall be the individual preferred. 
 
 This, as I understand it, is the principle upon which His 
 Majesty's Representative in the province should govern 
 his proceedings in the distribution of the honours and em- 
 ployments at the disposal of the Crown — a departure from 
 it in favour of any particular class can alone constitute a 
 just ground of complaint, and if inflexibly and steadily 
 acted upon, no such ground of complai. "■ rer.sonably be 
 brought forward on any side. 
 
 I have only to add, my Lord, to liie ioregoing obser- 
 vations, that the principles they inculcate have served as 
 th« rule of my public conduct in the administration of the 
 Government of this province; and that in selecting in- 
 Ividuals for office, I have invariablv made choice of 
 
 those whc 
 best quali 
 It appe 
 despatch, 
 to offices ( 
 during m^ 
 bestowed 
 of the He 
 men of Fr 
 under any 
 with rcferc 
 head, I be| 
 that the v 
 church in 
 sides fees i 
 " men of Fi 
 in the pro\ 
 joying a la 
 out of the 
 pleasure, a 
 being ever 
 I beg not 1 
 template, o 
 system of 
 the fact is 
 complaints 
 In additi 
 exclusively 
 pointment 
 country pai 
 of the Prov 
 amounting ! 
 the disposal 
 whom the 
 
 origin. 
 
 Takino- tc 
 of statino' a1 
 
 C3 
 
109 
 those ,vho, according to the \^t of my judgment ,vere 
 
 11 0|.pe..r» fron, the statement which accompanies this 
 despatch, and referred to above, that of the appoin ,nen 
 durilrr/ S""" -".'-l-ent which h.ve'Len Td 
 dur mg „y adm,n,str.t,on, more than one-hulf have been 
 bestowed upon Canadians of French origin. The assert on 
 
 men of Jrench Canadian origin find their way into office 
 under any cncumstunces," has been fully dispLed t, d 
 «.th reference to the complaints of the Assembly upon that 
 head beg to call your Lordship's attention t^o the fact 
 
 hurcUnTh""^ "'.""^ P^-^f"""-' of "- Ro-- Cath* 
 sid^f/ A T"""' '""'''""=' 25'000/. per annum, be- 
 
 men of French Canad.an origin ;•• the head of their church, 
 n he provmce (hnnself invariably a French Canadian enl 
 out of ^ ''"•S",';*''^"'^ ' »f whioh 1,000A per annun, is paid 
 out of the md,lary chest), disposing of that preferment at 
 pleasure, and without the slightest interference or eontro 
 being ever attempted on the part of the Local Govermnem 
 beg not to be understood in stating this fact, that I conl 
 emplale, or would desire to see any change in the p e "nt 
 system of patronage in the CathoMc church-far fZ it 
 the fact 13 brought forward me.^ly with referenc to the 
 complaints of the Assembly. 
 
 In addition to the foregoing advantage enjoyed almost 
 exclusively by - men of French Canadian origin^,- tl ap 
 pomtment of teachers in the schools establlh d in the 
 country parts of the province, under the authority of Ac I 
 of the Provincial Legislature, with salaries and allwanc 
 amounting altogether to 18,000/. per annum, is virtuX at 
 the disposal of the Members of the House of Assembly of 
 whom the great majority (66 out of 88) are of French 
 
 Taking together .he facts which I have had the honour 
 of Slating above, your Lordship will perhaps be of opinion 
 
110 
 
 that the Assembly have no reasonable cause to complaiii 
 of tho jneii of " French Canadian origin" being upon an 
 inferior footing to iheir fellow-subjects of British and other 
 origin in the province, in regard to the enjoyment of offices 
 of profit or emolument. 
 
 The House of Assembly next complain, that " even the 
 sacred character of justice has been recently polluted in its 
 source, by ±e appointing to tne high office of judge for 
 the district of Montreal" a man who was a violent and de- 
 cided " partisan of the administration of the Earl of Dal- 
 housie, and the declared enemy of the laws which he is 
 bound to administer." 
 
 The appointment above alluded to, is evidently that of 
 Mr. Gale, to be puiene judge for the district of Montreal; 
 and the charge of the Assembly, that " he is the declared 
 enemy of the laws he is bound to administer," is one of so 
 great importance, considering the high judicial situation of 
 the accused party, that it may be presumed the Assembly 
 will follow it up by a more formal proceeding directed 
 against Mr. Gale individually ; in which case, an oppor- 
 tunity will be affiarded him of defending his own cha- 
 racter. 
 
 I will therefore only remark, with reference to the ap- 
 pointment of Mr. Gale, that he is indebted for it to his 
 own character for integrity, and professional knowledge; 
 and to the recommendation of a gentleman holding one of 
 the highest judicial appointments in the province, who 
 himself is universally respected. 
 
 For the rest, the political opinions entertained by Mr. 
 Gale, whatever those may be, have never been brought 
 under my notice, in the course of my administration, by 
 any act or proceeding of his ; and it did not appear to me 
 to be either necessary or proper, when the question of ap- 
 pointing him to a seat on the bench was under my conside- 
 ration, to refer to political controversies long past, and upon 
 the merits of which a great Diversity of opinion prevails in 
 the T^rovince. 
 
 K 
 
i complain 
 r upon an 
 I and other 
 t of offices 
 
 ' even the 
 uted in its 
 judge for 
 it and de- 
 rl of Dal- 
 lich he is 
 
 tly that of 
 Montreal ; 
 ! declared 
 one of so 
 tuation of 
 Assembly 
 ; directed 
 in oppor- 
 own cha- 
 
 3 the ap- 
 it to his 
 lowledge; 
 ng one of 
 nee, who 
 
 d by Mr. 
 
 brought 
 •ation, by 
 3ar to me 
 3n of ap- 
 
 conside- 
 and upon 
 revails in 
 
 111 
 
 I I como next to the complaint of the Assembly, in rela- 
 
 I tton to my refusal to comply with the desire exp'^Jed bl 
 
 xtendThT"" 1- '''"'"^ '"""^ *^^ P-* ---er, t^ 
 extend the quarantme regulations to that city, and to Id- 
 vance funds from the public chest in aid of in^nt eml 
 n A reference to facts will in this, as in the foZ 
 case furmsh the most conclusive answer to the complabi 
 of the House of Assembly; but, before I proceed is 
 
 omZL^l T"" ^^"^ ''"'^''P *^^* the'towr^ll 
 of Montreal enters very warmly into the general politics of 
 
 he province and that o. that subject it !ympat£ze with 
 
 the^House of Assembly, of which it may be said to be a 
 
 In the month of July last, the mayor of Montreal ad- 
 dressed a letter t« my civil secretary, and transmitted w!th 
 .t a set of resolutions adopted at an extraordinary meeting 
 of the town-councl, recommending that application should 
 ^ made to me to extend to the city of Montreal the qua- 
 rantme regulations which were then in force at Grosse Isle 
 the quarantine station 30 miles below Quebec; and also' 
 for l^cuniaiy aid from the public funds for the relief of 
 muigent emigrants. Being at that moment absent from 
 Quebec, the above-mentioned communication from the 
 mayor and town-council of Montreal was forwarded to me 
 at borel; and an answer was returned, of which I have the 
 honour of transmitting a copy, and to which I take leave 
 to solicit your Lordship's particular attention, the House of 
 
 andTsult"'""^''""''^ '' '^ ^""^ "'"^^'^^^ ^y-^^^^-« 
 The restrictions necessarily imposed upon vessels arriving 
 
 ItfbrT I ' l^ ^'"'"^ '^'"' *" '^' quarantine regulation! 
 established in the province, have been found productive of 
 great although unavoidable, hardship, inconvenience, and 
 loss .0 individuals, and to the mercantile body, and com- 
 plaints upon that subject have even reached the Colonial 
 Office; to add therefore to those evils, by subjecting indi- 
 viduals to further restrictions, after having undergolie the 
 
h 
 
 f 
 
 necessary detention and examination for the prevention of 
 tlie introduction of disease into the province, required by 
 the regulations of the quarantine station, was if possible to 
 be avoided. The repetition of those restrictions, therefore, 
 was discouraged by me, when suggested by the town- 
 council of Montreal. There is, moreover, another conside- 
 ration which does not appear to have been contemplated 
 by them. The city of Montreal is distant 180 miles from 
 Quebec inland ; and steam-vessels (the usual conveyance 
 in the summer season for travellers from Quebec to Mon- 
 treal) make two stoppages on the route, one at Three 
 Rivers, and the other at Sorel ; so that if it were deemed 
 necessary to extend the quarantine regulations to Montreal, 
 as suggested by the town-council, it would have been equally 
 necessary to extend these regulations, first to Three Rivers> 
 and then to Sorel. In this manner, therefore, persons ar- 
 riving from beyond sea would be subjected to all the re- 
 strictions of quarantine at four distinct stations in succes- 
 sion; namely, at Grosse Isle, at Three Rivers, at Sorel, 
 and finally at Montreal. 
 
 The application for the issue of funds from the public 
 chest in aid of indigent emigrants must have been made by 
 the town-council of Montreal with the full knowledge of 
 my ineiSectual attempts to induce the House of Assembly 
 to make the necessary appropriation for the relief of that 
 class of emigrants, upon which subject I shall have occa- 
 sion to add a few words presently. * 
 
 I cannot refrain from remarking that these complaints, 
 in relation to the extension of the quarantine station to 
 Montreal, and the issue of public money in aid of indigent 
 emigrants, come with a very ill grace from the House of 
 Assembly, under all the circumstances of the case. 
 
 During the session c^ the last year, I sent down a message 
 to the House of Assembly, to the following effect : ; 
 
 " With reference to the measures adopted by the Execu- 
 tive Government, for giving effect to the provisions of the 
 Quarantine Act of the vear 179-5 as communicated to the 
 
vention of 
 quired by 
 possible to 
 
 therefore) 
 the town- 
 r conside- 
 templatcd 
 niles from 
 Dnveyance 
 c to Mon* 
 
 at Three 
 e deemed 
 Montreal) 
 en equally 
 ee Rivers, 
 ersons ar- 
 ill the re* 
 in succes- 
 
 at Sore], 
 
 he public 
 1 made by 
 wledge of 
 Assembly 
 ef of that 
 ave occa- 
 
 )mplaints, 
 station to 
 f indigent 
 House of 
 
 e. 
 
 a message 
 
 le Execu- 
 ins of the 
 
 113 
 no.-,.«h,ef now recommends to the House to take ,„t„ 
 
 t, circunlt " " °'""""/"'' '» be n,ade use of according 
 to circumstances, a sum adequate to defray the expenses ot 
 
 isle, and to provide for its current expenses during the en 
 
 ZiZT'T^V""" "'"^ "^'"S deemed n'ecesa; 
 agam to resort to the provisions of the before-mentioned 
 
 lM^lt^'"'»""'^"^"^^^ '•'""»'"«<' ""noticed on the 
 table of the House of Assembly, and the session termi"a ed 
 
 without any provision whatever having been made bv th! 
 was' TeLr Hoi:':;' Com""' "" T" =" ^'''^''" 
 
 pe-d:^— 7:p=-htr£ 
 
 theae circumstances that, in order to meet the wishes of the 
 
 jTf" . \ ? "" """ of '"demnity has yet b^en passed 
 and for which 1 am therefore still accountable. 
 
 Ihe objections which had been raised in the Upper Pro 
 vince and by a portion of the mercantile body riowe 
 Canada, to the tax upon emigrants, together wi J, ler dr- 
 
 tne session ; and at the sam« time beino- desirousof otr- "' 
 ■ng some temporary aid for the relief of^iu'drntemigrrn':; 
 
114 
 
 I sent down to the House of Assembly (on the 14th Jan- 
 uary, 1834), a message, which I now transcribe. 
 
 " The Governor-in-chief considers it to be necessary to 
 apprize the House of Assembly, with reference to the Act 2 
 Will. 4, c. 17, intituled, * An Act to create a Fund for de- 
 fraying the Expenses of providing Medical Assistance for 
 Sick Emigrants, and of enabling Indigent Persons of that 
 description to proceed to their Destination,' which Act will 
 expire on the 1st day of May next, that it will be his duty 
 to reserve for the signification of His Majesty'* pleasure 
 any Act continuing the aforesaid Act, or imposing any tax 
 on emigrants arriving in this colony. 
 
 " The Governor-in-chief therefore recommends to the 
 House of Assembly to take into consideration the expedi- 
 ency of making temporary provision from the public funds 
 of the province, in aid of sick and indigent emigrants in 
 the cities of Quebec and Montreal, thereby relieving the 
 inhabitants of those places from the appeals on behalf of 
 such persons, which have heretofore been found to be alike 
 burthensome to their means, and distressing to their 
 feelings." 
 
 The message above recited remained, like the preceding 
 one, altogether unnoticed by the House of Assembly, which 
 separated at the end of the session, after having renewed 
 the Emigrant Tax Bill (which, as I intimated to them 
 would be the case, was reserved for the signification of His 
 Majesty's pleasure), but without making any temporary 
 provision for the relief of indigent emigrants, as recom- 
 mended in my message. 
 
 As I have observed above, the town-council of Montreal 
 must have been aware of the fact of my having communi- 
 cated such a message to the House of Assembly, and of the 
 fate of it, when they applied to nie to issue money from the 
 public funds ; and they must likewise have been aware 
 (for two of their body, Members of the House of Assembly, 
 were parties to the measure), that the Assembly had de- 
 manded my impeachment upon certain accusations, amongst 
 
14th Jan- 
 
 ecessary to 
 Q the Act 2 
 and for de- 
 iistance for 
 ons of that 
 ch Act will 
 36 his duty 
 '« pleasure 
 ng any tax 
 
 nds to the 
 the expedi- 
 iiblic funds 
 migrants in 
 lieving the 
 in behalf of 
 to be alike 
 J to their 
 
 } preceding 
 ibly, which 
 ig renewed 
 id to them 
 tion of His 
 temporary 
 as recom- 
 
 f Montreal 
 ; communi- 
 
 and of the 
 jy from the 
 )een aware 
 
 Assembly, 
 ly had de- 
 ls, amongst 
 
 116 
 
 vvhich was one charging me with having taken n.oney f.on. 
 the pubhc chest without legal authority! 
 
 conn!!!; '"^ I'u'^- ^'"^ ' ^^"'^'^ *" '^' ^'^^^^^ °f the town- 
 
 as ail 1 "f \T""" '" ^"''^•""' ^ '^'^^^^ '»-ve been 
 
 assa led f om all quarters for advances from the public 
 
 chest for the estabhshu.ent of hospitals in various pa'rts of 
 tie country; and considering that every circumstance in 
 the p.esent state of this province is laid hold of, and con- 
 In, IH K ^T^ P^'P"'"'' ^ ''^'''^^ '" ^"y «"« instance 
 would have been made the subject of loud and bitter com- 
 
 P amts agamst the Local Government. I felt, moreover 
 that the application of the town-council of Montreal was 
 not such as to justify an exception being made to the rule 
 1 had laid down for my own guidance in regard to the 
 issue of public money, because subscriptions had been 
 raised there, as well as at Quebec, for the relief of indio-ent 
 emigrants. * 
 
 ^ There is only one point remaining to be noticed in the 
 petition of the House of Assembly, which immediately 
 bears upon the local administration; it relates to "the 
 payment of the public servants without (as the Assembly 
 allege) the sanction or cognizance of the only body autho- 
 rized to give such sanction.'* 
 
 I can only state, in answer to that assertion, that the 
 payments made to the public servants, since the failure of 
 the Supply Bill ,n the year 1833, have all been made, ac- 
 cording to the instructions of the Secretary of State, out of 
 the casual and territorial revenue (which belongs to the 
 Crown), and out of the revenues distinctly appropriated 
 and placed at the disposal of the Crown, towards Z sup- 
 poi^ of the civil government and the administration of 
 justice, by the following Acts of the Provincial Legislature 
 namely, the 35 Geo. 3, c. 9, and 41 Geo. 3, c. 13 and 14 
 
 h may be, although not distinctly stated in their petition, 
 that the Assembly likewise complain of the payments 
 recently made to the public officers on account of the arrears 
 of salaries, and contingent allowances due to them, out of 
 
116 
 
 the military chest, equal to 31,000/. sterling. That pay- 
 ment, in like manner, was made in pursuance of the in- 
 structions of the Secretary of State for the Colonial De- 
 partment ; and I have only to remark in relation to it, that 
 although the subject was distinctly brought before the 
 House of Assembly, at the opening of the session which has 
 just terminated, and although almost immediately after- 
 wards they were urged (in my message of the 3rd instant) 
 to make provision for the re-payment of that sum, the As- 
 sembly have separated without even having taken my 
 message into consideration. 
 
 The petition of the House of Assembly embraces several 
 other points, which (as I have already observed at the com- 
 mencement of this despatch) I have left untouched, as not 
 being exclusively directed against my own administration. 
 
 I have likewise abstained from noticing the terms used 
 by the Assembly in describing my public acts, and the 
 feelings imputed to me, confident as I am that the general 
 tenor and language of that body regarding myself will not 
 fail to be appreciated by your Lordship as it deserves. 
 
 I have, &c. 
 
 (signed) Aylmer. 
 
117 
 
 hat pay- 
 f the in- 
 )nial De- 
 it, that 
 jfore the 
 hich has 
 ly after- 
 instant) 
 , the As- 
 iken my 
 
 iS several 
 the colli- 
 de as not 
 stration. 
 ms used 
 and the 
 J general 
 ' will not 
 ves. 
 
 mer. 
 
 ZZt 7 hi L f "''^ ^''^ Aylmerjrom the Commence- 
 ment of his Administration to the 1st March, 1835. 
 
 PERSONS APPOINTED, 
 
 Louis Baribault 
 
 Hector S. Huot, esq. 
 
 George G.Holt, gent.... 
 
 Philip H. Moore, esq. 
 Joseph Fenwick, gent. '. '. 
 
 Louis M. Marchand, and 
 
 Leon B. Leprohon. 
 Michael O'Sullivan, esq.' 
 
 Fred. Aug. Quesnel, esq. 
 John Sewell, esq 
 
 C. A. Detonnancour, esq. 
 
 John Johnson and Pierre 
 Doucet, esqrs 
 
 Francois Laroche and Jo- 
 seph Barnard, esqrs. 
 Anthony von Iffland and 
 Richard Burke, esqrs.. 
 Pierre Gamelin, esq. . . . ." 
 Charles A. Fournent and 
 
 Hercule Oliver 
 
 Joseph M. Badeau and C. 
 
 Edward Gagnon 
 
 John Lewis Ployait, esq. 
 
 Augustin Delisle 
 
 E. Desbarats, C. Dr'olet 
 and J. A. Taschereau! 
 esq 
 
 Hyp. St. George Duprks 
 and George Weeks, esq 
 
 John Crawford, esq 
 
 FranQois Coyteaux and 
 Landr^ Provost, esq. . . 
 
 assistant examiner of 
 
 pilots \ 
 
 secretary to thecoml 
 missioners for erect- 
 ing a marine hospital, 
 inspector of pot and 
 
 pearl ashes 
 
 registrar [ 
 
 marshal of Vice-Ad- 
 
 ™'ralty 
 
 clerks of the old and 
 
 new markets 
 
 King's counsel in the 
 
 ^^^ 
 
 ditto 
 
 gentleman usher of the 
 black rod, Legisla- 
 tive Council 
 
 coroner 
 
 commissioners under 
 the Act for ascertain- 
 ing the population . . 
 
 ditto 
 
 ditto 
 ditto 
 
 ditto 
 
 ditto 
 ditto 
 ditto 
 
 ditto 
 
 ditto 
 ditto 
 
 ditto 
 
 For what Place, &c. 
 Appointed. 
 
 Montreal 
 
 Quebec 
 
 Ditto 
 Freligsburg 
 
 Quebec 
 
 Montreal 
 
 Ditto 
 
 Inferior Dist. of 
 St. Francis 
 
 Co. of Gasp^ 
 
 Co. of Portneuf 
 
 Co. of Richelieu 
 Co. of Laprairie 
 
 1 Co. ofBerthier 
 
 Co. of St. Maurice 
 Co. of Drummond 
 Co. of Chambly 
 
 1 
 1 
 
 Co. of Quebec 
 
 Co. of Montreal 
 Co. of Bonaven- 
 ture 
 Co. of Terrebonne 
 
118 
 
 PERSONS APPOINTED. 
 
 •V 
 
 At 
 
 iff 
 
 1 S'H 
 . I'll 
 
 Andrew, Russel, esq 
 
 Leon Noel and Damasse 
 Larice, esq 
 
 John Baker, esq 
 
 William Henry, esq 
 
 Jean Ol. Arcan, esq 
 
 Pierre Anniot, esq 
 
 Pierre J. Mathon and 
 Amiable Rochettc, esq. 
 
 J. F. Tetu, esq 
 
 Alexandre Mabbutt, esq., 
 and J.B. Meilleur, esq. 
 
 Augustin Rocher, esq. . . 
 Baptiste Bomeville and 
 
 Pierre Patrie, esq 
 
 Othaner H. Day, esq. . . 
 William Ritchie and Silas 
 
 H. Dickerson, esq. . . 
 Pierre Lambert and Pierre 
 
 Paradis, esq 
 
 Nazaire Larne, esq 
 
 Louis Ruel and Joseph 
 
 Gosselin, esq. 
 John Dyde, esq 
 
 F. H. Goodhue, esq 
 
 Barth. Tierney, esq 
 
 Andrew Armour, esq. . . 
 Thomas P. Anderson, esq. 
 George Thos. Griffin, esq. 
 
 Charles Panet, esq 
 
 Augustin Keeper, esq. . . 
 
 P. Panet, esq 
 
 Hughes Heney, esq 
 
 Charles N. Perrault, esq. 
 
 Joseph Parant, esq 
 
 Joseph Morin, esq 
 
 Errol B. Lindsay, esq. . . 
 
 Ditto 
 
 John IVrCallum 
 
 OFFICE. 
 
 commissioners under 
 
 the Act for ascertain - 
 
 ' ing the population . . 
 
 ditto 
 ditto 
 ditto 
 ditto 
 ditto 
 
 ditto 
 ditto 
 
 ditto 
 
 ditto 
 
 ditto 
 ditto 
 
 ditto 
 
 ditto 
 ditto 
 
 ditto 
 inspector of pot and 
 
 pearl ashes 
 
 registrar 
 
 comptroller of customs 
 
 joint King's printer. . 
 
 registrar 
 
 ditto 
 
 joint coroner 
 
 secretary to commis- 
 sioners 
 
 King's counsel in the 
 law 
 
 law clerk, House of 
 Assembly 
 
 president physician. 
 Board of Health , . 
 ditto 
 
 health commissioner 
 
 registrar Trin. House 
 
 treasurer ditto 
 
 inspector offish and oil 
 
 ORIOIN. 
 
 a 
 
 h 
 fa 
 
 1 
 1 
 
 2 
 1 
 
 2 
 
 I 
 
 2 
 
 2 
 1 
 
 
 1 
 2 
 
 For what P1ac«, &c. 
 Appointed. 
 
 Co. of Mdgantie 
 
 Co. of Lotbini^re 
 Co. of Missisquoi 
 Co. of Sherbrooke 
 Co. of Yanmska 
 Co. of Veschires 
 
 Co. of Champlain 
 Co.ofSt.Hyacinthe 
 
 Co. of L'Assomp- 
 tion 
 Co. of Lachenaie 
 
 Co. of Beance 
 Co. of Ottawa 
 
 Co. of Stanstead 
 
 Co. of Dorchester 
 Co. of Orleans 
 
 Co. of Bellichasse 
 
 Co. of Quebec 
 Co. of Sherbrooke 
 Portof Coteau Du 
 Lac 
 Montreal 
 Co. of Mtigantie 
 Co. of Ottawa 
 District of Quebec 
 
 Chambly Canal 
 
 Quebec 
 
 Ditto 
 
 Ditto 
 
 Ditto 
 
 Ditto 
 
 Ditto 
 
what P1ac«, &c. 
 Appointed. 
 
 of M^gantie 
 
 of Lotbini^re 
 of Missisquoi 
 of Sherbrooke 
 of Yanmska 
 of Veschires 
 
 of Champlain 
 ifSt.Hyacinthe 
 
 of L'Assomp- 
 
 1 
 
 of Lachenaie 
 
 of Beance 
 af Ottawa 
 
 )f Stanstead 
 
 of Dorchester 
 of Orleans 
 
 of Bellichasse 
 
 of Quebec 
 of Sherbrooke 
 of Coteau Du 
 
 treal 
 
 of Mtigantie 
 >f Ottawa 
 rict of Quebec 
 
 nbly Canal 
 
 lec 
 
 PERSONS APPOINTED. 
 
 119 
 
 OFFICE. 
 
 Oliver Godbout . . . . 
 Alexander Morrison 
 Peter Merekeil . . . . 
 Itobert Nelson, esq. 
 J. U. Delisle, esq. . . 
 John Delisle, esq. . . 
 
 Ditto 
 
 Edward Armstrong . . . , 
 
 William Pardey, esq 
 
 Pierre Beaubien, esq. . . 1 
 Geo. M . Douglas, esq. . . 
 F. X. Perrault and Alex- 
 ander Scott, esqrs. . 
 
 T. W. Willan, esq ". ' 
 
 Hon. Philip Panet, esq. . 
 Thomas W. Lloyd, esq.. . 
 
 R^n^ Hamel, esq * 
 
 Francis J. C. Arnoldi,esq. 
 
 J. B. Bacquet, H. S. Knot, 
 
 and E. Caron, esqrs. . . 
 
 Michael O'Sullivan, P.De 
 Rocheblave, and John 
 Finlay, esqrs 
 
 T. Coffin, P. Vezina, and 
 Hughes Heney, esqrs . 
 
 Geo. Johnston Holt, esq. 
 
 inspector offish and oil 
 ditto 
 ditto 
 health commissioner 
 
 water-bailiff 
 
 treasurer of Trinity 
 
 House 
 
 registrar 
 
 harbour-master .... 
 resident-physician .. 
 ditto 
 ditto 
 
 joint clerk of the peace 
 clerk of the Crown , . 
 
 puisne judge 
 
 registrar 
 
 advocate-general.... 
 resident physician . . 
 
 commissioners under 1 
 W. 4, c. 61, for sub 
 division of parishes. 
 
 ditto 
 
 ORICilN. 
 
 u 
 
 a 
 I 
 
 1 
 I 
 1 
 
 1 
 I 
 
 1 
 
 1 
 
 1 
 ] 
 
 Elzear J. Duchesnay, esq. 
 
 J. W. Willan, esq 
 
 Olivier Val^rand 
 
 Robert Armour, jun 
 
 Ditto 
 
 Dominique Mondelet, esq. 
 
 P. li. Panet, esq 
 
 Hugues Heney, esq 
 
 J. Delisle and Alexander 
 
 M. Delisle, esqrs 
 
 Charles R. Ogden, esq. 
 Charles Fortier, esq. . 
 Ebenezer Peek, esq. . 
 
 ditto 
 inspectors of pot and 
 
 pearl ashes 
 
 clerk of the Crown 
 ditto 
 
 water-bailiff. 
 
 registrar and clerk of 
 Trinity House, 
 treasurer of ditto . . I 
 King's counsel in the 
 law. 
 
 grand voyer 
 
 ditto 
 
 joint clerk of the peace 
 
 attorney-general 
 
 health officer 
 
 King's counsel in the 
 law. 
 
 •2 a 
 
 b< 
 
 For what Place, &c. 
 Appointed. 
 
 Quebec 
 
 Ditto 
 
 Ditto 
 
 Montreal 
 
 Ditto 
 
 Ditto 
 
 Ditto 
 1 Ditto 
 1 Ditto 
 
 Ditto 
 
 Gasp^ 
 
 District of Quebec 
 
 Ditto 
 
 Ditto 
 
 Co. of M^gantie 
 
 Prov.ofLo.Canada 
 
 Montreal 
 
 District of Quebec 
 
 Dist. of Montreal 
 
 District of Three 
 Rivers 
 Dist. of Montreal 
 District of Quebec 
 Ditto 
 Quebec 
 
 Montreal 
 Ditto 
 
 Dist. of Montreal 
 District of Three 
 Rivers 
 Dist. of Montreal 
 
 Quebec 
 
 Inferior Dirtrict of 
 St. Francis 
 
120 
 
 PERSONS APPOINTED. 
 
 Alexander M. Delisle, esq, 
 
 Michel Barbean, esq 
 
 Michel Barbean, gent, . . 
 Michael O'Sullivan, esq. 
 
 Francois Fortier, esq 
 
 R. Wyat, gentleman . . . , 
 
 Robert Hamilton, esq. . . . 
 Paul Joseph Lacroix,esq. 
 
 Martin Shefford, esq.. 
 James J. Taylor, esq. . 
 David Chisholm, esq.. 
 William Dalton, esq.. 
 George M. Muir, esq. 
 Francis M. Lepailleur 
 Robert Hoyle, esq.. . . 
 
 George Proud 
 
 Buckley Rowley 
 
 Charles Deguise, esq. 
 
 John Davidson, esq. . . . 
 
 German Savard 
 
 Francois Grenier 
 
 Samuel Gale, esq 
 
 Edward Desbarats, esq. . 
 
 John 1 hompson, esq. . . , 
 
 William K. Rayside, esq, 
 Barth. Simon dit Lafleur 
 Theodore Davis, esq. . , . 
 
 John Meyer, esq 
 
 Thomas Amiot, esq 
 
 John Wilki«, esq , 
 
 OFFICB. 
 
 clerk of the Crown . . 
 inspector of weights 
 clerk of the hay market 
 solicitor-general .... 
 inspecting physician, 
 inspector of beef and 
 
 pork 
 
 comptroller customs 
 commissioner for the 
 subdivision of pa- 
 rishes 
 
 sheriff 
 
 registrar 
 
 coroner 
 
 inspector of scows . . 
 
 registrar 
 
 measurer of scows . . 
 collector of customs 
 inspector of flour. . . . 
 ditto of beef .... 
 commissioner for the 
 sub-division of pa- 
 rishes 
 
 clerk of the Crown in 
 
 Chancery 
 
 inspector of fish & oil 
 ditto ditto 
 
 puisne judge, Court of 
 
 ' King's-bench 
 
 clerk of the Court of 
 Appeals 
 
 commissioner for the 
 collection of tolls . . 
 
 assist, harbour-master 
 
 water-bailiff 
 
 registrar 
 
 ditto 
 
 clerk of the Crown in 
 Chancery 
 
 clerk of the peace, &c. 
 
 ORIGIN. 
 
 
 80 I 62 
 
 For what Pluc«, *e. 
 Appoiuted. 
 
 Montreal 
 
 Ditto 
 
 Ditto 
 
 Grosse Isle 
 
 Montreal 
 Ditto 
 
 District of Quebec 
 
 Ditto of Gasp^ 
 
 County of Ottawa 
 
 Dis.ofThreeRivers 
 
 Chateauquay 
 
 Co. of M^gantie 
 
 Chateauquay 
 
 Stanstead 
 
 Montreal 
 
 Ditto 
 
 District of Quebec 
 
 Ditto 
 
 Quebec 
 
 Ditto 
 
 Montreal 
 
 Chandi^re bridge 
 
 Quebec 
 
 Ditto [tains 
 
 Co. of Two Moun- 
 
 Co. of M^gantie 
 
 Inferior District of 
 Gasp^. 
 
 "V- 
 
 TOTAL 142 
 
lat Pluce, tie, 
 )pointed. 
 
 eal 
 
 I Isle 
 sal 
 
 t of Quebec 
 
 if Gaap^ 
 
 ' of Ottawa 
 
 PhreeRivers 
 
 uquay 
 
 M^gantie 
 
 uquay 
 
 ad 
 
 al 
 
 t of Quebec 
 
 al 
 
 ^re bridge 
 
 [tains 
 rwo Moun- 
 t'l^gantie 
 
 District of 
 
 121 
 
 Statement showing the Number and Origin of Person, appointed 
 LommmiONers of Small Causes, and the Number and Origin of 
 Persons appointed to all other Offices not of Prof ^ or Emolu- 
 mentjrom the commencement of the Administration of his Ex- 
 cellency Lord Aylmer, to the Ist March, 1835. 
 
 Appointments to office not of 
 
 profit or emolument. 
 Ditto . commissioners of small 
 
 causes. 
 
 French Origin 
 
 Not of 
 French Origin, 
 
 295 
 151 
 
 TOTAL. 
 
 285 
 179 
 
 580 
 330 
 
 Friloi?*"^ majority of commissioners of Small Causes not beine of 
 
 ihZJ"^'":' " """^""/"^ ^^^ ^y '^^ ^*^'' that nearly one-S of 
 these appomtments are for the townships, where persons of F ench 
 
 X ;/;.V„:f ^'.^"' "*!^T ^^^ F-nc^Ianguage^ not spoken 
 r^nZlf • ^ °'^^''' includes persons of every other origin who have 
 settled wi'tK^'lK*'"'"''' "'7 '"^"y °^ ^''^"^ ^--^ descendenfs of famihes 
 fdentln -.K^fuPT"""" ^^"^ '"^"''^' generations, and who are as much 
 
 Arsons of F '^.' ^'- '""''T' ^*' '^' P^°^'"^« ^' '^' '« possibrfor 
 persons of French orrgin to be. A fact which is alike applicable to 
 
 every description of appointment, whether of emolu mento?o?Wse 
 
 Salle du Conseil de Ville Montreal, 
 
 T^yr . 12 Juillet, 1834. 
 
 Monsieur, 
 
 Les Docteurs Robert Nelson et Guill. J. Vallee, deux 
 des conseillers de ville, et deux des membres du comity sani- 
 taire de Montreal, ayant eu connoissance personnelle qu'il 
 existoit, depuis hier, des cas de chol6ra Asiatique en cette 
 ville, m en ont inform^ aujourd'hui vers midi ; en m'engage- 
 ant a convoquer extraordinairement le conseil, pour aviser 
 aux mesures qu'il conviendroit de prendre dans une circon- 
 stance aussi mena5ante. 
 
 J'ai imm6diatement convoque le conseil de ville, qui a 
 
123 
 
 cru devoir sicger h huis clos (t\ 3 heures p.m.) pour no 
 point allarmcr trop t6t le public par unc deliberation qui 
 pouvoit avoir cet effet par la nature des infonuations que 
 Messrs. Nelson et Vallee devoient y donner, 
 
 II paroit done, par le rapport de ces messieurs (comme 
 par celui que j'ai eu depuis du Dr. P. Beaubien), que du 
 nombre des emigres, amenes dans ce port par le " Lady of 
 the Lake," il en est decede un, hier, dU cholera Asiatique, 
 au faubourg St. Anne, maison de Joshua Bell; qu'un autre 
 (une femme enceinte) a succombe tl la m^me maladie, ce 
 matin, aux Hangards des emigre's, eriges dans la commune 
 de Montreal ; et qu'un troisitime individu en est atteint k 
 I'hospital general, ou il a etc transporte. 
 
 Le conseil de ville a done cru qu'il ne pouvoit tarder h 
 prendre toutes les mesures de precaution que la foible pru- 
 dence humaine, I'experience exer9ee de la faculte, et les 
 sages previsions du legislateur, pouvoient suggerer et indi- 
 quer dans I'inter^t de la sante, et de la vie m6me de nos 
 concitoyens, comme dans I'inter^t de I'humanite en general, 
 si facile d'adapter et de raettre en pratique ces mesures de 
 precaution, la maladie devoit crottre et s'etendre au de 1^ 
 des limites de cette cite, comme elle I'a fait d'une maniere 
 si desastrueux en 1832. 
 
 Vous verrez, monsieur, par la copie ci-incluse des delibe- 
 rations du conseil de ville, les resolutions qu'il a prises 
 aujourd'hui dans le but ci-dessus. Je vous les adresse de 
 la part du conseil, pour que vous les soumettiez de suite a 
 son Excellence le Gouverneur en Chef, en le priant de vou- 
 loir bien prater une oreille favorable aux urgentes sollicita- 
 tions qui lui sont personnellement faites par quelques unes 
 de ces resolutions, dont I'execution est dans les attributs du 
 chef de I'administration et nom du conseil de ville. 
 J'ai I'honneuc d'etre, Monsieur, &c. 
 
 (signe) J. Viger, Maire de Montreal. 
 
 Lieut. Col. Craig, 
 Sec. Civil. &c. &c., Quebec. 
 
J 23 
 
 Skance du Consfil oe Villk Montheal, 
 Samediy 12 Juillet, 1834. 
 Pr<:.sent8 :~M. Lc Muire, Dr. Chs. A. Lusignau, Purtou 
 Penn, Dr Gu.li. J. Vallee, M. Pierre Dufre«ne, John Da- 
 "ega.re, Augustin TuUock, Julian Perrault, Nahuu. Hall 
 
 M. le Mane a mfonne le conseil qu'il I'a convoqut; extra- 
 ordmairement ce jourd'hui, en consequence de la communi- 
 cation que lui auraient fliites. vers midi, Mess, les Drs. Ro- 
 bert Nelson et Vallee (deux des membres de cc conseil) 
 qu I existait du cholt:ra Asiatique, depuis hicr, dans Mon- 
 treal, et que m6me une des personnes atteintes de cette ma- 
 ladie y avait succombe ce matin. 
 
 Sur motion du Dr. Valine, second^e par M. Tullock : 
 Kesolu, Qu'il soit fait application immediate j\ son Ex- 
 cellence le Gouverneur en Chef, pour le prier d'etend.e, 
 ^-ous le plus court d^lai possible, a la ville de Montreal, les 
 avantages de I'Acte de la 35 Geo. 3, c. 5, ou de la qnaran- 
 tame; en autant qu'il existe depuis hier, dans cette ville, 
 plusieurs cas de cholera Asiatique, et qu?i la connoissance 
 personnelle du moteur, une des personnes atteintes de cette 
 maladie y a succombe ce jourd'hui. 
 
 Sur motion de M. Perrault, secondee par M. Tullock; 
 Resolu, Que les hangards et I'ambalance, ^lev^s dans la 
 commune de cette ville, pour I'usage des emigres et des cho- 
 leriques, et maintenant en la possession temporaire de la 
 societe des emigres, soient de ce jour mis sous la surveillance 
 d'un comite de cinq des membres du conseil de ville, pour, 
 par le dit comite, faire servir les dits batiments ^ telles fins, 
 qu'il lui semblera les plus propres a conserver la sante pub- 
 I'que. 
 
 Resolu, Que Messrs. Perrault, Nelson, Vallee, Lusignan 
 et Penn composent le dit comite. 
 
124 
 
 On motion of Dr. Nelson, seconded by Dr. Vallee : 
 Resolved, That Drs. P. Beabien and Monro, jun., be re- 
 quested to take charge, under the direction of the above 
 committee, of the cholera sick at the sheds, on the common, 
 until further provisions be made, either by his Excellency 
 the Governor in Chief or by the common council. 
 
 On motion by Mr. Penn, seconded by Dr. Lusignan : 
 Resolved, That a representation be made to his Excel- 
 lency the Governor in Chief, stating that there are at pre- 
 sent in Montreal a great number of indigent emigrants, 
 without the means of proceeding to the Upper Province, 
 many of vrhom are suffering from illness, and that there are 
 no public funds appropriated for their relief; that the health 
 cf this city is endangered from this cause ; and praying that 
 his Excellency may grant such relief as the urgency of the 
 case requires. 
 
 On motion of Mr. Hall, seconded by Mr. Voyer : 
 Resolved, That the common councilmen of each ward be 
 instructed to visit every house and premises in their respec- 
 tive wards, and to report to the mayor all such infractions 
 of the police regulations, prejudicial to the public health, 
 as may fall under their observations, to the end that proper 
 measures may be immediately adopted for the protection of 
 the health of the citizens. 
 
 Sur motion du Maire, secondee par M. Danegaire : 
 Resolu, Que le comite des chemins prenne sans delai les 
 moyens les plus efficaces, d'assainir les parties basses et 
 malsaines de la cite, et que, tant par I'ouverture de fosses, 
 ou la construction de canaux souterrains, propres a faciliter 
 I'ecoulement des eaux stagnantes, &c., que par tels autres 
 travaux que le comite jugera plus convenables et moins 
 couteux selon la nature des lieux a ameliorer. 
 
 Pour vrai extrait des procedes du conseil de ville. 
 
 (signe) P. Anger, Sec. C^. 
 
r. Vallee : 
 , jun., be re- 
 of the above 
 the common, 
 3 Excellency 
 nl. 
 
 . Lusignan: 
 a his Excel- 
 ! are at pre- 
 t emigrants, 
 3r Province, 
 lat there are 
 It the health 
 praying that 
 jency of the 
 
 Voyer : 
 ach ward be 
 ;heir respec- 
 infractions 
 blic health, 
 that proper 
 •rotection of 
 
 megaire : 
 ms delai les 
 is basses et 
 e de fosses, 
 is a faciliter 
 • tels autres 
 ;s et moins 
 
 ville. 
 Sec. O. 
 
 125 
 
 Sir SoREL, I6th July, 1834. 
 
 LielZalf 'l "^Tn "™.'''''' •'"'y '2tb, addressed to 
 
 nnnutes which accompanied it of the proceedings of the 
 own counci of the city of Montreal of the same date e- 
 latmg to the public health of that city, bavin, been t™ - 
 muted to the Governorin Chief at this place, hfs ExceUency 
 has duected mc to signify to you in answe^ that althoul 
 always d.sposed to promote any measure having for its ol. 
 
 of Mon'trClT'r °n *"' ''"''"" ''^'""' "f 'helhabi Js 
 of Montreal, h>9 Excellency apprehends that it is not in his 
 
 power to g,ve effect to the suggestions of the town counci 
 
 rol ZrT"--, '^'"' -f-»« '0 the first rZu. 
 ton of the town counci, at their meeting on the 12th in 
 s ant, h,s Excellency has to observe, thauhe Act ther in 
 alluded to (35 Geo. 3, c. 6,) is now, and has been er s^e 
 the openmg of the navigation, in full operation ; and under 
 ts provisions, and the proclamation founded n;on them of 
 the 17th April last, all vessels arriving in the province from 
 sea are subject to the strictest examination, and every m^ 
 sib e precaution is used at the quarantine station at K 
 Isle to prevent the introduction of disease ; and as a further 
 security, measures have been taken at Quebec for the n Id! 
 ca examination of the passengei-s of vessels which „'' 
 accidentally have passed Grosse Isle without conformi," to 
 the regulations established there. Nothing therefoio°re- 
 mains to be done, in so far as regards the operation of the 
 counties." ' ''"'" ""* "°™'"^ "^ -'"•™"' "ihel 
 
 Nevertheless, should it be deemed advisable by the town 
 council of Montreal, as a local measure of precaution t! 
 cause the state of health of passengers arriWngTn ^ll! 
 boats or other vessels to be examined previously to h" 
 obtaining permission to land, the Governor inChLapnre 
 hends that that object may be accomplished by 1,^!"^ 
 
>\ 
 
 126 
 
 municipal regulations. But this, as well as other measures 
 ot precaution purely local, must be left to the wisdom of the 
 town council, in conformity with the powers with which 
 they are invested by law. 
 
 With reference to the fourth resolution of the town coun. 
 cil, his Excellency directs me to observe, that he can readily 
 beheve in the truth of one fact therein mentioned, namely, 
 that there are at present in Montreal a great number of in- 
 digent emigrants without the means of proceeding to the 
 Upper Province ; that such would prove to be the case 
 during the present season of navigation, the experience of 
 past years could leave no room to doubt; and were this sub- 
 ject now brought under the noticp oi tht -[^overnor in Chief 
 for the first time, he v ould in ^[\ probability be induced to 
 incur the responsibility of providing for their passage to the 
 Upper Province out of the public funds. Circumstances, 
 however, into which it is unnecessary to enter on the pre- 
 sent occasion, render such a step on the part of the Gover- 
 nor in Chief highly inr.:pedient; and his Excellency has 
 only to observe, with /eferonce to the application for the 
 relief of those indigent emigrants, contained in the fourth 
 resolution of the town council, that there are no public funds 
 appropriated for that object. 
 
 I have, &c. 
 
 (signed) Hoioel Paynter, Lt & A. D. C. 
 To the Mayor of Montreal. 
 
 FINIS. 
 
 C. WHlTflKGH*!!, TOOKS COWRT, CHANCRRY 
 
 LANS. 
 
ther measures 
 wisdom of the 
 8 with which 
 
 le town couno- 
 le can readily 
 •ned, namely, 
 lumber of in- 
 seding to the 
 be the case 
 jxperience of 
 'ere this sub- 
 rnor in Chief 
 e induced to 
 issage to the 
 'cumstances, 
 on the pre- 
 Pthe Gover- 
 cellency has 
 tion for the 
 1 the fourth 
 3ublic funds 
 
 A. D. C.