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1 2 3
1
2
3
4
5
6
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SJ^^'^.. .
^f-.rrn
4'
IN' i
II
THE
BELATINC
OK riN
. ''i^OVBR.:
S.-!
\-^ ...
NOTICES
» , t
Nos. 3, 3, 4, 6,
;>
1827,
INANSWER TO AN ARTICLE
PUBLISHED
=3
CO
I
IN MR, NEILSON'S QUEBEC GAZETTE
,0r THE 28tu December, I8i26|,,
|'v> : f^^
ENTITLED
« THE ENSUING SESSION OF THE PROVINCIAt PARLIA.
MENT OF LOWER-CANADA," .
RELATING TO THE EXISTING DIFFICULTIES IN THE PROVINCIAL LEGISLATUBX
ON FINANCIAL MATTERS, IN CONNEXION WITH. THE SUrfORT 07 THE OlVXb
ftOVERNMENT OF THE FROTINCE.
n'.
0JEBEC: :
PRINTED BY T* CARY & CO. FREEMASONS' HALL.
■ ' i«/
*
\ .
fej
"S
h lo ;?g. iSf<r iVa
« Ti
*i ingcDi
** the nx
<« of thit
« eouuti
** repres
it formii
i
« THB ENSUING SESSION OF THE PROVINCIAL PAR*
UAMENT OF LOWER CANADA."
'< Ths queitioD still at isiue, let it be stated in whatsoerer form the
** ingenuity of the human vAnd can devise, is reducible to this : Shatf
'< the monies now paid, or which may hereafter be paid, by the inhabitant
^* of this Province, in virtue of laws passed in the Parliament of the mother
*< country, or in this colony, be disposed of without the consent of thf
** representatives of the people, the Legislative Council and His Majesty,
** forming the established authority of the Province ?"
The (old) Quebec Gazette, 28th December, 1820.
It is very certain that this is not the question at issue, nor any thing
like it. It is only one of those specious expositions in which the rank
advocates of democracy — supreme, unqualified democracy — think proper tp
disguise that question. Nor is the question about this or that administnu
tion ; — nor about the " inherent' rights j (as understood in the article
quoted) of British sut^jects.^*
None of their rights are immediately in question or endangered, in the
sense in which that article would have it: but they are indeed, neverthelesj
deeply concerned in a sense very different from that in which the Gazette
views them. Their right to the integrity of the Constitution,— their right to
be governed by three^ — and not by one branch of that Constitution, — their
right that those powers and privileges, which, for their benefit, are vested
inthe other branches of the Constitution, not less valuable to Engfishmea
than those committed to the representative branch, shall also remain equal-
ly respected and inviolable, — their right to see, that under pretext of
asserting rights in their name that are not at all at stake^ the asserters
themselves are not the aggresssors, and actively engaged iii despoiling them
of others equally important to the welUbeing of the Constitution ; — these
rights are in question, and deserve very serious attention.
The question, or rather the questions, for several are involved, relate in
their immediate connexion to very different rights from those about which
the (old) Quebec Gazette would take any interest in vindicating :— the
rights of the King and Parliament of Great Britain, — the sovereignty of the
firitish Government in this Province, — the right of His Majesty's subjects,
natives of the Province, and of Englishmen adopting this as their home, tp
look to that Government and Parliament, as the model and example of the
Provincial Legislature, and to claim their protection against all attempt^
in any one branch of the Provincial Legislature to set at naught the rightfl
or privileges of either of the other branches. "^^
The question is not whether this or that administration shall be supported
or opposed, as popular or unpopular ; but that very paramount one, whe-
ther <?>y^ MmvMtrc^id^ of the British GoveroiQeDt shall be siis^i^e^and
-^fl^^^Mii
%
*.;-■ /
m
4
lawfully supported, unless it accede to sach terms as the popular branch
shall think i>roper to dictate— annually dictate — in the application as well
of those monies already appropriated by Act of the British Parliament for
the support of the Civil Government of the Province, as of those annually to lie
voted to supply for that purpose the deficiency required by the Government.
The .question is also, whether the terms dictated and insisted upon, are
consistent with the principles of the mixed Government undsr which we
live : — whether by a compliance with them, the Government would not
divest itself of that right by wiiich it is sovereign, and governs permanently
in the Province, and thereby staking its existence on the annual and preca-
rious will of the people, become a Government on mere sufferance, — to be
supported or cast off, just as it might suit the temper of the people, or the
fancy of the times ; — in a word, whether, in such a case, while we vainly
imagined ourselves in the enjoyment of the advantages of a mixed constitu-
tion of government, consisting of three branches, — we should not be essen-
tially a Republic, governod by one branch, enforcing republican maxims
through the agency of two other branches submitting to its dictates : — in
semblance, a mixed Government ; — in reality, a Republic.
There can be no question that the concurrence of the three branches is
necessary to the appropriation of all unappropriated monies levied on the
subject in this Province, whether by Act of the British Parliament or of the
Provincial Legislature. The (Old) Quebec Gazette goes, however, a step
further, and under the latitude of its position, implies, that in practice the
consent of those three branches is also necessary, as well with respect to
the monies that are already appropriated for the support of the Civil Go-
Ternment, (and as such, exclusively belonging to the King for that purpose)
as with respect to the unappropriated monies : that is, — that the monies
appropriated, no matter by what authority, (whether of the British Parlia-
ment or Provincial Legislature) towards the support of the Civil Govern-
xnent, cannot, nevertheless, be applied to that purpose without the special
direction and appointment of the House of Assembly, whose pretensions,
in the way the above question is stated, are not so apparent as their
reality requires. If they really were as unpretending as they there lie
modestly couched among the rights of the other branches, they would not
be of any great moment.
The question at issue, however, is not whether the consent of the three
branches be necessary to the appropriation or payment of monies levied in
the Province, and at the disposal of the Legislature, for about this there can
be no question : — But the question, which really is " still at issue, let it be
stated in whatsoever form the human mind can devise, is reducible to this ;"
Shall the fund already appropriated by Act of the British Parliament
towards the support of the Civil Government of the Province, be now
disappropriated by the Jiat of owe (the popular) branch of the Pro-
vincial Legislature, and the whole Civil Government thereby disor-
ganized, to be again put together and upheld in such way as that branch
shall dictate ? The question rather relates to the repeo/ of an Act which
has alrea
ipropriate
* While
in dispul
while the
open and
\ most sen
! when th«
J all is co^
bien. L
trouled
undoing
those brt
repeal o
when it
plea of
excusab'
Altho
great lati
derstand
Governi
be con Hi
The I
duties, I
and Act
priated.
disposal
Thetl
III ch. 1
of whicl
fititnte a
• The
that they
appropri
the Adn
They do
beentaki
to the A
applying
" Thn
" ing, I
•• paid
" Recei
•« first I
'•' penae
" in the
" jesly's
•• herel
•' hand
'< dutie
»♦ shall
'( ditpo
opular branch
cation as well
Parliament for
annually to he
Government,
sted upon, are
idsr which we
nt would not
9 permanently
lat and preca«
ranee, — to be
people, or the
hile we vainly
ixed constitu-
not be essen'*
lican maxims
dictates : — in
ee branches is
levied on the
Tient or of the
)wever, a step
n practice the
ith respect to
the Civil Go.
that purpose)
it the monies
British Parlia-
Civil Govern.
}ut the special
e pretensions,
urent as their
they there lie
hey would not
t of the three
)nies levied in
this there can
issucy let it be
■ible to this ;"
ih Parliament
nee, be now
of the Pro-
ereby disor-
s that branch
in Act which
hat already made an appropriation^ than to the enactment of a law to ap'
propriate :•— to the undoing^ rather than the doing of a legislative Act.
While the " inherent rights of Britbh s'jhjecls'* are held up as the object
in dispute, let us see whether such be really the case, and take care lest,
while the aasertersare preaching for rij^hts, they are not themselves the most
open and daring spoliators of them. The assertors of rights are not (he
most scrupulous in the world of committing wrongs, — atrocious wrongs,—
when their interests av their passions are engaged. According to them,
all is covered under the healing maxim of un petit mal^ pour un grand
hien. Let us keep in mind our indubitable right to the free and uncon.
trouled opinion of three branches of the Legislature to the doing or
undoing of every legislative act or law ; and that every attempt in any of
those branches to force its will upon the other, either in the enactment or
repeal of a law, is a flagrant violation of our rights. That such an attempt,
when it is made, is not the less odious because done under the speciouft
plea of nsserting the inherent rights of British subjects ^ nor the more
excusable because done in their name.
Although the question^ as laid down in the (Old) Quebec Gazette, is of
great latitude, the whole article is pointedly levelled a. the existing misun>
derstanding with respect to the expenditure for the support of the Civil
Government of the Province, and the present article shall, therefore, also
be confined to the same subject.
The public monies levied in this Province, consist principally of import
duties, upon articles of trade imposed by Acts of the Imperial Parliament,
and Acts of the Provincial Legislature. Some of these monies are appro-
priated. Others of them are unappropriated, and as such remain at the
disposal of the Legislature.
The duties levied in the Province under one of the British Acts (14 Geo.
Ill ch. 88) amount annually to about twenty-five thousand pounds sterling,
of which one-fifth goes to the Government of Upper Canada. These con.
stitnle a fund, which is by that act appropriated* towards the support of
* The Assembly pretend that Ihey do not question the appropriation, but insist
that thoy have a right to appoint and direct the distribution of it, tor the purposes of its
appropriation, i e j to appli/ ihe fund in such items to the several offices connected wMii
the Administration of Justice and Civil Governnieni, as they shall annually di' '.
They do not, however, satisfactorily account fur (lie way in which this assumed right ;i:t:i
been taken from the Lords of the Treasury, in whom, by the Act it is vested, to bt- given
to the Assembly. The Act itself may be consulted to advantage, as to the right of
appluing the fund in ({ucsiion, for which purpose the following extract is given, viz :—
" That all the monies that shall arise (except the necessary cnargcg of raising, collect-
" Ing, levying, recovering, answering, paying and accounting for the samej shall be
** paid by the Collector of Plis Majesty's Customs into the tiands of His Majesty's
" Receiver General in the said Province for the timp being, and shall be applied in the
" first |)Iace in makjng a more certain and adequate provision towards paying Ihe ex«
'*' pensesofthe Administration of Justice and of the support of the Civil Government
" in the said Province ; and that the Lord High Treasurer or Commissi uners of His Ma-
" jest]/'s Treasury, or any three or more of them for the time being, shall be and is or are
" hereby empowered from time to time by any wairantor wairants under his or their
*' hand or hands to secure such money to be applied out of (he said produce of the said
" duties, towards defraying the said expenses; and thiit the residue of the said duties
*' shall remain and be reserved in the hands of the said Receiver General for the future
" dispoBition of Parliament."
i
\t:\l
I *
i {
i 1
(
i )
\ \
6
tlw Chil GofcnraiMt of ths Prorlnee of QnebM) now tho ProfliMMui of
Upper Bad Lower Canada. There is aUo an appropriation of about iif«
thousand pounds sterling, annifklly, towards defraying the Administration
of Justice in tliis Province, by an Act of the Provincial Legislature (34
Geo. Ill ch. 0), which sum, with so much of the proceeds of the former
Act as appertain to Lower Canada, amounting together to something like
twenty-five thousand pounds sterling, constitute a permanent fund for tho
permanent support of the Civil Government of this Province.
The duties imposed by the British Act were in tteu of other pre-eiisting
duties, which at the time of and previous to the conquest, were levied in
the Colony and appertained to the French King. By. that event and by
treaty, they devolved upon the King of England, but were discontinued by
tiie act mentioned, which imposed others (as they now exist) in their stead,
establishiog these as a fund, to defray the Administration of Justice, and
for the support of the Civil Government in the Province.
Besides these, there are other monies levied in the Province, to a very
considerable amount, as well under British as Colonial Acts, but being
unappropriated, they of course remain at the disposal of the Provincial
Legislature. With respect therefore, to them, there can be no doubt that
they cannot, in the words of the (Old) Quebec Gazette, '' be disposed of
without the consent of thr Representatives of the people, the Legislativt
Council and His Majesty, forming the established legislative authority of
the Province,*^ nor has this doctrine ever been denied. But the dispute
does not relate to these unappropriated monies. The pretensions, as
already observed, go much farther. They go to dispossess the Government
of the appropriated fund, which, although held by the King long before
the present Constitution of the Province, is not now to be applied (if
these pretensions are to prevail, and they are the preiensions of the Assem-
bly on/y) without the consent of the three branches, although this doctrine
is insisted upon but by one of them, the two others disavowing it. — Nay,
further stHl,r-the Assembly urging these pretensions, which the other
izoo branches, as respects the fund in question, utterly disclaim and resist,
contend that without their authority and consent any application of the
oionies of that fund is not constitutional — implying, by this subtilty, that
the want of their authority and consent to a pre-existing law (the ena<;t«
ment of a higher authority) is of itself sufficient to suspend and repeal
that law.
This fund consisting of duties substituted for others, to which the King
fcad, in the opinion of Parliament, an undoubted right, the Government of
the Province has hitherto applied, as far as it would annually go, for the
purposes of its appropriation, that is io say, towards defraying the adminis-
tration of Justice and the salaries of the Civil Officers. The Assembly
have annually had a statement of the manner in which the fund has been ap-
plied, but the Government has according to La^ (14 Geo. IIL cb. 88,) uni-
formly denied that body all controul over the application of it, as not being
of their gift or grant, but held indepcadently of the Provincial Lcigislatnre.
Tho If
1810 to
ment to
be suppl
monies
by the c(
tkey hav
\ text cam
people, t
hgiilativ
Here
the Assc
the Civi
acted up
Civil Li
any sum
unless t
be of the
With
funds, i
Govern!
direct tt
however
directini
branchei
case do
on wha
holding
the risk
oan one
Butt
except
I away fr
qoate a
I beholde
said, th
dispens
course <
branchf
previou
payabh
appoini
Civil G
assume
fund, t
jdkonies
noniea
i
e Proflneoi of
1 of about fif«
Administration
legislature (Si
8 of the former
lomething liks
it fuod for th«
er pre-existing
were levied ia
t event and by
UscorUinued by
in their siead,
f Justice, and
nee, to a very
cts, but being
ttie ProTincial
no doubt that
be disposed of
he Legislative
r authority of
ut the dispute
retensions, as
e Government
Bg long before
be applied (if
of tlie Assem-
li this doctrine
nng it. — Nay,
ich the other
Im and resist,
ication of the
I subtilty, tbaA
f (the enact-
ad and repeal
hich the King
rovernment of
ly go, for the
; the adminis-
rhe Assembly
I has been ap-
ch. 88,) uni>
;, as not being
d Leigislatnre.
i
Th« ifiideqti&cy of tile f«nd, tad the Toliintary offer of the Assembly la
1810 to assume the charge of the Civil Government, induced the Govern*
nent to call upon the Assembly In 1818 to this effect. The deficiency to
be supplied by the Provincial Legislature, coming from the unappropriated
monies of the Province, cannot be otherwise constitutionally obtained, than
by the concurrence of the three branches, as. these we funds over which
they have an absolute controul, and which therefore, in the words of the
text cannot be disposed of idthout the consent of the Representatives of the
people f the Legislative Council and His Majesty, forming the established
legislative authority of the Province.
Here however, two main difficulties have arisen. In the first instance,
the Assembly will only vote the sum which they may deem necessary for
the Civil List, annually ; refusing to adopt the principle recognised, and
acted upon in England, at the commencement of every reign, to fi.n the
Civil List for the King's life. And in the second place, they will not vote
any sum out of the unappropriated monies in aid of the appropriated fand,
unless the latter, which is not of their gift, as well as the former which is to
be of their gift, be applied as they think proper to appoint and direct.
With respect to the supply which might be given from the unappropriated
funds, in aid of the appropriated fund, towards the support of the Civil
Government, the general doctrine that the Commons may limit, appoint and
direct their grant as they may think proper, is in some degree applicable. If
however, the terms and conditions (under pretence of the appointing and
directing right) on which the supply is offered, be such as the other
branches cannot accede to, so much the worse,— the government must in that
case do as it can. If the Commons will not give what does belong to them
oA what the other branches consider constitutional terms, it is with*
holding their own, — withholding it perhaps too tenaciously : — possibly at
the risk of dissolving the Government, — but still it is nithholding their
oton ond nothing more.
But this is not all. As if it were not enough to withhold their own,
except upon terms inadmissible by the other branches, they would take
away from the Government that fund which belongs exclusively to it, inade-
quate as the fund is, towards its support, and for which it is in no wise
beholden to the Provincial Legislature. In prosecution of this proj.^ct, it is
8&id, the consent of the three branches of the Provincial Legislature, is in-
dispensible to the application of the appropriated fund. But in the usual
course of legislation on money matters, before this consent of the other tzeo
branches is to be called for, the popular branch are to exercise their
previous right of directing, limiting and appointing the several salaries
payable out of this fuud r and in the exercise of this directing, limiting, and
appointing power, the right of excluding altogether certain offices of the
Civil Government, (in existence years before the present constitntion,) is
assumed by the Assembly. It is to this power to be so exercised over this
fund, that consent in the other branches is wanting. It is not because
Hkonies are applied teithout the consent of the three branches, but because
monies otcr which the Assembly have no contru^!, bdog alrefidy appropria-
l\
*
8
ted and applicable under an Act of the Imperial Parliament, are appUed
without their consent, which the previous appropriations have rendered
unnecessary. The other branches will not consent to the dictate of the
Assembly for disappropriating monies belonging to the King, under a pre-
tended right in the latter to apptj/ (hem, and this is what the Old Gazette
calls a question about disposing of monies toithout the consent of the estab-
Ushed Legislature^ as if to dispose of their own and to dispossess the Crown
of its nionies, were not very distinct propositions.
They think proper to dent/ the right of the Government to apply Its own
fund to the purposes of its appropriation, 'and assume that right themselves.
This right the two other branches in turn deny to be in them (the Assem-
biy), and upon this denial by the ttco othor branches, of such an assump-
tion in the popular branch, the Old Gazette, with a hop, skip and jump
peculiar to itself, leaps into, and intrenches itself behind the doctrine to
which it has reduced the question, as if the doctrine would justify every
excess attempted under colour of it.
It is because the tiao other branches of the Legislature refuse their
assent to this measure for dispossessing the Crown of its hereditary revenue
in the Province, by the Assembly, with a view to the re-application of it,
according to the dictate of that body, diminishing some and excluding
other salaries altogether, that we are told the question at issue is, as stated
in the quotation at the head of this article. It is because the two other
branches refuse their assent to repeal a law, by which the Crown has the
entire and sole disposal of the fund in question, and to place that fund at
the entire controul of the Assembly, that the question at issue is thus misre-
presented in the Old Quebec Gazette. Some well meaning and otherwise
well informed persons led astray by the light in which the question is put,
and which taking for granted as properly put, warmly take up the doctrine
laid down in it, as if it were denied in the abstract. They never dream that
the doctrine promulgnted, and (he practice attempted to be introduced un-
der cover of that doctrine, are at variance and repugnant ; — that while
they are told with much assurance, the question is reducible to this simple
one " shall the monies paid by the inhabitants of the Province he disposed
of without the consent of the Representatives of the people^ the Legislative
Council and His Majesty, forming the established Legislature" it never-
theless essentially is a very dilTerent one, and that in preaching this, other
very extraordinary and unconstitutional pretensions are on the part of
the Assembly urged under pretext of this reasonable position.
They are not aware that the " inherent rights of British subjects^* are
but rallying words to mislead the nnwary, and that not these rights, but
the rights of the King, equally important to the .peace, welfare and
good Government of his subjects, as their own, are the real matter in
contest : — they are not sensible that the question is not as pretended,
about disposing of nionies without the consent of the Legislature: but
rather, to constrain two of its branches to co-operate with tlve third in dis-
possessing a rightful owner of his property ; — less a question about giving-
iOf than taking from ; — not about the disposal of roooies by a law to be
i
passed \
to take
by the
hfanches
point CO
branch a
ated moi
much th
! It is u
I Old Gas
1 not also
I to His i\
controul
any thin
the R«>pi
Who
Legislati
In the
the usual
obtainini
abolition
superced
nothing.
The dire
that. IJ
proper t
royal coi
pension,
honour t
Instead (
constitui
entitled,
wave all
he were
lation, w
abroad a
The ^
Colonies
to have (
in any o
ated as i
practice
and appt
Uppe
have ne
there, w
I case pre
It, areapptted j
have rendered dpasied with content of the three br»nehet of the Legislature : bot aetoallf
dictate of the ito take away monies already dUpoied of by law, and to abrogate that law
) under a pre- I by the sole ^at o( one o( those branches. While the coMftfn/o/' Me /Are*
le Old Gazette I tranches to the disposal of moniea paid by the inhabitants, is held out as tha
il of the estab' I point contended for, the struggle is for ditpossessing by the dictate of one
less the Crown I branch against the consent of the two others, the gOTernment of its appropri*
ated monies. The consent here alluded to in the Old Gazette, is not so
> apply Its own ' much that which is necessary to the making, as to the breaking of a law<
ht themselves. | It is upon such a case, and with respect to matters so situated, that tha
n (the Assem- j Old Gazette, forsooth, raises and reduces the question quoted. May it
not also be reducible to the following ?— Shall an Act of Parliament giving
to His Majesty monies, over which the Parliament had an unquesttonabia
contrnul, towards the support of His Civil Government, be abrogated by
any thing short of the consent of the King, the Legislative Council, and
the Representatives of thepeople, forming the Legislature of the Province ?
Who does not know that the consent of the three branches of tha
Legislature is as necessary to the repeal, as to the enactment of a law. ?
In the convenient practice to be introduced under this reduced doctrine,
the usual constitutional courtesy, of addressing the King for the purpose of
obtaining His Majesty's free consent for the reduction of such salaries or
abolition of offices, as the popular branch may deem unnecessary, is entirely
superceded, and His free will and judgment on the subject is to go for
nothing, as if He had no such will or judgment to exercise in the matter*
The directing and appointing power is every thing, and He must yield to
that. His honor, and faith to old servants, (whose offices he might think
proper to abolish upon an address, submitting reasons to that effect, for tha
royal consideration,) and their claim for some remuneration in the way of a
pension, or otherwise, are to be of no account, as if no such faith and
honour existed, or if existing, not to be respected by the popular branch.
Instead of uptiolding that consideration, to which as one branch of tha
constitution and the head of the Executive Government, the Kint; is
entitled, and for the good of his subjects even bound to sustain, He is to
wave all pretensions to an opinion of his own, as if in such matters nona
he were entitled to, — cease to be a free agent, nor have even a veto in legis-
lation, when the Erecting and appointing power were in array and went
abroad against him.
The writer in the Old Gazette appeals to the practice of the other
Colonies. He ought in this respect to have been a little more explicit, and
to have given a few instances. There is reason to believe that no practica
in any of them (with respect to monies so appropriated, and similarly situ*
ated as the fund in question,) would bear him out in the dispossessing
practice he alludes to, as attempted to be introduced under the directing
and appoiniina, system.
Upper Canada participates in this very same fund in question, yet wa
have never understood that the directing and appointing power prevailed
eh an assump*
kip and jump
le doctrine to
justify every
re refuse their
ditary revenue
plication of it,
and excluding
le is, as stated
the two other
)rown has (he
e that fund at
I is thus misre>
and otherwise
aestion is put,
p the doctrine
ver dream that
ntroduced un-
; — that while
to this simple
ce be disposed
he Legislative
re" it never-
ng this, other
the part of
ion.
subjects'* are
se rights, but
welfare and
?al matter in
s pretended,
^islature: but
third in dis-
about giving-
a law to be
there, with respect to iti application. The practice in that. Province, in a
case precisely similar to our own is directly agsinstthe Old Gazette :— -I'
B
\-/
■•
i^
10
not, let the proof be brought forward. In that Province there is cause Ui
believe that the Crown Fund, as it is there catted, consisting in part oil
these very monies levied in Lower Canada, and appropriated under the
14th Geo, III, ch. 88, is subject to any order of His Majesty's Govern^
ment, and this to the entire exclusion of the Assembly. The casual an^
territorial revenue in that Province, corresponding to the revenue under the|
same designation in this Province is held to be in no way under the con*
troul of the Provincial Legislature, and no account of it has hitherto been!
rendered to that Body except by Special Permission on a recent occasion J
which therefore is no precedent. Are the people of Upper Canada less
sensible of their " uncontrovertible'^ rights, or less disposed to assert and]
vindicate them, if in question in this matter, than the people of Lower!
Canada ? There is cause to believe, that in Nova>Scotia, the Assembljrj
distinctly admit all monies raised in the Province, by Act of the British
Parliament, antecedent to that of the 18 Geo. lif, ch. 12, to be beyond]
their controul, aod as such, not subject to be appropriated by the
Provincial Legislature.* Tlie case is of course different with respect to'
monies levied there by Acts of the British Parliament, subsequent to
that date.
It has been seen, in the preceding part, that the real, question is not
about the concurrence of the three branches of the Legislature to an act of
appropriation, for disposing of monies levied on the people of the Province,
but rather about disappropriuting and dispos. sing the King of a fund
lawfully appertaining to him -.—that it is not so much a struggle about the
manner in which a supply is to be given to the King, in aid of the fund
appropriated towards the support of his Civil Government in the Province,
as about the most etfectual means of talcing azcaj/ the inefficient fund He
already possesses for that purpose ; — that it is not so much to enable the
Government to be constitutionally carried on, as totally to paralt/ze it, to
the end that it may be again put in motion at the^a^ of the Assembly, un-
der the directing and appointing system. — That the matter, as stated in the
Old Gazette, is not in fact the question, but the question in disguise.
The Assembly insist that /Aey shall appoint and direct the application of
the fund appropriated and belonging to His Majesty for the support of his
Ci»il Government of the Province ; but from this assumption, tending to
dispossess the King of a revenue he holds independently of the Legislature
of the Provhue, the iico other branches formally dissent. It is this dissent
from such an assumption in one branch to disappropriate the fund alluded to,
and applj/ it as they please, that gives rise to this sophisticated misapplica-
tion of the query brought forward, to wit, ^^ shall the monies paid b^ the
inhabitants of the Province be disposed of without the consent of the estab-
lished Legislature ?" — which in point of fact is not «he question. The
question is not one of disposing of monies by appropriation j but one of
tpoliution.
The reader, it is hoped, distinctly sees the difference between the doc-
trine held out as the matter in dispute, and the point really in question, as
atteovpted to be practically carried into effect under colour of it j^ — thatth*
* £•• not* (A) at til* •nd.
tctrine b
lid Gaxe
xtice a
minting ri
It was f
ich a pra
rith respe
tse dixit
loints.
On the
\nA re sea
>ropriate(
laps a hi
'.xecuttve
if the Ass
If the kit
Urecting
irecedent
The A!
ibserved,
Ihisir direi
Fund ; bu
issttuie til
'rovince
n as wel
rince arc
rreater p
there rem
It may
opointin
ippropria
leap intt
the Ci"l
in which
lamn) c
The G
jthe SessI
« I have
^tocall «
I ordinary
I pursuant
* Governi
the Bumi
ernmeni
tically
Jjesty's I
f be uecc
11
(here is cause Ui
!sting in part oil
•ated under the
ajest)r»8 Govern,!
The casual and
iTcnue under thel
under the con»
itrine by oo meant justifies the practice aimed at ; — ^and that when th«
Id Gazette speaks of ^^ the practice of the Coloniety** it cannot be such a
'actice as the one intended here under the pretended directing and ap«
ioting right and power of the Assembly orer the appropriated monies.
It was for the Gazette making the assertion, to tiave shewn instances of
eh a prac/tceiu any of the Colonies, as that contended for in this Province,
-. ith respect to appropriated monxes. In the total absence of proof, ita
las hitherto beeDVfe dixit must go for little or nothing on this, as well as on some other
recent <?ccasion, joints.
On the contrary, it is probable that it would not require very great time
nd research io give instances, of monies levied in the Colonies, and ap«
ropriated by Act of the British Parliament, that have been hr years (per-
aps a hundred or lipwards), and to this very day are applied by (he
^»ecutive Government of the Colony where levied, without the intervention
", to be beyondsf the Assembly or colonial Legislature in any shape. Possibly an instance
ipriated by thelf the kind may be fouud even in Jamaica^ to which the advocates of the
witli respect iolUirecting and appointi,^^ system turn with great complacency for
subsequent to precedents.
. , ^ -The Assembly of Upper Canada (the Government whereof, as already
(.question is not jbbserved, participates in the fund iu questior > are content with exercising
ture to an act ofsheir(/f;'ec/{ng-and appointing right over the supply they give in aiWof this
of the Province,
>er Canada less
d to assert and
people of Lower
the Assembly
t of the British
f^ing of a fund
uggle about the
aid of the fund
in the Province,
fficient fund He
h to enable! the
i paratj/ze itf to
und ; but over the fund itself they have never assumed, nor attempted to
ssume the least controul. Whether it is that the people of the Upper
rovince understand their rights and privileges in the Constitution less than,
r as well as, the people of this Province ; or that the people of this Pro-
ince are by peculiar privilege and favour entitled to the exercise of
reater powers in the Constitution than they, casuists may determine, if
here remain a doubt on the subject.
It may be interesting to trace the rise and progress of the directing and
Assembly, ati' Appointing doctrine as understood with respect to its application to tho
as stated in the Appropriated fund ; for it did not, like Minerva from the brain of Jupiter,
1 disguise. peap into its present perfect shape. Other anomalies that have arisen on
application of the Ci'il List are also worthy of notice, in order that the reader may ieo
! support of his on which side the misunderstanding (if it can properly be palliated by that
ion, tending to name) exists.
the Legislature The Governor in Chief, Sir John Sherbrooke, in his speech, on opening
t is this dissent-^ihe Session of the Legislature in 1818, said with respect to this matter,
und alluded tOy |« I have received the commands of His Royal Highness the Prince Regent,
ted niisapplica- j to call upon the Provincial Legislature to vote the sums necessary for the
ss paid bj/ the I ordinary annual expenditure of the Province." He also added, that in
I pursuance of these directions, which he had received from His Majesty's
I Government, he should order to be laid before the Assembly an estimate of
I the sums which would be required to defray the expences of the Civil Got-
: ernment of the Province during the year 1818, " and," said he— cmpha«
Itically addressing himself to the Assembly,— •" I desire you, in His Ma-
^ jesty's name to provide in a constitutional manner the auppliek which will
of the estab
[uestion. The
1} but one of
ween the doc-
in question, as
r It J— that tb* f be uecessary for this purpose.**
t
j,y-
S k
«
ii
'?,;
{(
' ^
it
i
I?
By thli speech then, be acqoidnted the Legislature that he wu com-
manded to call upon them '^ to Yote the sums necessary for the ordinary
annual expenditure of the Provincef" which he desired the Assembly to
provide for <* in a constitutional manner." What was the manifest mean-
ing of these latter words ? — Clearly it was, that manner which by the praC'
tice of the mother country, had been established as the constitutional man-
ner ; — That constitutional manner by which at the commencement of every
reign (since the Revolution,) the ordinary annual expenditure of the Civil
List is, once for all^ fixed, and limited for the Ring's life. It is not
annually to be provided during the King's reign ; — but the annual expett'
diture is at the beginning of each reign to be provided for, fixed and
limited, once for all, during the whole reign. This is what the Governor
must have understood : — the constitutional practice of the British Par-
liament.
These words of the then Governor in Chief hare subsequently beea
inverted, and woefully perverted from their plain manifest sense and mean-
ing, to suit the doctrine since set up and insisted upon by the Assembly with
respect to the Civil List. But to return,
The estimate for 1818, as laid before the Assembly to gnide them in
their vote for the supply in aid of the fund already at the disposal of the
Government, amounted in all to j|^3,646 8. 0, currency, to meet which,
the Government estimated the probable amount of its appropriated fund for
(he year, at ^33383 currency, leaving a balance to be provided forj of
^40263 8s. 9d. currency^ out of the unappropriated funds at the disposal
offthe Legislature.
Much time was expended in debate on this matter, but the Assembly,
finally concluded by an address ** representing to His Exceliencyj that the
*< House having taken into consideration His Rxcellency's recommendation
** on the subject of the expences of the Civil Government of this Province,
« for the year 1818, have voted a sum not exceeding j^40?63 8, 9^ cur*
<^ rency, towards defraying the expences of the Civil Government of this
« Province, for the year 1818, exclusive of the sums already appropriated
<< by Law ; but that the peculiar circumstances which have prevented the
*^ House from receiving at an earlier moment the estimate of .the Civil List,
*^ Revenue and Public Accounts ; and the advanced state of the Session,
not admitting the passing of a Bill of appropriation for the purpose, they
pray His Excellency will be plehsed to order that the said sum, not ex-
ceeding J^40963 8 9, currency, be taken out of the unappropriated^
monies which now are, or hereafter may be in the hands of the Receiver
*{ General of this Province, for the purposes aforesaid ; and assuring His
** Excellency, that this House will make good the same at the next Session
** of the Provincial Parliament.'*
By this vote no assumption was pretended. The manner in which the
Civil List should be provided for, whether annually^ by a vote for that
purpose, or '' in the constitutional manner" of voting, once for all, *' the
sums necessary for the ordinary annual expenditure of the Province," as
expressed by the Governor's speech, was indeed undetermined, and open
|r further
^ting an i
bed in th
bntedthe
rhich in
itionalmt
9to play,
'spossessii
Iretended
Jo such tl
Dunds we
DUnds we
Imitation
|her direi
he expem
|te or TH
lien, the s
In the f
|een, in d
rom the u
laid ** toa
incefor ti
kY LAW F
kalf« with
lither Hot
lount ta
|)pointm«f
It is ala(
> aid of tl
against
of this
DEa AI
PBOVIN
i-om all i
lie Impel
With tl
lave cont
pecifyinj
Emitting t
tvas prete
Iheordini
er how i
vas urge
^nd accoi
This w
lid not ii
iDce bee
11
t he wu com-
r the ordhary
B Assembl}^ to
nanifest meaq-
ih bif the prac-
•Uutional mati'
iment of eveiy
re of the Cifil
fe. It is not
annual expen^
for, fixed and
the Governor
e British Par-
qqently beea
ise and mean-
Assembly with
S;aide them in
Isposal of the
» meet which,
iated fund for
OTided for^ of
t the disposal
ie Assembly,
ncyj that the'
ommendatibn
hi« ProTJnce,
3 8, 9y cur*
ment of this
appropriated
irevented the
he CiTil List,
the Session,
mrpose, they
sum, not ex-
appropriatec^
the Receiver
assuring His
next Session
1 which the
vote for that
•rail, "the
rovince," as
1^, and open
ir further consideration: bnttlr- : waanp expre88i9i| of the HQ;iseindi4K .
iting an intention of deviating f the " Constitutional Manner" as prai^
sed in the mother country. TLc ** peculii^r circumstances" alone pre-?
;nted the Assembly in that Session from providing for the Civil List,
vhich ir. 1810 they had spontaneously offered to assume) " in the const;hf
ttionalmanner.'" The directing skad appointing T\^^^t had not yet cQm«;
ito play, with respect even to the unappropriated monies, much less thf
ispossessing pretensions with respect to the appropriated fund, and the.
Iretended right of directing and appointing its application to the Civil L«t..
To such things were.yet thought of seriously. Forty thousand and some odd'
mnds were asked for by the Government, and forty thousand andsome odd;
)und8 were accordingly granted it, by the Assembly, without any other
tmitation than that it should not exceed ^40,263, 8s. 9d; currency^ nor
iher direction or appointment than that it should go " towards defraifing
\e expenses of the Civil Government of this Province for IS-IS, exolu*
|VE OF THE SUMS ALREADT APPROPRIATED BY LAW." Up tO this period^
len, the JM»w already appropriated bi/ law were inviolably respected.
In the following Session of the Legislature (1819) this snm, which- had
leen, in consequence of the Address of the Assembly, advanced and talfea
l-om the unappropriated monies in the hands of the Receiver General, and
laid " towards defrajfing the expenses of the Civil GovernmerU of the Fro^.
fncefor the year 1818, over and above the sums already appropriated:
fY) LAW Foft THAT PURPOSE," was made good by an Act passed in this be*
lalf, without any reference in the Act (and indeed without any d^bateipv
^t her House) as to the precise application which had been made of the
nount taken and paid on that vote, nor question about any directiou or
>pointm<fnt prefixed to that aid.
It is also worthy of remark, that the sum mentioned, given as a supf^yi
aid of the unappropriated fund, waS'by this Act *^ directed to be cbargedi
against the unappropriated monies in the hands of the Receiver General:
of this Province, which may have been raised, levied, and coUectedruif-
DER and nY VIRTUG OF ANY ACTOR ACTS OF TKR LEGISLATURE OF TUM^
province;" — so cautious were the Legislature hitherto, of abstaining^
rom all interference with any monies levied under authority of Adsof
le Imperial Parliament, or by any other authority than their own.
With this Session (1819) however, the diificulties sprung up which since
lave continued to agitate the Legislature. The Assembly passed a Bill^
>enfying every item or salary attached io each office for the year, i.oti
Emitting the smallest of them, as well as the contingencies to each. It
|»as pretended that this was the ^'constitutional manner" of providing for
the ordinary annual expenditure of the Civil List in this Province, no mat«
?r how it might be done in England, or in other British Colonies ; but* it
^as urged, nevertheles, that the course now adopted was analogous to
ind accordant with the '^ practice^' of the other colonies in the like case.
i This was the beginning of the directing and appointing doctrine. But it.
fid not in this Session extend to the dispossessing perfection to which it hac
Ince beencarried. 11x9 appropriated fnad under the 14th Geo. III. cb^
mm^
u
•^
88, was not immediately attempted to be directed or appointed In iti appti'
cation ; nor was the supply in aid of it to be given out of the unappropriated
monies. All mention of both these funds, and any distinction between
appropriated and unappropriated monies was studiously avoided, that the
controul of both mijjht be encompassed by general terms. Accordingly, tho
Bill which the Assembly passed on the dccasion, provided generally,
** that out of the Public Monies which now are or that hereqfter
shal( come into the hands of the Receiver General of this Province,
ihefoUowing sums of monei/ shall be appropriated^ and shall be res-
peciively paid, to defray the expenses of the Civil Government of this
Provinccyond the salaries of the several officers hereinafter mentioned,
from the 1st day of November^ 1818, until the 3\st day of October,
J8I9, inclusively. The retrenching and excluding power was,
however, exercised in the omission of certnin offices, which, (no mention of
them being made in the Bill,) were therefore to be considered as extin-
guished on this account.
Under the general and comprehensive denomination of Public Monies,
the appropriated fund w»s understood to be included, and as such, (aU
though noc in express terms,) to be limited, directed, and appointed
in its application, among the offices recited In the Bill. Appropriations
which the Provincial legislature had formerly made, were treated less scru-
pulously, as being a less delicate matter than interfering boldl)' with an
appropriation by Act of the Imperial Parliament, and in the directing and
appointing assumption, thejf were to make part of the Public Monies now
to be applied under the Bill. For instance, the five thousand pounds
sterling, permanently appropriated by the Provincial Statute of S5 Geo. 3,
ch. 9, towards defraying the expenses of the Administration of Justice and
the support of the Civil Government, were specifically included, and to
make part of the monies appropriated for the year, under the denomination
of Public Monies, as also the monies levied for the current year, under the
45th Geo. 3, c*^. 12, and 51 Geo. 3, ch. 12, and by those acts appropriate
ed for the contingrnt expences of the Trinity House, and payment of
salaries to the officers belonging to it.
The Legislative Council rejected this Bill as unconstitutional, and at
variance with the usage followed in the mother country in similar cases.
The Session of 1820 went over without the transaction of any public
business, the Assembly having declared itself incompetent to act, owing to
the want of the return of a Representative for Gaspe.
But the question which at this stage principally agitated the Legislature,
was, whether the Civil expenditure should be permanently or temporarily
provided for ; the directing and appointing matter not yet being at maturity,
nor the appropriated fund attacked in direct terms, was tothe present time
comparatively a subject of minor importance. This was the grand question
upon which public opinion was at work, and undecided.
Accordingly, at the opening of the first Session of the New Provincial
Parliament, on the King's accession to the tbronei in December. 1820, th«
a (
jes
ifid
o:
|Jovernoi
this subjc
r ^^ Q
I " I ha
|<« Admin
** Reven
<( Ish
I" in pay
f** manen
•** vernmi
I** unavoi
r* of the
I** Reven
"Froi
I" yo"
I** amouii
I" by _
j« Maji
;** con'
I** pies
[** perma
r " to sus1
I" advan
In ans
"We
hich
** duty a
** your 1
** maner
" the us
« this e
** declai
** terity
** benef
" togetli
** which
§" liarly
I ** approi
I « the re
»> « Parlii
** Govei
i ** ingof
\ Tills
I on the ci
I Civil Lit
! Sir Jo
I Legislat
I
1
15
ted In iti appU-
inapproprialed
ctioii between
ded, that the
xdrdingly, the
led generally,
hat bereq/ler
his Province^
i shall be res-
'nntent of this
er mentioned^
of October,
power was,
no mention of
red as extin-
iBLic Monies,
as such, (aU
nd appointed
ippropriations
ated less scru-
loldl^ with an
directing and
; Monies now
usand pounds
of 35 Geo. 3,
>f Justice and
luded, and to
denomination
sar, under the
ts appropriat'*
1 payment of
ional, and at
ilar cases.
f any public
act, owing to
; Legislature,
r temporarily
^ at maturity,
! present time
'and question
}w Provincial
er. 1820, the
rOTcrnor fn Chief, (Lord Dalhousie,) in his speecb, obserred In respect to
this subject —
**■ Gentlemen of the House of Assembly,
'* I have given orders that accounts of the General Expenditure in the
['* Administration of the Government, during the last two years, and of the
'< Revenue collected, shall belaid before you in the usual way.
'< I shall also lay before you accounts of the expense annually incurred,
in payment of the Salaries and Contingencies of the Civil Officers, per-
f << manently established for the service and support of His Majesty^s Go-
*** vernment in this Province, including such occasional payments as are
|« unavoidable under it, (Charge J^45,000.) To that I shall add a statement
'< of the annual product of the permanent taxes and hereditary territorial
l*< Revenues of the Crown. (Revenue, J^3,000.)
" From these documents, formed upon an average of the last six years,
p' yoi) will perceive that the annual permanent revenue is not equal to the
r' amount of the annual permanent charge upon the Provincial Civil List,
P< by a deficiency of j^22,000 ; and I have it in command from His
'< Majesty to say, that His Majesty having from past experience the fullest
<* confidence in your loyalty, sense of duty, and attachment to the princi-
ples of the Constitution, does not doubt that you will make a proper and
permanent provision to supply that deficiency, and thereby enable him
to sustain the Civil Government of this Province with honour and vyith
advantage to his subjects."
In answer to this, the Assembly observed ;—
** We should, however, hold ourselves to be wanting in that sincerity
which is due to the frankness of your Excellency's character — in that
duty and respect which we owe to our (Sovereign, by whose command
your Excellency has submitted the proposal of an additional and per-
manent appropriation, which, with that already made, would exceed half
the usual amount of the whole Provincial Revenue— were we not, even in
this early stage of the proceeding, most humbly to represent that the
** declared sense of our Constituents, the duty which we owe to our pos>
** tcrity and to that Constitution of Government which the wisdom and
beneficence of the Mother-Country has conferred upon this Province,
together with the variable and uncertain future amount of that revenue,
which, as well as our resources, depend on a trade at this moment pecu-
liarly uncertain, will preclude us from making any other than an annual
appropriation for the general expenditure of the Province, conformably to
the recommendations of His Majesty's Government, as signified to the
Parliament of this Province by His Excellency Sir J. C. Sherbrooke, late
Governor in Chief, in his speech delivered from the throne, at the open-
ing of the Session on the 7th January, 1818."
This is the germ of that palpable misinterpretation which has been put
on the call by Sir John Sherbrooke, upon the Assembly to provide for the
Civil List, boldly held forth with a sophistry that is not to be surpassed.
Sir John Sherbrooke, as already noticed, called upon "the Provincial
Legislature to vote the sum necessary for the ordinary annual ezpendUure
! "
u
((
i6
1
ht\Wf^Sr\n'eiy^ ttid iie a^so desired the ^l^^oase bf Auembly/' Inttit
Majesty's name, to profide in a constitutional manner the supplieil
necessary for this purpose." Here the Assembly nowever represent
hint as having aiked for ^n annual appropriation^ for the general expen*;
(ditdre of the Province, and refuse to make any other, as if <Aat had been
really his request. But the propositions are very distinct. Sir John ^her.|
broblce asked them to vote the ordinary annual expenditure, and to plaoei
his meaning beyond all doubt, he ** desired " that it might be done in ai
cdnstitutionalwayy i. e. — once for all to vote and fix during the King's reign«^
the ordinary annual expenditure of the Civil List, according to the consti*i
tutional practice of the British Parliament in the like case. This the]
Assembly after a lapse of two years nbvr (18^0) misinterpreted, pee.
tending that His Excellency only intended them to vote ^nnuaUy all thej
iiiecessary expenses of the Civil Government, and they therefore said io^
the said Address, ** We pray that your Excellency will accept our humble!
'* assurance of the unalterable disposition of this House to vote annually i
** \n a constitutional manner, according to that recommendation and tOi
'f< thfe Solemn Offer of the Assembly in the year 1810, all the necessary]
'^ expensed of His Majesty's Civil Government in this Colony ; in the;
*' hbnorable And permanent support of which, none are more deeply and i
*' sincerely interested than His Majesty's loyal subjects whom we have the]
'** honour to l-epresent, or more anxious to merit the continAhce of thc|
<^ confidence which His Majesty is graciously pleased to express of our j
** loyalty and duty" — strong reasons truly!! — ^The deep and sincere in«
it^rest felt for the Aonora6/e and permanent support of His Majesty's Go«
Terntnent is inade the motive for this ronstitutional manner of voting annually
all the necessary expenses of the Civil Government in the Colony ! ! !
Is there an instance on record, in the history of any nation, in which all
the ilecessary expenses of its annual Government is left to the risk of an
Onhital votb ? There is none, even amongst the most republican. It is a
jpower of self-dissolution, which no people, Legislature or Government ever
did or can trust itself or any of its component institutions annually with,
for it would be annually to endanger its own existence. Do' the United
State.*! furnish an example of the kind ? The expenditure of their Civil
Government essentially republican as it is, is on a footing which none of the
constituent branches of its constitution can shake without the concurrence
of the Others. Whatever other points may agitate the body politic occa-
sionally, iill concur that the ordinary operations of Government must go on
independently df them, and that these shall not be left to the chance of
being suspended by annual misunderstandings with any branch of the Legis-
latufp, on any contingency however important. But here such doctrine is
held up as preposterous — the people is every thing and all things must
yield to the people and their representatives, as if the Government had no
oither rights in the Colony than such as the people or their representatives
might think proper to allow them in it. Yielding to them, to use an unas-
suihing phrase, recently set up, is only to *^go along with the community ia
id pttSvAi bdis bwu prosperity :"— the people of course are not to turn out
lem.
n
their way and go along with the Go? ernment, for It is nothing In Wb
ovince but what the people may choose to let it be ! ! !
The same effort at perversion of meaning and consequently self-delusion
ns throughout all subsequent proceedingK of the Assembly on the words
lOve adverted to, whenever the subject haii been discussed by that body.
)r instance, in the Session of 1824.
*' ilesolved, that it in the opinion of this Committee, that in 18l8y.
the Governor in Chief, Sir John Coape Sherbrooke, desired on the part
of Hi!) Iloyal Highness at the time, now our Most Gracious Sovereign,
in the King's name, the Assembly of this Province to provide for the
civil expenses of Government, and to vote for that purpo&e the appropri-
ations necessary for the said year 18l8.''
Now Sir John Sherbrooke di^ not " in the King's name" desire the A»»
bly " to provide for the Civil expenses of Government, and to vote for
t purpose the appropriations necessary for the said tjear." — He did no
ch thing : — but he called, in that name, upon the Provincial Legisluture
above observed " to vote the sums necessary for the ordinary annual ex-
nditnre of the Province.'' He said he would order the estimate for I818i
be laid before the House, and immediately after this it was, that he de-
li A I ^iH*^^^' them in His Majesty's name to provide in a constitutiorkil manner the^
ep y ^^^mpplies necessary for the purpose. It i-s thus by suppressing, misinterpret-
.. 3^ ^^euw^> mutilating, and holding up official language and official documents to
^tinnmce of the jig ^h^ig province, half-giving and half-concealing the truth, which it is
express ot our nportantthe public should see in every point of view, thatthe public are
n ^ sincere in« jod winked and deceived in the matter in question.
sembly," in ttji
the supplies,]
wrever represen
i general expen
\t that had be«]
Sir John §her.
re, and to placej
;ht be done in
the King's reign«
ig to the const!*!
case. This the
iterpreted, pre*
mnuaUy all the
lerefore said in
;ept our humble
to vote annually
indation and to
II the necessary
Colony ; in the
Majesty's Go-
voting annually
he Colony ! ! !
>n, in which all
9 the risk of an
blican. It is a
overnraent ever
annually with,
Do the United
e of their Civil
ich none of the
lie concurrence
f politic occa-
!nt must go oo
the chance of
h of the Legis-
jch doctrine is
I things must
'irnmmt had no
'epresentativet
use an unas-
community in
lot to iuro out
It is nevertheless but too true, that it has been upon Exparte expositions
the subject so qualified and disguised, that the people (always right in
eir feelings, though liable to and often misled by false signs) have been
tiled upon to judge of it. And it is upon judgments pronounced with
ch a knowledge of the cause, that the old Quebec Gazette exultingly
iclaims, ^^ the whole body of the people at three general elections have
solemnly confirmed the decisions of their representatives." The people
er have pronounced an opinion on the subject, for it never has been fairly
impartially brought before them, in a way to enable them to comprehend
and from the general want of education prevalent throughout the roun-
y parishes, it will be extremely difficult to put them in possession of the
ue question, which must be the work of time. In the mean time, their
iiiion, if opinion it can be called, will be forestalled and governed
those, in whom, from their own inability to form a proper judgment
the subject, they must necessarily rely. They will be liable to be
ipelled hither and thither, as the views of those possessed of their
>nlidence may suggest; and that confidence will be liable to abuse until
lie body of the people shall have acquired a sufficient fund of information
think and reason ior themselves in the matters in question. Propagate
long them a belief that the Government is for taxing, levying money upon
|em, and misapplying that money for various purposes unconstitutionally ^
that their repreaealatives are merely coutending to prevent this gftsat
c
10
■3,
;4
1:
19
ettl, iiid jrott ittttttrally eictte a septiment that reTOlts at the leemfn^^j
injustice, for although they are not sufficiently instrurted in public matters^
to detect tUefaUehoodf the value of money they well know and feel< fiutJ
ask them on the other hand, whether they are ready to become Toluntaryl
and active instruments by which their King may be dispossessed of Hkl
rights ;~ enable the yeoman clearly to understand that this is the pnlnt—l
that it is not about hin ovcn rights, which arc not in question, but for the|
violation of the King's rights ; — liiat he is not called upon to resist a wronq
but to perpetrate a wrong; — and depend upon it the Canadian habitant^ in
the honesty of his heart will not balance a moment on the subject.
Dut to pursue the progress of the directing a.nd appointing pretensions.]
The Bill passed in the Session or 1820-1, by the Assembly, although it]
differed in form from that of 1819, was something more distinct atid tothtj
purpose than it. The specific items were omitted, and the offices, were j
classed Into chapters or heads, according, or nearly so, to the estimate sent]
down^ and a round sum assigned to each chapter; omitting always, howe.
vetf in the amount total fixed to each chapter, the sums appertaining toj
thos6 offices which were to be excluded from the Civil List. This was not)
very satisfactory to some, who were for doing matters in a pluin open]
itray, so that the full intent of the Assembly might be apparent upon the]
face of their Bill, leaving no doubt of the intent of excluding (his, thati
and the other office, which it might be determined not to provide for, as aD|
ttiinece^tary public charge.
'J'his was met by another new doctrine which now started up. It was]
pretended that the intention of the House in voting monies, whether rx'j
pressed or not in (he Bill of Appropriation, constituted of itself a Law]
binding vpon the Executive) which, constitutionally spcakins;, was bound toj
Consult the Journals ot the House, in order that it might there ascertain,
the spirit and motives of that body, and be guided in the application of the
ttionies according to the items on the Journal^:, as those for which only the
House, in the exercise of its directing and appointing pretensions intended
to provide; — that the momes appointed to be paid, could constitutionally be
paid for, and on account of the salaries only of those offices mentioned in
the Journals ; — and that such as were not there mentioned, of course werei
fiot to be paid out of the appointed monies. Some doubted the orthodoxy
of this; but no matter — it was plausible enough; — it might not be,,
strictly speuking, a law of the land ; but then it was an implied lavr^
between the civer and receiver, the two parties more immediately con^
Cerned. It was constitutional : — at all events, if it were not, it was timel
to make it 50, an^ to make it so, all that was needful was to insist upon it,l
as upon other points in connexion with the matter fqally consistent with it,'
The whole sum voted for the year was fixed at jf^44,060 10s, 2d.1
Sterling ; and now, for the first time, the directing and appointing preten-|
sions were brought home to, and in full bearing against the appropriated
funds, for the support of the Civil Government of the Province. Thef
opinion of the people had not, until the present moment, come to a point,^
as to the constitutionality ci a bold aod decisive attempt, by Bill, to dispose
n
Af the leemtngij
n public mattenj
and feel. ButJ
icome Toluntaryl
lossessed of Hu\
s is the point— •]
on, but for tiief
:o resist a wron^
ian habltantj in
ubject.
ing pretensions,
)ly, although it
stinct atid to thej
\e offices, were
16 estimate sent
always, howe'
appertaining (o
This was not
I a plain open
[)iirent npon the
udirig this, that
rovide for, an an
ted up. It war
ies. whether ex-
)f itself a Lam
?, was bound to
there ascertain
)plication of the
which only the
nsions intended
istitutionally be
es mentioned in
, of course were
d the orthoduxj
mi<{ht not be,
an implied law
imediately con
lot, it was lime ;
o insist upon if,.
insistent with it,
4,060 10s. 2d.
pointing preten*
fie appropriateM
Province. Thef
ome to a point,!
bill, to didpo8< '
»9
the GoTernment of the appropriated monies ; for which purpose the
^Mowing clauses «v(>re inserted and made part of the Bill.
'' That out >!' the monies raised, levied, and collected in this Province,
that now are, or that hereafter may come into the hands of the Receiver
General for the time being, the following sums shall, by warrant or
warrants, 8{c. be appropriated and paid for and towards defraying the
expenses of the Civil Government of this Province, from the Ist Novenif
berlast (1820), to tho 3lBt day of October next (1821), both days
inclusive."
Here the " monies raised, levied, and collected in the Province" without
istinction are ail included. The word " appropriated" might, however,
ter nil, leave a doubt if any thing more than the unappropriated monies
ere intended, and lest any such doubt might remain, the ensuing clause, by
ay of an explanatory proviso, was introduced,
'"' Provided always, and be it further enacted by the authority aforesaid^
that the monies hy law heretofore appropriated/or the support of the Civil
Government of the Province, which now aie, or that hereafter shall conie
into the hands of the Receiver General of this Province, shall be applied
in part payment for the purposes of this Act, and the remainder Nhi\ll
be made up and be taken from and out of any unappropriated monifS
which now are, or that may hereafter come into the hands of the He«
ceiver-Genepil of the Province for the time beinij ; provided always that
such of the above monies as !(hall remain unexpended in the hands of the
Receiver,>General of the Province shall be and remuiu at the future dis*
position of the Legislature.',
The Legislative Council rejected this Hill as uocoQStitutional, .»• it did
bat of 1819.
The Governor in Chief, on opening the ensuing Session (December
821,) gave the Assembly more fully than ever the sense of His Majesty
"ith respect to the manner in which the Civil IJst ou^ht to be provided for.
'* I have ordered that the estimate for the ensuing year should also be laid
before you without delay, and I have ita<;ain in commiind from His M4'>
jesty to acquaint you, that His Majesty still has the fullest confidence
in your loyalty and affection towards his person and government ; thathe
rests assured of your disposition to piovide for the necessary expensek of
the Civil Government, and those also equally necessary for the honour
of his Crown. I am further commanded by Hi^ Majesty ta recommend
tliat such provision as shall appear necessary for these purposes should be
juranted |)ermanently during llis Majesty's life,"
^' It has been established in the liritish Parliament as a principle ot the
Constitution, that the Civil List should be granted during the life of the
King, ind I am commanded to impress upon you on this occasion His
Majesty's recommendation that sach principle of the constitution should
be adopted and observed in future as the practice in this |-*rovince,"
A more clear enuDciation of principles and of the views of the King on
he subject, language cannot convey, The Assembly scarcely expected it
ia 60 distinct a shape, and said nothing in their Address In answer to tha
i
i
.■it-
w
f6
1
I!
I
t(
I(
<(
tt
<(
SpeecTi, ab«at amuathf appropriating any ptibtlo monlei for the purpose.
Thpy offered their '^ as8urance<i thnt His Majetity might aUayg place the
** fullest reliance in the invariable disfioiiitioii of the liouse to provide foi
** the necessary expenses of His Civil Government npd those also necessarj
<< to the honourof his Onwn." They also added to the above the follow*
ing. ** We receive with all due humility the communication of His Miijes*
'* ty*H presrnt recommendation, thut such provision, as shall appear npces<
*< Sary for those purposes should be granted permanently during His M.i<
<* jesty's life, as well as the information that it has been established in the
** Imperial Parliament that the Civil (jist should be granted during the life
** of the King, and the recommendation which your li^xcellency is corn-
** manded to impress upon our minds, that such principle of the Briiisii
*' constitution should be adopted and observed in this Province. We are
*^ fully thanl&ful for the confidence which your Excellency is pleased to
repose in our well linown loyalty and attachment to the principles of the
British Constitution, and we most respectiully assure your Kxcellencj
that in the conscientious discharge of our duty to our constituents under
the act of the British Parliament in virtue of which we are constituted
and assembled, the recommendation of His Majesty will at all times
** have weight with us." — ^Thus said the Commons. What they meant
n>ust be collected from their subsequent acts. It is however, worthy of
remarlc that they were on this occasion totally silent on the sense into
which Sir John Sherbrooke's call on the Legislature fur the ^^ ordinary an-
nual txpenditure of the Province'' had been perverted, of a call annually to
vote all the necessary expenses of the Civil Government of the Province.
No money was this Session voted for the purpose of the Civil List,
the Assembly having instead of that addressed the King on the subject,
offering for the royal consideration reasons againt the adoption of the
.practice of the British Parliament in this respect, by the Provincial Le*
gislature. A series of resolutions passed the House explanatory of its
views of the non-parity between'matlers in the Province and those of the
mother country, relatively to the Civil List, rendering it unnecessary in
ttii* opinion of the Asembly, to provide fur the Civil List here, during the
King's life.
It would not do however to relinquish the favourite self-delusion, that
the Governors, (Sir John Sherbrooke and the Duke of Richmond) in 1818
and 1819, in calling upon the Province for the civil expenditure full;
intended that the Assembly should vote and appropriate it annually
and not otiierwise. This notion was accordingly refreshed by a new reso*
lution, and these with the whole string of non-parity resolutions with
which they were coupled, were fortif.ed under the very argumentative and
conclusive one, that the " Hou'te can only^ and ought to provide for the
expenses of His Majesty's Civil Government, annually and not otherwise."
The resolutU'uS last alluded to, stand thus on the Journals of the
Assembly.
*' UNSOLVED, that it is the opinion of this Committee, that in the situa-
^^ tion Id which the Proviace Wy this House caa ODlyj and ought to provide
for tut
otherv
« Rw
the on
accept
theG(
Provir
#< for th(
^#* ought
No a{
rincipal
t rest f<
ttention
But a
ession,
he appr
nder th
public S(
this it
** persoi
** and e
I <* ,subje(
4 <* hands
^ ** soevei
*' provis
This
Majesty
propriat
personal
or persoi
be sure
an expre
provisio)
an ^ct c
consent
promulg
ol the pi
p purpose
'k As ar
I the Ass
M ceediiig
m adopted
^ any liil
were fo
from vo
*' lenc
•* meni
I''
I
SI
'or the purpose,
ways place th«
e to provide foi
e also necfssarj
)ove the follow*
n of His Miijes*
I appear neces-
during His Ma>
nblished in the
(luring the life
llency is com.
of the British
vince. We are
y is pleaiied to
irinciples of the
'Our Kxcellencj
fistituents under
are constituted
vill at all times
hat they meant
!Ter, worthy o(
I the sense into
" ordinary an-
rail annually to
the Province,
the Civil List,
on the subject,
idoption of the
Provincial Le.
planatory of its
md those of the
unnecessary in
lere, during the
f-delnsion, thnt
imond) in 1818
(penditure fullj
ate it annualli
by a new rt-so'
esolutions with
;umentative and
provide for the
f not otherwise.^''
lournals of thei
hat in the situa-
ought to provide
for tke ezpenscfl 6i Hh Majetty'a QtU GOTemnMnt annaallj and not
otherwise."
'^ Resolved, that it is the opinion of this Committee that according to
the offer of the Assembly of this Province made in the year 1810, and
accepted by His Majesty in 1818, and to the terms of the speeches of
the Governors of this Province at the opening of the Session of the
Provincial Legislature in the year 1818 and 1810, the sums necessarj
for the support of His Majesty's Gvil Government in this Proviac«
^;#* ought to be voted and appropriated annually and not otherwise."
No appropriation being miide by the Assembly this Session (1821-3)
rincipully for the reasons stated, the directing and appointing power was
t rest for the present, and as it is chiefly to its progress that the reader's
ttention is directed, we shall therefore return to it.
but although this assumption was not in positive action during the
lession, its retrospective influence was not overlooked. The rejection of
he appropriation Bills mentioned, had placed the lilxecutive Government
nder the necessity of advancing the monies necessary for carrying on the
public service, from the Chest on its own responsibility. In reference to
this it was resolved by the Assembly. — " That this House will hold
**■ personally responsible His Majesty's Receiver General of this Province
** and every person or persons for all monies levied on His Majesty's
** subjects in this Province which may have legally come into his or their
, << hands, and been paid over by him or them under any authority whatso*
i *< soever, unless such payments be or should be authorised by an express
*' provision of law.''
'I'his resolution embraced indiscriminately '^ all monies levied on His
Majesty's subjects in this Province," without distinction between op*
propriated and unappropriated^ and the threat therefore of *' holding
personally responsible His Majesty's Receiver General^ and every other person
or persons concerned" was very comprehensive not to say more of it. To
be sure (he last words ^' unless such payments 6e, or should be authorized by
an express provision of Law''' were a kind of salvo, — but still that express
provision of Lawy must in their sense be and was intended to be understood
an Jet of the Provincial Legislature, as without this, that is, without the
consent and authority (as more distinctly announced in the progress and
promulgation of the doctrine at a subsequent period) of the Representatives
of the people, no monies levied in the Province can be applied even for the
purposes to which they may have been previously appropriated.
As an apoloay for not voting even the annual supply for the year (1822)
the Assembly addressed the Governor, stating in substance that the pro-
ceediiifts of the Legislative Council (which had at the previous sessioa
adopted certain standing rules, by which they determined not to discuss
any Hill from the Assembly providing for the Civil List, unless the provision
were for (he King's life) having violated their rights, they were prevented
from voting the necessary aid. They concluded by ^'assuring His lilxcel-
^' lency that this House as soon as it shall have been left in the full enjoy-
*^ meiit of its riijbts and privileges^ aad His Excellency^ shall bave comma-
22
^ W^ *'PD*\^U ilitotf Hit Majesty's gracloai acosptanca of the fenewed
** rtJi j llouie to .'>tp iinnuaUy the expenses of Hl» Cifil Govern-
^ ment ill >>* Province, uH nof fail in the faithful discharge of its
** obligations.
The determination of the Assembly i> appropriate annually, and not
otherwise, for the support of the Civil Governmeiit, and its pretensi'na to
appiy fhe appropriated ^und, with a view of diaposaessing the Gofenimeiit
"Ht, anil thus, under the directing and appointing power, to retrench and
tU^i(*'l- ^t pleasure the public ofiicet' '"without consulting the King, probably
induced i^he Executive to introduce the distinction between the permanent
and local establishments.
Having in the appropriated revenue above*mentioned, a permanent^
though inadequnte fund, towards defraying the administration of Jnstice
and support of the Civil Government, it became, .under the existini( circum-
stances, necessary to determine which were the permanent establishments
appertaining to the Administration of Justice and to the Civil Government,
that properly ought, as such, to be chargeable upon it, iis far as the fuii'l
would go ; and also those, which not coming within that meaning, mitjht
be considered as of a class less essential to the principal operations of
Government, and therefore to be provided for by the local Legislature.
Hence the denomination of permanent and local establishments.
The distinction of classes which. arose from the distinction of funds,
might probably never have taken place, had not the Assembly, by disi-eeard-
ing the latter, and attempting ^to encompass and direct the application
of the whole indiscriminately, forced the Government into the measure.
The distinction was observed in the Estimate submit'ed to flie Assem-
bly in the Session of 1823. The offices made chargeable upon the
appropriated and permanent fund airou tted to^3'2,083 lis. 3d. ; to the
discharge whereof His Rxcellency informed them that the fund would be
nearly, if not fully adequate. The sum required for the local estublish-
ments amounted to ^30,''i25 IQs. 5d. sterling; and for this sum only,
His Excellency called upon the Legislature to provide, having suiiicieut
means at his disposal to cover the former.
The crisis in which the existiujj Constitution of the Frnvince then stood,
owing to the Legislative Union of the Canudas, intended by Ministers, (and
to postulate against which two very intluential members of the Assembly
had been despatched to, and then were in England, with petitions,) very
probfibly may hiive had some weight with the Body. The sum rt^quired, or
Dearly so, for the local establishments was voted. Hut ii< proceeding to
vote the monies, the Assembly, by n set of resolutions pn'li ei* lo their
Tote of money, more distinctly than ever announced thei i v^i. ^s over
all the public monies levied in the Province. This i ^ ,.c teirned the
epoch of their maturity. The following arc; the resolutions alluded to— «
^' Uesolved, that it is the opinion of this Committee, that no law
»* inp^^s'ng duties or taxes on His Majesty's subjects in this Province,
<< provu "^s in a general manner funds for defraying the expenses of His
<< Maje«t; C i 1 Go' erament and those of the admiaistration of Juatics
or of t'
any pei
or of n
consent
Resolv
''f* hiiving
W Third,
^ Civil C
..¥ the off
fied ti:
Goveri
Legisli
the pi
exp'-.i>
oi' of a
and (4
! 'vile
• Res
have ;
cngag*
every
'*' Gover
y** chiirgc
<• unto r
One M
[indeed !
Notwi
loundin^
:he Legi
jother h;
[Council,
tensions,
« An
'** appro
FUND
" from
^! ** hereii
''* In th(
f OF TH
"^' fiions ovi
iiiem as
f. at the d
£ oil ther
Thel
iappropr
tmight h
I ment nc
[ had an <
li
*5<
2S
f the renewed
Ciiil Govern-
■charge of iti
lally, and not
prptensi'ns to
e GoTeriinieiit
retrench and
ing, proliiibly
the permanent
a permanent,
ion of Justice
nistinif ('ireum-
establishments
1 Government,
ar as the funi
leaning, mi^ht
operation H of
il Legislature,
ts.
tion of fund*)
, by disregard-
he application
e measure.
file Assem-
ible upon the
>. 3(1. ; to the
fund would be
ucal estiiblish-
his (turn only,
viiig sufficient
Oft then stood,
llinisters, (nnd
the Assembly
Miiions,) very
m rcquirf'd, or
proceeding to
ell, ei! to their
'(, ■ , over
.>ii teajied the
i alluded to— «
that no law
:his Province,
enses of His
on of Justice
or of the Legtslattire In this Province, c^n be held to confer upon
any person the power or the right of applyiiti< the monies thence arising
or of making a special appropriation and di-tributiiin thereof without the
content and authority of the L'>gislaturei"
Resolved, that it is the opinion of this Committece, that this House
httving most humbly made olTor to His I fe Majesty K'm^ Gporge the
Third, of glorious memory, to provide for iIir expenses of Hi)* Majesty's
Civil Government In this Province ; His Majesty was pleased toaccfpt
the offer of this House, and that His royal will in that behalf was sii>ni«
fi*"d to this House by His Excellency Sir John Coape Sherbrooke^
Governor in Chief of this Province, in His speech at the opening of the
Legislature on tiicTth of January, 1818, nnd that every appropriation of
the pu'.rr, K jni s or any part thereof to the payment either of the
expc ixcs n, ti. : t^ivll Government or of the administration of Justice
or of any other pill)lic charge of this Province, without the participation
and (OH:, t I of this House, is a manifest violation of the rights and
t 'vllegf'sof this House."
^' Resolved, that it is the opinion of this Committee, that this House
have alv ays been, and still are iliHposed most faithfully to fulfil their
engai^ement towards His Majesty, by granting annuallij to His Majesty
every necessaiy aid towards defraying the whole expense of the Civil
Government, the administration of Justice and other- objects of public
charge in this Province, when and as often as this House shall be there*
unto required by His Majesty's Representative in this Province."
One way of ^^ faithfully fuljilling their engagements towards His Majesty f*
lindeed !
NotwithstPiding the House had put upon its own journals these ingh-
Bounding pretensions, they were averse to endanger the loss of their Bill in
the Legislative Council by making them apparent on its face : nor on the
lother hand would they .cuu a Bill from the House to the Legislative
ICouncil, by which they would be understood as receding from those pre-
ensions. The clause of appropriation was therefore made to run thus : —
'^ And be it enacted, that the monies herein-before mentioned and
appropriated, bhnll be taken from and charged against the generai.
FUNDS of the Province, arising from any act or acts in force therein, and
from any of the revenues of His Majesty, applicable to the purposes
herein before mentioned."
In the Assembly it was imagined that the terms GENERAL FUNDS
^ OF THE PROVINCE were so comprehensive as to include their preten-
sions ovei Ihe appropriated revenue. The Legislative Council considered
iiiem as including those mooics only, which were unappropriated, andas such
at the disposal of ttie Legislature, and none other. 'I'he Legislative Coun-
cil therefore passed the Bill and it afterwards received the royal assent.*
The Bill provided for \\\e local establishments by items. It was also an
appropriation for the year only, but as il did not legally aifecl (whatever
might have been intended> the permanent fund for the support of Govern-
ment nor any other than the unappropriated monies which the Assembly
had an anquestiooahle right to direct and appoint, it passed «
* See note (B) at the end.
Jv?
w
24
R)
si
if
J'!
Tbu»f»rth6 Hodw of Assembly had endeaToared to carry their point ol
directing and appointing the application of the permanent and appropriated
fund for the support of the Civil Government, by asserting it as their right
without accusing the Executive of illegal pretensions in resisting their will
on the subject. The Bill was a virtuttl acknowledi^ment of the appropria-
tion of the permanent fund, and of the ri^^ht of the Executive to apply it.
But in the Session of 1824 things went to greater extremes than ever. In
the Estimate sent to the Assembly, the same distinction between the per-
maaent and local establishments was observed as in the preceding Session.
The House had then been content to vote the sums asked for and no more,
declaring by a resolution ^' that the house not being required by His Ma-
** jesty nor by His Majesty's Representative ii> this Province to provide for
*^ the whole expense of the Civil Government, the administration of Jus*
'^ tice, and the other public charges for the present year, but for a part
*' only of those expenses, do for that sole reason abstain from p'-ovlding for
*^ the whole of that expense, and that otherwise this House would readily
*' have provided for the same."
In this Session, however, although they had been asked for no more than
the same thing as in the former, they now would, asked or unasked right
or wrong, vote the whole Civil List from end to end, declaring by a reso-
lution '' that they ought not to comply with the demand now made of them,
^' only to provide for some of those expenses, when the Colonial Govern*
*' meat persists in the illegal pretension^ permanently to dispose without the
*' concurrence of the Legislature of a large portion annually variable, of the
*' public revenue." They accordingly went through the whole Civil List,
from first to last, reducing the salaries one«fourth, under the resumption of
the exercise o( the directing and appointing right, which with«respect to
the appiopriated fund had been dormant the preceding Session.
Tiie reader has seen what is meant by this concurrence of the Legislature^
in its application to this appropriated fund — to wit, the di( tate of the
Assembly. The illegal pretension persisted in, wus the resistance to the dis'
possemno' assumption under the pretended directing and appointing right.
The Bill sent to the Legislative Council on the subject was, like the
others formerly spoken of, thrown out.
Such was the state of the pretensions of the Assembly at the close o£
the Session of 1824.. Annual appropriations for the whole Civil Liat^, and
an entire and unlimited controul over the appropriated fuiul, in the special
direction and appointment of Its application. The Utter doctrine, which
at one time seemed to slumber, revived, with such vigour, that it was in the
opinion of the Assembly an illegal pretension even to persist in resisting it.
So much for tolerance ! —
It has been seen what in the understanding of the Assembly, is the
constitutional man, ler bf providing for the support of the Civil Govirnment
of the Province. The manner has also been seen, in which Sir John Sher-
brooke's call in His Majesty'^ name to vote the ordinarij annual expendi-
ture in a constitutional manner, is by the Assembly turned into a call upon
them to vote annually the expenses of the Civil Government. The reader
has also seen the way ia wfalQh ««ea thifl: last supposed call, to vote atmually
been
^d appoii
|ed revei
ten enco
srsistanc
|e Assen
,t' Affairs
reader to
ment dev(
Mnce for
fffo envial
It wen
^ssed by
tvernor
ihis sanr
fnfident
linister,
ibsisted
licably
■lent had
flere was
ipking th(
of an adjv
§» seemed
#«• the be
®nd His f
let.— Nc
trmity wi
\mmand
iW, and
>ssessioa
Jolojjy n
#d in po
j^MMANO
Wishers hi
[,. Thathe
Bis answe
f,* structio
f* provisic
f< Speech
f^ ring thi
(ltd exist,
>«26, pu
Whent
pernicK
^d obsci
^ (rcferrl
^5
f their point ol
d appropriated
t as their right
iting their will
the appropria-
! to apply it.
i than ever. In
ween the per-
ceding Session.
r and no more,
ed by Mis Ma-
to provide for
itration of Jus*
but for a part
n p«-ovi«ling lor
would readily
r 110 more than
unasked right
rin^ by a reso-
made of them.)
lonial Govern-
Dse without the
'ariable, of the
lole Civil List,
'■ resumption of
ith respect to
n.
he Legislature,
di( tate of the
nee \o the dis"
pointing right,
was, like the
)t the close of
Civil Liht^ and
in the special
octrine, which
it it was in the
in resisting it.
mbly, is the
11 Government
Sir John Sher-
nnuul expendi-
to a cull upon
The reader
vote annually
been complied with ; as well as the rise and progress of the directing
id appointing assumption, and attempted disappropriation of the approprU
id revenue belonging to the King, from the time this object was to have
len encompassed under the general denominntion of "public monies" until
frsistaiice in resisting these assumption«, bee-' me in the avowed opinion of
le Assembly illegal pretensions on the part of ilis Majesty's Government.
f Atfairswere in this stale (hy whose af^ffPicy and pretensions it is for the
feader to determine) when the tempurory administratictn of the Govern-
ment devolved (by the departure of the C'.oveinor in Chief on leave of ab-
lence for England) upon the Lieulenuwit Governor, Sir Francis Burton.
Jffo enviable charge certainly.
It were idle to discuss in this place the merits cf the Dill of supply
ssed by the Assembly during the Session of 1825. The Lieutenant
vernor no doubt thouoht it constitutional, or he neve? would have given
his sanction. Nor was Sir Francis Burton solitary in this opinion. The
nddent manner in which after the passing of tlie Bill He addressed the
inister, informing His Ijordiihip '•^ that the dilTercnces which had so long
bsisted between the legisl.itive Jiodies on financial matters had been
icably adjusted" is very indirativf; of his belief that the desired adjust*
Sent had been elTected. But after all what does this amount to ? That
ere was the semblance (it will be seen presently that it was no more, even
iiking the statement in the old Gazette for granted in this one intttance)
of an adjustment without iiny pledge for its stability : — such an adjustment
pi seemed to the Lieutenant Governor, acting on his own judi^mcnt and
r the best, satisfactory : — but yet not such as he would have sanctioned
d His Excellency precisely understood (he Minister's views on the gub-
ct.— No< such an adjustment as the Minister contemplated, nor in con-
rmity with " the special instructions^ which had been given by IJis Mojesti/s
wiand to fJie Governor General in his despatches of the llth September^
20, and 13th September, 1821." It is the want of a full knowledge and
ssession of the instructions that now constitute the Lieutenant-Governor's
oloi;y near the Minister in sanctioning this Bill ; for with a knowledge
td in possession of such ^^ special instructions given bi/ His Majesty's
iMMAND." He surely never would, nor could any of his friends or well-
jPshers have expected him to contravene them.
I That he had them not, is recorded on the Journals of the Assembly, in
its answer to an address of the 19lh FebruarVj 1825, calling for the " iw-
structionSy despatches, or parts thereof relating to the proper and permanent
provision for the Civil Government, as mentioned in the Governor's
f< Speech of \6th December, 1820, and to the provision for the same du-
*^ ring the King's life, of \ 1th December, 1821." That they however,
fKd exist, is beyond all doubt, as Lord Bathurst's letter of the 4th June,
1826, puts at rest that question tit least.
When therefore the Old Gazette speaks of " misunderstandings thus so
perniciously Revived" (alluding to the result of the last Session, 1826)
d observes " that the whole Province approved of their Termination
(referring to the Session of 1835)) and regrets their Renewal," it ntu*
'M
?i
)'!^
"1
represents (he case. They were never terminated, ^rhatever appearaneei
might have been at the time. They never could have been, until an ad.
justment had been effected in conformity with the special instructions ; or
until Lord Tathurst had thought proper to revoke, and no longer insist
upon them, which the letter alluded to, shews to have been far from flii
Lordsliip's intention.
Nor can the misunderstanding be said to have revived, as Lord Bathnrst's
letter shews that instead of having ever come to a " terminatiori" it neyer
bad been suspended, much less terminated ; but that it actually was in the
same state, if not worse than ever. The *' special instructions" given '* ij
*' Hrs Majesty's Command, to the Governor General" not having been
consulted, or adhered to, llis Lordship says " it is not in his power to const-
** tier this arrangement (the Bill) as in any degree satisfactory." Without
the Minister's participation the misunderstanding could not have been ter-
minatedi. That the instructions were not consulted &nd adhered to, it is not
nor ever has been pretended that the Lieutenant-Governor was in the
least blameable, as He could not find any such in the place where thej
night indeed be expected to have been found, but where, however, it
would seem they were not. But still, as they exi:t?d, whatever the Lieu*
tenant Governor or any other in the like situation, might do, in the hope
and belief of well-doing, if nevertheless done contrary to, or in non con.
formity with them, it by no means terminated the misunderstanding. Tlie
attempt to make it appear, that the misunderstanding terminated with the
Bill of Supply passed in 1825, and revived with the rejection of that of last
Session, IH26, is of a piece with the other matters noticed in connec*
tion with this subject from the commencement, and the purpose for whicl
it is now brought forward cannot be mistaken.
Whatever interpretation may be put on the Bill passed in 1825, there i;
nothinof more certain than that the Lieutenant-Governor was very fat
from understanding it as the Assembly, or rather as the Old Gazette, may
do. His Excellency did not undf^rstand himself, as yielding in the smallest
degree to the directins and appointing assumption, in the sense before
alluded to. Far fiom imagining that any such assumption was directly cr
virtually exercised upon the appropriated fund, He did not see cause to
suspect that it was exercised or intended so to be, on the supply in aid of it,
out of the unappropriated revenue, otherwise than in the general direction,
that it was ^'for the purpose of defraying the said expenses of the Civi
Government of this Province, and of the administration of justice therein, am
the other expenses of the said year^' (1825.) The aid indeed was an inde-
finite one, but the Bill was unshackled by the directing and appointing
assumption, and the encompassing terms of " Public Monies" and " General
Funds" were wholly omitted. His Excellency, although not in possession
of the instructions mentioned in the letter of the 4th June, 1825, where he
would have seen the " necessity'' under which the Governor in Chief had
by reason of the King's commands been acting since 1820, was neverthe-
less very sensible that the controul of the appropriated fund was exclusively
with the Executive, and as such never would have suffered it to be
;bed.
tthurst,
ipply ht
lenue ai
IS not ii
If, thei
ring his
ited func
{l^egrity i
" isemblv
'\lfpointini
they I
iderstoo
ndedly
ipropria
:ecutiv(
|ry far f
Ir undei
in of ea
itters
addrc!
l^Ccountin
snbsequei
ID action,
fhich, al
lurnals o
tatter, tl
ition of
Wheth
the v(
lained ii
Is own <
lit \o sa
|ly ex pec
sctation
rhatever
j^ever wo
idude frui
former <
♦xclude
{o His Ci
gevived,
appomtin
^{ their j
S At anj
^rstandi
iCruverao
27
ver appearance!
en, until an ad<
instructions ; or
no longer insist
sen far from Hii
Lord Batharst's
nation^' it neyet
tually was in the
ons" given '* ij
lot having been
is power to consu
loryr Without
)t have been ter-
3red to, it is not
rnor was in the
lace where thej
;re, however, it
atever the Lieu-
; do, in the hope
or in non con-
^standing. The
ninated with the
on of that of ksl
ticed in connec*
irpase for whid
n 1825, there ii
or was very fat
id Gazette, may
gin the smallest
lie sense before
. was directly c;
not see cause to
ipply in aid of it,
eneral direction,
ses of the Civi
stice therein^ am
ed was an inde-
and appointing
" and " General
not in possession
1823, where he
nor in Chief had
), was neverthe-
1 was exclusive!;
fiered it to be
;hed. In saactionlog the Bill, He was wo find in hl» letter to Lord
ithurst, under the fullest persuasion that the Assembly by that Bill of
ipply had " decidedly acknowledged the right of the Crown to dispose of the
)enue arising out of the 14 Geo. ///, c. 88" and that as such its " integrity"
IS not in ^^ any degree"' compromised.
If, therefore, the Lieutenant Governor on the one side understood, in
ring his sanction to this bill, that the exclusive disposal of the appropri-
id fund was decidedly acknowledged to be in the Executive, and its
tegrity as such not in any degree compromised or impaired : and the
isembly, on the other hand (whose pretensions, under, the directing and
fpointing assumptions were also on their side unimpaired and in full vigour,
they stood recorded and unrepealed on the journals of the House,)
iderstood that such acknowledgment was not even virtually much less
)idedly admitted by the Bill, nor that the integrity and controul of the
ipropriated fund was by that body intended to be exclusively left with the
:ecutive, as understood by the latter, the misunderstanding was in reality
fry far from being terminated. The parties were in fact further fro.n a
Ir understanding than ever, both proceeding upon an entire misconcep-
m of each other's views ; a circumstance which could not fail to make
itters worse the moment an eclaircissement took place. Although
address was presented to the Lieutenant Governor by the House,
fCcounting for the reduction in the amount of the aid required by estimate,
«|lbsequent circumstances very clearly prove that the excluding power was
i^ action, certain offices having been omitted in the votes of the Assembly,
thich, although not specified in the Bill, nevertheless was manifest on the
turnals of the House, to which, as a law binding on the Executive in this
tatter, the latter was expected to refer and be guided by, in the appli«
ition of the whole sum mentioned in the bill.
Whether the Lieutenant Governor would or would not have been guided
the votes of the Assembly as they stood on the journals, had he re-
lained in the administration of the Government, and been left to pursue
ns own opinion, without reference to the views of the Minister, it is diffi-
Dilt to say. The old Gazette distinctly says, that undoubtedly the Assem-
lly expected he would do so. Had they been disappointed in this ex-
jctation, which is no improbable thing, (for the Lieutenant-Governor,
rhatever he might have
thought
of the policy of consttlting the votes,
ifiever would in any probability, so far have held them fo be law as to ex-
qlude from the Civil List, or abolish any office which the Minister, on a
Jormer occasion, by command of the Ring, had expressly refused to
fxclude and aboliih, but on the contrary expressly signilied to be necessary
fo His Civil Government of the Province,) the misunderstanding must have
gevived, unless the Assembly were to relinquish in toto the directing and
appointing pretensions, of which, however, there was no indication by any
M their proceedings,
-J* At any rate, the revival^ as it is called in the Old Gazette, of the misun*
H^rs^andrng* must have occurred last Session, (1826) had the Lieutenant-
\CroTerQor himself even remaioed in the administration of the Government.
ill
ill
i
III
!
■i\i
)i\
^
His ExcelIenc]r,hoir6Ter vnpleasant it must have be«ii to withhold his Mtic>
tion from a Bill similar in form nnd substance to that \f hich in the previous
Session he had stinctioned, would have been, according to Lord Bathurst's
letter to him of (he 4th June, 1835, under the necessity of doing so,
unless His Lordship could have been prevailed upon to alter his opinion :—
not a very probable event, after the progress made during the antecedent
seven years of the pretensions above noticed, which could not have escaped
His Lordship's attention.
The pretended revival of the misunderstanding last Session could not have
been avoided, in whatever hands the administration of the Government
were placed, the same nkcessity (as mentioned in Lord Bathurst's letter)
which " had been imposed upon the Governor General f' in the despatches of
1820 and 1821, still existing in full via;our. 'J'he Minister's disapproba<
tion of the Bill of supply of 1825 is Hsciibed by the Old Gazette to the
want of correct information , witn some imiuendoes that incorrect information
has been ^iven to His Lordship. Aow whatever information might or might
not have hern coiweyp d to Lord Bathurst on the subject from other sources,
it is quite clear <hat His Lordship could not be under any misconception
as to his own despatches of September, 1 820, and September, 1821, and it
is solely to these^ he refers in his despatch of the 4th June, 1825, expressing
his disapproval of the bill, because it was not consonant u;t</i ^/lem.
To ascribe thoreforp, the revival oi i\\e misunderstanding to a want of
correct information, or to misinformalinn, is merely gratuitous, and not at all
tothe purpose, the grounds of His Lordship's disapproval of the Bill of
Supply resting eiUlrely on his own despatches of a date five and four years
anterior to it, and of which he was fully cojrnizant. In truth, the evil such
as it is, is not imputable to a want of information or to incorrect informa*
tion given to the Minister, but is rather vice versa, — to a want of information
in the Lieutenant-Governor, not from any fault of his, and it would be vain
to enquire by whose fault, or whether there were any fault in the question,
since if the despatches hadheen in His VlxcellencyN possession, the Old Ga-
zette will not say that a different course would have been pursued by the
Assembly to meet the views of the mini'^tcr, from that which they pursued
without reference to the despatches, the substance of which had ineifectually
been previously conveyed to them by the Governor in Chief in his speeches
from the throng. The full knowledge and possession of the " special
instructions given by His Majesty's Commaw^d," would have imposed upon
the Lieutenant Governor the necessil;/ of withholding his assent from the
Bill. The pre-existing viisunder standing would have been continued, it is
true, but without being any thing worse than before : whereas the seem-
ing termination of it being unreal and founded, as shewn, on misconcep-
tion, becomes an additional source of discord, and removes the parties fur-
ther than ever from terminating their differences.
The Old Gazette substantively admits, hat a different course under any
circumstances was not to have been expected, as that would have been to
** abandon their birth-right, — their absolute property in their goods and es-
<* tales }—'in ahortj to pronounce sentence on themselves as the only people
ll!J
29
Hhhold bifl Moe-
li in the previous
Lord Bathurst'g
lily of doing so,
r his opiiiion :—
^ the antecedent
not haTe escaped
n could not have
Ihe Government
lathurst's letter)
Ite despatches of
er's disapproba*
I Gazette to the
yrrect information
n might or might
m other sources,
\y misconception
er, 1821, and it
1825, expressing
h them.
ng to a want of
us, and not at all
I of the Bill of
e and four years
ith, the evilsoch
correct informa-
nt of information
it would be vain
in the question,
ion, the Old Ga«
pursued by the
ch they pursued
had inelfectually
fin his speeches
of the " special
re imposed upon
assent from the
continued, it is
lereas the seem-
, on misconcep-
I the parties fur-
ourse under any
lid have been to
ir goods and es-
' the only people
unworthy of free gootrnment from the Slraitt of Magellan ta ffttdtonU
Bay." — Say rather, their birth-right to disappropriate an appropriated
id appertaining to the King! — to dispossess him of hit right in the fond,
id to make his Government in the Colony pronounce sentence upon
lelf, as the most precarious and unsettled mixed government ander the
m, and as such most unworthy and unfit even to rank with the unsteady
Ipublics growing up on this continent.
The literal and obvious meaning of Lord Bathorst's letter is also pervert*
<Nl in the article under discussion from the Old Gazette. For instance, it
Hsaid: ^^ Had Lord Bathurst been correctly informed, he could not hate
"^ spoken of the revenue raited " under coloniai. acts" as the only
^revenue to be disposed of bi/ the Colonial Legislature: — he could not
have spoken of all the permanent revenues as already appropriated xohich
has never yet been pretended.^' Now without entering Into the merits
these propositions in the abstract, it suffices to say, that His Lordship has
lid no such thing. Lord Bathurst spoke of the revenue, <' known by the
liiME of <Ae PERMANENT REVENUE." When we speak in this Province of
die permanent revenue in referernce to the Civil List, it is well understood
Mat that revenue chiefly consists of the duties imposed by theact of the Uri-
l^rliament of the 14 Geo. IIL ch. 88, establishing a permanent fund,
fowards supporting the Civil Government of the Province^ This revenue
We peculiarly distinguish by the name of the permanent revenue of the
Grown, it being notorious that there are other revenues both under British
Mid Colonial Acts, that remain unappropriated, and as such at the disposal
if the Legislature.
f: Lord Bathurst does not say, nor mean by that letter to say •* alltheper^
%utnent revenues were already appropriated. His Lordship was speaking of
le revenue " arising out of the I4th Geo. IIL" which he specifically
luotes, and of none other. He says " the Executive Government had sent
an estimate in which no distinction was made between the rxpEyoiTURB
^BARGED UPOK THE PEUHANENT REVENUE of^Ac CtOWttf and t hot whtcH
'.muined to be provided for out of the revenue raised under Coloni*
X. Acts." His Lordship is not as specific as he no doubt would have
Icen, had he been called upon to deny the proposition stated in the Old
"lazette. If we observe that the JfJeneni/e «mi«|f out of 14 Oeo. IIL is
larticularly pointed at, the last five words of His Lordship " (revenues
taised under Colonial Acts.") are more comprehensive than at first sight
they would seem, and mean generally the whole unapprojrrialed reven-
<ies of the Province, as well those of a permanent as of atemporar}' nature,
Remaining at the disposal of the Legislature, whether raised under British
«r Colonial Acts, in contradiction to the appropriated and permanent
tevenue.
■ His Lordship's letter is very clear and decisive in two points ; first — that
the Revenues arising out of the act quoted, constitute a fond exclusively
|)elonging to and applicable by the King, towards the support of the Civil
taovernment of the Province. Secondly— that this fund constituting ** the
King's permanent Revenne has certain fixed charges placed upon it.*
I
^
,,*"■■'
30
Pi
m
If
m
1 a- i
■}l
Whaterer inconsistency the writer of tlie article in tlie Old Gazette may
imagine in the fault found by Lord Bethurst as to the ^' fork" of the
estimate sent down in 1825, which he says was substantially th.'^'same as
those of 1819, 1821 and 1822, it is nevertheless true that in all those
estimates, the last as well as the Jirst, the permanent revenue alluded to,
is invariably considered as exclusively belonging to the Crown, and as
such applicable by it generally to the discharge of the whole sum required
by Government fer the civil expenditure of the year. It was not indeed
until the year 1823, when the dispossessing pretonsions and a refusal to
grant a supply in aid, unless under directing and appointing terms, con*
sidered by the other branches to be so unconstitutional as to be tantamount
to an absolute denial of all aid, that the Government found itself necessita*
ted to determine which should be the ^^Jixed charges^* or establishments
that ought, according to the intent and meaning of the law providing the
fund, to be placed upon it. i^rrd Bathurst*s letter of June, 1825, affords
ample proof that this measure was with his approbation. That it was not
done before 1823, may possibly have been owing to a hope that the mea-
suros of the Assembly would prevent the necessity of it. Having been
adopted, it is certain that His Lordship decidedly approves of it, if he did
not in the first instance, even positively direct it, (for the precise fact is
not apparent by any document published) otherwise it is not probable he
"would so strongly have disapproved in his despatch of the deviation from
the estimates of the preceding years, by which the permanent charges upon
the permanent fund were distinguished and specified.
The Old Gazptte makes also Lord Bathurst, for want of correct infor<
mation, to have *' confounded two things perfectly distinct, the resolutions
and votes of the Assembly , not legally binding on the Executive, and
the Act of Supply rvhich alone zcas binding on it." His Lordship has not
confounded them. He quotes the words " amount of votes,* probably
from the Lieutenant Governor's letter on the subject, and then proceeds
to state his objections to the bill, from which also he quotes a sentence,
giving his views upon the whole matter. But if His Lordship had even done
so, he would not have been far wrong ; since, notwithstanding the bill,
the votes of the House, as already observed, alsoconstitute,in the opinion of
most of that body, a law obligatory on the l<]xecutive, the non>observance of
which would bring on at each succeediiig Session new quarrels and endless
misunderstandings.
One of the reasons afforded in support of the dispossessing doctrine is,
that the monies may not '' go to the payment of persons who render no
service to the Colony for the money, or are not even resident in the Pro-
vince." — Are past services then to be of no account ? These individuals, if
such there be, must have had no doubt some claim on the King before
they were placed in office, and their salaries granted. But even suppos-
ing neither the one or the other to be the case, they are in possession of of.
fice under the King's authority, and have His faith that they are not to be
dismissed without some compensation. Is the King's faith nothing ? Be-
sides it has been expressly signified by his command, that some of these
69, a
er, ar
ithst
ust re
istiona
well as
here as a<
b^^sked
gpfater a1
^^t is n
" the sta
'olved.
>sperin
[the fa
i the pr
ffepl th
lis are
ice is
isemblj
t evince
e bran
'In the
Bi'cst imp
"*ie mattt
areb
gentl
rehend i
impart
irt to 01
I. Let
ilDSsessio
I only ii
Ipination
tiluence
ley be (
Srown s
tenance
.the othei
no pledg
this sens
It is desi
' Let e
dot, una
speak lo
fcudest,
pbrpose
^graet
31
)ld Gazette maj
" form" of the
ally thrsame as
that in all those
?nue alluded to,
? Crown, and as
le sum required
was not indeed
and a refusal to
ting terms, con<
o be tantamount
itself nece8sita<
establishments
\y providln£r the
!, 1825, affords
That it was not
e that the mea<
. Having been
of it, if he did
e precise fact is
not probable he
! deviation from
nt charges upoa
f correct infor-
, the resolutions
Executive, and
ordship has not
otesy^ probably
d then proceeds
ites a sentence,
had even done
inding the bill,
n the opinion of
n>observance of
rels and endless
ing doctrine is,
who render no
ent in the Pro-
; individuals, if
he King before
t even suppos-
issession of of-
y are not to be
nothing ? Be-
some of the^e
les, attempted io be extinguished by the exercise of the excluding
ef, are, in his opinion, necessary to the carrying on of the government,
Oii^ithstanding the opinion of the Assembly to the contrary.
'^ust representations on this or any other subject must, and will un-
festionabiy be always attended to, but then let justice to the individual
well as to the public, be the basis of them. The Government, as well
here as at home, will not refuse a remedy to an abuse, — but let remedies
btfasked for abuses only, otherwise, they would themselves become the
gveater abuses, if improperly applied.
It is not intended here to refute the woeful account in the Old Gazette
d|the state of the Province, and the public embarrassments in which we are
olved. They may be considerable, but the Province, nevertheless, is
»spering, and the common observation of every man must convince him
the fact. The Government is indeed retarded in its operations owing
the pretensions above noticed, and public improvement must consequent-
fe«>l the effects of it until an understanding shall come round. If the
Is are of such magnitude, as represented in the Old Gazette, the Pro-
ce is low indeed, but the remedy is simple, and within reach of the
ibsembly. Let them cease aspiring to the absolute sovereignty of the
I'^ovince, and be content with the place which the law assigns them as
Me branch of the Constitution.
In the mean time let the country understand the true question, as the
mcst important step to a good and permanent understanding. There is ia
tlie matter itself a redeeming principle that must gain strength, if the peo-
1^ are but rightly informed of it. Let means be taken to enable the coun-
iry gentlemen, and principle persons throughout the country places, to com-
'ehend the precipe point in dispute. Let every one taking an interest ia
t impartially seek information on the subject, and freely and fearlessly im-
rt to others such information as he may possess on it, and his opinion about
Let the respectable Clergy throughout the country parishes be put ia
rssession of it, and they will, from a sense of the justice of the case, (and it
only in this respect that the question ought to be put,) as well as from in-
~ ination and duty to the King, honestly speak out their sentiments. Their
fluence in a rightful cause is decisive, and in none other ought, nor will
^ ley be expected to take an interest. The rights of the Clergy and of the
ISrown are cognate and inseparable : — they are alike inviolable. The main-
tenance and support of the rights of the one, is a pledge for the stability of
.the other. — The downfall or successful invasion of the King's rights, leaves
no pledge for the security of their own. But to repeat, it is not so much ia
this sense, as from a pure disinterested sense of the justice of the case, that
It is desirable they should think and speak on the subject.
Let every one who can think and reason for himself on the subject speak
dot, unawed by the multitude who, misled by the false tokens of the times,
speak loudest from their mere numbers, and who imagine that in speaking
Jbudest, they must, taking their numbers also to account, speak most to the
fnirpose and be right in the end. Let no one complacently give up his owa
jtodgraent because he cannot convince bis adTersary ; nor yv^ld to obstinate
32
i
ill
f
I Ji
M.
prejudice) ihftt opinion which he cannot concede to good argument. Abi
all, let no one itna^ine that the cause is hopeless because it is surroun^
irith difficulties. It will triumph at last, because it is founded on truth.
Let it bo remembered that it is not because the King, whose subjects
are, wears a crown, wields a sceptre (mere emblems of the regnl office) a
is arrayed in power, that our respect U due to Him and his rights. Jjet i!
Tiew him as every rationni British silbject ought to view his Sovereign
as the Individual whom Providence hath {or our good, and for our commo
protection, placed in a post supereminently exalted and honourable trul
as the Chief Magistrate of the Realm, but of incessant care and great soiic
tude : — as the Individual who is charged with the fearful responsibility
sustaining alone one branch of the Constitution, and of the Executive pow^
of our country, and who has, as such, a double claim on our confiden
our respect, and our gratitude. — Thut if it were possible IIIC could comp
mise those rights we call uis, but which belonging rather to his regai
OFFICE than to himself, are essentially ours and for our benefit, lie woui:'^
thereby endanger uur rights, and by thut means do US great injustin
That UG is bound to uphold inviolably and with a firm hand, not only li,
own part (as King) in the Constitution, but the entire Constitution, and ti
Land it unimpaired to his successor, and to our posterity, as their best an(i
dearest patrimony.— That our rights and our liberties are not less con|
cemed in His firmness than in that of our own Representatives. — Thai
weakness, always a vice in those whose duties, subordinate to his, arede>'^^^
termined by law, would be much mure so in Hi"'. — Finally, that it is tlu^'
duty of every bubject who has a head to think and a heart to feel, to eii< 1
quire in a temperate and unbiassed spirit, whether, in the contest whereir,^
the Legislature is involved, the King and his servants in authority undei|>|
bim, are from unlawful, vicious, or corrupt motives, contending in a wrone|l
cause, for an unjust and unconstitutional object ; or whetherthey arenoi'5
rather repellingf an unjust and unconstitutional aggression, and rightfully |
and virtuously maintaining a sound constitutional point, never to be given "
up but with the sovereignty of the Province.
To adopt in the present matter some of the words of our own immortal
jVelson, in a momentous struggle of another nature, in which the rights ol ^ji:
Our King and Country were also at stake, it may, at the present crisis, ;^
tery properly be proclaimed that the ^' Country expects every man tciJt^
do his duiyV ^m_
If this point be surrendered, it is hard to say what other point of majot 'r
importance will next be demanded. To yield one right to an overween*
ing antagonist, is often misinterpreted by the latter into a right to expect
that another will be yielded him if he will pertinaciously insist upon further ;|
concession. — However tardy the Legislative authorities may be in comin°
to a fair and a permanent understanding (and unless it be permanent it had 'f
better not be) on this constitutionally important matter, it is very certain
that the King's responsible servants, never can nor will so far forget their f
self<respect and their duty to their Master, as to suffer in this question the %
comtBon rights of His Majesty, of their country, and of all the King's f
^
I argament. Abot^
se it is surroon
bunded on truth.
, whose subjects
he legiil office) a
Aw ri»{ht«. ]jet \
V his Sovereign :
nd for our commt
honourable tml
re and great solic
ul responsibility
le Executive powt
>n our conTirlen
lit*] could comp
'ather to his regai
SENEFIT, fie WOul^
JS d^reat injustin
hand, not only h;
!onstitutiop, and U
/y as their best an
are not less coq
esentatives. — Th
ite to hiSf are de'
uUy, that it is tin
^art to feel, to en
e contest whereir
in nulhority undei
ending in a wrom
hether they are no;
on, and rightfull)
nef er to be givei)
our own immortal
I'hich the rights ol
the present crisis,
:ts every man will
!ier point of majoi
t to an OTerween>
a right to expect
insist upon further
may be in coming
I permanent it had
it is very certain
so far forget their
this question the
of all the King's
■ecMMry to labMit th* inbjectta its wiidom t-^^^MiMt lbM# (btra it to be tor* tbo
weighty authority to ttao cunUary of a au^oriiy ia Um Auembly, and— Th« Old Quoboo
Qasettet , "
.?...
■i. I
(B)
<>,» ;*.r
It is proper to observe, however, that the Legislative Council In paninf thia
Bill most sirongly protested against it. The following is •alfacted from the Jouraalt of
that Body .-
Resolved, '< that the Legislative Council see with great concern and surprise that the
** Bills sent from the Assembly intituled ** An Art to enable Ilia Majesty to defray cer^
" tain arrears of expenses appertaining to the Civil Government of the fruvince" and >' An
** Act to appropriate certain sjms of money towards enahlinf Hit Majesty to defray certain
*' expenses therein mentioned appertaining to' His Majesty's Civit Government in this
*' Pt ovince for tne year 18^3" do contain very objectionable mutter in granting moiiies
** from the General Funds of the Province, no funds so denumi^len 'having legal
*' existence ; and the titles, preambles, and clauses of grant and apprupr\a(i6n.in the said
** acts, being worded so generally and ambiguously as still to assume, or mean to leav
'* in doubt the right pretended to by the Assembly of disposing of monies raip^d and
" appropriated and disposed of either by actor acts of the Imperial Legislature, or by
** His Majesty in respect to His Majesty's prerogative righlsand revenues, and finetaad
** forfeitures ; or by act or acts of the Provincial Legislature containing permanent ap-
*' propriations, or where the fines thereby imposed are not Reserved for the future dispo-
" sition tiiereof. Against all which assumptions and preteosions, whether directly or
** indirectly or In any shape expressed, made, or implied, by open or covert laogusge or
*' meaning, the Legislative Council solemnly protest."
" Resolved, that the Legislative Council have concurred in the said Bill»» as.ame«>
** sure of necessity, resulting from the very advanced period of the session, and thecon*
** sequent impracticability If they were rejected of tbi-ir being replaced before the
<' prorocation, and further they liave concurred therein to prevent the great and indivl-
" dual distress which the present rejection of the said Bills would have rendered una«
** voidable. But in so concurring, the Legislative Council declare that they reserve all
" their rights and privileges unabated, and that they will not hereafter admit upon any
** occasion whatsoever of a proceeding so contrary to the rules and method of
*' Parliament.
The woids '' General Fdnds of the Province" are to be found in an Act on the
Provincial Stalute-Book (39 Geo. Ill ch. 9) which Act is a dead {<ff(r, never having
taken effect, the repeal of the ilct of the Imperial Parliament^ of the 14ih Geo. ]1I cb.
88) by the British Legislature, being according to the Provincial Act, a condititm pfeeem
dent without wMcliit is not togoinio rffect. . These General /''iin<{s .were t<> have consist-
ed of a consolidationof duties, including those of the 14ih Geo. I I.I ch^ ^Rt wbfch attbat,
time did not co' stitute a fund very considerable in amount. Biit i( is.also to be obo,'
■erved, that in the Statute I4ih Geo. Ill ch. 88, which provides the fund towards defray*
ing the adminiriralion of Justice and Civil Government of the Province of Quebec^
Upper Canada, being a part of' the Old Province o( Quebec^ was and still is interested, :
and consequently the British Parliament could not by any measure or conditional
Legislative Act on the part of this Province, without a corresponding step, on the part
of the Upper Province repeal an Act in which the latter had a considerable prospec-:
tive interest. The repeal of the British Act at the instance of only on^ of the parties
concerned, neither nrcessily nor pojicy requiring such a course, would have been pre-
inature and unjust towards the Upper Province, wliich in cases of misunderstanding
In financial matters with Lower Canada, beins the party most likely to suffiBr, ia on that
account alone the more entitled to, the care and protection of the Imjerial JParliameBU
. . ■ . ■ ';'..;. k . , . /
-.. ..
.■■>.■ -;.,>; f 4Mff»¥ =>.)...-;.;'...■«•
.» ' ...-'.•...» ,. : .-. .
t
' i *'■> Vv.^./iK»li-t ».'.:- .-/(^ "
. •'■• r !( I »« 1 •, > . ■ i ■
< -i/'Hi I ^»H>i^*igi--i*'-.«t ■.-•-■■'^'1 *■'
« ■ t, ■ - • '^l •• t'l, f 1. \ 1
• • > ■
. . (>?» irU ♦l,3>-'*)J>--»„- t. ::J ; •
- * «-',i f^ ti> ■ ■ ■■■'..A »!
' .' •■
' .' •" ". *r''-l!':; ''■>.':; *•,
' "
:.-,'. -In S-.^.l.! ■ '.: -}
■ -i .
1 i.ij o-i) fM Hit .' ..< ■■y'.i ii'iC ,.i^j»
.» Jii t! y
■'!<',
o'y>.
>» {•*
Hi
h
i{
l>.
i!
•!i:
ivbjects in thii Prorliieo m Intolfed In them, to be in the kmst ,
oiiaed. Their determination cannot but have been adopted upon delibera-
tion and a full linowledge of the case in all its bearings, and it will no
doubt be persevered in with wisdom and with firmness.
(A)
The Act 14 0«o. Ill ch. 88 eMsblMing a fund for defraying the expemeaof tha
/tdminhiraliontfJuBUce and support of the Civil Qoverrment vf the I'roviHce of i^Hehte,
it in no reitpect altered or affected, either in eipretis terms ur ity implicutiun, by the 18th
Geo. Ill chap. 12, much le«s by the Slsl Geo. Ill chap. 31, commonly culled the Con-
stitutional Act. The fund being lawfully acquired and established bv Parlimnent iA
favour of the King, for the (^uppori of His Government in the Fruviiice (by llie coiK)ut»<t
whereof he had succeeded to ihe rights of Ihi- King of France in certniii dutieif appe;'
taining to him at ihat period) neither wsh nor could be intKuded tu be attticird Uy ai; nil.
Which far from looking retroiptctivty loolied in the opposiie direction, liy the iMh Sen.
Si ch. 13, it is simply declared that '• the King and Parliament of i,reat hriiain wilt wtt
impose any duly, tax, or ai-sesiiment whatever payable in any of His Majesty's Colo-
nies Ac' without any general expression of a repealing intuut as tu any duties levied in
the ( olonies, except upon Tea as imposed by the 7th i>eo. HI ch 46, which was spe-
cifically repealfd. It is to be observed that the duties on 'lea were lor contributing to
the General dejenee of tlie Empire,^ anithnt although the Parliament repealed ihtiii,ii did
so on the sole ground of ejrperfienre :— .but those duties letiedon other Articles which had
pre-existed for years In the North American an<i West ln<nan i oionies^aiid which wefrd
annually remitted to England for Ihe general difeOre of the Kmpire, remained and still'
remain to this day undlvturbed as they were intended to be by tiiis .\<-.t. A fund solely
andexclnsively for the imernal purpose of (/f/°r<ij»in^ (Ae adminislra.i^n of Juitke tntd
support of the Cteit Ouvernment of the Province tUviif, is surely qitite an •(her matter
from thai which the King and Pnriiamenl had in vie((>as entirely relating to the e,eHe-
rml d if ence of the Empire, fot wMch pu^pos« they only declare they "will nnt impost
any dutg^' giving, as a reason for this ? oinntary renunciation to a right they onquetttioiis-
biy thought they had,— (or why reneunce it 1"') their belief that " Hit Mojriiy^s faith'
f Ml subjects might, Never</<ef«>« be dispt^ed to achuouitedge the justice of cuntril/uting tu thit
common defence.
The 91st Geo.3,cll. 31 (con#ittMioral Act) enpreMly reserves the power to His Majesiy
■fid ihe Parliament of Great Britain of imposing duties for the reguitliion of naviguiioa
and commerce, leaving the netl produce of all duties vhich shall be so imposed to Ije ap-
plied by the Legislature of the Province. But whero is (he disnpptopiiaiing and ditpoi"
«0M<iig intent, either in this or the preceding Aci of the 18ih Geo. Ill ih. Is!, witb
respect to the fund established nfid appropriated by the ]4ih Gf n. ill ch, 68 ?
The opinion of the British Parliament as laie as lt-22. on this poiht is very clearly
expressed in the Canada Tmade Act. The preamble to ihe 27ih section of this aet
recites the title of the Statute I4ih Geo. II I ch. 8K, mentioning that the duties imiioied
by it are according to the same, " directed to he applied under the autltorily of the
Lord High Treasurer or CommiBsioner of His Majesty's Treasury." Ihe enacting part
of the same sectiim provides in specific words, that the " Lordst nmmissioneisofllii Ma-
" jestjf's Treasury for the United Kingditn of liteat Britain and Ireland for the lime
*' being, nay make such order respecting the prupvrliun in vhich the »ame (the duties
*< levied under the 14th Geo. Ill ch. 8b) shall he expended within each if the snid
*' Provinces respectively for the purposes mentioned in the said act, as to them shall
" seem meet."
The bestcooBtitutional lawyers in Britain have expressed a decided opinion on the mat>
ter, and that opinion has the unqualified confirmation of the British Government and wilt
u decidedly have alio tbat of toe firitUh Parliament, whenever (if ever) it may becono
E
tV.
( ennpro-
i delibera-
it wili no
•mesof the
of V«teA«c,
b> iliel8th
d the Cun-
rliiwnent \A
le cuiK}ut>ht
tiuiapiib.*-"
d Oy ttir n«|
le Ibili Seo.
uin h/// n'it
^sty'H Coio-
!ti levied in
:li wait vpe-
[iribuliiig to
ihtiii, it did
awbicli had
wftit'h werd
ledand still'
fund solely
Junlkt mid
ifher maiti'er
i> the neike-
nt»( impost
iiquehtioiiB-
rily'i/ailh.
tttng tu ttiAt
lb Majeny
iiavigaiiuo
rrf lu Ije a p-
aud di'poi"
h. li, Willi
?
ery clearfy
of (his a«t
ies ini|iti(4(I
triiy uf ihe
lacting part
I of Hit Mtt'
ui- Ihe lime
(the duties
if Ihe siiid
them shall
on the mat-
ntand will
lay becooM
.A.W''