SPEECH HY Tin: RT. HON. SIR JOHN MACDONALl). [DEL 1 VKUEl* APU I L 1 1 Til. 1 H78 .] From Tlie (la:cttr, Montival. Sir John A. Macbonald — Mr. Speaker, I rise tor the purpose of bringing beforv tiiu attention of this House the late political events which occurred in the Province of Quebec, and I may as well now read the mo- tion which I propose to place in your hand. I move, sir, neconded by the hon. member for Cumberland, That Mr. Speaker do not now leave the chiUr, but that It tie resolved ♦ hat tJiu recent UiHralHMal by tiie Ijtentenant-Uovernor of Ciue- bee of his Ministers wan, under the olrcuni- stances, unwise, and subversive of the posi- tion accorded to the advisers of tlie Crown since the concession of the prlnclpieof respon- sible govern ineut of tlie British North Ameri- can Colonies. It was eui^fj'ested the other day that th" mo- tion to be made on tbis suiiji-ct ^'honlii b« an Independent motion, standine on its own merits, and in an amendable form, and ray hon. fiiend from ChateauKuay alluae<l as an example to the course taken with renpfj t to the celel rated resolutions relative to respon- sible government which weie pHS^ed in SeptembiT, 1841. There is this dillVrence betwet-n that cnse and this : those were a se- ries of propositions for the tuture gorernment of the country Before that, Caua<ia, wbi( h had long been fighting for renpoDsible <iOV. orument, had not succeeded in obtaining th"t vreat boon, and those resolutions coutained In '/act a measure not ctrtainly in the form of a bill, but still a measure for the future gov- ernment and administration ot this country. This, on the other hand, is an expression of « grievance. It Is not a resolution for the purpose of laying down a new i^ile fi>r amend- ing any rule ftT the adminipirttiori' »>f thf affairs of this country, l)ut it W av^tAti-iKWit' from the poitUt ofvi'iw to whi<^h \ Vf(ifu/o .to rail the altenti<>h of thisHoimrjof AgVft^^n^e of a breach of the constiYutiooalJ Jsy^tem which now exis's in (!anada. It is a well understood principle that the demand for supply and the assertion of grievaucfs go band in hand. It is the proper mode and the expedient time for asserting crievances, when supply is demanufd by the Crown, and if that Ve so, the grievances must be stated in the languaf'^e of the party who claims and states it is 8 grlevpsco. It is no satibfcction of tbe right of the party wishing to make his com- plaint that he should b«« told by amendmcHta that his grievance is not as alleged, but that it is another kir.d of grievdnce, and must be dealt with in another way. There- fore, I have thought it expedient to adopt the constitutional mode of making this motion at tbis lime. This question, as I have alreadv stated, I hope and believe should be ap- proached without anv partv feeling one way or the other. It is a constitutional qaestiou, rising far above and b:-yond the temporary party struggles of the day. The hon. gentle- men opposite are as interested as we are on tbis BidH in the good ffovernmentof the coun- trv, in laying down cwrrect j)rini:iplfH for its government. I have bad sonx'thing to do, and I am proud of having had something to do with the c<>ti federation of these proviucCK, with the fstablisbraent of the present system and the inauguration of the Dominion. The hon. gentleman at the head of the G<ivern- mcnt is one of those, to their credit l*e it said, who forgot party feelings and party an- tecedents, fiTgot for the time all the old struggles, in a common effort to lift, if it Were possible, the hcattered provinces from the slough into which they h'' some de- gree* fallen, at least the lal rovince of Canada, and to form one great Dominion under Her Majt sty's Crown and tiovernment. The hon. gentleiuan at tbe head of tbe Government, as well as myself, and all the leading men of that dav who were concetned in laying tbe touudaiion of the Dominion, must desire to see that a fair supfrst'ijctiire shuil t»e raised on that founda- tion, HiJd that ij, ^•baJI not be undermineri, shalKnitibeV'V^e.ftiJ'lpr destroyed or prijii- diced, by any mistake bo early in our history. It js ijf ^Iji) very gr'ate'sk consequence that wt; ;<ht>ul^,rpjiKe,no 'l«d precedent. A bad precedent is a dangerous thing, especially when we arH in the commencement ot our history. A flaw, a disease at tht; roots of tbe youug trees, is sure to lead to car'y decay, and therefore it is especially our duty to see that the tree planted by us — to change the metaphor from the building to the tree — shall be t>heltered from evt- ry posf iblo disease or infirmity which might destroy its value. 59177 \H0 fC A bad precedent iH an exceediDglf bad thing If there irt H iiiJHtaki) ia admiiiUtratiuu, that •can bo ciired by a (.'haiige of Oovtirurmfrit or of puli(.y ; if tliere iB bad leKitiltttion, thatcHii be cured t>v repealioi; or aruoDdinx the ob- juctionabiu ActH, but a precedent once e^tab. lish^d alwayn ban its iutluente. Il you tiikii lip cuuHtitutional authoritit-B you will find precedents quoted from very early tiracH, It iH amuninK to see how, when any conxtitutional (|U0Ktiou arises, geDtlenien luti'reHted in such sultjucts follow out the line of precedentH, and you -will see Kometiines quoted piecedeuts in the ^ime of Ueurge III., it nut earlier, us ut equal value and weight with the precedents that have been sot in our own day and iu our own tine. Hon Mr. Mackanzik— Thut is go«d Tory doctrine. 8ir John A Macron ald — The Tory doc- triae is a doctrine which utyn that tlierMUiust be a conservation of Ihe C'ouHtitution. It is good Tory doctrine to say that the treatment bestowtdon the tree should vary witli its growing wants and development. A bad pre- cedent b.iug abadthiug. It is of the v^ry greateht coHHequenee on this, the first occa- sion when a grt-at constitutional quubtion has arisen, that we shou il d(;al with it iu a man- 1 er worthy of it. 1 had thou;{ht, Kwlting at public uliaiis tiom luy point ot view, thai ai Ibis time, in tlie niutjteenth ceutiuy, and with all the advantages we have Irom Eug- liuh iireeciKnts and our own system, a ques- tion of this kind could not liave aiisen iu C/anadi again, but it only thows that eternal vigilance is the price of libftly, wlieu, at this time, lnr<;, in Cuinda, aiiLr havidg gained responsilile guverum^iit iit the jioiul of the bayonet, the first principles of respou- I sible government should rKjuire to be dis- cuss :d and defended in this House. The resolution 1 have submitted to the House states that the act of t>iH Licnti'mint-CJovcr- uor of the i'roviuce of (Jucb^c " was uuwi.^i;, and subversive of constitutional government, and unconstitutional in every way." The lirst question that arises upon that nsolution is whether we have any concern with that iu this House. I need scarcely discuss the <luestion, I suppose, and I hope, and bo- 1 lieve that the Lieutenant-Governors of the I ilift'erent I'rovinces stand now preuisidy in | the same position with respect to the Govtr- 1 nor-Ueneral and his Cabinet as tile U*o\Muoi.'|\ <Jeneral stands with t^'iipij.rk.^o tlii -jiA^eii i and her Cabin^ t, andMf •th^'f b.v 'a'lrA t'ted'i then it must be heWlhat Mi» I'arjipn|eut of j' Ike Dominion of Canada Has'a tiup^f viji^lj. jf * the acts of the Lif«le1«fut-(}ft»t«rfuMS. 'He- fore Confederation, us we all know, each of the Provinces had a Lic-utenaut-Governor. We had a Uovernor-Ueueral of British North America, who had, by his conimis.siou, a nominal supervisiou over the I'rovinLes of Nova Scotia, Now Brunswick and I'rince Edward Island, but that was a merely nomi- nal «upei vision. Then those Governors stood in exactiv the same fdation to their reopec- tive provinces as the Governor-General of British North Ani'rrica did to to the old Pro- vince of Canada. They reported direct to Her Miij sty's Government, or rathttr to the (Jolonial Minister, who representi^d Her MiiJDsty in that n'sneet. It is well known that brfore confederation all thos</ governora were liahle to hive their conduct diseussed IU the Briti.ih Parliament. Kvt-ry governor of (Very colony in the British Kmpire was liable to have bis I'ondiiet discusNt-d, to have a motion made for his recall or for hip censure, or to censure Her Maj sty's (iovernmeut if they did not lecall them. 1 need starcely quote the numerous canes whii'h o .'curn'd in days of old, but iu modern times we all re- member the case of (lovernor Kyre, whose conduit was disc ussed iu the British House of Commons ngtin and ai;ain, who was dig- missed l>y Her Maj. sty's Government in con- sequence of the action ibat was takeii in the HoHseof ConiiHons We all kn«w the caae «if 8ir Cliiis. Darlimi, who was recalled by Hfr Maj'hty's Government, and whose con- duct and deponnient end mode of gorern- m<ut were frtquently discussid in the Briti-h Parliament. If honorable members Would like to have reference to the discus- sions I will give tluni. The discussion rn (iovernor Darliiia't* case will bo lound iu the EiiKlioh Jluu^u.J, volume I'Jl, piige l,yC4 ; tliat on Governor Eyre's case in volume 184, pagt-B IjOiiUand I.TOj. . There was a remark- able case, slui wing till! freedom with which the Brili.-.h 1'atli.iment discussed the conduct of I'olonial Guvi-rnois, on a motion made by the late Joseph Hume, against successive Governors of British Guianii, where heat- tacked moril stroiigly the condu 't of the Government, chaigiug them with a breach of honor and of duty iu respect to these Gover- nors, who Were two rather distinguished meu, Sir Hi'ury Lighte and Governor Bartljtt. In this cotiiitry, wiihiii my nxperience and that of the h (II. iii'iiiinr tt>r Cl;at .aiimi ly (Mr. Holton), Luid C.ilteart aunotiiieed lu a very uuusu.il way, lailier as a soldier ihau aii a politician — Hon. Mr. Holton — My your advice. Kir J. UN — It was long before my time. Hon. Mr. Holto.n— It was after Lord Met- calf.'. came, (ind before Lord Elgin arrived. Sir John — It was before my time. The first Governor under whom I served was Lord • • • • "^ • .^'Wi-i-. • \ li^ti* Mi*.' Hoi.ton — Itwas your party. fiir .Joii.N — 1 never set v;,i.% '"'u'ruuderLord '?3eft'>!tJ iit ho'pl CaihcurirV Only a jear or tivctiigiJ v'e'^ldii.the ease of Pope H liliessy, v^h<*se ('o*ndu.:t 'in B.irbidoos was dis'ussed. Althotigh he was not reealb-d, thu tlcb.ile in tlie lliiiise of Commons went so far as to show ihiit iu his supeiabiiudaul z-al, because I believe it was such, he liad perhaps outrun disireti.m, and he was a very short jxriod afterwards removed to another colony. Theso cases, however, are not leipiired in order t ♦ establish the tact that the Imperial Parlia* lih' 8 mt;nt havo (i<:iU with tho nctH, thu incritRnixt dtcmeritH iif colouiul Ui'V-riiorii wirh ptrftat freedom itud )ii'rti;( t rii^lit, and tho liupcriul <lovi'rniU' III nT<! held r'SpunHJItli;, as th>-j w ni iu (iiiveriinr Evnt's case, wheu they ro' biHU'd ^evt!r;ll of the luotioriH luud'-, to t'oiloM up hJH di^iiiiH^al by | uuiHhiutMit, atid reiiHure was eudcavoied to Iw cast on thoiu by «tvi.* c(iloi)4a) aPHcmUly, have nlwayH contended that ttiu SpeakeiH in tho liir r> nt colouii'H had tilt, sanin power within tliuir liuiitKd (:uh>nial jiiriNdi' tioa bh thn Speaio r oC the Houhu of OoninionH, un<i that it iH abHoliitdy nfcuHHary for Hi that tlii! Spt aker sliould havu that powiT. But wi' know that it wuh di!( ided' Id an ai'tioQ hroiiuht agaiuiit th'* Htieaker of ral remiliitii ns In fact, it iH naid hy the pre- , Newfoundland, in the catie of Kdly and the Hent L.rd Grey, in hia book on lieprenentative Speaker, that the Speaker had no hui h riKht ; Ooverutneut, that iu Home rer<pociH tho <;o o. uieH havu an a<1vant;t^o over the mother that t)io riffht of tliu Spuaker of ths Koii-ieot' OoFumons retited upon preticriptioQ ; founfry. The SovT.'inu ean do no wronjf, thai the Speikers, under the colonial couati- but if 4ho reprertoutativo of the Sovereign tulion. wero creatures of the 8t:.tute, and does wroiifj, the people of the < olony have timt they had no corumou law, parliamentary the T'mht to appeal to the fo<»t of the throne, ' rights, aa the Sp(!aker of the Htmse ot <;om. and hold Imperial MiniHters reHpoui-ii^le it mouH had. 8 ill, all the ColouitN aaid it wan they do not do justice to the cnlony. I will < absolutely necessary that that power shoald quote a bhort pasta^e. Earl Urey Hay«, at ' be given them. It wan ac(U)nlud to us, but page 346 : — "There was tlil.s,ninst '.in|>i)rtant diHeri'iice between Hv'olonliil (io^'eiiiur and a H iti.sb iSovureign of tlie House of > laulaKenet or ' udor. Tho toniier w.ta re>p nsil)le to the Iiap^rial auUioi-ities, to wfi eli ilio troloay <Miuld always ujipeal fur pro.eullwii from a lioveriioi- who hiid alxiscit his power. Th<' Crown will recall any (iovernor who liad f.iil- eil to ili>( haijitt lil.s ilul^ , and II he re lined to <lo NO on a weil-(;roun(i. (I cDinplaiiil Iroui tl>.< iuhabllanl.-> of the eoloiiy, they wereeniillea to iay iheir t{neviiucc.s before I'arll.iini'ut." My conteutiuu is, and I do not Ruppo^e it will not bt; <li.-^pute , tint the Haiue power that rented in ttie Imperial Parliament with a< a bimplu b>gal quentiou it waa decided iu that cane and in ueveral others. In the case (d McMab agaiuHk Bi4well, when Sir Allan McNali brought an action against the Speakei' of the old Province of U[iper Canada tor faUo impriMnmeut, becanso he had, under ord.-r of tho House* of Assembly, aud as Spea'ter, it^sui'd a warrint for his arrest, the question was rais>'d, though I am not sure that in that case it was formally decidid. For the purpose of th's diacu8.<ion 1 will assume that the Lieuteiiani-Oovernor held precisely tile samt) position in ri fereijce to til'* Province of (ju bee, its Lcgibluture aud respect to Colonial Governors appointed by ' its lliuistry as the Goi'eiiior-G^ iie;ul does iu direct command of Her Msjet-ty, exists with respet:t to the Dominion Parliament as fiiras regards Lieuteiiaut-tiovernors appointid l>y commission of tht; Govimor-Ceneral. In the rtuiaiks which I shall address to the House I Hi-suiiie that the Li ur.-Oovernfr of ea' ii pioviiK.; ban the sumu power, re- presents llie thrown to the same degri:e as the <jOVeruor-Geiieral represents the Crowu with respect to the Dumiiiiou Parliament, within the jurisdiction of his own provinces. 1 do not mean to say, it is not necessary for the purpose ut my argiiiueut, that that is legally tto. A very strong argument has been used lately by a distinguished lawyer in Montreal (Mr. Ken) upon that point. Ht- lias gone to show aud to argue that, by law, the Lieut.- <ioveru(jr being a creatuie of the statute, a creature of our Constii'utioual Act, ai>pioved by commission from the Governor-General, sustain and not from the Sovereigu diiectly, has not the same power or the same attributes or th.; vame position as tho Goveruor-Giueral. Well, there is much to bo said from a merely lawyer's point of vijw in that n^spect, aiid I ■would not be at all surprised, if a case were brought up before the CoUi'ts whirh would be obliged to set aside thj constitutiimal ipies- lion and look at the strictly legal queiuiou, whether that might not be main;aiu< d. We know, with respe.t to the powers of the Bpeakets of thedilTerent provinces, that that question has been decided twice, if not thrice, perhaps oftener. The different legislatures, the different representatives of the people, the regard to this Legislature, and the Ministry that advisi's him. In this ilistiissi^'ii, us far as i am conct«ned, 1 assume that he has the same power and re- sponsibilities, the same right of exor- ei-iug the prerogative, within the limits pri .-icribel by tin: Couledriaiion Act, and the s:im<! responsibilities, aad that he must he subject to the same checks. 1 hive been speaking about tho legal right of Speakers and 1 would now also epeak of the legal rights of Liv'uteiiaiit Governiprs,i.f the Gover- nor and of the Ciowu. A great deal of con- fusion ariset', as is evidera from ttie arga- meuls we read in the press, from the iuter- uiu^liug of the (|uestiou of jirerogative pow. r aud constiiutioiial right. The Crown lias great poW' rs, gri at legal powers, and if they are exerci.sed, every CuUit must the exer ise ( f thit prcnj- gativo power, that hgal power, be- eaus ■ it is a i.ower euiif rrt d upon the Ofown by law. At the .same time, every one of these acts, w-iich ttr>! sustained aud may be Hustained iu the Courts as perfectly legil, may be as thoroughly uueousiiiutional as the Court doelareil them to t'C legal. For- merly it was otherwise, but now the disiine- tiou is drawn iu practi'.e aud in theory. All the constiiutioiial writers l.iy down that principle beyond cavil, and to say that the Crown has tho ri^ht to dismiss a person or appoint a person, the liiiht to veto an Act of Parliament, the right to make i> in-aty, that the Ciowu Las an iufiuity of pierugative rightfi, JM no HiiHwiT til •iny i IxirK** whivh mny b« hroiiK>il Ukruiiixt Ihii (Jikwii or th»* ndviHerH of tiie CriiwD, that the lefj^ul preroK>itive of the Crown wuh unconHtitutionally (xirciHcd. The Hovcreinn, for instanct', ctin <k'clarc war, SB we ail know. The HovoreiKn can mako treatieg without reference to I'arliiini<'nt. The HoverciKQ eouUt, by a treaty, ^{ive away the Inleof Man, or the Channel IxlandR, or the Duchy of CornwalLand that treaty would be legal, and the country would be (fonu ; but, at the pamo time, there Im the rii^ht of impeachment, and no Mininter in hix HenHi's would even recommend RUihnu exi-rcise of the royal prerogative. It is vrry important, Mr. Speaker, that we flhould ke>-p thitt difli>r- nncndiBtiuctly and nteadily before U8. We nee it mentioned in some of the new^paperfl which are UKUtlly calle<l Liberal, but in this ca8e are the rt'verHe of liberal, that the Constitutional Act gives the Lieutennrat- Qovernorthe power to difimisH his Ministers ; that they only hold ottice dur- ing pleasun?, and that that pliiasure cnn be exircised whent^Ter the Crown thinks proper so to exercise it. That is not the Censtitution, and I will call attention to the diff-rence shortly, be- cause it is well to lay dowa this principle, and to understand the difference between the legal power and thu constitutional exercise of it. Lord Brougham, who is, I mnst sav, however, net, i>-rl)aps, the stroiii;cst uuthor- ity on cKiirttiintionHl <]'icKti(iris, who w.is a little cr'Hii'-, though his g< iicnil iiicH, bk my hou. frifOitrt (>ppo>ite who hnv.- sfii<li' (1 th'Me questions nuist know, wa.( tliiit cf a nian whose stHtcniHuts fhould If receiynd wito rrspert, said : — " In (llscoiirsinst upon the franfie of our f4oT- ernnifiit, I hHVn IreiiUfiili.v usi-d ilu« ln'iii constltntioiiHl,' nolwiirlislnnilinx tticdisfavor In which It Is held l)y political rt'iiMiiicrs o| the Heiithain s(;h<>ol. Tlic.v r tfiird It as u, gross Hhsiirdlt.y, and us curl laugiiiigc of the frtctioii.s whoru ihcy lialo. They tiny Mint the word Ims (.Itlier no uieanlnn at all, or It nieais eV'Tyihliis; and auythlnf;. A thIiiK Is unconstlliti'onal, say thfy, wlileh anyone for >«ny rfusoii chooses to dislika. WlthJid delerciice l-o these reasoti- ers, the word Ii;im a pence l.v tnelll!; title raeanliis, and s milllcs th'>i, which It is >i - ways most ImporiHUi to ic<;iir(l ^llh due at- tention. Many things ihiil .re not prohil)ll'd hy the law, nay, that cantint oe proh l)lted without tiiho P'Ohihiting thio>!S whii-h ou^ht to hn pHrmlt'lid, are neverthe ess reprflieiisl- 1)1,' btii.MUse contrary to the npii it oi the t'i>n- hMtutlon Thus, the .Suveicli;ii of England Is allowed hy law, like any other p rson, to a in ass as iniii h nioiiHy jn he plens •" by his Havliijrs. or hy entt)rin!{ Into spi-ealatloiis at home or ahioad. He mlKht aecu nulaie a treasure of tllty rtillHoiis a^ easily as tiis bro- tlier of Holland lately uld<nie of five, and he wo-ild tliu", hesKit M, have h'S parliamentary Income, and wUtiiiut eomioif u» Parllainunl for a revenue, have an income of his own equal to two or llirHc nil liniiH a year, i his would bean operation peifeetly la^vful and pctVctly Ui'ConHl tiitional. and the vHnister whostioiiid Nanetloii It W'>uld bo Justly llal)le to soveie f-ensure rtccordliig y. .-'omo speak with por- ftct eorrtciiiess of n I tw wh eh Is proposed tteine uiicoiisiilut onal If k sins igiiliist th>^ genius nnd spirit c)f oar free gover- nieiit; as lor example, ag lust the separuiion of the executive from the bgislultve and Judicial ftiiicMons A l> I iniiiKd Into a > i.tnte which sii. old ecru iriittt v i>'oliit.tt iMinic inc.ltnifM wliiioui the consent of the (Jovcriiment w •uld be lis valliland tiliid nit a law us thcOroal (Miartor "r the .Vet nf ^«etllcmcnt, but a mure uiiconnMliitlonal law con d not tie well de- vised. M) a law (jlvltll? the soldiers ir the mllltla the p'lwer ofihooslnu their «(ltlcHr», or a law wlthdrawlnif the military wholly from the jurisdiction of the eonrts ol law, would be as binding and valid as ho Yearly Meeting Act. Hut It would violate most grievously the whole fplrlt of our Constitu- tion. In like manner, letting the pe<»ple (!hooKe their .indues, whether of the Courts of VVestmlnster or .Iiistlcesof the I'eai-e, would be as uneontltntlonal a law as letting the CTown name the Juries In all civil awl crimi- nal cases." But, sir, I will quote the langUHge of a man of the present day, the mention of whose name will bo suflicient to ensure respect for his opinion, one who is extremely liberal in his views, and who, as an historian, has as- sumed in England the first place. I refer to Mr. Freetnm This passage is so instruc- tive that, ait the risk of being tedious, I shall rend it, especially as the point T am now dis- cussing is ptit far more aptly and with greater ability than I can pretend to put it :— "HInce the 17th century things have In this respect greatly altered The work of le- gls'atlon.of strictly coiistltntoiiiil legl-liitlon, has never ceasetl. A long sm-ccslon ■ f legis- lative enactments stand out as landmarks of political progress, no less in more recent than in earlier times, but, alongside of It, tliere uuh bee. I a scries of p Utical cliaiii'e-, chand'e.i of no less i.i.im lit than these wlilcli are re- cor.iea ill the statute llooU, which have been made without any lc>;i>,ative rnacttm-nt wlia.ev.-r. .-V whole code of polittciil mii.\lms, uiiivcr.siilly ac^ nowledijed In tln-'iry, univer- sally cairie<l out in piaetice, has grown uj), witncait lei.vilii; amoiiirtlie loriiial .Vets of our Legisliitiire anv slei.s by which It grew. Cp to the end <d the Llh century we in-iy fairly say that, no distinction ccaild be d scerned latweeiithri constitution and ill- law. The prerogative of the Cro • n. the pi 1 vile e of I'ar- lia nt, the liberty < f the snb|e -i might not always be c early dcniicd on every point. Il has, indeed, been sit . tint those three thlngt were all of them lllii gs t(» whicli.lii their own nature, no limit eoula be set. Hut ad three were sii|iposed to r^ , If not on thi direct wordsoi ibo.-. tiilule law, ye., at least on that son>ewhitt slu d'lwy yei ver.y pr-ctic>ii crea- tion, that mixture of g-iiuin° an lent tradi- tions >ind of ie(;ei;t devices of lawyt-rs whleU is known to hnglihhmeu as coin a on l^w. Any bri ach, oltlier o, the tights of the Sove- reiun or of the rights of the subject, was a legal olfence. capable of legal detlultlou, and siilijectlori the otlcnder to le^ai penaltlfK An act which could not hebr ught wltliln the letter <dih-r of the statute or *if the commou law would not then have been looked upon as an oitence at all. If Lower Courtt were too weak to do Justice, the High Court of Harlla- nunt stMxl ready to do Justice, even against Uie mightiest oii'eiid«rs. It was armed with weapons fearful and rarely nsed, but none the less regu ar and legal. ILcould snilto by Im- peachment, hy Hitolnrter, by the e.xerclse of the greatest power of all -the deposition of the reigning Kins;. But men had not yet r< acheu the more subtle doctrine thii'. there ni*. bo otleiiees against the (;on8tilutlon which are no ollVnet s against the law ; they had not learned that men In high office may have a responsl- t llity, pr-ictlcrfl y felt and aet«d on but which no legal enantinent has detlned, ana which no legal tribunal will enforce; It had not been found out that i^arlla- ment itself has a power, now practically the highest of Us powers, in which it acts neither as a Legislature uor asuCouri ■i>f JuNtlcP, tiiit III whicli It, iiroiioiiiiros Ken- tOIKH^M Wlllcll llHVII IIOIIH t lut !•■ H pPliCl ICK I fiirco lircuuso tlicy I'firry Willi llimii uoiic ol (li«let(itl f(>ii>ie(|ii*-iicfM of (luittli, Ixiii'In, Iiiiii- Nlinioiit (ir roiitlHcHlioii. W(- now liuvt* h who!)) N.VNlfiii ol politlciil niorulliy, a wholi> rode of |ir<»r<'pt« for llif Kiiid'iiici- of puMIc iiifti, wlili-li will not liH I'ouiiil III any pai{f of cltliiT ilii; siHiitlf or ihu I'oiiiiiioii luw, liut whicli Hie, III pniollcc, lii'Ul hiiic'ly Iuns suit«mI lliaii any iiilncljilu ciiilioill il In lliu (irciil ('liiirtci' or In III!' FiMliion of lUu'lit. In short liy till! nI'Ii' of our wr.llrn law, llnTf liasi{iown lip all iiMwi Itii'ii orciiiivi-nnoiial conhtitiitlon. When an l\iiKll-'liniiiii Kpi-akN of tlio conduct 'ifit piihllc man ki(MnK<'oiistl(iitlonal or iincon- slltiillouul. Ill- intans noiik-UiIuk wIi ily dltl'i-r- •■nt lioiil'Wnat III' iiiuuiiH liy coiidui'; Ik ini; let,-iil or lIU'^'iil. A tuinoiiN voto of iiu; lioiisu of *'oiniiions, piisst'il on t lie niollon of h trreitl siHloMiiian, once dciliireii thai, tlie Mien NIiiiih- ttiTHof Uie Crovvii cild n'.t po.s.M-.ss Uih conii- :|i!«<)e of till! Hi'ii'-f of <?ouiiiioiiN, mill tnal tliflr < mil iiiiiancc In oJIIch wan tin'ieiorH at ; varliiiiM Willi till] »|>l It of tliH (oiistiiniloii. 1 lit) tnitii of Micii u po^ltlo^, a'-t'oriilin4 lu tlie Irartltio hI prlnc pits on wlucli piilil c; ineii have ai'leil for some K<'ti('>'ai ions, imiiiioI lie disputed, lint It woiiUl III! In v-ln to s,-U. for any tract; of such doi'ti UK'S ill an ptt;.eof our ^vriltun law. I he piopK.MM oftnal ii.oiioti did ;iot nitiaii to chartfo th»M'.\i-llin,' Mlnlslr.witli tiiy lilctfa) lurl, Willi any i.cl wiiii li could ii» iiiudc tiif suiijocl. either ot a proheculion in H Lowi'r Court or of I in peach men t In ilie Hifli Court f>r P riiHnn-nt liself lie dill not mean tli.it thi .Vlnlhieis of the < I own <-oiiiniit itil any tni ach of the law of which tie law could take connlziincH hy re OtIlililK possi'-sion of tliclr oltiecs till su.-ll I line HN llie Crowu shiuiid think Kood to ilU- Jiilss them from tliesH odices : wlml he meant •was thiit (lie general eouise id their policy •■was one wl ;i' . to a mii.joi ity of i he fluuse of < oinnioiis, (lid not s>-c-iii lo lie wise or beiiell- •liul tot e iialion.and that llierefore, accoid- .itj lo a coiivc.iilon il cndc as well ii'ideislood and as etleeiiial usilie wii t. ii law llself, lliey "Were humid to resi.,'ii ollin's of which the House of (^>:llmons i.o loii-cr held them KJ hi! ■V'orthy. Tlie H <iise made noci.tim lodisiiiNs ♦ hoise Alliiislurs from their olllces hy 'iny act •OfitNOwii, It did not even petition the Crown to remove I Ill-Ill from their olllces: it simply ■8|)oke its mind on tlulr^eiier d eonduel, and il Was held tli.it when the lloiise had sospokeii, IL y>n,H their ilnty to ^ive way without an.v lor- Siiul petllloii, wltlioill any f» iiial ciiniinaiid •On tl:.f part ofelther the House or of the 8ov- '•leiKii The i> ssiiiK hy ihe House of i;oin- niuiis of such a resolution as this may perhaps be set diwii as the formal dcelitiil> Ion of • conslltutlonal prlnclpio, hut ihouifh a for- Xial declaration, it was not ii leiral d clara- tiou ; it eiealed a point for the practical fuidunce of future Ministers and fuliire ear- iameuts, hut It iieliher ch;tiii;eil tne law nor <leelttreil It It asserti^d a jirinciple wlilcn might In) appeal d to in future dehates in the Hou-e of Coi'iiiions, but ll asserted no pri;>- «lple wlilcii could In taken any notice of hy « .Uidije In any t^'ourt of law. It staaus, therefore, on a wholly dlll'ereiit ifround I'om those enacimeiils which, wlietli r they ■Ohan^ed the law or simply deeUired the law, hii'l a lei^al fortte, ea aide of beiii^ I'll force I hj- a lemai trlhiinal Jf any officer of the Crown should levy a tax without the authority of FarlUiment, U he shiulii enforc ' martial law without tlie ••uihorlty of i'.iillameut, lie would he guilty ol Alegal crime, hut li he merely eoiilinues to holu an oilice conferred by the Crown, and from whieii that^iown has uot removed him, ttiouKh he bold It in the teeili of any number Oif votes of censure pa.ssed by both Houses of parliament, lit) is in no w ly a breaker of the Wrltteu law, but the man who would so act Vould be universally held to hive trampled sinder fi 'Ot one of the nioHt undouoied priiicl- lAes of the unwritten but uuiversully accupled •teuuliiutiuii." Now, sir, what is the cuHe of the I^ii iiUiiant- IJovt riior, ami what were his rehttiomt to hia 'ulvi8eri4, coiiHtitiitioiiaily H'tiiD^ asiile tb« U-ffixl qiietitioii altdk'ithcr whii h I have at- tempted to thrtcusH? tjctiitiK a^iide hiH It-^al riKlit to diniuin8 every othcer hoi lin^ ottice under him during |ileasiire, what in the puHi- tioit of tliu Liciitt uaiit-Uoveruor and hiH advidcrrt? Tliey hohl prerJHoly the BituH posithm, art I contend, witli renpect^ tt) the Lieiit.-Uoveruor as Lord IJ arouslicld and hin (Joverumcht hold with respect to Her Maji sty. and the lion, niemocr fur Lanili- tou and bis .Ministry told with respcutu thu representative of the SuVerei«n, the(ioveruor- CJeneral. Under the touidiHiiion "« it now stanilH, I contend that the Ministry of the day, so loun na they have the t ititiiieiico of Pirliameut, lio louic art tliey are rtustaincd in Pdrliuiiieut, niurtt and will have tlie riKht to cluim the confidence of the Sovereijjn or the representative of the Sovereifju. 1 contend that, althouijii it was otherwise formerly, and although the doctrimt hi« ktowu up hy slow decreet., and although we read of dismissals of MinisiiieH by the Crown in iheearlierday«, when the coustittitiou of England was still uijdevelopud to the state of perfection in viliili I think it exists at this moment yet, in this day, so Ion;; art the advisers of the Crown have the coutideuce of r'.irliament, they have a rij^ht to claim the contidence of the Sovereign. That is the gnat principle. If we do not hold to that, then we are ail at sea, and in great dang r of being wrecked ; till n, indeed, our institutions are uot ouly on their trial, but we have greut reason to dreaa that they will f.iil, and that this |>romising c immeuoeuieiit ot our new i <>iniui(m will, by au abandonment of that ^reat Ian 'mark, fail to carry out its future as a iJi minion, founded on Untish i onstitiitional principles, and carrying them out under more favorable terms and under les« fettered coiiditions tQan even our fellow-countrymen in Great Britain and Ireland. As 1 have said btfori.-, this is aqu'jstion which appeals to all of us, to every man, to every lover of his couutry, every lover ot free institutions, everyone who wishes to embalm, as it were, British iustitucions in this areat olfshoot of the British monarchy. It is so necessary that we should consider this (luestiun as it exists now in Kngland, and not according to old precedents, that I will tjike the liberty, before I sit down, of calliug the attention of the House to the gradual growth, the very gradiiiil growth in the face of tuch inimi nse discouragements and immense pressure from the Crown, and occasionally from immense weaknesses on the pai t of the advisers of the Crown, that it is ouly by slow decrees that we have evolved the now present system that exists in Eng- land, and which, I hope, by the vote of this House, atid by the advice of this House, and by the general concurrence of this House, will be carried out in this i-oiintry. When I speak about the failure of Ministers iu Eug ■•«! 6 Iftud, w. kiH'W i||<i »'•' li>v' t'tili-il, ntid thiit th)i <!• ^ !• 1,1 I <Miiii'iii>iK III I'lli' )) hiiM iittiiiii und UK'^i" nuKlti th< in m .kf tiiiwitrthy coiu- pliaiKU-H to till) SoVt'l'l^ll, Ullt lUdWIIIinlMlld- ing ih(! ohhtinacv, tin- wr<)iu;-hfiitln<lr«'Kii, If I may iih<i tlm txpriHrloii, Irmii the tjii»*t ii or KiiiK wi-nrivfi (lir ('rowii iit thu tinic, un'l thu unworthj ciniipli mci'M an>l wi^HkiivHHt^H of thu adviHerH of till) Crown, yut, by hIow dtgr<»*B, the coDBtitiitioii liHH bi-t^a c-voivi^d, until wi- dow hiivr ihitt piim iplii tixrd in Kii^liknil, nnd I ho|ii> tluit th<t m lion of tl.iR Hoihu will Hx it ill Ciiniidti, itiiil iliiir,, ho lont^HH thu MioiHtry of th>' duy Imvi- tljn confiit'-uci- ot the (M-opJi, thi y will ii>'v<' ilm coulldbui,*- of th<3 Crown, will hn itdviB>:d Ity tliosi' inuii who will havH the couiidiMici! of thu Crown, und that ttiu Oowii will lit) advised by ttioHo men who havo the tuutidi-ncit ot the repn koii- totives of the people. There Ik only one <:(ibi-, sir, in which it seemH to inti that thiH doc- trine can be inapugned, and that Ir when tht^ 8overeit;n baH a reuHon to believe that the re. presentatives of the people, who, I raaintuiu, Hhould (tnpport the advinerd of the (.'rowii. have forf- ited the coufldeuce of the people themselveH. In siuh ti <:hh , Mr. Speaker, if the Crown haH that opinion, the Crown has a fair riijlit to Hiy to Its adviwiTH : — "ThouKh [admit that yon have the conlidenee of the repreHentativeH of the people, though I admit that you are Hustained in I'^rliamjut, yet my idea iu thin : that thoHe who do BO RiiHtain you have from one < ause or another forfeited the conii lence of the people thtniHelveK, and I denire that there Hhall be an appeal under your guidnneo. I hold you, my adviaerH, to hiivi the contidence of the people until the contrary is shown, but I call upon you, and I inmiHt upon it, that there be an appeal lo the people, and if you come buck from the people HUhtained in the future, an i'arlianient Iihh Ku^iained you in the present Parliament, tin n you will have HgAiu the coiilidence which him been to 8ome digree weakeQid by late events" For in- Btance, Mr. (iladstone himstlf tlid not wait for any such intimutiou fiom the tVown ; he did not WiJit to be^told timt tli-re wus iiiiiuiH- takable eviiknce that a readiou had sei in in England : he did not weiit to have the Crown Bend for h.ni and sty to liini : — "Von si e single after sin(;le eleetion >;oiu>f agaius-t you ; you Hee thut tinre if a v- ry strong reaction in the country, and 1 think that >(>u oiii^ht to appeal to the coui'ry ns a whole ; I think that you out;ht to Bee wliother tin- country nas such contidence still in you th;it you have a title to the renewal of your lease of oflioe.' No; Mr. Gladstone lilt that it was due to bimHelf and his position to go to the country ; he believed, and it may or may not have been so, that these elections which had gone against him were indications that he had, to a certain extent, lost the contidence of the people, and of his own accord advised the SoTereigu to dissolve, so that there might be an appeal to the people. In the first place, I would call your attention ubortly U> the act oMIk- J.ivuten'tnt Uovernor in the I'roviuce ol ijii II lie had fiiiiid liM Miidtterrt In when h» citiue into p 'Wor, and tound then* BUHttined by the representativeHof the people In the House ot Ai-Bembiy. He loiind them in the l'|iper I1ouh<', which wuh a judicial House, nouiluateil by the Crown, and thejr were Uuve mIbo Htrong. lion. niemhetB — Hear, hi'ar. Sir John — It is ho ; I slate so as a matter of fi-ct. As a matter uf fact, the Lieiitenant- tJovernor found them in ottii e. They bad thou the contidence of tlie representatives of I he people, und they hud the Hiippurt — if that «uitM bitter — Hon. Mr. Hlakk — To the term a "judicial HiiUKe " we were ohj« <;ting, because every man in it was nominated by themselves. Sir John — Kvery man on the Bunch is nominated the adviser of the Crow;i, and yet they are not judi'.ial otti.erB. (Hear, hear ) Hon. Mr. Cabtwiiiout — Thiy have judiciat functions. Sir .loH.N — I know, Mr. Speaker, that it i» the fasbion in some places and in some ways to attack the Senate or the Legislative Coun- cil, as nominated bodies ; th -t Is a point by itself which perhaps we had better not im- port into this discussion even by a cheer. When I 8«y "judicial," I mean to say that their functions are supposed to be somewhat analagous to those of the HoUr«e of Lords. The House of Lords iti supposed to have judicial functions ; that is to say, they are not to resist the well as'.'ertained wili of t>>e people, and that they are to sit judicially upon the niei^urcs of the represemalives of the people, the HouBo of Commons, so that they may give the people them- selves the opportunity, if they think right. In considering that question, the questiotk they are dealing with, tht y are a check on the House of Couiuious, the representativeB of tue people, and in Hub respect they hold an advisory and i/ua.^i jii lieial position, that is all 1 m. an in tuat respect. Hut the Lt.- Uoveruor found a MiuiBtry, liaving tlie con- tidence of both branches of the local Legis- lature, in (>tli 'e, and they were very strung, I believe, in the H )Use of Assembly, but I do not know wnatthi pioporlions were in the Legislative Council— I believe that they wi re two to one. Mr. ItKVi.iv — More than that. bir Joii.i — I'wo to one in the Lower House they hau a maj nily of 2 ) in (iS. The Lieutenant- (} )Venior had th-ir assurance tint bis advisers had the coiitijence ot the representatives of the people, and of the other liraiK h of the Legislature, whii h wisely or unwisely w;ik a c onstituteil authority in thif case, 'i'he whole, or nearly the whole of the aeesion, dragged on, the Ministry of the day introduced th^ir several meahures ; they car- ried them almost to completion ; they brought down, for instance, a systeUQ of tax- ation, which is not a veiy iwpular thing for any Government to do, as perhaps every Finance Minister in his lifetime has found out ; thin WHN MllriWfd to ko nii nnlil It HhiI I •Iniotit c«ime t<> complotlou ; tti« prim Ipiil iue«Hiiri H of the (iovi-rnnii'Ut wt-m Mhout to i bccomif Ihw iu a day or two, and all tliiiiu nieaniirfH had liccti ntipporti-d \>y MtroiiK v<>t«-R iu lM)th UuiiHCR. They Iih(1 bitii Hiipportiui, ttn<i thcrt! wax n vote of want of cotitidetice HKHintit tbfiii on ouu of thi'Hu imtaHiirdH, but it wax out-voted by a Dutu*truuH tnnjority, ( (lUHldcriii^' the sniall body of which that Housv 18 coUMtitutt-d, aud ytttut tliu luBtmu- luunt, juHt btifoni tho prorogation, whun they had tho proof that both HtiUitcH had duter- niinud on thiH, and tho proof tliat the ru- prt-HentativeH of tliu people — and until there IH an appeal to tlio people it \« to be held that they had the coulideuce of the people — approved of it ; then the Lieut -Uoveruor tooli tliu opporttinity to dirtmiHH thehe men on the ground that thene nicuHUren were uncon- Htitutional. Not one of Iht^Hu KrcoQ^*) waH Hulticient, not one of these KcoundH can hold water for a moment. I am ({Uttv. HatiHtied that if the illustriouK perHonaKu of whom we fepokc to-day had been iu the poHitiou of the Lieut.-Oovernor of tlio I'rovinre of Quebec, he would rather have rut oti hiH . right hand than permit wliat he would <;on- Hider an outrage on the liritiHh conKtitntion ^ 1 Maid that by alow degreeH Knglaud waH ' educated up to the present poHition of oou- Htitutional law. Thecouotitution is develop. Ing every moment. Here, an iSriHtow Hiiyn, the conHtitution Ih not now what it was in 1800. The constitution is not certniuly now what it was in IH:i8, at the time of the lled-chamber plot. The constitution of Kni^lund at this moment is Ix-ing developed to a perfect sys- tem, and whttt we <ontend is the riKht of tlie people of the Dominion and the right oi every province of the Dominion, is timt w<- have a right to claim tliat we Imve precisely, in our several licislatures ami in respect to the several legislatures and this i'arliament, the same right as the Eiit:iish people nave with lespect to their farlMiuent. Now, sir. look at the casi of dismissuls even in the time of George the Tlunl, aud he, as we all know, said, it we drawonr antliority froiu tht Lil)errti writers — and the Ijit)< rat writers nt that day are the Liberai-CouBervatives of to- day Hon Mr. Hoi, ton — Do not slnnd.r them. Sir .John — Kdmuiid Hurl^e macie his appeal from the new Whigs to tiio old Whigs, and he would l)e in this country wliat we call a Baldwin Keformer, or. in oilier words, a Liberal-Conservative. Now, sir, in 1771, it has bee.i laid down by all the vviters tlwit the present Hritish constituiion only com- menced to get fair piny, and that the Hot k- - ingham Uovcrnmeut, was estaiilislied over .the rtiins of George the Third's old Gov- ernment. Lord Bute and the rot <»f thi'Ui, by the injliiencu and by the ifiuius and by the tUorts and by the writings of hdmund Burke. In 1774, Mr. Fox, or rather tkte Duke of Portland, who formed the famnusCoallt on GovernnHnt, was diHmiai*»-«t by George the Third. Well, Hir, even then, although it is admitted by all writers, as well by those who may be <-onsidered to Ih* writing on the (Conservative side, or the Tory side, if you like, as by all Litieral writers, tliat, look- ing at the transactijns of tliat day by the light of the present constitution as at present administered, George the Third was wrong, and that Geoige the Third, if he did now what he did then, would be considered to have committed a great breach of the consti- tution. What WHH that case? It is (|Uoted, and it is one of the examples of how far a bad precedent reaches, and how it may, to the latest instant, he (]uoted, when it sjiould be looked upon as a rock to be avoided rather than as a precedent to be followed. The Indian bill was introduced into the House of Commons; it was carried in the House of Commons, and it was defeated iu the House of Lords. George the Third was known to be opposed to that measure ; George the Third knew that it was taking away all the Crown patronage whiih he was eagerly hold-- ingiuhistena ions grasp; it was known that it transferred the patronage of the Crown toth<' Ministry of tlie ( rown of the day. Althougl> he was aware of that, and he felt too, in hi» heart's core, that this was a blow at what he considered tlie monarchical principle and the monarchical power, yet he allowed it to pass throuKh tlie House of Commons, although he was opposed to it, and the Ministry knew that he was opposi-d to it; altliough they knew that every feeling and every principle and every emo'ion ot George tlie Third wag- opposed to that measure, yet he allowed his Ministers to introduce that bill. It was car- ried through the House ot Commons. It came to the House of Lords, and only when it was il< f'l-Hted by the otluT liranrhofthe Legislature, And thrown out, <lid ho say •' Vou have lost tlie cfintidcnre of one bran< li of the LcKislature ; " and mind yo'i, Mr. S[ieaker, that then the HoMse of Loids was of as much const (jueiice, if not of more r«m8< (jiieuce, than tlie iJoiise of Commons. If tins was long Iwfore the lit form liill, it was a time when the Housi^ of Lortlri hml not only its own powiT and poMJtion Hriil prestigt;^ as a grtmt brHn<:h of the Legislature, but it was a time when it controlled more timn one-third, aye, and api)roachiiig to nearly one-half of the House of t/'ommotiH, so that a great peer in the House of Lords was HU iiitinitely irreater political man than a ptilitical ni'in in the Hous<^ of Com- iu(ms, and it was mort- necessary at that time, if possible, ami certainly as necessary to have the confitiente of the House of Lords as it was to have the confidence of the House (>f Commons, and it was not until there was a vote of want of contiilence, by throwing out this measure, on wliith the Administration had staked their whole exi^tence, that he ventured to dismiss them. And yet, not- withstanding that case, it is now held by all constitutional writers, held by all statesmen. 8 and hull! by «iviry man who liaH (.arttt-d thu conMtUiiiioiiHl priuciplf into nttion, Itint tliu coudiicl ot (i.M)rKu till) Third cuuuul be du- fendt'd HH III iiiK (oiiHtitiiii'irml. Hud. Mr. IIlaku — llu biuiigiit itbout tbu VOtM. HIr .loii.v — 'i'liat Ih only another iiiMtiincti of tbu KiiiK luti rli-riiJK iuipiopvily. I Hm not <iofc'udiii)i Ocor^'u tbo ibird, who cuitaiiily brought aliuut lliu voti;. Hon. Mr. IJi.AKK— 1 (»m Kim|ily pointing out tbut tbiii WHO tiu iugrcdieut iu bid cou- <liict. Mir .loH.N— Still, (ieor^o the Third ( or'aiiily had no li^lit to write tiiiit Iclti-r lo Lord Teruplo. CVitaiuly thJH at would not b<- liurijH with for u tuoiut-nt now. AltiioUK'b wu bad, iindi.-i ii ^ruat tStatu cxlf^i'ncy, undiT the datii^ur of tbcru bidu>< u Kreat revolution la i'.n^lanil, U'illtuii) tbo Kouitli doin^ very nearly tlir ^auio tbin^ with rexptxt to thtt lieform bill, it is adniitted that tliiri was a bruacb oi tliu Constitution, iiut it waH like tliu MUiipenHion of tiio J/alnui Vor/nn Act iu tiin« uf war oi* iuHurnction. Iu Irjol Mr. I'itt wax not disiiiiHHt'd, but bo rcHiftuod bt.-cau-iH the King iuHiHtL'd upon tiis al)audouiup: bii* pro- jtict for (y'atbolic iinuu ipition. it was a rtitfiKnatiun. It was a dinmiHrnil in tt^niH, but it was approarhiu)^ very much to a forr«d resignation. Hu rusignt'd on tb(3 Catholic question. 'J'hu next ili.sniiiiHal was tliat of Lord UrcnvilKi 1817. Ic took placi; on ouu form of tht! Catholic quchtion, nanuly. in re- gard to allowing oriict-rh pr(dtK.sing the Cath- olic religion to bold high rank in the Army. The King at tirst cunscuted, but utterwaniri stated that a uii^ap^iruiicuMion had occurred as to the ixtcnt of his assent, and therefore requested tiie Ministry to withdraw the bill. That the Uovernnieut consented to do. but the King rei]uired still furtbur a pledge from them in writing that they would iiever introduce a similar measure. They at once said it would be unconstitutional, and deroga- tory to their position, and they were disinissMl. There were two cases in the time of (Jeorge the Third, that of Lord Greoville and of the Portland Administration, the coalition Ad- ministration of Fox and i'ortlano. During the whole reign of (Jeorge the Fourth there vraa no dismissal ; although he was opposed to Catholiu emancipation, althouKh be had .an hysterical abhorrence to that measure, yet he linally yielded to his Mi isters. There was uo dismissal by George the Fourth. There was one dismissal by William the Fourth in 1831, and that we have all seen quoted us a precedent tor the dismissal in <iuebeo in 1878. Now, iu the first place, there was a great ex''use, which was not so well known at the time as it is now, for the conduct of William the Fourtu in dismissing the tiovernmeut of Lord Melbourne, in eon- sequence of ttie death of Lord Spencer and the elevation of Lord Althorpe, who led the Lower House, to the House of Peers. That you will find described in Uieville's Me- juoirs, and iu order to show there was uu fxcuae fur WlllUrn the Fourth iu that OMe, which doe:, not txo-t now, I will (juoto shoitiy Ihe hiati nienl tbo King niad<-, which ir> givi n tiy (.ireville, and whicli bus bueu coniirmed iu the Memoirs ol lUrou Stuck- tnar : — " When I<ord M«<lhournA went down t'l VVIikIn r lo xeH Ihe Ivliiw, nil tint oi'iith ol l.«ird Allliiirpe,i|i>- lollowiiiK Is Niiil' i| to hiivtf oeeiir- re<l : -Lord .Milliourne lo.il lihn. tliiit Is, tlia KluK, thill lie liaJ only iiikIc i:ikimi 40 curry on llii^ (foveriiiiieiii In cnn-.i intilon of hav- [\')i tlieiiM>lNl nee oi' Allhiirpn In tiie M 011 no of t'oiiiiiiOiiF. ; lilO'eiiioviil niHile II. nei'0>Hiir,v lo ailopl, n new orgaiil/.idlon hlloKetlier, llial •oiiie eniiMlderiili e eoiieeN.slons (o Ilia princi- ple ol reioi III were jii'l^fd lo i><- u< ee.^Mary, and til" appoint iiieiil 01 It Nlleee.-tMir lo vltliorpo, v.lio Niioiiid e irry tln'in liiio eileel ; ilutl ho Was iildp.iil'iii in.fl wllliiiui I lii'.se ine t iovMrii- tiieiil could 110: Ko on, Slid at I lie same tune It wiin iie(!eNhiir,v tosiale mat llieie were mem- ller^ ol the Culiinei who did iiol eoim ide wllh tliesi viewr-, ai>d wll'i would retire wlieli Par- llaineiil met, II' I liey Were adupied These were Lord L'iii.->d iwiie aii'i hpriiiK Uleu Lord .lolin KiisiieU was lo lextt In liie llou.se of i'oni- iiioiis, liul the Iosf. ol Itlert would he a severe hlow 10 them. The eoueeNsloii re aled prill- el pa ly t.> Church rei'orin. The dis- union of the L'uliliiet lieiiik; thus exhlh- lied, It WMf» clear I lie uov.'rninent cMUild not uoon withoui s'line inaierial iilterHtlon In lis c >iiipOKliiiin. The Kiiit; iirxed ihl.-«, and asked Mcluoiiriic Iroiii wh.il <|Uiu'ter the ne- cessary ueeession of slreinjlli was !■) he pro- eiireil, and wliellier he could hope for II from the Coii.servatlve liileiesl. lie owned thai iiolhiiiK was lo he e.\pe<'leil from thai <|uarler 11 reiudlned, then, that ii wits only Iromthe iiiort? extreme iiari.v thai their ranks could bo reenilled. To this Ihe Kin;; would not eon- i Mill, and he I leielore imparled lo liini hU re- Isulwiioii of piaciut; t lie uoN erniucni in olher I liilluls." I in a note made by Mr. l{e vc, who was Clerk I of the Privy Council at that time, and who edited Uren\ille's Memoirs, it was stated that this account of the transaction was contirmed in uliuost every paiticuUr by the statenient drawn up by King William himself, or by his directions, for tiie information of Sir Robert Peel, and tirst piiulishid in Hiiron Stiickmar'ti Memoirs iu 1872 ; that when Lord Melbourne foriiitdhis Government, he told the King that it could not continue unless Lord Althorpe remained in the iiouse of Commons, and unless it hecuiuj a more lUdicul and less old Whig G iverumeut ; that Lord Lausdowne and Spring liice, who were known as the leading Whigs <if that day, were going to retire, because they would not go with the more extreme party, and that unless the Government was rooiganized, he could not carry on the Government Su;h was the ex- cuse given by the King, aud it bore consid- erable force ; yet, by the entire conaenms of practical statesmen and theoretical writers, it had been admitted that VV'iUiam the Fourth wrts wiong. Let it be remembered,, more- over, that there is this marked distinction betweeu that case and that in Cjiebec : at the time when Lord Melbourne told the King he could not go on without a radical change in his administrati n, and iu fact have it recast, he was in a minority iu the House of Lords, whereas, iu (Quebec, a vote of confidence in the Government whs adopted both by the Commcus and the Upper House. It bc'iutt <i o'clock tliu M(>< ftk< r luft tbu ilMlr. Sir Juiis A. M AOim.NAi.ii— At tim timn ^lii'U ilxt iluiiHu touk rt'ii'Mri 1 <^itri HprHkili(f of tliti Innt illntMtU'c III lh)i hiMtiiry of KiiKlti"!. wlnn thit powtT ^1 iIIhiiijhi«mI (if MiiiiHtrrM tiy tli«i (''rowii wmm #X'-r(iri)'(l. S<i>'h II ( HHi- liiiM iiiit oi'( iirri-il ^MlCtl tlll'll it WHH IIIIHIK dHnflll ttlt'tl, HH It ^iMTVitl to 1)1'. It n rtiviil th" rtpiillHtion -«t I'lirliikiiii lit Hiirl III' the |i<'0|ilit l*y tht^ ^iiiiniji! Hilt icliiiii of liiinl M<'|l>oiiiiui niid |tih Hii|ipiirt('rri Ht llir Ki'd'Tikl I'lfctiiui, which %iii* fori'i'il oil niicoiiHliMitioiMllv. It liitH 't>> en piiiiiti-il to wi(h Hi;i>i'ii liy hII writ'Tri on thf Niihj.'ct rvtr HiiK ('. hihI it \x th<'r< torx nn ilii|)<irtiiiit iHiidinurk in the hii^toiy ot coiihti- tiitiotial law in KiikIhikI, of hii it< t wliich chii a*'V*r hii|>|ii-ii HK'kia in Ihit MuthtM' (juiiittry, •lul 1 would f> i>;n hitvo hopnl, if it liml not b«'<!n for rt'ci;ut oicuirencen in (Jnetwo, it Would ni'vur have hiippt'iiid In nny rountry bitvin^ KiiKlihh iiiritiiniioiis I kiiuII Imvo to qiiotu Hevi'ral (lUtlxiriti.ri with ruHput.'t to thiH l«ht ontru^«< and otlfncc RKuiuNt riHponHihItt gt>veriiui>'Ut in Ku^land and nifitinrit the Itri- tit<li C'unntitiition. Sino- ri'ccHri 1 hHv<- opunt'd thu HiTond Vidunio of tlm M«nioir»i <if Lord Mclhourof, written l)y Mr. MtCullaKb 'lornns, an old {'arlianxntaiian, »nd a niHii of hiuh staudiiiK' m I'urliami-nt, than wIkiiu no oiut was ni<*r« conipi^tent to deal with thotulij.'ct. 'I'hu wiitor, who trtratt* thi! M 'inoir HH a narritivo, took tliH ground that ifii iliai..:^ of U(>v«;rtinit'iii wtT<! to ln^ liade, it Hhoiild iiu curiicd out in a cuutititu- tional manner : — "• I. ird MullMJiirne f.lt It to Im his duly to rtniind his Sowuiuii Hial tlio Miiilsii-y li <l ii l^krt;*; iiiajoi Ity in l'Hi'li!iiiii-iii >in ii (juestioii ol' Imp'ii'hii < I'. TIk' Ki y: I'fpi led 11)111 I lit-y *^»'i'e lA H niliiii. jty III till* I'ci-rs, und he linrl r aMnii to iiulifve 111' y Would speed lly he In llio k 'in » OOnilition III till! ('oiniiKiiis, uiid la- tiddc I ptri'iuptoi'ily Uicy h.id li.tti-r, trxTflore, r»KJ),'n witliiiut loss of si'lf respect. W'llll.iin ttlei''ouitj waH (|iille i Ik it, aeoodiutc lo > lie filill(dples Ol the eonstiiutioil. II' liOid Me!- 6u'nH Ihouulr Ins Adiii iiislral Ion li id not tbe ('onndHnci> of Ihe peoDle, ihov had lli>' r t;hl to H^ eiil to Ihe count y If they desired lo ■>(> «0, and it was when lie had declined to do so, aOd no. heTore, thiit tlie KiliK slmuld hitve dlBliiissed hini, and hiouirlit In another Ad- mlulsira'lon, to try 111 »-\peilin-nl whether the people siippjrted the nevv oi- the old Ad- mlui.it ration." The writer further said : — "It appoare I as thoUL^h his niaiesty " (obane<' miijesty lo Mis Honor "had l>.;en mloled into the iincontititiitional oonise ol' takiiiK couuM'l ironi others wlllioiit the kQOwledge ol' his legitimate ii Ivlsers, and he ■wa-1 ah ml lo follow some kccret or Irrespon- •Ible couiisol In nnpoKition to their advice. IjOrd Altli ..-pe, whowaM of such linporlance la the kind's npluion as to w-irr;iut his re- nRtval fioiii the leadership of the Mou^e of Oniimons to the House ol Lords, mh Karl Hpen c#,on the duaihol'hls lather, niii;ht he snp- DQtcd to feel lliitlered by the deciarailon of liti HoverelKii : th>it his with>irawal fioin tbo Hou.se of Coniinons whn KUtlicieiil to b oak ftnaiiniliilslratioii He had niuue up his nmul nitVer inoie to enter ixdilles. and he never did 9(f,' Hut wliat did Lord Althorpe tay ? He lalued for huine Weeks at Allhu pe, In ke- cluiloii. Mild III. .illy made up hlx mind to iitkH nil iiiriher pal I In puhlio iiilitliH. Ilul In tbo cal/ii I f Ills M'llreiiient hu wa» |M'CiillMr- ly i|Ualilled to wel'h iIih inoiUuH whim hiid led In the dismissal of Ins IhIc col HMuiies, nnd the lonseiiuftiicoM Ml Ihiii tliMiiiissal, and his JuilKinint was nil- waveilni; nnd slern Hu siiuKcsle^ lo Mr. Iluiiie, Willi whom he had never anye>nl1< deuce, itlid very liileriiiltli nl puhlio uvmmk iiienl. Iliat an curly opporlunliy hIiouIiI Im taken 111 aseerlain whai the opinion of thn hew lloiikc iiM 'iiniiiions WHS III Ol Hie iiiimIh in which l.ord .Melli >liriie hud heeii dlsinl^Hed. In his view Ihe eoiidiici of William thH h'ouilh wits mil only reiireheiisllilc hul far lixt daiiuenius UK an exanple lo t'e suHered lu piuM unrepreiiei.dLd hy I'arli.tinciil." 'I'liat would he found in a letter d ded Janu> ary :Unl, iH.I.'i, t<oin Liad Althoipe. It U said that in thit* hkh the people do not know the history of their tiimi. In lookinK at tbu imperfect hlstoricH wtitten of rec, nt dayH, vou liml little alluniou to the philosophie and L'onHtitutional rcasoiiH aDcctiii); the course of the adininirtiraliou uf tlie nation. I will i)Uoii) from a well known llistoiy of Kii^land, written hy (Jharles Knight, who, as everyone knows, isa|4reat liierary man and ^rcat poli- tician, and a ^reat Libeial. The HcUtenceit are f<;w, hut tho worda are ]>re||$naut with uieaninkf. The author wrote ; — "The seiisiitioii produced In London hy llie reporleil disinissai of the .Minlsiry was a iiainral couseijueiice of the suddelines.mif thu act as it presented its -if l<i the •odyoflhw people, in lis rially unconstltutl<nial (diarae- ter, as it iippeared to Iho ,<jii lul and well-in- formed men. 'I'he •overei«ii has ii ronsl.itu- lionai rli;lil t'> dIsmisN ,\t 'iiisle s, hut It must he on i; rounds more capahle ol Ju-I itieallon to I'Mi'liameiit than tlu- simple e.\er(;ise of his jiers Hill will. Ihe sudeiinu.is of the resolve rendered an arrangement neeei-sar.v whieli could not he justilled hy any precedent, e.\ • cent on one iieca-.|oii ot I'ril leal » iiierK.-ucy In t le last da\ s of (.iuecii Anne. I liiil was when it hecaiiie 11 ijuesiloii whether a pri-tmidcr (a Stuart) should he raised to the throne or that tlie II iiioveriaii sucetssion should he maln- lainud." Lo me qnoto from a periodical then of •■onsiderahle more wei^'ht than it has now, viz., the K>ii,iiiryh litii w, on tliia HUhject, and I think the liouHe will a^rt^e with me (hat the sentenccH are prckiuant and tbe lau- guaf{e fortihl<\ The Edinburgh Knvuiv lutid : " Tne powerof the Crown to choose its Min- isters is eleiirl.v a necessary atiriluile of Ihe monarchy. l«Ui is it now exercl-ed under ade- i)Uate checks? Some liilri;;uinu courtier, .soiiiiM-lanioroiis friend who h.ts access to the royal ear, some politiidan whohaa a purpose lo" seive, and cares li lie if a new Ministr.v lasts no loiiL;er llian his own Ki°atiticalion re- i|uires, may ahus'j the loyal conlldencc, and lillndly hriiiK on an e.xperlinent all hiitdes- p-ral lorliolh kiiiK ainl countr.v. ofcliaiiK- in>{ till' .Minlsiry. k.v the sirlel lelter of ihe law. Ihe Minister who iicce|>iN oilice is res- ponslhle lor the chaniri.- which re'novcd his jiredecessoi's. liui suppose one Ml islry dis- placed, and that no one atiiees to take hi.s place; suppose this suspension ot viinislerlal funel ions colli iiiue for weeks, mIio is answer - utile lor that '.' Inded, if IIm Km.; has once dismissed I'ls ■> liil.-lers or he Is Icll wi hout a • .overiinieni, h iiciiy an.\ praclie;il r. sponsi- liilii.v could ever hj Incurred hy the men wlio oid.V tutered into places madj vacant long before they were cousulled." The liu^UHgu U8 d in tbin article is 8) strong tbat 1 do uoi care lu read it all, teat ilHbuuld 10 be BuppdHirt »hat 1 did U for party pnrpou^H, ur Willi the iiiteutinu of applyiDKitexpn-SHly to the circumHtttiJceg in (Jiitbec : — " If anyone tliliikM that the vlow here taki'n of the late crhaniro of Minislry Ih tooslroii);. let them retlfct on llie wholly unpreeeilentetl clrouniHtaiiceH whli-h disllnKulNhi:)! thHt NlraiiKe event. Between }lis Mj.jcstyanil hlN eonflilentlHl ser''antH theie existed nochlFer- «'nce of oplnioii upon any nubjuct <.f policy, foreUn or iloineMtle. This Ih now ex))ll('IHy adinltt<'U by the Tories theniHelveH. Among the MlnlKieiH reigned the muni perfect har- mony on all (lueKtloDN, anil personally the members of no C'al>l>iet ever were on more eordlul ti^rmsone with another. This, too, Is admitted, and the K i ng's speeeh describes thel • whoie policy as perfectly nnetceptional and uniform :y hueceshful. Lord iMiorjHi heciiine 11 l»eer, t'arilament was not sitting, and there- fore, and for no other reason whatever, as is now allowed by nil, the Kl-ig chiinged his Oovernmmt, called to his councils the monI opposite class of statesmen he could find, ';ave lilts confidence to tne men whom tho cou. 'ry most distrusted and disliked, and wouid not even Walt a few d^ys before he cleared out his House. That he had been wishing to chaiiiie the Ministry for some time Is very possible, but when his ro.vui father, said to be one of the ablest proiessional men of his day, want ed to make such chang.s, he always waited his opportunliy and seized ou some measure or ou some pretext, in some momeut when there was a cry ai{ninst i.ls servants, to de- liver them over into the people's hands, and appoint more popniar successors, men whom he liked, not certain y because of their popu- larity, but In spltoof It. It was this that, when Mr. Fox died. His .Majesty waited till a 'Xol'tipery' cry could be raised, and only turned out, the Wliig.'i six months after they had lost their iniKlity chief. The secret ad viisers of the present King have done much ••eiiainly to dispirit, and t'» alienate by ilieir late proceedings, but nothing to show that tdey are giittil with his royal parent's king- »-raft. They seem to think that a kii g should tuinoll'his .Mini-tters much as a geulleinan iloes ills livery servants." That IS the opinion of the Edinhiirtfk Review. I have said that no dismissal has taken place since that time. George the Tliini dismissed his Ministers in two instances; William the Fourth in oik^ instauee ; Ucoige the Fourth, with all his f.iults, never thougiit of such a thing. He fainted on one occasion ; he wept, he deplored his had fate in In iiig oliliged to submit to liis Administration on tlie Catliolic (picstion, but he yit;lded ; and Queen Victoiia lias in ih cise committed sulIi an ouinige on the constitution as to dismiss a Ministiy wliirii had the conlideiice of the representatives of the people. 'I'lie nearest approach to tliat in tin! (jueen's history is called the Hedchainlel I'li.t. In 18:^8, not two years alter slie ascerichd the throne, on the lesiguation of the Whig Adininistratrou, Sir Robert i'eel was sent foi, and he insisted thiit the Ladies id the Bedchainber, who were the wives of tlie defeated Ministers, should also retire. He did not interfere with the Maids of Honor and ottiers, but lie said it was unseemly ti at tin' great ladies of the (Joiirt should l>e the wives of the members of th tiefeated Administration; that the wife of the defeated Prime Minister, for iustancM*, should be at the ear of the Queen, coTiveying her busbanit's sentiments and the opinions of the Opposition. 'I'he tjueeu, then a young wo- I msn, naturally flung to the friends of her yoiitii, and she declined to have them re- moved. Sir Robert Peel declined to form an Administration unless they were removed. There was at the time great sympHthy with the Queen ; I remember it quite well. I re- member how it rang through the preBs in England about the attempt to forco upon Her Majesty, this you.ig lady, strange women^ instead of those slie respected and esteemed and had been brought up with. Bnt in 1R42, when the Qmeu had become a little more acqiiintcd with kingcraft, and knew her position, and when 8ir Robert Peel was called in again, she admitted that she was wrong, and allowed the Ladies of tlie Bed- chamber to be removed, and in the Life of the Prince Consort, in the previous book, you will find some leaves written by the Queen,, where she gracefully and frankly acknow- ledges Iha* she made a mistake. This is the only instance that has a remote resemblance tothiscise. It was the cause of the refusal to take cilice of Si.- Robert Peel, because the Queen insisted on her personal predelictions in opposition to the principle that even the entouiiige of the Sovereign should be selected under the advice of the responsible Ministers of the day. The only case that t.t all appears to give a justifKiation for the course taken in Queliec is that which happened the other day in South Africa: the action of Sir Bartle Frere, wiio dismissed a Ministry and sent for a new one. This is defended — faintly de- fended, perhaps, and if it proves to be on true ground, it will be upheld. The result will show whether he wilp be upheld or not. But his ju'titication is sdlux po/Dili Kii/ircma lex. It was a case where all coustitutional i>ractices must be set aside in the presence of a great danger. There were a few white men in the South African Colonies ; there were '200,000 Zulus threaten- ing them on one Hank, and the great body of the aborigines threatening the whole fron- tier, and Sir B-irtle Frere said : " I must take this course, or I may have upon my consiicuce the blood of ev'ry white man in South Africa " VVe know how fractious the Molteno tiovernnieuT has always shown itself That iioveriimeiit declined to give the con- trol fif tlie militia forie in South Africa to the commander-in-t bief. England had her mililMry for:.'cs there, and was responsible fjr the safety of these great and growing colo- nies. England saio : — " If we are lo tight your biitties. we must have the control ot your martial force. We cannot have a di- vided command ; we cannot have our Sir (» (irady Haly < ontrolh^d by (.'olonel I'owell, your Ai'jiitant-denerHl, we cannot have two separate and^ndependent forces acting under ditferent commanders, and without a com- mon responeibilify." This was defended, \ think, in tlie i>'n'iirl<ii/ h'tri-ir^ and certainly in the Pn/l Mull (juzett", upon the samt ground on wliich the llnbi'n.t Corpu: Act and the Charter of British Li'jert> might be suspended in the presence- I 11 of Ihniitemd n-lu^llioa or ttrtain war On that (fniiiiKl, and on thnt pntiini) only, in It 'defended, and on thcHe only is it deten- ■ible. There can be no application of that 0»8e to the prewent, when) there is no war or expectation of war ; where there is no tear of external attack or internal commotion. Peace, thank 0<xi, dwellH in our hor- dcrH, and wo can carry out the Bri- tl.vh syctcm in its entin ty without ainy Huch infriD);ement an we have ieen on this oceaHion. Look at the different Course of Sir George Bowen, wh'^re the cir- enmstances were more than suspicious, when •he apparent action of the Government, so far M we can understand it, was such as to pro- pose to disarrange the whole machinery of «he Government. The Judges, the ofH iais were all paid off. and the threat was ■lade that unless the Upper House yielded to the Lower, and pussed • bill to j);iy the latter their wages as mera- b«^rs, the lunatic asylums, prisons and peni- tentiaries should be opened, and all the idiocy •nd madness and crime should he poured out Upon the colony, and yet the British Govcrn- ittent sustained Sir George Bowen in saying •»I must sufitiiin my Administration, who have the confidt nee of the ppoplu. ITuless Imperial interests are threatened, it !• not for me to judge. I musi take my advice from my Administration.' And th" Liberil press in England sustains him in that. No more able article has been written than that in the London Daily New.i ^ this subject, showing that if the colonies were to be really a Jnc-Hiniln of th(! British oonstituiion, it must be carried out to its Utmost extremity short of war or bloodshed, and the natural conse(]uent;e bad proved to be that a compromise, from the necessity of the case, had arisen between the two Houses, simply because Sir Qtorge Bowen, tliougb the cdiv-e of his Ministers w,is opposed by every n>'w.spaper in England, supported them l)ec!»Mse they hiid a majority in Ir'ailiament. 1 suid a little while ago that we must jiulge of the Britihh consti- tulion as it is now, at? it bus hfendevel >ped, and not ns it was 50 years ago, 75 years or 30 years iigo. Sir John Macdonai.o — I shall cull the at. tentiou (It the liouse to what I believe to hi- the true prititiples of th^^ liritish c'ms'itu- tlon on the point which lam j)iessiiig upon consideration of the House at this moment in 1878. I sbull tirst <iuote an author who has been quoted a<jain and iig'iin ; Mr. B liie. hot, whose bimeuted decease struck England With sorrow ; especially all political consti- tutionalists, for he was considere.l the au- tiiority of the day on constitutional law. if I am perniitte.i in this argument to relate ■'little anecdote,! would do so with reference to this gentlemsin. This liook from wbii h I Siote was, in the first place, published in the brtnighlly Reri'w. I had read some of the iinrabers before I went to England in 1865, ■bd I was dining with the Political Eionomy Club of Jiondon, of which the hon. the pre- mi>-r is a membir,when in the course of a con- versation on politico-economical matters with a gentleman who sat near me I said "I hav«» been ' very much struck with lome articles in the Fortnighili/ Kevitu- on the English constitution. It seems to me that they give the only true picture of the British constitution as it now exists. They are writ- ten by one Mr, B:gthot." He said, "1 am very glad you like them, because I am Bagehut." From that time an acquaintance grew up between us, which only ceased with his lamented death. Let mo now read from him : — " Tlio principle shows that the power of dis- missing a Uovernnietit with whieli I'arlia- nieut Is satlstied, and of dissolving; that f ar- Manient upon au appeal to Ilie people, i,s not »■ power wlileh a common hereditary monarch; will, In the lonsjt run, be able lieneflcially to exereihfi. Aecroidlntjly tliis power Iihs h1- nioHt, ir not <|Uit(!, diopped out of the reality ot our constitution. >oiliini;, perhaps, wouM more surprise tlie Knjjlish (.eopU' tliHii if tlm (iuoen, by ncouji d'eiai, and on e. sudden, de- strr).ved a Miuistry llrni in tlieir ull'-gianee- I iind .secure of a inajoiity in P»rliameiit. Tliat I i)c)wer indisputalil.v In Iheor.v belonss to her, I but it has passed so far !»w^y from tiie mluds I of men tliaf it would teriify liiem 1! she useU lit, like a voleanic eiuplion from Prlmro-e Hill. The last analo<;y to it is not one to be I eov(ded as a precedent In is:t5 V\'iiliam I\'. I disiTiissed an administration which thouKl.^ ; disorj{aiii/,ed liy tiie loss of lis leafier in the j (.'oininons, was an existiiia; (Joverninent, had a I'reniier in the li irds ready to go on, and u I lender In the Commons willins; to beijin. The I Kinij fanelfd tliat pulilie opinion was leaving I tiie Wliitjs and xoiinj overtotlie Tori-s, and lie thought «■ should ace<'lerate the transition by cjeetinfi the foriner. Hut tbe event snowect I that he niisjuiljied. His perception indeed i Wis ri^'ht ; llie ^!,ns;lisll people were wavering I in their allealanoe to the Wliis^s, wlio hud no ! leader lliat toM<!hed the popular Iwa t, none iu I wlioiM liberalism couul personify itself and I become a passiun, who, besid'^-i, weri' a body I' (UK used I't iipposltion, and Ihe el oi-e making binndii-s in olliei-, wiio weii' l)orne to power by popular iin|inlse, wliieh the.v only liulf eoniprelieiuled, and pHi'liat)S 'ess I hail half slian-d. Hut the Kinjf's , pohey was wrontr: lie impeded i he reaction instead of aldi ,>r it ; he fori ed on a premature Tory (Jovti luneiii. whii'h w^is as niisueeessiliil I as all wi^e pi'oplc pereei veil that It must be i Tlie popular distaste to IIh' Whi'zs was hs yet ! but incipient. ineif1<'lent, .iiid the intfivtuliou I of I be (."rown w I-. advantage lis toiheni, be- cause it look d iijeoii>isieiii willi tlu- liberties I of I he pt'opif. iuiil in so fa I- as Willi>im IV. was riiilil in delectin«; an Ine pient el)aii(?e ol I opinion, lie did bii! detect au erioneous I cliaiiize. Wliit was dcsii able was t he prolon- 'tratioiiof libciiil iiile J'lie eomiiieiielnif dis- ! salistaci ioii did but relate to the perscuial de- I merits ol the >v hisr lea 'er^ and other teiin-o- ; r.-iry adiuiicts of free iniiuiples, and a- t to ' those pniici|>les iiiti iiisieail> , so that the last precid'-nt lor a lovni oiisitinilr on a .Ministr.v eiidi d lliiis : in ojipusiii^ tlie li^lit in iiiclples, 111 rtidi sr tlie wroii:i pi iiiciplcs, in bnrii ^ the pa l.v it was meant to lieij". ifter such a wariiiiii;, it IS lllii-ly i lial our nionarelis will puisui- tne noli y whU-h a long cours" of quiet preeedentat pn's. nt ilirecis. Thi'y will leave a M iiii try t riisied l)y Pailiament to tlie judg- ment of rarllamciu. " And so ho winds up the whole of his dis- cussion on this subject by this pregnant phrase :— "The liueen ciiu hardl.v now refuse a de- feated Minister the chance ot a uiisolutlou.. 12 any niorfl tlian slie can dls^olvo in the lime of an uncli'fo'ilod one, and wutioiit his »roiintnl." Thirt quotatiou run been already nsicl in a •ipeech tnndu by Mr. C'haplcaii, wlio hid niudo R lou« quotation from BaK-liot, wbich I did not ro(;<igmz<^ and wliidi i diil m-t tiud. I thoiiglit tlittt I knew tliJK work liy hi art. It has lieen luy f^iiide ucs rcKards tii.; prineipluH of the Biitihli ConHtitution. 1 H«archid thi' diilcrent wlitiou^, but J could not liud it. 1 ti;K'f?raphed to Mr. Ch ipleau to liuU out where he got tiiat (|not'itii>u, and In- g>ive jae the r< tVrence. Jt i.s a r.iilur Hinguliir Ihiug that it has never yet, until it was traus- lat(d by ilr. Chapb-au, or for Mr. Chap- lean in his 8pte( li, appeared in Eng- Jish. Biigehoi'H book at once took pub- lic aiitntion, and a French edi- tion waH piiblihhed ot it. It was published in 1872, 1 thiiik, iuiiut(iiately afo r a t)ook i»n the Biitish Constitution waa written by ^he late M. Prevost I'ar.idai, and m the French introduction to his liook, which oth* r- wiHe is a translati<in of this, ho discusses .'iome of the points taken by M. Paradal in liis book on the liritish L'onstitutiou. I have the orig nal edition here in French, but as 1 ^hall trouble you with my iujpertect French, I will re<id you Mr. Chapleau's translation of it, which 1 have veritiid as being a coriect translation. I have alr-adv lead you the first passiig'! he (juotes, and I shall read ir, oii account of its inij)ortance, again ; " Tlie Queen c-tn hardly now relu ea dcl'ejit- ed Mliil.sier llie elianee ol dUsohilion, mij- more than she can Ui.s>c)lvc in the Uiiic ol'aii iiiidel'eated one, and wuliont his eonsenl." (Tills is the (|nolation wineli only appeareil in Freneh, l)ut 1 shall read y>f\ the" translation.) " And no nionareli should <1 .s>olvi- I'ai liainenl against the will and ilnMiiieresi, of the viinis- fry which is in power Is'o doiiut the Kiim can dismiss siicii a .Ministry and repine • il hy another .Adniinistraiiun. wi ose advice todi.s ««oivo I'ariijinieiit he siiould take, bnl even with tliis prccaiieilon, to net ilius lo.vai tl.s a Ministry wlilch had a stri'ng niajorily in Par- liament, woiildln' lo strike a blow wiiieh il is ■ilmost Impossible to Svippose. We do not be- lieve til. it liueen Victoria hersell, In spiti' of trie popularity and respecl by which she is surroumled to, a greater extent perhaps ihan any of her i>redeeessors, would ever have re- eourse to such a nieHsure. What would he ihought If sliesliould venture torea.son thus?'' (Apply the ri!ason to liuebee, and you will at oncH see the pres^nancy of tlil.s passage )— ' 'I he Whigs are ill a ni;i,j(.rity in thee.xNling Par- liament, hut I think tlie country wouiu favor a Tory Adminlsirailon ; let ustherefoie dis- solve Parilamenl, and see whether theeouniry will not elect a I'arliament of opposite 'i>pinions to those which prevail in the i're.seni, Parliament.' What wuuld be thought of I Ills ? No Kngllsliinaii can dream even of a catastropiie of this nature, hut to tlieni It appears to heloig lo the phenomena of a world altonetlier dillereut from that which lie inhahiis. In practice in Kngland the Kiver. ign considers himself obliged to follow the advice of the Ministr.v which the House of rommor.K d<'sires to iiiainialn in power. All prerogatives at variance with tills principle have faben Into disuse, but, the Sovereign may accord to tie .Ministry the opportuiiiiy of seeuriiij;, ''.v an appi'al lOtiie jieople, a ni>i,t'>rity which is denied it In the tloii-.e of romuioiis, l)ut to strike from tie- Jiind. HO losptak, and stran^l'- b> means, of an appeal to the coiinlry h Ministry Mist.-ined hy J'arliamtut, v^ouid he an even, which no longer enters Into the caleu'atlou. althougli in former times instances of tUls occurred lu our annals " No stronger passage could be written, and it ( (iiild be written hy no stronger authority than by Mr. Bagehot. I read you, sir, a long passage as to the dillcrcncx' between the legal prerogative an<l the constitutional exercise of it, from Freeman, in his " Growth of the Knglish Consiitution," whii'h hasjustcome out, as you know, and I shall only r< ad you one short sintence, whir h shows that he agrees in every respect with the laugu.ige oi Mr. Bag, hot; — "Ilie wrliten law leaves to the Crown Ui" ehoU-eof all v Inisters and agents, great and small. Kver.v appoinlmeul to ollicre and dis- missal fiiini oiliee, HS long as Ihey have eom- niitled no I'rinie which the 1 -w can puiil.sU. is a matter left to the p ;rsonal discretion of tlii' Soverelijn, bill tlKMinwrilten law, or the un- written Constliuilon, m.ikes it practically lmi>os>ll)le lor the Soverejiii lo keep a vilnls- li-r in olllee when llie House of Comoions does not approve, and it makes 11 I'lmosl etiually imixosihie to remove from olliee a Minister when the Hou.se of Commons does approve." But, sir, we cannot do better ihan iiuote what has been quoted again and awain, an J I fi el that my remarks on this occasion would be imperfect unlt's.s I quoted an authority which we havo to-day adiuitttd to be an autlioiity, the au- thority of our respeetfil Governor General. Wh.itsdd the E.irl of Dulbrin, our Governor- General, at the time (in 1873) when he was at Halifax 7 — '• My only giiiilini; star in the conduct and niainic'iiaiice of my oflii'ial iilatious will; youi- 1)11 1) lie mi- 11 is llie I'a, liainenl of ranada. I belh'vc iij I'arliameiit, no matter which way it voles, and lo those men alone whom the de- liberate will OI the ( onfederate I'arltamenl of Canada may as.Niai) to ir.e as my respon^llile advisers call I give my confidence. Whether til y are heads of I lii.> party or of that party must lie a nialter of indiU'ereiice lo the Gover- nor-tieneral; »-o long a.s they are nialiit>iined is he liouiul toglvellieiii his unreserved confi- dence, to defer to thel.' advl e and lo loyally assist them with his eounsils .\s a reason- alile heiiiy; he cannot help having an opinion on file merits of dilferent policies, hut the.se eonsideiations are abstract and speculative, and devoid of practical ellect in his ollieial re- lations. As ttie head of a coiistitutlou-il State, as eiiKaned in the adiiiinlstratioo of parlia- mentary governmeiii, he (the tiovernor Gen- eral) has no political trieuds; still less can he have political enemies. The po.-session or the beliisi suspe(Med of such pos.sesslon would de- stroy his usofulufcss." But, sir, we have more than that in our own history : we have got the practical instruc tions given hy Her Majesty to Lord Elgin, at the time when Lord Elgin had before him tne dilHi ult question of the position of his Government in 1817. When hecanieoutto this country, what did he tiud ? He foiiud the two Canadas almost at a deadlock ; he found the Government of that day, of which I was a member — my first tintry into politics — supported by a majirity from Upper Cana- da, when all Lower Cauada was handed against it; he found that that Government was formed on what 1 must say was the unwholesome principle of one race against the other. He w is very anxious, for he was 13 Jot mixed up with qivsHonH o<.niu'ct' d with ILe foriiution of tlu! Guverumerit, and nil the ^iieHtionable prortuidinjrn of Lord Sydenham Ifiih it in carrying the ehictionw of 1841 — i Hon. Mr. Holtom — Thire wan Lord Met- Oalfe later. ' Sir JOHN — I am coming to Lord Metcalfe. |jord Elgin wa8 not mixed up in any way irith the pemnnnrl of the Government whi( h lord Mt tcalfe tried to keep up in Canada. Be •«me out here for the purpoce of carrvi»K ♦ut the principleH which they adopted in ISep- iember, 1841, but which had never, in fact, been worked thoroughly, either hy Lord Sydenham or by Lord Metcalfe, and he con- iulted Lis chief in the Colonial Department •H to his pohition at that time. You will titid i»hat the preHunt Lord Grey, an able Colonial Minister, did then, and sometime before, and lonR afterwards. Theae were the isHtrnctionR •hich Lord Grey then gave to Lord Klgin, •nd which Lord Elgin carried out : — " The object with which I recommerd to you |l>iK course is t ha of niiiklng it api)>ireiii thnl \x\y transfer wlileli iiiiiy lalte piaceof poli- Icul power from tlie liaiuls of one party in _tje Provinces to tliose of Hiiotlier, In tiie re.xalt >otofnnyuct of yours, bin liy ttie wl.siies oi tt>e peop e tlieniHelves, as isnown l)y ilie dltll- Culiy experienced by ilie retiring pany to 4Hrry on the novernment of tlie provinces tecoVdiug t> the form of the Constlluliou. To tliis I attaeli ureal Iniporlance. 1 litive $ieref"re to instruct, you to al)stiilit from <lhan!?i"!? your Kxi'cntivc Council until It ahail I'eeonie lerlccily (^iciir Unit. liiey arc un- Ab e, Willi such lair Hii|)|)Ofi, fruiii yonrs<lf — (jniiid .V'U, that even llicti, altUininU Lord JClKUi was o!' i>piiu<»n tliul for liic<;ood ol Canada a new ,\dinliilstrallon slioii.d be lorm- •d, in wliicli llic l''r ncli ■ Ifuieiii ami llie Kiifr- nsli elenit-nt sliouid (-(iumI y, or ntarly imiiki' y predoinlim e, yet evt-n Iticii the iii-.iriiciions to Lord rlKin weiei ■' 1 have, Iln-ri'fore, lu Insinict. you lo abstain from cban-iliii; your Kxe(!iltivc IJoiiinil lliilil It sliuli become per- #Bcliy (riear llial tbey are unable, witu sncii Ifcir support Irom yoiir.se f asliicy have a riKlil. to expect, U)<-arry on the goveinmeiit. of ilie Srovinces satisfactorily, and to command tlie antiilence of Ilie l.e^lsialiire." These authorities arc, i think, sufH -ieni to prove the rase that in Hngland the power of diHmiasal of a Govi^rniucnt having tlie conti- (Jencu of Piirliam' tit is gone forever, and that if it is gone there, it ought never to be Introduced iu a colony under the Hritish Crown. But, sir, it you will look at the WinseB— if causes they can he called — why the AdmiuiKtration wns changed at Quehto, you will find that all the objec:tions are taken by the Chief of tlie Executive to the legisla- tion of his Ministers, and not to the adminis- trative acts of his Ministers, w^t to any tiling that they had (tone. It is true that he quotes to net of ad'iiinistrattou respecting the ap- j^intment of a coum illor in MoutuMgny. That does ni t appear, however, in the case Ihid before Parliiimeut, and we h>ive no right, fa one sense, to look at it or quote it at all, be- 4»UHU the case of, the Goverumeiit and his •dvisers must he governed by the paper laid before the Legislature of Quebec before its trorogation ; but for the purpose of illustra- iou I will take the only act he complains of ftt admiuiHtrutloii, and this was that this counc'llor was appointed by the Crown in- stead of being cIccikI by tlie p"()ple. The circumstances were that there was a real or supposed irregularity in the appointment. The Attorney. General report<'d that the ap- pointment was null and void, that the Crown by law had the power to fill up the vacancy. Filled it was, on the report of the Attoruey-General, and the Lieutenant-Oover- nor sanctioned it, but afterwards he thought that he was wrong, and he pressed that opin- ion. The AltotQcy-General still held to his opinion, but the First Minister yielded to the pressure brought upou them by tho Lieut>jnant-Governor, and they took hia opinion npon it, and the appointment was cancelled, and yet it was actually made » charge, apparently made u charge against the Administration, that they to»k a step on ad- vice of the Attorney-General., but afterwarils, on the head of the Executive remonstrating with them, in defereice to his opinion they took his advice. With that single exception, it 0( curs to me, from my recollection of the paper, that all the objections made to the course and action of the UeBoucherville Gov- ernment were that there was a diflerence of opinion as to the legislation which was car- ried in the Quebec Legislature. Now, sir, there is a distinct difference been acts of ad- ministration and acts of legislation, and that I think, will be obvious from the nature of the case, 'i'lie Soven igu is tlie chief ot the Kxerutive ; the t)rowri, with its advisers, is appointed to <arry on the adtuiiiistrHtion of allairs, public or txeciuive, and to adminis- ter matters 'J'be Crown, it is true, iioruinal- ly is a bi-at'ch of the legislative power, but it has really ceased to be a branch of the ligit* liitive power. There is a mighty distinction, then, between the legislation and the ndmiu- istration of Ministers, ami y< ii can well see the reason of the dilli-rence. With the single exception of matters involving a (barge upon the people, any member of this House, whether he is a luembr of thy Min- istry or not, can introduce a measure, any memberi<f the Qu-tiCi; L-isfislattirr coubt have introdtued an Ait stating that i*^ thes.r municipalitii's did not pi-y 'ip, there would be no necessity of going to the Courts, and the (Jovernor-in-Council fihoiild take sum- mary proceedintr-i to enfori-e their obligations ; any memt)er could have done it, and if the Hotis^ (hose to carry it, thi^u the Ministry would be oliliged to yield, and not only that, Mr. 8pt;uker, but if that legislation, no matter how im[)ort'iut it may be, is brought before Parliament, it is a contempt of the privileges of this House for any man even to quote or to suggest what the opinion of tlie Crown is respecting any poliical question. But it so happens that all the changes that have taken place in Eiii;land, except two, have liMcn on (juestions of adminititrution, or questionn of witit of cotilideni e in the capaeity of the Government to administtr aflaira. Only two instances are known since the time of G;orge IH. until up to this moment, when there was 14 a (liKtnisKal or rf'nii.'iiHti< i» of the MiriUtry in oonsK^iuencf of tbe diir-ifULc l)i twt^«'n tlic Crowu and thi' tiivixers of tbe Orown on mat- ttTH of Ii'g'iriltitiuii, liiid tljt.-SM wt-re on a Hiniilur qnt'htioii, tliat is, on tlsc (jiiiHtiiju of ('HtUolic diHaliility. The (Ii<-ujin8ul of Lorl IMi Iboiirnt! wan foun«Jt'<l on the oiiiiiiou of the King tlmt he cuuM not HHti8fHL'torily HilminiHti^r atfairn, but, no ditt'. -n ncc of opinion, tbul Ih, tio (jut'Htion an to leuitilution, ari ho utall. The only two instanct-K, a« 1 eaid bcfor*', in which MinititiMs were diHuii(*Htd on uccouut ofiidjfl itnte of ojinion bctwten thi- King and bih iidviHeiH, ou luattiTs of l< git-i^itiou, wt-re in — no, tin re wire tliree caseH. In tli^- liist f'iipe there whk the Mora bill ; it was ob- jected to by the Kin^ becanne it deprived him, Hn the chiel of the Executive, of bi« j)rttionago aH chief of tho Exeuuiive Wliea he objected to tho (Catholic ••mancipation bill in laoi. Tht^n Mr. Pitt liad proutihed, and be forced Pift to reuign tecause Pitt would adhere to the promise "whicli be hud made to the Iriwh people at tke time of union in IsoO. The next dis- inifsal on account of hpislatiou was when Lorcl Grenvlllo was di>njiF^Ked, in the manner which 1 have aln-ady Uientioiied, bfcausi/ he would not hit;n the ple<lge never afterwards to brinj; up a qucHtion of allowing Catholii' geulhineri to hold big)) comni.tudri in tlir British Aiiuy Tlicie were only three in- t<tauces, and they wef inntanocs only to be mentioned, to bo conHklered, to be cited, to be poHitid at as outrages on the Biitisli Constiiuiion. There was this dilb-renie, as it had been tonveyeil to poor old <teorge III by the Chancellor, the head of the English Church, tiie Archbishop uf Canterbury : that ho would be committirg a liriuch of bis Coroaation Outh if he allowed such b gisla- tiou. Lord Melbourne, then Mr. Duudas, de- clared that such an alb-gation was absurd. When ho swore, as Kin^', that, he would pre- tierve the rights of the Protestant Cbiiixh us by law established, it meant that be would defend those rights as liy law established, but if the law changed, then he mu«t defend th^m as altered. The answer of the King, which was well known, was that he did not want Hny Scotch metaphysics ; that be had taken the oath, and was bound by his conscientious acruples. We may regret that he had that conscientious scruple, because it has been tbe cause of niut h misery and misfortune to tbe United Kingdom of Great Britain and Ire- land; it has been one of the principal causes why England and Irelend are not now one in heart and feebug, as Scotland and England have been ever since 1700. iStill, we must have respect for the conscience of tbe King. But 1 point out to tbi; House that, with the exception of the cases I have qu >tcd, cases not to lie repeated, liut lases to be held up as warnings, that Biitisii Legislatures and p<:o- jjle should never fall into committing the tiame inistakt! again. All tbe causes of (iisniit.sal and of fori ed rt signatiou were on matters ut admiuiotratiuu. Some geutluman has handul me (bin pupir: — " What of ^ Hdmund Mend's refus'«l of a dissolution| the lirown-Dorion (ioveinment?'' I am ti, bound to deft nd Sir Edmund Head, but Hj answer is this: — Sir I'.'iinuud Head, at t^ time he sent for Mr Biown, told Mr. Krei| be was going to charge bim with the foin. tion C'f a Government, but Mr. Brown nii understand that he must not suppose that, be did form a Government he would ha the right of dissolution as a matter , coursi: ; that after tbe (jovernment «, formed be would have reasons given for, and then he wi,uld jui!g>' tor himself. T Sovereign of tho day < an send for any pers, 1)0 like- and can charge that person with I formation of a Government, stating ou wt conditions lie could form it. lion. Mr. Mills — That is not consistti witn Uagebot. Sir JoH.v — I say it is. The Sovereign cj attach certain conditions to the power givj to a member to form a new Ministi^. T: only power the Crown can extfrcisi- personaj is that of attU' bing conditions to the po» to form a Government. Sovereigns h« again and again in English history given \f mission to form an Administration on certa teims. If the person did not choose to aci> tlie terms, tbe Sovereign must form an A, ministration and get the confidence of 1' liHinent. Mr Edmund Head in tliis caset. Mr. Brown that be mu>t not undeistand, lie accepted ottiee, that he was to get a dir lutiou as a matter of course, and that mi would lie grant <1 only after sullieieut rea.-^i to convince him as to its necessity were ;; en. Hon. Mr. Mackb.szik — He was workiuf,' accord with Parliament. Sir John — You say he was working iin cordanco with the majority of Parliamen I was arguing that mntiers of legislaii stood on (juite a diti'erent basis from ma-ti of alministration. As a general rule t Crown did not interfere in matters of adu, istration, Imt left these to Parliament, » the only instances in which tho contrary i been tbe case are those I have quoted, wl are precedents not to be followed, but wl are held up by all constitutional writei infringements on tbe true principles of British Constitution. Not only was ' held to b«! the case when Pitt took ell but a resolution was moved, in consequf of its havintc been rtjported through tbe co try that the King was against the Portl: and Fox coalition Government, and agiii the India bill, tiy Mr. Baker, on Decern tho nth, 1783, which, alter denounr seeret advice to tbe down agii responsi'olo Ministers, an<l the us,: tho King's name, set forth that '■ i now necessary to declare that to r -port opinion as a pretended opinion of His M^ ty upon a bill or other proceeding, wi; view to influ'^nce tho vote of tbe memb is a hign crime and mi.sdemeanor, dangei to tho huuoc of tbe Crovrn, a breach uf *% 1') danii^ntal pritKipltH of Piirliamfnt, and bveiHiveot thn (^mHtilution." Tho motion 8 carried hy l.'Ji to 8il, notwithstiiudiiiK opuoHition of I'it.t, who wan iiiti- tcly hii •(VHhfal ii. tlu! Ktrufrulo, althouuli, ordiiif? <) our prosent vi"W8 of (onHtitti- nnl i)rini'iplt!8 iiud laws, hi' wan altoj!;t;tln!r ■one; in the ('ourKf he pnrnie<l on that oo- ion. Why, it iH impowsihln that tho Hame ncipif can apply to actri of administration ' M|d a<'t8 of It'gihIatJou. I tritd it thu otlier *'<l|fy in tliiH Housf. Tiie hon. Minister of "■JUHtice introduced a bill rfspec^tinif p( niten- 'tlfiieti, Hiid I roHc and asked liiiii if tlie Gov- ""Brtior-lJeniTai had aHBented to the measure. Htiid uo. lie looked at tli') I' re. er, and the Premier loi>kedat him and said ui'', " I don't think it is ueeessary." id, " Neither do 1, but the Lieutenant- vernor of the Province of Qiielieo thought as necessary that ho should be conBUltud Ht all MeasureH." on. Mr. Mackenzik — The ri^dit hon. gen- man is not now ijuotiug me quite correctly, ir John — 1 think ho Ion. Mr. Mackkszik — I thought the right IE. gentleman referred ti.i sonio tinaueial t of the scheme when 1 said it was not essary. I referred wholly to the uiiual otion for bills. ir .John — He thought of no financial use in It rii)uiiiug the previous uiiscut of oCthe Crown. iion. Mr. MACKKNZiK — Kvt ry bill the Min- irtry introduced Ims the assent of the Crown. tiirJoir.N — 1 liiive bc^eu a menilter of live ■<h)iini.'«liations ; I have sat under hve Gov- ■eiaaor-Ueutrals — Loid KIgin, Sir Edmund B^ad, Lord Mon. k, Lord Lisgar and Loni Djjllteiin, ami I never heJiid that doctrine pro- olfimed before. We know perfi;ctly well tiiat ' tl^ Governor-General, as the Qut-en can if ' aB^ chooses, can send for the Ministers and '«lf, " 1 do not like that bill, and 1 would ■ li^e to- discuss it with you ; 1 think you 3 St modity It or hold it ovt r ' The Sover- II can tlius iuti rfere if h" choose,'*, k'Ut ctiiMlly he haves all legislation to tlie cqjintry. The proof of that is fiiund in the fo^ that any member of the Opposition, in matters excepting those conuecttd with mce, which must bo pr ceded by a mes- '. fr. ,u the Crown, were just as competent ntroduce every Ministerial measure as ,. gentlemen on the Treasury benches, and atftompetent to amend any int azures. The H^U^'C saw the other d.iy a bill introdui;ed by tbl bon. Postmaster-General, to which the hep. memler for South 15 uce moved an «8|eudmeut which ( ntirely dehttoy- wtt and changed the whole aim tktm end (f the bill. The h<in. gen- t)j|jbien accepted it. lie did not pnpose tl^t it siMuhl lie ikferrcd nntil luf, .wtiit; to; Bineuu Hall to cdlisult the (igtMrtdftr't^n-" uM. So it is with all other VjovVrfmivu't* UwH. I venture to say that v/k^n tWe «xcej)- , tl^ of the general statement jvfiiul*,*. juf; flwiirstt, is made by the hou. the tMibt- Jklints-; ti>r at the beginning of the session, as to what is contained in the Speech from thu Thron(r, all di-partmeutal bills were intro- duced without the sanction in any shape of His Excellency, lion, gentlemen opposite v.ill not deny that statement. Vet tho wholii cause of obj cfion to tho course taken by the Quebec Administration was becauso the LiiMit.-Governor did not agree with tho policy of the legislation, although that policy was passed and approved liy tho represenmtivoB of tho people by a large nytjority. The Lieut -Governor allowed liis Aliui.'itry to in- troduce their bills ; ho saw day after day the discussions in the House ; every diy received the Votes and Proceedings, imd in fact laid in wait for big Ministers. He allowed them to bring down the supply bill, and almost allowed them to carry tho Appropriation Act; he allowed them to carry throogh their bill respecting railways, and that respecting the doubling up of tho subsidies, and strange to say, the same bill for doubling up tho subsidies, which was one of the first causes given why they were dismissed, received tho royal assent of tho Lieutenant-Governor on tho advice of the su;;cessorsof the late Goveiumeut. That bill in no way increased tho burthens of tho people, tho subsidy having been voted years before Mr.Letellier was Li<.uteuant-(.ioveruor, and there being a provision that if a portion ot tiie huiisidy was not t:ikcn a'lvaniage of, it could bo applied to the beiielit of other railways. That was tho law before Mr. Letellier was Lieu'en:ini-Goveruor The act was merely carrying the law into force. Tho Lieutenant-Guveruorgavc as ono of his first reasons lor dismissing his Minis- ters that they had ptssi d the law without contultiiig him ; yet ii was by the advice of Ml. Joly that it was now the law. As aa hon. member utar me says, Mr. Joly was President of one of the roads, and voted for tho measure regarding which he advised tho Licuteuant-Govi rnor to dismiss Mr. De- Boucherville. Actually ho wi'o voted to support the measure, and was in ono sense interested in it, and was now responsible for the measure becoming law, was a party to tho dismissal of Mr. UcRuu.herville, because he had introduci d the bill and carried it through the Legislature, tie approves of the Act, but procures the dismissal of the man who obtained its adoption. The Stamp Act which was intro- duced last session was a very impor- tant one. Before the hon. Minister of lulanci Uevenue got his aniendmc-ut bill through the committee, he must not have known his own progeny. It wa.s like the gun which had a new lock, stock and barrel. Was the as.-;ent of the Governor-Gi^ieral obtained to •Ue J»iy,or to any ameUiinif-nts made on it? nwlj'ej, to»s(*oUi, th ; •l/i.utenaut-Govcriior ftf Ql'ie^eft jva^ .p);dvcj(^e and govern what the legislative polity (ft'tho people is to be ! lie, JlkolJilBiter.vhalitftj ki-k ambrosial locks, Sivee^UiJ ifo'd, i{ml rtft; legislatots have merely 16 bappun in England. The Queen known too Well what her duty is ; die k(.'epH a nliarp and wBtchlul rytt upon tho foreign polifv. No one can rca 1 the MimoirR of the I'rince UoDHort without feeling what a griat wo- man — great KtateHwomun, if there is flutb a word — Hho in, ami with how watf:hful aud patriotic a care Hi>e guard< d and ntudied and coDbidered the aHminiHtration of the nation But, as regardH tlie le^l^^ltiou of the nation, Hhe left th»t an it miuht to be left, to thtt people, through their reproBentatives. 8he was satiHtied with the old Rlldiog8< ale of the corn duties in the old corn law timcR ; she wag 8atiHfied with the fixed duty of 49 a «|uarter declared by Lord John KusRell, and with the free trade in corn dtclared by Sir Robert Peel ; Bht> was Ratistied with the ruh- taining of the KutahliHhed Church in Ireland, so lontf as her Ministers adviHed her ro to maintain it ; hhe whr satisfied with the dises- tablishment of her own Church, of which she was the head, as soon as the representatives of the people in I'arliament decreed it ; she received with like i(|!:!iriiniity a r«;forra bill from one (Juv n.nieiit or a nttroactive meas- ure from atiotber. She knows it has ceased to be a poiiiiMi ot the attriliutes of the Crown to possess any pi'w< r in legislation, and tne strongest jiroof of tli»t is that tho power of veto isgoiie, nn<l that wiiilo the Sovereign is still the h-Hd of the Kxer'iitivc, she is only nouiioHliy tin: liend ot tlie Le^iKlatuie ; hhe (•annot vito a bill. It has net been done Hint e <4<'et n Anne. Jt is as » ;'iete us tlie Dodo. It is no part of the eoristitution of KuKland ; this is laid down by nil fht; writers. I hhall quote iigtiiit troiu Mr. liagelior, page 143:— " To stnte the mat ter sliort ly, t he Sovereign has, under a conslituil'iiial mouarcliy sueli hs uurs, three ritjhts : Ihe ri^ht t.o be eon^uUecl, tho right oeiwronrage, the i lj;lit to warn, (ind II King of ^real. sense an'l NUgnelty would no others. Jlo would tlrid thai, his liaving no other* would eniilde liiiii to use tliese wiih Biniir'arelfi et. He would say to his Minis er: — ■ 1 he reNponsthilily of tliese mensures Is upon you; wMiltvir you tlilnk het-t shall liuve my fuU and eli'eeiunl Miiijjort, hul you will ohserve tliut. lor t,hi.s reMnoii and that reason, what you projiose tod») Is bad ; lor tiiis leason aud that reas n, m hat you do not pro- pose is better. I do not oppose, 1 1 isniyuuty not to oppose, but observe lUat 1 warn.' " And that is the duty <>f a Sovereign. If any legislation carried on by a Ministry having a majority in Parliament — and, of course, they cannot carry it on without that — was opp<i8ed to the view of the Novereign, he had the right to send to his First Minister and siy, " I will continue to support you, but 1 have had experit n< e for years, and 1 warn you ;" and that is substanti, lly the only power h^ hn8 in matters of legi^lution. On page 125 Mr. Bagehot gays : — " The popular theory of the Fnirll-h Consti tution Involves t.wo errors as to the woverelnti llrst, In lis oldt St. r>rm, at, least, It consldei- hliM as an estate cillhe real m, a separate. oo or illnale authority with ttie House of liOrds aui the House of Common 4. Toisand niucli ol.vr the Sovereign once was, hut this he Is no lo'i ger, 'J bat anthoiUy could only be exercisi. Jiy a monarch with a legislative veto. H. should be able to relet t bills, it not ari thi: House of Comiiious reJetMs tbem at least le the House tit' I'aers rt-Jeets tnern.. Hut tin. Queen has no such veto ; slie must ni^i h»- own tieath Whrrani It' the two Uoui-es unani- mously send it up to iier. Jt Is a llction oftbi- past t'> ascrilie to lier legislative power; sUi has lorg ceased to Intve any. " Npr ran the House of Lorda interfere effec. tutlly if tho Home of Commons declares iu favoi of the policy of the Government of the day. May says : — "Tiio responsibility of Ministers has been still further sin.plilled by the dominant power •t the (Jtunmiins. 'tlie Ltirils tiuiy sometime' thwart tlie Ministry, but they are powerie» to overthrow a Mi nisi ry supported by the L'tjminoMs, or to upholil a Ministry tho Com- mons have coiideinned. Insteati of maii.\ masters, tlie GoTermnent has tmly one, thu! Is the people, nor can it be saltl that master has been severe, exacting or capricious." Every Ministry is liable to make mistaken in appointments ; every Ministry is liable some, what from the mistakt s or errors, or the worse than errors, of their subordinates ; though they may not be responsible tor them, still they may be, to a certain degree, resptinsible in public opinion for having made a wrong choice, but uuiil they condouc the oilenee.until tht<y approve of tne oflVnc.-, until they say that we approve tif the oti'enee, until they say that we approve of that policy aud will support thtm m that policy, thev are not justly amenable to attack. God for. bid thai I should oo, for as yet I know not that tho present Ministry, at tlie head ci which is the hon. member for Lambton, is liable to the charge, lial^le to attack or liable to censure for anything that has taken pliic>' As yet 1 do not know this, and therelore 1 will not say it. But it depends upon hon gentlemen — whether it he the head of » Librral Govirnmt nt upon whom the mantle of Kobert Baldwin ami others has fallen, or be the distiigiiished leatler of the Liberal party of the country, but I do not believe that that hon. gentleman will sacritice those great principles for the sake — it may be h warm hearted, it may be, a kindly, and perhaps, iu some respects, a politic act to do, lookioi; at the mere temporary advantage of an elec. tion, bm I do not lielieve that that hon. gen- tleman will turn his back upon those prin- ciples whii h he has so long professed, and winch have been the chief credit, the chief honor of his party. Mr. Speak( r, I move that resolution. (Immense cheering ) i, , • • I * »