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To oui com plaints, too long neglected and unredress ed, attention was at length to be paidi Sir John Colborne, (with whose measureal maxims and advisers His Majesty's sub jects had long been dissatisfied) was remo^ ved, and a Lieutenant Governor was senif out, to administer the affairs of the Prov | ince, in such a way that the peopli' should have reason to be attached to the parent State, from sentiments of aflfectior^ and gratitude, as well as from principles o The new Lt.Gov. duly. As ho was a stranger to the Prov a stranger. jjj^,^^ j^ jjg afFairs and history, to the wants sentiments and habits of its inhabitants and as the measures complained of undeij Sir John Colborne's administration hac been attributed, in a great degree, if no alto^;cther, to evil advisers, much anxieti was felt that the new Lieutenant Govern or should call to the Executive Council persL ns in whose sound constitutional prin- ciple?, integrity and prudence, the countrj- DunSrBlTranl could put Confidence. The appointment Roiph afforded satin- of Mcssrs. Duun, Baldwin and Rolpk ^**''*°"' therefore, afforded general and lively sat- isfaction; not unmixed, however, with seri ous apprehensions that the influence and] presence of the old councillors, who were- supposed to have advised Sir John Col-? borne, would embarrass His Excellencj and the new Councillors, in the pursuit oi a more impartial, conciliatory and constitu- tional system of Government, TheHouse | r. to the wants Executive CounoU a mere screen. id the country were not then aware that is Executive Council had been used as a ere screen for the acts of the Lieutenant overnor ; on the contrary it was general- understood, that they were cousulted on e affairs of the Province. That the principles of the British Con- itntion were not put in practice as it re- rded this Council, in one respect, was jell known,and had been the subject of ear- st complaint on the part of your Uonor- le House : we allude to the fact that rsons had been appointed, or continued Councillors, whose political opinions d principles were in opposition to those the people and their Representatives, d in many cases to the expressed wishes d intentions of his Majesty's Govern- nt; — as for instance, the contemptuous atment given to liOrd Goderich's des- tch, as well as to its noble author. But J country were ignorant how much the airs of the Province had been conduct- by the arbitrary will of the Lieutenant lovernor himself, with no other counsel fan the secret suggestions and recom- (endation of unsworn, irresponsible and vince conducted *«• iknown advisers. bitrarUy. Much and justly as the people of the 'ovince had been dissatisfied with the >ndition of onr public affairs, they were jvertheless not aware of the extent to |hich the unconstitutional proceedings of Lieutenant Governors of this Province id been carried. Every day however discovers »;ew cause r. . ,. 1 • X xi u J J 11- Every day discoT- complamton theone hand, and the con- eru new cause of eom Imptuous indifference with which all com- ^^"'"*" laints are regarded on the other. Affairs of the Pro- without conBultg. his new Councillors, From the documents referred to* tin Committee, it pretty plainly appears tha the Lieutenant Governor had not consultel theCouncil at all after the new Coiincillorl were sworn in — (See the representation! of the Council, hereunto appended, mark A) — although, during the interval betwee, that event and their resignation, threl weeks of anxious expectation on the paii of the people and their representative! ■ HiB Exc'y. made va. had elapsed, and during that time, Hr riouB appointments ExccUency had made various appoint ments, which he could not make ad van tageously or properly, without informatioi and advice from some one. His Exc'y. refosod HIs Exccllency also refused to give th assent to felons coun Royal Asscut to a bill, demanded by jus- tice and humanity, and passed for mor than ten years, almost unanimously, by re peated and different Houses of Assembljf although, during the present winter. Lor Gosford had informed the Legislature o Lower Canada, that the Royal Asser, would be given by the King in Council, ti a similar bill which had been passed I) the Parliament of that Province, and re served for the signification of His Majes ty'a pleasure. Upon this refusal to asseii to a bill whiclj had thus received tb sanction and approbation of both House of Parliament in Lower Canada and botl houses of Parliament in Upper Canada, am been approved of by His Majesty's Gov ernment, after deliberate consideration,! is plain that the Executive Council hai never been consulted ; and, indeed, all tin | measures subsequently adopted so disap pointed expectation, as plainly to indicati cither that the Council were not consult \i< f Com. believes that the appointment of new Councillors was r deceitful manosn" \re. or that the old members, with the um- Irage of the Lieutcnaut Governor, pre- >minate(l. Your Committee are forced to bcheve the appointment of the new Council- rs, was a deceitful manceuvre to ^ain [edit with the country for liberal feelmgs )d intentions, where none really existed; it was notorious, that His Excellency id really given his confidence to, and was ;ting under the influence of secret and i8w~-n advisers. Under these circumstan- ;s, the Council seem to have been led, (in mformity indeed with a suggestion of His jellency himself,) to examine the nature id extent of their duties, under the Con; iitutional Act, and having discussed the ibject with His Excellency, personally, the Council Board, they united, ten ys afterwards, in an unanimous and re- )ectful representation, in writing, to His sellency, in which, after adverting to le critical state of public affairs, and the jeneral discontent with the past adminis- [ration, which no one can doubt, they state leir views of the Constitutional Act, (31 reo. 3, chap. 31.) as it respects the Exec- constUutTo'nai Act" itive Council ; and draw Irom it the fol- lowing conclusion : 'Firstly — That there is, according to ^hat statute an Executive Council. " Secondly — That they are appointed by the King. Thirdly — That they are appointed to idvise the King, and his Representative, L'.^tthe'pr!!;!nJl: ipon * the aj^airs of the Province;'' — no par- ticular affairs are specified; no limitation any particular time or subject.'* The Council state their views of the There is a Coan«ll poiiited by tho ing^ Lt. Governor may reject advice. Matters pertaining to Heads of Dopurt 8 They represent, that according to ou Constitutionf the Lieutenant Governoi should consult the Executive Council upo; the affairs of the Province generally, ant not merely occasionally, although (excep in certain cases where their concurrenc{ is by statute expressly required,) His Ex cellency would still be at liberty to rejec the advice when given ; and they reconi mend, that, with the exception of those matters of so weighty or general a charac- ter as not properly to fall under any par- ticular department, and therefore fitted for the deliberation of the Council collec- tively, the affairs of the Province should be distributed into departments, to the mcntBrefrd-tothem. i^eads of which shall be referred such matters as obviously appertain to theiu respectively. We have been careful to state the ex- act propositions of the late Council, as contained in their representation, because it is important to know what are the real points in controversy; and because His Excellency, in various public documents, has given (to use the mildest terms) a very erroneous account of these propositions. He describes them as attempting to divest him of his responsibility, and of his power and patronage, although nothing was pro- posed by the Council, except that which we have above stated. Your Honorable House will observe that the late Executive Council in their repre- sentation to His Excellency, have placed their duties upon the most moderate scale. It is merely proposed that the affairs of the provihce should be submitted for their ad- vice, before the Lieutenant Governor ex- His Exc'y. has gi. T9n erroneous acct. ic slations, a^d aid ,h "" '" "" "•« '■•oach, without ii^dical'^'T'?^ ""d *en(atives of the Deont» u ''^ ""= ^e- ive offered Ihfm It « f ""^'^:.'^'''« ^'"'f- Wwin's letterThat ' Trr "■<"" Mr.R. ?"es accepted the invi^'',!"" """^ ^is col- Executive Council th?'"",?" "'" ""e les were made kno;faTd''ve''''/I,P"''- ned to Sir Francil H« -i^'^ "'"^ «- tly waiting UDon iL *'"' ' ""*' when 'ive a nnifedPrw,a,?on"°-f '^'''"^''J' '» «';?ro;t^"?''"^^^^^^^^^^^^^ tneir concurrence squired,) His Ex t Jiberty to rejeci and they recom ception of those :eneral a charac- I under any par-< therefore fitted Council collec- Province should rfments, to the i referred such ertain to them to state the ex- ite CounciJ, a8 Nation, because at are the real because His 'ic documents, t terms) a very propositions. 3ting to divest i of his power thing was pro- t that which 1 observe that 1 their repre- have placed derate scale, affairs of the for their ad- rovernor ex Hia Exc'v .-- • P.-POBit.on°JfSn" '''gnation. * " Mr. Baldwin & col leagues made k„o«rn their political princi. Ple« when the^ ic- ceptod office. Iifr-- 1 III" Annrer of His Ezc'7. to restgnatioQ of CounciL AO declaring with great apparent frankness and magnanimity, that their seats in the Council would afford them a better oppor- tunity of confidentially presenting and urg- ing their views. With such a latitude pro- fessedly given them, it became their duty, in the opinion of your committee, upon as- suming their office, to advise His Excel- lency upon the affairs of the provmce, and, in their opinion, as to the constitutional manner in which it might be best adminis- tered, in the terms of their oath " for the good of the King and this Province, and for the peace, rest and tranquility of the same :" such is the substance of Mr. Bald- win's manly and honorable letter. Animated with these loyal and patriotic feelings, and conversant with the condition and expectation of the country, it appears they joined in the representation dated the 4th of March, 1836, (hereto appended, marked A)-embodying their united views in a manner unreserved,candid and respectful. To this representation Sir F. Head sent a reply, also hereto appended (marked B.) concluding with the following words : " The Lieutenant Governor assures the council, " that his estimatioaof their talents and integrity, as ** well as his personal regard for tlieni remain unshu- ** ken, and that be is nut insensible of the difficulties " to which he will be exposed should they deem it " necesrary to leave him. At the same time should ' they be of opinion that the oath they have taken i " requires them to retire from his confidence, rather ^'^ than from the principles they have avowed, he begs •• that on his account, they will not for a moment hes- " lifate to do so." It appears to your committee that how- ever B^isible the Council might be, to thc| I ! .«' II ObserrMiotifl Mr. Btddwin. of honor of being confidential adrisera of the King and his Representative in this Pro- vince, and however anxious to avert tho embarrassments his Excellency justly ap- prehended, yet having entered his Majes- ty's service with known principles, and as a duiy communicated them officially, they couid not honorably retire from these prin- ciples, to which, as their representation testified, they properly attached so mnch importance and truth. Hence upon this delicate subjcctMr.Baldwin nobly observes, (see his letter in the Appendix, marked C.) '• Having in the representation alluded to but rei- terated in a more formal manner in conjunction with my colleagues under the sanction of tho oath, (whicli I had in the mean time taken) the same principles &, opinions which his Excellency knew me to entertain previous to his honoring me with a seat in his council ; however desirous I might be of giving my best sup- port to His Excellency's Government, or of not hasti- ly abandoning the important duties of my situation which had been most unwillingly assumed, I could not for a moment hesitate when the alternative \ resented to IU3 was the abandonment either of my principle* or my place. " Your Committee cannot hesitate to re- mark that this proposition of Sir Francis Head, in the secret council chamber, to [jj *" *'»• ''<>»°' °^ retain them in his service, jf they would ' *"'^' retire from their principles, was highly ob- jectionable, derogatory to the honor of the King, and demoralizing to the community. Among the criminating views urged by His Excellency against the late Council, sincd the date of the correspondence, will be found a complaint ogainst their conclud- ing prayer as follows, that "should such a " course not be deemed wise or admiseiblo Propoiition of Sir F. B. Head derojato- Hi: 12 '* by the Lieutenant Governor, the Council to b?n""nwedTd;l' " wost rcspcctfully pray that they may be ainuB iho public. •' allowed to dlsabuse the pubhc from a " misapprehension of the nature and ex- • ** tent of the duties confided to them." This request miglit in the opinion of your | committee, have been answered by a frank avowal of the alleged interition " after a few moments more afforded for reflection" to consult them to such an extent as to render their prayer " practically useless." But being in the strange misapprehension of His Excellency "sworn to be . ^u i i i 1 His Excellency. secrcts, tlicy might, as the reply shews, have dishonorably retained His Excellency's] confidence. But for what honest purpose covdd it bej desired not tO' undeceive the public, who! had so long, under a' misapprehension of| the nature and duties of the Council, di- rected their reproach against (hem as the! presumed concurrent advisers of misgov| crnment 1 If it is tcronir tha^ the Council should advise upon the " aflJairs of the ProJ vince," is it right falsely to make the peoi pie ascribe to them such dutie j 1 Was it criminal, as is pretended, fofj them to a&k leave to communicato to tha he Council ley may be lie from a re and ex- hon»." lionofyoiir 1 by a IVank m " aftor a r reflection" xtent as lo lly useless." pprehension o be dumb^ riously mute elate Con n- to have had >, viz: either J :;joiistitulion- iency, or dis- jvailing pub- r duties. If ed, and kept re were no shews, have ;xcellency'8| te could it be 1 public, who prehension of. [Council, di them as the; |s ot misgov the Council f s of the Pro ike the peo 'tended, foi licate to th 18 ublic, not any particular matteror their dvice upon it, but merely to correct a ublic misapprehension of the nature and xtent of the duties confided to them .'* — as it generous or just for His Excellen- y, under pretence of the oath they had ken, to compel the new Councillors to bject (hemselves unjustly to the same re- jroach, as had been heaped upon the old es, for supposed acts they had never ne, and for supposed advice which had ver been asked or given 1 Was it mag- nimous or honorable for a Lieutenant overnof, who professed to take upon mself all responsibility for all misman- ement of our affairs, to screen himself om censure by allowing it to be unjustly putcd to a "^Mmfi," '•'-defenceless''' Council? ould it not have been more manly to ve said, " / am the only responsible person; shall not be blamed for my acts ; therefore abuse the public that they may never charge ainst you what is wholly chargeable against ".^ But on the contrary His Excellency ndcmns them, almost as violators of ir oath for desiring to undeceive the untry, and for betraying so much sensi- eness about mere character and reputa- n, as to unden'alue the honor of inno- tly braving all the odium of His Excel- cy's unadvised misdoings in his govern- nt. This is a species of political gal- try from which the Council seem hum- to have wished to be relieved ; a wish, ever, which His Excellency indignant- csents. our Committee are iniable to discover he conduct of the late Council, any unds for the reiterated assertion of His ObperTatioM of Couiinittou. Committeo not «- blc to discover in conduct of Council i4 • dMtr* to d»t>rw« Excclloncy, thai ihoy wishod to deprive wMf^*" '■ "^ **"'" *»•»" »><* liifl rospon8il)ility and pntroimgr. The rosponsibiUty of tho (jovornofl should, ill Ihu opinion of your Coniniittuc! couHist, in a f^rcnt moftBuro, of Roh)ctini good Councillorn, nnd octing with (hoi good nnd rcjcrting thoii bad udvico. Tlij advice of iho Executive Councih given ij tlic terms lately proi)osed by them, wouli inform the juifgment, but not impair ik responsibility of Ilin Excelleney. A Jur| are not tho less responsible for their vcj diet, because they hoar evidence, thoCoun Bcl nnd tho Judge. And to your Comniil tee it seems puerile to ur«;c, that shonlj nn Executive Council give advice to Lieutenant Governor, ho could have i^ responsibility in acting on it. The sariJ may bo said about the patrouRge. Tin patronage chicily consists of appointmeiii to all public oflices throughout the coiiij try ; and as His Excellency professes hiij self to your Honorable House, to bcj stranger lately arrived amongst us, untij quainted even with the political difterencj of the ivlotber Country, and, necessarij (as all his successors from England niu i^.uii.EU''i"d l>e) wholly Ignorant of this Province, u advised in inakiug scems rational and prudent, that hem «PPOintmM>u. making any such appointments to oflicj he should receive the advice of the Coi oil in conjunction with whom ho coti make better enquiries and arrive at salj ccnclusions, than by his own unaided ju({ ment. When, therefore, His Excellency co tends that he will not take advice upon i affairs of the Province, because it taU my hit) renpoii^ibility, and that ho vf ill not MiHult tliu Council about appoiritrncnti olHce, IiucuuHu it will take away IiIh pa- niago, it practically uuiouutH to a do- duration, that ho will carry on an arbitrary >vornniont, not bocauHo it im tlio boat llculntcd toadvanco tlio poaco and proH- )rity of the connlry, but lor the Holiish irpoMo of displaying the oxtont of his |\vcr — fur it iu not prutcndud, that tho nistitution prcvcntH him ironi consulting Ith tho Council on all muttors, if he wuc Jly desirous of doing ho. IJMit the Lieutenant Covornor dcliber- )ly declares himself to bo res[)onHiblo his Council as well as for himself to Majesty's government in England.— tis kind of responsibility (undeniably i-stin^) wo have witnessed in the exam- Mahiiiif to • ra. is of all preccdinir Governors, and ox- *"'." '" "••«',';;"« «»• fienco, dearly bought, Jias proved that )iliry to a patron in Downing Street |r thousand miles ofT, is unavailing for practical purpose. And even as- ling this responsibility to continue, it 3S not lessen tho manifest expediency wisdom of guarding against even Intentional errors in the conduct of ailiiirs by the intervention of sworn rice from Councillors selected by tho ^utenant Gr-'ernor himself for their mts and integrity. The counsel given dd produce here safe and happy gov- ncnt, and instead of destroying res- isibility in England, would only lessen necessity of a frequent appeal to the [one and to the British Parliament, for |rcdress of grievances, even of the most )rdinate kind. ;f':i3 11 16 Your Gommittee cannot forbear to notice the Lieutenant Governor's charge against | four of the late Executive Councillors, i whom he accuses with " having changed their opinions." Sir Francis Head is the i last person who should have promulgated such a reflection against any of the latei servants, particularly against those to I whom he had introduced gentlemen avow- ing the opinions, which, it is insinuated,! they imbibed. How could they suppose] that His Excellency was angrily opposed] to the principles he had infused into the] council! But it seems he formed thel Council of persons who, he thought, en- tertained opposite and discordant senti- ments,and because, instead of quarrellingl and wrangling among themselves, they! discovered in their proceeding, a happy! and useful concord in public business, he! dismisses them for their unanimity, andl then ungraciously charges one part with| holding unconstitutional views, and the! other part with being converts to them.; And all Uiese attacks are made upon them I by His Excellency, who at the same timel declares them to be defenceless " becausel being sworn to silence, they are deprivedi by this fact, as well as by the constitution,! of all power to defend themselves." Nev-| ertheless to your Honorable House, and iol answer to popular addresses, he is contin-i ually urging constructions and statements! against the Council, which ought in fair-j ness (and on every principle of honor) tol bo allowed to he answered or never tol have been made. ^ .,. Your Committee feel surprised at thel Committee eurprifl* ... ^ ... n n ■ i '* tdttHiaEzcoiieny'i puolic auswcr of His Excelloncy to the a4< til IT ess of the city corporation--your com- answer to Corpor*- ittee have procured a, certified copy of ^'O"* is address and answer, from his Excel' ncy's private secretary, which they here- to annex, marked D. — iu which he presses " astonishment,^* that those prin- ples " suddenly appeared from a quarter ora which he certainly least expected it, m the Executive Council itself." It is t just to the late Council to remark, that e announcement of such principles from Council into which His Excellency had mself knowingly introduced them with r. Baldwin and his coadjutors, could not, candour^ be a matter of " astonishment ;" r can your committee consider it done uddenlu" after an amicable verbal discus- n with him in Council ten days before, that it could be "certainly least expect- " from sworn advisers known to him to tertain these principles, and bound by is Excellency's invitation to the frank in- rchange of opinions, as well as by every ligation of honor and duty, to express em to him. It is, therefore, plain that Principle* regftrd- e principles are regarded with « aston- f** ;^!*'' "^ton'shm't^ L ^ « u «• -c II u xL by His ExcV. with- [iraent," by His tiXcellency, when there out reason. s no reason to feel it ; are denounced '^ obtruded by the late Council •' sudden- ," after they had been debated for weeks ; e condemned as emanating from a " quar- " into which he had himself knowingly troduced them; and are said to have Sen " least expected'* from men whom he id himself in Council sworn fearlessly to ise him a'^cording to their honest con- Ictions. The late Council are charced by His J^'^ '^*- ^?!J"" I,, .11 •!! i chargcfl tho laloCourt Ixcellency m the last mentioned document cu wuh c ■. I. ■ ( '-. I ;l i II. ■ ■Mtkinlng responsibi. lit J on popular opin- ion, on tho intention of the Constitutional Aot. Such «hargeB'iire At Tariana* wiib can 4our. Hli Excellency ■tates that he was about to lay impor tant matter before the Council, when this question was im- mediately agitated. Such a statement, feserved for subse- quent disclosure, be> trays disingenuous- 18 with resting their claims In the appended! representation, very nearly on the foUow-j ing grounds: " 1st — That the responsibility they assume being] '* a popular one, daily increasing, is consequentljl " (he law of llie land ;" and " 2ndly— That thoughi •* the powers they require are no where expressed ill " the Constitutional Act, they were evidently inten-j ** ded to have been inserted." Your Committee have compared the! above professed epitome of the groundsj taken bj the late Council, with the repre-i sentation itself, from which it is avowedly) deduced ; and the grounds, thus charged! by His Excellency against the Council asj assumed by them, are so utterly & so obvi{ ously at variance with candour as to defyj any courteous commentary without injus- tice to the Constitutional question at issue,| In the answer of His Excellency, ac- companying the documents between himj self and the Council he states, that " With every desire to consult my Council, I wai| •' preparing for their consideration important remedial| *• measures, which I conceived it would be advisable! '• to adopt, and had they but afforded me those few| " moments for reflection, which from my sudden arri<^ " val among you, I fanpied I might fairly claim as m)f, " due, the question which so unnecessarily they hav^ '* agitated, would have proved practically, to be use^ " less." It is singular that this latent intention o| His Excellency is not even hinted in hijf reply to the Council, but is reserved for disl closure as a means of criminating them, af| ter their resignation was eflected by the al' ternative of " abandoning their principles| or their place." Considering the relatioii| which ought to subsist between a Gover' 19 nor and the £xecut'ive Council of the Pro- Uince, it was not, in the opinion of your committee, dealing ingenuously with ihem, to take most important steps without their advice or even knowledge; — and it must have been a humiliating position for gen- tlemen, distinguished as His Excellency admits, for " their talents and integrity," to imagine that His Excellency was " pre- paring important remedial measures," not in dignified and constitutional co-operation I with his highly giited Council, but by the laid of unsworn and irresponsible persona lunentitled to confidence. Such conduct did Inot redeem the pledge to the late Council, lupon accepting oflSce, of his " implicit con- liidence ;" and when, after three weeks merely nominal Counciilorship, they re- isign, it is alleged " had they afforded him \sl few moments for reflection, the question [which so unnecessarily they have agitated [would have proved practically useless. If Uuch is the truth, if it was intended (after la few moments for reflection) to consult ■the late Council to such an extent as to Irender their representation " practically luseless," why did His Excellency require Ithem to '* abandon their principles or their Iplace i*" Why did he in his own language r' drag the question into day-light, in order jthat it might be openly, fairly and consti- jtutionally discussed," when it was his ivowed intention, shortly to render the agi- tation of it " practically useless f Under juch a prospect it was inexcusable misrule to fill the country with consternation and Jismav, upon a matter respecting which, «e had the power and professes to have had he intention, to satisfy public expectation} and very hamiliating to gentlemen whom His Excellency had spoken BO highly of, taking in their plaoo unsworn advisan. Such eonduet did not redeem th« pledge of "impliott coniidenca." If but a fetB mn. nienlB were required for reflection, why require them to a- b-^ndnn their prinoi- pics? It w&s MisnoLC, to thus fill the coun. trywilh dismay.when having the pojoer &> professing to hava had the intention to give aatisfactioo. Jii:. ilitt'crEnt •rocds — 90 — and after importuning tho Honorable jJ H. Dunn and 11. Baldwui, Esq., under m ii waa mp»i unf(e. Overwhelming pressure of recent domesti(| ntroua t.. tr« iit tiio affliction, and Doctor Rolph amidst nrofcli •ucii indJKniiy coii- sional avocutions, m voluntary retirement •idoring iiicir pccu- from DubHc life, to join the Council, ii liar circumvtaiiccii. i *. • i ii ir- < /-i i "^ order to aid the I\.ni|; s tfovernment, it wa most unixcnerous to almost expel tlvjm hiJ Council, merely for offering a suggest ioii which, after a few moments more reflecl tion, he intended so far to follow os to ren| der their representation ^< practically use^ less." It should be particularly observed, th&| Theropresnhtation thc representation of the late Council wa« of tho ia»o L iiiicii, sicrned bv all the Councillors ; was the dei act. of inrroiis of liberate, Mnnnimous conFCienlious opmion] poiiucai ^^ gentlemen of different political parties! — of those who had long been in officc| and of those who had just been appointed^ — not as to a mere theoretical question, but as to a question practically affecting! their own duties, under the constitution of the country; was not a movement to servCi any political party, but was calculated to! meet the views and wishes of all parties;! ^ and that being in writing. His Excellency^ ji'ollticci' pnrty, lit could take his own time to consider it.| "i^iiw!'''^'"*''^''' Finally, as this was a matter of no ordina-J ry importance and as the Councillors had? delivered their views in writing signed by^ oil, (a proper and constitutional proceed- ing on such great questions in the judg* The Council pro. mcnt of thc Committee, and certainly thej Sf/;ad''r"e"p^^^^^^^^^ most respcctful to His Excellency,) it would have been no great stretch of cour- tesy to thc unanimous and confidential advice of his Councillors, if, in case he; differed from them, be bad referred it, witb^ was not to tiorve 21 lit observations, to His Majesty's gqvern- lentf instead of indulging his arbitrary kpirit and requiring them to resign fur the lere expression to him in confidence of Iheir sentiments. It may be observed that ritliout being obliged to concede the prin- ciple maintained by him, or to comprom- je his character cr his dignity, he might [irankly have consulted mem, in the mean |ime, of his own accord, on all important tatters, and have obtained thereby advice ind inormation, which would have been lighly useful to him and which, in fact, he lecessarily must seek somewhere. By |his means, he would have prevented the present excitement, and the discus^sion diich has been forced upon the country )f forms of Government and fundamental >rinciples of the Constitution ; a discus- sion which common prudence will admon- ish all settled governments to avoid. That 18 might have consulted them upon all 16 affairs of the Province even if he 7&S not obliged to do it, there can be no loubt. 8uch a course if not enjoined is evidently not forbidden by the Constitu- |ion, or by the Royal Instructions, or by iny law or authority whatever. It is not lorrowed from a republican government )r republican institutions, but is a British isage and according to British principles. It seems however from his own declaration [hat he was waiting for an opportunity to )rce this discussion upon the country ; or |n his own language " to drag this new (heory into day-light,'* in order that it light be discussed. The Committee and Ihe House are therefore ** dragged" into [he discussion of it, not by the Executive /pencil, not by any factious or party pro> Tfia Excrllenej might liave (.hewn courfo^ey, by r^'lrr. riii)T iho caio to Ilia Mtijrsly, and Btill have con. snltrd Ihrm U|'oii im- piirtunt mattera, and have prercnted tho pieicnt excite, mcnt in tho country, which is very nc«ea. aary to bo avoided. Such a courto nnt forbidden by th« Constitution orKoj* nl Instructions— But according to British principtoa. This waiting to "drag into day-light" this bul.ject, haa "dragged" thellouEO into itH dir^cussion by the Govornor hin. eeir. '11 i it 6».y.light." Hitherto tlie Ex- S9 ceeding, but bj His Excellency himselil who, it appears, notwithstanding his shor arrival in the country, rather courted thfl discussion of it than otherwise, for it will be observed that he stated in answer to the corporation as follows: For h« courted the ** Ending that this new theory was rapidly gainin|j diacuision and used u ground, I resolved to offer it no secret oppositioni no means for pre- ,° ^ • jt ■! ▼enting it, until he "or '" any way to exert my tnfluenet to oppose it| eould •_• drag it into *' but I DETERMINED the very first tin^e it should come well within my reach that I would dbao ii| into day-lightf'' &.c. The committee cannot but remark that| «outive Council huve hithcrio the Excculivc Council have sua- •S'.t7/of*'mi^.m£ tained the public censures for the miscon-l ' duct of our affairs upon which it has al< waj'S been supposed they have given a concurrent advice, — and upon that account past Lieutenant Govornors as well as the and Lieat.GoTernors British Government have sustained their! nave been treated a> -j-'^ ji. * ii with respect. office m dignity and been treated person* ^^ „ ally with respect. It is therefore, with] The aRBumption of •' . * , ^ . i i- all responsibility by great conccm WO learn from various public; the Governor, is a documents emanating from His Excellen- matter of groat con- . . ■ • ? .1 ^ • j • . i cy upon this subject, that he desires to| relieve the council from all participation \ of popular displeasure, inevitable in a country with liberal institutions, and to assume it himself. The representation of | the late Council fully expresses the odi- have been exposed um which its members had silently endur- &B^i[K^sUt!; ed, and it appears to your committee re- tion. pugnant to the British Constitution and in- consistent with the necessary preservation of respect for the Kingly office to bring his representative into personal collission with the people in every period of excite- ment, and render him the ostensible per- son fur accusation and complaint. Should •era. Such odium as the Executive Council ts ich a doctrine prevail^ the royal sta- [ in the colony will be serioutly impair- ed it its dignity and be almost unavoidably introduced in parliamentary debate, and )ecome the point upon which will be con- Icentrated every manifestation of popular [indignation. If all the odium which has Ibeen poured upon the old Executive Coun- Icil, had been charged, as His Excel- llency proposes, upon the Lieutenant Go- Ivernors, their residence would not be to- lerable, and their very authority would be- |come weakened or destroyed. In the conclusions of the late Execu- Itive Councillors, the committee fully con- cur, and cannot but express their surprise that His Excellency should not be convin- ced by the clear and unanswerable argu- ment contained in their representation to him. His Excellency however, in one of his appeals to popular feeling, broadly de- clares that the Act of 31 Geo. 3, chap. 31, creates no Executive CounciU and says, " if any one tells you that it does, read the I act for yourselves." In humble imitation of this great autho- Irity, we affirm confidently, that according \to that statute there must be an Executive Council mtpointcd by the King, for the affain \of this Province ; and to any one who is led by the strong assertions of His Excel- lency to doubt it, we say "read the act for yourselves," especially such passages as this [section 34] "together with such Ex- I ecutive council as shall be appointed by His His Majesty /or the affairs of such Province^'' and such passages as this [section 39]— **with the advice of siicl Executive Coun- cil as shall have been appointed by Hit Suoh doctrine T7nl impair the digrnity of the royal etation, di introduce it into par liamentary debat*. All th* odiam at> tached to the Execu- tive Council, if aa-* aumed by the Lieut. Governors, would render their resi- dence intolerable, & weaken their autho- rity. The Committefl a gree in the concius- icns of thn lata Council, although the Governor de- clares the 3lBt Geo. 3, creates no Exaou. tive Council. In contradiction, the Committee affirm there must bi an Executiva CounoiU whica is fully con- firmed by tha Act it* self. ! 'U ri I! ! li"; ' 24 Majesty, his heirs or Bucccssors, within wich Province for the affairs thereof}''' and such pasau^es as this, [section 7,] " be- fore such Execntive Council as shall have been appointed by His Majesty, his heirs or successors within such Province for tlie AFFAIRS thereof i'"' and such passages as this, " as such Governor, Lieutenant Governor, orpcison administering the Government shall vvith the advice of the said Executive council judge to be expedient under the then existing circumstances ;" all of which pas- sages are found in the act. On this sub- ject the committee refer to the conclusive argument of the Executive Councillors in the communication which seems to have disturbed HisExceliency so much, amidst bis alleged preparation of " important re- medial measures" and conclude, that ac- cording to the Constitutional Act, there must be an Executive Council ; that they are appointed by the King, and that they are appointed to advise upon the affairs of this Province, generally, and not merely upon particular aifairs or upon particular occasioris, arc propositions which are de- monstrable from the express terms, as well as from the spirit and evident intention of that act, (ds has been shewn by the late Executive Councillors) and may, more- over, be inferred from the absence of eve- ry thing of a contrary import in the statute. In other statutes besides that just refer- Councii and ther^du J"€d to, both Imperial Statutes & Provincial ties are. alluded to in Statutes the Exccutivo Council is noticed, other Acts, ill terms i ^i • i .• ii j j .. • ... equally comprehon. ^ud their dulies are alluded to m terms "^^- equally comprehensive. — [See the Provin- cial Statute 34 Geo. 3, chap 2, sec. 33-^ and the British Statutes 6 Geo. 4, chap. The Executive m ti 25 114, sec. 30-— and 7th and 8lli Geo. 4, chop. 62, sec. 1 .] From these statutes it will be i*een that the Executive Council is " the Council of the Province," " appointed for the affjiirs thereof." and not His Excellen- cy's Council, or appointed for particular ftifairs or any particular purpose. They are not, as he says they are, appointed to serve him; they are the Council of the Province, " appointed for the affc :» of the Province^'' The distinction of His Excel- lency between the Council serving him and rot the people, is calculated to awa- ken kuuch concern, and seriously impair that identity of interest and purpose which (under the presumption of our enjoying the British Constitution) we always supposed to exist between the King and the People. Indeed it has been a universal belief, foun- ded as your committee believes in unerring principles, that both the Privy Council at Home, and the Executive Council in this Province, are the servants of, or instru- ments for the dispensing of good govern- ment; any attempt to put up any conflict- ing interests between the King and the People, by creating a belief that in serv- ing the crown they do not serve the coun- try, is erroneous in theory and mischiev- ous in practice. His Excellency repeatedly asserts that no Executive Council was created by the British Act 31st Geo. 3d. chap. 31,' and Hays, "as regards even its existence the most liberal construction which can possi- bly be put upon the said Act only amounts to this — That as an Executive Council was evidently intended to exist, the rem- nant of Iho old one ought not to bedeem- l) They are not ap- pointed to serre the Chveriw Provinc. b\it tho Tho Privy Conixjil at home and the Ex- ccativo Council hero have been considered aa servants for dis. pcnsing good (fov- ornmont — any ether opinion is erroneous in tJicory & mischie- vous in prnoticp. TIic Lt. Governor asRurts tlio old coun. cil existed until the now nnf> wnR «p- poinfod ^lii' I There was no such a body as " an old Connoil" of Ihis Pro vinco, it was called a Legislative Council, for tho affaira of the old Province of Que- bec— «nd the first clause of the Slst of the King annulled or destroy^ that Coun cil. Tlio laBt clmise of the 3l8t eftho Kin^ refVitoB nil llio nssor- 26 cd totally extinct until its successor was appointed." In opposition to this sweeping and pos- itive declaration, the committee must re- mark, that there was mo such thing as '• an old Council" of this Province, and though there had been a Council created for the affairs of the old Province of Quebec, by the British Act i4th Geo. 3, chap. 83, this Council was called a Legislative Council and not an Executive Council; and your committee also deem it worthy of remark, that this Council is spoken of at the same time in the said 14th Geo. 3, as is the E?:- ccutive Council of this Province in the 31st of the King, viz : " a Council for (he affairs of the Province of Quebec;" and more- over, the very first clause of the 3 1st Geo. 3, chap. 31, repealed so much of the pre- vious act as in any manner related lo the ap- pointment of that Legislative Council ; or to the power given to them. Not " a rem- nant" of that old Council therefore existed. Every vestige of it was annihilated, and ^ our committee are quite perplexed to under- stand how the Legislative Council of Que- bec after its absolute and unconditionnl repeal could survive in even a remnant (as His Excellency says) 'till its successor was appointed : — if this is good reason- ing on the part of His Excellency, the Le- gislative Council of Quebec (had no suc- cessor been appointed) would be now in operation, and by similar logic, by res- cind' ng the initructions, His Excellency might undertake to revive it. But the last clause of the ,3lst Geo. .3, chap. 31, af- fords a conclusive answer to nil His Ex- cellency's assertions that an Executive ■ 11 I cesser was img ns " an 27 Council waa not created by that Act ; for l^"""^^"^*?^"?"; . , I i 1 • I • 11 ^»T° WM not oroated it provides that during tnc interval, be- by the coBstuution- Ivvcen the commencement of that statute *^^'=*' ill the Province, and the first iiieeting of the Provincial Legislature, the Lieutenant Governor, " with the conyent of the major part of such Executive Council as shall be appointed for the affairs of the Province,'''' may make laws tor the government thereof ill the same manner as the old Legislative Council for the affairs of the Province of Quebec, could have made ordinances and laws for that Province. The Council thus ^,'JJ^^^ ^^a^f J^ authorised to assist in making laws, were appointed before the Mn Executive Council not then appointed, ^fllZTlt'^^iam but which were to be appointed, and were to be appointed before the first meeting of the Provincial Parliament ; and were to be ap- appointed, not for that particular purpose only, but *'*for the affairs of the Province'* generally. And yet, according to His Excellency's opinion, this statute did not establish an Executive Council at all ! — While in his reply to the late Council, he a contradictory says, •' To enable the Lieutenant Govern- "^^^^^y"^^ "" ^*' or to perform the arduous duties of his office, the Constitution has wisely provi- ded him with an Executive Council com- petent to supply him with that local know- ledge in which he may be deficient, and to whom he may apply for counsel and ad- vice. »• The committee, without hesitation, af- tuo siet of the firm, that this Act as much creates or re- SExe'cXtSu" quires the appointment of an Executive c>i as »» appoints a Council, for the affairs of the Province, as fhTGolornlSJnt*" it creates or requires the appointment of a Governor, Lieutenant Governor, or person to administer the government of this Pro- 28 'I'liu Lioul (ii)voru or ehould consider tUo autborilj fur his own office hoforo ho makes bis aseortioQB The official oharao ter and authority of a Lieut.Guvorn or no more naceisary un- der the Constitution al Act, than is an Ezoeutivo Council. Litut. Governor Simcoo hod a very different view of the charter of our liber- tieo, thou had Sir F. B. Head. And wa« bettor ac- (|uaintod with its in- teutions. viiice. Hi« Exct'llency, when he is pro- mulgating and defending tho novel doc- trine, that he i» tho sole Minister oa well as Representative of the King in this Pro- vince, would do well to consider upon what law his own authority rests, before ho makes these rash assertions. The official character and authority of a Lieutenant Governor, are no more necessary ur»der the Constitutional Act, or created by it, than is an Executive Council for the atluira of the Province; and if the Representative oi tho King can thus attempt by such bold assertions, upon such slight grounds, to ex- plain away an important part of that law, which is the " great charter of our liber- ties*" (from which His Excellency himself, in one of his appeals tu the people, tells them they " should never allow a single letter to'be substracted,'") — (your commit- tee append the address and answer, which they have received, duly certified by his Private Secretary, marked E); your com- mittee can only hope that his example will have as little weight as his arguments. It was in a very different spirit and with very different views from Sir Francis Bond Head, that Lieutenant Governor Simcou regarded this great charter of our liber- ties. That great and good man, whose memory is embalmed in the affections and gratitude of the people of this Province, was a member of the British Parliament when our Constitutional Act was parsed, and having served with distinguished hon- or in the Colonies, during the war which had not long before terminated, and hav- ing been acquainted with those brave and loyal people, who were about to seek in 29 lis Froviiico an uBylum uiiiier BritiMh luwd and British Institutions, ho was no |(jub(, freely consulted about tho form of fovernment to be given to them. The following exti-uct from Lord Raw- Lord Hawdon e*. Mi's observations in the House of Lords Sraov^ernorSuiTcool the discussion on the passage of the ist of the King, will give an idea of the stimation in which Governor Simcue was ?ld. '•'■ His Lordship said, that the gentleman, whom he had heard was to be iK>nored with the appointment of Governor, was one, of all others, the fittest and most to be^wished for by the country. His in- telligent mind, his generous and liberal manners, his active ^spirit, and peculiar abilities fur that situation, rendered him, ►in an^eminent degree, the properest per- son that Ministers could have selected lor that appointment; and certain ho was, that the choice would redound to their honor and credit. " If Canada was to be governed under the present bill, it would be well for this country and well for Canada, that Colo- nel Simcoe was the Governor." When the British Nation conceded to Jored'tra! u wLT lie United States, the right of forming a tended to confer a fee government for themselves, after their oTG*ovefnm(ln/°SI [wn choice, it is scarcely credible, that the Loyalists thaa ley intended to confer a Constitution, less united'sutM.*" ^ *' [cceptable, upon the Loyahsts, who had )ught, bled and sacrificed their property Ind homes in defence of the Unity of the .mpire. And it does seem humiliating to [our committee, after the lapse of half a [entury, to find a new Lieutenant Governor \$ ■py drawing bo uatavoruble u contrast between uur local institutioiiB and those froni whici they were borrowed, as to subject us d his arbitrary Government by superseding > the functions of that important branch the Constitution, called the Executivj Council. The Government Xhc Government of this Province wa of thiB Province wu« . ., ^ ^. t . c c .l. the subject of an in. in lact the subject of ouc ot the most 1 It'®'n"? f''p®i"' terestinir and memorable debates ev the British rarhu- . o n • • t n ^ luent. witnessed m the British rarhament ; ani while Mr. Fox urged the extension of till elective principle in the new Constitutiol further than it existed in the British Con stitution, no one proposed that the forij of government should be less popular less free. Governor Sinicoe heard th| debates on this subject, and in fact, too part in them. He was the bearer of tb Act to this country — was the first Lieil Governor shncoe, tenant Govcmor of the Province, and waj from the part he well qualified, and appears to have bet took in the debate, iU • j u tt* km ' ... his being the bearer authoriscd by His Majcsty's governmcr of the stgLie. and to cxplaiu to the pcoplc the new Coustitij WM well quSd°to tion which was established for their ber explain the new Xhis enliffhtencd British Statesman an Constitution and de t • i ^ ■ ^ • i i i ^ ..i «oribe its features. Legislator, who Certainly knew what tU » principles of the JBritish Constitution werj on the very opening of the first Session i the first Provincial Parliament, addfess^ the Legislature from the Throne, andi the King^s nantie, in the following terms : '* I have summoned you together under the authonj '* of an Act of the Parliament of Great Britain, pasi " last year, which has established the British Consiitutii " and all tht foma which Hcure and maintain it in t^j " distant country." " The wisdom and benificence of our most Gracioi " Sovereign and the British Parliament, have been ti Governor Simcoe's Address to the Le- isUture at its first ession. 31 icntly provedi not only in im|)Artins to uh the tatnr ^orm of Government but also in securing the benefit, by the many provisions that guard this memorable Act ; to that the blessings of our invaluable Constitution, |hu9 protected and amplified, we may hope, will be ex- lended to the remotest posterity." ' The great and momentous trusts and duties, which lave been committed to the Representatives of this "* Province, in a degree infinitely beyond whatever till [his period have distinguished any other Colony, have Driginated from the British Nation upon a just consid- eration of the energy and hazard with which its inhabi- fants have so conspicuously supported and defended the iritiah Constitution." Still more striking was the fullowing [nguage used by him, as the Kiiig^s Re- resentative, from the Throne, in the >CGch with which he closed that Session : ' At this juncture 1 particularly recommend to you to Addreos at cIoba lain, that this Province ia singularly blest, not tvith a of tlio nameSoaiiion. jTiLATED CoyiTiTVTioy, but mtho Constitution tohiek 13 stood the TEST OF EXPKBIKNCR, Otld IS TIIR VRRT |aok and transcript o/ that of Great Britain." Such were the emphatic words of this [•eat and good man. Were they, after all, I mere delusion 1 An empty sounding, I meaning mockery .'* So they are now [garded by His Excellency who, in an- ^er to an address from the inhabitants of |e city ol Toronto, declares that, it would unreasonable to expect that the people of |is Province should be ruined in vainly (tempting to be the « exact image and thomfnTer^tSlboi^ lanscript ol the British Constitution," and declarations are trea [at "the Constitution which His Britan- Stytm^ctK^^ Ic Majesty George the Third granted to ♦y roniized. ]is Province, ordained no such aksurdi- (eb." That this is strong language the )mmitlce admit ; but it ia language which |iey have read with pain. The *• absurdi- ?.«i" in which His Excellency's doctrines m r ;l"ii' 'I I'll 11-'" iiim If ■i I 32 have involved him, must be apparent (c every one, from this " vain attempt" to do] preciato the authority and tarnish the mel iQory of Simcoe, the first and ablest of ouj Governors, by holding him out, either being unable from wint of knowledge ol discernment to judge whether our Constij tution was *' an exact image and transcrij of that of Great Britain," or as being ad artful and imprincipled deceiver, attempt] ing in the name of the King to palm ofl o^ a confidirifr and deserving people, a ** mii ttlaied Constitution^^'' by a mere high-sound] ing flourish of words. In despite, how] ever, of His Excellency's sneers, this tee] timony of Governor Simcoe stands recor] ded on the Journals of your House, a sc lemn assurance in the name of the King] that his subjects in this Province shalf have all the blessings of the British Consti\ tution^ secured and •' amplifif.d" to thei and their children ; a pledge that we trusj will yet be made good to them, to the diuj appointment of any Lieutenant Governoil who may deride their expectations and op] pose their wishes and constitutional riglils I Sentiments similar to those of GovernoJ Simcoe have been expressed by succeed] ing Lieutenant Governors ; and by per] sons of all classes and creeds who havej All BobBequonf po ever treated on the subject, altho' soini wUh'them\goJicr''a1 ^avc demurred that while we were entitled argument to the by the 31 st of the King to all the blessing] Governor ^^ ^^^ British Constitution, that while was held out to us in theory and by pro fession it was denied (in some respects) ii| practice, yet all have agreed that it wa guaranteed to us by the Constitution, — anil those who have heretofore complained ol the want of it in practice, have bcenchar| Tiewa of Simcoe. red with disafTection, and denounced ad iemagogues, grievance mongers and dis^ ^urbers of the public peace by Lieutenant rovernors and their adherents. The re- ::ords and public documents of the Pro> /iiice are filled with expressions (some- times explicitly and at other times incident [ally mentioned) calculated to impress the )elief that we were entitled to the full en- joyment of all the blessings flowing from Ihe Constitution of Great Britain, and what |fl peculiarly striking is, that amidst ah this lultitnde of witnesses in favor of our right 10 the British Constitution with all its bles- iings and benefits, that not even a hint to (lie contrary was ever heard from any of Ihem ; and it has been reserved for Sir i'rancis Bond Head in 1836 to discover hat our Constitution is different from the (ritish Constitution, and that it would be toolish and ruinous for us to introduce the h'itish Constitution if we could, and that Iny attempts to do it, would be vain. What- Iver evils we suffer under our present non- lescript Constitution, which even Sir rancis admits are so great and oppressive [s to require ^^ important remedial measures'^ nxHOUT "delay," which "our Sovereign las ordained" and "which he is here to Ixeciite," we should console ourselves, [ccording to his opinion, with one animat- ig and delightful reflection, namely : we |re not, and cannot be cursed with the hitish Constitution. According to his doc- fine the Constitutional Act ordained no ich absurdities^ and the Royal Instruc- lons were equally gracious and careful to frotect us from that terrible evil and cala- lity, the British Constitution. E %. 84 It has been observed by His £xccl!eocj If Gorernor Sim- i" ono of his public expositions, that Sim- •oe could not alter coe " could not alter the charter commit- "*"'' ted to his charge," or render it, what His Excellency asserts it is not, the very " im- age and transcript of the British Constitu- « ll^: WH'i '-ii: m ^: ,.ii: tion. Neither can Sir F. Your committec in imitation will say,, ?A"u?\"muSafid neither can Sir Francis Head by his de- Coneututwn. tractive assertions impose upon us a *' mu- tilated constitution," nor has he the right I to impose upon Upper Canada the arbitra-| ry government of Russia or Constantino- ple, in place of the genuine transcipt of| which Simcoe was the bearer. But altho' Simcoe could not alter the law, and waal too great and good a man to do it, yet he| never had a successor who had equal pre- tensions to expound the meaning, eluci- date the provisions, and explain the scopel of the new constitution. He who foughtl with the U. E. Loyalists in the Americanl war and knew the worth and claims of the| men for whom the constitution was gen- erously designed ; he who sat and spokel in the senate in which the law was passed,! who was moreover entrusted with the du-l ty of putting it into operation, and whol from the Throne solemnly declared the! magnanimous gift of the British Constitul tion, to those who had been driven byl their loyalty to seek an asylum under it| was surely better and more competent au*] thoi ity respecting that law & constitution,! than a gentleman nearly half a century af-j terwards, who cannot see that the lawj creates an Executive Council, but can see] the vestige of a Legislative Council sur- viving its absolute repeal, until a Buccei* ■:^ 85 Bor was appointed; and that "in gorern- nient, iMPARTiALiTT is better than know- ledge." The Instructions indeed, are in ^j,. KiDg*« in- his eyes an important document; for accord- •tructions, an impor ing to His Excellency's views, the Execu- '"td«cum.«t. |tive Council was regularly constituted and declared in the "/A« King's Instructions'^ & of course could not have existed before it was so constituted. A quotation is made by Mis Excellency from these Instructions from which he argues, that the Council are only to be consulted occasionally. A a copy flnnubcd copy of these Instructions have been fur- i^y Lieut. Governor, nisbed to Your Honorable House by the Lieutenant Governor, your Committee found with surprise not only that His Ex- cellency had given a CARfiLKi) extract in a Oa,w.d «t,.et his quotation, but also that these Instruc- gVnn. |ti(Dns " in which an Executive Council was re" gularly constituted and declared,'''' according (to His Excellency's opinion, were actu- loliy dated in 1818 ! The Executive Coun- cil of this Province was therefore in His jgi;«tni.ti<»M dato4 lExcellency's opinion regularly constituted land declared in 1818! Upon reference to the whole of these instructions however, it will be found they ire not less liberal and comprehensive llian the constitutional act, had they been \onorably interpreted and acted upon.-~- '^our Committee deem it important that [lie instructions which have been so long ^ept in secret, should be made public, es- )ecially as they seem to be viewed by His pxcellency, to be of as much if not of instruoUoiw tf- lore importance than the Constitutional ^"" ^ let, and therefore beg to append them to this Report, marked t'. 'I' ■■■■■ » dGat and unalterable |attachment. That a Lieutenant Govern- )r should secretly countenance and cherish ^ system, which leaves him entirely un- checked in the exercise of almost unlimi- ted power, for which he is virtually irres- Jonsible is not surprising ; and more than )ne Lieutens t Governor, no doubt, while Jrofessing t * '»mintain amongst us the )rinciples of Iht^ British Constitution, hai ■ . F U ' ^ ^ h ,. rntmout \n\n liooii llouto i)ii.)iii thnn uiic«. id ucci'clly mioptcd Hiis uiiconHliditional s/S" tcin, b«ciuisc it oxlcndtMl IiIh power ami cMuibloil him to itululgo his arbitrary will ; but tiiat His Excellency, at tbo very mo- ment ho ad mitt} and cxpatiatQB upon the abuses and grievances which it has produ- ced, should announce his determination to continue it, and should gravely declare that the people of this Province would bo ruined i( they attempted to secure to them- selves " the very image ami transcript of tht Hrit "> ^'onstitution,'*^ and that such a Con- stituti'.. ' vould be productive of tho most vicious oL.Jcts,^* is indeed astonishing. Tho views of Your Honorable Housu on tho right and necessity of a responsible Govornment, and ot our Provincial ad- ministration being conducted on tho prin- ciples of the British Constitution, liavo been more than once clearly and fully ox<| pressed, sometimes to Hii Majesty, and sometimes to the Lieutenant Governor; sometimes directly and at others, indirect- 1 ly, as reforence to your Journals will am- ply show ; but in tho address to His Ma- jcsjty, during the last iSession, which ad-l dress is hereto appended, (marked H}| this principle was again urged — and fur-[ thcr, a distinctf but respectful intimutionj was also made, that tho House would en- force their rights by the Constitutionall method of withholding tho supplies fori the support of tho Government. The following extracts from the cviJ dcncc of James Stuart, Esquire, late At] torney General of Lower Canada, bcfora a Committee ol the House of Commonsi 21st June, 1834, afford tho opinion of afl ivcr ami iry will ; ery mo- upon the \9 produ- nation to declaro woulU bo 5 to tlicni- ript of tht ch a Con- f iho most jhing. 3I0 Housu Dsponsiblc incial atl- n tlio prill- itioti, »avo lid fully ox- kjeety, and Governor; 8, indirect, la will am- 1 o llis Mn- which ad- larkcd H)| 1 — and fur- intitnationj would en- istitutioimll iippliea foil the evi- late Atj Inda, bcfon lOommoiisj ii»ion of ai 4a abl« liiwyor, ihorougLly convrr«anl witli Colonial Goven nirnt. 11B2 qiifHitiori — The Kioculitro (/Oiinnil of lato liave pr§c- r,«frnrl« fmm .!«'• lu^dlly li»J v«ry lillle to hould pay the defulciUion," Uovernnient insisted upon their laying fresh taxes on thuir conBtituentu for it.-- In the same manner thoy allege they have sent up bills lor tho regulation uf the office of Mherilii that these also were rejected, and two following Sheriff 'h have lUilcd ; the oiio a defaulter of Suitoru' money to the extent of £27,000 ; and another lor a Icm amount. Those are not theoretical, they arc practical evils, and form just grounds of complaint." Again. " The Qovornor was instructetl tomjpply the want of an tho ineaimroe of tho npproprinlion bill by h own warrnnta on the Receivers, to u;''T;'''"7r ^ ■^" whom (he Taxes are piiid under the i)ro visions of the "C&> to tho iioople. '"^"^ ' ''^^^ ^*^^ "^^ '^ would be difficult to find out by what law such iuRtructions are sanctioned. This has been the course of prncecdinj? from lS22 to 1828, and it is much to be deplored that government should have persevered m long in measures, which however much they may plead the excuse of pressing emergency in the first instance, were illegal, and offensive to the rights and feelings of the pco« plo. If no remedy was obtainable in Canada, an appeal should have been Hooner made to Parliament, and that sore should not have been allowed to fetter 'till the Knglish and the French population have been almost brought into col- lision, and a wider separation between (hem in opinion on When distentions are onco riiiaod it h not aiwiiys poi^iltlo all matters of internal government and legislation had been rather encouraged than checked. Assembly after Aspem^ biy have been called together, in which the local authori- ties have wisely persevered in attempts to carry their mea- to fi>roiioo'tl)o means sure* by a minority at no time exceeding ton. and seldom •f sUajing thein. half that number, in a body of fifty representatives. And the committee must always recollect tho continuance of these disseutions has inflamed trivial difTerences on imma- terial points at first into serious additional causes of differ- ence and misunderstanding, which it is not easy now to foresee the means of allaying or removing." " I wish to add, tliat in any thing tiiat may have fallen from me in the coui-se of these examinations, 1 have not had the least intention of imputing blame to any pereoni connected with the Executive Government in either Pro- vince. I believe they have ncted under instructions from tiiis country, and that the difficulties they have had to con« tend with, and the discussions in which they have been in- volved with the Colonial Legislatures, were the inevitable consequences of a determination to pereevere in the system of government I have described to the committee, & which could scarcely have been avoided while that system remain- 40 lei) unrefi) "nned and unimproved." And to tho fotln^iri<; |(jue«tion, " Do you conceive it would bu iionuiltle to form u Jrcprcsenlatlon uiwn the principlu ol" ttilniiltins wmioof tlio Ifrrent towns 118 independent bodlos intoiironrnlRrntion, r>U(;h lasexislB in the north of Ocrmuny 7" To wlii(;h lie un»w«!r- '' I uin utniid il id too lute to altonipt lli<; iiitroductioii nfnew principlcsof llmt kind in Anir.ric;i. You muBt eiilior limprovo the syntcm timt exiotn on the rnodcl ofour m- ttiluliona ttl home, or copy from Iho simpler forms in pnio- Jtice in the United StatOH. No other mcliiod will he congc- Iniai lo Ihn habitm of the English or American inliubitanta \f Canada.^' The political condition of Lower Cn- iiftdn, as above depicted by tiie Riffht Ilon- )rable Edward Eliice, is too applicable to )ur own country : "It is with grief," aa a resolution of your Honorable ^^ollse has eTcprceced it, " tlio country iiaseei-n the irnprovi- llent contract under which the Huron 'I'rnct of a million of Rcres of choice hmds haa been nKsunied lo l»e givon, at nn liiioat nominal value, to n Company in Jiondcn, while tlio miimal instalments paid by them arc expended by tlie Pio- riticiai Executive, without the coneient of Parliament, and khe large amount realized by the Company from saleHat a Vciy advanced price, ara withdrawn from tlie Colony and Irnnsmitted to England. Thiroiiiirvc(l, or tiioiio uf a Hini|>l4rht to he found in the Executive Coun- cilof the Ptoiincc, but its ii'osition of the Execufivo Council, " as nuiy impart to it tiie ediciency and ••weight which it ought to possess." The ubovo Q,uebuc " Association" is [not composed of the Keformers in Lower Canada, with whom Mr. Speaker Papi- iieau's name is usually connected ; (altho* the Reformers there entertain the same views, but of gentlemen of wealth and in- Iflucnce, known by the name of constitu- tionalists or conservators, direclly oppoa- led to that party. It is therefore the testi- Iniony of persons avowedly determined to leiistnia the conslilution against any ofthp Imodifications hold by the other party to Ibe necessary and expedient. Your corn- jmittee would here subjoin the following lall important and liberal views of policy, lexpressed by the Canada Committee of Itho House of Commons in the year 1828, arising from a thorough understanding of A fi , .1 111 if' il !r ^:''" il'l: M'l' I: r All minor griovan COB may be easily re dressed. Attention of com mittee directed to M ■\ '%\ i>''i ^ ' 'ill I Anthorltiet. 54 the young frog and the ox — what assarance have we, that governed in the *' manner" we are, we shall ever arise from our pre- sent degraded condition. And your committee are led to the conclusion from a careful observation of| things, that the policy apparently intended to be pursued by the present head of our Government and that of Rehoboam, as recorded in the 12lh chapter of the first book of Kings to be very similar. The Executive Council, therefore, are established by law under constitutional responsibilities to advise "upon the af- fairs of the province," and to be assisting to the Lieutenant Governor " in all aflairs relating to the King's service ;" and in fa- vor of this proposition we have in whole or in part (he concurrent testimony, against His Excellency, of the above overwhelm- ing authorities, viz : 1st. The Constitutional Act. 2ad. Various Britieli and Provincial Statutes, referring to and recognizing the Executive Council of the Pro- vince •• appointed for the affairs of the Province." 9rd. Governor iSimcoe and succeeding Governors. 4th. The Royal Instructions. 5lh. Tlie Privy Councillors' Oath. 6lh. The general roseniblance between his Majesty's Privy Council and the Executive Council of this Province. 7lh. The nature and geniuH of our Governnttent and the general principles of the Conttitutioo. 8th. The House of iVssembly. 9th. James Smart, Esquire. 10th. iSir James Kempt, llth. Tiio Right Hon. Lord Stanley. 12th. His Excellency Sir P. Maitland. 13lh. His Excellency Sir J. Colborne. I'lth. The late Executive Councillors. 15th. The Report of the Canada Committee of 1896. 16lh. The Right Honorable Edward EUlce. 17tb. T. Stephsn, E«q. late Couniel to the Colonial Of&oe, 55 assurance iRth. Th« Quebec Aaiociation. 19th. The absence of any cxprcH proriaion of law orau- thority forbidding it. - - 20th. The unirernal admiasion of all claasea, parties, creeda and orders from 1792, until the arrival amongat u« of Sir r. B. Head. 21«t. Lieutenant Governor Hunter. 32nd. Tiio debates in the Brilisii Parliament on the paesago of Slst of the King. In reference to the objection of His Excellency that " it must be evident to every veil constituted mm(/, that in an infant state of society, it would be impossiblo practically to secure a sufficient number of impartial persons to effect a change of Ministry as often as it might be necessary >Bserteri that the for the interests of the people to do so," reeonrces of the (by the above it will be observed that His liavllx*!^*^^ Excellency, as in many other instances, has abandoned the constitutional object, and is endeavouring to sustain his posi- tions on the principle of expediency.) Your committee would state that on gene- ral principles the interests of the people could only require the removal of a Council when there were other and better persons ready to fill their places, and un- til such other and better persons could bo found, it is evident neither the people nor their interests would require or look for a change. The moral and intellectual resources of this country are suited to its wanlb, and. notwithstanding His ExcclIency'M sneera would loose nothing by a comparison with any other country, and in the opinion of your committee it would be even easier to form Councils from among the inha- bitants of this Province adequate to its ex- igencies, than in England itself for the i ^9j =1;,. 56 affairs of the empire. A really great man in thia country would soon find the means to organize our institutions for the prac- tical purposes of good government and peace of societj'. Liability to im Your Committee deny the pretended i>eaehment denied, all-sufficicncy of thc Govcmor's liability to impeachment for mismanagement of our affairs, for the following reasons : Ist. Because although such impeach- ment might be a punishment for mal-ad- ministration after it was done, yet it af- fords no daily check or ground against it hy means of advice or caution, and it seems to your committee that the impeach- ment should at most be only resorted to after a Governor had acted wrong with every local means afforded him to do what was right. 2nd. Because the impeachment or com- plaint must he made by thc injured per- son at a great distance, requiring a delay, expense and watchfulness ; out of the reach of the power or means of the suffer- er, who (if belonging to the industrious classes) might make out in writing a very informal or insufHcient case, however clear his merits, or be unnMc to retain Counsel and Agents hen* and in England to con- duct his suit. Limitation to such a reme- dy would practically be a denial of jus- tice. 3rd. Because the complaint would be made to a Minister in Downing Street, who is the patron of the Governor accu- secl, and besides the Govern'^r has nu- merous friends on the spot to exercise every influence and interest ii- iiis behalf. 59 The weight of this reason is increased by the difficulty of proving any act to have been done from corrupt motives. Even Rea«,iw why th* if a presumptive case could be made out remedy by impeach against a Governor, it would be contended «»««*"°°» "•"""•• that a clear and positive one must be es- tablished before the consequences of im- peachment could be visited on the accused; and how very many Acts of misgovern- nient their are, in their nature vexatious and injurious, against whicb it would be difficult ^o fix the charge of corrupt mo- tive, while it was palliated, evaded or ex- plained away as an error of Judgment, the deceptive assurances of others, a misap- prehension of circumstances, a mistaken policy or the like. For instance, it would bo in vain to proceed against the Execu- tive authorities for the erection (ai hereinafter mentioned, of 57 rectories, and certain corrupt exchanges of lands, al- though opposed to the well known senti- ments and interest of a vast majority of the Religious community. It would b« equally vain to attempt to institute such proceedings for many appointments to of- fice, as Surveyor General, Colonels of Mi- litia, the Commissioners of the Courts of Requests, and other offices. It would therefore obviously place the country in a desperate condition if the only meant of PREVENTING wrong being done was foun- ded on an institution of an impeachment for it, after it was done, before a patron of the wrong doer 4000 miles off, defended by a person intrenched in power here and sus- tained at home by family connexions, and the preservation of what is called the co- lonial tystem. The House of Assembly I ' W' ill of Lower Canada instituted a complaint of this nature against Lord Aylmer, in a most lolemn manner and with grc at unanimity, for most arbitrary and unconstitutional mis- government, but it only ended in his pro- motion to a higher post of honor, — altho' therefore an impeachment might be resort- ed to in extreme cases, yet it by no means supercedes the necessity of all local and constitutional checks, calculated to pre- vent ca se for so difficult, painful and un- des. ableacourse. This precaution against the occurrence of evil instead of merely contriving how it can be punished by im- peachment 4000 miles off, is the more needed from the fact that this impeach- ment would yield no redress to the per- sons injured, even if it punished the per- ■on injuring them. If all our local Gov* ernors were impeached, and all their es- tates confiscated, it would not repair the injuries of the most notorious nature, be- sides thousands of just complaints mur- mered only in secret, and either endured with patience, because the remedy propo- posed would be worse than the injury, or because, what is notoriously true, to pre- fer a complaint, however just, against a Governor insures a black mark againt his name, as a troublesome, a factious, or un- deserving man, whose future hopes are blasted, and his oppressions multiplied at every favourable opportunity, in variouaj ways, that elude all proof and conviction. What could be done to redeem the injus- tice against Gourlay, Willis, the late Uo- bort Randal, Francis Collins, and others! And if an unsufficient. blustering pretend- •r to learning should be made a Judge, 119 and all innocent person be thereby coti- victed and executed, he could not by im- peachment be restored to life. Your committee therefore desire again to reiterate their conviction that this alleg- ed liability to impeachment for misgovern- oient, was never intended, and ought not, to supply the pLuco of an efficient state of these institutions, wisely provided by Law, not to puniah, but to prevent wrong ; a course as desirable for the Parent 3tato as for tho Colony; and although His Ex- cellency has been pleased to state to the citizens in answer to their Address, his un- wiUingness to be deprived of " the only '* consolation which supports any honest '* man in an arduous duty, viz : — the re- ** flection that he is ready to attone for *' every error be commits, and that he if *^ subject to arraignment if he offends;" yet tliis consideration either as a motive or a remedy, is so false in morals and so pue- rile in political affairs, as not to need fur- ther commentary. No better guard against both corrupt and unintentional misgovern- inent can be devised with our present Con- stitution than an efficient Executive Coun- cil, composed of persons of established character, to advise the Lieutenant Gov- ernor in public affairs. 4th. Because there are such change of Colonial Ministers, that there might be half a dozen in succession before a suit could be cond acted to a conclusion — and the justice done by one Minister is often undone by another. For instance, in Low- er Canada, Mr. Gale, who gave such evi- dence before the Canada Committee of 1828, tm to oblige the Right Hoaor- Liabilitj to im psachment was never intended to luppl^ tho placo of in«tita- tiona providod ^ law. h :< hi :!■ 9,*' No better guatd against mis-govern mont than efficient Executive Council. IP" able Mr. S llicc, Mr. Otto'n npiinint mtnt to \\w m; pring liicc, to pronounce liim unfit for nny olnco of iniHt, wnn npnointod a Judge by Govnrnor (ionrrnl Aylmor, 'vhoHO active pnrti/.nn ho Imd boon. Whrn the mows of this nppointmrnt : i*r «^n^r«VX"''''Mr! rmc\m\ Knglnnd in tho Aiitumn of 1834, iJicn but i.y Lor«i Mr. Rico hnd bocomo ColoninI Hocrolnrv, AbanlMit who nddrcssnd a dospntcb to Lord Aylnicr, snying ho could not confirm Mr. (irnlo^s np- pointmont. Mr. Rico wns soon succood- od by Lord Abordron,nnd tliercforo Lord Ayhiier disrognrding tho commands of Ex* Minister Ricr, nnd tho known sontimonts of the people nnd their reprcsontntivei, procured from the siiccesior of Mr. Rice, A confirmntion of Mr. Gnle's appointment, who 18 still on the Lower Canada Bench, although Mr. Spring Uice, on the 0th March, 183.'), being ngnin in power, in n speech in the House of Commons, reiter- Atcd the denunciation of Mr. Gnle as nn improper person to occupy thot station. Vour Commilleo find the some doing by ono Minister and undoing by another in the affairs of our own Province, which is unhappily misgoverned by tho same poli. rv, under tho same Constitutional Act— For instance, the late Attorney and Soli- citor Generals were dismissed from office according to Lord Goderich's Despatch, because they opposed the avowed policy of His Majesty's Government, in making cer- tain concessions to the wnnla and wishes of the people, nor did His Lordship seem at nil to notice the personal indignity they had audaciously olTcred to himself oven as a Minister of the Crown — but no sooner crftwn ofRcerii dis ^gg Lord GodeHch succcedod by Lord S'tlSi.*"^' Stanley, than the decision of the former, 01 in ftivor of llie riji^litt nnd liboitiei of the people, WM Uv the latter cnncnllud, and (lin Hnlicitor Gonornl put hnck ngnin into oiKco, to iho f^roat disBnlisrnction of tlio couiitrv, nnd tliu Attorney GonornI ftcntai Oiiof JuBtico to Nowfouridland (o create now BcenoH oftroublo nnd diascnsion there. 5tli. nemiise, when in the yenr 1031, His MnjoBly suggoAted a further provinion for the Civil LiHt, which llieCoIoniiil Minister, icqiiired to ho made, for seven years, or for the life of the I\inf(^ the terms of the pro- poHition were not candidly submitted to iho House of Assembly, but were sup- nrossed, for the purpose of securing a hen bargain nnd for his boosted adroitness in managing it, Ilia Into Excellency was oiricinlly commended. This undue nnd impolitic concealment fo unworthy n great ntid mnffnnnimons Government, was prac- tised with the aid of the executive influT cnce to carry i\ measure injurious to the constitutional liberties of the people ; l>ut the uscfulnsss of any complaint against a Government for puch unworthy policy is apparent, when we see, ns in this case, that such liberal instructions are violated, and the mischief accomplished with impu- nity, although it merits dingrace. Vour committee cannot therefore regard ns satisfactory our mere nominal right to appeals to Downing Street, where the just- eat decisions in favor of our rights by one Minister, are with seeming indifTurenco nnd impunity reversed by another. ' 6tb. Because the pretended responsibil- ity to Downing Street has been in full operation for nearly lialf a century , and ti*! p [:■ ' hm \l^ we Imvc therefore against its aufficiehey the uniform leslimoiiy atibrcled by our misgovern mcnt during nearly the whole of that period. By this system we have been •tript of the public lands and resources, and reduced to our present condition — and having thus suffered in the past, we cannot look for better in the future, if we snbrait to a continuance ol' the same system as has brought such a visitation upon us. 7th. Because altho* his Excellency profeg. ecsto be responsible to Downing Street for the Executive Council as well as for him- self, yet it is, according to His Excellency, '* unreasonable that one man should have *' to bear another person's blame." ResponBibiiity of The profcssed responsibility of His Ex. the Lieut. Governor ccilency for the acts of the Council, in case of default on their part is novel indeed. Your Committee can understand well enough how the adviser becomes respon* sible for the acts of the advised, but how the actor can become responsible for the advice on which the Act was founded is beyond their comprehension. A comparison of our Constitution with that of the Parent State, justifies the lan- guage used by Simcoe respecting it. In England they have a King. — In Canada we have his representative. — In England they have a House of Lords, created by the King.— In Canada we have as a sub- stitute a Legislative Council created by the King- — In England they have a House of Commons elected by the people ; in Canada we have a House of Assembly elected by the people. — In England the King has a Privy Council to advise him up- diicuued. n luf^ciehcjr }d by our e whole of have been resources, tion — and we cannot we submit system as upon us. icy profeg. Street for IS for him. Ixcellency, lould have >»* >f His Ex. cii, in case el indeed, and well 3s respon* but how lie for the funded is ition with s the lan- ng it. In n Canada England eated by as a sub. reated by a House eople; in !\.ssembly land the e him up- on the affairs ofthe empire. In Canada he has i\x\ Executive Council to advise hin» and his represeniativc upon the uiTuirs of the Province. . . This is emphatically the *' very image and transcript of the Britisli Coiistiiuiion.*' But it becomes a muiilalcd constitution, and a sorry one indeed, when Sir Francis Head obliterates the Executive Council, or makes it in his own language ''mute/* "defenceless," "irresponsible," sworn to be '♦ dumb." — That the King, Lords, and Commons, and the Cabinet Council per- form certain acts in England, that are not authorised to be done by the Lieutcuant Governor, Legislative Council and House of Assembly, and the Exocutivc Council of the Province, your committee do not deny — for instance, the Parliament of Great Britain legislate for the empire and for the regulation of trade and commerce, &.C. with other nations, and the Cabinet Council advise the King relating to the negociations going on abroad as well as for the welfare of the local affairs of the kingdom, and the appoitument of certain high and important offices, while in Cana- da the legislative duties of tbe parliament are more of a local nature, and so with the matters to be advised, and consulted by the Executive Council, it must be clear, that it no more follows, because the Eie- cutive Council are not to be advised on precisely the same matters that pass under the revision of the Cabinet Council, that they are not to advise at all, than it follows, that the legislature here are not to legislate on any matter because thej are not allowed to legislate on all^ or preciier f ' ■■::m 1 f ■ ' t i^ Iv ih« Mnmo matters that are considered iu tno Britislk I'lirlininunt. »* » It will bu observed tliiit His l^iXcelloncjr allowM, (Imt "iftlie Lieutenuiit Governur Btood in llio place of tiic Sovereign," on Ex?ontntive8. ' • ' ' i 1 he responsible minister in England, would bo disgraced by attempting to con- tiiuic in otlice, for one single day, aUcr losing the contidence of the House of Com- mons, so if he be merely n miiuster, he does not do as other ministers do ; but it is beyond contradiction that he is some- thing more than a 'minister. Who ever heard of a minister in England doing and performing the acts thai the Lieu- tenant Governor is authorised to do and perform here ? both by the 31st of the King and the Royal Instructions. By refer- ence to the iuQtructions it. will be observed that the government of the province is spo- ken of as the government under the Lien- tenant Governor no less than five times : in section 9, the words " in yot/r Government," are used ; in sec. 45 the words " through- 65 out ffour govarnminr nrou8!)i. it (jovernor is something more than a mere minister, and which clause outrhf, in comnon fairncHS to have ken quotrd by Mi,« .'Excellency with those ho (lid quote in answer to iho Council ; by it then IJis Exeolleuey, v^ifh the mfvica of the Executive Cotnicii, may take, order, do & perform all such matters and things as arc lor the pence, welfare mid prosperity of the country ; in short, may even df, clare nnd commence war, it is as follows: "if any thing shall liappcn which may be of advantage or security to our Province un- der YOUR Govr.RNMF.NT, wliich is not iicre coatainod (or by your commission provi- ded for,) Wc do hereby allow unto yon, coveruw! with the ADVICE and CONSENT of our said Executive Council, to take order for the present therein." It will be obscrFed that no minister w Powori of the L't ffpfpF lill i If i even authorised to do what His Ehcellciv. cy can do. He calls together the Parlia- ment and opens and closes it, with a most gracious speech from the throne ; — he pro- rogues or dissolves Parliament; — he gives the royal assent to bills, by which they be- come laws ; — he appoints to and dismisses from various. offices — no petition or remon- strance is received and acted upon by the Ring, (not even from the House of Assem- bly) except transmitted through him; he may even declare and commence War. Your Committee will not believe that anj one, possessing a" a well constituted mind" will deny that he stands in need of ihe best advice possible to be obtained,to enable him "impartially" to perform all those duties, & which the Constitution has wisely provided, It was recommended, as a remedy for Executive council Prevailing and increasing grievances, that the Executive Council should be allowei to advise the Lieutenant Governor upoi public affairs before he acted on them ; am this might be hoped to be a '•emedy, be cause if good advice were given, it wouli (it must be presumed) be adopted ; ani if bad advice were given, it would be r jected or corrected. This doctrine is pro nounced by His Excellency to be so uncoi stitulional., vicious and theoretical, as tl prevent his retaining the late Council il his confidence, unless they retired fron such principles. Your Committee in gi\ ing a frank and free report upon this id portant question are obliged to expresl their belief, that His Excellency was m so much shocked at the doctrine as he wal averse to its practical bearing against bj own arbitrary pleasure, and they hai a remedy against Orievunces. 1^ 67 come (o that conclusion for the following reasons : — 1. Because His Excelbncy compares i„ what eases B«. this late Council lo "a sterling fund upon ecutivo council to b« . . • • • 11 » L consulted or not. which he can constitutionally draw when- ever embarrassment requires it." 1 The objection, therefore, is not made so much against having Councillors, as against tiiking their Counsel till driven by embar- \ms&mmt to do so ; of which embarrassment [he claims to be the solo judge, although lit does seem to Your Committee Jnexpedi- lent and unreasonable, that His E'icellency Ighould pursue his own unadvised pleasure lin every thing in government that is gra- Icious, acceptable and popular, and only [bring His Executive Council into the field [whenever the pursuit of such unadvised [pleasure has produced embarrassment, [odium or difficulty. I 2nd. Because the Lieutenant Governor [admits that " to enable him to perform the ■' arduous duties of his office the constitu- tion has wisely provided him with an Ex- 'ecutive Council, competent to supply 'him with that local knowledge in which 'he may be deficient, and to whom he "may apply for council or advice." Thus he admits the wisdom of the institution, nd the purposes for which it was provi- 'ed; but he avowedly wishes to make an xpcriment(at the expense of the country) f the extent to which h^ can carry on 113 government, without their aid. 3!\1. Beciiuso he ndmits " the advantage of puch a C'ouiicil to a Lieiitonaiit Gov '■ TA Opinion of I,ieut. ,^ . , , , , Gnvcnior on Uiosub. ernor is so se;t-v'!ViJ^:it, liiat no nwm be jact. /r ... Mvoak and soK'siifficieiit, in'.!;?ccl, who does not contiuualiv Iiave recoursio to it." ;:;i m 68 Thus the advantnge is fully admhted, but his obvious repugnance is ngainst a- vailing himself of that ndvantngc oftonnr than he may ph}asc, and with his late Coun- cil for the three weeks they Uf?re in ollic« ho did not please to do it at al!. Jle nd- mils the advantage of such help, bui lie repels the j)ropo!sition to receive it before "embarrassment requires it," whtnit might be too late to remedy the evil. 4th. Because he admits that the Execu* tivc Council strengthens his judgment.— But he betrays repugnance against the proposition to strenglhrn his judgment when he happens to tlii -'i r ilrong enough without it or to confer digi t'Ci.ii«j the Executive Cuiincii, "I Nhall consult ijiein ns unreser- vedly as I bud promised to couisult iboso who have Just resigned." Thus it appears ho hnd promised to consult iheni unrcscrva/h/ ; but be tlr.ims the reservation to consult ilieni only at bis picnsure, viz. when " embarrassment re- quires it." 9th. Because His Excellency asks the citizens " wliy then should my Council, '* whose valuable advice (if it were not " forced upon me) I yhould be mostanxi- " ous to receive, be required to demand "of me my responsibility?" Thus it ap- pears that the objection is not against a Council, but against their advice, being " forced upon him" when ho thinks bo needs it not, viz : — before " embarrass- nicnt requires it." From all which your committee are obliged to report their b(di( f lliat His Ex- cellency was not so much '?hv)clc('tl ut. the i''" '-> <•< v(riMtr to doctrine of the Into CJonncil ns he was Ii;,„t;r:n,",."r!'m averse to its [)raclical bfarinji; ngfiiiist his «'k I'riciiri.i 'r,ri„g own unadvised arhifraiy pb-asuio to diaw ;';^"^ '''•i^i'""y i"'-''^ upon their sterlin;^ fund only when " em- barrassment requires it." His Excellency in his reply objects to the views oi the late Couucib because "it m Tlio npporition of M 1*"^ .t 'P !!'• objootlnni) to (he TinwM nf tlin oounoU not wnrrantcil hv llio •ta1(>m«itt* Airiuolu'il to *» woiiKl be cviilnnllv unjust towartli hitn •♦ (hat lio shouM ho liable to impenclimcnt Thel.l.Onrerrtoi'ri " tOJ* "">' f^^<« ^Ut Ilis OWH." IJut ifl tllO tP- presentation of the lato Council, furnished your Honorable llouf^e by His FiXcellcncy, there is nothing which ploces things on Uui^i'""" ''^ "'" such n ibumlMtion. They merely proposed to give utlvire upon public nlViiirs prepara- tory to His ICxccllency's (liscretionnry ac- tion tipon those nllinrs. The acts of Hia Excellency would not be the less his own, because he received good advice before acting i nor woidil he under such odvico, bo less liable to impeachment, while ho certainly would be less likely to deserve or incur it. torporntton nddreiM. Your committee regret to notice in U'm Excellency's answer to the City Corpora- tion, that, he charges them with begging leave to name for him other individuals lor the station, (the Kxecutivo Council) be- cause when so exalted q public functiona- ry as the Kepresentativo of His Most Gra- cious Majesty i.«» betrayed into inis-nuota- tions or mis-representations, manifestly not justified by the document (V«>ni which they lire professed to be lak«n with candor and truth, it is calrnlated to impair the weight nnd dignity of the high station and induce by i(s perniciou.s exani[)le a laxity, on such en!>jects, in the public morals. For it is plain the City Council in their addreSo (\r. tin? njipendix marked H) name no individuals, bnl leave Mis Excellency in tlic tVce exercise ol the IJoyal Prerogative \o iReltiuaabIo. The allppcrl ar- rartgomcnt hI'ows a want of candour in bU £xooIloncy. The Lt. Governor is not correct iu pay ing that the nrrangu- meat was disputed hy the council, but that it wan broken by himintir. 72 The late Council were cnlled upon *♦ to retire from liis confidence" if thry did not " retire from their principles" — but tlicy could not retire from their prt net pics ^ and were I theioforc obliged to retire from his confidence. To present to (lie Into Council a dislio- norriblo condition upon wliid) to remain in I tlie King's sci vico, jukI then nIlf«To refrret, at llioir dccliniiiy; iljat condition by tender- in!*- their rrsij^naiion, oblifrea your com- mittee t ) report their belief eilher tliatl His Iv\cel!e;;cy really felt no sncli regret as is alleged, or that he did not fool the re- pugnance honorabiy expressed by Mr. I iJaldwin, to the abandonment of princi- ples for the sake of placo. 2nd. There is an alleged arrangement— I Now Your Committee cannot but notice a want of candor in this matter. The terms "on all subjects respecting which I mayl feel it advisable to require ii" (advice) nrcl obviously indefinite, and could not, Your Commiilee think have been anticipated by| any to mean '''•no advice at all.'''' If Ilis Excellency intended the abovel as a mental reservation enabling !;irn toj convert His Council into cyphers or mutesl he should not have coupled with i - expresj eiona implying the reverse; for in the letl ter from which this alleged arrangemeiitl is deduced, Mis Excellency assures thenj of His *' implicit confidence." But it appears to Your Committee tliatl the circumstance of adding three new| Councillors with the assurance to them his "implicit confidence," amounted toaul arrangement, a declaration of an intentiosl to advise with them freely, "implicit conl ilisisi fiiil pon ** to y did nol -but they and were confidenrx, \ tt dislio-l remain in I jTo regret,] by tender- our com- 1 ilhcr thut nch rcgrelj foci the ic- d by Mr. I L of piinci- ingemcnt— I ,ut notice a| The tcrmsj liich I may advice) nrel not, Your icipated by the abovel |Ung hirntol •8 ctr mutes,! h i ^ expres- Ir ill the letl ■rangcmentj isures theml itnitlee thatl three ne«| to them lunted to ail ^n intentioij iplicit conj 73 fidenco^ cannot be manifested by placing none; and when His Excclloncy's letter to Mr. Baldwin was publicly read by a mem- ber in both Houses of Parliament, no one construed it to mean an arrangement not to consult the Council at all; insteiJ therefore of admitting that the late Coun- cil, as alleged by His Excellency, " alto- gether in a body disputed the arrangement^" Your Committee consider that they had ra- ther cause to complain that the arrange- ment was broken by him: for the detention of them three weeks unconsulted in the Council in the most urgent season of bu- einess was a palpable violation of the pro- mise to repose "implicit confidence." In his reply to the same address he adds, MiMppreMnution •' I shall consult them (the new Council) SS cot^ln*"" " as UNREESRVEDLY as I had promised ' to consult those who have just resigned." This language shews that " he had pro- mised unreservedly to consult his late Council," and such the public universally understood to be the case. But as His Excellency accepted the services of the late Council and " with pleasure" promised to give them his " implicit confidence" and to " consult them unreservedly." Your comi.iittee notice with pain the inconsisten- cy of such declarations with the attempt to I criminate the late Council by misrepre- senting them as having first voluntarily en- tered into an opposite arrarjgement and |then alr.ogcther in a body disputed it. Your Committee addressed a letter on lllie subject to Mr. Robert Baldwin and iDr. Rolph, both of whom they have also examined. (See Appendix marked T.) I"' Ih 74 From the letter and evidence Your Com- mittee collect, that no "such arrangement," The letter rocoived ^9 is alleged by Ilis Excellency to have by iho council from jjccn " sliicc disputed," cvcr was mfido his ExcoUoncy did ,,, . • j • i i • j >»\ not tigroo with the (" to givc advico oiily When required, ) nrrangomont prnvi- that uo such "forcvvaminff" was "ivcn Ihcm ouslviiiadoiinditwas /• i ^ i • j fiisnt after thoy wore or protessicd to bo givcn, or cxprc3sed or tiT'T* i'?" ^'^^"'^ implied, but on the contrary, that the Coun- ay e/ort. cillors wcrc told that Ilis ExccUoucy's doors were open for them to give advice on any subject at any time ; that the letter now construed by ilis Excellency into snch a limitation, was not the same in words or substance as the one arranged and pro- mised to be given, that although it is dated the day before the Councillors icere sworn in, it was not delivered till afterwurds, when the changed features of the letter appear to have struck witli surprise the persons to whom it was addressed, and which letter from motives of delicacy explained in the evidence, was not returned as its disinge- nuous a{)plicalion was not anticipated. That the proposition out of which the letter grew was not made till the tmrotiation wasoD3i\ and tlie lln'ce nnw Councillors at- tended by previous desire of His Excellen- cy to receive a formal united invitation, and that it thnn originated not with His Ex- cdhncy but tvith Mr, Baldwin. fi.. » ♦.™„,.f «f f^he statement therefore of His Excel- TIio stntPincnt ot • .1 ^• i- ■ ■ Ills KxccUcucy res- Icncy, appears m the same discreditable pocunR this icitor is j- j^^ ^^ ^j^^ discrcpaucy between His de- worse than hid reply » , . -rr j, * \\ ti f about the contintient uial to xour Honorable House of any Go"vornment!" "'^^'^^ ^^•'^^'"^"^ between any members of tlie| present Council respecting the contingent administration ol the government in casi of the Lieutenant Governor's death or ab r Com- ment" 3 have I made lired,") 2X1 them used or c Coun- yr's doors ) on any tier now ) such a words or and pro- .!/ is dated sworn iiii, when the appear to persons to bich letter led in the 3 disingc- puted. which the nei(otiation iciilors at- Exccllen- invitation, th liis E.X- ' .lis Excel- ^creditablo l\\ His de* Ue of any [ers of thel 1 contingent >nt in cas«| [eath or ab- T5 ec^nce from the Province, and tha ndmis- eion of the facts bo denied by two of His present Councillors. Robert Baldwin Sul- livan, Esq., and the Honorable Captain Bildwin. Indeed, it is, if possible, worse, because the mistake is intended to rrin)inate the late Council after their dismissal. Vour Committee feel bound to notice Another f««i#(m of one other of His Excellency's reasons by •"'? Excellency why I'll li . * L .1 i II '"'n would eiiBue if which he attempts to shew that we would wo had the "imago" be ruined if we had the imaffe and trans- ^'^- ?*" *•»• ^"'"'» cript of the British Constitution imparted to us. His Excellency, when replying to the citizens of Toronto, n^ks with appa- rent triumph, "supposing it were to bo " argned that (our-fifihs of the members "of Your House of Assembly ought im- ' mediately to be dismissed because in " proportion to the population of Great " Britain and Ireland there exists five " times as many members here as in the "English House of Commons, would you "not think it very irrational that this nobis '* but thinly peopled colony should be made " the exact image and transcript of the " British Constitution, merely because ♦'Colonel Simcoc happened to use these 1 words &c." Without remarking on the strange idea lot His Excellency making the people of la colony into a Constitution, Your Com- Imittec beg merely to give an extract from the remarks of Lord Grenville in the louse of Lords in the discussion on tho passage of the Act SIst Geo. 3. as a reply io the remarks oi' His Kxcelloncy, and [be applicatioil. » i m 76 li i I I I:' Extract from the speech of Lord Gren Tille on tho paRsago of the Act Slst Geo. 3rd, contradictory to that of Sir F. Bond Head. Sir F Bond Hcad'a yiaw of government. * They did not mean to give Canada etactly th« ** same Constitution, as, for instance, five hundreJ *' and fift)r-eight representatives. That 'was impossi- ble in the nature of things ; but their great object " hnd been to adhero as nearly as possible to the pu- " rity and principles of the English Constitution in " every part of the bill; •*•**** His Lordship (also) " said, it was undoubtedly a mistake to suppose that '* any government was free only as it approached] to ** democratic principles. Absolute monarchy, absolute " aristocracy, absolute democracy, had, in the histo- ** ry of mankind, been tried in the scale of expo- " rience, and had, been found wanting. Our own *' Constitution, which was compounded of these '^ three, was tho first in the world, and the envy of " every surrounding nation. was for that reason '* that they were now about i ^ ''communicate the " blessings of the English Constitution to the subjects " of Canada because they were fully convinced that " it was the best in the world. The Legislature of " Canada consisted of three parts, representing that '• of this country." It is said in the reply that " in government, impar* ** tiality is better than knonrledge, and it must be evi- '* dent to every well constituted mind that in an infant *^ state of society it would be impossible practically " to secure a sufficient number of impartial personi " to effect a change of ministry, as often as it might *' be neceaiary for the interests of the people to d« Criticism of com. 9U tne above view. •• 80." Upon the truth of this maxim " in Go- vernment impartiality is better^than know- ledge," Your committee forbear to offer any extended comment, but they cannot conceal their disgust at the offensive man- ner in which it is applied against the mo- ral character of the people of this Prov- ince. Ho appears to your committee to I have assumed the government with mosi if 'I t^ I 7T lUodreJ ntpossi- t object tho pu- ution in ip (also) pose tliat ached] to , absolut* the histo- of expe- Our own of these e envy of hat reason inicate the he subjects vinced that gislature of senting that it \ii Go- Jian know- IT to oflfer Ly cannot Uive man- It the mo- [this Prov- jimittee to Iwith mosi unhappy prejudices against llio country; for he alleges certainly with very limited means of personal observation, that there is a lack of " impartial persons''^ to form a new Council on any occasional change ; and your committee lament to hear that His Excellency is surrounded by, and gives his credulous ear to irresponsible and un- worthy advisers, who poison his mind a- gainst the moral and intellectual merits of the people he is appointed to govern. In his reply to the address of the citi- zens he expresses his estimate of the knowledge and tasto of the public by con- on reply to addr- descending to "plainer and more homely of the citizens language," (and both plain and homely enough it is) ; but besides thus reflecting upon Canadian understandings. His Ex- cellency further impeaches their good mo- rals by declaring there are not •* impartial persons^^ enough in the country to enable him to seek adequate changes in the Coun- cil. It thus goes to England with the highest official authority that this is little belter than a country of rogues and fools. — In Canada His Excellency with the temeri- ty of a stranger and the assurance of an old inhabitant, presumes to testify that there is not a sufficient number with heads and hearts yielding knowledge of impartiality to aid the good management of our own local and internal affairs. — Should the history of this Colony be ever icoUected from the secret despatches in [Downing Street (of which we have had frequent specimens) posterity will form a very erroneous and unjust estimate of the talent and virtues in the country — low, in- ; 1 :i m Ttefnrenea to Par. (onago dooumoat*. 57 reeteriea eonatl tBled. m .M 'r ': f .11 II 79 deed are we placed ia the scale of human nature. While engaged in preparing thig report the attention of tlie Committea has been suddenly called to the documenta referred to thorn on the 4th of April respecting the erection and endowment of parsonngos thro'.igliout the Province and llie exchan- ges ot dillbrcnt portions of the Clergy Re- serves ft)!* other property (which are hereto nppontlcd marked P.) From these documents it appcaris that within the past year fifty-seven rectories or parsonages "according to the establish- ment of the Church of England" have been constituted in tnis Province by the government under the great seal of the Province, and have been endowed out of the Clergy Reserves, in each case varying in general from 400 to 800 acres of high- ly \ a uable land chiefly in old town?«hij)s and in some cases within towns. Bubjeet tothapr» To these rectories or parsonages min- in 31 Goo. 3. istcrs have been or are to be presented, as are their successors in future by the gov- ernment, and they are, according to the thirty-ninth clause of the Constitutional Act " to hold and enjoy the same, and all *' rights, profits and emoluments Ihereun- " to belonging or granted as fully and am- " ply, and in the same manner, and on tlio ** same terms and conditions, and liable to *' the performance of the same duties as *' the incumbent of a parsonage or recto- *' ry in England," and the next clause of| the act provides for the exercise of^spi- " ritual and ecclesiastical jurisdiction anil •' authority" " according to the laws and 79 Coarts will be esfnW.T f' «^<^«'«s'a8'ical 70 .fully exerci'e «uc '.ti",' 7 °i''"» " ' cles.as.ical jurisdiction " ^'""'""'"nd cc- on.-iges or rectories" with n il""'" ''«"■- tive townships in which L ''''"''«<'- may'eS'.ho':o"n ""'' ''"' g-ernment to t me." So thM H^;"- ""'-'ges "from time u,i':'^''""-«.J succeeds, whic I, l „' ^ ''"''' "P'">»^^t f^'S'^r^^^ -y expect ,,',:? t'h^ ' rJs^^n P'^"' "'^ °°"''"' will rece ve further en,l„ Paraonagcs 'he number of the^n "'""'' »"'' '^at -ultipiied amongsTu /Co^f M "'" '"' calculation. " ' ^^°"'' "" Pfcscnt ">ra of the Church „f1.i,?"! "^"'Sy- ., Su„.„d., „f ,„j ce^ed fioni .1,1 „ '^"gland have re. *"■ '«' «""t7 ^ for of han, «00 in E„^°,7,^'''P°Vf''Pe. 300 in ' The Rev. Beniami,? r '" Seymour. , »cres of land with » . 'n' ^'" «'"-'-«'idera „ H .ho remaind'e'^in'rCtS "' ^°'"'''"' :l:j ' !l i •'III ■ill It H ■ I'' 'f Rov. F. Evani. Hov Philip Mayer- hufier. Rear AJrairal Van SiUart. T'heso exchanges oidde to the clergy independent the an. nual allovvunce made by the Govornment. These endowments made in contempt of all remonstrance to the contrary. ( • k 80 The Rev. Francis Evans surrenders fiO acres of a Clergy Reserve and 50 acres in Woodiiouse, without any house or building, and he receives 800 acres in Walpole. The Rev. Philip MayerhofFer surrenders the rear part of Lot IMo. 17 in the fifth Concession of Markham, containing 70 acres, without any house or building, and he receives Lot No. 19 in the same conces- bior of the same township containing 200 acres. All comment upon such transactions ia superfluous. But most astonishing of all ilear Admiral VanSittart has been permit- ted to share in these good things for the benefit of the church, and has received in exchange for a house, two acres and two lots of land iu Blandlbrd and 26 acres, in Oxford East 3690 acres of valuable land! The land thus conveyed to them in ex- change becomes their own property and will not belong to their successors. And all these endowments and all these grants in exchange for messuages and lot8| of land are in addition to the large regu- lar allowance that js annually paid to themj by the Govcrnt7ient, out of public monies of the Province without the knowledge or| consent of the people and their represen- tatives ! Thus in one year, in contempt of all oiir| humble remonstrances and earnest protesi tations against Church Establishments atidj Government patronage of Religious bof dies fifty-seven government parsons have! been established in this Province and eiil dowed out of the Clergy Reserves ; estal blished and endowed under the Great Seal but ah explicit subject 1831, ii not be If'^ 81 10 give it peculiar Boleinnity, and, if pos- lible, to make it irrevocable. In this way has the Government opened a new source of political influence and power, and not only established a State Church amongst lis, with "spiritual and ecclesiastical jurisdiction and aulhority," but a State Church, of" which the Govern- ment is tlie universal and sole patron, hav- inijthc cxchisivc ri<_dU of malviiii; the pre- eerftalions orappoiiitments of the niinibtera of thes{3 difTfrent p;-irfy considered how far such an appropriation of Territory is eor;:hicivc cither to the temporal vvelfare of the Mini?>ter»ot Reli- gion in this Province or to their spiriinal infiiienco. Bound v.o Icsh by his personal feelings than by iIjC saried obligatiojis of that station to which rrovidence has called liini to watch over the interests of all tho Protestant Chnrrlirs within his dominions; His Majesty could never consent to aban- don those interests with a view to any ob- jects of temporary oiul apparent exps- dieii.'y. "It hag, therefore, beon witli peculiar satisfaction, tliat in the re nit of his inqui- ries into this subject. His Majesty has found, that the changes sought for by bo large a proprrtioii of tiic inhabitants of this Province may be carrir^d into eOcct without sacrificing the just c.liiujs of the established churches of Enr:ln!id atul Scot- laud. — The waste lands which have been Bet apart as a provision for the Clevgy of tho»c venerable bodies havo hitherto ffir^ , 1 .■■>''■' . ■ '■ ! |[ 84 yielded no disposable revenue. — The pe- riod at which they might reasonably be ex- pected to become more productive, is still remote. '* His Majesty has solid grounds for en- tertaining the hope that before the arrival of that period, it may be found practica- ble to aiTord the Clergy of these churchea Bnch a reasonable and moderate provision as may be necessary for enabling them properly to discharge their sacred func- tions. *' His Majesty, therefore, invites the House of Assembly of Upper Canada to consider ho*/ the powers given to the Pro- vincial Legislature, by the Constitutional Act, to vary or repeal this part of its pro- visions, can be called into exercise most ndvantnjjjoously for the spiritual and lem- I)oial interests of His Majesty's faithful Bubjecls in this Province." Surolv, this was a pledge of no ordina- by^urMTstrnt- 'T ^'o'^'^'^'^y on the part of the Govern- verniiieut in losptct nicnt. uot to piocccd iu opposition to re- presentations which had, at different times, been made to His Majesty '" by so large a " proportion of the inhabitants of this to the reserves. (( Province." Which haa Tloktud. been I'o establish and endow these Rectories inopposilion to these representations was as llngrant a violation of good faith as can well bo imagined. In Lord Glenelg's instructions to His Excellency, it is distinctly intimated, that •truoti«uiojjtho8ub the disposal and appropriation of the >•*' Clergy Reserves are to be left, for the present at least, to the Legislature of the Province. Under those circumstanc«i, Lord Glenoid's In -The pe. [)ly be ex- ve, is Btill \s for en- lie arrival practica- churchea provision ing them red func- nvites the 'anada to the Pro- istitutional of its pre- cise most and tern- 's faithful 10 ordina- 1 Govern- ion to re- •ent times, so large a ,s of this Rectories itions was ith as can ns to His pated, that of the t, for the ire of the mstanc«i, 86 hoir cati the pfoceedings of tht Gorern- menl in the formation and endowment of these rectories, and the exchange of lands (evidently a system of jobs) be reconciled with a decent regard to good faith and jus- tice to the interests of the province or to the well-known and often declared wishes of the people ? The reflections which such a question suggests are painful and mor- tifying. Measures, most deeply aflccting the Measures adopted pence and happiness of the people, their cpnt^ary to the opi^ » . . , i ^ .. ' 1 , nions and fechngi or opniions and feelings, are adopted, not on- tho people, ly without their consent, but in opposition to their known and unanimous wishes. — To continue our complaints seems equally wearisome and useless. Lord Glenelg declares in his instruc- tions to His Excellenc}, that '' Parlia- "mentary legislation on any subject of ex- "clusively internal concern, in any British of ParnL^'J^arrT, "colony, possessing a representative As- gisktioa. "sembly, is, as a general rule, unconsti- "tntional and that to withdraw from the " Canadian to the Imperial Legislature, "the question respecting the Clergy Re- " serves, would be an infringement on that "cardinal principle of colonial govoru- "ment which forbids parliamentary inter- "ference, except in submission to an evi- "dent and well established necessity." These are the professions of the Gov- ernment, b'jt what lias been its conduct? In 182/, an act was passed by tne Im- perial Parliament without even a pretend- ed necessity, and without tl.ie consent or knowledge of the people of this Province or their representatives, authorising th« JI^'lTfT. wy^ f Profctsioni of Go ▼•rnment contrary to their conduct. The provisions of the British Act of Tarliament in 1827 respectin g theso revo nues. XGl.OOO placed in the military chest from Bale of clergy reserves. Right Hon. E(\\\ \\ Etlice's view of tha ■ubject. 86 sale of the clergy reserves in this Province (not exceeding one-fourth,) and withdraw- ing from the Canadian to the Imperial Le- gislature the question respecting the appli- cation of these funds to other purposes than their original object, such as the sup- port of education, &LC' The same act also authorises (he Go- vernment to accept in exchange for any part of the clergy reserves from any per- son any lands of equal value. Undei this act 7nore than sixty-one thous- and pounds abstracted from the small am- ount in circulation to repay the hard-earn- ings of the people of this Province have been raised by the sale of land and paid\ into the military chest over and above all the expenses of selling the lands, &c. as ap- pears from the ofiicial statement of thej Hon. Peter Robinson, the commissioner appointed by the crown for these sales; an evil so groat and palpable, that it was] foreseen and j^ointed out by the Right Hon, Edward Ellice in 1828, who in his exam- ination before the committee of the Housel of Commons on the affairs of Canada; af- ter describing the ^general and deep feel- ing which exists in this Province about thel appropriation of these reserves, says— " Surely the framers of that act, must havol " overlooked the additional objection ofl '•' draining from the smnil cnpilal of tliel " country any part of it tor this invidiou3| " purpogio." Notwithstanding this caution, and al- though the law was a plain infringernent| of the principles of our Constitution, re- cognized and admitted by them, the pre- gent Ministry arc acting upon it not onlrj Province vithdraw- perial Le- the appli- purposes ,s the sup- } the Go- e for any (I any per- i-one thous- small am- hard-earn- ince have and paid ove all the fcc. as ap- 3nt of the nmissioner [Gse sales; hat it was ight Hon, his exam- the House ana da; ai- de ep feel- about the es, says- must have )jection of al of the invidious >n, and al- riiigement tulion, rC' n, the pre t not onijf 8t in selling these Reserves, and " draining '< from the small capital of the country for " this invidious purpose" annually a large sum, but also in making these exchanges. What a practical commentary is this upon the professions o f a Colonial Secre- tary! Did the writer of Lord Glenelg's Instructions suppose that the people of this Province were destitute of common sense and discernment? The whole of the transactions to which we have adverted respecting the Clergy Reserves & the erection and endowment cf parsonages, prove the necessity of hav- ing a responsible Government, and illus- trate the importance of the great Consti- tutional principles for M'liich the people and their reprcsentativei?, for a long time and the late Executive Council more re- cently, have been contending. Your cotnmittee have deemed it proper to notice this matter in the report as being a true commentary on the eftcct and work- ing of the system heretofore acted upon, and now clung to by His ICxccl'ency as if his very existence depended upon it ; and who unblushingly declares that without that system we are ruined ; now your com- mittee would ask, will any man pretend to say that the endowing those parsonages was in accordance with the feelings, wishes and interests of the people, or will they pretend to say, that an Executive Coun- cil possessing the confidence and having an identity of interest with the great body of the people, would have advised such a step — a few seasons more of as favorable picking, and the remaining clergy reserves, Refloctioni on tha present eystem. Proving tho necos shy of a responsible government. This affSiir a (ruo cominciitary on (.d chocland woikins cf tho {general eyatoua. And would rot havo existed if the governm't identified itself witli the intor csts of tiie people. m «ii .fill m The same evils may be expected until tlio the advisors of the King shall possess the confidence of the people and their ro pr«sentatives« House addressed His Ex'y on arrange mont of the future government of the Province. Who replies that none existed. T\To of the present Councillors assort that such a paper does exist, and was drawn up by His Ex cellency himself, and •igned and delivered in iiis presence. 88 in the Prorlnco will not be worth the ask- ing, let alone contending tor. Until the Representative of the King in this Province shall be surrounded by advi- sers sharing the views and possessing the confidence of the people and their repre- sentatives, and shall freely and candidly and cordially consult them upon the affairs of the Province, we must expect the same evils and the same grievances which have only increased from year to year, amidst the complaints of the people, and the pro- mises and professions of the administra- tration. The necessity of insisting upon a constitutional and responsible govern- ment must be apparent to every candid man. Your Honorable House lately addressed His Excellency on the subject of a suppos- ed understanding or arrangement between two or more of ihe members of the pres- ent Executive Council, as to the adminis- traiion of the government in the event of His Excellency's death, (which address and answer are hereto appended, marked K.) in which answer His Excellency was pleased to intimate jrather indignantly, that he knew of no such agreement, and in fact that no document of such a nature existed. The Honorable Robert Baldwin Sulli- van, the presidi ig member of the Execu- tive Council, and the Honorable Captain Baldwin, however informed the committee, as will appear by the minutes of their evi- dence Cmarkcd L. hereto appended) that a paper had been signed whereby Mr. Sul- livan had declared hit intention in the mm he ask- King in by advi- sing the ir repre- candidly he affairs the same lich have r, amidst d the pro- lininistra- ting upon e govern- sry candid addressed ■ a suppos- nt between ^ the prcs- ad minis- event of I h address d, marked' lency wasi iantly,that It, and in ,natur« le SuUi- Ihe Execu- Iwm ain Capt committee, their evi- Inded) that y Mr. Sul- len in tba 80 e7eni of His Excellencj's death not to administer the government ; although by the Royal Instructions in such a case, the administration would devolve upon him, as presiding Councillor, but to resign his office, in order to avoid the administration of the government, and that this paper was not only in existence but was drawn up by His Excellency HIMSELF, in the Council Chamber, signed and delivered to Mr. Al- lan (th€ next senior member) in the pre- sence of His Excellency and the whole Council. The respect which your committee feel com'to forbear to for His Excellency's high office, forbids J^J^' 3;;^^,^ '"^'**- their dwelling upon the mortifying subject of the contradiction between His Excel- lency's answer and those gentlemen's tes- ' timony, and they will only say, that it must of course destroy all confidence in future in His Excellency's assertions, especially as His Excellency retains Mr. Sullivan as his principal and confidential adviser, not- withstanding the evidence so given by him. Neither do they think it necessary to dwell upon this arrangement, to bargain away, contrary to the royal instructions, the future government of this Province, such it evidently was, notwithstanding ilr. Sullivan's attempt and natural anxiety explain it away. An arrangement as Such an arranga- nconstitutional & as delusive as could have "Jh the°?ightB'and een proposed; for in the event of Sir honor of tho crown .* r* rx J, 1 ii ii_ A. and safety and protac rancis B. Head's death, the government uoa of the people, ould necessarily devolve on the presiding ouncillor, and he could not have resigned any one but His Majesty. To resign his inferior would have been "anew M % I theory.^' Neither could he have releassd himself from the government by refusing to take the oath of office. The Committee observe that such an oath is not required by the Slst of the King, or the King's In- structions, and at all events the power to administer the government in the event of His Excellency's death, does not depend on it ; for if it did, we might be for a time without a government ; and if one could decline taking the oath all might, and wo might in such an alternative also be left without a government. An arrangement so inconsistent with the rights and honor of the Crown, and with the safety and protection of the people, was probably never before thought of in a British colo- ny; and is a striking evidence of the strange notions entertained by His Exce! lency and the present Council about our Constitution. In some of the old colonies the people Without a parallel, chose their own Governors ; but never was a successor to a Governor then living, chosen by the Council ; that very Council who in His Excellency's estimation is sucli , a mere cipher ; such a mute and irrespon- sible body. To obtain a fuller elucidation of this! tainTviTnco"'from humiliating subject, your committee were •ther councillors, desirous of obtaining the further evidencel of the Honorable Messrs. Allan and Elmsl ley, and although the Legislative Councilf in compliance with the address of Yourj Honorable House granted permission to| these honorable gentlemen to attend Yourl Committee, yet they have refused to dol so, under excuse of some informality iof addressing them; although in an Exccuj clcassd efusing nmittec ng's In- fower to event of depend ,r a tune je could , and wo o be left mgement k1 honor ifety and probably iish colo- re of the lis Excel about our 91 live matter, so materially affecting their characters as C ouncillors, your Committee iuid hoped all minor considerations would have been discarded. But Mr. Sullivan's statement needs no confirmation, and the parlicipation of the others in this singular and unconstitutional proceeding remains uncontradicted with an opportunity affer- dod them, if innocent, of exculpation. — This conduct justifies in point of fact the declaration by Vour Honojable House of an entire want of confidence in the present Executive Council, communicated by ad- dress to His Excellency. It is to Your Committee a matter of profound regret, that when His Excellency was surrounded by the late Council, with every means of conducting his administration in a man- ner efficient and satisfactory, calculated to allay all existing discontent and pre- serve the peace, welfare, and good gov- ernment of the Province, he shonld so hastily, rashly, ani' wantonly disj noint public expectation, nd fill the Pro* nee with greater distrc and apprehension than even prevailed irom the alien ques- lion. Your Committee while on thit Inmilia- ting subject feel bound also to remark on the positive contradiction between the evi- dence ol the Honorable Mr. Sullivan and the Honorable Captain Baldwin, as refer- ence thereto will prove, while Mr. Sullivan expressly affirms that the writing was drawn up solely at his ovt r; -quest, Cap- tain Baldwin stated that it 'Vi>o at the sug- gestion of the Honorable Mr. Elmsley. The committee beg leave also to remind your Honorable House again of your ad- Wliich indeed it not necessary. Tills conduct jusli fies want of confidin ce. And it is surprising that his Excellency under all the favora- ble circumstances should wantonly dis appoint public cxpcc tation and fill tho province with distress und apprehension. Commiltee cannot but remark the con- tradiction in the evi- dence of Mr.Sullivan and the Hon Capt. DttiiiMin. lii! ^^m IMAGE EVALUATION TEST TARGET (MT-3) // ^ A, 1.0 IM 150 ■ 25 I.I ■" 116 I u Jim us Ki u 2.2 m 1.8 L25 !.4 ||||||.6 «< 6" ► f 7: .? ^ '/ /A Photographic Sdaices Corporation ■■.i% V»EST MAIN STREET V/«B3TER,N.Y. 14: «0 ■ <^ And beg leave to re nftnd the House of ftddress to the King, urging that the prin- ciples of the British conatitution might be unforcetl and intimat ing that without a change the supplies would be withheld. The House has de clared its regret at the removal of the late and want of con iidence in the present council. Withholding supply constitutional accord ing to Lord Glenelg*s despatch. 92 drees to His Majesty during the last les- Bion, Hiereunto appended, marked H) res- pectfully but earnestly urging that the principles of the British Constitution res- pecting the advisers and confidential offi- cers of the Government in this Province might be enforced, and intimating an in- tention on the part of the House, if these just and reasonable wishes were longer disregarded to withhold the supplies from a Qovernment conducted in such a man- ner and by such officers : Your Honorable House has distinctly but respectfully de- clared to His Excellency its regret at the removal of the late Executive Coun- cil* and its entire want of confidence in the present members of it, and has humbly requested him to take immediate steps for their removal — nevertheless, they are re- tained, and the wishes of the representa- tives of the people constitutionally expres- sed are disregarded. No alternative is left to the House, in the opinion of the committee, but to abandon their privile- ges and honor, and to betray their duties and the rights of the people, or to withhold the supplies: the constitutional right of which is clearly acknowledged in Lord Glenelg^s despatch, and also in His Excel- lency's reply to the late Executive Coun- cil, and in (he language of Lord Stanley on the very subject of procuring a removal of advisers in tois Province, 'rd Stanley a removal is the con- ur wishes." lerwise be mptible in ouse; and law grant ;h wai ob- 08 tained by Sir John Colborne*8 withholding; a despatchfthat he had beeii directed to communicate to the Legislature, shewing that the Gorernment only wanted the grant for seven years or during the life of the King, and which act received the appro- bation of His Majesty's Government, the refusal of the supplies cannot have its just constitutional influence, yet it will testify the feeling and the determination of the House more forcibly to His Majesty's Go- vernment, and will avail more than any thing else. It becomes the more necessa- ry when it is observed that Lord Glonelg assumes in his Instructions to His Excel- lency — that until the last session there ge- nerally "subsisted a spirit of amicable co-operation between the Executive Go- vernment and the Legislature;" although so far from any such harmony subsisting, the majority of the House of Assembly in both the ninth and tenth parliaments were denounced b^ the adherents of the Pro- vincial administration in unmeasured terms of abuee, and were represented as being opposed with even indiscriminate hostility to the arrangements and institutions of the Government. Your committee therefore distinctly re- ^0^31' w"2oi5 commend to your Honorable House to ing the supplies. withhold the annual supplies. His Excellency, in answer to the address iiisEx'oyexpreiMa of your Hon. House respecting the present nLe" wouwMtS Executive Council, observes — "I might say refrained uhtii thert " that I had hoped the House would have ri^mld'e.""""""" •* refrained from any such decided expres- " sion of its opinion on the subject, until " it had received the report of the com- i .'■'■J' ■iri'i- . m ■m \i'W -ill ,''1 '^li :|i Mi '^ m il "*' 1 i ; Com hope that there nevurwill boantillicr BO distinct a breach of the privileges of the House in which they are chided for not awaiting tiio re- port of a ficl. com. Rmolutions on a braach of privilege by the Governor of Jamaica. 94 •* uiittee to whom the subject was reftrred, " and for whom the Government Office is '* now occupied in furnishing the docu- " mentary evidence they desire, but I am " unwilling to discuss the question." Your committee hope there is not now and never will be hereafter, another such a direct aui violent breach of the privileges of the Commons House of Assembly ; in« deed) the assumption of power to chide the whole House for not awaiting a report from a select committee, can meet with a parallel only in the very worst periods of English history ; surely such conduct was never intended and will never be counte- nanced by the British Government — ob- serving the marked forbearance oi your Honorable House, your committee dismiss this painful and humiliting subject, simply referring to the recent case of a similar nature in Jamaica, which is set forth in the following communication to his Excel- lency, the Governor of that Island, during its last session : '* May it please Your Excellency :'* " We are ordered by the House to wait on Your Excellency with the accompanying resolutions, which have been agreed unto l^y thi House: " 1st Resohed-^ThBit tlie first message of Hit '^ Excellency, the Governor, of yesterday, is a di- " rect breach of the privileges of this House, inasmuch '* as the subject matter of that message was then " pending between the other branches of the Legisla- " ture." *^2ad Resolved — That this House cannot consist- " ently with its own dignity, or with due regard to iti '* rights and privileges, which are the firmest bulwarki " of the liberties, franchises and immunities of the " people, proceed to do any other business until repar- ** ation shall be made for this breach of privilege.*' kvas referred, 3nt Office is IT tho docu* re, but I am J) jsiioti. i is not now lothersucha he privileges sseinbly ; in* wet to chide ting a report meet with a st periods of conduct was ir bo counte- rnment — oh- ince of your tittee dismiss bject, simply of a similar set forth in to his Excel- dand, during wait on Your solutions, which lessage of Hii erday, is a di- [ouse, inasmuch isage was then of tlie Legisia- cannot consist* ue regard to iti irraest bulwarki m unities of tht noss until repu- privilege." 05 This lour Committee conceive \s a j • fTii 1 ' .• Giples announced di ant crisis in our atiairs. Ibe despotic, deiendcd by hisEx'7 unconstitutional principles announced and de"troy •ii hoi'« jf • defended by Sir Francis Bond Head, and Si'dw hirgvadaaMw* his avowed determination to adhere to them; the tyrannical and unjust conduct porsued by him towards the late CounciU tbs bitterness of fueling which he is '! ' 08 known to entertain towards all who think ittheir dnty to oppose him; the intention which liis public acts evince to perpetuate ' and aggravate the system and to cherish and favour the parly so" much complained of, yet so much fostered under his nrcde- cessor, destroy uU hope that his adminis- tration of the Government can be just, sa- tisfactory or useful to the country, or con- ducive to the lionour and interests of the Crown ; and make it, in the opinion of liie . . , . committee, a necessary, thcugh most pnin- And Tendem it n«. /. , , ^ • / /• i j i i ecMary to p7«y t» I'M duty on the part of your Honorable bisMajeity for relief House, respect fully, but most enrnetitly to pray, that His Miijcsty's Government will seriously consider our situation, and affor'l us such relief as the exigency of the case requires. Respect for the Crown re- quires that this object should be son^iil in the ordinary wny by an address to His Ma- And that. memo. F«^y *>"lV; j'"* considering the usual man- rial bo ►ent t.. the H tier iM wliicM our r(5preeenti»tions luivo been wtjtT"''" °"^''" viewed and treated at tho ColopinI Office, we recommend that n memorijil should be alsoadilressed by Ycnir Honorable House to the Hotise of Commons; a body who understand and feel the value and import- ance of those prin cutive Council we desire to see discharg. ing the duties belonging to such a Coun- cil ; — as it is the duty of Parliament to le- gislate,' BO it is the dut/ of the £xecutiv« Council to advise. It has been simply proposed that our public aBairs should pass under their re- view preparatory to tho final and discre- tionary action of the Governor upon them; and assuredly the people upon whose af- fairs and highest interests the advice is given, should be allowed to see the Re* prcscntative of tho King surrounded by men alike possessing his confidence and that of the country. The great question now before your Honorable House and the country, is not whether we arc to havo the Constitution and form of government of (he United States introduced and established among us, but it is simply whether we (His Ma- jesty's subjects in Upper Canaaa) shall enjoy acknowledged principles of the Bri- tish Constitution? Whether we shall hare the same rights and privileges that are enjoyed by our fel- low subjects in the United Kingdom, and which has always heretofore been adroit* ted in theory but denied in practice ? Whether the advisers of the Lieutenant Governor, the Executive Council, are to be gentlemen of sound principles, known and possessing the confidence and esteem 101 of the people, whom they are sworn tQ lerve as well as His Majesty, or to be persons unknown and irresponsible, and consequently under no restraint or ao- countability for the advice they give or means (honorable or dishonorable) they use to accomplish their ends ? It we have at the head of our local affairs not a Representative of the King, but a more Minister, culpable for all misdoings in our government, there is no reason why he should longer be held (as hereto- fore) above the law of the land. If on the one hand, we ask for the bene- ficial operation of the Executive Council, the answer is, I am only in the place of a Minister, answerable for my own acts and those of my Council into (he bargain — and when on the other hand, you desire to pro- j ceed against him for any wrong, the char- acter is shiAed from a mere Minister into a Representative of the King, who can do no wrong, and is above all law — one day he is a Minister in order to assume power and act wrongfully; another day he it Representative of the King, to oust the Courts of Justice of their jurisdiction. He assumes one character for /tcen^e, and I another for defence. Your Committee desire to remark that lour other institutions have often in times past been subjected like the Executive Council, to similar attempts to cripple or abridge their constitutional rights and char- acter. Your Honorable House was at lono time denied the privilege which neces- Isarily and constitutionally appertains to iParliament, viz : the right to enquire inte Ifwehav* at th* hMd of iflain on* w. o doci not repi«> sent thv King, there it no reason why b* should bo longer m looked upon. Committoa rvmaik on the ease of tht outrage on the pro- pert/ of Mr Forqptkw ;:|(| ;! !' m 1 '1 Ajh: :/:;(' '^M I' II m '.!: '.! :;. 109 pnblic abuses, and they were not establish- ed on tiieir present broad, firm, and ac- knowledged basiy without nppeala lo Eng. land and liligalioi) in our courts of hivv. During the nituh Parliament occurred the arbitrary outrage upon tl>o rights and property of Mr. Forsyth by Governor Maiiiand with INlilitury lorcp under the le- gal advice of the Attorin-y General (since promoted to the Chief Justiceship of this Province)aii(| supposed to have been under the advice of the then Executive Couiicil. This fl igraut wrong became the subject of enquiry before a Committee of Your Hon. House and Messrs. Givins and Cofllin were attempted to he sustained by Governor Maitiand in their n iusal to obey a sum- mons to give evidence — in fact they read his express orders not to attend. Thus in the illustration of liie alleged sufficien- cy of Downing Street responsibility by Governors, it appears that an outrage is perpetrated first, and then Executive au- thority, influence and power exerted to prevent investigation. Nor was tiiis all; lor Sir P. Maitiand further tried to poison what justice might be expected from His Majesty by writing a calumniating des- patch, giving a bad character to Mr. For- syth, and traducing as factious the Assem- bly that interposed in his behalf. The ninth Parliament proceeded to the arrest and imprisonment of tlie refractory offi- uials; and although Sir George Murray, then Principal Secretary of State forilie Coh>niep, rebuked Sir P. Maitiand for iiis long and artful despatcli ngiinst our Far- hatucntary privileges, yet he was never (fisffi tontli since react of th not I Hoik- l)is of lh( rate a of tlie ri<,'ht fiirr, it vexati( (IllfMU'C I'arli'ii tnined, iiitiona ciiiive J )rivil(?g ibvioii^ lian thi ivo ( [ood gc; inly I'.et heir re onstiiii UCCPS8 All w ^'Ommittee m . establish- 3, and ac* ila to Cng* rt8 of law. I occnned riiilttt^ and Governor ider tlie le- leral (since ■diip of titis beiM) under ve Council. subject of ' Yonr Hon. Coffin were y Governor obry a snm- :t tliey read end. Tliu3 ed siifficion- )naibiliiy by outrage is tecutive .nu- exerted to vas tliis all; (1 to poison d from His niating des- to Mr. For. tbe Asscm- dmlf. The I tbe arrest I lactory offi- [go Murray, •tato for iliel Lland for his] list our Par- was never I 103 dlsffrnpf-.l or punished, and even in I ho tonth Parliamenr the Atlonioy Grnornl, since Chief Juslic(5 of Nowfoundlnnd, roacied ihosame dispute of the p i\ih'gi»9 of t!ie PrDvineial Pailiaincur, and it \v;ia jiot utitil I ho pros(;nt .Sj)o;ikcr of Your iHoiuribie House ua3 piosccutetl for lii-j warrant and that an adjudication [of the Com t of Kitij^'s nenrli, alter elaho- riite argument hud pl.iced iho question out of tlie reach of huther denial liiat that rij,'lit wiis acknowledged. When, thorc- Iforr, it is coiifsidered witii what tronblo and Ivexation, and ag.iiiust what execniive in- IfliifMice and cduinny the privileges of IParliantent have been as'serted and main- pined, it is less sin-prisiiig that the consli- tliiiioaal duties and functions of the Exo- live sh;iu!d factiously be denied. 'J'ho )riviiegea of l^ailiainent were not more hvioiis and certain, or more important lliari the duties and functions of the Exe- live Council for the i)eace, welfare and tood governmern. of the country; and it jiiily needs on the part of the people and llieir representatives tiie same firm and bnstiiutional exertions to insure the sauio jaucess in the present all important contest. All which is respectfully submitted. Peter Perry, Chairmxic. T. U. Iflorrison, John P. Robliu, Hiram IVortoiii Charles Duncpiilibeb committee Rodm, House of AsstmhlUt ) ^ April Wh, 1836. § ■: »■■ li '111 ■ ' (l 'l' ' \} A f: 1 ■ ' ' 1 ■^if| %. 1 • -^ !S % '' \M k m U\ li' I'i ml m II APPEMDIX. {Cm-) A. ■ EzicuTiTB Council Chambbs, at Toronto, \ Friday, 4th March, 1836. ) To Hi$ Excellency, Sir Francis Bond Head, Knight^ Commander of the Royal Hanoverian Guelphie Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of th» Province oj Vj^er Canada, ^c. S^e. S^e. I Mat it flbabb Your ExcELLSNcr, The Executive Council, impressed with the oath they Ihave taken to discharge the duties nere&sarily resulting from their lippointment ** to advise the King and his Representative in the Igovernment of this Province," in the terms of the Constitutionnl lAct "upon the affairs of the Province," deem it incumbent up- loathera, most respectfully to submit the following: representation : Tiie Executive Council recogn'ze the truth of the opinion lexpressed by Lord Glenelg, that " the present is an era of more Idifliculty and importance, than any which has h therto occurred Id ihe history of this part of His Majt^sty's dominions." This mnliappy condition they ascribe in a very gre-it dejiiee, to the lithertu unconstitutional abridgment of the duties ^f the Evecu- pive Council. It appears from the proceedings of the House of bseinbly, and from the re~iieration of estahlishtd opinion in the Itountry, that neither vill public expectation be satisfied, nor pnti'ntment be restored, until the system of local government is ^Iteied, and conducted according to the true spirit and meaning of Jie Constitutional Act. The delay of this just and indispensable burse, has already excited in the great mass of the people, a imentable jep.lousy and distrust, and has also induced the disou<> jionof Constitutional changes, the desire for which, unless speed- ly arrested, by affording the unrestricted operation of the 3 1st W 3d, chapter 31, will not only become more fixed, but rapid- f increase to a greater and irretrievable extent. The policy and measures which have led to the present con- lition, seldom pass<)d under the review of the Executive Council, Jrwero tu!.mitted for their advice. Nevertheless, its members *ve been undeservedly subjected to the heaviest reproach through- til the country, from a prevalent belief that they have been tiled upon to fulfil the duty imposed upon them by the cunstitu- 1 M'l' J. m^ ISHfF ■■im d Appendix. tion, as advisers upon public affairs. But amidst the obloqujr thus thrown upon them, they have studiously avoided any attempt at exculpation, by disavowing in tbesir defence, any participation in the conduct of the afiUirs wiiich they were erroneously supposed to have approved. Tiic consequence of this silent indunmce of political oiiiuni, has been the perpetuation of the misbelief, that the Executive Council are conversant wiih the affairs of the Pro- vince, upon which ihey are appointed to advise : and although an opposito practice has generally prevailed between former Lieu- tenant Governors and their Council, yet it has o^cr been noiori- ously contrary to the state of things presumed by the community to exist. Public opinion respecting tho Executive Council and their duties, lias been founded upon tho terms of tlio 31st Geo. 3d, chap. 31, to which statute the people used to express a firm at* i tachmcnt, an attachment which, tho Council believe, never would have been impaired had the Constitution been administered either | according to its letter or iis spirit. In several clauses of the 31st Geo. 3d, chapter 31, tho Ex- 1 erutive Council is mentioned in general terms. In the 34th clause the terms are ".together with such Exociitivo Council as shall bel appointed by Flis Majesty for the affairs of such Province," andl rot, as it would otherwise have been expressed " together with! sucIj Executive Council as shall bo appointed by His Slajesty/orl that juirposc" In tho 38th clauso tlio terms arc, " with the ad'l vice of such Executive Council as shall have been appointed byl His Majesty, His Heirs, or Successors, within such Province fori the afiairs thereof," and iiof, as it would otherwise have been ex'l pressed, " tvitli the advice of such Executive Council as shall haval been appoint^'d by Ilis Majesty, Ills Heirs or Successors, withiaj the Province ybr that purpose." The snmo may be said of similar terms used in the latter psri of tho seventh clause. With -.dspcct to which clauses it may bo further remarkedJ that had it been contemplated that 'the Executive Council werettf act only in tho n;attr>rs therein specified, tho words " on theaffain of surl, Province," might have been omitted, without in the impairinf; the le^ral ofl'oct. In tho construction, therefore, of tliii Btatutp, tho above expression cannot bo treated a surplusage, bill luust lie talien to impose tho duty which it imports. From the language, of this statute, therefore, it appears— | Firstly — That there is an Excciitivo Council ; — Secondly- Th^t tliey aro appointed by the King; — Thirdly — That they aij oppnintccl to advise tiio King and his Ilepresontative, upon tin ^* affairs oj the Province," — no particular aff*airs a»e specified; dI limitatioa to any particular time or subject. As the Coustitution/ Act prescribes to the Couacil, the latitude of ** the afiain of tH e obloquy that my attempt »t participation in II sly supposed nt iiidiirance of misbelief, that lirs of the Pro- md although an I former Lieu< 'cr been noiori« the community )uncil and their I 31st Geo. 3d, xprcss a firm nt- 3ve, never would ninistercd cither Iter 31, tlie Ex* n the 34lh clause )iincil as shall be 1 Province," and [ •' together with His Majesty /or •e, " with the ad (Ml appointed by uch Province for so have hern ex- ncil as shall have uccessors, wiihio in tho latter pari irlhcr remarked Council weieti s " on the aflfai lioiJt in the leas lereforo, of thi surplusage, bu hts. :il re, it iippears— ;— Secondly' —That they ai tative, upon tb ai-e specified; he Constitution! the affairi of tii ProTiae*,** it requires an equal auhority of la«r to narrow tbos) jinits, or relieve the Council from a co-extensive duty. Every Representative of the King, upon arriving from Eng« land to assume the government of this country, is nacossaiily a itranger to it; andthelaw hasproviJudforalocal Council asa source of advice, which when given, is followed or not, accoidirfj to hia discretion. In certain cases specified in tho 3Sth clr.uso uf the 31st Geo. 3d, chapter 31, the concurrence of tho Council is re- quired to give effect to certain Exaciitivo Acts. But tl!:vs*> excep- tions prove the general rule, viz: — That while tho advi^o is to bo given upon iho affairs of the Province generally, it is only iii the particular cases that it must harmonize with the plcastiro of the Crown, to give that pleasure cfft^ct. Indeed, if the law could bo construed to limit the advice to :he particular cases, ft wfiii'd fol- low that the Conncil could not legally advise upon any oth* rs ; a proposition which, besides its manif<>st rcpii<;nancc to the tenns of the Act, is contrary to received opinion and usage. But while the Constitution has assifrnnd to tho Council this duty, it is only to a very subordinate nn«l limitcid cxt':iit that they have hnretofore had opportunity affor.lcd them to pcrr-jroi it. It is lubmiitcd that tJie exigency of tho siafuio can only 'u< answered by allowing tho affairs of the Province to pass under thoi.- review for such advice aa their consciences may snssrcst, preparatory to the final and discretionary actinn of tliO King's Reprcionlulive upon those affairs. The Council meetin« once a weok upon land matters, Mhile the affairs of tho country are withheld from their consideration and advice, is as imperfect a fulfilment of the Constitutional Act, us if the Provincial Parliament were summoned once a year, to mrot the letter of the law, and immediately prorogued upon answeiing the Speech from the Throne. In both cases the trno meaning and spirit of the Constitutional Act require that the Parliament should have a general and practicable opportunity to legislate, and tl-e Executive Council to advise upon the affairs of the country. In the former case, the Representative of the King can withhold ilio Royal Assent from Bills, and in tho laitor, reject the advi'C of- fered ; but their respective proceedingi can not be cniisiiiullon- ally circumscribed or denied, bocauso thev nerd tho expression of the Royal [deasure thereon for their consunimonstitution of this Pro%iiice, and ot tlic mother country,) tlie people have long, and anxio. sly sought for the adminislralion of the. I govi rnnutnt, under the Representative of the King; and the Coancil most respecifully, but at the same time earnestly, re- presfut that piihlic opinion upon the subject is so fixed, and be- coming so impatient, as to preclude the possibility of denying or delaying the m' asnre, without increasing public dissatisfaction, and leading to th final adoption of other views, as already loo universally manifested, uncongenial to the genius of the constitu- tion, and most dangerous to tiie connexion with the Parent State, Tlie remedy, it is feared, is now proposed too late for all the advantages desired ; but the longer it is withheld, the more alienated and irreconcilable will the public mind become. The present comparative ca'm and thankfulness arise from a belief that the Council will second this exigency, in ostablishing a sys- tem of government, according to the principles recognized by the charter of tlie liberties of the coutilry — an expectation which the Co\incil are most anxious to realise. Should such a couise not be deemed wise or admissible by the Lieutenant Governor, tie Council most respeetfnily pray that tlipy may be allowed to disabuse the pnblic from a misapprehen- sioa of the nature and extent of the duties confided to them. (Signed) PETER ROBINSON, GEORGE H. MARKLAND. JOSEPH WELLS. JOHN H. DUNN, ROBERT BALDWIN. JOHN ROLPH. «• t* M M REPLY Of Hit Exeellenty the Lieutenant Governor to tht tommunkO' tion of the Executive Council, F. B. HEAD, The Lieutenant Governor transmits to the Exe- cutive Council the following observations in reply to the docu- ment, which in Council they yesterday addressed to him : The constiiutio" of a British colony resembles, but Is not identical with the constitution of ti.e mother country; for in England, besides the House of Commons, which represents the peoplft, fhere exists a hereditary nobility, the honors and wealth of which, as well as the ipterests of the established church, ara ■ppertatn to ed by the ex> iher country,) administration lie King; and earnestly, re- fixed, and be- of denying or dissatislaction, as already too f the constitu- I Parent State, too late for all iheld, the more berome. The > from a belief blishing a sys- recognized by lectatiun which r ndmissihie by ifnily pray that a misHpprehen* id to them. KLAND, IN. he comtnunieo' lits to the Exe* to the docu< to him : les, but is not •untry ; for in represents the >isand wealth church, ar9 Appendix. 6 icpresented by a House of Lords, while the Sovereign (who by law can do no wrong,) is surrounded by a Ministry upon whom devolves the entire responsibility of the measures they suvgest, and who are consequently removuble at pleasure. But in the colonial portion of the British Empire, whidi however rising, is generally speKking thinly inhabited, the people are represented by their House of Assembly, which is gifted not only with the same command over the supplies, as in England, but which possesses within the colony most of the powers of the britisli House of Commons. — The Legislative Council is intended, as far as the ci cnmstances of a young colony can permit, to resemble the Bii- tixh House of Lords; and if the Lieutenant Governor of a colony stood in the place of the Soveieign, and if like His Majesty, he could do no wrong, it would evidently be necessary that a Minis- try, Executive Council, or some other body of men should be ap- pointed, who might be responsible to the country for their con- duct. This, however, is not the case; — His M>ijestv delegates Hi'» Sovereign protection of his colony to no one, but he appoints a Li 'Utenant Governor, who is responsible to him for his behavior, who is subject to impeachment for neglecting the interests of the people, and who is liable, like the English Ministry to immediate removal ; and the history of the British colonies clearly shews, that there is no class or individual of His Majesty's subjects, to whose representations, prayer or petition, the King is not most willing to attend. The Lieut. Governor is therefore the responsible minister of the colony, and as not only his character, but his continuance in office, depend on his attending to the real interests of the people, it would 'be evidently as unjust towards him that he should be liable to impeachment for any acts but his own, as it would be unjust towards the people, that a responsibility so highly important to their interests, should be intangible and divided. It is true, his knowledge of the country is not equal to that of many intelligent individuals within it , but in government, impartiality is better than knowledge, and it must be evident to e\ery well constituted mind, that in an infant state of society, it would be impossible practically to secure a sufficient number of impartial persons to effect a change of ministry, as often as it might be necessary for the interests of ♦! people to do so. This difference between the constitution of the mother coun- try and that of its colony, is highly advantageous to the latter, for as in all small communities, private interests and party feelings tnust unavoidably be confliciing, it is better as well as safer, that the people should be enabled to uppeal in person, or by petition, to the Lieutenant Governor himself, whose duty it is to redress their complaints, and wlio is liable to dismissal if he neglects them, — than that they should appeal to a series of Provincial Min- isters, composed of various individuals. 'SI m uSii "m\ m j; H-\ I' mm if Ir! Ml 6 Appkivoii. To enable the Lieutenant QovetBor to perform tb* trduoui duties of hit oflTice, tho constitution hns wijely provided him with an Executive Cotincil, competent to supply hini with that local knuwiodgo in which ho may be deficient, and to whom he may apply for coiinsul mid Hclvice. Uuforo lin uiitriiit;} liiin^olf to those gentlemen, they are, bjr orJor of !lis M.ijcsty, ruqtiirod solemnly to fwear, not only to givo lu tho Lioutui) iiit Governor thoir best counsel and advice, but ihoy nro also sworn to secrecy. Their individual opinions can never bo divulged, evtn to th King, and as ii proof tliat His Majesty does not hold iheni respon- siblu for tho acts of tlio Lioutonunt Governor, they can retaio, and often do rutuio, thoir olfiuu of sworn .advisers, although Gov* crnor after Govornur iniiy have been dismissed. Tlio ndvanta be, and Tl eaoh of and an . declarei was an thclcss. Court which s would V Fo His Ma tive Co" but in s Council Lieuten ihould rectory, m th« arduMi ided him with irith that local wlioni he may , they are, by T, not only to kiid advice, but ed, even to th d ihem respoit' toy can retain, although Gov* nant Governor (Ticient iiidiod, [)ut although it s proceed ingi, is acts be foand 1 case, it would nt Governor to rowing it upoa ;e which of hii ■rent advice of f'irce an indivi> Id be liable ti ion of the taw by inforniati«Hi nt, it has been to him and answerable to L'cn committed. I and disgiace, I icutcnant Gov- (thotigh at Km interests of the I ty, and of Hii | subjects upon impossible, « .Hmind reqtiir tlieir storliiis oncvcr enibar lithfuUy honor :onscientiousl)f d to their oatK ey to perforob )k Appchdix. 7 Rariof concluded the above outline of the relative respon- libility of the Lieutonnnt Governor and his Executive Council, at it regards His Majesty's colonies in r'^neral; it may bo observed with respect to this Province in particular, tlint when His Mnjusty, by conquest, firi^t obtuitsod possession of thu Ciinudus, ihu gov« trnment thereof devolved upon its military rommandrr, until, by in Act passed in the l4lli yc;ir of George 3rd, a council wn.s tip- pointed •' for the affairs of tlio Provinco of Quebec, to consist of lucb persons resident therein (not exceeding 2*3, nor less llinn 17,) M His Majesty, his heirs and successors shall be pleased to ap- point," " which council so appointed aiidnoniinaierl, or the major part thereof, shall have power and nutliority to nuiko ordinances for the peace, welfare, and ^ood (rovernnientof tlio said Province, with the consent of His Majcsti/^s Governor." This power of the council was furtlicr resiricted by ccrlnin important limitations, specified in clauses 13, 14, 15, lo, and 17, of the said act ; however, in the year 1791, a new act was pa.ssfd, commonly called "the Conslitutiunal Act," because it sclilcd tlio constitution of the Canadus, wliich were then divided into tlio Upper and Lower Provinces. By this act the military domination of the General and liis council, was changed for a new and settled py item, and as evi- dently both could not exist together, tlio very fii>t (lau.«e of tho act declared, that so much of tho lain *'■ Act 14lli (ioorge 3d as in tny manner relates to the appointment of u council for tlio aflairs of the said Province of Quebec, or to tho power t:iven by die laid act to tho said council, or to the mnjor part of them, to inako ordinances for the peace, welfare, and good covernnx'iit of the laid Province, with the consent of His Majesty's Goveinor, Lieu- tenant Governor, or Commander in Chief tor the time being, shall be, and the same is REPEALED." The act then proceeds to state, that there shall be within eaoh of the said Provinces respectively, a Legislative Council, and an As&cmbly, the duties and privileges of which aro minutely declared in 33 consecutive clauses, but in no part of the said act was an Executive Council directly or indirectly created. Never- theless, a veslago of the ancient one, was for the purpose of a Court of Appea', (vide clause 34) recognised, with an expression which srcmod to intimate, that an efficient Executive Council would very shortly bo created. For instance, in section 38, the Governor is, by authority of His Majesty's Government, and with the advice of the Execu- tive Cuunc'i, " empowered to erect parsonages and rectniies," but i n section 39 no mention whatever is made of the Executive Council, but on the contrary it is declared, that tho Governor or Lieutenant Governor, or person administering tho govcrament should present the incumbeot " to every such parsonage or rectory.'* c Appendix. i 11 «• In the 50 clauses of the act in quettieo the Eiecutive Coua> oil which in section 34 is merely described as " such Executive Cuuncil as shall be appointed by His Majesty," is scarcely meo* tii)iit3cl,a id as regardieven its exist'nce the most liberal construc> tijii wiiiihcuii possib y be put upuii the said act, only amjunts to tiiis : — 'fh'it us an Executive Council was evidently intended to e<(ist, the remnant of the old one ought not to be deemed totally extinct, until its su:-cessor was appointed. However, this latent intention of His Majesty to create a council fur each of the Provinces of His Can'idian duratnioni, was soon clearly divulged in a' most important document, com* monly called '* The King's InstruiAions,^* in which an Executive Council was regularly constituted, and declared as follows: — " Wliereas we have thought fit hat th«'re should be an Cxecutive Council for assisting you or the Lieutenant Governor, or persoa admiiiiiituiing the Government of the said Provinceof Upp^r Ca> naJd, for tlie lime being, we do by these presents appoint the un* dermentioned persons," &.c. &.c. In subs ou shall find CONVKNIENT for our service, to be imparted to them.''* The Lieutenant Go'vernor having now transmitted to the Executive Council his opinion of their duties, in contradiction to that contained in their communication to him of yesterday's date, will not express the feelings of regret, with which, under a heavj pressure of business, he unexpectedjy received a document of so unusal a nature, from gentlemen upon whom he had only recently placed his implicit and unqualified reliance. But he feels it in- cumbent upon him frankly and explicitly to state, that to the opi* nions they have expressed he can never subscribe, on the contrary, that so loni; as he sliiill continue to be Lieutenant Governor of this Province, he will never allow his Executive Council ufiicialljr to assume that heavy responsibility which he owes to his Suve- reiijn, as well as to the people of this Province, to whom he has solemnly pledged himself" to maintain the happy constitution of this country inviolate, but cautiously yet effectually to correct all real grievances." The Lieutenant Governor maintains that the refponsibility to the people of this Province (who are already represented bj ApPENDIxr their House of Assembly) which the council assume, is unconsti- tutional — that it is the duty of the council to serve /iim, not them; and that if upon so vital e principle, they persist in a contrary opinion, he foresees embarrassments uf a most serious nature, for as power and responsibility must in common justice be insepa- rably connected with each other, it is evident to the Lieutenant Governor, that if ihe council were once to bo permitted to nsi-unio the latter^ they would immediately as their right, demand tho/«r- I ffl\v of no way y communica- posn of being 1 psssession of iiiato acquaint- ellency having asition in which crnment of the do the best lio ivernmcnt — ex- hiin my assls- mc that in tho enjoy l»is fuW ncy of my ex- nd proceeded to escrving to my- liich His Excel- 'i-ely, I vet felt sending for me, /ign or the coun- 011, explain fully of the Province, nistration of it, g this change as Teh all others, in jiicdy of which utional way, to 10 finally putting id that ihese de- lout in the least [rogatives of the by the Lieute- ill Ministry, re' issential part of ,)inions were not [hose which I bad years as well ^ j-ly held a tiiucli . country thanl| which the expe- thened and con- loptioQ of thosel vie\rs was the only means of consoli.iating the connection with tlia Mother Country, to llio preservation of which no one was more devotedly attaciied, or ready to mako greater sacrifices tiian niyst'lf; — that t'ley were nothing marc tliaii tho principles of tli« Tritibh Constitution applied to that. of this Province, and which I conceived nee ssarily to belong a}' much \o tljo on*' as t!in ot!.>cr; — that the call fur an Elective Legislative Council Wiii« h had boen formally made fiowi Lower Canad;;, and luid been takoii up and appeared likely to bo rcsjjonded to in this Province, was as distasteful to nie as if could be to any one, as all that apjiefir- ctl necessary ordesirablo was tho Conslilution, as it stood, fully aiiJ fairly acted iijion ; and that [ w as convinced, that liad such a cijurso been adopted some years ago, we sliould not now have had tho public discussing the expediency of an alteration in the constitution by the introduction of a provision for an elective Le- gislative Couiicil ; — that 1 (eared it might now be too late, but as I was not sufficiently aware of the exact state of tho question to speak decidedly, I sincerely hoped that by the prompt ad*iption of a responsible Provinuial Administration, under tho King^s Re- presentative, the question might even yet be set at rest ; and in reply to an objection of His Excellency, that the adoption of such a course would be placing the Lieutenant Governor in a position similar to that of the King, which was inconsistent with the fact of his responsibility, I explained, — that as Tar as regard- ed the internal affairs of tho Province, the Lieutenant Governor was in a point of fact, as far as this Province and its Parliament were concerned, as completely irresponsible as tlie King liiuiftLlf; as tlioro ccrtai!)ly neither existed, nor in my opinion ought to exist, any legal or constitutional means of calling him to ac- count in this country, for any act of his government; —that his responsibility was to the King and Parlianitnt of ths empii;v, and was perfectly proper and necess.iry for the preservation of tho paramount authority of tho Alother Country, and the protec- Itiinof her interests in matteis proj)erly and conslituiionally he- longing lo the exercise of that authority ; but that what the Coi- stitution required was that there should be persons within tliis country itself, who could be made responsible to tho Provincial Parliament here, for the administration of tha internal aflairs of Itiio Province. To another objection of Ilis Excellency, tliat the adopfiou lof my views would deprive the Lieutenant Governor of all power, and convert him into a cypher; I distinctly denied any sucli aj la consequence of my principles, as I fully admitted the Liciite- Inant Governor to bo constitutionally clothed, as the Ro/.d i?o- Ipresentative, with iru same powers withia t!ie Province, ^n\^^ Ircspect to its internal aflairs, astiiuse possessed by tho King lum- Iself with respect to the aflairs of tin* ompiro at large; — whio japppared to me to be all that he could desire, and at all eve as all jthat the Constitution had given him ; — that he had always iha 111 4 •Wfm^ 12 Appendix. i samn constitutional right to accept or reject tlie advice of any of his Executive Ci)iincilior», and that as in England the only alter- native for them was to resign, vhen they and the Lieutenant Go- vernor dilforcd on any point which they conceived of sutTicient im[iort;inco to call for such a step ; in which event the Lieutennni Governor was perfectly free to call to his Council whom he p!e isc'd. His Excull«Micy very candidly declared his entire dis- sent from such views and opinions, he nevertheless, with the most gracious expression of sutisfactioa at the very full and can- did manner in which I had opened them to him, renewed his so- lii-it;»tion for rny acceptance of a seat in the Executive Council; sufrgestingas an inducement for such acceptance, the increased facilities which hy my place in the Executive Council would be aflb-ded towards the more efficiently representing and urging my \iews — His Excellency declaring that his doors should at ail times be open to me, and that he should be most happy to listen, and n[ive his most serious consideration, lo any subject which I might at any time think it important to lay before him :--His Ex- CJ^llency always reserving the right to decide for himself, — His Excellency at the same time remarking that he had no objection to the (]!ouncil each continuing to entertain and urge his indivi- vidual opinions, as the opinions of one would be neutralised bj those of another. I then informed His Excellency that upon the principles •which I had opened to him, there were two grounds upon which I could not consistenlly comply with His Excellency's wishes first, that no Provincial Administration woidd in my opinion capable of aflbrding His Excellency that assistance and support which his government would require, unless suiTiciently possessedj of the confidence of the Provincial Parliament, to ensure majO' rities in it ; and that I did not feel that that confidence could be] obtained without firther assistance ; and secondly, that althougti| in private life I was on perfectly good terms with all the gentle men who then compo^•ed His Excellency's Executive Council and on most friendly terms with one them ; yet that as publii men, I had in them no confidcncb whatever, and had formerlvj when in public life, denounced them and those with whom the] acted, as politically unworthy of the confidence of the country and therefore that I felt th^t I could not take office with them. At length after a consultation, held by His Excellency's per mission, with Dr. Rolph and my father, I finally, on the tvi grounds above mentioned, declined to accept a seat in the Exi cutive Council. It is proper that I should here remark, that though thei principles were fully opened to His Excellency at my first inter view, some parts of the conversation above adverted to, (thougl I believe none that could be considered essential to the full expo si ■ n of the principles themselves) passed dMring thi) subsequM Ap I'ENDJX. IS dvice of any of 1 the only aher- Licutenant Go- ed of sufficient t thn Lieutenant uncil wliom he his entire dis- leloss, with the ery full and can- renewed his so- Bcutive Council; e, the increased 'ouncil would be ig and urping my yrs should at all t happy to listen, subject which 1 e him:- -His Ex- or himself,— His had no objection I urge his indivi- be neutralised by jn the principles! ounds upon whichj rellency's wishes; in my opinion bel ance and supp^rtl iciently possessedl to ensure majo-r ifidence could b«| y, that althougti|| ith all the gentle-f tecutive CouncllJ ret that as publitT nd had formerlyj with whom thejf of the countr)'- ffice with them. Excellency's perJ ally, on the m seat in the Exf hat though thes at my first interj verted to, (thouglj to the full expo' ig thi> subsequ«»| interviews which I had the honor of having with the Lieutenant Govornor, in the course of the oegociation. Having been subsequently again sent for by !Iis Excellency, and requested to state more explicitly what the assistance was to which I had before alluded, I replied that I considered the assint- anco of Dr. Rolph, Mr. Bidwell, my Father, and JMr. Dunn in thi) Executive Council, most desirable; and that of Dr. Rol|>h as absolutely necessary to insure that public confidence in His Ex- cellency's Government, without wnich I was convinced His Ex- cellency with the best intentions in the world, would fail to ac- complish those desinible objects which he had in view. His Excellency after an interview which he informed me he had had with Mr. Bidwell. again opened the negociation by a re- newed tender of a seat in the Executive Council, giving me at the same time to understand, that if accepted, he was piepared to afford mo tho assistance of Dr. Rolph and Mr. Dunn, should these gentlemen have no objections to join mo. Upon this, with His Excellency's permission, I again con- sulted with Dr. Rolph, Mr. Bidwell and my Father, and I feel it due to the two latter to take ibis opportunity of stating, that I re- ceived the fullest assi'rance of their most cordial support to a ca- binet composed of Dr. Rolph, Mr. Dunn, uiid myself— and the expression of tlicir opinions that, in the prtsent conjuncture of public aflairs, their being taken into the cabinet ought not to bo further uiged, — which disinterested course on their part, so con- sistent with the position which they hold in the public confidcnrp, the country I am persuaded cfinnot fail to appreciate. This re- newal of the negociation was, however, uUiuiate'y closed by my again finally declining to accept office, in consequence of His Excellency not feeling himself justified in conseniing to the re- moval of those gentlen:on who were already in tl'« Council. Upon this. His Excellency sent for my Father, to whom he made a similar tender of a scat in the Executive Council, and his fullest confidence in tho event of his accepting it, and I am authorised to say that Dr. Baldwin on that occasion, informed His Excellency that his views and principles were similar to those which had been already fully laid before His Excellency by me ; and that ho felt it impossible to take office in conjunrti<'n with tho three gentlemen who then formed His Excellency's Executivo Council. His Excellency then sent for Dr. Rolph to whom he- made a similar tender of his confidence, Dr. Rolph lia\ing obtiined Hii Excellency's permission to consult Mr. Bidwell, Mr. Dunn, my Father, and myself, it was in the course of that consultation pressed upon me, that as the principle of responsibility although long before the public had never yet been practically acted upon, and that taking it for granted (as it was but justice to His Ex- cellency to do) that His Ex<.c11ency, although mistaken in his r' h i 14 Appendix. ' views of the Constitution of the counti y, might yet be sincerely tiesii-ous of governing according to that Constitution, and that in that case ail that would bo fouid nivissary was to convince him that the views ar ' /finriples which I liad opened to him were just and coiisiiiutionai, to insure their adoption, or tho i)rocuie- ment of Ills l^xcellcncy's iiifliKMK-c, to obtain thoir adoption, ami that notwithstanding whit liis Cxcilloncy Imd said witli respoci to the opinions of ouo ninnibur of the Council being neutralist!] by those of another, wiiich r.j-.pearcd to arise more from a want of sufucient pructical acquointancc witli t!i:) workings of the po- lliical niac'-iiiery of Government, which time and experieiuH would nf^ccssarily correct, ihan fiom any otlu-r cause ; it would perhaps not be perrorming our duty to His Excellency or tlie counny, were wo, after his having gone thus far to m.et our views peremptorily to refu.;e all concession on our part. To this reasoning having given a most reluctant consent, I empowered Dr. llolph, in accordance with the course deemed hy liim most res|)ertlu! to His Excollonry, to state to the Lieuienaut Governor that I was uiliiogwith His Exc-llency's permission, to reconsider His Excellency's proposal, and to consider tlie nego- ridtion re-opened, upon the footing on which it sti>od previous to its having beei» last closed with nic, — to which His Excellency liaviu:^ at once acceded, and tho negociatioii having been ihus re-opened, after some further consultntioii upon tho subject with Mr. Dunn, His Excellency was Hnally informed that Mv. Dunn, Dr. Rolph and myself had, though reluctantly, consented in Gomp'iauco wiili His Excellency's wishes, and as a mere experi- ment, and one which wo feared would tail, to accept seats in His Excellency's Executive Council, without the retirement of the three gentlemen v.'ho were alroa^ty in(>mbers of it. Afterwards, on our all waiting on His Excellency, previous lo our being sworn, I pointed out and insisted upon the necessity, that lest comproiniye of principle might be imputed to us.in consev-iueiioe of the course we had taken, which in the public eye must necessa- rily appear equivocal, some announcement shorld be made of the unf(;ttered te-ms upon which His Excellency was picastd to receive us into his confidence ; which at His Excellency's sui;- j^estion was finally arranged to be in the shape of a note to that eifect, to bo addressed to mo (as the person first sent for) by His Excellency, and of which I was to be at liberty to H\ake any use tiiat I might deem necessary or proper ; whicli noto was at my request, in accordance with the gracious permission which I had received, read publicly by a member of each House of Parlia^ nient in his place, — this being the only manner in which it appi ar ei! to me the information which it WdS necessary that the public should bo in possession of could be commuuicatod, consistently «idi the respect due to a coaimunication, from tho Reprosentt tive of the King, Ar PENDIX. 15 ^et be sincerely ion, and that in ;o convince liim ed to him were or tlio procure- ir adoption, and [lid witli rcppoci {.'ing ntnitialistd oro ironi a want kings cf tlio |)n. an(l ex peril; lUH cause ; it would ncellency or tliu far to ro-et our ur part. ctant consent, I ourse deemed by () ilic Lieiilenant ''s permission, to nsidi-r tiie nego- st.Mid previous to His Excellency having been ihua the subject with :lthat Mr. Dunn, ily, consented in s a mere experi- ept seats in His itirement of tlie| lit. ncy, previous ;o I i(i necessity, tliat s.in consev-iueii'ej . e must necessci- Irld be made of was plcaskd to Ixcellency's sug- lof a note to that sent for) by His to make any use kioto was at niV Bon which I had louse of Parlia- (which it appi iir- that the puLlit: led, consistently liho Reproseiiti' Copies of this note and of my acknowledgment of the re- ceipt of it I subjoin. These negociations, partly retarded by my absence in the country, were in progress from the 8th until the 20th ultimo, on which day wo were sworn into office. Having thus explained the circumstances wiiich led to our appointment, I have only to add with respect to our retirement from office, that the p«"inciples, the facts and the views which were a'torw'irds embodied in the formal representation of the Executive Council w ero (at least ten days before being thus formaly jncstnted by His Excellency for consideration) at very considerable U n^lb, amicably discussed between the nirmbers of the Executive ('n-jn- fil and His Excellency, an.l afterwards continued tho siibj_ciof deliberate considciation among tho moii..jers themselves lor an- other week, when on the fourth of this month, the formal repre- sentation alluded to was unanimously adopted and presented to His Excellency, with respect to which I shall only add, that the cour 3 of local Government, and the reasons for if, set forth in tlie lepresentation from tho Council were thus officially suggested iQ the more formal consiJeration of His Excellency, from a so- lemi^ conviction that it was tho only system which would operate "for the good of tho King and of this Province, and for the peace, rest and tranquility of tho same." To this representation the Execunvo Council on the follow- ing Thursday, being the next regular Council day, received His Excellency's reply. In this reply Hij Excellency having intima- ted his wish " that should tho Executive Council be of opinion tli;it tho oath they had taken required tliein to retire from His Ex- cellency's confidence, rather than from the prinriplfs they had a- vowed, the}' would not on his account for moinont hesitate to do so." Tho members of tho Council on Saturday hist waited on His Ex- cellency, and tcndornd their resignations — which His Excellency was graciously pleased to accept ; with respect to which I would hero take tho liberty of rcmarkin;', that having in the represen- tation alluded to, but reiterated in a more formal manner in con- junction with my colleagues under the sanction of the oath which 1 had in the meantime taken, tho same principles and opinions which His Excellency knew mo to entertain previous to his hon- ouring mo with a seat in his Council, however desirous I might be of giving my best support to His Excellency's Government, or of not hastily abandoning the important duties of my situation, which had been most unwiiUngly assumed, I could not for a rao- meiit hesitate, whon tho aiternative presented to mo was the abandonment eithci ot' my principles or my place. I I' ,'e the honor to be, Dear Sir, Your n ost ob't humble sorvV, (Signed) ROBERT BALDWIN. Peter Pebrv, Esqu-re, ^I. P. I'M' if ■m II MW •\M\ 16 Appendix. Copy. Oovernment Homt, \ . February 19th, 1836. \ Dear Sir: I have great pleasure in learning that you, Doc- tor Rolph, and Mr. Dunn accept the invitation I havo made to you, by joining the Executive Council. The confidonca I shall rtspose in you will be implicit, and as I have no preliminary conditions either to accede to or require frou) you, 1 shall rely on your giving nie your unbiassed opinion on all subjects, rcspeeiing which I may feel it advisable to re- quire it. I reinaiu dear Sir, Your's faithfully, (Signed) F. B. HEAD. R. Baldwin, Esq. [Copy.] Mr. Robert Baldwin has the honor to acknowledge the re- iptof His Exrellenoy, the Lieutenant Governor's note of tho -Jth instant, and will transmit a copy to Mr. Dunn, ana Doctor Rolph, without delay. Front Street, 20th Februari/, 183G. ce 19th D ADDRESS OF THE COMMON COUNCIL OF THE CITY OF TORONTO. To His Excellency Sir Francis Bund Head, Knighl Commander of the Royal Hanoverian Guelphic OrierA and of the Prussian Military Order of Merit, Lieutenant | Governor of the Province of-^ Upper Canada, Sfc. S^c. May it please Your Excellency : We, His Majesty's dutiful and loyal subjects the Mayor,] Aldermen and Commoniilty of the City of Toronto, most re- spectfully beg leave to state, that at tlio present most difficultl and important era in the history of this Province, when thisj Council had fondly hoped that the dppolntment of Your Excel- lency to tho government of this ooimtry, with tho accession tol tho Execuf've Council, appointed for the nflairs thereof, of gentle- men of intbgiity and talent, known to possess liberal constitution- al principles, would buve secured to its inhabitants that wise,! just and liberal policy so imperiously demanded, to strengthcnl the bonds of union between the mother country and tho colony; A IMPEND IX. 17 t Houst, \ . h, 1836. i lat you, Doc- havo made to nplicit, and as to or requiro iiissed opinion Ivisablo to re- B. HEAD. jwled^e the re- or's note of tlio ana Doctor nn :iL OF THE Head, KnigU luelphic OrierA irit. Lieutenant] \la, Sfc. Sfc. [cts the Mayor, )nto, most re- It most diflficult lince, when this lof Your Excel- lio accession to lereof, of gentle- [ral constitution- lants that wise, I, to strengthcnl ind tho colony; this Council have with extreme regret and surprise witnessed their just anticipation destroyed by the dissolution of tho late Executive Council and the appointment of another in their stead composed of gentlemen who, however worthy in tiieir individual private capacity, aru incapable fiom their well known political vioHS of giving satisfaction to the people, and that this Council, as the representatives of the inhabitants of the cnpllal of Upper Canada (from this as well as other causes not necessary to be here explained on account of their general notoriety,) have no confidence whatever in the present Provincial Administration, not deeming them competent to advise with the Riprescntative of our Most Gracious Sovereign upon the peace, welfare and prosperity of the Province. We therefore most humbly pray Your Excellency to be pleas- ed to dismiss Your present advisers, and call to Your coungil, gentlemen possessing the public confidence, as t!)c only measure, la the opinion of this Council, calculated to insure the tranquil- lity of tho Province at the present crisis. HIS EXCELLENCY'S REPLY. Mr. Mayor and Gentlemen : — The particular interest wlrfch I take in the welfuie of this Capital, of which I am myself an inhabitant, induces me to reply at some length to the address 1 have just received from you, in which you slate, 1st. — That you have no confidence in what yon term " the present Provincial Administration," and 2ndly. — That you beg leave to name for me, other individuals for that station. With respect to a "Provincial Administration" although no such power exists in this or any other colony of the British Eni- I pire, I may remark, that very shortly after the late addition to tho Executive Council, I observed that groat efforts were making to Jciude and persuade the public mind that the new Council were entitled to claim the responsibility, power, and patronage of tho [Lieutenant Governor, and that such an arrangement would be jliighly advantageous to the people. Blinding that this new theory was rapidly gaining ground, I re- I solved to offer it no secret opposition, nor in any way to exert my infiucnce to oppose it; but I determined the very first time ilshoii'J come well within my reach, that I would drag it into day light, in order that it might be openly, fairly un J constitution- ally discussed. From several places I subsequently teceived adresses on th» I subject, which I did not deem it advisable to notice ; but to my I astonishment there suddenly appeared from a quarter from which . certainly least expected it, namely from the Executive Council itself, a document (a copy from which had beed inscribed in (ho 5 'I ■11 I' m III ■■'\$ ■ '\' 4 '•'J .'« i '.',1 1 11 '-' t'J M' 1 ■' i? 18 Appemdix. Miuutea of the Council, signed by all the six Councillors,) openly declaring that what had secretly been promulgated respecting the powers of the Executive Council, was actually the law of the land ! The question being fairly before itip, I deliberately opposed it- accepted the resignation of the Six Couucillors, and at the request oftlio Assembly I laid before that House the communication I had received from the Council, with my reply. The subject was thus formally brought before the public, and having performed this duty, I felt comparatively indijOferent as to the result ; for if the power and patronage of this Piovince which have hitherto been invested in the Lieut. Governor, really belong to his Council, I consider that without reluctance they ought at once to be delivered up and secured to them. The House of Assembly, however, cannot alter the Constitu- tional Act of this Province — neither can I ; and as regards po- pular meetings, I need hardly observe, that if the inhabit- ants of the whole Province were simultaneously to petition me to c)lt( a sin$;le letter of that solemn Act, I have neither power nor inc'ination to do so. If it should prove that the practice which has hitherto been pursued is erroneous, I will not for a moment hesitate to acknow- ledge it ; and in ' that case, I should feel it my duty at once to recall to my council the six members who have resigned ; but I cannot be blind to the fact, that the Constitutional Act which is open to every body, docs not create any Executive Council at all. The members of the lato Council rest their claims very nearly on the following grounds : 1st. That tho responsibility they assume, being a popular opi- nion daily increasing, is consequently the law of the land ; and 2nd. That though the powers they acquire are no where ex- pressed in the Constitutional Act, they weie evidently intended to have been inserted. I conceive that these arguments ^o not even require to bo refuted; and with respect to what Genl. Simcoe or any other Governor may have asserted, I must also be permitted to assert, that the rights, liberties and property of the inhabitants of this Province, would ba insecure indeed, if they rested on any such declarations. The Constitution of this Province is the sacred charter of ih land ; and it is no less my duty, than tho interests of its inhabitants that I should firmly maintain if, as I ever will, inviolate. If that charter constitutes a "Provincial Ministry," it need only be shewn to me, to be secured; but I deliberate 'v repeat that it contains tho creation of no such a power, and in my opinion, were it to be now created, it would bo productive of the most Yitioui effeots ; for if the power and patronage of the Crown ilUors.) openly respecting the ihe law of the I y opposed it- fat the request umuDication I he public, and ndifferent as to 'lovince which r, really belong e they ought at sr the Constitu- 1 as regards po- if tho inhabit- sly to petition , I have neither i hitherto been tate to acknow- luty at once to resigned ; but I \ Act which is > Council at all. ms very nearly a popular opi- he land ; and no where ex- iitly intended to require to bo e or any other nitted to assert, abitants of this id on any such charter of the its inhabitants late, jistry," it need jeratf'v repeat in my opinion, /c of the most of the Crown Appendix. 19 were to be di'livored over to a tribunal sworn to tectecj, they would very soon fall into the hands of a fow metropolitan familiei who might possibly promote thair own views, to the rejection of the interests of the distant Counties : wiicreas while these pow- ers continue invested in the individual appointed by Ills Majesty to be the Lieutenant Governor of this Province, ho ^being a stranger) can have neither interest nor inducementto abHse them. No one can be more anxious thin I am, that this plain consti- tutional question should be gravely and calmly discussed, for it will be impossible for me to atlemjjt to correct the grievances of the country, until I can prevail upon the Legislature to follow mo cheerfully in the noble object we have in view; and I certainly do feel most deeply, that, for the sake of the people, those who are invested with power ought manfully to determine to l;jy aside all private feelings — to forgive and forget all political animosity, and to allow His Majesty's wishes, and my instructions, to be promptly executed. With respect to the want of confidence you express in the Council I have just selected, I will only observe, that in my judgement, thoy appear to be sensilile, steady men of business, of high moral worth ; and I cannot but recollect, that one of these g'mtlemen was, only a fow weeks ago, actually the Mayor of your own City, selected by yoinselves as being peculiarly entitled to that public confidence which you now declare is deniud to him. With this moral before your minds, you surely cannot but ad- mit, what a political tempest would continually exist — how tlia interests of the farmer would be blighted, were the power and patronage of this tiiinly peoided Province to be transferred from His Majesty's Lieutenant (Jovcrnor into the hands of what you teira a "Provincial Ministry" at Toronto. ADDRESS FROM A PUBLIC MEETING HELD IN THE CITY HALL. To iris Ex,ccllcncy Sir Francis Bond Head, K. C. II. ^•c. ^'C. S^c. May it please Your ExcKMiKNCv : We, His Majesty's dutiful and Io3'al subjects, the In- habitants of the City of Toronto, assembled under tho authori- ty of the Mayor of the city, beg respectfully to submit to Your Excellency this oi;r address, containing liie expression of our sentiments and feelings in reference to tho lato changes in the Executive Coimcil, and of tho opinions which have been expres- sed by Your Excellency as to tho nature of the Constitution of this Province : .ilii: :., I i : J ' M i 23 Appendix. That Colonel Simcop, the first as well as llie ablest and most enlightened Lieutenant Governor of this Province, who was a nieiober of tlie pjiiliamen* of Great Britain when the Sta- tute 31st Geo. 3, chap. 31, coniincnly '■ulled the Constitutional Act, was pnssprl, was the hearer of that Act to this colony, and was authoiiscd unduiibtedly hy His Majesty's Government to declare to iiis fiithful siiljecls in this Province, the iiaturc of the Consiiiiition, tiien about to be put into operation for their bene- fit, a!id who assured tiie people of this Province from the Throne, on tlie opening of the first session of the Provincial Parliament that tli»^ said Act liad " establikhed tlin Er'Uhh C:,nstitutio7i, and all the forms which seciire and maintain it in this distant country," and " that iho wisdom and beneficence of our Most Gracious Sovereign, rnd the Biitish Parliament has been emi- nently proved, not only in imparting to us the same form of go- vernment, but also in securing the benefits of it by the many provisions that guard that memorable Act, so that the blessings of an iiivaluable Constitution thus protected and amplified, they nii^ht hope woidd bo extended to ihr remotest posterity ;" and that the same Governor upon closing that session specially en- joined upon the mendicrs of the Legislature froni the Throne to explain lo the people of the countr\', " that this Province was singularly blest, not willi a mutilated Constitution, but a Con- slitution which has stood the test of experience, and was the very imrge and transcript of that of Groat Britain. "' That it is an essential and inalienable feature of the British Constitution thus assured to us, that the King shall be assisted in all the aflairs of Government by the advice of known and res- ponsible Councillors and Officers who possess the confidence of the people, and of the majority of their Representatives ; n.nd that our follow subjects in the United Kingdom would indignant- ly resent any attcnipt to deprive them of this part of their Con- stitution, as an infiinpemeiit upon their most sacred rights and libeities, and a step taken to degrade them to the condition of slaves. That the recent appointment by Your Excellency of iho Honorable J(din Rolph, Robert Baldwin and John Henry Dunn as Executive Councillors gave universal gladness and satisfac- tion throughout the Province, those gentlemen having been long known, beloved and respected for the talents, acquirements and virtues which adorn their characters, the liberal and patriotic principles that th^^y entertain, and the iniportant services which they have respectively rendered to the people of this Province, and that the selection of them by Your Excellency as your ad- visors disposed His IMajesly's subjects to hope that a new and liappy era had at length arrived in tho history of this Province. That WG have learned with surprise and sorrow that those gentlemen, together with tho former members of Your Excel- ti)C ablest and Provinco, wbo I when the Sln- ! Constitutional his colony, and jlovcrnnient to le naluro of the for iheir hene- am the Throne, ciiil Parliament I C constitution, in this distant ce of our Most has heen cmi- me form of go- t hy the many at tiie blessings amplified, they posterity ;" and )n specially en- I tlie Throne to s Province was )n, but a Con- nd was the very •e of the British II bo assisted in nown and res- confidence of ntatives ; «>.nd ould indignant- of their Con- cred rights and 10 condition of cellcncy of iho n Henry Dunn and satisfac- ving been long uirenients and and patriotic sprviros which this Province, y as your ad- lat a new and this Province, row that those f Your Exccl- Al'PENDlX. 2\ jency's Counril, have found thrmselves under the necessity of resigning their seats, and that Your Flxcellency appears to us, to have taken ollence for no other reason than the respectful ex- pression of nn opinion in favor of the Government being con- ducted on the acknowledged principles of the British Constitu- tion ; an opinion supported by unsmswerable arguments, and which they were bound by every obligation of honor and duty as faithful Councillors to express to Your Elxceliency. That our most sincere respect and qratittide are dun fo those ;;ontl(>men and their lite colleagues in Your Excellency's Coun- cil, for the noble efforts which they made in the honorable and upright discharge of their duties, to secure to the people of this Provinco the practical benefit and faithful application of consti- tutional principles of the highest importance to their liberty v.'^'i prosperity; and that we are solemnly called upon at such a cri- sis to declare our firm and unalterable determination to resist eve- ry attempt to mutilate and deform our Constitution by the denial of those principles, or the refusal of the full benefit and prncti- ciil operation of them, and that the people of this Province will never, in our humble opinion, be content with a system that is only a mockery of a free and responsible Government. That we feel it our boundcn duty to declare to Your Excel- lency, that the gentlemen whom Your Excellency has called to your Council, since the resignation of your late Council, do not in any degree possess the confidence of the people of Up per Canada. We further humbly express our disappointment and regret at the remarks which Your Excellency has, by evil and unknown ciiivlsers, been induced (o animadvert upon the circumstances un- der which Your Excellency caused your late Council to resign ; !ind that respect which it is equally our duty and inclination to pay to the Representative of our Most Gracious Sovereign, for- bids our declaring on this painful occas'on any other feeling than that of an earnest hope that the persons, whoever they may he, who have heen guilty of such an abuse of Your Excellency's confidence may be forever discarded by Your Excellency. In conclusion, we beg leave to state to Your Exrellencv, that as subjects of the British Empire we claim all the rights and privileges of the British Constitution, and as subjects of a Bri- tish colony po!-"essing the powers of self-government given to it by the Parent State, we claim our risjht that the Rejiresentativ© of the Crown shall bo advised in all our alV.iirs by men known to, and possessing the confidence of the people ; and as the true friends of His Majesty's Government, and to the permanency of our connexion with the Pa.-ont State we earnestly entreat Your Excellency to regard our opinions and remonstrances (firm- ly though we hope respectfully expressed) and to adopt mea- i 1!,,„ ■^^>'-% Mi '^'i li •1'! m iill ;.i n fi t ; M I ■■ ;; I ';i m :||Jl i m IS. . If'/. 22 AlTENDlX. ■ures to calm the present extrnordinnry state of public excite- ment, aggravated by the high hopes created in the public mind by the removal of Sir John Coiborne, and tlie appointment ot Your Excellency to the head of the administration. By Older of tho Meeting. (Signed) T. D. MORRISON, Mayor, Chairman. JAMES LESSLIE, Secretary. Toronto, March 25th, 1836. HIS EXCELLENCY'S REPLY. Gentlemen : — Having reason to hcliove tliat the meeting from v.hiclr you arc a dopiitation, was composed principally of the industrious classes, and being persuaded that the liberal prin- ciple of tho British Government, in whatever climate it may ex- ist, is the v.'ciraru and hajjpiriess of tiiu people, I shall make it my duty to reply to your addicss with as much attcntiou as if it had proceeded from eiilier of (lie branches of the Legislature, although I shall express niysoif in plainer and more homely lan- guage. ' 1st. I h;»ve no wish to deny " that Colonel Simcoe was the first as well as the ablest and most onliglitened Governor of this Province — that ho was a member of Parliament when tho Sta- tute 31st Geo. 3, chip. 31, commonly called tlie Constitutional Act was passod ; and that ha was tho bearer of that Act to this colony;" but I ask 3'ou, can this possibly alter the solemn Act itself] for surely your Ortn plain good sense will toll you, that Colonel Simcoe had no more power, either during his voyage or on his arrival here, to alter tho cliarter committed to his charge, than I had power to alter the Instructions which I lat(dy deliver- ed from Mis Mdjosty to both Houses of your Legislature ; and so, if Colonel Simcoe, instead of saying that tho Constitution of this Province " was the very iir^agc and transcript of that of Great Britain," had (bought proper to compare it to the arbitra- ry Governments of Russia or Constantinople, it would in no way have injured yotir liberties, or have altered one single let- ter of the written charter of your land. 2nd. I have no wish to deny " that in the British Constitu- tion the King is assisted in all the affairs of Government, by the advice of known and responsible councillors and officers, who possess the confidcncn of the people,'' and who form Ills Ma- jesty's Cabinet; but Colonel Simeoe, who j'oii yourselves state "was autlio' i^sod undoubtedly by \\\a Majesty's Government to declare to his failliful suiijccts in this Province tlie nature of the Constitution," created no such cubiiiot, nor any cabinet al all r public excite- the public mind nppointment ot on. N, Mayor, Chairman. E P L Y . Iiat the meeting sd principally of the liberal prin- iniatn it may ox- I shall make it attention as if it the Legislature, lore homely Ian- I Simcoe vras the Giovernor of this t when the Sta- e Constitutional that Act to this tho solemn Act 1 toll you, that g his voyage or li to liis charge, I hitrily deliver- egislature ; and |ho Constitution cript of that of t to the arbitra- lit would in no one single let- itish Constilu- [rnment, by the officers, who form His Ma- [ourselves state rovernment to nature of the Icabinct iit uU ApPETfDlX. 28 lad from his day, down to the present hour, there has never ex- isted any ministry in the colony, except the Governor, who U himself the responsible minister of the Crown. Supposing it were to be argued that four-fifths of the mem- bers of your House of Assembly ought immediately to be dis- missed, because, in proportion to the population of Great Bri- tain and Ireland, there exist five times as many members hero as in the English House of Commons, would you not think it very irrational that this noble but thinly-peopled colony should be made " the exact imago and transcript of tlio British Constitu- tion merely because Colonel Simcoe happened to use these words ] Would you not immediately appeal to your Cons;itu- tional Act on the subject 1 Would you dconi it just that a young rising Province like this, should be afllicted with the same expensive machinery re- quisite for the Government of the mother country, 4000 miles off? Would you not very fairly argue, that as the whole popula- tion of this immense country exceeds only by one-third that of the single parish of St. Mary-lo-bonne in London — and as the whole of its revenue does not equal the private fortune of many an En- glish commoner, it would bo unrensonable to expect that ihu people of this Province should be mined in vainly attempting to be the "exact image and transcript" of the British Constitution. But the Constitution which His Britannic Majesty George the Third granted to this Province ordained no such absurdities; and you have only to read that Constitution, to see quite clearly the truth of this assertion. The yeomen and industrious classes of Upper Canada should never allow a single letter to b« siibstracted from, or added to, this great charter of their liberties ; for if once they permit it to be mutilated, or what may bo termed improved, they and their children becomo instantly liablo to find themselves suddenly de- prived of their property, and, what is bolter than all property, of their freedom and independence. By this Act, you are of course aware that a House of Assem- bly, a Legislative Council, and a Lieutenant Governor are ap- pointed ; but it creates no Executive Council : and if peo; lo tell you that it does, read the act, and you will see the contrary. Now, as regards tho House of Assembly, you must know, that being your Representatives, they are of course answerable to you for their conduct ; and as regards the Lieutenant Gover- nor, I publitly declare to you, that 1 am liable to dismissal in case I should neglect your interests. But, contrary to tlio praclico which has pxisted in this or any other British colony, — contrary to Colonel Simcoo's prac- tice, or to the practice of any other Lieutenant Governor who has ever been stationed in this Province, — it has suddenly been flemandcd of mo that the Executive Council nro to be rcsponsi- I! ■ 'Mi ;'t1 til ■hi I hiiiiiili it!»!uj||Sl| 24 Appendix. li''li:: bio for my acts ; and, Lecauso I have refliseJ, at a moment's warning, to surrendor thnt responsibility which I own to the peo- ple, — whose real interests I will never abandon,— I find that eve- ry possible political edort is now muking to blind the public mind, and to irritate its most violent passions. But I calmly ask, what can be the secret reason of all this? Is it usual for ono person to insist on bearing another person's blnmu ] or for a body of men to insist on receiving the punish- ment incurred by an individual superior to t'icm in station? — Wliy, therefore should my Council, whose valuable advice, if it were not to be forced upon mo, I should be most anxious to receive, be required to demand from mo my responsibility ■?— What reason cai exist for itttcmpting to deprive me of the ordy consolation which su|)ports any honest man in an arduous duty, namulv : the refloction that ho is ready to atouo for every error he commits, and that he is subject to arraignment if he olTends? Why should it be declared that responsibility would bo more per- fect with my Council than with mo? Are they purer from par- ty feedings, or less entangled with their family connoclious, than I am ? How can pcntlemen who have sworn to be dumb, be res- ponsible to the yeom:inry and people of tiiis rising Province ? — How could they possibly undertake to administer this Govern- ment, with mouths sealed by an oath which forbids them to dis- close, to any one, the valuable advice they may conscientiously imparl to me ? The answer to these questions is very short. The political party which demand responsibility from my council know per- fectly well that the power and patronage of the crown are at- tached to it ; and it is too evident, that if they could but obtain tiiis marrow, the empty bone of contention — namely : responsi- bility to the people, — they would soon be too happy to throw away ; and from that fatal moment would all those whd nobly appreciate liberty, who have property to lose, and who have children to think of, deeply lament, that they had listened to so- phistry, had been frightened by clamor, and had deserted the Representative of our Gracious Spvereign to seek British jus- tice from his mute but confidential advisers. This supposition, ho ivever,! will not permit to be realized; for never will I surrender the serious responsibility I owo to the people of this Province; and 1 have that reliance in their honesty — I. have lived so intimate- ly with the yeomanry and industrious classes of our revered mo- ther country, that I well know, the more I am assailed by fac- tion, the stronger will be their loyal support, — and that if inti- midation be continued, it will soon be made to recoil upon those who shall presume to have recourse to it. The Grievances of this Province must be corrected — im- partial justice MUST be administered : the People have asked for II gn»i hoi ly si takil (reel in itl to ai (luinl am reigi inthl of ml trand AfPENDlX. or, matt X a niomeni'g wn to the peo- [find thateve- le public mind, son of all this? lolher person's ing tho punish- 1 ill station f— lable advice, if uost anxious lo sponsibility 1~ nie of the only I arduous duty, [or every error t if he offends? dd be more per- )urer from par- )nnoclioiis, than ) dumb, be res- ig Province 1 — ir this Govern- lids iheni to dis- conscientiously . The political incil know per- le crown are at- ;ould but obtain uely : responsi- iapj»y to throw liose wild nobly and who have listened to so- d deserted the k British jus- is supposition, ill I surrender Province; and led so intiniate- ur revered mo- ssailed by fac- Ind that if inti- cuil upon those corrected — im- Ihave asked lor iH-tlM)4r Sovurcigu has orduined it — I am here to execute hi< gracious commands — delay will only increase Impatience. Those, however, who have long lived upon agitation already, too clear- ly see their danger ; and, with surprising alacrity, they are now taking every possible measure to prevent me from rooting up the tree of abuso, because they have b-iilt and feathered their nests in its braiiclios. They asked, however, for the operation, and to amputation they must very shortly submit ; for what's worth doing should always be done well.*' I have come here for the avowed purpose of reform, but I am not an agitator ; and, by command of our Gracious Sove- reign, I will maintain the constitutional liberties of his subjects in this Province, and at the same time encourage, to the utmost of my power, internal wealth, agriculture, commerce, peace and tranquillity. With respect to ihy late Council, I regret, quite as much as you can do, their resignation ; but, before they took the oath of seciecy, (which appears to my judgment lobe an oath of noit- rssponsibilily to tlie people,) I addressed to them a note which dearly forewarned them, as follows : — " J shall rely on your giving me your unbiassed opinion on all subjects respecting which I may feel it advisable to require it." Three weeks after they had joined the Council, they alto- gether, in a body, disputed this arrangement ; and accordingly we parted on a matter of dry law. No one can deny that my view of the subject agrees with Ithe practice of Colonel Simcoe, and of all the succeeding Go- I veroors of this Province down to the day of Sir John Colborne'a arture; but that is no proof whatever that the practice has Ibeen right, — and, if you would prefer to form your own opinion I of the law, read the Constitutional Act. With respect to my new Cot,uncil, whose high moral charac- iter I cannot but respect, I shall consult them as unreservedly as llhad promised to consult those who have just resigned ; and, if lany eumpetent tribunal shall pronounce that they are responsible Ifar my conduct, no one will be a greater gainer than myself by Itlio decision. In the meanwhile I shall deal openly and mildly with all par- 11199; and I trust that I can give you no better proof of my own iintcntion to be governed by reason than the explanation I have Just offered to yourselves, the citizens and industrious classes who |iiit«nded thu Toronto meetiug. True CopioB. J. JOSEPH. ICtjrY. F In the name and on the behalf of His Majesty. Seoroe p. R. Instructions to our Right Trusty and Right Entirely wloved Cousin and Councillor Charles Duke of Richmond, Knight 4 «-:ii* if I Mm 26 Apfii«dix. !• I of tha Most iXoblt) Order oC the Guiler, Ociicr.U of uur ruiaon, (>tu Captain General and Covernor-iii-Chiut' in uikI ovtrour Province ol Upper Canada in America, or in hia abseuco to llic Lieutenant Uuv- «ruor or Coinmandcr-in-Chief of our said Province (or iho time be- ing. Given at Our(>ourt at ('arlcton klouse the ninth da^ of Mav 1818, in tlie lifty-eiylitli year of our Reign. Charles Ucke ok Richmond, K. G. LnSTUUCTIONS. Isl. With these Our Instructions you will receive Our Com- iais.sion under Our Great Seal of Our United Kingdom of Great Britain and Ireland, constituting You Our Captain General and Go- vernor-in-Chief in and over Our Provincea) of Upper Canada and Lower Canada, bounded as in Our said Conmjissioii n particularly expressed in the execution therefore of so much of the Office aud Trust We have reposed in You as relates to Upper Canada You lire to take upon You the Administration of the Government of the said Province and to do and execute all things belonging to Your Com- mand according to the several Powers and Authorities of Our suiJ Commission under Our Great Seal of Our United Kingdom ol Great Brhain and Ireland and of the Act passed in the thirty-first year of Our Reign therein recited and of these Our Instructions to You and according to such further Powers and Instructions as You i shall at any tinio hereafter receive under our Signet and Sign Mana- al, or by Our Order in our Privy Council. 2ud. And you are with all due solemnity before the members Ul our Executive Council to cause Our said Commission to be read and published, which being done. You shall then take and also admiDi}-[ ter to each of the Members of Our said Executive Council the sev- eral oaths, and subscribe to the Declaration therein required. lil iig to Your Com- riiies of Our said jited Kinjidoin ul iu I he tliirty-first ur lustruclions to istructiung as You t and Sigu Manu- re the members ol ision to be read and . and also adminis- Council the sev- 1 required, administered, the persons except aj or exercise auj ovince previous tu ,u shall also cause ation, but in cases our s'.iid rroviiicc Our subjects who you shall so olUn such Office, IMacc ministered to hiiii ut passed iu the r maliingmoroel lUCC of Quebec in ixeculiou of sudi Teats and Oailii 1 should be an Ex Govoruor or Tt'i I'ruvinoc of UpF nominate andap :\ecutivo Council km Duinmcr I'ow listicc ot our M\i ApPF.xnix. 27 frovinc* Tor the finie buin};, Jacob, I^ord Bishop of Cidebfic, Jume* IJfiby, Siimuel Smith, ilic Kcv. Joiin Htrachan, I). I)., and William Claus, Esquire. And whtTtMs by an order passed in tho Province of (incbec the Governor and (^onncil \ver« constituted a Court of Civil Jurisdiction, for hearing and determining Appeals in certain cases tlicrein sprcified, and whereas by an Act passed in the thirty-first yoar of Onr Reign, it is declared that the Governor, Lieutenant Gov- I'riior, or Person administerins; the Government of the said Province, together with such Uxocutivc Council shall be a Court of Civil .Ju- risdiction within Our said Province for hearing and determining Ap- pnrds within the same in the like cases and in the like manner and nuliject to such Ap|)R;d therefrom as such Appeals might have been before the passing of the above recited Act heanl and determined by the Governor and (Council of Quebec. In order therefore to carry ihesaid \ct into execution. Our Will and Pleasure is, that you do in all civil cases, on application being made to you for that purpose, permit and allow Appeals from any of the Courts of Common Law in Our said Province unto You and the Executive Council of the said Province of Upper Canada in manner prescribed by the obovs mentioned Act, and You are for (hat purpose to issue a Writ as near- ly in the accustomed manner before the passing of the above men- tinned Act in respect of such Appeals as the case will admit, return- able before yourself and the Executive Council of the said Prov- ince, who are to proceed to hear and determine such Appeal wherein «uch of the Executive Council as shall be at tjiat time Judges of tho Oourt from whence such Appeal shall be made to You and to Our said Executive Council ns aforesaid, shall not be admitted to vote upon the said Appeal, but they may nevertheless be present at the hearing thereof to give the reasons of the judgment given by them in the causes wherein such Appeal shall be made provided never- theless, that in all such Appeals the sum or value appealed iir do fflcecd the sum of three hundred pounds Sterling, and that security be first duly given by the Appellant to answer such charges ns shall be awarded in case the first sentence be affirmed and if either Party ithnll not rest satisfied with the judgment of You and such Executive Conncil as aforesaid, Our Will and pleasure is, that they may then 'ppeal unto us in Our Privy Council, provided the sum or valuo so appealed for unto Us do exceed five hundred pounds Sterling, and ilml such Appeal be made within fourteen days after sentence, and Cood security be given by the Appellant that he will cflfcctually pro- secute the same and answer the condemnation, as also pay such costs ^nH damages as shall be awarded by Us, in case the sentence of You snil the Executive Council be affirmed. Provided nevertheless where ihc matter in question relates to the taking or demanding any duty pnyable to Us, or to any Fee of Office or Annual Rents or other sucli like matters or things where the rights in future may be bound. In all such cases You and the said Executive Council are to admit nn Appeal to Us in our Privy Council though the immediate sum or value Appealed for be of a less value. And it is our furthef Will and Pleasure, that in all cases wliereby Your Instructions You »re to admit Appeals unto Us in Our Privy Council execution shall be suspended until the final determination of such Appeal, unlesR £nod and sufficient security be given by the Appellee to make ampl« p'siiiution of all that the Appellant shall have, lost by means of puch [(•"oree or judgment, in case upon the determ nation of such Appp«I, u '^.n i 28 Appendix. r J . i> •Bch decree or Judgment should be reversed ani restitution etwardml to the Appellant. You • nd Our Executive Council are nlso to aJ. in«t Appeals unto Us in ur Privy Council in all cases of Fines im- posed for misiiemeanourfi, prjvided that the Fine so imposed amniint to, or exceed the sum of one hundred pounds Sterling, the Ap|)el- lant first giving good security that he will effectually prosecute tli« name and answer the condemnatiou if the sentence by which the fine was imposed in Your Government shall be confirmed. 5th. And that we may be always informed of the nanrr's am) characters of persons fit to supply the vacancies which may happen ii. our said Executive Ccjncil, You are in case of any vacancy in Our said Council to transnnt to Us through one of Our Principal Secretaries of State the ^^mes and characters of such three Personi inhabitants of Our said Province of Upper Canada, whom You may esteem bestqualifir Iforfulfilling the Trust of such Executive Couu- •illor. 6th. And \u the choice and selection of such Persons proposed lo fill such vacancy in Our said Executive Council, as also the Chief Ofiicers o, justice. You are always to take care that they be men of good life, well affected ^o Our Government and of ability suitable lo their employment. 7th. And whereas we are sensible that effectual care ought to be taken to oblige the Members of Our Executive Council to a due attendance, it is Our Will and Pleasure in order to prevent the many inconveniences ithat may happen for want of a quorMm of ihe Coun- c>l to transact business as occasion may require, that if any of the Members ot Our said Executive Council residing in Our said Pro- vince shall hereaOsr wilfully absent themselves from the Province and continue absent al>ove the space of six months together, without leave from You first obtained under Your Hand and Seal, or shall remain absent for the space of one year without Our leave given them under Our Rcynl Signature their places in the said Executive Council shall immediately thereupon become void. And We do beieby will and require You that Our Royal Pleasure be signified to the several Members of Our said Executive Council, and that i: b« entered in the Council Books as a standing Rule. 8th. And to the end that Our said Executive Council may be assisting to You io all afl^airs relating to Our Service You are to •ommunicate to them such and so mmy of these Our Instructions wherein their advice is mentioned io le requisite, and likewise nil such others from time to time as you shall fir*^ convenient for Our Service to be imparted to them. 9th. You are to permit the Members of Our said Execntivt Council to have ««nd enjoy freedom of dbate and vote in all aflTairso public concern which may be debated in the said Executive Council. 10th. And whereas by the aforesaiu recited Act passed in the thirty-first year of Our Reign It is provided that the Seats of tin Members of Our Legislative Council shall become vacant in certain cases mentioned in the said Act. It is our will and pleasure that i any Member of Our said Legislative Council shall at any time lea-^d Our said Province and reside out of the same, you shall report tb« same to us by the first opportunity, through one of Our Principal Secretaries of State, and you ate also in like manner to report whe- ther such Member of the S'-id Council n absent by your permissioe •r \^ the periniseion ef aw Li«QtenaiK Governor or Cotmmadarii ArPEffDiX. 29 tiition awartkxl are nlso to ad- ;9 of Fines im- uposed amount ng, ihe Appel- y prosecute lire which the fine the nair'9 ami ch may happen any vacancy in f Our Principal :h three Personi whom You may Executive Couu- 'ersons proposed HS also th* Chief t they be men of ibility suitable to al care ought to Council to a due ;)revent the many nm of ii:6 Coun- that if any of the I in Our said Pro- om the Province together, without nd Seal, or shall Our leave given le said Executive .d. And We do lire be signified to I il, and that it b«l Council may be [vice You are to I Our iDstructionsj and likewise m luvenient for Our| ir said Executive l)te in all affairs o tec jtive Council. let passed in th« |he Seats of tin I vacant in certainj pleasure that i [at any time lea-^n shall report th« 9f Our Principal] |er to report w your permission! Oomni«id«i« Chief of thes,dd Province fur the time being, atd yju art also in like manner to report, if it shall come to yo«r linowledge that anv such Member shall at any time take or have takei: the Oiiih of Alle- giance or Obedience to any I oreign Prince or Power, or shall with- hold our assent therefrom, or that you be attainted for Treason in any Court of Law within any of Our do .unions, that We may take sucit measures thereupor ns? We shall t^.mk fit, and you are to take special care that the several Provisions of the said Act respecting the seve- ral cases in which persons may or may not be entitled to receive writs of summons to the said Legislative Council and to bold their places therein shall be duly executed. 11th. And for the execution of so much of the powers vested in you by Our said Commission and by virtue of the said Act as relates to the declaring that you assent in Our name to Bills passed by the Legislative Council and Yfouse of Assembly, or that you with- hold our assent therefrom, or that you reperve such Bills for the sig- nification of Our Royal Pleasure thereon, It is Our Will and Pleas- ure that you do carefully observe^the following Rules, Directions, and Instructions, viz : That the style of enacting all the said Laws, Statutes, and Or- dinances be ty Us, Our Heirs and Successors, by and with the advice sad consent of the Legislative Council and Assembly of Our Province of Upper Canada, constituted and assembled by virtue and under the Ruthority of an Act passed in the Parliament of Great Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, 'An Act for making mrre erfectual Provision for the Geverment of the Province of Quebec, in North America,' tind to make further provision for the Government of tho said Province," and that no bill in any other form shall be assented to by you in Our name. That each different matter be provided for by a different ^aw, without -"eluding in one and the same Act such tilings as have no proper relation to each other. That no clause be inserted in any Act or Ordinance which shall be foreign to what the title of it imports and that no perpetual clause be part of any temporary Law. That no Law or Ordinance whatever be suspen'led, altered, con- tinued reviewed, or repealed in general words, but that the title and date of such Law or Ordinance shall be particularly mentioned in the enacting part, "'hat in case anv Law or Ordinance respecting private property shall be pa'-jcd without a iving of the right of Us, Our Heirs and S; ccessors, and of all Persons or Bodies politic or corporate except such as are mentioned in the said Law or Ordinance you shall declare that you withhold Our Assent from the Bame, and if any such Law or Ordinance shall be passed without such saving you shall in every such case declare that you reserve the sani« for the signification of Our Royal Pleasure thereon. That in a'l Laws or Ordinances for levying Money or iinposing Fines, Forf'jitures or Penalties express m^ption be made that the same is granted or reserved to Us, Our Heirs and Successors for the Public uses of the said Province and the support of the Government thereof as by the said Law shall be directed and that a Clause hb in- serted declaring that the due application of such Money pursuant to the directions of such Law shall be accounted lof unto Us through Our Commissioners of our Treasury for the time being in such m«n- Istr and form M we sholl direct. lii lli 111 1 ' f I m ' W ilii ^ i 'i ^ I i*' i ill mi i^ m Appenwx. iir ISith. And whereas we l«ive by onr s;ild ComiimsioD given yo« fiill Power nnd Authority s'lhject as therein j? specified and to thoiw Our Instructions in that behnll'to issue Writs of Summons and Eho- tion and to call together the Tiegisiative Council and Assembly of Our said Province of llpper Canada and (or the purpose of Electing ths Members of the Assembly of Our said Province of IJpier Canarhi, liave alsT given you full Power and Aulho/iiy to issue a Proclamation dividing Our said Province of Upper Canada into Districts, or Coun- ties, or Circles and Towns or Townships, nnd declaring and appoint ing the number of Representatives to be chosen by each of su(;li Districts or Counties or Circles and Towns nnd Townships. Now Our Will and Pleasure is that you ahall issue sucli Proclamation hs soon as may be allowing nevertheless a reasonable time between the issuing thereof and the time of issuing the Writs of Summons and Election above mentioned. IHtb. That all Laws assented to by you in Our name or reser\'C(l for the signification of Our Royal Pleasure thereon shall when trans- mitted by you be fairly abstncted in the Margins, and accompanied with very fu I and particular observations upon eai;h of them that is to say whether the same is introductory to a new Jiaw declaratory of !\ (ormer l^aw, or does repeal a Law then before in being. And yo- arc also to transmit in the fullest manner the reasons and occasion f r l)roposing such Laws together with fair Copies of the Journnis and Minutes of the Proceedings of the said Jjcgislattvo Council nnd Assembly, which you are to require from the Clerks or other pro- per Officers in that behalf, of the said Legislative Council and As- sembly. 14th. And whereas, in the said Act it is provided, that in cer- tain cases, Acts passed by the Legislative Council and Assembly of the Provin' e, shall, previous to any signification of Our Assent thereto, ho laid before both Houses of Our Parliament of this Kingdom ; and Whereas, it is also provided in the said Act, that in certain Cases, Provision may be made by the Acts of the Legislative Council and Assembly of the Province, assented to by Us, Our Heirs and Succes- sors, (thereby reserving the Power of giving such assent to Us, Onr Heirs and Successors only) you are to take espeojal care that in ever; such Case you are to declare that you reserve such Hills for the sig- nification of Our Pleasure thereon, and you will likewise reserve for such signification every other li'iW whicVi you shall consider to be of an extraordinary or unusual nature, "or requiring Onr es|)ecial consi- deration and Decision thereupon particularly such ns may aflect tlie Property, Credit or Dealings of such of Our Subjects as arc no! usually resident within Our said Province, or whereby Duties shall be laid upon British or Irish Shipping, or upon the Produce or Manul'nc- [ tures of Great Britain or Ireland. 1.5th. And whereas Laws have been formerly enacted in several I of Our Plantations in Aitierica for so short a Time that Our Roynl Assent or Refusal thereof could not be had before the Time for whicii such Laws were enacted did expire. You shall not assent in Onr name to any Law that shall be enacted for a less time than two yenrs, except in cases of imminent necessity or imincdiale temporary exp«- diency. And you shall not declare Our Assent to any Law contain- ing Provisions which shall have been disallowed by Us without cv- press leave for that purpope first obtained from Us, upon « full refnc Bion given yi»« ;d and to thcw tnons and EIm;- sseml)lyofOur ;)f Elpcling llifi IJprer Canivlsi, a proclamation ivicts, or Coun- ng and appoint y each of sncli wnsliips. Now Proclamalion hs lie between tlie ' Summons nnd lame or reservptl hall when trans- id accompanied of them that is V declaratory of icinp. And yo- and occasion f r of the Journals tvc Council ami rks or other pm- Douncil and A.^ i3ed, that in cer- ind Assembly of r Assent thereto. s Kingdom ; and n certain Cases, live Council and oira and Succcs- [ssent to Us, Onr Icnrcthat in every Uills for the sig- ise reserve for onsider to be of r especial consi- may afl'cct the ects as arc no! y Duties shall be uce or Monulac- MCted in several that Our Koynl Time for which jt assent in Our than two years, Itemporary exp«- Iny liBW contain- Us without ex- Ipon B full re^ne APFKPIDIX. 3-1 Kiaiifbu by you to be in.nit tu Us, through unc of Our Priucipul iya- vruturkeei ul istate of the re^isutis and neces;iity of piwsiug such Law. IGth. VVhereaa we have thought /it by Our Orders tu Our Privy (JuUficii to disallow certain Laws pussed in some of Our Colonies iirid Plantations in America for conferring the privileges of iiaturalizii>- fion on Persons being Aliens, and for divorcing persons who have Ijeen legally joined together in Holy Marriage; and Whereas Acts liave been passed in others of Our said Colonies to enable Persons who t re Our liege Subjects by Uirth or naturalization to hold and iidierit Lands,. Tenea>eut9 and Real Estates, although such Lands, Tenements and Real Estates had been origuially granted to or pur- uhused by Aliens antecedent to uaturali/.atioj. It is Our Will and Pleasure that you do not upon any pretence whatsoever give your As- sent to any Uill or JSills that may hereafter be patsed by the Legisla- tive Council and Assembly of the said Province under Your CJovern- inent for the naturalization of Aliens nor for the divorce of Persons joined in Holy marriage, nor C ' establishing a title in any Person to Lands, Tenements, or real Estates, in Our said Province, originally granted to or purchased by Aliens antecedent to Naturalization. 17tb. You are to give W.irranls under your hand for the issuing I 1'ublio Monies for all public services, and we do particularly ro- 1 t>u to take care that regular accounts of all receipts and pay- Dc.its of Public Monies be duly kept, that the same from time to linie be duly audited by Our Executive Council, and that Copies lliereof, attested by you be transmitted every half year, or oftcucr if ihoro should be occasion, to Our Commissioners of Our Treasury, or to Our High Treasurer for the time being, and Duplicates thereof by the next conveyance, in which accounts shall be speci^ed every [Kirlicular sum raised or disposed of to the end that we may take such measures as we may deem necessary for the examination of tho said Accounts, and that wo may be satisfied of the right and due ap- plication of the Revenues of Our said Province of Upper Canada, and with the probability of the iucreaso or dimiuution of it under (jvery head and article thei<3of. 18th. Whereas, by an Act of tho Parliament of Great Britaiu, passed in the Fourth year of Our Reigu^ intituled, "An Act to pre- vent paper Buls of Credit hereafter to be issued in any of His Ma- " jesly's Col " be a legal " tender Ok " longed ' e " same," it is and Plantations in America from being declared to i 'n n-^ment of money and to prevent tho legal I iji as are now subsisting from being pro- ti periods limited fcr calling in and sinking the hat no Paper Bill or Bills of Credit should be treated or issued uy i''; Act, Order, Resolution or Vote of Assembly ill any of Our Colonies or Plantations in America to be a legal tender in payment, and that any such Act, Order, Resolution or Vote for creating or issuing such Paper Bills or Hills o' Credit, or for prolonging ilie legal tender of any such then subsisting and current in any of the Siiid Colonies and Plantations should be null and void. And whereas, by another Act of Our said Parliament, passed in the Thir- teenth year of Our Reign, intituled, " An Act to explain and ameud the above recited Act passed ir the Fourth Year of Our Reign as aforesaid, is enacted that any Coriificaies, Notes, Bills, or Debeu- luves wt' Is shall or may bo volantarily accepted by tho Creditors of ihc Pubiir \ h'w ai-y of tho Colonics of America, as security for tho li^neut of what is due and owing to the said Public Creditors^ uuy ■m m I:;; , lllili ?y '' ' (!,;:.:i ll U':d J 32 Applkdix. ikT-n be iikulo and cnuui iicinblic3 of the siitd Cubiiiics res[)ectively lo be a Tender Ut the Public Treasurers in the pjid Co- iouies for lh« discharge of any Duties, charges or Debts whatsoever due to and payable at or in the said i'ubliu Treasuries of the SHid Colonies in virtue of Laws passed within the sattie, and in no other case whatsoever. It is Our Will an! Pleasure that you do in u|| things conf(»rm yourself to the Provisions of the said recited Acts, both with rcsppct to the not assenting to any Bills which may be pre- sented to you for the purpose of issuing or creating Paper Bills, or Bills of Credit to be a legal tender in payment, and the assenting to any Bills, by which such Certificates, Notes, or Debeutures which may be voluntarily accepted in payment by the public Creditors shaii be made a legal tender to the Treasury for Taxes, Duties, and other payments to the Public Treasury. 19ih. You shall not remit any Fines or Forfeitures whatsoever above the sum of Ten Pounds, nor dispose of any Forfeitures what- soever I *i' upon signifying unto the Comn/issionersof OurTreasury or Our i ( ' ''■ 'asurer for the lime being, the ntture of the utfencii and the oc. of such Pines and Forfeitures, with the particular sums or value ■ reof which you are to do with all speed, you shall have received Uur Directiuas thereon, but you may in the mean time suspend the payment of the said Fines and Forfeitures. 20ch. And you are on every occasion to transmit to Us, through One of Our Prijicipal Secretaries of State (with all convenient speed) a particular account of all new Establishments of Jurisdiction Courts, (Jilices and Officers, Powers, Authorities, Fees, and Privileges grant- ed and settled within Our said Province of Upper Canada, as like- wise aa account of all expenses (:f any) attending the Eatabhsbmenl of the said Courts and Offices. 'ilst. It is Our further Will and Pleasure that nil Commiasionj j to be granted by you to any Person or Persons lo be Judge, Justice uf the Peace, or other necessary Officer, be granted during pleasure only. 22nd. You are not to suspend any of the m'.'mbers of the said Executive Council, or to suspend or displace any of the Judaea, Justi-j ces. Sheriffs, or other Officers or Ministers within Our said Province of Upper Canada, without good and sufficient cause; and incaseofl such suspension or removal you are forthwith to transmit your rca-j sons for the same to one o! Our Principal Secretaries of Slate. 23rd. And whereas frequent complaints have been tnadu of great | dt'lays and undue proceedings in the Courts of Justice in several ut Our Plantations whereby many of Our Good Subjects have very much suffered, and it being of the greatest importance to Our Ser- vice and to the welfare of Our Plantations bo every where speedily and'l duly administered, and that all disorders, delays, and other undue f practices in the administration thereof be effectually prevented. VVu do particularly require you to take especial care that in all Courts where you are authorised to preside, Justice be impartia ly adminis- tered, and that in all other Courts established within Oar said Pro- vince all Judges and other Persons therein conceraed d j likcwisi: j perform the several duties without delay or partiality. 24ti. You are to tako care that no Court of Judicature be ad- journed but upon good grounds, and also that no Orders of nnyl Court of Judicature be entered or allowed which shall not be firjt wad and approved of by the Justices in open Court, which Rule yon Appendix. 33 ii aktkl CuWmies I Oie f.k\A Co- lts whatsoever es of the hhiiI »d ill no other you ilo i'l all 1 recited Acts, i;h may be pro- Papot Bills, or le assenting to beuiures which Creditors shaii uties, and other ires whatsoever orfeitiires what- )f Our Treasury e of the offenci! Lh the particular speed, you shall a the meau time es. t to Us, through onvenient speed) risdiction Courts, Privileges grant- Canada, as like- he Eatabhshment 1 Commissions udge, Justice of ing pleasure only. Lbers of the said he Judges, Justi- ur said Province and in case of | ansmit your roa- es of Slate, seamiido of groat] jtice in several ot bjpcts have very ace to Our Ser- here speedily and' nd other umliie 1 prevented. VVc at in all Courts _iartia ly admiuis- iii Oar said Pro- •uod dj likewise y. I ludicature be ad Orders of hdj thall not be fim ] which Rule yon are in like manner to see fibserved with relation to nil proceedings of Our Executive Council of Upper Cannda, and that all ordt."$ there made be first read and approved in such Council before they are entered upon the Council i»ooks. 2."ith. You are to take care that all Writs within tlie said Pro- vince of Upper Canada be issued in Our Name. 26th. You shall take care with and by the advice and assistance of Our Executive Council that such Prisons as may at any time be necessary be erected, and that the same or any other already erected be kept in such a condition as may effertn;illy secure the Prisoners which now are or tnay hereafter be confined in them. 27th. You shall not Buffer any Person to execute more Offi- ces than one by Deputy. 28th. You shall not by colour of any Power or Authority here- by or otherwise granted or mentioned to be granted unto you. Rive, grant, or dispose of any Place or Office within Our said Province, which now is or shall be granted under the Great Seal of this King- dom, or to which any person is or sha'l be appointed by Warrant un- der Our Signet and Sign Mannal, any further than that you may upon the vacancy of any such office or place, or upon the suspension ofany such Officer by you as aforesaid put in any fit Person to officiate in the interval till you shall have represented the matter unto us thro' One of Our Principal Secretaries of State, which you are to do by the first opportunity, and till the said office or place is disposed of by Us, Our Heirs or Successors under the Great Seal of this King- dom, or until some person shall be appointed thereunto under Our Signet and Sign Manuel, or until Our further directions be given therein. And it is Our express Will and Pleasure that you do give reasonable support to the Patent Officers in the enjoyment of their legal and established Fees, Rights, Privileges and Emoluments, ac- cording to the Irne intent and meaning of their respective Patents. 29fh. And whereas several complaints have been made by the Officers of Our Customs in Our Plantations in America that ihey have f<"equently been obliged to serve on Juries and personally to appear in Arms whenever the Militia is drawn out, and thereby arn much hindered in the Execution of their employments, Our Will and Pleasure is that you take especial care and give the necessary directions that the several Officers of Our Custams be excused and exempted from serving in any Juries, or personally appearing in Arms in the Militia, uuless in cases of absolute necessity, or serving any particular Offices which may hinder them in the Execution of their Duties. 3l)th. And whereas nothing can more efTcctually tend to the speedy settling of Our said Province of Upper Canada the secu- rity of the Property of Our Subjects and the advancement of Our Revenue than the disposal of such Lands as are Our Property upon good and reasonable terms, and the establishing of a regular and proper method of proceeding with respect to the passing of Grants of such Lands It is Our Will and Pleasure that all and every per- son or Persons who shall apply for any Grant or Grants of Land shaP, previous to their obtaining the same, make it appear that they are in a condition to cultivate and improve the same, and in case you shall, ujK>n a consideration of the circumstances of the person or persons m ■HIS ■'!!!!■ IP Mm \V<.i 'A m 3 :\\\ I P 'il 54 Ai'i'KNiJix:. i;;'^ 'i^ apjtiying for auch Grants, think it niMnuMo to pnNH the tame, fou uiu in sucli CU80 to CUU80 a Wuri'iuit to be (iriiwn ii|) ilii'octcr thu (irant Khali bo made out in iluo form, and thu terms and condition!) re(|uirod by ihesnOur Ins- trnetionn be particularly and expre.>4.sly mentioned therein, an'e, not exceeding One Thousand Acres, over and above what may heretofore have been granted to them, and in all grants of Land to be made by you as aforesaid you are to take care that due regard be had to the quality and comparative value of the diflcreut parts of Land comprised within any township, so that each Grantee may have as nearly as may be a proportionate Quantity of Lands of such different quality and comparative value as hkewise that the breadth of siKh Tract of Laud to be hereafter I granted be eue third of the leiigth of such Tract, aodthnt the length I il« Al'PKNDlX. 35 ;tCur Ins- ami it i» Our I with'ui Six iiul « Dockwt of «n which loOurCoui- Jubjects, It is you as nlon!- iiifJ Township of 'I'on Miles ttivcr or \Va- lilcs inileplh, 8t iulvisable lor iijT the several ho Support of Act, passed in jrctoforc arisen miug excessive lover cuUivaied ■rs more iudus- lo pvevent tho asure that you ill Crams to be raon being Mas- laid out, which It shall be j^rant- Family in any e than Tweniy- any one person lip so to be laid eby allowed ami ,ns8uch further One Thousaml been granted to as aforesaid you and comparaiive any township, so a proportionate parative value as ' to b© hereafter id that lh« long* nt BHf.h Tract Ao not extend idonp thn nat^ks of any IWvor, bnt Info tho Main Liind, ihitt tliereby tlio faid (Iranlnns niny nave each n cum- veniciil share of wh:it nccon^modalion ihe Jlivnr ruay afford for Navi- gation or otherwise. M-'lrd. And as a further nrcomtnodafinn tn Onr nubjectn who shnll become Scltlcrs as aforesaid, It is Our Will ntid I'leanHre that jUie snid Townsliips ann seen and laid nut by Our Surveyor (iJenerid of Lands for the said Pro- video, or some skilful person authorised by hitn for that purposo, which Surveys, together with the Warrants ami (Uranfs, and the re- uppctive allottnniilH shall bo made out for and delivered to the seve- ral Oraniees free of any expense or fee whatever, other than such ni nr.\y be payable to the diifcMeiit Officers according tc the Table of Fees estalilislied upon OraiUs of Land made it) the said IVnvincn. .'Mill. And in order to pn-vent any persons diiairected to lis and Our (jJoveriiment froiri becoiniiiq; Settlers in Our said J'rovince of Upper Ccnada, [t is Our Will and IMoanurn that no Warrant f<»r Surveyina; liands lio f;rnnled by ynu or the liieiiti-nant Oovetnnr, or person administering the (Joveninient for the lime heiojr, unless ilin Purs(ni or Persons mo applying for the same do »t the tioiefif nialdnj; such application, besidf's lakiiijT the UMtial Oii'lm din-eti'd by l/iw, also make and subscribe the follow iny; dccbiratifn in Your or Mis presence, or in the presence of such per«'in or [»crs()ns as shall by you or him be ap|)ointed for that j)nr[)()S", that is to say : — 1, A. li. do primiise and declare tliat I will m:)in»ain and defend fo the utmost of my power the authority of the King and his I'arlia- nicnt, as the supreme Legislature of this Province, ;i5ih. Wherens the reserving siuh Undies of I,and vithin Onr Province of Upper (Mmada, where (here are eonsiderable f.'rowlhsof 'I'imber C\l for the use of Our Royal Nnvy is a matter of (he utmost importance to Onr Service, it is Our VVill and Pleasure that no (jSrants whatever bo made of Lamls in any l>i«lriet or trar-t of Our said Province of Upper ('anada tinfil Our Surveyor (General or his Deputy lawfully appointed, shatl have surveyed the same, and marked out as |{('servaMons to Ks, Our Heirs and Succes>rior [ibitanta of uny rectcd by Our from the Cov- bservc bucIi re- tir Province of lliprefore when American I'os- ,rr fvery jiossi- linit, and wliicii Is the Native In. limes and places settling Tarifls, restraining the c most profitable that we should le and Fisheries, Upper Canada, to Us ihroiigli Our Committee tations fos their ,u account of the jxtent of thesev- ;her on the Lake? ration, parti.^ul.r lax produced, a (r in Your opiniu.. Jur Subjects— llie e different heads count the nnniber ordinary influx or le same time tbe pableof bearing hipping and Craft| us to the Trovince these or any othei mmunicatedtoiis. .Jommissioners fo: Kingdom of Orca esion conBtitutiiij anaila, you arc re he several powcn be exactly inform America as wcl lantation as to th( be necessary ti ju are from timet* 3ur said Provinc id you are thcreii id other stores o [public Magaziuet or in the hards of prirate personi togctlier with a state of all places cither already fortified or that yon may jtid^'o necessary to bo fortified for the security of our said rrovincr?, and you arc to transmit the said accounts to us, by one of our principal Secretaries of Stale and also Duplicates to n"r Master General or prmcipnl Oflicnrs of our Ord- nance, which iicconnt3 arc to exprcM t!ic particulars of Onlnniico, Carriages, balls aiul powder and all other Borts of armn niul Amimition row m our public StorcF, ond so, from time to time, of wliat shal, bo sent to you or bon^'lit with the public menny and to epncily the time of the disposal and the occasion thereof and other like accounts, half yearly in the snmn manner. 58lh. And incase of distress in any other of our FlantaMons you shall upon application of the rcnpoctive Governors to you a^^siettlicm with wliat aid the condition and safety of our said Province under your Government can spar^. 59ih. If any thincr shall happen which may ho of ndvantafjo or se- curity to our Province under yv,'r Majoty's mostdutifuland loyal sub- jects, the Commons House of Assembly of Upper Canada, in Provincial Parliament assembled, in full ass. ance of Your Ma« I'll III (I I Appendix. 47 thnr conj'.i- and proved Majesty for I our behalf; I the existing islress whicii ,the necessa- the ronfidcnl for the re mo- good govern- ho Ministers, I Department , and too dis- contradictory f the wants, people, the ore apparent WELL, Speaker. nays vere as irn, -26. son. tencral, J*' Inson — 15. md loyal sub- ir Canada, in of Your Ma- jesty'* earnest desire to pronicto the welfare of your people, beg leave, Itiimbly to address ourselves to Your Majesty, upon u matter of the deepest interest to your faithful subjects in this Pro- vince. We leain with extreme apprehension and regret, that at the instance of the Lords Conuiiissioncrs of Your Majesty's treasury Your Majesty has been advised to entertain tho intention of dis- allowing two acta of the Legislature ©f this Colony, whicli wero passed more than two years ago, the one for increasing'die capital Stock, of the Bank of Upper Canada, and the other for incorpo- rating a second Banking Association in this Province, undt;r (ho name of T/ie Commercial Bunk of the Slidland District, Wo humbly represent, that although the disallowance of these acts may appear to bo authorized by tho letter of the Statute of the British Parliament, passed in tho 3lst year of tho reign of Your iMajesty's Royal Father, entitled " An Act to repeal certain parts of an ^ct passed in the fourteenth year of His Majesty's reign entitled " An Act for making more eflbctual provision for the government of the Province of Quebec, in North America, and to make further provision for the government of tho said province" yet, it is contrary to its spirit and meaning, and of the principles of a free government. Wo believe that this prov'-^iou was in- tended to remedy any evil whir.h might be occasi' nod by the Royal Assent being given in the Colony, to a Provincial Act >hat should be found incompatible with the rights and interests of other portions of tha Empire, bjt we cannot think it was intended to give the power of interference with our internal affairs ; against iuch an interference we respectfully, but plainly and solemnly protest, as inconsistent with those sacred constitutional principles which arc essential to a free government ; since it is manifest, that if Your Majesty's Ministers, at a distance ol moro than four thousand miles, and not at all controllable by or accountablo to Your Majesty's subjects here, and possessing necessarily a slight and imperfect knowledge of the circumstances of this country, tho wants, and habits and feelings of the inhabitants, and the mode of transacting business among us can dictate a dilTerent course in relation to measures affecting ourselves only, from that which tho people, by their representatives, and with ilie concurrence of the other branches of the Provincial Legis- lature have chosen, we are reduced to a state of mere dependence upon tho will and ])lcasure of a Ministry that are irresponsible to us, and beyond the reach and operation of the public opinion of the Province, and no one can rely upon our Provincial laws, although they may bo constitutionally and deliberately formed but the most unhippy uncertainty and want of confidence will prevail and extend their disastrous influence over all our business transactions. m ;»» m w m '4 1 ■' m, Ii ri: St u Appendix. If -m '} w We respectfully clahn the same right in behalf of Your Majesty's subjects in this Province to be consulted in the making of laws for their peace, welfare, and good government, which our fellow subjects in Great Britain enjoy, in respect to the laws to which their obedience is required ; and although from the neces- sity of the case, power must be granted to the head of the Empire of preventing Colonial laws being adopted and enforced, which are incompatible with treaties between Your Majesty's govern- ment and foreign states, or with the just rights of any other of Your Majesty's Colonies, yet, with these exceptions, we humbly submit, that no laws ought to be, or rightfully can be dictated to or imposed upon the people of this Province, to which they do not freely give their consent, through the constitutional medium of ri'presentatives chosen by, and accountable to themselves. The fore of our humble and dutiful remonstrance against the prin pie of an interference of Your Majesty's Ministers with our inten.al affairs, we are not wilhng to diminish, by insisting upon the inconvcniencics and evils likely to follow from the exer- cise of ih« power, which tho letter of the British Stiitute before quoted, gives to Your Majesty to disallow the Provincial Acts ^vhich we have mentioned, but we cannot refrain from declaring our painful and settled conviction, that tho disallowance of these acts after they have been for a long time in operation, so that tlie most frequent and ordinary, as well as the most extensive and important transactions of business in the Province depend upon their continued existrnco, would be attended with confusion and distress beyond description, without any benefit to the Province and without any advantage whatever to any portion of Your Ma- jesty's dominions. We therefore respectfully and humbly pray j that Your Majesty, taking these matters into your favorable con- sideration will be graciously pleased not to disallow these provincial! acts, and not to permit Your Majesty's Ministers to interfere with [ our internal affairs, but to leave the same entirely to the discre- tion and control of the Legislature of this Province. We beg to renew our assurances of entire devotion to Your | Majesty's person and government. ARCHIDALD McLEAN, Commons House of Assembly \ Sd. March 1834. ) YEAS — Mbssikurs. Speaker. Berczy, Cook, .larvis, Randall, Bidwell, Crooks, Lewis, Robinson, Boulton, Duncombe, McDonald, A. Samson, Buell, Elliott, Macdonald, D Shaver, Burwell, Fraser, A. Macnab, Vankoughnctt, Campbell, Fraaer, D. Merritt, Willeon, J. Chisholm, Horner, Morris, Wilson, W.— 31. Clark, Howard, Ferry, NAY — Ketchum. Mi'' WjI'l 1^ ehalf of Your in the making snt, which our ro the laws to cm tlie neces- of the Ccupire iforccd, which jesty's govern- jf any other of ns, we humbly be dictated to which they do tional medium ihcnjselves. strance against Ministers with di, by insisting from the exer- Statute before rovincial Acts from declaring awance of these tion, so that the t extensive and e depend upon 1 confusion and the Province )n of Your Ma- fid humbly pray favorable con- these provincial interfere with y to the discre- ice. votion to Your AN, Speaker. landallf lobinson, amson, haver, /■ankoughnctt, iVilleon, J. /Vilson, W.-31. Appendix. K 49 Tg His Excellency Sir Francis Bond Head, Knight Comman' derofthe Royal HanoverianGuelphic Orier, Knight of the Prussian Military Order of Merit, Lievtenant Governor of the Province of Upper Canada, ^c. Sfc. 4'c. Mat it plcase toub Excellency. We, his Majesty's dutiful and loyal subjects, the Commons of Upper Canada in Provincial Parliament assembled, beg leave to re- quest, that your Excellency will cause to be laid before this House, with as little delay as possible, an entirs copy uf what is generally termed " the King's Instruciions" to the Governors of Upper and Lower Canada; and also copies of any other instructions not hereto- fore laid before this House, touching the duties or responsibilities of the Executive Council of this Province ; as also any instructions from His Majesty's Government touching the administering the Govern- ment of this Province by any Executive Councillor, in the event of the death or removal from the Province of the Governor, Lieutenant Governor or person administering the Government, and also r:opies of any bond or agreement between your Excellency and any of your pre- sent Executive Council, or between any two or more of tlie said Council, by which it is stipulated in what manner the Government shall be administered, or who shall administer the Goverment of thisr Province in case of the above named occurrence. Comtnoni Ilouoe of Aaaembly, ) 23rd March, 1836. ( MARSHALL B. BIOWELL, Sptaker. HIS EXCELLENCY'S REPLY. Gentlkmer : — I herewith transmit aa much of the inform ntionf desired by the House as I possess. I have entered into no bond or agreement of any sort with my present Executive Council and I do not possess, nor does there exist in CoiAicil any document ot such a nature between twoormersof the said Councd. Committee Room, House of Assembly, > Monday, 2Qth March 1836. J ROB'T. BALDWIN SULLIVAN, Esq. called in and intcrrogat. , PRESENT ! Messrs. PERRY, Chairman, DUNCOMBE, I ROBLIN, MORRISON. I NORTON. Q. 1. — Are you senior member and presiding councillor of Executive Council? A. 1.— Yes. Q. 3. — Is there any written agreement existing between yoursel. and any of the other members of the Executive Council, by which it is stipulated on your part in what way the Government should be administered in the event of the death or removal from the Province of the Lieutenant Governor ? ,i!i!'!il Ml ;;, ill liiil ii lilllr'i ■it' .li'li III m m lit it '-■ii! 4m ;>:ii!i lit; im 69 Applitdix. f A S,''i A. 2. — There is no agreement in existence by which it is stipu. li\ted bow the Government of the Province shall be administered in the events mentioned in the question. At the time the Council were about to bo sworn in, I expressed a wish that it might be under- stood that, in either of the events mentioned, it was my intention to resign my place as Executive Councillor ; as it was not my desire, in any evnt, to fill the situation of administrator of the Government.— At my equest this intention was expressed in writing and 1 signed it. 3. — Is the instrument you mention, under seal, or witnessed ? 3. — It is neither under seal or witnessed. 4. — Into whose hands did you deliver the document ? 4. — Into the hands of the Hon. W. Allan. .5. — Did any other person know of the •xisteuee of the do- Q. A. Q. A. Q. cumeut ? A. 5. — Yes. It was not intended that my intention should be secret ; His Excellency the Lieut. Governor was present when it was read and delivered to Mr. Allan. Q. 6. — Did His Excellency the Lieut. Governor write the docu- ment, or was it written by His Excellency's order? A. G. — I proposed that my intention should be expressed in wri- ting, and I wished that the writing should be drawn up by some person other than myself; upon which His Excellency being present, was kind enough to draw it up. Q. 7. — Was the writing intended to be legally binding upon you? ' A. 7. — Certainly not. Q. 8. — What was the object or intention of the paper in ques- tion, if it was not intended to be legally binding? A. 8. — It was intended for my own satisfaction, that it might not be said that I had it in view to fill the situation of administrator of the Government. Q. 9. — Do you think you could constitutionally resign, in case of either of the above events, and give place to another who could ad- minister the Government? A. 9. — I could transmit my resignation to His Majesty's Gov- ernment, and decline taking upon myself the office of adminis- trator of the Government. I think it is the constitutional right of any individual to decline taking office upon himself, and as to giving place t« another, that is not the act of the person declining office, but of the law. Q. 10. — Do you not tliink, that in either of the above events taking place, you would be the administrator of the Government, without being appointed in any way? A. 10. — The senior Executive Councillor would, upon taking the oaths of office, be invested with the administration of the Gov- ernment, without any further appointment. Q. 11. — Do you think, that upon your resignation, as above stated, the administration ot the Government could be assumed by any other member of the Council? A. 11. — I think it could; either upon my resignation, or upon my refusal to take the oath of office. HO Yes "M\- or witnesB«d ? ce of the do- rite the docu- Appendix. ^] Committee Room, lUhAprU, 1836. HON. AUGUSTUS BALDWIN, ealUd in and examined. Q. 1 — Are vou one of the present Executive Council f A. 1.— Yei. Q. 2. — Have you any knowledge of a paper signed by Mr. Sulli- van, in relation to the administration of tlie government in the event of the death, or absence from the Province, of the Lieut. Gov- ernor ? and were you present when such paper was executed ? A. 2. — I was present when a paper was signed by Mr. Sul- livan, for the purpose of Mr. Allan's becoming senior Councillor in the event alluded to. Q,. 3. — At whose suggestion was the paper drawn up and signed ? 3 — At Mr. Elmsley's. 4. — Into whose hands was the paper after execution deli- Q. A. Q. A. A. Q. vered ? A. 4. — I think it was into Mr. Allan's hands. 5.— Who drew it up? 5.— Sir Francis Head drew it up. G.— What was the understood purpose of the paper 1 6. — That tho administration might not devolve upon Sullivan, in case of either of the above events. Q. 7. — What objection was there to Mr. Sullivan's adminis- tering tho government thus referred to ? A. 7. — I know of none other than that Mr. Allan had preferable claims from his age and long standing in society. Mr. Sullivan made oo objections when the thing was suggested, but immediately said he would acquiesce. Q. 8. — Are the Committee to understand that the ag-reement or paper alluded to, was drawn up at the Government House 7 A. 8.— No. It was drawn up in the Executive Council Cham- ber— We went there to meet the Governor before sworn into office. Mr. on, or upon ^ 3' T0 His Excellency^ Sir Francis Bond Ihad, Knight, Commander of the Royal Hanoverian Guelphic Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province oj Upper Canada, S^c. Sfc. 4'c. May it rLEASE Your Excfillency : We, His Majesty's dutiful and loy.tl sub- jects, the Commons of Upper Canada, in Provincial Pciriiament nssembied, humbly beg loavo to inform your Excellency, that this House, considering the appointment of a responsible Executive Council to advise your Excellency on the affairs of the Province, to be one of the most happy and wise features in the constitution, and essential to the form of our Government, and one of \\ye 111: i ,i| ''ill :-iii ii '!i;ii ^i-:!] 52 Appenimx. strongest securities for ajustHiid equitable administration, and eminently calculated to ensure the full enjoyment of our civil and religious rights and privileges; has lately learned with no small degree of surpriso and anxiety, that the Executive Council, 80 recently formed for the purpose above stated (as we presume) consisting of six members, did, on Saturday the 12ih instant, unanimously tender to your Excellency their resignations; and that your Excellency was pleased to accept the same; and humbly to request your Excellency to inform this House without dela}' whether such are the facts, and also to communio cate to this House full information relative to the cause of disa< greement between your Excellency and your said late Executive Council, as far as lies in your Excellency's power to make known, as also to furnish this House with copies of all communications between your Excellency and your said late Council, or any of them, on the subject of such disagreement, and subsequent tender of rusignation. Commons House of Assembly ^ \ IMh March, 1836. ] MARSHALL S. BIDVTELL, Speaker. HIS EXCELLENCY'S REPLY. Gentlemen : — Nothing can appear more reasonable to my mind, than the surprise and anxiety which the House of Assembly ex- press to me, at the intelligence they have received of the sudden resignation of the six members of the Executive Council, for with both these feelings I was myself deeply impressed, when firmly relying on the advice, assistance, and cordial co-operation of my Council, I unexpectedly received from them the embar- rassing document which, with my reply thereto, I now, at the re- quest of the House of Assembly, willingly present to you. With every desire to consult my Council, I was preparing for their consideration, important remedial measures which I conceived it would be advisable to adopt, and had they but aflbrd- ©d me those iow moments for reflection, which from my sudden arrival among you, 1 fancied I might fairly have claimed as my due, 'the question which so unnecessarily they have agitated, would have proved practically to be useless. Hud they chosen to have verbally submitted to mo in Coun- cil, that the responsibility, and consequently the power and pa- troriiigo of the Lieutenant Governor, ought henceforward to be transferred from him to them ; had they even in the usual form of a written petition, recommended to my attention os a new theory, that the Council instead of the Governor, was to be re» sponsible to the people, I should have raised no objection whate- ver to the preceding, however in opinion J might have opposed 'Ill, '■ m Appendix. 53 listration, and f our civil and with no sniiill itive Council, nted (as we rday the 12lh r resignations; pt tlie s;in)u ; rm this House ) to conimunio cause of disa- latu Executive ) make known, tmmunications unci), or any id subsequent LL, Speaker, le to my mind, Assembly ex- of the sudden Council, for }ressed, when co-operation m the embar- ow, at the re- to you. 'as preparing ures which I ley but afford- m my sudden laimed as mj ave agitated, I mo in Coun- wer and pa- jrward to be usual form on as a new Evas to be re* iction whate- lave opposed it, but, when they simultaneously declared, not that such ought to be, but that such actually WAS the law of the land, and conclu- ded their statement, by praying that a Council sworn in gecrecy to assist me, might be permitted, in case I disapproTcd of their opinion, to coraraunicato with the public, I felt it my duty, calm- ly, and with due courtesy to inform them, that they could not retain such principles, together my confidence, and to this opi- nion I continue steadfastly to adhere. I feel confident thuithe House of Assembly will be sensible, that the power entrusted tv> me by our Grncious Sovereign, is a subject of painful anxiety, that from the patroncge of this Pro- vince I call derive no advantage, and that I can have no object in retaining undivided responsibility, except that which proceeds from a just desire to bo constitutionally answerable to His Majes- ty, in case I should neglect the interests of His subjects in liiis Province. With these sentiments I transmit to the House of Ass*>mbly the documents they have requested, feeling confide, tthat I can give, them no surer proof of my desire to preserve their privileges invi- olate, than by proving to them that I am equally determined to maintain the rights and prerogatives of the crown, one of the most prominent of which is, that which I have just assumed, of nam- ing those Councillors in whom I conscientiously believe I can con- fide. For their acts I deliberately declare myself to be responsible but they are not ret^ponsible for mine, and cannot be, because being sworn to silence, they are deprived by this fact, as well as by the constitution, of all power to defend themselves. rl"i o To His Excellency Sir Francis Bond Head, Knight Commander of the Royal Hanovarian Guelphit Order, Knight of the Prussian Military Order of Merit, Lieutenant Governor of the Province of Upper Canada, Sfo. S^c. Sfc. May it plasb yodb Excellency, We, His Majesty's dutiful and loyal subjects, the Commons of Upper Canada, in Provincial Parliament assem- bled, humbly beg leave to inform Your Excellency, that we have with deep regret learned that your Excellericy has been induced to cause the late Executive Council to tender their resignations to seats in the Council, under circumstances which still en> abled your Excellency to declare, that your estimation of their talents and integrity, as well as your personal regard for tbem, re^ I ■m m .':''il( i 91 III: I ''it i; 'ii i| :i.i:! I 54 Appendix. tntiinnd iincliungod ; ami that iinJer tlin present excited itato nf public fuuliii); In this culony, occiisiuncd by the recent proced- ings between >oiir Kxcollrncy nnd tlio Into Kxocutivo (/Oiincll, imd lliu nppoiiuinrnt uf a now Council (ha appours by the Gaznttu Extraordinary of Monday ihn I'ltli March inst.) coniposod of Ho- bort B. Sullivan, John Elmsloy, Au^'ustus Baldwin, and William Allan, Ksquiros. this IIouso foul it tu bu u duty they owe, alike to His Most (Jiacious Maj(»sfy, and to tln» poopio of this colony, whose roprcsontatives they are, tu avail ihomsrivos of the first opportunity to dochirn at onc.o to Yovir Kxcollency the ontirn want of confidonce of this IIou^o in tho last mentioned appoint- monts, and doop rnfrrf-t, that Your Excollonry consented to ac- cnpt tho tondnr of rosi<>nation of tho luto Council, nnd humbly K'lpiest your Kxcolloncy to take imniodialp stops to rumovo tho present Council from bucli thidr situation. MARSHALL S. IHDVVt.LL, Commons House of Assemhti/, > Speaker. 24lh aiarch, 1836. f of inf{t tu tl mini it, if tl mit that ;'-: ",1 niS EXCKLLKNCY'S HEI'LY. Gentlemkn: In reply to your address, I assure you I very sin- cerely rpprnt that tiio House of Assembly should entertain a want of ronful(Mict> in the Council I appointed on the 14ih in stant, as I faithfully docl.tre, that under tho circumstances in which 1 was plicod, I made every exertion to select gentlemen that I thought would bo most acceptable tu the House and lo the poopio. I can assure the House, that no one lamented more than I did, tho resignation of the lato Council, three of the mcmbeis of which, namely, Messrs. Dunn, Baldwin and Rolph, I had my- self especially selecled. VVith respect to the roi|uost " that I should take immodiato steps to remove tho present Council from such their situation,*'' I nii^ht say, that I had hoped the House would have refrained from any such docidod expression of its opinion, on tha subject, until it had received the report of tho committee to whom the subject was referred, and for whom the Government Office is now occupied in furnishing the documentary cvidonco they desire, but 1 am unwilling to discuss that question. With respect to tho " present excited state ^of public feeling in this colony occasioned by the recent proceedings" I feel guilt- less of being its cause, inasmuch as to the House of Assembly, as well as to people of all classes who have addressed me, on (be subject, I have done every thing in my power to assure thera livf Appendix. 55 iteil itato nf cent proced- ;ivo Council, t the Gazette posiid of ilo- and Williiini y owe, uliko r this colony, of tho first ;y (he ontiro tiicil appoint- ionind to nc- nnd hiiiiihly > remove tiio Speaker. II I very sin- nnturiain a thn 14ih in jnistnncua in ct gcntlempn and to the moro than I mcmbeis of , I had mv- immodiato situation,"' I ve refrained tha subject, whom the fit Office is they desire, iiblic feeling 1 feel guilt- Assembly, sed me, on assure them of my desire that tho question iihonld be calmly sntlUui, accord- ing; to tho B|)irit of tho Constitution, and coiiucquunily uccordin|; to (ho interests of thu | ooplo. I can iissiiro tho House, that far from entertainingnny deter- mination to maintain my opinion, merely because 1 have uttered it, 1 should bo, at this moment, happy to abandon It, if the duty I owed to my Sovereign, and to the pctople, could per- mit me, my mind invitus rather than repels coiivictinr., and hoping that tho House will, on a subject whicli must Hurely occii|iy tho attention of the wliolo country, meet mo with » desiie to bo gov- erned by reason und truth, I will concisely once again, submit to it my view of the case. From the time of (Jcnoral Simcoo to the departure of Sir John Colbornc, the practice of ovory Lieutenant Cjovernor of this Pro- vince has been, to consider their Executive Councillors as advi- sers, t,\< orn not to respond, or in other words not to be res|ionsiblo to tho people. On my arrival hero, finding this had been tho practice, I also pursued it, but on preparing to add ilireo popular mnmlxirs to thu Council, one of them, INlr. It. Baldwin, with the sincerity which forms his character, tells me ho thinks my Council, in spito of their oath, should respond to the people. To this project I refuse to accede, a long argument ensues — and ut last ! write to Mr. 11. Baldwin u noto of which the follow- ing is an extract : ** I sluill rely on your giving mo your unbiassed opinion on all '• 8ubj;'c*» respecting which I may feel it advisable to require it." A ftor receiving this diistinct statement of my intention not to al- ter the old practice, Mr. 11. Baldwin sends a copy of the samo to Dr. Itolpli, and «o Mr. Dunn, and they knowing my sentiments all three join my council. After sitting in the council three weeks Mr. Baldwin's consci- entious opinion again appears, convinces the other members, old as well as new, and tho subject in a most formal manner is ollici- ally brought before nio, with a request that if I disapprove of tho opinion, the council may bo allowed to address the people. On referring to tho Constitutional Act, I am unablo to con)|)reliend their reasoning, and we consequently part on tho same good terms on which wo mot. I retaining my unaltered opinion, while at least four of tho council have (since my arrival) changed theirs. The whole correspondjncc I forward to tho Mouse of Assem- bly, with an earnest desire that, regardless of my opinion, the question may be fairly discussed. In the station I hold, I form one branch out of three, of the Legislature, and I claim for my- self, freedom of thought, as firmly, as I wish that tho other t\KO branches should retain tho same privilege. I m rii n m j1 ,n U 56 Appendix. If I should seo thyself in the wrong, I will at cnce acknowledge my error, but if I should feel it ray duty to maintain my opinion, ibe House must know that thern exists a constitutional cribunal competent to award its decision and to that tribunal I am ever ready most respectfully to bow. To appeal to the people is unconstitutional as weli as unwise, to appeal to their passions is wrong— but on the good sense of the House of Assembly I have ever shown a diipcsition to rely, ami to their good sense I still confidently appeal. o c CO CD 4^ t-* O o o c Appendix. P 57 cknowledge my opinion, >nal tribunal I I am ever li as unwise, sense of tiie to rely, an cw C3 te t-* a a < < P' ^ >■ HO " ffl .^ c - =■ s to D3 fD "J P s d St 09 " CO s o sr a o ar c (S T3 ■-« cr o •t o s era =r B 5- cs., O o O c -1 crq n - cr • 8: o H o "1 o s o pj"- - Hoi S ^s M 2 *'-■ O 0>^^^^ 3 O O "vl — I » >^^!S. - ^ ^ ft. |_1 H- »0 S5:j.mj. 4^ "^t ts Ift-MM o tn WK- 03 03 fO C) I— ' O o a. cr o B in O 3 -. 3 " i' c ac, 03 O er o M C/l O 3 (n CD CD o B CD C3 4^ rfu. er lO t3 00 ~ o o o o o O B b( o O m. B a o (D CB •1 2 » 5 CO s » Pi CD CD B> 3 a. 3 3 s* CD w 3 Cu o 3 CD 3 5 ? 2 o 09 3 n (3 q r H H H n «■ CO s-'c 5|-f9 • ^> on, 55- 5' Si- I'll «' M' ;; : ^;ii' ;:.|l'l !ji ;,i'l|l '■:i ■'I :li m •,ilj. V i ii I I I- 1 1 i!{!l f 1 5^ Appendix. <3 ml' ' *• 8 -1 33 50 ^1 :o 1— t JO ■ ?3 P3 o ^ 1 P3 ?3 (D s re rt) n re n (Tl CD re re re re ■ ."« < ^ 3 s* 3 ^ 1 o 3 o o_2^ n o ST 3 *-♦ ta-4 ^ 1 s< C» s^ jr.' rs V — • o o ^* D a s £ '^. C_ 3 a s O* K re S ST "^ re -( s -^ *-* i/i • 3' (iq • • 2 o 3 • • • • • EI re 5' * II n O 3 1* • "1 5: ' c: re re trr 1 3 3 L3 o 3 o -;- W O 1 "1 W tJ_ 3 — • • r> 3 <-• 'w o o o < • 3 H o 3 4 3 2 B 3 m 3 • • • • • • • 2. ' n r, O 3 re •1 0' • • • • 1 1 » • ■ O — • ■ • • • • c o 3 -1 • « • • • -fc ' • • (a' ;; (/- « • • r^^^ >«^^ **^fc.' N^^^N -- ^^-^ '-a ' ■■^►^ • CO t— I ^ • ^ C^ /» "\ ''- 1 • 1 1 --W p y. h li^ )— 1 w 1 to 1 -3? -I < •J w 1 u^ l.^ ^1 2 ^ CO 2 ^..'2 1 Oi O -1 '-C o J=)_ D " o s* ^JJ? _M CT) C^O Cn..tOM ■ K12 -J i ... f p to - ■^ CO OD j:^. t-4 ji. to >f^ O 4^ C-. t-' 1 ^ 1 s^-v "— .— ' ( tT >-' a 1 COW 1 ^ (C H- "r"" f ::::::5 Z3 ^ **• >-' < Cl "o o o CO CO ^ r: ! 2 2 fi) ca iK 3 tx x: "bj" "" c ^ " 5 " ■3-3 " C ■J cr 3 "U c -1 r^ n ^ ?r» 1 o D H o ^« TJ o <■ J 3 c c - o o p" n i M ; 5 • 4 ] c_ \ S re P' B a * u (« ' • . •; 3 • • • • o ! • • • •ip' • S J • m • t • • • • « « • ■ • • ;^ • V- — ^: t t ■ • ^ «>. CO > ^1 < P» hi D CO C ^ i ^ y ^ i i4^ k ■^ ►Si. ► ^ • • CI > J tT) < -*. O C ~ z ^ "m 5 c ^ C O C 3 5 ^ ^ i; ►< Aj'i'Fciyuix. 50 } ^ o «? n n n < < < 3 3 C =r > a "( COa 3 X >;; 5 o c 1/1 o c- ci 6 ) o — • w •" ^ p > -I o 3^ c ft) o 3- 3 o o o tr :j o B w O ■-I n n 3 .< £-, P o " rs rr ■yj '^ -». - n TO > CJ I O f: J;; -o -1 5' o 13 fS o fo' •-I 3- P- s ■"IM B n o u B as oA<»- ■t ':: = t;) fV) I-" H- a,; s -^ '^3 -" >^J Ci t- :; ^•' oi ji- ■■■■• V- eT C-- "■ .(.ti (4.,;. -I f '(;;►_! i_i K, 'I :' 3. v3 '* i— Ci (O >+» *-• ■— ■■ i-» -I CO '.o :.i t-D C) I* '':; 'i , '>- -t- ~i .r ••( lo "t" 0'. .i ■ ") o r/1 o 3 w 3 (4- O o o o O '-"> « « (,0 »^. -1 tU c-j o l-J n O o o: o 3 ■^ 3 Q 3 3 r 2 ■a M O u f O H r-j H '^ O •I >! ft* O o H 1 PI i'll:. &i CO Appendix. r u r> M E' ft S O Jt, M F o J7f p < QO ~< . ^_ o o o o o o o a o p o o o 5< c/> ■o Oi 09 ro ■< •73 B lib B* in CO O 09 lO w » ro n 1* :* O » cr O ?3 o o lU "3 O s HO S3 ~ s 5' o fft? -*> o to 3 w " -I "!_ 5* o c g •-I in- to IB-I 3 o H CO s- c 8t -^ Si 5 - 3 'ti "I a. rn n' sr cr c -I trq o c H sr o "1 o Cu '5' O =r w 09 CU 3- C 00 2P rO^.^\ S" o - tW-" o t— ' I-' h- > H- O tS oc *fc8 to O H- - GO WKJi-'KJH-'i-'i— 'I— 'h-i— 'tcto -I O )-r.r, CO 5oo ' U3 ^1 O^ Ci ts Ool * m 'X 00 00 oi I c o o o C ffi 3 o u a. o n 4^ so -^.*-*-\ . T r >-' ^' 5 ^ Appendix. 73 73 en Oi re re Of o ?3 re P3 re 93 re PO re re re W ^ n s- o o c cr re r c (15} re S re 3 re CD £L 3 >■ CS Si re O n -« a CO -< o p w 3 Si re P m re a a. (/I u o o =" =r c 3 O Q re a r a- o re re CO --* H 3 w S - " i o . ;? ■-I . o CO o S3 s C« H 3- O S n 5 W n re P 5 en cr c 03 3 o S3 7Q re ex. CO K) to o OS (o o 00 p o o o o 5 o o c = o O O OS M — I O O C M -» O © 1^ ICH "N 5*. p 3 re 3- re H. re p 3 re ^.^ o P = 5 o a p 2! re o 61 J- 5' 1 o 2- f/q li M ii II |: III : r li!! h f ill r Iff ' II 62 53 -1 O O AlPF.NDlX. pi o 5> O O n CI c o C: 03 to i_i 1-1 N-; K"; M — ' i-i y- — I ■ tr rc G jc cc "^t U/ c ^;d_ii'lrrr_S''~- -^ ^:' "-^ ^i QC QC ^! O («;/ t-" O; CO in 5> Oi o O CO l' r.". ■3 • r '^V J., s Oi 0\ CT) Ox ^13 ^7" w CO *-i ^ tc. ^ O 3 «-■ f-. o »* 3 tn • O • 3 o 3 3 CO c ^li o •3 — ^ -J 3 '5 f^ 3^ Ai'Ps.NDrx. 63 ; s' e « o © O H • >- s o O Ol o o « 00 00 (N «5 '-'^-s: 1-t CO A n Wl (0 en Oi CJ S'^^ "i « « C3 S3 (N CO cc r-H 5^ CO VO • t^ 0^ Ol CO t^ 00 lO K to o u t—t rH rH i-H Sa OJ lO -— «.-? C lO lO (>) (M O O - rH !-( CO i-l Ci -H rH rl OJ CO C •* y^.^ I.^ CTi 5 '^^ rH • . «■« (M C) O CO b s^ rH .J -^ O ; • ^— .' ' O O =i »! O • j O O O F^ :3 • • ^q O • • O ' O ifO TO • • >o ' O CO i-H • • (?} ■ o o -— * • • — --— 1 • /^■^> r-r^-^ t'S^^K^S ■73 = -^ ^" • .= "3 •5 .■; -^ 9 > "^ • ' / 7 3 • 1 CI — 1 « '~ n S ?±3 iJ^ili u iit= • «sg . = 1 -'li 3 • ^. .S c^ ii S *>> .,r —-Ok- , m : : ^^1 •u- t- >c . C ■_ '• -O -3 o a- C—- - ^ It lJ o - r :i- n t 1 = '"t ^- S • ' fid ^lil : : • • • • • • • t * • •* ■ • • • • ,-* hi ■ * • • . r. « ■ t ;d .5 >> • • O '/) c , *3 M 'tl Q r* ' :- rs u 5 u : 1 s rt 1 ^ '-' %, ^, 3 • ca : ■ W :ch ^ • • > 0) . I • 1 > I 1 1 ^ • . « • P^ M ■111 1^ ii K' ■mi ,. r m \'m p 64 SIR: Appendix. R Government House, ) 4th April, 1836- $ I have laid your letter of the 2.1 instant before tlio Licuterant Governor, and have tlie honor to forward to you by Plis Excellency's command, tiie documents therein applied for. 1 think it rig'it to add, lor the information of the committee, tha at Rejoinder to the Lieutenant Governor's answer to the Address of the Citizens of- Toronto, was left at Government Ho'ise in a sealed cover and returned unreod to Mr. George Ridout, who had brought up and read to His Exeellency the Address. That gentleman however dis- claimed all participation in the Rejoinder, and forwarded it to Mr. Jesso Ketchum, ouu of tiie fSubscrihers. 1 have the honor t» be, Sir, . Your most obedient humble servanf, Peter Perry E=-q. IM.P.P. J. JOSEPH. Chairman, &c. 8 REJOINDER. May it Please Your Excellency. Wo tiiank your Excellency for replyinjof to onr Address •• prin .ipally from the industrious classes of the City." with as much attention as if il had proceeded from either branches of the Legislature, nnd we are .deeply sensible, in receiving Ycur Excellency's reply, of Your Exet'licncy's great condescension, in endeavouring to express yourself in plainer and mon; linniely langnnge, presimicd by Your E.\- ccllenry to be thert by biouglit down to the lower level of our plainer and more homely understandings. But we beg leave, in justification of those classes, to ai-sure your Excellency that any compnrisun which may have pasBPd in your Excellency's mind between them, and the more unfor- tunate and loss iavored, in the parishes of the Parent State, is by no means founded in truth. The industrious classes of this city have, for many years, been seriously impressed with the duty and importance of acquirnig knowledge, for tho general diffusion of which, they have by their own efl'oit?, and at their own expense, (with the aid of generous and patr otic friends) so far saccessfuliy labored, as to be able to appre- ciate good writing and fair reasoning. We desire respectfully to inl'orm your Excellency, in the plain and homely language of industrious men, that any supposed necessity for this great condescenaion of your Excellency, could not have existed, in any degree, hid not past adminisirutions sadly neglected our claims to the blessings of general education- Lest your Excellency should doubt our Buflficicnt apprehension of the matter (tho' we have practically felt and suffered from the evil,) we, humbly, refer your Excellency to the lan- guage of our honest and honored representatives, at the opening of the present session of our Parliament : — " We have also been anxious, in past years, to nnke the means of education general and easily available Appendix. 65 ifliii ;iiit,: It House, ) 1,1836 \ lio Liouterant Excellency'! imittee, tha at address of the n scaled cover mgiit up and however dig- it to Mr. Jesse servant, , JOSEPH. fo onr Afldrcs? with as much le Legislature, icy'a reply, of ng to exproBS d by Your E.\- lur plainer and ication of those hich may have iR more unfor- State, is by no city have, for importance of thoy have by d of generous able to apprc- the plain and '.essity fortius xisted, in any clainiB to the 3uld doubt cur ically felt and cy to the lan- )pening of the n anxious, in isily available but it hai onljr lately become known to the legrislaturc, that a bountiful provision in landd was made by the Crown about 40 years ago, though since deteriorated, by a recent secret unfavorable exchange for inferior lands. Tlie University of King's College was grounded oa Royal Char- ter, sought for and granted in 1826, upon principles, so exclusive and sectarian, as to render it, deservedly, unacceptable to the great body of the people, for whose benefit it was, professedly, intended ; and although the most reasonable modifications were suggested by a series of resolu- tions in 1829, yet it is now, for tiie first time, that your Excellency has been enabled to announce, from his Majesty's government, any specific proposition respecting it. Nor ought we to fail to notice, that large ap- propriations have been made out of tho University Fund, not to the dis- trict and town-ship schools, undeservedly neglected, but to sustain Upper Canada College in this Cty, in which the sons of all the wealthiest fam- ilies are educated, and which ought, therefore, to be supported, without 80 questionable an encroachment on public funds." To this statement wa can add, tho untiring efforts of our representa- tives for the sale of the Clergy Reserves and the appropriation of their proceeds to the purposes of general education, have hitherto proved un- availing, — and although a philosophical apparatus purchased out of tho toxes gathered from the people, in the year 1800, has, ever since, been unused, mouldering and decaying in a garret of the Hospital, yet when the industrious classes, after cleaning and repairing it, humbly solicited his late Excellency, Sir John Colborne, for the use of it, in theirinsti- tute, it was peremptorily refused. We, therefore, humbly pray your Excellency, under these mortifying and humiliating circumstances to accept the above painful facts, and ex- tracts from the records of our Parliament, as an apology for any alleged necessity for your Excellency's gracious condescension, in using plaiuer and more homely language, for the level of our understandings. But it is because we have been thus mal-treated, neglected and des- pised in our education and interests under the system of government which has, heretofore, prevailed, that we are now driven to insist upon a chang* which cannot be for the worse. In the further language of our Com- mons' House of Assembly, we can aver that '• the uniform experience of nearly half a century has forced the conviction, confirmed by the history of nations, that no richness of soil, or salubrity of climate . no wealth in pub- lic lands, or industry and economy among a deserving people, can insure their peace, welfare and prosperity without the possession of those uitable institutions which will yield cheap, honest and responsible governments" Now, your Excel ency is pleased to answer us, on this occasion, by declaring, that the system of government which has prevailed from the time of Simcoe, is tiie best for us, although it has, by its vices, reduced us to so deplorable a condition of grievances, that even your Excellency recognizes it, this day, in the following just and sententious language to us ; — " The Grievances of this Province must be corrected — impartial justice must be administered — the people have asked for it — their Sovereign has or- dained it — lam here to execute his gracious commands, delay tvill only in- crease impatience." — Thus is the exigency of our afiairs frankly admitted by your Excellency, in both the Civil and Judicial Departments; and surely it is the province of wisdom, not merely to relieve the present ex< igency but to remove the causes which have produced if, in the past, &. will, if suffered to continue, rc-produce it in the future; for the hka 9 li," m II; iill itti;; illil; 4 '"■•i -i ! G6 Appendix* cauaet v, ill ever produce th* like pfToctii. However much, thereiore, w« might commend tiio intention of Your Excellency to see that •' the pie- vancoi of this province" aru redrpflBod, and "impartial justice adminm- itTi'd," wo aro detorinined, by meai's of inHlilutions l)Ottcr organized 0* directed, to prevent tlie recurrence of snchwronjja ; hcncuse it 18 wiaer lo prevent evil, than tohuzard the correction of it, aficr ii hus uridcn, or has perhiips, became inveterate. Yoi. Kxeellenoy is pleased to say,— "I am here to execute &c. But your Kxcelleney'a prodecessors throughout the hifiioryof ihia coun- try havo mude nimiliir professions yielding however, nothing bnt bitter dieappoinlmcnt. The issue of the udininistration of a (iorc, a Maitland ■nd a Colhorno has been equally disaetrous ; each, in its commence- ment, holding forth expectations aa flattering as those from your Excel- lency ; but each, finally, aggravating our need i'or ''gikvancts to be n- dreascd, and immrtial justice to be administered." But the very fact, that your Excellency has begun, like your predecesBors, is a reason for apprehending the same result; for it would be olTonaive to your Excel- lency to aBsuino that they were less wise, impartial and honorable than any who niny ever succeed them. The hopes of amelioration from each Buccessive Governor havo been uniformly dnlusivc ; and candor obliges us to adsiirc your Excelloney, that, even in this early period of your go- vernment, our condition has become more deplorable than ever, and the very nature and ilability of our inistituiions involved in alarming uncer- tainty. Willie our conditien haa been thus grow ,' worse, under a succeas- ion of new Govcruora from England, they iiaving been responsible to the Minister in Downing-alrccf. With our plain and homely undcrstand- inga, we cannot comprehend how a responsibility to Downing-Slreet, having failed of any good, with all your predecessors, should bo all availing in your present Government; for it is the same responsibility in nature and degree, — it is regulated by the saino inslructione, — it is rendered to the same distant government, 4,000 miles off, and guarded by such a eysfem of secret despatches, like a system of espionage, as to keep in utter darkness the very guilt, tho disclosure of which could, klone, consummate real and practical responsibility. Daihousio and Aylmer, in Lower Canada, and Gore, Maitland, and Colborne in Upper Canada, have, severally, misagovcrncd their res- pective Provinces. The two former have been impeached by the people, thro' their representatives, and their very crimes, instead of meeting fiuniahmenfj have ra'sed thorn to higlier honors. And altho' the three atler have severally retired from our country, after misconducting our tfTf ra, under a nominal responaibility to Downing-street, till they had •n{ enderod an imperious neccsaity "for the correction of our grievances ant the impartial administration of justice," yet in every case, they bai ) been promoted higher, in direct propertion to the complaints of the people, without any redress for their wrongs, or, even, censure of thf ,v oppressions. We do not mean, in eur plain and homely atate- munr, to bo disconrteoua by declaring our unalterable conviction, that a nominal responsibility to Downing-street, which has failed of any good with the above gentlemon of high pretenaions to honor, character & sta- tion, cannot have any magic operation in your Excellency'a administra- tion, which, fihod'jt end, as it has, unhappily, begun, might make ua drink the cup of national misgovernmont to the very dregs without (as ezpe- rie&ce proves) redress on our part, or rstribution on yours. " Facts .I Appendix. 67 sretore, we •' Iho grie- c adnunis- rganizod & It 18 wiser a arUcn, ot pcute" &o. f thiBCOun- g but biiter a Miiilland commnnct- your Excfl- ces to be ri- 10 very fact, a reason for your Exr-el- lorable tliao on from each mdor obliges [ of your go- 2ver, and tliQ •ming uncor- ir a succcM- onsible to the undcrfitand- /ning-Slreet, liould bo all cBponsibility tions, — it ia and guarded spiouage, aa wliich could, ere Rubbom thinerV'" It is a mockery to invite «■ to rcit our (Vit«r« hopes on an innffoctual, morelv nominal r«sponaibilily, that Itat proved e broken rped, which, it would bo folly, tT«r again to r^l upon. Your Excellency hua boon pleaaed aolemnly and publicly to declare, that being dotermmed to hold \n irrcipnnsible, or mors atrictly npeak- Jng, an accepmble Executive Council, you hold youmelf rosponaibie for their acts, aa well »»■) your own ; and cnnaidnring the aorl of council you hav8 iihout you, wo cannot forraan tho niagnifudi* to wliicli your ExcnlkMicy'u r».'H|)oniibility may extend. On your Exnellericy'H account, tharefiiro, as well aa our own, wo do humbly and heartily deairo to aee you 8urroaiidi.'d by cunfidontial sorvants, n il likely to involvi your Ex- coll;.>ncy or dissatiBfy tho country. We do not, however, underatand^ how the council citu hti called " nonres})i>nsible," when your Excelleny voluntarily iikccs yonreelf ag a luhstitute, auawenibla for their mia- decds to the Ministurat Downing-street. But who can avail himaeif of thiB reiponrtiliilily, in order to Heck any rcdreaw ? C»n it be reason- ably requi red, that oiip of a community " viho^e. ivholt revcnut does not *^»u/ the private fortune of viany an English cummonrr" shall carry hiH complaint 4,UU0 olf, traiisniit the evidence, rebut any unjimt de- fence, fee Inwyera and agents, in a loni;, tedinu.s, protractid hugation ill Djwning-Hlreet, woraoihanapuitiu Cluiicery, where, beforutha mat- ter can be investigated, one Minister succeeds another so rapidly as to defy continuous inquiry. Tliia rcspoimhility to Downing-stroet hns never yot saved a sing'e martyi' to Ex*'cutive disploasnrL'. Rubort Gourhiy still lives in tho publio symp-itliy, ruined in his fortune, and overwhelmed m his mind, by olTicial injustice niid per-^^cciitioii ; ami the iatr Captain Matthows, a faithful scrviuit of tin? public, brok'jii down in spirit, narrowly escaped being annlher victim. The leariind Mr. Justice Willie, titruggled, m vain, to vindicate hiinsplf and the wonuded jmtiot* of the country ; and the ashes of Francis Collins and Robert Randal lio entombed in a country, in whose (!ervii:c, tiiey 8uirore<| h art-rend ng pnrs.icntioM and accelerated death. Aud even, your E,\cellency ban discUwed a secret despatch to tho Minister, in Downini,' stnTt, (tiie very n!lt'g(;d tribuual for justice,) containing most libellous mutter ngiiiiht Win. iiyon Mac- kenzie, Esq. M. P. I'. — a gentlrnian knnvvn, cfiiefly, lor his untiring services lo his adopiCfl and jfrateful country. Wo wiil not. wa t fir the immolation ol'any othor.-i of our public men, sacrifice'! lo a no'ninnl ros. ponaibility, which wo blush to lave fo long eiulured for llic rum of to many of ilia Majesiy's dutiful and loyal snhj 'cts. It IS easy to tiay when wrong is don'» hy (ho E.veeiitivr' Council of the Province, to any individual or individuals, — 'he GdVi.'iiior is r'HiioiiSiblo for them lo th" Minister at Downing Street; buf. firall |irivct.ible uiuls, it might as well be siiid, — at our antipoilcs. Your E.vcrTlloncy asks ns, with reference to your late Council, — '• f^ it usual for ouo pi-rnoi fo in- '• sist on bearing aiiotiior person^ blame!" — It Boemn, mny it please your Excellency, to have been usual to do so, for yon insist upou^beimr answerable for the acts of your Council, a!::jn;nst their wil!. lint', inas- much, as it appeurd to your Excellency, ns well as to our plain and aim- pie minds, unreasonable for one man to insist oii bearing "anotiier per- son's blame," we the more earnestly insist that tho Executive Council should bear their own blame, and not saddl ? it upon ycur Excellency, hewever lyracioualy disposed your Excellency may ba to ssfumi it. Your Excellency is pljased to say, that, — "the political paity which ' 'V- I ';' C8 AfPENDlX. ; { "ilomamls ro^poimibilityfor my Council, know p«rf«ctljr w«I1, that th« '• povr«r mill p ilrontja of thi* ( 'rowii nra eilttched to it, and il if too ovU "d«iit, that if timy could but obtain tliia marrow, tli«i empty bono ofcon- "tenlion naiii«ly, reapnnaibility to the people thuy would aoon b* too •• happy to I lirow Rway." Roflpectiniu Ihoao Btrictiireii of your Excellen- cy on llio purity of thuir motivoa (which we deem most pntriotio and hoiiorabli\) w! and vnluublo nutriment, all intended to form ascource of national wsaItU to be improved, husbanded niid npplieil for our peace, welfare and good govenimcnt. It is widi profound, and we greatly fear with unavailing regret, we inform your Excellency, that while subject to the above custody and responsibility, the " bone" had been pecked so bare, as to luavo little besides the " iiiariow" behind. Under these circumstances we hope your Excellency will commend the " industrious classes," and others for so fur learning wisdom from woful experience, ns no longer te confide their best present and future interests, their civil and rclii^ioiis libotties, and all that endears a man to his country or to the world, to a succession of Governors, nomi- nally responsible at Downing-street, to asuccessiou of ever-changing Ministers. It is unroasonable to exjicct it, — we should betray our country to consent te if. We cannot altog(!ther agree with your Excellency that *'the only con- " solation wliieh should su|)porl an honest man, in an arduous duty " is the reflection that he is ready to atone for every error he com- " mits, and that ha is subject to arraignment if he olVends." The highway-man mid the pirate might and often have pleaded the same; Iiave, even, been ready to make atonement by restitution, and after " arraigamcnl" exipated their crimes, according to law. But a States- man, a Geveruor, or a King, is presumed to be influenced by higher motives and by more exalted principles. The discharge of, even, an arduous duty cannot, and ought not, to bo satisfactory to us, if per- formed in nn unconstitutional way. [o some countries tho end gained, iiowever valuable, might be so tainted by the means, as to make it Arpr.Knix. 60 I, thttth* iff too evu mo of con- oon b* too r Kxcellon- ktriulic and thinkelh no ri the rcpre- powor and nncy, after known and I'd and arbi- orBP, by tlio tlio seen* of localitiet, t« K wliich tha ncy is plea- intended to d tlie whole , pardon our council) to rtiorant avon unacquaiut- m" to which scessive Go- I and »t one ni9 for much :;c ofnational euce, welfare Illy fear with e subject to jeen pecked II commend wisdom from It and future dears a man iiors, nomi- /er-ciiauging d betray our the only con- rduous duty rror he com- 3ndH." The id the same ; n, and after uta States- 1 by higher of, even, an un, if per- end gained, to make it treason. We dtitire, nol only to be governed well, but io be ^uvanind coBstitutionally ; at the v«ry learnt, iiccnrdinx (n the prcnent cliiirCvr of Aur hbertins. Tiie foiir uf persnnni liiibilit/ to '*atoneiiirni" Uf **«irrHi<{ninent" i^ .1 vory aubordinate protection iii;ain!«t the iiIiiihc of power, when the complaint ist made »<;niii!it a parxon, «titionr|i( the humiliating^ I'X- clusion of your sworn advisurs, provided hy law alid selected hy your- •elf. Hence, it is, that tlie/c has, scarcely, bern a niimlo act of yoiir administration, satisfactory to the community, your /Oxcellency, per- haps, intended to serve. it is a;;ainst oursclvcM and our friends cnga{;«d in the common cause of constitutional government, that your Excellency himjihs Io direct the charge of prcvenlin;? your " rooting up the tree of iibiise, because they have built and feathered Iheirm'MH in itsbraiioK'cs." Intliis" tree," many, indeed, have ''built and feathered their nuHti:" ; but, hert^tofore, reformers have never been allowed, evrm, to jiercli \ipori its branclies, rci.,i8e in its shade, or partake of its fruit. The ultra lories, who have, unhappily, held your Kxccllency'n ear and ci>nri'J<:nce, have enjoyed a comi)lcte monopoly ; and it is an hi.storicaf fact, that our Governors, among the rest, have " built and feathered tlieir nests," and, then, carried their accumulated wealth, with themselves, out of the country. We trust Your Kxcellency, will feci on this sul)ject, how unjust it is that a community (as Yonr I^xcellency observes) whoso public revenues do not exceed the income of many i ccunnioiier in England, should be called upon to pay for tliu adiiiinistration of even, an irresponsible governmen', a sum almost c(jual to that rftceivcd by the President of the United riialts, with a trariscendantWouItV and power that put our comparative condition to shairie. We are .surprised at the inform itiori Your Exceliency gives n«, that the Executive Council of tho Province is ^'itwornto he dumb"; for we always th.mghl they wero sworn to advise the King and his Re- presentative, upon our alFairs. Supposing Your Excellency wero so far to unseal their mouths, as freely to receive their advice, we see no difficulty in its being given secretly, yet responsibly. In England Miu- m I I 'i ; 70 Appendix. ' ist«rt giv* their advice, under an oath ofsccrecy, & are still reBpontible. There can be therefore, no greater inconsistency in such a relation sub- •isting between Your Excellency and Your Council. Actions often indi- cate more strikingly than words; and although your Councillors cannot revp!.. We care not how dumb ihey are out o( the Council, if their mour'is are not sealed in it, and the Province is allowed to feel and enjoy the ma- nifest fruits of their counsel, without knowing what it was. The Council should be responsible for giving good advice, whTle Your Ex- cellency would retain enough of responsibility by dectiling upon it. We should not die better estcHm a Judge who refusc.J to listen to an argument before he gave a judgment ; or a jury who sealed their ears against ths charge of a judge, in order to manif^.st their sell-sufficien- cy in giving a verdict. Tlie Judge condescends to hear the argument 3f acounsel, the jury listens to the judge's charge, and Your Excel- lency should, it seems to our •' plain and houi ly" minds, listen on ail subjects, to the conscientious advice of Ihe sworn advisers, selected by yourself, for »heir " talents and intsgrity." We have carefully read, as your Excellency recommended, the Constitutional Act, and, akhough your Excellency assures us, that by it "a House of Assembly and Le!;islative Council and a Lieut.Gov ernor are appointed, but tbutit creates no Executive Council," yet we read so u-early, in three several places, almost the very same compre- hensive words, viz : " With thu consent of such Executive Council as shall be appointeJ by his Majesty, his heirs and successors, within such Province, for the alfiiirs thereof," that we must believe some evila.id irresponsible advisers have put into your Excellency's Iwnds a mutilaied copy of our Constitution. We cannot reconcile your pre- sent declaration with you" reply to your late Ex"cutive Council, in which yoMr Excellency distinctly admits, that the most liberal con- struction, which can possibly be put upon that act amounts to this : " that as an FJxecutive Council was evidently intended to exist, the •' remnant of the old one ought not to be deemed totally extinct, until *' its successor was appointed. However this latont intention ot His " Majesty to create a Council for uach of the Provinces of his Cana- *'dian dominions, was soon clearly divulged in a most important docu- " ment, commonly called the King's Instructions,'^ in which the Ex- ecutive Council was regularly constituted and declared as follows : *' Whereas we have thought fit, that there should be an Executive " Council for assisting you, or the Lieut^enant Governor or peison ad- •♦ ministering the government ci the said Province of Upper Canada" * * * "and to the k:vd th it our said Executive Council may be "assisting you in all affairs rthiling to our service you are to com- " numicate 'o them, so many of our instructions, wherein their advise "?a mru'i'jni'J to he requisite, and likewise all such others, fr;,m lime " to time, as you slialt fui'J c jiivenient for our service to bo imparted " to them." It is ilu-ivloreas plain as law can be written, that the Constitutional Act provided for tile appointniciit, by his Majesty, of an Executivo CoiHicil, a'lil lliat ih'> Kiiia; luis, arcorditigly, created such a Coiincil "tn the end t!iat tliry mi;,Mir be assiisting t"o your Excellency in all "aflTairr, relating to His Majesty's serv.c.?." This council so or- ganiaed, is now as much a part oi our constitution, na tlio great m Appendix. 71 onaible. ion sub- ten indi- 3 cannot IP.. We ur'iis are the ma- 3. The ^ourEx- upon it. ten to an their ears suliticien- argvunent ur Kxcel- )ten on ail elected by inded, the !3 us, that .ieut. Gov ;il," yet we ne cornpre- ve Council iors, witViin elieve some ncy's Iwnds le your pre- Council, in liberal con- luls to this : o exist, the linct, until tion ot His f his C;ina- i-tant tlocu- ch tlie Ex- as fallows: 1 Executive person ad- ler Canada" cil may be ire to com- their advise fr in time 9 imparted Institutional Executive ti a Council lency in all [iicil 90 or- tho grett council of Parliament. The law allows th« people to elect th« House of Assembly, and gives the King the power of summoning whom he pieties to the Legislative and Executive Councils; all are alike created or provided for by this Act, though it does not specify by name, the particular individuals to constitute either of them. We welcome the Concession of Your Excellency, to the merit of the able and enlightened SIMCOE, to whose memory we would cherfully erect a monument. We never said tli.;t that justly revered representative of the King either did or could alter the law. But we still think, that an able and enlightened mnn, who assisted in passing the law, amidst all the debates upon it, and who was, first, commissi- oned to put it into operation amongst us, was, of all men, best qualified to explain that law, and its intended scope and applicat'^n. Simcoe, with all his personal knowledge about the law and law s^i.ers, declar- ed that it was intended to give us, not a mutilated Constitution, but one "THE VERY IMAGE AND TRANSCRIPT OF THAT OF GilKAT BRI- TAIN"; Your Excellency, on the contrary, after the lapse of nearly half a century, asserts, that neither the law nor the lawgivers (of whom SiMcoF. was one) ever gave or intended to give what Simcoe, in the name of the King, solemnly announced from the Throne. In England, our fellow-subjects have a King, with his Executive Council (commonly called his Privy Council,) a House of Lords and a House of Commons : in this country we have corresponding institu- tions, viz: a representative of the King, with an Executive Council, a Legislative Councd, and a House of Assembly. We only ask that these institutions should be put into operation in a manner correspon- ding to what is practised in England, and consequently tliat the Ex- ecutive Council, under oath should as fully and freely advise Your Excellency on affairs here, as the Privy Council, under oath, advise His Most Gracious Majesty. This is wliat the Constitutional Act implies, — it is what Simcoe announced, — it is what our liberties re- quire, and what nothing, without our own consent, can lawfully abridge or take away. If Your Excellency will not govern us upon these principles, you will exercise arbitrary sway, — you will violate our f barter, — virtua ly abrogate our law, and justly forfeit our submission to your authority. We have the honor to be. Sir, Your Excellency's Most obedient, hmnble servants. JESSE KETCIIUM, JAMES H. PRICE, JAMES LESS LIE, AND'W McGLASHAN, JAMES SHANNON, ROBERT McKAY, M. McLELLAN, TIMOTHY PARSONS, WILLIAM LCSSLIE, JOHN MILLS, E. T. HKN0ER30N, JOHN DO EL, JOHN E. TIMS, VVji. J. O'GRADY. SIR T Front Strett, 12th April, 1335. In answer to your letter of this day, in which, alter refer- Iring »o a paragraph in tiie Lieulenatit Governor's reply to the address Tram the cilizoiis ol Toronto, you aild, " as you and your l.ito colleague tare charged with haviiij; fiirt entered into lui arragoment «learly lore- warning you of the extent to which you would be council led, and 72 ApyENDix. then altogether in a body disputing it, I write this comtuuntcatiou that yon may give any justificiition ofyour conduct you may desire." I beg leave to state, that the expreasions to which you aihide ^ecra to be un- derstood by tlie c^.ninittee in a sense much more extensive than could iiftve bfjcn intended by tlie Lieutenant-Governor, lor tiiouffii, aa stated in tny ictiur to you ol the l6lh ultimo, his Excellency frankly avowed iiia (lisdent fioni my views of the constitution, so far from itis jrivin^f me the leaH re iriun to Huppo^e that I was never toottijr my advice except wlien called ui)on for il, or that my vi?w ol the practical adininistration of the frovcrii, iie.it nuler tlio cuiistituiion was not ajrain to he recurred to, he iiiu.-'.!lf' " «u?;?H.-:f,iid a^^ an in liu'.emjnt to me to accept ol" a seat in the cfiiMcil, the increass'l. facilities y^h'w.U by my place in the Executive Cnivicil would be i before him;''' and, nideod, the whole tenor of my oli;,:;ii i'.teicour.se w.th nis J' being sworn in, to say ndliing of the expie.ss assurances above alluded to, excludeu such a eupposilioii from once suggt^siing itself to my mind. I therefore teel bound to state, that any other construction put upon Oie terms on which I accepted ofhce, than such as is to be gathered from Uie Btatement contained in those paragraphs of my former letter above quoted, is wholly erroneous. I have the honor to be, Sir, Your obedient liumble servant, rSigned) ROBEKT BALDWIN P. Perry, Eso Chajrman > as that, spirit ll»H(' entir( acqua whic the derstft bud loifn. 'aiiily 'CilsOl filOUIl of comm ic, &c. Appendix. 73 ition that e." I beg to be un- lan couUl aa staled vowed Ilia ng me the cepl when tiou of tl\e iretl to, he seivt ii\ the Executive eiUinffond iouUi,:it all lid give hi3 it any time, lolc tenor of lit with the , was askeil. a sense has they coul|i [ccllency al- )V, the re tore, iprcos or iin- 3 should not eil tVoiu me lerbtai\ding iiy collea'^ues in the oonse- ncUisive upon Ik; sense aliu- lever was uu- ling wlxatever i\< Bxcellen- iillier tliat we proper to il" Is vi tlie con- that liad Hu-< I was never to tive uiili'Ji^'ti''" on such terms; [honor of hold- to sny niihing h a BUppobilioii 311 put upr^"-' *'>e ■ jred from the br letter abovo lALDWIN. i Commutes Room, Itith April, 1836. ROBERT BALDWIN, Esq., called in and examined. 1. On what day were the Honorable John Henry .Dunn, Dr. Rolph and yourself sworn into otiice as Executive Councillors? On Saturday tho 20th February last. 2. Was the Lieutenant Governors note to you, a copy of which you appended to your letter to Mr. Perry of the I6th of March last, received by you previous to your being sworn in? It was not. 3. When was it rtceived? At ten o'clock in the evening of the day on which we were sworn in — but I was given to understand that an accidental circumstance had occasioned its not haying been delivered at an earlier period on the same day. 4. la it such a note as you had reason to expectfrora the con- ference, mentioued by you in your letter to Mr. Ferry, in which it waa settled to be written 1 I conceive not. I cannot pretend to recol- lect tho exact terms of the draft written by His Excellency on that occasion and 'hen read to us, but I do not hesitate to say that it mate- rially dilforcd from the note I afterwards received. Dr. Rolph hap- pened to be with me at the time I received the note, and I at once expressed my entire dissatisfaction with its contents, and proposed taking it back to the Lieutenant Governor and refusing to receive it. I was however pert.uaded by Dr. Rolph and IMr. Dunn, whom 1 called to see upon 'he subject, on the Monday after, that, as it could not be ihat i!i3 Excellenc" intended any thing disengenuous by u'*, and as the public would, no uoubt, put a liberal construction upon the letter, it was better, more particularly as we had been actually SN',ornin,to let it puss without further difficulty. I must how- ever add that when the draft was read over to ua by His Excellency, as he did not stcr. quite L^atisfiod with the wording, it was understood that he was at liberty to alter its phraseoloiry; retaining, of course, its spirit and substancp; aud 1 certainly attributed the difference ba- iweeii (he draft read to us and the note which I afterwards received, entirely to His luxcelleney's being unable frnm his want of pra';ticid flcquaintaneu tvl h Political life, ful'j to comprehend the difficulties which I fell jn yichlin)^ to his request to join his Council, and not to the slightest (h sue on his part to deviate from the spirit of the un- derstanding. Such was certaiuly my impression at the time, but had I sufipused it ponNihle that such application of the unexpected terms in wliicli His E.'(( eJleiicy's note was couched, as is now attri- biitsd to His Excellency, could have been intended, I should cer- tainly have returned the note, and insisted on such a one as I had icason to expect, or, if this had been refused, have resigned on that ground alone. 5 In what respect rjo yoia conceive tho draft read to you and the note, altorwards sent, to differ? The draft was more ex- plicit as the unfcrff ed terms upon which I took cirice, and although i could I'.t say it contained no declaration of the confidence His Excellency would placo in our advice when "required," it was by no means the prominent feature in the draft; and I can safely siay could only have been understood boih by myself and my col- leaguiy merely as a general expression »f confidence, and not as a limiiatioii of the duties expected of us; and 1 feel convinced that 10 74 Al'l'ENDlX. Wm Excclleiic)! could have used it for no oihci- |;iu|)ose, because he hail no reason to suppose tlu\t we could have understood it in any other — and to imagine tho contrary would ba to attribute to His Excellency that ho made use of terms to us to which he applied one sense at a time tliat lio knew us to rertive them in another, without explaining the sense in which ho mtcndcd them to be under- stood. G. It appears from His Excellency's answer to he adoress of the House of Assembly of the 2(itl) March, that the note which ho wrote to you, of which tlie following is an extract: "I sluiU rely on •' your giving mo your unbiassed opinion on all subjects respect- " ing which 1 may feel it advisable to require it," was written during the negotiation between His I]xcellency and the Council previously to their taking office — and, in fact, was part of tho urgotiation, and implies that it contained the conditions of their taking office, and that they took ofTicc after the communication of that ii'>te, is that the case, and is that tho true iiiftrenco according to your under- standing .' For tho facts 1 relur to my previous answers, and my letter to Mr. Perry of tho luth ultimo, aud as to the inference it is of course a matter of opinion ; but I eatiiiot for my own part suggest any construction of thu passage rtferrcd to, consistent with those facts. 7. Were any Rteps taken having a tendency to guard against the (Uvulgoment of tho proceedings in Council upon this matter'.' Tho oath of office was administtired to the under Clerks in the Council Office, it having been ascertained on inquiry, thai they had not pre- viously been sworn to secrecy. a. It has been alleged that His Excellency, in his reply to the city corporation, intended to be understood ns referring to the late Council, when he represented that the new theory, respecting the powers of the Executive Council "had been secretly promulgated," is such a charge warranted by tho fact? As faraa regards myself, I distinctly assert that it is not the fact, and I have no doubt that it is not the fact as respects ony of my former colleagues. Db. ROLPH called in and examined. 1. On what day were tho late Executive Council, of which you were a member, sworn in ? On the 20th of February hi:!. 2. Have you any knowledge of a letter addressed by His Ex- cellency to Mr. Hobert Baldwin, relative to the terms on which you and your colleagues took office, if so, state what you know ? I was present with IMr. Robert Jlaldwin, and the Honorable Mr. Dunn, on the nineteenth day of February last, at the Covurnment House, when Mr. Robert Baldwin informed His Excellency that we were desirous, before joining the Executive Council, to receive a written assurance from His Excellency, of the unfettered terms upon which wo entered into office, lest it should be su])poscd by the public that m doing so we had conipromised the principles which wo hiive here- tofore avowed und acted on. To this suggestion His Excellency ac ceded and drafted a note to that effect, adding that as the phrascolo gy might be improved, he would without delay piepare and iransnin it to Mr. Baldwin, who would send to|iics to me and Mr Dunn. 'I Am»EM)1X. ir, iC, because stonil it in attribute to lie applied 111 aiiutiter, o be under- dress of the ch he wrolu hall rely ou 3Ct9 respect- ittou during 11 previously otiation, ami g office, and untc, is that your under- vers, and my rence it is ol part suggest t with those d against the nalter'! Tho the Council had not pre- reply to the ig to tlie late especting the omulgated," ds myself, I bt that it 13 ell, of which ryl.-. by His Ex- on which you inowl I was yir. DuntJ, on Miont House, tlittt we wtre civc a written 9 upon which niblic that mi vo h:ive hcre- xcclleucy ac he phrascolo and transunt d Mr DuPD, We wereswor:) iiitn oflico ia tlic afternoon of th" rollouiiiiJ dn^, and I hoard nothinp; more of this letter (except fbo uneasiness of Mr Baldwin at nothavina; rereivetl ii) until fen o'clock at rii^lit, when ] was in compimy with Mr. I'aldwin and the Ipffer was received. Upon reidinsf it Mr. I>:iMwin inimodintcly noticed, as I did my;;olf, theunoxpecud change, not only in tbn ian^uai.^e Imt in tho subscince of the letler, and Mr. liiildwin wonld have returned it had I not ex- pressed my reluctance to question tho ingenuousness of the Licuten- ■ nt Governor, and enter upon a disc.'^y to Mr. l^ddwin for tho iidbrmation ol himself and his cnlioaijncs the terms upi;'i which His Excellency would accept f>nr services, and that after the receipt of that letter wo wont into oflice on those terms antl theri disputed them ; Imt such, certainly, was not the cas.^. 'I'Ik- letter in question was wlio'ly independent of tiic negofialion, and not even mentioned 'till it was .so far conelmled th:if we waited on His Excel leucy onthe lOtli merely to receive a niore form-.d and united invita- tion into His Council. VVeilid then receive siuh an invitation, and the object of the leiter was tlieu snggcstiMl by Mr. Ualdwin. ami tue- mised by His I'lxcclleiH y, for tho simple [)urpi)se of cnabimix Mr. l^aldwin nod his colleagues to nqiel any presutnplion of abandoit- lug their principle* on taking fiftice. 4. Were any steps taken havine a tendency to jinaril against tlic divulgenient of the proceedings in (Uinneil upon t!iis matter .' The junior (Klerks •. ''e sworn to secreev. as it had not before been done. a. It has liren allc^red that Hi's lixceljency in his reply tr> flu* ftity corporation, intended to be understood as nderring to the l;i'e Council, when he represented that the new theory respecting th" j)ower9of the Executive Council "had been secretly proniuln;(ife(i,"" is such .\ chaiire warrantetl by the fart ' It is wholly unfounded as re- ,';ards mvscll -. and every thing whir*' pa -sed bi^tween me and oihei members (il the Council sa'isfieQ in- that it is equnlly unfounded js respects them. 7G Appendix. h u COPY. To Jlis Eir.dhncy Sir Francis lioiid Head, Knight Comman- der of the llot/al Hanoverian Guclphic Order, and of the Prussian Military Order of Merit, Lieutenant Governor of the Province nf Upper Canada, 6fc. S^c. Sfc. Mat it PLKASF. YOUH ExCELIiF.NCT. We, ilio undersigned Grand Jurors, representing the Home District at the Spring Assizes now holding, respectluily beg to assure Your Excellency that the hberal policy designed to be pursued and the paternal soUcitude manifested by His Majesty's Government to- wards this Province as communicated to the Legislature soon after your arrival here, have been hailed by us as the harbingers of our prosperity and happiness. We grea.ly regret that a systsm of pohtical excitement hath of late years been organized in this Province, engendering bitter animosi- ties in the breasts of those whosa welfare and hap[)iness imperiously require that they should dwell together in amity ; and producing party feuds, too frequently ending in breaches of the peace. We are well aware, that the prevalence of this system has already j)roduced results unfavorable to the dcvclopement of our internal re- sources, and to the introduction among us of the redundant wealth & population of Great IJritain ; but the recent expressions of confidence in Your Excellency's administration, which we have hciud and in which we cordially^conciir, lead us to hope that the peoi)lo will not long retiiain blinded to their own interest ; but will be convinced that the luost ctrcctiial modii of serving themselves, consists in upholding the Constitution, and directing their attention to the improvement of the land we live in : rather than to the consideration of abstract ques- tions of government, and of theoretical changes in our constitution ; changes, in which very niany well-educated members of the commu- nity, discover no elements of good ; but discern, on the contrary, the seeds of discord and confusion, producing in due season, the dis- memberment of this colony from the parent state, and the establ-sh- ment therein, of democraiic institutions, uncongenial to the habits and sentiments of its British population. We would have felt a difTiculty, particularly as our especial duty is of a judical character only, in thus expressing our opinions to your Excellency, wimo wd not confident, that they are participated in by a Iii^mernus boily of the freeholders in the district we represent. J. S. Macau E. Moodic. W m. CrookshanU, Andrew IMercer, (J. W. Thomson, Francis J?oyd, John Ellah, Silas Burnham, Thos. I). Harris, A true copy. ay. Foreman, Alex Burnside, Thomas Cooper, Wm. Campbell, W. Lniighton, U I. E or Dociiinciit<§ forming- Appendix TO REP O R T. *fifiM00^* HeprMCntntinn of Kx, Conn- to I.l. fiovernor, 4ili "Hnrcli, IPM Rfjily ihcieio. 6ih do. Rohfrl Bnldwih (I.pitPr) to Pelir Perry, Itiili ilu. wlih coplei nnnerod fr«ni I.l. Ooverner, lo Kottci't Bflldwiii, llltli Fpl>riiar.v, IKKi, luid lflltei-*s rpceipt tlif rpof, 20lh 1- cltrimry, !83rt. -Address (Vom CfminK ii Council to Ll. C<>\cn)oi- nud His Esceileiicy'j reply tht'rcto -Addrcs!! rroni riil'lic nk-etiitg, Teroato, Sfitli or Martb, mat), and Mia Excelleuey's reply. •"Tlie Kilig'i InlniLlions." ■Oath taken by Kx. Conn. ,— Address lioui H, of Atscnibly lo the Kiug on tlie subject of I.. Coun. and a reiponslble Cov. l"!!!! April, ISW. Address from H- of Assembly 'o 'I" '»i"? ngn.nst interferenre witb nur loral nlTalrs, 3rd Murcli, I?»l> -Address of II. of Assembl'- • J l.t. Governor on "idijert of an ajreemcut bctweta new Councillors, ai V< seniority inceilnln ev .nnd His K.vcellency's reply tlierelo -Kvidcnce given beiore Sebirt Commitiee ol' II. of Assembly, by R. B. Sullivan, Esij., 2fth March, 183(1, Hon. Augustus Baldwin, I lib April, IKIU. -.Vddress H of Assenibly to Lt tinveruor on the fubjort of resignation of Ex. Conn. Mlb March, 18*1, and His ExcclUne.v's reply tlierelo. -Address of Assembly to Lieutenant Governor to remove the new Ex. Toun. from ofljie, and His Kxccllen- cy's replv thereto, ninrcli, lH3f.. -Schedule of lair i iidownienti of Parsoiiiifies and Herlories in this Province, Bih February, 1835, and Ap- pendix of surrenders of bind by Cleigymen, &c. ind iif l.iniis given in lieu. -Letter from J. Joseph, Private Secretary, to Pcler Perry, Ksq., on fnbject of R(iiolndcr from ciliiens, '1th April, 1i<:M. Rejoinder from titiieiis of Tniiinto toihe reply of I.t. Governor— (Pee F.)— to llieir address ofatth March' -Letter from Koberl liiildwin Efi|. to Peter Perry Es(|. relative to His Excellency's reiiiarkj lu the CIt y Corporation, Ulb April, I.'f3fi, and evidence of liobert Baldwin, Esi|. and Hr. Uolph. ■Address from the tirnnd Jur> to I.t Governor, and His K.vcellency's reply. i i ■V > TO THE KiyO'S MOST EXCEL ENT MAJESTY. Most Gracious Sovireign. We, your Majesty's dutiful nnd loyal Bubjects, the Coinmons of Upper Canada in Provincial Parliament asgambled, humbly ap- proach your Majesty with our renewed assurances of Loyalty and at- tachment to your Majesty's Person and Government. Ii is with pain we acknowledge bow selcton« it is we have to address your RLijesty in th« unmixed language of gratitude and thankfulness, and we have noticed the difficulties at this distance from your Majesty's immediate care, which attend the fulfilment of tlio most benevolent intentions. We have now to pray your Majesty's patient and impartial attention to the history of our complaint against a sudden, abrupt and most in- gracious denial by his Excelency of thoso indispensable, constituti- onal principles in our local government, the just preservation of which is, above all things, calculatcci to endear your Majesty to your Can- adian people, and to strengthen the bond of union between this loyal and valuable portion of your Empire and the parent state. The Re- port of a Select Committee of your Majesty's faithful Canadian Com- mons which has, after mature consideration, been adopted by this House (and accompanies this address) will amply inform your Ma- jesty upon all particulars ; and we regret it should necessarily contain disclosures to your Majesty equally injurious to the interests and con- fidence of the people, and to the character of the Royal station in the Province. Under feelings of solicitude lest your Majesty's royal ear should be prepossessed against us by those who have easier and secret access to your Majesty and your Majesty's Ministers, we have prayed the aid of your Majesty's Imperial House of Commons, as will appear from the accompanying copy of our Memorial, in the hope that they will aid your Majesty in extending to us speedy and effcclual measures for the redress of our wrongs, and for the maintenance of tbe honor and dignity of the Crown. MARSHALL S. BIDWELL, Commons House of Asscmbfi/ , \ Speaker. ISth April, 1836. ] MEMORIAL TO THE HOUSE OF COMMONS. To the Honorable the Knights, Citizens, and Burgesses of the Uni- ted Kingdom of Great Britain and Ireland, in Parliament assembled : — May it pUiiso Vonr Honorable liousc. We, His Majesty's dutiful an4 loyal suljects, the Commons of Upper Canada in Provincial Parliament assembled, after unavailing struggles for a series of years to obtain such an adminiitration of our local affairs as would secure to the people of this Province, possess- ing " the very image and transcript of the British Constitution," the blessings of good government, are at length driven to appeal to the wisdom, justice, and magnanimity of your Honorable House, in the hope that your powerful intercession with His Majesty may yet re- deem us from a condition every day beconung more ruinous and alarming. We are not unacquainted with the overwhelming influitncc of station and weight of authority which will be brought to bear a- gainst our exertions to procure redress; and without the interposition of your Honoraljle House we entertain a fear, grounded on the expe- rience of the past, that His Majesty's ear will be so abused by secret despatches and personal detractions as almost to set at defiance the best directed intentions of His Majesty to arrive at tho truth. And we desire to add, as a further difficulty, an inveterate disposition to adhere to what is called the Colonial system, under which our present condition has been produced, instead of accommodating it. as both wisdom and justice require, to the changing state and increasing wealth and population of the country. ■: sera. been al Audit, { seldom It app Your 1 candid pcsed 13 week from il Icncy S pray in? subiniti discrcti buse th ded to rioustly every a late Co followe persons In th made to njuletlu STY. s Commons lumbly ap- alty and at- is with pnin f Majesty in \m\ we have I immediate intentions, ial attention nd most in- constituti- ion of which » your Can- ;n this loyal . The Ue- ladian Com- pted by this m your Ma- arily contain ists and con- tation in the y's royal ear r and secret have prayed i will appear pe tViat they lal measures ( tlie honor Speaker. PNS. of the Uni- isemblcd : — Commons unavailing alien of our e, possess- tution," the peal to the ouse, in the nay yet re- uinous and ng influ«ucc It to bear a- nterposition n the exj)e- d by secret defiance the truth. And isposition to 1 our present g it, as both d increasing s a In unswer to the address of this House to His Most Gracious Ma- jesty, in the late session upon the subject of our grievances, we recei- ved as our new Lieutenant Ouvernor, His present Excellency Sir Francis Bond Head, who by message communicated to the House the instructions he had received from His Majesty's GovernnieiU for his guidance. But these instructions leave us under the same un- satisfactory and injurious system that has hitherto prevailed, — and we practically feel that the institutions of the country arc so directed, their operations so abridjied, and public functionaries so protected in misgovernment by their distance from their superiors, as to render illusive and abortive tho most promising schemes framed in England far our amelioration. Upon the arrival ofbSir Francis B. Head to represent ilis Most Gracious Majesty among the constitutional autho- rities of the Province, wo were (ii.spused to entertain (he hap[)iest ex- j)octalions — and when hid Excellency from tho Throne invited us to render Iiim "that loyal, constitutional, unbiassed and fearless assii^t- ance which your King expects, and which the rising interests of your country require;" and when wc saw ouroften rej)eated dissatisfaction with tho Executive Council removed, and tht highest public conti- deuce secured by the addition of the Honorable John Henry Dunn, Robert Baldwin and John Rolph, Esquires, we fully believed that wc were Bbout to enjoy under His EACcllciicy, the full benefit of our charter, by a wise, impailiiil and conslittitional administration of our adairs. The reign of universal thauLfnlncss and tranquility under this change of things, was, we lament to state, of short duration. The Country had always supposed that tiie Executive Council o( the Province from tirue to time appointed by His Majesty, under the 31st Geo. 3rd, chap. 31, to advise His Majesty and his flcprescnta- tives upon the all'airs of the Province, actually discharged the impor- tant duties assigned to them by the constitution; in consequence whereof all public odium of the mismanaguMient of our alVairs has been heretofore visited on tho Executive Council, while every Jiieii- tenant Governor has been acquitted ujion the presumption of his be- ing, as pleaded to us by Sir F. B. Bead " a siranger lately arrived among us," and therefore uninteitiotially msled by corrupt advi- sers. But it has now come to ligiit that the Executive Council have been almost hunted in their duties to a Land Doard an(' Board of Audit, while the affairs of the Provincf^, so unsatisfactorily managed, seldom passed undor their review or we:e submitted for their advice. It appears from the appendix to this mcmoiial to which wo refer Your Honorable House, and to which wo earnestly pray a paiieuf candid and impartial regard, that the \n'e Executive Council com- pesed of the old Council with the afuresaiil additions, after leniiiiiiiig 3 weeks in ofTice under the old but concealed system of withholding from iheir advice the affairs of the province, addressed to His Excel- lency SirF. B. Head the conlidentiai representation hereto annexed, pray inj} either that the afl'aiis of the Province might be systeujatically submitted for their advice, preparatory to his E.scelleney's final and discretionary action thereon, or that thoy miglit be allowed to disa- buse the public respecting the nature and extent of tht duties confi- ded to tiiem. And the need of this request must have been inju- riously felt, fVom the fact notorious to us, and to the country, that every act of His Excellency's aduiiuislration proved eiiinT that the late Council had betrayed public confidence or that His Exctllcney followed the advice of other uncertain, unsworn and irrespDusiblo persons, neither possessing nor onliilsd to political confidence. Ill the above constitution;i!. just and reasonable representation made to his Excellency inoflicial confidence under oath, his Excellency nude the reply also nniionvledherct'.', and coucludoi, after denyinij the i ♦ th 'M It - ' n. [| I Constilutioiiul origin and duties uf the Couii.,il, Hithtbo aHiiurancc tu his Ouunci), "that hia estuDiition i>t rb-.'ir (alenta &:, integrity, at well "as his personal regard fur them, reiuiiiu uii»h;iUen, miJ iliHt be is " not insensible of the difl'iculties fO wiiicb he will be exposed, should " tbisy deem it necessary to leave biin. At the 8fiine time shouli! they " be of opinion (hat the oath they hnve taken rpqiiires them to retire •' from his confidence, rathit th;in from the principles they have avow- '* ed, he bngs that on his account they will not fur a moment hesitate " to do so." Under these circumstances the Council feeling themselves under the alternative of abr:idutiing cither their priRciplus or their place, honorably chose the latter. The aforesaid representation sod reply, His Excellency's answer to us accompanying the same, and various other popular explanations given by His Excellency to the public, withlha public proceedings on the same, together witL various other docuinenls connected withi the subject, and tho adopted report of a Select Committee thereon, nil are appendev! hereto, for the more full iiifurmutlon, of your Honorable House, and the more ample commu- nication of our wants and views. It is With pain, disappointment and humilialion, wo notice the reiter- ated declaration of Hig Excellency to conduct our affairs, without the advice of Iho Ejcocutivo Council, nccording to his own will and pleasure, which his public ucls have already proved to bo arbitrary and vindictive. — And tliis view of his own solo niiniiitorial power and authority with a no. tninul responsibilits to Downing Street, ho has sustuined boforo the publia by niisstutcmonts and niisr ^-'resentations so palpably opposed to candour and truth, as ta destroy all hopes of further justice from his Government; tt'l whic'i is more fully set forth in the docnniouts appended hsrcto. — Si.ico the rcsignUion of Ihs lato Council, His Excelloncy has formed an- other, compocod of Robert Baldwin Sullivan, Esquire, and the Honorables William Allan, Aujjiistus Daldwin and John Elmsley ; noithor enjoying nor entitled to the political coiifidenco of the People or their Rcpresenta- tivos. Upon the formation ot this ccuncil, although U. B. Sullivan, Esq. was sworn in and appeared to the public as senior councillor, upon whom, in the event of the doatb or ubscnco of His Excellency, might dcvMve the adminiMtrution of the G 'vornmoiil, yet a secret agreement whs entered ii ■■, written in tlio Council Ciiamuurby His Excnllancy himself, by which w,.» to bo defeated the apparent succosion of ths senior councillor to th» ad- niinistrotion of tlin GovcrnnieMt. This urrungement was denied by His Excelleiioy to us in bis answer to our address on the subject ; while on the other hand tho facts so denied are proved Wy thu testimony of K. B. Sulli. van, \Uq iud the HaiioruhlG Cai)taiM Baldwin, both of whom are still ro- taineil by Ula Excellency in ilis council. For ether instances of his devi- ation from candour and truth, ns well an of his utter unkcquaintance with tho nature of our Constifulion and Ibg aiode in which it shculd be admin- istered, we refer to tho nppendod docuraonls, v>'borein are n!so detailed other (rricvancos of an urgsnt and s-irioua nature ; to oil of wbioh we hum- bly pray the seriouE, speedy and impartial atlentiou of your Honourable House Being denied tho beneficial and constitutional operation of our local institutions for the management of our local afiairs ;b«ing threatened with the exercise of tho unadvised, arbitrarv government of Hiw E.koeUeu- cy, virtually irresponsible, and bemg satisfied that not untf but an opjn, entire and honoruble abandoniuont of this policy, equallyjunconf titutional and perniciout', will ever jcbtois. our peace, welfare and goo.-l fffVtirnmont ; wo have, in justice to lbs peopla, whose civil and religiou' intcro.-ts we are solemnly bound icarlcssly to vindicate, been (iLli;,ed as a last resort, to fciop (most reluctantly) the Supplier, and for tho attainment of redress in these and other matters contiiined in the appended Report, we pray the aid of your Honorable Hcuho. And as by iMclination and by duty we are led and bound to do, we shall ever pray. MARSHALL S. BIDWELL, Loi.unons House of Asacmbli/, i Speaker. 18th April, 1836. } dS^UCdDCC to rity, at well J uiHt be 18 oscd, should I should they tein to retire y have avow- iient hesitate selves under their place, )u »n(] reply, , Riid various I the public, various other d report of a the more full uple comiuu- tico the reiter- , without the 1 and pleasure, i vindictive. — ity w ilh a no. foro the puMia ed to candour Govorument ; nded h«rcto. — lias formed an- he Honorables ithor enjoying lir Rcpresento. Sullivan, Esq. r, upon v?honi, ;ht devolve the 18 entered ii >, by which w uS Uor to th» aU- denied by His ; while on the of R. B. Sulli. oni are still re- (es of his devi- uttintance with culd be adniin- } also detailed which we hum- ur Honourable eiation of our ning threatened f Hiw Ejtoelleu- j hat sn opsn, ncoiif titutional ;'. pff'vornment ; [" intcro^ts we alabt resort, to it of rodress in t, we pray the ound to do, wo DWELL, Speaker.