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C.-^---^^-,' LOWER-CANADA, SIR GORDON DRUMMOND9 SIR JOHN COAPE SHERBROOKE, niK X.ATK DUKE OF RICHMOND, .. JAM£S MONK, Esqvibe, SIR PEREGRINE MAITLAND -, CONTINUED From the 3d April, 1815, until the 18th Jvne, 1880. 'k FJRINTMD AT TtfE NEW PMISTTMSO-OPFICE, M ii. f: H e: U 't'^Jihi¥jmi*jO :iHT •iq./io: 11 A Hsrr iv(i A.^A- > -^1/1 /f O. ^ .ai^oiiT^^: .**ia i^orwoo ^ir i :i^v;v,i.;i;i;^ii'^ :'i*=f/^OD ^.noi^ii^ 37/.t :!«? Q/luMNaM'^O ^JH'Rf ^:xit:c«f:i ./i/Kju-kmnx ■viVi>^ 4 ..Gi^/. iTiAi?^ ?iVi:iuin::H ni <^?8i <9il^l ihwi adi iiJii.;! v. ' Mr - '^tfj !;iot'' |^«M9>f ' t. 4.. \n Ui Fc: » v J '•I «/ IT cipa the seqi oftl Nai the J the raci mils bef NOTICE. HE foHowing sheets, containing a relation of the prin- cipal occurrences through five successive administrations of the government of Lower-Canada, are intended as the sequel to a small publication, in 1818, printed in this city, [of the administrations of Sir James Henry Cuaig and Sir George Prevost, comprehending the Military and Naval operations in the Canadas, during the late war with the United States of America. The Author, as on the former publication, again solicits ^ the indulgence of the reader for the omissions and inaccu- i? racies that may be observed in these pages, which he sub- mits to the public in the humble hope that they may not be found uninteresting. R. C. Quebecy 10th December, 183Q. 1 fof Si those that mighi Th the ai this 8] prefei lices. ||etw( ■prun Sela tlieir < % Th y u thoi lunec ilwas 4 165 ADMINISTRATION OF SIR GORDON DRUMMOND. CHAPTER IX. IEUTENANT-General Sir Gordon Drummond had served in the Canadas during the administration )f Sir James Heni-y Craig, and from his intercourse with l^those who were thought to have been in the confidence of that Governor, apprehensions were entertained that he might have imbibed the prejudices of his reign. The only occurrence, however, of any moment, to which the attention of the reader may be turned in the course of this short administration, is the result of the impeachments |>referred by the House of Assembly against the Chief Jus- ices. The articles of complaint had been transmitted to ^ngland by Sir George Prevost. The misunderstanding itween the Legislative Council and Assembly, which Iprung from these measures, as already noticed, deprived yxe latter of the means of deputing an agent to prosecute tbeir complaints in England. J The Legislative Council denied the right of the Assem- Sy to impeach, unless with their concurrence, * and, though tnis doctrine could not be constitutionally main- tiuned, yet, as the colonial laws were silent on the subject, it, was apprehended that sufficient influence might be exert- ed * See Appendix, letter ^ A3 1815, \Wi 166 Administration op Chap, ed at homp, to discountenance this new pretension of the IX. Assembly, which if acceded to, would establish a serious, \^Fv^^ thou«;h salutary, restraint upon the conduct of public men, J8I3, and few gentlemen of the former body, at the period to which we allude, could be considered as personally disin- terested in this respect. The inability of the Assembly, from this circumstance, to urge their pretensions by means of an agent, gave cause to expect that in the absence of a person properly autho- rized for that purpose, the impeachments would be over- looked as a concern of little inij)ovtance. 7\.s, however, one of the gentlemen implicated had proceeded to England for the purpose of repelling the accusaticms brought against him, there was some prospect that the government at liome would, were it only in justice to these gentlemen, admit the principle, in order to enable them, after a full and im- partial discussion, to justify their conduct. The decision of this preliminaiy question, on which a difference subsisted between the two branches of the colo- nial Legislature, seemed indispensable, before any inquiry could properly be instituted, as well from the novelty of the question itself, as to enable the Assembly to appoint an agent ; a measure, from which, the Legislative Council after the admission of such a principle on the part of the British Government, could not plausibly withhold its consent. It was not until after the lapse of a twelve month from the transmission of the impeachments to England, and soon Impeach, after the recall and arrival of Sir George Prevost in Britain, Chief Jtuiices '^"^^ *^"y ^erious attention appears to have been bestowed dismiisfd. upon them by the Government. On the 29th June, 1815, a report from a committee of the Lords of His Majesty's most honourable Privy Council, dated the 24th of the same month, pursuant to a reference concerning the impeach- ments, was read and confirmed in Council by His Royal Highness the Prince Regent. Those charges against the Chief Justices, which related to the Rules of ri'actice in their respective courts, were alone taken into consideration; and it was by an order in Council, declared that these rules were made under authority of the Legislative ordinances and laws of the Province, and consequently that neither of the Chief Justices, nor the courts in which they respectively presided, }■ Wl] Ja • dei nol a c( self 1 bee, pan a pa wyn Lon T in w agei woul fiatisi contd taker fluesi •Oove . Tl f'ebr ilis J^as i| IJiiss file o| the IP th SUpp^ '«(/ Tl 4!Pmp| lilessc KouBJ 1^ th( Sir Gordun Drummond. 167 iion of the ii a serioua, )ublic men, ; period to nally disin- rcumstance, , gave cause perly antho- dd be over- jowever, one England for light against nent at liome !men, admit , full and ira- on which a s of the colo- re any inquiry novelty of the o appoint an , Council after of the British ts consent. ve month from ;land, and soon vost in Britain, been bestowed th June, 1815, His Majesty's 4th of the same »g the impeach- %y His Ro^al ges against the of Practice in , consideration; that these rules itive ordinances y that neither of hey respectively presided, presided, liad exceeded their jurisdiction, nor been guilty Chap. of any assumption of Legislative power. IX. The charges against the Chief Justice of the Province, 1815, which reiatctl to advice alleged to liave been given to Sir James Henry Ciaig, were altogether excluded from consi« deratioo, inasnaun as an enquiry on thai subject could not be instituted without an admission of the principle that a colonial guvernor, at his own discretion, might divest him- self of all responsibility on points of political government* The dismissal of the complaints was published at Que- bec, late in November, by the circulation of a printed pamphlet, containing a copy of the order in Council, with a piirtial correspondence between Lords Ballmrst and Chet- wynd, and the Chief Justice of Lower-Canada, then in I London.* This sudden and extraordinary termination of an affair in which ihe Province had taken a lively interest, created a general sensation, and it was surmised that the Assembly would not consider any acquittal of the Chief Justices as satisfactory, until heard in support of the complaints. Others contended that the decision of the Prince Regent must be -taken by the A&sembly as definitive, and that to call it in question would amount to a hi^h contempt of the Imperial iGovernraent, and royal authority. , The Legislature met on the 26th January. On the 2d 1816. February, the Administrator in Chief sent a message by his Civil Secretary, to the House of Assembly, which Hki'as read at the bar, acquainting that body with the dis- taiissal of their comnlaints against the Chief Justices, and jiie opinion of the Prince Regent relative to the conduct of |he Assembly in impeaching these persons, little flattering «|p the members, who had, in the preceding Parliament, supported the impeachments.t itt 3 The Assembly, indignant at the manner in which their 4|Qmplaints had been disposed of, immediately after the ppssenger had retired from their bar, ordered a call of the House ibr the 14ih of the same month. The message was 1^ the same lime referred to a committee of the whole, and „: it * See Appendix, F. + See Appendix, G. f 16B Administration op' 1816. it was unanimously resolved that the House would, on the fourteenth, form itseU' into a general committee to con- sider of the matter. The subject was on the fourteenth referred to the consi- deration of a special committee of seven members, to whom two others were afterwards added, with directions to report their opinion on the most expedient manner of proce6ding on the same. On the twenty-third this committee report- ed to the house, that having maturely deliberated upon the order of reference, they were of opinion that the matters disclosed in his Excellency's message would render neces- sary an humble representation and petition to his Royal Highness the Prince Regent, and that the great importance of the matters involved in the said message, made it advi" sable that the wisdom of the house should be consulted, and its sense taken preparatory to such representation and petition. On the twenty-fourth,the Assembly accordingly came to Resolutions some resolutions on the subject. By these were expressed, "Ill^^J})'"^*^"^ a sense of the public duty under which the House had act- thedhmis.^aiof ed in impeaclung the Chiet Justices; its opinion ot the ment""'*"'*^''" ^^S^^ of the commons of Lower-Canada to be heard, and of having an opportunity of adducing evidence in support of their charges ; the causes which had prevented them from maintaining those charges ; their desire of having an op* portunity so to do ; and finally, that an humble represen- tation and petition, on behalf of the commons of Lower Canada, to his Royal Highness the Prince Regent be pre- pared, appealing to the justice of his Majesty's Govern- In ment, and praying that an opportunity might be afforded tiotifi^ to his Majesty's most dutiful commons of LoWer-Canada, prool to be,heard upon, and to maintain their complaints.* A "nd special committee was then appointed, for preparing an ^vinl humble representation and petition, in conformity with the ^^^rel last of these resolutions. nlstr Wilsc Whether Sir Gordon Drummond was impelled by his instructions from home, to resort to a dissolution in the Thi event that the Assembly should resume this subject, or P^^'-Q whether he spontaneously exercised tiie prerogative on the "t^^d occasion, we cannot with certainty assert. On the twenty- See Appendix, H. Sixth, i +TJi/ Sir Gordon Drummond. 169 )uld, on the tee to con- uo the conBi- ji's, to whom ma to report [' proceeding littee report- ted upon the the matters render neces- lo his Royal It importance lade it advi- be consulted, sentation and iingly came to ere expressed, louse had act- opinion of the heard, and of i in support of ted them from having an op* mble represen- lons of Lower Regent be pre- esty's Govern- rbt be afforded LiOMfer-Canada, implaints.* A r preparing an ormity with the npelled by his 39olution in the .his subject, or irogative on the On the twenty- sixtlif sixth, before any of the measures which had been resolved were brought to maturity, his arrival at the Council cliam- ber was announced by a discharge of artillery. The As- sembly being summoned to attend, he, in a very short speech, expressed his regret that they should have allowed any consideration to overbear the respect due to the decision of his Royal Highness the Prince Regent ; and announced his determination to prorogue the present Parliament, and to recur to the sense of the people by an immediate disso- lution. Several subjects of the utmost importance were before tlie Assembly in this Session, but no more than a single Act* received the royal sanction. The expediency of having an agent in England to ottend to the interests of the Province, vrhenever it might be requisite, was again considered ; but the dissolution prevented a perseverance in the measure. The Assembly, m pursuance of a resolution made in the last Session, passed a bill ^' to appropriate a sum of money therein mentioned, to the purchase of a service of plate to be presented to Sir George Prevost, late Governor m Chief of the Province, as a mark of respect for his character, and of gratitude for the services which he had rendered to the Province."+ This bill being sent up for the concurrence of •' the Legislative Council, was rejected by that body. The elections for the new Assembly took place in the month of March, and few alterations in the representation were made throughout the Province. In the meantime, the Administrator in Chief received "tiotification of the appointment of Sir John Coape Sher- l)rooke to the chief command in British North America ; mnd on the twenty-first day of May he sailed for England, liaving on the day of his departure received a vale<«ctory address from the citizens of Quebec. The temporary ad mi- llistration of the government devolved upon Major-ueneral Wilson, until the arrival of Sir John Coape Sherbrooke. The merit of Sir Gordon Drummond, in defending Up- per-Canada against a greatly superior force of the enemy, stands already recorded, and justly entitles him to an ex- alted * An Act to regulate the trial of controverted elections, &c, I i The HUm appropriated by the bill was jt'5000. R CftAP. IX. 1816. Assembly dis> solved. Sir Gordon DruDimnnd re- tires from (he Goverumeni. Chap. IX. 1816. iro AdiMinistration of, &c. alted station among the soldiera of his country. The shortness and untoward circumstances which accidentally intervened during his reign in Lower-Canada, place his civil adniiniatratiun in a less favoumble light than might reasonably have been expected, under less perplexing occurrences, from a person of his acknowledged worth. His popularity somewhat abated atlcr he had dissolve I the Assembly, and this indeed, is the only exception of any note, started against his adminisimtiun. On exuinii\ing the pretensions of the Assembly, thoy will be found compa- tible with the freedom of the constitution, and one can scarcely avoid thinking that a compromise might have been made without recurring to a dissolution. On the merits of the impeachments themselves we hazard nothing, but as they professed to be the grievances and complaints of an entire Province acting by its representatives, it seems but reasonable that a hearing should have been granted, and the subject maturely discussed in the presence of all the parties concerned, or of their accreditea agents. The Le- gislative Council having denied the right of the Assembly to impeach, had therefore refused its assent to a money appropriation for the mission of an a^ent to England on behalf of the commons of Lower-Canada. The government at home could not have been unacquainted with the con- troversy which existed on this subject between these two branches of the colonial Legislature, and might, therefore, easily have accounted for the absence of a colonial agent to urge the pretensions of the Assembly . Had a preliminary decision on the right asserted by that body, of impeaching persons in office, suspected of high crimes and misdemea- nors, been pronounced, and a subsequent hearing of all parties been gmnted, after a reasonable delay and notifica- tion to that effect, whatever might have been the result, the government by this course of procedure would have afforded a valuable instance of its disposition to attend to the real or imaginary grievances of the colony, which, in such a case, could not be otherwise than satisfied with the j ustice of the former. :i the ject, the A Mon ry. The :cidentaU;r , place his ban mip;ht perplexing worth. His isolvel ihe .ion of any exainiixing and ci)inpa- id oho can \i havi' l)een he merits of ling, hut as alaints of an it seems hut rranted, and ce of all the ta. TheLe- ,he Assembly to a money | I England on ''. e government with the con- ;en these two rht, therefore, colonial agent a preliminary jf impeaching nd misdemea- bearing of all and notifica- -n the result, •e would have in to attend to iny, which, in isfied with the 171 ADMINISTRATION OF SIR JOHN COAPE SHERBROOKE. CHAPTER X. SIR John Coape Sherbrooke arrived et Quebec, on Chap. the 12th July, 1816, from Halifax, Nova-Scolia, where X. bis administration had given universal satisfaction. This n^'v^*' officer, from bis residence in that colony, must have been 1816. well acquainted with the public affairs in Canada, an ad- vantage of i^hich he judiciously availed himself by adopt- ing a line of policy suited to their complexion. Easy of access to all men, frank towards those who came to him on public business, diligent and earnest in the accomplishment of those purposes which he considered as essential to the welfare oi the Province, he won the confidence of the pep- ple, and preserved it throughout his administration. The first act of his administration of any import, was that of a benevolent mind. Owing to the ftiilure of the har- vest in the lower parts of the district of Quebec, by early frosts, several of the parishes were threatened with minine. The Governor, upon his own responsibility, threw open the king's stores, and advanced a very considerable sum of money for the purchase of such supplies as were not in store. Provisions were forwarded before the commencement of win- ter to the distressed parishes, which by this seasonably relief, were rescued from famine. The Legislature met earlier in the season than usual, and . . . the Governor called their immediate attention to this sub- meets^oo^ ih« ject, recommending such further measures as the nature of J^th January, the evil complained of might require. Engaged in this and other concerns of moment, the Assembly postponed the consideration of the impeachment^ until towards the close of the Session. A reluctance to enter upon this subject was indeed visible from the commence- ment, probably fi'om a persuasion prevalent among the membei's, that the peremptory nature of the Governor's instructions were such, as to leave him no discretionary power in case the Assembly should resume the question. A Judge of the court of king's bench for the district of Mr. Jutiur Montreal, was impeached in tliis Session by Mr. Cuyillier, peached.*"' k B 2 for * 172 Administration of 1817. for divers alleged hi^h crimes and miademeanorg, committed in his official capacity. The Assembly, after instituting an inquiry into the grounds upon which the charges preferred against him were laid, adopted certain resolutions, and drew up an address to the Prince Regent, which, together with the articles of complaint, tliey reciuested the Governor to transmit to his lloyal Highness. The House also re- quested the (jfovcrnor to suspend the accused from his fiinctions while the charges were pending against him. Hip E&cellency, on receiving the address of the Assembly, in- formed them that he would not fail to transmit their ad- dress, with the articles of complaint, and the documents Ami is sii!!. accompanying the same, to the Prince Regent. He also pended b> the acquainted them that having previously perused the evi- Governor. Jence adduced in the course of the investigation, he had already communicated to the Judge in question, his desire that he should abstain from the exercise of his judicial func- tions, until the determination of the Prince Regent, with respect to any further proceedings on the accusations, should be made known. By thisprudent anticipation of the desires of the Assembly, the Governor gratified that body, without incroaching upon the pretensions of the Le- gislative Council, who still, as on a former occasion, denied the right of the Assembly to impeach* without their con- currence. The proceedings of the Assembly being communicated by message to the Legislative Council, this body came to certain resolutions^ and framed an address in like manner to the Regent, stating that they had in no wise participated in the charges preferred against the Judge, and remonstrnt- Pmccedinffs ed against the right of the Assembly to impeach, which live Council."' they observed would thenceforth, if admitted, place every public officer at the mercy of the Assembly, and thereby disqualify them from a faithful and independent discharge of their official duty ; they therefore besought his Royal Highness not to inflict any punishment on the accused until the articles of complaint should have been submitted to, and met with their concurrence, or, until such articles of complaint, in the event that their concurrence should not be deemed necessary, should be heard and determined by them under such commission as his Koyal Highness should see fit to issue for that purpose. These • See Appendix, I. Sir John Coape Sherbiiooke. 173 ommitted tuting an preferred ions, and , together Governor se al«o re- l from his t him. Hi* •mbljr, in- t their ad- documents ,. He also edthe evi- jn, he had I, his desire liicial func- •gent, with accusations, icipation of atined that IS of the Le- sion, denied It their con- mmunicated ody came to like manner participated remonstrat- ;ach, which place every and thereby nt discharge [It his Royal -ccused until ubmitted to, ;h articles of e should not !termined by hness should These These proceedings were communicated by message to the House of Assembly, where, in reply to them, it was resolved, " That tlie claims of the Legislative Council touching the complaints brought by the Assembly, were not founded on the constitutional law, or any analogy thereto ; that they tended to prevent offenders out of the reach of the ordinary tribunals of the country from being brought to justice, and to maintain, perpetuate, and en- courage an arbitrary, illegal, tyrannical, and oppressive rer over the people of the Province." power A petition was presented to the Assembly from the orphan children of the lute Francois Corbeil,who had died in conse- quence of his imprisonment at Montreal, during the admi- nistration of Sir .Tames Henry Craig, principally complain- ing against the Chief Justice of the district of Montrei^l, in issuing a warrant lor the imprisonment of their deceased father, and prating the Assembly to adopt such measures thereupon as might appear proper. Another petition concerning the conduct of the same gentleman, towards a member of the Assembly, (Mr. Sher- wood) was also presented. Some time after the appearance in print of the letters, and order in Council already men- tioned, relative to the dismissal of the complaints against the Chief Justices, a printed travesty, turning these into burlesque, was circulated. A groundless suspicion that Mr. 8. was the author, obtained some credit, and that gentle- man, who, by his sturdy oppo.sition to certain measures in the Legislature, where he had recently obtained a seat, becoming obnoxious to a party, was singled out for crimi- nal prosecution for a libel upon the Kmg^s Government. The Chief Justice in Montreal had, during the time that the court of King's Bench for criminal pleas ought to have sat in that City, absented himself while attending the Le- f'lslative Council, when the Assembly in the preceding ession were about to resume the consideration of the complaints in which he was personally concerned. As the court of King's Bench could not legally be held without his presence, the term was lost. 1 o obviate this inconvenience a commission of oyer and terminer for the district of Mon- treal was issued after the dissolution of the Parliament. The Chief Justice presided in that court where a bill of indictment for a libel upon his Majesty's Government was found 1817. Ift^l-r i h/ s. s- »« 174 Administration op ' f A'.i ill hi I! 1817. reul. found n«»ftm«t Mr. Shonvnod. It was with a viewof expcH- in«? and seeking redrc-s for tlie proceedings connected wilh this prosecution, thj»t the present notition was laid before the house. The conduct of the Chief Justice, in absenting himself from Iiis official duties, and thereby causing; the laws of the land to be suspended and dispensed with, con- trary to the bill of rijjhts, were complained of. The giand jury, who hud found this bill of indictment, instead of being summoned liom the body of the district, had, as it was asserted, been packed from tlie City of Montreal. They were represented as partisans and persons inclined to second the measures of the Chief Justice, wbose conduct in the present instance, while pres^iding in his court, was placed m an unfavourable light. The petition was referred to a • ^'r.' '^f M.'m'* pppcial committee of live members, who immediately insti- iiiv.iiii:iiM;:i'> tuted an inquiry into the subject. The Chief Justice, in ihrc lu.t .Ptis. the mean time, hearing of this new complaint against him betore the Assembly, wrote a letter concernmg it to the Governor in Chief, which his Excellency transmitted to the Speaker, by whom it was submitted to House.* The com- mittee made some progress in the inquiry, but from the unusual pressure of business in this Session, it was found impossible to bring it to a close, and leave was theiefore given to continue tlie subject until the ensuing Session. Soon after the Governor's arrival at Quebec, a bill, granting a salary to the Speaker of the Assembly, passed on the 2.5th March, 1815, received, after upwards of a year's delay, the Royal sanction. By this act, a salary for the Speaker of the ttien existing Assembly only, which ex- pired with that session, was provided. On the eleventh of March, the Assembly presented ad- dresses to the Governor, requesting that his Excellency wo\dd allow their Speaker, during that Parliament, such adequate salary as might be thought suitable to the dignity of his office, and that he would also be pleased to confer some signal maik of the Royal favour on the widow of Mr. Panet, the late Speaker, in testimony of his sei-vices as such, during twenty years and upwards, without any re- compense or remuneration. To the former of these ad- dresses the Governor made answer, that " the Legislative Council having, by their addresses of the 4th of March, J815, * For this document see Appendix, K. Sir John Coape Siierduooke. 175 'expos- ed v/\\\\ I before iHenting inp the li, con- e giand Uead of ad, as it il.They D second t in the LS placed rred to a ely insti- stice, in in»t him it to the led to the Phe com- from the yras found theiefove ission. a bill, , passed aras of a salary for ^hich ex- 1817. 1815, stated that that house was impressed wiili (he expe- diency of remunerating their Speaker, also by au an mI salary, for the arduous and important duties attached to his high office, and having prayed that such nieanureH ini^ht be adopted for that purpose as should seem meet, ho should readily comply with the wishes of the Assembly, jud nmku an adequate and proper remuneiation for the services and duties of theSpeaicer of that houi- Fourteen thousand two hundred and sixteen pounds were granted to make good the advances which tlie Governor hud made for the relief of the parishes in distress from the failure of the lute harvest. The further sum of fifteen thousand five hundred pounds were advanced for the same purpose. Twenty thousand pounds were granted for the purchase of seed wiieat, and other grain, and potatoes, for the more in- digent husbandmen, on their giving security to repay the amount advanced. Fifty-five thousand pounds were ap. propriated for the improvement of the internal communi- cations of the province, and two thousand two hundred and fifty pounds were granted for the promotion of vaccine inocculation. Various annual acts which had expired, owing to the late dissolution of the Provincial Parliaments were now renewed. Grunts of iiKinry by Ihe Asbeiiibly («>' iliver:i yurpoi- Ci. ire Administration op Chap. Ader these affairs had been despatched, Mr. James Stu- X. art again brought forward the consideration of' adopting V^^V^^ further measures with respect to the impeachments. He 1817. maintained the right of the Commons of Lower-Canada to petition the R^ent on the decision which had been given, Impeachments and respectfully to remonstrate upon the wrongs which the Justices agafn **''ovince might ultimately experience in consequence of it. considered. Though his reasoning on the subject was sound and irre- sistible, the members, at once, ratigued with the labours of the session, and disgusted with the late dissolution, and tlie hourly reports that a similar event would ensue, should any resolution, tending to revive the Question, be adopted, were desirous of leaving it at rest until the ensuing Session j in the expectation that some measures would in the mean time be adopted by the Government, to quiet the public uneasiness on this subject. The consideratioii of it wftS, *i; therefore, postponed by a great majority of votes until the following Session. It was not, however, resumed as pro- posed in that Session, and there is cause to suspect that the present course was purposely adopted as the easiest modeof totally relinquishing the subject. On the twenty- second of March, the Provincial Parliament was prorogued. The liberal supplies which the Assembly had laid at the disposal of the Governor, enabled him to direct his atten- tion with effect to the improvement of the Colony, and some new roads were opened through the unsettled parts of Lower-Canada, the most susceptible of immediate estab- lishments, r • . , =. From the prorogation to the ensuing Session no incident of any -moment occurred. The Governor, in opening the Session, recommended to the consideration of the Legisla- Le"iSaSire7ih '"«» the propriety of holding out some inducement to a few January, 1818. good fiirmei-s and labourers to settle in the Province, for the puipose of introducing, by tlieir example, a more im- proved system of agriculture. He also informed the House of Assemblv, that he had received the commands of his Royal Highness the Prince Regent to call upon the Legis- lature to vote the sums necessary for the ordinary annual expenditure of the Province ; that in pursuance of these directions from his Majesty^s Government, he would order to be laid before them an estimate of the sums which would be necessary to defiray the expense of the civil government of the Province, for the year 1818, and that he anticipated 1818. ' U Sir John Coape Sherbrooke. 177 ines Stu- adoptiiig ntd. He aiiada to in giyen, iKich the mce of it. and irre- i labours lion, and e, should adopted, Sessionj the mean le public * it wftS, until the d as pro- pect that e easiest J twenty- 'orogued. id at the lis atten- ny, and I parts of te estab" Incident ning the Legisla- toafew nee, for aore im- s House s of his e Legis- annual )f these d order would Chap. X. imment cipated a 1^ ready execution of the offer, which they (the Assembly) had made on a former occasion, to defray the expenses of his Majesty's Provincial Government, with a libemlity that did them honour. 1818. This information was received by the public with much gratification, as it gave to the Assembly, that weight in the colonial constitution which properly belonged to it, and the seeking whereof had, inlSiO^ created so much heat and animadversion. Before the public accounts and estimates were sent down noi'» ijinos. ' to the Assembly, the Governor was attacked with a para- lysis, which deprived him of the use of his left side. This i untoward circumstance opened a glimmering of hope to those whose interests being likely to be affected, were there- fbreaverse to the measure whichthe British Government had recently adopted, in charging the Province with the pay- ment of its own civil list. If by any means a prorogation of the Session could have been brought about, before the estimates were submitted to the Assembly, and that body, by making an adequate appropriation for the purpose, were Possessed of the civil list, there might still remain a possi- ility that the Government at home, upon a strong remon- strance, would be induced to revoke the measure now pro- posed to the Assembly. The Governor's life was therefore whispered to be in imminent danger, or at least that his illness was such, as to render him incapable of attending to public business, and that a prorogation must necessarily ensue. An inquiry even is said to have been privately insti- tuted in a certain quarter for the purpose of establishing his inability to continue in the exercise of the Government of the Province, and to adopt measures jiccordingly. * ' ■ ■ . « After two or three day? of adjournments, by the Assem- bly from a sense of deference towards the*' Go v ernor, it was ascertained that his present infirmity had not impaired his fitculties, and they therefore proceeded to business as usual. •Si ■M The estimates for the civil list were sent to the Assembly at an advanced period of the Session, and amounted to the sum of £73fGi(i Ss, 9d. currency of Lower- Canada, for the payment whereof, the funds already by law provided, amounted, at an average for the last three years, to the suni pf J^33,583, leaving a balance of d^40,2l)3 Bs, 9d. to be C provided civil Lh( for 1818. 178 Administration of CrtAP. provided for. After debates on the subject, during the X. greater part of seven days, the Assembly came to a resohi- ^■^'V"^"^ tion that the sum required should be appropriated for the 1818. civil list, but owing to the late period of the Session at Avhich the matter had been discussed, the House postponed the further consideration of it, until the next meetmg of the Legislature, without passing a bill of appropriation for the present. ■ t Proceedin » ^^^ Legislative Council had, at the recommendation of in (he Lejri*.hi. the Governor, been recently augmented in number, by the roimtii nrlristirtn of eovopcii ncw members. This body, notwith« i i.ucber. with respect to i- • . . , . -, • the Impeach- standmg Its opposition to the pretensions recently assumed ment of Mr. by the Lower House, with respect to impeachments, on learning the determination of the Prince Regent concerning the accusation preteired, last Session, against one of the Judges at Montreal, as it seemed to extend their own pow- er, now became advocates for the doctrine. His Royal Highness had decided that in this, and all similar cases of impeachment by the Assembly, the adjudication of the charges preferred against the party accused should be left to the Legislative Council. The acquisition of so impor- tant a pii^/ilege as that of sitting in judgment on the com- plaints of the commons of Lower-Canada in cases of im- peachment, raised the dignity of the Legislative Council in the same proportion, as the right now admitted to exist in the Assembly, had confirmed the power of this body, and equally balanced these two branches of the colonial Legis- lature. Although by the instructions which the Governor liad received from home, this principle was settled, yet the manner in which the adjudication ot the impeachment was to be carried into effect had not been explained. He had, therefore, been under the necessity of recurring to his Ma- jesty's Government for further instructions in this respect. The substance of the information sought for, was to ascer- tain whether the Legislative Council was to take cognizance of impeachments by the commons, in virtue of a special commission, to be issued for the occasion, or whether it were to exercise that authority as a privilege inherent in the Upper House from the nature of the constitution, and by the analogy it bore with the House of Lords in Great- Britain. The Governor had not thought it expedient to communicate the instructions he had received to the ttvO branches of the Legislature, until it should be in his pow'ei* to lay before them the full and definitive intention of the King^s Government on the subject. A report of the mea- sure 1 St liH as rh Vi lie (ler H( \ on } Sir John Coape Sherbrooke 179 ani-o which His Excellency had pursued, on this point Chap. having ijone abroad, such members of the U|>pt'r House X. as entertained lofty notions of the inherent privileges of v^rv^^/ l)iat body, showed a disposition to call in question the 1818, propriety of the Governor's conduct, and that of his advi- sers, in a matter which, they maintained, concerned the pri- vileges of the Legislative Council, and, therefore, only to be s; ttled by itself Others, of more moderate pretensions, denied the doctrine of inherent privileges in the Upper House, to decide upon the complaints ot the commons; a right which, they said, far from being inherent, had, in the present instance, manifestly emanated from the crown, from which it was indispensibly requisite that someinstrument should be furnished before they could constitutionally and legally proceed on the trial of the accused. In the Lower House an opinion was prevalent, that to enable the Legis- lative Council to proceed upon the impeachment in ques- tion, an act of the Provincial Legislature for that purpose was indispensible. Some warm debates, on a motion in the Upper House for an address to the Governor to request information on what had been done relative to the last im- peachment, took place. His Excellency, therefore, to sa- tisfy both Houses of the Legislature, sent a niessage, in- forming them of the steps he had thought it expedient to adopt on the subject. This official communication, far from satisfying those who had agitated the question in the Legislative Council, afforded a ground-work upon which subsequent proceedings were intended to be raised ; but a regard for the actual state of the governor's health probab- ly connected with other motives not generally understood, induced the movers of the proposed address to relinquish the matter for the present. Among the concerns which occupied the House of As- CourtofAd- sembly, was an inquiry, instituted by Mr. Cuvillier, into miraitj. the administration of justice in the Court of Vice Admi- ralty, which was not brought to a close in this session, owing to the great pressure of business which required im- mediate despatch. The more important acts passed during this session were, an act for opening a navigable canal from Saint John's to Chambly, on the river Richelieu ; an act for the encourage- ment ofagriculture ; another to authorize the appointment of commissioners for the improvement of the communica- C 2 tion I ^f: 1818. 180 Administration op tion by water with Upper-Canada ; and another to estab- lish watches and night lights in the cities of Quebec and and Montreal. A bill incorporating a bank in the City of Montreal was passed by the Lower and Upper Houses, but it was reserved by the Governor for the Koyal considera- tion. ;.i V Assembly prorogued , w t Retires from the Govern- ment. On the first of April, the public business being con- cluded, the Legislative Council and Assembly went up to the Castle of St. Lewis (the governor being still from illness incapable of attending at tiie Council Chamber with the usual solemnities) where such bills as were ready, received with the exception above-mentioned, the royal sanction, and his Excellency prorogued the Parliament, with ac- knowledgments for the attention and diligence with which the public business had been despatched. The Governor had requested leave to retire from the government of the Province on account of his declining state of health, and he was replaced by the Duke of Rich- mond, whose appointment was known at Quebec early in the summer. 1 his nobleman accordingly, left England for Quebec, where he arrived oi^ the 29th July, in his Majes- ty's ship IpV igenia, on board of which Sir John Coape Sherbrooke embarked for England on the 12th August, having, on the eve of his departure, received the n»ost af- fectionate farewell addresses from the citizens of Quebec, Montreal, and Three Rivers, as well as fiom the members of the Legislative and Executive Councils. • In reviewing this administration, few observations occur to us that are not obvious to the reader on a perusal of the E receding pages. That he assumed the government of lOwer-Canada when the nicest management was necessary to heal the divisions which recent events were on the point of producing, will be as readily admitted as that the prudence of his measures conciliated those differences which might have involved his administration, from the beginning, in the most unpleasant altercations. Prompted by the best of principle?, and superior to the local prejudices which too frequently predominate in colonial politics, he gave a a free scope to the Legislature of the province, and impart- ed to it a new and more liberal character than it had hither- to possessed. Those pretensions, which a few years before had embroiled the Executive with the Assembly, were now gratuitously Sir John Coape Sherbrooke. 181 I estab- )ec and City of but ies, sidera- ng con- tt up to 1 illness nth the •eceived motion, ivith ac- ti which gratuitously yielded to the latter, and the constitution of the colony made more progress in the acquisition of solid advantageit during this administration, than it had pre- viously gained tfince its establishment. That trilling errors may have been occasionally committed, is but natural to suppose; but there are none which, upon a proper remon- strance, he would not readily have repaired, and which are not compensated by a multitude of virtuous actions. Chap. X. 1818. V^' fom the eclining ofRich- early in [land for s Majes- n Coape August, niost af- uebec, embers IS occur ilofthe tent of ^cessary he point Ihat the ]s which rinning, Lhe best which gave a impart- Ihither- before tre now iitously Ii \ •: ) 182 ' ■ :^j *• ; ■3 If ADMINISTRATION OF THE GOV^ERNMENT OF LOWER-CANADA, BY HIS GRACE, THE LATE DUKE OF RICHMOND, LENNOX AND AUBIGNY. <_ • i CllAP. XI. 1818. n I ! CHAPTER XI. NEWS of the appointment of the Duke of Rich- mond to the chief command in British North Ame- rica were received with universal satisfaction in Lower- Canada, the prosperity of which, it was confidently hoped, could not but improve under a person, who had adminis- tered with success the important and arduous government of Ireland, whose rank and connections were among the first in Britain, and whose character and influence with the Ministers were supposed to be great. This momentary prospect was scarcely open, when it closed ; and, in pur- suing these memoirs, we lament that we have little but the obsequies of this illustrious nobleman to record. To obtain a local knowledge of the Canadas, with a view DakeofRicb- to their improvement in a military and commercial sense, VpperCanada. *^® Governor left Quebec, towards the first of September, on a tour through the Canadas. The objects which, in the course of this journey, more immediately engaged hio intention, were the improvement of the inland navigation of the St. Lawrence, the Chambly, and the Ottawas rivers, by means of the canals which had been previously contem- plated for the purpose of surmounting the impediments to the navigation of those waters, from their rapids. Towards the ♦ t f i f The Duke op Richmond. 183 .view ^ense, iber, II, in Id his ition [vers, Item- Its to lards the 'I' » 1 f: the end of October he visited the Isle aiix Noix, the tern- Chap. porary fortifications of which, he determined to alter and XI. improve, in a manner suitable to the importance of that v^Wi post to the security of Lower-Canada, in the event of war 1818. with the United States. The Legislature met at Quebec on the 12th January, when it was prorogued until the S?d of the same month, in consequence of the decease of the Queen. In opening the Session he called the attention of the House of Assembly to the Civil List, which, owing tu the illness of the late Governor, during the last session, had not been finally ad- justed. The sum advanced for the service of the preceding year, pursuant to a vote of the Assembly for defraying the expence of the Civil List, was, after some debates in the Lower House, sanctioned by a Law. l)n the 3d March the Governor sent to the Assembly, by message, an esti- mate of the expence of the Civil List, for the year beginning on the 1st November, 1818, and ending 31st October, 1819, amounting to j£8 1432 6 6, sterling. This was re- ferred to a Special Committee, where it was minutely scru- tinised. This Committee, in a long and detailed report, forcibly recommended economy, and, in some instances, total retrenchment of offices, which they considered as un- necessary or as sinecures. The subject which engrossed the attention of the Assembly, in this session, was rather the mode in which the sums to be appropriated tor the Civil List should be given, than the amount, in which, without being lavish, there was a disposition to be liberal. On a matterof such importance, by which a precedent was to b^ established for the guidance of future Legislatures, it be- hoved the Representatives of the Province lo proceed witli circumspection. A discussion, therefore, arose, whether the sum required by Government, for the Civil List, should be granted en bloc, that is, in one entire round sum for the whole, leaving the apportionment and distribution to the Slxecutive, or by //fw* specifying the particular amount to be given to each officer of the civil government of the colony. A part of the Assembly insisted that the sum required by his Majesty's government to defray the expence of the Civil t^is.\ could not be constitutionally accepted unless granted tii bloc by the Assembly. That to accept of it in that %hape would be virtually to relinquish the Royal patron- age, an d that to vote and appropriate by an act of the l^i^laioi'c the sum required, item by i7cm, was without precedent 1819. Sfssionof the Legislature. Civil l/ut coniidercd. 184 Administration of Chap. XL J819. i u Bill provid- ing tor the Ci- ^il Lisr, pnssed bv the A&sein- blv. Lachinc Ca- •al Bill. precedent in the Imperial Parliament, and would be an in- trenchment on the prerogative. Another part of the same body contended, with equal determination, that it was the indisputable right of the Commons, in all money appro- priations, to apportion them as they might deem expedient. That although the Civil List of the mother country nnd the supplies annually voted by Parliament for the various branches of the public service, were not detailed by itemSf yet the right of the Commons to do so, could not be de- nied. That the responsibility of Ministers for the due ap- plication of all public monies, rendered it unneces.^ary for the Commons, in their grants of money, to enter into minute details, but that in this colony there being no acknowledged responsibility vested in any set of men, the only surety which the Assembly could have for the due application of the public money, was an Act of the Legislature. That this would leave the patronage exclusively with the crown, as formerly, and would only operate as a salutary check on the Executive, which it was but fair that the Assembly should hold, as a pledge of the diligence antl integrity of its officers. The examples of the British Colonies were cited, and in fine it was resolved by a strong majority that the sum required to defray the expence of the Civil List should not be otherwise granted than by items, such being the sense of the people of the Province. A small party in the Assembly were desirous of compromising the difTerence by adopting a middle course, in voting the necessary sums by Chapters, that is, by round sums, for the several De- partments of the Government, leaving the distribution of those sums among their respective officers, to the Govern- ment. This proposal, which possibly might havesucceeded with judicious management at the outset of the contest, came too late, and from the excitement already created by the debates on the two main questions, was not listen- ed to. A Bill was accordingly digested, appropriating the sum required for the payment of the Civil List by itemSf which passed the House, and was sent up to the Legisla- tive Council. Here it was roughly received as unconsti- tutional in form, an encroachment on the prerogative, and subversive of the authority of the Crown over its own of- ficers, and as such, after very little debate, was almost unanimously rejected, a single member having courage to express himself in favor of the bill, amidst the opprobrium with which it was treated. In this session an act was pass- ed; authorizing a navigable canal, to be made by subscrip- tion. I ^ The Duke of Richmond. 185 for 3e an in- the same : was the f appro - cpedient. y and the I various 3y itemtf ot be de- i due a ssary minute jwledged y surety ication of e. That 18 crown, check on Assembly toirriiy of 1 lies were arity that /ivil List ich being party in iiflforence ary sums reral De- >ution of jovern- icceeded contest, created )t Usten- ting the itemSf egisla- consti- |ve, and )wn of- 1 almost je to )brium [s pass- )scrip- tion. % lion, from Montreal to Lachine, by which the Rapids in the St. Lawrence, between these two nlaces, would be avoided. The trade between Lower-Canada, and the United States, which had heretofore been regulated by orders of the Governor in Council, was now regulated by a temporary Law enacted for the purpose. 1819. Trade with the U. Slatfij. Mililia IjBlvi. Bill to secure the inliiibu taiits of the District ofGas> pe in the eu> Some alteration was made in the M iUtia Law, to pre- vent 'the appointment of any officer to a battalion, who shouhl hot be resident in the county, city, town, borough, parish or township for which he might be appointed, and who should not be an owner, or the son of an owner of real estate therein. The Assembly granted the sum of tliree thousand pounds for the purpose of laying out lands for reduced onicers and men of the Embodied Militia, and others who had served during the late war with the United States. An Act, at the particular recommendation of the Governor in Chief, was also passed to secure the inhabitants of the Inferior District of Gaspe in the possession and en- joyment of their Lands. This district had been settled by reduced soldiers and refugees from the United-States, after the termination of the revolutionary war, who had made j«»yp)«nt «*' considerable improvements in Gaspe Bay and in the Bay of Chaleurs, in expectation of obtaining good and legal titles from Govei'nment, from which the Inhabitants had origi- nally received Location Certificates for the grounds allot- ted to them. Their grants having from accidental circum- stances been postponed from year to year, difficulties arose among them,owing to the total relinquishment of their lands by some, the loss of Certificates by others, and the occu- pancy of the lands so relinquished, by new settlers without any authority at all. The lapse of a number of years dur- ing which the occupants were improving their grounds, rendered their several claims and pretensions more and more complicated, insomuch that the Government in order that the fullest justice might be done to the claimants, recom- mended the subject to the considemtion of the Legislature. The Act passed on the occasion, authorized the appoint- ment of Commissioners to a(.\just the claims in question* with extensive powers for that puipose, and to defray the expense, appropriated the sum of two thousand pounds, although it was strongly urged that this expense ought, in equity, to be borne by the Imperial Government, upon the &ith thereof these lands had been settled by persons who D V I !l rl f i-'fe 186 Administration op 1819. Court of Vice Admiruliy. Impearhmcnt of Mr. Justice Bedurd. Alessagie fiom the (!o . I '»)r in riiici fill) rcsppcl lo the Im|)iTi('limoi!t of Mr. Juslke Fouciier. Tlie Legisla- ture [>rurogued who had suflerci in its caufe ; and that as all public lands exclnsively belon2jed to tho crown, it was but proper that every coniinjrency with respect to tlie titles of their occu- pants should be a charpre ajrainst the mother country, ra- ther than the colony. Tlie inveHtigaiion relative to the administration of Justice in the Court of Vice Admiralty, whicli in previou.s Sessions had occupied the House, was also resumed, but from the accumuhition of nu)rc urjgrent concerns, was allowed to remain in suspense. Pierre Bedard, Esquire. Provincial Jmloe for the District of Three- Rivers, -was impeached of divers alleiijed high crimes and misdemeanours, but on enquiry into the tacts, a Special Committee reported in flivor t f the accused. The Impeach- meut of Charhi Foi'c:;; r, '^-qiire, one of the Justices of the Court of Kin'^'s iHcirClia* ?J n*..e:d.wiiich [v.d pr \iously cre;^ted so tmich iiitciv"': soei.ied, thisSe; r^ion, to have been taciily re!ii>q'M''hed. Eirly in tlie Sessi.n, n '.vicssufrc was transmitted toilie Assembly relative to tbe impeachment of this Gentl'Miien, ofa ratru'cso incompatible v. Iththcnoiions entertained by the Ae^sembly of its own priviiegos in such cases, and in the minds of the majority, so unsatiiifactory as to excite the utinost discontent at the whole proceedinj^. After some severe and sarcastic observations on the style in which tlie message was couched, the subject was laid aside without further notice,* and Mr. Foucher after the Session, was directed to resume his duties as Judge of the Court of King's Bench at Montreal. Business being conduced, the Governor on tJie 24th of April, after a long and laborious Session, prorogued the Legislature with a Speech, the sub- stance * (See Appendix letter L.) In this messaije the Assembty were called up- on to produro their documentary evhhnce. It is diiricilt In say what was meant by tiiisdoruinrntary evidciurc unless it were the Ex parte examination, (in the n.iiiirc if :in inquest l>y a Ciraiid Jury, before timlinj: a Bill of In- dictmeiii*) of riivers \vitnesse.s taken hy a Special roinmiiire of the As-i'mbiy previo,, to ilif-ir roiiriiiTenrc in the linpearhment, and vvhicli far from being eviilencr. a^'alnsl Ike accused, was no more than an etiquiry to saii.-ity the con- gcience. of ilic ci.mplainants that (here was cause lo biiii* forward charp;es with a view to a mure ample and thorough inve.-iifJii'uin l>y subsequent legal evideiiee. Tlii- itiW for doi'unient.iry evidence it was therefore contended was a nujral I V itemand i!>r ih;.t, which, with re.^-j)* ct to the trial and guilt of theaccnsid wa-a more iKil'iiy, ;".ni! whicli.asin fail it iiil been publicly print- ed, must ha'<' been lone ijoiii .•. is possession, and ';.iii nlMjin confoimily willia standiii); order of tlie Pone, been formally coiiuniuiicaied to the Governor in the pro^rri'ss of ih( ciiqiijiy. Thil lo comply with the present mesHap;e would, in some rcspcc, , be a Miircndcr of their own privileges, it ap- pertainins; to l!ie A:^-cmb!v alone, to Judge of the evirlence sulticieni to justify them in accnsi!iij..and would at tlte snme lime bo con^friictivoiy to limit their testimony agaiiist tlu* accu'-ed, with liio weiglit whereof it was futile lo come forwaifl, until atrial sii'iuld take place hcfinc ilio coinpetent tribunal, to whom it would then exclusively bt'lou?', (o judge of the evidence sutficicnt to Ojiivict, be it w hut it might. 1^ St o a lie lands »{)er that iir occu- ltly, ra- e to the Imiralty, ise, was c iirgeat PieiTft ifThree- nies and Special mpcach- stices of \iously ivc been age was inient of ^notions in such sfactory ;eedin<^. style in id aside Session, Joiut of ed, the borious he sub- stance ailed iip- nliat was Bination, II of In- Vs- -mbly Din being the con", cliarges ent legal »nlcit(ic(| I ^iiilt of ly print- ly vvifliji overnor mfssage 4, it up- ojiistify tiit their ID come iiial, to :icnt to The Duki: of Riciimoxd. 187 1819. Cti il * stance of which cannot he lauro conci^^ely given than in his own lani'luiire : '• I came to this Province to tnke the Government of his *' iMajt ;,ty'rt Dominions in North America, with a sincere '• doniie 4»f carryinn into praclice the intentions and hberal fi.»vernor9 " views of his Itoyal Highness the Prince Hegcnt, to pro- '*l»<^"«^''« ' mote by every practicable measure, their general pros- ' perity, to improve their natural resources, and the indi- vidual happiness of his Majesty's people. " A reasonable hope and expectation was entertained by " me, in accepting this command that 1 should meet in " those j)ursuits, with the cheerful support of every well " informed person, who could appreciate in his own mind *' my motives in undertaking the charge. " With these impressions on n^y mind, and with full *' confidence in your zeal, your loyalty, and your local " knowledge of the public and private interests oi tlie coun- " try, 1 n.et you on your legishitive duties, and have most *' patiently attended to your proceedings during a long *' Session, which I am now to close by prorogation. You, " Gentlemen of the J^egislative Council, have not disap- *^ pointed my hopes, and I beg to return you my thanks " tor the zeal and alacrity you have shown in all that more *' immediately belongs to your Body. " It is with much concern I feel myself compelled to say, " that I cannot express to you. Gentlemen of the Assein- *' b!y, the same satisfaction, nor my approbation at the " general result of your labours, (at the expense of so *' much valuable time), and of tlie public principles u]>on ** which they rest, as recorded on your Journals. " Yon proceeded upon the Documents which I laid be- '' fore yon, to vote a part of the sum required for tiie Ex- " penses ofthe year 1819, but the Bill of Ap[)rc)[)riation " which you passed, was founded upon such principles, " that itap|)ears from the Journals of the Upper House, to *' have been most constitutionally rejected: His Majesty's *' Government has been thus left without the necessary sup- *' plies for supporting the Civil Administration of the Pro- *' vince for the ensuing year, notwithstanding the volun- " tary D2 188 Administration of i Chap. '* tavy oflernnd pledge given to his Majesty, by the Resolve XI. " of your House, otthe 13ih of February, 1810. 1819. *' I recommended to you by Special Message the consi- *^ deration of the iludicature Act for such amendments as ** should appear necessary to remedy any inconvenience " which time and experience in the course of the Admin- <^ istration of Justice may have pointed out as expedient: *' and I nuich regret, that this important object has not *' been brought so far to an issue, as would have enabled ** me to transmit the result of your proceedings to his Ma- ''iesty's Ministers, that the opinion and assistance of the "Law Officers of the Crown in England, might have been *^ obtained in aid of the local knowledge and practical ex- *' perience of those characters in this Province, who have *' nad the best opportunity of studying and understanding •* the subject ; I trust, however, that you will be prepared *' to proceed effectually thereon, at an early day otthe next ^ Session. " It is with some reluctance I have given the Uoyal As- *' sent to the Militia Bill, from a principle being introduced " into it of which I do not approve. " The information given me of the inconvenience which *' would arise from losing certain sei*vicefl specially reposed •* in them, for which no other provision is made by law, has " induced me to assent to it in confidence that it will be " amended in the next Session of the Legislature. — The ** necessity of placing this local and constitutional Military " Force, under proper and efiicient regulaticns by Law, is " stronoly impressed on my mind, and no impediment *' should be in the way of assisting it, whether embodied or *' sedentary, with the services of lialf-pay officers settled in " the Province, or others from the regular Forces, as well *' as those of enterprising young men drawn from the cities " or towns on any emergency. *' The population of this Province a-ffbrd excellent mate- " rials for a defensive army, but a general and proper " selection of officers is necessary to make it formidable to " an active and enterprising eneiny, and that selection " must, in all cases, belong to the Executive power only. ti « The The Duke op Richmond. 189 Resolve le consi- lents as venience Admin- pedient : has not enabled his Ma- le of the ttve been tical ex- fho have iitanding prepared the next oyal As- ;roduced :e which reposed aw, has will be .—The VlilJtary ' aw, is ediment •died or ttled in IS well e cities mate- pioper able to lection r only. I m a • Th< " The present time anbrr Canada excepted. And as branches ** of the Legislature, it is of the first importance that you ^' should fully understand your Constitutional Rights ; ** that privilege may not come into question with pre- ** rogaiive, and that while you maintain those rights which ** respectively belong to you by the Constitution, you may ** be equally careful of encroaching on each other, and res- ** pectively pay a due regard to the rights of the Crown. I ** shall lay before his Majesty's Ministers the proceedings *' of the Session and the general state of the Revenue, the ** Expences, Agriculture and Commerce of the Province, " and request instructions on such points as may be neces- ** sary to be more fully understood, that difference of opin- ^* ion amongst those who ought to have only one object in ** view, may as much as possible be avoided." The Governor, this summer, again visited Upper- Canada, and here his existence terminated. This event occurred on his return to Montreal by way of the new settlements on the Ottawas River. On the 20th of August he left Kingston, in Upper Canada, accompanied by two (jentlemen of his i^taif, Lieut. Colonel Cockburn, Deputy Quarter-Master General to the Forces, and Major Bowles, Military Secre- tary, and proceeded through the woods, sometimes on foot, at others in a waggon or on horseback. The weather was ex- ceedingly warm and the first symptoms of his disease,of which he complained, was a pain in the shoulder, which left him but was succeeded by a difficulty in swallowing, to which he paid little attention and continued his journey. On the 26tn, early in the forenoon, he arrived at Kichmond, having walked on foot upwards of four miles through a fetiguing swamp. On his arrival, he appeared unwell, but refused to retire to a house prtJpared for his reception, until he had visited the settlement. In the afternoon, he again walked out and appeared bettor. At dinner, he mentioned the dif- ficulty he experienced in swallowing, and expressed his surprise 1819. The Gover- nor visits U|>- pei'-Canada* The OoTer* nofs illness. 190 Administration op 1819. r surprise at the convulsive pIl'Tt which the sight of liquid produced on him, for wliiclj he was at loss to account, ob- serving at the same time, that none of his family had ever been in the slightest degree ncMvous. His attendants, how- ever, from the elVorts he was observed to make to overcome the effect of which he complained, at the appearance of liquid, began to suspect the nature of his malady to be hy- drophobia. He sat up late, in conversation with his friends, and retired to rest a little before midnight, but passed an unquiet night. He rose ai five in the morning, and seemed very anxious to proceed on his journey to Montreal, fre- quently expressing his luieasiness at being attacked by a nervous disrirder, and at his unaccountable disUko to water, which he observed, had that morning been so great that he was unable to wash his face as usual, havitjg with much difficulty prevailed upon himself to use for that purpose a towel which his servant had wet for him. He endeavoured to take some tea at breakfast, but the appearance of the liquid brought on a spasm. At an early hour in the fore- noon he embarked in a canoe with one of the gentlemen, intending to jnoceed a lew miles by water to the ho\ise of a settier, wliilher his iiorses had been sent on before him, but the disease had now becotne so fonuidable as to render him incapable of remaining on the river. He was accord- ingly landed, and proceeded on foot to where his horses were in waiting for him. On his way thither, the road lay along the river, to avoid the sight, and smell of which, (for he also complained of thelatter) he frequently left the road abruptly, and where his way was interruj)ted by ravines, lie was with much diffiruliy prevailed on to pass them, in effecting which, he seemed violently agitated. He was now sensible of his situation and occasionally spoke of the pro- bable speedy termination of his existence, with courage and resignation. On his arrival at the settler's house to which he was proceeding, such was his horror at the sight of wa- ter, that rather than remain in the house which stood near the river, he preferred retiring to the barn from whence it could not be seen. An open passage ran through the mid- dle of the barn which rendered the place cool, and here he seated himself in expectation of a Physician who had been sent for to llichmond, and who on his arrival bled him, which at first afforded lelief. The Paroxysms, however, soon after returned with increased violence, and he avail- ed himself of the intervals between them, while he retained his recollection, to dictate to one of the Gentlemen who attended 1 4 Ti 3\ it The Duke of Richmond. 191 Miin, , in was now ,gc le pro- eand which of wa- d near ence it e uiid- lere he d been 1 him, wever, avail- tained I who ended h attended him, and took in writing such communications to his family and friends as he thought might be consolatory. In tlie cvoninij ho was removed into the house, and at ei<;ht o'clock on the ensuing mornmg, he breathed his last, so easily, from the exhaustion produced by the violent and hasty progress of his disease, that the moment of dissolu- tion was scarcely perceived by his disconsolate friends. Tidinjis of his decease were announced at Montreal on the SIst August, before his iUness was scarcely made known by a messenger who had been previously dispatched to prepare his family for the sorrowful event. The remains of this nobleman were conveyed to Quebec, where they lay in state at the Castle of St. tiewis, from the 2d to the 4th September, on which day they were, with the military honors due to the rank of the illustrious deceased, deposited in a vault, prepared for the purpose, in the Ca- thedral, amidst a great concourse of citizens assembled to witness the solemnity of his interment, and to pay this last tribute to the memory of their departed Chief. Of the time and manner in which the disease that occa- sioned his death was communicated, we are not satisfacto- rily acquainted. By some it has been explained by a slight scratch in the hand, received at the Borough of William Henry, a short time before his departure for Upper- Canada, from the teeth of a domesticated fox, which liaving been worried by dogs and exposed all daytothe scorching heat of the sun,vvasinastate of irritation,when the Duke in passing, accidentally observed, and incautiously approached tnie animal with intention to appease it.* Others have, perhaps, erroneously attrib\ited his malady to over-exertion in travelling during excessively warm weather through a new and woody country, over rough and swampy roads to the new settlements, which, from a sense of duty, he was anxious by visiting them in person, and witnessing the progress already made, to encourage and promote. It * This mfiv»ii"'<*c tlic very lu>t, riinslantly romjilained «»f ih<' oirciisivc siiK'll ol >tinliiii)ij aiiiin.il-i, aiid iliis was the roason why he caused himself ((► he removed, in the pveiiiDa;, from the barn into the house, l\v wlii( li he iioi)!>(f for relief froiu iliis iiniigiiiary aunoyanre. Piiysieians Kiy tlirit ii.uieiits labouring umlertlie hydroi)iiobia,alaiust wiUioutexce;ition, oiuipluin ot'tiie bume inconvenieucc. 1819. The Gover- nor's decease, 28lh AuR.18i«). >i 199 Administration op, &d. Chap. It must be acknowledged that in proroguing the Parlia- XI. ment he conveyed his sentiments to the Assembly in blunt- s^V^fc*' er terms than are veconcileable with the usually-received 1819. notions of the circumspection of a wary politician. His Speech on that occasion bespeaks, however, a mind too conscious of its own uprightness to stoop to those popular shifts which almost as often defeat as ensure the intended purpose. The laie Duke of Richmond possessed a sound judgment, with a quick and clear discernment. It is even said that tew men of the age were endowed with such ex- traordinary powers of mind when called into action on great and momentous subjects. In his purposes he was firm Avithout precipitancy, yet ever open in matters of doubtful importance, to dissuasion by those whose candour he had no cause to suspect. Of his own opinions, as they were formed with caution, he was peculiarly tenacious, but he invariably shewed tiie utmost deference for those of other men, when in the pursuit of his public duties he was com- pelled to differ with them. In stature he was above the ordinary height, stout and well proportioned j his coun- tenance was strong and manly, and, though rather of a se- rious cast, expressive of those generous and exalted quali- ties of the soul for which in public and private life he wa» alike distinguished. Although fond of atliletic amusements, and addicted to pleasure, he was nevertheless the man of business, and could with incredible dispatch expedite the most intricate concerns without any seeming exertion. He was of a frank communicative disposition, and in the army, in which he held the rank of General, was universally beloved, and denominated by the familiar appellation of the soldier's friend. With what success he would have continued to administer the Government of this Province we pretend not to say. Of his zeal to promote its prosperity there need not be a doubt, and thev.upon whose ingenuous- ness reliance can be placed, that were well acquainted with his views, assert them to have been uninfluenced by party considerations, liberal in the extreme, and worthy of a noble and patriotic statesman. CHAPTER fiiT In pnge 182, Unc I S, for intention, rca4 attention. imi 193 J Parlia- nblunt- TPceived in. His rind too popular intended a sound t is even mch ex- on great vas firm doubtful r he had ey were us, but of other ras com- )ove the is coun- • of ase- id quali- he wa» lements^ ;he man ixpedite sertion. d in the versally tion of d have "rovince )sperity inuoiis- jainted iced by worthy »TER Administrations of JAMES MONK, Esquire, AND OF SIR PEREaaiNE MAlf LAND, t I CHAPTER XII. IN consequence of the decease of the Duke of Richmond, the temporary Government of the Province, until his Majesty's pleasure should be known, devolved upon James Monk, Esquire, Chief Justice for the District of Montreal, as senior Member of the Executive Council, who, accord- ingly assumed the administration of the Government, of which he gave notice by Proclamation, on the 20th Septem- ber, 1819. He was, however, soon superseded by Siii Pe- regrine Maitland, the Lieutenant Governor of Upper- Canada, who, as Military Officer commanding the Forces in the Canadas, was directed by orders from England, to administer the Government of Lower- Canada, until the arrival at Quebec, of his Lordship the Earl of Dalhousie, promoted from the government of Nova-Scotia, to the chief command of the British North American Colonies. That officer accordingly repaired to Quebec with his fa- mily, where he arrived on the 7th February, 1820, and on the 9th departed again for Upper-Canada to meet the Le- gislature of tliat Province, wnich was to meet on tl^e 21st of the same month, leaving Mr. Monk still in charge of public affairs in the Lower-Province. This Gentleman previous to his knowledge of the appointment of Sir Pere- grine Maitland, had, by a Proclamation appointed the 29th February for the meeting i)f the Legiirlatuie. This resolu* tion, after the arrival of the Administrator in Chief, was ^iiddenly changed, and on the day of his departure for Up- per^Canada, Mr. Monk issued another Proclamation dis< solving the P^Uameot, and appointing the Ilih April E ensuing, Chap. XII. 1819. Mr. Monk as-* sumes the go- vernment of L. Canada, as se- niormemberof the Executive Council. la superseded by Sir Pere- grine Mait- land, K. C. B. 1820. Mr. Monkril-*- ■oivesthe Pur> liumeut. 194 Administuation op Chap. XI. 1S20. Oprnins; of the new Parli- ament. i ensuing, as tlie day upon which the writs for the new elections were to be returnable, except the writ for the county of Gaspe, the return whereof was by the same Pro- clamation extended to the 1st June next ensuing. This unexpected and impolitic measure, which the experience of former administrations had uniformly shewn to be prejudi- cial to the views of the Ejteculive, by weakening its influ- ence in the Assembly, could not be otherwise explained, than by the difference in opinion between that House and the Legislalive Council, which had existed last Session with respect to the Civil List. The elections, as on former oc- casions under similar circumstances, were decisively unfa- vorable to those, who, in coincidence with the supposed views of the Executive, had combated the bill passed by the Assembly providing for the payment of the Civil List by items, and few of those members were returned. Sir Peregrine Maitland having, in the mean time, after a short Session, prorogued the Parliament of Upper-Ca- nada, returned to Quebec, and on the 17th March, relieved Mr. Monk, who had conducted the business of the Province generally, to the satisfaction of the public, with the excep- tion of the dissolution of the Assembly. This step, it was reported, with what truth we cannot vouch, he reluctantly took, contrary to his own better opinion, under circum- stances which he either had not the discretion, or the forti- tude tocontrouL On the 11th of April, the greater part of the members who had been elected attended at Quebec, in expectation of a Session at the return of the writs, and the Adminis- trator in Chief accordingly went to the Council Chamber, and opened the Session with a short speech. After the As- sembler had re-elected their late Speaker, Mr. Papineau, the first subject to which this body turned its attention was an enquiry into its own competence to proceed to the dispatch of business, no member for the County of Gaspe having as yet been returned. In the nlean time the Go- vernor sent a message to the House, recommending the renewal of certain Acts of the Legislature, to which no at- tention was paid. By law the Assembly of Lower-Canada cannot consist of less than fifty representatives, who must be called together once at least in every twelve Calendar months. It was made apparent by the returns ordered by the house to be produced and laid before it, by the Cleric of 'i [ Sir Peregrine Maitland. 195 the new rit for the same Pro- ng. This •eriencc of e prejudi- jits infliN explained, louse and ision with brmer oc- ^e\y unfa- supposed ?ed by the il List by Ban time, pper-Ca- , relieved Province le excep- 3, it was uctantly circum- he forti- nembers ectation dminis- lamber, the As- pineau, tention to the Gaspe le Go- ig the noat- 'anada must endar ed by Cleric of 'i i lr« of the Crown in Chan<.<'ry, thai this number was not com- plete, and it wiis therefore unanimously resolved, " That " the representation of the Province being incomplete, no " member having as yet been returned for Gaspe, the " House was incompetent, and could not proceed to the " dispatch of business."* The twelve months, within which the Assembly ought by law to sit, were to expire on the 24th April, (the day on which the preceding session closed last year) and unless a member were returned for Gaspe on or before that day, so as to render the Assembly competent for the dispatch of business, it might become a qtiestion whether that body had been duly called together within the time limited by law. Some there were, who did not scruple to assert that the late dissolution was in its consequences tantamount to a violation of the act of the Imperial Parliament, creating the Constitution of the Ca- nadas.t These proceedings were formally communicated by the Assembly, to the Governor on the i?Oth April, who briefly expressed to the House his regret that the public business * It is to be observed that the writ for the election of a representative for the County of Gaspe was, in roinmon wilh the writs for other Counties, made returnable on the 11th of April. The remote situation of that District, in- duced the Legislature in 1802, by an Act, to extend the period for the return of writs of election, for that County, to one hundred days, iii-.tead of tifty, us allowed for other Counties. Many were of opinion that the writ was null, ioasmuch as it ought not, in conformity willi the Proclamation, to have been returnable sooner than one hundred days^ after its date, and that the Assem- bly could not legally sit until the return was made ; because, said they, the Act could not bear any other interpretation, consistently with the purpose for which it was intended, namely, to secure that District its share in the representation of the Province, from the very opening of the Legisla- ture. Others were of a dift'erenl opinion, and agreed that the period for the return of the writ was proper as it stood ; that the extension given by this Act to tiie return of the writ, which often }t might not be possible to effect in fifty days, was to enable the returring otiiVer to make a legal return, at any time within fifty days after the day when made returnable, and tlioreby to remove all doubts on the v^lictity of such return ; that the Act, far from r''- Suiring that the writ should not be made returnable in less than one hundred ays, provided expressly " that it should be made returnable to a number not *' exceeding one hundred days" from the day of its date. These argnments were, however, rather speculative than otherwise, as we believe it was kolely the essential fact that no 7neiHber had, as yet, been returned fur Gaspe, that led to the unanimous conclusion adopted by the Assembly of its incom- petence for the dispatch of business. + Among the original arguments on this subject, i^ro and con. there was one which, from its mere originaliti deserves to be recorded. A gentleman, in the course of his reading, had discovered that a Corporation, (ofa city for in- stance) by a negligence or misuse of its franchise, whereby it broke "the con- dition upon which it was incorporated, was, or at least might be, dissolved-. Thisprincip1e,wilh what sagacity we leave to others to determine, he gravely applied to the Constitution of trie Province, and vehemently contended thu^ the Corporation was accurdingly extinct !! - E 2 1820. The bonseof Assemlily de- clares i I self in- competent to proceed to the dispatch of bu- siness. i 196 Administration op fl ! Chap. XII. 1820. ^1 Assembly dissolved. I Anivnl of his Lordship the Tnrl of Daliiuusie. business should be prevenled by its resolutions, which be observed, his duty constrained him to say he did not admit to be in any respect well founded. The Assembly, not- wilhstandinflT, persevered in their resolution, and refused to receive a Message from the Legislative Council, where a bill had been passed, which was now sent to the Lower House by a Master in Chancery, against whom the door remained closed. In this state of incompetence the Assem- bly remained until ilie 24th April, when the receipt of official news of the King's demise, of which unofficial ac- counts by way of New- York, had previously reached Que- bec, on the 18th March, removed the dilemma, by afford- ing the Administrator a constitutional ground for dissolving the Legislature. He, therefore, went down with the usual formalities, and having summoned the attendance of the Assembly at the bar of the Legislative Council, he without the least allusion to their proceedings, announced his Ma- jesty's demise, by which the crown ot the United-Kingdom of Great Britain and Ireland, was rightfully come to His present most gracious Majesty George the Fourth. The speaker of the Legislative Council, by command of the Ad- ministrator in Chief, then declared the Provincial Parlia- ment, in consequence of the decease of our late Sovereign Lord, King George theThird, to be dissolved. Minute guns were fired, accompanied with the tolling of bells during this ceremony, after which a royal salute of one hundred guns in honor of His Majesty's accession took place, at the conclusion whereof, the new King was solemnly proclaimed on the Place d'Armes and other public places at Quebec, by the Sheriff of the District and his Deputy, in presence • of the Administrator in Chief, attended by the principal Ci- ■vil and Military heads of Departments, the troops of the gar- rison under arms, and avast concourse of Citizens. The same solemnities were observed at Montreal, Three-Rivers, and in other Towns and Villages throughout the Province. The arrival of His Lordship the Earl of Dalhousie, the Governor in Chief, on the 18th of June, fi-om Halifax, in His Majesty's Frigate the Newcastle, put a period to this short but eventful administration. It is but reasonable to suppose that the Assembly must have participated in the feehng which the recent dissolution and general election had created throughout the Province, and this feeling could not have been soothed by the certain prospect, even previ- ous to the meeting of the Legislature, of another dissolu- tion Sir Peregrine Maitland. 197 tion, and a renewal of the Elections, in consequence of the King's demise. The cool, and cautious manner in which the Ailministrator, at this perplexing juuv.iuro, met the resohuions of the Assembly, softened the spirit of that bo- dy, and it seems to be now generally admitted, that, what- ever might have been the error in dissolving the pieceding I'arliament, the mode in which the Adniiniatrator in Chief negociated with, and dispatched the present Assembly, wast characterised with wisdom. 1820. ^USIE, di&x, ]o this Ible to In the pction :ould )revi- Isolu- tion ■ .1 Si I m. APPENDIX. E. f Legislative Council, Wednesday, Id March, ]8I4. liesolved. That by the criminal Lnw of En^lnnd nnd of this Province, no man ran be charged with, or impeached of any crime or criminal ofl'ence, but by an inquest of (he country, the rases excepted in which an information on the part f»f the crown may bo filed. Iteiolved, That the lawful inquest of every county, district or government, by whose ministry any subject of his Majesty is charged with, or impeached of any crime or criminal ofience, however chosen or appointed, represents, fur the piirpoae of such charge or impeachment, the enure community of thr: people of the county, district or government, in which such subject is so charged or iiniteached, and acts on their behalf, and in their right. liexolved. That the right to charge or impeach any officer or officers of his Miijesty's Gnvernment in this Province, with or for any crime or criminal of* fence or misdemeanor in office, (if any such right exists iitthis Province,) is by law vested in the entire community of the peopleof this Province. Resohed, That the right to charge or impeach any officer or officers of his Majesty's gnvernnient in this Province, with or for any crime or criminal of- fence, or misdemeanor in office, doih not vest, nor can be vested in any one part of the people of this province, more than in another, but is vested in the whole collectively, generally and equally. Resolved, That since the right to impeach any officer or officers of his Ma* Jesly's government in this province, \Vith or for any crime, criminal oflTeuce or misclemeanor in office, doth not vest in any one part of the people of this pro> vincc more than in another, but is vested in the whole collectively, generally and equally ; the right to charge any officer or officers with or for any crime, criminal onence or misdemeanor in office, doth not, nor cun exclusively exist in the representatives of any one part of the people of this province, nor can by them be exercised without the participation of the remainder. Resolved, That the members of this house are a component part of the peo« pie of this province. i2e,s-o/veJ, That the members of this house being appointed by the crown for life, do sit and vote in the provincial parliament in their own right, and are not re|)resented in the assembly. Resolved, That the assembly of this province, inasmuch as the members of this house are a component part of the people of this province, nnd are not therein represented, are the representatives of a part only of the people of this province. Resolved, That every charge or impe .iiid I'liiu'd Kingdom, Ixii iH exercised on tlieir licliiill, and in ilieir ri|;ht by (lie liou.->e uf <:ominors alime, to the exclusion of the liiiune of Liirds. Benolveil. Thai the riirht of henriiig and deivrmininp; all im;iencliinent9 exhibited in ihe United Kingdom of (treat Uritainund Ireland, by the |ieo|ilL* of the 8aic) United Kini^doin, by the ministry of the house of comrnons-, i-> liy the law nndcon-titntionof the Hnid United Ki'i'ibiin vested in Ihe houseof lords.tii Ihe exeliiijion of Ihe hoiisenfeoinMionsAiut of every olher tribunal. Hesnlved, Thai itie exclusive ri^ht of hearin); and deteriniiiiiiKull impeach- ments exhibited in the Uniied Kin^^domof Gioai Hritnin and Ireland, by ihe urcple of the snid United Kin^^dnm, hy the ininistrv of ihe house of cotnihons, being ve'ted in ihe house ofiordb, the house of lonis is iherehy, and thereby only, excluded from all pnriicipation in votin<; or «')kliil>ilinf( any such im- peachment. The offices of nccn.'er andjudsje beiii;; lolally inronipiiiible. Resolved, That the riglil of heuring aiid di-ienitiiiin^ iu))'M'ai'hni^iiiii exhibit- ed in this province by the people of this |ir<)vinc<>, is not ve.it<-d in the legisla- tive council of this province. and that iln- U■((i^lillive council is noi, ilieretore, excluded from n participation in voting or exIiiliitiuK any such impeachment; Resolved, That (he impeachment of the honourable Jonulhan Heviell, hit inajet(y'Hchief justice of this province, by ihe assembly alone, isi an illegal andnlarmingassumplionof power on ihe part of the assembly. Resolved. That (he impeachment of the honourable James Monk, chief jasticenf his majesty's court of kind's bench, for the district of Montreal, by the assembly alone, is au illegal and alurmir.;; assumption of power on (he part of the assembly. Resolved, That (be said impeachment of the honourable Jonatlmn Seivell, and of the honourable James Monk, by Ihe ns-rmbly alone, tend, in iheir Immediate consequences, to deprive this house of its lawful rights and privi- leges; to give to the assembly an ascendency und control over this house, which is entirely incompatible with the due exercise of its legislative powers; and to render the Judges of this province, and all other officers of the crown^ 'lis province, dependant on the the right administration nf justice in this province, but (he right admiuistra- in(his province, dependant on the assembly, and thereby endanger, not only tion of his majesty's provincial government in general. Resolved, That this house duili solemnly protest against the said impeach- inenls of the honourable Jonathan (Jewell, and ine honourable Jumes Monki by (he assembly alone, and against all proceedings wha(ever, which have b«eo and shall be hod on (he said impeachments, or un ei(her of them. F. The order nf his royal highness the prince regent in coiincil, upon the com- plaints of the liouse of assembly of Lower Canada, against (he chief justice of theprovince, (he chief justice of the court of king's bench for ihedisirirt of Montreal, the executive c«>uncil (judges in the court of appeal) and ihe puisne justices of the courts of king's bench for the district of Quebec, and Montreal^ in (lie same province, respecUng (he rules of practice established in those courts, with other documents res|ieciing the decision of his royal highoe^* upon the remainder of (be complaints by the said assembly. No. 1. (For (h!s,see the order in council under (he Ie((cr G. in this Appendix.) No. 2. 8iR, Downing-Strect, Jul^ 23, 1813. Hisrnyal highness (he Prince Regent, having been pleased (o refer to the cnnsiderasion of a committee of the most honourable privy council, certaia artjclesof complaint against you and Mr. Monk, sofar as related to the rules of practice established by yuu intbe courts io which you respectively preside* Itnow becomes my duly (o communica(e to you the result of (hat inquiry, which bavins received (he eo(ire approbadonof his royal highness, is expi'cs- iMd in (be oraer of which (be enclosed is a copy. (No. 1.) The / i r APPENDIX. >■ The officer at present adminiMrrin;; (be Government of Canada, has rfceiy.> ed his Roynl Hi)i;hncs!i'!i cnintnaiids (o comiium'K'ale tliis decision lo ih(> tloiise of A^!«<*mbly{ niid in tniikii))( tliis cnminunicatiun to»tate (he Kruiinds upon which his Royal IliKhnrsKhaHdrrliiirdconsidorinit, as articles of coin|ilain( a- gainii(.vou,(he advice »hichyouareatdifreren(tinif»!t(at<>d (ohaTegiven(o(he precedin;; <lauation. am, Sir, Your most obedient, humble servant, (Signed) BATHURST. To J. Jewell, Esq. ? Chief Justice of JLiower-Canada.S No. 3. Sir, Downing Street^ July Vfth, 1815. I have had the honour of receiving your letter of (he 24(h instant, expressing your apprehension, that as the instructions transmitted to tbe Of- jHcer administering the Government of Canada, do not embrace any other charges brouglu against you and Mr. Monk, than (liose which rela(e to ad- vice given bv you to the Governor, and the Rules of Practice established in your respective Courts, (he House oi' Assembly may be induced to consider yon as not free from blame on the other points of charge, not strictly falling within that description. As the letter addressed to the officer administeriiig the Government of Ca- nada, bears testimony to the uniform proprie(y of^your's and Mr. Monk's conduct, I do not conceive that there can be any ground for the House of Assembly to doubt that your justification is complete : but, 1 aiT> f^lad to have ^n opportunity of slating that the charges not sjiecifically adverted to in my letter, appeared to be, with one exception, or too li((le importance to re« quire consideradon, and that (the one again:-t was approvtvl. Till' rt-nori of the Lords of the Committee is entered at length in ilif ropy of the order; lint it lit iioi (he iiraciite lo iiiiiprt the iinmcit o| the Liir<1> who make the re|)nr( ( yet, as it \* imporiaiit ihtit ii Nlioiitd he known m i'iiiirnld, by whni U'lfih legal authoriiy Ihe said rt-pori wu* made, 1 have ii in ciinimitDii from Ihe Lord President to coiniouiiiculc their names to >ou, and they are as fulluns : The Lord Prfhidbnt, I'iARL HaTIU'HST, Lord l'.L(.K?jn(iiti.i'riii, 8iR William Scott, AlASTrilOFTIIK li'OLLS, Sir John Vkholl, liOHD ClIIEI' JlJMICE GiDBS, Lord Chief Uaroiv. (Signed) I have the honour to be, Sir, Your most obedient humble servant, ClIETWYND. J, Sewell, ^^q. Chief Justice of Lower-Canada. d. (Signed) Goudo.v DnuMMOxb, jidminiitrator in Chief. The Adminis(rnfor-in-Chief hns received the enmmnnds of His Roynl If i^ii. nessihe Prince Regent, tomake known to Ihe Hou-eof Arsemttiy ot (his Pro- vince, his pleasure on the subject of certain rhar^is (in-feried by (hat Ijonsc against the Chief Justice of the Province, and the Chief Justice of (he Court of King's Bench fur the Uistrict of Montreal. With respect to such of (hosr charges a.< relate to acts done by a former CJovernor of the Province, nhich the Assembly assuming lo be iuiprnper or illegal, imputed (o a similar assumption to advice given by the Chitf Justice to iTiat Governor, his Koyal Highness ha- deemed that no iiir^uiry could be necessary; inasmuch as none could be in^litnted wiihoiit tlie arlniis>ionof the principle, that (he Governor of a l^rovince n»)£;(it, at liis own discretion, di- vest himself of all responsibility on points of [loliiical p;ovrniintii(. With a view, therefore, to the general interests of the Province, his Royal Highness was pleased to refer for consideratitn to the Lord^ of the Privy Council, such only of the charges brought by the Assembly lis rclaiid to the Rules of Wactice established by die Jiidgos in their respective ( ourts, those being points upon which if any improprieiy had exiMlcd, ibe Judj^es them- selves were solely responsible. By the annexed copy of His Royal Highness's Order in Council, dated ihe 29th June, 1815, the Administraior-in-Chief convejs to tlie A >enibly the result of this investigtition, which has been conducted with all thai attention an laic Sii Jainr^ (iniK, the AHaiiiiiKlra(nr-lii-(;iiicl Iiha bet- ii J'ui'ihtr comniaiulfd lo siisnit') (o die A!)M*nibly, diat the oilier char^rK np- jiearrd to iii-> MasiKo'n rioveriiineii' in b<>, Hiili one exeriition, too iiuoiiMi- derable to reijiiire iiiveMij^aiioi), and ihut that, (iiamrlv tnr oiip aKninst ihe Llhiri'.lusiice of ihe (.'oar( of Kiiig'ii Hem It fur the Dinirici of Mon(rrnl, uhirh Maten hini lo have i'i*rii' 1 ■i Present : IIU Royal Hi|;hne6s the Prince Reoevt in Council >Vhrrea.H there was thi:t day rend ot the board, a report from n rommit- |ce of the Lordnof his Maje!>iy*i< inoiembly of Lower- Canada, tu your Royal Highness, with certain articles of complaint therein referred to, against Jonathan Sewell, IWa. his Majesty's Chief Justice of the Province of Lower-Canada, and James Monk, L'^quiie, Chief Justice of the Court of King's Bench for the district of Montreal, and ai^o transmitting n Memorial from ihc Lxccuiive Council. Judges in the Court of Appeals, and «if the Puisne Judges of the Court of King's Bench for the District of Que- bec, and of the Cu>irt of King's Bench for the District of Montreal, in the said Province of Lower-Canada, praying to be included in the examinalioa and decision of the said articles of complaint, lugetber with n Petition from the said Jonathan Sewell, Esq. ; in which letter the said Karl Bathurst re* quests that so much of tiie said complaints of the House of Assembly, as re- late to the Rules of Practice, stated to have been introduced by the said Chief Justices into their respective Courts, may be submitted to your Royal Highness in Council, in order that, if such Rules shall be found to have been introduced, it may be decided whether in so doing, tbe said Chief Justicei have exceeded their authority. The Lords of the committee in obedience to your Royal Htghness's said or- der of reference, have taken the said letter and its enclosures into conside* ration, and having received the opinion of bis Majesty's Attorney and Soli- citur-Ceneral, and been attended by them thereon, and having maturely de- liberated upon the complaints of the said House of Assembly, so far as they relate to the said Rules of Practice, their Lordships do agree humbly to re- port as their opinion to your Royal Highness, that the Rules which are made the subject of such complaint of the s^Intion these Courts are invested, and coiisrqiiently tlint neitberlhe said Chief Jiistires nnr the Courts in which (bey pre.sidf have, in mtikingsuch Rules, exrredod their authority, nor have been guilty of any at^siimption of Le^islalive power." Ilis Royal Ilighnoss the Prince Ri-gt^-nt having; taken the said report into ronsideiution, wa^ pleased in (he name and on the behalf of his Majesty, and by and niili the advice uf his Mdjesty's Privy Council, to approve thereof, aiid lo ordtT, as it is hereby orriored, that the* said cninptain(s, so far as they relate to the suid Rules ot Practice, be and (hey are hereby dismissed thi» board. (Signed) JAS. BULLER, (Signed) G. D. H. Resnfved, As the opinion of (his Commiitee, (hat the resistance and oppo- dition of (he Legislative Council of which the said Jonathan Sewell and James Monli, were, and are Members, lo (he rights of the commons of Lower- i\'innda, (o exhibit the said charges, and the obstructions subsequently interposed lo the prosecution uf (hem, urevented this House from being re* presented hy an Agent to maintain ana suppnr( (be charge's. Resolved, As (be opinion of tliis committee, (hat (bis Ilouse has always l)ccn, and is dciiirous of an opportuni(y of bein;; beard on the said charges, :ind of supporting (hem by evidence, and hadi reason to lament that no sucb opportiDiiiy bath hi(her(n been offered (o (hem. JResolved, As the opinion of this committee, that an humble representation and petition, on the behalf of the commons of this Province, (o his Royal liigbness the Prince Regent, be prepared, appealing to the Jugiiceof his M.-ijes(y's Government, aiid praving (ba( an oppor(uni(y may be afforded (o bis Majes(y's du(ifiil commons oi this Province, to be heard upon and a)aio< taiq the said charges. Legisi^ative Council, Saturday, 1st March, 1817. JResolved, Thatnn humble Address be presented to HisRoyal Highness the Prince Regent, liumbly beseeching his Ro^al Highness not to inflict any pu- nishment upon (he honourable Louis Charles Fuuclier, Esq. one of the puisne Justices of (he Court of King's Bench for (lie District of Montreal, in conse- quenceoftheartielesofcomplaini exhibited against him by the Assembly uftbia Province, until such ar(icle8 of complaint shall have been subroi((ed(o the con - itiderationflf (bis House, and (his House shall have concurred (herein, and such articles of complaint after such submission and concurrence shall have been heard and determined in such tribunal as his Royal Highness shall be pleased to appoint for (hat purpose; or, until such articles of complaint, without such submission and concurrence, shall have been heard and determined in due course of justice in this House, under such commission as his Royal Highness shall see lit to issue for (hat purpose, with sucb powers and limitations ay to HisRoyal Highness shall seem meet. 1 al cr th ni fn of Si "I Al in C( tb la as cli l*- in til C( «i in oc ai 1" w di K. i I Sir, Castle of St. Lewis, .< Quebec, 19th Februarr/, 1817. The Chief Justice of the Court of King's Bench, for tbe District of Montreal, having addressed to nM> a letter explana(ory of the cause of hia absence from Mouueal, in March, one tbougand eight hui^red and sixteeo, •• • ■ »t- 8i C' I APPENDIX. at the period when )ltased to direct, that the Assembly, previous to any ulterior proceedings, do adduce without delay, anc* do deliver to his Grace the Governor in Chief, such Documentary Evidence as the^ may consider adequate (o support the Charges nhich they have brought against Mr. Jus- tice Foiicher, and thatcopiesof such charges of sucb Documentary Evidence, and (it the exaDiinaliuns already taken and annexed to the charges be then transmitted by his Grace the Governor in Chief, to Mr. Justice Foucher, for ills answer and defence. And his Royul Highness has been further p)e.ised to direct, that the answer and defence of Mr. Justice Foucher, be by his Grace the Governor in Chief, comniuiiicated to the Assembly, for their reply, and that Ihe whole of the Diicuinonts, as soon as the reply of t!ie Assembly shall be received, shall be by iiim (lansmiitod to his Royal Highness the Prince Regent, for such further course as the ciuc may require. Rd. &c.