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 IMPORTANT 
 
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 PUBLIC DOCUMENTS 
 
 *» KELATIVfi TO THE LATK 
 
 CHANGES IN THE EXECUTIVE COUNCIL. 
 
 ADDRESS OF THE HOUSE OF ASSEM- 
 
 BLY. 
 
 Tt Hit ExctUency, Sir FRxscia Bohp Hba»» 
 e. C. H. S,-c, tfc. Src. 
 
 ^Mat it please Your Excellency: 
 
 We, Ilis Majesty's dutiful and 
 loyal subjects, the Commons of Upper 
 {Canada in Provincial Parliament assem- 
 i)>led, humbly beg leave to inform Your 
 ||Sxcellency, that this House, considering 
 Itho apjjointment of a responsible Execu. 
 jtive Council to advise Your Excellency 
 ion the affairs of the Province, to be one 
 [of Ihe most happy and wise features in 
 jthe Constitution, and essential to the 
 warn of our Government, and one of the 
 [iBtroBgest securities for a just and equit- 
 able administration, and eminently calcu. 
 lated to ensure the full enjoyment of our 
 jcivil and religious rights and privileges, 
 I has lately learned, with no small degree 
 of surprise and anxiety, that the Execu- 
 itive Council so recently formed for the 
 j purpose above stated, (as we presume,) 
 Icaasiating of six members, did, on Satur- 
 iday the 12th instant, unanimously tender 
 to Your Excellency their resignations, 
 and that Your Excellency was pleased to 
 •ecept ^he same ; and humbly to request 
 Your Excellency to inform this House, 
 without delay, whether such are the facts, 
 and also to co«iimunicate to this House 
 full information relative to the cause of 
 l^liMgreeiDeat between Your Excellency 
 and your said late Executive Council, as 
 \hx as lies in Your Excellency's power to 
 make known; as also to furnish this 
 House with Copies of all coannanicjUions 
 
 between Your Excellency and your said 
 late Couucil, or any of them, on the sub- 
 ject of such disagreement and subsequent 
 lender of resignation. • ': 
 
 (Signed) M. S. BIDWELL, Spaaker. 
 Commons* House of Assembly, i 
 1 4th March, 1836. { 
 
 HIS EXCELLENCY'S REPLY. '• 
 Gentlemen, — Nothing can appear 
 more reasonable to my mind, than tho 
 surprise and anxiety which the Houm of 
 Assembly express to me at the inteili- 
 gence they have received of the sudden 
 resignation of the six members of the 
 Executive Council ; for with both these 
 feelings I was myself deeply impressed, 
 when, firmly relying on the advice, as- 
 sistance, and cordial cooperation of my 
 Council, I unexpectedly received from 
 them the embarrassing document which, 
 with my reply thereto, I now, at the re. 
 quest of the House of Assembly, willingly 
 present to you. i. 
 
 With every desire to consult my Coun- 
 cil, I was preparing for their considera- 
 tion important remedial measures, which 
 i conceived it would be advisable to 
 adopt, and had they but afforded me those 
 few moments for reflection which, from 
 my sudden arrival among you, I fancied I 
 might fairly have claimed as my due, the 
 question which so unnecessarily they have 
 agitated, would have proved praotieally to 
 be useless. 
 
 Had they chosen to have verbaHy sul>- 
 mitted to me in Council, that respoosfbi- 
 lity, and consequently the power and 
 
1^. 
 
 w©^ 
 
 w^^ 
 
 ExBCUTivu Council Chamber at Toronto, 
 Friday, 4th March, 1836. 
 
 To His Excellency Sir Francis Bono Hkab, 
 K. C. II. '£rc. ire. ire. 
 
 May it please Your Excellency: 
 
 The Executive Council, impressed 
 with the oath they huve taken to discharge 
 
 patronage, of the Lieutenant Governor because tieing sworn to silence, they are 
 ought henceforward to be transferred deprived by this fact, as well as by the 
 from him to them,---had they even in the Constitution, of all power to defend them, 
 unusual form of a written petition, recom. selves, 
 mended to my attention, as a new theory, 
 that the Council, instead of the Governor, 
 was to be responsible to the people, I 
 should have raised no objection whatever 
 to the proceeding, however in opinion I 
 might have opposed it ; but, when they 
 simultaneously declared, not that scoh 
 ought to be, but that such {ictiially 
 WAS the law of the land, and con- 
 cluded their statement, by praying. that a the duties necessarily resulting from their 
 Countii, svv'orn in secrecy to assist me, appointment " to advise the King and his % 
 ,, might be permitted, in case I disapproved Representative in the Government of this 
 
 of their Oj)aiion, to communicate with the Province," in the terms of the Constitii. || 
 
 public, I felt it my duty, calmly and with tional Act, " upon the affairs of the Pro. 
 
 due courtesy to inf«rni ihem, that they vince," deem it incumbent upon themi 
 
 could not retain such principles together most respectfully to submit the following ' 
 
 with my confidence — and to this opinion representation: — • . • 
 
 I continue sledfastly to adhere. The Executive Council recognize the 
 
 I feel confident that the House of As. truth of the opinion expressed by Lokd 
 
 sembly will be sensible, ihat the power Glenklg, that " the present is an era of 
 
 entrusted to me by our Gracious So. more difficulty and importance thanj any 
 
 vereign, is a subject of painful anxiety — which has hitherto occurred in the history 
 
 thftt from the patronage of this Province of this part of His Majesty's dominions." 
 
 I can derive no advantage — and that I Tiiis unhappy condition they ascribe, in il 
 
 can have no object in retaining undivided a very great degree, to the h therto un.|| 
 
 responsibility, except that which proceeds constitutional abridgment of the duties of 
 
 from a just desire to be constitutionally the Executive Council. It appears frornlj 
 
 answerable to His Majesty, in case I the proceedings of the House of Assem- 
 
 should neglect the interests of his sub. biy, and from the reiteration of establish, 
 
 jects in this Province. ed opinion in the country, that neither 
 
 With these sentiments I transmit to the will public expectation be satisfied, norl 
 House of Assembly the documents they contentn)ent be restored, until the system 
 have requested, feeling confident that I of Local Government is altered and con- 
 can give them no surer proof of my de- ducted according to the true spirit and 
 •ire to preserve their privileges inviolate, meaning of the Constitutional Act. The 
 than by proving to them that I am equally delay of this just and indispensable course 
 determined to maintain the rights and has already excited in the great mass of 
 prerogatives of Mc Croi/m, one of the most the people, a lamentable jealousy and 
 prominent of which is, that which I have distrust, and has also induced the discus- 
 just assumed, of naming those Councillors sion of constitutional changes, the desire 1 
 in whom I conscientiously believe I can for which, unless speedily arrested, by 
 confide. affording the unrestricted operation of the | 
 
 For timr acts I deliberately declare 31st George 3rd. chap. 31, will not only 
 
 myself to be responsible, but they are not become more fixed, but rafTidly increase 
 
 fesponsible for mine, and cannot be, to a greater and irretrievable extent. 
 
 The 
 led to tl 
 under ( 
 cil, or 
 Neverl 
 deserve 
 proach 
 prevale 
 ed upo 
 them b; 
 public 
 thus thi 
 ously a 
 by disa 
 ticipati( 
 .which I 
 have a 
 this sil 
 has bee 
 that the 
 ant witi 
 which t 
 althoug 
 ally pre 
 Govern 
 ever b 
 state o 
 nity to 
 
 Publ 
 tive C 
 founde 
 3, cha[ 
 pie use 
 attachr 
 never 
 Consti 
 cordinj 
 
 In s 
 chap, 
 tioned 
 clause 
 Execu 
 by Hi 
 Provin 
 have 
 such : 
 pointe 
 In the 
 the ad 
 
hey are 
 by the 
 id them. 
 
 OROMTO, 
 
 836. 
 Bond Hiao, 
 
 n pressed 
 ischar^e 
 "rom their 
 g and his 
 intof this 
 Constitii. |! 
 the Pro.; 
 )on them;, 
 following ^1 
 
 vC>l 
 
 -i>» 
 
 gnize 
 
 the 
 by Lord 
 an era of 
 tha|j any 
 he history 
 iminions." 
 scribe, in 
 therto un.Ji 
 B duties of I 
 •ears fromyf 
 )f Assom.^ 
 establish.^ 
 at neither ^1 
 sfied, nor 
 he system 
 I and con. 
 spirit and 
 ict. The 
 ble course 
 it mass of 
 ousy and 
 he discus- 
 the desire 
 •esled, by 
 lion of the 
 1 not only 
 J increase 
 xtent. 
 
 The policy and measures which have shall have been appointed by His Ma- 
 
 led to the present condition, seldom passed jesty, his heirs, or successors, within 
 
 under the review of the li)xecutive Coun- such Province for the affairs thereof/' 
 
 oil, or were submitted fcr their advicu. and not, as it would otherwise have 
 
 Nevertheless, its members have been un been expressed, " with the advice of such 
 
 deservedly subjected to the heaviest re- Executive Council as shall have been 
 
 proach throughout the country, from a appointed by His xMajesty, his heirs, or 
 
 prevalent belief that they have been call- successors, within the Province /or thai 
 
 ed upon to fulfil the duty imposed upon purpose.^* 
 
 them by the Constitution, as advisers upon The same may be said of similar terms 
 
 public affairs. But amidst the obloquy used in the latter part of the seventji 
 
 thus thrown upon them, they have studi- clause. ' '5' 
 
 ously avoided any attempt at cxcjlpation, With respect to which clauses it may 
 
 by disavowing, in their defence, any par- be further remarked, tnat had it been 
 
 ticipation in the conduct of the affairs contemplated that the Executive Council 
 
 which they were erroneonsly supposed to were to act only in the matters therein 
 have approved. The consequence of specified, the words "on the afiiiirs of 
 
 this silent endurance of political odium, such Province" might have been omitted, 
 has been the perpetuation of the misbelief witjiout in the least impairing the legal 
 
 that the Executive Council are convers- effect. In the construction, therefore, of 
 
 ant with the affairs of the Province, upon this Statute, the above expression can not 
 
 which they are appointed to advise : and be treated as surplussage. but must be 
 
 although an opposite practice has gener- taken to impose the duty which it imports, 
 
 ally prevailed between former Lieutenant From the language of this Statute> 
 
 Governors and their Council, yet it has therefore, it appears — 
 
 ever been notoriously contrary to the Firstly, — That there is an E xecutive 
 
 state of things presumed by the commu- Council. , vV 
 
 nity to exist. Secondly, — That they are appointed fey 
 
 Public opinion respecting the Execa- the King. 
 
 tive Council and their duties, has been Thirdly, — That they are appointed to 
 
 founded upon the terms of the 31st Geo. advise the King, and his Representative, 
 
 3, chapter 31, to which Statute the peo- upon ^^ the affairs of the Province" — ^^no 
 
 pie used to express a firm attachment, an particular affairs are specified : no lin^i- 
 
 attachment >vhich the Council believe tation to any particular time or subject. 
 
 never would have been impaired had the 
 Constitution been administered either ac- 
 cording to its letter or its spirit. 
 
 In several clauses of 3lst George 3, 
 chap. 31, the Executive Council is men- 
 tioned in general terms. In the 34th 
 clause the terms are "together with such 
 
 As the Constitutional Act prescribes to 
 the Council the latitude of " the affairs of 
 the Province," it requires an equal autho- 
 rity of law to narrow those limits, or 
 relieve the Council from .a co-extensiye 
 duty. 
 
 Every Representative of the King, 
 
 Executive Council as shall be appointed upon arriving from England to assume 
 by His Majesty for the afiairs of such the Government of this country, is neces- 
 Province," and not as it would otherwise sarily a stranger to it ; and the law has 
 have been expressed, " together with provided for a Loca) Council as a source 
 such Executive council as shall be ap- of advice, which when given, is followed 
 pointed by His M^^eaiy for that purpose. ^^ or not, according to his discretion. 
 In the 38th clause the terms are " with^^- In certain cases specified in the 38ti> 
 the advice of such Executive Council as clause of the 31 Geo. 3, chap. 31, t^" 
 
Bi > 
 
 w©^ 
 
 ^ 
 
 «.«^ 
 
 eoncurrence of the Council is required to 
 give effect to certain Executive Acts. 
 But these exceptions prove the general 
 rule, viz : that while the advice is to be 
 given upon Ihe affairs of the Province 
 generally, it is only in the particular cases 
 that it must harmonize with the pleasure 
 of the Crown, to give that pleasure effect. 
 Indeed, if the law could be construed to 
 limit the advice to the particular cases, it 
 would follow that the Council could not 
 legally and constitutionally advise upon 
 any others ; a proposition which, besides 
 it.*^ manifest repugnance to the terms of 
 the Act, is contrary to received opinion 
 and usage. 
 
 But while the Constitution has assign- 
 ed to the Council this duty, it is only to 
 a very subordinate and limited extent that 
 ibey have heretofore had opportunity 
 afibrded them to perform it. It is sub. 
 mitted that the exigency of the Statute 
 can only be answered by allowing the 
 affairs of the Province to pass under their 
 review fur such advice as their consci. 
 ences may suggest, preparatory to the 
 final and discretionary action of the 
 Icing's Representative, upon those affairs. 
 
 The Council meeting once a week upon 
 Land matters, while the affairs of the 
 country are withheld from their consider- 
 ation and advice, is as imperfect a fulfil- 
 ment of the Constitutional Act, as if the 
 Provincial Parliament were summoned 
 once a year, to meet the letter of the law, 
 and immediately prorogued upon answer, 
 ingthe Speech from the Throne. In both 
 cases the true meaning and spirit of the 
 Constitutional Act require, that the Par- 
 liament should have a general and prac 
 ticable opportunity to legislate, and the 
 Executive Cpunoil to advise, upon the af. 
 fairs of the country. In the former case, 
 the Representative of the King can with, 
 hold the Royal Assent from bills, and in 
 the latter, reject the advice offered ; but 
 their respective proceedings cannot be 
 coBStiljiitipnally circumscribed or denied 
 Vecause ihey need the expression of the 
 
 Royal pleasure thereon for their consum- 
 mation. 
 
 The extent and importance of the affairs 
 of the Country have necessarily increased 
 with its population, wealih and commerce, 
 and the Constitution has anticipated the 
 difficulty, by u division of labour and re. 
 sponsibilily, from the active attention of 
 the Executive Council to their duties. — 
 With the exception of those matters of bo 
 weighty or general a character as not 
 properly to fail under any particular de- 
 partment, and therefore fitted for the de- 
 liberation of the Council collectivelv, it is 
 recommended, that the affairs of the Pro- 
 vince be distributed into Departments, to 
 the headd of which shall i>e referred such 
 matters as obviously appertain to them 
 respectively. Upon this principle (re- 
 cognized by the existing Constitution of 
 this Province and of the mother country) 
 the people have long and anxiously sought r 
 for the administration of their Govern- 
 ment, under the Representative of the 
 King ; and the Council most respectfully, 
 but at the same time earnestly represent, 
 that public opinion upon the subject is so . 
 fixed, and* becoming so impatient, us to 
 preclude the possibility of denying or de- 
 laying the measure, without increasing 
 public dissatisfaction, and leading to the 
 final adoption of other views, as already 
 too pniversaliy manifested, uncongenial 
 to the genius of the Constitution, and 
 most dangerous to the connection with the 
 Parent State. 
 
 The remedy, it is feared, is now pro. 
 posed too late for all the advantages de- 
 sired ; but the longer it is withheld, the 
 more alienated and irreconcilable will the 
 public mind become. The present com- 
 parative calm and thankfulness arise from 
 a belief that the Council will second this 
 exigency, in establishing a system of Go- 
 vernment, according to the prif:ciples re- 
 cognized by the charter of the liberties of; 
 the country — an expectation which the 
 Council are most anxious to realize. 
 
 Should such a course not be deemed i 
 
*-^* %} *-'^^ 
 
 wide or ndinissible by the Lieutenant Go. 
 vernor, the Council most respectfully pray 
 that thoy may be allowed to disabuse the 
 public tVom a misapprehension of the na- 
 ture and extent of the duties confided to 
 them. 
 
 (Signed,) 
 
 PETER ROBINSON, 
 GEORGE H. MARKLAND, 
 JOSEPH WELLS, 
 JOHN H. DUNN, 
 ROBERT BALDWIN, 
 JOHN ROLPIL 
 
 HIS KXCRLI^EXCY S REPLY. 
 
 F. B. Head. 
 
 The Lieutenant Governor transmits 
 to the Executive Council the following 
 observations, in reply to the document 
 which, in Council, they yesterday ad- 
 dressed to him. 
 
 The Constitution of a British Colony 
 resembles, but is not identical with, the 
 Constitution of the Mother Country — for 
 in England, besides the House of Com- 
 mons, which represents the people, there 
 exists a hereditary nobility, the honours 
 and wealth of which, as well as the in- 
 terests of the Established Church, are re. 
 presented by a House of Lords, while the 
 Sovereign (who, by law, can do no wrong) 
 is surrounded by a Ministry upon whom 
 devolves the entire responsibility of the 
 measures they suggest, and who are con- 
 sequently removable at pleasure. But in 
 the Colonial portion of the British Em- 
 pire, which, however rising, is generally 
 speaking thinly inhabited, the people are 
 represented by their H<yse of Assembly, 
 which is gifted not only with the same 
 command overthe supplies as in England, 
 but which possesses within the Colony, 
 most of the powers of the British House 
 of Commons. The Legislative Council 
 is intended, as far as the circumstances of 
 a young Colony can permit, to resemble 
 the British House of Lords ; and if the 
 Lieutenant Governor stood in the place 
 
 of tho Sovereign — and if, like Hia Maje^i. 
 ty, he could do no wrong, it would evi- 
 dently be necessary that a Ministry, Ex. 
 ecutive Council, or some other body of 
 men should be appointed, who might be 
 responsible to the country for their con. 
 duct. 
 
 This, however, is not the case. Hia 
 Majesty delegates his Sovereign protec 
 lion of his Colonies to no one, but he 
 appoints a Lieutenant Governor, who is 
 responsible to him for his behaviour, who 
 is subject to impeachment for neglecting 
 the interests of the people, and who is 
 liable, like the English Ministry, to imme. 
 diato removal ; and the history of tho 
 British Colonies clearly shews, that there 
 is no class or individual of His Majesty'n 
 subjects to whose representation, prayer 
 or petition, the King is not most willing 
 to attend. 
 
 The liieutenant Governor is, therefore, 
 the responsible Minister of the Colony ;. 
 and as not only his character, but his con- 
 tinuance in office depend on his attending 
 to the real interests of the people, it 
 would be evidently as unjust towards him 
 that he should be liable to impeachment 
 for any acts but his own, as it would be 
 unjust towards the people, that a respon> 
 sibility so highly important to their inter. 
 ests should be intangible and divided. It 
 is true 'lis knowledge df the country is 
 not equal to that of many intelligent indi< 
 viduals within it ; but in governmenv% im- 
 partiality is better than knowledge, and 
 it must be evident to every well constitut- 
 ed mind, that in an infant state of society 
 it would be impossible practicajly to 
 secure a sufficient number of impartial 
 persons to effect a change of JVIinistrv, 
 as often as it might be necessary for the 
 interests of the people to do so. 
 
 This difference between the Constita< 
 tion of the mother country and that of 
 its colony is highly advantageous to the 
 latter — for, as in all small communities 
 private interests and party feetings mtist 
 unavoidably be conflicting^ it is better &|i 
 
..♦J 
 
 Mi» 6 
 
 <<>» 
 
 W 
 
 well 89 safer tliat the people should be 
 enabled to appeal in person, or by petition, 
 to the Lieutenant Governor himself, 
 whose duty it is to redress their com. 
 plaints, and who is liable to dismissal if 
 he neglects them, than that they should 
 appeal to a series of Provincial Ministries, 
 composed of various individuals. 
 
 To enable the Lieutenant Governor lo 
 perform the arduous duties of his office, 
 the Constitution has wisely provided him 
 with an Executive Council, competeiit to 
 supply him with that local knowledge in 
 which he may be deficient, and to wluom 
 he may apply for counsel and advice. 
 
 Before he entrusts himself to those 
 Gentlemen, they are by order of His 
 Majesty required solemnly to swear, not 
 only to give to the Lieutenant Governor 
 their best counsel and advice, but they 
 are also sworn to secrecy. 
 
 Their individual opinions can never be 
 divulged, even to the King ; and as a 
 proof that His Mnjesty does not hold them 
 responsiblo for the acts of his Lieutenant 
 Governor, they can retain, and often do 
 retain, their office of sworn advisers, 
 although Governor after Governor may 
 have been dismissed. 
 
 The advantage of such a Council to a 
 Lieutenant Governor is so self-evident, 
 that he must be weak and self-sufficient 
 indeed who does not continually have 
 recourse to it ; but although it strength. 
 ens his judgment, and confers dignity on 
 Siis proceedings, yet, in no way does it 
 shield him from disgrace, should his acts 
 be found contrary to the interests of the 
 people. In such a case it would be vain, 
 as well as unconstitutional, .for a Lieuten. 
 ant Governor to attempt to shield himself 
 from responsibility, by throwing it upon 
 his Council ; for by his oath he cannot 
 even divulge which of his advisers may 
 have misled' him. Supposing, for in. 
 stance, that with the concurrent advice 
 of his Council, he was illegally to eject 
 by military force an individual from his 
 iandj the Lieutenant Governor would be 
 
 liable to arraignment, and wlioliier he 
 had acted by the opinion of the Law Offi. 
 cers of the Crown — by the advice of his 
 Council — by information derived from 
 books — or from his own erring judgment, 
 it has been wisely decreed that the injured 
 subject shall look to him, and him alone, 
 for retribution, and that he, and he alone, 
 is answerable to his Sovereign for the act 
 of injustice which has been committed. 
 
 Reing therefore subject both to punish- 
 ment and disgrace, it is absolutely neces. 
 sary, as well as just, that the Lieutenant 
 Governor of a C( lony should have full 
 liberty to act (though at his peril) ia every 
 case as he may lliink best for the interests 
 of the people, according to the commands 
 of His Majesty, and of His Majesty's 
 Ministers. To consult his Council on the 
 innumerable subjects upon which he has 
 daily to decide, would be as utterly im- 
 possible as for any one but himself to 
 decide upon what points his mind requir- 
 ed, or needed not, the advice of his Coun- 
 cil. Upon their sterling fund he must 
 therefore constitutionally draw whenever 
 embarrassment requires it, and on their 
 part, if they faithfully honour his bills, 
 however often he may present them, they 
 conscientiously fulfil to their Sovereign, 
 to Him, to their Country, and to their 
 Oath, the important duty which they have 
 sworn in secrecy to perform. 
 
 Having concluded the above outline of 
 the relative responsibility of the Lieuten- 
 ant Governor and his Executive Council, 
 as it regards His Majesty's Colonies in 
 general, it may be observed with respect 
 to this Province in particular, that when 
 His Majesty, by conquest, first obtained 
 possession of the Canadas, the Govern- 
 ment thereof devolved upon the I .lilary 
 Commander, until by an Act passed in the 
 14th year of George HI, a Council was 
 appointed " for the affiiirs of the Province 
 of Quebec, to consist of such persons 
 resident therein (not exceeding twenty- 
 three nor less than seventeen) as His 
 Majesty, His Heirs and Successors, shall 
 
^ 
 
 u5>» 
 
 M»^ 
 
 |er iie 
 
 Offi. 
 
 lof hiii 
 
 from 
 
 ;ment, 
 
 Injured 
 
 [alone, 
 
 alone, 
 
 the act 
 
 Ited. 
 
 )unish- 
 
 neces- 
 
 tenant 
 
 ve full 
 
 ii every 
 
 terests 
 
 nmands 
 
 ajesty's 
 
 1 on the 
 
 he has 
 
 !rlv im- 
 
 mself to 
 
 i requir- 
 
 is Coun. 
 
 \e must 
 
 henever 
 
 on their 
 
 lis bills, 
 
 en), they 
 
 >vereign, 
 
 to their 
 
 ley have 
 
 utline of 
 Lieuten- 
 Council, 
 lonies in 
 1 respect 
 lat when 
 obtained 
 Govern. 
 
 1 .lilary 
 icd in the 
 incil was 
 Province 
 
 persons 
 T twenty- 
 ) as His 
 ors, shall 
 
 be pleased to appoint, which Council so nor is by authority of His Majesty's Go. 
 appointed and nominated, or the major vernment, and with the advice of th« 
 part thereof, shall have power and au- Executive Council, *< empowered lo ereol 
 thority to make ordinances f)r the peace, Parsonages and Rectories," but in section 
 welfare, and ^ood government of the s»id 39 no mention nvhatever is made of the 
 Vrov'mce^ with the consent of His Majesty's Executive Council, but on the contrary, 
 Governor " it is declared, that the Governor or Lieu* 
 
 This power of the Council was f irther tenant Governor, or person administering 
 restricted by certain important limi(ation!<i, the Government, should present the in< 
 specified in clauses 13, 14, 15, 10, and cumbent " to every such Parsonage or 
 17, of the said Act ; however, in the Rectory." ^^^^ 
 
 year 1791, n new Act was passed, com- In the fifty clauses of this Act in ques-. 
 mooly called the Constitutional Act, be< tion, the Executive Council, which in 
 cause it settled the constitution of the section 34 is merely described as " such 
 Canadas, which were *hen divided into Executive Council as shall be appointed 
 the Upper and Lower Provinces. by His Majesiy," is scarcely mentioned, 
 
 By this Act, the Military domination and as regards even its existence, the 
 of the General and his Council was most liberol construction which can 
 changed for a new and bt'ttcr system ; possibly be put upon the said Act only 
 and as evidently both could not exist amounts to this — That as. an Executive 
 together, the very first clause in the Act Council was evidently intended to exist, 
 declared — "That so much of the late Act the remnant of the old one ought not to bo 
 (l4th Geo. HI.) as in any manner relates deemed totally extinct until its successor 
 to the appointment of a council for the was appointed. 
 
 affairs of the said Province of Quebec, However, this latent intention of Hia 
 or to the power given by the said Act to Majesty to create a Council for each of 
 the said council, or to the major part of the Provinces of His Canadian dominions, 
 them, to make ordinances for the peace, was soon clearly divulged in a most im- 
 welfare, and good government of the portant document, commonly called "/Ae 
 said Province, with the consent of His iTin^'s Tnsfru^/ions," in which an Execu. 
 Majesty's Governor, Lieutenant. Gover- tivo Council was regularly constituted 
 nor, or Commander-in-Chief for the time and declared as follows : — 
 being, shall he, and the same is re- "Whereas, we have thought fit that 
 PEALED." there should be an Executive Council for 
 
 The Act then proceeds to state, "That assisting you, or the Lieutenant Gover- 
 there shall be within each of the said nor, or Person administering the Govern- 
 Provinces respectively, a Legislative ment of the said Province of Upper Can- 
 Council and an Assembly," the duties ada for the time being, we do by theso 
 and privileges of which are minufely presents non.uatt and appoint the under. 
 ■ declared in thirty-three consecutive mentioned persons to be of the Executive 
 clauses' ; but in no part of the said Act Council of our said Province of Upper 
 is an Executive Council directly or indi- Canada," &;c. <kc. &c. 
 rectly created ; nevertheless, a vestige In subcequenl clauses it was equally 
 of the ancient one is for the purpose of precisely defined upon what affairs of the 
 a court of Appeal, (vide clause 34) reoog- Province the Lieutenant Governor was to 
 nised, with an expression which seemed act, " with the advice oj the Executive 
 to intimate, that an efficient Executive Council," but with the view distinctly, to 
 Council would very shortly be created. prevent the new Council being what the 
 
 For instance, in section 88, the Gover. old one had been (which indeed under the 
 
 'I 
 

 ■^ t 
 
 *<9^ 
 
 8 
 
 "i>» 
 
 fr.i 
 
 new constitution was utterly impossible,) 
 fTf short, to set that question at rest for 
 ever, it was declared in section 8, " that 
 to the end that our said Executive Coun. 
 cil may be assisting to you in all affairs 
 relating to our service, you are to com- 
 municate to them such and so many of our 
 instructions wherein their advice is men- 
 tionedto be requisite, and likewise all such 
 others from time to time ns you shall 
 FIND CONVENIENT for OUT servicc to bo 
 imparted to them." 
 
 The Lieutenant Governor having now 
 transmitted to the Executive Council his 
 opinion of their duties, in contradistinction 
 to that contained in their communication 
 to him of yesterday's date, will not ex- 
 press the feelings of regret with which, 
 under a heavy pressure of business, he 
 utiexpectedly received a document of so 
 unusiial a nature, from Gentlemen upon 
 whom he had only recently placed his 
 implicit and unqualified reliance. 
 
 But he feels it incumbent upon him 
 frankly and explicitly to state, that to the 
 opinions ,they have expressed, he can 
 never subscribe — on the contrary, that so 
 long as he shall continue to be Lieuten- 
 ant Governor of this Province, he will 
 never allow his Executive Council offi- 
 cially to assume that heavy responsibility 
 which he owes to his Sovereign, as well 
 as to the people of this Province, to whom 
 he has solemnly pledged himself " to 
 maintain (he Jiappy Constitution of this 
 country inviolate, but cautiously, yet effectn. 
 aitly to correct all real grietmnces." 
 
 The Lieutenant Governor maintains 
 that the responsibility to the people (who 
 are already represented by their House 
 of Assembly,) which the Council assume, 
 is unconstitution,al, — that it is the duty of 
 tbe Council to serve him, not them ; and 
 thatif t^oti so vital a principle they persist 
 iO'^'contrary opinion, he fores-es embar. 
 raibmehts of a ihost serioui nature — for 
 
 as power and responsibility must, in com. 
 mon justice, bo inseparably connected 
 with each other, it is evident to the Lieut. 
 Governor, that if iho Council were onco 
 to be permitted to assume the latter, they 
 would immediately, as their right, demand 
 ihe former ; in which case, if thd interests 
 of the people should be neglected, to 
 whom could they look for redress 7 For 
 in the confusion between the Governor, 
 and an oligarchy composed of a few 
 dominant families, shielded by secrecy, 
 would not all tangible responsibility have 
 vanished ? 
 
 The Council cannot have forgotten, 
 that previous to their firdt meeting in the 
 Council Chamber, which happened only 
 a few weeks ago, the Lieutenant Govern- 
 or had assured ihem in a note, (which was 
 even publicly read in the House of As- 
 sembly) that although he had no prelimi. 
 nary conditions to accede io, or to require, 
 it was his intention to treat them with 
 implicit confidence ; and the council 
 must also remember how willingly they 
 approved of the very first suggestion he 
 made to them, namely, that no important 
 business should be commenced m council, 
 until they as well ns the Lieutenant 
 Governor himself, had become mutually 
 acquainted with their respective duties. 
 
 The Lieutenant Governor assures the 
 council, that his estimation of their talents 
 and integrity, as well as his personal re- 
 gard for them, remain unshaken, and that 
 he is not insensible of the difficulties to 
 which he will bo exposed, should they 
 deem it necessary to leave him. At the 
 same time, should they be of opinion that 
 the oath they have taken requires them to 
 retire from his confidence, rather than 
 from the principles they have avowed, he 
 begs that on his account they will not for 
 a moment hesitate to do so. <" 
 
 Government House, 
 Toronto, March 5, 183&. 
 
 ):<»' 
 
 i 
 
 »v. 
 
^s 
 
 in com- 
 nnecteil 
 9 Lieut. I 
 ro onco 
 pr, they ' 
 demanfl 
 nterests 
 cted, to 
 I? For 
 )veriK>r, 
 ' a few 
 lecrvcy, 
 ity have 
 
 >rgolten, 
 ig in the 
 led only 
 Govern- 
 ^lich was 
 I of Aa- 
 prelimi< 
 I require, 
 em with 
 
 council 
 igly they 
 istion he 
 Tiportant 
 
 council, 
 eutenant 
 mutually 
 duties, 
 aures the 
 ir talents 
 sonal re- 
 
 and that 
 cullies to 
 uld they 
 At the 
 nion that 
 s them to 
 
 her than 
 owed, he 
 ill not for 
 
 ADI^RESS or tiim COMfMOK COUNCIL or rna CITV' OF TORONTO. 
 
 To Hit RxctlUMf Sir F«ANnt Bomp Hiad, 
 K. a H., 4c. 4re. <{■« 
 
 Mav it plrasb Your Kxcbllknct : 
 
 We, Ilifl Mnjesty'ii dutiful and loyal snb- 
 jpcta the Mayor, Aldermen and Cominunalty 
 of the City of Toronto, most respectfully beg 
 leave to state, tha. at the present most difii- 
 cult and important era in the history of thid 
 Province, when this Council had fondly hoped 
 that the appointment of Your Excellency to 
 the {fovernnient of this ooimlry, with the ac- 
 cession to the Executive Council appointed 
 for the affairs thereof of gentlemen ot integ- 
 rity and talent, known to possess liberal con- 
 stitutional principles, would have secured to 
 its inhabitants that wise, juar, and liberal poli- 
 cy so imperiously demanded, toetrengthen the 
 bonds of union between the Mother Country 
 and the Colony; this Council have with ex- 
 treme regret and surprise witnessed their just 
 anticipation 'j'.^stroyed by the dissolution of 
 the late Executive Council an'l the appoint, 
 ment of another in their steadi, composed of 
 gentlemen who, however worlhy in their in* 
 dividual private capacity, arc incapable from 
 their well known political views of giving sat- 
 isfaction to the people, and.Uutibis Council, 
 as the representatives of the inhabitants of the 
 capital of Upper Canada (from this as well as 
 other causes not necessary to be liere explain- 
 ed on account of their general notoriety,) hav6 
 no confidence whatever in the present l^rovin> 
 cial administration, not deeming them compe- 
 tent to advise with the Representative of our 
 Most Gracious Sovereign upon the peace, wel- 
 fare, and prosperity of the Province. 
 
 VVe therefore niost humbly pray Your Ex- 
 cellency to be pleased to dismiss Your present 
 advisers, and call to Your Council, geutlemoh 
 possessing tlie public confidence, as the oiily 
 measure in the opinion of this Council calcu- 
 lated to insure the tranquillity of the Province 
 at the preisent crisis. 
 
 HIS KXOELLENC¥ S REPLY. 
 
 Mr. MAvCft and GsNTtkitlBy :— The ptir. 
 iticular interest #hrch I take in the w'elfaris of 
 [this Capital, of which I am mry^erf an inhabtt^ 
 lant, inducieis iVi^ to reply at some lefhgfh to the 
 isfddr^sd I hAve just i^c'ervisd frbtn ybu, ih 
 |which yon state, 
 
 IM.— That you hav« no eopddenod ih what 
 
 you term <* the present Provincial Adminit' 
 tration," and 
 
 !2ndly.— Thot you beg leave to name for 
 me, other individuals for thnt slution. 
 
 With respect to a " Provincial Adminit* 
 tration," although no such power cxis's in 
 this or any other colony of the British Empire, 
 I niny remark, that very shortly after the lato 
 addition to the Executive Council. I obaerved 
 that great efforts were making to delude and 
 persuade the public mind that the new (coun- 
 cil were entitled to claim the responsibility, 
 power, and patronage of the Lieutenant Gpr 
 vernor, and that such an arranizoment would 
 be liighly advantageous to the people. 
 
 Finding that this new theory was rapidly 
 gaining ground, I resolved to ofi'ur it no secret 
 opposition, nor in any way to exert my influ- 
 ence to oppose it ; but I deterioined the very 
 first time it tihould comfi weil within my reach, 
 that I would drag it into dny light, in order 
 that it might be openly, fairly, and constitu- 
 tionally discussed. 
 
 From several places I subsequently received 
 addresses on the subject; which I did not deem 
 it advisable to notice ; but to my astonishment 
 there suddenly appeared from a quarter from 
 which I certainly least expected it, namely, 
 from the Executive Council itself, a document 
 (a copy of which had been inecribed in tho 
 Minutes of the Council, signed by all the si?: 
 Councillors,) openly declaring tlitft what had 
 secretly been promulgated respecting the 
 powers of the Executive Council, was actually 
 the law of the land! 
 
 The question being fairly before me, I de- 
 liberately opposed It — accepted the resignation 
 of the six Councillors, ar:d at the request of 
 the Assembly I laid before that Mouse tho 
 communication I had reiceived from tiieCenn. 
 cil, with my reply. 
 
 The subject was thus fbi'mally brought before 
 the public, and having performed this duty, I 
 felt comparatively fndifferent as to the result ; 
 for if the power at)d patronage of ihw Pro* 
 vince, which have hitherto been itiTested intfio 
 Lreiut. Governor, rfeatly belong to h-tsCotnic^, 
 I consider t!hat without neiluctanc^ they ougfht- 
 at 6t;)C6 to be del'ivered up and secured t6 iimva. 
 
 The Hobse of Assetnfally, hoWever, catfAot 
 alter the Ccnstitutioiial Act of this Province-** 
 tieith^r cAn I ; aiVd as r^igftfrds pobtd^r ihedf. 
 lii^tt T need hvrdly dby^rve, that if the ihHi. 
 bitiihts of the w*h61« Provhice w<»i%i sitnuHa* 
 
 i&i< 
 
u«>. 
 
 10 
 
 <^» 
 
 i 
 
 ili 
 
 
 l''1 
 
 I^I: 
 
 1i 
 
 heousiy to peiiiiun me to alter a single letter 
 of t^ai lolemn Act, 1 have ntriiher puwcr nor 
 inclination to do bo. 
 
 If it should prove that the practice which 
 hst hitherto been pursued is erroneous, I will 
 not for a moment hesitate to acknovrledge it ; 
 and in that case, I should feel it my duty at 
 onfee to recall to my council the six members 
 who have resigned ; but I cannot be bhnd to 
 the fact, that the Constitutional Act which is 
 open to every body, does not create any Ex- 
 eeutive Council at all. 
 
 The members of the late Council rest their 
 claims very nearly on the following grounds : 
 
 1st. That the responsibility they assume, be- 
 ing a popular opinion daily increasing, is con- 
 sequently the law of the land ; and 
 
 2nd. That though the powers they acquire 
 are no where expressed iri the Constilutionnl 
 Act, they were evidently intended to have 
 been inserted. 
 
 I conceive that these arguments do not even 
 require* to be refuted ; and with respect to what 
 Genl. Simcoe, or any otiier Governor may have 
 aseeited, I must aho be permitted to assert, 
 that the rights, liberties, and property of the 
 inhabitants of this Province, would be insecure 
 indeed, if they rested on any such declarations. 
 
 The Constitution of this Province is the 
 sacred charter of the land; and it is no leas 
 my duly, than the interests of its inhabitants, 
 that I should firmly maintain it, as I ever will, 
 inviolate. 
 
 If that charter constitutes a " Provincial 
 Ministry," it need only be shown to me, to 
 be secured; but I deliberately repeat that it 
 containig thQ creation of no such a power, 
 an') in my opinion, were it to be now created, 
 it would be productive of the most vicious 
 effects ; for if the power and patronage of the 
 Crown were to be delivered over to a tribunal 
 
 sworn to secrecy, they would very soon fall 
 into the hands of a few metropolitan familiesl 
 who might possibly promote their own views, 
 to the rejection of the interests of the distant 
 Counties: whereas while these powers con> 
 tinue invested in the individual appointed by 
 His Majesty to be the Lieutenant Governor of 
 this Province, he (being a stranger) can have 
 neither nterest nor inducement to abuse them. 
 
 No one can be more anxious than I am, 
 that this plain constitutional question should 
 be gravely and calmly discussed, for it will 
 be itnpossible for mo to attempt to correct the 
 grievances of the country, until I can prevail 
 upon the Legislature to follow me cheerfully 
 in the noble object we have in view ; and I 
 certainly do feel most deeply, that, for tho 
 sake of the people, those who are invested 
 with power ought manfully to determine to 
 lay aside all private feelings — to forgive and 
 forget all political animosity — and to allow 
 His Majesty's wishes, and my instructions, to 
 be promptly executed. 
 
 \yith respect to the want of confidence you 
 express in the Council I have just selected, I 
 will only observe, that in my judgment, they 
 appear to be sensible, steady men of busines?, 
 of high moral worth ; and I cannot but recol- 
 lect, that one of these gentlemen was, only a 
 few weeks ago, actually the Mayor of your 
 own City, selected by yourselves as being 
 peculiarly entitled to that public confidence 
 which you now declare is denied to him. 
 
 With this moral beforeyour minds, you sure- 
 ly cannot but admit, what a political tempest 
 would continually exist — how the interests of 
 the farmer would be blighted, were the power 
 and patronage of this thinly peopled Province 
 to be transferred from His Majesty's Lieuten- 
 ant Governor into the hands of what you term 
 a " Provincial Ministry" at Toronto. 
 
 ADDRESS FROM A PUBLIC MEETING HELD IN THE CITY HALL. 
 
 To Kit Excellency Sir Francis Born Hbad, That Colonel SimcOC, the first as Well asj 
 K. a H. Src. Sre. Src. j,^g ^j^j^g^ ^^^^j ^^^^^ enlightened Lieutenant 
 
 Governor of this Province, who was a Mem- 
 ber of tho Parliament of Great Britain when 
 the Statute 31st Gcp. 3, chap. 31, commonlyj 
 called the Constitutional Act, was passed, 
 was the bearer of that Ac*, to this Colony,} 
 and was authorised undoubtedly by His Ma< 
 jesty's Government to declare to his faithfull 
 subjects in this Province, the nature of the| 
 Constitution, then about to b^ pv<. into opera- 
 tion for their benefit, and A'ho assured the] 
 people of this Province from the Throne, onj 
 
 May it pi.e^^se Youk Excellency : 
 
 We, His Majesty's dutiful and loyal sub- 
 jects, the Inhabitants of 'he City of Toronto, 
 aesenibied under the authority of the Mayor 
 , Qi' the City, beg respectfully to submit to 
 Your Excellency this our Address, containing 
 the expression of our sentiments and feelings 
 in reference to the late changes in the Exe- 
 cutive Council, and of the opinions which 
 have been expressed by your Excellency as to 
 the nature of the Constitution of this Province: 
 
c^. 
 
 11 
 
 <.<> 
 
 ihe opening of the first sepgion of the Proviii- necessity of resigning thoir sr'ats, and thai, 
 cial FarliuiTient that the said Act had " cstab- Vour Excellency appears to gs, to imve taken 
 iished the British Constitution, and M \he offence for no other reaEon thftn the respectful 
 forms which secure and maintain it in this expression of on opinion in favour of the 
 distant country," and " that the wisdom and Government being conducted on the acknow* 
 beneficeiice of our most gracious Sovereign, leaged principles of the British Constitution ; 
 and the British Parliament has been eminently an opinion supported by unanswerable argu- 
 j)roved, not only in imparting to us the same mcnts, and which they were bound by every 
 form of government, but also in securing the obligation of honour and duty as faithfal 
 benefits of it by the many provisions that Councillors to express to Your Excellency, 
 guard that memorable Act, so that the bless- That our most sincere respect and gratitude 
 ings of an invaluable Constitution thus pro- arc due to those genUemen and their late 
 tected and amplified, they niight hope vvould colleagues in Your Excellency's Council, fur 
 be extended to the remotest posterity ;" and the noble efforts which they made in the 
 that the same Governor upon closing that honourable and upright discharge of their 
 session specially enjoined upon the members duties, to secure to the people of this Province 
 of the Legislature from the Throne to explain the practical benefit and faithful application 
 to the people of the country, "that this Pro- of Constitutional principles of the highest 
 vince was singularly blest, not with a mutilated importance to their liberty and prosperity; 
 Constitution, but with a Constitution which and that we are solemnly called upon at such 
 has stood the test of expetience and was the a crisis to declare our firm and unalterable 
 very image and transcript of that of Great determination to resist every attempt to muft- 
 Britain," late and deform our Constitution l)y the denial 
 
 I Tiiat it is. an essential and inalienable fea- of those prmciplcj), or the refusal of the full 
 } ture of tne British Constitution thus assured benefit and practical operation of them, and 
 to us, that ;lie King shall be assisted in all the that the people of this Province will never, 
 affairs of Government by the advice of known in our humble opinion, be content with a sya- 
 and responsible Councillors and Officers who tem that is only a mockery of a free and 
 I possess the confidence of the people, and of responsible Government. 
 
 the majority of ihr^ir Representatives; and 'J'hat we feel it our boundcn duty to declare 
 I that our fellow Fuhjects in the United Kingdom to Y'our Excellency, that the gentlemen whom 
 1 would indignantly resent any attempt, to de- Your Excellency has called to your ConncIF, 
 I prive them of this part of their Constitution, since the resignation of your late Council, do 
 I as an infringement upon their most sacred not in any deijree possess the confidence of 
 [ rights and liberties, and a step taken to the people of Upper Canada. 
 I degrade them to the condition of slaves. VVe further humbly express our disappoint- 
 
 I That the recent appointment by Your Ex- ment and regret at the remarks which Your 
 I reilency of the Ilon'ble. John Rolph, Robert Excellency has, by evil and unknown advisers, 
 I Baldwin, and John Henry Dunn as Executive been induced to animadvert upon the circum* 
 I Councillors gave universal gladness and satis- stances under which Your Excellency caused 
 I faction throughout the Province, those fren- your late Council to resign ; and that respect 
 I tiemen having been long known, beloved and which it is equally our duty and inclination 
 I respected for the talents, acquirements and to pay to the Representative of our Most 
 I virtues which ndorn their characters, the Gracious Sovereign, forbids our declaring on 
 I liberal and patriotic principles that they en- this painful occasion any other feeling than 
 I tertain, and the important services which they that of an earnest hope that the persons, who- 
 I have respectively rendered to the people of ever they may be, who have been guilty of such 
 j this Province, and that the selecion of them an abuse of Your Excellency's confidence 
 I by Your Excellency as your advisers disposed may be forever discarded by Your Excellency. 
 I His Majesty's subjects to hope that anew In conclusion, we beg leave to state to Your 
 I and happy e.a had at length arrived in the Excellency, that as subjects of the Britifh 
 i history of this Province. Empire we claim all the rights and privileges 
 
 I That we have learned with surprise and of the British Constitution, and as subjects of 
 
 ■ sorrow that those gentlemen, together with a British Colony possessing the powers of 
 
 ■ the former members of Your Excellency's self-government given to it by the Parent 
 
 ■ Council, have found themselves under the State, we claim our right that the Repre* 
 
 1 i 
 
m5>^ 
 
 12 
 
 yjO^ 
 
 
 Mentative of* tho Oown shall bo advised in 
 x\\ our ai^'iiirs hy men known to, and pos* 
 pessing fhe confidence uf, the people ; ai\d as 
 the true friends of Ilia Mtijesty's Governinen% 
 and to the pernti.incncy of our connexion with 
 the Parent State we eurnesily entreat Ynur 
 Excdiency to reijard our opinions and ro- 
 monstrtit'ces (firmly though w-? hope respect- 
 fn'ly expressed) and to adopt ineasnrc.3 to 
 ealtn the present extraordinary stale of public 
 excitement, aggravated by ilie high hope^^ 
 created in the public mind by the removal of 
 Sir John Colbornc, and the appointment of 
 Your Excellency to the head of the admmid- 
 tration. 
 
 ^^ order of the Meeting. 
 
 '• (Sicned) 
 
 ;; , T. D. MORRISON, Mayor. 
 
 JAMES LESSLIE, 
 TWonto, March S5th, 183G. 
 
 Ills EXf;ELLE^X■Y'S RKPLV. 
 
 Gentlemen, — Tlavinif renson to believe 
 that the meeting from which yu are a depii- 
 tation, was composed principally of the iiidus. 
 tnoua classe.-», and being persunded that the 
 liberal principle of the BritisJi (Joverninent, 
 ia whatever climate it may exist, is the wel- 
 fare and happinos3 of the people. I shall make 
 it my duty to reply to your address with as 
 much attention as if it had proceeded from 
 eiiher of the branches of the Legislature, 
 although I shall express myself in plainer and 
 more homely language. 
 
 Ist. 1 have no wish to deny " that Colonel 
 Simcoe was the first as well as the ablest and 
 most enlightened Governor of this Province — 
 that he was a Mrmber of Parliament when 
 the Statute Slst Geo. 3, chaf. 31, commonly 
 cttHed th& Cunstiluiional Act, was passed ; 
 and that he was the bearer of that Act to thi.s 
 Colony;" but I ask you, can this possibly 
 •Iter the solemn Act itself? for surely your 
 own plain good eenso will tell you, that 
 Colonel Simcoe had no more power, either 
 daring his voyage or on his arrival here, to 
 •Iter Ihe Charter committed to his charge, 
 ih^n I had power to alter the Instructions 
 which I lately delivered from His Majesty to 
 both Houses of your Iiogislature; and so, if 
 Colonel Simcoe, instead of saying that tho 
 
 Constifution of this Province "was the very 
 iungo and transcript of that of Grcit Britain," 
 had thought proper to compare it to the arbi- 
 trary Governments of Russia or Constantino- 
 plo, it would in no way have injured your 
 libortiop, or have altered one single letter of 
 the written Charter of your land. 
 
 8iid. I have no wish to deny •* that in tho 
 Drit'sh (yonstitntion the Kmg is asftisted in 
 all the affairs of Governujent, by the advice 
 of known and responsible Councillors, and 
 OiTicers who possess the confidence of the 
 people," and who form His Mnjesty's Cabinet ; 
 but Colonel Simcoe, who you yourselves state 
 ••was authorized undoubtedly by Mis Majesty's 
 Government to declare to liis fathful suhjocta 
 in this Province the nature of the Constitu- 
 tion," crcalcd no such Cabinet, nor any 
 cabinet at all; and from his day, down to 
 tho present hour, there has never existed any 
 ministry in the Coloiiy, except the Governoi, 
 who is himself the responsible minister of ilio 
 Crown. 
 
 Supposing it were to bo argued that four- 
 fifths f'f the members of your House of As- 
 senibly ought, inimcdiatcly to bo dismissed, 
 because, in prf»porlion to the population of 
 Great Britain and Ireland, there exist five 
 times as niany members here as in the Eng- 
 lish Hou^;e of Conmion?. would you not 
 think it very irrational that I his noble but 
 thinly-peopled Colony should be made '• the 
 exact imnge and transcript" of the British 
 Constitution merely because Colonel Simcoe 
 happened to use these words 1 Would you 
 not immediately appeal to your Constitutional 
 Act on the subject ? 
 
 Would you deem it just that a young rising 
 Province like this, should bo afHicted with the 
 same expenpivo machinery requisite for the 
 Government of the Mother Country, 4,000 
 miles off J 
 
 Would ycu not very fairly argue, that as 
 the whole population of this imn^cnse country 
 exceeds only by one-third that of Ihe single 
 Parish of St. Rlarylebone in London — and cs 
 the whole of its revenue does not equal the 
 private fortune of many an English Com- 
 moner, it would be unreasonable to expect 
 that the people of this Province should bo 
 ruined in vainly attempting to be the ••ex&ol 
 image and Iraneeripl" of the British Consti- 
 tution. 
 
 But the Confititution which His Britannic 
 Majesty George the Third granted to this 
 Province ordained no such absurdities; and 
 
 V 
 
to> 13 «<>» 
 
 you liavc only to read that Constitution, to 
 (tce quite clearly the truth of this assertion. 
 
 Tlie yeomen and industrioua classes of 
 Upper Canada should never allow a single 
 letior to be subtracted from, or added to, this 
 jireat Cliarler of their liberties; for if once 
 they permit it to be mutilated, or what may 
 ho termed improved, they and their children 
 become instantly liable to tind themselves 
 suddenly deprived of their property, and, vvlmC" 
 is better than all property, of their freedom 
 and independence. 
 
 By this Act, jm)u are of course aware that 
 a House of Assembly, a Legislative Council, 
 and a Lieutenant Governor are appointed ; 
 but it creates no Executive Council : and if 
 people tell you that it d )es, read the Act, and 
 you will see the contrary. 
 
 Now OS regards the House of Assembly, 
 you must know, that being your Repres^tnta- 
 tives, they are of course answerablo to you 
 for their conduct ; and as regards the Lieu- 
 tenant Governor, 1 publicly declare lo you, 
 that I am liable to dismissal in case I should 
 neglect ycur interests. 
 
 But, contrary to the practice which has ex- 
 istbd in this or any other British colony, — 
 contrary to Colonel Simcoe's practice, or to 
 the practice of aiy other Lieutenant-Gover- 
 nor who has ever been stationed in this Pro- 
 vince, — it has suddenly been demanded of me 
 that the Executive Council are to be respon- 
 jsible for my acts ; and, because I have refu- 
 sed, at a momant's warning, to surrender 
 that responsibility which i owe to the people, 
 t — whose real interests I will never abantlon, — 
 1 1 find that every possible political efiort is 
 [now making to blind the public mind, and to 
 [irritate its most violent passions. 
 
 But I calmly ask, what can be the secret 
 [reason of all this? Is it usual for one person 
 [to insist on bearing another person's blame] 
 lor for a body of men to insist on receiving 
 [the punishment incurred by on individual 
 superior lo them in station 1 Why therefore 
 should my Council, whose valuable advice, if 
 jit were not to be forced upon mo, I should be 
 most anxious to receive, be required to demand 
 from me my responsibility? What reason 
 3an exist for attempting to deprive me of the 
 >nly consolation which supports any honest 
 man in an arduous duty,— namely, the reflec- 
 Lion that he is ready to atone for every error 
 'ie oommite, and that he is subject to arraign- 
 ment if he oflends 1 Why should it be 
 leclared that responsibility would be more 
 
 perfect with my Council than with me ? Ara 
 they purer from party fceUngi?, or less entan- 
 gled with their fumtiy cunnectuiis.than I ami 
 How can Gentlemen who have 6Worn to be 
 dumb, be responsible to the yeumanry and 
 people of this rising Province? How could 
 they possibly undertake to administer ibia 
 Government, with looulhs sealed by an oath 
 which f)rbidd tliem to di(>clo(>e, to any one, 
 the valuable advice they may conscieotioudly 
 impart to me? 
 
 The answer to those questions is very whort. 
 The political party which demand responsi. 
 bility for my Council know perfectly well that 
 the power and patronagn of the Crown are 
 attached to it; and it is too evident, that if 
 they could but obtain this marrow, the empty 
 bone of contention, — namely, responeiLlUtjr 
 to the people, — thpy would soon be too happjr 
 to throw away; and from that fatal moment 
 would all those who nobly appreciate liberty, 
 who have property to lose, and who have 
 children to think of, deeply lament, that they 
 had listened to sophistry, had been frightened 
 by clamour, and had deserted the UepreBcn<- 
 tative of our Graciousi Sovereign to seek 
 British justice from his mute but confidential 
 advisers. I'his supposition, however, I will 
 not permit to be realized ; for never will I 
 surrender the serious responsibility I owe to 
 the people of this Province; and I have t\mt 
 reliance in Uieir honesty — I have lived so 
 intimately with the yeomanry and mdustrioua 
 classes of our revered Mother Country, that 
 I well know, the more I am assailed by factipn* 
 the stronger will be their loyal support,— aDd 
 that if intimidation be continued, it will spQn 
 be made to recoil upon those who shall pre. 
 Eume to have recourse to it. 
 
 The Grievances of this Province must be 
 corrected — impartial justice must be adwU 
 nistered : The People have asked for it— 
 their Sovereign has ordained it — Tarn her© 
 to execute his gracious commands— delay 
 will only increase impatience. Those, how. 
 ever, who have long lived upon agitation, aU 
 ready, too clearly see their danger ; and, with 
 surprising alacrity, they are now taking 
 every possible measure to prevent roe from 
 rooting up the 'ree ot abuse, because tbisy 
 have built and leathered their nests in f^ 
 branches. They asked, however, for tj^e 
 operation, and to amputation they roust VW[^ 
 shortly submit ; for " what's worth dpiqg 
 should always be done vvell." 
 
 I have come here for the avowed purpQ«9 
 
 ■A 
 
 t 
 
.11 
 
 
 i^» 14 M^X 
 
 
 a^ 
 
 Vl I 
 
 
 J '' 
 
 I'i 
 
 of tUform, but I am not an Agfitator ; and, by 
 eomroand of our gracious iSovereign, I will 
 noaiatain the constitutional liberties of aia 
 ■ubjects in this Province, and at the same 
 time encourage, to the utmost of my power, 
 internal wealth, agriculture, commerce, peace 
 and tranquillity. 
 
 With respect to my late Council, I rugret, 
 quite as much as you can do, their resigna- 
 tion ; but, before ihey took the oath of secre- 
 cy, (which appears to my judgment to be an 
 oath of non-responsibiiity to the people,) I 
 Addressed to them a note which clearly fore- 
 warned them, as follows : — " / shall rely on 
 ynur giving me your unbiassed opinion on 
 iUl suiijecis respecting which 1 may feel it 
 vdniihble to require it." 
 
 Three weeks after they had joined the 
 Council, they altogether, in a body, disputed 
 this arrangement ; and accordingly we parted 
 «n a matter of dry law. 
 
 No one can deny that my view of the sub- 
 
 ject agrees with the practice of Colonel 
 iSimcoe, and of all the succeeding Governors 
 of this Province down to the day of Sir John 
 Coiborne's departure ; but that is no proof 
 wiiatever that the practice has been right, — 
 and, if you would prefer to form your own 
 opinion of the lew, read the ConstituI ional Act. 
 
 With respect to my new Council, whose 
 high moral character I cannot but respect, I 
 shall consult them as unreservedly as I had 
 promised to consult those who have just re- 
 signed ; and, if any competent tribunal shall 
 pronounce thai: they are responsible for my 
 conduct, no one will be a greater gainer than 
 myself by the decision. 
 
 In the meanwhile I shall deal openly and 
 mildly with all parties ; and I trust that I can 
 give you no better proof of my own intention 
 to be governed by reason than the explana- 
 tion I have just oflered to yourselves, the 
 citizens and industrious classes who attended 
 the Toronto meeting. 
 
 •»-n:'-?V: 
 
 i-, ADDRESS OF THE HOUSE OF ASSEMBLY ON THE NEW 
 APPOINTMENTS TO THE EXECUTIVE COUNCIL. 
 
 A/'-^ i^vV 
 
 ^fr.j-tt-''?. To Uia Excellency Sir Francis Bono Ukad, 
 jr. C. H. Src. 6fc. Src. 
 
 Mat XT FLVASE Your Excellency : 
 
 We, His Majesty's dutiful and loyal 
 flubjects, the Commons of Upper Canada in 
 Provincial Parliament assembled, humbly beg 
 leave to inform Your Excellency, that we have 
 with deep regret learned that Your Excellency 
 has been induced to cause the late Executive 
 Council to tender their resignations to seats 
 in the Council under circumstances which si ill 
 enabled Your Excellency to declare that your 
 estimation of their talents and integrity, as 
 well as your personal regard for them, ron)ain- 
 ed unchanged ; and that under the present 
 excited state of public feeling in this Colony, 
 occasioned by the recent proceedings between 
 Your Excellency and the late Executive 
 Council, and the appointment of a new Coun- 
 cil (as appears by the Gazette Extraordinary 
 of Monday 14th March instant,) composed of 
 Robert B. Sullivan, John Elmsley, Augustus 
 Baldwin, and William Allan, Esqrs., this 
 House feel it to be a duty they owe alike to 
 His Most Gracious Majesty and to the people 
 of this Colony, whose representatives they 
 are, to avail themselves of the first opportun- 
 ity to declare at once to Your Excellency the 
 entire want of confidence of this House in 
 
 the last mentioned appointments, and deep! 
 regret that Your Excellency consented to 
 accept the tender of resignation of the late 
 Council, and humbly request Your Excellency 
 to take immediate steps to remove the present] 
 Council from ijuch their situation. 
 
 (Signed) 
 
 MARSHALL S BIDWELL, 
 
 Speaker. 
 Commons' House of Assembly, 
 March 26th, 1836. 
 
 HIS EXCELLENCY'S REPLY. 
 
 Gentlemen, — In reply to your Address, ll 
 assure you that I very sincerely regret thatj 
 the House of Assembly should entertain a[ 
 want of confidence in the Council I appointed] 
 on the 14ih instant, a-! I faithfully declarej 
 that under the circumstances in which I wasi 
 placed, I made every exertion to select genj 
 tlemen that I thought would be moat accept'l 
 able to the House and to the people. 
 
 I can assure the House, that no one la 
 mented more than I did the resignation ol 
 the late Council, three of the members ol. 
 which, namely, Messrs. Dunn, Baldwin, an(i| 
 Rolph, I had myself especially selected. 
 
 With respect to the request, " that I should 
 take immediate steps to remove the presentj 
 
 Guc 
 
«o» 
 
 15 
 
 •o* 
 
 Colonel 
 overnora 
 Sir John 
 no proof 
 
 right, — 
 ^our own 
 onal Act. 
 1, whose 
 espect, I 
 ae I had 
 e just re- 
 unal shall 
 le for my 
 liner than 
 
 r Address, I 
 r regret that 
 
 entertain a 
 1 1 appointed 
 ally declare, 
 which I WQi| 
 } select gen. 
 moat accept' 
 )ple. 
 
 t no one la. 
 Bsignation ol 
 
 members ci 
 Baldwin, am 
 elected. 
 ' that I shoiili 
 c the present 
 
 Conncil from such their situation," I might 
 sey, that I had hoped the House would have 
 refrained from any such decided expression 
 of its opinion on the subject, until it had 
 received the report of the Committee to whom 
 The subject was referred, and for whom the 
 Government Office is now occupied in fur- 
 nishing the documentary evidence they de- 
 sire ; but I am unwilling to discuss that ques- 
 tion. 
 
 With respect to the " present excited state 
 of public feeling in this Colony, occasioned 
 by the recent proceedings," I feel guiltless 
 of being its cause, inasmuch as to the House 
 of Assembly, as well as to people of alt classes 
 who hive addressed me on the subject, I have 
 done every thing in my power to assure them 
 of my desire that the question should be calmly 
 settled, according to the spirit of the Consti. 
 tution, and, consequently, according to the 
 interests of the peofdn. 
 
 I can aspui-R the House, that far from en- 
 tertaining any determination to maintain my 
 opinion, merely because I have uttered it, I 
 should be at this moment happy to abandon 
 it, if the duty I owed to nay Sovercigi|||nd 
 to the people could permit me. My mind 
 invites ratiier than repels conviction ; and 
 hopitig that the House will, on a subject which 
 must surely occupy the attention of the whole 
 country, meei, me with a desire lo be governed 
 by reason and truth, I will concisely, once 
 again, submit to it my view of the case- 
 
 From the time of General Simcoe to the 
 [departure of Sir John Colborne, ihe practice 
 of every Lieutenant Governor of this Province 
 has been, to consider their Executive Coun- 
 cillors as advisers, sworn not to respond, or 
 tin other words, not to be responsible to the 
 [people. 
 
 On my arrival here, finding this had been 
 Ithe practice, I also pursued it ; but on prepar- 
 ing to add three popula** members to the 
 "Jourcil, one of them, Mr. R. Baldwin, with 
 the sincerity which forms his character, tells 
 le he thinks my Cuuncil, in spite of their 
 )ath, should respond to the people. 
 
 To this project I refuse to accede — a long 
 
 argument ensues— and at last I write io Mr. 
 R. Baldwin a note, of which the following is 
 an extract : — 
 
 *' I shall rely on your giving me your un- 
 biassed opinion on all subjects respecting 
 which I may feel it advisable to require it." 
 
 After receiving this distinct statement of 
 my intention not to alter the old practice, Mr. 
 R. Baldwin sends a copy of the same to Dr. 
 Rulph and to Mr. Dunn, and they then, 
 knowing my sentimeras, all three join my 
 Council. 
 
 After sitting in the Council three weeks, 
 Mr. Baldwin's conscientious opinion again 
 appears ; convinces the other members, old as 
 well as new; and the subject, in a more formal 
 manner, is officially brought before me, with 
 a request, that, if I disapprove of the opinion* 
 the Council may be allowed to address the 
 people. On referring to the Constitutional 
 Act, I am unable to comprehend their rea- 
 soning, and we consequently part on the same 
 good terms on which we m^t, — I retainin|r 
 my unaltered opinion, while at least four of 
 the Council have (since my arrival) changed 
 theirs. 
 
 The whole correspondence I forward to the 
 House of Assembly, with an earnest desire, 
 that, regardless cf my opinion, the question 
 may be fairly discussed. 
 
 In the station I hold, J form one branch* 
 out of throe, of the Legislature, and I claim 
 for myself freedom of thought as firmly as I 
 wish that the other two branches should r»> 
 tain the same privilege. 
 
 If I should see myself in the wrong, I will 
 at once acknovvledofe mv error : but, if I 
 should feel it my duty to maintain my opu 
 nion, the House must know that there exists 
 a constitutional tribunal competent to award 
 its decision ; and to that tribunal I am ever 
 ready most respectfully to bow. 
 
 To appeal to the people is unconstitutional 
 as well as unwise — to appeal to their passions 
 is wrong ; — but on the good sense of the House 
 of Assembly I have ever shown a disposition 
 to rely, and to their good sense I still confi- 
 dently appeal. 
 
 ■ ■ n 
 
 . .r 
 
 ^1^ 
 
 
 i U 
 
 Ouardian Office, Toronto — J, H. Lawrence, Printer.