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 FEOM NO<iPES T»VK?-N STENOGRAPTTICALIiY BY 
 
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 The following pages contain an accurate report of one of the most 
 important Discussions that ever occurred in the Pioyincial Legislature, 
 whether viewed in connection with the general subject to which it 
 refers, or in association with the late illustrious Governor in Chief, 
 whose administration is examined therein. 
 
 Uncommon interest was excited in the public mind, at the period 
 when the debate took place, but the events of the latter part of the 
 Session (Vide Appevdix pages 60 to 64,) tend in union with the 
 Speech of His h'xcellencjf the Earl of DALUOusxE,on the ITthMarcA, 
 1821, greatly to increase both the interest and importance of the main 
 topics involved in the existing contest between the different Branches 
 of the Legislature — a contest which for a series of years, has, it is much 
 to be feared, whilst interrupting that harmony so indispensable to the 
 prosperity of any community, materially retarded the welfare of this 
 Province. 
 
 Upon the merits of the question at issue, it might perhaps be consi- 
 dered presumptuous in the Reporter to offer his opinion at anytime : and 
 he is sensible, that, on the pr^jt?;!^ occasion such a step would be, if not 
 an unwarrantable, at least, an unnecessary obtrusion of his sentiments 
 upon the public. The duty he prescribed to himself in the present 
 publication, viz. to present an accurate report of an important debate 
 -— h^ feels he has impartially and faithfully performed ; and he trusts, 
 the Pamphlet will be found to realize its Prospectus^ in which the dis- 
 cussion was described " as having been conducted with ability and 
 <* animation, proportioned to the importance of the topics under con« 
 ** sideration," and he sincerely wishes, that, ** its perusal may equally 
 <' gratify the admirers of the late lamented Gvoernor in Chief avA the 
 *' advocates of Popular Rights.^* 
 
 During the Interval from 1810 to 1821, many important points, 
 occasioning differenc es between the three estates, were agitated in the 
 House of Assembly ; but the questions of ** Appointing an Agent^* 
 and the " Impeachments of the Judges,*^ altho* frequently giving rise 
 to Resolutions, both in the House of Assembly and the Legislative 
 Council^ intimately connected with the assumed rights of each, have not 
 (with one or two exceptions) been noticed in the Appendix ; from an 
 apprehension that their multiplicity and length would be tedious r.Uher 
 than elucidatory. 
 
 The Appendix, (it is believed) contains every important resolution 
 upon the subiect of " Parliamentary Privilege" (with the exception of 
 those alluded to above) passed by the House of Assembly, and the 
 Pamphlet is submitted by the Reporter, to the Members of the Legisla- 
 tur*-, and to the public at large, ^ith an ardent and confident hope, 
 that " the moderate and dignified sentiments" expressed in the Speech 
 of His Excellency the Rabl of Dalhouste, delivered on 17th March, 
 1821, will not fail of producing their desired effect. 
 
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 Quebec, 9th October, «821. 
 
 
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 PROVINCE OF 
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 HOUSE OF ASSEMBLY, 
 
 , ' Wednesday, Uth Feb. 1821. 
 
 .BOUT six o'clock Nr. Neilson rose in hii 
 place to move the resolutions which he had previously given notice 
 of his intention to propose to the House for adoption, agreeably 
 to the determination he expressed on Monday evening, when at 
 the requ^t of Andrew Stuart, Esqr. and other Members he 
 Consented to postpone their consideration till the present even- 
 ing ; their introduction gave rise to a debate of which the follow- 
 in^ pages contain the substance. 
 
 Mr. NEiLsoif —It is not necessary, Mr. Speaker, that I should 
 detain the House by repeating now what I expressed the other 
 day. Every honorable \f ember has the resolutions in his possess* 
 ion and is doubtless prepared to give his vote upon them ; I shall 
 content myself with assuiing the House that it is a sense of duty 
 'Which leads me to bring them forward, and I do it with perfect 
 confidence in the Members of this House, tliat if upon examina- 
 tion they are found to be true they will pass, and if they are not 
 true they will not pass. Each honorable Member when he hears 
 them read will judge for himself, upon the resolutions themselves, 
 without reference to any extraneous matters, and whatever may 
 be the decision of the House I shall be satisfied, that I have done 
 merely my duty in submitting them for consideration : I shall 
 therefore at once move the first resolution, which is, 
 
 That the entry in the Journal of the Legislative Council, of 
 th*e 21st April 1819, on the order of the day being read, for the 
 second reading of the Bill fi'om the Assembly, intituled, "An 
 Act to appropriate a certain sum of Money to defray the expencea 
 of the civil Government of this Province, for the year one 
 thousand eight hundred and nineteen," to wit, " That the mode 
 adopted by this Bill, to defray the expences of the civil list is 
 unprecedented and unconstitutional, and a direct assumption 
 on the part of the Assembly, of the most important rights and 
 prerogatives of the Crown ; that were this Bill to be passed into 
 a law, it would give to the Commons of this Province, not merely 
 the constitutional privilege of providing the supplh^a,. but the 
 power also of prescribing to the crown, the number and descrip- 
 
 A 
 
2 
 
 cion of its servants, and of regulating and rewarding their servi- 
 ces individually, as the Asscm my should from time to time judge 
 meet or expedient, by which means t'\ey would be rendered de- 
 pendant on an elective body, instead of being dependant on the 
 crown, and might eventually be made instrumental to the over- 
 throw of that authority which by their allegiance they are bound 
 to support," be now read. — The motion being seconded by Mr. 
 Henei/^ was put by the Speaker, and the reading o{ the above 
 Entry wAs ordered unanimonsly. 
 
 The Assistant Clerk accordingly readfionfi the Journals of the 
 Legislative Council the Entry in question. 
 
 Mr. Neihoh — I shftll next move that a part of the entry in the 
 Journals of this House, of the 2lth April 1819, of the Speech 
 of Hrs Grace the Duke of Hichnioftd, the then Governor in 
 Chief be read. Hi's Grace unhappily adopted the sentiments con- 
 tained in the vote of tlte Legislative Council. It will be found that 
 it was not one branch only of the constituted authorities that 
 deemed it expedient to censure the proceedings of this House, 
 but that the executive also joined its feprooftor that of the Legis- 
 lative Council. The head of the Government, the first of the 
 three branches of the Legislature, that which as the Represen- 
 tative of our Sovereign, we are accustomed to respect most 
 highly, in exercising one of the rrghts belonging to his elevated 
 station, did in my huniWe opinion convey a direct censure upon 
 the proceedings of this House; and intending preserillv to move 
 this House o resolve that this part of the Speech of His Grace, 
 as well the Entry m the Journals of the Legislative Council do 
 severally contain a censure of our proceedingSj I, for regularity's 
 sake^ move that so much of the entry in the Journals of this 
 House, of the 24th April 1819, of the Speech of His Gracie the 
 then Governor rrt Chief, as states : " You, Gentlemen oi the 
 Legislative Council, have not disappointed my hopes, and 
 i beg to return you my thanks for the zeal and alacrity you 
 have shewn iir all that more mrmediately belongs to your 
 body. It is with much concern I feel myself compelled tc 
 say, that I cannot express to you, Gentlen^en of the House of 
 Assembly, the same sentiments, nor my approbation at the 
 general result of your labours (at the expence of so much 
 valuable time) and of the public principles upon which they 
 restj as recorded in your Journals.^ You proceeded upon the 
 documents which I laid beibre you to vote a part of the sum 
 required fbr the expences of the year one thousand eight 
 hundred and nineteen, but the bill of appropriation which 
 ou passed was founded upon such principles, that it appears 
 >y the Journals of the Upper House, to have been consti- 
 tutionally rejected -^ Hi? Majesty's Govenuaent has thus beeit 
 
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 left without the necesBavy 8um)lies for supporting the civil ad- 
 ministration of the Province for the ensuing year, notwithstand- 
 inj^ the voluntary offer and pledge given to His Majesty by the 
 Resolve of your House, of the thirteenth February, one thou- 
 sand eight hundred and ten," be now read. The motion waa 
 seconded by Mr. Hcney^ and m«Bed unanimously. 
 
 The Assistant Clerl^ accordingly read from the Journals the 
 part ofihe entry in question. 
 
 Mr. Ncilson—'WxQ next motion I shall offer is that a part of 
 the Act of the Parliament of Great Britain, by which the Legisla- 
 tive Council and the House of Assembly of this Province are res- 
 pectively consiitutecjl, be read. — Mr. N. accordingly moved, that 
 the 2nd clause of an Act of the Parli?,mejit of Great Britain of the 
 thirty-first year' of tli€ Ueign ot His Majesty, King George the 
 lit. intituled, "An Act to repeal certain parts of an Act passed 
 in the fourteenth year of His Majesty^s reign, intituled, * An Act 
 for making more effectual provision for the Government of the 
 Province of Quebec in North America, and to make further 
 provision for tlie Government of the said Province," reciting and 
 enacting as follows, " And whereas His Majesty has been pleased 
 to signify to both Houses of Parliament liis royal intention to 
 divide his Province of Quebec into two separate Provinces, to be 
 called the Province of Upper Canada and the Province of Lower 
 Canada; be it enacted by the authority aforesaid, that there 
 shall be within each of the said Provinces respectively a Legis- 
 lative Council and Assembly, to be severally composed and con- 
 stituted in the iuanner herein-after described ; and that in each 
 of the said Provinces respectively, His Majesty, his heirs and suc- 
 cessors shall have power during the continuance of this Act, by 
 and with the advice and consent of the Legislative Council ^na 
 Assenibly of such Provinces respectively, to make laws for the 
 peact, welfare and good government thereof, such laws not being 
 repugnant to this Act, and thaj^ all such laws being passed by 
 the Legislative Council and Assembly of either of the said Pro- 
 vinces respec»ively and assented to by His Majesty, his heirs and 
 successors or assented to in His Majesty's name by such person 
 as His Majesty, his heirs and successors shall from time to time 
 appoint to be the Governor or Lieutenant Governor of such Pro- 
 vmce, or by such person as His Majesty, his heirs and successors 
 shall from time to time appoint to administer the Government 
 within the same, shall be and the same are hereby declared to be 
 by virtue and under the authority of this Act, valid and binding 
 to all intents and purposes whatever within the Province where- 
 in the same shall have been so passed," and alpo the 28th clause 
 of the same Act, viz. "And be it further enacted by the authority 
 aforesaid, that all questions which shallarise in the said Le^is 
 
 A 2 
 
lative Councils or Asaeinblies respectively, shall be decided by 
 the majority of voices of such Members as shall be present, and 
 that in all cases where the voices shall be equal the Speaker of 
 such Council or Assembly, vla the case shall be, shall have a cast- 
 inff voice," be now read. — The motion w^is seconded by Mr. 
 Henei/^ and bcinff put from the Chair, passed unanimously. 
 
 The Assistant Clerk then read the two clauses. ..,, t 
 
 Mr. Neilson — From the clauses just read, it was manifestly 
 the intention of the Parliament of Great Britain in passing this 
 Act, that the three Estates shall be perfectly independent of 
 each other, and that neither, as the powers of the three are equal, 
 should be subject to the censure of the other; I shall now pro- 
 ceed to move that two of our own standing rules be read, for the 
 purpose of shewing that in the matter to which the foregoing 
 resolutions relate, this House has acted in strict accordance to 
 the principles which it has asserted for the rule of its conduct, 
 in granting supplies to His Majesty and in voting Monies for the 
 public service. — I shall move, that the second standing rule of 
 this House under the head, " Aid ^nd Supply," and the second 
 standing rule under the head, " Petitions, viz. " That all aids 
 tend supplies grunted to His Majefcty by the Legislature o.f 
 liower Canada, are the sole jrift of the Assembly of this Pro- 
 vince; and all bills for evanfng such Aids and Supplies oqght 
 to begin with the Assemb^, and ;t is the undoubted right of the 
 Assembly to direct, limit and apvpoint in all such bills, the ends, 
 purposes, conditions, limitations and qualifications of such grants 
 which are not alterable by the Legislative Council." — " Tlmt 
 this House will receive no Petition tor any sum of Money relatt 
 ing to the Public service, but what is recommended by His Ma- 
 jesty's Governor, Lieutenant Governor ox pei*s( n administering 
 the Government at the time," be now read. 
 
 Mr. Quirouet seconded the motion, and the reading of the 
 above two standing Rules being unanimously ordered, they were 
 read by the Assistant Clerk. 
 
 Mr. Neilson — I come now to propose that this House shall 
 declare its sense upon the extract from the Journals of the 
 Legislative Council, and a par( of His Giace the late Dnke of 
 Richmond's Speech, which have just been read. — 1 shall first 
 propose that the House by vote shall declare that they sever^^ly 
 contain a censure of the proceedings of this Branch of the Legis- 
 lature. If the House concurs with me in opinion, I shall move 
 it in like manner to declare that all censure of our proceedings, 
 by either of the other bi-anches of the Legislature, is ?ir. impro- 
 
 F 
 
 ler assumption of power, a violation ot our rights and privi- 
 Bges, andf subversive of the liberal and happy constitution of 
 jrovernment established bv Law in this Province. I refer to tho 
 
 e 
 
 Xjrovernment established by Law in this Province 
 
 ™ 
 
^ 
 
 authority of the Act of the British Parliament, an extract from 
 ^vhich 1 thoughl it expedient lu have read, as the source whenco 
 we derive our authority, in conjunction with the other Uranchen 
 ofthe LegiKlatnve, to enact Luwh, to shew tiiat, entrusted with 
 such great power as to make Laws, which ufl'ect the live^, 
 the hbertics and the property of His Majesty's subjects, wc 
 ought to be //tr, perfectly free from censure, or any other des- 
 cription of undue influence on the jnirt of those who are co- 
 orainatc with us. — I ask of this House, and of each honorable 
 member thereof, to say wliether wc have not been censured in 
 the documents before us, whether the entry in the Journals of 
 the Lep;islative Council and the Speech of His Grace the late 
 Duke of Richmond, as entered upon our own tFournals, do not 
 severally contain a severe censure. 1 move to resolve, " That 
 the said entry in the Journals of the Legislative Council of the 
 Slst. April, 1819, and the Speech of His Grace the then 
 Governor in Chief, of the 24lh April, of the same year, do 
 severally contain a censure of the proceedings of this Branch 
 ofthe Legislatine." 
 
 I shall not detain the House by any farther remarks upon this 
 proposition — my reasons for bringing it forvv»rd, I. have before 
 stated. I consider that the entry and the Speech do sevemlly 
 contain a censure upon the proceedings of this Branch of Uie 
 Jjegislature. Elach lionorable member will jtulfi^e for himself, 
 suclias concur with nie in opinion, will of course vote in favor, 
 and those who think diflerently, wi)l vote against the motion. 
 Mr. Jleney seconded the motion. 
 
 Mr. Neilson begged before the motion was put by the Spea- 
 ker, to observe that for the purpose of giving greater facility to 
 the debate, he would have submitted to the suggestion of 
 several members, who wished this matter tc be referred to the 
 consideration ofthe House in Comniitlec of the whole, but that he 
 found in case of a division that the names ofthe Members who 
 voted could not be taken down, which he was desirous in the 
 present instance of having done — As however the subject might 
 be considered a question of privilege, the same strictness would 
 not be observed as marked the usual debates ofthe House. 
 
 Upon Mr. Speaker putting the question — shall this motion 
 pass ? 
 
 Mr. Oldham expressed himself equally anxious and disposed 
 as the Honorable Member for the County of Quebec, who had 
 introduced the Resolutions, or any other Member, to preserve 
 inviolate the privileges of that House ; yet he could not help con- 
 sidering that the first resolution now before the House went 
 farther than was necessary, and contained what was never im- 
 plied. He remarked that, differences had long existed between 
 
 
/rtie different branches of the Legislature, and that it appeared 
 to him that the Resolutions of the Legislative Council, and the 
 approbation of it by his Excellency the Duke of Richmond, were 
 only intended aa protective of their own rights, as component 
 parts of the Legislature. He .CQuld not conceive that these acts 
 were such a direct censure upon that House, as ought to call 
 forth the declaration in the Resohuioii.' Unfortunately for the 
 Country, it was but too true, that distrust and jealousies be- 
 tween the diiferent branches had exjis'tied ' heretofore, to the 
 gre«t detriment of the Country, which he lamented (exceedingly; 
 and that a too high sense of their own importance had 6ause4 
 that House to neglect what was due to the other ^arts of the 
 L^islature. He was afraid that the due balance, which con- 
 stituted the beauty and strength of the constitution^* the model 
 of which had been given themj and which had bieen soj for all 
 ilhe World might be destroyed, if due attention was not given to 
 }X, He must also confess, in truth, that he could not relieve 
 the other two branches from the accusation of occasionally tres- 
 passing upon what were ponsidered as the rights of that honora- 
 ble House. He said, he had paid strict attention to the reading 
 of the Resolution of the Legislative Council, and that part of 
 the Speech which approved it, and he could not conceive either 
 amounted to a censure. It was he thou^it, intt>nd(^d only as an 
 'assertion of their own rights.— For if evet thd branches of the 
 Legislature came in collision concerriing theii* respective rights, 
 they have scarcely any manner left them for their'defence, but a 
 formal Resolution, put solemnly upon their Journals/ In such 
 a light he considered the proceedings of the Council and the 
 Speech of His Grace the late Duke. — It should be remembered, 
 \>y that House, that the Legislative Council had also theh- rights 
 and privileges ; and tltat as they contributed in proportion to 
 the general expense of the Country, they also had a consent 
 to give to any money bjll by that House. Undoubtedly the 
 right of originating all money bills in that House was unquestion- 
 able, but it was as true that to give effect to them, the consent 
 of the other branches was equally necessary. His reason for 
 breaking the silence which had prevailed, was because he did 
 not consider a direct and immediate censure had been passed 
 upon the House of Assembly, and therefore he could not agree 
 to the first Resolution, and because he would not give a silent 
 vote upon it. As to the two subseqiient Resolutior.s which he 
 believed were intended to be rtioved, he would consent to join 
 the honorable Member in theiii, because they were general and 
 declarative of tlie just rights of that House. He respected the 
 rights and privileges of tliat House and could never see them 
 infringed from any quarter, without expressing his unqualified 
 
disapprobation. He gave his free concent to any general de- 
 claration, but he would not consent to a Resolution, which 
 tnight have the tendency to stir up variance and confusion. 
 He had only in view to heal, if possible, the existing jealousies, 
 6,nd was only desirous of explaining the reasons, which had in- 
 fluenced him in his vote, Mr. (X concluded by repeating his 
 willingness to concur in any resolution asserting the rights of 
 the House, and declaring if even none should be moved, be 
 would still vote against the motion before the Hoine. 
 
 Mr, Taschereau said, that he could not admit that the 
 Resolution of the Legislative Council, now under consi- 
 deration, contained a censure upon this House, he con- 
 sidered it only as an assertion of their own rights *nd privi- 
 leges as a branch of the Legislature. Both branches had aii 
 undoubted right to insert upon their Journals their constitution- 
 al claims, and it ought not to be held, that in so doing, 
 they intended to censure the other branches of the Legislature. 
 In England the House of Commons regularly resolve that it isa 
 high breach of their privilege for any Peer to interfere in the elec- 
 tion of the Members of that House; the House of Lords on their 
 part vote in opposition to this, that they possess the right to 
 take part therein, as well as annul or make void the proceedings 
 of the Commons, by withholding their concurrence thereto, la 
 this manner each asserts its privileges, but without either at- 
 tributing to the other a censure upon their Branch of the Ligis- 
 lature. Although in England the vote is, that such Conduct 
 is " a high infringment of their privileges," yet no notice was 
 ever taken of sucn a vote beyond a counter declaration of the 
 rights of the House of Lords. In speaking of His Grace the 
 Jate Dtike of Richmond, Mr. T. said, there could be no differ- 
 ence of opinion, for all knew too well his noble and libeiul 
 character, to imagiTie for a moment, that he would do any thing 
 contrary to the privileges of this House. 
 
 If ( said Mr. T. ) we to-night complain of the Legislative 
 Council censuring us, we should recollect, that on many 
 occasions we haVe censured Mew. In 1817, when they differed 
 ^ith us relativ6 to the matter of il/r. Justice Fouchcr^ we by 
 Vote placed upon our Journals, described the claims of the 
 Legislative Council in terms of censure equally strong as that we 
 are now considering. In 1819, the I^e^islative Council declare, 
 *'that the mode adopted by this Hou&^^ to defray the civil list 
 is unprecedented and unconstitutional, and a direct assumption 
 on the part of the Assembly of the most impovtant rights and 
 prerogativesof th« CrowA," and in 1817 we resolve, "that the 
 claims of the Legislative Council, touching the accusations and 
 complaints brought by this H(»us« against Louis Charles Fou" 
 
 M 
 
 .1 
 
8 
 
 thier, Gsqu'ii'c, are not founded on the constitutional Law or 
 any analogy thereto, tend to prevent offenders, out of the reach 
 of the ordinary tribunals of this country, from being brought to 
 J\istice, and to maintain, perpetuate and encourage an arbitrary, 
 illegal, tyruiihital and oppressive power over the people of this 
 Provincb." The Legislative Council in 1819, declare nothing 
 stronger than our own resolution, relative to them, in 1817. 
 They vote that our proceedings "'are unprecedented and uncon- 
 stitutional, and a direct assumption of the most important rights 
 and prero^fiuives of the Crown," and we declare their '' claims, 
 touching the accusations or complaints brought by this Hdus6, 
 against Louis Charles Poucher, Esquire, are not foundefd on 
 the con .itutiohal Law or any analogy to it." 
 
 If (continued Mr. T.) these assertions of our respective rights 
 are to be considered censures, it appears to me, that of the two 
 we have gone farlh<?r in ours than tne I-iegislative Council ; for if 
 diflerence does exist, our resolution is the stronger censure, for 
 we not only declarfe " that their claims are not founded on the 
 constitutional Law or any analogy thereto, but we goon and 
 accuse tlicm, in making the claims which they inserted on their 
 ilournal, relative to Mr. Justice Foucher, of introducing a 
 system, the tendency of which will he " to maintain, perpetuate 
 and encourage an arbitrary, illegal, ti/rartnical and oppressive 
 power over the people of this Province.'''' The resolution of the 
 Legislative Councilin 1819, certainly doe& hot go so far as this. 
 If the honorable Member for the County of Quebec, should 
 carry these resolutions, hd cannot, if* he is liberal and consistent 
 with himself, do less than Request leave to expunge from our 
 Journals, the resolutions of a similar nature to that I have 
 read, for the purpose of placing them on the other side of the 
 paper containing the propositions he has this night submitted. 
 
 -I'his House at each Session, or more correctly at each Parlia- 
 ment, claims its privileges, and declares that it will be a high in- 
 fraction of them by the Executive, if the most favorable inter- 
 pretation in not given to all their proceedings, but we should 
 remember that eacli of the three Branches have privileges. The 
 third estate is certainly as much entitled to express its sentiments 
 and principles to the other two as they have to record theirs of 
 the Executive. The /rt/6 DutK o/* Richmond, in exercising 
 this portion of his prerogative as the representative of the Sove- 
 reign, intended nothing more than to declare to the other 
 branches of the Legislature, his views upon llujr public mea- 
 sures. Every individual member of this House, as well as the 
 Province at large, knew sufliciently the noble and liberal chamc- 
 tor of his Grace, to bo assured, that in the exercise of his own 
 he would n^'t censure or infringe the rights and privileges of 
 

 
 either of the other branches of the Legislature. His only inten- 
 tion was to exercise the right appertaining to his elevated sta- 
 tion, of exhibiting to the other Branches of the Legislature his 
 opinion upon their public measures and conduct. 
 
 Reverting to the proceedings of this House, Mr. T. observed 
 We certainly have not been backward in exercising this righty 
 but have frequently expressed our opinions of both the other 
 Branches of the Legislature, as reference to our Journals for 
 1814, 1815, and 18l7, willfully demonstrate. In 1814, after 
 having addressed His Iilxcellericy Sir Gboroe Prevost, and 
 received his answer, we resolved " that His Excellency thift 
 Governor in Chief by his answer to the address of this House 
 hath violated the constitutional rights and privileges of this 
 House." In 1813, a variety of votes passed this House equally 
 censures upon the other Branches of the Legislature with that 
 which the Legislative Council passed upon us in 1819, but they 
 had always been considered as resolutions merely asserting our 
 own particular rights. Mr. T. concluded by suggesting as the 
 conviction of his mind that were the resolutions of this House 
 which might, according lo the principle upon which the present 
 motion proceeds, be justly considered as censures upon the other 
 Branches of the Legislature to be put in a column by the side 
 of those referred to in the printed papers in our hands, there 
 would be found a far greater number and also expressions of 
 much greater severity used by this House than had ever pro- 
 ceeded from them. Impressed with these opinions, he considered 
 the proposed resolution as not called for, and he should therefore 
 dissent from its passing. 
 
 Mr. Cumllier said he rose for the purpose of supporting by 
 his vote resolutions which he not only coiisideied founded in 
 principle, but also essential to the dignity and independence of 
 this House. Their rights and privileges had been attacked at 
 a time that it was out of the power of this House to defend it- 
 self, nor is it till the present moment that an opportunity has 
 been offered to assert and vindicate its rights. In declaring 
 the resolution of the Legislative Council, ai:d the Speech of His 
 Grace the then Governor in Chief severally to contain a direct 
 censure upon this House, and that all censures by the other 
 Branches of the Legislature of our proceedings are unconstitu- 
 tional infractions of our privileges, (Mr. C. observed) he did not 
 mean to say that the Legislative Council had not the right to 
 
 {)ass resolutions to protect its own privileges, all he contended 
 or, was that the other Branches of tlie Legislature had no right 
 in so doing, to attack ours and to censure us ; and that having 
 received from both a severe censure upon its Members, and a 
 direct attack upon its righ^ and privileges, it was due to th« 
 
 B 
 
10 
 
 dignity and independence of thisHouse, that the earliest iVioment 
 should be embraced to declare our opinions upon such conduct 
 by a solemn vote, that it is an unconstitutional assumption of 
 power and a violation of our rights. Mr. C. said before he en- 
 tered upon the consideration of the resolution immediately 
 before the House, he should take the liberty of reading 
 some passages from the memorable Speech of His Excellency 
 Sir James Henry Craig, on proroguing the Legislature in 
 1809, for the purpose of refreshing the memories of such as were 
 Members of the House at that period, and of making those who 
 were not so fully acquainted with the proceedings or those days. 
 After informing tie Legislative Council and the House of As- 
 sembly, of the reasons which induced him to prorogue the Par- 
 liament, and expressing his determination immediacely to dis- 
 solve the House and recur to the sense of the people, His Ex- 
 cellency proceedsj 
 Gentlemen of the House of Assemhlt/, 
 
 " When I met you at the commencement of the present Ses- 
 sion, I had no reason to doubt your moderation or yom* pru- 
 dence, and I willingly relied upon both. Under the guidance 
 of these principles, I expected from you a manly sacrifice of all 
 personal animosities and individual dissatisfitction — a watchful 
 solicitude for the concerns of your country, and a steady perse- 
 verance in the executing of your public duty with zeal and dis- 
 {)atcli I looked for tamest endeavours to pronx>te the goneral 
 mrmony of the Province, and a careful abstinence froni whatever 
 might have a tendency to disturb it ; for due, and therefore in- 
 dispensable attention to the other Branches of the Legislature^ 
 and for prompt an«l cheerful co-operation and assistance in what- 
 ever might conduce to the happiness and welfare of the Colony. 
 All this I had a right to expect, because such was your constitu- 
 tional duty ; because such a conduct wotild have f>een a lasting 
 testimony, as it was tine only one sought for by His Majesty's 
 Government of that loyalty end affection which you have so 
 warmly professed, and which 1 believe you to possess, and be- 
 cause it wa? particularly called for by the critical conjuncture 
 of the times, and especially by the precarious situation in which 
 we then stood, with respect to the American States. I am sorry 
 to add that I have been disappointed in all these expectations 
 and in every hope upon which I relied." 
 
 ** You have wasted in fruitless debates, excited by private and 
 pergonal animosities or frivolous contests upon trivial matters of 
 form, that time and those talents to which within your walls the 
 
 f)ublic have an exclusive title ; this abuse of your functions you 
 jave preferred to the high and important duties which you Owe 
 to your Sovereign and your constituents, and you have thereby 
 
11 
 
 nm 
 
 been found to neglect the con«ideration of matters of moment and 
 necessity wKii;h were before you, while you have at the same time, 
 virtually pi evented the in'^roduction of such others as may have 
 been in contemplation. If any further proof of this mis-use of 
 your time were necessary, I have just presented it in having 
 been called on. after a Session of live weeks to exercise His Ma- 
 jesty's prerogative of assent, to only the same number of Bills, 
 three of which were the mere renewal of annual 4ct8 to which 
 you stood pledged, and w?»ich required no discussion. 
 
 " So much of intemperate heat has been manifested in all your 
 proceedings, and you have shewn such a prolonged and disre- 
 spectful inattention to matters submitted to your consideration 
 bytheothei branches of the Legislature, that whatever might be 
 the moderation and forbearance exercised on their parts, a gene- 
 ral good uftderxStanding is scarcely to be looked ibr without a 
 new Assembly. 
 
 " I shall not partictiiarly advert to other Acts which appear to 
 be unconstitutional infringements ot the ri^^hts of the subject, 
 repugnant to the very letter of that Statute of the Imperial Par- 
 hament under which you hold your Seats, and to have been 
 matured by proceedings which amount to a dereliction of the 
 first principles of natural Jusiice, and I shall abstain from any 
 further enumeratioii of the cau'-es by which I have been induced 
 to adopt the determination which I have taken, because the 
 part of your conduct to which I have already refeiTed is obviously 
 and in a high degree detrimental to the best interests of the 
 Country; such as my duty to the Crown forbids me to coun- 
 tenance, and as compels me t(» have recourse to a dissolution as 
 the only constitutional raea'js by which its iiecurr^nce may be 
 prevented." • 
 
 -- These are the observations which His Excellency addresses 
 exclusively to the House of Assembly, and the similarity of lan- 
 guage to that of the Legislative Council, and the extract from the 
 Speech of His Grace cannot but be noticed In some instances 
 the very same words are introduced and on many occasions pre- 
 cisely similar sentiments. In the concluding paragraph in which 
 His Excellency addresses both Branches of the Legislature, the 
 resemblai.^e to the Speech of 1819, is complete. After notifying 
 tlitm of his intention togive the necessary orders for callinga new 
 Provincial Parliament, and his expectations from that measure, 
 hecontinues, "I willnot conceal Irom you that it has been very 
 mucli with a view to obviate misrepresentation, if possible and to 
 enable the people to judge of thegrounds which have been allbrded. 
 me for tiie conduct I have adopted, that I have entered intcany 
 detail upon this subject; the task has been painful in tlie extreme, 
 and I tujn from it with peculiar satisfaction, to olfer to you, Gentle* 
 
 B2 
 
 
13 
 
 men of the Legislative Council, the acknowledgements that are 
 due to you for that unanimity, zeal and unremitting attention 
 which you have shewn in your proceedings. It rests not with 
 you that so little has been accomplished for the public good. To 
 a considerable portion of the House of Assembly my thanks are 
 eaually due. 1 trust they will believe, that I do them the justice 
 or a proper discrimination in the sense I entertained of their 
 efforts to avert that conduct of which I have so much reason to 
 complain. By this, Gentlemen, you have truly manifested 
 your aifeclioR to His Majesty's Government and your just esti- 
 mation of the zeal and permanent interests of the Province.'* 
 The Legislature was then prorogued, and shortly after the House 
 of Assembly was dissolved. Early the ensuing Session, namely, 
 On Saturday, 3rd February, 1810, this extraordinary Speech 
 was noticed by a resolut\on of this House, declaratory of its 
 own rights and expressive of their sense of this direct attack 
 upon them. Mr. Bedard, seconded by Mr. Bianchet, moved to 
 resolve ; " that every attempt of the Ejcecutive Government, and 
 of the other Branches of (he Legislature against this House, 
 whether in dictating or censuring its proceedings, or in approv- 
 ing the conduct of one part of its members, and disapproving the 
 conduct of the others, is a violation of the Statute by which this 
 House is constituted — a breach of the privileges ot this House 
 against which it cannot forbear objecting, and a dangerous attack 
 iipon the 1 ights and liberties of His Majesty's subjects in this 
 Province." This resolution after considerable debate, and an 
 amendment having been moved, was carried upon a division 
 by a majority o{ Twenty-four to eleven ; and among the Twenty- 
 four, is founa the name of tlie honorable Member for Gasp6,( Mr, 
 Taschereuu) who now is about to vote in contradiction to the 
 principles upon which he then acted. As he was the only mem- 
 ber of this House in 1810, whose opinions had changed upon 
 this subject, he (Mr. Cj should have liked to have heard from 
 the honorable Member, what were the circumstances which had 
 induced the alteration. 
 
 That Hon. Member (Mr. C. continued) had referred to the 
 measures adopted by this House, in the case of Mr. Justice 
 Foucher, when the Legislative Council thought proper to arro- 
 gate to itself prerogatives which it never possessed, and to deny 
 tons the constitutional rights vested in us by the Act of the 
 British Parliament, from which the whole of the Legislature 
 derive whatever power the Branches severally possess. On that 
 occasion, the Legislative Council did what we could not pass 
 over,becRU8e it was apositive denial in an address to His Royal 
 Highness the Pkince Regent of the accusatory powers of this 
 House ; and we therefore by a vote, adapted to the emergency of 
 
 N^ 
 
 give 
 
13 
 
 esti- 
 
 the occasion, declared our sentiments on the usurpation set up 
 by the Legislative Council. Tl»e same Honorable member, haa 
 spoken of reciprocity of censure. If even that has occurred, it 
 forms no reason why the resolution before the House should 
 not be adopted, if the Entry upon the Journals of the Council, 
 and theSr»-ech of the then Governor in Chief, do severally con- 
 tain a censure upon the proceedings of this Branch of the Legis- 
 lature. But a full examination of the votes of the two Branches 
 of the Legislature, will shew that zye have never passed a vote 
 of that nature, except when our privileges were attacked, and it 
 became an imperative duty for this House, to assert its rights aft 
 a component Branch of the Legislature. 
 
 Another Honble. Member, (Mr. Oldham,) had questioned 
 (said Mr. C.) whether a direct censure was contained in the 
 vote of the Legislative Council, but to his (Mr. C's) mind 
 a more positive assumption of illegal power could not be made, 
 nor a more direct censure on this House be offered. The reso- 
 lution commences by declaring, " that the mode adopted by this 
 Bill, to defray the expences of the Civil List, is unprecedented 
 and unconstitutional." Is it, I would ask, no censure, to tell 
 this House (or for a body equal only in power to itself, to 
 l^esolve) that the exercise of one of its inherent, constitutional 
 and chartered 1 ights, in the mode they consider most conducive 
 to the interests of the Country, is " unprecedented and unconstitu- 
 lionaV ? Is it no censure, to tell us, and to proclaim to the 
 Country at large, that this conduct is " a direct assump* 
 Hon of the most important rights and prerogatives of the 
 Ctotvn.^* If these are not censures, and censures deserv- 
 ing the notice of this House, in the manner proposed in the 
 resolutions moved by the Honorable Member for the County of 
 Quebec, I must conress I have misapprehended hitherio the sig- 
 nification of the term. 
 
 The Resolution of the Legislative Councd (M. C contmued) 
 fToes on to describe the consequences that would flow from the 
 Sill of appropriation sent from this House to defray the expences 
 of the Civil List, if it were passed into a Law, viz : " it would 
 <rive to the Commons, not only the constitutional privilege of 
 providinff the supplies*'— this (said Mr. C.) is a privilege, that 
 it seems will be left us—' The constitutional privilege of provid- 
 ing the Supplies'— It is surprising that any privilege is left us 
 by this august body, but in passing this Bill, not only should 
 we reiainthat right, '•but it would give to the Commons the power 
 also of prescribing to the Crown the number and description of 
 its servants, and of regulating and revmrding their services, 
 individually, as the assembly should from time to time judge 
 
 I 
 
14 
 
 meet or expedient, by which means they would be rendered de- 
 }>endant on an elective body, instead of being dependant on the 
 Crown, and might eventually be made inr'trumt^ntal to the over- 
 throw of that aiithoriiy which by their allegiance they are bound 
 to support." There can be no doubt, (Mr. C. observed) that it 
 is the Prerogative of the Crown to nominate persons to places d 
 Honor and of Profit, but the quantum of remuneration that they 
 are severally entitled to, or that any particular Branch of the 
 public serv.ce requires, belongs to this House or its superintend- 
 ing power over the public expenditure is a nullity. We have 
 undoubtedly nothing to do with the number of officers that 
 the Crown may appoint, any more than with the appoint- 
 ment of persons to offices, but if we have no power over the re- 
 muneration of their services so far from possessing a co;2/ro//i/ig' 
 power, we possess no power at all over the Public Monies. 
 
 In conclusion (Mr. C. said) I will not detain the House furr 
 ther, I consider theresolutioii of the Legislative Council as broad 
 a censure as ever a deliberative body passed on another, its 
 equal in rank and authority; and so considering it, I think it the 
 duty of thiis House to notice it, and approving ot the method 
 now introduced, I shall vote for the motion. In reference to the 
 Speech of His Gmce the ihen Governor in Chief, 1 shall say littl^ 
 ot the Duke OF Richmond nothing beyond actual necessity, 
 he is in the tomb and from my heart I say Peace to his Ashes. 
 But a varietv of circumstances have prevented any notice being 
 hitherto taken of a Speech, which Etiquette would not permit 
 an answer to be given to, at the time it was delivered. It con- 
 tains strong animadversions upon the legitimate exercise of our 
 rights and a strong and general censure upon our proceedings, 
 and ought not to be passed without notice by this House. Vve 
 are sent away from ttic presence of the Representative of our 
 Sovereign, reproached with an unconstitutional exercise of our 
 rights, and reproved for an injudicious waste of valuable time. 
 Considering these remarks to be equally a censure upon this 
 Branch ol the Legislature, 1 am compelled to vote for the motion, 
 in the shape in which it is presented by the Honble Mover. 
 
 Mr. Vigcr declared, that had the proposition of the Hon- 
 orable Member for the County of Quebec^ been opposed, merely 
 on the ground of inexpediency, he should have contented him- 
 self with giving a silent vote, m favor of the motion. I should 
 (said Mr. V.) have confirmed my vote upon a similar occasion, 
 in 1810, because I considered it the duty of the members of this 
 House, to act now as they did when Sir J as. Craig, uncon- 
 stitutionally censured a part of them. But when doubt is ex- 
 pressed, whether the entries which have been read contain direct 
 censures, when it is questioned whether this House ought to 
 
nthe 
 
 consider them censures and treat tliem as sncli, I cannot but 
 raiBc my humble voice, and in the face of this House, and of 
 my Country, declare, '' that the auid entry in the Journals of 
 the Legislative Council, of the ^ist April, 1819, and the Speech 
 of His (jrace the ihen (rovernor in Chief, do severally contain a 
 censure of the pioceedings of this Branch of the Legislature." 
 . Mr. Speaker, if it can be allowed to the other Branches of 
 the Legislature, to censure this House, that admirable counter- 
 poize of the thrpe estates which forms the beaiity and strength 
 of our constitution is lost, and in resisting all attempts at so 
 unconstitutional an attack upon our rights and privileges, it 
 becomes the duty of this House, by a solemn vote, to place 
 upon tVieir Journals a denial of the prerogatives so improperly 
 assumed, and an assertion of our fixed'determination to protect 
 our undoubted rights and privileges. 
 
 Adapting this principle to the subject in debate, what I ask, 
 is the course which the three Branches of the Legislature have 
 pursued? His Grace the then (jovernor in Chief, laid before 
 this House an estimate of the expences hejudged it necessary to 
 incur in the administration of the civil (Government of the Pro- 
 vince, This House proceeded to take it into ccmsidemtion, and 
 votea that portion, which to them appeared necessary, and 
 rejected thoseitems which they considered it inexpedient to give. 
 Is it denied that the constitutional right of this House, as the 
 Commons Branch of the Legislature authorizes it to furnish 
 the supplies in any manner that appears most suitable? I 
 might refer ( as the Honorable mover of this question has 
 done) to the standing orders of owr ozcn House, but I shall refer 
 those who entertain the strange opinion that the appropriation 
 Bill of 1819, encroached upon the privileges or rights of either 
 of the other Branches of the Legislaiurt, to an authority which 
 they must allow and it will shew that our rules go no further than 
 the constitution justifies and sanctions. 
 
 Sir Wm. Bl AC K.8TONE, in treating of this matter, is extreme- 
 ly clear and perfectly conclusive. In his first Book, at Section 
 5, of the second Chapter, Page 1G8, he says, " The peculiar 
 laws and customs of the House ofConunons relate principally to 
 the raising of Taxes and the ^elections of Members to serve in 
 Parliament." 
 
 "First, with regard to taxes, it is the ancient indisputable 
 privilege andright ot the llouseoii ommons, that all grantsof sub- 
 sidies or parliamentary aids, do begin in their House, and are first 
 bestowed by them ; although their grants are not effectual to all 
 intents and purposes, until they have the assent of the other 
 two branches of the Legislature. The general reason given for 
 this exclusive privilege of the House of Commons^ is, that the 
 
16 
 
 supplies are raised upon the body of the poople, and therefore 
 it is proper that they alone should have the right of taxing 
 themselvea. This reason would be unanswerable, if the Com' 
 mom taxed none but themselves : but it is notorious tliat a very 
 large share of property is in the possession of the House odjords ; 
 that this property is equally taxable, and taxed, as the pro- 
 perty of the uommons ; and therefore the Commons not being 
 the sole persons taxed, this cannot be the reason of their 
 having the sole right of raising and modelling the supply. 
 The true reason, arising from the spirit of our constitution 
 seems to be this. The Lords being a permanent heredi< 
 tary body, created at pleasure by the King, are supposed 
 more liable to be influenced by the crown, (and when once in- 
 fluenced to continue so,) than the Commons^ who are a tem- 
 porary elective body, freely nominated by the people. It would 
 therefore be extremely dangerous, to give the Lords any power 
 of framing new taxes for the subject ; it is sufficient that they 
 have a power of re/ec/mg", if they think the Commons too lavish 
 or improvident in their grants. But so reasonably jealous are 
 the Commons of this valuable privilege, that herein they will not 
 suffer the other house to exert a«y power but that of rejecting ; 
 they will not permit the least alteration or amendment to be.made 
 by the Lords to the mode of taxing the people by a money bill ; 
 under which appellation are included s^l bills, by which money 
 is directed to be raised upon the subject, for any purpose or in 
 any shape whatsoever ; either for the exigencies of government, 
 and collected from the Kingdom in general, as the land tax ; or 
 for private benefit, and collected in any particular district, as 
 by turnpikes, parish rates, and the like." 
 
 Here then Mr. Speaker^ we perceive what are the rights of the 
 House of Commons in England, as well as the reasons upon 
 which they are founded. Similar rights were given to this House 
 in the constitution, which the liberality of the parent Govern- 
 ment extended to us, and we should be unworthy of them if we 
 did not endeavor to preserve them. It is really deplorable to re- 
 flect that our constitution is more liberal and munificent than 
 that of any other Colony and yet that in no other Colony arc the 
 popular Branch so frequently reproached by the other Branches. 
 This observation ispeculiarly true, with respect to our Governors, 
 and can, I think, only be attributed to undue influence being 
 used to the prejudice of this House. In the nomination of a 
 Nobleman of the high rank and exalted character of the /o/e 
 Duke of Richmond, to the Government of the Colony, it might 
 have been expected a mark of attention to its interests, and a 
 sensibility to its importance, were exhibited by the Parent State, 
 .sufficiently powerful to have counteracted the baneful influence 
 
\7 
 
 of those party attaclimentB Avhich had bo long and so detrlmentallf 
 pervaded the administration of public atlairs. The Termina* 
 tion of the Session of 1819, shewed, that in indulging such an 
 expectation we (and the Country at large) were unssmbly 
 disappointed. 
 
 It was truly painful to see a Nobleman of the most elevated 
 mnk — whose character was just, upright, honorable anti exalted 
 —led by mibapprehension, arising iiom misrepresentation, lo 
 censure the exercise of the highest constitutional right which the 
 Commons' Branch of the Legislature possesses. I would ask 
 how it comes, no matter who is Governor, that the rights should 
 be denied to us which are constantly exercised by this Branch ot 
 the Parliament at home, and by the popular Branch in every 
 colony, but that of Lower-Canada, without reproach ? There 
 is at.fatiility attending our Governoi*H, that notwithstanding their 
 assuming the reins of Government with the most devoted in- 
 tentions for the wel&re of the Proviace, they are constantly 
 misled, and their own generous idea« and views, as well as thos9 
 of the parent state completely frustrated. My respect for the 
 memory of the late Duke of Richmond, were my personal 
 feelings alone concerned, would lead me to pass over in silence 
 his Speech, but we cannot put upon our Journals oar sense of 
 the rights we possess, and which have been denied, without 
 noticing the attack, which has been mads upon them by the 
 Executive and in doing so, we are not only protecting our own 
 rights, but are even asserting those of the Lee;isktive Council 
 itself. Our Legislature consists o£ three Branches, and it is the 
 equality of liberty of action, and the equality of rights which 
 each possesses, that constitute the harmony and beauty of the 
 whole. This being the case, it is impossible to say otherwise 
 than that the peculiar privileges and rights of this House have 
 been attacked, and a censure passed on it, and its Meiniiers. 
 The right of levying taxes and granting such supplies to the 
 Crown as it judges necessary, and in such a manner as it con- 
 siviars expedient, is a right that never was denied to ant/ House 
 of Commons or House of Assembly, except /Art* of Lowe b-Ca- 
 NAOA. The constant practice of the Commons of England, 
 ifncontestibly proves the right, and the united opinions of the 
 widest Statesmen and Lawyers that ever did honor to their 
 country, sanction the constitutional excellency of such a power 
 being vested in them. For exercising this invaluable privilege 
 w« have been censured, and I shall theretbre vote for the motiuu, 
 but i could not do so in silence, when Honourable Members 
 expressed doubts a» to the RESoiiVfi of the CauacU, and the 
 
 ' i- 
 
 
18 
 
 Speech of His Grace, containing fifiverally,a censure of the pro- 
 ceedingfl of this Branch ol'the Legislature. 
 
 Mr. Davidson perfectly agreed with the Honoun:''le Member 
 for the County oi Qurhec, that this HouHe wan co-equal with 
 the other Uranches of the Legiblature. Iilach of the three had 
 itfl particular functions to exercine, and while each confined 
 itself to tho«e limits which the constitution had prescribed, in- 
 terit'rence from any other, was certainly improper, and ought to 
 be discountenanced. As a Member of this House, he (Mr. 1).} 
 would at all times maintain to the utmost of his ability, its con- 
 Ptitutional rights and privileges. ^Encroachment upon them 
 from any quart<>r, he would steadily resist ; but upon tlie present 
 occasion, he thought the House would go far enough if it asserted 
 its rights, without mttkingso i)oinled a censure upon His Grace 
 the late Governor in Chief, lieviewin^ the life ot the lute Duke 
 of KicHMOND, it was impossible (said Mr. D.) but he must 
 have been intimately acquainted with the constitution of his 
 Country ; and he felt persuaded that no Honourable Member 
 had so incorrect a knowledge of that exalted nobleman as to 
 imagine he would by any act of his, infringe upon the constitu- 
 tional rights of this House. 
 
 When I'Veflect Cconiinued Mr. D.) on his elevated rank and 
 his great talents, and recollect the length of time he was a Mcm« 
 ber of the House of Commons, how long he was an ornamcht of 
 the House of Lords, that he had as Vice-Roy ot^ Ireland, been 
 the immediate Representative of His Majesty, in an integrut 
 Branch of the British Empire — when, Mr. Speaker , all these 
 circumstances present themselves to my mind, I cannot but con- 
 clude^ that he was well acquainted with the constitution and 
 with parliamentary usage. He knew and respected the rights of 
 this House as one of the Brancheb of the Legislature, but lie ^It 
 he had rights appertaining to himself, as the representative of 
 his Sov«?reign ; and I believe no man knew better or was more 
 disposed to sustain the relations in which the several Branches 
 constitutionally stand towards each other. 
 
 I am confident (said Mr. D.) that this House must be sensi- 
 ble, that there never came to the country, a man more anxiously 
 devoted to its prosperity It was the object of all his solicitude 
 by nighi and by day, and the subject of all his conversations, 
 public and private. Immediately upon his arrival, he entered 
 upon a personal investigation of the Country itself, gathering 
 from his own observation a knowledge of its resources, extent 
 and military aspect. He saw on one hand immense resources, 
 and on the other, a population rapidly extending itself, and 
 desirous of calling into action all its energies, neither labour^ 
 
19 
 
 trouble nor expence were spared to acquire that intimate know* 
 led^o of the country and itH population, which should enable him 
 advaniHtfeously to administer the (iovernment he had accepted. 
 It is truly astonishing to consider how much valuable informa- 
 tion he acquired in lo short a time, and deeply to be regretted, 
 that he was not spared to procecute those plans, and that system 
 of Government which, founded on a correct knowledge of the 
 wants aadc£Cpacity of the country,required only time to develope. 
 Asa MAM in PRIVATE LIFE, he was actuated by the most 
 lofly sentiments of honor, of justice and equity, and his whole 
 character was eminently calculated to gain the confidence and 
 affections of the people. In his public chaiiactbr — as the 
 the REPUE8ENTATIVB ofhis SOVEREIGN —he was firm, honor- 
 able, easy of access, liberal in his sentiments, di(;nitied and 
 unassumuiff in his deportment, and every way qualified to 
 covern with honor to himself, and advantage to the country. 
 Impressed with these sentiments (said Mr D.) 1 cannot ad- 
 mit that the Duke of Richmond would unconstitutionally in* 
 fringe upun the rights and privileges of this House, aliho , no 
 doubt he considered the conduct of the Legislative Council as 
 more consistent with the spirit of the constitution than that 
 pursued by this House. Under theHe circuinsfances, he (Mr. 
 D.) thought a general declaration of its rights, to be fret from 
 censure by thf other Branches, would be going fitr enough. 
 
 Mr. Stuart — I cannot, Mr. Sp<aktry allow a question of this 
 importance to go to a division, without explaining the senti- 
 ments which govern the vote I shall give. I perfectly concur in 
 opinitm with the Honourable Memoer for the County of jfiTew^ 
 (Mr. Viger) that wherever cur rights and privileges are infring* 
 ud, from any quarter, it is our duty to assert them. The only 
 mode we can constitutionally adopt for their protection, when at- 
 tacked by either ofthe other Branches of the Legislature, is by plac- 
 ing upon our Journals, a voteof the House, declaratory uf such 
 riglus and privileges, and expressive of ojr opinion as to tlreis 
 infraction. The )ionourable Member for the County of Hunl^ 
 i/igdon (Mr Cuvillitr) 1 consider in error, when he su})fK)se3 
 the Honourable Member for the Ois-trict ot^ Gaspe {Mr. lasche- 
 reauj is acting in contradiction to his conduct upon the resolu- 
 tion moved by Mr. Bedunl, in IHIO. V reference to the Journal 
 of that year will shew tliat Mr. Bidurd\s resolution was confined 
 to a general declaration, '* That every attempt of the Executive 
 Government, and of the other Branches of the Legislature 
 against this House, whether in dictating or censuring its proceed- 
 
 g the conduct of one part of its Members, 
 the conduct of the others, is a violation of 
 C2 
 
 ii 
 
 jngs, or in approvin 
 and disapproving of 
 
 ■m 
 
20 
 
 «}ie statute by whch this House is constltuied, a breach of the' 
 privileges of this House, against Mrhich it cannot forbear object^ 
 ins, and a dangerous attack upon the hberties of His Majesty's 
 simiectB.'* >;ik ><• -;j*.i.>' 
 
 For my part I should on this occasion have preferred a direct 
 resolution to the series which the Honourable Member for the 
 County ot Quebec, in the exfercise of his judgment, has deenied 
 it expedient to submit. Nevertheless, 1 cannot but vote for the 
 resolution now before the House. 
 
 This resolution is predicated upon an Entry in the Journals of 
 the Legislative Council^ in these words, " That the mode adopt- 
 ed by this Bill to defray the expenses of the Civil List, is 
 unprecedented and unconstitutional, and a direct assumption 
 on the part of the Assembly, of the most imp'^r^ant rights and 
 pi*erogatives oftheCi*own ; that were this Bill to be passed into 
 a Iaw, it would give to the Commons pf this Province not 
 merely the constitutional privilege of providing the supplies, 
 but the power also of prescribing to the Crown the number and 
 description of its servants, and of regui?,t!ng and rewarding 
 their services individually, as the Assembly should from time to 
 time, judge meet or expedient ; by which means they would be ren- 
 dei-ed dependant on an elective body, instead of being dependant 
 on the Crown, and might, eventually, be made instrumental to the 
 overthrow of that authority, which, by their allegiance, they are 
 bound to support," and upon an Entry on the pages of our own 
 Journals, being a part of the Speech of His Grace the late 
 )ament<t!d Governor in Chief, upon the prorogation of the Legist 
 laturein 1819 viz: "You, (jrcntlemen of the Legislative Coun- 
 cil, have not aisappointed my hopes, and I b^ to return you 
 my thanks for the seal and alacrity you have shewn in all that 
 more immediately belongs to your body. It is with much con- 
 cern I feel myself compelled to say, that I cannot express to you, 
 Gentlemen of the House of Asst.-mbly, the same satisfaction, rtor 
 my approbation at the general result of your labours, (at the 
 expense of so mucu valuable time) and of the public principles 
 Tjpon which they rest, as recorded in your Journals.-— -You pro* 
 ceeded upon the Documents which I laid before you, to vote a 
 part of the sum required for the expenses of th^ year one thou- 
 sand eight hundred and nineteen, but the Bill ot Appropriation 
 which you passed was founded upon such principles, that it 
 appears from the Journals of the Upper-House to have been con- 
 stitutionally rejected : His Majesty s Government has been thus 
 left without tne necessary supplies for supporting the Civil 
 Administration of the Province for the ensuing year, notwith- 
 standing the voluntary ofier and pledge given to his Majesty by 
 
21 
 
 the' 
 
 19 
 
 ihe Resolve of your House of t\i^ thirteenth February, one thou- 
 Band eight hundred and ten/' 
 
 The resolution now before the Chair, calls upon this House 
 to declare that these Entries st verally contain a censure upon the 
 proceedings of this branch of the Legislature. It proposes that 
 we resolve, "that the said entry in the Journal of the Legislative 
 Council, of the 2\u Aprils 1819, and the Speech of His Grace 
 the then Governor in Chief, of the 24th April of the same year, 
 do severally contain a censure of the Proceedings ofth«s branch 
 of the Legislature." In determining mi/ conduct upon the present 
 occasion, I put but one qiiestion to myself Is ihe statement 
 contained in the resolution true or is hf'afse ? If it be true I shall 
 vote for the motion — if it ht^ false I shall vote against it. And 
 first, with respect to the Legislative Council. — That it is the 
 undoubted right of the Leghlative Council, to express its 
 opinions in ordinary, cases, and to record them ^oo, in contra- 
 diction to those expressed by this Hoii'^e I am well aware; but 
 the accusation made by this Entrylsof no ordinary description. 
 It is much to be regretted, that at this late dny we should be 
 obliged, in this House, to discuss first principles. It is deplo- 
 rable, that in a colony the most favored by the Government of 
 the mother country ol'any of her dependent Provinces — a colony 
 raised above all other?, by receiving a constitution, modelled 
 after that of the parent state — It is deplorable, I say, that thus 
 situated, there should be found in a collateral branch of the 
 Legislature, a disposition to question and to deny a right given 
 to this House by so high an authority. In what other Country 
 — what other Colony or Province is the right of the House of As- 
 perably, to dispose of the revenues of the Province, rai?ed under 
 its own authority ever questioned r In none — in this miserabl<> 
 and unhappy Prnvince alone, it is that any have been found 
 sufficiently daring to presume to trt,mple upon our rights and to 
 censui'e us for exercising them. It is here, alone, that the 
 beneficent intentions of the parent Government are perpetually 
 thwarted, connterac ted and done away with by the assumption 
 of powers incompatibk' with the constitution and sulbversive of 
 «very thing that is valuubie lo us. 
 
 The Hon. Member for the County of Kent, ("Mr. Viger) re» 
 ferred to Blackstone's Commentaries, the most elementaiy 
 work with which English Lawyers are acquainted, and well 
 might he do so, when the most obvious principles of the Con- 
 siitud' 1 are disputed and denied. That work shews that it ia 
 the undoubted right of the representatives ot the people to ori- 
 ginate all bills for granting aids or supplies to the executive, and 
 if it be their prerogative to originate such bills, it belongs to 
 
d2 
 
 tliem, as a matter oF I'ight, to limit and qualify them in such 
 manner as in their discntion seems meet. Yet for the exercise 
 of this right, so universally acknowledged, we have been censured 
 by the other branches of ihe Legislature — censured by bolh, for 
 unfortunately the late Duke of Richmond sanctioned the 
 conduct of the Legislative Council, and added his reproof 
 to that which two or three days before we had received from 
 that body. " It is (said His Grace in his Speech ot S^tb Aprils 
 1819,) with much concern I feel myself compelled to say that I 
 cannot express to you. Gentlemen of the House of Assembly, 
 the same satisfaction, (as that wifh which he hud complimented 
 the Legislative Councillors) nor my approbation of the general 
 result of your labours, (at the expense of ho much valuable time) 
 and of the public principles upon which they rest, as recorded in 
 your Journals. You proceeded upon the docuirlents which I 
 laid before you to vote a part of the sum required for the expen- 
 ses of the year 1819, but the Bill of appropri:.tion which you 
 passed was founded upon suth principles, that it apj^ears from 
 the Journals of the Upper House, to have been constitutionally 
 rejected. His Majesty's Governinent has thus been left without 
 the necessary iiupplie> for supporting the Civil Ao ministration 
 of the Province for the ensuing year, notwithstanding the volun- 
 tary offer and pledge given to His Majesty by tlie resolve of your 
 House, of 13th February, 1810." At the timd of the passing 
 of the Bill of appropriation referred to in the extract I have just 
 read, it appeared to me necessaiy, from particular circumstances 
 which it was then impossible to control, to vote the Civil List in 
 a different manner or form from that in which it was ultimately 
 sent to the Legislative Council. As to the rigi^t of this 
 House to vote it in whatever shape it judged most eligible I never 
 fi>r a moment entertained a douht. My reason fbr voting as I 
 did upon that occasion, to make the various appropriations by 
 chapters wag that circum.stances in my opinion almost compelled 
 such a mode of appropriation, so as not to retard the public bu- 
 siness, and the regalar course of Government, but as to the 
 HiGUT of the House to direct and limit the appropriation?, a 
 douht, never entered my mind, nor can it be called in question 
 by the other Branches of the Legislature, without a direct in- 
 fringement of the Constitution. 
 
 It is undoubtedly the duty and the Province of this House 
 |o furnish the necessary supplies to Government, but it is its 
 peculiar right to give those supplies on its own terms — this right 
 we have always avowed, and I should hope we will never be 
 disposed to concede, ungratefid as it may be to those gen<i 
 tienjen who WQuld d-^^prive us of every privilege, except thai 
 
 not 
 
 ilSSU 
 
 right 
 
 the 
 
 tious, 
 
 a bra! 
 
 Kim 
 
 the 
 
 these 
 
 deny 
 
 to a 
 
 ly th 
 
 seems 
 
 presc 
 
 vants 
 
 as th 
 
 fedif 
 lous 
 votin 
 
23 
 
 of voting monieg, whenever th^y may demand them and to 
 whatever extent they may think proper to require. But really 
 the information of the Legislative Gouncil upon the 
 rights and privileges of the Commons House of Parliament, and 
 of their practice is of a very singular description, for ihey gravely 
 tell the world by the Entry upon their Journals, that the mode 
 adopted by this House in its bill to defray the exp'^nses of the 
 Civil List, is unprecedented. Where they would look to find a 
 Colony, wherein the right of making ' 'oney appropriations, has 
 not been constandy held to belong to this branch of the Legisla- 
 ture, and as constantly exercised by it, independently of any con- 
 trol as to the mode of granting th^m,oras to their extent, I confess 
 I am at a loss to imagine. Unprecedented! why every other Colony 
 though not so highly favored as this, possesses and exercises 
 the right of voting supplies, for the support of the administration of 
 Government as it judges most expedient, of making particular 
 appropriations for particular purposes, and of diminishing or with- 
 holding altogether any demand which it considers unnecessary or 
 excessive. What I would ask of those gentlemen who assume 
 to themselves, powers, such as never before were arrogated by a 
 collateral branch of any legislation, what do they find in 
 Canada so degenerate as to consider this House and the Country 
 at large, insensible to the blessings bestowed upon them by the 
 constitution. Not only are we told that our conduct is unprC' 
 cedentedy but that it is also unconstitutional, — this indeed is a 
 discovery of no ordinary depth, but they do not stop here It is 
 not only unprecedented and unconstitutional, it is also " a direct 
 assumption on the part of the. Assembly, of the most important 
 rights and prerogatives of the CVot£)/7." By what authority do 
 tlie Legislative Council take upon themselves, to bring accusa- 
 tions, and then to pronounce sentence of condemnation against 
 a branch of the Legislature, every way co-equal with them. The 
 Ring himself, the Monaixh of the Empire would not a*„ ^ to 
 the august body of the House of Cornmons of England, yihat 
 these gentlemen, without the shadow of an authority would 
 deny to us. They go on to say, *' that were thi- Bill to be passed in- 
 to a law,it would give to the Commons of this Province,not mere- 
 ly the constitutional privilege of proviJing the siippliei," (that it 
 seems we may still be permitted to do) " but the power also of 
 prescribing to the Crown the number and description of its ser- 
 vants and of regulating and rewarding their services individually, 
 as the Assembly should from time to time judge meet and ex- 
 
 fedient." It appears to me that these gentlemen consider this 
 louse an unnecessary appendage to the Legislature, except in 
 voting supplies. If in so doings and in every other case; thia 
 
 4 
 
 ^* 
 
34 
 
 House is not to exercise its judgement upon what (fomes heCort 
 it, why do we assemble ? If our discretion be denied ub, we 
 have nothing to do here, we are merely wasting our time and 
 the resources of the Province. The Government might as well 
 (to use a homely expression) give us the hog^ for upon these 
 principles we are merely a burthen to the Legislative Council. 
 But we come now to a charge more serious. The Council 
 
 {)roceed to state wlmt they dread as the fatal consequences like- 
 y to follow from this House exercising the chief of its rights — 
 the granting of supplies to the Crown upon its own terms — and 
 i&tal indeed they are, according to their apprehensions. This 
 jpart of their resolution must I think have passed rather incon- 
 siderately, for after the Executive had sei\t us the Civil List in 
 the shape we received it, our duty would have been greatly neg- 
 lected if we had not proceeded to give it the most minute con- 
 sideration. *' By which means (saj/s the enlrij on tkcir Jour* 
 nals) thei/^ {the servants of the Crown) woulH be dependant ou an 
 elective body, instead cf being dependant on the C»'own, and 
 might eventually be made iuFirumental to the ove ^now of 
 that authority, which, by their allegiance they are bound id sup- 
 port." How ill God's nauie are the servants of the Crown to 
 become dependant on an elective body, instead of being de- 
 ' pendant on the Crown ? Do zve dispense places — do we dispose 
 ofthe(avorsof the (^rown, or deprive iisservantsof their offices? 
 Or is it thought by the Lkgislative Council that we repre- 
 sent a PEOPLE so ungenerous and are ourselves so baae and 
 so ill qualified to be the representatives of such a people that 
 we would deprive the Crown of the servants necessary for the 
 transaction of its business, or the support of its dignity, such an 
 idea can only proceed from Absolute ignorance, ^r from wilful 
 misrepresentation, and is calculated only to excite distrust and 
 ahenate the afTections of the diflerent Branches of the Govern- 
 ment, and the people from each otha*. When a collateral Branch 
 of the Legislature by a solemn ;ote declares the exercise, by 
 another and equal Branch, of their peculiar rights — rights con- 
 Icrred upon them by a Constitution which is the greatest boon 
 ever conferred by a paternal Government — " would render the 
 servants of the Crown dependant on an elective body, instead 
 of being dependant on the Crown, and might eventually be 
 made instrumental to the overtiirow of that authority which, by 
 their allegiance they are bound to support," it becomes this 
 House with firmness to assert its righth, and by resolut.v. n» such 
 as those introduced by the Honorable Member for the County 
 of Quebec to repel the attack thus made upon them 
 It had been truly observed by the HunortU^le mover of Unesf 
 
25 
 
 beforfe 
 
 e and 
 J well 
 ) ihese 
 icil. 
 
 UNCIL 
 
 >8 like- 
 ghts— 
 \ — and 
 This 
 incon- 
 List in 
 ly neg- 
 e con- 
 r Jour* 
 L on an 
 vn, and 
 now of 
 ta sup- 
 •own to 
 ing de- 
 dispose 
 offices? 
 ^e repre- 
 laae and 
 pie that 
 ' for the 
 such an 
 in wilful 
 rust and 
 Govern- 
 [ Blanch 
 xise, by 
 htB con* 
 est boon 
 nder the 
 , instead 
 ually be 
 Ikich, by 
 wes this 
 . nH such 
 County 
 
 of tllfiSf 
 
 Resolutions, at a previous stage of the proceedings, that it was a 
 matter of sarpi ibc, that the Legisfative Councif, having, as Mem- 
 bern, so many gentlemen occupying high and lucrative offices 
 under the Crown, should feel the apprehansious stated in these 
 resolutions, that the public functionaries geneially, would 
 become traitors, if they were not paid to remain loyal. 
 
 I concur entirely with the Honorable Member in this senti- 
 ment. What then becomes of their oaths of Allegiance ? 
 AV hat becomes of their honor ? They tell us that they cannot 
 trust themselves, and that they are prevented from bartering 
 botk only by vile gold ! And these are the »nen liiuhe^t in the 
 confidence of His Majesty's (aovernnient ! What though ther/ 
 should make the exchange, will they carry away with them a/l 
 the loyally of the country ? Will there be none left interested 
 in the support of Laws and Government? Have the country 
 gentlemen, and the large class of landholders in the country, tio 
 interest in the maintenance of the administration of Justice ?— 
 Have //ley no lionor — no faith? Are all the other classes of 
 His Majesty's subjects, in this Province, as base and hollow 
 ■hearted, as these resolutions represent His Majesty's public 
 functionaries to be ? 
 
 The importance of the independence of the judiciary, liasbeea 
 urged by many. No one is more sensible of this than myself. 
 Ido not see that the voting of the Civil List, in block (en blue,) by 
 items or by classes, can make any difference as to this matter.— 
 Any measure calculated to secure their independence, must meet 
 the cordial support of every friend of the Laws. They were, it 
 is true, dependent, but not on the people, or this House., they were 
 dependent on the Croim ; they hold their seats only during good 
 pleasure : yet when have we heard them complain of this 
 dependence. 
 
 For the resolution before the House I shall certainly vote, 
 although, I should have preferred the mode adopted iii 1810, as 
 more consistent with the dignity of this House. In assigning 
 the reasons which influence the vote I shall give, I feel regret, 
 that I may perhaps, have appeared to reflect unfavorably, on a 
 j)art of the conduct of His Grace, the late Governor in Chief. 
 An Honourable Member (Mr. Ciivillier) has said, ^^ peace to his 
 ashes /" — I say peace and love, honor and veneration be to his 
 ashes ! Of the public measures of the Government it is my 
 duty on this occasion to speak. Of the Duke of Richmond, 
 himself, no one could feel any other sentiment, than the highest 
 respect and admiration. He had not in view, he cou'd not 
 have in view any thing, but the advancement of the Colony. 
 In the first instance, iiowever, his information must of necessity 
 be deiivfcd from the constituted authorities. It was not surpris- 
 
 D 
 
26 
 
 ing then, that at the commencement of his administration, he 
 sliould fall into error. But associating as he (lid, with every 
 person from v/hom he could derive information, his knowledge of 
 ihe people and th** resources of the Colony must have extended 
 itBeU, and having detected the imposition, hut too successfully 
 practised upon him, lam persuaded, that such was his sagaci- 
 ty, and the ingenuousness and manliness of his nature, that before 
 this time, he would (having discovered the truth) not have hesitat- 
 ed to avow, and repair, any error which he might have fallen into. 
 Unfortunately however, and by one of those mysterious dispen- 
 sations of divine providence which are beyond our feeble powers 
 to scan, but to wliich it is our duty to boNjr with humble resig- 
 nation—unfortunately I say, before the beneficial effects of the 
 character of the colony being estimated from his own observation, 
 could be felt and enjoyed — the Duke of Richmond was sud- 
 denly siatched from his family, his government and his country 
 for ever. Had this not been the case, viewing his character at 
 the humble distance I had in some degree, fin opportunity of 
 becoming acquainted with it, (for God knows I was no courtier 
 of the Duke of Kichmond ; ) viewmg his great and manly 
 character, as it constantly displayed itself, from \m first entry into 
 public life, to the moment of his death — looking at his character 
 as a statesman and as a soldier — looking at his public conduct, 
 when occupying the highest station that a British subject can 
 hold from his sovereign, (the Lord Lieutenancy of Ireland^) and 
 this under circumstances peculiarly trying; we are justified in.the 
 belief, that had he been spared to this country, he would before 
 this time, have duly appreciated the characters of those, by whom 
 he was surrounded; and who too long for the honor and happiness 
 of this province, have regulated its affairs. Withdrawn from their 
 councils and prejudices, under his beneficent administration, we 
 should at Itist, have enjoyed those advantages, which the wisdom 
 and munificence of the mother country, has hitherto vainly at- 
 tempted to confer upon us. 
 
 In viewing the end of this great man, it is impossible not to be 
 overwhelmed by the visitation, both ivf the extent of our loss and 
 the peculiarly afflicting circumstance^ which marked the calami- 
 ty. Whilst pursuin" inquiries, whence the most important conse- 
 cjuences were fondly and justly anticipated, with a zeal propor- 
 tioned to the anxiety he felt fqr the improvement of the country ; 
 regardless of his own personal ease and convenience, and at a 
 distance from the comforts and elegancies oflifb, to which he had 
 been accustomed, the Duke of lliciiMo\n was destined to 
 pee the slow, steady and unrelenting approach of death in one of 
 its most afllictive forms. Surrounded only by two or three personal 
 friends, at a distance from his family, in the log hut ol a poor 
 
 fi 
 
27 
 
 he 
 very 
 re of 
 ided 
 fully 
 
 settler of the Ottawa, died this heir of three Dukedoms, iti the 
 full maturity of his virtues and endowments. 
 
 Thus died in arduous exertions for the welfare of this country 
 a Richmond! leaving his country an inheritance, spotless 
 as his virtues and imperishable as his fame — his charac- 
 ter. That belongs to England — to Ireland — to Canada, 
 His character belongs tohi3Country,and to England particular- 
 ly, it forms a noble inheritance. Uniting in himselfall those qua- 
 lities which adorn human nature, he exhibited a noble example 
 of real greatness to all around him. Brave to excess, almost 
 intuitive in his perceptions, indulgent to the weaknesses and 
 
 Eassions of others, but governing his own with a rod of iron, the 
 lood of three royal families ennobling his veins ; thus highly 
 gifted he formed a dignified representative of his Sovereign, and 
 in the full maturity of all his virtues and endowments, he ac- 
 cepted the Government of these Provinces. Immediately he 
 repaired to them, and as instantly commenced the execution of 
 the great plans which he had devised for their improvement, and 
 in the prosecution of them sacrificed his life. What must be our 
 feelings, when we reflect that this highly exalted — highly gifted 
 — this almost unequalled Nobleman was destined to die in a 
 hovel, unattended by any one ot his family to sooth his passage 
 to the tomb, bereft of the attentions of his amiable and beloved 
 daught' v. 
 Eminently distinguished, as he had been, through life, foe 
 
 I»ersonal courage and fortitude, how painful to think that hi» 
 atter moments should be disturbed by an apprehension of 
 losin? his accustomed control over his own mind and actions. 
 But liis accustomed fortitude did not forsake him — his soul 
 remained erect and unshaken ; there was no complaint — no 
 claim upon the sympathy of those around him. On the con- 
 trary, concealing with anxious solicitude the pain which he 
 felt, he occupied himself in giving directions, whereby acts of 
 beneficence and kindness to others, commenced by him in life, 
 should be consummated, when he should himself have ceased 
 to exist ; and in preparing for the great change which was sooa . 
 to take place. 
 
 Leaving his public^ and approaching his private character, our 
 sympathies are equally powerfully excited. All those qualities 
 of mind, which constitute the happiness of domestic life, eminent- 
 ly centered in the Duke of Richmond — the affectionate Hus- 
 band — the indulgent Father — the liberal Master — he stood 
 the respected and almost adored head of his family. In his 
 friendship f warm as it was extensive, carrying into its circle all 
 those domestic feelings which solaced his family ; it was not th^ 
 trifling offices, that are so frequently and so improperly,dignified 
 
 D 2 ' 
 
28 
 
 m 
 
 with tliat name, that marked his attachments, ror were they li- 
 mited; forhe was anxious to confer substantial, real happinessjon 
 all that came within the extended sphere of his observation. 
 
 The reflection, Mr. Speaker, is awfully humiliating to the 
 lofty pride of human nature; that theenerajies of even a Rich- 
 mond, mighty as they were, became the ravinjjs of folly or the 
 stupor of insensibility at the nod of Omnipotence. I can 
 figure nothing so truly melancholy as the last scene of this great 
 roan's life — nothing more agonising than his employment of 
 writing to his affectionate and beloved daughter, and preparing 
 her mind for the loss she was about to sustain ; thus to the last, 
 maintaining and clinging to hia greatness of mind. For my 
 own part, J am lost in admiration of the wonderful union of 
 fortitude and benevolence whieh this scene exhibits, and can 
 imagine nothing to be compared to it, nor of the feelings it must 
 have excited in those who witnessed it, except I compare it to 
 our seeing a Newton or a Bacon, men whose intellectual and 
 moral powers had measured the heavens, and given laws to the 
 f^arth; men possessing such an influx of the divine mind that 
 they can hardly be said to be uierely human, or that the gene- 
 rality of mankind belong to the same order of beings — 1 siiy, 
 Mr. Speaker, I can compare it to nothing but the effect that 
 would be produced, byseeinga Bacon, or,a JVEwTON,reduced to 
 a state of drivelling imbecility, racked with the fury of madness, 
 or their faculties chained with the stupor of ideotism. From 
 the time he put on the robe of manhood, the distinguishing 
 characteristic of the late lamented Duke was— command of 
 SOUL; and to contemplate the loss of it, in the moment of 
 death, must have been to him the sting that agonised the hours 
 of its approach. 
 
 Mr. Speaker, we feel, we deeply feel our loss, but the extent 
 of it can hacdly be ascertained. It is an inscrutable dispensation 
 of Providence, to which we must bow with humble submission ; 
 melancholy as is the consideration that one born to riches, to 
 rank, to honor, who was liimself all goodness, should be destined 
 to pass his last moments in the manner I have stated. I have 
 very feebly p' pressed my sense of his character, and my regret for 
 his loss, and have to thank the House for its indulgence. 
 
 Mr. Qucsnel said a tew words in support of the motion, but 
 they were too indistinctly heard in the Gallery to justify an at- 
 tempt to report his obsei-vations. 
 
 Mr. Oldham — referring to an observation of Mr. Stuart, which 
 he supposed directed to his remarks at the opening of the debate, 
 declared, that he had delivered his sentinitnts on the present 
 occasion, as a subject of His Majesty, who gloried in living under 
 the constitution, it was the happiness of thia Country to possess, 
 
"^ 
 
 of 
 
 ^9 
 
 and witVi that freedom which became a Member of that House. 
 The Honourable and learned Member no doubt well understood 
 the Constitution of his Country, and so (said Mr. O.) do I too, 
 after my way (suivant mafaqon.) The constitution gave us a 
 Legislature, composed of three Edtates. A purely monarchical 
 government, was certainly not desirable, an aristocmtical was 
 still worse, but a democratical worst of all. No Honourable 
 Member (Mr. O. said) was more anxiously disposed than him- 
 self to declare and protect the rights of this Branch of the Legis- 
 lature, but the censure* contained in this resolution, he consider- 
 ed as too direct, and only calculated to extend still further, the 
 very prejudicial differences he hatL before alluded to. Under 
 the free government we enjoyed, the three Estates were equal, 
 and it was only in the happy union of the whole, that the advan- 
 tages of such a form of Government could be fully experienced. 
 The admirable balance of power which it exhibited had caused 
 all the world to copy after its model, and he (Mr, O.) trusted 
 that this House would be cautious of doing any thing, which, 
 by possibility could impair such a constitution. Mr. O. conclud- 
 ed, by expressing his willingness to vote for the second resolu- 
 tion, as It contained an assertion of the rights of this House, 
 but go further he could not. 
 
 mv. Bourdages expressed his determination to vote for the 
 resolution before the House, and also for those which he sup- 
 posed would afterwards be submitted to them. He considered 
 that if the resolution of the Legislative Council, and the Speech 
 of the Idte Governor in Chief were constitutional, that the stand- 
 ing rules ofthis House must be unconstitutional. The Resolution 
 and the Speech in his opinion equally censured thi^ Branch of 
 the Legislature. He did not know that either the Council, or 
 the Governor had a right to do so at atj/ time, but he was cer- 
 tain they had not, whilst this House governed its proceedings by 
 its rules. On the present occasion he must assert that, in the 
 mode in which the Civil List had heen voted in 1819, this House 
 had been strictly within the letter as well as the spirit of its rules ; 
 and (added Mr. B.) whilst actmg in that manner, I cannot bear 
 nor ought this House to submit to censure from any quarter. Mr. 
 B, then read the second standing r»iie under the head "Aid and 
 Supply," and also the second standui<x rule under head " Pe- 
 
 >) 
 
 T1TION8," contending strongly that the mode in which the Civil 
 List had been voted, was in strict accordance to both, and being 
 so, that it was the duty of this House to repel with becoming 
 indignation, the censures which that conduct, though so highly 
 constitutional hrid called forth. Referring to the observations of 
 Mr. Oldham^ relative to the intention of the Legislative Council, 
 (Mr. B. said) he could only judge of it by their public conduct, 
 
 I 
 
30 
 
 and whatever ihey mij>rit mean or intend, they had attacked tlia 
 constitutional rights of this Flouse, and passed a direct and 
 unmerited censure upon its proceedings. He concluded by de- 
 claring, that for these reasons he should, vole for the resolutions. 
 
 Mr. VullUres de St. Real — said, he would on the present 
 occasion have preferred the siiort and direct course, which 
 characterised the vote of the House in 1810, which upon motion 
 of Mr. Bedard, proceeded at once to declare, " That every 
 attempt of the Executive Government, and of the other Bran- 
 ches of the Legislature against this House, whrMier in dictating 
 or censuring its proceedings or in approving the conduct of one 
 part of its members, and disapproving the conduct of the others, 
 isa violation of the statute by which this House is constituted — 
 a breach of the privileges of'this House, against which it cannot 
 forbear acting, and a dangerous attack upon the rights and 
 liberties of His Majesty's subjects." But no doubt (said Mr. V.) 
 the Honourable Member who introduced the resolutions, had 
 satisfied his own mind on the eligibility of the course he had 
 adopted, and I shall not therefore detain the House upon that 
 point, but immediately proceeding to the cojisideration of tjie 
 resolution as it stands, t shall state the grounds upon which my 
 assent will be given to it. 
 
 It is with sentiments of regret that I feel myself forced to 
 give a vote, which reflects in an unfavorable point of view, any 
 actofthe/fl/e Duke of Richmond; but those feelings are 
 considerably abated from the conviction that the one in question 
 never was an emanation from his own mind, for it was a mind 
 too great and too manly to have conceived or uttered such senti- 
 ments, had his information and knowledge of the character of 
 the people he was to govern, and of the character of this House 
 been the residt of his own discriminating observation. His 
 Grace it ought to be remarked, assumed the Government of a 
 Colony to which he was an entire stranger-r-of a Colony, the 
 habits, customs and the laws of which, were different from what 
 he had witnessed in Europe, and it was his misfortune to receive 
 the information which he felt it his duty to seek, from persons 
 whose motives and dispositions were widely different from those 
 •which swayed his actions. If His Grace had been spared longer, 
 it is not likely that this House would now be debating, whetner 
 adopting the sentiments of the Legislative Council, the extract 
 from his Speech, which has been read, contains a censure upon 
 this House, for discovering (as he soon would have done) the 
 motives of those who thus dared to poison his mind, he would 
 have sent for this House, and w ith that manly frankness, which 
 is ever more ready to acknowledge than to persevere in error, he 
 would have assured to them the complete exercise of every ri^ht 
 
31 
 
 they possess, wiihoutapprehension of his displeasure. The evil we 
 this night deplore, and to which the resolution before the House 
 points, arises entirely from the sources whence, unfortunately 
 for the House, and unfortunately for the country, the Duke 
 OF UiciiMOND, as well as other Governors, obtained their inform- 
 mation as to the country : r/^. from those in place. It was the 
 censure of those, who would lead him to thiuK that the House 
 of Assembly are inferior to the next Branch of the Legislature, 
 and in return, it is the counsellor and not the counselled, who 
 merits, and who should receive the severity of our censure. 
 
 We hear, Mr. Speaker, the constitution constantly invoked, 
 and our conduct declared to be unconstitutional ; whilst in 
 return we declare that the conduct of the Legislative Coun- 
 cil is unconstitutional. What is this constitution to which 
 all refer as the guide of their political conduct? Or through 
 what medium do we severally read, so as to make it black, white, 
 red, green, according to our particular inclinations ? The con- 
 stitution itself cannot be so indefinite in its provisions, or it does 
 not merit theeulogiun»s so constantly bestowed upon it. But the 
 fiiult is not in the constitution, for the constitution of these 
 Provinces is the constitution of i'vWiif/flwrf, and being so, the three 
 Estates are component, but equal Branches of the Legislature. 
 The dissentions and want of concert between the different Bran- 
 ches of the Legislature, has been produced by certain persons 
 who constantly surround the Executive, acting themselvea 
 and endeavoring but too successfully to impress that Branch 
 with a similar sentiment, as if the Commons are an inferior 
 Branch of the Legislature. Whether we look to the resolutions 
 of the Legislative Council, or to the Speech ot His Grace the late 
 Goveinor in Chief, or to those of his predecessors, of which this 
 House has complained, we shall discover that they all emanate 
 from the same source. We shall perctive that it is not the mere 
 insult of a day — that it is not an occasional attack of particu- 
 lar measures, momentarily injinioue to the feelings of members, 
 but a direct and systematic denial of our inherent and most im- 
 portant rights as a constitutionally component and every way 
 equal Branch of the Le«jislature. And whence, I would ask, 
 Mr. Speaker, do the Legislative Cosncil or the Executive derive 
 the right which they thusassume ? Certainly not from the constitu- 
 tion. The Act of the 31st of His late Majesty, which created 
 the Legislature did not make us dependent on either of the other 
 Branches, any more than they, or either of them, upon this House ; 
 and we therefore deny that the Legislative Council have any 
 right to censure our measures. They may suggest modifica- 
 tions, they may propose amendments, or they may reject them 
 altogether, but we enjoy and exercise a similar power over those 
 which they give rise to. ' 
 
 I iJ 
 
3S 
 
 I- 
 
 J 
 
 I repeat, Mr. Speaker^ that beinff equals we have no reaiion 
 to Bubiiiit to censure from either of the other Branches of the 
 Legislature. In the term censure^ a sort of punishment is con- 
 tained, and no person or body of persons has a right to be punish- 
 ed by another which is only iis (K|ual. In asserting these 
 sentiments, lam far from wishing to attack the just prerogatives 
 of the Crown, or ofits representatives in this Province; for from 
 a variety of reasons, among which may be numbered, the preju- 
 dices of Education, I most highly cherish them. The resolu- 
 tions proposed bv the Hon. Member for the County of Quebec^ 
 by no means could be considered as an attack on the Executive, 
 or on the Legislative Council as suchf but as a vindication from 
 the centtures contained in the Speech of the one, and the resolu- 
 tions of the other, which were made at a period when it was 
 impossible for this House to do itself justice. A mode of pro- 
 ceeding, it ought to be remembered, had been frequently adopted 
 by the Legislative Council : viz. towards the close of a Session 
 when it was totally out of the power of this House, to combat 
 them or to defend itself, to pass a string of resolutions, calculated 
 to astonish and agitate the public mmd as to the proceedings of 
 this Branch of the Ijegislaiurc. They did so in 1819, and in 
 lamenting the Memory — as I most sincerely do, of the late Dukb 
 or Richmond, I also lament that he unfortunately sanctioned the 
 views of the Legislative Council at that time. This House cannot 
 at the pre«ient moment, do otherwise than declare, as proposed 
 in the resolution now before it, that His Grace's Speech and 
 the Entry in the Journals of the Legislative Council, do severally 
 contain a censure of the proceedings of this Branch of the Legis- 
 lature, and in following that vote up by adopting unanimously 
 the succeeding resolutions, it only vindicates its rights as the 
 representatives of the people and the honor of its Members, both 
 of^ which have been so frequently infringed, and particularly by 
 the Legislative Council. 
 
 Mr. Neihortj Mr. Oldham and Mr. Vallieres de St. Real^ 
 severally said a few words in explanation when the question was 
 taken and the House divided. — 
 
 Ayes — Thirty-four, — Messrs. ?^ev.«8on, Belanger, Huot, 
 Heney, Bourdages, R. Jones, J. Jones, Tach6, Quirouet, 
 Foumier, £. Lagueux, Viger, Ls. L&gueux, Robitaille, Proulx, 
 Fanet, Par6, Davidson, Stuait, Yalois, St. Onge, McCallum, 
 Ficotte, Garden, Mousseau, Gauvreau, Vallieres, Blanchet, 
 Pessaules, Cuvillier, Lansevin, Provost, Amiot. 
 V Nat« — !Z\»o.— Meisr. Tascheretu, Oldham. 
 'i Mr. Neilson then moved to resolve, *' That all Censures of 
 any proceedings of this Branch of the Legislature, by either of 
 the other Branches thereof, is an assumption and exercise of 
 
33 
 
 was 
 
 powf •' contrary to Law. a breach of the undoubted fights and 
 privilege? of* this Mouse, and subver.'<ive of the co stitution of 
 Government, as by Ijhw ostabhshcd in this Province." 
 
 The ii.otion being seconded, was put from tlie Chair and 
 passed mmine disuntitnte. 
 
 Mr. JViihitn —\ shall now propose to the House, to resolve, 
 '' That it is the undoubted ri</ht ot thiii House, in voting Aids 
 or Supplies, oroU'eriny; Money Bills for the consent of the other 
 Branches of the Legislature (as well as in all its other proceed- 
 ings, under the afore-recited Act of Parliament of Great-Britain) 
 to adopt sucli order or mode of proceeding as it m:»y find con- 
 formable to its Rules ; and to propound such matter, as in its 
 judgment shall seem fittest and most convenient to thepeace^ 
 welmre, and good Government of this Province." 
 
 The motion being seconded, was put from the Chair, and 
 passed as the last 
 
 Mr. Neifiton was about propcsing an ailditional resolution, 
 but after some explanation from several Members, he withdrew 
 it, pledging himself to bring it forward on an early day. 
 
 The House shortly after adjourned. 
 
 n 
 
 H 
 
 E 
 
34 
 
 APPENDIX. 
 
 SIR J. H. CR.r G'S SPEECH, 15th May, 1809. 
 
 " Genllemrn of the Lepslatixe Council, and 
 *' Genlkmtn of the House of Assembly^ 
 
 " The advanced state of the season, your private convenience, 
 and the luippy change timt has taken place between His Majes- 
 ty's Government and thai of the United *^tates, from which we 
 Biay reasonably look for a permanence of the public tranquillity, 
 together with othe" circumstances, have in(\jced me to put an 
 end to this Session : and upon a full consi.ieration of the pyents 
 by vhich it has been marked, I teel it to be a duty which I owe 
 to His Majesty and to the Province, to recur as speedily as 
 circumstances will permit, to the sense of His Subjects, by calling 
 a new Parliament. 
 
 " Gentlemen of the House of Assembly', 
 
 " When I met you at the commencement of the present Ses- 
 sion, I had no reason to doubt your niOv'°ration or your pru- 
 dence, and I willingly relied upon both. Under the guidance 
 of these principles, i expected from you a manly sacrifice of pU 
 pergonal animosities, and individual dissat.stactijn -a watchful 
 solicitude for the concerns of your country, and a steady perse- 
 ve>'ance in thn executing of your piiblic duty, with zeal and dis- 
 
 f)atch. i hoked for par.iest endeavour!* to promote the general 
 larmony, o'l'ihe I'ro^ince, and a careful abritinence f n whatever 
 rri^dit have a tendency to disturb it: for due, and theretbre in- 
 dispensab!' attention to the other Branches of the LegisUture, 
 and for prompt and cheerful co-operation, and assistance, in what- 
 ever might conduce to the happiness and v;elfare of the Ci-lony. 
 All this I had a rmht to exuecl, because such wus vour constitu- 
 tioual duty : becaus.^ {-nth a conduct would have been a lasting 
 tesiiuiony, as it was the only one so'ight for by His Mpje^i y's 
 G neinment, of that loyalty and ail'ection, wiiic'i you have so 
 \.armly prol'cssed, imd which I believe you to j.ossess ; and be- 
 cause it was particularly called for by the critical conjuncture 
 ot the times, and especially by thf» ^>recarious situation in which 
 we then flood, with respici to the American States. I am sorry 
 to add, ihat I have been di.iiippointed in all ihese expectations, 
 and in every hope upon which I relied. 
 
 
35 
 
 ** You have wp.sted in fruitless debates, excited by private and 
 personalanirnosities, or frivolous contchts, u})on trivial inaiieis of 
 ibiiTi, that time and those talents to which, u itliin your walls, the 
 public have an exclusive title; this abuse ot your functions, you 
 have preferred to the high Hud important duties which you owe 
 to your Sovereign, and to your constituents, and you have, thereby, 
 been forced to neglect the consideration of matters of moment and 
 necessity, which were before you, while you have at the same time, 
 virtually prevented the introduction of such others, as may have 
 been in contemplation. If any further proof of this it>is-use of 
 your lime were necessary, 1 have just {)resented it, in having 
 been called on, after a Session of five weeiis, to exercise His Ma- 
 jesty's prerogative of assent, to only ihe same number of Bills, 
 three of which, were the mere renewal ot annual Acts, to which 
 you stood pledged, and which required no discussion. 
 
 " So much of intemperate heat has been manifested in •:A\ your 
 proceedings, and you have shewn such a prolonged aiui disre* 
 spectful inattention to matters submitted to your consideration 
 by the other branches of the Legislatuie, that whutever might be 
 the n.oderatii)n and forbearance exercised on iheir paits, a gene- 
 ral good understanding is scarcely to be lookeil ibr, withuut i> 
 new Assembly. 
 
 "I shall not particularly advert to other acts, which appear to 
 be unconstitutional infringements ol the rights of the subject, 
 repugnant to the very letter of that Statute of the Imperial Par- 
 liament, under which you hold your Seats, and to have been 
 •:iatured by p-jceedings, which amount to a c' reliction of the 
 firot principles of natural Justice; and 1 shaU abstain, from any 
 further enumeration of the causes by which I have been induced 
 to adopt the determination, which I luive taken, because the 
 })art of your conduct, to which I have already referred, is obviously 
 and in a high degree, detrimental to the best interests of the 
 Country ; such, as my duty to the Crown tbibids me to coun- 
 tenance, and as co!.ipel'= me to have ivcourse to a dissclution, as 
 the only constitutional nutans by which its recurrence may be 
 prevented. 
 
 " Gentlemen of the Le<^islalive Council^ and 
 *' Gentlemen of the JJuuse e>J issemhl/y, 
 
 " I shall give the necessary orders for calling a new Provincial 
 Parliament, as soon as convenience will permit; and having no 
 other object, and confident that no other will be attributed to 
 me, but to preserve the true principles of the free and happy 
 Constitution if the Province, and to employ the power entrusted 
 to 11,2 by His Majesty, to the only end for which 1 have received 
 it, the good of his subjects, I have an entire confidence in th(j 
 
 E 2 
 
 m 
 
36 
 
 electors, to whom t shall recur ; trusting that hy the choice of 
 projMT represtnta lives, further mischiefs may be obviated, and 
 the impoiiant interests of the Colony, considered in the next 
 Session, with less interruption, and happier effect. 
 
 *' I will not conceal from you, that it has been very much wiili 
 a view to obviate misrepresentation, if possible, and to enable 
 the people to judge of the grounds which havebeen afforded me, 
 for the conduct 1 have adopted, that I have entered into any 
 detail upon this subject; the task has been painful in the ex- 
 treme, and I turn from .i with jjeculiar satisfaction, to offer to 
 you Gentlemen of the Legislative Council, the acknowledge- 
 ments that are due to you, tor that unanimity, zeal and unremit- 
 ting attention, which you have shewn in your proceedings. It 
 rests not with you that so little has been accomplished for the 
 t) iblic good. To a considerable portion of the House of Assem- 
 bly, my thanks are equally due I trust thry will believe, th;n I 
 do them the justice of a proper discrimination, in the sense I en- 
 tertain of their efforts, to avert that conduct, cf which I have 
 So m; ch reason to complain. By this, Geiitleii'en, you have 
 truly manifested your affection to His Majesty's Government, 
 and your just estimation of the real and permanent inlere-ts of 
 the Province." 
 
 Mr. Bedard*s resolution parsed hy the House of Assemhli/y 
 (on a division,) on 3d lebruarj/y 1810. 
 
 *' That eveiy attempt of the Executive Government, and of 
 the other Branches of the Lcgislatiu'e again.it thi> House, whe- 
 thet in dictating or censuring its proceedings, or in approving 
 the conduct of one part of its Members, and disapproving the 
 conduct of the others, is a violation of the Statute by which this 
 House IS constituted — a bieach of the privileges of this House, 
 against which it cannot forbear objecting, ojid a dangerous at- 
 tack upon the rights and liberties of His Majesty's subjects in 
 '\ovince.'* 
 
 thisP-' -■ " 
 
 Yej> 
 
 IVIeesrs. Dehartzch^J. L. Popineau^ f ee, Beauehamp, Ileherty 
 JIiAot^ { aron, l.anglots^ V. I^oU !>t. J alien, Vis;<^i\ I . Jioi^ 
 B. Puna, Duroehtr^ iilnnrhrt, Tascheirau, BlaekicoaJ^ Bedtird, 
 JJrapeat'f Borgui, Meunier, Jiobitujlle and Btrnitr. 
 
 Njiys. 
 
 Messrs. 7? Cuthlurt, Duehtsnay^ M^Cord. Bell, Mifre, 
 Dtnechau, Jones^ ^J'Vfly, Jones oj htdjbrd, Boicen ami Oug^i/. 
 
 
 m 
 
 tui 
 hu^ 
 feci 
 
 ty' 
 
 the 
 
 Pit 
 
 the 
 
S7 
 
 HOUSE OF ASSEMBLY, 
 
 Tuesday^ \Zth Fehy. 1810. 
 
 10 THE KING'S MOST EXCELLENT MAJESTY, 
 
 The most humble Address of the Assembly of Loffier Canada^ 
 in Provincial Parhament convened. 
 
 " WE, Year Majesty's most dutiful and loyal subjects, the 
 re;.rts( ntatives ofthe Cuminons of Lower-Cnnuda^ in Assembly 
 m''i, humbly beg leave to approach your Majesty's Throne, with 
 hearts full of loyalty and jfratitude. 
 
 " We humbly beseech Your Majcstv to be assured of the sen- 
 timents of atiettion entertained by Vour Majesty's snbjects.of 
 Lowrr-OiNaila^ and also to be persuaded, thatthe peo})le of this 
 Colony, ever attached to their Sovereign, will never be surpassed^ 
 by others in Your Maj< sty'< Empire, in the sentiments of regard 
 . nd affection which they leel for your sacred person. 
 
 " We humbly btg leave to express loyour Majesty, the lively 
 gratitude which we teel, on a recollection of all your Majesty's 
 favours, and on '" view of the slate of prosperity, to which this 
 Province has attained, under your Majesty's paternal Govern- 
 ment, and the happy Constitution which has been granted us by 
 the libeiality of your MajePty, and of the British Parliament. 
 
 " This state of prosperity is become huch, as to enable us to en- 
 gage to pay in the course of the present Session of the Legisla- 
 ture, ihe Civil Expenditure of tMt Provincial Government, which 
 has hitherto b< en chiefly defrayed by your Majesty, and this ef- 
 fect of cir prcsperiiy is the more gratityirv to us, as your Majes- 
 ty's poonlo of Gnat Brifnin have been i5v> long burdened with 
 the Hpciisesof a war, underiaken tor the protection of every 
 part r* v.ir Majr^iy's vast Empire. 
 
 ' f ie these cMcnmstances, Your Majesty's subjects in this 
 Provinc ■ ie i theuHclves ha[)py in being now able to acquit 
 theiuseives of an obligation imposed on them by duty and 
 gratiiudc " 
 
 [Addresses of similar import, to the HoirsE of Lords and 
 the House of Com-Hoxs, were voted on the same day] 
 
 TT 
 
 pon motion of 
 
 iVcdnesdai/, Utii Feb. 1810. 
 Mr. Bcdtird, it was (upon a division) 
 
 i\ 
 
 !ved 
 
 Thai an humble Address be presented to His Excellency 
 the Governor in Chiel^ informing His Excellency, tliat this 
 
38 
 
 Ifousp has rpt^olvGd to vote in the present Session, the sums 
 Mec<ibs:iiy i'ui {wyiiiin all the Civil Expences of t'le Government of 
 this Province, and to brsecci' tliai HIh Kxtellency will be pleas- 
 ed to ordtr ilie [)ri»p»^r otlicer to lay betbre this House an estimate 
 of the said Civil Expences. 
 
 Friclaj/, IGth Feb. 1810. 
 
 Mr. Bedard reported, that accompanied by the other mes- 
 seng'i-s, they had in obedience to the orders of the House, pre- 
 sented their Address of JVtdntsdai/ last, to His Excellency the 
 Governor in Chiel^ prayinjr he will be pleased to order the 
 proper oHicTto lay before this House, an Estimate of the Civil 
 Expontis of the Government of this Province; and that His 
 Excellency luid been pleased to answer, that he will give direc- 
 tions that the desir* of the House might be complied with." 
 
 Fridaj/, 95d Feb. 1810, 
 
 Mr. Speaker and the House went up to the Castle of St. 
 ierc/.v, with the Addn'sscs voted on the l^Jth inst (vide page 37 } 
 and being returned, Mr. Spi:AKnR reported that the House had 
 attended upon His Excellency with the said Addresses, and that 
 His Exci Ik'ucy was pleased to make the following answer : 
 
 " Gentftmen^ 
 *' The Addresses which you have presented to me, are all under 
 8uch |)ecuhar circumstancos of novelty, that they have demanded 
 and received, a considerable degree of consideration from me. 
 
 " The constitutional usage of Parliament, fully recognized by 
 the wisdom of the Hovis-e of (^ommons (,f the United Kingdom, 
 forbids all ntep^, whatever, on the part of the people, towards 
 grants of money, upon public or private grounvls, which are not 
 recommended from \.\w ('rown. And although, by the same Par- 
 liamentary usage, all grants and aids do originate in the Lower 
 House, yet it isrcarcely necessary forme to observe that they are 
 whollv ineffectual, without the concurrence of the IJpjjer House. 
 1 must observe also that of Addresse"^ to the Hoiise of Lords, or 
 to the House ofCommons separately, by a single branch ofa Co- 
 lonial Legislature (as tiir as my information goes) no former 
 example exists. And I must request you to notice that the Ad- 
 dress which I have now received from you, intended for the 
 House ol Commons of the United Kingdom, is made to a part 
 only of that House. 
 
39 
 
 " For these reasons, I cannot btit consider these Addresses to 
 be unprecedented ; to be impeift'ct in tbrrn : to be fhimdcd 
 upon a resolution, which until it lias received the concurrence of 
 the Legislative Council, anisi be wholly ineflectual, (exce()tas a 
 spontaneous offer on the part of the Commons of Canada) that 
 they are consequently premature ; and I regret that I cannot 
 therefore, under the impression which I feel of my official duty, 
 take upon myself to transmit them to His Majesty's Minister. I 
 may add that His Majesty's Ministers are not the regular organs 
 of communication with the Houses of Parliiuuent, unles:; 'jy His 
 Majesty's command. I could not therefore pledjie myselffbr 
 the delivery of these Addresses were i to transmit them through 
 that channel. 
 
 *' Under some of these considerations,! should equally feel my- 
 self bound, upon ordinary occasions, to decline transmitting 
 any Address to His Majesty, that might be under circumstances 
 similar to the present. But upon this occasion, and after mature 
 deliberation, I thii.k it right that it should belaid before him. 
 I think it right that by an act of their own. His Majesty should 
 be informed of the good disposition, gratitude ai<l generous in- 
 tentions of his Subjects in this Province. I think It ^ijht. also, 
 that His Majesty, by their own act, should be tbi Mdlly apprl/,ed, 
 of the ability and of the voluntary p'edge and pro\iuse which 
 the people of this Province, by this Address to their "^ovpieign, 
 and by the resolution upon which it is founded, have given to 
 His Majesty, to{)ay the entire Civil Exj)enditure of the I'rovmce, 
 when required so to do. And consequently, without repno natice 
 demands from them, the performance of this solemn undc'^ ri%.ang 
 on (heir part, whenever he may, in his wisdom think it expedient 
 so to do. 
 
 " For thcLe reasons I shall transmit your Address to the King, 
 as you have requested. — I desire, however, that it may be tlis- 
 tinctly understood, that as I ought not, by any act of nine, to 
 compromise the rights of His Majesty, of the ImperialGove-n- 
 ment, or of the Legislative Council of this Province, so I do not 
 by this compliance with your request, concede to the Af emhly 
 of this Province, or admit that any step, on their pan, towards 
 grants ofmomy, which are not recommended by the Crown, can 
 be constitutional, or that any such step, can be effectual, without 
 the concurrence of the Legislative Coui.ciland the iinal appro- 
 bation of the King. 
 
 " The expression of affection and of gratitude, towards his 
 Majesty, and the two Houses of the Imperial Parliament, for the 
 
 y 
 
40 
 
 fa voiv> conferred on this Province, underwliicli it has attained its 
 present state of prosperity, which yt u so warmly Hn<i so expli- 
 citly proiess, in your Address, will not permit a moment's doubt 
 of the sincerity of your wishes, to carry into complete etiect, tiie 
 resolution which is the object of them. '*o commendable a purpose 
 entitles you to every acknowledgement ; and I cannot but la- 
 ment exceedingly, that any circumstances should have com ell^d 
 me to express myself, on the subject, in a way that may cai i y 
 with it, even an appearance, however little intended, of oj | os- 
 ing any check to the manifestiition of the sentiments under which 
 I persuade myself you have acted." 
 
 Mr. Bedard moved, seconded by Mr. Bouudages, 
 
 That a Committee of seven members be appointed to search 
 for, and enquire upon the Constitutional points and Parliamentary 
 usages, mentioned in the answer made by His Excellency the 
 Governor in Chief to the humble Address of this House to His 
 Excellency, presented this day by this house to His Excellency, 
 and to report with all convenient speed. 
 
 The House divided upon the question, and the names being 
 called for, they were taken down as follows :— 
 
 Yeas, 
 
 Messrs. Blonchef, Bourdages, Bedard. J, L. Papineau^ Tas* 
 cheriau^ Bvrsin-, Droi^inu^ Jortin, Saint JulUn^ RobiluillCf 
 Lee., Huot., Meuniery Durocher, B. Panetj LangloiSf Beau- 
 champy and Debarizch, 
 
 Nays, 
 
 Messrs. McCord, Blackwood, Mure, Denechau, Ross Cuth* 
 her I and Gugj/, 
 
 J^'o it was resolved in the affirmative and OnnERED, that 
 MessrH. Bedard, Bourdagcs, Tasehtn at. Borgia, HIanvhet., ]}e* 
 hartzchy and J » L,. PapineaUf do compose the said Committee. 
 
41 
 
 This Committed did not report, because on the S6th Febrw 
 ory. His Excellency the Governor in Chief closed then 
 
 Session with the following Speech : , , 
 
 Gentlemen of the Legislative Council^ and ' ! ' 
 
 Gentlemen qf the Home of Assembly ; ■ ... \ 
 
 I am come down here for the purpose of proroguing the pre* 
 sent Parliament, and upon a mature consideration of the cir- 
 cumstances that have taken place, I am to inform you of my de- 
 termination of again recurring to the sense of the people by an 
 immediate dissolution. }>. 
 
 Called again to the unpleasantexerciseof dneof the functions 
 of His Majesty's prerogativej with which I am entrusted, I feel 
 It to be again expedient that I should state to you, and that 
 through you, which is, indeed, the only channel of communica* 
 tion that I have with them, the people may be distinctly in- 
 Formed of the motives by which I am actuated. 
 
 Wliatever might be my personal wishes, or ho^vever strong 
 might be my desire that th^ public business should suffer no in- 
 terruption, I feel that, on this occasion, nothing is left to my 
 discretion — It has been rendered impossible for me to act other* 
 wise than in the way I am proposing. 
 
 The House of Assembly have taken upon themselves, without 
 the participation of the other branches of the Legislature, to pass 
 a vote that a Judge of His Majesty's Court of King's Bench can- 
 not sit nor vote in their House. However I might set aside the 
 personal feelings, which would not be unnatural in me, as to 
 the mode in which this transaction has been conducted towards 
 myself, there is another, and infinitely higher consideration 
 arises out of it, which I must not overlook. 
 
 It is impossible for me to consider what has been done,in any 
 other light than as a direct violation of an Act of the Imperial 
 Parliament, of that Parliament which conferred on you the con- 
 stitution to which you profess to owe your present prosperity, 
 nor can I do otherwise than consider the H6use of Assembly as 
 having unconstitutionally disfranchised a large portion of His 
 Majesty's subjects, and rendered ineligible, by an authority 
 which they do not possess, another not inconsiderable class of 
 (lie community. 
 
 Such an assumption I should, at any rate, feel myself boUnd 
 by every tie of duty to oppose ; but, in consequence of the ex- 
 pvilsion of the Member for the County of Quebec, a vacancy in 
 I he representation for that County has been declared, and jt 
 would be necessary that a new writ should issue for the ebction 
 ut' another Member : that writ would be to be signed by jne.— 
 
 V 
 
 '■'sp / 
 
IS 
 
 Oentlemen, I carmot, dare not render tnyseU'a partaker m a vl* 
 oUtioH of an Act of the imperial Parliament, and I know no 
 other way by which I can avoid becouMmj fib, bat tliat which I 
 am pursuing. 
 
 When wp met, I fch rmnch satisfactiot\ in the consciousness of 
 having taken such steps as i thought most likely to facilitate, in- 
 deed f thought would do away every possible objection to a mea- 
 sure that seemed to bo wished for, and that, in itself, met my entire 
 43oncurrence ; but my otyectfon, and the only objection that can, 
 I think, exist in the mind of any reasonable man^ to the eligibi- 
 lity of the Judges, arises tiom the possible effect that may be 
 produced by the necessity it puts them under of soliciting the 
 Votes of ihe Electors. No well grounded objection can be ofter- 
 cd to their sitting in the house when they are elected ; on the 
 contrary, their ta^ent^ and superior knowledge must render theui 
 highly useful, and were it not for other considerations, highly 
 de-iirable members. I cannot but exree(iingly lament, that a mea- 
 sure which I consi ler as beneficial to the country, should nof 
 have taken effect. The people, however, in the disappointment 
 of iheir expectations, will do me the justice to acquit me of'be- 
 ii^ the cause of it, as they must equally acquit me of bein> the 
 cause that so little of the pubhc business has been done. 
 
 The following Extract from the Speech of His Excellenct/ 
 81 R J H. CnAiG, of the ^d hebruary, 1810, is given as 
 • connected with the above observations : 
 
 ■-U1; • ^il Lii: } 
 
 During the two last Sessions, the question of the exclusion of 
 His Majesty's Judges of the Court of King's Bench from a seat 
 in the House of Representatives has been much agitated. This 
 question rests in the desire 6( precluding the possibility of the 
 existence of a bias in the minds of persons exercising the judi- 
 cial functions in those Courts, from their being under the ne- 
 cessity of soliciting the votes of individuals, on whose persons 
 or on whose property they may afterwards have to decide. 
 
 Whatever might have been my own opinion on this subject, 
 I, nevertheless, hold the right of choice m the people, and that 
 of being chosen by them, in too high estimation, to have taken 
 upon myself, had the question ever come before me, the respon- 
 sibility of giving His Majesty's Assent to the ptitiing limits to 
 either by the exclusion of any class of his subjects; and they 
 are rights, of \Vhich it is impossible to suppose they could be 
 deprived by any other authority than that of the cuncurrenco 
 of the three branches of the Legibhture, 
 
4a 
 
 the 
 
 That Am channel in which flows the QurroiU of justice Khould 
 
 be piiie and free t'roiii every the slightest contamination, is too 
 cssejitial to the happinegs of the people not to be interesting to 
 a GoverniTient which has solely that object in view, and it is 
 perha{>8, liitl«! leas necessary to that happiness, that there should 
 not exist in the minds of the public a doubt on the subject.— 
 In this latter view, I have thought the early disposal of the 
 qtiestion may be of utility ; and, therefore, in recommending 
 the subject to your consideration, I have to add, that having 
 received His Majesty's pleasure upon it, I should feel myself 
 warranted in giving His Uoyal Assent to any proper Bill for 
 rendering His Majesty's Judges of the Court of King's Bench, 
 in future, ineligible to a seat in the House of Assembly, ia 
 which the two Houses may concur. • ^ '• . .. ■ 
 
 J. 
 
 A fevyr days afterwards, jji dissolution of the House of Assem- 
 bly was announced by Proclamatioii ; and writs for calling a 
 new one were issued, bearing test on the i^th March^ to be re- 
 turnable on the 2 Ibt Aprd 
 
 The 12th December, 1810, was appointed for the meeting of 
 ihe new Parliament, and upon the succeeding day, (after sanc- 
 t ioning the choice of the Speaker) the Session was opj^i^ed by |ii&% 
 Kxct'Uency with the following Speech : 
 
 Gentlemen of the Ijegislative Council^ and , !, / ' 
 
 Gentlemen of the House of AssemLljj ; 
 
 As I have never doubted the loyalty and zeal of the several 
 Parliaments which I have had occasion to meet, since I asbumed 
 the administration of the Government of this Province, so I do 
 rely with equal assurance, that I shall not fail to experience 
 those same principles, in that which I am now addressing ; and 
 in the confadent expectation that you are animated by the best 
 intentions to promote the interests of His Majesty's Government, 
 and the welfare of his people, 1 shall look for the happy effects 
 of such a disposition, in the tenor of your deliberations, d.nd the 
 dispatch of the public business. 
 
 Of the state of public affairs in Europe, I have no official no* 
 tice, on which I can ground any information to be given to you. 
 In these parts, it appears, however, that no advances have been 
 made towards an accommodation of the differences that have so 
 long subsisted between His Majesty's Government and that of 
 the United-States ; such is^ indeed, so far from being the case, 
 that I am warranted in statirg, that new claims as relating to 
 their Neutral Rights, have been brought forward by the latter, 
 
44 
 
 I 
 
 of a nature tltat seem likely to place that wished for event, a^ a 
 venr uncertain period. 
 
 I desire to call your attention to the temporary Act, for the pre- 
 servation of His Majesty's Government, as by law happily estab- 
 lished in this Province ; and to that for establishing regulationa 
 respecting Aliens, and certain Subjects of His Majesty, wbohav« 
 resided in France. No change has taken place in the state of 
 public aifairs, that can warrant a departure from those precau- 
 tions and that vigilance, which have hitherto induced all bran- 
 ches of the Legislature to consider these acts as necessary. In 
 saying that they are important to the interests of His Majesty's! 
 Government, you will not, I am confident, for a moment sup- 
 pose that I mean to divide these from the interests of the public : 
 they are inseparable. The preservation of His Majesty's Go- 
 vernment, is the safety of the Province, and its security is the 
 only safeguard to the public tranquility. Under these conside-' 
 rations^ therefore, I cannot but recommend them, togetherwith 
 the Act making temporary provision for the regulation of trade, 
 b.etween this Province and the United-States, to your first, and 
 immediate consideration. 
 
 If any other matters should occur, to which! may conceive it ne- 
 cessar}' to call your attention,! shall comniupicate them by message, 
 
 •• Gentlemen of the House of Assembli/ f 
 
 I shall direct to be laid before you, a statement of the Provin- 
 cial Revenue of the Crown, and the expendituve for the It^st 
 twelve rtionths. . . ; 
 
 Gentlemen of the Lepslative Coumil', and 
 Gentlemen of the House of Asscmhli/ y 
 
 I entreat you to believe, that ! shall have »reat satisfaction in 
 cultivating that harmony and good understanding, which must be 
 80 conducive to the prosperity and happiness ofthe Colony-; and 
 that ! shall most readily and cheerfully concur in every measure 
 which you may propose, tending to promote those important ob- 
 jects. 
 
 • The rule of my conduct, is, to discharge my duty to niy Sove- 
 reign, by a c nstant attention to the interests of His Govern- 
 ment, and to the welfare of his Subjects, which he has committed 
 to my charge ; and these objects, I teel to be best promoted, by a 
 ttrict adlterence to the L^we, and to the principles of the Consti- 
 tution, and by maintaining in their just balance, the rights and 
 privileges of every Branch of the Legislature, 
 
 Npthing of C0n$€(;iuence, coQAected with O^e subject of FaiU^ 
 
 of 
 wit 
 
 teci 
 til 
 
 thef 
 
 bei 
 
 taai 
 
 taij 
 
 Pr 
 
 iloJ 
 
45 
 
 Rinentary Privilege, occurred during the ye^rs 1811, 181S cr 
 1813; but in 1$14, the Session was opened with si, Speech from 
 His Excellency Sir George Prbvost, on the l3i\iJanuari/i de-i 
 tailing tlie principal events of the war in Europe and in North 
 America. — It acknowledged in the most expressive terms, " the 
 *Dvalty, zeal and unanimity of His Majesty's Canadian Subjects.'* 
 Alluding to no topic connected with this Appendix, it is deemed- 
 unnecessary to insert it ; but as the Session (notwithstanding the 
 war with the neighbouring States, which was then at its heightX 
 exhibited in its proceedings, a great variety of matters bearing up- 
 on the general subjects or principles discussed in the preceding 
 pages, ii has been deemed advisable to prepare a syllnhus of 
 »uch as have that tendency. The following, it is believed, will 
 be found suflicicntly extensive ; and, i^, is hoped, impartially 
 meets the object cpntemplated s _ 
 
 HOUSE OF ASSEMBLY* 
 
 IVIoNDAY, Januari/ 17, 
 
 The House went up to the Castle St. Lewis, with the Address 
 in answer to His Excellency's Speech oh opening the Session, 
 which it echoed. 
 
 ' A Bill, disqualifying the Judges of the Courts of King'a 
 Bench from being summoned orvotiiifi in the LegiblaUve C^^ui^ 
 cil, wa* introduced and read a first lime. 
 
 ' -• ' Fridai/ 21 
 
 The above Bill was read a second time and referred to a Spe-^ 
 cial Committee. 
 
 ^ - Mondaj/ 24. 
 
 The Committee reporting the Bill without any amendments, it 
 was ordered to be engrossed, and on the next day, being reac[ 
 for the third tiine, passed and was ordered to the Legislative 
 Council.* 
 
 Friday, February 18. 
 
 The Committee appointed on Tuesday^ to search the Journals 
 of the Legislative Council, as to what proceedings are therein 
 with relation to the bills sent by the House to the Honorable Le- 
 
 * The followiag is an extract from the Juurnais of the Legiilalive Council, upon 
 receiving the above Bill : 
 
 '* On readini( the liile of n bill from (he Houie of Assembly, *' For disqualifying 
 the Chief Justices and justiccttof the Couriof King's Bench, in this Province, (rom 
 being summoned to (he Legislative Council, or silting or voting therein," it was 
 moved by Mr. i7j/Iand, and unanimously resolved, — i'lrst, " That the matters con>. 
 tained in this Bill, are unparliamentary and unprecedented, and intrench on the 
 Prerogatives of the Crown and the Privileges of »bis House" — Second, " T^at thl« 
 House vriil proceed ao further ia the coosideratioa of \^\» Bill." 
 
 / 
 
46 
 
 1 
 
 gwlAlivB Council, intituled, ** An Act for diaqualitying the Chief 
 JiMticfH aiid the Ju»ticeA of the Cbnrt of Kin^^'s Bench in thi^ 
 Province, froni being summoned to the Legislative Council, or 
 sitting or votinj; iheiein," and *' An Act ft)r the more effectual 
 t"*ta})lishiug of Schools for the teaching of the first rudiments of 
 education in the country parts of this Province," reported, that 
 the Committee had searched the said Journals, and had taken co- 
 pies of what |)roceedings are therein with relation to the said 
 billy. The report being read, it was delivered in at the Table, 
 where it was again rrad ; whereupon it was unanimously, 
 Krboltf.d, 'I'hat the reasons assigneil by the I iegislativo Coun- 
 cil, for not proceeding on the Bill, intituled, " An Act for 
 * '! disqualifyinjjj the Chief Justices and Justicesofthf Court of 
 \n* King's Uencji in this Province, from being summoned to the 
 ' i Legislative Council or sitting or voting therein;" are un- 
 founded and are an infringement of the constitutional rights 
 and privileges of this House. 
 Kejiolvkb, That the said Bill might, according to the Constitu- 
 tion of this Province, originate and be passed in this House, 
 and tlMit'the proceedings thereupon in this House have been 
 parliamentary 
 Resolved, That the Lotvislative Council, by their refusal to 
 ^ }>roceed on the said Bill, have excluded from their conside- 
 ration, a measure highly nieriting the attention of the Legis- 
 lature of this Provinte. and have thereby afforded addition- 
 al evidence of its expediency. 
 
 .»;' ^<»i> !y. fVednesdaj/, March 2. 
 
 A Committee was appointed to exauiine the Journals of tho 
 CiMinciJ, r<»lativ(' to its pioccodings upon the Addresses of this 
 House to Ilis Uo^al Hi^lmcss the Pt iuce Regent tx\\d tp His £x- 
 
 celleucy.:;/; / ;.....,.-, .a .. • * 
 
 • ^- . ,^, '.^^ M- «-.. ••• :^ V . • ThursduT/ 3. 
 
 Mr. SprAKBP reported, that ilie House had attended upon his 
 Exeeltency the (>ovenior in Chief with their Address, to which 
 His Excellency was pleased to inaUe the fudiowing aniswer : 
 
 *' I shall take an early o|^ortunity of transmitting lo His Ma- 
 jesty^'s Ministers, your Addiess to His Ruyal Highnees the Prince 
 Jlrgent, together with the Articles of Accn^atibn which have 
 fjeen 'prefenwl by you against the Chief Justice of the Province, 
 and the Chief J uBtice of the District of Montreal. But I do not 
 think it expedient to suspend the Chief Justice of the 
 Province and the Chief Justice of the District of Montreal, from 
 their Oflices, u|)on an Address to that effect from one Branch oi 
 the Legislature alone, founded on Articles of Accusation or 
 
y3. 
 
 ion his 
 which 
 
 47 
 
 which the Lcgifilativo Council have not been con.fiultodi, and m 
 wltich they have not concurred."* 
 
 Upon which, after various llcsolutions, asserting the Hiatus 
 of tlie Hou^ of Assembly, it was 
 
 RESOLVPn, That His Excellency the rJovernor in Cliief, by his 
 said Answer to the Addrossea of tl»is House, hath violated 
 the constitutional rights and privileges of this House. . , 
 
 ,..«", ' . ., t . • ' ^;. . . Mondat/ 7, 
 
 Uesolved, That notwithstandinjCj the perverse and wicked ad- 
 vice given to His Excellency the Governor in Chieti on the 
 subject of the constitutional rights and privileges of this 
 •:, 'House, and the endeavours of evil disposed advisers, to lead 
 • / him into error, and to embroil him with His Majesty's 
 faithful Commons of this Province, this House has not, in 
 any respect, altered the opinion it has ever entertained of 
 . ' the wisdom of His Excellency's Admini>>tration of the Go- 
 vernment, and is determined to adopt the measures it hn» 
 deemed necessary for the support of the Government, and 
 "I. the defence of the Province. 
 
 Thursdftf/ 17. • 
 Uesoi^ved, That the claim of the Legislative Counci' to alter or 
 amend money bills, is contrary to i>arliamentary usage in 
 this Province and in England. 
 Resolved, That the exefcise of the said claim, during the late 
 and present Sessions, tends to render the Constitution of 
 this Province ineffectual for the purposes for which that 
 Constitution was granted ; and to deprive His Majesty's 
 'Canadian J^ubjects of the benefits thereof. 
 Ubsolved, That the claims of the Legislative Council, touch- 
 itig the heads of Impeachments against Jonathan Sewell and 
 James Monk, Esquires, are not founded on the Constituti- 
 onal Law, or any analogy thereto ; tend to prevent notori- 
 ous offenders, belonging to that body, from being brought 
 to justice, and to maintain, perpetuate and encourage au 
 arbitrary, illegal, tyratmical and oppressive power over the 
 people of this Province, t 
 Resolved, That while the peaple of this Province, continue to 
 make every exertion torepulse the enemy, they ought also 
 to bestow their attention, through their Representatives, 
 upon any plots which may be framed, by criminal apd intc 
 rested individuals, for depriving them of their right? and lif 
 berties, and for overthrowing the Constitution and Govern- 
 ♦ The above answer evinciDg the tenor of the Address, it is no{ thonght necessary 
 to ^Okcri It W. Si S. 
 
 t Vide Mr. Tatchereau^s Speech, paje 8, relatinjio Mr. Justice Fowher, also at- 
 ^SNDix, 2ls( March, lbl7. 
 
 /' 
 
m 
 
 menit, as they Ave by Law happily established ia this Pro^ 
 
 vince. 
 
 A Message was received from His E!xceiUncy th« Governor 
 in Chief^ requesting the inimediate attendance of the House up-^ 
 on him, in the Upper House of the Leffislatiire, {^;cl it went up 
 accordingly, when, after giving in His Maje^ity's name, (he|loy- 
 al i^ssent to several pubUc Bills, His Excellency prorogued the 
 Parliament in a $peecli,from which the following are extracts : 
 
 Gentlemen of the Lepslative Council, and ' 
 
 Gentlemen of the House of Assembly ; ','.'' 
 
 The different subjects s\ibmitted to your consideration hav- 
 ing been disposed of, 1 am happy to be enabled to close the Ses- 
 sion, and to pernlit your return lo your families and homes. 
 
 It would have atibrded me sincere gratification, to have wit- 
 nessed that unanimity and dispatch amongst yourselves, and 
 ihat liberal confidience in me, which the emergencies of the 
 times, the situation of the Province^ and the assurances contain- 
 ed in your Addresses, gave me a right to expect firom you, and I 
 !>ave seen with regret, that my dis^ppoincmeiii in this expecta- 
 tion, has been attisnd^ with serious incdnvenieucea to thfe pub^ 
 lie service; ^, :, . ., , , v- ^ - - ? . . 
 
 G^tUlefneHof the House of Assembly y 
 
 I cannot but lament, that *Se coui'se of proceeding adopted 
 by you, has occasioned the loss of a productive Revenue Bill, 
 and of the liberal appropriations you had made for the defence of 
 the Province, and for ameliorating the situation of theMihtiai 
 and 1 regret that in sacrificing these di.'sirable objects, you should 
 iiave bn 'n swayed by auy considtra ions which seemed to you 
 of higher importance than the immediate security of the Qoun- 
 tiVy or the comfort of those engaged in its protection. 
 
 
 A'<w 
 
 S 
 
 m-M 
 
 Xlr.SfTERWOOD^s Resolution^ passed by the House of Assembly ^ 
 (on a division) ^\st Marcht 1817. 
 
 ** That the claims of the Legi&lative Council, touching the 
 accusations or complaints brought by this Hot^ae against JLoUis 
 Charles Foucher, Enquire, are not founded on theOomtitutional 
 l^aw, or any analogy thereto ; tend to prevent offenders out of 
 the reach of the ordinary tribunali of this country, from being 
 broDgbt to justice, an^ to maintain, perpetuate and encourage 
 
 To 
 
49. 
 
 an arbitrary, illeg&l, /tyrannical and oppressive power over t-he 
 p» opleoftliis Province."* ., , , , ., ,.^, .,..-, .>-;•> i _y;»ti4 
 
 ^•\-'i k' 
 
 ! . . // ^ ; I '7 r; 
 
 i 
 
 i:\'Ab 
 
 The new Parliament v^as convened on tbe 21st Januatj/y 
 1815, and on the 24th, His Excellency the Governgh in 
 Ciiigp, after approving of the choice of Mr. Papinbau, as 
 Speaker to the Jlouse of Assembly/ , opened the Session with a 
 gracious Speech from the Throne. In addressing the two Bran- 
 ches of ths Legislature, His Excellency adverted to general to- 
 pics, which itisnot requisite to insert, and concluded as follows : 
 
 *' Gentlemen of the House of Assembly j ->'■ 
 
 )i 
 
 iW, 
 
 \iS 
 
 : ;'**;! shall direct to be laid before you a statement of the Pro- 
 vincial Revenue of ihe Crown, and ofshe expenditure during ;th9 
 last year. '■.••■>-: ^hj, hiri ^r iv.:\\}ii ■..] iis.'u 
 
 LEGISLATIVE COUNCIL, 
 
 Saturday, 1st March, 1817. 
 *RE8otTED, That an Address be presented <o His Royal Highness the Prince He- 
 gent, humbly beseeching His Royal Highness not to inflict any |)unibhment upon 
 the Hon. Louis Charles Foucher,' Esquire, one of the Pnisne Justices of the Court 
 of Kiiig'ii Bench for the l)istrict of Montreal, in consequence of tbe Articles of 
 Complaint exhibited against him by the Assembly of this Province, until such ar> 
 tides of complaint shall have been !tubmitted to the consideration of this House, 
 and (his House shall have concurred therein, and such articles of complaint, after 
 such submission and concurrence, shall have been heard and determined in such 
 Tribunal as his Koyal Hi'lmcss shall be pleased to appoint for that };urpose, or un- 
 til such submission and concurrence shall have been beard an .. deiermined in due 
 course of Justice in this House, under such Commission an His Royul Highuess 
 sha 3ee fit to issue for that purpose, with such powers and limitations as to His, 
 Royal Highness shall seem meet. 
 Resolved, That an humble Address he presented to Lis Excellency the Governor ia 
 Chief, requesting him to lay the humble Address of this lipuse to His Koyal High- 
 ness the Prince Regent at the foot of tbe Throne, in such way as he may judge 
 m(M proper. 
 To His Excellency Sir John Coane Sherbrooke, Knight Grand Cross of the Most 
 Honorable and Military Order of the Bath, CaptaiboGeneral and Governor ia. 
 Chief, &c. &c. &c. it 
 
 3fa,y it please Your Excellenci/, 
 
 We, His Majesty's most dutiful and loyal Subjects, the Legislative Council of the 
 Province of Lower Canada, in Provincial Parliament assembled, taking into consiv-. 
 deration the proceedings on ihe part of the Asi-embiy of this Province, against Louis 
 Charles Foucher, E^q. one of the Judeesof theCour«of King's Bench for the Dis- 
 trict of Montreal, have found ourselves uKd?"" •he necessiiy of coming to a resolution 
 to address His Koyal Highness the Prince Regent, respecling such j; oceedings,and. 
 we now beg leave to present to your Excellency our humble and dutiful Address to . 
 His Royal Highness the i^rin -e Regent, which wo have passed unanimously; and 
 we respectfully request that Yrur Excellency will be pleased, in such way and man- 
 ner as you may judge proper, . ' transmit to His Majesty's Ministers, the said Ad-, 
 dress to His Royal Highness the Prince Regent, in order that the same may be laid , 
 at the font of (he Throne. 
 Monday, 3il March, 1817. " ' a' '3 ^ .- .., ■ . > ^ , / > t , 
 
 To Hi: Royal Highness the Prince Regent of the United Kingdom of Great-Britain 
 
 and Ireland. . . • i » i ,*.,w! ijt*> "^ •iimj/'' 
 
 May it Please Your Royal Highness, . , ';■,„,.. ^ ' - .; 
 
 We, His Mujcbty's most dutiful and loyal subjects, the Legislative Council of the, 
 
 Province of Lower Canada, in Provincial Parliament assembled, do mos: humbly . 
 
 repre«enl fo your Royal HiKhuess, that certain Articles of cooiplaiutttud accusaiiotr 
 
 G 
 
 M 
 
i; 
 
 50 
 
 *' The demands of the public servicie continuing various and 
 large, I look to your libeiality for continued exertions to meei 
 them, f jr a renewal of a productive Revenue Bill, not establish- 
 ed in the last Session, and of such of the Provisions of the Army 
 Bill Act, as it shall be disemed expedient to adopt for the future. 
 
 ^' I recommend also to your attention, tbe improvement pf the 
 communications in the Province, t to -/ii'ri.j.'jrp' <-');; , ci <'> 
 
 1 'i ^'w.^m'''. 
 
 .i,f^ Gentlemen of the JUgisiative Council, an4 ,' , ,...-^. iftirDi; 
 ., • " Gentlemen of the Bouse of Assemblj/; »;';.;» 
 
 J* To you the community look for example ; I, therefoi'ei trust 
 that in all your proceedings you will manifest that liberal confi- 
 dence in His Majesty's Government, and unanimity among your- 
 selves, which is BO essential to the Public service, and without 
 which, your exertions and my own alike, must necessaiily dimlf 
 nish in influence and effect." 
 
 for high crime* and ■uadetncaBoiirB, have bean voted by the Assembly afthia Pro- 
 vince, araiiist LouU Ckarhs Poucktr^ Esquire, ooe of ibe Judges of His Majesty's 
 Coart ot King's Bench for the District of Montreal, and an Address uf (he Assembly 
 has also been voted to be laid before Your Koyal Ilifftiness with the said articles, 
 and preying that the Said Louis Charles Feucher, £squire, be reiaoved from his 
 OfQre. 
 
 In these proceedin^^ we have had no participation in any shape, the resolMlionsof 
 (he Assembly not having been submitted to us fur uur coucurreoee, nor has the ac- 
 cused been at all heard in his defence, or had any oomnuinicatioa of the charges 
 against iMoi, other ilian what the public papers or private infurmaiiun may have 
 conveyed; we, therefore, do not presume Co give any opinion upon (he guilt or inoo- 
 ceace of the accused. 
 
 Under all the circumstances of (he case, however, we consider it our bnunden du- 
 ty hirmbly to submit to theconsideraiiun of Your Royal Highness, the serious conse' 
 qnences which are lilLelv to result if the claim of the Assembly be stistained — Tliat 
 Claim eitends to the ri^ht of passing articles of accusation without limiiaiion and 
 without controul in this Province, either when voted after the hearing of (x-jiar<e 
 testimony, without notification (o the accused of complaiai agaiust him, or in the ab- 
 sence of all testimony, as hath been already practised. 
 
 If such a light in the A>isembly shall be e.'itabiished,and (hat Articles wf complaint 
 and accusation bv that House neither require any concurrence in tht? Legislative 
 Council, previously to being suhmitied (u Your Royal Highness, nor ran be adjudg- 
 ed upon by this House, orany other Tribunal constituted or to be ennstitutfd in this 
 Province, then er;rry Public Officer being liable «» be compelled, at his »WM ex- 
 pence, to go to England before being heard, at an immense diniunce from (ho place 
 of residence of his exculpatory witnesses, must henchforth feel himself wholly at the 
 mercy of the AssembI '- and thereby become dinqualiied from an uidcpendenl and 
 faithful discharge of a\ duty. 
 
 We, therefore, hu>... y beseech Yonr Royal Highness not to inflict punishment 
 upon the said L0uis CLirles FoucAer, Esquire, one of the Judges of His Majesty's 
 Court of King's Bench for ibe District of Afontrnif, in consequence of the Articles of 
 complaint exhibited against him by the Assembly of this Province, MUlil such Arti- 
 cles of complaint shall have been submitted to ihe consideration of (his House, and 
 this House shall have concurred (herein, and such Ardclesoi complaint after such 
 submission and concurrence, shall have been beard and determined in such Tribunal 
 as your Royal Highness shall be uleased to appoint for that purpose ; or until such 
 Articles of complaint,without sucti submission and concurrence, shall have been heard 
 and determined in due course of Justice in this House, under such commission as your 
 Royal Highness shall see fi( to issue for that purpose, with sucji uowcrs ^iid liittittt- 
 tioDs as to your Royal Highness shall seem meet. ' " ' ' ' ■* •••'i.i-, - 
 
 LegUkHva CtmnI, 9d March, lbl7. 
 
 ut 
 
 ^'J:Jfi 
 
To this Speech, the House on the SOdi Januari/, presented 
 an answer echoina; the observations of ITis Kxcellency^ and con- 
 cluding thus : 
 
 ** Having no other desire but to discharge our duty, by fnain* 
 taming the civil and political rights of His Majesty's subjects in 
 this Province, as happily established by Law, and by providing 
 for the security and welfare of the Province, our views cannot 
 but coincide with those of His Majesty*s Gov6mnlent, and be- 
 get reciprocal confidence. On our part we shall only follow the 
 impulse of our feelings, in placing the most liberal and implicit 
 confidence in His Majesty's Government, 6nd it will always be 
 our wish to cultivate unanimity in our proceedings, being sensi- 
 ble with your Excellency that the Public service will be thus pro- 
 moted, and that without such conduct, the influence and effect 
 of our exertions as well as those of your Excellency, must be di- 
 minished." •' •' '. * ' 
 
 To which his Excellency was pleased to return the following 
 answer: ' "<) '* . < 
 
 . >(■. I l>! 
 
 • " Gentlemen of the House of Assemhbj J . .» ,j .,.-,> i 
 
 " I return you my sincere thanks for this loyal Address, ana 
 observe with heartfelt satisfaction yoj\r disposition, cordially to 
 adopt such measures as may best support Ills Majesty's Govern- 
 ment, and establish the prosperity of this Province. 
 
 " It is extremely gratifying to my feelings to find that the mea- 
 sures I have pursued have, after a fair and n ' iassed view of 
 them, obtained your good opinion. 
 
 " My earnest endeavours shall never be wanting to •strengthen 
 the sentiments of corrfidence which you hate expressed." 
 
 Ni'thing peculiarly important occurred duFtng this jSession, in 
 connection with the subject of " Parliiwicnlurj/ Privilege^''* if 
 tl»e following Resolution arising from the Report of an Llectlon 
 Committee be excepted : ; i ; .,; i;. 
 
 Resolved, Tliat it is a high infringement of ttie liberties 6tiM 
 V !,i Commons of Lower-Canada, for any Legislative Councillor 
 of this Province to interfere or concern himself in the Elec- 
 tion of any Membei's to serve for i\\^ Con^mons of this Pro- 
 k-.n' vin«e. ■ . . , :.:" .'. . ,, ,,, • , . ,,' :/ ': 
 
 ■(.' 1 
 
 Upon the 22d Marchy th« Parliament was prorogued, and His 
 Excellency took his leave of the Legislature iu tTi<' fpllowing 
 {Bpeech addressed to both Houses : : .. 
 
 ^ 
 
 I 
 
52 
 
 " Cfetitlemen of the Leshhtivc Council, and 
 " Gentlemen of the House of Assemhlj/ ; 
 
 " The measures adopted by you having provided for the im- 
 portant public interests, which required your immediate atten- 
 tion, in a mauner evincing both a just comprehension of the ex- 
 igencies of the Province, and an anxious desire to promote its 
 prosperity ; I no longer delay to release you from tliose useful 
 pubhc labours, which luive detained you from your private con- 
 cerns. 
 
 " I owe it equally to yourselves, and to a sense of justice, to 
 express the high satisfaction with which I have viewed your un- 
 wearied application to matters closely interwoven with the ge- 
 neral weltore. , 
 
 . •|.4r.#rY^4^ ^1. ^,. 
 
 'f,/J 
 
 ** Gentlemen of the House of Assembly/ ; 
 
 ** The liberality with which you have provided for the ad- 
 vancement of purposes of high utility, has sufficiently shewn 
 that you have proceeded upon those patriotic and loyal princi- 
 ples, which dignify when they actuate the Representatives of a 
 fiee People. , 
 
 -I 
 
 " Gentlemen of the Legislative Council, 
 " Gentlemen of the House of Assembli/ / 
 
 " You will have learned with satisfaction that the desire of his 
 Majesty, for the renewal of amity with America, has been met 
 by a corresponding disposition from the Government of the Unit- 
 ed-States, and that a Peace has ensued, which it may be per- 
 mitted us to hope, will, by its ultimate provisions and its per- 
 manence, compensate for the evils of war, to which it has given 
 a termination. 
 
 *' I have now to inform you that I have received the commands 
 of His Royal Highness the Prince Regent, to return to England 
 for the purpose of repelling accusations, affecting my MiHtary 
 Character, which have been preferred by the late Naval Com' 
 mander in Chief on the Lakes in Canada, and while I take my 
 leave of you with regret, I embrace with eagerness, the opportu- 
 nity afforded me of justifying my reputation. 
 
 " However intent on the subject which so unexpectedly thus 
 summons my attention, be assured I shall bearvs'thmea livelv 
 recollection of the firm support I have derived liom you, and \ 
 shall be gratified, at an early period, in represcii ting personally 
 to His Royal Highness the Prince Regent, the zeal and loyalty 
 evinced by every class of His Majesty's subjects in British North 
 
53 
 
 America during my Administration, their attachment to his 
 August Person and to his (government, and most particularly, 
 the spirit and devotion manifested by the People of the Canadas 
 ia the late contest with the United-States of America." 
 
 [1 .> 
 
 From this period up to the date of the Resolution proposed by 
 Mr. Sherwood^ (which is erroneously placed on page 48) nothing 
 occurred at all bearing upon the topics referred to in the forego- 
 ing debate. — Subsequent to Sir Geo. Prevost's retirement, the 
 reins of Government were assumed by Sir Gordon Drummond, 
 who upon the arrivalof Sir John Coape Siierbrooke, resign- 
 ed them to his direction. 
 
 if-) 
 
 3 5''foH 
 
 'itx '<itU' tn^'lli .r iA'!/t.':>^ 
 
 M' 
 
 HOUSE OF ASSEMBLY. 
 
 Extract from the Speech of //« Excellency Sir John Coape 
 SuERBROOKE, upou ojpemw^ the Sessiou, on tVednesdat/y 
 Itli January, 1818. ,,.^„^^,.i ., ,„.^,v * w:^j u-x^f.n^.K^n 
 
 ' ** Gentlemen of the Legislative Council^ and * ; . - v. p v l 
 
 ^''Gentlemenoftlieilouse of Assembli/^^ ? ■ .; ji?j'»->> k .- 
 
 Tff ^ ^ T^ Ti' T|c y^ 1(f 
 
 •f 
 
 ** J have received the conimaiids of His Royal Highness the 
 
 Prince Regent, to call upon the Provincial Legislature to vote 
 
 the sums necessary for the ordinary annual expenditure of the 
 
 Province, These commands will, I am persuaded, receive 
 
 from you that weighty consideration, ■which theU" importance 
 deserves. ,.,,.. .,.,.,, „.'«,) ... .,:,„,-, 
 
 " Gentlemen of the House ofAssembl^i, 
 
 'hfi ■ j: 
 
 ■H ^m 
 
 •:n 
 
 .,"In pursuance of these directions, which I have received 
 from His Majesty's Government, I shall order to oe laid be- 
 fore you, an Estimate of the sums which will be required to 
 defray the Expences of the Civil Cw^'ernment of the Province, 
 during the year 1818, and I desire you in His Majesty's name, 
 to provide, in a constitutional mannei, the supplies which will 
 be necessary for this purpose. I shall also order to be laid be- 
 tbre you the Accounts of the Public Revenue and Expendi- 
 
 * Tlie comm»'nceinciit of His Exccllencys Speech, (which Is omitted) referred (o 
 avariei-of local matters. fV, S. S, 
 
 M 
 
54 
 
 tune, for tlie last twelve months, by which you will be enabled 
 to ascei'tain tlie means of supply that ai:c at your disposal ; and 
 I anticipate with confidence^ a continuation of that loyalty and 
 zeal for His Majesty's service, on your part» which I liave 
 hitherto experienced, and a ready execution of th<; offer which 
 
 5 ou made on a former occasion, to defray the expences of His 
 fajesty's Provincial Grovernment, with a liberality that did 
 
 you honor." i. ^/ •>'■;■.•-< .' •.■ t,.,. '.•:;..,::>.,; .-"v.!..,. 
 
 .j^);. 
 
 ,t 0Ovi;f.jMlti''- .1 
 
 h'li, >/i". ; 
 
 ./'I'll 
 
 '.» 
 
 I 
 
 JlxTRACT from the Address of the House of Assembly, 
 voted 9th January^ 1818, in amw^r to the foregoing 
 Speech. . 
 
 n )j 
 
 ^' ** Your Excellency, in communicating to us the commands 
 you have received from His Royal Highness, the Prince Regent, 
 to call upon the Provincial Legislature to vote the sums neces- 
 sary to defray the ordinary annual expenditure of the Province, 
 rightly entertains the persuasion that the subject will receive 
 from us that matuji'^ consideration which its importance de- 
 
 serves. 
 
 *' Your Excellency may rest assured of the desire of the Com- 
 mons of Lower-Canada to apply their most serious attention to 
 the estimate which Your Excellency purposes to la^ before 
 them, of the sums that will be required to defray the Cfivil Ex- 
 penditure of the (jrovernment of the Province, during the year 
 one thousand eight hundred and eighteen, and may also rest 
 assured of their desire to provide in a cpnstitutional manner 
 the supplies necessary for this purpose. 
 
 "We shall, in like manner, apply our attention to the public 
 revenue and expenditure for the labt twelve months, in order 
 to enable ourselves to ascertain the means of supply which are 
 at our disposal. 
 
 »;^i. 
 
 ;(;i: 
 
 *' Your Excellency has done us justice in expressing your 
 confidence in our loyalty and zeal for His Majesty's service, and 
 in expressing your hopes ot our fulfilling, during the present 
 ^$es6ion, those offera which a sense of duty and gratitude here- 
 tofore impelled the Commons of thi 3 Province to make, of de- 
 fraying the Civil Expenditure of Hia Majesty's Provincial 
 Government" 
 
»$ 
 
 Message from His Excdlenci/ the Govehnoh in ChIeVi 
 3'j I to the House or Assembly, 26fA Feh. ISIS^* "^ <*> 'J'»i| 
 
 J. C. SHERBROOKE, GovEaNon i» Chief. v^ ^mi 
 
 ** "Ifhe Governor in Chief has directed to be laid before the 
 House, pf Assembly estimates of the ordinary permanent ex- 
 pences of the Civil Goveinment of Lower-Cauad').- and of the 
 revenue applicable to the discharge thereof, fot ,3 year one 
 thousand €ight hundred and eighteen, and from the$p it appears 
 that the further sum of forty thousand two hundred and sixty- 
 three pounds, eight shillings and nine pence, will be necessary 
 to meet the current expenditure of the year. 
 
 *' In forming these estimates, regatd has been had to the ex- 
 penditure of former years, from which little variation has been 
 made, and the Govei'nor in Chief relies on the zeal and loyalty 
 ofthe Assembly, to provide by the necessary appropriations for 
 the deficiency of the supplies. 
 
 ** Should there be any other objects of expences necessary to 
 be provided for, the Governor in Chief will thake a communica- 
 tion of them to the House of Assembly, by message, before their 
 proceedings on the estimates can be closed, and their being other 
 changes respecting which it is necessary for him to consult 
 the King's Government, he will lay them in the same manner 
 before the House of Assembly, when he sliall have received in- 
 structions on the subject. ;,;.:.. 
 
 Castle of St. Lewis, 
 Quciecj 2Gth Feb. 1818. 
 
 
 Jft.Q. S. 
 
 1 
 
 Mr. Taschereau's Resolution, passed hy the JlomeoJAs^ 
 setnblj/, (on a division*) on the 26th March, 1818. 
 
 *' That an humble Address be presented to his Excellency, 
 the Governor in Chief, representing to His Excellency, that th« 
 House having taken into consideration His Excellency's recom- 
 roenddtion on the subject ofthe Expences of the Civil Govern- 
 ment of this Province, for the year one thousand eight hundred 
 and eighteen, have voted a sum not exceeding forty thousand, two 
 hundred and sixty-three pounds, eight shillings and nine pence, 
 currency, towards defraying the expences of the Civil Govern- 
 ment of tliis Province, for the year one thousand eight hundred 
 and eighteen, exclusive of the sums already appropriated by 
 Law^ but that the peculiar circumstances which hav<" preveut- 
 
 ♦ The names were imt taken down— tlic nuMibi'ib were Yfas 16, Navs"-'. 
 
 / 
 
 / 
 
56 
 
 ed tli6 House from reviewin^f at an earlier moment, the Esti- 
 mate of the Civil List, Reveaue and Public Accounts, and the 
 advf.nced state of the Session, not admitting the passing of a 
 Bill of appropriation for the purpose, they pray Hia £xcel<- 
 leney will be pleased to order, that the said sum, not exceeding 
 forty thousand, two hundred and sixty-three pounds, eight 
 shillings and nine pence, currency, be taken out of any of the 
 unappropriated monies which are or hereafter may Iw' in the 
 hands of the Receiver General of this Province, for the purpose 
 aforesaid, and assuring His Excellency, that this House will' 
 make good the same at the next Session of the Frovintial Par- 
 
 liament.' 
 
 ,v--s Ttr- < 
 
 
 ».?. . J 
 
 ;(*i II i '' 
 
 SlPEECH of Ilis Grace the Duke of Richmond upon opening 
 
 the Session of 1819. 
 
 Fridaj/, 9^dJamiar^, 18191 
 
 .vrfl 
 
 ^' Gentlemen of the Leghlntive Council, and 
 *' Gentlemen of the House ofAssembli/ / 
 
 
 '* The respect which we owe to the memory of Her Majesty,' 
 our late revered Queen, having been so far publicly manifested 
 by your short prorogation, I now meet you with the assurance of 
 my confidence in your zeal and assiduity, and in your union at]d 
 loyalty to promote, by your labours, the best interests of this' 
 tiivored Province, inseparably connected with those of the Mo- 
 ther Country, and the honor of His Majesty's Crown and Qo- 
 vernment ; in the progress of which you may rely on my most 
 cordial support and assistance. 
 
 (( 
 
 Gentlemen of the House of Assemhlji/ ; 
 
 '* His Majesty having been pleased to accept the voluntary 
 orter made by the Representatives of the Commons of this Pro- 
 vince, to provide for the expences of the Civil Government, mea- 
 sures were adopted by your late Governor in Chief, Sir J. C. Sh lh- 
 iirtooKE, during your last Session to carry the same into effect, 
 which you cheerfully supported ; but having, by his illness, been 
 prevented from contemplating the appropriations required, I con- 
 sider it necessary to call your immediate attention to this subject, 
 by which his Administration, so honorably conducted, may be, 
 in this respect closed. And for this purpose, I shaU order the 
 accounts of the actual expence of the Civil Government for the 
 last year, and of the Revenue collected during the same period, 
 to be forthwith laid before you, in order that your course may be 
 open to proceed on other financial objects. 
 
57 
 
 <)i 
 
 
 mea- 
 
 *^ In like nmuiner tUe estimates of the e^pencefor thepresient 
 year, and the ^i;nQvint of the Revenue to be expected {i>Q[h t&s 
 existing Laws, will be prepared to be laid before you, that you 
 may be able to attend to the whole of thc3>3 meASures whio^ VkOTC 
 peculiarly originate with your branch of the Legislature. 
 
 " Gentlemen of the Legislative Councilf and 
 ** Gentlemen of the Home of Assembly ; 
 
 *' Your joint experience of the public affairs ot this Province, 
 «nd your intimate acquaintance with the wanU* and interests of 
 your fellow subjects, render it unnecessary for me, at this early 
 period aH^er my aiTival, to call your attention to any particular 
 objects of Legislation. — I shall, in the course of the Session, 
 communicate to you by Messages, such matters as cii:cu^t&tp,nces 
 which may arise, shall, require. 
 
 ** My earnest desire is to promote, to the utmost of my power, 
 the prosperity of this rising Cqlqny ; and Iljave no doubt pf ex- 
 periencing from the uition of your proceedings, the most satis- 
 factory results to tl^ interestd of His Majesty^s Pecple and Go- 
 vernment. ..t-',,tfv-. ;m^' " ■ ^': 
 
 Mess ACE froni His Graced GdVBiiroii t)r»€<iiti;F to 
 ^hellousE OF Assembly. 
 
 RICHMOND, LENNOX AND AUBIGNY, 
 
 GovERXoa i]^ Chiep. 
 
 . The Gpvei'nbr in €hlef has directed to be Is^jd befovethe 
 House of As^mhly, estimates of the regular and cpntiqgqht e^- 
 pences of the Proyince of J^oijver- Canada, for the year cqm- 
 mencing the first November, one thousand eight hundred fM)d 
 eighteen, ^nfl ending the thirty nfirst Qctober, one thousand 
 ieight jiundv^d and nineteen, inc;lusive, i^ full confidence the 
 House will provide by sufficient appropriations for the same. 
 
 The amount of these Estimates may be consi<^erc4 asthesiini 
 'Vrhich will be annually ]|;)iccessia,ry for tlie support of the Civil 
 List, subjept, nevertheless, from t|me to (ime, to such dimi- 
 nution or augmentation, as the, circumstances o^the tim^ may 
 te<|uice,a,nd the wisdom ofthe I^^islatvtre shall jutjgie expedient, 
 a^d tl^e Governor ia Chief has po doubt but that the House 
 will always be disposed to make a due and respectable proyisioii 
 fiMr,^^^|)9i^qf ji]li t^^bmnches of His JVIajesty's Gov^m^eni^; 
 
58 
 
 4 
 
 in order that the services of such persons aa are bpst suited to 
 discharge the respective duties required, may be obtained. . 
 
 Castle of Saint Lewis^ ;J ' > / ot . ..'>»,-t p ^,1-. « y.Mx 
 • QviEBEC, 3d. March, 1819.$ v. ji j v.j;- ^ .u '« -<rl 
 
 ..%> v-?.,.*f ;.•^.■^ 1^iifa^•%^^^y_ 
 
 
 Extract from the Speech o£ His Grace the Duke of Rich- 
 mond, upon closing the Session of 1819. 
 
 v!' 
 
 v.. .» 
 
 mtiih 
 
 ■t%iuLi£iiio (Hii w f«^M44iin ^n . Saturdaj/y '^Mh April, 1819^ 
 
 ■;,,^* Ocntlemen of the Legislative Council^ and < i ' 1 
 
 . " Gentlemen of the Home of Assembli/ ; rM "'' 
 
 -•;< jk'.,,. 
 
 > " I came to this Province to take the Government of His Ma- 
 jesty's Dominions in North America, with a sincere desire of 
 <:arryin^ into practice the intentions and liberal views of His 
 Royal Highness the Prince Regent, to promote, by every prac- 
 ticable measure, their general prosperity, to improve their natural 
 I'esources, and the individvfAt happine-s ot His Majesty's people. 
 "5»''** A reasonable hope and expectation was entertained by me, in 
 accepting thie command, that i should meet, in those pui'suits, 
 ■with the cheerful support of every well informed person, who 
 could appreciate, in h^s own uiiud, iny iuuiive» in undertaking 
 the charge. •■■'• /•'->•■{?•' !hf*j.'^..i.)< r-vvii- .-' >• 
 
 ** With these impressions on my mind, and with full confidence 
 in your zeal, your loyalty, and your local knowledge of the pub- 
 lic and private interests of the country, I met you on your Le- 
 gislative duties, and have mo3t patiently attended to your pro- 
 ceedings during a long Session, which I am now to close by pro- 
 rogation. 
 
 '* You, Gehtlemen of the Legislative Council, have not dis- 
 appointed my hopeft, and I beg to return you my thanks for the 
 Zealand alacrity you have shewn im all that more immediately 
 belongs to your Body. 
 
 " ft is with much concern I feel myself compelled to say, that I 
 cannot express to you, Gentlemen of the Assembly, the same 
 satisfaction, nor my approbation of the general result of your 
 labours, (at the expense of so much valuable time,) and of tlie 
 public principles upon which they rest, as recorded on your 
 Journals. 
 
 " You proceeded Upon the Documents which I laid before yoti, 
 to vote a part ot the sum required for the expences of the fear 
 
 R 
 
59 
 
 1819 ; but the Bill of Appropriation which you passed, vras 
 founded upon such principleii, that it appears from Uie Journals 
 of the Upper House, to have l)een most constitutionally rejected : 
 His Majesty's Government lias been ihusleft without the neces- 
 sary supplies for supporting the Civil Administration of the Pro- 
 vince for the ensuing year, notwithstanding the voluntary offer 
 and pledge given to His Majesty, by the Resolve of your House, 
 of the IStli of February, 1810. 
 
 ** Gentlemen of thi Les^ixlative Council^ and ,,,^ ,' 
 
 *' Gcn'lemen of the House of Assembli/ / ,.[ , . • r 
 
 " I recominendt' I to you, by Special Message, the considera^ 
 tion of the Judicature At, ^c. &c. &c.* 
 
 " The present tine iffords you an opportunity of maturely de- 
 liberating on flioc important objects, and on others essentially 
 necessary to b' better considered. I recommend particularly to 
 your attention as individuals, the value of your constitution of 
 Governutent ; which altords the most complete and ample pro- 
 tection and freedom of I'erson and Property that can possibly be 
 desired, and superior to every system of Government enjoyed by 
 any Colony that has heretofore existed, your sister dolony of 
 Upper-Canada excepted. And as branches of the Legislature, 
 it is of the first i:nporiance that you should fully understand your 
 Constitutional rights ; that that privilege may not come into 
 question with prerogative ; and that wlule you maintain those 
 rights which respectively belong to you by tli£s, 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 a general state of the lievenvie, the ExpenceB^ 
 Agriculture and Commerce of the Province, and request instruc- 
 tions on such points as may be necessary to be more fully un- 
 derstood, tliat difference of opinion amongst those who ought 
 to have only one object in view, may as much as possible be 
 avoided." > ^ h 
 
 HOUSE OF ASSEMBLY, 
 
 Wednesday, \4ilh Februarj/, 1821. 
 
 Resolved — That the said entry in the Journal of the Legisla- 
 tive Council, of the 21st April, 1819, and the Speech of 
 
 * The pari of His Grace's Speech omitted, relates to a variety of local matters. 
 
 / 
 
 / 
 
 / 
 
 M 
 
 >tei 
 
■ \ 
 
 
 ■J 
 I 
 
 i 
 
 , . 60 
 
 * Hk Gmn^ tte d»jh Gtevrtnoir in Chief, of the Ht\\ April of 
 the sam^ year, do s^vertilly, contain a censure of the Pro- 
 ceedhig^ of thia branch of the L^ittlature. 
 
 JlBf^LVifD — That all cenBtii-e of any proceedings of tliis brancf^ 
 of the Legislature, by either ot the other branches thereof^ 
 is' Ah assumption ihd exercise ofpowei' contrary to Ijaw,- a 
 breach of the undoubted rights and privileges or this House, 
 and subversive of the Constitution oi Government, as by law 
 established in this Province. 
 
 R£i(OLTED~-Thiit' it is tlie uridobt^ti^ right of tTi?s House, in 
 Voting aids or sup|!>ii^y or oiferinff money bills for the con- 
 sent of the other branches of the Legislature (as well as in 
 all its other proceedings under the abre recited Act of Pai> 
 fikttil^liil 6t Great Eritam) to adopt such order or mode of 
 ^I'oceeffln^as it ihay find eotifbrmabl^ to its Rules, and tcf 
 pl^b'oVfiid^such iM&tter, as ih it«ju<!^ent, shall seem fittest 
 ma ittost' conducive to flie' petfce, wejfiw^, eW6 goodgo^ 
 
 .»;.i. 
 
 >lf! 
 
 TT-r- 
 
 
 
 '•If ■ t ,t ■ I • 1 o 
 
 
 
 Ott the ^ an^ 6e<«ii<| |ie8Qluti6fi»}--a ''.'^ 
 
 Rfis^ibVED, That this Honffe^sr i^evei^ ^ni^ nw ektimedany 
 ' tfhini^contraiy to v^haY is stMed in the soid ^esohitionvof 
 ' tliif^' Honor^lietlie Legislative Gouiycilk 
 
 On ih^ other Resolutioni 5-;; 
 
 5»'I 
 
 i-»J. t. 1.', 
 
 M. 
 
 Resolt^d, That the Honomb7e the Legislative Council, can<<> 
 not, constitutionally, prescribe or direct to this tJouse, the, 
 manner or form of ||^roceed9ng on Bilk of Aid or Supply, 
 A6fr upAr iny Aia^ei^ or tWlf»g ^hsTtsoever, and that every 
 attempt of the, Legislative Council for that purpose^ is li 
 ()reach of the Rights and rrivili^jes of this Mouse. . , 
 
 Resolve]^, That the right of originatinjg Bills of Aid erf Shippljf, 
 b^kMigs solely and exclusively to tins House. 
 
 Rb 
 
 Re 
 
 Rei 
 
 Res 
 
 RE! 
 
 Re 
 
IIbiioi:.VBB) That the right of originftting Bilk of Appropriation 
 of public money, belongs solely and exclusively to this 
 - House. ■ 
 
 vi< I' 
 
 '1 
 
 Resolved, That this Ftouseare astonished that the Honora- 
 ble the Legislative Council, have passed Resolutions, and 
 
 . adopted Rules, which affect the Cfonstitulional Rights and 
 Privileges of this House, without having heard the reasons 
 
 V to the contrary which might hsve been given on the part of 
 this House. 
 
 Resolved, That the said Resolutions have been adopted by the, --h 
 ' Honorable the Legislative Council, without any aifficulty or 
 
 dispute having arisen between the said Legislative Council 
 ' and this House respecting the matters therein set forth, and 
 
 that the said Resolutions adopted gratuitously and unneccs- 
 
 • sjtrly by the said Ijegislative Council, are of a nature to re- 
 4 tard there-establishment of that harmony and (h&t good 
 
 • - understanding between the two Houses, which is so desirable 
 
 should prevail, for the good government, peace and wel^re 
 of the people of this Province. "' '^' 
 
 Resolv-d, That all Resolutions by which one branch of the 
 Legislature lay down for themseves beforehand, and in a 
 general manner, a rule not t'6" proceed on Bills of a certain 
 fenn or description which may be offered to them by ano- 
 tl:p« hraiich, is conn'avy to parliamei^tary laws and usages, 
 to ilie Consritntionai Act, and to the Liberties, Rights and 
 Privileges wfihe other bi'aTiches of the Legislature, and even 
 of that branch which adopts such Resolutions. 
 
 Resolved, That by constant parlid,mentai*y usage, recognized 
 by several Acts* of the Parliament of the United Kingd6ni 
 , and the Legislature of this Province, the Commons of the 
 .'■: Vnited Kingilom and the Assembly of this Province have - 
 frequently voted by Addresses advances of money when the 
 exigencies of the state and country have rendered it neces- 
 sary, and that this practice far from being disadvantageous, 
 has been of very great assistance to Government, a;s the con- 
 verse would produce incalculable inconvenience and fetal . 
 { consequences to His Majesty's Government. 'i 
 
 ReJ*olvAd, Th&t it is the duty of this House towards His Ma- 
 jesty and the people of this Province, to take into conside- 
 ration all salaries, pensions, and augmentations thereof, and 
 to provide for them with liberality and justice, although the 
 quantum be not mentioned in the recommendation made lo 
 (his House by the King's Representative. '• ^ ^ \ .. 
 
 'W: 
 
 ..•as 
 
 y 
 

 5»;a 
 
 62 
 
 Resolved, That the Honorable the Legislative Council cannot 
 directly or indirectly, abridge or prolong the time fixed by 
 Bills of this House for the collection of any sum of money, 
 nor change the mode established by Bill of this House, ei- 
 ther for the collection or application of the public money.* 
 
 m 
 
 m 
 
 
 SprccH of His Excellency the Earl of DALHouaiE,upon 
 closins the Session of 1821, 
 
 ■hfn 
 
 SaturJai/, 17lh March, 1821. 
 
 ^J^.G^tfUemen ofihe Legislative Councii, and 
 ■:-rSt ; ** Gentlemen of ike House uj Assembly ; 
 
 .a^ i'tkr-iiiut) , ■,;^^• .- ; ■■..■■•. ,',>. . 
 
 *'^ Althot^gh I cannot by any means exprers my satisfaction irt 
 the general result cf your deliberations, yet it is v/ith great plea- 
 
 »' LEGISLATIVE COUNCIL, 
 
 k^aijajjtf^^.rfcffo Ji it*^/«i<! Tuesday, March 6lh, 1821. 
 
 *Il£SOtVJBp, Tbat it is (he undoubted constitutional lipit of tlie Lecribltiiive Council, 
 to hav? u voice in all Bills of Aid rt» Supply, or money of any kind, levied 
 upon the People of this Province by the LegisI tlure thereof, anu in all Bill^of 
 App!°opriati«n of the san>< , whatsoever the p irpose may be. 
 
 Hesolved, That the said rijrlii extends to the nppr (Val or rejeciion of all Bills of Aid 
 ' r/r /<upply or monies aioresaid, and of all l^.llsof Appropriation for the whole 
 ,, . (>r any part of f,i\clt Aid or Supply or isuch m >nie$, and that no legal appropria- 
 tion can be made wiihoui the ccueurrence oi the thri*e bran<;hesof ihe Legisla> 
 ture. 
 
 Iic^i>OLT>^D, Tbat the Legislative Council will not proceed upon anv Bill of Aid or 
 Supply, ' hich shall iiui, wiMiin the knowledge of this House, bavc been appli- 
 ed torb , -he King's 'lej rescntalive in this Province, 
 
 ResoiI/VEd, That the Legir.laivf Council will not proceed upon any Bill appropriat- 
 ing public money, thai >-liill not within the knowledge of this liuuse, have been 
 reroL^nended by -! •* Kiuj^'s Repiesenlaiive. 
 
 Rc«OLveo, That the Le^islaiivp Council will not proceed upon any Bill of Appro- 
 priation, fi»r money isMied in con->equeuce cf a'l Ad?<re»s of the" Assembly to the 
 King's Representative, (Addresses of the Assembly for the expenses of that 
 House excejMed) unles- upon some extraordinary emcrgeury, unforeseen at the 
 lomtnf^^ecmenl of a Session, and which unforeseen emergency will not allow 
 of time for nussing a Bill of Aiuncpriation for the same, in the Session when the 
 Addresses shall have been ^,)|pd. 
 
 Resolved, That the Legislative Council will not proceed upon any Appropriation 
 '■f public money, lor any Salary or l*en.>'ion hereafter to be created, or any aug- 
 menlniion thereof, um^ssihe yNautumof such Salary, Pension or augmentation 
 shall have been recommenned by the King's Representative. 
 
 RCbOLVF.D. 7'hat the I egislutive Council will not proceed upon any Bill of Appro- 
 priation tor the Civil List, which shall roniain sp'>ci(icaiions therein, by Chap- 
 ters or Items, nor unless the same shall be granted dur:ng the life of Jlis* Majes- 
 ty the King. 
 
 ResiOlved, That nothing contained in these Resolutims, shall be construed to jtrc- 
 vcul or infringir upon freedom of dfbi>ie and derision in this llmise, upon the 
 merits of any matter which shall iie reiomaicnded by His Majestv's Represen- 
 tative, or upon any Bill relating to vublic money, upon wbicU this House, ac- 
 cokding (u the spirit of these Kesolua. b, cau proceed. 
 
 .i^. 
 
^ 
 
 63 
 
 Bare I acknowledge your assiduous and zealous attendance in the 
 discharge of your public duties, during the long and laborio;is 
 Session, which I am now to close. 
 
 *' Gentlemen of the House of Asscmhli/ ; 
 
 *' I thank you in His Majesty's viame for those supplies which 
 have been granted, by Bills of appropriation ; and assure you of 
 my best attention in the application of them to the purposes for 
 
 which they are intended. 
 
 " I exceedingly legret that the expectation's of His Majesty, 
 which, by his command, i had the honor to express to you at the 
 opening of this Session, have not been reahzed. 
 
 ** Gentlemen of the Legislative Council^ and 
 " Gentlemen of the House of Assembly ; 
 
 " When this Parliament met for the dispatch of public busi- 
 ness, I did entertain a hope that the experience of the last few 
 years, would have led you to a mature and serious consideration, 
 of the consequences that would inevitably follow, if the then 
 state of things should not be remedied ; you cannot, tlierefore, 
 be surprised that I should now. e.^press not only my disappoint- 
 ntent, but great, concern that the same question of constitutional 
 principle shoukl have again disturbed the unanimity ot your Le- 
 gislative proceedings. 
 
 *' Upon this occasion, I think it a duty which I owe to you 
 and to your country, to call upon you to consider, during this 
 summer, the result of the discussions of the Session in all its 
 bearings. 
 
 " You will see the Administration of the Civil Government 
 left without any pecuniary means, but what I shall advance upon 
 my own personal responsubility ; y<^u will see individuals suffer- 
 ing imder severe and unmeriied har Jships, caused by the want 
 of that coi.stitutional authority, that is necessary for the payment 
 of the expences of the Civil Government ; you will see the in- 
 terior improvements of the country nearly at ja stand ; you will 
 see, in short, the Executive Government in a manner palsied 
 and powerless. 
 
 " When I shall again summon you to meet here in Parliament 
 you will come tf> decide the important question, whether the 
 Government sha'l be restored to its constitutional energy, or 
 whether you are to deplore the prospect of lasting misfortune ; by 
 a continuance in the present state of things ? Important as that 
 question is, there can be no difficulty in the decision. When 
 the blessings of the British Constitution were granted to thiii 
 Province, you received with it, the recorded experience of ccutu- 
 
 
64 
 
 ries of praotice. Tji^ere U np question of doubt or of difficulty 
 thfLt may not find its precedent in the records of the Impeijid 
 Parliament ; and I cannot tliink that any \jiiss$ guide i^«d be 
 desired." 
 
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