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 1 2 3 
 
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T 
 
 R 
 
COMMUNICATION, 
 
 FROM THE 
 
 MONORABI.E THE EXECUTIVE COUNCIL, 
 
 10 
 
 THE LIEUTENANT GOVERNOR 
 
 WITH HIS EXCELLENCY'S REPLY. 
 
 I. 
 
 TORONTO : 
 R. Stantoiv, Printer to the King's Most Excei-lent Majesty. 
 

 sv-^^'SSU.^^ 
 
COM^rUNICATION, &c. 
 
 % 
 
 Executive Council Chamber, at Toronto, 
 Friday, 4th March, 1836. 
 
 To His Excellency Sir Francis Bond Head, Knight 
 Commander of the Royal Hanoverian Guelphic 
 Order, Knight of the Prussian Military Order of 
 Merit, Lieutenant Governor of the Province of 
 Upper Canada, <fec. ^c. &c. 
 
 May it please Your Excellency. 
 
 The Executive Council, impressed with the 
 oath they have taken to discharge the duties necessa- 
 rily resulting from their appointment " to advise the 
 ** King and His Representative in the Government of 
 " this Province," in the terms of the Constitutional Act, 
 ** upon the affairs of the Province," deem it incum- 
 bent upon them most respectfully to submit the fol- 
 lowing representation : — 
 
 The Executive Council recognise the truth of the 
 opinion expressed by Lord Glenelg, that " the pre- 
 " sent is an era of more difficulty and importance than 
 " any which has hitherto occurred in the history of this 
 " part of His Majesty's dominions." This unhappy 
 condition they ascribe, in a very great degree, to the 
 hitherto unconstitutional abridgment of the duties cf 
 the Executive Council. It appears from the proceed- 
 ings of the House of Assembly, and from the reiteration 
 of established opinion in the Country, that neither will 
 public expectation be satisfied, nor contentment be 
 restored, until the system of Local Government is 
 
M 
 
 nil 
 
 \\:i 
 
 altered and conducted according to the true spirit 
 and meaning of the Constitutional Act. The delay 
 of this just and indispensable course has already ex- 
 cited in the great mass of the people, a lamentable 
 jealousy and distrust, and has also induced the dis- 
 cussion of constitutional changes, the desire for which, 
 unless speedily arrested, by affording the unrestricted 
 operation of the 31st George 3, Chapter 31, will not 
 only become more fixed, but rapidly increase to a 
 greater and irretrievable extent. 
 
 The policy. and measures which have led to the 
 present condition, seldom passed under the review of 
 the Executive Council, or were submitted for their 
 advice. Nevertheless, its Members have been unde- 
 servedly subjected to the heaviest reproach throughout 
 the country, from a prevalent belief that they have 
 been called upon to fulfil the duty imposed upon them 
 by the Constitution, as advisers upon public affairs. 
 But amidst the obloquy thus thrown upon them, they 
 have studio .sly avoided any attempt at exculpation, 
 by disavowing, in their defence, any participation 
 in the conduct of the affairs which they were erro- 
 neously supposed to have approved. The conse- 
 quence of this silent endurance of political odium, has 
 been the perpetuation of the misbelief that the Ex- 
 ecutive Council are conversant with the affairs of the 
 Province, upon which they are appointed to advise : 
 and although an opposite practice has generally pre- 
 vailed between former Lieutenant Governors and 
 their Council, yet it has ever been notoriously con- 
 trary to the state of things presumed by the commu- 
 nitv to exist. 
 
 ■J 
 
 I 
 
 a 
 
 << 
 
 ^V^^'SSflJ^: 
 
)irit 
 
 jlay 
 
 ex- 
 
 ible 
 
 lis- 
 
 |ich, 
 
 ;ted 
 
 not 
 
 to a 
 
 Public opinion respect'ng tlie Executive Council 
 and their duties, has been founded upon the terms of 
 the 31 George III. chapter 31, to which Statute the 
 people used to express a firm attachment, an attach- 
 ment wliich the Council believe never would have 
 been impaired had the Constitution been administered 
 either according to its letter or its spirit. 
 
 In several clauses of 31 George III. chapter 31, 
 the Executive Council is mentioned in general terms. 
 In the 34th clause the terms are " together with such 
 *' Executive Couiicil as shall be appointed by His Ma- 
 *' jesty for the affairs of such Province," and not as it 
 would otherwise have been expressed "together with 
 " such Executive Council as shall be appointed by His 
 " Msijeaty for that purpose.^'' In the 38th clause the 
 terms are "with the advice of such Executive Council 
 " as shall have been appointed by His Majesty, his 
 Heirs or Successors, within such Province for the 
 affairs thereof," and not, as it would otherwise have 
 been expressed, " with the advice of such Executive 
 " Council as shall have been appointed by His Majesty, 
 " his Heirs or Successors, within the Province^br that 
 " purpose.^^ 
 
 The same may be said of similar terms used in 
 the latter part of the seventh clause. 
 
 With respect to which clauses it may be further 
 remarked, that had it been contemplated that the 
 Executive Council were to act only in the matters 
 therein specified, the words " on the affairs of such 
 " Province" might have been omitted, without in the 
 least impairing the legal effect. In the construction. 
 
 <( 
 
 (< 
 

 A 
 
 
 
 theretbre, of tlii« Htutute, tlie above expression can 
 not be treated as surplussage, but must be taken to 
 impose the duty which it imports. 
 
 From tlie language of this Statute, therefore, it 
 appears — 
 
 FirHtly, — That there is an Executive Council. 
 
 Secondly, — That they are appointed by the King. 
 
 Thirdly, — That they are appointed to advise the 
 King, and his Representative, upon '* the 
 " affairs of the Province,^'' — no particular affairs 
 are specified : no limitation to any particular 
 time or subject. 
 
 As the Constitutional Act prescribes to the Coun- 
 cil the latitude of " the affairs of the Province," it 
 requires an equal authority of law to narrow those 
 limits, or relievo the Council from a co-extensive 
 duty. 
 
 Every Representative of the Ki-^'g, upon arriving 
 from England to assume the Government of this 
 country, is necessarily a stranger to it ; and the law 
 has provided for a Local Council as a source of ad- 
 vice, which when given, is followed or not, according 
 to his discretion. 
 
 In certain cases specified in the 38th Clause of 
 the 31 Geo. 3, chap. 31, the concurrence of the Coun- 
 cil is required to give effect to certain Executive Acts. 
 But these exceptions prove the general rule, viz. : — 
 ihat while the advice is to be given upon the affairs of 
 the Province generally, it is only in the particular 
 cases that it must harmonize with the pleasure of the 
 Crown, to give that pleasure effect. Indeed, if the 
 
 I 
 
 1. f 
 
can 
 to 
 
 it 
 
 Law could be construed to limit the advice to the par- 
 ticular cases, it would follow that the Council could 
 not legally and constitutionally advise upon any others ; 
 a proposition which, besides its manifest repugnance 
 to the terms of the Act, is contrary to received opinion 
 and usage. 
 
 But while the Constitution has assigned to the 
 Council this duty, it is only to a very subordinate and 
 limited extent that they have heretofore had opportu- 
 nity afforded them to perform it. It is submitted that 
 the exigency of the Statute can only be answered by 
 allowing the affairs of the Province to pass under their 
 review for such advice as their consciences may sug- 
 gest, preparatory to the final and discretionary action 
 of the King's Representative, upon those affairs. 
 
 The Council meeting once a week upon Land 
 matters, while the affairs of the Country are withheld 
 from their consideration and advice, is as imperfect a 
 fulfilment of the Constitutional Act, as if the Provin- 
 cial Parliament were summoned once a year, to meet 
 the letter of the Law, and immediately prorogued 
 upon answering the Speech from the Throne. In 
 both cases the true meaning and spirit of the Consti- 
 tutional Act require, that the Parliament should have 
 a general and practicable opportunity to Legislate, 
 and the Executive Council to advise, upon the affairs 
 of the Country. In the former case, the Represen- 
 tative of the King can withhold the Royal Assent from 
 bills, and in the latter, reject the advice offered ; but 
 their respective proceedings can not be constitution- 
 ally circumscribed or denied because they need the 
 
8 
 
 i; 
 
 
 1(1 
 
 i 
 
 a 
 
 
 V 
 
 expression of the Royal pleasure thereon tor their con- 
 Bumniutioii. 
 
 The extent anil importance of the affairs of the 
 Country have necessarily increased with its popula- 
 tion, wealth and commerce, and the Constitution has 
 anticipated the difliculty, by a division of labour and 
 responsibility, from the active attention of the Execu- 
 tive Council to their duties. With the exception of 
 those matters of so weighty or general a character as 
 not properly to fall under any particular department, 
 and therefore fitted for the deliberation of the Coun- 
 cil collectively, it is recommended, that the affairs of 
 the Province be distributed into Departments, to the 
 heads of which shall be referred such matters as ob- 
 viously appertain to them respectively. Upon this 
 principle (recognised by the existing Constitution of 
 this Province and of the Mother Country) the people 
 have long and anxiously sought for the administration 
 of their Government, under the Representative of the 
 King ; and the Council most respectfully, but at the 
 same time earnestly represent, that public opinion 
 upon the subject is so fixed, and becoming so impa- 
 tient, as to preclude the possibility of denying or de- 
 laying the measure, without increasing public dissatis- 
 faction, and leading to the final adoption of other 
 views, as already too universally manifested, uncon- 
 genial to the genius of the Constitution, and most 
 dangerous to the connection with the Parent State. 
 
 The remedy, it is feared, is now proposed too 
 late for all the advantages desired ; but the longer it 
 is with! id, the more alienated and irreconcilable will 
 
 the pi 
 
 calm 
 
 Coui. 
 
 systei 
 
 recog 
 
 count 
 
 anxic 
 
 admi 
 most 
 disal 
 natui 
 
roil- 
 
 i 
 
 
 
 the public mind become. The present comparative 
 calm and thankfulness arise from a belief that the 
 Com.oil will second this exigency, in establishing a 
 system of Government, according to the principles 
 recognized by the Charter of the liberties of the 
 country — an expectation which the Council are most 
 anxious to realize. 
 
 Should such a course not be deemed wise or 
 admissible by the Lieutenant Governor, the Council 
 most respectfully pray that they may be allowed to 
 disabuse the public from a misapprehension of the 
 nature and extent of the duties confided to them. 
 
 (Signed,) 
 
 PETER ROBINSON. 
 
 GEORGE H. MARKLAND. 
 
 JOSEPH WELLS. 
 
 JOHN H. DUNN. 
 
 ROBERT BALDWIN. 
 
 JOHN ROLPH. 
 
 B 
 
Hi 
 
 1 
 
 'tt 
 
 
HIS EXCELLENCY'S REPLY. 
 
 F. B. HEAD. 
 
 The Lieutenant Governor transmits to the 
 Executive Council the following observations, in reply 
 to the document, which, in Council, they yesterday 
 addressed to him. 
 
 
 The Constitution of g British Colony resembles, 
 but is not identical with, the Constitution of the Mother 
 Country — for in England, besides the House of Com- 
 mons, which represents the people, there exists a 
 hereditary nobility, the honours and wealth of which, 
 as well as the interests of the Established Church, 
 are represented by a House of Lords, while the Sov- 
 ereign (who, by law, can do no wrong,) is surrounded 
 by a Ministry upon whom devolves the entire responsibi- 
 lity of the measures they suggest, and who are conse- 
 quently removable at pleasure. But in the Colonial 
 portion of the British Ehjpire, which, however rising, 
 is generally speaking thinly inhabited, the people are 
 represented by their House of Assembly, which is 
 gifted not only with the same command over the sup- 
 plies, as in England, but which possesses within the 
 Colony, most of the powers of the British House of 
 Commons. The Legislative Council is intended, as 
 far as the circumstances of a young Colony can per- 
 mit, to resemble the British House of Lords ; and if 
 the Lieutenant Covernor stood in the place of the 
 Sovereign — and if, like His Majesty, he could do no 
 wronff, it would evidently bo necessary Hiat a Minify 
 
 ^1 
 

 i I 
 
 12 
 
 try, Executive Council, or some otiicr body of men 
 should be appointed, who might be responsible to the 
 country for their conduct. 
 
 This, however, is not the case. His Majesty 
 delegates his Sovereign protection of his Colonies to 
 no one, but he appoints a Lieutenant Governor, who 
 is responsible to him for his behaviour, who is subject 
 to impeachment for neglecting the intorests of the 
 people, and who is liable, like the English Ministry, 
 to immediate removal — and the history of the British 
 Colonies clearly shews, that there is no class or indi- 
 vidual of His Majesty's subjects to whose represen- 
 tation, prayer or petition, the King is not most wilhng 
 to attend. 
 
 The Lieutenaiit Governor is, therefore, the res- 
 ponsible Minister of the Colony, and as not only his 
 character, but his continuance in office depend on his 
 attending to the real interests of the people, it would 
 be evidently as unjust towards him that he should be 
 liable to impeachment for any acts but his own, as it 
 would be unjust towards the people, that a responsi- 
 bility so highly important to their interests, should be 
 intangible and divided. It is true, his knowledge of 
 the country is not equal to that of mony intelligent 
 individuals within it ; but in Government, impartiality 
 is better than knowledge, and it must be evident to 
 every well constituted mind, that in an infant state of 
 socieiy, it would be impossible practically to secure a 
 sufficient number of impartial persons to effect a 
 change of Ministry, as often as it might bo necessary 
 for the interests of the people to do so. 
 
 I 
 
 I! 'i 
 

 13 
 
 This diiference between the Constitution of the 
 Mother Country and that of its Colony is highly advan- 
 tageous to the latter — for, as in all small communities, 
 private interests and party feelings must unavoidably 
 be conflicting, it is better as well as safer, that t le 
 people should be enabled to appeal in person, or by 
 petition, to the Lieutenant Governor himself, whose 
 duty it is to redress their complaints, and who is liable 
 to dismissal if he neglects them — than that they shouIJ 
 appeal to a series of Provincial Ministries, composed 
 of various individuals. 
 
 To enable the Lieutenant Governor to perform 
 the arduous duties of his office, the Constitution has 
 wisely provided him with an Executive Council, com- 
 petent to supply him with that local knowledge in 
 which he may be deficient, and to whom he may ap- 
 ply for counsel and advice. 
 
 Before he entrusts himself to these Gentlemen, 
 they are by order of His Majesty required solemnly 
 to swear, not only to give to the Lieutenant Governor 
 their best counsel and advice, but they are also sworn 
 to secrecy. 
 
 Their individual opinions can never be divulged, 
 even to the King ; and as a proof that His Majesty 
 does not hold them responsible for the acts of his 
 Lieutenant Governor, they can retain, and often do 
 retain, their office of sworn advisers, although Gover- 
 nor after Governor may have been dismissed. 
 
 The advantage of such a Cc iucil to a Lieuten- 
 ani Governor is so self-evident, that he must be weak 
 and self-sufficient indeed who does not continuallv 
 
14 
 
 m\ 
 
 have recourse to it ; but although it strengthens his 
 judgiiient, and confers dignity on his proceedings, yet, 
 in no way does it shield him from disgrace, should his 
 acts be found contrary to the interest^ of the people. 
 In such a case it would be vain, as well as unconsti- 
 tutional, for a Lieutenant Governor to attempt to 
 shield himself from responsibility, by throwing it upon 
 his Council ; for by his oath he cannot even divulge 
 which of his advisers may have misled him. Sup- 
 posing, for instance, that with the concurrent advice 
 of-^ his Council, he was illegally to eject by military 
 force an individual from his Ifind, the Lieutenant Go- 
 vernor would be liable to arraignment, and whether 
 he had acted by the opinion of the Law Officers of 
 the Crown — by the advice of his Council — by informa- 
 tion derived from books — or from his own erring judg- 
 ment, it has been wisely decreed, that the injured 
 subject shall look to him, and him alone, for retribu- 
 tion, and that he, and he alone, is answerable to His 
 Sovereign for the act of injustice which has been 
 committed. 
 
 Being therefore subject both to punishment and 
 disgrace, it is absolutely necessary, as well as just, 
 that the Lieutenant Governor of a Colony should have 
 full liberty to act, (though at his peril) in every case, 
 as he may think best for the interests of the people, 
 according to the commands of His Majesty, and of 
 His Majesty's Ministers. To consult his Council on 
 the innumerable subjects upon which he has daily to 
 decide, would be as utterly impossible as for any one 
 but himself to decide upon what points his mind iti- 
 cfuired, or needed not, the advice of his Council. 
 
 4^ 
 
 'if 
 
 
 I 
 
 '§ 
 
 '7^A^•?^'SS'ii?^ 
 
15 
 
 leiis his 
 >gs, yet, 
 }uld his 
 people, 
 iconsti- 
 mpt to 
 it upon 
 divulge 
 
 Sup- 
 advice 
 [nilitary 
 wit Go- 
 vhether 
 ic€irs of 
 ifonna- 
 gjudg- 
 injured 
 etribu- 
 to His 
 
 been 
 
 nt and 
 IS just, 
 d have 
 case, 
 jeople, 
 and of 
 icil on 
 aily to 
 ly one 
 nd ft'- 
 )uncil. 
 
 Upon their sterling fund he must therefore constitu- 
 tionally draw whenever embarassment requires it, and 
 on their part, if they faithfully honour his bills, how- 
 ever often he may present them, they conscientiously 
 fulfil to their Sovereign, to Him, to their Country, and 
 to their Oath, the important duty which they have 
 sworn in secrecy to perform. 
 
 Having concluded the above outline of the rela- 
 tive responsibility of the Lieutenant Governor and 
 his Executive Council, as it regards His Majesty's 
 Colonies in general, it may be observed with respect 
 to this Province in particular, that when His Majesty, 
 by conquest, first obtained possession of the Canadas, 
 the Government thereof devolved upon the Military 
 Commander, until by an Act passed in the 14th year 
 of George 3, a Council was appointed " for the affairs 
 " of the Province of Quebec, to consist of such per- 
 sons resident therein, (not exceeding twenty-three 
 nor less than seventeen) as His Majesty, His Heirs 
 " and Successors, shall be pleased to appoint, which 
 " Council so appointed and nominated, or the major 
 " part thereof, shall have power and authority to 
 " make ordinances for the peace, welfare, and good 
 " government of the said Province, with the consent 
 " of His Majesty's Qovernor.^^ 
 
 This power of the Council was further restricted 
 by certain important limitations, specified in clauses 
 lx^f 14, 15, 16, and 17, of the said Act ; however, in 
 the year 1791, a new Act was passed, commonly 
 called the Constitutional Act, because it settled the 
 constitution of the Canadas, which were then divided 
 into the Upper and Lower Provinces. 
 
 a 
 
 it 
 
^1 
 
 li' 
 
 ■'(i > 
 
 
 J 
 
 16 
 
 By this Act, the Military domination of tlic 
 General and his Council was changed for a new and 
 better system ; and as evidently both could not exist 
 together, the very first clause in the Act declared—^ 
 " That so much of the late Act (1 4th Geo. 3rd) " as 
 " in any manner relates to the appointment of a 
 "Council for the affairs of the said Province of Que* 
 " bee, or to the power given by the said Act to the 
 " said Council, or to the major part of them, to make 
 '* ordinances for the peace, welfare, and good govern- 
 " ment of the said Province, with the consent of His 
 " Majesty's Governor, Lieutenant Governor, or Com- 
 " mander-in-Chief for the time being, shall be, and 
 " the same is repealed." 
 
 The Act then proceeds to state, "That there 
 " shall be within each of the said Provinces respec- 
 " tively, a Legislative Council and an Assembly," the 
 duties and privileges of which are minutely declared 
 in thirty-three consecutive clauses ; but in no part of the 
 said Act is an Executive Council directly or indirectly 
 created ; nevertheless, a vestage of the ancient one 
 is, for the purpose of a Court of Appeal, (vide clause 
 34) recognised, with an expression which seemed to 
 intimate, that an efficient Executive Council would 
 very shortly be created. 
 
 For instance, in section 38, the Governor is by 
 authority of His Majesty's Government, and with the 
 advice of the Executive Council, " empowered to 
 " erect Parsonages and Rectories," but in section 3^ 
 no mention whatever is made of the Executive Coun- 
 cil, but on the contrary, it is declared, that the 
 Governor, or Lieutenant Governor, or person ad- 
 
 
 lii. 
 
 ^'7^A^?^'S^1^;3^^ 
 
1 
 
 
 the 
 ad- 
 
 ministering the Government, should present the in- 
 cumbent " to every such Parsonage or Rectory." 
 
 In the fifty clauses of the Act in question, the 
 Executive Council, which in section 34 is merely de- 
 scribed as " such Executive Council as shall he ap- 
 " pointed by His Majesty," is scarcely mentioned, and 
 as regards even its existence, the most liberal construc- 
 tion which can possibly be put upon the said Act, only 
 amounts to this — That as an Executive Council was 
 evidently intended to exist, the remnant of the old one 
 ought not to be deemed totally extinct until its suc- 
 cessor was appointed. 
 
 However, this latent intention of His Majesty to 
 create a Council for each of the Provinces of His Ca- 
 nadian dominions, was soon clearly divulged in a most 
 important document, commonly called " the King's 
 Instructions,'^ in which an Executive Council was 
 regularly constituted and declared as follows : — 
 
 " Whereas we have thought fit that there should 
 " be an Executive Council for assisting you, or the 
 ** Lieutenant Governor, or Person Adminisiering the 
 ** Government of the said Province of Upper Canada 
 " for the time being, we do by these presents nomi- 
 " nate and appoint the undermentioned persons to be 
 " of the Executive Council of our said Province of 
 " Upper Canada," &c. &c. &c. 
 
 In subsequent clauses it was equally precisely 
 defined upon what affairs of the Province the Lieu- 
 tenant Governor was to act, " with the advice of the 
 *' Executive Council,^' but with the view distinctly to 
 c 
 
18 
 
 prevent the new Council being what the old one had 
 been (which indeed under the new Constitution was 
 utterly impossible,) in short, to set that question 
 at rest for ever, it was declared in section 8, " that to 
 " the end that our said Executive Council may be 
 " assisting to you in all affairs relating to our service, 
 ** you are to communicate to them such and so many 
 " of our instructions wherein their advice is mentioned 
 ** to be requisite, and likewise all such others from 
 " time to time as you shall find convement for our 
 " service to be imparted to them." 
 
 « 
 
 If 
 
 E 'l! 
 
 IH 
 
 The Lieutenant Governor having now transmit- 
 ted to the Executive Council his opinion of their 
 duties, in contradistinction to that contained in their 
 communication to him of yesterday's date, will not ex- 
 press the feelings of regret with which, under a heavy 
 pressure of business, he unexpectedly received a 
 document of so unusual a nature, from Gentlemen 
 upon whom he had only recently placed his implicit 
 and unqualified reliance. 
 
 • But he feels it incumbent upon him frankly and 
 explicitly to state, that to the opinions they have ex- 
 pressed, he can never subscribe — on the contrary, 
 that so long as he shall continue to be Lieutenant 
 Governor of this Province, he will never allow his 
 Executive Council officially to assume that heavy res- 
 ponsibility which he owes to his Sovereign, as well as 
 lo the people of this Province, to Avhom he has 
 solemnly pledged himself *' to maintain the happtj 
 
 •^^^^^^^- 
 
19 
 
 d one had 
 ution was 
 question 
 , " that to 
 il may be 
 ir service, 
 1 so many 
 mentioned 
 hers from 
 \T for our 
 
 transmit- 
 of their 
 d in their 
 ill not ex- 
 M* a heavy 
 2ceived a 
 Gentlemen 
 is implicit 
 
 inkly and 
 have ex- 
 contrary, 
 ieutenant 
 allow his 
 leavy res- 
 is well as 
 1 ho lias 
 fe /lapj})/ 
 
 " Constitution of this cauntry inviolate, hut cautiously, 
 " yet effectually to correct all real grievances." 
 
 The Lieutenant Governor maintains that the 
 responsibility to the people (who are already repre- 
 sented by their Hou^e of Assembly,) which the Coun- 
 cil assume, is unconstitutional, — that it is the duty of 
 the Council to serve him, not them; and that if upon 
 so vital a principle they persist in a contrary opinion, 
 he foresees embarassments of a most serious nature — 
 for as power and responsibility must, in common jus- 
 tice, be inseparably connected with each other, it is 
 evident to the Lieutenant Governor, that if the Coun- 
 cil were once to be permitted to assume the latter, 
 they would immediately, as their right, demand the 
 former; in which case, if the interests of the people 
 should be neglected, to whom could they look for 
 redress I F^or in the confusion between the Governor, 
 and an oligarchy composed of a few dominant fami- 
 lies, shielded by secrecy, would not all tangible res- 
 ponsibility have vanished I 
 
 The Council cannot have forgotten, that previous 
 to their first meeting in the Council Chamber, which 
 happened only a few weeks ago, the Lieutenant Gov- 
 ernor had assured them in a note, (which was even 
 publicly read in the House of Assembly,) that although 
 he had no prelimenary conditions to accede to, or to 
 require, it was his intention to treat them with impli- 
 cit confidence ; and the Council must also remember 
 how willingly they approved of the very first sugges- 
 tion he made to them, namely, that no important busi- 
 ness should be commenced in Council, until they as 
 
\t. 
 
 20 
 
 well as the Lieutenant Governor himse'^, had become 
 mutually acquainted with their respective duties. 
 
 The Lieutenant Governor assures the Council, 
 that his estimation of their talents and integrity, as 
 well as his personal regard for them, remain un- 
 shaken, and that he is not insensible of the difficulties 
 to which he will be exposed, should they deem it 
 necessary to leave him. At the same time, should 
 they be of opinion that the oath they have taken 
 requires them to retire from his confidence, rather 
 than from the principles they have avowed, he begs, 
 that on his account, they will not for a moment hesi- 
 tate to do so. 
 
 Government House, > 
 
 Toronto, March 5th, 1836. I 
 
 
 
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