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 HIS BtAJESTY'S SECRETARY OF STATE FOR THE COLOllIlS, 
 
 TO 
 
 His ExeoUency Sir Franels Bopicl Heaiy 
 
 LIEUTENANT GOVERNdft OF VPTER CANADA^ 
 
 ( 
 
 CONTAINING HIS MAJESTY'S ANSWER 
 
 to tbH- 
 iBPARATB ADDRESSES AND IffiPBESlNTATIONS 
 
 
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 ■*..■>■■•■' i,*hJ 
 
 INSTRUCTIONS TO THE UEUTENANt (SOVERNOR. 
 
 oomtoncATiD m xm bovm ot amsmblt by mbmaob or tbb SOtb jawabTi IIH. 
 
 Alw,-LORD GODERICH'S despatch, or 8th Not., 188t. 
 
 %/ 
 
 nillTRD Br «AMM MACrARtARBt SIIIMTOII. 
 
 1836. 
 
 
 • '' ' \ 
 
vO 
 
 .■\ '^ 
 
 
 at:. 
 
 
 F. B. HE/ 
 
 Assembly, t 
 Houses of tl 
 
 The Lieu 
 municate " I 
 P;ovincial I 
 to them to r 
 
 Oovemm 
 SOth Jc 
 
 COPY. 
 
 Sir, 
 
 I have 
 His Majestj 
 the Provinc 
 You have 
 nnd importa 
 that part of 
 your discrel 
 be weakene 
 you. 
 
 In the fol 
 
 many occur 
 
 the discharj 
 
 necessary f< 
 
 tance with 4 
 
 administrati 
 
 refer you tc 
 
 most safely 
 
 nals of the I 
 
 The Appen 
 
 of the two 
 
 pic connect 
 
 and to thosi 
 
 ^ence than 
 
 the Commit 
 
 evidence, c 
 
 much light 
 
 ed in the I 
 
 and myself 
 
 Provincial 
 
 In Uppei 
 
DESPATCH. 
 
 F. B. HEAD. 
 
 The Lieutenant Governor transmits to the House of 
 Assembly, the communication alluded to in His Speech to the two 
 Houses of the Legislature, on the 27th inst. 
 
 The Lieutenant Governor was commanded by His Majesty, to com- 
 municate " the substance" of his Instructions, to both Houses of the 
 P;ovincial Parliament; but considering it would be more satisfactory 
 to them to receive the whole, he accoraingly transmits it herewith. 
 
 OovemmerU Houae^ ) 
 SOth January^ 1836. ) 
 
 COPY, 
 
 Sir, 
 
 Downing Street ^ \5th Dewtmbefy 1S35. 
 
 I have the honor herewith to transmit to you, a Commission under 
 His Majesty's Sign Manual, appointing you Lieutenant Governor of 
 the Province of Upper Canada. 
 
 You have been selected for this office at an era of more difficulty 
 nnd importance than any which has hitherto occurred in the history of 
 that part of his Majesty's dominions. The expression of confidence in 
 your discretion and ability which the choice itself implies would only 
 be weakened by any more formal assurance which I could convey to 
 you. 
 
 In the following instructions I shall pre-suppose your knowledge of 
 many occurrences, the correct understanding of which, is essential to 
 the discharge of the duties to which you are called, but which it is un- 
 necessary for me to recapitulate. As, however, a more exact acquain- 
 tance with Canadian affairs is indispensable for your guidance in the 
 administration of the Government of Upper Canada, I think it right to 
 refer you to those sources of information on which you will be able 
 most safety to rely. Amongst these, the first place is due to the Jour- 
 nals of the Legislative Council, and of the House of General Assembly. 
 The Appendices subjoined to the annual summary of the proceedings 
 of the two Houses, contain a fund of information on almost every to- 
 pic connected with the statistics and political interest of the Province : 
 and to those Reports you will be able to resort with far greater confi- 
 dence than to any other source of similar intelligence. The Report of 
 the Committee of the House of Commons of the year 1828, with the 
 evidence, oral and documentary, to which it refers, will also throw 
 much light on the progress and the actual state of the questions agitat- 
 ed in the Upper Province. The correspondence of my predecessors 
 and myself, with the officers who have successively administered th« 
 Provincial Government, will of course engage your careful attentioik 
 
 In Upper Canada, as in all other countries which enjoy the blessing 
 
 |V| 
 
 -ff 
 
 ■■' u 
 
 ?{ 
 
of a free Constitution, and of a Legislature composed in part of the re- 
 presentatives of the people, the discussion of public grievances, whe> 
 ther real or supposed has always been conducted with an earnestness 
 and freedom of enquiry of which, even when occasionally carried to 
 exaggeration, no reasonable complaint can be made. The representa- 
 tives of the Canadian people, if departing at times from the measured 
 style and exact terms in which the investigation of (ruth may perhaps 
 be most sueeessfuUy conducted, have yet, even in the. agitation of ques- 
 tions thc| most deeply affecting the interests of their constituents, ex- 
 hibited a studious respect for the person and authority of their Sove- 
 reign, and a zealous attachment to the principles of their balanced con- 
 stitution. Until the last session of the Provincial Parliament, the re- 
 monstrances of the House were chiefly confined to insulated topics of 
 complaint; discussions, indeed, occasionally arose, and discontent was 
 occasionally manifested : but it may be affirmed that, generally, there 
 subsisted a spirit of amicable co-operation between the Executive Go- 
 vernment and the Legislature. 
 
 The cession by His Majesty of the revenues raised under the statute 
 14 Geo. 3rd, cap. 88, to the appropriation of the House of Assembly, 
 was a gratuitous and unsolicited act, and was accepted by that body in 
 a spirit of grateful cordiality. 
 
 I will not pause to recapitulate the events which immediately preced- 
 ed, if they did not produce the interruption of tliis mutual good under- 
 standing. It is sufficient for my present object to observe that the re- 
 lations which had formerly subsisted between the Executive Govern- 
 ment and the Representatives of the people underwent an entire 
 change, immediately after the elections which took place in the autumn 
 of 1834. The supporters of the local government now for the first 
 time found themselves in a constant minority on every question con- 
 troverted between them and their political antagonists. A committee 
 of grievances was appointed, by which a report was made impugning 
 the administration of affairs in every department of the public service, 
 and calling for remedial measures of such magnitude and variety as ap- 
 parently to embrace every conceivable topic of complaint. Having 
 adopted this report, and having directed its publication, in an unusual 
 form, the House transmitted through the Lieutenant Governor to the 
 King, an address, in which some of the more considerable of the claims 
 of the committee were urged in terfns of no common emphasis. It will 
 be your first duty, o^ the assumption of the Government to convey to 
 the House the answer which His Majesty has been advised to return 
 to these representations. 
 
 1 cannot proceed to explain the terms of that answer without the 
 preliminary remark with a view to which the preceding statement has 
 been chiefly made. Whatever may be the justness of the complaints 
 now preferred respecting the general principles on which the public 
 affairs of the Province have been conducted, the representatives of the 
 people of Upper Canada are at least not entitled to impute to the con- 
 fidential advisers of the King any disregard of their remonstrances. — 
 
af the re- 
 :e9, whe- 
 nestness 
 arried to 
 presenta- 
 neasured 
 perhaps 
 1 ofques- 
 lents, ex> 
 eir Sove- 
 nced con- 
 t, the re- 
 topics of 
 ntent was 
 Uy, there 
 utive Go- 
 
 le statute 
 Usembly, 
 It body in 
 
 y preced- 
 od under- 
 lat the re- 
 j Govern- 
 an entire 
 be autumn 
 r the first 
 istion con> 
 committee 
 impugning 
 ic service, 
 iety as ap- 
 Having 
 in unusual 
 nor to the 
 the claims 
 s. It will 
 convey to 
 1 to return 
 
 without the 
 :ement has 
 complaints 
 the public 
 ivesof the 
 to the con- 
 trances. — 
 
 qjf, NpvQmber,' 1832, to Sir John ColboVne, wu coininanded by t^ 
 ^ng^tp state that ** there was pp class of the G«iia^p people, ivpr aiiy 
 ^dividugl amongst them, tp whPiP petitions llw KlajestT did not iV- 
 qviretbat t^ie roost exact «nd respeptful attentipp. shpuld^ b9 giyep.^ 
 His Majesty has never ceased to be actuated by the spirK' which dif»- 
 ^ip(| those instructions, and of coqrse will not deny tp tfie ^ouse of 
 uiqneiral Assembly that careful investigation of the grounds of th^iir 
 cproplaints which he graciously pledged himself tp bestow on the rtf* 
 nresentation of any individual petitioner. I feel myself, therefore, ei^ 
 ^tled, on beliaif of Hi^ Majesty's Government, to object tp any resoril 
 pn the part of the House to that ulterior measure to which they alludp, 
 1]f^t which they will feel with roe is to be justified only by an extrem^ 
 emergency. 
 
 I now proceed to the consideration of the various topics embraced 
 fn the seventh report of the Committee of Grievances, and in the a^ 
 dresses of the two Houses to His Majesty. And I shall advert tp 
 Uiein in the order in which they are pursued in the report itself. 
 
 In the following pages if any subject should appear to be passed oyer 
 li^Uhout due regard, you well understand that I have, at least, been 
 guilty of no intentional omission, but have, in obedience to (lis Majeat- 
 iy's commands, made it my endeavour to meet every question whicb 
 the Committee and the House have thought it necessary and proper 
 tp raifie. 
 
 1st. It is Ftated that " the almost unlimited extent of the patronage of 
 tho Crown, or rather of the Colonial Minister for the time being, and 
 bis advisers here, together with the abuse of that patronage, are the 
 <^hief sources of colonial discontent. Such (it is added) is the patroiv 
 ^ge of the colonial otHce that the granting or withhplding of supplies 
 is of no political importance unless as an indication of the opinion of 
 the country concerning the character of the government, which is coi>- 
 ducted on a system that admits its officers to take and apply the funds 
 pf the colonists without any legislative vote whatever.*' The commit- 
 tee then proceed to an enumeration of the vaiious public offices, and 
 the different departments and branches of the public service, over 
 which this patronage is said to exte/id ; and by bringing the whole in- 
 to one view, they suggest what must be the amount of the authority 
 find influence accruing to the Executive Government from these 
 l^purces. 
 
 The statement is substantially this — that the number of public officep 
 (p tl^e colony is too great; and that the patronage, instead of beih|( 
 Tested, as at present, in the crowji, and the local representative of the 
 Srpw.n, should be transferred to other hands. 
 
 In the long enumeration of plapes at the disposal of the ExecutlT'ii 
 p.pvernmqnt in Upper Canada the committee have nqt adverted to 
 9^# cpn^ideratipn to ^hich I thinff; that great prominence might just^ 
 
 ? . ■ ..^ b2 ■■''•• 
 
 i/\ 
 
*• 
 
 * '» 
 
 W.tMigned; U^ peKectljr t^e, as ft is qtiUd fn^viUbfe, that fn Vit 
 ^ Canada, as ih other new countriei, tlt^ number of public tfiuploy- 
 inenti if, and Wilt be, ifar larger in proportion than in^ older ond inor^ 
 densely peopled states. The general machinery of government inuat 
 be the same in ia iuanty as in a larse and redundai\t population-r— cor- 
 responding 4epiirtments of the public service, whether legisUtive, ju- 
 dicial, or administrative, must exist in both. And in a new country, 
 1>esides, there will be some establishments for which in the settled 
 states of Europe, no counterpart can be found. Such, for example, 
 are alt which relate to the allocation, surveying, and granting of wild 
 lands. Nor is it to be forgoUen, that fn the early s:Qges of such a so- 
 ciety, many duties devolve upon the government, which, at a more ad- 
 rauced peiiod, are undertaken by the better educated and wealthier 
 dasses, as an. honorable occupation of their leisure time. Thus in the 
 Canadas, although (he mere text of the law would there as in Endand, 
 authorise any man to prefer and prosecute an indictment in His Majes- 
 ty*s name, yet virtually and in substance the prosecution of all offences 
 is confided to the government or its officers. These causes have inev- 
 itably tended to swell the amount of the patronage of the provincial 
 government, without supposing any peculiar avidity on their part for 
 lie exercise of such power* 
 
 With respect to the patronage of the requisite officers. His Majes- 
 ty's Government are not solicitous to retain more on their own hands, 
 or in those of the Governor, than is necessary for the general welfare 
 of the people and the right conduct of public affairs, f confess myself, 
 however unable to perceive to, whom the choice .apnonest candidates 
 for public employment could with equalsafety be confided. It requires 
 but little foresight or experience to discover that such 'patronage if ex- 
 ercised in any form of popular election, or if committed to any popular 
 body, would be li.tble to be employed for purposes far less defensible, 
 and in a manner less conducive to the general good, chosen by irres- 
 ponsible patrons, the public officers would theii.selves be virtually ex- 
 empt from responsibility, and all the discipline and subordination which 
 should connect together in one unbroken chain the King and His Re- 
 presentative in the Province down to the lowest functionary to whom 
 any pot tion of the powers of the State may be confided, would be im- 
 mediately broken. 
 
 I conclude, therefore, that as in such a conntry as Canada, ther« 
 must exist a number of public officers, large in proportion to the pre- ^ 
 sent number and wealth of the inhabitants, so the selection of them 
 must for the most part be entrusted to the head of the local govern- 
 ment. 
 
 I disclaim, however, on the part of the Ministers of the Crown eve- 
 ry wish to urge these general principles beyond their just and neces- 
 ■ary limits. There are cases in which I think according to the analo< 
 gy of similar cases in this country, the patronage now said to be exer- 
 cised by the Lieutenant Governor might with perfect safety and pro- 
 priety, be transferred to others. On this subject, however, it will be 
 
eiuploy- 
 nd mora 
 int inuat 
 ►n— cor- 
 tive, JU' 
 country, 
 settled 
 xample, 
 of wild 
 ich a so> 
 note ad- 
 ealthier 
 js in the 
 !)ndand, 
 ) Majes- 
 offencet 
 ve inev- 
 ovincial 
 part for < 
 
 9 Majes- 
 n bands» 
 welfare 
 » myself, 
 ndidates 
 requires 
 ige if ex- 
 popular 
 fensible, 
 by irres> 
 laliy ex- 
 >n which 
 His Re- 
 to whom 
 d be im- 
 
 a, there 
 the pre- ^ 
 of them 
 govem- 
 
 (wn eve- 
 d neces- 
 le analo" 
 be exer- 
 and pro- 
 t will be 
 
 nore convenient to gtnte the general principle than to attempt the spik- 
 «ifie and detailed application of it at this distance from the scene of 
 action. 
 
 Thai principle ih to maintain entire^ by the nomination and reraoTd 
 of pulilic officers, that system of subordination which should connect 
 the head of the government with every person through whose instrO" 
 mentality he is to exercise the various delegated prerogatives of the 
 Crown. 
 
 What is pecessary for this end must be retained. — Whatever p^ 
 (ronage is unnecessary for the maintenance of this principle should be 
 frankly and at once abandoned. 
 
 It fs noticed in the report as an aggravation of the evils of the go^ 
 emment patronage that almost every public officer holds his place at 
 the pleasure of the Crown. I cannot disguise my opinion, that the 
 public good would be little advanced if the subordinate functionariet 
 neld their places upon a more certain tenure. In practice indeed, 
 though subject to certain exceptions to be hereafter noticed, no publie 
 officer is in danger of losing his employment except for misconduct 
 or incompetency. But there aie many kinds of misconduct and in- 
 competency which could never be made the subject of judicial invecK 
 ligation but which yet would be destructive of the usefulness of a pul^ 
 lie officer, and ought therefore to be followed by a dismissal from the 
 public service. Nor is it necessary to insist at any length on the evils, 
 which would arise in the transaction of business if the subordinate offi- 
 cers were aware, that thev were entirely independent of the good 
 opihf&n of tlieir superiors for continuance in their employments. 
 
 It is not difficult to show in reference to any conceivable arrange- 
 ment on the subject of patronage, that there will be dangers against 
 which it is impossible to take an absolute and perfect security. I 
 know not, however, that any less exceptionable scheme could be de- 
 vised than that which at present prevails, of giving to the head of the 
 local government the choice of the subordinate officers, and of. making 
 their places diependent on His Majesty's pleasure. To prevent, how- 
 ever, as far as may be possible^ the continuance' of any well founded 
 ground of comptaint on this head, His Majesty disclaiming for himself 
 and for his representative in the Province all desiro'to exercise with 
 the view merely to patronage, the power of appointing public officers, 
 is pleased to prescribe for your guidance the following rules : 
 
 First. — You will at the earliest opportunity enter into a diligent re- 
 Tiew of the offices in the appointment of the Croun and of the local 
 government, as detailed in the report of the Committee, and the ap- 
 jpendix, with a view to ascertain to what extent they may without in^ 
 pairing the efficiency of the public service, be reduced immediatelr 
 and prospectively. You will report to me the result of your invests 
 nation, with such particular Tnformation as will enable His Majesty V 
 Ciovernment to decide in each case on the expediency of adopting 
 jour recommendation. 
 
 Secondly. — If during the reference of that report to me, any occaaioB 
 
 K 
 
 i«5 
 
 
/ 
 
 / 
 
 mfiut for the rediicUoa of ofiic«s eithor by abolition or by consQjid|t( 
 Jpon, you will o^oroise you|- own diseretioo m to waiting for frosh ii^ 
 itniotions, or proceeding at once to the reduction. Any appoinjioMpil, 
 tiowevdr, made under such circunistancesi will be merely provisionaC 
 yx case of the immediate i^bolition of any office not required for Iht 
 ^cient d^charge of the public service, you will stipulate for such » 
 fompensation to the present holders, aa the disappointment of thoii 
 reasonable expectations mapr entitle them to receive. 
 
 Tkbrdljf. — In the prescribed revision of these offices you will mak> 
 Kl one of your objects to form a judgment what share of the patrofiam 
 of the Crown or the Local Government may safely and wisely be 
 frsnsferred to other hands. You will report to me on this subject, but 
 refrain from taking any steps regarding it without further instructiops 
 scqm nfte. 
 
 fourthly. — In the selection of persons to execute public tm^tf yon 
 f|Pill be guided exclusively by the comparison of the claims, which the 
 4|ifforent candidates may derive from past services or from personst 
 :5|^ali(ications. 
 
 FifihlU' — ^^ general you will not select for any publie employment 
 In Upper CanaJaany person who i$ not either aviative or a settled in- 
 habitant of the Province. To this general rule occasional exceptions 
 IDfiy be admitted ; as in cases where some peculiar art or science is d^ 
 apanded, which no provincial candidate may be found to possess in i^ 
 ' requisite degree. An exception must also be made in reference to 
 those officers, who are immediately attached to your own person ; in 
 the choice of whom His Majesty does not think it right to subject you 
 to any such restriction, 
 
 Sixthly. — Aa often as any office shall be vacant, which is not to ^ 
 suppressed, and of which the annual emolument shall exceed tvrp 
 hundred pounds, you will make the appointment provisional only, arid 
 ipith the distinct intimation to the party elected, that bis confirmation 
 will depend entirely on the estimate which His Majesty may form of 
 bis pretensions ; and you will on every such occasion signify to n^ 
 for J^is Majesty's information, the grounds on which you have pro> 
 eeeded, and the motives which have directed your choice. If His 
 lil^jesty should be pleased to issue under hjs sign manual a warrant 
 fUthorising you to make a grai)t of the office under the public seal of 
 the Province, then and not till then, the appointment must be consi^ 
 $fQd as finally ratified. 
 
 t trust, that in these regulations, the House of Assembly wil] pef> 
 
 «ei?«. a sufficient proof of H,i^ .Majesty's settled purpose to exercise 
 
 l^is Branch of His Prerogative for no other end, than the general good 
 
 m His Canadian subjects, and to prev.ent its being converted i^i§^9n. 
 
 ,^tr;Ume;nt of pfopoting any narrow, exclusive or p;irty dpsignp, ' '^' 
 
 ..■ -94' Pursuing tl^e order ohs^eryed by the CopHnittee,' pss op fe 
 
 ^H^ subject of the Proyinoiar^ost 0$ce- Adverting to the mea9ur^s 
 
 'frhicn have already been taken for the redress of the grieyanQei; HfrHltrb 
 
 ^Ijlve^h^D alleged V>^^9t in th.e x^onduet o^ th,i9 departmepit, thi^ ^^om^ 
 
9 
 
 9vi8ionaL 
 or such ft 
 
 will mm 
 patrofiam 
 mt\j M 
 ibjeot, but 
 atruetiopt 
 
 ro^tf yon 
 w^iioh the 
 I persooul 
 
 iploymeol 
 settle^ iiv* 
 ixceptioDi 
 ence is d^ 
 iess in i|^ 
 ference tO 
 )er8on; in 
 ubjectyott 
 
 3 not to Ills 
 [ceed tHTO 
 I only, and 
 mfirroation 
 ay form of 
 nify to n^ 
 have pro- 
 
 f. If «!• 
 
 a vy^rr^nt 
 
 )\\c seal of 
 
 be consid- 
 
 Y will pe> 
 > exercisft 
 neralgood 
 ed iptp9n 
 ign?. 
 
 ^ass op fe 
 mea9urf>f 
 
 till? Poii- 
 
 niiltee ob>)crve, that ** (he foriii of a law such us (he Govcrnineiit would 
 approve la before (he Houses, bu( i(A provinioni ((he^ ad*!) aiu xo in- 
 applii'HbIc and absurd, (hat no benefit could be derived iVoni (heir en- 
 actnien(." 
 
 On the measure thus characteiized I am not called (o give an opin- 
 ion. It is, however, but fair (o (hose by whom i( whs icconitix'nded 
 to (he adop.(ii>n of (^le local l<>Ki^lu(ure, (o observe (hu( i( had | revious- 
 ly undergone a mos( careful inves(iga(ion by (he P<>9( ^!a^(l'r (iienural. 
 His Majes(y*8 governmen( cannot have (he sligh(est wish (o uige the 
 adop(ion of auy measure (o which well founded and Mitl'uien( o1>jec- 
 tions may exi-^l ; (hey are con(<<ri( that (he bill in (|ue»>(ioi) ^hould be 
 wi(hdrawn to make way for any other \ihicli (he A^sl'nlllly nmy he dis- 
 . posed (o 8ubsli(u(e for it. Perhaps, however, on apprDuchiiii; the 
 question more closely, (he A8sembly may find it encumbered with un- 
 expected difficuKies. 1 fear that (bis uill be (he case, espi cially in 
 reference (o (he in(ercourye by post with all places beyond ilie limits 
 of the Province itself. You will, however, as.«en( (oany judicious and 
 practicable scheme which (he House may incorpora(e in any hill tend- 
 ered for your accep(ance; regarding as of no weigh( whatever, when 
 opposed to the geneial convenience of (he public, any cun>idernlion8 
 of padonnge or of revenue derivable from (his source. 
 
 3d. Under (he head of salaries and fees (he commi((ee have entered 
 into very copious s(a(ements («» shew (ha( (he emoluments of the pub- 
 lic officers in Upper Canada are excessive, and ou( of all just pro- 
 portion (o (he value of (he services rendered. It is nnnece.-'f'firy for 
 me to enter into these details, because as to (he general principles on 
 which it will be your duty to act on qnes(ions of (his nature, (hete can 
 be no room for con(roversy ; indeed (hose principles will, I think, be 
 most conveniendy considered when divested of (opics cunnrc(ed with 
 the in(eres(s and (he services of particular persons. 
 
 There is no measure of retrenchment compa(ible with the jns( claims 
 of His Majesty's various officers, and with (he efficient di>=eharge of 
 the public service ami duty, to which the King is not disposed lo give 
 a prompt and cheerful assent. To determine what ought to be the 
 scale of remuneration (o public functionaries of differen( classes would 
 require information (oo nu'nu(e and exnc( (o be obtained beyond the 
 limits of the province itself. This would appear a very fit subject for 
 a special enquiry, in which it might be proper to employ comntission- 
 ers, to be oppointed under the au(huri(y of an act of (he Asseinhly. — 
 I have reason to suppose that (he subjec( has never yet underjsone a 
 full and ftnr investigadon, and (herefore I do no( feel myself entided 
 to assume the non-existence of (hose abuses which so readily grow up 
 under a, system which is not subjected 'o a careful scrutiny, conducted 
 upon permanent and enlightened views of public economy. K ven if 
 the result of the examination should be only (o shew (hat (here is no 
 evil of this nature to bo remedied, the labour would be amply repaid, 
 by placing so important a fact beyond the reach of all reasonable/ sus- 
 picion. 
 
 
 nM 
 
 H 
 
 :V] 
 
 
 ' r] 
 
 /I, 
 
10 . ' 
 
 In dealing with existing interests the local legislature will, I doubt 
 not, be well disposed to adopt the rules u-hir>h have been uniformly 
 taken by Parliament for (he guidance of their discretion in similar cas- 
 es. The saving of public money which could arise from the unex-, 
 pected reduction of official incomes would not only subject numerous 
 families to extreme distress, but, by impairing general confidence in the 
 public credit, would weaken the foundations on which all proprietary 
 right must ultimately repose. 
 
 The fCing confidently relies on his faithful subjects of Upper Cana- 
 da that they will net reduce His Majesty to the distressing alternative 
 of either abandoning the just interests of any of his servants, or oppos- 
 ing himself to measures having for their object the reduction of public 
 expenditure. 
 
 4th. Next in the order of complaints is that which relates to the 
 nmou'tit of the Pension Liat. On this, as on the subject which I have 
 last noticed, I conceive that I shall better discharge my duty by at- 
 tempting to provide against any future abuse than by engaging in a 
 minute retrospect of any which may have already occurred. 1 will 
 not even pause on the comparison-, not perhaps very accurately or ne- 
 cessarily instituted, between the conduct of the central government of 
 the I'nited States of America, and that which has been pursued in one 
 of the Provinces of the British empire, respecting the remuners^tion of 
 officers for past service. Such pensions as have already been charged 
 upon the revenues which were at the disposal of the crown, constitute 
 a debt to the payment of which His Majesty's honor is pledged, nor 
 need I state that there is no consideration so powerful as to induce the 
 King to assent to the violation of any engagement lawfully and advis- 
 edly entered into by himself or by any of his royal predecessors. 
 
 On the other hand His Majesty is content that the most effectual 
 security should be taken against any improvident increase of the pen- 
 sion list by any future grants, and is willing that a limit should be fixed 
 by law to any charge which may hereafter be imposed upon the pro- 
 vincial revenues on this account. 
 
 I do not anticrpate that the Assembly of Upper Canada would wish 
 to withhold from the King the means of rewarding faithful and zealous 
 public services, or would think it desirable that no provision should 
 ever be made by His Majesty to solace the declining years of those 
 who have consumed in laborious public duties in the colony the larger 
 portion of thoir lives. 
 
 You will therefore assent to any law which may be tendered for your 
 acceptance of v.hich the object shall be to regulate, on a just and rea- 
 sonable scale, the amount of the future pension list of Upper Canada, 
 «iind to prescribe the principles upon which any pensions shall be granted. 
 
 5th. I proceed to the subject of the provision made for ecclesiastical 
 establishments and for the maintenance of the teachers of religion of 
 various denominations. 
 
 On this head the House of Assembly maintain opinions from which 
 in their address to His Majesty of the 13th April, the Legislative 
 
 '■.^ 
 
will, I doubt 
 in uniformlj 
 
 similar cas- 
 m the unex-, 
 ct numerous 
 dence in the 
 
 proprietary 
 
 Jpper Cana- 
 ; alternative 
 ts, or oppos- 
 on of public 
 
 lates to the 
 hich I have 
 duty by at- 
 gagingin a 
 red. I will 
 ately or ne- 
 /ernment of 
 sued in one 
 merMion of 
 sen charged 
 I, constitute 
 ledged, nor 
 ) induce the 
 ' and advis- 
 essors. 
 >st effectual 
 of the pen- 
 iild be fixed 
 on the pro- 
 would wish 
 ind zealous 
 ion should 
 rs of those 
 ' the larger 
 
 ed for your 
 ist and rea- 
 ler Canada, 
 be granted, 
 iclesiastical 
 religion of 
 
 rom which 
 Legislative 
 
 U 
 
 Council have recorded their most entire and earnest dissent. The re- 
 port states that ** the House of Assembly in several successive parlia- 
 ments has expressed its entire disapprobation of the government in 
 attempting to uphold particular religious sects by money grants, and 
 in the 10th and 1 1th parliaments has declared that it recognizes no 
 particular denomination as established in Upper Canada, with exclu- 
 sive claims, powero, or privileges." 
 
 It appears that the four religious communities whose funds are aided 
 by grants from the hereditary and territorial revenue are, those of the 
 churches of England, and Scotland, and Rome, and of the Wesleyan 
 Methodist Society ; the last being in two divisions, which respectively 
 take the distinct appellation of the " Canadian" and " the British." 
 
 In the last session of the provincial parliament a bill was passed by 
 the Assembly, the object of which was to enable certain commission- 
 ers tu sell the lands which, under the constitutional actof 1791, had 
 been appropriated in Upper Canada to the maintenance of a protestant 
 clergy, and to pay over the proceeds to the Receiver General, to be 
 disposed of under the future direction of the legislature, for the pro- 
 motion of education, and for no other purpose whatever. 
 
 This bill was rejected by the Legislative Council on the grounds 
 noticed in the address from that body to His Majesty, and in a report 
 from a select committee appointed by them to take the bill into consid- 
 eration, which report is inclosed in Sir John Colborne's despatch of 
 the 20th May, No. 20. 
 
 Your predecessor and the council agree in the opinion, that it ig 
 vain to expect the concurrence of the two branches of the local legis- 
 lature in any adjustment of this question, and they therefore invoke 
 the interposition of parliament ; which interposition the Assembly on 
 the other hand, deprecate with equal earnestness. 
 
 The chief practical question then, which at present damands con- 
 sideration, is whether His Majesty should be advised to recommend 
 to parliament the assumption to itself of the office of deciding on the 
 future appropriation of these lands. There are two distinct reasons, 
 both of which appear to me conclusively to forbid that course of pro- 
 ceeding. 
 
 First. — Parliamentary legislation on any subject of exclusively In- 
 ternal concern, in any British colony possessing a representative as- 
 sembly, is, as a general rule, unconstitutional. 
 
 It is a right of which the exercise is reserved for extreme cases, in 
 •which necessity at once creates and justifies the exception. But im- 
 portjint as is the question of the Clergy Reserves in Upper Canada, 
 yet I cannot find in the actual state of the question any such exigency 
 as would vindicate the Imperial Legislature in transferring to them- 
 selves Ihe settlement of this controversy. The conflict of opinion be- 
 tween the two Houses upon this subject, much as it is to be lamented, 
 yet involves no urgent danger to the peace of society, and presents 
 no insuperable impediment to the ordinary administration of public 
 affairs ; although a great evil, it is not such as to exclude every hops 
 
 f '/ 
 
 
 W 
 
12 
 
 I 
 
 ■•■ 
 
 of roitigali n by the natural progress of discussion, and by the influ- 
 ence ot that spirit which, in public affiiirs, not seldom suggests to par- 
 ties, alike solicitous for the general good, some mutual surrender of 
 extreme views and some compromise on either side of diiference, 
 which at first sight might have appeared irreconcilable. 
 
 Until every prospect of adjusting this dispute within the Province 
 itself shall have been distinctly exhausted, the time for the interposi- 
 tion of Parliament will not have arrived, unless, indeed, both Houses 
 sbair concur in soliciting that intci position ; in which event, there 
 would of course, be an end to the constitutional objections alieady 
 noticed. 
 
 The second ground on which I think myself bound to abstain from 
 advising His Majesty from referring this question immediately to Par- 
 liament, is that the authors of the Constitutional Act, have declared 
 this to be one of those subjects, in regard to which the initiiiti\'e is 
 expressly reserved and recognized as falling within the peculiar pro- 
 vince and the special cognizance of the local Legislature, although its 
 ultimate completion is no less distinctly made to depi>nd, in addition 
 to the ordinary submission to His Majesty, on the acquiescence of the 
 Imperial Parliament. 
 
 It is not ditficult to perceive the reasons which induced pailiament 
 in 1791, to connect with a reservation of land for ecclesiastical purpo- 
 ses !lie special delogation to the Council and .Assembly of the right to 
 vary that provision by any bill, which being reserved for the signifi- 
 cation of His Majtisty^s pleasure, should be communicated to both 
 houses of parliament for six weeks before that decision was pronoun- 
 ced. Ketueinbering, it should seem, how fertile a source of contro- 
 versy ecclesiastical endowments had supplied throughout a l:irge part 
 of the christian world, and how impossible it was to foretel with pre- 
 cision what might be the prevailing opi.'.ions and fcelinss of the 
 Canadians on this subject at a future period, parliament at once secured 
 the means of making a systematic provision for a protestant clergy and 
 took full precaution against the eventual inaptitude of that system to 
 the more advanced stages of a society then in its infant state, and of 
 which no human foresight could divine the more mature and settled 
 judgment. 
 
 In the controversy, therefore, respecting ecclesiastical endowments 
 which, at .present divides the Canadian legislature, I find no unexpect- 
 ed element of ngitation, the discovery of which demands a departure 
 from the fixed principles of the constitution, but merely the fulfilment 
 of the anticipation of Parliament in 1791 in the exhibition of that con- 
 flict of opinion for which the statute of that year may be said to have 
 made a deliberate preparation. In referring the subject to the future 
 Canadian l^egislnture, the authors of the constitutional act must be 
 supposed to have contemplated the crisis at which we have now ar- 
 rived — the era of warm and protracted debate, which in a free govern- 
 ment may be said to be a necessary precursor to the settlement of any 
 great principle of national policy. We must not have r(.cuwr8e to an 
 
 extreme 
 
 sent, th< 
 
 I thin 
 
 rial Leg 
 
 an infi if] 
 
 forbids | 
 
 and wel 
 
 With< 
 
 objects ( 
 
 as it apj 
 
 arbiters 
 
 of these 
 
 sales, an 
 
 Executi' 
 
 6th. 1 
 
 the Lam 
 
 Admit 
 
 under tl 
 
 extent ol 
 
 the Com 
 
 It is d I 
 
 ing the ^ 
 
 that if ai 
 
 respect in 
 
 that if F 
 
 disregart 
 
 prompt a 
 
 and inten 
 
 the griev 
 
 removed 
 
 7th. R 
 
 Assembl 
 
 upheld a 
 
 ters, but 
 
 from it, { 
 
 His W 
 
 for this 
 
 for the e 
 
 retrench) 
 
 mentionc 
 
 little ben 
 
 be found, 
 
 of manap 
 
 is imposs 
 
 adv^ntag 
 
 school, (i 
 
 Science { 
 
 offices in 
 
ty (he influ- 
 
 [rests to par- 
 
 iurrender of 
 
 difference, 
 
 ie Province 
 ie interposi- 
 )oth Houses 
 ivent, there 
 ions alieady 
 
 abstain from 
 Uely to Par- 
 ive declared 
 inidittive is 
 leculiar pro- 
 although its 
 , in addition 
 cence of the 
 
 d pailiament 
 A'n'a\ purpo- 
 r the right to 
 >r tlie signifi- 
 atcd to both 
 ,vas pronoun- 
 ;e of contro- 
 t a Itr^e part 
 tel with pre- 
 lings of the 
 once secured 
 nt clergy and 
 lat system to 
 state, and of 
 and settled 
 
 endowments 
 no unexpect- 
 
 I a departure 
 he fulfilment 
 
 II of that con- 
 said to have 
 
 to the future 
 act must be 
 
 lave now ar- 
 (ree jjovern- 
 
 eniont of any 
 cowriiie to an 
 
 13 
 
 extreme remedy merely to avoid the embarrassment, which is the pi^ 
 sent, though temporary result of our own deliberate legislation. 
 
 I think therefore, that to withdraw from the Canadian to the Impe- 
 rial Legislature the question respecting the Clergy Reserves would be 
 an infi ingement on that cardinal principle of colonial government which 
 forbids parliamentary interference, except in submission to an evident 
 and well established necessity. 
 
 Without expressing any further opinion at present on the general 
 objects of the bill of last session, I think the effect of that bill would, 
 as it appears, have been to constitute the Assembly not merely the 
 arbiters respecting the disposal of the fimds to be raised by the sale 
 of these lands, but the active and independent agents in effecting those 
 sales, and thus to invest them with the appropriate functions of the 
 Executive Government. 
 
 6th. The Report of the Committee next proceeds to the subject of 
 the Land Granting Department. 
 
 Admitting that Lord Ripon^s De8pat<ih shews that the grievances 
 under this head have been in part removed, it is observed that the 
 extent of that relief is not very clearly shown by the documents before 
 the Committee. 
 
 It is difficult, or rather impossible for me to advance further in meet- 
 ing the views of the Assembly thus briefly expressed, than by stating 
 that if any ambiguity can b6 pointed out in Lord Ripon'^ instructions 
 respecting the grant of Lands, it shall be immediately reiitoved, and 
 that if His Majesty's officers in the Province can be shewn to have 
 disregarded those instructions, it will be your duty to enforce most 
 prompt and exact obedience to them, to the full extent of their spirit 
 and intention ; insomuch that there shall in future be no doubt, whether 
 the grievances at which they aimed have or have not been completely 
 removed. 
 
 7th. Respecting the Collegiate Institutions of the Province, the 
 Assembly express their opinion, that the Upper Canada College " is 
 upheld at great public expense, with high salaries to its principal Mas- 
 ters, but that the Province, in general, derives very little advantage 
 from it, and that it might be dispensed with." 
 
 His Majesty's Government can have no wis^ to retain any charea 
 for this establishment which may be more than adequate to provide 
 for the effective performance of the duties of the Teachers. Any wise 
 retrenchment of that nature may, subject to the principles already . 
 mentioned, be immediately introduced. That the Province derives '''* 
 little benefit from this College is a fact of which the explanation is to 
 be found, not in the principle of the institution itself, but in some error ^^ 
 of management, susceptible, as it should seem-, of an easy remedy.^ '^*^X 
 is impossible to believe, that in Upper Canada, as in other countries, ''"' 
 advantages the most important, would not result from a well ordered^ 
 school, for the education in the elementary branches of Philosophy, '" 
 Science and Literature of young men, who aspire to fill the highest " 
 offices in society. Nor can I suppose it a light benefit thus to connect 
 
 i 
 
 i 
 ( 
 
 
■r 
 
 14 
 
 together the preparatory and the final studies of youth In one syste- 
 matic plan, which by rendering the initiatory school a careful prepara- 
 tion for the University may give to their entire education a character 
 of solidity and consistency scarcely attainable by any other method. 
 
 I shall therefore deeply lament the abolition of a College, of which 
 the defects would appear so remediable, and of w hich it iloes not seem 
 easy to exaggerate the benefits. 
 
 On the subject of King's College an unfortunate difference of opin- 
 ion exists between the Council and the Assembly, which each of those 
 bodies concurs in pronouncing incurable. 
 
 His Majesty commands me to tender through you his mediation on 
 this subject. With the previous assent of both Mouses, the King will 
 cheerfully resume the consideration of the question, in what manner 
 a charter could be most conveniently prepared, so as to promote the 
 interests of Science and Literature, and the study of Theology and 
 Moral Philosophy, with a due regarJ to the opinions which seem to 
 prevail in the Province, respecting the proper constitution and objects 
 of an University. But after having distinctly referred to the local 
 legislature the duty of giving effect to their own wishes on the subject 
 in the form of an act oif general Assembly, His Mnjosty cannot at the 
 instance of one only of the two Houses, withdraw it from their cog- 
 nizance. I 
 
 8th. The committee complain that a very considerable portion of 
 the sum amounting to £31,7:28 18 II expended in aid of emigration 
 from Europe, was for " articles or services not specified, and concern- 
 ing which a committee of the House of Assenjbly could know nothing 
 unless tliey were to send for the detailed accounts and vouchers, which 
 if they had it would be impossible to examine at this Inte period of the 
 session at which the government sent down those statements." In 
 the Appendices to the Report, numbered 56 and 57, various items of 
 this expenditure are noticed with apparent dissatisfaction. You will 
 direct the public oflicers who have had the management of this fund 
 to communicate to the Flouse of Asse i bly, with the utmost possible 
 promptitude, the most minute and circumstantial details and explana- 
 tions connected with it, for which the House may be pleased to call. 
 
 9th. Next in order occurs the statement, that " the present system of 
 auditing the public accounts is altogether insutiicient for ensuring the 
 application of the revenue to the purposes to which it is intended to 
 be applied." 
 
 The remedy suggested is that of establishing a Board of Audit, of 
 which the proceedings should be regulated by a well considered stat- 
 vte under a responsible government. 
 
 Deferring at present any remark on the expression *' responsible 
 Government," to which I shall more conveniently advert hereafter, I 
 must express ray agreement in the position that the establishment of 
 a Board of Audit by law is the best remedy in this case. His Majesty 
 will gladly concur in the enactment of any law, which shall be prcv 
 perif framed for constitutiDg such a Board. With a view to aid tht 
 
 .:; 
 
15 
 
 ^^ 
 
 3ne syste- 
 il prepara- 
 
 character 
 r method. 
 
 of which 
 3 not seem 
 
 e of opin- 
 h of those 
 
 diation on 
 King will 
 It manner 
 omote the 
 alogy and 
 li seeni to 
 nd objects 
 the local 
 lie subject 
 not at the 
 their cog- 
 
 jortion of 
 
 migration 
 
 I concern- 
 
 V nothing 
 
 rs, which 
 
 iod of the 
 
 nts." In 
 
 items of 
 
 You will 
 
 this fund 
 
 possible 
 
 explana- 
 
 d to call. 
 
 system of 
 
 uring the 
 
 tended to 
 
 Audit, of 
 ;red Stat- 
 
 sponsible 
 •eafter, I 
 ^ment of 
 Majesty 
 be pro* 
 • aid th« 
 
 deliberations of the Legislature, I transmit to you various dncumenti 
 explanatory of the constitution and proceedings of the commission for 
 auditing the public accounts in this Kingdom. 
 
 The Absctubly express their disbelief that any efficient measure o.' 
 this kind will obtain the consent of the Legislative Council. 1 trust 
 that this apprehension will be dispelled by the event. If unfortu- 
 nately it should be confirmed, you will in the ex»'rcise of His Majes- 
 ty's delegated authority, proceed at once to constitute a Board of Audit 
 upon the principK s of that which at present exists in this kingdom, so 
 far as the two cases may be analogous ; and although 1 am aware that, 
 unaided by positive Legislation, such a board would be comparatively 
 inefficient, yet no inconsiderable advance would thus be made towardi 
 the introduction of an effective sjvstem of audit. 
 
 If you should find it necessary to act on this instruction, great care 
 must be used to prevent the new establishment from being 
 converted into the means of any real or seeming abuse in the 
 way of an improvident increase of the patronage of the Crown. 
 Of a Board consisting of five or three auditors, one alone should at 
 first receive a salary, because the institution itself would be provi- 
 sional only, and liable to revision so soon as a proper act could be 
 passed (or the purpose. I think it highly probahU- that amongst th\ 
 gentlemen of the Province most conversant with its financial interests, 
 asuilicicnt number would be found, who as honorary and inipaid com- 
 missioners would complete the board, and who though not engaging 
 in the mere ordinary routine of business would exeicise a general 
 Buperintcndcncc over the more important procredin<;s of the commis- 
 sion. Especially it would be requisite to obt:tin such aid in determin- 
 ing the number and remuneration of the clerks and other subordinate 
 officers. But it must not be for<i;otton that the elfective remedy as the 
 report observes, isto be found in a board established by lavv,& 1 earnestly 
 hope that a law to that effect may pass both Houses of the Legislature. 
 10th. The withholding of public accounts from the House of As- 
 sembly is the next ground of complaint. 
 
 It is proposed, that to remedy this evil, a statute should be passed 
 providing the time and manner of makinjr such returns, and naming 
 the officers, who should render them to the Legislature ; " but," add 
 the committee, " it is well known that such an enactment would fail in 
 the Council, which has an interest in preventing the enforcement of 
 practicable accountability to the people." 
 
 Although 1 cannot permit myself to believe, that the Council would 
 really oppose themselves to any judicious measure of this kind, I fear 
 that such legislation would be found to involve manj serious, if not 
 insuperable ditficulties. I nnjst object to the appointment of individ- 
 uals for rny purpose of this kind by name in a statute, or by an author- 
 ity other than that of (he Kinsj. Persona so appointed would exer- 
 cise a control over all the functions of the Executive Government, and 
 SjTOuld have a right of insjwcting the records o' all public offices to 
 iuch an extent as would leave His Majesty's representative, and all 
 
#' 
 
 i'A 
 
 if 
 
 16 
 
 other public functionaries, little more than a dependent and subordi« 
 mate authority. Further such oihcers would be virtually irresponsible 
 and independent. 
 
 On this subject, however, His Majesty commands me to state, that 
 there is no information connected with the receipt and expenditure of 
 any part of the revenue of Upper Canada, which he wishes to with- 
 hold from the representatives of the Canadian people. 
 
 You will immediately on your arrival in the Province apprize the 
 heads of eve^y pubiie department, by which any such funds are re- 
 ceived or administered, that they must constantly keep in preparation 
 to be produced to the Assembly in compliance with any addresses 
 which may be presented to yt by that House, copies and abstracts 
 of all public accounts, and you will consider, in what form those can 
 be drawn up so as to exhibit all material information, in the most com- 
 plete and luminous manner. It will perhaps be possible to concert 
 with the House beforehand some system for preparing; such returns ; 
 and as often as they may present to you addresses for such information, 
 you will promptly accede to their wishes, except in the extreme ease, 
 which it is difficult to suppose, of any demand of that nature being 
 made in such a fonn that the compliance with it would endanger some 
 great public interest. 
 
 . nth. The report then passes to the consideration of cases to which 
 your predecessor is charged with having failed to show respec.t, even 
 in subordinate matters to the wishes of the House of Assembly. 
 
 I will not encumber this communication by entering into a review of 
 the particular transactions noticed by the committee in illustration 
 of this complaint. I am not indeed sufiiciently in. possession of the 
 facts to enable me to do so ; nor do I think it convenient to combine 
 a personal discussion, wi(h a general statement of the principles by 
 which your conduct is to be governed. , 
 
 The only general direction that I have to give you on this subject i9 
 that 3'ou will always receive the addresses of the Assembly with the 
 most studious attention and courtesy.-^ As far as may be consistent 
 with your duty to the King, you will accede to their wishes cheerful- 
 ly and frankly. 
 
 Should that duty ever compel you to differ from their opinion or to 
 decline compliance with their desires, you will explain in the most di- 
 rect and, of course, in the most conciliatory terms the grounds of your 
 conduct. 
 
 12tb. The next topic of complaint is that many of the recommenda- 
 tions contained in Lord Ripon^s despatch of the 8th Nov., 1833, have 
 not been carried into effect. Amongst these are especially mentioned 
 such as relate to the amendment of the Election Laws : — the non- 
 interference of His Majesty^s Officers at Elections : — 
 
 The disclosure to the House of the receipt and expenditure of the 
 Grown Revenue : — The exclusion of Ministers of Religion from the 
 Legi»lative and Executive Councils : — The reducing the costs of Elec- 
 
 lions :— 
 of public 
 Adhe 
 sued un< 
 ed to dii 
 of your 
 influenc 
 His Lor 
 13th 
 made ch 
 means 
 tern." 
 and I are 
 investig 
 promptly 
 pear to 
 Canada 
 and char 
 tion of t 
 political 
 14th. 
 ment am 
 Upper C 
 from this 
 prospect 
 Withe 
 of those 
 digressir 
 to obser 
 prove til 
 exempt 
 His Maj 
 all times 
 That 
 ty feels 
 Jects, an 
 to any r 
 their re 
 tenor ol 
 the des] 
 That 
 tention 
 ed by t 
 (he Ho 
 (ers rel 
 It is 
 dicate i 
 In the 
 
)d 8ubordi« 
 responsibltih 
 
 state, (hat 
 enditure of 
 Bs to with- 
 
 apprize the 
 
 nds are re- 
 
 preparatiott 
 
 addresses 
 
 J abstracts 
 
 these can 
 
 most com- 
 
 to concert 
 
 sh returns ; 
 
 iformation, 
 
 re me ease, 
 
 iture being 
 
 tngei some 
 
 s to whicii 
 pec.t, even 
 ibly. 
 
 review of 
 illustration 
 ion cf the 
 combine 
 nciples by 
 
 I subject is 
 
 with the 
 
 consistent 
 
 i cheerful- 
 
 nion or to 
 e most di- 
 Js of yout 
 
 )mmenda> 
 332, have 
 iientioned 
 the non- 
 re of the 
 from the 
 J of Elec- 
 
 11* ■ ^ 
 
 lions :— -The judicial independence : and the limitation of the numWr 
 of public officers, who may sit in the Assembly. 
 
 Adheiing without reserve or qualification to all the instructions f^ 
 sued under liis Majesty's commands by Lord Uipon, the King is plead- 
 ed to direct, that you do adopt that Dispatch as a rule for the guidance 
 of your own conduct, and that you exert your legitimate authority and 
 influence to the* utmost possible extent to carry into effect all such of 
 His Lordship's suggestions, as may still continue unfulfilled. 
 
 13th. The selection of Justices of the Peace is said to have been 
 made chieily from persons of a peculiar bias in politics, and to be the 
 means " of extending the power and influence of the Colonial Sy»> 
 (em." It is not in my power to verify the accuracy of. this opinion; 
 •rid I am happy to feel myself relieved from the necessity of such an 
 investigation If any such abuse exists, it cannot be too decisively or 
 promptly remedied. Whenever any increase of the number may ap" 
 pear to you desirable, you will propose to any gentlemen in Upper 
 Canada possessing the necessary qualifications of knowledge, property 
 and character and unquestionable fidelity to the Sovereign, the assump* 
 tion of the office of the Justice of the Peace without reference to anj 
 political consideration. i 
 
 14th. A very considerable part of the report isdevotedrto the state- 
 ment and illustration of the fact, that the Executive Government of 
 Upper Canada is virtually irresponsible ; and the conclusion drawn 
 from this statement is, that under the present system there can be no 
 prospect of a good and faithful administration of public affairs. 
 
 Without entering on the one hand unnecessarily into a discussion 
 of those general principles, to which my attention is thus invited, or 
 digressing on the other hand into personal topics, it is enough for me 
 to observe on tile present occasion, that experience would seem to 
 prove that the administration of public affairs in Canada is by no means 
 exempt from the control of a sufficient practical responsibility. To 
 His Majesty and to Parliament the Governor of Upper Canada is at 
 •U times most fully responsible for his official acts. 
 
 That this responsibility is not merely nominul, but that His Majes- 
 ty feels the most lively interest in the welfare of his Canadian sub- 
 jects, and is ever anxious to devote a patient and laborious attentioft 
 to any representations, which they may address to him, either through 
 their representatives or as individuals, is proved not only by the whole 
 tenor of the correspondence of my predecessors in this office but by 
 the despatch which I am now addressing to you. 
 
 That the Imperial Parliament is not disposed to receive with inat- 
 tention the representations of their Canadian fellow subjects, is attest- 
 ed by the labours of the committees, which have been appointed by 
 (he House of Commons during the last few years to enquire into math 
 lers relating to those provinces. 
 
 It is the duty of the Lieutenant Governor of Upper Canada to vin 
 dicate to the King and to Parliament every act of his administration. 
 Ib the event of any representations being addressed to His Majes^ 
 
 ^v? 
 
 1 
 I 
 
 iMliiidji 
 
19 
 
 ■pon the subject of your official conduct, you will have the highest 
 ]^iUe elaim to a favourable construction ; but the prcsumptionil 
 which may reasonably be formed tn your behalf will never supersede 
 a blose exilmination, how far they coincide with the real facts of each 
 particular case which may be brought under discussion. 
 
 This responsibility to His Majesty and t6 Parliament is second to 
 none, which tan be imposed on a public man, and it is one, which it is 
 in the power of the House of Assembly, at any time by address or pe- 
 tition, to bring into active operation. 
 
 I further unreservedly acknowledge that the principle of effective 
 nsponsibility should pervade every department of your government ; 
 and for this reason, if for no other, I should hold that every public of- 
 ficer should depend on His Majesty's pleasure for the tenure of hif« 
 Office. If the head of any department should place himself in decided 
 opposition to your policy, whether that opposition he avowed or latent, 
 it will be his duty to resign his office into your hands ; because the 
 system of government cannot proceed witli safety on any other princi- 
 ple than that of the cordial co-operation of its various members in the 
 flame general plans of promoting the public good. The inferior mem- 
 bers of the different offices should consider neutrality on this great lit- 
 igated question of Provincial policy as at once their duty and their 
 privilege. Diligently obeying all the lawful commands of their supe- 
 riors, they will be exempted from censure, if the course, which they 
 have been directed to pursue, should issue in »ny unfortunate results. 
 
 Some of the members of the local government will also occasionally 
 be representatives of the peo) le in the Assembly, or will hold seats in 
 the Legislative Council. 
 
 As members of the local Legislature they will of course act with 
 fidelity to the public, advocating and supporting no measures, which 
 upon a large view of the general interest, they shall not think it incum- 
 bent on them to advance. But if any such person shall find himself 
 compelled by his sense of duty to counteract the policy pursued by 
 you as the head of the government it must be distincdy understood, that 
 the immediate resignation of his office is expected of him, and that 
 failing such resignation, he must as a gi>neral rule be suspended from it. 
 Unless this course be pursued, it would he impossible to rescue the 
 head of government from the imputation of insincerity ; or to conduct 
 the administration of public affairs with the necessary firmness and de- 
 cision. 
 
 I need hardly say, that in the event '^f any public officer, being urg- 
 ed into a resignation of his place by his inabilitv to give a conscien- 
 tious support to his official superior, the merits of the question would 
 undergo an investigation of more than common exactness by His Ma- 
 jesty's Ministers, and that His Majesty's decision would be pronounc- 
 ed with a perfect impartiality towards those who had the honor to 
 serve him in the Province, however hi|gh or however subordiriate 
 might be their respective stations. 
 
 By a steadfast adherence to these rules, I trust that an eflective sysr 
 
I» 
 
 the highest 
 resumption^ 
 T supersede 
 acts of each 
 
 a second to 
 , which it is 
 dress or pe- 
 
 of effective 
 ;overnment ; 
 ry public of- 
 'nure of hif 
 If in decided 
 ed or latent, 
 
 because the 
 other ])rinci- 
 tibers in the 
 iferior mera- 
 his great Iit> 
 ty and their 
 " their supe* 
 
 which the/ 
 lale results, 
 occasionally 
 liold seats in 
 
 rse act M'ilh 
 
 lures, which 
 
 nk it incum- 
 
 iind himself 
 
 pursued by 
 
 rstood, that 
 
 m, and that 
 
 idecl from it. 
 
 rescue the 
 
 r to conduct 
 
 ness and de» 
 
 ', being urg* 
 a conscien- 
 stion would 
 by Mis Ma- 
 e prnnounc- 
 le honor to 
 subordinate 
 
 'flective sy9» 
 
 tem of responsibility would bo established throughout the whole body 
 cff public officers in Upper Canada., from the highest to the lowest, 
 without the introduction of any new and hazardous schemes, and with- 
 out recourse to any system, of which the prudence and safety have 
 not been sufficiently ascertained by a long course of practical expe> 
 rience. 
 
 14th. I next advert to two subjects of far more importance than any 
 of those to which 1 have hitherto adverted. I refer to the demand 
 rotkde partly in the report of the Committee, and partly in the address 
 from the Assembly to His Majesty, for changes in the mode of appoint- 
 ing Legislative Councillors, and ibr the control by the Assembly of 
 the Territorial anil Casual Revenues of the Crown. 
 
 On these subjects I am to a considerable extent relieved from the 
 necessity of any particular investigation, because claims precisely iden- 
 tical have been preferred by the Assembly of Lower Canada, and be- 
 cause in the instructions to the Commissioners of £nquiry who have 
 visited (hat Province, I have already had occasion to state the views 
 which have received His Majesty's deliberate sanction. The princi- 
 ples of the government in the two Sister Provinces must I am well 
 aware be in every material respect the same. I shall therefore, an- 
 nex for your information as nn appendix to this Despatch so much of 
 the instructions to the Earl of Gostord and his colleagues, as applies to 
 these topics. 
 
 In the prosecution of the enquiries of the Commissioners in Lower 
 Canada, they will be instructed to enter into full and unreserved com- 
 munication with you upon these questions, and to frame their report 
 in such a manner as may enable His Majesty to adopt a just and final 
 conclusion upon the course to be pursued respecting them in both the 
 Canadas : For this purpose you will supply the Commissioners with 
 all the information which you may think necessary far them to receive, 
 and with every suggestion which you may think it expedient to make 
 for their assistance in comparing the state of these questions in the 
 two Provinces. If it should ultimately appear desirable, the Commis- 
 sion may perhaps be directed to resort to Upper Canada, there to pur- 
 sue in concurrence with yourself, a more exact enquiry into these sub- 
 jects than they could institute at Quebec, in reference to the aifairs of 
 the Upper Province. 
 
 In general the Earl of Gosford and his colleagues will be directed to 
 enter into unreserved communication with you, not only on the points 
 just mentioned, but on every subject of common interest to the two 
 Provinces. 
 
 You on your pjirt will conduct yourself towards them in the most 
 cordial spirit of frankness and co-operation. 
 
 I have thus in order adverted to every subject to which the AsseB** 
 bly of I'pper Canada have called the attention of His Majesty's Gov- 
 ernment. 
 
 You will communicate to the Legislative Council, and to that House, 
 the substance of this Despatch as containing the answer which Hit- 
 
so 
 
 i^ 
 
 
 i 
 
 Mijetty is pleased to make to the addresses and rppresentationii» 
 which I have the honor to lajr before him from the two Houses in th€ii. 
 last Session. ' 
 
 I trust that in this answer they will find sufficient evidence of th« 
 •arnest desire, by which ilis Majesty's Councils are animated to pr(>> 
 ▼ide for the redress of every grievance, by which any class of Hit 
 Majesty's Canadian subjects are affected. 
 
 I close this communication with the expression of my earnest hope, 
 and I trust not too confident belief, that the representatives of the peo- 
 ple of Upper Canada will receive with gratitude and cordiality this re- 
 newed proof of His Majesty's paternal solicitude for the welfare of hit 
 loyal subjects in that Province, and that laying aside all groundlesi 
 distrusts, they will cheerfully co-operate with the King and with you 
 •i His Majesty's Representative in advancing the prosperity of that 
 interesting and valuable portion of the British empire. 
 
 I have the honor, &e. 
 
 GLENELa 
 
 APPENDIX. 
 
 ■XTBACr rROM OJWPATCH TO THE COMMISSIONERS WOR LOWER CAH- 
 
 ADA, DATED, 
 
 I totoHirig Street, nth July, 19S5. 
 
 ** Amongst the most pressing of these, is the financial question which 
 liat given rise to so protracted a controversy. 
 
 ** After the several gradations through which this question hat 
 passed, it has at length assumed the following shape : As represents 
 tives of the people of Lower Canada, the House of Assembly claim 
 the right of appropriating to the public service, according to their own 
 discretion, the whole of the revenues of the Crown accruing within 
 the Province. The claim extends to the proceeds of all parliamentarj 
 and provincial statutes, whatever may have been the original conditions 
 of these grants ; — to the funds drawn from the sale of timber and of 
 the waste lands of the Crown ; — to all fines and forfeitures ; — and te 
 the income derived from the Seigneurial rights inherited by the King 
 from his royal predecessors. In fine, the authority of the local Legis- 
 lature over the income and expenditure of the Province is declared to 
 be so extensive, as to embrace every part of that receipt and outlay: 
 Mid to inalienable as to supersede even the eoneessions deliberately 
 
 made in 
 people. 
 " \Vi 
 these cl 
 fact, tha 
 Crown, 
 own, an 
 consent, 
 over thi 
 cession 
 between 
 fore, th( 
 tice, or 
 right to 
 the Cro^ 
 civil gov 
 his rexzt 
 to declir 
 to the s 
 with wh 
 ficult to 
 curred i 
 last fifte 
 " If pe 
 itatc to I 
 must ill 
 Governr 
 this grea 
 the most 
 money s 
 operatic 
 these of 
 "Dur 
 byparlii 
 which, 1 
 House c 
 the Pro 
 the surr 
 servatio 
 for the 
 any wh 
 objects, 
 Canadii 
 der wei 
 Majestj 
 the law 
 ing a St 
 benefit 
 
 •w 
 
8ent•tioDl^ 
 setiathtfir 
 
 snce of th« 
 ted to pr(^ 
 ass of Hif 
 
 nest hope, 
 >f the peo- 
 «iy this re- 
 I fare of hit 
 groundless 
 I with you 
 ity of that 
 
 SLa 
 
 rSR CAH- 
 
 18S5. 
 
 ion which 
 
 istion hw 
 present*- 
 >ly claini 
 heir own 
 ig withia 
 amen tar J 
 onditions 
 }r and of 
 — and to 
 the King 
 al Leeis- 
 clarea to 
 I outlaj : 
 iberatelj 
 
 11 
 
 made in preceding times by the former representatives of the Canadiao 
 people. 
 
 ** Without pausing to discuss the great constitutional questions which 
 these claims involve. I content myself with referring to the undoubted 
 fact, that the Kings of England have at all times been, in right of their 
 Crown, in possession of certain sources of revenue peculiarly their 
 own, and of which they could not be divested, except by their own 
 consent. In modern times, as is well known, the control of parliament 
 over this revenue in these Kingdoms, has been established on the ac- 
 cession of each Sovereign to the throne, by a solemn compact made 
 between the Crown and the Houses of Lords and Commons, if there- 
 fore, the King were disposed to insist upon positive law, ancient prac- 
 tice, or constitutional analogy. His Majesty might readily vindiciile his 
 right to dispose of the territorial, hereditary, and casual revenue of 
 the Crown, arising in Lower Canada, towards the maintenance of the 
 civil government in that part of bis dominions. But, anxious to render 
 his reign a blessing to his C'anadian subjects. His Majesty is prepared 
 to decline taking this ground, and to refer the decision of the question 
 to the single test of the advantage or disadvantage to the Province, 
 with which the proposed cession would be attended. It would be dif- 
 ficult to imagine any pecuniary sacrifice which would not be wisely in- 
 curred in purchasing a peaceful settlement of the dissensions of the 
 last fifteen years. 
 
 " If pecuniary interests alone were at stake, the King would not hes- 
 itate to make this cession permanently and without condition. They 
 must ill indeed have understood the character and policy of the British 
 Government, who may have supposed, that the peace and well-being of 
 this great Empire has been put to hazard in a prolonged contest with 
 the most valuable of its foreign dependencies, for the sake of a s-um of 
 money so insignificant, as to be scarcely perceptible in the financial 
 operations of Great Britain, and of no considerable amount even in 
 these of Lower Canada. 
 
 ** During the progress of this controversy, there have been expended 
 by parliament for objects altogether Canadian, sums, compared with 
 which, the utmost demand that has been made on the liberality of the 
 House of Assembly, for the support of the Executive Government of 
 the Province, is altogether trivial. The real importance of connecting 
 the surrender of the hereditary and territorial revenue \vi(h some re- 
 servation or conditions for the support of the civil government, and 
 for the administration of justice, rests upon grounds far higher than 
 any which could be brought to a pecuniary mea.8urement. There are 
 objects, essential, as it would seem, to the welfare of His Majesty's 
 Canadian subjects, which could not probably be secured if that surren- 
 der were made unconditionally. In this view of the question. His 
 Majesty is bound not to relinquish the appropriation of funds which 
 the law and the Constit'ilion have placed at his disposal, without mak- 
 ing a stipulation suggested exclusively by his care for the common 
 benefit of his people. 
 
"Amongst tho foremost of the objects which Ills Majesty is thur 
 Vound to rescue from a prccariouii support, are, the indopendonce of 
 the Judges nnd the pure administrtition of tho law. Frotu the com* 
 inenc(Mn(MU of his roigrt, it ha'i been the constant tind pcr^^evering ef* 
 fort of His Majt'sty t) render tho Judges of the Superior Courts in 
 Lower Cniunla, independent alike of the Crown, for the tenure of their 
 offices, and ol'ihe representatives of the people for their annual emol> 
 vment;). In the various documents already noticed, you will find the 
 bjstory of ilioii' attempts, and a full explanation of the causes to which 
 their failtim is to he ascribed ; yet a review of the Journals of the A*- 
 •emblr will, I think, convince you, that between that House and Uit 
 Majesty's g overnnier.t, no real, or at least no irreconcilahlv^ diiVerence 
 of opinion fxisfs on this subject; — on the contrary, you will lind, that 
 respeolitii; the general principles nn which we must jiroceed, a perfect 
 ananiinity has prevailed It is fully admitfed that tho Ju<lges ought 
 to hold their ollices, not at the pleasure of the King, but during good 
 behaviour, and that their official iiicoinos tdiould be paid, not at th» 
 pleasme of thi> popular branch of the Legislature, but from adequate 
 funds to '''■ iirt^ocably pledged for ihnt purpose. Wi'h respect to 
 the erection of a tribimal for the trial of impeachments preferred against 
 the Ju'!',i;os, no p!;in has lieon su-rgcstod, nor consistently willi the priri"- 
 ciplos of tho Constitution of the Province, could any scheme be devis- 
 ed, exc piinir'hat of brin'^ing sncli Judges to trial befon- the Legislative 
 Council, or before His Majesty, aetiiig on the advice of the judicial 
 eoniinittee of the Privy Council in Ibis kingdom. Impartiality, with a 
 perfect exemption from all local influences, is the first and essential 
 •ttribute of any coirt which may be invested with such powers, and 
 as the King cannot in Itdge any rea'^onable hope oi findiiig those quali* 
 ties con\!)ined in any tribunal within the Province itself (unless per- 
 haps in the Legi-lative Council) lUs Majesty is not prepared to as- 
 ient to any schenic divesting himself, acting upon the constitutional 
 tdvi('e of his privy council, of the authority which has ever been exer^ 
 eised by the King'i of this realm, on occasions of the same nature, and 
 eince the earliest settlement of the colonial portion of the British do> 
 ninions. 
 
 " This then will be one of the subjects of your earliest enquiry; and 
 you will f ndeavoijr to sugg<'st the plan of a law, in which there raaj 
 be good ground to anticipate the concurrence of the House of Assena- 
 bly, for the security of judicial independence. If this can be effected, 
 oee of the chief difficulties which might otherwise obstruct the cession 
 of the revenues will be overcome. 
 
 ** I he reg rl which it is His Majesty's duty toma<ntain for the weV 
 ftire of the pe pie of Lower Canada appears to forbid a surrender of 
 the revenues of the Cruwn in that Province to the appropriation of 
 Che Legislature, jnless some condition be further made for the support 
 <|f the Executive Government by an adequate civil list. ,.]':.> ,; , f,; 
 
 ** I pass over without any direct notice the grounds on which the cott- 
 tending parties in the Province have, on the one hand, urged the n»- 
 
 l 
 
 eessitv o 
 be safely 
 various \ 
 in the 
 cannot, 
 consideri 
 about to 
 the dem: 
 "A con 
 ecutive ( 
 chief otrii 
 those offi 
 clothed 
 of such c 
 for those 
 on the re 
 the com 
 rather be 
 just resp 
 the powf 
 "The c 
 an invidi 
 steady pi 
 with wlu 
 It would 
 ty at the 
 offensive 
 the same 
 that pecu 
 "The s< 
 derive fr 
 subsistin; 
 pirc. It 
 ministrat 
 appointei 
 vincial ( 
 shall or ! 
 almost s< 
 offices vv 
 " In so 
 tessarv < 
 ficers sh 
 insepara 
 "Nor a 
 been rec 
 plicable 
 They hi 
 dem eall 
 
 -iWt- 
 
23 
 
 ps<y it tbur 
 lendi'nce of 
 XII the com- 
 \^evering ef- 
 r Courts id 
 nure of their 
 nriiiiU emoU 
 will find the 
 ses to which 
 s of the A» 
 use and lii» 
 i! riiiVerenctt 
 ill find, thai 
 ?'l, a perfect 
 iKlfies ought 
 (luring good 
 , not ut the 
 >Mi adequate 
 h respect to 
 rrod against 
 itii the prin- 
 10 he devis' 
 Legislative 
 the judicial 
 iilitv, with a 
 nd essential 
 lowers, and 
 those quali- 
 [ unless per- 
 [)nred to as- 
 nstiiutional 
 been exep> 
 nnfure, and 
 British do- 
 
 nquiry; and 
 
 there inaj 
 
 of Assem- 
 
 )e effected, 
 
 the cession 
 
 or the weV. 
 
 urrcnder of 
 priation of 
 I he support 
 
 ch the con- 
 ;ed the JUh 
 
 eessity of such a stipulation, and on the other hand denied that it could 
 be safely or tonstitutionally admitted. You will readily Icum froa 
 various puhlic documents which will be pressed upon your aticntion 
 in the Province itself, what arc the argumenti to which I refer. I 
 cannot, however, abstain from recording in this place the principal 
 considerutions which appear to make it necessary that the roncestijufi 
 about to be made to the Provincial Legislature should he qu <liflcd by 
 the demand of a proper Civil Lisit. 
 
 "A conhtunt altercation between the House of Assembly and tho Ej^ 
 ecutivc Government, on the subject of the official emoluments of the 
 chief officers of the crown, would be derogatory to the character of 
 those officers, and especially of the Governor, reprcsentirg the person, 
 clotbed with the delegated prerogativcsH)f the King. The tendency 
 of such controversies would unavoidably be to introduce h disciiteciA 
 for those functionaries by exhibiting them in the light of pcnsionere 
 on the reluctant bounty of the representatives of the people ; although 
 the common welfare of society evidently re quires that thoy should 
 rather be respected as the ministers of the King; exercising under a 
 just responsibility indeed — but yet with freedom and independence, 
 the powers confided to ihem for the public good. 
 
 "The continued agitation of a subject so capable of being placed in 
 an invidious light, could scarcely be compatible with the tranquil and 
 steady progress of those most important branches of the public business 
 with which the higher functionaries of the government are charged. 
 It would al io be directly injurious to them and therefore to the Socie- , 
 ty at the head of which they are placed, thus to give an habitual and 
 offensive prmuinence to the remuneration they were receiving, and in 
 the same degree to divert public attention from the services by which 
 that pecuniary reward was earned. 
 
 "The security which the Governor and his principal Officers would 
 derive froili the grant of a Civil List, would stiength'en the connection 
 subsisting between Canada and the other member's of the British Era-, 
 piro. It would be a distinct recognition of the principle that the ad- 
 ministratif)n of the affiurs of the Province by a Governor and officeri 
 appointed by the King, is a substantial and essential part of the Pro- 
 vincial Constitution. To debate from year to year whether grants 
 shall or shall not be made for the support of such functionaries, might 
 almost seem to involve a tacit assumption that the existence of suchi^ 
 offices was itself a question open to annual revision. 
 
 "In so remote a part of His Majesty's dominions it is especiKlly n^> 
 cessary that the Royal authority as represented by I lis .\faje'?ty's of- 
 ficers should be most distinctly admitted as one of the component and 
 inseparable principles of the social system. 
 
 "Nor arc the motives, by which the independence of the Judges has 
 been recommended by the King arid admitted by the Assembly inaj^ 
 plieable to the case of the principal officers of the local governnient.-— 
 They have frequently unpopular duties to perform ; they are not sek* ,<;» 
 dem called to oppose the passions and emotions of the day ; and for 
 
 \i /a - 
 
I 
 
 94 
 
 the permanent well being of society, to brave the displeasure of popd- 
 lar leadeis. They should, therefore, be raised above all influence, and 
 all suspicion of influence of unworthy fear or favour. The interests 
 of freedom and of good government require that those* upon whose 
 firmness and constancy the maintenance of order and the authority of 
 the laws mainly depend, should not be looking for ti.eir subsistence to 
 the favor of a body which necessarily reflects most of the fluctuating 
 movements of the public mind. vSuuh are the principal motives which 
 induce me to conclude, that the King could not consistently with the 
 interests of His Canadian subjects, relinquish, except in return for an 
 adequate civil list, the control which His Mnjesty at present exercises 
 over the hereditary and territorial revenue. 
 
 "It will be for you to consider and report what ought to be the pre- 
 cise terms of this stipulation. A temporary cession of the revenue in 
 return for a provision for the chief public ofiicers of the Province for 
 a corresponding period, would be the most satisfactory arrangement. 
 In the rapid progress of settlement in the Canadian Provinces a few 
 years will probably be productive of changes, demanding a correspond- 
 ing alteration in the terms of any adjustment concluded at the present 
 period ; anJ a decennial revision of the compact now to be made would 
 seem best calculated to secure those pul)lic benefits and avert those 
 public evils by the hope or fear of which the compact itself is re- 
 commended. 
 
 "If however a temporary settlement to be renewed from time to time, 
 should prove impracticable,or upon a closer consideration of the subject 
 should seem to you inexpedient, you will then consider in what man- 
 ner the inconveniences inseparable from the permanent adjustment of 
 such a question can be most effectually mitigated or avoided. 
 
 "The opponents of the claims preferred by the House of Assembly 
 to the control of the Territorial cvcnue insist with peculiar emphasis 
 that the necessary effect of yielding to this claim would be to transfer 
 from the execu'ive gov*t to the popular branch of the legislature the 
 management of the uncleared territory asserting that the assumption of 
 this duty by the House of Assembly would be most injurious to the 
 agricultural and financial interests of Lower Canada. 
 
 "Were the right of appropriating the Revenue arising from the Crown 
 Lands ^nd the charge of their management indissolubly connected, I 
 should admit this reasoning to be correct. The objections to the com- 
 bination in the same hands of a large share of the legislative power 
 with so important a branch of the executive authority, are too obvious 
 to escape your notice ; and I therefore may, without inconvenience, 
 abstain from a particular explanation of them. It may be sufficient to 
 say, that His Majesty's confidential advisers regard as conclusive, and 
 unanswerable, the objections which are made to confiding the manage* 
 ment of the uncleared territory of Lower Canada, to either or both 
 of the Houses of General Assembly, or to persons appointed by them 
 and subject to their control. In the distribution of the different pow- 
 ers of the state the office of settling and alienating the uncleared terri- 
 
 tory pro] 
 It is c( 
 to lay d( 
 ties, or e 
 to the C 
 thinks sb 
 ral rules 
 ment wh 
 and ad mi 
 ed by th( 
 stitution. 
 that trus 
 would ji 
 
 XXTRACT 
 
 " In th 
 Majesty ( 
 closed ab 
 tution of 
 prominen 
 To the di! 
 of those d 
 ed langua 
 and unsat 
 the Legis 
 
 "The] 
 cate with 
 the appoii 
 ed by the 
 with the I 
 
 "The I 
 tion whet 
 shall und( 
 the maint 
 from Con 
 novations 
 
 « But 1 
 His subje 
 tions for 1 
 ty especii 
 to the hi^ 
 his peopl 
 
 "The 
 
ire of popti- 
 lucnce, and 
 le interests 
 pen whose 
 iuthority of 
 )sistence to 
 fluctuating 
 lives which 
 ly with the 
 turn for an 
 it exercises 
 
 be the pre- 
 revenue in 
 rovince for 
 rangement. 
 ices a few 
 sorrespond- 
 the present 
 nade would 
 avert those 
 itself is re- 
 
 me to time, 
 the subject 
 what man> 
 ustment of 
 
 n. 
 
 Assembly 
 r emphasis 
 to transfer 
 slature the 
 iimption of 
 )us to the 
 
 he Crown 
 nnected, I 
 the com- 
 ve power 
 )o obvious 
 ivenienee, 
 ifTicient to 
 ire, and 
 e manage* 
 r or both 
 i by them 
 rent pow- 
 red terri* 
 
 25 
 
 lory properly belongs to the Executive Government. 
 
 It is competent to the Legislature upon this, as upon other subjects, 
 to lay down general rules for the guidance of the Executive authori- 
 ties, or cither branch of the Legislature may separately offer its advict 
 to the Crown as to the policy and system of management, which it 
 thinks should be pursued ; but the practical application of such gene- 
 ral rules nnd the charge of carrying into effect the system of manage- 
 ment which may be approved are functions so strictly of an executive 
 and administrative character, that they can only be properly discharg- 
 ed by those, in whose hands all similar powers are lodged by the Con- 
 stitution. Nor am I aware o*" any ground on W'hich a surrender of 
 that trust could be properly required from His Majesty, or which 
 would justify the resignation of it by the King. 
 
 aXTRACT OF DESPATCH TO THE CANADA COMMISSIONERS, DATED, 
 
 17//I Ji/fy, 1835. 
 
 " In the 92 resolutions of the Session of 1S34, in the address to Hii 
 Majesty of that year, and in the address adopted in the Session which 
 closed abruptly in the commencement of the present year, the consti- 
 tution of the Legislative Council was insisted upon as the chief and 
 prominent grievance in the whole system of Provincial Government. 
 To the discussion of this subject, nearly half of those resolutions and 
 of those dddresses are devoted ; and the Assembly in the most decid- 
 ed language, have declared that all remedial measures will be futils 
 and unsatisfactory which should stop short of rendering the seats in 
 the Legislative Council dependent on a popular election. 
 
 " The petitioners of Quebec and Montreal, on the other hand, depre- 
 cate with equal earnestness any departure from the principle on which 
 the appointment of the Members of the Legislative Council is regulat- 
 ed by the Act of 1791, and denounce any such change as pregnant 
 with the most formidable evils. 
 
 "The King is most unwilling to admit, as open to debate, the ques- 
 tion whether one of the vital principles of the Provincial Government 
 shall undergo alteration. The solemn pledges so repeatedly given for 
 the maintenance of that system, and every just prepossession derived 
 from Constitutional usage and analogy, are alike opposed to such in- 
 novations, and might almost seem to preclude the discussion of them. 
 
 " But His Majesty cannot forget that it is the admitted right of all 
 His subjects to prefer to him, as the King of thes« realms, their peti- 
 tions for the redress of any real or supposed grievances. His Majes- 
 ty especially recogni2es this right in those who are themselves called 
 to the high office of representing a large and most important class of 
 his people. 
 
 " The acknowledgment of this right appears to the King, to impl/ 
 
96 
 
 ^ 
 
 on his own part, the corresponding duty of investigating the founda- 
 tions of every such complaint. His Majesty therefore will not abso- 
 lutely close the avenue to inquiry, even on a question respecting which 
 be is bound to declare, that he can for the present perceive no reason- 
 able ground of doubt. His Majesty will not refuse to those who ad- 
 ▼ocate such extensive alterations, an opportunity of proving the exis- 
 tence of the grievances to which so much prominency has been given. 
 
 " The King is the rather induced to adopt this course, because His 
 Majesty is not prepared to deny that a statute which has been in ef- 
 fective operation for something less than forty-three years, may be ca- 
 pable of improvement, or that the plan upon which the Legislative 
 Council is constituted may possibly in some particulars, be usefully 
 modified, or that in the course of those years some practical errors may 
 have been committed by the Council, against the repetition of which 
 HcleqUv'ite security ought to be taken. — Yet if these suppositions should 
 he completely verified, it would yet remain to be shown, by the most 
 conclusive and circumstantial proof, that it is necessary to advance to 
 a change so vital as that which is demanded by the House of Assembly. 
 
 " It must be recollected that the form of provincial constitution in 
 'juestion is no modern experiment nor plan of government in favor of 
 which nothing better than doubtful theory can be urged. — A council, 
 nominated by the King, and possessing a co-ordinate right of legislation 
 with tlic representatives of the people, is an invariable part of the Bri- 
 tish colonial constitution in all the transatlantic possessions of the crown, 
 with the exception of those which still remain liable to the legislative 
 authority of the King in council. — In some of the colonies it has exist- 
 ed for nearly two centuries.. Before the recognition of the United 
 rtates as an independent nation, it prevailed over every part of the 
 Btitish possessions in the North American continent, not comprised 
 within the limits of colonies founded by charters of incorporation. — 
 The consideration ought indeed to be weighty which should induce a 
 ceparture from a system recommended by so long and successful a 
 course of historical precedent. To the proposal made by that body to 
 ref^r the consideration of this question to public conventions, or as 
 ihey are termed, primary meetings, to be holden by the people at large, 
 in every part of the Province, His Majesty commands me to oppose 
 His direct negative. Such appeals are utterly foreign to the principles 
 »nd habits of the British Constitution, as existing either in this king^ 
 dom 01 in any of the foreign dependencies of the Crown. 
 
 " You will thijrefore apply yourselves to the investigation of this part 
 of the general subject, and endeavoring to ascertain how far the Legis- 
 lative Council has reaUy answered the original objects of its institu- 
 tion, and considering of what amendments it may be susceptible. It is 
 His Majesty's most earnest hope and trust, that in the practical work- 
 ing of the constitution of the Trovince, there will be found to exist no 
 defects whicii may not be removed by a judicious exercise of those 
 powers which belong to the Crown, or which Parliament has commil- 
 ted to the Provincial Legislature. 
 
f7 
 
 the founda- 
 rill not abso* 
 3cting which 
 e no reason- 
 lose who ad* 
 ing the exis- 
 been given, 
 because His 
 9 been in ef- 
 ;, may be ca« 
 Legislative 
 , be usefullj 
 al errors ma j 
 ion of which 
 iitions should 
 by the most 
 :o advance to 
 of Assembly, 
 institution in 
 nt in favor of 
 — A council, 
 of legislation 
 irt of the Bri- 
 of the crown, 
 be legislative 
 3 it has exist- 
 )f the United 
 r part of the 
 ot comprised 
 jrporation. — 
 )uld induce a 
 successful a 
 that body to 
 ntions, or as 
 ople at large, 
 ne to oppose 
 he principles 
 in this king^ 
 
 )n of this part 
 ar the Legis- 
 Df its institu- 
 ptible. It is 
 actical work- 
 d to exist no 
 ise of those 
 has commil> 
 
 ** When your Report shall have been received, His Majesty will takt 
 into His most serious consideration, the question whether there are 
 any amendments in the Law on this subject, which it would be fit to 
 
 gropose for the consideration of the Imperial Legislature ; and which 
 eing founded on the principles and conceived in the spirit of the Act 
 qf 1791, may be calculated to render the practical operation of the sta- 
 tute more conformable to the wishes and intentions of its framers." 
 
 (A true copy.) 
 
 J. JOSEPH. 
 
 LORD GODERICH'S DESPATCH. 
 
 Duplicate^ No. 162. 
 
 Downing Street, 8th Nov., 1832. 
 
 Sir, — During several months past I have been in occasional com- 
 munication with Mr. William Mackenzie, upon the subject of th« 
 Grievances said to exist in Upper Canada, and for redress of which va- 
 rious petitions have been addressed to His Majesty. 
 
 As Mr. Mackenzie has been the bearer of those petitions to this 
 country, I have gladly availed myself of his residence here to obtain 
 •uch information as it is in his power to give respecting the opinions 
 & wishes of that portion of the inhabitants of the Province by whom he 
 has been deputed to act, and although I have adhered to the general 
 rule of declining to explain the views of His Majesty's Government, 
 on questions of Canadian policy, to any person except the Governor of 
 the Province, I have been anxious to aiford Mr. Mackenzie the most 
 ample opportunity of doing justice to the case which he laid before me. 
 
 From the voluminous mass of that gentleman's correspondence, I 
 have selected three documents which profess to embody the entire 
 substance of that case as it affects the present condition of Upper Can- 
 ada : of these documents 1 have the honor to enclose copies for your 
 information. 
 
 I propose in this Despatch to follow Mr. Mackenzie through those 
 parts of his statement respecting the representation of the inhabitants 
 in the House of Assembly, which appear to me essential to the considr 
 eration of the practical questions he has undertaken to agitate. But 
 4onfiding myself to what I consider as really relevant, I shall necessa- 
 
A 
 
 % 
 
 lily past over in silence some details which have been introduced with 
 no perceptible tendency to elucidate'^ the subjects in diacus^ion, and 
 much invective and sarcasm which would have been far more conven- 
 iently spared. 
 
 It is with no intentional disrespect to Mr. Mackenzie that I remark 
 that he has adopted a style and method of composition singularly ill 
 adapted to bring questions of so much intricacy and importance to a 
 definite issue ; but however discursive may be his papers, or however 
 acrimoiiious iheir tune, I am not on that account disposed to withhold 
 my attention from any useful suggestions they may contain for the pub- 
 lic good. 
 
 I am the more induced to devote to this discussion such leisure as I 
 ean command, because I am solicitous that the comparatively small bo- 
 dy of persons whom Mr. Mackenzie represents should have no reason 
 to think that their complaints had been overborne by the contrary de- 
 clarations of the much more numerous bodies opposed to them. 
 
 Mr. Mackenzie indeed would have himself understood as speaking 
 the sentiments of the entire population of Upper ('anada, excepting 
 only a few public functionaries whose interests are opposed to those 
 of the people at large. It is not necessary, however, to have a very 
 long experience of public controversies of this nature to be aware of 
 the levity with which such pretensions are continually advanced upon 
 the slightest and most inadequate ground. 
 
 Almost all complaints, the most opposite and contradictory not ex- 
 cepted, which reuch this office are nearly as a matter of course, pre- 
 ferred in the name of the collective society : and it becomes necessary 
 to distinguish carefully, in such cases, between mere rhetorical em- 
 bellishments, and statements made in the cautious and measured tone 
 of truth. 
 
 Now, in the present instance, I find that Mr. Mackenzie's views 
 are supported by forty-fcur petitions, which have been signed on the 
 whole by 12,075 persons. — On tlie other hand I have before me no 
 less than thirty-three petitions from the different Counties, Districts, 
 Towns, and Townships of the Province, signed by 26,854 persons, 
 who concur in expressing their cordial satisfaction in those laws and 
 institutions which the other sort of petitioners have impugned. Such 
 a body is far too numerous, and many of the individuals composing it 
 are far too considerable in their station and character to justify the 
 supposition that they can be in a state of dependance on the local gov- 
 ernment, or controlled by any unworthy influence in their public con- 
 duct. I am driven to the dilemma of either supposing this great mass 
 of the people of Upper Canada ignorant or corrupt, or of concluding 
 that a very small minority of the whole population concur in Mr. Mac- 
 kenzie's views. The former supposition is as improbable as it is of- 
 fensive. — The latter, however contradictory to ^ r. Mackenzie's as- 
 sertions, is verified by many of the particular facts which he has ad- 
 Tanced or admitted; but though I conceive this gentleman's constitu- 
 ents to be opposed by the general current of public opinion, 1 do not 
 
sduced with 
 :ussion, and 
 ore conven- 
 
 at I remark 
 ingularly ill 
 )rtance to a 
 or however 
 to withhold 
 for the pub- 
 
 I leisure as I 
 i\y small ho- 
 ve no reason 
 contrary de- 
 heni. 
 
 as speaking 
 a, excepting 
 sed to those 
 have a very 
 be aware of 
 vanced upon 
 
 ;tory not ex- 
 course, pre- 
 les necessary 
 jetorieal era* 
 easured tone 
 
 pzie's views 
 igned on the 
 )efore me no 
 P9, Districts, 
 ^54 persons, 
 ose laws and 
 gned. Such 
 composing it 
 justify the 
 he local gov- 
 f pu 1)1 ic con- 
 is preat mass 
 if concluding 
 in ^'r. Mac- 
 le as it is of- 
 [•kenzie's as- 
 h he has ad- 
 m's constitu- 
 ion, I do not 
 
 in the sliehtest degree mean to dispute their collective or individ»al 
 respectability, and there is no class of the Canadian people, howerer 
 small, nor individual amongst them, however obscure his station, fed 
 whose petitions His Majesty does not require that the most exact and 
 •respectful attention should be given. 
 
 I sliall, in the first place, advert to the paper to which Mr. Macken- 
 sie has given the title of " Observations on the state of the represen- 
 tation of the people of Upper Canada, in the Legislature of that Prov- 
 ince." In performing this task, however, I must decline to pursue 
 the discussion into those redundant and misplaced details with which 
 Mr. Mackenzie has encumbered it. Thus, for example, I shall pass 
 over in silence whatever is stated respecting the case of Mr. Stuart, 
 the Attorney-General of the adjoining Province, and the state of the 
 borough of William Henry, for the representation of which, in the 
 Assembly, Mr. Stuart was a candidate ; neither shall I enquire into 
 the justice of the reproaches with which Mr. Mackenzie assails the 
 conduct of former administrations, both in this kingdom and Upper 
 Canada, upon occasions which have long since passed away, and ques- 
 tions now become wholly obsolete. I can address y9u only for some 
 practical purpose, nor is there any measure suggested by the Petition- 
 ers or their Agent with a view to which, such a retrospect seems to me 
 either necessary or desirable. I must add that if it were fit to review 
 (he past history of the Province, it would be impracticable to assume 
 Mr. Mackenzie's paper as the basis of such an enquiry, since it is 
 drawn up in an utter disregard of method, and in such a manner as to 
 render the difficulty of distinguishing between assertion and proof, de- 
 liberate statements and the exaggerations permitted to an advocate, al- 
 most insuperable. I shall limit myself to the single consideration whe- 
 ther he has brought to light any grievances, for which His Majesty, 
 in the legitimate exercise of the authority or influence of His Goverh- 
 ment, can be called upon to remedy. 
 
 The great object of Mr. Mackenzie's censure is the Election Law, 
 which was passed by the Lieutenant Governor, Council and Assembly 
 of Upper Canada, in the year 1820. I might, perhaps, not without 
 reason, raise a preliminary objection to the discussion of that question 
 at all. If the Election Laws of the Province require amendment, the 
 change must originate not with the Executive Government, but with 
 the popular branch of the local Legislature. Any interference of the 
 Ministers of the Crown would be reprobated probably by Mr. Mac- 
 kenzie himself, and certainly by his brother journalists, as an uncon- 
 stitutional encroachment. If therefore I advert to the question at all 
 it is because, in the prospect that such a discussion will be provoked, 
 by the Petitioners, 1 think it fit that you should be apprised of the 
 views which His Majesty's Government entertain on this subject, that 
 you may not be destitute of a rule for your guidance in the acceptance 
 or rejection of any bill which may be passed by the Legislative Coun- 
 cil and Assembly for the amendment of the Election Laws. * 
 If I have found occasion to lament the redundancies, I cannot less 
 
 m 
 
't \ 
 
 il. 
 
 so 
 
 regret the deficienciies of Mr. Mackenzie's documents. H; has tra* 
 yelled through this protracted di.scusaion without (inJins; hi msdf called 
 upon to notice, still less to ref*ite the arguments by which it has been 
 n^ual to vindicate the conslitutiori of ths Provincial llou^e of Assem- 
 bly. Yet |t is iinposiible that he can be ignorant of them, nor credi- 
 ble thit he should regird them as deficient, at least in plausibility. — 
 An i^^norant reader of his papers mi;j;ht he left with the impression 
 that the question was altogether new, and that the existing constitu- 
 tion had never been vindicated on the principles and on the example 
 qf the most free and independent governments. Mow utterly remote 
 this is from the fact, is clear to every man whose attention has been 
 ffiven to the affairs of Upper Canada, for tiie last few years. Mr. 
 Mackenzie has therefore imposed on me the necessity of drawings 
 general outline of that defence of the law of 1820, which he has pass- 
 ed over in silence, but which is far too important to be disregarded by 
 any fair and impartial inquirer. 
 
 It is a fact familiar to all who are conversant with the Losfislative 
 history of North America, either in the United States or in the hritish 
 possessions that a problem of no light difficulty has continually arisen 
 respecting the distribution of the Elective Franchise amongst the in- 
 habitants resident in diffei-ent parts of the same State or Province.-— 
 The surface of the country is generally divided for political purposes 
 into sections of nearly equal areas, but those counties or townships 
 which are in the immediate vicinity of the capital or which are inter- 
 sected by great navigable streams, or boundc^l by lakes, are peopled 
 with far greater rapidity than the more remote Districts. Hence il 
 has frequently happened that a single metropolitan or trading county 
 has contained a population exceeding in wealth and number ni^ny new- 
 ly settled counties of similar dimensions. Accordingly, when capital 
 , Und numbers have been made the exclusive basis of the representa- 
 tion, one portion of the State or Province has acquired an influence in 
 the Legislature which has reduced to comparative ii;significance the 
 weight of all the other divisions of the country. The favoured Dis- 
 trict has thus been able through its represontatives to throw upon the 
 less fortunate sections, a most unequal vveii!;ht of taxation, and to re- 
 fuse to them a fair participation in the benefits of the judicial and oth- 
 er institutions, to the support of which the revenue was applied. Lo- 
 cal interests have predominated over the general interests, and discon- 
 tents have been engendered, threatening the stability of the Govern- 
 ment and tending to an abrupt severance of one part of the State or 
 Province from the rest. 
 
 In the State of Maine, as 1 am informed, this difficulty was so sensi- 
 bly felt as to have led to the introduction of the system adopted in Up- 
 per Canada in the year 1S20. In apportioning the elective franchise 
 among the inhabitants, the Legislature did not confine its attention ex- 
 clusively to the question of property and of numbers, but introduced a 
 new element into the calculation. They considered that a small nun»> 
 ber of persons occupying one county might reasonably claim as lar^a 
 
 i 
 
911 
 
 'm has tra« 
 self called 
 t has been 
 of Assera- 
 
 nor credi- 
 jsihility.-^ 
 impression 
 g constitu* 
 lit! example 
 ?rly remote 
 n ha3 been 
 sars. Mr. 
 
 drawing a 
 le has pass- 
 'egurded by 
 
 F-oisislative 
 I tiio British 
 ually arisen 
 ngst (he in- 
 Province.-— 
 cal purposes 
 I- townships 
 ch are inter- 
 are peopled 
 Hence it 
 iding county 
 r niony new- 
 rthen capital 
 representa- 
 influonce in 
 lificance the 
 voured Dis- 
 )\\' upon the 
 , and to re- 
 cial and oth- 
 jplied. Lo* 
 , and discon- 
 ihe Govern- 
 the State or 
 
 was so sensi- 
 opted in Up- 
 ive franchise 
 attention ex- 
 introduced » 
 a small num> 
 laiin as lac^d 
 
 a share in tlie Representation as a much larger and wealthier body o^ 
 eupying another county of equal dipiensions. By this method meQ»> 
 bers were drawn from every part of the Province : the local wants of 
 •very part were explained, and the interests of each vindicated. In 
 « densely peopled country like Great Britain, possessing such internal 
 communication as to secure the immediate diflusion of intelligence 
 from one end of the kingdom to the other, this precauti(tn might be tha 
 less necessary, since no part is so remote or inaccessible as not to ba 
 rapidly reached by information of every projected law, or as to be des- 
 titute of the means of making an eatly protest against any measure in- 
 jurious to its welfare. Yet even in (hi:< kingdom, where the subject 
 has within the last two years undergone the most public and rigid scr»>- ( 
 tiny, no one, so far as I am aware, has seriously advanced the opinion 
 ♦hat the Representation of the n.etropolis shoidd bear to that of tha 
 country at large the proportion wliich the wealth or population of Loi>- 
 don bears to that of Kngland collectively. 
 
 Such a principle would have given to the metropolitan districts ba- 
 tween forty and fifty members, a scheme which 1 need scarcely say 
 would have been rejected by the entire body of the people, as altog^ 
 iher unecjual, though resting upon a foundation of the most perfect 
 nominal equality. 
 
 It appears, however, to have been perceived by the Upper Canadian 
 Assembly, in the year 1820, that by simply a 'opting the rule to which 
 I have referred, they might extricate the Province from one dilBculty 
 at the expense of another yet more considerable. A county might 
 contain a very inconsiderable body of persons for some time after it 
 was first redeemed from the wilderness, and thus a choice ofmembera 
 might virtually be committed to a very few electors, who might thenk- 
 selves be subject to some unworthy influence^ It was therefore re- 
 quired that no county shouUi be represented in the Assembly by a dis- 
 tinct member until the inhabitants numbered one thousand, at least. — 
 But with the foresight which is perceptible in every part of this law, 
 it seems to have been perceived that there was considerable danger in 
 leaving any body of new settlers wholly unrepresented ; and to obviata 
 that inconvenience, the inhabitants of each county whilst yet below 
 the required number, were authorised to vote in the least populous 
 adjoining county. 
 
 Thus without being betrayed into a sacrifice of the substance of good 
 government by a superficial attention to a merely nominal equality, tha 
 Legislature of Upper Canada, in the year 1820, justified the confidenca 
 reposed in them by the constitution. They were too conversant with 
 the real business of life to suppose that a great social system could ba 
 practi; il'y carried on without advancing a little beyond the most ob- 
 vious and elementary maxims, or that the inevitable intricacy of tha 
 public aflTuirs of the Province could be met without some degree of 
 complexity in its political institutions. They therefore embraced ia 
 Iheir law provisions for the protection of all classes, however obscupa 
 and remote from the notice of the local Government, for the control ff 
 
 I 
 
 ' Vt 
 
M 
 
 that undue influence which mere wealth and density of population 
 .'Would, otherwise, have exercised, and for the gradual enlargement of 
 the representatire body as the constituency should itself increase. 
 
 I cannot suppose that a gentleman who has taken so active a part in 
 the affairs of the Province as. has fallen to the share of Mr. Mackenzie, 
 should have been really unapprised of considerations so familiar to er- 
 ery man acquainted with the subject as these to which I have advert- 
 ed, though as a controversial writer he may perhaps have not. consult- 
 ed ill for the momentary success of this argument, in suppressing all 
 Allusion to them. 
 
 I proceed to the next objection which Mr. Mackenzie has made to 
 the Act of 1820, which, in his own language is, that it created a " bo- 
 rough interest." In less invidious terms the fact appears to be that it 
 gave one member to every town in which the Quarter Sessions of the 
 District might be holden, and which contained, at least, one thousand 
 inhabitants. Those towns were, therefore, placed in precisely the 
 same predicament as the counties of the Province. Now if Mr. Mao- 
 kenzie's principle, that wealth is the proper criterion, be just, this civie 
 representation was wisely established, for it can scarcely be denied 
 that one thousand persons inhabiting the same town will, generally, be 
 the proprietors of a larger collective capital than a rural population of 
 the same extent. If the principle of numbers be correctly assumed by 
 Mr. Mackenzie, then, also, it follows that the Towns were rightly en- 
 franchised, since it is in the Towns that the most rapid enlargement of 
 population usually takes place, and since if members had been refused 
 to them on the ground of paucity of numbers a similar refusal must 
 liave been extended to all the newly settled counties. But I greatly 
 understate the argument. A town possessing a thousand inhabitants 
 will yield a much larger number of actual voters than a county equally 
 populous, supposing the qualification to t)e, in either case, of equal 
 amount. In the one case the franchise is exercised with the greatest 
 facility, and in the other at an expense of time and labour, which, con^ 
 paratively, few will incur. Nor can I forget that, in every part of the 
 world, civic population is more intelligent and more disposed to watch 
 over public subjects, than a rural population of equal numbers ; because 
 the first enjoy the constant advantage of mutual intercourse, and co- 
 operation in public affairs, of which the latter are in a great measure 
 destitute. It is not at all surprising that so enlightened a people as 
 are the great body of the inhabitants of Upper Canada should have ex- 
 pressed in very strong terms' their dissent from the views which Mr. 
 Mackenzie thus advocates ; or that a people so conspicuous for their 
 zeal for civil liberty should be so decidedly opposed, as by their peti- 
 tions they appear to be, to plans which would sacrifice its substance to 
 a very superficial theory. 
 
 It is further objected that the law of 1820, placed the projected Uni- 
 versity in the list of constituent bodies, and from the terms of the char- 
 ter subsequently issued, it is inferred that the University was to be- 
 come what is termed " a nomination borough, under the especial pa- 
 
population 
 argement of 
 icrease. 
 ve a part in 
 Mackenzie, 
 miliar to er- 
 lave advert" 
 not. consult- 
 ppressing all 
 
 has made to 
 iated a " bo> 
 to be that it 
 Bsions of the 
 me thousand 
 recisely the 
 if Mr. Mao- 
 ist, this civie 
 Y be denied 
 jenerallj, be 
 population of 
 r assumed bj 
 e rightly en- 
 ilargement of 
 been refused 
 refusal must 
 3ut I greatly 
 d inhabitants 
 lunty equally 
 ie, of equal 
 
 the greatest 
 I which, con>- 
 *y part of the 
 ised to watch 
 ers; because 
 Lirse, and co« 
 eat measure 
 
 a people as 
 )uldhave ex- 
 ^s which Mr. 
 ous for their 
 )y their peti- 
 
 substance to 
 
 rojected Uni- 
 s of the char- 
 y was to be- 
 especial pa- 
 
 tronage of the Church and State." I should scarcely have anticipated 
 that any man, and least of all a man devoted to literary pursuits, would 
 have denied the propriety of giving a representation to the principal 
 seat of learning in tiie Province. It would be superfluous to expatiate 
 on the impoitunce of institutions for the education of youth in literap 
 turc, science and rpligion, csppcially in a newly settled country, and I 
 am well assured lliat neither in the Council nor Assembly could a sin., 
 gle gonilcnian be found who would not glailly receive as a colleague a 
 p^son representing the collective body of litoary and (icientiric men 
 in ILJpper Canada, or who would not gladly support, by that distin^ 
 guished honor, the cnuae of sound learning. 
 
 You will observe that I do not here ref:.'r to an University constitut- 
 ed in the manner proposed by the original charter of incorporation. — 
 Every man in Canada, however, knows, nor could Mr. Mackenzie 
 have been iiiiiomnt, that so far from any anxiety having been felt by 
 the King's Ciovernment to maintain that charter ag.tinst t e wishes of 
 the great majority of the people, every 'possible measure has been tak- 
 en to refer to their reprc'.'-entatives the decision of the question, in 
 what form and on what piinci|>les the College should he founded. It 
 is irdeed Mr. Mackenzie's funune to be opposed to a large majority 
 of the House of Assembly ; but it can scarcely be expected that in de- 
 ference to any individual, or to the small, though respeclahle, minori- 
 ty for whom he acts, the King's Government should entertain the 
 ■lightest distrust of the wisdom or fairness of the resolutions w hich it 
 may be the pleasure of the Assembly to adopt on this or any othet 
 •ubject. 
 
 It is next mad'» the snhject of complaint that the law as interpreted 
 by the Court of Kins':* Bench entitles the county members only to wa- 
 ges, and that the efforts of snciessive houses to ensure a ceitain de- 
 gree of pecuniary independence to the new village representation has 
 been rendered ineffectual l»y the Legislative Council. On what grounds 
 the objections of the Council may rest 1 am not distinctly apj^ised. — 
 I might indee :! conjeeture their reason to have been that counties 
 could with difficulty iind representatives within themselves on other 
 terms, while towns will always possess commercial and other inhabit- 
 ants to whom a temporary residence at the seat of government would 
 be attended with no inconvenience. I have no right to interfere with 
 the deli:)erations of the Council, but I am alile to signify to you Hi» 
 Majesty's pleasure th.it you should not oppose any olijection to any 
 law which may be pre^^ented for your acceptance, for pir.cing the Town 
 and the County Representatives on the same footing in this respect. 
 
 It is made a subject of complaint that in the year I S3 1, attempts 
 were made first to deprive the li«nd owners of the honor of assessing 
 themselves to pay their members, wages, and secondly to establish the 
 right of voting in persons possessing a license for the occupation of 
 Crown Lands without having actually received a grant, and that the 
 last of these schemes was revived 18-27. l will not pause to investi- 
 gate the propriety of measures which were never carried beyond an 
 
84 
 
 
 ineffectual attenpt. It ia enough for me to know that upon subjeeti 
 strictly within their cognizance, the House of Assembly adopted a de- 
 cision bv which any such projects were frustrated. Whether they 
 are well judged or otherwise the King's Government are not in any 
 sense responsible for them, and the discussion of public affairs would 
 be utterly interminable if every unsuccessful motion made several 
 years ago in either House of the Provincial Legislature were to bt 
 made the subject of censure and enquiry, at any distance of time. 
 
 The remark that various religious bodies are excluded from the 
 elective franchise because their members cannot conscientiously take 
 an oath, raises a question which well deserves serious conisideration. 
 You will call upon the Law Officers of Upper Canada to report what 
 is the law on this subject. You will have the goodness to acquaint 
 me whether you perceive any practical objections to placing the vari* 
 ous denominations of christians mentioned by Mr. Mackenzie on the 
 same footing, in this respect, as the Society of Friends. I shall be 
 happy to introduce a bill into Parliament for amending this part of the 
 Constitutional Act of 1791, unless there should appear to be some dif- 
 ficulty in that measure which does not occur to me at present. 
 
 Mr. Mackenzie then objects to the law which requires that every 
 member of the House of Assembly should possess an unincumbered 
 estate in land assessed at £80 or upwards. This regulation he attri- 
 butes to the Officers of the Government. On what grounds they are 
 entitled to the credit, or responsible for the discredit of having origin- 
 ated this law, does not appear, nor does that question seem to myself 
 of much importance. I will not digress into the discussion of the great 
 general principle involved in this enactment. Should any bill for the 
 amendment of it be reserved for His Majesty's consideration, I can on- 
 ly state, that the most careful attention will be bestowed upon th» 
 subject. 
 
 It is, however, not to be overlooked, that the Government are said 
 to have retained in their own hands the possession of all the uncleared 
 territory, that they might thus avail themselves of the last mentioned 
 law, and qualify a favorite whenever it might be deemed expedient 
 I might, perhaps, not unreasonably express my surprise that Mr. Mac- 
 kenzie, acting as the delegate of so many persons in Canada, should 
 have passed over in silence the fact that His Majesty had been gracious- 
 ly pleased, upon my humble advice, to interdict the gratuitous disper- 
 sal of the Crown Lands, and to render them all the subject of public 
 competition, to the utter exclusion of any such favoritism as is thus de- 
 precated. 
 
 If the law which disqualifies any British subjects from voting at ele** 
 tions till the expiration of seven years after their return from a resi- 
 dence in a foreign country, be still in force, I subscribe to Mr. Macken- 
 zie's opinion, that it cannot be too soon repealed ; and you will ado{4 
 all constitutional means in your power for promoting the repeal of it. 
 On this subject I concur in Mr. Mackenzie's reasoning, however much 
 I may be disposed to think that the weight of his arguments woulid 
 
»n subjeetf 
 opted a de- 
 lether thej' 
 
 not in anj 
 fairs would 
 ide several 
 
 were to b|i 
 f time. 
 1 from the 
 tiously take 
 nsideration. 
 report what 
 to acquaint 
 ig the vari- 
 inzie on the 
 I shall be 
 s part of the 
 be some dif- 
 ent. 
 
 s that everj 
 lincumbered 
 ion he attri- 
 nds they are 
 aving origin- 
 im to myself 
 1 of the great 
 r bill for the 
 on, I can on- 
 ed upon the 
 
 nent are said 
 he uncleared 
 st mentioned 
 d expedient 
 lat Mr. Mac- 
 nada, should 
 een gracious^ 
 uitous dispo 
 ect of publi* 
 as is thus d»> 
 
 roting at ele«^ 
 from a res> 
 Mr. Macken- 
 ou will adopt 
 repeal of it. 
 )wever much 
 tnents woulli^ 
 
 85 
 
 have been enhanced had he confined himielf to the use of language 
 more in accordance with the ordinary tone of official communications 
 than that which he has chosen to employ. 
 
 I must entirely decline, as perfectly irrelevant to any practical ques- 
 tion, the enquiry whether at a comparatively remote period, prosecu- 
 tions against the Editors of newspapers were improperly instituted or 
 not. It is needless to look beyond Mr. Mackenzie's journal to be con- 
 vinced that there is no latitude which the most ardent lover of free 
 discussion ever claimed for such writers, which is not enjoyed with 
 perfect impunity in Upper Canada. 
 
 The law of 1818, which prohibited public meetings, is again made a 
 subject of remonstrance, although it was repealed two years afterwards. 
 To what end such complaints are preferred, I am wholly at a loi^s to 
 surmise. Yet it is not unimportant to remark, that the Assembly 
 which repealed this Statute was, if I mistake not, the same which en- 
 acted the election law, and that the zeal which they avowedly exhib- 
 ited for the liberties of the people in the one case, is scarcely consist- 
 ent with the imputations made by Mr. Mackenzie against their motives 
 in the oiiher. 
 
 It in not a little singular that in the present year I should receive a 
 lengthened repetition of the complaints upon the alien question, which 
 came before me in the year 1827, when I formerly held the seals of 
 this department. Mr. Mackenzie describes the instructions which I 
 then issued '* as just and equitable,'* and as having *' removed one 
 grand cause of discontent." I do not feel therefore, that after the 
 adoption of a measure so characterized, I can be again required to en- 
 ter upon a detail of the very grievances for which it is admitted that 
 an effectual remedy has been provided. 
 
 In following the order adopted by Mr. Mackenzie, I next reach a 
 statement that the local government encourage dependent persons 
 holding offices at pleasure, and " debarred by the laws of England from 
 being concerned at elections, to use the great influence attendant upon 
 office, to secure seats in the representative body, in order that its voice 
 may be wholly under executive control although," adds Mr. Macken- 
 zie, " it is an undoubted truth that the interests of the local authorities 
 and those of the colonists are separate and distinct." As a writer ha- 
 bitually engaged in political controversies, Mr. Mackenzie may not be 
 fully alive to the injustice of advancing charges against the servants of 
 the public, unsupported by distinct evidence of their truth ; but it is 
 my duty to refuse credit to such imputations as I have quoted, unless 
 they should be clearly substantiated by evidence. For widely as I 
 dissent from the assertion so confidently made, that the interests of 
 the local government are distinct from those of the inhabitants at large, 
 I admit that an abuse of the influence attendant upon office, for the 
 purpose of exercising an improper control over elections, would justly 
 expose to the heaviest censure those to whom it could with truth be 
 imputed. On this subject, however, in the absence of any more de- 
 finite statements, I can only instruct you that His Majesty expects and 
 
 f i» 
 
 
 « 
 
36 
 
 Tvquires of you neither to practice, nor to allow on the part of thoro 
 who are otficiully Bubonlinale to }-ou, any interference with the right 
 of his subjects to the free and unbiassed choice uf their Ueprcsenta- 
 lives. 
 
 It is represented (hat with ^ view to raise up and multiply the friends 
 of arbitrary and exclusive principles, persons in authority, in und out 
 of the Assembly, resist all plans of general education, tind ihat places 
 of learning are established only for the children of those wha hold Go- 
 vernment offices, and a few other influential and wealthy individuals. 
 It is not easy to repress the expression uf those feelings with which 1 
 cannot but receive such unworthy imputations upon the character of so 
 many upright and enlightened men, unsupported by any proof whatev- 
 er, except a general reference, which 1 am unable to vcrifv, to a report 
 «aid to have been made on some occasion by the present Chief Justice 
 of the Province, on the case of Mr. Osgood. 
 
 Even assuming, which is most improbable, that Mr. Robinson real- 
 ly obstructs to the utmost of his power the advance of general educa- 
 tion and knowledge, from the base motives so lightly imputed by Mr. 
 Mackenzie, 1 utterly deny that the King's Government, either in this 
 country or in Upper Canada, are responsible for the opinion which 
 Mr. Robinson may some years ago have advocated in the Mouse of 
 Assembly. It is, however, not unimportant to advert to this subject, 
 because Mr. Mackenzie cannot assert more peremptorily than I deny 
 the exij^tence of any such narrow and preposterous pnlicy as that of 
 consigning the children of the yeomanry to ignorance, le.st knowledge 
 should render them independent in action or in thought. On the contrary, 
 there is no one object connected with every part of 1)13 extensixe do- 
 minions which His Majesty has more at heart than the general diffu- 
 sion of sound knowledge in the legitimate and most enlarged sense of 
 that term. This is not merely the first/and highest interest of society, 
 but is essential to the right use and peaceable enjoyment of every oth- 
 er civil and social privilege. The Legislature of Upper Canada have 
 already been invited to consider in what manner the University can bo 
 best constituted for the general advantage of the whole society ; and 
 His Majesty has studiously abstained from the exeicise of his undoubt- 
 ed prerogative of founding and endowing literary or religious corpora- 
 lions until he should obtain the advice oif the Representatives of the 
 people for his guidance in that respect. In the same spirit, His Ma- 
 jesty now directs me to instruction to forward to the very utmost ex- 
 tent of your lawful authority and influence, every scheme for the ex- 
 tension of education amongst the youth of the Province, and especial- 
 ly among the poorest and most destitute of their number, which may 
 be suggested from any quarter with a reasonable prospect of promoting 
 that great design. All minor distinctions should be merged in a gene- 
 ral union for this important end ; and that the head of that union, the 
 local government should be found encouraging and guiding, and to th« 
 utmost of its power assisting all the efforts which may be made to cre- 
 ate or to foster a taste for intellectual enjoyments and pursuits. A 
 
irt of thora 
 th the right 
 iiepresenta- 
 
 ' the friends 
 , in und out 
 I hat places 
 ho hold Go- 
 individuals. 
 Mth which 1 
 u'ucter of so 
 oof whatev- 
 , to a report 
 hief Justice 
 
 hinson real* 
 
 icral educa- 
 
 jted by Mr. 
 
 ither in this 
 
 inion which 
 
 le Mouse of 
 
 this subject, 
 
 than I deny 
 
 y as that of 
 
 : knowledge 
 
 ho contrary, 
 
 Uensixe do- 
 
 ^neral diffu- 
 
 ;ed sense of 
 
 t of society, 
 
 f every oth- 
 
 /anada have 
 
 jrsity can be 
 
 iciety ; and 
 
 lis undoubt- 
 
 >us corpora* 
 
 ives of the 
 
 it, His Ma* 
 
 utmost ex- 
 
 for the ex- 
 
 id especial- 
 
 which may 
 
 f promoting 
 
 d in a gene* 
 
 t union, the 
 
 and to the 
 
 aade to cre- 
 
 ursuits. A 
 
 large portion of the unappropnated wilderneps has already been eel 
 apart for the purpose, if any other system of local assetsiieAt» fdr 
 the building of school houses and the maintenance of T«aetNH'l|Shottld 
 be thought desirable, your assent will of course^ be ebeerfully given 
 to any such law. Or if the Provihoial Legislature should be of opiQ- 
 ion that such funds weuld be more advantaceettsly raised by a general 
 duty, of Which they would retain to themsMVes the specific appropria* 
 tiioin from year to year, I should hail with tb« utmost satisfaction, th* 
 enactment of a. statute of that nature. Tbia^ however fs a iubjf ct ip- 
 volving so many and minute details, that it is, of course, impossible % 
 me toadvapee beyond the expression of a general but most earnest so- 
 licitude for the furtherance of Ihe causer of education, in its most com- 
 prehenMive sense, in Upper Canada. Confident in your own concur- 
 rence, and in that of the members of the Legislature in those views,; I 
 cheerfully iremit to you and to them the office of originating the neces- 
 sary plans for reducing the general principle into a definite shape, re* 
 auiring of yourself in the first instance only, that you should quicken 
 the attention of the Legislative Council and Assembly to this subject, 
 should you have reason to apprehend that it is in danger of being 4|vir- 
 looked or forgotten. * 
 
 Mr. Mackenzie aVinounces. his design to deliver separate papers res- 
 p€|cting the organization of the Legislative Council, JEind, in the mean 
 time, assails that body with charges in the highest degree derogating 
 from their character, though too vague to admit of any precise discus- 
 sion. Amongst these general charges, I, however, find a statement* 
 that (he " Government has annually supplied itself with the revenues 
 of the Province, utterly disregarding every resolution of the Assem- 
 bly, in the tenth Parliament to correct the evil. Information even 
 (he adds) as to the objects to which the people's money is applied, 
 is annually refused, in respect to a great part of the funds of the Colo- 
 ny, by the Colonittl Governors, to unanimous addresses of suceessivo 
 Assemblies — 'the Royal Instructions being the plea of such refusals.*' 
 To whatever facts the writer may in this passage refer, I.am happy; in 
 an occasion of stating to you, that if the Royal Instructions are suppos- 
 ed to forbid the most unreserved communication to the House of As- 
 sembly of the manner in which the public money of the Province, from 
 whatever .source derived, is expended, such a construction is foteign 
 to His Majesty's design. There is no portbn of the Royal revenue, 
 whether the proceeds of Crown Lands or from whatever other source 
 derived, of the employment of which the House of Assembly should 
 not have the most ample and particular information which they may at 
 any time think proper to call for. Nothing, is to be gained by a con* 
 cealment upon questions of this nature, and a degree of suspicion and 
 prejudice is not rarely excited, which, however ill founded, often ap- 
 pears in the result, to be incurable. 
 
 Mr. Mackenzie condemns the present House of Assembly not less 
 veberaenlly than the local Government and the Legislative Council, 
 representing ^hat they were chosen by the people in a state of dejee», 
 
 
1 
 
 tion and despondency as to the Reform of abuses. To sustain his ar- 
 gument he is thus compelled to draw a picture of the Canadian char- 
 acter, in which I am confident he does His Majesty's subjects, at large, 
 great injustice. I am well persuaded that no people on earth are less 
 likely to yield themselves to the unmanly weakness of despairing of 
 the public good, and of betraying their own most sacred duties in so 
 pusillanimous a spirit. And in truth, Mr. Mackenzie must have per- 
 suaded himself that a degree of ignorance exists in this country res- 
 pecting the affairs of Canada which would be absolutely ludicrous, if 
 he can really expect credit for the statement that in the year 1830, an 
 utter despair of vindicating the public liberties had taken possession 
 of the mind of the inhabitants. 
 
 I deeply regret that in some parts of his papers Mr. Mackenzie 
 should have left in much obscurity the simple matters of facts which it 
 might have been really important to consider. Thus he speaks of 
 preachers taught to meddle in the political quarrels of factions and 
 parties, and of their leaders being ** accommodated with seats in the 
 political councils of the State, and of the Government keeping in pay 
 a political priesthood." It would surely have been as impressive and 
 more useful to have stated that the Bishop and the Archdeacon are 
 both on the list of the Legislative Council, but that it is expected of 
 those gentlemen that they should altogether abstain from interference 
 in any secular matters which may be agitated at that board. Wheth- 
 er even under this restriction their holding such seats is really desira- 
 ble, is a question upon which I am fully prepared to listen with the 
 utmost attention to any advice which 1 may receive from yourself, 
 from the House of Assembly, or from any other competent authority. 
 I have no solicitude for retaining either the Bishop or the Archdeacon 
 on the list of Councillors, but am, on the contrary, rather pre-disposed 
 to the opinion that by resigning their seats they would best consult 
 their own personal comfort, and the success of their designs for the 
 spiritual good of the people. But any such resignation must be volun- 
 tary since the office is held for life, and were it otherwise, no consid- 
 eration could induce me to advise His Majesty to degrade the Bishop 
 or the Archdeacon from the stations they occupy, except upon the 
 most conclusive proof of misconduct. But even Mr. Mackenzie does 
 not impute any violation of duty to them. With respect to the charge 
 shewing an undue preference to preachers of religion belonging to the 
 established chuicherof this country, it is so utterly at variance with 
 the whole course of policy which it has been the object of any des- 
 patches to yourself to prescribe, that I cannot pause to repel it in any 
 formal manner. 
 
 Much complaint is made of the expense of elections, and it is said 
 that public officers are enabled by their superior affluence to overpow- 
 er by a lavish and corrupt expenditure those who have no other re- 
 commendation than their personal character. If there is the least 
 foundation for this complaint as to the expense of elections (which I 
 haye not the means of ascertaining) you will signify to the Legislative 
 
 bodies 1 
 ty that 
 would I 
 narrow 
 if it sh( 
 it is rey 
 the cole 
 ries reci 
 of this < 
 Mr. ? 
 tation w 
 motion, 
 tee, but 
 jority in 
 which n 
 except b 
 on recei 
 took one 
 hers for 
 It suit! 
 tive Gov 
 presental 
 supportec 
 whom he 
 Governm 
 occasion 
 not diffici 
 the Legis 
 tion Lawij 
 censure fJ 
 ever, not| 
 of any 6'ii 
 refuse up] 
 House of I 
 that body! 
 ed was wi 
 would coi 
 Mr. Mj 
 and civil 
 ada and .t\ 
 would be 
 concern a| 
 quate ex| 
 every nu 
 mind. Tl 
 extort frof 
 no adequs 
 opinions 
 
39 
 
 tain bis ar- 
 idian char- 
 is, at large, 
 th are less 
 ispairing of 
 luties in so 
 t have per- 
 ountry res- 
 iidicrous, if 
 ar 1830, an 
 possession 
 
 Mackenzie 
 :ts which it 
 ! speaks of 
 actions and 
 seats in the 
 ping in pay 
 ressive and 
 deacon are 
 expected of 
 nterference 
 1. Wheth- 
 ;aUy desira- 
 m with the 
 m yourself, 
 t authority. 
 A.rchdeacon 
 ire-disposed 
 test consult 
 ligns for the 
 st be volun- 
 , no consid- 
 the Bishop 
 )t upon the 
 kenzie does 
 3 the charge 
 nging to the 
 riance with 
 of any des- 
 lel it in any 
 
 ind it is said 
 to ov^rpow- 
 10 oiher re- 
 is the least 
 ns (which I 
 ; Legislative 
 
 bodies that it is the earnest desire and recommendation of His Majes- 
 ty that every practical method should be taken for correcting what 
 would be so great an evil, by reducing the cost of elections within the 
 narrowest possible limits. 1 cannot however omit observing that even 
 if it should turn out to be true that the cost of elections is as great as 
 it is represented to be, the official return of the civil establishment ef 
 the colony sufficiently shews that it is 4uite impossible that (he sala- 
 ries received by public servants can enable them to avail themselves 
 of this circumstance in the manner which has been alledged. 
 
 Mr. Mackenzie states that an enquiry into the state of the represen- 
 tation was instituted by the present Tlouse of Assembly on his own 
 motion, and he has transcribed the resolutions adopted by the commit- 
 tee, but he adds that " such propositions were not suitable to the ma- 
 jority in the present Assembly," that they appointed a new committee 
 which reported that no alterations were required in the existing laws, 
 except by giving the County of York an additional member, and that 
 on receiving this report, the Mouse instead of giving York a member 
 took one from it ; and as I understand increased the number of mem- 
 bers for the District of Bathurst. 
 
 It suits the present view of this gentleman to call upon the Execu- 
 tive Government to censure and dissent from the resolutions of the re- 
 presentatives of the people, adopted after two solemn enquires and 
 supported by a body of Petitioners far exceeding in numbers those for 
 whom he acts. In what' language, however, such an interference of 
 Government would be denounced by Mr. Mackenzie himself on any 
 occasion on which he cancurred with the majority of the House, it is 
 not difficult to conjecture. It cannot be expected that any decision of 
 the Legislature upon a subject of so much general interest as the Elec- 
 tion Laws should escape without the most vehement and unmeasured 
 censure from the parties unfavourably affected by it. Looking, how- 
 ever, not to individual but to general interests, not to the excitement 
 of any dissatisfied party, but to permanent principle, I must positively 
 refuse upon a question so peculiarly within the cognizance of the 
 House of x\ssemhly to place the King's Government in hostility with 
 that body. I have every reason to suppose that the course they adopt- 
 ed was wisely taken : and even if I thought otherwise their authority 
 would compel me to distriist my own judgm^t. 
 
 Mr. Mackenzie has concluded this paper by predictions of bloodshed 
 and civil war, and a dissolution of the connection between Upper Can- 
 ada and .this kingdom. He may well suppose that such a prospect 
 would be regarded by His Majesty's Government with a degree of 
 concern and anxiety to which it would be difficult to give any ade- 
 quate expressions. But against gloomy prophecies of this nature, 
 every man conversant with public business must learn to fortify I is 
 mind. They have ever been the resource of those who endeavor to 
 extort from the fears of government concessions, in favour of which 
 no adequate reasons could be urged. I will not adopt the injurious 
 opinions which Mr. Mackenzie seems to entertain of the people of Up* 
 
in 
 
 \i' 
 
 .f 
 
 
 
 •i: i 
 
 40 
 
 per Canadt. I rfejcfet iia a libel on that loyal and enlightened raelB of 
 m^n, the supposition that they would violate their sworn fidelity to 
 the King, and desolate their native land with blood, because His Ma- 
 jesty defers to the judgment of His Faithful Commons in Provincial 
 Parliament assembled, supported by large bodies of the most respect- 
 able and numerous petitioners, rather than to the opinions of a far less 
 numerous, though probably a highly respectable portion of his subjects. 
 J will not for a moment speculate upon the probabilities of such a re- 
 Tolt. It is a subject which it would be utterly indecorous to agitate. 
 The people of Upper Canada have the highest claims to the attach- 
 ment of Jheir Sovereign and of the British nation; and whatever ef- 
 forts may be made to excite discontents amonjs; them they will, I am 
 persuaded, believe that His Majesty and the Parliament of this King- 
 dom, in common with the entire mass of the population of Great Bri- 
 tain and Ireland, cherish towards them no other sentiments than those 
 of the most profound respect for their constitutional rights, and the 
 most earnest desire for their social welfare. In that spirit His Majes- 
 ty's Ministers are, and have ever been, prepared to refer (o the Pro- 
 vincial Legislature the consideration of every question directly or re- 
 motely aJBfecting the interests of the Province, and even to anticipate 
 their probable wishes as^far as is consistent with the discharge of those 
 Executive duties which the constitution has devolved upon the local 
 government and its various functionaries. I am unconscious of a soli- 
 tary instance in which my colleagues and myself have sanctioned any 
 Attempt to derogate from the privileges of the Provincial Legislature 
 or the rights of any class of His Majesty ''s Canadian subjects; and in 
 ihe consciousness of bavins acted under the constant guidance of these 
 principles, we can cheerfully appeal to th^ people at large for that just 
 appreciation of the measures of government, which, if I could credit 
 Mr. Mackenzie, I might suppose was not to be expected. 
 
 I proceed to the second paper, entitled, " an argument intended to 
 shew that it is expedient to dissolve the present Provincial Parliament 
 of Upper Canada, and summon a new one." 
 
 After enumerating the various topics embraced in the former paper, 
 Mr. Mackenzie proceeds to state that the metropolitan county con- 
 demned the conduct of the majority of the present Assembly ; first by 
 his own election in January 1832, and secondly by his election in Feb- 
 ruary last. He adds that the decision of the County of Grenville, in 
 rejecting Mr. Jones, and choosing Mr. Norton, testified their concur- 
 rence in his views. For the reasons already explained, I must be 
 permitted to believe that the electors for the metropolitan county, en- 
 lightened and worthy of all respect as they certainly are, cannot be 
 eonsidered as perfectly impartial judges upon the question of repre- 
 sentation.^ The proposed change would invest them with an ipfluence 
 of which the counties remote from the seat of government would have 
 the strongest reason to complain — nor is the voice of the County of 
 Grenville entitled to outweigh the decisions of many others, counties 
 jad k)wni which art obviously opposed to it. It it then said that 
 
ned raeiB of 
 n fidelity to 
 use His Ma- 
 n Provincial 
 [lost respect- 
 of a far less 
 his subjects. 
 }f such a re- 
 ts to agitate. 
 
 the attach" 
 ivhatever cf- 
 y will, I am 
 of this King- 
 f Great Bri- 
 ts than those 
 rhts, and the 
 t His Majes- 
 r to the Pro- 
 irectly or re- 
 to anticipate 
 large of those 
 pen the local 
 ious of a soli- 
 mctioned any 
 A Legislature 
 )jects; and in 
 jance of these 
 ;e for that just 
 
 1 could credit 
 1. 
 
 nt intended to 
 ial Parliament 
 
 former paper, 
 n county con- 
 tnbly; first by 
 lection in Feb- 
 r Grenville, in 
 1 their concur- 
 ed, I must be 
 an county^ cn- 
 ire, cannot be 
 jtion of repre- 
 :h an ipfluence 
 nt would have 
 the County of 
 ;hers, counties 
 then said that 
 
 the present House should be dissolved "because it is manifest 
 that the great body of the people are justly dissatisfied with theiivpro- 
 ceedings." It is easy to make such assertions^ but not so easy to sub- 
 stantiate them. I must upon such a question give more weight to the 
 recorded opinions of the 26,854 persons who have expressed their dis- 
 sent from Mr. Mackenzie's views, than to that gentleman's declara- 
 tiop supported by similar attestations. 
 
 The writer then enumerates various nets of misconduct which he at- 
 tributes to the present Assembly. These are the rejection of bills for 
 the regulating of township officers, for education, and for amending the 
 jury laws. They also are charged with having granted a permanent 
 civil list without stipulating for the independence of the judges — and 
 this measure is said to have been passed both by the Assembly and 
 the Council in an unusual and indecent haste. Respecting judicial in- 
 dependence, it must have been kno>yn to Mr. Mackenzie, that without 
 waiting any solicitations from the Province, His Majesty had long be- 
 fore the date of this paper, directed you to suggest the enactment of a 
 bill for that purpose. His Majesty would rejoice to give his assent to 
 such a bill, and doubts not that it will speedily be enacted. The in- 
 decorous haste which is said to have occurred in granting the civil list 
 seems to be very harshly ascribed to the House. The King had, 
 withuut any request from them, placed at their disposal the revenues 
 of which the law had vested the appropriation in himself: and if in a 
 courteous and respectful acknowledgement of so frank a concession, 
 the ordinary forms of business were dispensed with, it is surely neither 
 wise nor gracious thus to censure a proceeding intended and calculat- 
 ed to strengthen the bonds by which the Sovereign and his people are 
 happily united. The question of Juries and Township Officers are 
 precisely such as to admit an infinite diversity of opinion respecting 
 each specific measure proposed to the House ; and no unprejudiced 
 person would assume that a dissent from his own views on such topics 
 implied any failure of zeal for the public good. 
 
 This paper proceeds to accumulate a body of charges against the 
 Assembly, into the justice of which it is utterly impossible that I 
 should enter. Whether their appropriations of public money have 
 been prudent — whether Mr. Mackenzie himself was properly expelled 
 •—whether a reduction of fees ought to have been made — whether the 
 term " misguided individual" was correctly applied to Mr. Mackenzie 
 and others, in the address to His Majesty, are topics on which I con- 
 ceive it to be the duty of the King's Government rather to defer to the 
 judgment of a body enjoying the most extensive means of local infor- 
 mation than to oppose to them conjectural opinions of their own. x^ 
 
 The same conclusion is next urged on the ground of the angry and 
 excited state of the public mind. I should have thought that, assum- 
 ing the accuracy of this statement, anger and excitement were precise- 
 ly those tempers of mind in which men would be least qualified to ex- 
 ercise a wise and dispassionate judgment on the great question w^ich 
 it is proposed to refer to their determination. * 
 
 k . 
 
 1 
 
E t 
 
 ' \ 
 
 
 1: 
 
 w 
 
 n 
 
 1 
 
 4S 
 
 The recent dissolution of Parliament in this kingdom is quoted as a 
 precedent in favor of a similar proceeding in Upper Canada. I will 
 notlfiiscuss the accuracy of the analogy ot which it is thus attempted 
 to draw between the two cases ; but content myself with saying that 
 1 believe no impartial man will deny that no real similarity exists be- 
 ' tween them. However well adapted such a topic may be for popular 
 effect it would be at variance with all sound principles to accept as a 
 ground for a great political measure. 
 
 Mr. Mackenzie appears to have foreseen that a very numerous bo> 
 dy of petitioners would protest against his recommendations. It is sa- 
 tisfactory to find that in his attempt to repel their effect by anticipa- 
 tion, he has no specific statement to make or argument to urge, but 
 that in his opinion, such petitioners would shew " the follies of the 
 jidvisers of the government, and their own ikiexperience." With what 
 propriety " folly" is thus freely attributed to more than 26,000 per- 
 sons, or " inexperience" to those who are in the same breath condemn- 
 ed for having exercised an improper authority from the very infancy 
 of the Province, it were needless for me to state. 
 
 The House themselves, it appears, refused to concur in an address 
 for their own dissolution. In favour of the motion eighteen members 
 voted, and twenty-seven against it. The Iwo parties it is said each 
 representing populations numerically equal. But, it is added that 
 nineteen of the majority were persons holding offices or places at the 
 pleasure of the Crown. Upon what grounds Mr Mackenzie makes 
 this assertion I am at a loss to conjecture. I have before me a list of 
 the majority who voted upon the occasion referred to, and on compar- 
 ing it with the annual return of the civil establishment of the colony 
 for 1830, I cannot discover that it includes more than six gentlemen 
 holding any public employment. Of these six, one fills a situation of 
 which the emolument is little more th^n nominal, being only £9 a year 
 — of the remaining five, two are the law officers of the crown, whom 
 I presume Mr. Mackenzie can scarcely hold it to be desirable to ex- 
 clude from the Assembly. If it could be shown that the Crown really 
 possessed an undue influence in the Provincial Legislature, His Ma- 
 jesty would not hesitate to assent to any law which might be passed 
 for the purpose of limiting the number of persons holding offices at 
 pleasure who should be permitted at one time to sit* there. I cannot 
 however believe that any such undue influence could possibly be ex- 
 ercised. The popular system of election which exists in Upper Can- 
 ada, would enable the inhabitants speedily to dismiss from the Assem- 
 bly any representative who might be capable of betraying his duty to 
 his. constituents by supporting a line of policy injurious to their inter- 
 ests, for so paltry a consideration as £50 or J£60 a year, which seems 
 to be the amount received by some of the persons to whose presence 
 in the Assembly Mr. Mackenzie objects. If the majority of th^ elec- 
 tors of anytown or county think fit to return as their representative a 
 gentleman who is in the public serviqe, this only proves that the gen- 
 eral policy of the Government by which he is employed, is in their 
 
 .>> 
 
9 quoted as a 
 lada. I will 
 us attempted 
 h saying that 
 ity exists be- 
 e for popular 
 accept as a 
 
 numerous bo- 
 )ns. It is sa- 
 by anticipa- 
 to urge, but 
 follies of the 
 With what 
 26,000 per- 
 ath condemn- 
 very infancy 
 
 in an address 
 een members 
 t is said each 
 s add e4 that 
 places at the 
 lenzie makes 
 e me a list of 
 d on compar- 
 )f the colony 
 ix gentlemen 
 a situation of 
 nly £9 a year 
 Mown, whom 
 sirable to ex- 
 Crown really 
 ire, His Ma- 
 ;ht be passed 
 ing offices at 
 re. I cannot 
 tssibly be ex- 
 i Upper Can- 
 1 the Assem- 
 g his duty to 
 o their inter- 
 which seems 
 ose presence 
 r of th«» elec- 
 resentative a 
 that the gen- 
 i, ifl in their 
 
 - ■ ■ 1.; 
 
 opinion entitled to approbation ; nor if so, can Tsce the shghtest ob> 
 jection to such a choice : on the contrary I think the presence in the 
 Assembly of a ceitain number of gentlemen holding official situations, 
 and able to explain the views and objects of the Government on the 
 ditferent subjects which come under discussion, is calculated very 
 much to promote the public interest. 
 
 Mr. Mackenzie further contends that the petitions of which he is 
 the bearer should be credited as expressive of the general opinion of 
 the Province, because they accord with the votes of the House of As- 
 sembly of Lower Canada — because they are in harmony with the 
 views of the last Assembly of Upper Canada — because this present 
 Assembly has vacillated in soma of its measures — because the present 
 House has sanctioned resolutions, bills and addresses, negatived bv 
 the Council or rendered ineffectual by yourself— because they corres- 
 pond with the petitions presented to the House — because they are in 
 coincidence with certain petitions approved by the Assembly in 1828 
 — wiih others presented to the House of Commons in 1831 — and with 
 another address to youiiself in December last ; and finally because 
 they are supported by a mass of facts and testimony. 
 
 These statements do not, as far as I perceive, invalidate the infer- 
 ence which I am bound to draw from the facts that Mr. Mackenzie 
 and his constituents are opposed by a body of petitioners who very 
 greatly outnumber themselves : desirous to attribute to popular opin- 
 ion, when deliberately formed and calmly expressed, the weight which 
 it is indeed impossible to deny it. I am by that very consideration 
 compelled to believe that in acceding to the prayer for a dissolution of 
 the House, His Majesty would be acting not in consonance with the 
 judgment of the people, but in opposition to it. I must believe myself 
 better informed than Mr. Mackenzie, respecting the affairs of Lower 
 Canada, as I have much more ample sources of information, and I 
 theiefore deny that. the cases of the two Provinces are so parallel, or 
 alike, that the resolutions adopted in the one could, with any proprie- 
 ty, be transferred to the circumstances of the other. I cannot assume 
 that the ninth Provincial Assembly, were it now sitting, would retain 
 the opinions it held in a former and different period. The changes of 
 opinion in the present House of Assembly rather prove that that body 
 are attentive to the wishes of their constituents than the reverse, and 
 certainly afford no argument to shew that they have lost the public 
 confidence. The " facts," and the " testimonies" to which reference 
 is made, I have considered in the former part of this Despatch. 
 
 The dissolution of the House is again urged upon His Majesty, be- 
 cause the same principle of extending the representation to meet the 
 increase of the population was recognized in the Lower Canada bill of 
 1829 — because His Majesty assented to a reformed representation in 
 this country— because it is desirable to conciliate the people of Upper 
 Canada — because the Canada Committee of 1828, advised a concilia- 
 tory and constitutional system of Government to be observed in the 
 CaDadas : and because Mr. Hume has, on some occasion, which is not 
 
 \ 'Jm 
 
■ 
 
 J . 
 
 ^ have HtTpo Siarllfproducrag. I; Wrther afiswer thaHhe 
 vli 10 «i«|flkle thir Canadas t«r a coflfji jitf^hal sy«t«itt of (J^eir?- 
 mftot. hapeen cc»iitantly home in inind,1bt. n^ coUewiM »»« W- 
 «^Mtl»t {.know not wliat Prin^Me of^^tu^i^r^ 
 uaWidvisePt Majesty to oppo^i th6 decidfttf t«»e of tfcr^tt^^^^^ 
 J^in|,iji#d the voice of the #eat appreot n^prftv of thJs'pBj^e. 
 ^^ ii#n their affections is 4hegre« olgc^^ 
 
 but hoW am 1 to Boppose that this object >vo.uld he Jirjiw^ by thwag^^ 
 ins the declared wishes of so prepoiider»t|ng a majority of theto ? Tl% 
 ttWI Aaa^nt to the Reform Bill in this kiiijid«|(i, proceeded oi» no 
 t^ciple which could b* applied tb the present .questioir; ^d |h6 re- 
 Srenee to Lower Canada and the ElepUpB Law of that ^ijw?t of 
 1929, proves only how very imperfectly Mr. Mackenaie i» M^uairteTir 
 with tfc real hi«t#^? that law. ^ • , . wifc; itfil*^i^ 
 I. have thwi parsued the two first tf^ra laid before me W «*r Jl^^^ 
 {lithe moat a4le Retail. If it should occur to jrott that I a^<A.foth6mjioM 
 img>etatice thati can be fairly claimed for tbo views of a ;£J|;WSW! 
 ^^rflie irritation ofpefsbnal resentment, I would tjply **«^*;f^^aw» 
 felt it to hi my drtty to consider uny representation wbieh may^fte hwd ^»sam 
 ftie «p6n imp6rtartt puWic qoestiona, with refeienw to. the mtriMic rtien«h^ 
 ^ Wionrtheraselves rather than to any. matter personal to the iW«?J* 
 trow whom they may immediatfely pfoceed v and in this ca» 4 W^^ISS? 
 th^dbcumeots from Mr. SHackquiic, nctmerely aa«pwi»ii*te«^ow|»^l6- 
 
 i^ but also asex^anatory of the views of t*****?, f^o ?av*j ?*'^^^4±,?i; 
 m^pent what they consider their grievances to flis Majesty, TothBm^Ay 
 »^^^ resi?ct is dtie; and al^wgh the^ ),aveTiOt succeeded m «^ 
 uiqTO«Fpww«?^j^^ifr^ ._._^^»^ their views Cqrrecf^ 1 hav|r;%eeit 
 
 Maiestrs 0overttroent can Have m vi^w is trb «»P"':^'»"^»jr -r r*r-*-;;T 
 the>rJvince; and it is highly girsarrfying ^"^ '»»»«!» ^b^wj^tilein^Hao^Un^ 
 kieh reach this country, *« whilst upon i«anejiuestio^otlintera^ 
 ^^ state of the law, incertain respdctsf dilfeifences cf <^»S^SJ^ 
 vail,%6pw«)erity of the l^ii'iooe is lapidfy idvawinr m ^niw«»t calcU^^ 
 SeirS?So^r the bof»|s of attachment j^ which^ I^ are ^ 
 to the MotfM*iQo»ntry. It is the duty of His Majesty J 0^vernment at |^e, 
 and «f His Reprei^tatives in tue Pjwvince, to k^p those gjjaWtiMwatt^ 
 fly in view, relyiSm confidence upon the good sense, the right f^U^g, 
 
 ^SiJw^W^pmle at large. %>J# ^'SSS wIS 
 m^y best be amendedlSfierfections removed, abuses cdriefeted, and kU 
 
 flMiburces of puWic good deVeM^ and enlarged. • j , . .:^*. 
 
 I^ag written this despatch wHh a view to puWicity. you have my^^ 
 
 iiy to^e itpublio in whatever manner you Aiily think most co«^»ittt 
 I have the honor to be. Sir, -'^ 
 
 ., .^ VoormortotedteotSer^ bjC^?!! 
 
 Major General Shi Jo«N CoLBoaifE, K. C. B.&C &«. 
 
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