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The following diagrams illustrate the method: Les cartes ou les planches trop grandes pour dtre reproduites en un seul cliche sont film^es d partir de i'angle sup6rieure gauche, de gauche d droite et de haut en bas, en prenant le nombre d'images ndcessaire. Le diagramme suivant illustre la mdthode : 1 2 3 1 2 3 4 5 6 i«iK?!?!r;>?stH^^55r'5trniimi???lilTn^^ &«fiHitt5ii-t# / " tefeifiHittJii* THE QUEBEC POLITICAL CRISIS •WllSt^" ;-.iH. ■Jn^-.*'T*'^'_-"M-* - .-^---r^ NOTES AND PRECEDENTS V* u > U p U i \ I 1 QUEBEC SEfc»Xll2»aLBlCIl 187W \ L ^^-'^e'.-*:^ ■ J; ' THE QUEBEC POLITICAL CRISIS NOTES AND PRECEDENTS ^^ QUEBEC THE QUEBEC POLITICAL CRISIS. NOTES AND PRECEDENTS. $ I—On the 28th August, 1879, the Legislative Coun- cil of the Province of Quebec decided to suspend the supply bill by the following resolutions : ^at an humble address be presented to His Honor the Lieutenant Governor, forwarding him the following resolutions:'. 1. That the Speech from the Throne at the opening of the session Is a document of the highest importance, because the Government calls upon the authority of the Crown to witness the measures which it promises to submit to the Legislature ; but that the present Gorernment has not i«cwiRMiwwvHHKn;'nM»!S8S)8H8IU — 4 — realiz'^d the weight of such obligations nnd has troated them Ughtly, by refraining from submilling to the Legislature the greater number of the mcasiirt's announced in the SpeecJi from the Throne. 2. That the advisers of Jlis Honor the Lieutenant-Governor should represent the authority of the Crown, nersonily the wisdono and practical experier.ce of the executive power ana possess the " necessary fibility to carry out in both Houses the obligations which they publicly assumed ", not merely to their continuance in oflice but also lo the integrity and usefulness of their legislative measures ; bul that the present Government has put itself in disaccord with the princijtie ol ministerial responsibility by submilling to the whim of an undecided majority, which interfered in the carrying out of its measures, and depriveil il of its control of legis- lation , thus allowing ihe inHuence of the ExecutivfMo jiass out of the hands of responsible servants into those df men who merely represent an outside will and are serving |)rivat*' interfsts. 3. That the principle of parliamentary control over Ihe public expen- (liturd has been forever establish-d by tho exierience of several centuries and proclaim- il in the Bill of Highls ; thai the Legislature is jealous of su;h control, whicli is the greatist safeguard of our pilltical rights and lilierlif'S, and that this principle i>« equally applicable to the payment or lo the agreenent to pay any sums of money, an'l to the remission nf dtbts due to the Crown ; bul that the present Government, contrary the spirit of liie conslilution, has involved consi'lerable s .ms in the pui chase of lands and in the carrying out of contracts without having consulted the Legisla-. ture, and even, in certain cases, despite the refusal of this Council to au- thorize, such paymenis ; that it has remitted considerable debts which the Legislative Assembly had declared collectable, has issued special warrants lor merely administrative jiurposes, to th-^. extent ofov^r two hundred Ihnus'^nd dollars in excess of ih^ sums auth irized by the Legislature. 4. That the law of the country extends its sovereign authority over those wno govern as well as over tho>e who are governed: that the assumed power of suspend'ng the execution of laws, without con- sent of Parliament, is illegal, ani that mere Ord-rs in Council suspend- ing the operation of a statute are irregular and invalid if they have not the sanction of the Legislature ; bul the present Government has shown a contempt for the laws, both in the manner of li'ling the vacancies which have- occurred in the provincial representative body, and by Ignoring the exigencies and formalities required by statute, and by the irregular and illegal appointment of a municipal officer wherein the Go- vernment assumed the authority of the judiciary, which had not and has not yet declared any vacancy. 5. that the declarations of a Government and the obligations it takes upon itself should always be made and indertaken in good faith, are always obligatory and sacred and bind the horor of the country itself ; bu: that the present Government has, to a great extent diverted, from its obj-'ct the portion of the Consolidated Railway Fund intended for private railway companies subsidized by the Province, without having provided for the refunding of such sums and without having given any faecurity that such encroachments shall not be renewed. 6. That the elementary principles of sound administration require that the expenditure should not exceed the revenue, and that in case of delicits arising from the yearly expenditure the Government should read- just their Budget so as to restore equilibrium, without touching the capftal ; but that the present Government has neglected to meet such deficits out of ordinary resources and has used the capital fund for current expen- diture. \ — 5 — \ over It the con- ipeiiii- e not iwn a incies i by y the Go- has 7. That the Budget shoulil b*^ a clear enunciation of the financial mea- sures in course ol' completion or inauguration, ami that it shou^l satisly th« House that the expected revenue should be sufllcientto meet t^ie declared expenditure; 6uMhat tiie present Government has failed to show to the House th>.t the revenue at its disposal will be sufllcient to m»'et ttxe obliga- tions of the Provinci'. Therefore that tliis Cnuncil, without desiring to take \undua part in the dilTerent |iublic discussions which may divide public opinion outside of this House, but with the sole object of averting from the Province the dangers wlii h must necessarily arise from this conti- nued maladministration, and in the exercise ol its legitimate constit^i- tional authority to insure a more .'llicient control over public moneys, makes this protest and representation : — 1st. Because the Government has not, either by economy and rt'trenc.hment or by a judicious development of our resources, made up the deticit, but on' the contrary has allow^d it to in- crease, and because* it has not been able to provide' ways and means, at the same time, to moet ordinary t.'xpen'itur", obligations already incurred and payments to bi come due on public works in progress, ^nd. Because the Government does not possess sufficient elemen s of contidence and strength to efficiently and usefully adminii-ter the all irs of this Province, and that the abandonnfrent of its chief measures is an avowal that it is unable to satisfy the re^uir-inents of the country ; And the Council, while declaring its willingness to grant H>^r Mnjesty the supplies necessary for the puljlic service, deems it its duty to delay the adop- tion of the Supply Pill now before the House.until it shall have pleased His Honor th- Lieutenant-Governor to choose advisers disposed to maintain his dignity by the fulfilment of the promises made in his name, to respect the spirit of the constitution and therif,'hts of the Province of Quebec, bynot in- curring considerable expenses without the consent of the Legislature ; to uphold the dignity and authority of our institutions by refraining from interference in the application and execution of the law, and who will, at the same time, be able to enforce their views in the Legislature, and jus- tify this Council in entrusting them with the management of the public funds. The following extract from the speech delivered by the Honorable Dr. Ross, mover of the resolutions, gives a ,esuvi4 of the reasons on which the Legislative Council . based its action in suspending the supply bill : There are various complaiiits against the Grvernment, amongst them : lo That in die administration of {ublic affairs they hive set aside the spirit and even the Utter of the law : 2o In their transactions, they have violated the spirit of Ih.e constitu- tion ; 3o They have S'juandert'd the jiublic funds and left enormous delicits . without providinjf for iIh means of making th-iiu good; 4o They have lowered th'? dignity of the executive iiower by violating its promises or by misleading the piiblic by I'aUe statements ; 5o They have not governed loyally and iiislly. The grievances under the tirsl head are numerous. \^ hen they delayed the issue of the writs for St. Hvacinlhe for six months", notwithstanding the demand of two members, a^ provided by law, they could not but know that they were violating the spiritof the statute. When they appointed aa Returning Oflicer for the County >■ * ■I^^Cfc — 6 — of Ghtmbly, • party who waa not the Registrar of the county, they knew that they were violating the letter of the law, as they held' the very protest of the Registrar who declared he was ready to act. When they appointed a municipal Councillor in Ghambly Basin, without the formality of an order-in-council, they should have known that they were violating the letter of the law, which requires such order- in-council ; all the more so from the fact that the Courts had not and have not yet declared any vacancy in that Council, and that, thus, the Government has usurped judicial functions. When they resolved to extend the Quebec railway from Terrebonne to 6t. Martin, they knew that the law imposed on them the obligation of bringing it from Terrebonne to Montreal. These are not visionary nor frivolous grievances. The acts complained of attack the very basis of political and social organii-ation, and the fathers of constitutional law laid down this grand truth in the charter of our liberties itself — the Bill of Rights — when they declared " that the pretended power of dispensing with laws or the execution of laws by regal authority, as it has been assumed and exercised of late, is illegal." In the second place, the Government has openly violated the spirit of the constitution in its negotiations and contracts. The strict doctrine of responsible government imposes on every minister the obliga- tion of causing to be authorized any expenditure he may wish to make. " The constitutional principe of parliamentary control is also applicable to advances, loans or gifts of public money to foreign powers, corporations or private persons, to the remission of debts due to the Crown." (Todd, vol. 1, p. 455). No remission by Government of loans, or of debts due to Crown, whether by foreign powers, corporations or individuals is justifiable without the knowledge and consent of Parliament. (Declaration, House of Commons, March 25, 1715). But the Government ceded to Mr. Gowen a good security of f 16,000 for $5,000. They remitted certain sums due by tlie (Quebec fire sufferers ; thoy made a settlement on the amount due by the defaulter Ste. Marie ; and all without the slightest authorization from the House. Their various purchases, amongst others, of the Gale Farm, the Bellerive property, the Vacherie, amounting to f"20,000, although they bear a certain show of authority were nevertheless, in fact, an open violation of constitutional principles, for these properties were so needless that the Government does not occupy them even yet. The work on the Three Rivers loop line and on the St. Martin line, repre- senting about $300,000, was also given out without the sanctioa of. the Legislature. We have seen them make a bargain for the placing of an inferior apparatus on the railway at a scandalous price, and they only escaped censure by refusing to allow the House to look into the trans- action. They even went so far, in the Quebec Volunteers, question, as to ignore ♦ i^rders of this Honourable Council, and they paid the volunteers- after t.jis House had refused its sanction thereto. The third complaint is, perhaps, the most grievous one. While not discussing the manner in which they have allowed the extras accounts on railways to accumulate, •we must look forward to the future which is so threatening. There are certain and unavoidable obligations in which the honor of the Province is involved. The whole list of them would be too long ; a few of them are here given : Loans to be refunded (Mr Langelier's statement)...... $ 770,000^ Balance on Three Rivers Loop Line ~ 24,100^ Hull Bridge and Sution 284,336' Terminus at Montreal Barracks 216,743- Gale farm 140,000 Balance of Bellerive Property „ 42,250 — 7 — Aittnsion to Deep Water, Quebec 200,000 Ouopaii Mtedonald Arbitration. 1M,000 To Complete Bastero Section— Government Estimate 898,886 To Complete Western and Ay imer Section-Government Estimate. 270, 1 2 1 Pontiac Line as promised 600,000 Unsettled claims of the contractor, llacdonald, on which Mr. Shanly gave no opinion, as well as.the claims of Mr. Thomas McGreevy, whicn will necessitate further arbitration 500,000 Subsidies to Private Companies... 1.000,000 Tote! f4,704l436 Now, we must face the fact that our au'iorized line of loans is exhausted. On the 1st of July, 1879, we had in bai: out of our accumulated surpluses sinca 1867, and of our eleven million dollars of loans, but $597,000 for railways. We are promised $500,000 over and above our claims against the Ottawa Government, and this is all the Government count upon to meet the obligations of the Province ; for we know by experience that we can hardly rely on the payment of municipal subscriptions, which, after all, amount to only $1,200,000, and the Government, as a matter of fact, have not taken any means to compel the diflerent cities to pay them. At all events, the very highest calculations and hopes of the Government do not exceed $2,297,000, as against $4,704,436 of unavoidable debts. Under the fourth head there is a considerable list of grievances. This Govern- ment, in two speches from the Throne, promised the following : — 1. The abolition of the Legislative Council. 2. The restoring of the equilibrium between receipts and expenditure. 3. The completion of the railway from Quebec to Ottawa during this session. 4. A demand for aid from the Federal Government. 5. The assertion that the municipalities had shown good will in the settlement of their accounts with the Government. 6. The leasing of the railway. 7. The reorganization of the system of Public Instruction. 8. The settlement of the Municipal Loan Fund. 9. The macadamizing of the roads. These nine items have been abandoned without any credit to the Gov- ernment, which is rightly accused of having made use of the weight which the representative of the Queen carries with him, to dazzle public opinion for a while with false state, tents. It may not be out of place to say here that instead of taking measures to court the interest of the Federal Government in our lot, the Quebec Government took the trouble to upset all constitutional ideas, by sending to His Excellency the Gover- nor-General an address, which was equivalent to a request for the dismissal of the present Federal Ministers. It might, perhaps, be more advisable to pass over th |iro\ ince, are ieh|iecuvi.'iy intended to fill, within the lim'l> of their i.ow.t?, ijie plac-^s of the Hoii.-,e of Lords and of the House of (^oniinoiis of iMi^-'lan I. Thai from tinie; nnmcni' rial, the House of Lords in England has been in 111" haliito ri-^p.'cli;;g th'.' will of tli>' popular branch of Parlianienl with reji.rd to siippiy. That Ihe House of Lords lids novt'r P-fiised Ihn granting of supplies lo tier M;ij>'siy or suspend'.'d adoption of tlie Su;>ply Bill for the purpose of puUinir a I'ressure u|)on ilie head of the E,\»"> utive Government, and of iutkurjeinj:: him 'u the choice of his adviier-. — 9 — Tliat by the principles of tlip British conPtilution, as underslooJ and practiped for a long limp, th- fateofmir administration rpsts, not with the I'pper House, but with the elective branch of Parliament. 'I hat this House has, during the present session, fre«|uently given clear proofs of Its confidence in the advisers of His Honor the Lieutenant- Crovernor, and ospecially in voline th*^ supplies demanded bv them. That the saul supplies have be^in voteii to Her Mnjeslv on'lv because of the confidence reposed by this HoustMn the said advisers, and that this House would not have voted Ihe said supplies if his Honor had had advi- sers not e.njoving the conlidence- of the Lrf/islativ>' Assemblv. That this House would see w.th regiet, the said supplies put in the hands of advisers in whom it would not have ex, ressed its confidence. Then, the House was adjourned without previous notice by a vote of TWO majority. The government refused^ to state whether they had consulted the Lieu- tenant-Grovernor with regard' to this adjournment ; the Honorable Mr. Mercier contending that it w^as one of those cases in which they could dispense- with the assent of the Crown. The government likewised re- fuse to accede to the request of the opposition that the legislation of the session be sanctioned, previous to the adjournment. On the 11th September, the government reconsidered their decision, and, in consequence, the Lieutenant- Governor sanctioned different Bills in the absence of the Legislative Assembly. § 2.— We proceed to set forth the different points of •constitutional practice involved in this complicated situation ; because consequences, as various as they are grave, result therefrom, as shown by the following series of questions : 1. Can the Legislative Council refuse the supplies ? 2. Does the refusal by the Council place the Govern- ment under the obligation to resign or to settle the difficulty ? 3. Can the Government continue its administration without supplies? 4. Can the Government borrow money in default of the supplies ? 5. Can the Lt. -Governor authorize expenditure without the supplies having been voted ? — 10 — 6 Should the Lieutenant-Governor have been con- suited on the adjournment of the Legislative ABsembly,? 7 Could the Lieutenant Governor legally sanction the Bills after the adjournment of the House ? 8 Can the Lieutenant Governor constitutionally grant to Mr. Joly a dissolution of the House ? coil- ibly,? iction )nally I.— CAN THE LEGISLATIVE COUNCIL REFUSE THE SUPPLIES? § i- — In parliamentary procedure, it is wrong to say that the Legislative Council of Quebec does not occupy, to all intents and purposes, a similar position to the House of Lords. Although the Council has less power than the House of Lords as a Court of Justice and as to the privileges which may affect the liberty of the subject, it is modelled exactly on it (the House of Lords) in all that appertains to the despatch of business. The working of the one is the same as of the other, just as the procedure of the Legislative Assembly is identical with that of the House of Commons. The General Assemblies in the colonies which are their House of Com- mons, together with their Council of State being their Upper House, with the concurrence of the King or his representative, the Governor, make laws suited to their own emergencies.— (Bi ackstone, Com. 108.) The Council or (as it is called) Upper House of assembly is an humble imitation of the House of Lords. The proceedings of the house of assembly in the colonies are'condu6te(i and their journals kept in a manner much conformed to those of the two houses of parliament. It will therefore be needless to enumerate particulars, fesK*' ...>^„i:-^i:i!i^-TM«^,^.f^.;;Ti:i:--'»t.„^,...^i^^^ — 12 — •as llie Journiils of ili.' iiouv' of parliament r,r" Ih • preC'dtMUs Ijy wliii:h lli>i Logislutiinis in Ihf; co.ou ■ - comiuol themseivt??. (Slokos, Brilish ooloni-'s [)• ''43.; . * ■ Our own constitution imposes on us the duty of ibllowiug- the p]nglish precedents : — Wlu-rvaslli.! |>rovi,|,.'..> , ■ Oiru'fid, Nu' ,i Sooti,-i and' Ni'w Brunswick have i-xj.rf'ss.'.l iln-ir .insii- in 1).- tV-derails utiile-i inloonn Dominion und-r thn Crown of !lu Tnit^'J K ;,g.iom oC (^r.'ul Brilain and Ireland, wiUi a conMitulion similar ;n Mm ipi,.. to ihu cf tho Unil'^d Kingdom (A'.'l, of Brilir-h North Anii'ri'M l^i'.T ) Besides, our Legislature has decided to go by the English practice. 1 Ifi. In all nnprovi'l.'d r , -...s Ih.- rul-.'s, Ur^au't'.^ and form, of the Iiohm? Oi*" comm(;ii.s of i!i.. Uk.i i Iv.ngdom of Great Britain and Ireland, shall be followH-d djuh-s and r-;gulaiion£ of the Lrigl!^lalive assemblv of Quebec and rule 'J8 of the L- g:Mativj Council.) § *2.—lt is a I'act that the House of Lords has nes'er refused the supplies, although it has, on forty different occasions, refused Bills relating to supplies. But the Legislative Council has no more refused the Supplies than the Lords did ; it has only suspended them, and that decision is not without precedents. We read in Cox page 38 : During a d ?| ute ;;) gue^n Anne's regn. A. D. 170.5, between the Lords and Commons about the Aylrsbiiry Man, the Lords who hail the iiioiiry Bills. wruM n. t pass Ukmii unlirthe di.~cusf ion h;id terminated (Bunieu A. D "TOJ . This is the only explanation that can be given to this phrase of Hume's, volume 7, relative to the year 1705 : " This important matter being settled, Parliamentgrant- ed a subsidy of ilSO.OOO sterling, and adjourned." They i)roceeded then as they do to-day. There is little ditterence, constitutionally speaking, between a Bill granting to the Crown money which is in the Trea- sury and a Bill i>roviding the means of procuring mo- ney for the Crown by a tax : for it is evident that if even millions were voted 'in a supply Bill, the Crown would be but little benefited, if the government measures, ^yhich were to provide for those millions were defeated. Thus, the rejection of a money tJill by the House of Lords is of very frequent occurrence. — 13 the Why has the House of Lords never refused a Supply Bill, pure and sirr pie? Because English Governments have always had so high a sense of honor, that thev have abandoned the field before being forced to suck an extremity. Can any one quote a precedent showino- an H^nglish mmistry so clinging to power ? Has a mf- nistry which abandoned all its measures ever been allowed to remain in power? Such conduct is re-arded there as dishonorable and such as which no inte!lio-ent man could support. Read some of them : ° Sim HoHKHT I'KKi. -1 ,Jo not hp'.itate to sav that "V>'u if th,,t (incision )n,l ven ,n our (avour on Ih,- particular vole, 1-wouM not have consenTe ' to ) old o ice u„on suireranc. or tlirough the mere evasion of i.arliaine Uarv -«"^ sodiscredted inem that ^^t >u^ safely coNCLi;nE that it will be the last attempt of HIS NATtjRE, AS IT WAS CERTAINLY THE FIRST (Lord Brougham • Democracv and mued goven.ments-p. 395. from the F, ench Paris edition )^ The following lines seem to have been written for the Joly government. Lord Brougham speaks : In conveuation with Bishop Burnett, King William III once remarked • J arm quite sure which of all the Governments is the worst, and that is a monarchy Without due power vot.d in the Executive ; any h*S« is be t«J than that.-" So say r, of an impotent mmistry; give me aH\- min.str^ rather than that. '-(Hansard, vol. 101, p. 814 ) ^ ministry Bagehot completes the picture : But if those who have been entrusted with the administration of public affairs are unable to control the legislation of Parhament so as to bring it in |!!!!5;!!^wnn)n!5!!>«?nR1;n?»W^*!^ feiJ4JWUUiiF — 14 — unison with their own policy, good and slab'e government will be impos- sible. In such case, the law makers and tax imposers are sure to quarrel with the tax requirers. The Executive is crippled by not getting the laws it needs or the money it wants, and uecomes untlt for its name, since it cannot execute what it may decide upon, while the Legislatur*) becomes demoralized by attempting 'o assume the reins of Government without being responsible for the consequences of its own acts. — (Bagehot, Fort- nightly Review, t5th May, 1865, and March, 1866.) They are so sensitive on this point, that any Govern- ment which was reduced to directing the affairs of the country with small majorities hastened to relieve them- selves of the responsibility. In 1741, Sir Robert Walpole relinquished power under the following circumstances : A motion imply- ing the withdrawal of the confidence of the House of Commons was made by Mr. Pulteney : This motion was rejected but with only three votes in favor of the minis- try. But Sir Robert Walpole gave up the reins of power. In 1782, Lord North yielded to a similar pressure. Two motions were made : one by Sir John Rous, the other by Lord G-eorge Cavendish, The first declared that it was impossible for the House to give its confi- dence to the Government ; the second was couched in terms somewhat similar to the first. The first was rejected by a majority of ten ; but Lord North believed it was his duty, in spite of that majority, to tender his resignation. In the year 1804, Lord Sidmouth was obliged to retire with a majority of 87 votes. In 1812, at the time of the first formation of an administration by Lord Liverpool, on motion of Lord Wharncliffe, then Mr, Stewart Wortley, a resolution was adopted by the House of Commons that a more extensive and a more efficient administration be formed. The majority of 4 decided the fate of the first ministry tried by Lord Liverpool. Sir Robert Peel, pressed by circumstances, tried to remain in power with a weak majority. "We relate below his perplexities according to his ministerial explanations at the sitting of the 27th May, 1841 : The natural and unavoidable consequences of attempting to govern by a minority were the consequences I met with. Upon almost every night li4j9*MUUUJ^ •v-Jit-.w^^U'-irtmlt.' e impo3- » quarrel the laws siince it becomes . without lot, Fort- rovern- of the 5 them- power imply- >use of on was ! minis- eins of ressure. Rous, .eclared 5 confi.- ched in st was elieved ier his ged to le time f Lord en Mr. )y the more y of 4 Lord tried to e below nations [overn by ery night — 15 — my proceedings were obstructed. On every committee of supply, I met with some motion which prevented my proceeding with the public busi- ness, and, at length, I was compelled to yield. While party inQuence and parly connections remain in this country such will be the case. Without encouraging extravagant apprehensions, then, as to the overthrow of the constitution, this I say that practical experience proves to us, that the noble Lord is right that there will be great evils, absolute, unavoidable evils, in the administration of public affairs, resulting from the inversion of the constitutional rule, and the attempt to govern without a sufficient majority in this House. (Hansard, Vol. 58, p. 817.) Those are the reasons why the House of Lords has never been under tha necessity of giving us a precedent for the refusal of supplies to a weak government. § 3. — Then, the colonies afford us precedents based upon instructions given by the Colonial Office to the Governors. On 31st August, 1867, the Legislative Council of Vic- toria, Australia, refused the supplies. The governor Sir J. H. T. Manners Sutton, forwarded this resolution to his advisers, who replied to it in a memorandum dated 22nd August, asking the Governor to prorogue the Houses and to summon immediately another session to take up the supply Bill. The Governor answered them as follows ; To the Honourable Chief Secretary. llnA August 1867. 2.15, p. m. Willi regard to ihe proposaf that Parliament should be ])rorogued on an early day, in order tliat the Legislative Council may have another opportunity, in a future session, of considering the Appropriation Bill, the Governor would observe, withoul reference, however, to the policy of the advice thus tendered, that its adoption now, would, in his judgment, be premature. And, having anxiously considered the position of the Government and his own, he would frankly inform his ailvisers that, in his opinion, it is desirable that hk should at once place hiviself conilUulionallij in commu- nication with those who have reje-cted the Appropriation bill, and who have thus declined to afford to the Government the funds requisite to meet the services of the year. (Signed,) J. H. T. Manners Sutton. The same day the Government wrote : The Chief Secretary has submitted to his colleagues his Excellency's Memorandum of this date. The cabinet are of opinion that inasmuch as his Excellency has not seen fit to accept the advice which his responsible advisers have felt it their duty to submit to him, and has intimated his desire to place himself consti- tutionally in communication with those who have rejected the appro- •.•ir..Ti4K'..:uui:viuuui«iih;iiaui; --16 — priation Bill, Ihey have no other allernalive but to tender their resigna- tions to hi? Excellency, anri the Chief Secretary begs leave on behalf of himself and his colleagues to do so accordingly. (Signed) Jamks McCuli.och. ?'2 August, 1867, On the '^Srd August, the Governor explains more luUy his views by communicating vith Mr. Fellows : Is scar'ly necessary for the Governor to stale that in refusing the advice of his unisters he hau/ />P(vn/.v« his advisers were adndlledh/ and cmfessnlly disa- hled. hji the reJecUori of ihe affooprialion liiil, frnm rondnc.ling'the ad- viinislralion of public a/f lirs, as regarui, the silis/'arlinn of undisputed pcmrtiarji claims upon the linveinmenl, in the usual ,ind strictly constitu- tional manner, and the (loveinor therefore considered it to be his duty to invite the advice of those by whom the above mentione(] Bill has been rejected. (Signed) .1. 11. T. Manm^hs-Si'tton. Government Oflices, Melbourne, 23 August 18G7. Mr. Fellows refused to give his advice, because he knew that he could not form a Government, and the impossibility of any other combination finding a majo- rity in the Legislative Assembly prolonged the crisis. In the interval, the Goveriior announced that he would authorize no payment that was not voted. 26th August, 1867. But the Governor thinks that the present misapjirehension, and possible complications hereaf;er, nil! he best providtd ayainsl if the heads of the several Departments abstain from submiltintj lo him ony authorities other than those included among the abive mentioned Bui so long as by the action of Parliament the annual supply is withheld from the Government, the Governor thinks that he would occupy an untenable, or at least an exceptionable position, in a constitutional point of view, if he wrre lo sanction any new contracts other than those for services, the expenditure for which has bee.i already sanctioned and pro- vided for by Farliament. (Signed,) .1. H. T. Mankkhs-Sutton, In accounting for his conduct to the English Govern- ment, the Governor explains why he recalled his former advisers : MeJ bourne, 26th Ocleber 1867. If I had been of opinion that tkeir opponents would, if placed in power, have commanded a majority in the Legislative Assembly onlhe questions in dispute between the two Hovises, J mighi have taken a different 17 — cr)urs>\ llul il is unncce nkhs Sutton, fiC, \c. •} Canada itself supplies us with precedents : in ISob the Leoislalive Council of Canada reiused the bupplies for ihe°reasons enunciated in the following resolutions. IU.,olv..i :-nhat this Hous. not having been ^^^'^^Jl^i.^. ;'''i.'"S House feels itself imperatively called upon to declare that ii cannot con- cur in the said Bill of supply. This resolution was carried. It is needless to add that these very liberals who now deny to the Council the right of refusing the supp les returned to the charge in 1859, and left a motion to that effect in the Journals of the Council. 4 —If the Lords have not had occasion to exercise their privileges, it is none the less universally reco- gnised^ in England, that they have the right to refuse fhe supplies. One has but to open the constitutional authorities to be convinced of this. . ., „ t ^^,u The general principle which recognises m the Lords the power of controlling the supphes is defined as follows in another decree which centuries have onl> gone to confirm : The king by the advice and consent of the Lords, declared that it was lawful for tiie Lords by themselves and the commons ^^y./hemselves to conlnlt on the state of\he realm. r^''''^^'MTale'Vn; relr^to o'u^ on their part nor the commons on thnrs, should make any report o our said Lord the King of any grant graated by the commons and assented tc- i.tlrtkMm4i»i'i' Vi'.lUiiiUJUil. 8C8. ? lutv in- ■ refusing till) Siilis- Mai<'>ty"s deciding he war- Ill fumi-^ NDOS. in 185 (J upplies lutiuns. he subject ^ Province yuehec as sseil a Bill lebf'C, this innot con- /ho now mpplies. 11 to that exercise ily reco- refuse itutionnl he Lordg ! lined as ave only that it was emselvts to ■r the Lord? port to our I assented ic-- — 10 — J^3'^:in5tS;:i;^.?''' ^--'-"^—ns are of one consent and of C^-unons report. I8C0. on procedure as to taxation 33 ) • ontV;\7'!''" "'"' '' *'^ '^''^ ^^^7' -ffhth year ^'^v'^'r^:^:7^^^ /--ds spiritual .nd for ail ih.l.niv To iUi^ Lu Z ^^r,! ::r!'' '"^^^^ Wdsdoclan.dlha. a Js i,n^';ui Iw Uu! Lnis ''[^x Tm^' '' "'" n02,notto;V:^ytJXH ^nttomT^^ ^' the same fact in 1705^!^ ^^ ^^ ' ^^^'^ '^^l^cled abovelo We read in Blackstone : slone, Com. I(i9,. iin| luvid^nt m ihcir grants.— (| Bla,;i:. De Lolme says : We read in Cox ; i.;!^r 'zs °'.:^bt;;:i;^i?^,£^i:;;;^;;[!'^^i-ds to r,e. .„.. would atleii.l a loss of th^ power of it r i^^ l^" '""'^^^•"•g '^•OMsef,,u-,Mv,s sendinj. ih.m to th.. Hou.eTLords m m^^^ '"^'T ""'"^^ '^^l 's : The form were .iL.pensHd \v iih ./,.>, ?rl 7 '' ''" ""'^ '^'^'■"' ■' «"'! 'f I hat mon Parliarne., iV : ^^^ ' " ''' '"'"""""' °'' ^'"^ '^'''"Wn to sum that branch of Ih^ L4islt\,rA.a„'i I'lilr ''"';' '^'. ^^'"^"'' ^«'^^«' "^ "o mon.y bills. tl.,.y would be he o^dv\ i/ ^.f^T',^ '''^' "o power otrejecting vo.ce ,„ ihe in>pos,l,on of burlen >ou b 1 h '"'""'""''■^' ''"^'"f? "' ofthecouunu.u.. 'Cox, InstUuti^ ofth^ iStSsl? S=,;^;!'' j^iJ-^ as oiS' n^';^:;:fi;rrET'r^;;:yi';r'^"^ '^;">' ••-'•"" ^° "-- amending Ihem as w.dl as he bout '.tJ'"^'''"^'-^ '" J^'H^ of supply or - th.y /.ave never revend.^lw ' ^ « ^ ""nrw .V'^T''"'^'''^^ '^' •'«'^-'« under our conslilulion the house of . ^^ '' "'^^V there/ore conclude ihal ting a Bill of su[,p|y ind that he I o 71 'ir " I'T' '^"'"^'^''^ '^ «'"''""i- presentedtothe'ni/ofmaknginvXa to s^ZV'^^ '■'^^"^' '^" '^« ''^'"^' -.... .. .s . WHO. ; . 3eeL r^^ia^l^^ H^t 'Jhir^Sit^^L:. »3,.pr? .,.i.,.i.,ii .1. '.Hll^.'lp•,('!!liH^s^||;ll^ i)tV»'.H>4«MUl«lt;.f - 20 — llie hoiiso of C/ommoris avails it iinlliiii(» while il has coiisii|i3raljIy impii-' (It'd il in Iht) exiii'fliiifin of puhlii; alluirs by im|iosinf,' upon il the ni'c«ssily of examining si'vi'ra! IMIs wliich slionld go to Uim housH of Lords, wliile thuy havo iiolliini; f iso to do ; whi'iico .irist'S that acts (in) rL'Jt'ctod at tho emls of sossioMs /ind Uii'ii hrniij^'hl Ijuck ti) Iho hoiiso of (lointnons to I)b ninmidi'd on aocDUiil of oliji'ctioiis niisod by Ih'i Lords It will by rca'ti'ridi'd right and nolhing is tnon; al)siird than to ('oniitace il to tlit. judicial functions cxi'rcisi' I liy Ih" upper liouso ; for in Ihi! latter case Un' Il use (if Cninuioiis caiiiKit inierfi'rt! in any thini^ ; ih'' niattor lakes its inri'ptiou ami h:isits c iin'.ilclio'i in Ihelioiise of Lords wiiii.K tiik coNcrii- ni;M;K of the i.ouds is not i.kss >ki;:-;ss\hy koii tiik ci.acsks ok tiik him, oi' M'l'IM.Y ANO ANY OTIIKU Cl.Al'SKS OF AW IlllT. WIIMKYKIl. Tllis rcvendication arose from violent agilation ; it is lja'r lo rejccl niotify l)ills ' (.'oiis((|iii'iilh , in admiUinp, us lli 'U)Ush of Common' did ul Ihal lime and al'U'rwiird^, in \\\i- ytar MiT.s ici 'Lf House of Loids liavt? lli«^ ]io\vt.'r of I't'j.'ilin;:, in Uih wIiou-. as wis t|i ■ ''\pre-sii)n usi'd, lliis Hoiise lias only ailmilled llial wliirh it would li.- diflicull lo deny and Ihal wdli regard lo whii'li, if di nied, 111. re would I'e no diieci muMUT of giving elfecl to denial It is elear that anaulhorty whose asseiil is neeessary to give a jiroposed reso'iilion-llie !oree ol law niust" l.y the very nature (d' lliiiiL'S, he ill lilierty lo dissent jiiid rtluse its sanetion To tak" fnau llie [-' rds Uie|ij\\ir of r.ivsentint; lo a liill lo which llieir assent is now re- luired, you wou d need an Act of Parliament lo which lliev niusl Iheiii- selves he jiarlies, or you must by u revolutionary picceeding destroy our existing constitution. Mr. Disraeli, in the same debate, spoke as follows : " The second resolution is an admission, to my mind, a legal, i)"oiier and constitutional admission, of liie right of the Lords to reject Hills of sup|)ly it a|i|iears to me thai the second resolution containing as it does, nol a i|iialitied, but an absolute acknowledfjeinenl ol the lights of the Lords to reject i)ills nn (he tiiiule, the propriety of which could nol by any one sitting on this side of the house for a moment be ([uestioued [ tiiink that the second ri'soUition with all Us qualilied leriiis, admits dis- tinctly and didiberately tlm power of the House of Lords lo reject money bills, and no (iili'T J)' wer for a moment have I cdaini' d I think the sicoiid resolution distinctly acknowlndgiiig the right of llie Ilous" (f f-ords to rij^'ct mimey Bills, is a rusol'Jlioii wiiich we", as a conservative ]iiriy, ougiit to support. The Earl of Derby at the sitting' of House of Lords on the 7th June, 18(31, thus defined the powers of the House of Lords : " It is If'ue that there is a dispute between the two Inuses: but Ihf^re are certainly some points whii h leave no room lor doubt or discussion. As to doubtful points, tlicy can only be settled by ihe | rudence and discre- tion of lacli House respectively. Bui nothing is clearer nor better estu- idished than the two lollowing points. I. The lloii-e of (liinmons must bring ia Ih" liill of supplies: '2. (.)n ill-' other liaiiil, and this jiistilies your action of last year, ihi- House ol Lords has the right lo accept or reject any money bib. "" On the 11th June 1861, a committee of the House of Lords, one of whom was the Earl of Carnarvon, averred, '^iivi«ons eonst.luled ^'V . 'f ^^•,.™ ^^^.q^^^^ lOiio,: Legislative privileges of iOurLord.hii.s.-(Uansaru. vol. -i ,1 ' When the Legislative Council of Victoria (Australia) rei\ised on the 21st August 1^67, the supplies voted b> a lar'e majority of the House of Commons, the Imperial Go'^rnment give them its unqualified sanction, as to fhc^X constitutionality of the act and the desi^itch of the Duke of Buckingham -^ Chando. to Sir X H. T^ Manners Sutton, Governor ot Victoria, dated the 1st January 1868, says expressly : ■ • I .annotbe surpriMM that ^^^^ .^Zt'7^^n.r .lu^^'^^^ large an amount of p.op.T v ''■'''j"'';'^ ^ ^ ^^ ^'^.U- ^^h.m mto sanc- propriety. Buckim.uam >V flHA.Nnos. ■ The same opinion haA >>^^»-^^^ P^^^V,^^^,^^^ ^^^f ^^^e^e another colonial minister, Mr. Ctirdwell, m these terms: _ / February 'iCth, 18GG. this country ^'\'->*,^/f'"^ , Vmi 'ihou'd have interposed your the judgment of the court. Cakdwkli . tT'mnxi*w(W4xiiUiTi ^',;-.>n!tT: , that Jill of islied nable view uf islaUir^'. 1 ihal it hat tlu^ ui been mons lo TL'iice of ■e could ions and cti'o of a way the itralia), •ted by aperial as to ispatch T. H.T. the 1st doe?, so )\\\d iiavn into sai.c- ioiied ihe ^HA.NnOS. • ssod by 1 these 8GG. would in ainlain its losod your lUislanding IDWKLl. II. -DOES THE HOSTILE VOTE OP THE COUNCIL IM- POSE ANY obligations; on THE GOVERNMEiiT ? § I. — There is no measure depending on the power of the Leg:islature that the f^^overnraent can carry out without the concurrence of the LogisLitive Council. The government must render :.n account of its conduct to both Houses, and its policy is incomplete, its autho- rity ^ess«Mied, if it be condemned by one of the branches. It should not allow such a thing to exist : But tlie House of Lords has a right of advice co-oxlensive with that of th^ Couinifius ; ond to the House of Lords the remedy of a di'^soiution c.iiHiol he applied When a iiostilt; vole has been passe House ofliOrds it ougtit to ob'ain fiom the House of Commons a vote of a direcliv opposite eharacter. Sitict; I'uriiument consists of two parts and since (juestions of administra- tion do not, like <(uestions of iegisl ition, admit of compromise or delay, if there be a dilference b(>twi'eu these ji irties respei'lin^' the conduct of any nnnistry. some means of sp^e(ii!y deciding that dilference must bo found. (Hoarn, Governni nl of England, p, 161). In the circumstances, a ministry ought not to affeM to ignore the cen- sure of I lie House of Lords or to wait either for any further attack or the c.isuil interference of som'i independent member to direct the opinion of 4lie House of Commons. (Ibidem, p. 165|. — 24 — Gladstone tlms sets fcrth this doctrine : \ou an' .li^sati.litMl with thai ^oU^ you Mho are the ministers of liie Crown MV who l^^( w that „o niiritlors ph( iild conduclthe atlairs ol the coimtr;wh.ii^lriir'l c-' the row.r \vluch thai vrl. has tak-m away ■froiii vou ; it was for you and not for him to invite the jud-im^nt o( t ;.s House in oui OHticn to tlia. (irci^iMn in the llotiee of J'etMS Jlowpver you W(uM not 'to sn : and il was rr^erved to a genllrmen wholly lud^remUTil oftheadn.inistraliun.to the Hon. and learned mt-mher Inr Mielheld to mak"lhe a'Sminl nl extricatin- the admini-lralion tV( ni its (iilemna And now kiusmaik ihe mann.T c f his inler] ositioe. Uns h- i>r>rosed a vote coutradietorv to th- vote of the House ol Lords ^ Has hr Ihoupht H prudenl^o raise the very sam.> issue hi're that wa; raised tliere-' No sir, hf has sliifted the issuf.; and no man shills lie' issue in fac.'o'fllernemv, williout a motive. lin\ite the allenliou .d the House to the words ol thai amendment •• llus House taking m ronsidM-alion the general Policy olHer Majrsty's Go\ernment is ot ovnuon thai on the ^^hoh' it is calculated to jTomole Ihe hesl interests of lh>- counirv. Un ///«;u/(0/«'isca: rable Gen- temenl in this manner ; that • of L.,:-,ls un- doubtedlv possesses a \ ery substantive j.ower, wh.ch serve, as a posi I'.e (ii.'ck upon the Lower Huuse, when il has been mducM, lo ad wuh unwise precipil.ititm. ((irey. Parliamentary Government, p. bi i Todd sums up the question as follows : U is the undeniable right of either House of i-arliam.T,t, t., advis^' the Crown upon the e.xercise of this idiMuissal ofminisler^, or any ulher ol Us I "erogalives ('r>'dd, Vol. 1, p. 21 1.) The British Colonial office imposes upon Colonial Governments the obligation of taking cognizance ot adverse votes of the Council. The following is the opinion of Mr.Cardwell, Colonial Secretary : Downing street, 2Gili .January I S^fX;. ' ■ i ca.inotVhow:y.;;'av'r;nV;;;;e;;ing'v:v e;;u;^ .sp.itcli in which you speak of tue concurrence .1 the Council in r of your it(!Sli,UCn in wmcn jmi ^^..;au u. ...^ ^w. ... - „„,„„, ,,(• ,),„ Bills of supply and appropriation as merely lormal in its nature of he alU-eddisn' anl of ih'ir legislative rights as msignihcanl, and of h-ir complii.'ts as frivolous J.X easily refuted, li is ':ruienl'y amuiUrnol me- ar. — 25 — rchi fni mnl, ir't kssi-.' t,ai.i.y nr si'iistamik as wki.i, as i-oiim, to pass by lli<' way in wliicti you Imvc lieoii ailviscil to j^ass liy, llie (Incision ofonii hrancli of till' Icf^Mslaliire ; ami Iho |(ritici|ilt!s in issu-- appear to nit? lo have been so plain, ami the ri^'til rnlo of'ccmluct so c'ear, llial I cannot but vi'[i\v\. your liaving ilelerrt'd to the advice wliicli you received C'AliDWKM. ^J 2. — Accordiiio' to theso principles, the (rovemment had one of two courses to take : 1" To liilfill the promise contained in the answer ol the Lieut-Governor to the Council of settling- the diffi- culty ; 2" To challenge the Council and to cause the Lower House to completely reverse \vhat the Council had de- cided upon. But the Government did not keep its promise of restoring- harmony, since it abruptly a; uirned the House, which ft nplies the refusal of the Assembly to work any furti. with the Council ; moreover, it has, conti- nually since, maligned the Council in the Press and at public meetings. The CimoNiCLE calls the councillors ohl ivomen, rEcLAiREiTR, La Tatihe, La CoNcoKDEand the Fkanco- Canadien, " ig-norant and brainless " and the Hon. Mr. Langelior at a public meeting called them '• grey male- factors" vieillnrdx ina/JaisaNfs. It is therefore quite evi- dent that the Government did not wish to settle the matter. As to the second point, the Government secured the passing, by the Legislative Assembly, of a vague roso- lution which bears on no particular lact. It did not cause the Legislative Assembly to deny the following averments of the Legislative Council. 1" That the government is open to censure for having withdrawn nearly all the measures announced in the speech from the throne. 2" That the government is open to censure for holding- office with a majority varying between the casting vote of the speaker and a majority of two. 3" That the government is open to censure for giving out considerable contracts, paying large sums of money, remitting sums of money, and the whole without the "«tww«..,5iT»TO«5GaTS!',«;".IU«UUJSiUJi»ia»li«. ma 2G — authorization of the houses and, in some cases, in direct contradiction of their orders. 4" That the i^overnment is open to censure ior having violated the spirit and the letter of the law in three or four acts of administration. 5' That the Government is open to censure for having violated the financial obligations of the country towards certain private railway companies. 6" That the Government is open to censure for having paid current expenses with money taken from capital fund. P 1 • 7" That the Government is open to censure ior having so arranged its hnances, as to have only $500,000 on hand to meet^ payments amounting to *4 ,000,000, and that therefore it is subject to the reproaches of Mr. Gladstone and of the most 'illustrious authors, by simply evading the question instead of having fiiirly dealt with it. True it is, that the Government could not have the Legislative Assembly to vote resolutions contradicting the formal accusations of the Council. And this is where the .Toly Government has placed itself in an unconstitutional position. We know that the Government will endeavor to escape by saying : '" The Legislative Council has no more authority sinct? the popular branch, the Legislative Assembly, has passed a vote to abolish it." But did the House of Lord notice any falling off of its power from the fact that the Com,mons one day voted its abolition ? Look at the Journals of the House of Commons ? The following resolution was carried : RrPolvtMl Thai 111'" House of PctTS in Parliampnl i> us"le?s and dan- trerou-^ and'ought lo he nholi^li-'d. and thai an Acl he hrunghl in lo Ihat pj^rpiise— (.1. lluuse of Commons, 6lh Febiuary, 16VJ ) The .Toly Government could not have done better. am «»*»»«»»mw»WTO9«««i»Si4flrtnii»4, III -CAN THE GOVEENMENT DO WITHOUT SUPPLIES ':* § I. — Since the hvo months, adjournment, the public want to know what to think of the situation. We submit some constitutional principles ruling- the case and each one may draw his own conclusions. Our readers will be better able to judg-e of the action of the Government by the following- quotation : May, page 532. A frrant rroni tfie Cciiiinmns is not cfTcclual, in law. witliout the ultimate asM'iil of llif? Qiii^en and of Ifie Mouse ofLonls. it is lli^ practice liovvevrr, lo allow tlic issue of public money, the application of wliit'fi lia-^ h''eu sanctiorie'l by the House of C'mmous, liefore it has be.Ti approirialeit lo spec lie p\irpos(-s by tlie ap| roprialion Act which is reserved until the end of the session. 'I'liis pow^r is necessary for the |Miblic servic'' and I'aitli is refosed in ihe aulliorily of Parliament bein? ullimat'dy el)t;iined; l)ut it is liabl." to be viewed with jealousy, if Ihe ministers have not the contidenco of Parliament Bui there is an irregularity in | rorofnuiiff or dissolving ['arliamenl. liefore an appropriation Act has been passed ; since by such event all the votes of the Commons are rendererj void and sums re'piired to tie voted again in the next session before a legal appro- priation can bo efTected. In England, the expenditure of a farthing for ordi- nary purposes without a vote of the Parliament i» a r..«..»«tmRar.JHK--auUMii«u«n«i« llil IIIIIIW — 28 — thiiiff unheard of. AVhon the IIoiiso meets after the fiscal year'^has expired, a special vote for a certain amount on account, has to be passed in the following manner. Hut tlit-m- lesoluUoiis, altlio\ipli llu'y reconi Uif saru:lion uf \\v llu^l^e ol Comiuoiis to llif .'X|fii(litiin' siiliiiiitlnl lo lln'iii, am) auUionsp a -rani l.i 111.' Crown fnr Ih.- (ili|''tMs ;.|.riMli.N| lli.-n'in, do. not fuai.lf tlif (.ow, niiu-i.l lo f-'iven to Iht^ vot.'s in Mipi.lv. hv aiilhorising Ui<' TroasunT lo tako otil o! llic cori- soiirhitcd iMind, or, iVtlial Iniid lie insnlliciml, to raise by Exchnpirr huls on llu' s- cmilv ol'll:*' lund, the money nMjuire.l tu dolray the expendilnre bv siK li votes.' 'I he v( les iu Cominillet) of i^u\<]^\\ anllionz" the expemii- liuv ; the vote< in CommiUee of ways and means provide liie lands to meet such exiiendiluie. Tlie manner in wlrch'tho provision is made i^ as lo!iosvs : as soon alei llie commeiicemenl of I lie session as possible, whrn mlt'S on account ''[ Uw linml scrrins have been reported, a rrsolution is jiro; used 1:1 couinnUee oi'wav< and means •. n|'"'' thii resohiUon a Hill is founded, winch na^ses liirotigh its various sla-es, and liiia,Iv leceivrs tiie roval assent, at a very early period ol tiie session : ,11. d lie n '/><■//( / iHi'nrc. tiie Treasuiv arc empowered to direct an ls^ne ol the , unsolidaled iMind to meet the i>aymenls authorised by the vole 111 Mipiilv of the lit use of (Uuiinuns. The conslilulional ellecl ol this pr'O- ee'ding is ill il. until the (.)ae-n and llie House of l.ords liave assented lo the giant tf wavs >nu\ means, llir appropri.^lioJi of the public ^nonci/ di- ndnl hi/ a vole 'in si'pplij In/ llie Ihuse of C(,mnnm is ino^emlur I iieso genera rpiiiiits of wa\s ai^d means, upon account, i.rovuled by successive Acts of I'arlunnenl during llie session, in anticipation ol the specilic ap- propriations eiiibodi(>d in the aj.proprial on Act i^assed at Ihe close ot the session mav be viewed as the form in which Parliament considers it most fonveiiienllo convev their sanclion to the r/(/-(?i/*>rn;( issue ot public money upon the ai propriationdirecie,! bv ihe Commons alone, reJiiviy uyon llitir /inol ccnfiniK'li' n hnnijahViincil nl llie close of I lie, session. iHejiort on i'ublic moneys, C mm'ons l*aii"rs, 1857, Ses. u, Vol. 1\.) The on'y form by which the House of Commons, alone, can ask for t n expenditure of money, is by an address to the Crown by which it prays for its ri'quire- ments and further states " that it holds itself responsi- ble for the amount. "' This is the only credit vote that the House can give under the circumstances ; which means that it binds itself to vote it at a future date. Such addresses, savs Todd, are only jusliliable when there is no reason , to apprehend that the supposed advance would be disapproved ol b\ ih| other Ibaise of Parliament, whose concurrence is necessary to give 1-gal elfect to any measure of supply or appropriation ( 1 odd, vol. 1, p i.iOj. The first instance in w^hich a Sovereign refused to j receive such an address from the House may be found in K^v:««iK;ii.i — 29 — tic fiscal oiiut oil ItT. !■ lloii^e ol a f.'r;inl li (l\r| IlllU'I.l .1. A fur- mirililee I'l 111' 1 ci!-sril 11 lu' j.'iven (iT I 111' cori- t'i|ili'l' liills \|irllilillirt! 11' iNji'Mllli- llils 10 Ull.'i.'l , pooii a I'l CI" •oiinl I'flhi' cjuiniilli''! ; u|io:i uis Pla^'i'S, lie ?e'S!-luii ; an is^UH f.r lie vi.lt' in )!' tliis I'ro- asst'ult'il to moneii di- iip These ?ucot'ssive sjfcilic ap- L'lose of ihi' ItM's it ino?t ililic nioni'V r iij'on tlitir iHcjuirl on oramoiis, s by an rt'quiro- respoiisi- vo\e that ; which date. i no ivas'Mi :.i of by i!i^ ) give l''i;al . J, 1'. ■i:!0). Bfused to found in Itatselfs Commons precedents, Vol. 3, p. 10.>. The Commons had asked Cleorge IV, then reg-ent, on the 2'2iid May 1811, to pay a sum of ^£54,000, to Mr. Palmer, in settlement of a claim. George IV sent the following answer to the Commons. It has since served as a for- mula ; ll must at all liini'S bi' my most earnest il'sire to allenil to llie wislii'S of the lions.' olTonimens, ami 1 shali he reaily to giveellect to them in this inslanee wheni'ver the means slial, liave b> en iirovi(i"(l by Parliament. lie based his answer on the fact that the House of Lords had already opposed the payment of this sum, and the Regent, being cognizant of such opposition, desired to impress on the Commons the necessity of securing the consent of the House of Lords, to authorize such an expenditure. Hatsell adds, page 106 " because the Regent must know that what the Commons resolved to be due, as of rii^kf, had been denie I by the Lords to be due. " Todd says : This mode of obtaining tlie issne of money liis been improperly resorted to for th" ••.xjiress purpose of escaping tie; necssity for apin'aling to the House of Lords for their concurrence. (Todd, Vol. 1 p. 'i!i(j.) The same answer w*as given by the Queen on the 21st June 1841 to an address of the House of Commons praying her to pay a certain amount to some claimants. The following extract from Ilatse/ts ])receden(s, vol. Ill, p. 200, speaks for itself This is an authority supe- rior even to May. • The Hills for i."ranting the aids liy duties upon 'and a-id ealt had passi'd m li-cember, 178.3 ; and several service's of the army and na\y a.-id or I- 11 iiice h.ad bi'i"! thi'n voted by ill" Iloii^e of (l.iimi'ins : but no bill had jiasse.! aiMTOeriating ihe prodiire' of Ihese taxi's to th'Se services. Upon ;!i" change of administralion, btd'ore ihe (Ihristnias recess, an appr^hens on v.as eniorlained of an inlenlion in the n w ministry to dissolve th'^ I'arliament ; and it was thought that this m"asure would take jihu'e soon aft''r the meeting again, in January, I7s4. A d ubl arose, supposing tins avi'iit to hapjien, and that the I'arliamenl shnnld bi; dissolv.'d Itefore anv ;ii't was |.as>ed for approjiriating the land and mall duties, wle'tln'r the r.tlicers of the (Jrown in any d'^parlment would be aiilhorizi'd to |i,iy. upun accnunt of the navy, army or ordnance. H h.id bfen usu.il fur the irea- su y, whilst ihe session of Parliament contnued, to dirt'cl tli" ap|)licilion of any of tlie gr.ints to the services voted by tin.' House of (lommons in ihiit session ; and this without any approjiriation liv Act of i'ailinnu nt. This they had been accustomed to tlo from th'' cunvi'nii'nce it produed to Ih" public S'Tvice, and under lie. confidence ll'al, he/'o'-e Ifw iession was »**mmtmtgmmww*ammi 30 ^nnllij rln'Til. nn Arl of PnrliawenI wnihl he ptssrif vhich, Ity niiprnpriatinj? tin' ^'rai.'ls to liic dillcfi'iil iniMic spi'viccs, woiiM tticii'liv coiilir'in ami au- U\ovi7.i- IhiU iirot;r('iling. Ijiil if Urn I'lirlianviil bhuiiM iic'ilissolvcd ami Uie si'.-sioii llirrcliy pul an laiil to uvcry /nsolulioii (if lliu lldusi: of Commons not cairi^'d inio i-lW-vX by a law would lu' dom' away wii!i ; liic volrs Tor till' army, navy and oidnancf \Vi uld h" as if they ni'MT had li-'i'n |ia«si'd, and ihr if/icrj's of llw Tnasuri/ and k.rcliftjucr icaitlil he !ifl \\iiiioi;t k\k.n nil-: Ai 'I iKiiiri'v oi' a voik ok ■ini-; IIui\>.k ok (io.M.Mu.Nt;, to apjily ai llicir di."- cu't'lioii and n|ion tlirir own ribk tl:c jirodiict' ol' llip Inml an! malt dutii's... 'I his dilliciilly was incrrasi'd liy tli" rcsolulion of the Houso ol (Jommons ol till! rJlli January, l'78j,wlurli was rt'iiortcil IVom a commillt.'o (d' tip- wliole Mons'i and was aj-Tccd to, I'Ol only willmiU a division, hut tojiid},'^ from what passi'd at lhi> Imu', witluait much ililfi'H'iir.' of opinion 'Iliis ■riiS(dnlioii adopted ihosc ideas of apjiroprialion of Iho ^'rants liy I'arlia^ uienl, whir h I havo h"ro ondfuvoiircit to explain, and declared ": "lliil any jieison wl.o could controvert that doctriiiu, by apidyinj: any sum of money wilhonl tlio authority of the ratliann'iit, Lo Ihc ']iul)lic S' rvice, afl'T tip' Parliament should he ilissolved, wouM he ^niilty of a high crime (iiul misdemeanor." — (Ihilsell's I'reced'-nls, vid. Ill, p. VOd-S \ The resnlt of this ortlt>r was to prt^voiit the Govorn- moiit iVom touching this I'nnd ^vith the pxcoption of a small amount, and was all the more justiliable from the fact the supjilies voted the previous year could, at that time, be applied to the following- year, in case there was a surplus. The only occasion on which the House was dissolved without the supplies being voted, was at the death of George III, in 1820. The Commons voted a lump sum and did not have time to pass a bill ; but the Lords legalized matters by the following resolution : That Ill's House, from the slate of puhlic busiip's?, ac<[uiesce in these resolutions, filthoiight no Act mav he jiassed to j:ive them etfecl. (Hansard, vol 41, pp. l(;31-;i.j ) To quote a few out of hundreds of authorities on the subject : Lord Howick .■ At the dis'^olution too, none of the sums which had heon vol''d lor the public service, were ajiiirojiriatud, for no appropriation act bad been pa>sed. Without such an act, by a solemn principle of the coiistilulioii, '.lie application of those sums lo jiarticiilars services, was not fonstilulioiial or I. ^ral. He readily allowed that there might be siiu.ilions 111 whicdi a govtrnmeiil ought to act. Without a support (d the law, when the state i-ervice required its sus|iension ; bnl then these situations must be luiloresetii and in- vilable. If a ministry, with their eyes open, placed themselves in a situation in which, on the one hartd the law- must be brc.ken, or on tin other the country must be endangered, it calls for the most solemn considi.'ratiori of l',arliameiit. Mr. Bankes : He was also ready lo admit, that there was no precedi'nt for an answ-'r like the jiresent, but would the lion. Gentleman show hi n any preceilenl for such aa address? WMien the opposition of the other ^ »» < » in nnnn„nim i»»«>mwmyy^ffl wTirmmmmm - 31 — ^npriatir!(/ 11 ami aii- •d ami Uie Coiiimoiis ■ voltis I'dr ■n |ii'i«si'il, ioi;t k\k.n llicir (li.«- t. (tutii's... (Joniiiiniis <.M3 (if 111" I lojinlf^'f' ioa '111 is hv I'arlia- 1: " '1 hit iiy sniii of J S' r\ ict', igli criint' jiovoni- )n of a le from could, in case .ssolved oath of ip sum 3 Lords n in those (ilaiisar,l. J on the I li'id l)''on i;ition acl lie of the s, was not siui.iiions iiw, when ions iiui?' L'n, ])lac('(J must be is fur the IIoiiso to tins prnnt was known, and that Honso liad an pqiial power Willi llKi Coiiinions witli respect to ^rant of money— (Hear, li.-ar,) he denied thttl this llunse, as assertffl in the terms oC the motion, were •• sullieient " ot llieniselves to make j,'ood a money grant. All the best writers down to HIackstone, snrely not oiu: of the Imsl nuthorities, held this doctrinH. 'Vim Commons, indeed, had the right to originate ai,d api^ropi iate. This no one dunied, liut il was equally umh.'iiialile, that llii'ir vole wis not «ri,slativ0 Assembly; it may from one day to another be voted by the Legislative Council and become law. In such a state of things how can you ask a double vote of money from the House and require it to grant money which has already been voted. Constitutional la-,/ is against it. To give siiliMdios upon subsidies is not usual. In Uv^. I8lh year of Henry the HI, iher-' was one member punislied f .r jiressiiig for more subsidies, when subsidies had Jieen granted before in I'arliame,iii. Aim! iiole, if any new project was jiroposed in I'arliament, for raising subsidies (r sujiplies, the Commons usually replied thereto, that tliey were not instrui ted Ijy their Principals in that matter ; or that thev durs"r not C'lisent to such tax etc, without conference witli their count) o (Lex. Pari., p. 117.) precedi'nt show hi 11 .ho other .WUTr^V^t-HiOniiMiiulliiiiU^^ ■ l"i>iiii»!TTnnw IV — CAN THE GOUVERNMENT BORROW CONSTITU- TIONALLY ? ^ 1. — Can the government borrow ? The Treasury act, 35 Vict. Chap. 9, Sec. 2 Sub. Sec. 27, says : 5. The Li-'UleiLinl-Govrrnor in Council may also, from lime, to lime in case ort'xiK"ncy urisiiig oiil of lailure of the revenue from unforeseen cases, dirfculii! treasurer to I'llVcl any needed temporary loans cliarge- ahle on llie rnnsolidalr ISTITU- «ec. 27, lime in Imforeseen s charge- In, in such .ercst, not n Council lilt of ilie p cliarges purpose I, which created are no absolu- — 33 -- Thi? primiiilH which forhiils gifts or loans of nionoy to he s,)iii:il 'i| hy th<> (lovt-rnnifnt has Itccn furlht'r fxlenilt'il to forhi.l any |n'rson from vohinlarily landing mont-y to the crown or to any (lnjiarlini^nl of slalo, for |iuhhc purpost's, without tho sanction of I'arhamynl un ur penally of a misdinnfanoitr. (Todil, vol. 1, p. 45i ) It is an olementary principle of constitutional law that is universally endorsed, and which has been '. variably practised that : Kesolved : — Th.it Xvhosoevcr sliall hereafter leu'i, orcuise to l)e lent, by way of advance any money upon Ihi; l)ranches of the Kin'.,''s revenue, ari.^- ing Ijy (hisloins, excise or ht'arlli money shall he judgcii to hind>T the silling of I'arliamenls and shall ho responsible for tlie same in I'arliamenl. {Journuls House of Connnons, 7th January IGSO.) The comptroller of the Exchequer in the return to the investigation instituttnl by the House of Commons on public moneys, in 1857, (Vol. IX, Sessional Papers of the House of Commons) says : The Bank of England is forbiilden to lend any money to the government. Here follow more authorities : Fox : — The measure said to bo going through the country, by way of a rpoonimendalion from His Majesty to the people, to stand fortli and assist Ihe executive government with voluntary subscriptions, he had ever held to be entirely illegal, and a measure the most dangerous lo the constitu- tion of this country Parliament was now silling and yet His Majesty, by his secretary of stale was now iiorrowing money on his subjects without the intervention of that House, when the constilulion had over and over again declared that money shall not bo given to lli'^ King by the people of England through any other channiil than that of their representatives in Parliament. (May, I'ariiamentary History, Vol. :i, j.. 83-S7 ) Concerning a project which emanated froru the En- glish Grovemment in 1794, to raise public subscrip- tions, we read in Massey's History of George III, vol. IV, p. 77. Slieridan therefore moved the following resolution : '• That il is dangerous and unconstitutional to ask for public money, '■ilher in the way of jirivate aid, a loan for charilahle purposes or as a ^ubscrijition for public purposes Without the c incurnvnce of Parliament." The project oftlie (Joveriimenl was hlameablf in principle. It was un- conslili/lional aii(! in no way called for. The House of (iominons has Ihe t'xciu^ive right of granting supplies for the service of the Crown ; and an iramHdiate appeal to the public with the object of obtaining aid for their legitimat-' services is a violation of its rights and jtrivileges The Parliament might some day refuse supplies fjr the increase of Ihe army, and the next day, a royal decree might levy the funds which P,ir!iam*'nt had refused. 8 — 34 It is ct'rtniii lliiil tht> riovcmmt'iil dil riot wish lo rtrl in an iiiindrislilii- tiDiiai iimrmiT. Its olijf'ct was r\ii\\l : Iml it diil riol tiikr llii> ri^'it nn-ar. l(j a •(•()iii|.ii-li it. (Masst,'y, (.IcorKu Hi, vol 'i, ji, 78, IrMiislalfil Irom tlie lri.'.iicli |iaf;i's 77-70.) Tho follow ing- ((notations will prove that thiS' prin- ciple, HO clt^iirly delined, is still in forco. L T'l Hroiij^hain. Tlm-i' wii'i ilms sufiscrilic, 111(191' wlin conlrihiiti' to rnisn l.ir^'i; ninda wi/ii(iiit '.111' initliorily of I'liriiann'iil, must I c iiri'iiirml lo aluiinlon ttm coiisliiiilioiuil doctriiH's nrsiiriic of tlio altit'sl corisliuilioiml lawyers and hij(lii'sl con-titulional aiitliorili<'s who hav»' t'viT ll(aw'ish''d in tliis country I'idiii tin' momt'iit th" sniri'ranui' of I'arlinnn'nt, lli" toli'ranco of Ihi' ii's|ii'('lihli' classes and thi\ iiolitical, — not to say juirly or (iflions, — zeal ol'sonii' allow ami |ii'i;-isl in allowing' Ihosi^ lhiiit,'s lo h<' dom.' with imii\inily and wilhoiit slint or control, lln; const'fincnct'. oflhal will and niusl int'vilahly li", to loosen thu roundatioiis of our parlianionlary consl;- tulioiis ami to raise up a new trade in this couiilry, for it is driven as a trade and for money — it is driven as a tr.ide. Cor (he base lucre of ^ain making.' t he pieii m as llinisy as it is stale, of patriotism, I mejin the trade of constant political agitation. Ami lie you well assured, niy Ijord, if that trad(j 1)6 continued hy not heing discoura>,'cd and sulfered iiy not hein^' clieckod, tliere never will lie wanted persons to carry it on, liecause ilreipiires, of all traiies, til'- meanest accomjilir-hments, the shortest apiirenticesfiiji My Lords, I will have this country governed l)y the (Jrown and hy the Parliament (ilansard Vol., 83. ]), 3«.)" Loiu) Mo.NiKAOi.K. — No principle was liotter oatalilished than that any jK-rson lendiiij,' iiMuey to the Tre;js>U'y or to the (Irown without I'arlia- nienlary sanction (■ommilled a misdemeanour a{,'aiiisl the State. In the charter of- the Bank of Englau'l a clause was introduced forliiddinq dealings lietween the r3unk ami tlio Treasury e.\ce|it sanctioned hy the Crown with I'arliameutary authorities. — (Ilansard vol. IG'2, p. 8is7). § 2. — Tlio Colonial oflico is severe in this respect. AViien (ho Victoria i Australia; Government ^vi.shed to borrow money without supplies, the following* remons- trance was sent to the Governor by the Colonial Secre- tary. Downing Street, ''G Fehrnary, 1806. But y(ju ou;.'ht to have interiiosed, wilhal! iLe v/eighi of your authority, Still more evidently was it your duly to withhold yoiir personal co-ojieration from the scheme of J)orrowing nWH1HHrtllVtfWl»UH«» nnslilU' t nit'nr. loiii llie priii- j,'.! fniiils [idori Itii! j.TS ami in Uiis :oli'raiico clions, — ma with will iirul y coiisl!- ivrii ii^ a of f;ain e Inide of ,liat tracl(5 chpck'iil, ii'iis, of all ■'il' Ill by \\v that any 111 I'arlia- , In llie "orliidilinR >(l by the .s7). rospect. ished to romons- il tSecre- ., rv, 1«(;6. ^ :::::::;:::: 1 r aulhorilN', ,: ■- I )iir limy \c '^ viiifT money I V, bi'caus*' I icloria, and ;| iving betn ur of which enceoflUese ipropriaiion — 35 — UmhT th.s.. cin-m.Man.'.s it cannot, I think, bo di-ni^d that any subjoct •n Ih.'rolony was,.nlilh.d ivs|M...|inliy In approach his Sowroii,, ; ^^ ^o.nplam hat.in Ih. uno ca- by iho wron,'rni co.ourrono,., a„7;„'Z ptiior by ihH personal co-oponition of iho (.(n-m's n pn.so„iaiivo |„ I ..o.m , ,.prn,.d |„r a Innn ol iho b..,.|it of ih. M.fnodv'which ih. c„ m 1 X-. ni vo(,„\,.r„n„.nl. I do „oi .,.,• j,, Uio lanKua,,'.. of ||,m a,| |,,.^^ any- thing' d,Mvsp,vllull,, II,.. M,,,. sty. or (.Ihorwi.^vmhv of c.nnr,^^^^^^^^^^^^^ •/,,;/./ InU rr/.»u:nrl,jrl/„U Ihr r..nplalnN of the }rul,o>,rr, urrjus'l ''^"WAlin O.MIDWI.I.I . . AVo n-ivo soni.. (-xiriicis from thfcpotition to the Qiioou ihat Mr. Cardwell said wa.s woll i>Toui? lod : \\i' fnrlhcr dosiro t„ brin- undor vonr Mvj-sly's nolici Uo- f..lJowine stal..monl n.ado by Ins lvx,:oll,.,„.y Ihi- (.ov^n'or on tho '!lNli; S. puS' "^ '• IMS npponrin.' that thor.! was no powor of dinutly applvins,' tbo Piildir HMv,.nm, ilsHl to ll,o pur|«iso fur whud, ,t ^v,.s L^van\l,\ 'iho ti,sl obvi|,us,.xp..d,..„i to provni Iho injnrions CM„sor|ucnc,'s which would in.'vit.bly lollMVlrom th- coniinuod susponnon uf Ihf! I'libljc pavniont- was to borrow monoy, if possiido, for (ho dischargo of tho liabiiifios of govornn.ont. On this point I .hall onlv obs.Tvo that... . ' th oi.inion tin, ol.l moml)ors of th.- bar that Ihr MajostVs local gowrnn.-., t hasfg.dlythopowortoonb.rinto oontra-is b.nding on tho (Irow for purpososo apnbhc namro and nooossary for carrying on Ihc propor lunot,onsol-ovornm..nt, inolndiniT contracts to borrow monoy fir h^ payiuoni o| ..xisting Lgal fiublic liabiiUios. - ^^ "^ barri-lt .\V,.ar« lortdio. in our vn-w by tho opimon of aimost-owry ■< ol slaadingm tho Ulooy, thatthe -ovornmont havo not •• logallv tho powor to oru.T into conlrarts bin.ling on tiio Crown, for purposos of a public natur," and nooo<.ary for carrymfr on tho proper functions of govorn- men , indnd,,,,' contraois bW,orrow monoy for th ' payniont of ,^v siing h^gal public habiiitios ' in tho absence of an Act of th. Lon I S D^cJi^inlJi^^lsST"" ''""'• "^'1'''-'^^^ "■°'" ^-•t'in> potmonersof Victoria, As may be soon, Mr. Cardwell settles the question at onc,^ Ile.laysdown theiactthata Governmont can- not borrow money to meet its expenses, without the au- thorization orrarliament. n IS thorelbre possible that those who lend money lo the Quebec Government are guilty of mesdemeanor and liable to lose their money. r V.-CAN THE LIEUTENANT - GOVERNOR AUTHORIZE EXPENDITURE WITHOUT A VOTE OF SUPPLY ? ^ 1, — ^Ve have laiddowr the constitutional principlea which govern a ministry without supplies ; we will now look into the precedents which will show us how the English Government means that these principles should be respected. A G-overnor was dismissed, me- rely because he had allowed his Grovernment, to whom the Legislative Council had refused the supplies, to pay the necessary expenses. The energy of the Colonial office in this instance must give us an idea of the im- portance which, in England, is attached to the previous sanction of every public expenditure. AVe have still another precedent in Victoria, two years previous to the one we have just quoted. Sir Charles Darling, the Go- vernor, after having wisely resolved not to allow his advisers to incur any illegal expenses, allowed himself to be circumvented, and ended by allowing his minis- ters to borrow money from a bank and to pay the em- ployees and contractors. Here follows the opinion of the colonial office. iMiiiiiii 37 HORIZE PLY? •inciplea we will us how 'inciples sed, me- whom plies, to Colonial the im- previous ave still IS to the the Go- How his himself 5 minis- the em- inion ol Downing Street. November 27lh, 1865. •• ••• ^n I'lis slate of the law. vourtrovernmenf with vrtnr ^anc .on prevailed upon one of the banks in which a "TuS i'c Ac ounl -^^ m'l'- '" ''"^^ y^" "' ''"*'" '"''''^'^ ^"'"« ^f -"on^y. an 1 to cr V that h , J.M,^ '''""'^'' '''°""' ^'''^^ ^'^^ ^° '^^ •^^I'^'l "P«" ^y you ir turn ha the hm'i'cf' 'T."''; °' '^" '^"'"^ commissioners :' an-l it las ag eS ^hdl the bank should, at once, petition the Supreme Court, under the Ac 26 V.ct. lor repayment of this loan, that your government shouM a onct onfess judgment, and that you should, thereupon, rnabie th°m to re.^v commis".L'^,p''l'^''''-' ""''•^'•sl«"''\r/'" ?f'-r'^^'«" biii,'\vhich thfcorci ti iroceriuM.^^ e.xtension and continuation of uiis jirocesh that thr- government has b.en since carried on uTJ- ','" r^ ""^''^''f land on what ground it can have been imaginVr'l'llu'U vou u..re leg.l V authorized to borrow from a private bank lar-.' Vu „' of noney on behalf of the public. No authontv is alleged^ a id "am u able to conjecture any The only excuse for such a proceeding wo" " mve bpen an overwh-lming public emergency ol such a nature artoinstifS wha was noljustilied by the letter of the law. But as have obsir i? ou had already declared that no such emergencv existed. Ami you we e uS knT ?"' ^™.«'-^";"^y '«"• '^^i^l- If I'ayments were legally lu 7vom the Crown to public olbcrs for salaries, or to any other pHrsons on ar.v nccount, ii was open to such persons to'recover Jhat was' o due to tlie n . th. ordinary course of law. It was for one or the other brand o the L.g sla.ure to vieM, or for l>oth to compromise their dilf-rence U was not (or\outogiv.. a victory tooneor the other partv bv a proceedin^in warranted either by your commission or bv the laW of life colonv " must l-nil out that by such a proceeding the t'overnor and he GoVernmen Tu ount 0? n!r.'?'r' ?' r '°'''. '^'"^ '"'^''^- '' "^"^^ '"°"^«"^- with.irrany 'i^i^ bvl u nn ";' 'T'."', '■ ''"''"'c Account " to which it is couuter- . Ml d bvlaw.andpla -= U at Iheir own comniami, relieve.! from all the ' liecks with which llie Legislature has carefullv surrounded it ,lh.rdly, as to the expenditure of the moneys thus obtained I linl it u.'icul 10 suppose that by the Crown remedies and liabihtie Ac the Legislature intended to enable the government to discharV,! withoi't is concurrence, ll.o.e ordinary exp .ises of government whic i t reserv s to ilseifUie right to re-consider annually. It may, perhaps be doubted whe her o lice-Jiolders. who are under a standing not i'cJ a \ ud a lari^^^^ TetSed In ,h"i''''' «"""a"y passed by the (Tolonial Parliament; won d t e t Late! by the Supreme Court as having a claim u,.on the government -ndepently of any such a law. But it ,s not allegj that the Si en"e Court was ever called upon to give ju Igment on tlie question and you do no nform me of any law which wuuld warrant you in paying away anv \ !f»m»~-iifH*MXMf- prcU— ill collHctiii^r .l\ili.'s wiihoul sanction of law ; in contracting,' a loan ^vlllloul e-anclion ol'law : ami in pavln^' salari.-s willioiU sanction o( uiw— ro; l„ire - principle of i ii/id mlltr-mce to Hk' I nr. I il'"'iil> rcLTta llii« Tilt! gmicn's licprcijcnlativ.! is justitie,! in ili'lcrnii- very lar- L'clv to his con^liluliiinal adus-rs m nialt^rs of jiuiicy or even ol cimu . Hal h-' is iniiMTalivt'lv bound to witliliold lli" gucn'saullionls Irom all or anv of those inanin'sllv unlawl'iil procM'iliiiKS I'V which on" jio ilica. nartv, or one member ol' th • jiarty |M,litic;, is occasmnally liMii|ile(l lo en- deavour to e-^lalilish its prcpondeiaiic" over aiiothiT. 1 am ijiulc suic Ihal all th" honest and inb'UiL'ent culonisls will concur with me m lluiik- iii" Dial the puw r> ofth- Crown nn^'lil never lo Ite used lo authori/" or faciliial'' any acl wh.ch is required for au immediate iioiilical purinjse, hut is rorhidd''!! Iiy l.iW v ■■ ^ Caudwki.i.. • ■ V - ■ January ^2Gih, ISOfi. 1 mak.' every allowance lor th- position of tlic (loverneiof a colony who tiiids himseir called upon by his r si^onsihle ministers, with the con- nirrencH of the Legislate Assemldy. lo adopt, for the purpose ol o\cr- comin-an immediate ditlicuity, meu^ures, in thnr nalme .pi.Miuiiali e. hut which, ;n the opinion. oi his legal advisers, are within tie' leit, r cl the '^Tcannol, however, avohl exp.-efsinp my entire dis^'nl iVom that portion of-vour despab h in which vou speak of the cul iv-re't your having.' deferred to the advice wliieh you re, nve 1 < AliliWKI.I , I)n'.vi.in{? street, March J'ili, If^'K)- ^Vllll respect to Mich a uieaMire as that of borr^.uing m ic v, m a man- ner ui, warranted bv law, l^ r the , urpos- of axertm^: a public inconve- nience. 1 tru-llhal'l need not eons.der, in the ra.e uf Wie prosperous and iiitellieenlcomminity whoM. Covermoent vnu are caled to admiuMei, what , .lilliruliio^; which wuuid have aris^Ti from th.i coritinur,i conllict two IloUSCfJ. fnllnu-i'il nc it «-/.iil,? I,n.:/i V ., ; r ii.-.r. litUL.v, iiuuiiu'iiies, I'ach oDsUiiatPiv insisting on its anirclni has mme nlre.uhj when thf Executive Government eiUru^Ved with power (or thr- maintenance oC public order and the protection ot privalf rights, uses that power lor the purpose of ille-allv settin- ;! then advie.., you have a le-her and paramount duly, which i to oli.-e.ve l;;e existing law of the colony. . ■ Cahowki.i.. Downing Street May lb, 1866. As n gard.s the disbursement ol public moneys, and the borrowing of a bind lor th;,t purpose, if your legal advisers, and the Commissioner of atidil are satished tlril the payments wire!, mav be j„ question are aulhM- n/"d by the law. thoy will, of course, be dischargerl iu the usual manner oiil^ ol III., r.-^uljir public balances. But if it shall a-ain be prop mmI to niaKO a^y sm.I, pay,i,en« in an e.xoe,,iional manner withoiil the ii^,-.,! ;••■•■"'"■"■■. ■I'ld ,.ut of a lui, I irreeularly obtained ui th.. wav in whirh befu.Mal Ih.. London rharten.d Hank of AuMraha w,,s ob'lained, you VMll r. 111..,, your as.^eiji, and a.l i.ayments out of it ,ire illegal also. C.UlOWl.M.. At Iho time ol'th." renewal of the cri.sis in Victoria on the2,th iiovember ]>^77. the Government endeavoured to have tlie previou.s deeision« of the Colonial office reversed. In a nieniohindum addre.^S(>d to the "over Sir Chas. Lowen, dated 31 December 1877, the mi ters «av nor uis- liave had under their serious consideration Voiir I'lxeelli.ncv's advisers \Ms('oum(;.rlweirs despatches to Sir Charles iJarbng in 1865-66 esiM^ciallV hose .' ,11, )c tober IS(1,, and -.'(ilh .biiiuary i,S(l(J, and also those of Earl Cranville o lie. Karl Belmore, when governor of N.'w South Wales dated lOtlMun,' ist.lian.l /lb January 1870 all of which have been published in I'-sptct to the issue ofj.ubbc money, that the Governor must personally N ■" ■ T —40 — and independently of the advice of his ministers and of the Colonial Law Officers of the Crown, asc^-tain what the statute law is. and what the proper inier|iretation of it is. No public money can be issued without his warrant and the serious and critical duty which the despatches enjoin, is imjiosed upon him personally of ascertaining and deciding when he can legally sign such warrants — ■Yew'-feHH^ll enoy' s A il vi ;>e r !^ mu y 4 -«ow--ftolicll-yx)m-aLtenLicm-iPJJiliifitct__ that up to the year 1862 the custom of this country was to apply public money to the services of the year on the report of the Committee of Supply to the Assembly, without waiting for other Legislative authority what-n-er. In that year, the practice of sending up Supply Bills to the Legislative' Council was commenced without alteration of the law. and has siirt'e been continued as a matter of public convenience. ThHrefor^-imder the same law as exists new, former Governors habitually signrti warrants inr the issue of public money, although the Couir^H ^i"d not sanctioned the expenditure ....^.-.'7'. Your Excellency's Advisers desire lo fix your attention upon the fact that bv simply recurring to llie former practice, the stale of anarchy and confusion eo.iist'r|uent on the stoppage of supply by the Council can be eireclively and constitutionally avoided ''"* Your Excellency will note that the remedy your Advisers suggest for a serious and alarming public danger is not to suspend any laws, or In liav^ recourse to new and unprecedented devices, but simply to re\ ive ihe original and constitutional practice with respect to public expenditnn^ Graham Ukhhy, I'remier. Sir Charles Bowen forwarded this documont to London. The following is the answer from the Colo- nial office by the present Secretary of the Colonies. [Telegram] Febru{iry 22nd. To Governor Bowen, Mpmorandum 31st December received, also telegram from Presid''nl of the Council. Your duty in this qiieslion is clear, namely, to act in ac- cordance with the advice of n>i'iisters. provid-d you are salislied the action adviseil is lawful. If not so salislied take your stand on the law. If doubt- ful as to the law, have recourse lo ihe legal advice at your command [By Mail] Downing Street, '28ih Feb., 1878. SlK, I recei\ed on the 18th instant, your despatch of the 31st December in which you transmitted a memorandum, signed by Mr. Berry on behalf of your advisers on the subject of the stoppage of the supplies arising from the disseiisicn betwi'en the two Houses of the Victoria Legislature. The general principles which should govern the conduct of the Queen's representative, in circumstances like the present, have been, fully and clearly laid down by several of my predecessors, in despatches with which I per- ceive you and your advisers arc familiar ; and having regard to this des- ■WNMMII _ 41 — patch tf the 19lh September last, I should not hnve considere.! it npre= sary to give you any instructions on the subject, had it not l)een lliat I was Jesirous to preclude any possible doubt as to mv eniire coucurrnce in iIk- oi)inions of those who have precetb'd me in this'olllce To Governor Bowen, Ac. M. E Hicks Bkacii. This proves that the principle forbiddino-a Governor to allow of any expenditure unanthorized bv the Lenis- Jature is, under the English constitution, irrevocable. $^ VI. — SHOULD THE LIEUTENANT GOVERNOR HAVE BEEN CONSULTED AS TO THE ADJOURNMENT OF THE LEGISLATIVE ASSEMBLY':^ ^ 1. — For all practical purposes, the adjournment of the House is (Hjuivalcnt to a prorogation. Authorities make a distinction between a state tempore vncalionis and a state sedente curia. By an adjournment the House IS in recess the same as by a prorogation ; in the same manner that absence is similar to death, in so i'ar as per- sonal intercourse and acts are concerned. The House once adjourned is powerless ; no order can issue, no judgment can be rendered, the least act cani^.ot be ac- complished; the House, for the time being, does not exist. The Parlianienl ilolli rml •^ive |ii'ivilt'<,'i.' Umpnrn racilionl.. (33.-) Tin;' memlx'i's of a I-' tjislalivi' asiMHiihly, hi.'fore its first meotinj? as well as (luring th" interval of its silling, have, as we shall see hereal'l^r, some necessary |ii'i\ ilfges as such; hut the assi'mbly itself has no a\ithoriiy ami can exerei-e none, i xcepl during a session, ami while I he assembly is iluly organi/i'il lor the Iransaetion of business. (Cushing, 4I)(].) A protracted adjournment, W(^ may say, is in con- tradiction to the Sovereign's instruGtions, who has called MM MM .,.;U,..!.\!Mf'JIWlll| srdcnle — 43 — the sossion for the despatch of business. So importiint a departure from the reguhir manner of adininistratincr the public aliairs ]s a matter of g-rave importance, upon Avhich the Lieutenant Governor or, in any case, the other llouse should be consulted. The duty of the Premier, in such a case, is thus laid down l)y Todd: Til.' primti miniskT is hound to kopp Ifie soverH-n di.lv informed ..( all political ov.-nls or iinporlancp, including tlic decisions of I'arlimiirui upon mailers olpuijlic concern . ■ cu ii.uuciu. fTMo"i^?"„f .1'"' i"''*'?';^ ''^''^ arrivvd'at'a dccision'up':n'anv"imporlani quc-liori, whether le-i.l.-ilive or administrative, il becomes llie'dulv oftlK' l;nme nimist-r to submit th same for the consideration of the Crown' 1 1 0(1.1, vol. 1, p. 231.) § 5J.— The American constitution, which is the written exp(5sition of the unwritten British constitution con- tains the following clauses : • Neither l.ous.; during the session of congress shall, without the consent oi th.' other, adjourn lor more than three days. And this is nothing new. This provision was in force when the United States were as yet IJritish Colo- ^']^i ^^ following was part of the charter of the State ot iNew-York. NVilhrr Mouse has a pow.r to adjourn for more than two dav^ U..I KM, muluul cons..nt ; and wh-never tl, -y .i.^agrre, a cuiilop.nce ,/lo lie hi'hi.- i(,hartrr of New-\oi k.) But h(M-e is something more to the point. It seems that our Legislatures have never had the ri'>-ht to ad- journ of themselves. The Legislative Assembly of L ppov Canada, m 1840, ordered the printing of a book, 111 which the following may be found. .Vri-hl to prevent tie' Ifous- or Commons from adjourning, themselves lias iirvi'r tirrii clamird in Iwi-land ; it is claim-d howov.'r witTi r.'.r;,,d to the Houses ol Assembly in Bi itish.Coloni. s. (Todd I'arliamerdary I^nv, p. And this pretension is, it seems, in accordance with constitutional jurisprudence. .Jllit-ronsliMitions of the English Parliampnt and the Colonial AssembliMs iiPCfS'.a"ily diller ; the latb-r cannot ovi-n adjourn tlemiselvs ■ this is done bv th" (.oU'rn.T who as repivsentative of the king is Iho lirst branch of tins sulinrd-nale legislature iChittv l'rero[:a(^we, p 37 ) EwM-y Covoino, is forbid to sulfer the Asseiia>'lv to adj urn itself (Stokes. br:i;s!i Colonies, jiage '2i"i ) " ' ' HIMaMM — 44 — Here, moreover, we have the instructions sent to the then Governor. They w^ere much more detailed than at present, as the knowledge of constitutional law was not supposed to be so difliused as it now is ; the fact being that all relating to parliamentary procedure is now omitted. These instructions read : Asdnv. rnor in chii^f, Ik^ is one ol' llie constituent jiarts of llio (i^neral As^scuitily oriiis Province ancJ lias the sole power of conveiiiiit,', ailjonrn- in^;, proroguing, dissolving tlie General Assembly (Instruction loGovernor.) Here is one of the numerous forms of adjournment in that sense by a Litter sent to the House. Mr. Sp'iiker iinrt gentlemen of tlie Assembly, I do hereby adjourn the Commons House of Assembly, until Monday, the eighth day of .lanuary next, then to meet for the despacth of business and it is accordin^'ly ad- journed to the 8th day of January ne.vt. Given umler my hand, on this '20th day of December, 1768. ?; *J. — The Legislative Council of Victoria, laid down this theory clearly in an address recently presented to Sir J. F. Bow en. Governor of that province, dated the 21st January, 1878. It was as follows : To His Excellency Sir George Fergusson Bowen, Ac. In the ear'.y part of the sitting of the Legislalive Assembly, on the iOlh December, as we have since learnt, a motion was carried that the Assem- )dy at lis rising shouM adjourn until the 5tli February ; and at its rising the Assi'mbly, having previously forwarded several Bills to the Council for their concurrence, adjourned for six weeks without any concert or com- munication with the Council The jtosition of affairs as regards the relation of the two houses of Legislature and as regards the session of rarliiinient his thus becmne anomalous. For th'^ carrying out of Legislation it would appear to be an essential feature of Parliamentary usage that the two [pJiises should sit and tran- sact busiiu'ss concurrently ; indeed, it is clear that the business of Legis- lation could not be satisfactorily carried on in any other manner between two co-ordinate chambers. In the jiresenl instance, an adjournment until the 5th February, without lefHrence t^ the Council, was agreed upon in the assembly, whist the aiipro|iriation Bill was yet under discus'-ion liy us, the immediate con- fe(|m'iice of which is that Bills considered to be of urgent importance are in a state uf suspense, from which they cannot be rescued until the 5th February. A Session of F'arliament according to iiii|ierial usage, although nowhere detined, has its limits, as essentially recognized and as carefully observed as those of a calendar year. In Victoria, this usage of the Imperial Parliament has been followed and the word, session, has been used in many Acts of Parliament as indicating a certain fieriod well understood ; and even on those extraordin.iry oc- casions wlinn. unfortunately as now, the Annual Appropriation Bill has been Ihrown out, the two chambtrs have continued to sit in conformity MMMMMMIMMI '.I'.*. *: " ".T] 45 — it to the than at was not t being is now } (Jrtiieral :, ailjourn- Govci'iior.) mont in Ijoura the if .liinuary 11 this '20th i down nted to .ted the n the iOlh he Ass^m- ils lif'ine: le Council crl or com- is regards session of essential ami Iran- i of Legis- ^r belween •y. without ^vii isl the Jiale con- rlanct' are il the 5lh h nowhere observeii lowed and indicating linarv oc- 1 Bill has ionlbrmity •vvilli sosMonal arrangements and to transact the business of the country. Ilul there has hem no prere1e.nl for (lie course jitlnpled, viz : that oiie chami)'M- shoidd adjourn (or a i)eriod of six weeks or about one fourlli of llie term during which a session ordinarily lisls. wilhnul so much as iDusulting the other, or making any [irovisi'on t'lr carrying into law the nit'asiires utidi-r the consideration ot Parliament, one of whicli IVt conlin- uiiig an expiring law (the Toll Bills) ought to h.ive come into oj^.-rulion on I 111' 1st January. The Legislature consisting of three orderr, \\pr Ma)"sly ihe Queen, the Legislative Council and the Legislative Assembly, is powerless to legis- late without the concurrence of the three opilers ; and now il may he said lo he out of (/ear by reawn of llie adjounmvnl of one Chaw her,' inl/to'it rofnullinij lilher of Ihe oUier two xo far as xve are aware. Ar.d this leads us to rfuiark that a constitution, however good and per- fi'i'i in itself, may soon b-'come inop'-rativeand fall into ihsrepute, if any of th" eomponenl jiarls refuse or neglect to perform the particular ihities (b'- \i)Uing upon them We desire further to bring lo your Kxcelcency's noticf the circumstance that the interruption of Parliamentary proceedings, in Lhe luaiintT alluded to, is without jirciTdent, and is a di'parture froui tlu'si iiit ef Parliamentary institutions, and that the Council is, in no man- re'r r-'si onsible b^r llie misrarriagf^of le;:islation caused lle-feby. (Address by the Legiiilative Cuuiicil lo the Covernur, 21 January t*17S ) The doctrine promulgated by the Legishitive Council of Victoria accords with the English doctrine. The House of Lords cannot exercise any authority as a Ilousf of Parlia- m»Mit or as a Court of error, unless the liuuse of Commons exists at the same tune. (Lex Pari. Sir Rob. Atkins, arg. fol. 51.) ^ 1. The precedent furnished by Victoria, and the recent one given by Quebec, support the following author when he says : The late disi^osiiion the co'onii's lia\e slu'wn mak<'s ilappi'ar how n ces- saiy it was llidl itif jiower of adjournment shouid be loilg'd in the Co- ^"rnoronlv, and nut entrusted with the Houses of Assemb'v (Siok. s P,g-24.3,) •- ' § o — From what proceeds, it must be concluded that the adjournment of one of the branches of the Legisla- ture was a serious proceeding, and that if the Lieute- nant Governor does not claim the exclusive' riu'ht of adjourning the Houses for an extraordinary length of time, he should, at least, be consulti'd on such a subject since so much importance is attached to it and that the reasons given are so strong. \. Vll. -COULD THE LIEUTENANT GOVERNOR LAW- FULLY SANCTION BILLS AETER THE ADJOURN- MENT OF THE HOUSE. 1° In Enu'liind iho presoiico of the yovfroign, or his or ht'r di'logato, in presence of both Hoii: | iHMHt) > tHII I I WWWMDaaiHlM, — 47 — Thisdocroo, in ]5r)n, was confirmod, ainplifioa and explained, by the following words : May it pl.'as^; your llislinHSs, ll.at il Im. .|,.clar..|, hv th;. aiilhonlv of Ins pn-s.-n l'„rl:amrnt, ll.ai i|,.. law of il„. It,.„lm i^.' ami nlwins 'hai hem. thai li,- ass.Mit and cnnsnil olth.^ Km- oltliis It.^lm lo any net of I ai-liam-Ml miKlil lo I.m jriv,.ri in Ins own pn-s.-iic.., )„.in- p.'rsonaliv it."- «<-'Ml m tl,M lliglMT llousM 01 iMrliamMul, or hv Ins Ihuts pah'Ml undMr his frn'at snal, signed wilh his liiuid, dprlar.'d and ralil^.d in iii ~ alK..nrf) to Uw. Lords spinui il and temporal, nwl l/ir romnum.s. nssrinlM la,/>^lfu'r' in Ifif lliyhi'r //(>// w!ac(-(,nling to th- slalnt,. mad.Mii lli.; .iUh war oClhM reigi, o( Il..nry \ III. (I),.claralion of ih^ llnus- of I.nrds, \:ud and nrM- amhlf of III-' acl rnarti'd „i, that assMiit.) ' Sir Edward Cok.>, the o^rcat Parliamenlary authority says; ^ \Vh>Mi Fiills haw passed both IIom.ms, Ih- Kmtr's Hoval assent is not to lie givon, e allowe,! that a!u'r a hill or an ad has I.e..,. read three limes aui disni.sed in the liouse. ^ .paral^'lv, and that the Km- ii, pre.senc , of i)oth louses has given his sa.irl,,,,, ti,, rel^, il,,u n i, ,,11 Act (,f ihe Kint,' and ol ih- whole nation.— iSir Thnmas Smith Commonwealth-I, O C ;> p ('J, I.e.v. I'arl 111) • • -^ r 1 . There is i- L a sinofle modern author who seems to have a shadow of doubt that tho Koyal assent can- not otherwise ])e u'iven. ^ **• — This i>ractice was so constantly and so strictly earned out in Eiioland ihat noi with,-,tandinn- its in- conveniences, the King m-ver sought to evade the oblirration of aii{)earino- beibre both" Houses a^^rmbled foi>e/hcr, to sanction a Bill. If a King- could have sanctioned a Pill in the absence of the Houses, the Ibllowing proceeding-, arisin. th II., use., wr; ...ft o'ut A = soon a- this w s discovered, from the ji^i f,r bi!hv iradv for the Hoval nsseMil, not CO olthis error was given to tho Lords, and a desire exiiressud that itni ghl be reehlied by issiiiriL'a n-w coinniis>ion which was then n-ady. Accordingly no proc- edmg was had upon the licsl cominis'^ion ■ bni analher commissir n, in \\ hirh the malt liiU was included, was prepared' and pa>-ed the Great Seal, and the bill named in jt n-ceived the Hoval ■;ssenl ih" next day, \hc yth March 'Halscirs Precedents, Vol II p m ' iMMMMkauttaMMMMIMM 48 — IltMiri VIII. Was on his death-bod when a law was intended to be put in force. As he could not go to ParliamtMit, he caused a.fnc s<>i<7« of his signature to be allixi'd to a commission, since he could no longer write. The validity of his Bill was attacked, "Because Henry VIII had not signed the letter patent to sanction the Bill ; but that one William Clerk had stamped his name thereon," (Dyers report p. r.3.) It is evident that the royal sanction rather than the permission to aflix the royal signature to a commission would have been requested had it been possible. Hud it been possible for the King to have sanctioned a Bill, irrespective of both Houses, itwouldhave been mu'h simpler to have him so sanction it, rather than to have him sign a new commission, all the more so, that the close of the session was delayed one day. Another more striking example still exists, and a Bill had to l)e sanctioned illegally in presence of both Houses, rather than that the sovereign should sanction it on his death-bed The personal sanction does not require the personal presence of the sovereign; the sanction by commission required that the commission be siiiiied. ^ V- X\. — If we closely examine the reasons that have given rise to this strict legislation, the severity of English practice will bo better understood. Hearn lays down the principle which governs the question. When any legal i;liaii?i^ was ilcsiroil, the commons petitioned thi> King lo make sncii cliaiipi-, jind ilio King with the adViCH of his (Jreat Council (tint is \.\w lionsf ol' l.op'ls) assi'iiU'd to llii> rH'Hiesl, »Mtli»>r wholly o"" in jiarl, or rt'riii-ii K'x'nil) ilif'tlN' eonlnirv . .al to lliis system soon became felt. Some- .juterially Irom the jietilion. Sometimes it di'l ■ aynr of the petition, hot was framed in a maniu-r .1 :>pirit I'lnd lo the intention of the Com i ons In till- '2;'nd of Iv I ward 111, for e,\ani|ili\ ifu' Common? prayed that th-- i"'litions answeri'd in llie firmer years might not he altered or chang d. In till' righU) year of Henry the Fdnrth an Act was passed which provide I lli.i!, i;eilain of the Common llonse sliould he present at the engrosshig of the Parliamfiit ro!l At length the Commons adopted anew expeiiiMil. They PuhmiUed lor llie royal assent a petition containing i;i il.'^v'ir liie 'orm cf the acts.— ^Hearn, Government of England, jip. 5'i'5?). VWWWUWW W* i>W> > MW » >> i MM > »WWHl i BW ^ W_49 — It will be now understood that the conditions im- posed under the rei^n of Henry VIII, that the King should sanction the bills in presence of both Houses, was suggested by the necessity for self protection. Sovereigns often kept these petitions seven or eight years, and in most cases altered them ; thus the Parlia- ment desired to be present at the sanction, to see what was going on and to assert its right of causing to be sanctioned only what it itself had adopted. This is its privilege »'stablished and t'xplainod. The second reason is shown. in th«' following quota- tion : ' ■ Th«' change in Parliamentary |irailiue, from jiroci'durt' hy petition lo pro- cedure liy tiiil, proliahly Ifd to aiiottier f(|iiaiiy unl'orestH'ii, but e(i\ially important coiisciiuencc In i'ornn'r Iiuk's, as I have said, the King always shared in the delil)erali(jns of I'.irliameiil. The |iioceo(lin^'s of Parliament seem even to havf Iteen irn-gular, if ihi'v w^re not cojidncled in the Kings jiresence. The modus Imoidi I'di iiam nlum, repeated y insists upon the necessity lor the personal altendiince of Ih" King. It declares thai the King IS bound, by all mt'ans, to be personally iireseul in i'arliameiit. dlearn, Go- vernment of England, M.. The [iraetice of pn'sentiuf.' |ieiiiions by the Cummons at the end ol' the session app"ars to hav' b -en cimiinfin until the reign of Henry VIII. (Cox ji i;j'^ note.) In former days, the presence of the Sovereign was ne- cessary during the whole session: now, he may only come to Parliiiinent to sanction Bills ; but as the neces- sity of his prf'sence has been renounred on that account, it is absolutely necessary that he should be present in this case, failing which, all the labors of the session would be fruitless. If there were a moment during the session when the three branches might not meet and be broug'ht toge- ther, there would be no Parliament at all. On the other hand, the Houses insist on being pre- sent in order to witness the acts of the Sovereign upon their labors. These labors are merely preliminary discu.'^sions. Both Houses have sought to form an opinion on certain subjects. They might discuss for ever without enacting a single law. For the same reason the results of their labors are previously sent to And here Parliament exercises its true 4' A^ the Sovereign '"»»»»a«>™™rwwwww»«wrwmnac — 50 — functions. The three branches joined together and agreeinp- on a Bill make it law. "This law is spontaneously created, because parliament there present so wills it. But is Parliament there if one of tho branches is missing ? If the Governor and the Council may com plot" a law in the abser.ce of the Rouse, might not the Governor similarly dispense with the ('ounci\ and if on'' branch of the Legislature may be dispensed with, under the pretext that it has pre- viously consented theret.) on anolhiT occasion, could not the Council and the Assembly united pass a law as well in the a})sen(M^ of the (Jovernor. under the pretext that he had previously consi-nted thereto, by authoriz- ing his advisers to sulanit the measure § 4. — A third reason exists, rendering the Royal assent, ill presence of both Houses indispensable ; it is this : In phorl, all llial tner the PfOji e of Home do, the same may be done hv the Parliament of Enfj;land : which repre.-ents and hath the jiower of the whole Kinirdom, hrjih the head and hoiiy ; for ev ry Knglisli- man is intended to be tie're pn'seiit, eitluT in jierson or by prox\ and attornev, of what preeminence, state, dignity or quality soever he be, from lh;» Prince -(bi' he the KinjJ: or gueeni to the lowest person of En- gland. And tiie consent of Parlianieiii is taken to \)*i every mans consent (I.ex. Parlramentaria, p 70. i This statute or act is placed amonj.' the records of liie Kingdom, there needing no formal j^romnlgatinn to giv.- it th>' force of a law because everv man in Eii;-'land is in judgment of law, party to the making of an act of Pa'liament, being present thereat by his lepiesentatives \Blackstone, Lex. 1. chap. 1, sec. VI.) In other words, a law is not promulgated if it is not so done in presence of the whole country. It cannot be said that everv one is supposed to be represented at the sanction of Bills, if one of the Hotises is absent. Now. the adjournment of one House is the officially esta- blished absence of that House and of all whom it represents. In fact, the votes and proceedings of the sitting at -A'hich the Governor came to sanction the Bills, could not do otherwise than state such absence. They say : At three o'clr ■ .n the afternoon, His Honor the Honble. 1 heodore Robi- laille, Lieutenani-Oovernor of the Province of Quebec, having taken his seat on the throne, the clerk of the crown in chancery severally read the titles of the Bills to be passed as follows : t I 5 4 •KmncnonnR j.i.iinffnniiNNMaii ler and liament re if one md the of the tse with ii-e may las pre- n, could a law as pretext lUthoriz- il assent, this : le mav hf >i halh the ry Knf-'lisli- liv prox\ ipver lie hn, Mm of En- I's consent jdnm, tliore cause everv an act of .Blackslone, it is not cannot be ted at the [t. Now. illy esta- whom it sitting at ills, could jy say : eodore Robi- ig taken his verally read II I 'A — 51 — the House nLl n'h cttntt'Z^ V''\ 'T'"'' been, in any way, author ^""s^rdo The" ''i Y "1 hims.li can do nothing, absolutely ,tl™,'. to bills durino- thl" alL„e>"t ,■'','''-'';'""'* '» "S'^t Legislature, ' "' °'"-' °* ""^ branches of the .ancdo,r:/bms, t,;: ;rer,cr:f f:',r;?'"'*'=' ^^^ '^» understand that there uonLM ■ ?°"'<'*'' >"" ''"Sht Joiy. Hut what can u 1 . ' * ''°" " "' ''''^•°>- °f ^Ir. , Precedents Mhere are Lne I'"'"'"' "'"' "'■■"'^'' >"'-•' ■ of the Jour,.aIs of the HoZ If ("n?"'' ''"''^ ,^''"'' P^S" not find a shadow o a precede .rr'T 7"* \"" '=^"- But wearemist.L-.,,, , ""' '^"''y cabinet. ing to the mol "wh h r ""''^ '' '""'"^ "»' "^^''d- constitution. Ve^ind them' i. "" "J-''^' ' *"^ '^""^'i granted to distant colon e V .'P'"'''''' '"""''i'otious not to look abovf b« b low' ■ " e'h a "^oTad'"' 'Z "' have receded ^> , \^ e na\e not advanced, we tlr:tr'buft.^±'-"?^^ When the mere canrTeeof ' 'A!t""'*'""'^P'-''™'l'-'"'^- basis of an action Tnd?hr^"°''''7'^™'^''''"»"'« no way suppo? hi'm „„ 1^ 'V.P'"'"'' '>«'torities in ample If a Snt c^i„„v . '^'" P-,"^""^ "»'" ">« e^" followed in En4and '^ P"'''*'' "^''^^ "^^ P"'^"^* coX%vX€;iv1\i:ttr'^"'^ "••"-"^ «- j^'r Governor We quote '''"'' '" '^"^ Lieutenant -.wr ujin rai jawwu^W BBMiMBtJeWi •ainixnnf<(WuaTKKlRQnen(U<9 — 52 — The SovfTfif-'n mforiiip ilie Lcfrislalrvt Assfmhly ihat ht' has on tliis- (iay, at thi- (iovfrnmcrit oflii", in (icconlanct.' wild ihe advice oltlie honor- able the Ailorncy General give the royal a>benl to umlermenlioned Act? of the forest reserve presented to liim iiv the Clerk of the Parliament, in [lursuanee of Joint standin<: order's. (loverninent Ollice. 18 .lanuary 1878. Here lbllo\vs the advice alluded to : It iS well known that in New South \Vale>, New Zealand, Queensland and other colonies, hills are assenleil to Ijy the ('r')vernor, as a general rule, at the governnieiit Ihiuse, or at the KLi^eriimeut ollices and m the presence of the elerk of the Parliaments, Imt not in the jiresence of I'arlia- ment itself In fact, the lauer jiraclic ajipears to lie contined to Victoria, and there is precedent for such a cou^^e in Victoria also. 1 advise that His Excellency the Governor can legally and constitu- tionally give the Hoyai Assent at the (;overiiment olliees, or elsewluTe, to all bilfs except the appropriation Hill, presented to His Kxcellency by the Clerk of Parliament, lor Her Majesty'sasseat. in pursuance of joint standing orders. Such assent shouM afterwards he nolitied by message to both Houses of Parliament, according to tl ■■ i recedeni above mentioned and the jirac- tice m the other colonies. Crown Law ollices, Melbourne. 18th .Ian, 1^78. , HonKiiT Le Pokh FiiHNCH. At. (ien. ' As an authority, this opinion, although it comes from a man of great capacity, is equivalent to saying that it was essential to take" the ideas of the Hon. Attorney General Koss as an infallible rule in constitutional matters. AVhat is the difference between the authority of Mr lioss and the authority of Mr Le Poer French ? Is it thus it is pretended that constitutional Law is framed ? As we have previously remarked Mr Le Poer French, in place of relying on English practice, searched below and sought precedents in the lower colonies. He purely reversed matters. Tl may be an example ; but certainly not an argument. One thing principally struck us in this pretcv.tion of Mr Le Poer French. Why except the Supply Bill from this Star Chamber sanction ? . it net, rather, the easiest Bill to sanction? The fact is that a Supply Bill is sanc- tioned in advance by the message of the Sovereign asking for the moneys required. It is in this the sanc- tion consists, and this is so true, that when it comes ta proclaiming it law the Sovereign does not make use of the usual form of sanction. He makes an exception I irwtatcnenHfti i iii^^p i M i i mUiimkUUUUM lM WW ''••***«>«*B*»«mWMilBW»S»ij itkMlraiMMlMII — 53 — and simply thanks the House for their liberality It is wf^ . if^' v'^'^'i 'T^^"'' ^'''' ^^"'^ This is the orm The km- thanks his loyal subjects, accepts their benevol.nce and thus wills if ( " Le Rol ■ TS^^Tl^^ """^''^^ '''''''' ^^'^^ benevolence au hors recoc^nize that the Royal sanction to thlslin both h" ^'''^'' ^J ^^'' !^'''''S' ^^^^^h introduces it to both Houses. For what reason then does Mr. Le Poer French desire, in his mode of sanctioning, to make an exception in favor of a Bill which has no nee4 of th ?as"" h'"'^- ^^T '' ^^^ «"^ explanation o the case. He perhaps, rehed on the followinn- authority a very respectable one, that of Hatsell : '^^"^onty, At first sight, this appears overwhemlingly a-ainst us. But we simply consider that Mr. Le Poer French fhe' Royd'r'"'' ^" ^^i:^^"^^- '' ^-^ -t -f" to tne ivoyal Message tor the sanctioning of Bills but to the message of the House of Lords infoi^ming the Ho u e the BX'"V-^'J^'^n'^^"^^^-^^^^^^^ the adoptfon of ttie Bills which have been sent to it A lew lines before and after that passage explain it ' oc^lcS'SewCl'S' u""tnr '"''^ ^^^^'yrt''^' ^"^' on such another messa'.hu'l Henhriu utoThw'^^ the king and Lonis thai no 10 tho^b.n . . As cf h V 1^^"!?'/''°' 1^' ^°''''^ '^""'^ '^"''"'^ ment is a Ibrm i^'^^>^ ^\^o ^Z^^^^^^^^ ""' T^'^'^^' .'' '^'''- wan. .ach oU,.-. Un ,s notr.S::;^;:, tn^. 'Ih' ts^S^^ l^^'^X It ..^''^ T'T^""'':^ '' the only Engli..h authority on which Mr. French can rely ^ nof Znil/'^k ""l"'^^" l^lf' '"'"^ ^^ "^^^^^ of procedure does not annuil the laws ot Victoria ; for Victoria by no means possesses our constitution. It is noticeable that both "1 »W! W' 1W* ' 1* W » ^ '^^ -M'^Mirw^tu^uur.MMMxfct^iSaUttimPCmtinfMStfHSi - 54 the Governor and Attorney-General of Victoria rely oa the rule of practice in force in that Colonv, namelv, Rule XV, which ie as follows : XV.'i6T. Whenever the Governor shall Iransmit by me.'Sige lo Ihe Assembly any amendment which he shall desire lo be made in any bill presented to him lor Her iMajt'sl>s assent, the amendment shal. b.- treated and considered m the s;,me manner as am'-ndmenls proposed by the Legislative Council. (Standing orders , It will be seen directly what difference exists bet- ween the constitution of Victoria and the constitution of England or ours. According to the English constitution it is absolutely impossible for either House to "reconsi- der a Bill which has passed three readings. This IS so true, that in order to correct a clerical error, a figure in a Bill which had been passed by the Com- mons, it was necessary after several days study and deliberation, simply to "secretly prevail on the clerk of the Lords to commit a forgery and to substitute one %ure for another, and one fine morning the House of Lords was obliged to state that it had been mistaken the previous day and that the right figure was in the Bill. ^ "^ This is the rule of Parliament : When a Bill is thrice read and passed in the House, there ought to be no further alteration thereof in any point.— (Lex Parliamentaiia, p 380). This permanent order of Victoria is based on the charter of the colony which says ; ^ 36. It shall be lawful for tlie Gov. rnor to transmit by message to the Council or Assembly for their conpideration any amendment which he would desire to be made in any bill presented to him for Her Majesty's Assent.— (18 and 19 Vict., chap. bh). The constitution of Victoria does not give it a com- plete Parliament like that of England. (Read the charter still further.) Th^-re shall be established in Victoria instead of ihe Legislature Council now subsisting, one Legislative Council and and one Legislative Assembly to be severally constituted in the manner hereinafter jirovided ; and Her Maj- sty shall have j'ower, by and with th»' advice and consent, of the said Council and Assembly, to make laws in and for Victoria in all cases what- soever. 25. There shall be a session of the Council and Assembly of Victoria once, at least, in every year. (Imperial Stat. 18 and 19 Vict., chap. 55.) How does this give a Parliament to Victoria. The Council and the Assembly are constituted advisers of ftiatiwWHIfttWwiB U HitmiHi ***«W»H««WMWhi*tt«rt,ttt,Maoo,MKwi ., .-_ 55 _ the Governor, and he may give force of law to their advice in the same manner as the Governor cives force r^u % ^'"^*^^'' ^^' Council of our ministers ; no more liie Governor signs those orders in Council, when he deems ht, and they have force of law. This is in conformity with the idea of a Colonial Government such as defined by Blackstone : Charier goveriimem.wre 111 ihe nature ul' civii .urhurcilions wiLlitlu. given them m their several charters of i„(:or,,oratior.: (I Blackstone, lOS^ I KJ ,, ^ ^^^ ^" "^* pretend that we 4ire still .in this mferior position We believe, on the contrary tHat Canada has entered a new nhase of colonial politics and that our Country is a quasi kingdom. Our Charter gives us to underf;tand so, when it says : fl'l^'u^^'^" ^'', *^"^ parliament for Canada consisting of the Queen an l;pper House styled the Senate and the House ol Commons. The definition of Blackstone does not apply to this new state of things, And, above all, this organization, which places the Queen at the head of our affairs differs essentially from the Victoria system, in no part of which IS It said that that colony enjoys a Parliament composed ol the Queen, &c. While the Legislature of Victoria is now composed only ot two branches whose decisions are subject to the approval of the Governor, ours is composed of the same three branches as the English Parliament, name- ly :— the Queen, the Council and the Assembly. Althouo-h the public cooperation of the two branches mentioned m the Act of Victoria may be sufficient it is necessary to have the public cooperation of the three branches mentioned in the Act of Canada. In short, our Con- stitution is based on the English Constitution, as is set lorth in the preamble to our Charter. Then we must necessarily follow the English practice and not the Colonial practice, of which our Charter makes no men- tion. We have a complete ParHament ; we must ob- serve the practices of a Parliament. • • "••w>~uuuumMMWMtri4tMMMm«H)(lhtSit1 — ;3H — i; 7. Now lei us confirm these precedents, this prac- tice and this theory by tlie wriiieu hiw. In all which concerns Parliamentary procedure, tho American Cons- titution, it but a resume of the English Constitution. Now is insists on thc^ necessity ot the two branches of the Le'^-islature bein"' in session to have a Bill sanctioned by the President. Sect. Vll. Every hill which shall iiiive jiassed the House of represon- lalive? and Ihf Senate si all before it bi'come a law be uresenleii to the President of the United Stales If any bill shall not be returned by the President within l<'n day> Sunday •.■.xo-pted) after it shall have been p.esenti'd to him, lh>i same .-liall bi' a law in like manner as if be had sl^Ml.;d it, unless lie- Congress, by then' adjouniment, prevented its return, in which case it shall not be a .aw.— 'Constituiion of the United Stales). This doctrine is further developed thus : The signing of an enrolled Bill by the speaker or president is an otlicial act which can onlv be done when the House over whicli he presides is in session, and a (luorum is present Ih-roin for the transaction of business. (Cushiiig, Law and practice of L-gislalive Assemblies ''2374 ) When a law has been passed and submitted to the E.\ecutive for his approval during a recess, and which is tiled, without approval, the House may direct a re-enrolment of the bill, that it may be again submitted for approval. (Cong. Holo. 1. 40lh Cong. p. 512-) 1. In this case tlie President refused to sign the bill on the plea that it was presented to him after congress had adjourned, whereas a recess only was order-^d from 30 inarch 1867 lo 3rd July 1867. (p. •>, Digest of Parliamentary Law ) The President himself explains the reasons for this legislation, To concede that under the constitution after tlu' adjournment the presi- dent, after the adjournment of (Jongre=s, mav, without lim lalion in inspect to time, exercise the power of apjiroval and thus determine at liis discretion whether or not liills shall l)ecome law, might subject the E.xecutive and Legislative departnifnl of the irovernment to inllnences most pernicious, to correcl h^gislalion ;ind sound pnii ic morals, and. with a_ single exception, occurring during the prevalence of civil war, would be contrary to the es- tablished piactice ol tlie governn.ent from its in;iuguralion lo the present lime. This I'lll will, liiereiore, he iiled in the ofllci.' of the secretary of stale without my approval. A.M)KEW .l0H.N>0N, Washington, D. C, April 'iOlh, 1 8(;7, § S. We need insist no further or this point. Even the precedent of Victoria would not justify Mr. Joly for the advice he gave the Lt.-Governor, For, after all, the Governor of Victoria sif?ned while the two Houses -»««H»«^ l^lll.-MaU-.M«UUM«^ ..««,«««.».^. •«»I»I«I»H»M»*MM»M. his prac- 1 which an Coiis- ititutiou. es of tho ioiiedby f rcproson- nlt'ii to the lall not be >il) after it ike inannt'r , pnivoiiteii ;ioii ol' the s an otiicial jsides is in f business. :ive for his the House imilted for 3 plea that whereas a p. (',, Digest for this t the presi- n in rt^spect isdiscnHion cuiive anil pernicious, ^ exception, y to the es- Ihe present iry of state IHN>ON, Even the y for the all, the Houses . — o7 — tTJ;i!"^"f f^^'^^^'i^h the consent of the two Hotises that the clerks go to the Governor-s house to be mVrMn r ^''\f''^ a d.lei^nition c.ainot be presu- k)des w ''f^^ '^' '''''''''' «*' ti^'' delibenttive cess'uT. '''=^' '' ^''''^ ^^ ^^'^ ceremony, is ne- mS^j;^;;i^.::;;;';;';,;'^iJ''^«^^''r'^[°''^'- ""^^^ «'' commons an,l 195.1 ^'i i^'i Ills ciiair. (liwalil, Lrowri and lis advisers The Commons have been always ieah yelege. Ihey dismissed a 8peak/r who to communicjitp n ,?/.n,i^,..w ._ .li i^- lous of this pri- poTnmnn,\.,f . J - '^^ ^^<^^ promised co.;:;nr^f r H^tt^^""^^ '^ ''^^ ^^"= -^^^-^ ^^« th^?^ May '-^^2^n^^T: T^ r7' Jn "''" '^^^'•^^°' ^'^'^"- ^""''^«'-' to th.. Kinjr on t e behalf or i hi 'r^ ' ^'"'.''^ ^^^"'"^°" '"'^'''' '^ ^P^^'^h certain artrcS wrU nl t ^ndour^^^^^^ and bemg required to exhibit On the '>Sth r^fMo <■' 7 "nJouLtedly promised to do so. deny tL u/ey had im^n'^l^^^^ Dorewood did on the Commons behalf And on t e 3rd .f^ n« i 1'''"' ^° "^^'^''^ ^^'^ ^^''^ ^rtiJe in writing, wood lor thefrspaker'p^' ^TT""' P'-^^'^n'*''! tl'« said John Uorl ho.d,n, pSs::;^^X'i;^ffi:^tl]::r^^^,^t^;s^,^"" ^--- -■ thelfoSe^s^poI^ete^lo a'^^^^^^^^ henceforth should deliver a bill, whereof ortheHouS.L°EttlTif^;h'e7rr;fSS:o\.^r^^^ ^"'^ ^"^^'^-^^ of iiiJiTor 'rn,?s'L';\v"s'\s;';\.f t""-'' . ';"^ ^^^^ ^-^-^^ -'^ -^ ;^^.osieak^i;u[^st^^ilJ--i!j;i-r£^!^s/ Victo'rh fhT7' u "''''^^^ '^""^^^ ^^^^^^' "^ ^he case of one at on fh ^''"''' '''''' ''^"P^'^^^^^^^^^J during- this Ei:^ V- '^' T'". '" '•" ^^'^Jition to immedlatelv tgal ze this irregularity. But can so much be said f o r PI- se^.f not"' t"r"'^^-^^ .'' "^''^^'^ ^'^'^^^^ ^-« "<^t absence ■> Ft ^''1^:1."'''^'""'''^^ ^° represent it in its raoii liL'v. ' ^'^ \^^' ^^' ^T''"' ^'' ^^"•^^^^t to that ex- taordinaiy proceeding; it had no means of thinkino- and acting before the 28th October. It has theretore uid no opportunity to correct that which m ght bo wrong in the procedure followed. I -MMuuuiukMKKMMUhUUmOMMftiMM^imBWRfllHHin --68 — , ^ 9.— It thence follows that the sanctioning of the Bills is illegal and that that operation comes within the lollowing declaration. Jfthfcrelie a rt-striolion in a Governor's Commission with respect to par- licuiar acts and the restriction be not observeil, his assent is a nullity. 'Chahnors, p 310, Colonial Ojiinions i The validity of certain laws was questioned on ac- count of default in the form of the royal sanction, among others, a Bill under Henry VllI, and another under Henry VI, (Platsell's Precedents, Vol. II p. 344). Al- though the result of those trials is unknown, judges have admitted such cases and heard the pleadings, re- cognizing by so doing that a breach of form in the sanction might entail its nullity. |Mptttr;r^ rt n*i *5*T •-••"^^""-^^^^^s:^^ *" " i oning of s within pect to par- is a nullity. B(l on ac- 1, among (T under 44). Al- ii, judges lings, re- n in the VIII.-CAN THE LIEUTENANT-GOVERNOR CONSTITU- TIONALLY GRANT A DISSOLUTION. wi iM f Liberals begin to spread the rumor that they hrs 'nh. [ -K^' fi««olution of the House. Let us see^ Jirst If the Liberals can dissolve the House ; and then n it be necessar)^ ' There are many things the constitution forbids the Joiy (jrovernment to do, since they have adjourned the Legislative Assembly. j^uxueu ine In the first place it is doubtful if it be capable of convening the House earlier, even by procfamation IftoiTdn/'''''''^ necessary to pass a special law in 1800 (40 George IIL chap. 14) to give the Sovereign power to lessen by proclamation the delay of and adjournment of Parliament; but it is questionable S — 60 — "that law })•' api^licahlt' hfro, st'oiiirr that this ri^-hf of prochuiiatioii is coiit't'rn'd, not hy prt'ro!j;ative, Init \)j stalutf. (Ill the Sov.'rciuu, wiiih' our charter only }\uthori/t.'>s u.s i<) I'laiin thoso prixileii'cs the llousfs enjoy In any case, ihe constitutional practice lor the dis- solution of the House during- tht^ adjournment is, accor- ding to llatscll : In all 111'' iiisl.iiir.s thai havi' occiirivil in nw i lio inU liiiil on-' OC a (lissdiutinii ot l'aiiiain"nl lakiiiL' |il;i''", whilst .Soil: houses or I'liht-r or tlii'm, w-v iiinhT ailj 'iiriiiii"ni. altlioii},'ii no .irguiUfiil can li-^ driivvii fnuii Ihenc'. iiats. U\ I'rtM'i.ih'iits. Vol II, p. 3S'i When Desliordiigh aii'l ill" I'diincil of otlicors IkhI with much ilillicully pi'i'\ ailt'il oil Kinhiinl ( :i(iinwi'll to si(^ii a rommission to d issoive Ins I 'iirli:i- miMil, lilt! ni'xt innrniiif;, ih" llonso nt' (.'onimons having nolict! rusolvo'l not to f,'o up. S'l thai, when l''iennps, the kecpei' oClhi.^ {^reat seal sent for Ihein 1 the '///'/tr //ou.w, tiie (iommuns shut the door of their House, ami would not suirer the gentleni in L'sher of the Black Mod. to come in ; and then adjourned themselves for three days, imagining that, by that tinii^, they sliould cons* ni. Tlie Protector was so harassed hy the Council of ofK- cers, Ih a he piesenlly caused a procliiiiiation to be issued out, by whick he did li' eiare the I'arliameni to be dissolved. iClareudon Hist, of ihe -^Rebellion, Vol. Ill, ii. 517 ) In pushing the Royal prerogative to the extreme in a case of urgency, there is no doubt it would have its effect ; but it requires, at least some extraordinary cir- cumstance to justify it ; and as there is but oue example of such a proceeding in English history, that of Richard Cromwell, we fancy the Lieutenant G-overnor of Quebec, would not wish to incur the disgrace of creating a second precedent of the kind. Moreover a dissolution, unde" present circumstances, would completely undo the work of the session, if the sanctioning of the Bills, on the 11th tSeptember is ille- gal, and if the Lieut. -Governor is obliged to go through, that proceeding again. It is evident such a result should not l)e risked and the country swamped with law suits. It would he absurd to have a dissolution which would nullify a two months session. i; *2. — But there are other considerations militating strongly against the step proposed to be taken by the Government of the dav. i«rtntitti lBH>UI»UftM« »*»»»^«»«%f*f other means of oominL;' to a satisfactory eonelusiou ? L<'t us supi)ose. for instance, that a general (dection Lakes place : and that an immense majority of the Pro- vince declared itsWMia«MiiV)HKWMKBWHH^ - H2 — of thf n^asons ^ivtMi by Sir Edmund Head, (lovoriior Gein'ral of Canada : LMkmoua.m)' m.] Toronto, 'illi Au;j;usl, 1858. His Hxri'llt'iiuy, till' (;ov-'riior (W'liordl, has rvcciveil tin.' (itlvii;t' of llni Exfculiv*! (loiiMcil lo lilt! etft'cl lliat a (lissolulion of Parliamoal should UiLi' I'lactv lli> I'lNci'lli'iii'v IS, no 'li)ul)i, 1)011 rpl in .IimI I'aiii;. with nil jiolili' ,il iiiirlifs bill he lias alsn a liiily In iieilorm lo llic (,»U"imi ami to tin' pt'opl" orCanaiJa jiaraiii'iuiil to that wlii' li li>' owns to any oii'' party, or to all jiarti'-s what- soever Thi' lUt'slton Tor His Exoflli'in-y to (ifriij,! is not — what is afivantag' wholis is tin' most a^Uantaf/i'Diis ami lair lor ih'' pfoph' of t'lis pro\'iiii •■ It is not 111" (inly ol till' (lov-'mor < ii'iifnil to iIhi'iiIi' whtHhm' lli" aiHion of thi' two Housos on Momlay ni).'ht was, or was not in acconianc'' with lh(3 usual I'ourtt'sv of I'arlianii'ut towvinis an imoniin^' a'Iministration. Tht" two liousi's are. the iinlgos of the profiriely of their own prO';"ei|in^'s.,. 'i'hi'H' .ire many points which reijuire careful consiileration, with refer- ence lu a dissolution at the jires^nt time. Among tlies(> are the following. An election took plaee only last winter. This fad is not conclusive against a second election now, hut the cost and inconvenience of a such liroceeding are so great that they ought not to be increased a second lirao Without very strong grounds. " The business of Parliamejit is not yet linished. It is jierhaps true that very little which is absolutely essential for the country remains lo be done. A portion, howwer, of the estimates and Iwo bills, at least, of great importance are still before the Legislative Assembly, irrespective ot' jirivate business. ll wi.uid seem lo b*' the diilyof His Excellency to exhaust every possible allernative, before subjecting the Province for Ihe second lime in the same year lo the cost, the inconvenience and demoralization of such a proceeding. " The Governor (icneral is liy no means salistied that every allerhalive has been thus exh;iisled, or thai il would be imjiossible for him lu secure a ministry who W'luld close the business of the session, "nd carry on-lhe administration (if the Government, during the recess, with lue contidence of a majority of llie Legislative Assembly. After full and mature deliberation on the arguments submitted to him by word of mouth and in writing, and with every respect for the opinion of the Council, His Excellency declines to dissolve Parliament at the present time. Edmund Head. ' Toronto, 4th August, 1858. On receiving this memorandum, the majority of the two Houses, expressed their satisfaction and approba- tion in unmistakeable terms. The reasons alleged for the refusal of the dissolution are exactly the same as to-day. i y ■ iMMMVMlMatMMMMH** •MMttrmi I — 63 ovornor , is:)8. ici' of 111'! Dut shoiild ill pfirlit'S ; t'ol'tianaild rlK's wlial- variUi^,'tiou3 i Ihi' I1103t 111'' aiHion Idiic with liiiisliMlion. O'Ji'Pilinj^'s... with rofiT- 13 t'ollowing. coni-'lusive e ol a sucli ioooml limo ps Inm llial liiis lo hn al li'asl, of 3S[M.'clive of ry possible II the same of sucli a allorhalive n lo sec'.ire arry oirllie ntidence of .ed to him he opinion nihe present ID Head. of the [pproba- iolution 1st. Tht* Ipg-isliUion i>s unliriishiMl. •2n(l. Wo havojuist had <^«Miorul olections. 3r(l. It is not shown that Wf cannot lind another jrovornment capable of sottlincc^tho diffionlty. There is a iburth reason under the present circums- tancos: " Th»' atlairs of the country have ])een illt'nally conducted since the 1st July. l)ecause lU) supplies have been voted and it is imjieratively necessary that the present unhappy state of atlairs be imnn'diately put an end to. "" The same doctrine is applied by Lord Canterbury, governor of Victoria in 1872. He told his advisers who asked lor ii dissolution. • • Menioramiiim I'or llii' lloiioiMhiL' tlif (ilin'T Socii'lai-y. Till' fact that llioro lias |iiol Iti'rii, siiii;r 111!' |i!>sinjj ul Ih" Hi't' nin Art, any nlusal by ilie (j'ouii to '■ riijiU with .1 loniial rfoomiin'inlatii ii by a MinisU'r of a d. i- lution 'lot.'S iiol in iIh' goviTiior's opiiiiuii olh'ially .iiislify iIh* inftTi'n^e wiihh i> (hawn lioiu it. Ami the (lovcriior jiHrsoiia ly Ix'licvos Iha thai n;l' n.'in.'e i-; iiicorriNl as ri'i,Mnis both co-isliliilional law ainl cons litulioiiai praflice in Knglatnl. In' wouhl oIimtm' that coloiii.il govor nors, Milhoiigh not rt'si^oiisiblc in a constitiilirmal jioiril of view lo Uu> • O)lonia. Legislatiirr>, art! n'Spoii.sible ijfi'sonally and diii'uliy to ihe Crown, whos-f si'r\aiitp ami n-prt'si'nt.i lives tln.'y an.', and llial this it.'S]ionsibly indiii'f's praticaMy, allhoiigh iiidir-ctly. /;r nd local rfsi>onsifililies, more r'tperiullji uilh mjanl to dissniuLiutn, which ri'sponsibilities havo been contiiiu.iily ifcogiiis'''! and iii>i>lt'd on i)y (^cloiiial Legislatures and Colo- nial Si atesmeii'.of every sha(l in >ubmitting to you an iirrangem«.^nl lo wincli lliorc is n-o oljjeclion, you ouj^lil naturally to continue tht'm in oflice as longastht'y give satisCailion. But it the jiresent lExecntive) (kmncii cannot projiose an arrangement to you tliat you can accept, i/our most natural step inii tie. in occorda?}!!' irilli the practice in this purticutar cases, lo address ijdurself to the iipP'isUe pari If ; and if vou can llnd tli'-re tlie elements of a satisfactory council, TiiKUK nvii l iiK nu!hi.ni. ihukm i.ah u.n NdCIl t'AIlT IN lilSSULVlM. TKK A.-SK.MIIIA (IN TllKIH Ali\l. H. That will lie the only means of removing the diniculties, otherwise inevitable, of con- ducting the atfairs of the country in a constitutional manner. Mlrey, (Colo- nial Policy, vol. 1 p. old ) iii; !l. — To sum up all that is in accordance with the constitutional authorities which speak for themselves. Earl Grey says : • Ujion such an occasion, the Sovereign ought fiy no means to he a passive insirument in the hands of his ministers ; it is not merelv his r'ghi, but his duty to exercise his ji'dgnient in tlie advice' they may tender lohim. And though, by refusing to ac\. upon that advice, he incurs a »:erious res{ionsibiiily if'they should, in the end, prove to be sujtporied by public opinion there is, perhaps, no case in which this resiionsibilily may be more safely and more usefully incurred, than when the ministers ask to be allowed to njijieal lolhe i>eople from a decision pronounced against them by the House of (Commons. I"\ir they might prefer this, request when there was no pi'obability of the vote of the House being reversed by the nation and when the measure would be injurious to the pulilic interests. In such case? th" Sovereign ought, clearly, tu refuse lo allow a dissolulioH. (drey, Parliamentary (iov. p. 80). Here is another high authority: A valuable security against the improper exercise o' this (irerogative is that, before a dissolution can lake place, it must be .leai'iy approveil of by riiiiiiinnHiili "*'*'*""**""■■•■ ii i uit i r -V i i M li '.'." .1»UlL.M«lsiMj||i|||VH|«p ^wmm "•••••••••mmmm**^.'..::^,. — 65 — Todd, spoakino- of complaints mado by the Houses or l)\ dilloroiit momhers against (he Clovernment, says • l'(-ly.).oliti.-. To,l,l v„l J ,, ool;) loic.torn harmony to the 0.^ ii.i. „o.m,i: a-o.i" vol II ;;: ';k;:j'""' ■" ^^^^ "^^ ^'^^^ -^i-^^^oci Sir Robert Peel says : T1h|^" m.a Muvs liavin^ thus hecomo lasv, i do not fed that we shouM This great .tal.sin an, although iuforested i,i askino- iiatiuv.' (),,,3 „,„v r.'.lilv r-,li ; " I ;. X , '^^^'''"^'^'^'I'iissionate n.sso,vo l^.rHarnt^;:;'^,ir e e ;^ ''^^^U^i/';:^ '1^' f^ IT^^^-'^'^ Su- Robert Peel. French rer.ion. ''nd vol paPS-Sl,. *^^""""'' "' I consider that no minislrv ou'-'hl to advi. -. w^,.> ■ x .. .'ar„um.„., wa,.„„u ™„ra, crd^.^'^^',, isoTSrwHuSi: —a t ii'.ir i, The i'ollowiiig is GhuLst one's opinion 'I lie I'lu'hl !i;iii. G.'ni:.'m;in sprats ;r> if this n.'so! t !o a ili-solulioii an. I .I'lvii.M" <:l ]i i;;il (lijsoIuliiMi -w iv ,,ii -■..■ry .lay iiractiro What an. tlio, iii:nanco> rlMi.'l! a r.'^ori ? Mi" c'as.. o!' IS 1 1 is a doulitful proc.'di'iit \'''ry well, if Iho right hnnorahh^ ^'.'nilcma!, ,lors lioL taki' that fur graiUid !!.■ oiilv diahles nv. tlip more hrnaiily to .iiH^slio!i liis I'mjOfit^oii, ami to as!; him In >ho\v n, ' From tho history oflhisroinilry, an. I from th.' -r.'at ••oiislituliorial authorities, other than iie'inliers of th'. C.ox.Tiiini'iil of l.orii Dorljy, wfiere the ihietrine is laiii il iwn that, irnsp. cti\e olulhrr '■oiisi.li.ratiou, an aiiminislration, as an I'Mslin- ailministration, is i.ntitlo,| to malco an a|i|H'al to the country a condition previous to its resiguatioii ol'oUice. (Gladstone, Hansard vol 191 p. 171 1.| ' — 66 — thorn to cnntinu' tlie direction of tho Govemmen', of the countrv/and " | will give, th. Ill m i'ai'lianirnt a ih'cidod majority of activ<. partisans '' |- Me. pro-.i'..ei of (d'la ioui;: ;i strong. 'r niajoritv cannot lUstilV a dissoju- lir.n, Dissolnticiis whir.h crnio to nothing are, in !:enernl, jirepidicial to tlie autlo.rdy ol'lheCrov.ii Miec.rdii,:; „!:.■ anolle-r rapidlv,' ihov diminish ''i;V''''' ■''■'•■"'■' 1'"'^'' il ! 'nstMini'.iii gi\on lu ijir Crowii Ibr ds d '■.!!.■ . ..''':'' '''--f'''''' " l-y III- wlii-s in ;,s'il WIS, in anv opinion, an iiMJus'- tii^.i"l"iiid. lip. dissohilion ai tl;o iiresont inoniont would In. ".luallv unjustili.ahle, .f III.. i.-Mill worn I likolv lie ih.. samo. ^Vhy shoiil ! v/,' ai.pral to ih,. coiintrv .'' G-a-tainlv nol lor tic inoro Iiersoi;a! ,n!or.-| w.. nii.L'lit ha\ >■ to know if wo w.ar right in sMlmiilli.j|.' the corn l.iws. Such an eppial imist drt>.rmi„,,i ),v ^o^ll. la'.n.'ipU' (Idom Jta;'!. 2^6.) Ileum say.s : Again, whoro m, political qnoslioii is ai i-.ue Jait liio (di|o,.| ^ merolv th' .'Ivanlav.. o: a laniohi.ir party, ti;..n.. .s ,,„ |,;opo,ca>.; lur a di-s,,!o- l-'iin. ill .eivi... ,,!' ihi< pr.T t' itp <- lis imnirdial.. cans. w.> a voh' ofi:,.. li aiso of C .niiiioiis advn'sl."t(Hho ..' ham Hill w!;:rh (.(c! |)..rl.y's n.inistrv had iiitr(,.|.,c,.d JUil ih.'io w'ls iK.lhin-in tie. sui!,. „(;l.,. oouiilry, .I'thal tin;,, to' r-„d r the n.i..r|,.d n^'asure oss-'ntial to lie proper admiiiisiralio!! of pul.lic allair^ i'lirre was,,,, s,o.|,a^,t ,,o„ ,. .,,,,1 ,,.,„,,, ,,, is;!^, liad li,n.,.!-n..deivd wa,^ l)otl, l.-.|oi,.. llus iJill ,:!id alt..,' II, olhir Hrfoini l!,::, wo,-,. |;,,d a-oh with' out a:iy mal-nai dislurlian. f llc' pnhhc P.pianimdy. Tlio ■ a''' ,.p..nt too, wa. <..nl\' ill lis -roond y^ar, and noihint: viiic.. iis .h'.cl'on hoi eccurre.llo oxcu.' a ,v.p.c:o!, that iheoxisting Ho, i-v of < (,;,.„,/,,_., , ', ,,^ l.iii'iy n.pr.sont lie- ..^v,.. c:!',!, ■ iial,oii. 'i h.. niinisl.-a's 'rrjaivd ih-it il,."- expocled to haveahont ilo-oo h:,iidi-. d suppoi'P.i'^ in ij,,. ur^^■ I'a. l;an,r,ii ihovco;:ld not Ihot'ofo: • liaNo loit a si, ong l;,or,il oonviCon that tiiev w.iold have a majoidy .-n!i,cM'nl lo ..nald.. ll,. n, to caia'v on tho .'ove|.,l"- ""'■'•• ^'^' ' '•' '-'•■" "' ^i!" '!i!^^o;cdei,, tlieslatf oriaihlicallairs was vorv alavta,,;,: 'l'l<-^h.s.:lu!(ri,,il,vn, iKtiyl hr m;/;/,/m/ as a ,nu ,■ i ari'i'mr'i'yZ^mni'/i] .v(o7K^|.(),;(r.v ininialitc cx'ji-exs cc/idi'innwin.-i of Sir Jlnlici /'«•;. that all, ninisu.. have,,. ^;;;;;;i\„ !;;:;,,';/- 's m.nacd, a Ird imal. a h.- 1 T ?. ' ^ <-y;'' n;;:^..!. vvhoso .xisl^c. t''^''-« .shoal,! he a ml una ' r no • ' ''""' ^ '" ■^■■''^''"' «''^''"'" '^ ''''il 1 eriliivly qiu-sliunlhi,slit|,t or (invnin,,..,!. ■■ ... .;u.i....,u,™,„,i:;;:,;^:;:°;:r;;--:;;; ---;;■■ ^ ^;Uoa,1v,s.Jl,TMaj..,v, ,n .1 ' ''''' if '''';"■ •^''.''•'''''''=' ^'"'"^i't «ndlamh.n1ilya.ul,lj; . ;;^;' I ; '*;;;^^ l--.ns,i'u!:oM, -asnotacc..H,..M<;,a.s,one;Ha.;;;;.,u:;*fl;t;^;TKi\u^^^^ Lord Derby says : orth,. ,1^;: shii';.: . , 'h , v" "''■■'' ""'" ^-•-•"--^ of 'h'^ Stat. : an.i ,t ,s ih. hu ii ' 1 ' , ;''",''^^^'!'^'l '■■■"'• ""^ alh.'s n-a^o„s thai such ].n„.Kit;, „s ,v", i , ''?l^'' ^" ^'' '' ^alis-ac:,. v ten,h.v,i ,0 ],„.-__;,; eiihj^.on, M -"'.:,=;;;:' ^'ir'-'"' -'"'. "- '^ ^v,..,. ohicclions which mavl„.c„ ,,, , , . Ff , v h " ■'';,"^" "'■'"'■ ^"' '-■■ii ^1'- will not accept a.^ ^y^c J :^' , ^Z^^'^:^^^ of.h. Crown is In rc/u !;','':,,'';;"•■'• r''I'''''iV «I-'' Th,...our.: But altiie saniM lim,., xviih tho .nil ,.^n,.n.,.., roj>rcs..nte.ito]IcrM,n,..ivtha 11,: u.', '" '"^' '^oi'^'agucs I it was wise that ,hc Sovc „ , ' . , , '),, l"''""'";"^ "'^'^^^i«'"^ or^whid, claims, however constitutio, al T ^" '■'"'"^''rassod hy personal Majesty wcrcol'opui .nun;. ;:^;,; '"f ^onous . and ,hal' iC Her tonly settled, or tL.fust uUereL il'' tircol^^l^r So' s^u^^^'t- — 68 — immediate retirement of ll„3 pres.nl (iovnrn.nent tVoni oHicr wo w.,v i;'?T,V^''r'' ""' ^^'^'''^'' ^"'-^ '^'^ imnHM.aU.ly, will, uo oil, r 1. .^ but thai which every m,n,sl.r who has s.tvm th' g,,,.,.,, mum ,.o''.'s truth which cannot be conceale.l-for Iho aid and assiMance wlnr, •■ rr n,nisterrece.v..s from a Sovereign who now has had su , a V .V, J. rience ol puhhc alFairs. iO.sra.di, Hansard, vol. 191 p. \lu:,., '' Here is Mr. John Eright's opinion : The honoral.le gnilleman asiH,|„i,„n, |,, !av a-id.' th. ohl usages of Parhamenl, and ih.^v is „oi a n„.n,J,.r w 'n will d 1 • r, o , m« on that pmnl. He asks th,s Hon, ns in ,,,I,t to >,,a, ,, ' ■^^ a minorily who emu, mio pnurr Ihmu.h retain n.am i Z Z t , tomelnbeconvnaulahlr. dlansinl. vol, llU.p. I7:;()., ""K'I ^tnn On the othor hand, Lord John Kussoll says : There were two. :irc,imslan,;rs at Iha! li:,,. : o,i,. w,... "that ilw Irol dissolved parhanirnl al Ihal li,,,., w,,. shnuM l,avo I,...., i^ ,) , ,i' V, tion stated by Sir Jiob^rl iVol i , i8i(i 11, ,' ' "'''''" stale ol alla.rs g-nrrally, I did n.l Ihinic il w,... to a 1 i.,: | .;, , ,' ' take such a step, illansa.'d, vol. 1 lU. j.. 1(,7() ) l'.' (.lo^^n lo He says again : Bui il is quit., a.iuthir nialt-r whni llio qn^.si,,,,, is w1„m!i,.,. ;, „a.|i,.,iln JViiup inniisti'i- or a particular iMrlv s|,oi,l,l ; v,n ir ,., mi, [ P'^' '"^niai Robert \>erl, in 181.' ..xplain.J I s co , ' u h iV; •" ' ■. l''; '"""' '^"' to, or 10 advise lier Ma/.ty to d.sso;;' Ihi' Im;:!: ui^'u'^'^^'T opinion thai that wa. a m.sl dolicate and .a^.-r.i , n.rrV.iiu, of !„ r,^„wn~ a, d ought not lo bo .'.x.^-risod fb,' ||„. niino.,. r w,.- i , ''"'>\'N ^ight ileal the head ofa.lairs, o,- .'^uri^ZJ ^ "an " la.^; ''" ^^ that entirely agrees with n,y opinions. And w1k,l| oli;.red^nv eo,n- a on oJb|r Majesty to d...solve the then Purliam-nf 1 was acliU iVS^ I (Lord Jolm J{ussell IJansanl Vol, C L ji, l()?5.i ^ io^ieaii>. i^ ■ ■^•7-y*\^icod not make any more quotations lo prove that point. It is quite certain thai the o.overn- ment has no new iact to bring, lo.ward since the last e ections which they carri(>d on themselves at their own pleasure. They cannot even alle-e the abolition of the Leg-islative Counci , as they appear to have channvd their mmd on that question, by not submitting a inea- sure during this session For the abolition of that bodv -so, they cannot pretend that this matter is belbre the country. They withdrew it themselves out of dis- cussion. ', wo WCI'i' lltT It't'lill^^ Sl j'O^St.'SS :il sup|i(irl as it is ;i liicli f\rr'y UMili' till' ililliT Iroiii " /lol atiiii i\' \vi' lniil till' oli|i'(:- ''11 s(i iin- . ami (fiat til'' n''\i jiplii's Hir ii'i in Ihf ^'^o\^Il li. ■arliouiai wlii-ii Sir lirdpusu was iiis I' ( riAvn, ual wliu Ni)w, ■:giiation Of^ncully. — 69 — Wo cannot understand what the liberals w,-<,h f. t.v,.n u^"w!?i?;;,::;:\j.'[:^;-:|>;^;:'';«pj^^^ of the disputes be- oriliis kui.l sin,',. t|„. com l-u-.hr '''-' V'"'''' '''i^'" Jj'^'-'i i,o cases ■'"■■'I- \Vi„.n"VHr i'm k ' J ? ' '' '"'^'''^ '^^ f^arliamonlary Cover, ^io.s not n,4^;u t p, o n" °" ^ lii ^Ttt'"^' 'I'" ''"'^^ '' ^°"^"^^^ ''V'- since 17,S.i, it ha- \JnZ^^^ 2^^^^^ uemonts oi a strong- and able government to wb .h iHii, seni conlbct Tbo TnKr n.. au conbj uUonal principie«. ^ g ons 10 o\ orn- ic lasl r own of tbt^ ing'c'd . niea- ])ody re Ihe f dis-