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ROEBUCK'S MOTION •W»' A iWf CT .OOMIIITTBX TO IHQOIBK INTO TBIC MSaR« Or BKMBOTINO THB iTILa WHICH *Z»T IN TBI FOSM OF TBC OOTIBMKIlITt KOW axiSTIIIO IN if. . . ■ . :'■ VPrlR AdD LOWIB CANADA." ;■-•-■. ,;--ti'»i;:i.c,.. »V REPORTED fN LONDON FOR THE JWOHrTREAL DAILY ADVERTISER. -^ MONTREAL: if MtlNTBD AT THE DAILY ABVBRTI«E|l OmoC ■mi I Jf^» : 1834. * 5 - ^ , .. ■-■-■J*. 'IK A.', ;,'^ ^,. ^ HI. J, DEBATE, Ac. >■- i; Mr. Romdck— I riie, Sir, to moTo that a Se- lect Committee, bo appointed to inquire into the politiual condition of the Canadaa ; and my ex. CUM (if ezcuie be needed) for prening forward thii motion at the proMnt time, ia the extreme emergency of the matter; the critical «nd extra- ordinary position of the colonies to which the motion relates; and, in order to induce the House to accede to my request for this Commit. tee of Inquiry, it will bs my business, in the ob- ■errationa with which I shall accompany my motion, to prove the following among other thinga : — lat.— That the provinces ai« at this moment in a state nearly approaching to open revolt); — that Lower Canada, particularly, as far as wo'rds can go, is actually in a state of revolution ; — the House of Assembly, their House of Commons, have formally seceded from all communication with the Executive, and also havine expressly declared their intention to impeach the present Governor, Lord Aylmer. 3nd. I shall endeavour, also, to show that this disturbed state of these colonies is the result of a long aeries of continu. ouB bad government ; and that the actual out. breaking of the people at the present moment, springs immediately frojn the extremely rash and petulant behaviour of the present Secretarv for the Colonies ; who, unfortunately for this country, after having suucessfuUv fanned Ire. land into a flame, has employed the same quali. ties to the same end in our transatlantic posses, sions. 3rd. M^ last object, after having pointed out the evil, will be to suggest the remedy, and to this end I shall endeavour to explain why I desire a Committee of Inquiry. Before I enter upon this arduous undertakincr, the House will, perhaps, permit me to allude very briefly (and I assure them that I do so with great reluctance) to the position ia which I per- sonally stand, as regards the present question. It may naturally be asked why I should peouli. arly interest myself in this matter, and whether I can bring to the discussion any peculiar informa. tion ? I will answer both questions at once. The knowledge that I have upon this matter is partly the lesult of personal experience. Many years spent in habits of great intimacy with the people of these coloniei<, have made me intimately ac- quainted with their history, their feelings, their character, and their desires. The things that I shall describe I have seen ; and I now come for. ward as a witness in this case, and humbly, yet firmly, claim for my testimony that respect which this House is accustomed to pay to the evidence of all percipient witnesses. Tlie same intercourse which haa enabled me to speak of this people's affairs as one personally cognizant of them, hao made me also foel a deep interest in their wel- fare : thia may, perhaps, be sufficient to account fr : and to excuse my thus prominently standing forward in their defence. I shall soon shew, how. ever, that, as a representative of the English people, the importance of this subject ought to claim my attention, even had I not those perscn. al considerations to which I have alludea. Al- though in what I shall immediately advance, I shall speak as of my own knowledge, ard on my own experience, I shall not fail, nevertheless, to corroborate my own testimony by that of others ; and I do hope that the evidence I shall, adduce, and the documents on which I shall rest my asser. tions, will gain for my observations the kind and attentive consideration of the House. Without further preface I shall proceed to dis- cuss the matter in hand. In order to make any one competent to decide upon the resolution now before the House, it is necessary to give some description (however briefly) of the governments to which it relates. I must here otMorve, how- ever, that although the observations which I shall make apply to both provinces, the illustra- tions, in order to avoid confusion, will be almost exclusively drawn from the lower province. Every one tolerably acquainted with the history of our colonies, knows that the constitution, or form of government now enjoyed by the Cana. das, was conferred on them by the Slat Geo. III., c. 31. By that Act, the province of Quebec was divided into Upner and Lower Canada, and, in imitation of Um form existing in England, a triple power was created 1st of the Governor, who was supposed to be analogous to the King here ; 2dly, the Legislative Couneil, supposed to be analogous to the House of Lords ; and 3rdly, the House of Assembly, analogous to our own House of Commons. It is necessary that I should say a few words upon each of these three estates. The governor, be it remembered, i'. a person sent from England — is removable by the King — and while he, in Canada, is a portion of sovereignty, he is but the immediate servant of the Government here. He then, it is clear, bears little or no analog/ to the King of Eng- land. He is an officer chosen by the executive, and responsible to the people of England. Next comes the Legislative Council. These council- lors are appointed by the King, and for life. There is no landed aristocracy in Canada, and, certainly, the legislative council, even if we were to concede that such an aristocracy existed, can- not be said to represent ii. They are usually old official persons appointed to the office of councillor as a reword for service, or for certain other purposes to which I shall immediately ad- vert. Iiastly, the House of Asaemly doesrepre. sent the people — at least ^n Lower Canada; there may be some doubts as to the complete- necs and purity of the representation in the up- per province. Such, then, is the Legislative body. The ad- ministrative, or executive, consists, first, of the IS I* i governor ; and, iMcoiiilljr, of a council, called the executive council. Now, one of the grand qauMs of all the bad Government that has so long tormented these provinces, is the composi. tion of this council and that of the legislative council. Theso bodies hitherto have been two in name, but one in fact — the persons composing the one being the majority in the other ; so that the persons composing the executive coun- cil could, at any time, put a stop to all the pro- ceedings of govornment, and forward to the ut- most the sinister interests which they and their dependants wish to forward. If the House feel at all desirous of understnnd. ing the political condition of those provinces, it is absolutely nr-sossary for them to obtain a very definite conception of the character of this execu- tive council and their dependants and connex- ions. As the governors l nt from England go to the colonies only for a short period, and aie also exceedingly ignorant of everything connec. ted with the business they are about to under- take, it is necessary that there should be some persons always existing, ready and able to in- struct, their ignorance — these persons are the executive council. They live always iu the co. lony, and form the necessary link between suc- ceeding governors. To persons thus serviceable, rewards are necessarily given, which rewards consist of rarious places, money or money's worth, paid out of the provincial funds. Besides, these people form a special society, and surround and hem in the governor, so that no one, not of their tribe or party, can reach him. They actu- ally govern the country — dispose of all its places of profit and distinction — and not only rule, but insult tiie peop/o. Seiner thus really independ- ent of all control, their insolence, rapacity, and corruption know no bounds ; and if at any time the governor, or oven the home Government, does aught to offend their high mightinesses, they rebel, and treat with scorn and contumely the commands sent them from England. While such is the nature and conduct of this potty and vulgar oligarchy, I beseech the House to consider the peculiar position of the people ever whom they domineer. This people are in habits of daily, nay hourly, intercourse with the Republicans of the United States of Amer- ica. They are accustomed to behold across the frontier, a great people, not more instruct- ed, not more desirous of good government than themselves, self-governed — governed by tho- roughly democratic institutions — and what is the result ? A state of unexampled prosperity — quiet, rapid, and unceasing improvement — laws and institutions that continue in their ac- tion as regular as a piece of physical machinery. They see cheap government and yet perfect pro- tection ; they see the governing body having interests identical with the people, and possess- ed of their ever-advancing spirit of improvement, aiding all enterprise, — in fact, performing the true lunctions of a government, not con- tented with protecting to the uttermost, the property, person, and reputation of all the citizens, but assisting in all those great under- ta!nij^>B which are best forwarded by the combin- ed ettorts of a whole people. With such a sight before them, it is not wonderful that the Cana- dian people have imbibed the free spirit of America, and that they bear with impatience the insolence, the ignorance, the in-japacity, and the vice of a nest of wretched oineiaU, who, under the fosterir ^ domination of Eng- land, have constituted themselves an aristocra- cy, with all the vices of such a body without one of the redeeming qualities, which are sup- posed to lesoen the misehiels thut are the natural attendants of all aristocracieF. It is of a peo- ple tlius high-spirited, pestered and stung to madness by this pestilent brood, that I am now obout to speak. Some years after the Constitution had been conferred npon them, and also after repeated so- licitation, the two Provinces were permitted to urovide for thoir own expenses, and consequent- ly, to rule the expenditure of the Government. Those #ho had refused the request of the peo- ple to be allowed to provide for their own ex- penditure, well knew that the control of the people would be a verv different thing from that of the Government of England. The one was near, deeply interested in saving every farthing ; the other was distant, and, amid the many roil- lions of their expenditure, was not likely to be very solicitous respecting the small sums com- prising the outlay of Canada. Therefore, when the people did at length obtain the control they BO long had desired, a war began between the official persons on the one side, and the people by their representatives on the other. The cne party desirous of having the supervision of the people reduced to nothing ; the other determin* ed to maintain that supervision to tlie utmost. — It is curious to see the various forms, during the last twenty year«, the desire of the official tribe to be freed from supervision has taken, and in how many various ways they have attempted to compass their end, — anc* in ail of these, be it remembered, they have been regularly supported by the Government at home. The House of Assembly, acting on the behalf of the people, have been driven to various do. vices to maintain their very necessary and legi. timate control. Having the administrative body utterly opposed to them, and knowing that that administrative body ceuld govern the determina- tions of one body of the legislature, — namely, the legislative council, and also the governor in his legislative capacity, it behoved them to bo extremely wary and steadfast in all their uro- ceedings. One great point was to ensure their being regularly convoked, and permitted, wheu called together, to interfere with the affairs of government. How was this to be accomplished '' In England the House of Commons is necessa- rily convoked yearly to vote certain expenses, and to pass certain annual enactments : the exe- cutive has no funds at its disposal, and is utterly dependant on Parliament. It has been very pro- perly the aim of the House of Assembly to ap. proximate its own condition, and that of the ex- ecutive of Canada, to this wholesome state. — To this end, as they have no Mutiny Bill to pass annually, and as their chief expenses are com- prised in their Civil List, they nave very wisely determined to pass the Estimates of the Civil List yearly. It is quite astonishing to learn what an out- cry this determination raised amid the official tribe. Disloyalty, disrespect to his Majesty, and every evil quality that could possibly be found for the occasion, wero attributed to the House of Assembly. And what in realitv did it all mean 7 Simply tliid ; — the official tribe saw that by this means an annual 8upervi-alhousie, the war between the executive and the representatives of the people was carried on with bitter animosity; and every device, legal and illegal, was attempted to obtain a revenue independent of the control of the House of As- sembly. It happens that many sources of revenue exist, which are supposed not to be within the dominion >)f the Huuse, although the people of C&nada do, in reality, furnisn that revenue. For example, certain dues are levied at the port of Quebec, under Acts of the Imperial Legisla- ture ; these are entirely withdrawn from the su- pervision of the house. Again, the eetates of the Jesuit« have become the property of the Crown ; these also, are withdrawn from tho su. pervision of the house ; and lately an attempt has been made to acquire a revenue by the sale of waste lands ; and all this to tho end of escap- ing from the control of the people's representa- tives. Can we wonder that the people are irri- tated by this mode of proceeding 7 Can we wonder that they are exceedingly jealous of all attenipts of this description 7 What would this House say, if thby should perceive the Privy Council and the Crown endeavouring to find ways of taxing the people without their consent or control 7 I ask the House, and I appeal to the Right Honourable Secretary for the Colonies, whether we should not be justified in resisting every such attempt, and in punishing all who advised it 7 i have already observed that the war Ictwoon those two parties has manifested itself in various shapes — all these, however, it is imposHiblo for me now to describe. All that I am now desirous of effecting is, to create a complete and vivid conception of the sort of feelings existing among the colonists, t want to make the house understand tfiat this war, of many years, has embittered the whole public mind — that it has broadly divided the country into two hostile,nay, deadly hostile, sections — that on the one side a small band of persons in office, uaing, and abus- ing, the name of England, have fought the fight of corruption ; while, on tho other, the whole people, by their representatives have steadfastly insisted on their right to control all expense, and, in fact, to govern tite country. I wish, I say, to make the House understand that fur years this unhappy country has been in a state of trouble and combustion — a trouble and com- bustion, created and continued by this small band of official persons, who, unfortunately, by means of the Legislative Council, and by the assistance of the Homo Government, have been able to keep in check tho great body of tho na- tion, with their representatives at their head. Chance, unfortunately, threw in the way of the unprincipled tribe of official persons, another means of dividing tho people, and thereby of strengthening their own pernicious power. In Lower Canada an immense majority of the peo. pie arc of French extraction ; tlioy upcak tlie French Inngunfre, and are of (he Catholie per- iuaaion. Incesaant hare bonn the efforta of the party which I have no oflon charactorizod to make thia diflbrence of lan^age and religion the moana of diacord and hatred among the poo. pie. In order to atrengthen their own haiida, they have ondenvoured to create an Englith as oppoiod to the French party, and in private aa well aa in public life — in the legislature, ay.and oven ill the ronrtH of justice tliuy have endeav- oured to introduce thia cauae of jarring diacord, of vulffur, and therefore of bitter animoaity. Here, in the diicharge of a great duty, with a deep fueling of the responBiliilily under which I am acting, do J aoloinnly charge the executive for the last twenty years with disgracefblly and most corruptly endeavouring to create and per- petuate national anil religious hatred among a largo body of his Majesty'a subjects; and for their privnto and paltry purposes, of stirring up and maintaining, amongst those who ought to bo brethren, something nearly approximating to the direful calamity ofa civil war. lahallbe )rla(l to learn the mode in which any one will defend, or even extenuate, this disgraceful pro- cee\Jing. Such, Sir, then, was the state (which, indeed, I have been able but very imperfectly to describe) of the popular mind in Canada when the Right Honourable Gentleman opposite became Secre- tary for the Colonies. It did so happen, how- ever, that Lord Ripon, during the last few montha of hia administration aa Colonial Secre- tary, had begun to be sensible of tho real condi- tion of the colony, and had begun wisely to act in a way to conciliate the people. Hopes were thus raised among the Canadian people, that the evils under which tliev had so long suffered were about to be removed; and although they had much fault to find with every branch of their executive, from the highest to the lowest, they began to bel ove that, at length, the Government in England was really beginning to understand their condition, and to be possessed of a wish to relieve it. It was upon a people thus excited by long-continued oppression, and lately-created hope, that the Right Honourable Gentleman was about to exercise his control and guid- ance. Now, before I begin to describe what he has done, let me ask what course any man, really cognizant of the condition of the people, and possessing the calm temper and sound know- ledge which should distinguish a statesman, would have pursued in so peculiarly critical and delicate a position. I think. Sir, above all things, having become thoroughly possessed of the true condition of the people, — having learn- ed their ways of feeling, their hopes, their wish- es, — and having found how excited, and natur- ally excitable they were, — I say, above all things, he would have abstained fram all Ian. guage that was likely to irritate or disgust them. Knowing that a people, imbued with democratic feelings, are not to lie driven, but led to an ob- ject, ho would, in all cases, have endeavoured to make Persuasion do the work of fear. Knowing that this people were in habits of daily intercourse with tlic United States, and natur- ally led to compare their own condition with that of their happy neighbours, he would, if do. sirous ot" maintaining th« supremacy of England, have done nothing which should have led people to envy tlie position of the Americans, either as regards tiie more material matters of government, or even tho deportment of their oTornors. Whatever might be tho bearing of rulers in Europe, he would hare been fblly ten- sible that, in America, there must b« no petu. lenco, no passion, no threats, no blustering. — He would, therefore, have, afforded, in his own person, an example of calm decorum, — of sedat* and benevolent consideration respecting tho wishes and the feelings of the people. I fear. Sir, the conduct of the Right Honorable Secre. tary bears little resemblance to that which I have been describing. He has assumed a dictatorial tone and manner ; he has arrogated to himself the character of a master, and has dealt with a jealous and high spirited people, as if they were willing^to wait upon his nod, and bow down in abject submission, before his supreme decrees ; he has insulted the people's representatives ; — he has threatened them with coercion ; — he has thrust upon them his determination of maintain, ing monarchical dominion, and has insisted so fiercely upon maintaining the King's preroga. tives untouched, that he has seriouslv endanger- ed them »11; and has really rendered it doubtful whether the power of England can bo maintain- ed even a very few years longer. I may be askod. Sir, for a proof of these assertions ; the proof is at hand — the opinion of the people themselves, speaking through their representa- tives. Let NO one say that the opinion express, ed by the House of Assembly is not sufficient upon this point. It was tho business of the Right Honorable Secretary to have conducted himself so aa to win the favorable regards of the people over whom he governed. The fact, that BO iir from gaining their good regards, he has raised them in formal and openly declared hosti. lity to himself, and the executive under him, is damning proof of his inefficiency for the task he has undertaken. ' The House is, doubtless, by this time aware, that the House of Assembly in Lower Canada has formally seceded from all communication with the Executive ; that they have passed a vote of determination to impeach Lord Aylmer, the Governor-General, acting under the com- mands of the Right Honorable Secretary ; and that they have expunged from their journals the dospatclies of the Right Honorable Secretary, as being ofa nature so insulting and derogatory to their own dignity and honour, as to be unfit to remain upon their records : — That in the midst of these disorders and sufler- iiigs, this House and tne people whom it represents, liiul alwoye ehcrishcd the hope and expressed their tnith that His Majesty's (Joveminetit in England did not knowingly ond wifully participate in the politi- cal immorality of its colonial agents end officers ; and that it is with astonishment and gnef that they have seen in the extract from the despatches of the Colonial Secretary, communicated to this House by the Governor in Chief during liie present Session, that one at least of the Members of His Majesty's Government entertains towards them feelings of prejudice and animosity, and inclines to favour plans of oppression and revenge, ill adapted to change a system of abuses, the continimnce of which would Hltoeether discourage the people, extinguish in them the legitimate hope of happiness, which, as British subjects, they entertained, and would leave them only the hard alternative of submitting to on igno- ininioup bondage, or of seeing those tics endangered which unite them to the Mother Country. Such, Sir, is the language held by this body of representatives, and such I take to be sufficient proof, even of itself, of the extreme rashness and inconsiderateness of tho Right Honourable Se- cretary, But it may be asked, wlmt were tho circumstaMces which led to this deplorable re- sult ? I will briefly state them; and, begging the House to bear in mind the excited state of the people, and their peculiar political and geo- (lilt :they >f the 186 by Bsion, esiy's _ o( ige a rould them British them igno- zered idyof cient and Se. the e ro- iteof geo- grtphioal poailioD, I have little doubl that it will Ce immadiataly aeen, that the courie puraued wai emin«ntl;|r qualifiad to lead to auch a diaaa. troua eonoiaaion. Before I mention the cireumataocaa which, under the direction of the Right Honourable tie. eretary, have produced these reaulta, I must al. lade to circuroatance which occurred the year before loat, and which, though in no way attri. butable to the Riglit Honourable Secretary*! Government, etill aerved to exaaperate the peo- ple, and to sharpen all their jealousies. During •n election for the city of Montreal, a riot took place, and three unoffending Canadians, persons totally unconnected with any of the election proceedings, were shot by the military. Now, such a circumstance might produce little sensa. tion in Ireland; bat in any of the quiet and well-regulated comraunittea of America, it was oalculiited to excite feelinn of the deepest ser. row and alarm. The people generally are very nearly connected by relationship ; they are all of a happy and comfortable condition ; they are grave, sedate, and live a peculiarly quiet and well-regulated Ijfe. Such an event, therefore, carried regret, and spread consternation, ibrough every part of the province. It is not now my intention to expresss any opi- nion as to the ease in question, — that Is, whe- Iber the officers and soldiers were or were not guilty of murder — but I am exceedingly desi. fous of calling the attention of the House te the tventa which succeeded this c^amitous occur, fence, and entreating them to observe how well •akulated they were to disgust and excite the people. Certain of the officers commanding were deemed culprits by the great body of the Seople, and it was necessarr to have them rought to trial. In that country the Attorney. General and Solicitor-Oeneral act as public pro. •ecutors, and have a claim, an exclusive privi. lege of prosecuting all offences eoinmitted agaimt the Crown. But in this case it was no. torious that the law-officers were sent iVom Que- bec to shield the offiqers — to use their legal skill in exiri^ating ihom from the difficulty in which they were placed. Those persons who deemed the ofiicers guilty sought to have an advocate to aid the prosecution besides the law-officers thus boUeved to ba partial. This was refused ; and it is now said by this disappointed people (with how much justice it is not for me to say) that the military officers were, by the favour of tho law.officers, saved even from trial. The grand jury (which it is asserted was (lacked) ignored the bills : and then the government, in direct op. position to the feolinErs of the people, issued a general order praising the officers and the sol. diers who had thus killed the unoffending passen- gers. The publ ic mind was wrought into a flame by thiii proceeding, and the Houso of Assembly spent much time, last Session, in prosecuting a very minute investigation of the matter; and the publication of tlie evidence laid beibre them did not a little tend to heighten the exasperation of the people, and to sharpen the iealoua foelingt against the executive and the judiciary. While the public were thus in a state of fermentation ''torn these various causes, the Right Honourable decretary name into officail, The first matter in whiqh he has given the utost bitter ofibnce to tlie people of the province, is that relating to the address of the House of Assembly respecting the legislative council. Every person reflecting on the composition of this council, must, at once, admit that it is in the higliest degree mischievous and absurd in ita present constitution. For this there might be cited many atttboritias,and among uthers,llie opiuiuu of a CointiiittAeot'tiiiit iioius appointed to inquire into the state of the pro vinoe. There is also another authority, who uses these words rosjiectiiig the legislative conu- oil : — How ill that coimcil porfonncd their duly, tho pa- pers before the House sutTiciently prove : ilie mem- bers of the Legiiilutivo Council, un ovory occosion, enrolled themseivos on tho side oftlK jovemment, and uuposod ihcinHolvt'H to tho poople i--ihoy neither repelled the people on one sido, nor impelled tho Executive on the other ; but while they enabled the one to maintain a war against the other, they stood as a sort of mark between both, and served but to keep up a continued system of jarring and cuntcti- tion between tho Uovernnient and the poopld. Thi>t Council, then, is the root of all the evils which kavo taken place in tho administration of the Colonies for the last ton or fineen years ; and this is that Co- lonial institution which, above all others, wants al- teration and revision. These words, perhaps, the House may know, were spoken by the Rijrht Hon. Secretary in 1838, while ho was on this side of the House. But I will not press this opinion, — I certainly do not attach weight to it, — apd I dare say the Right Hon. Secretary has seen reason on this oocasion, as on many others, to retract the rash and careless expressions he has used. He must bear in mind, however, that the world out of doors are not always in a position so well to ap. preciate tho worth of his opinions. The people, unfortunately, may suppose exp'csBims to be the result of"^ deep oonsideraticu, and *> proceed from a desire to promote the great iu.«rests of the public, which are, in fact, but booty talk, used for the purpose of disturbing an existing Ministry. The people, dazsled by his position and bis name, would fancy that those, his opin. ions, were of worth, as resulting fVom a aeep conviction of the mischievous effect of the insti. tutionin question, while he himself would hold them as nought, deeming them either the rash expressions of an inconsiderate youth, or the commonplaces of a ready partisan. With the Right Hon. Secretary, therefore, I am content te dismiss this his opinion, as not deserving re. gsrd : but, nevertheless, he must not be surpris. ed if the world, then misled, should now charga him with tergiversation, — with advocating one set of opinions when out of place, and another when admitted to office. It did so happen, however, that the persons best able to form « correct judgment coincided in the opinion of th* Right Hon. Secretary ; they also saw that the Legislative Council was the bad and mischief, ous part of their Constitution, and seeing this, and acutely feeling its evil effects, the House of Assembly sought to effect some change in the composition of this mischievous body, and in M doing be it remembered, they but follow th« suggestions of the Committee appointed by thiif House in 1828. But here Sir, it may be objected by the Right Honourable Secretary, that there was no ueed to seek for any alteration in that bori)iMHnt il I* true liad proinuted otrtaiii per- «oni to the Inginlutive ROiniuil, but thn determina- tioni of that body, thiiy waII know, would bn prociMly tlio lanifl na before. Uut what they Know, the people alio knew — and knowing, were diaguited ; thny law that a trick waa played upon them. Theie people are pruo'ionl and lasaoioua — they are adownri^lit and pinin otraightfurward people — not to be diipod by inch u vulgar artifice. I will trouble the Ilouie with the opinion of the ilouM of Aaaombly, aa to tho luppoied ameliora- tion of the Legialative Council : — c; Tlint the IiPgi»1ntivfi rtnmoil, ru rorompoiiod by Ihr ifoiciit (Iov(>rnor-in-<'liipr nmiit t)o nirwidered lu em- tudying the iientinionta ui tli« CuKminl Rxpcutivn f io- vcriiniftn'., and from thn moment it wim rt'cumpaartl, tho twuautiiiiritipi aecm to hove l)otind and lon^iied thoni- aelvc* tugother for tho purpomi of procluimmp; princi- pIcB Hubveriive of nil harmony in the Provmce, and ieek to govrrn and domineer according to the spirit of blind and notional ontipothy. That this vicioua lystem, which haa ha«in carefully maintained, has givim to tho Legislo ivo t^uncil a worie chorncter of naimoiity to t* o -oijntry timii it had at any former period ; oiiid in . trary to the wighni of Parliament, oh tlint, which m oidor to reaiiit the wiahcH of the people lor tho Pnrlinmontnry Reform, Rhould hove poureil into tho House of Ix>rdH n number of men iiotorioUR for their footioua and violent oppoei- tion to tlint great meoaure. That the l^'gislaiive (council, renreaenting merely the penonal opiiuoiu* of certain memners of a body tred, eioept at auch time and in such manner an may he wished by the people of this Province, whoao' aentimenla thw House ia alone competent to represent ; tlwt no interfe* rence on the part of tho British Legislature with the lawa and constitution of this Province, which should not be founded on the wishes of the people, freely ex- presaed either through this House, or in any other con> atitutlonal manner, could in any wise tend to arrange any of the difiicultiea which may exist in this Province, but on the contrary, would otuy aggravate them and prolong tboir continuance. In accordance with the opiniona ezpreaaed in thia laat reaolution, the Houae of Aasembly pro- poaed to the Hon. Secratary, through tho Gover- nor, that, in order to learn what really were the wishea of the people, a body of persona should be called together, ailer having been elected by the people, in order aimply to determine this ■ingle matter, namely — what altoration they de- aired in the Legislative Counoil ? Thia plan was propoaed : — lat, To learn diatinctly the opi- nions of the people, it having been asaerted by a certain party in the country, that the body of the people desired no change ; 2d, To enaure a quiet and deliberate consideration of a very grave mattei : — for, aa the representativea, in thia case, would be charged with one nutter alone, and acting andor a very serioua responai- bility, it waa believed that they would be the more likely to give it a singular and complete attention. Now thia body, thus proposed to be called together by aome person or other, waa un- fortunately termed a '■ convention." The Right Hon. Secretary immediately called it a " nation- al convention," and straightway there danced before his disturbed imagination the recollec. tiona of the French Revolution, and the diaaa- trouayear ori793. Vergniaud Genson^, Gau- det and Lou t, Robespierre, Danton, and the revolutionary leadera and deeds of that day, all rushed upon hia mind ; and, in an agony of ter- ror and indignation, he penned the following pithy Despatch to Lord Aylmer, respecting this propoa«l of the Houae of Asaembly : — I buve nimi liiitl lieli>r« (iix King the Addresites irf Ih* MouM< of Asaembly. I nannot pass over this document without uhanrvotion. The ottjeei of this Address ia lu pray His Miussty to sanction a national convention at the people of Canada, for the purpose of superseding the T4>Rislntive authorities, and taking into their eonm- deration in whl<-li of two modes tM eonsiitution of Lower ( 'nnndn shall be altogether destroyed : whe- ther hy the introduction of the elective priiteiple, or by the entire almlition of the liegislative (Council. (In the mode proposeil, Hiii Mi\jc«ty ia willing to put no huniher construction thun that ofextrrinu inconsiderai«- ncm. To tho oliject sought to be obtained. His Majesty ran nvwr l)e advised to aasont^ as (ItH'ming it inconsif- tent with tho very eiistenceol monnrcbical iiutitutiona. To every meiuuro which muy secure the iixlepeiidence, and raise th* character of the liPginlutivo Council, His Mi\iesty will bo most ready to assent. In IN'J8, n Com- mitloe oftlio House of (.'ommons carefully investigated the grievances alkwed by the inhabitants of the CaiM- das, and amongst them the constitutwn of the Legisla- tive Counoil was a tiiatter of aerkius deliberatkin. The (temmittee reported t!iat oite of the most important sub- jects to whieh their inqoiriea hod been directed, waa the slate of the Legislative (^oiuieil in both the Cana- das, oitd tho manner in which ilioae Aasemttlies hod answered the purposes for which they were instituted. The Committee Ktroiigly n^commendiHl that a more in- dependent clmrnrter should be given to those l)odiea ; that the minority ol'tlieir members nlioidd not consist of portions holding olliees at the pleasure of the Crown ; and that uny other meusnres that might lend to connect more intimnielv that branch of the couHtitution with tho interests ot tlin colonies, would be attended with the gi'ciitest ndvonUige. i Willi rcstiect to tlie .TudgCfl, with the exception ""ly ol the Chief Justice, whose presence on porticulnr oc> cosions might bo necessary, the Committee entertained no doubt that they hnd better not be involved hi the pa- litical business of the lIo«Me. An examiiiatkin of thn body at that period and the present, will sufficiently shew in whiu spirit His Majesty's (iove.Bment have laboured to accomplish the wiwhea of Parliament. The House of Asaembly state correctly that it haa often been avtnved that the people of C^iada couU see no- thiiig in the hwtitutkms of neighbouring countries to which tliey should kiok with envy. I have yet to learn that Hia Meiiesty's aubjscta in Canada entertain auch aentimenta at present, or that they desire to copy in a monarchical government all the institutions of • republic, or to have the mockery of an executive abso- lutely dependant for its existence upon a po|>ular body usurping the whole authority of the State. I am not reparcd to advise His Miyesty to recommend to 'arliaroent so serious a step as the repeal of the Act of nyi, whereby tho inxtitutions of this country were conferred separately upon tho Provinces of Upper and Lower Canoilo. Serious as are the diflicuUies by which your Lordship's administration is beset, they ore yet not such 08 to induco me to despair of the proctical working of the british Constitution ; but should eventu unhappily tbrce upon Parliament thn exercise of its su- preme autltority to comyxMe the internal dissensions of the Colonies, it wouhl be my object and my duty, as a servant of thn Crown, to submit to Parliament such modilicotions of the Chtrter of the Canados as should tend, not to tlie introduction of institutions inconsistent with monarchical government, but to maintaining and strengthening the connexion with the Mother Country, by a close adherence to the spirit of the British Consti- tution, and by preserving in their proper place, ond within their due limits, themutuol rights ami privileges of all classes of His Majesty's subjects. I would now beg the House to weigh this mat- ter, rather more carefully than the Rislit Honor- able Secretary has done ; and endeavour to learn how monarchy and monarchical institu- tions are to be deatfoyed, by the simple, and I think extremely proper method suggested by the House of Assembly. It appears that the House of Commons, it- self supposed to be a democratic body, proposoa that alterations should be made in a particular portion of the Provincial Government ; what alterations it did not, however, specify. — Well, then, in order to learn what those altera, tions should be, the House of Assembly proposes K tkki a bod/ of periont ■hould b* •U«t«t ModuoiT* to the weirara of tbair conati- tuanU ; therefore, I uy, it followe neceisariljr, that the wiebea of the £ngli<|h Govenunent •ad tbaee of toe Hoaie of Aawahly «U1 be iden. tice!— that, to boleter up a good dominon, eveh a miachieToua inetitution ae the legislative oovncil to utterly unneoeaaary— theft it ia ttaeful only to had porpoaee, and an inoiunhnnce OTen when K aeti moat w.'"«ly. ]>oeaany one believe that •or doniniou ^rar the Canadaa ia maintained by ■oma aaote of miaebief-niaking eld man, coUeeU «d totethnr and ealled a legialati ve eouncil ? The goTeraerianotatrenfthenedbytheon; hewoald not be wedter, in reality, were they aboliahed, t;>moarow. How, then, I ahonid luce to know, ia thia body neceaaary to the maintenance of mon> arohT 7 But, it may be aaid, allow two bodiea of the Mgialature to be choaen by the people, and yon miake the people paramount. 1 aak, in an> ewer to thia, do you deairethinga different from whU the people deaire ? If you do, you aoek to eatabliah bad gOTernment>-if you do, yon make bad goremment and monarchy in thia case identical. X, haTuig a better opinion of the iu> tantiona of the EngUah GoTetnment, auppoae it to wiah what M* people wiah ; and, ao wishing, that it wonid aot in haraaony with the people'a npreaentativee, whether aitting in two ohambera or one. Therefore, I aay, thia auppoaed propoa- al of an elective legialative cotmeil ia no wa^ eppoaed to monarchical institutions, and that it onfy aeeka to eatabliah a ffood for a nernicioua inatitotion. The Sight HonoutaUe Secratary« however, waa not oonVmt with t^ua declaring war against the Assembly generally ; Jie took care to quarrel with them in a matter peculiarly relatinff to their own privilegea. The Ho«iae of JUaembly is fond of imitating the proceedings of thia House ; and in order tp ensure the purity and independence of the membera, it waa deter, mined to take a precaution whi<^ this Houae has ostabliahed. In the year 1680 thia House passed the following Resolution : — That no member of this House shall acoept of any ofiiee gr plaoe of profit from the Qy the House of Assem- bly, have been imposed by the authority of Rirliamett, but they have always been by Rill, Mid have never been sought to be ol>taia, too, is most in favour of a body, who paaaed, nemine eontradicante., the resolution I above quo. ted— who expelled Wilkes — and who, twelve yoars afterwards, expunged the record of that expulsion from their Journals. Surely, surely, the Right Honourable Secretary must study a little more carefully the history of his country, and learn to be less hasty and positive in asser- tion, when he finds that he has thus grossly er. red. But what says the Aasembly to this ? [Here the Honourable Member read the Resolu. tion passed by the House of Assembly.] And now, Sir, I ask, amid all this confiision, what is to be done T The Riglit Honourable Secretary has rvfusod the plan proposed by the House of Aaaembly, and by bis prooeedings,generally, he and his officer, tb« governor, have put the coun. try into a flame. A revolution — (I will not hide it from tho House) — is at hand ; and here comes tho question, — what ought this House to do ? li it not, I ask, high time that we should care- fully investigate the matter, and afford the peo- ple some means of redress, — the executive some means of exculpation 7 Is it not the very height of madness to allow the confusion to continue 7 Without inquiring whether the house is incli- ned to agree with the opinions which I have expressed respecting the conduct of the Home and Colonial Governments, I think, then, I have made out a suflicicnt case for the House to grant me the Committee which I seek. I have shewn, beyond all doubt, that, whether wisely or unwisely, I shall not now ask, the provinces are in a state nearly approaching revolution. I have explained that the cause of this great ex. citement was a belief existing in the minds of the people of the colonies, that their government is a bad oue : — I have shewn how necessarily they must be led to make comparisons between their own condition, and the happy st.i of the American republic : and that, there- fore, it is highly necessary, if we de. sire to retain a peaceable dominion, that we should give the colonists every opportunity of •xpresning their complaints, and of soeking re- dress for their supposed grievances, through the ready intervention of the Imperial Legislaturo. On these grounds I say, Sir, if wo be governed by the dictates of a sound and benevolent policy, we shall unhfesitatinglv gran .he Committee which I ask for, and allow the people to bring their complaints before us in a direct and straight- forward manner. I hope, therefore, whatever else the Right Honourable Secretary may say upon this occaaion, he will not oppose the Re- solution with which I intend to conclude. Before closing the observations which I have deemed it my duty to make, I would solemnly appeal lo the prudence of the Right Honourable Gentleman, whose opinions will, I know, guide the determination of this House. I would be. seech him to pause and reflect upon the conse- quences that will folk.v any rash declaration of hostility; and would < irnestly entreat of him to listen to the dictates rather of a calm sane polley, than the rash impulses of an impetuous temper. Let him recollect that the great Republic of America with her swarming citizens, adventur. ous, wary, and sagacious, is the close neighbour of our Canadian subjects. That 13,000,000 of enthusiastic Republicans will watch with intense interest, and with selfish views, any dispute that takes place between the colonies and the mo. ther country. Let him, also, be certain, that if any rupture take place betwe a us, the coloniste will ask, and will indubitably receive, assistance from their all-powerful neignbour ; and on what terms w '! that assistance be granted 7 But on one only ; that tho Canadas become part of the great federal Republic. And when this event shall take place, who is there, on surveying the vast possessions of this already but too formid. able power, but will tremble for the feite of Eng. land ; from the North Pole to the Sea of Mez. ico, from the Atlantic to the Pacific, will her gigantic territories extend. With a coast un- equalled in the whole habitable globe — with wise and benefiGent insiitutions — with a well, instructed and sagacious people — where shall be fixed the limits of her power — where found a check to her overwhelming force 7 The fleeta of England will dwindle into insignificance ; her naval supremacy will shrink into obedient servi- tude to her transatlantic offbpriog. The day is not far distant which will see this propfatocy tarn- led, if we rvshly drive into rebellion the pro. vinces of Canada. If we yield to their wishes, on the other hand, we may bind them to us by the gentle but firm bands of friendship — we may foster them by time into an opposing force to the giant strength of America, and may erect, in the more northern territories of that happy conti- nent, a rival to the United States, in force, in commerce, and in happiness. Gentle treatment, wise conciliation, will effbct this ; any rash and impetuous contempt of their desires will revive tho disastrous days of 1774, and the colonies now, as then, will, with arms in their hands, at once and for ever proclaim themselves indspend. ent of our dominion. Woe to that Minister who leads us to this result. Sir, I beg leave to move, " That a Select Committee be appointed te in. quire into the meana of remedying the evils which exist in the form of the governments now existing in Upper and Lower Cfanada." Mr. Secretary Stanlkt. — I must, Sir, before I proceed further, oflfer my thanks to the Hon. and Learned Gentleman who has just sat down ; — first, for his advice '.o me on tliis important question, and, next, for haring given me an op. portunity, which otherwise I should not have obtained, of bringing under the consideration of the House, not the constitution, but the present state of the Province of Lower Canada. I know not whether the distinction has been in- tentional on the part of the Honourable Gentle. man, between the form in which he announod his motion, and the form in which it has been road fnm the Chair ; but the House will see at 12 h «nM tLat the tfifiiirenM k not immatarial b«. tween a motion which goei to enquire into the ovila existing in the preeent ijateRi of the con. •titutton of a country, and thoie etiating in the ■tale of that country under ita constitution. I confess, that having listened to tho Hon. Gen. tiemaK '«ith groat attention, it was with no small difficulty that I hoard him through the compli. cation of dates, and times, and facts, and places, which, to any one who had erer inquired into the proceedings of the two Provinces, and the oircumstanees of the case, would appear almost unintelligible. I beg the House, in the first place, to consider this material point, — that whereas the Hon. and Learned Gentleman calls on this House to enter into an inquiry regarding the constitution and state of the tivo Provineea — the whole of his facts — the whole of his state, nients — the whole of his allegations, with hardly a single exception — refer to one ProTinoe ; he omits to tell the House, that in the other, there is be. tween the GoTnrnor and the Legislative Council and the House of Assembly not one single point of diflerence ; that perfect cordiality and uniform harmony prevails between the three branches of the constitution established in that province, not. withstanding the sedulous efforts tnat have been made to disturb them. It is not long since that a gentleman of the name of Mackenzie — a name familiar to many in this Honso — came over to thia country to eomplain of various grievances existing in the province of Upper Canada. Those grievances were inquired into with care, with zeal, and with an anxiety to do equal and impartial juatioe, which, on every occasion of circumstances con. nected with this province, characterized the pro. eeedings of my Noble Friend who preceded me in office. He then stated the grounds upon which he wished to proceed, and he called on the legislature of that province to take the most effectual mode of meeting and remedying auch grievances as mieht, on inquiry, be found to ex. ist. What was the answer of the House of As. sembly of Upper Canada, (a body with whose in. dependence, and with whose free action, I pre- aume, the Honourable and Learned Gentlemen, himself the advocate of freedom, and desirous to extend popular institutions to their full limit, will not be disposed to quarrel; 1 I ahall trouble the House with it, if, in the multiplicity of papers I have before me, I can lay my hand on it. My Noble Friend, in a des^ta'ch on this question, observed, that Mr. Mackenzie had concluded his paper, containing a statement of grievances, by predietiiu; bloodshed and civil war, and a disso. lution ofthe connexion between Upper Canada and this kingdom, and might well suppose that such a prospect would be regarded by his Majes. ty's Government with a degree of concern to which it would be impossible to give adequate expression ; but against glowing prophecies of this kind, every man conversant with public business has learned to fortify his mind, viewing thorn always as the assurances of those who wish to obtain concegsions, for granting which they have advanced no adequate reasons. My Noble FrionrI said that he would not adopt the injurious opinions which Mr. Mackenzie possessed of the people of Upper Canada; he would reject the supposition that tliey would violate their sworn fidelity to their Monarch, and desolate their country with bloodshed, because his Majesty de. ferred rather to the opinions of his faithful Com. inouB in Parliament assembled, than to the clam- nur of discontented persons. The Houiw of As- sembly answered as follows :— We, His M^ifltty'a dutiful and loyal auhjecte, the Cmnmons of Upper Canada, in Provincial Parliament assembled, return our thanks for your Excellency's message of tho l&iK day uf Janiuuy last, transraittinff • despatch of the Right Honourable the Secretary of tatefor the Colonies, in answer to cerudn letters and ctocuments addressed to his Lordship for the purpose of proving that the people of this happy and prosperous Colony are oppressed and burdened with in^vanoes, and have become so discontented that there is danger of revolt and bloodshed, unless these allegMl grievances are removed and rednmed. We most readily concede that the Noble Secretary of State was actuated by the beat motives in framing the despatch in question, but we cannot relrain from oxpresaing our greet regret that it did not occur to hia Lordship that allegatbns thus deeply aflk-ting the character of Mis Miyesty's subjects of Upper Canada, rested on no better testimonv than that of an individual who had been twice expelled this House, and who, in consequence of hia havii^ fob* ricated and reiterated libels of tlie grossest description, had been declared unfit und unworthy a scat in tho Assembly during the present Parliament. If this fact had occurred to hia Lordship, it is reasonable to sup- pose that he would not have felt himself at liberty to recognise the author of this additional calumny on the people of this Province, as the agent, or as speaking the sentiments of any portion ofthe kiyal inhabitants of the Province of Upper (/Snada, and would, therefore, have considered it utterly unnecessary to enter into so eleborete an examination or refutation of any thing ad- vanced by him. The House of Assembly are unwil- ling to occupy your Excellency's time or attention ,by commenting on the details of the Despatch, or on the different matters referred to in it, as constitutii^t grounds of complaint on the part of a few ofthe people of this Province; they will merely remark, that the re- medy for any ills alleged to exist is placed in the hands, and is within the constitutional power of the L^islatore ofthe colony ; and the Noble Secretary of State does the people but justice in believing that there are no people on earth who are less likely to yield to the unmanly weakness of despairing « the pubUc good, and or betraying their most sacred duties to a pu* siilanimous spirit. Actiiw upon principljs and feelings diametrically opposite to those imputed to them, we are confident that they will toko care to exercise their rights, as freemen and British subjects, in such a man- ner as will ensure the election of representatives who will maintain our excellent constitution, guard our rights and with the concurrence ofthe other branches ofthe Legislature, adopt such measures as may appear necessary for removing any just ground of comphunt. This is the Address of the House of Assembly of Upper Canada, and this is the mode in which that body speak of that constitution, and of that state efthings, which the Hon. and Learned Gentlemen ia villifying and traducing : — thia is the manner in which they speak of the state of that Province, which he tells you is about to be desolated by bloodshed. And this is the lan- guage of a House of Assembly, elected freely by the people of Upper Canada, the right of eleo. tion being, for counties, in the hands of forty, ■hilling freeholders ; and for towns, in the hands of those posaeaeing a house of the value of five pounds, or renting one to the value of ten pounds; and this, therefore, is the manner in which the people of Upper Canada, through their representatives, express their opinion of the state of the constitution uuder which they have lived, and of the happiness which they have eqjoved under it. The Committee of thia House, which sat in 1828, to inquire into the civil government of Canada, — a proceeding which, however unintelligible the fact may be, the Hon. and Learned Gentleman, in his review ef paat oircumstanees, from the year 1810, has utterly passed by. Mr. Roebuck. — I did notice it. Mr. Secretary Stanlkt. — The Honnurahte Gentleman will pardon me then ; but the allu- sion to it was io slight, that i was not aware he had mentioned it. That Committee most wisely laid down the general rule, that the interftronee 13 of Parlinment with tlioM •eloniei haring inde- pendent lagialativn atMrnbliet of their own, •hbuld be limited to thoie pointe, within which the intervention of Parliament waa juBtifiod by •uoh a caae of extreme neceaaitjr, aa would com. pel a deviation from thu ordinary rule of pro- ceeding. I embrar.e and adopt that opinion, and I confesa that I wua aurpriied the Honourable and Learned Gentleman ahould, when he had before him thia declaration on the part of two branches of the legiilature of Upper Canada, — when he taw the people, posseaaing a constitution in which the representative branch is as freely chosen as in ly country on the globe, enjoying freer institutions, and subjected to lighter taxa- tion than any people living on the iace of tlie earth, — a fact which I will substantiate, — I say, when he saw this people declaring their full and entire iiatisfaction with the constitution of their government, and the state of things under which thoy existed, — and when he knew, that if there was dissatisfaction in the province, the ge- neral election which will take place this very ^ear, would give them an opportunity of signify- ing that feeling, by making a different return to the House of Aasembly, — with these facta before him, I must, taking into consideration the whole of his reasons, and the whole of the facts, or rather the allegations which he has adduced respecting the province of Lower Canada, and bearing in mind that he has omitted all notice of the preplexing embarrassments and difficulties •ubsiating between the two provinces, and ren. dering the conduct of their affairs so arduous, — I say. I must confess my astonishment at hear- ing the Honourable and Learned Gentleman call upon the House for an inquiry into the practical working of the constitutions of the two Canadas. The people ef Upper Canadc.as well by their re- presentatives, as by their Legislative Council, nave expressed their entire and unqualified ap- probation of the constitution under which they live, and their full eoi. miction of the beneBts which they enjoy under it. I admit that the case of Lower Canada is widely different. In following, however, the Honourable and Learned Gentleman as far as I can through the course of events which he has described, — and which, he will allow me to say, he has great'.y misrepresented, — I shall endea. vour to trespass on the time of the House for as short a period as I possibly ean,conBiBtently with the multiplicity of questions which he has brought under tlie consideration of the House, in quoting those resolutions which he has no. ticed, but which he has carefully abstained from reading throushout, — an omission, the prudence of which on bis part, I do not dispute. In one of the provinces to which he referred, the con- stitution is not made a subject of complaint by any party ; and, in the other it is only by a party to whose allegations I will presently call the attention of the House. The first point to which the Honourable Member referred, was the constitution of the Executive, — and the next, of the Legislative Council. In revardto the former it may perhaps be necessary lor me to inform the House that the executive council is a body acting in the nature of the Privy Council in thie country, — advising the governor, but not responsible to him, and forming a council against whose opinion, as well as with it, he may act, — and subject also to the control of the Treasury here, as auditing and passing the ac- counts of the province, so far as the jurisdiction of ihe Treasury extends. Dut the Honourable and Learned Gentleman says, that this execu- tive council is identical with the Legislative Council. Mr. RoKBvcK. — That it has been sO. Mr. Secretary Stanlkv. — Oh ! heretofore it has been so, the Honorable and Learned Gen- tleman says, — and therein eonsiBts the fallacy which runs throughout his speech. He tells us what has been — what prevailed in the year 1810 ; he refera to an arbitrary act of Hir James Craig in that year, and mentions various occurren- ces in different years, down vo 1824. Now, the Committee of the House of Commons sat in 1828, and reported on the very abuses to which he refers ; and there is not one abuse pointed out by that Committee, with regard to whioh i ^m not prepared to show that every step has been taken by the Government, in their power, to meet and remedy every cause of complaint and grievance. This I am fully ready to prove, and will establish to be, the caae, — for the Ho- norable and learned Gentleman shall have inqui- ry into this subject. I propose, in some decree, to vary the motion which he has submitted. The Committee for which I shall move, shall be limited in the ob- ject of its labours, because I admit that the Pro- vince is in a state which demands inquiry. I propose that inquiry, because the Government IS on its trial now. I say, both the Government here, and the Government in Canada, are on their trial now. To the personal question regarding myself, I shall speak hereafter. I know that it is impossible to enter here into the multiplicity of details which will be necessary for the full investigation of the subject ; the patience of the House would be wearied out by the attempt : — but I invite — nay, more, 1 demand — inquiry. I demand that these points charged against the Government shall be substantiated or refhted, — I demand that we should have that strict inquiry which a majority of this House will, I am assu- red, grant : and I ple4ge myself to point out, that the whole systeni of the Government from the year 1828, down to the present period, haa been a system of perpetual conciliation and con. cession, met on the part of the House of Assem- bly of Lower Canada by further demands and extortionate requisitions. I return, howevar, to the subject of the executive council. That body has been — for it is not said to be now — identical with the legislative corncil ; and by combining the fanctions of the two, it has swayed the affairs of the whole province, taken the governor into its hands, and rendered the le. gislature a mere absurdity ; in short, that it haa controlled and fettered the free exercise of the constitution, and centered in a small body of placemen the whole government of the pro. vinco. Such is the statement of the Honour- able and Learned Gentleman. At the present time there are thirty.two members of the legis. Utive council of Upper Canada ; how many of them does the House think are members of the executive council ; Six, and six only ; and of these six, not one has been appointed since the year 1828, when the Committee pointed out the expediency of more distinctly separating the dif- ferent departments of the state. Of the legia. iative council, six only have seats in the execu- tive. These are facts to which 1 -iemand the at- tention of the House, end which I shall bring be- fore the Committee liereufler. The Honourable and Learned Gentleman says that one of the recommendations of the Committee of 1828 re- ferred to the legislative council, the conditions of which was one of the evils which mainly im- peded the prosperity, and mainly caused the discontent of the province. Hb is kind enough to tell me that I at that time hasarded some rash and intemperate expressions — that I have since seen the folly of them, and I am abont to u i rteade from them ; and h« crivei m* a fair op- portonity of retracting. I thank him Sot the conrteay, but I ahall not profit by hia oflbt . Oa the contrary, I repeat my ezpreeaien in tto terma and language of the Committee of 18SI8, that constituted aa the logialatiTe council then wae, dependant aa it then waa on the Crown, ita condition waa in reality a gricTanoe and abuae in the ccnatitutional ayatem of go»ern. ment eatabliahcd in Canada. I am aware that the reading of oxtracta and papera is not, on auch oeoasona as the present, a very popular proceeding ; bnt if I feel it necessary to detain the House longer than I should otherwise be willing to do, in ordor to strengthen by the evi. dence of documents the statementa which I have advanced— evidence in which there can be no fkllicy and no mistake — I trust I shall be par- (lonod for so doing. I have before me the Roport of the Select Committee of 1828 on the Civil Government of Canada. The House is perhops aware tiiat in that year petitions were received from various parts of that province, from 87,000 inhabitants of Canadian extraction, and from 10,000 of Bri- tish extraction. I regret that it ia my duty to point out the neat difficulty and embarrassment ariaing out of^the distinction I here alluded to ; the Honourable and Learned Gentleman him. self must be aware that it constitutes one of the great sources of difficulty in the conduct of the affairs of that province— 87,000 French Cana. diana dwelling within the Seigniories, and un. der French law, and 10,000 Britiah sent a peti. tion of griavaacea to thia House, which they in. truated to three gentlemen, Mr. Neilaon, Mr. Cuvinier, and Mr. Viger. It is rather a remark- able fact, that on the occasion when the resolu. tiona that have bees meationed wer» proposed, it wn Mr. Neilson, with Mr. Cnviliier, who moved an amen<1ment on them, expreasive of aatiafaetion at the course which the Clovernment had taken, and calling on the House, instead of entering into vexatioua and irritating topies, to adopt the more sound and stateamanlike eourae of co-operating with the Government for the re- dreaa of real and practical grievances. I will now refer to what was said by Mt. Neilson in regard to the constilullnn of the legislative coun. ciL The resolutions declared that he — naming him—expressly pointed out that aa elective council was the only mode by which the evila existing in Lower Canada could be remedied. — Mr. Neilson'a evidence is to this efiect : — There are two modes in which the composition of the lesialative council might be bettered— the one, whicn I believe the majority of the people in Lower Canada have in view, ia by the exercise of the prerogative appointine men who are indepen- dent of the executive, ano, in fact, who are able to KVe by their own means. That has appeared to ua the aiost consistent with the constitution imder whidi; we live. If that were fouud to be impracti- cabWtfao other mode would bo, to make the Lefcigbr tive Council elecirve by electors of a higher qualifica- tion, and fixing a qualification in property ibr the per- sons that might sit m council. I ifhould conceive mat the latter mode would be safe enongh for allthe par- ties ;- still it seems to be a deviation from the conslitar tion under which we live. You ooneeive, then, that the fault of the Legislative Council is nut the original constitution of the body ; but the manner in which the choice of councillors Has been exercised 7— Certainly. When you say that those alterations would improve the constitution of the Legislative Council, do you use the word "improve'* in this sense, that they would eoHstitiitea' body which would agree with the lower hooae in their viewa, instead of agreeing with Uie gp\- enwr aa it bow doea ?— I jhouU ki^ppqae that it woi)Icl be compelled to agree with neither one nor llie uthsr. - At preaent we suppose that it ia absolutely compellsd . to agree with the governor. Then it would be an in* dependent body, keeping the balance between the two, and give a certain stability to the existing laws and in- ' stitauons. Tha witnesA then continues to aay, — It waa never imagined, by ua at leaal. that the Le- gislative Council was t9 bo otherwise than a body, originating, in aomo measure, from the Cro#n ; and recoramenda that a majority of the council ahould not consist of persona dependant on tha . Crown. Mr. Ouvillier's evidence is still stronger ; he sava that the Judgea ought even to be ex- cluded. He expressed his opinion, that persona holding office under C>overiiment ahould form by far the least portion of the council, so aa to have a majority of independent men : and waa then asked, — Would you consider that a greater security would be pffected in that way, than by making the Legislative Coimcil elective, aiMl the members holding their scats ior life ?-~With regard to that, I wouhl not wish the Legislative Council to be appointed. Will you state your olgections to making the Lsgia- lative Council elective 7—1 think it would make that body rather dependant upon the people ; and I should like to see them iodepenaent oftho people and of tha Crown. Have not the inhabitants of Lower Canada petitioited the Houses of Fterlinment to make certain alierationa in their constitution 7— I believe not; on the contrary, they pray that no change whatever sliall lake place. GenemUy speokimK, do you not coiisidsr that thein*' habitants roro I ncceptMl tho seals of the Colonial Dopartinunt, I have only fnllowed up the course which my Noble Friend had, late indeed, but at length felt him. aelf compelled, most reluctantly, to rocommend and to adopt. Tho Honourable Grentleman asks whether tho tone of the despatch which it was my duty to send to Canada was such as to earn the Kood.will, the favour, and the kindness ol the House of Assembly ! It was my duty to state in that despatch, pin inly, but I hope not discourteously, but plainly and frankly, the Mn. timents entertained by His Majesty's Govern- ment with respoct to the monstrous pretensions set forth by tho Houso of Assembly in Lower Canada, and which I do not hesitate to repeat, coolly and deliberately, would have been aubver. sive nf the balance of the constitution as estab. lishod in Lower Canada, if submitted to by His Majesty's Government. With respect to the system which I have pursued, and which haa Men so much reprobated liy the Honourable (•entleman, I beg to call tho attention of tho Houso to the state in which the provinee of Lower Canada was at the time that I accepted the aeals of the Colonial Department. For while I am ready to vindicate every step taken by my Noblo Predecessor — while I am ready to take the whole share of responsibility which may attach to me as a Member of the same Cabinet as my Noble Friend — I must, at tho same time, declare that these acta were committed, not un- der mine, but under his administration ; and while I am prepared to take my share of the responsibility, I am not prepared to submit to invidious distinctions being drawn between me and my predecessor. I hardly know how to apologize to the House for going into this matter so much in detail, but tho aubjoct being one of such vital importance, I trust that Honourable Members will not be wearied by tho statements which I feel it my bounden duty to go into. One of the points to which the Honourable Gentleman adverted was tho question of finance. He tells you that it is extremely outrageous — that nothing can be so preposterous, as that the House of Assembly should not have full dominion over the revenue which arises in that country. I have the autho- rity of a Committee of the House of Commons, and I think I have reason and justice on my aide, when I state that before the entire domin. ion over the revenues of the province is abso- lutely surrendered into tiie hands of the House of Assembly of Lower Canada,forming only one branch of the constitution, it is right that the Governor, the Judges, and the Executive Coun- cillors should be rendered independent of an an- nual vote of a popular Assembly. If there be one subject moro than another deeply interest- ing, not only to constitutional freedom, but to the happiness of every class of people, it is tho entire independence ofthe judicial establishment upon the Crown on one aide, or upon the public on the otlier. I rejoice to hear the Honourable and Loarned Gemtieman (Mr. O'Connell) admit that doctrine, for in admitting it ho justifies the whole course which has been pursued by my predecessor, — ho justifies the whole of the ob. jeetions taken on my part to the pretensions of the House of Assembly, in regard to matters of finanto. It is necessary, fpr me to state to the House, what was omitted bv the Honourable Gentleman, that in the year 1774, by %he pass, ing of the Quebec Acts, which constituted the province of Quebec, certain duties wer« raised within that provinee, and made payabla t ■ t IH ' J Ti t« llii iVLijcdy, whicli were levied under uermniient Acta. In 1779, it in wull knov^n that the Declnratory Act paaaed, by which it waa declared that Ilia Majeaty ahould not thereaAor levy any diitiea within the Cana. das, which ahould b« applicable to other than the purpoans of the Coloniea. In 1791, that whii-h I think was a vory unfortunate circum- stance, took place in the division between the Frnviiicsa of Upper and Lower Canada. At that time the inhabitants of the Province of Lower Canada consisted almost exclusively of Cirions of French origin ; whilst the Province of pper Canada was peopled by Americans and British, who on the separation of the United States from this country, fled into Upper Caan- da, and there established themselves under the dominion of the British Government. In 1791 the separation of tlio two Provinces took place^ when each of them had separate legislative councillors, and a separate House of Assembly ; but, at the same time, tiiere rvns a guarantee given to all His Majesty's subjects who should ■ottle in either of these Provinces, that they should have the full enjoyment of the laws of Great Britain. It was, however, provided, that the inhabitants of that strip of land first settled, extending to a great length along the River St. Lawrence, should continue in tho possession of those feudal privilogos which they had hereto- fore enjoyed, although it was in this district that the feudal tenures existed in their most unmiti- gated and worst possible form. From 1791, down to so late a period as 1817 or 1818, the casual and territorial rovenuos, together with the duties levied under tha Acts of 14 Geo. III., were so far sufficient for the ordinary expenses of the Province, that it had not been necessary to apply to the House of Assembly for any as. sistance to make up the sum required for the or- dinary expenses of the Province. When the House of Assembly was applied to certain grants were made, until at length they stated, that if they subscribed to the maintenance of tho Pro- vince, they bad a right to check tho expenditure of the revenue, to ascertain how it was appro, priated, and to see whether they could point out any improvement in its distribution. Thus mat- ters wont on for a number of years, sometimes with concessions on the part of the Govern- ment, sometimes with concessions on the part of the Assembly, always unsatisfactory, ai.d always irritating, until at last the Governor of whe Pro- vince (I think most unconstilutionally and most improperly) authorized tho Receiver-General to Kay out of the public chest, by warrant from tm, the money which ought to have been voted by the House of Assembly. This was one of the points inquired into by the Committee which sat in 1828, to which their Report is directed, and to which the Government have paid the most strict and unwearied attention ever since. Before I go further, I will give an instance of the spirit in which the Assembly has recently acted. Last year, the Assembly broke up at a very early period, having done very little busi. ness during the session, and the financial afl'airs of the Province were left wholly unprovided for. The cholera not having subsided, the quarantine establishment was in the greatest distress ; a fa- mine raged through a portion of the country ; and, under these cifcvunstancps, the Governor felt himself justified in taking (partly, too, from his own private resources) about £7000 for the relief of those persons who were suffering from famine and pestilence. At the commencement of the present session, he applied to the House of Assembly for indemnity and reimbursement, but he was mot by a resolution tiiuntiug hioi with a misappropriation of the public mo- ney. It was not for the purpose of Paying salaries to thn Judges, or any other high om. oera that the Governor bad made this advance of money ; not for the sake of benefitting him- self; but for the sole object of assisting tli* starving and tha sick — the wretched population of the country. With a degree of honesty, candour, and liberality, which docs high 'ho. nour to the individual, the Governor, relying on the good faith of the Legislativa Assembly, advanc«d this £7000 in the manner that I have stated, and I regret to say that he has been disappointed, and has met with nothing in return for nM genet ous conduct, but revilings and taunts of the most bitter dercription. Admitting the control of the House of As- sembly over the finances of the Province, there remained tho duties levied under the 14th of George III., and appropriated under a perms- nent Act, which has never yet beon repealed. The Select Committee of the House of Com. mons state — That from tho opinion given by the Inw-oflicers of the Crownj your Committee must conclude that the le. gal right oi appropriating the rovonues ariiiiiig from the Art of 1774, 18 vested in the Crown ; but thn real into* rest of the Province would bo bo«t promotMl, by plac- ing tho receipts and expenditure of the wliole public rnvenun under the supermtendnnce and control of the House of Aiisembly. Your C'ommittiW while recom- mending HUch a concession on behalf of the Crown, are strongly impressed with the advantage of rondoring the (iovernor, tlie members of the Executive C'oimci^ and the Judges, independent of thn aimual votes of the House of Assembly for their respective salaries. In 1828, the House of Assembly thought that it would be expedient to render the Executive Councillors, and the Governor for tho time be- ing, independent of the annual vote ef the House, to the extent of their present salaries; and three years after the passing of this resolu- tion, the Government adopted a sort of middle course, deducting these salaries at the disposal of the Crown, ([iving an account of the expen- diture, aud leavins the whole of the rer binder applicable by the House of Assembly ; yet the House of Assembly persisted in including in the annual estimates the whole of these charges, thus claiming to themselves the appropriation of the entire revenue. In 1830, my Noble Predecessor made this pro- posal — that, m passing a Civil List, which he specified, of which £12,000 out of £19,000, went to the inaintainance of the Judges of the land, £4500 to the Governor, and the remainder to the Attorney and Solicitor General of the province, that the House of Assembly should have the uncontrolled management of tho sur- plus revenue, amounting to about £35,000. — That offer was refused by the House of Assem. biy; they rejected it altogether. My Noble Friend went still further, and offered to take off every thing with the exception of the Judges and the Governor ; but this was also rejected. I must return to 1831, when my Noble Friend, having made this proposal to the legislature of Lower Canada, and a similar offer to the legis. lature of Upper Canada, he received from the legislature of Upper Canada an address, thank, ing him for the kind and benevolent manner in which His Majesty had met the wishes of the Assembly, which had completely realized their expectations, and guaranteeing, not for a term of years (as my Noblo Friend asked), but per- manently, and for ever, a sufficient civil list for the maintenance of the Judges and the Governor of the province. This, it was mid, woe done ;i i: on lh« t'aillt ol • Dill tMing broiigia into Par lUment to ettoct tliii object. My Noble Friend brought in the Dill, and, on hit doing to, he was told that he would repent of tho atop he had taken. In reply, ha aaid, •■ I will truat to the honour and patriotivni or the people ; — I will aurronder, abaulutoly and en- tirely, the revenue levied by tho Act or 1774, in the full confidence, that when I have shown iiu intention to treipaaa un the righta and libertiea of the Canauiana, they will then do tliat which ia juat, and make the Governor and the Judgea indnpendonl of the annual votca of the Legialaturo." Have tlioy done io7 No, they have not ! They have passed a Dill, pro. fesiing to render the Judges independent ; but, although thoy atate that the Judges hold their offices for life, they abstain from mentioning the amount of their salaries. They insist on their right to impimoh tho Legislative Councillors — which, by a Bill brought in professedly for tho pur|iose of supporting the independonco of the Legislative Council waa vested solely in that body, aa well as tho right of iiupoaching all the high officers of the Colonies. This is an endeav- our to obiain, by circuitous Means, objects which they cannot accomplish by fair and open doalinffs. Tlie House of Assembly passed the Bill ; but my Noble Friend disallowed it as wholly and entirely inadmissible ; and he stated, since they were determined to give nothing per- manently to render tho Judge and Governor in- dependent of their annual votes, — that the Go. vornor was peremptorily instructed to refuse his assent to any future Bill .->f the some objectiona- ble character, — that His Majesty would not again apply to the Legislature for a Civi! List, but that Government would provide for tho sala- ries of the high officers from funds at its own disposal. Tliis was the state of affairs when I accepted the Seals of the Colonial Department. Rr;olutiona had been passed by the House of Assembly declaring that they would hold no fur- ther communication with Hie Majesty's Govern- ment, — pretenaiona had been put forward of a nature that it waa impossible for any Govern- ment to submit to ; and the Supply Bill having paaaed, the Secretary of State was saved the trouble of refusing Hia Majesty's assent, as he must have done, to the only Bill which has passed since I have filled the situation, by the refusal of the Legislative Council to concur in a Bill which monopolized to the House of Assem. bly, not only the whole of tho legislative, but the whole of the executive management of the affairs of the coimtry. Salaries were to bo giv. en to those officers who were not mombors of the Legislative or Executive Council ; and most of these individuals who were thus distinguished had held their situations for twenty, thirty, or forty years, without ever having the slightest reproach cast on them by any one single person. If the highest officers of the Government, in. cludinff the Judges, are to be dependant on the annual vote of tho House of Assembly, swayed by passions and prejudices such as I lament to say characterize the House of Assembly of Lower Canada, I admit to the Hon. Gentleman that you may aa well do away with the Govern, ment altogether, and leave to the management of a popular assembly tho whole of the functions, legislative, judicial, and executive, which are now vested in the Crown, the Judges, and other high officers. A district of the Canadas had been represented by a gentleman of the name of Christie, who, by some indiscreet word, act, or publication, ao offended the predominant pcTty in the Houas of AiMmbly, that they de- termined on objecting to his taking hie seat, al- though two ffeneral elections had paa«ed over, at each of which he had been returned m a roprt- sentativa. Five timea he waa re.' ji-u i, ^nd flvo timea ro.ezpolled. Yet, In thU oac^, Oov. eroment did not interfere, so < itle di»rOB.tion waa there to intermeddle with a n^jostion appa. roiitly of privilege. Mr. Mondolet'a caro waa diffuront. There having boon no law in the province declaring that on the acceptance of office under tho Crown, the party ahould vacate his seal, in the year 1691 tho House of Ass«>n. bly passed a resolution, by which any person accepting office under the Government, waa bound to vacate his seat in the Assembly ; and thoy added this extraordinary provision — that until his Majesty gave his assent to an Act for this purpose, the resolutions of the House of At. anmbly ahould have the force of law. In 1833, a gentleman of the name of Mondelet accepted an honorary office under the Crown, and ho waa immediately called on to vacate hia aoat, by the very parties who had previously stated that effi. cea not productive of pecuniary emolument would not come within the scope of the resolu. tion. I speak under correction, but from verv hi^h authority, when I say that this is a stretcn ofpower which the House of Commons never would arrogate to itself, of attempting to give to their Resolutions the force of law, independent of the other branch of the Legislature. I think I may also say, that if tho Lord Chancellor waa called on to affix the Great Seal tu a writ wl ioh, on the face of it, t,et forth a ground which was not legal for vacating the seat, that tho Chan- cellor would feel it nia bounden duty to refbae to affix the Great Seal to the writ. With regard to tho massacres,aa the Honora. ble Gentleman calls it, at Montreal, the fact ia, that it waa an election disturbance, in which, unfortunately, two or three persons were killed by the soldiers. The matter was brought under the notice of the magistrates and other judicial authorities, and a grand jury waa formed on th« principle by which theae matters have hitherto been managed in England. The Honourabls Gentleman may think that the Act was not strictly conformed with, but I believe that great credit was duo to the gentleman who framed the panel, for the very impartial manner in whic' i the jury waa chosen. The Bill was ignored by the grand jury, and an address, signed by up- wards of 7000 persons — the total population of Montreal being 20,000— was drawn up, oxpres- sive of tho high sense entertained by the inhabi tants, of the firmness and temper with which the proceedings had been conducted. The House of Assembly then inquired into the matter, and it waa the only business before them durint; the whole of the Session of 1833. They examined various witnesses, and finding there was nothing to be made of the aubject, thoy adjourned the inquiry te the subsequent Session, and they have actually suspended the issuing of a writ to a large town like Montreal up to the preaent period, under the pretext that no election can safely be held in the town of Montreal in its present riotous and disturbed state. It represents a considerable portion of British commercial capital, and I venture to say that it the ground why tho issuing the wi^as been postponed for upwards of a year^^Ua half. In the province of Upper Canada there is < no distinction of nation, language, religion, or laws. In the province of Lower Canada, un- fortunately, all theae causes of dissension ars in operation ; and although I am happy to say that in moat instances that which elaewhere is a o ^mmm 18 iff f 1 • 8 i fertila lonice of disMniion, — I mean religioui diSennoea, — hu lod to litUo or no animoBity, jet other ofrcumitanoea mix tbemwlvea up and interview thenuelvea with every step that the Legi^ature can take with regard to the most •ppardntly insignificant aubject. I may perbapa bo permitted to advert for one moment to the •vidence of a gentlamaa who woa examined be. fore the Committee of 1838, who ia particularly conversant witli the aflhira of the Caitadaa — whc pnasesses considerable property there — and who la well known to thia Hoaae to be a person of very liljeral opiniona— I allude to the Right Honourable the Socretary.at-war. Thia ia an extract fVom the evidence given by that Right Honourable Gentleman : — Are you of opinion that thr French Canadiann feel that, according to their yew of the intereitt of the Ptavince, tlu 'Utating settlement would bo far bene- fit the Proving., as *^ make it probeblethat they would consent to any Bill > .lich would have for its natural effect the profsressive settlement and improvement of the Province b/ English settlers 7— The ^eat object of the FVench populaSon and Legislature is obviously to retain their institutions, their laws, their Church and their distinct condition, from the people of Aroerice : but, of course, although much may be secured to them by mutual concession, all their olgects can only he ef- ncted at the expense of the interest of the English po> pulation, and by the retardment of all improvement in the country. So Sir from blaming them tor entertabi- ing that sepvaie xidw, probubly S I were similarly si- must form part of the great American or English family, , any attempt to sacrifice the paramonnt interests of the improvement and civHixation of th? country to their ha- bits or pr^udices would not only be injurious to the ■ rest of Canada, but hopeisas as to its result. No person would be more opposed than my- aelf to the paaaing of any measure which would at all interefere with the fVee exercise of the reli- fion, the ancient laws, and cuatoms of the 'ranch Canadiana, but we muat recollect that we have another duty to perform ; — to see that interests of British aettlora, the influx of Britiah capital, and the advantages of British induatry and enterpriae, are not unnecessarily checked and retarded, and that they are not to be prevent, ed from enjoying, within any portion of his Ma- jesty's dominions, the advantages and privileges to which they are entitled as British aubjecta. It ia the atruggle which haa been going on between the French Canadians of th« Seginioriea, and the inhabitanta of the Candidas, the former endea. vonring to retain poaaeseion of their fbudal ten- ures, which ia the real source of the agitation that haa convulaed the provinces for many years. Many persons have considered that a remedy for the evil would be obtained by uniting the two . provinces of Upper and Lower Canada. That •nch an union, at some period of time in all pr<^ bability muat take place, I have little or no . doubt ; but, looking at the present position of af. fairs in these colonies, I confess I am unwilling to ai'k Parliament to give their sanction to ao ae- rioua an undertaking aa the uniun of the two ftoYinnn, for the purpose of over- whelming the oppoaition of a particular par. . tj. At the same time, I have no hesitation in \ aa^ing, that if eirenmatmncea should ultimately ^ ^""t *ho country to take any very at)-ong . and' violent measures, that the union o<' the two provinces appear to me to be the only means of anordinff any probability of siiccefS ; but I have atated in the deapatch which btf been so much complained of, my unwiUinMass to re- commend to Parliament aueh a modiflcetion of the charter granted to the colonies. I atatod that A 1 did not deapftir of the benefita which would ultimately reault from the working of the Bri- tish Constitution in the Canada*, u ider s Gov. ernment pledged to maintain the nehta of the Canadian French, but not to allow the rights of the French Canadiana to interfere with the claims of those Britiah aubjecta who may settle in thoae provincea. One of the principal grie- vancea which the Canadiana complain of,ia to he attributed to the operation of an Act known by the name of the Canadian Tenures Act. That Act was paaaed in the year 1826, and by it Par- liament merely intended to put out ita own con- atruction upon the Act of 1791, and more clear- ly to ahew that the landa erantod in the back sottlementa of Lower Canada, in flree and com- mon aocage, were intended to bear the incidenta of British property, but withou,, iriterfering with the rights of the seigneuries on which they bordered. The Act also contained provi- aiona to enable any aeigneur holding under the Crown, which was the paramount aeigneur of the countrv, who might fbel desirous of relie- ving himself from the burdens of the fbudal sys- tem, to commute his tenure, and take his land in free and common aocage. The Crown by thia sacrificed ita finea, and only exacted the condi. tion, that the aeigneura ahould free their auh.ta. nsuta ftom the burdens from which they would thua be relieved. It was thought hat many s'lgneurs woald be desirous of tutin^ advantage of this permiaaion, for there waa nothing eompul. aory in the Act, aa it would enable them to en. courvge Britiah aettlera upon theiir waata and unoccupied landa. When I atate that thia pro. vision waa only acted on in two or three in. atancea, and that half oftheieigneuriea liflwatta and unoccupied, it cannot be auppoaed that the French inhabitanta have any great caaae for alarm. One of the oomplainta, however, againat the legialative council is, that it refViaed to aanc tion a law which went to deprive tho aeigneara of the power of throwing off the ibttera of the feudal system . When the Committee la appointed, I really hope that it will minutely examine into the alleged grievances which have arisen fVom our supposed interfbreuce with the law of tenure grevailing in Canada; but to shew the House ov.' little cause there is for complaint, I will mention one instance of our interftrence which has been much censured. The aemi. nary of Montreal claimed to hold the aeig. neury of that town f^om the Hospital of Saint Sulpice, at Paris. It maintained over that popu. lous and commercial town all thj righta of the feudal system ; And when I mention that a tax, amounting to one-fiflh, upon every transfer of real pre; erty within the town, is among them, the House may imagine how burdensome that Bvstcm must have been in a rising community. The title of the seminary however, waa doubtful ; and the opinions of the law.officers of the Crown beinp against the seminary, it was detorminad to try the case befbre the provincial courts. The revonuea in question were originally ap- propriated to the conversion of the Indians, but were aflerwada devoted to purpoaea of education. Under the^e circumstances, the Government pro. posed, as a compromise, that the seigniory ahould aurrfaador ita aaaerted aeignorial righta to the Crown, but ahould be guaranteed an amount of revenue equal to what it had derived from tliom upon the average of the laat ten yeara ; and, if any increaae ofrevenae ahonld ariae under the altered tenure, it waa praposedthat it ahould be handed over to the provincial aaaambly, tar the purpoMa of edneation. Thu Crown aaked no advantage fbr itaelf ; hut, having eatablnhed 10 well woajd >r the Bri- ider a Got- ;hU of the le right! of ) with the mty lettla icipal grle- n of.ii to he t known by Act. That d by it Par- ti own con- more clear- in the back e end com- ho incident! rfering with on which ained provi- g under the leigneur of 9US of relie- B fbudal lyi- ike hii land rown by thia I the condi- their lub-te. they would hat many ^ advantage ling compul. them to en- c waate and hat thii pro. at three in- riei lie wait* ■ed that the It eann for ever, agminit lued to Mac- M Migneura itten of the ia appointed, 9zamine into arisen from aw of tenure wthe HouM lomplaint, I interibrence The semi- Id the leig- ital of Saint erthatpopu. rights of the tion that a rery transfer among them, ensome that community, ras doubtfVil ; of the Crown letormined to >urts. >riginally ap- Indians, but 9f education, arnment pro- rniory should ighU to the n amount of lerived from t ten years; td arise under hat it should saambly, tat [Trown asked ; established its right to the seisniory, wished to relieve tho trading town of Montreal from the inconven- iences attendant on feudal tenures. Here, again, I confidently ask the House whether, in the terms offered by the Crown in the object it had in view, or in the mode in which it sought to accomplish that object, any desire was manifest- ed improperly to interfere with the rights, privil- eges, or pretensions of any portion of his Migxs. ty 's subjects 7 Now, I say that, in the case of a colony were the great bulk of the people are of French-Canadian extraction, but where the great mass of the intelligence and property of the coun- try, except that in land, is British — where the British population is hourly increafing, in spite of the enorts of the Legislature to prevent their settlement in the country — where one of the grievances complained of is the sale of a tract of land,intended to promote the settlement and pros- perity of the country, in the same way that the Canada Land Company has so wonderfully pro- moted that of the Upper Province— if, in such a colony, I say, you make the Legislative Council elective by the same body that elects the House of Assembly, you not only abrogate the fnnctir ^ ■ of the executive government, but betray the rights of those British subjects which you are bound to maintain and defend, and which I am not prepar- ed, on the port of the Crown, to surrender to the menaces proceeding f^om any quarter whatever. I am prepared to meet such menaces with con. stitutional resistance, b^^ keeping in the hands of the Crown the nomination certainly, but a nom- ination for life of their legislative eouneil.-whieh, whilst it can pass no laws without the consent of the House of Assembly, — which, whilst it can violate no privileges of the French Canadians, will, as it ought, see that all classes of his Majes- ty's subjects are duly protected in their rights against assaults, ft'om whatever quarter they may proceed. The last charge against the Government is, that out of 314 functionaries employed in the province,only forty-seven are of Canadian extrac- tion. Now this is not the fair way of looking at the question of partiality or impartiality. In tho first place, I say, the Govemment is entitled to select its officers without reference to nation or origin, fi^om among the most able and intelli- i'^ent persons they can find ; but it does so happen that, of the persons born in Canada who are em- ployed by the Government, the majority is of French extinction. It is in the very nature of a colony that the great bulk of the functionaries, as the governor, the custom-house officers, and Others, should be from the mother-country, and they form a most important link in the connex- iou between tlio colr.ij and the mother-country. It accordingly ap[>ears that 125 persons employ- ed in the colony wore born in this country. VVhethiT anyof these were appointed after having made the province of Lower Canada their per- bianont abode. I have no means of judging. Eighty-one wore born in Canada, and of these I find that thirly.one only are of British extraction, while fidy are of BVench-Canadian extraction ; clearly showing that tho latter cannot complain of partiality m favour of the former. Mr ith re- npect to tho Judges, it is true that only three out of the nine or ten are of French origin ; br'. it is not true that the others are unconnected with the province by any ties of residence or property. Not ono of these Judges was sent out from this country. Thoy were all selected from the bar of Canada, where some of them were born, which the others have adopted, anU the laws and institu- tions of which have been their study from early hfii. I believe that I have now gone through as much of the Honourable Crentleman's statement as will enable the House to form an estimate of the nature ef the faets in dispute between us. I am aware that I have done so at great length, and that this is not a aubject of general Interest, but it is one of great importance, and I thought il therefore necessary to state the ciroumatanoes on which I was prepared to rest the defence, not of myself, but of my predecessor, and whiob I am prepared to submit to the investigation of a Committee, only limiting that Committee to a strict inquiry into the matters referred to it. To that Committee I propose to submit every dee- patch which has been written and reeeived, to be investigated, searched into, examined, cross. exanr.*ne(i, ^nd criticised by it. We stand upon our trial ; and all I claim on the part ef the Go- vernment, here and in Canada, is, that that trial should be fViIl, fair, and impartial. There is only one other point upon whieh 1 shall think it necessary to trouble tho House, E.nd that has reference to a finanioal question. By an Act passed in 1831, my Noble Friend sur- rendered to the House of Assembly certain re- venues, upon the fkith thai the House of Assein. biy would make seme permanent provisions for the Judges. The violation of that implied pledge compels me to ask for the assistance cf the House, to relieve the justieiary of Canada from the dependence in wbieh they are placed upon the annual votes of a popular body. Itmstthere. medy I propose does not go beyond the neces- sity of the case. I do not ask the House to overwhrim the Lower Province, by calling in the wealth, weight, and influence of the Upper Province ; but simply that the Act of 1831 should be suspended till the House of Assembly has made some permanent provision for the ju- dicial establishment ; Bnd,as soon as that is done the whole of the revenues, which w vote for the re-union of these provin. ces. There was a petition from Lower Canada signed by 87,000 individuals, containing general allegations of rights, and another from Upper Canada relating to clerical affairs and praying that the revenues set apart for the support of religion might be appropriated not only to clergymen of the Church of England, but to Protestant cler. gymen of every description. These are vii,al questions to our colonial fellow subjects. lam not aware how far their exnrstat'.ons have been realized, and I am, therefore, very happy to find that we are to have a Committee of revision, be. cause it is very important to ascertain how far the wishes of tho colonists have been cemplied with. There is one recommendation of the Committee which I cannot avoid adverting to, as bearing upon a subject which has lately en. gaged some portion of our attention, and which is likely to employ us still further — I allude to the Report of the Committee on the University of the King's College in Upper Canada. They state that the council of the college consists of a chancellor, a president, and seven professors, who must subscribe to the Thirty-nine Articles. The Report goes on to express regret that the institution should be so constituted as to dimi- nish its utility, and to recommend that the pro. fessorships should be open to clergymen of the Church of Scotland, as well as that of England ; and that, therefore, tho religious tests at present required should be very materially altered. The last point to which the Report refers is the legis- lative union between the two provinces,the sever- ance of which the committee state they are not prepared to recommend. Several Honourable Members.— Question ! Question ! Question ! Mr. P. M. Stewart. — I am quite aware that I am trespassing on the time of the House ; but I feel that I have an important duty to perform, and I am anxious to discharge it to the best of my ability. I have already stated my opinion boldly on this point, because I entertain a strong impression, derived from the opinions of those who are most likely to have formed a correct judgment on the question, that no remedy can be so effectual for the evils of Canada as the re. union of the two provinces. I need not refer to the evidence taken at the time of their separation in 1791, because I am persuaded that few Members will deny the power of this House to interfere. When the subject came before Parliament in 1822, the late Sir James Mackintosh, entertain, ing a strong opinion on the subject of the separ. ation, said he was particularly anxious that his opinion with regard to the power of Parliament should be distinctly understood. His own opi. nion was that such a power was inherent in Par- liament by the law and Constitution of England, and that its exercise was perfectly consistent with their dignified and exalted position. What I, in conclusion, say is, that I would do nothing without consulting our fellow-subjects in Cana. da. From the opinions which I have been able to, gather, I believe that the measure may well be'affected with the consent of all those whose opi. ;• iHtMMI hand thii riuM tiMN •!• likclj io to takM by thk Mmrtn. thouf h not. parhHs, ta eaaOy u it uif ht lain bMB don* in 18» i for thra Um people of Up. Mr Canada kft tlio Colonial Offloo to lofialata for them aa it pleaaed. I will juat advert to a oir. Mnatance which ooenrred to me thia morning. We hare heard a great deal of the (rievaneea of the Canadian ooloniea, and have read much con. eeminf them. I am not diapooed to nnderrate thoae icrieTaneea. but I think the manner in whieh their are put forward ia characteriied by a apirit of atUok npon my Right Honourable Friend, the Secretaiy for the Colonioa. In the laat paper ftom Canada which waa pot htto my thia morning. I find a Mr. Vandillot. who ^ „ to arrogate tohimaelfthe whole weight of debate in the Henae of Aaaembly. apeaking thaaofmy Right Honourable Friend:— "Mr. Stanley ia the ataunch adToeate of a monarch!, eal government. In the time of the Houae of Stuart, thoae who maintained the monarohioal power, loat their heada on the wsaffold.*' With, out venturing to trouble the Houae further, I bag Juat to obaerve that there ia nothing whieh I would not do in order to re-unite the people of the Canadian eoloniea with thia country, and with one another. In giving my aaaent to the appointment of a Committee, I ahould be deceiv. ing the Houae if I did not ezpreaa thia to be my fteling : — give the people unity — aooner or later it muat come,— .give them unity, and with that cive them peace and concord among themaelvea ; for that ia the onlv way to enable them to reaiat their enemiea both at home and abroad, whoae purpoae ia to weaken, and finally aeparate the oonnezion of our Canadian atatea with thia eonnlry. Mr. RoiBucK. — I claim the indulgence of the Honae, while I endeavour to anawer one or two obaervationa which have fallen from the Right Honourable Secretary for the Coloniea. He haa charged the House of Aaaembly with not having paiaed an Act for granting a sum of money, aecordiog to the pledge they had given. Now, it was understood that the Judges were to be made independent of the Crown, in return for which the House of Assembly waa to do certain acts. But what is the fact? The Judges remain still dependant on the Crown : the Government, therefore, have not fulfilled their pledge ; and consequently, if there has been any breach of faith, it has been on the part of the Government, and not of the House of Assembly- The Right Honorable Gentleman sayu, that the Executive Council has been altered ; but I protest against the statement of an^ such thing having taken place. The majority of the Council is still Buch aa it waa before. Now, the people of Ca. nada are a aagacious people, and are not to be impoaed upon by such pretences as those that are attempted to be passed upon them. They see that the Legislative Council is precisely the same aa it waa before the alteration was pretend, ed to be made. So completely persuaded are the people of Lower Canada of that fact, that the minority of that branch of the Legislature there, have actually acceded from the House, becauae they feel that they are totally incapable of doing any good by attending it. But there is one matter to which the Right Honorable Gentleman haa alluded, upon which I omitted te make observations I intended to have aubmitted to the House in my first address. I had intended to rofor to the difference in Ian. guase and in religion which ezista more partic ularly in Lower Canada : but I had intended to go into those matters in a very different manner Unoi what tiM llgkl oial body in Canada hava endeavoured to eivato an English aa oppoaed to a Frwkeh party. It ia they who, in order to atrengthen thair own handa, have endeavoured, in private aa wall u» public lift, in the Lagialature. ay, and avan faa the CourU of Juatica, to introduce thia eauoa of jarring diaoord, of vulgar, and thenfora of bitter animosity. The Judgea have endaa. voured to put down the uae of the Franoh language in the Courta of Juatiee, and have only been prevented doing so, beoaoM tba indignation of the people would not saflbr it to be done with impunity. Now. in a country composed of 500,000 Fnneh Canadians and of 70,000 Engliah, it is aomewhat too much to aay that the Engliah language, which ia not under- atood by five.aixtha of the population, ahall ba the only language uaed in the courta of joatiea. But here. Sir, in the disehargeof i great duty, I aolemnly charge the Executive Govemmant, for the laat twenty years, with diagraoaftilly and corruptly endeavouring to create and porpatoata national diacord and religioua hatred among His Majeaty'a Canadian aubjecta, to aarvo their own private and paltrv purposes. It is now aoan and known that the French Canadians ara ena and all excluded from the society of tha CMt. teau; every mark of degradation is oast jipon them, and it ia endeavoured to make them feal that they are, in all reapects, an inferior elaaa. The people have a right to feel and expraas their indignation at thia attempt to degrade tharo. and they do feel and expreaa it. It ia the Exe. cutive, and the Executive alone, by whom thia attempt ia made. The Right Hon. Gentleman aaya. that it is a feeling of prejudice which prevents the House of Assembly from paaaing certain acts ; but does he not know that it ia by the acts of the Execu. tive that that feeling ia produced 7 I know that preference is shewn by the Governor there to the English, and the members of the Protestant religion, while ihe most vexatious conduct ia ah- served towards the French Canadiana and tha Catholica : and will any one say that nothing is done by the Executive to make the people jeal. ous ? They are jealous, and have a right to iia so. For myself, I would not consent to surrea. der one iota of power I poasesaed, were I a Ca. nadian, until I had obtained some aaauranea that my religion should not be made a matter of olb jection to me as a member of the state. But there is thia curse attending all religious aata. blishments. This country haa tried to eatabliab an English national church in the Canadaa; wnile in Lower Canada the people are almoat all Catholics, and in Upper Canada are nearly all Disjenters. The Government wish to set up a religion in Canada of which the people know nothing, and care nothing; or respecting which, if they have any feeling at all, it is in hostility towards it. I say, therefore, that the people have acted wisely in refusing to adopt the mea. sures which have been proposed to them ; and. until they have some assurance that no diatinc. tion shall exist on account of religion. I hope they will hold on in their opposition to aneb proposals. As to matters of finance, I beg to ask, whether the House of Assembly have not been refused those documents to which they have a right? They have been refused, and. what is more, they will be refused. Mr. Secretary Stanlet. — No. Mr. Roebuck — I am happy to hear the Right Honourable Gentleman say so. I hope all thvi documents relating to the colony will bo tran> D i Jf i K \ totWColMW UgMitaM hf tlwOtvMiuMiit w|liao»t> n 4w— i Om woid with to Oil ffigkll vf tiw pMi^ to ewtrol tluir owa MihaUhaT* I IwT* doa*. I fiod oarUiB pHmm^tKf tmdy to Mgo* to ftvoor of aa »b- 4iMl priMiflM af riclu, bat wb* »f* •!«[/■ totkifM pcrttoolar prMttoal MMpttona. Tm |JfhtH to — atrol tha «f iba soaotiy i b«t thaa ha ooatoada that than am oaftato miaaaaB. whioh balooj|totha Crowa, •tar wWeh th« faopla ha«« no nght of ooatrol whatoiar. Now^ I want to kaow what an thoaa layaaaaa 7 Ara th^ aot darivad frooi tha pao< ^ t b tt aot tha oaoaay paid bj tha yaopia 7 Tha Bta!>t MoBoaiabla Gaatbinaa ahakaa aia haad i but I ■•* that it ia, aad noat ba ao. Caa tha Crowa dama a lavoooa withoot labour, aad tba Cfawa haa ao prodoottva labour 7 Call it a tai) oall it iavaaaa,ar what yoa will, it ia aMaay paid by tho pao^i and otor wbioh, thaiaforo, th^havaaaandoabtad right of ooatroL I bag Itava, Sir, to withdraw ay uMlioa. ;. Tba a ia a a daw n t a^ origiaal ootMawaM ttaa, by laata, withdiawa. Mr. Saerataif SraiuAr.— I aaw BMvat Sir, thrt a CMaoi Coomittaa ba aippoialad to inqoira •■d laport to tbia Hooaa, bow far tha griavaa. caaooBM l aiaad ofin tha Toar 1828, on the part af oartun iahabitaBta of Lo^ar CMiada, uva haott ri d tani d . aad tha faoomaiaadatioaa of the I of thia Hooaa whioh aat tharaupoa ; with oo tha putt of Hit Miyaaty's Gor. ooi^daritaB ofthia Uoaao, h^owaatMlk U» laaoMtiona of tha tfowaa of AawmHy of Lawar Ckaada, ia tha yraaaat Saaaioa. aad to nport thair opiniona tharaopon to tha HowO'— Tna aanwa whiah I hava aaloatod to (erm thif Committaa, inolada thoaa of aoeb GtoatlanNa^ now Membara of thia Hooaa, ja waio Manhob of tha Committoa ia 1H8. "na/ m. Mr. la. orataiy Stanlay, Mr. Soabnok, Mr. FnuikUa4 tawia, Mr. WlUiaaia Wynn, Mr. Bfolyn |>a|il. ■oa, Mr. L«Mh, Mr. Fuidiarlay, Laid viaoooat Sandon, Mr. Labooohara, Sir JaoMa Gnkmi Mr. Goalbarn, Lord Viaooaat Howkk, Mr. Alazander Baring. Mr. £ltioa, Mr. Hajna, fit. 0*ConaaIl, Mr. Habart Giaat, Sir Matthaw Whito Kdlay, Mr. Bonhara Carter, Sir Haaty Hardinga, Mr. Hanry Lyttoa Bolwar, Mr. Warra, Sir Oaorga Orayk Mr. Warburton, XIr» Patrick Stewart, Mr. Oliphaat, Mr. Edward Stewart, and Mr. Rooilly. Mr. HoMB. — I nnat bag that nrr aaaia may b» withdrawn. It ia aot fbr want or aay good wiU towarda tha ioqoiry that I naka thia raq m aa t t bat aa I am alraady oa aavan Cofflmittaaa,itwill bo impoaaibla fbr ma, if I ba appoiatad,toattaad thif. Mr. Saerataiy SrAWurd— Than X b^ to aih- ■titate tba nana of Mr. Sobiaaon for that of tba HoaooraUe Mambar for Midlaaaa». Tha motioa, aa a ma ndad, wap than agraad tOt and power givaa to Mnd for paraoaa* ffUK and racorda i five to ba tha ^UNnua. '.^ til,- •iultlbiv - '•'■> '^U ,!'.l a idK '■'• .' '■■-.O t r\l ■ t.»,^:- j'.'K iy »^.t.c;. s-M't ,« r* V';- ■'V^-^^1. ■all • .!•«{ «^ ■oUI - O /ft. -tint ■ '»i»-ili? ryll 'to .eai^^ *'1S'' ■ ^ '^'' ''' '■'^•'I'X*^ ■•'■'J'' » ii^i. .'..lira's- sri -5/ ^«» A ■,.-, y J " > '■■ittiJC^ d to form U49 oh OaatiMpta^ w«M Manhni tfr. tVanUiwi fivcljn Ptiii. Lord Viteooat amM UnhMi, Howkkt Mr. fr. HaiM, lit. 8ir MattlMW «r. Sir Hwny Bolw«r, Mr. ITarlmlon, Mr» . Mr. EdvMd ITIUUfMIIWyb* r«B]rc«odwift «tlM nmMkt nvAUamMmm intoditotttoal nlb^to nbk m f«r tlwt of JtMiaglMd tok ■«ll. at i»V «*W Ssl ?■> fyft 1- 5V i ..: I