IMAGE EVALUATION TEST TARGET (MT-3) 1.0 V^ ^ lit itt I.I 11.25 I 2.0 Hi0bgFa{^c Sciences CorpQration 4is ^^ ^\. ^r\\ 23 WIST MAIN STRUT WIBSTiR,N.Y. MS80 (71«)S72-4S03 '4«^ 6 CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian da microraproductions historiquas Tachnical and BibNogrtphio Hot— /Not— taehniqiMS at bibliographiquM Tha Inatituta haa attamptad ta obtain tha baat original copy avaiiabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha uaual mathod of filming, ara chackaid balow. □ Colourad covara/ Couvartura da coulaur r~n Covara damtijad/ D D D D D Couvartura andommagia Covara raatorad and/or laminatad/ Couvartura raataurAa at/ou pallicuMa r~1 Covor titia miaaing/ La titra da couvartura manqua r~n Colourad mapa/ Cartaa giographiquaa on coulaur Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) r~n Colourad plataa and/or illuatrationa/ Planchaa at/ou illuatrationa on coulaur Bound with othar matariai/ RalM avac d'autraa documanta Tight binding may cauaa thadowa or diatortion along intarior margin/ La ro liura sarria paut cautar da I'ombra ou da la diator ato n la long da la marga inlAriaura Blank laavaa addad during raatoration may appaar within tha taxt. Whanavar poaaibla. thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa blanchaa ajoutiaa lora d'una raatauration apparaiaaant dana la taxta. mala, loraqua cala Malt poaaibla, caa pagaa n'ont paa *t* filmtea. L'Inatitut a microfilm* la maillaur axamplaira qu'il lui a 4t* poaaibla da — procurer. Laa dAtaiia da cat axamplaira qui aont paut-itra uniquaa du point da vua bibllographiqua. qui pauvant modif iar una imaga raproduita, ou qui pauvant axigar una modification dana la mAthoda normaia da fiimaga aont indlquAa cl-daaaoua. T* to I — I Colourad pagaa/ D D D Pagaa da coulaur Pagaa damagad/ Pagaa andommagiaa Pagaa raatorad and/or laminatad/ Pagaa raatauriaa at/ou palliculAaa ,| Pagaa diacolourad, stainad or foxad/ iLi Pagas dicoloriaa. tachatAaa ou plquies T» P< of fli Oi b< th ah 01 fit al( Of Pagaa datachad/ Pagaa d*tach*aa Showthrough/ Tranaparanca |~n Quality of print variaa/ Qualiti inigala da i'impraaaion Includaa aupplamantary matariai/ Comprand du matirial auppMmantaira Only adition avaiiabia/ Saula Mition diaponibia Tl a» Tl M d» b« ri| ra m Pagaa wholly or partially obacurad by errata alipa. tiaauaa, ate. hava baan refilmad to anaura tha baat poaaibla imaga/ Laa pagaa totalamant ou partiallamant obacurciaa par un fauiilat d'arrata. una palura. ate. ont At* filmiaa * nouvaau da fapon * obtanir la maillaura imaga poaaibla. Additional commanta:/ Commantairaa tuppiimantairaa; Paginatkm as folkMvs : [2M] • 318. [1] p. Thia Itam ia filmed at tha reduction ratio checked below/ Ce document eat film* au taux da r*duction indiqu* ci'deaaoua. 10X 14X 18X 22X 2SX aox y 12X ItX aox 24X 28X 32X TIm eopy fllm«d her* hat b««n raproduo«d thanks to th« ganarosity of: L'axamplaira fHmA fut raproduit griea A la ginAroiitA da: UgMaturt du QuMmw Ugislatura du Qirflwe quality laglbHIty Tha imagaa ap pa a ring hara ara tha poaalMa conaMarlng tha condition of tha original copy and In kaaping filming contract ipnciflcatlona. Original coplaa In printad papar covars a«a fRmad baglnning with tha front cover and anding on tlM last paga with a printad or llluatratad Improo- tion, or tha back cover whan appropriate. All othar original coplaa ara fHmad baglnning on tlia first paga with a printad or Hluatratad Impraa- slon, and anding on tiM last paga whh a printad or illiistratad Imprsasion. Laa imagaa suhMiitas ont AtA raproduitaa avae la plus grand sdn, compta tanu da la condition at da la nattatA da raxamplalra fUmA, at an conformltA avac las conditions du contrat da fllnuiga. Laa axamplalraa originaux dont la couvartura an paplar sat ImprimAa sont fllmAs sn commandant par la pramiar plat at mn tarminant soit par la damlAra paga qui eomporta una amprainta d'imprsssion ou dlHustration, soit par la second plat, s s i on la caa. Tous lea autraa exemplalras originsux sont fllmAs sn eommen^ant par la premlAre pege qui comporte une emprelnte dimpreesion ou dlHustration at an tarminent par la damlAre paga qui comporte une telle The lest recorded frame on each shall contain tlie symbol ^m TINUEO"). or the symbol T (meening whichever epplies. CON- "END"», Un dss symbolee suhronts spperaftra sur la da m lAre imege do dieque microflclie, selon le cas: le symbole -»• signifle "A 8UIVRE". le symbde ▼ signifis "FIN". Mspe, ptaitee. cherts, etc.. mey be filmed et different reduction retkM. Those toe lerge to be entirely included in one expoeure ere filmed beginning in the upper left hend comer, left to right ond top to bottom, es meny framee as required. The following diagrams Illustrate the method: planclies. tableaux, etc.. peuvem Atre fllmAe A dee taux da rAduetion diff Arants. Lorsqua le documem eet trop grand pour Atre reprodult en un soul cllchA, II est fllmA A partir da I'angle supArieur gauche, do gauche A droite. et do heut en bas. sn prenent le nombre d'imegee nAceeseire. Lee diogrammea suhMnts illustrsnt la mAthode. 32X 1 2 3 1 2 3 A 5 6 arr.'v.: ^.■i'» .-■■;/ ADMtNlirtRATlON aw THE HONORABLE mSL FRANCIS N. BURTt>N> G. CM. CHAPTER XVII. igiR FRANCI3 N. BURTON Imd before bis tempop. ^W* J3l rary assuinptkm of the goYeromeoV been ^ifsiJrSLv enoofb in Ltwer Canada to becooie per^onitlly msf^inti- ^^^^^^ ed witb movfcof tbose actively engage^ in publk afiSlir8»^Junej 1884. and possessed a full Icnowledge oitiiepicniits indi8Ctti8'9tt bofoie the Legislaturet He was sensiUe of the difficulties that sun^ounded him in the administration of the government^ but he eiitertained a hope, that a middle and conciliating course' mMit bring round an understanding, and lead to sot a^stment of the matters in dispute without the inter*^ pofitloB of ^e British Parliament. He was believed to be averse to tbe intiended Union as au impolitic and oil? necessary measure, and to entertoin an opinicm that the; Province was actuated by a sincere desire and fully ca- . pable liriI>WMiMlliTll]i'fitt» -J Obap. xvn. tm. am AMUMiftHATioir or ^ I iball -wMi M little ^ay as oonHile, mm% to be laid iMibre yoa, an oeoovat of the Piwdncial Rerenue of tin Grown, «mI of the ExpeMKture of the Uvil Establish^ nent 4iiuing the lait year, acoonifanied by anch S(ale<»> mentsand Retunw as wHI enable you to judge of the resources of Uik risiag Cokmy, and of the means wMeh It possesses to provide for the Civil Expenditure of the Flwvincial Government, and to promote Internal Im* pfovement, without Che Imposition of Duties upon its Conuneroe or its Industry to an extent that can be felt as a bunlien l^ its Inhabitants. ^Gentlemen of the Legislative Ckmncily t€ Gentlemen of the House of Assembly, ** Persuaded as I am of your devotion to ^ best of Sovereigns, and of your earnest denre to promote the general welfare of your fellow subjects, for whom you are called to legislate, I cannot but anticipate the most beneidal results from your proceeding?. '* Although enteriag for the first time on the Adminisi tration o£ the Government, I have resided long enough ill the Province to become personally acquahited with hiostof you, and it aifoixis me the highest gratification to declare that 1 have not in any part of the King's Bominions, remarked a firmer attachment to His Ma- jesty's Person imd Govo'nroent than I Imve observed in you individaally ; I have therefore tlie best ground to r«1y upon your 4so\^etxve exertions. I trust Gentlemen, that you will cordially unite for the purpose of dekig away any difficulties which may heretofore have arisen, and for preventing %y an amicable arrangement of the Financial Concerns of this Province, the recurrence of such difficulties in future. ^ The abundance of the late Harvest, and the increa- i4n|^ prosperity of tiie Province, are subjects of heartfelt congratuhftion to us all ; a state of gi^atn* tranquiHity eamiot well be ima«|«ined than that which we now enjoy ^ and both the kind Dispensatmns of Pitovklence, and the felterinf 'CM solutwns of the Assembly, in the last Session, relating to ^^^'^' that Gentleman, was laid before the House, a day or two after the opening of the Session.* ^9kt • " LoMDOV, lltb Augmt UM. ** I have the honor to acknowledce iroiir Letter of the tweo, in my opinion, re* qnlrea that the deliberate opinien ef the BMrt ■■meroiii ae well at the more rfipectable ciaMeiof the Canadian commnnity ahould be treated with the otmoai regard. I thall not in anch a case be easily convinred that wimt it repngMnt to their wiebet ahould be conducive to their iotercals. ** With these principlet. Sir, I need not annre yon and the Aasembly, that! ah*ll«oatiaue to act in Parliament on this anbject aa I have done. I thon|hi it my duty to waich dwiag ike laat Sesaioa, tn those aMaas' » .■ ralatiog to Canada, which It was reported - neni to introduce. I delayed this anawer till the cioaa af the Seaaioa tmi terminaled «U anziaiy aa that head, ftumaurs of a IUm aort ape still cir- culatad respecting the neit Session. ** The House of Assembly seem to be aware (Iml an Individoal Member if parliament net clothed with any pu1>lic character by the Assemblv or even by the mere considerable Inhatitanta. cannot spealt or act w4tn the SMMwrtxht'aBdeffBctasiriK was the Agent af the Proviaee or of the A'Siembly. If the same unfartanate circumstanecs should atHI coaiinae to Eretvottlie fermM appointmeat of an Agent, the Memlieraef the Asaem- Iv may perhaps devise some means of arming the individual whom they wisb to act for them, with such proofh of their ronfidence as may i»e as nearly eqttl vaient to formal agency at the ritnatlon of the Province will allow. *** lliave ^mraranieated the Resoltrtions of the Assembly to the ether Men^bera of Parliamant who joined with me in eppesition to the campwl- aery Union of the Canadas, and they bofve desired me to convey to the Asaemblyi (lirougb yon, their tfaaaiufor the honor which has been done to aoi ADMIlrilTftATION OV Chap. ^ motion wm made early In the ScMion for the sp- XVII* pointment of a Committee of five memben, to eontidcr %^^iyi^/ of and report as toon at poaeible such plan or method aa « fine might be bett adapted to the purpose of giving publicity ^^* to the proceedings of the House, in addition to the usual publications of the Journals. This motion was unani- mously rqected as unparliamentary, after a short debate. A Bill was passed during the Session by the Assembly for the appointment of an Agent in the United Kingdom, iftnt, kc. ))|]t j|(i not receive the sanction of the Legislative Coun- cil. Messieurs Papineau and Neilson laid before the Assembly copy of a letter they had, while in England with the Petitions against the proposed Union of the Canadas, addressed to the under Secretary of State for the Colonial Department R. Wilmot, Esqr. " We have," said they, in this document, which entering into a variety of details is too voluminous for insertion here — *' heard indeed in the Colonies, motives alleged for changes in the Constitution of Lower Canada, but as they bear the character of party, of prejudice, and even hatred of the Inhabitants of that Province, they never can be supposed to influence the British Government. There, appeals ** I beg that joa will aeeept my tlwDki for tke obliglnK naaMr ^m wklcb yoa have traniaitted to me the llcMlBliont of tbe Aiaembly. *• I have the honor to be "Sir, ** Your obliged and failhfal humble Scr? ant, «J. MACKINTOSH. «< J. R. VaUiAret do St. R«al, EMulra/ Speaker of tbe Honte of Aiiembly oi" Lower Canada, Quebec." (The following are the reaolntloM alladed to in tbe abo? e letter.) Rbsoltbd, That tbe Ihankeof thii House be given to Sir Jamet Mack* Intoih, and the other Members of Parliament, who, Infloenced by a lenie of Juttire and their attachmeni to tbe princlplee of tbe Brliith ConMitatioa •uccef ded in perenadiag Hie Majeety^e Miniateie to relingnith their aop* Sort of a Bill introduced in tiM Houte of Commonain one tbouiand eint nndrrd and twenlv-two, for altering the cilablithed Conttltulion of we Canadaf, eotU tucb time at the Inhabitante of ihe Provlncae could have an opportunity uf making known their lentimeBts ihcreoo. Rbmltbd, That the precedjog and present Resolntiom, signed by MrJ Speaker, be trantmltted by him to Sir James Mackintosh, requesting him tu communicate tbe lame to the other Members of Parliament who serond> ed his generous efforts on the aforemeniioned occasion i and also seeing tbe obstncles which have for the last srventeen years prevented the Legis« lalure of this Province from obtainiag an auihorised Agent in England, to watch o«er the interesis of this Province, requesting Sir James to con- tinue, as a Member of Parliament, those services which have rendered his name so justly dear to the Inhabitants of both Provinces. i filR FnAHCtM N. Buft^N. » lwv« .VI Chav. XVU. have been made to the right of conquest agalntt a people who have been for two generationa native born British subjects; foreign attachments and feelings have been asserted to those who have twice voluntarilv hazarded iqak their lives and fortunes to preserve their allegiance to ' the British Crown. No calumny, no misrepresentation has been spared against those who have uniformly walk- ed in the path of honor and of duty, and who, if they were unfortunately torn from that allegiance which con- nects them with the British Empire, could not fail to per- ceive that natives and inhabitants of North America, they would partake in its fortunes." — ^Without ques- tioning the above, in the whole or in part, was the mind which indicted the same, itself wholly free of the gross impurities it imputes to an adverse party ? Mr. Uniacke, representing the Borough of William Henry, and His Miyesty's Attorney General for the Pro- Mr. Uniackt. vince, was in the course of the Session, removed from his situation and promoted much against his wish, to the Bench, to make room for Mr. James Stuart, who as pre- viously mentioned had taken an active part towards pro- moting the intended Union, and had more than once gone to England for the purpose. The Lieutenant Go- vernor informed the House by message of Mr. Uniacke's promotion, which, it seems was by command to that effect from the Minister, and his seat was accordingly vacated. This Gentleman had acquired the esteem of the Members during the short time he had a seat in the Assembly, and his removal from it, was very generally regretted by them. Mr. ' Stuart also succeeded him as Member for the Borough he had represented. The independence of the Judges occupied the attention of the Assembly, and in connection with the subject, Judgei, ftc. they took into consideration the expedience of establish- ing a tribunal " to adjudge the impeachments which might be brought by the Assembly of the Province against public Amctionaries," and it was resolved by the iUsembly " that this tribunal be the Legislative Council in conformity to the despatch of the Right Honorable Earl Bathurst, to His Excellency Sir Johu Coape Sher- brooke. Governor in Chief of this Province, dated the 7th July 1817." It was also resolved "that for the more upright and impartial administration of Justice, it is expedient to render the Judges of His Majes^'a ^mr^ CflwieiK Mitf 4iM|Mlifyiiif mmh m wm htm mm ^^""^ tberain from tlttlBg or vnttag In moli'CoiuicUt." SW tiMte MNrpMM it wa»retoln4 to kv '' fXfMiteol to M9«vc» byJUnr totii»MiAJndgtt> ibtkrii i i et fait »ft* To this application the Lieutenant Governor verbally replied to the Miessengers, that he would send an answer by Message. Accordingly, in a few days aftJeN wards. His Excellency informed the House by Mesisage, diat he regretted^ the despatch alluded to being strictly confidential, he coUld not consider himself at liberty to make any mrther communication, than wa^ at the time, made by the then Governor in Chief. The Lieutenant Governor sent down the Estimati^ oir the expenses of the Civil Government for the current year, on the iBth February, to the Assembly. It was in a shape different from that of the former Sessions, the distinction between the permanent and local classes 6F officers being omitted. The fund^ previously by law appropriated towards the support of the Civil Govern - iuent, were estimated at jB40,545 15 10 currency, and an aid of £t3 1,456 6 currency, was called for, as neces- sary to meet the current expenditure of the year ; h deficiency for which His Excellency said he relied upon Ine zeal and loyalty of the Assembly to provide. The form in which the Estimate was submitted tr> the Assembly was gratifying to the body, as it seemed to be a relinquishment of the distinction previously drawn, and a tacit admission that the application of the appro- priated fund, was now ekerciseable, and this annually in future, by the Assembly, the point which all along they had in view, and aimed to carry with respect to the Civil List. It was therefore the subject of much congratulation among those who had recommended perseverance in the policy espoused in this matter by Sir Francis N. Burton. > T, f , • -•-. , . : • r f 1 3 ?!^ ^ticed) than to relinquish or compromise in the least, the exclusive right and conti'oul of the Govern- p^nt over the appropriated fund^ by law vested in the Crown towards the support of the Civil Government. 183^. The Assembly, before entering upon the Estimate, l^e day after it was sent down, resolved upon an Address, praying. His Excellency would '*be pleased to cause to Addressee re- be laid before this House, copies of such parts of the SlVc.^"" despatches from His Majesty's Ministers as contain the royal commands, to call upon the House to make a proper and permanent provision for the necessary ex- penses of the Civil Government of this Province, as communicated by His Excellency the Governor in Chief, in his Speech to bpth Houses of the Legislature, on opening the Session of the Provincial Parliament, oh the 16tb day of December, 1830; and the further recommendation of His Majesty, that such provision as may appear necessary for that purpose, should be granted permanently during His Majesty's life, as com- municated by His Excellency the Governor in Chief, in his Speech to both Houses of the Legislature on opening the Session of the Provincial Parliament, on the 1 1th December, 1821 ; and of such olber royal instructions, Relative thereto, as may have been received by His Majesty's Government in this Province." The Assembly, at the same time, presented another Address, praying His Excellency would " be pleased to cause to be laid before the House, such communication as may have been received from HisMajestv's Ministers, on the subject of the Humble Address of tfiis House, to His Majesty, of the 21st January, 1822, relative to the demand of a permanent Civil List, during His Majesty's life." A Message from the Lieutenant Governor, was sent a few days afterwards to the Assembly, expressing his ^' regret that he had to state, in answer to these Ad- dresses, that after the most diligent search, no instruc- tions containing the royal command, to call upon the House of Assembly to make a proper and permanent Answer. 310 Administration of Chap. XVII. 1825. provision for the necessary expenses of tlie Civil Govern- ment, was to be found in the Office of the Governor's Secretary, and that he was consequently led to conclude that the despatch containing such instructions, had been carried home by His Excellency the Governor in Chief, with other papers likely to be useful in any deliberation with His Majesty's Ministers, respecting the Government of this Province." He further informed the House '' that no answer could be traced to the Address of the Assembly, to His Majesty of the 21st January, 1822, relative to the demand of a permanent Civil List, during His Majesty's life." From these answers it was hastily inferred that the call by the Governor in Chief for a permanent appropri- ation in aid of the funds for the support of the Civil Government of the Province, was unauthorised by the Minister, and that the two classes of officers, as recently established under the denomination of permanent and local, were the mere result of the policy of the Provin- cial Government, in order to establish a privilege in behalf of a favored few, in immediate connection with the Head of the Executive. The Assembly on going into the subject, did not think proper to confine themselves to a mere vote of supply, out of the unappropriated funds at their disposal, of the sum called for by the Lieutenant Governor, but went regularly through the whole Civil List, in order to dis- pose of and vote the application of the appropriated monies, before entering upon the vote in aid of them, out of the former. Certain unpopular offices were wholly passed over, in order that not being included in the votes for the year, they might thereby be understood as suppressed and abolished. The entire sum at which the Civil List expense had been estimated for the year was £65,001 17 8 Sterling, including £200 for a Private Secretary, (Mr. Cochran the Civil Secretary being in England with the Governor . in Chief,*) of which the Assembly voted £58,074 2 11. * Mr. Cochran who had been Civil Secretary during Sir John C. Sher- broolte'ii adminiitration, acain came into thai office upon the retirement from it of Colenel Ready, fn June 1833. i T T' Sir Francis N. Burton. 311 could His the His I + Between this sum in addition to tliat of £3,537 5 pre- viously provided for by special -appropriations^ there re- mained a deficiency of £3,390 13 9 short of the sum required. This was occasioned by the omission of certain offices from the votes of appropriation for the year, with an intention to their abolishment as mentioned above.* Chap. XVII. 1825. Although the Assembly had thought it necessary to make reductions upon the Estimate submitted to them they were extremely desirous of devising a bill that ^'" of Supply might cover their own pretensions, without seeming to intrench upon the rights of the Crown over the appro- priated revenue. They had at previous Sessions sent up Bills of Supply, providing by items and chapters, for the Civil Expenditure, but these instead of ofiermg a permanent provision as required, assumed an annual controul and disposal of those monies already perma- nently appropriated for the purpose and went to dis- possess the Crown, of its ancient and hereditary revenue in the Province in a positive and direct manner, tender- ing the supply in aid of the appropriated fund on terms alien to the constitution and wholly inadmissible. The Assembly were studious in maintaining their pretensions to this controul over the total expenditure, including the appropriated as well as unappropriated monies, but although extremely jealous on this point and anxious to encompass their object, yet were they equally so to send up a Bill to the Legislative Council divested of those specific restrictions which had occasioned the rejection of those formerly sent thither. The Executive were not less tenacious with respect to the rights of the Crown over the appropriated fund. The matter was one of nicety, and difficit It of adjustment, and much attention from a Very early period of the ses- sion was bestowed upon it. Several draughts of bills on the subject, were prepared, and exchanged among Members in the Assembly, especially those supposed to * Among the omisBiont were the following, vizi :— Lieut. Governor of G«sp6 J^SOO Agent In London 200 French Translator to Government S(K) Chairman Board of Audit 400 Secretary to the same 182 10 Advocate General ... 200 Thia accounts for an much of the deficiency— the rest consisted of • imall pension, some ioconsiderable offices and contingencies. f im. m ADMINISTRATION or Chap ^^ ^^ confidence of the a4inifiist^^tju)^. Thf^t ^hich Y^* WM» ^n^ly agreed upon, as best adapted to reconcile t^e * (Boiiflicting opinions entertained on the subject, limited t^^e total amount of the expenditure for the year, includ- ing the appropriated revenue, without howeyer making any mention of the particular manner in which that amount was to be applied. It also admitted the exis- tence of the previous appropriation by law.* The Bill ^as in fact free of the apparent restrictions which ha;d <* The Bill passed on the occasion, without specifying any of the con4i- lions or restrictions which in some Instances accompanied lh.e votes, simply enaeted (as it stands on the Statute Buoic,} " that in addition to the 4* revenues appropriated for defraying the eipenses of the admini! ** neat of this Province and of the administration of Justice therein, and ** tlie other expenses* for the said year, commencing the first day of No- ••(TCqiber 18S4, and ending the tbirty>first day of October 1825." Lord Batburst, the Colonial Minister, expressed his disapproOatlon of the bill. The objections seem less to the bill itself, which only purports to limit the expenditure for the year, including the appropriated fund, than to the pre> tenslonf raised by the Assembly in connection with ir. This body in (heir votes decidedly assomed the disposal uf that fund, but without specifying itese votes in the bill which would have occasioned its rejection by the L. Council, nevertheless pretend that ihelBxecutive was implicitly to be guid- ed by then in the application of the gross sum voted for the year. An absu- Into refusal of an aid the ensuing year it was said would be the result of anv deviation from them. The disposal of the permanent fund exclusively belonging to the Crown, and applicable by it towards the support of the Civil Government, would therefore in this way devolve annually upon the Ass^m- bly« which in supplying the aid, also controul and dictate, not by ilie bill, Ibut in this indirect though not less effectual manner, the application of 'the revenue previously appropriated— a system if admitted in practice tbat would leave the Executive no nllernaiive between implicit acquiencence In the annual votes of the Assembly, and the danger of a renewal of niisun* derttandings on the subject every year. The application of the permanent revenue pursuant to the annual dictate of the Assembly in the assumed dis- posal of it, precludes every notion of exclusive right in ihe Crown to the entire controul and application of that fund, as well as of a permanent Civil List, permanent Salaries, independence of Judges and other Civil Officers. Divested of these pretensions reserved by the Assembly, and annually to be revived and acted upon, the Bill possibly might have been unobjeciionable. The aid granted by it, is an uncertain sum, depending upon the amount of the appropriated! revenue for ihe year. That aid con- riaiaoftbe balance there may have been bet ween the amount of this reveiiMe for the year 1825 and the sum specified in the Bill. As to the permanent revenue in question, it seems by the concurrent opinions of the betituted by that revenue. The one may Just as well be disputed as the other. It rests upon the rights of the King of France in the Colony while under the French Crown— the conouest and capitulations of Quebec and Montreal— the subsequent treaty of 1763, and finally an act of the British Parliament in the year 1774 undisturbed by the Isth Geo. III. ch. 13, but fully recognized by recent Acts, as well of this Legislature nf this Province as of the Imperial Farlianent,— see Sd Geo. iV. ch. 119 or Canada Tradt Jet. Sir ^RAiifcis ^. fibiifoN. m ch eq id. (t CiiAp. XVI!. 182d. dcctisidiied the Ios6 of tbode sent tip in former yean to the Legisi&tivig Council, nor was any mehtion oir allU- sToh ihadd in it to the redu^tidtls ihtended by the A^fii- bly. It was, however, understood and insisted lipdh ill debate in tlie Assembly, thf^; the Executive were bound tb look io th^ journals of that Hotise and to be guided by its votes, in the apt>li^atiOn of the sUth mentioned iii the Bill, and tliat a failure Strictly to comply with thesis would be a suiSicient and legitimate reason wholly to refuse a supply the ensuing year. No formal address upon the subject of tho reductions intended, or with i^- pect to the application Of the sum Voted for the year, was, however, sent to th^ Lieiltenant GoverUot'. He consequently by assenting to tlie Bill was in no respect pledged tO the obs^rvancb Of any uudcrstaiidihg wbitth the 'Assembly may have thought proper to imply in tho Sassihg of it, although he might as matter of policy , eem it expedient to look into the Journals Of that JEIouse in Order to take its sense ^hd be gtiided in the applicatioh of the siiih mentiohbd in the Bill, and at hid disposition but ivithout any othbr restriction than that it should be applied to defrt^ the expenses of the Civil Go- vernment and administration of Justice for the current year. Debates io lh« Some debates occurred in the Assembly on the form of 5;5*Bin*Jf°" the Bill, ^ich it Waft observed would if passed as pro- Supply, posed, be considered sis a relinquishment by the Assem^ bly of their pretensions to the controul and disposal of the whole i'eVenue, and of the restrictions under which certain itetns had been voted by the House. This ob- jection and others in connection with the subject^ parti- cularly that the executive might not think it necessary to pay attention t6 the proposed reductions as unnoticed in the Bill, were met by the new doctrine that the votes of the House on the Civil Expenditure, as placed on the journals of the Assembly, were tantamount to a law to which the Executive were to look and be bound at the hazard of a refusal of the Supply at the next Session. The majority taking tlie matter in this light, the Bill met with little opposition, (twenty for, and three against it) and being sent up to the Legislative Council, met With the concurrence of a great majority (two only voting against it) of that Branch. The Honorable John Richardson strongly expressed his dissatisfaction at the Bill, declaring it pregnant with stillKreater mis* 3U Administration ov Chap. ^^^^^ ^^'"^ ^ ^^ ^^^^^ previously sent up to the Legis- XVIl! l&tive Council on the same subject. He therefore gave ^^/"^^ his vote against it^ in which he was joined by Mr. Grant 1826. «><>"«•* It is probable that the fiill may not have been entirely to the satisfaction of the Lieutenant Governor princi- pally owing to the insufficiency of the sum called for by his estimate, but this being a matter, which he may have considered as a question merely of pence, and not of constitutional principles, was not, it would seem in his opinion, and reasonably so, sufficient to warrant a re- fusal after its passage by such decided majorities in the two Houses. It is very certain that whatever triumph the Assembly may have fancied themselves to have car- ried by the final passage of that Bill, the Lieutenant Governor in its acceptance did not view the subject in the same light as the Assembly. His Excellency by giv- ing the royal sanction to the Bill neither intended to concede to them the controul of the fiind in question, nor to compromise in the least the exclusive right of * Mr. Richardson entered bit protest against the Bill. It is as fbllowSf vizt : ** JHs$entit, ** Because tlie practice of the Commonsof the United Kingdom should be fcllowed respecting Supplies, which is to fix the amount of the Civil List, at the commencement of each Reign, and then to grant the same for and during the life of the Sovereign, tiw surplus only ofthe public expenditure being granted annually.— A system is thereby established which conduces to stability, baruicny and public confidence. " Because the power of granting or withholding Supplies, should not be capriciously exercised, nor with a view to the acquisition by the popular Branch of the Legislature of undue influence } else it would become a source of Corruption, and destroy the Constitutional Balance established between the several Branches thereof, which is essential to their salutary independence. " Because the Assembly have not fixed the Amount of a Civil List, nor made any Grant for the life of His Majestv ; but on the contrarv, by vot- ing annually the supply towards the Civil Expenditure, after 'an annual discnision of the amount of the Salary of each Public Officer, and claiming the right of then striliing out or curtailing the same at their pleasure (as has been done with many this year) the whole amounts to a periodical ex- ercise of despotic authority, which must transfer to that Branch of the Legislature, the substantial power of the Provincial Government ; by placing all the Officers thereof, at the mercy of the Assembly for the means of a precarious subsistence, destructive of fidelity , and whereby the Constitution of this Province, although Monarchical in form, would become lepublican in practice." (Signed) JOHN RICHARDSON. Quebec, 21st March, 1825. Sir Francis N. Burton. 315 of the Crown to the entire disposal and application of it. On the contrary he understood tiie Assembly as distincly conceding a point to v/hich they previously had adhered, as his despatch to the minister clearly evinces.* No message from the Assembly came to him explanatory of their views. He was not bound, nor would it be perhaps proper to study what conditions or restrictions not ex- pressed in the Bill, they may have thought proper to implv, and still less to take notice of what may have been said by members when the subject was debated in the As- sembly. How he might have acted, with respect to the Bill and the retrenchments made according to the votes of the Assembly, had he remained in the administration of the Government, it would be idle to conjecture, there being no authentic source of information on record, by which His Excellency's views in this respect can be ascertained. The King's instructions upon the subject most probably would have intervened and relieved him from the exercise of his own judgment in the matter.f Chap. XVII. 1825. That he was not in possession of the despatches to the Governor in Chief, the Earl of Dalhousie, by which His J^K w Lordship's course with respect to the Civil List had been ^i*" !<»<• regulated, he distinctly informed the Assembly by message as previously observed, in answer to an address from that House. Special instructions had been given * Thii despatch hat never been published ; but by ihe despatch from Lord Balburst of the 4th June 18i5 disapproving of the Bill, the view whirli the Lieutenant Governor entertained of the senite of ihe Assembly on the ■nbject is clearly expressed. ** Y«>u inform me" (says his Lordship) with Infinite 8ati>faction that the differences which have so lung subsisted be- tween the Lej^Wlative bodies on financial matters, have been amicably set* tied, und that I shall perceive by the draft of n bill which you enclose that the Assembly have decidedly acknowledged Ihe right of the Crown to dis- pose of the revenue arising out of ihe fourleeiuh George ihe third, &c.'* Thit despatch expressing dissaii(ifa«:lii>n at the arrangement made by that bill, and conveying something like censure on the Lieutenant Governor, for not having conformed to itpecial insiruclious given lo the Governor in Chief by despatches of the lUh Sepi. 1820 and 13(h Sept. 1821, was after- wards withdrawn, from the circumstance, that n^t beinj; pus^essed of them, he could not fairly be btanied fur an arrangement to which ha saw no rea- sonable objections, and which no special instructions in his own possession prevented him from acceding to. Tlie despatches of 1830 and 1831 have never been oflicially publinbed ; the particulars in them cannot therefore bespoken of with certainly. f An adjustment which the parties cnncerned understood so differently, could not be expected to last. The Assembly tendered the bill, but with reservations which they had not thought proper lo express in it. The Lieutenant Governor accepted it, as it was, and without reference to those reservations. 1'hu lapse of one year must have rendered mutual explana- tion unavoidable, and replace matters where they were before, unless the Executive were to yield in the |)resent in^ilauce, and were also prepiired •gain to concede such other points as, year after year, in the sane matter the Assembly might insist upon. 316 Administration of I ' Chap. ^Y ^^ Majesty's Comtnand, in despatches from Lord XVIl! Bathurst to the Governor in Chief, of the Uth Septr. v^^v«^^ 1820, and 13th Septr. 1821, im|)osing upon the latter 1825 " ^^^ necessity of refusing all acrangements that went in any degree to compromise the integrity of the revenue known by tlie name of the permanent revenue." These despatches, which must have been those intended by the Assembly, and which the Lieutenant Governor in an- swer to their address, said, were not to be found in the office of the Governor's Secretary, and that he was con- sequently led to conclude had been carried home by the Governor in Chief, with other papers lil^ely to be useful in any deliberation with His Majesty's Ministers res- pecting the Government of the Province, had in fact, as it since has been generally understood, been so taken, ^nd for the purpose supposed by the Lieutenant Governor. Addreureia. "^^ Assembly, at an advanced period of the Session, tias to the de- addressed the Lieutenant Governor, requesting His Ex- faication, qellency would lay before the House the substance of any answer he might have received to the humble ad- dress of the House to His Majesty in the last Sesson, praying a reimbursement of the defalcation of the mo- nies levied in the Province and placed in the hands of the Receiver General ; or any other information which His Excellency might have received of the determination of His Majesty's Government relating thereto, and which he should think proper to communicate to the House. In answer to this he informed them, by message, that he had not received any communication respecting that address ; but that he had, however, by the last mail re- ceived directions to take the necessary steps for securing tiie debt due by the late Receiver General, and that to this end orders had been given to the Law Officers of the Crown, The business of the Session being brought to a close. Prorogation, the Legislature was prorogued on the 22d March. The Speaker on presenting the Bill of Supply, and a Bill to authorize a loan to complete the Canal between La- chine and Montreal, addressed the Lieutenant Governor, at the Bar of the Legislative Council in complimentary terms. His Excellency having given the royal sanction to the Bills passed by the two Houses, prorogued the Legislature with the following Speech : — e . I Sib Fkancis Nt Burton. 317 \ a- f I I'! '' Gentlemen of the Legislative Council^ and " Gentlemen of the House of Assembly, ** The diligence with which you have proceeded in the despatch of Public Business, enables me to terminate the Session of the Provincial Parliament, and I derive much pleasure on this occasion, in observing that the cordiality and good understanding which have subsisted between the several Branches of the Legislature during the whole of the Session, are subjects of sincere cougra- tulation to every one who takes an interest in the hap- piness and prosperity of this Colony. " Gentlemen of the House of Assembly, " I thank you, in His M^esty's name for the Supply you have granted in aid of those Funds already appro- priated by Law, for defraying the expenses of the Civil Government and the administration of Justice. " Gentlemen of the Legislative Council, and " Gentlemen of the House of Assembly, " It will be a pleasing part of my duty to convey to His Majesty, as early as possible, the satisfactory intelli- gence, that by an amicable arrangement of the pecuniary concerns of the Province, you have removed those diffi- culties, which, for several years successively, had dis- turbed the harmony it was so desirable to establish be- tween the Legislative Bodies ; and this event, I am persuaded, will tend in an eminent degree to draw closer the bond of union between this Province and the Parent State. " Gentlemen, " You are about to return to your respective residen- ces in various parts of the Province, and to mingle with the general mass of your fellow subjects, whose loyalty and good conduct, your example will serve to encourage, whose approbation and esteem you highly deserve, and will, I hope, universally obtain." Chap. xvn. 1825. Governor's Speech. Several liberal appropriations were made this Session 318 AoMINItTftATION OV, &C. Chap. XVII. 1835. by the Auembly towards the internal Improvement of the Province. The sum of fifteen hundred pounds was granted for encouraging the intercourse between Que- bec and Halifax, to be given as a premium or reward to the first Steam Packet of not less than five hundred tons burthen, that should run regularly between those ports.* An Act also was passed authorizing for the first time since the establishment of the Constitution, an enume- ration and return of the Population of the Province* Some beneficial alterations were likewise made in the pre-existing laws of the Province. The result of the Session gave general satisfaction, and it was hoped that the difficulties which heretofore had existed concerning the Civil List, or Expenditure of the Province, if not completely placed at rest, would be of easy ac^ustment upon the arrangement which had taken place by the Bill. The administration of the Lieutenant Governor ter- minated, on the return, and rcassumption of the Govern- ment by the Governor in Chief, who arrived at Quebec on the 16th September, iu His Majesty*s Yacht Herald, Captain Leeke. In this ship, the Lieutenant Governor, having previously obtained His Majesty's leave for the purpose, sailed for England on the 6th October, bearing with him the good will of the Province, and receiving from the inhabitants of Quebec and Montreal at the moment of his departure very flattering demonstrations of the esteem and respect they entertained for his person, and strong expressions of their satisfaction with his administration of the Government. * The LecitUtur* of Nova-Scntia met this appropriation wilba correi- ponding tpuii, immediately voting ^750 for tbe same purpose. Tiiew votes have not iiovteverproduced the intended effect, no steam vessel, having as yet (March 18S9) uinlortaliva l\t ruu b«twe«»a tbe port* of Quebec and daiifax. Corrigendum.— -In page 316, omit the second paragraph, being a repc tition from page 307, by miitake. ( N ,. LlJ he ^\\ ' (I ,.'■ _ » ■ . , > PO STSCR IPT. Memoin of the Administration of Sir FkAvcit N. Burton, will also ihortly be published, 'as well as ^ continuation of that of Lord Dalhousib, iifter his Lord- ship's return fromEttgland in 182&, until his departiifv from the Provincein September, 1828. » The following is a Statement of the nett Revenue col- lected in Lower Canada, (the fifth, belonging tp Upper Canada, deducted) from the years 1819 to IB24, inclu- sively— vizt : 1819. JC107,4d7 lf'9f 4f » 1820 94,947 18 Of 1821 73,700 13 9 1822 74,696 12 4 1823 104,997 19 6{ . , 1824 95,645 11 6| ' - ■ • •# » A few Copies of the Memoirs of the several Ad^ ministrations^, of this Government, from that of Sir Jtames- H, Craig, flW7J inclusively, to the commencement of the present, are for sale at the Book-Store of TaoMit Cjry Sf Co., and afford an opportunity, to those who wish to inform themselves, of becoming acquainted with the public affairs of this Province, as far ns ihey art treated of in the memoirs referred to, which, vfh^f* brought down to the close of the late Administration^. inSeptefnber 1828, will embrace a period of twenty-one years, t^e Appendix will come out with the concluding jmrt of tht mieihoirs of this Administration, in which tbffreferentfs from the preceding sheets will appea^, . "■' «» Quebec, \st Februaryy 1^29. , .*, (•■ ; :, ■^