IMAGE EVALUATION TEST TARGET (MT-3) ^\?^' ' m:^-^ ,.#3^-4^ ■ /^rPt -/ y4 ' A DESPATCH FROM TUB I RIGHT HONORABLE LORP GLENELG.I 1113 MAJESTY'S SECRETARY OF STATE OU Tlin COLONIES, TO His E^LCcllency Sir Frnnciii Bond Head, LIEUTENANT GOVERNOR OF UPPER CANADA : CONTAtNtNO HIS xAI A J E S T Y' S A N S W E R TO THE SEPAUATE ADDRESSES A?v-D REPRP:sr.NTATIONs; "^ WllICII Pr.OCEi'DED IfKOM T IE LEGISLATIVE COUiNCTL AND HOUSE OF ASSEMBLY, pmST SESSION OF THEPriESENT PARLIAMENT'-. ' AND 3Pis instructions to tlje Slitutcnnnt CSfcuaixot. COMMUN1CATK0 To TIIR ITOU3K OF ASSKMI;I.V LT VKSSAGE ON TUK HUtll JA>UARV, ldi)(j. Ordered by the Iloune of Assoinbiv tn bo ptinttd. 1836. licss3»)sSKtaa» I D A DESPATCH FROM THE RIGHT HOiNORABLE LORD GLENELG, His Majesty^ Secretary of. State for the Coloniet^ TO Uks Excellency Sir FRAIVCIS IIOi¥D HEAD, Lieutenant Governor of Upper Canada ; Containing His Majesty's answer to the separate Addresses and representations which proceeded from the Legislative Council and House of Assembly, during ll-ae first Session of the present Parlia- ment ; and His instructions to the Lieutenant Governor. Communicated to t'hR Flouse of Xssnmljly by Moisaga on tha 30th of January, 1836. Ordered by the House of Assembly to be p'vited. TORONTO : M. R E Y N O L DS. 1S36, DESPATCH. F. B. HEAD. 'J'he Lieutenant Governor transmits to the FIousc of Assembly, the; communication allud- ed to in liis iSpeech to the two Hoiises of the Leg- islature, on the 27th inst. T ho Lieutenant Governor was commandod by Hia Majesty, to communicate ** the substance" ot his Instructions, to both Houses of the Provincial Parli-Tmcnt ; but considering it would be more sa- tisfactory to them to receive the whole, he according- ly transmits it herewith. Gocernmcnt I'lmse^ ) 30tli Ja?i?!/zrz/, l8o(J. > C'OVY. Doicnhio- Street, > December lb\\h UJ35. ^ Sin, I have the honor herewith to transmit to c:.. ^ « rT-,^ . you, a Commission under his Mniesty s feisfn Manu- pointed Li6ut. Gov- al, appointing you Lieutenant Governor of the Pro- '''""**'* '^•^• vince of Upper Canada. You have been selected for this office at an era of more ditJiculty and importance than any which h^s hitherto occurred in the History of that part of chosenat aporiod His Majesty's Dominions. The expression of con- ^'^^'^'"^"'^jn"^! "«»- fidence in your discretion and ability which the ^°'^^^"*'''" choice itself implies would only be weakened by any more formal assii,rance which \ could convey to you. In the following instructions 1 shall pre-sup- poseyour knowledge of many occurrences, the cor- rect understanding* of which, is essential to the dis- charge of itie duties to which you are called, but which it is unnecessary for me to recapitulate. As, however, a more exact acquaintance with Canadian afl'airs is indispensable for 3'our guidance in the ad- iniuiKtiation ofilie (jovciijinciU of Upper Canada, I think it right to rcicr yon lo llioso (sources of infor- in.ilion on vvhicli yon '-^ill be able most safely to rely. gisialivrl'mmc?!^!" An.ongst tliese, the lir«t place is due to the Jouriuils ofti.e Houbooiae- of the Legislative Council, and of the House of Ge- r.''LrZ;"c::tf "e™' Assembly. Tf.o Api.e„dice» «ubjoi;.e*fl. whether real or supposed, has ah^ ays been conduc- ted with an earnesliiess and freedom of enquiry of nsg.TaZ^Z^^LZ ^vhich, even when occasionally carried to exaggera- pkint can bo made, atioii, no reasonable Complaint caii be made. Tiie representatives of the Canadian people, if depart- RppreBontatives of ing at times from the measured style and exact termr, Canadian people jij ^yhicli the iuvestiiration of truth may perhaps be liave always exluliit- "^ • . i i ^ • e cession bv xlis iMajesty or the revenues rai- Bed under the statute 14 Geo. 3rd, cap. 88, to Wi^ ^^l^^^^;^:^ ai)propriation ol the House of Assembly, was a gra- matuiiuu«aiiiigiui«- luitous and unsolicited act, and was accepted by that "'""y i^c^uii^^i- body in a spirit ol gratcfid cordiality. I will not pause to recapitulate llie events wl.ich immediiitely prec dcd, if they did not produce ihe interruption of ttiis nnilual good undcrstandi.'ig. It u,,i,aion8 formerly is buliicient for mv present object to observe that the euij^i^^tii'ti betwoou rclations which had formerly subsisted between tlie |,,t.seati MnjfBty win strnclions, and of course will not deny to the House ;';',tn';J>r.ti;;;:"f Oeiion.l Asso,„l,ly that (•.•.retnMnvebtlg.nion of piaiiiib. tljc grounds of llicir r(»rnplMints wh:ch he graciously pledged himself to ber^ow on the representation of any individuni petitioner. I fee! myself, thereforen entitled, oii behalf oi His Majesty's Goverrnnent, to , ()l)jcct to any resort on the part of the House to that V O'ljocls to Willi- , •* . •' ^ I ■ 1 .1 11 1 I X I ■ I 1 / holding' .supplies ox. ultcrior ineasujc to woicii they alhide but which they f cept an extienio n ^^\\\ feel with me IS to be justified only by an ex- / nieigencv. •* •/ v trcme cmergciicy. 1 now proceed to the consideration of the vari- Sov«nt'h rcnnrl fin , • i i • >i .1 . £• ^i grievdii««3con4iit;i- o"s topics embraced in the sevenui report or the «t^- Committee of Grievances, «nd in the addresses of tiie two Houses to His Majesty. And I shall advert ^ to them in the order in which they are pursued in the report itself. If any suhjrct, is ^» ^^'^ follcwiug pagGs if any subject should ap- pnsscd over it is not pcai* to be passcd over without due regard, you well by intention. i„iderstand that I have, at least, been guilty of no intentional omission, but have, in obedience to His HiB Majesty f!c- Mnjcsty'w commands, made it my endeayour to meet mands every question evory question wliicli thc Committee and the House to be met. i^iiii'j. i have thought it necessary and proper to raise. Pitrona-o chief l^t. Tt is statcd that "the almost unlimited ex- iourccsefdiscontent '4 ^^^jj of the patronage ofthe Crown, or rather of the " Colonial Minister for the time being, and his adyi- Griev^ance Kepo/t!"^ " s^rs hcrc, together with the abuse ofthat patronage, *' are the chief sources of colonial discontent. Such y il .Jf " (it IS added) J-i llif putronnn*} ol thu colonial ollico <^' ""''"ir -r with- ^ , ' . -.I I I r 1" r • .. 1 •'Idinjr BU()|ilieii, of ♦' that the j^'ranting or witliholding ot Mipphcs ly ol no pMiticui impor. *' no political imj)ortaiicc unless ud an indication of ^'"''^®- *• the opinion of the country concernin«» the charac- " Tcr of the government, which is conducted on a '* system that admits its oilicers to take and 5«pply '* the funds of ihrj coloiiists wi'hout any legi.daiivo '* rote whatever." The committoo then i)ioc<*ed to an enumeration of the various puhlic offices, and the difTercnt departments and branches of the public service, over which this patronage is said to extend ; and by bringing the whole into one view, they sug- gest what must be tlie amount of the authority and influence accruing to the Executive Governmeiit from these sources. The statement is substantially this — that the number of public offices in the colony is too great; J^^^lZ.'^lZ^^'' and that the patronage, instead of being veited, as Patronnso Himuid at present, in the crown, and the local representa- ruiLTblndb"**'^ ^*^ live of the crown, should be transferred to other hands. In the long enumeration of places at the dispo- sal of the Executive Government iii Upper Canada the committee have not adverted to one considera- tion to which I think that great prominence might justly be assigned. It is perfectly true, as it is quite inevitable, that in Upper Canada, as in other new countries, the number ot public employments is, and will be, far larger in proportion than in older and dumber of public more densely peopled states. The general machi- fn'^roprnionthaiua nerv of government must be the same in a scantv ''I'J"'^ ^^f^''^ , . ' \ ■% -y \ 1 . ,•' Oencral Diachinerv as ma large and redundant population — correspond- cf Government same inff departments of the public service, whether le- '"*^'^"^y"8'»f«dun gislative, judicial, or administrative, must exist in both. And in a new country, besides, there will be some e^ablishments for which in the settled states of Europe, no counterpart can be found. Such, for example, are all which relate to the allocation, sur- , Many expenses at- . *^ 1 . - .111 1 TVT • • 1 1 tending the early sta veymg, and granting of wild lands. Nor is it to be ges of society which forgotten, that in the early stages of such a society, rfodr^rf ""01"^ of many duties devolve upon the government, which, at by gratuitous exerti. a more advanced period, are undertaken by the bet- "CJgg,^'"' wealthier 9 Proiocntion ot fiW oQencoH beiup: cop- fined Gov't orficors •wells thn nmouulof patronage* Sne'i pivtronago not tleaired, H M'« Governm't not BoIicitouH to re tain moro patronage than is necessary for welfare of people. Patronage exorcis- ed by popular elec- tion leas defensible. Public ofHcsrs would be virtually exempt from respon- ^iblity and eubordi- natioa destroyed. Selection of the public officers must be lefl to the head of local guTernTiont. tcr edncfited and wealtliier cl.tscsg, ss an hormrfibii* occupation of thi/ir leisure iii»e. "I'lnid in ti^e Ca- nadas. althoii;.^'! the mero text ol'tlio law would th«!L» a.-H in Fingland, autlmrisio any man to proli any portion of the powers of the State may be con- / fided, would be imm^^diately broken. I conclude, therefore, that as in such a country as Canada, there must exist a number of public offi- cers, large in proportion to the present number and wealth of the inhabitants, so the selection of them must for the most part be entrusted to the head of the local government. I disclaim, however, on the part of the Minis- ters of the Crown every wish to urge these general principles beyond their just and necessary limits. There arc cases in which I think according to the an< naj Gi ty, hoi gei det SC( wiwvtnniwmOT^ •0 Ca- tham (I pro- ot vir- ollen- licers. I ih(v itlirir ' itous*' se of? wel- ic fif-/ I It over ; ody, j G to '^ and one 3 in cm 'i on-./ tiy .ffi. nd 5m of IS- ' •al Is.' • le . analogy of similar cases in this country, the patro- nage now said to be exercised by the Lieutenant Govern*or might with perfect safety and proprie- ty, be transferred to others. On this subject, however, it will be more convenient to state the general principle than to attempt the specific and detailed application of it at this distance from the scene of action. That principle is to maintain entire, by the nomination and removal of public officers, that sys- tem of subordination which should connect the head of the government with every person through whose instrumentality he is to exercise the various delega- ted prerogatives of the Crown. What is necessary for this end must be retain- ed. — Whatever patronage is unnecessary for the maintenance of this principle should be frankly and at once abandoned. It is noticed in the report as an aggravation of the evils of the government patronage that almost every public officer holds his place at the pleasure of the crown. I cannot disguise my opinion, that the public good wor.;d ho little advanced if the subordi- nate function rries held their places upon a more cer- tain tenure, in practice indeed, though subject to certain exceptions to be hereafter noticed, no pub- lic officer is in danger of losing his employment ex- cept for misconduct or incompetency. But there are many kinds of misconduct and incompetency which could, never be made the subject of judicial investigation but which yet would be destructive of the usefulness of a public officer, and ought therefore to be followed by a dismissal from the public service. Nor is it necessary to insist at any length on the evils, which would arise in the transac- tion of business if the subordinate officers were awi re, that they were entirely independent of the good opinion of their superiors for continuance in their employments. It is not difficult to shew in reference to any conceiveable arrangement on the subject of patron- age, that there will be dangers against which it is im- B Certain cmm of pfttron'ge exut which might bo tranaferrod from Liout.Govvrnor to others. Patronage uni ceflsary to promote subordination should be at once abandon- ed. Publio officer! hold their places at the pleasure of the crown No public officer in danger of losing his employment, except for niisconduot or in competency. Not necessary to insist on evils that would arise by inde- pendency ofsubordi- nate puUio officers. 10 foBflible to take an absolute and perfect security. — ' know not, howcvert that any less exceptionable scheme could be devised than that which at present Htad of local go- prevails, of giving to the head of the local govern- cho?e"**'"Bubordinate tiieni the choicc of the subordinate officers, and of officers. making their places dependent on His Majesty's pleasure. To prevent, however, as far as may bo possible, the'continuance of any well founded ground of complaint on this head, His Majesty disclaiming for himself and for his representative in the Pro- Ilis miijeBty pre- . hi-.. • '^l .l ' i ^ •cribosruioBfor guid vmce all desirc to exercise, with the view merely to ance in the oxerciHo patronage, the powor of appointing public officersr oftho power of ap- > , o, ' ' 't t '^'^ • i ^i l' ii pointing public offi- IS pleased to prescribe loryour guidance the toUow- <"'"• ing rules : Offices in the ap- F'ifst — You will at the earliest opportunity enter pointment of tho jnto a diligent review of the offices in the appoint- anT?mmodia*tIiy"^or ment of the Crowu aud of the Local Government, prospcetivoiyreducei as detailed in the report of the Committee, and the without impairing ef j. ., .*^ ^ . . , ^ ^^^i fieiency of public ser appendix, With a view to ascertain to what extent they ^*"- may without impairing the efficiency of the public service, be reduced immediately and prospectively. Result to bo reported You will report to me the result of your investigation, to Seo'y of state, ^yith such particular information as will enable His Majesty's Government to decide in each case on the expediency of adopting your recommendation. Secondly — If during the reference of that report -.. .. - „ to me, any occasion occur for the reduction of offi- Discretion of tho .' •/, , ,. . , i- « ^- -n Lieutenant Governor CCS Cither b}^ abolitiou or by Consolidation, you will out wSfngfo? fiil- <3-^6''cise your own discretion as to waiting for fresh ther instructions, instructions, or proceeding at once to the reduction. Any appointment, however, made under such cir- T„ - o u v.- cumstances, will be merely provisional. In case of Incaaeo''ab'jlition , . j' i i-,- i '^ /e x • j of office re&sonubie the immediate abolition or any oiface not required 3'to7rcTenthoid ^^}' ^^^® efficient discharge of the public service, you «r>. will stipulate for such a compensation to the present holders, as the disappointment of their reasonable expectations may entitle them to receive. Thirdly — In the prescribed revision of these offi- To form a judg- CCS you will make it one of your objects to form a o/Jitron^gf ma;"!: judgment what sharc of the patronage 6f the Crown transferred to other or the Local Govemmcnt may safely and wisely be hrnds. & report the transferred toother hands. You will report to me vmce. Exceptions to a- cspcciallf in Lieut. Governoi% offioo. 11 on this finbject, but refrain from taking any steps re* garding it without further instructions from me. Fourthly,— In the selection of persons to execute P"^ "orvicM and public trusts you will be guided exclusively by the HoTthe oniy^cu'ra comparison of the claims, which the different can- ^° °®°»- didates may derive from past services or from per- smial qualifications. Fifthly. — In general you will not select for any _, , ,. •/ •'i ^ • TT /^ 1 1 reraoni to be ea- public employment m Upper Canada any person who lectod for public em. is not either a native or a settled inhabitant of the pjoyment to be na- --. . rn .1 • II • 1 '^'ves or wettled in- rrovmce. lo this general rule occasional excep- habitants in the Pro- tions may be admitted ; as ir cases where some pe- culiar art or science is demanded, which no provin- cial candidate may be found to possess in the requi- ^^^^ '"^^ site degree. An exception must also be made in re- ference to those officers, who are immediately at- tached to your own person ; in the choice of whom His Mfyesty does not think it right to subject you to any such restriction. Sixthly, — As often as any office shall be vacant, which is not to be suppressed, and of which the an- ah appointment* nual emolument shall exceed two hundred pounds, '^^•"*, !.«ni"!"®u* .,,,., . . , -.11 1 exceeds X200 to be you will make the appointment provisional only, and confirmed or tejec- with the distinct intimation to the party elected, that ^®'' ^^ "" Majesty. his confirmation will depend entirely on the estimate which His Majesty may form of his pretensions ; and you will on every such occasion signify to me bounds uf such for His Majesty's information, the grounds on which appointment to be you have proceeded, and the motives which have di- jiforstate.^**"*'" rected your choice. If His Majesty should be plea- sed to issue under his sign manual a warrant autho- ^ ointments to rising you to make a grant of the office under the be ratified by sign public seal of the Province, then and not till then, JJg^"^;^''^ °^ "^» ^■- the appointment must be considered as finally ratified. I trust, that in these regulations, the House of Assembly will perceive a suflicient proof of His Majesty's settled purpose to exercise this Branch of Prerogative ofHis His Prerogative for no other end, than the general f.SdtVn^^ good of His Canadian subjects, and to prevent its good. being converted into an instrument of promoting any liarrow, exclusive or party designs. 2nd. Pursuing the order observed by the Com- 12 Provincial Po«t OfflM. ii Act iransmittcd aa approved by gov- ernment had under- gone investigation byP.M U. .4 Hie Mnjosly'8 go- vernment tre willing that mcaattro should be withdrawn and that any other may be substituted which the Assembly may accede to. Difficulties to bo apprehended in some eoMs. Asieitt to be given to any practicable scheme tendered by the Assembly^ Snlaries and feea. Preliminary ob- Mrvatioo, roittee, I pass on to the subject of the Provincial Post Office. Adverting to the measures which have al- ready been taken for the redress of the grievances which have been alleged to exist in the conduct of this department, the Committee observe, that " the ** form of a law such as the Government would ap- ♦* prove is before the Houses, but its provisioiis " (they add) are so inapplicable and absurb, that no ** benefit could be derived from their enactment." On the measure thus characterized I am not called to give an opinion. It is, however, but fair to those by whom it was recommended to the adoption of the local legislature, to observe that it had pre- viously undergone a most careful investigation by the Pest Master General. His Majesty's govern- ment cannot have the slightest wish to urge the adoption of any measure to which well founded and sufficient objections may exist ; they are content that the bill in question should be withdrawn to make way for any other which the Assembly may be disposed to sub;^titute for it. Perhaps, however, on approaching the question more closely, theAssembly may find it encumbered with unexpected difficulties. I fear that this will be the case, especially in refer- ence to the intercourse by post with all places beyond the limits of the Province itself You will, however, assent to any judicious and practicable scheme which the House may incorporate in any bill tender- ed for your acceptance ; regarding as of no weight whatever, "hen opposed tu the general convenience of the public, any considerations of patronage or of revenue derivable from this source. 3rd. Under the head of salaries and fees the committee have entered into very copious statements to shew that the emoluments of the public officers in Upper Canada are excessive, and out of all just proportion to the value of the services rendered. It is unnecessary for me to enter into these details, be- cause as to the general principles on which it will be your duty to act on questions of this nature, there can be no room for controversy ; indeed those prin- ciples will, I think, be most conveniently considered wl anl qu ed in jrs ist It 13 when di vested of topics connected with ihe intereuta and the services of* particular persons. There is no measure of rQtrenchment compati- ble Tvith the just claims of His Majest)''s various ofticers, and with the efficient discharge of the pub- lic service and duty, to which the King is not dis- posed to give a prompt and cheerful assent. To de- termine what ought to be the scale of remuneration to public functionaries of different classes would re- quire information too minute and exact to be obtain- ed beyond the limits of the province itself. This would appear a very fit subject for a special enquiry, in which it might im proper to employ conmiission- ers, to be appointed under the authority of an act of the Assrembly. I have reason to "Suppose that the subject has never yet undergone a full and fair inves- tigation, and therefore I do not feel myseif entitled to assume the non-exisU3nce of those abuses which so readily grow up under a system which is notsubjeci- ed to a careful scrutiny, conducted upon permanent and enlightened views of public economy. Even if the result of the examination should bo only to shew that there is rto evil of this nature to be remedied, the labour would be amply repaid, by placing so important a fact beyond the i*each of all reasonable suspicion. Ill dealing with exisiingHnterests the local legis- lature will, I doubt not, be well disposed to adopt the rules which have been uniformly taken by Par- liament for the guidar^e of their discretion in simi- lar cases. The saving of public mdrt'ey which could arise from the. unexpected reduction of official in- comes would not only subject numerous families to extreme distress,but,by impairing general confidence in the public credit, would weaken the foundations on which all proprietary right must ultimate^" re- pose. The Ring confidently relies on his faithful sub' jects of Upper Canada that they will not reduce His Mafesty to the distressing alternative of either abandoning the just interests of any of his servants, or opposing himself to measures having for tbeir ob- To an^ measure of retrenchmunt com- patublo with jiiKt claims, and ef&cient discharge of pu dio service His Majesty will cheerfully aiutoot Scale of remuner- ation to public offi- cers to be apportion^ ed by commisBioner* appointekl by act of AsbOmbly. A full inrcstis;ation will placo the matttr beyond rea«ooabU sucpMon. No doubts Enter- tained but the local Legislature will a- dopt rulen uniformly taken by Parliament for guidance so as not to subject fami- lies to distress nor impair general oon- dence. His majesty hopei he may not he subjeo ted to opposition of measures nor aban'^ donment of internet* 91 i ih' Complaint of peD~ lion lUt. Peniions already charged upon the re- venues constitute a debt for tho payment of which the honor of his majesty is pladgml. ■m His majfRty wcon- ient' that security be taken ogainst in* creaee of peni»ion list It is not anticipated that the Assembly would withhold from Ilia majesty means of rewaruliig faithful servicas. Assent to be given to any law presented on a just and reason, able scale for regula. tion of future pen- iCiOA list. 14 ject tho reduction of public expenditure. 4th. Next in the order of complaints is that which relates to the ^amount of the Pension List. — On this, as on the subject which [ have last noticed, I conceive that I shall better discharge my duty by attempting to provide against any future abuse ihan by engaging in a minute retrospect of any which may have already occurred. 1 will not even pause on the comparison, not perhaps very accurately or necessarily instituted, between the conduct of the central government of the United States of America, and that which has beenpuisuod in one of the Pro- vinces cf the British empire, respecting the remuiio- ration of officer? for past service. — Such pensions as have already iieen charged upon the i^vcnues which were at the disposal of the crown, constitute a debt to the payment of which His Majesty's honor is pledged, nor need I state that there is no considera- tion ^o powerful as to induce the King to assent to the violation of any engagement lawfully and advi- sedly entered into by himself or by any of his royal predecessors. On the other hand His Majesty is content that the most effectual security should be taken against any improvident increase of the pension list by any future grants, and is willing that a limit should be fixed bylaw to any change which may hereafter be imposed upon the provincial revenues on this account. I do not anticipate that the Assembly of Upper Canada would wish to withhold from the King the means of rewtrrdThg faithful and zealous public ser- vices, or would think it desirable that no provision should ever be made by His Majesty to solace the declining years of those who have consumed in, la- borious public duties in the colony the larger portion of their lives. You will therefore assent to any law which may be tendered for your acceptance of which the ob- ject shall 1/8 to regulate, on a just and reasonable scale, the amount of the future pension list of Up- per Canada, and to prescribe the principles upon which any pensions shall be granted. u it *( tt a 15 ilSt. — it 5lh. I proceed to the aubiect of the provision HociwiMtiMi •«- tnade for ecclesiastical estabhshments and for the ** " "*"*'' maintenance of the teachers of religion of various * denominations. On thi"^ head the House of Assembly maintain opinions from which in their address to His Majesty Hou«b of amoih- cf the 13th April, the Legislative Council have J^c- ^'y^^»^"^J^Leguiati». corded their most entire and earnest dissent. The ""'"' »"gro«. report states Uiat " the House o( Assembly in several • ** successive parliaments has expressed its entire dis- of select comlSftul " approbation of the government in attempting to °^ '"^ «MBion. '* uphold particular religious sects by money grants, and in the lOth and 11th parliaments has delared that it recognizes no particular denomination as " established in Upper Canada, with exclusive " claims, powers, or privileges." It appears that the four religious communities , churches of Eng- , /• J • 1 J u /• .1 u ]•* '^"''» Scotland and whose funds are aided by grants from the hereditary Rome, and the Wes- and territorial revenue are, those of the churches of ^^^y^"JJJ^^*J^^*^>,ySo- England, and Scotland, and Rome, and of the Wes-) tomi revenue. *"" leyan Methodist society ; the last being in two divi-) sions which respectively take the distinct appella^ tion of the "Canadian" and "the British." * In the last session of the provincial parliament a bill was passed by the Assembly, the object of^.^f^'^'eyresen-t.^ie which was to enable certain commissioners to sell the lands which, under the constitutional act of 1 791, had been appropriated in Upper Canada to the main- General foaturca of tenance of a protestant clergy, and to pay over the ^***^'"' proceeds to the Receiver General, to be disposed of under the future direction of the legislature, for tho promotion of education, and for no other purpose whatever. This bill was rejected by the Legislative Coun- cil on the grounds noticed in the address from that body to His Majesty, and in a report from a select committee appointed by them to take the bill into consideration, which report is inclosed in Sir John Colborne's despatch of the 20th May, No. 20. Your predecessor and the council agree in the opinion, that it is vain to expect the concurrence of the ' ^» , , /• ^1 1 1 1 • I . • J- ^ Governor and L«- two branches of the local legislature m any adjust- gisutiv* Council »- Bill rejected byLo gislative Council. ,i pfrM to iMVQ the mat t«r of dilference to ImperiKl Parliainont but A88omb!y (>tij«i4|s Queiitinn whull -sr Hii rnujosty shoutd b« advised to eubmit the name to his parii ament 7 two roaaous for not doing 80. 16 meat oi' tins question, and ihey tlicreforc inroke the interposition of parliament ; wliich interposition the Assem )ly on the othar hand, deprecate with eqi^al earnestness. The chief practical question then, which at pre- sent denriands consideration, is wliether His iVIajes- ty should be advised to recommend to parHament the assumption to itself of the oifico of deciding on the future appropriation of these lands. There are two dii:tinct reasons, both of which appear to me conclusively to forbid that course of proceeding. JtToTi^ *" ™°*''*"'^'~ -F/r^/. — Parliamentary legislation on any subject of exclusively internal concern, in any British colo- ny possessing a representative assembly, is, as a ge- neral rule, unconstitutional. Soch exercise of it is a Hght of which the exercise is reserved tremeo^MM.*'^ ^"^ " ^^^ extreme cases, in which necessity at once creates and justifies the exception. But important as is »,, .. . , tiie question of the Clersjy Reserves in Upper Ca- Tbis o&BQ not eo ,^ . n i • \ . i *^' /» i extreme. nada, yct 1 canuot find in tne actual state or the question any such exigency as would vindicate the Imperial Legislature in transferring to themselves the settlement of this controversy. The conflict of opinion between the two Houses upon this subject, much as it is to be lamented, yet involves no nrgerjt danger to the peace of society, and presents no in- superable impediment to the ordinary administra- tion of public affairs; although a great evil, it is not such as to exclude every hope of mitigation by. the natural progress of discussion, and by the influ- ence of that spirit which, in public affairs, not sel- dom suggest^ to parties, alike solicitous for the gen- eral good, some mutual suridndor of extreme views and some compromise on either side of difference, which at first sight might have appeared irreconcila- ble. And cannot be re- Until every prospcct of adjusting this dispute 'uTd"^*'t"°*b™h ^^^^^" ^^^^ Province itself shall have been distinctly iiouraa. ^, ° exhausted, the time for the interposition of Parlia- ment will not have arrived, unless indeed, both Houses shall concur in soliciting that interposition ; 17 in which event, ilicre wo'ild of courso, bo an end to the constitutioiml objections already noticed. ♦The second ground on which I think myself bound to abstain from ndvising UU iMrijesty from rcferiinff this question iinmedialcly to Parliament, is -n'l. tHofi"ti'orflf)f that the authors oi the Constitntional Act, nave de- rum^niz.xi it as fail- c',.red this to be one of those aubjocta, in regard to '"- ^'''';:V" t'lopro- which the initiative is expressly reserved and recoir- gifiUturo. Tiized ns falling within the peculiar province andtho special cognizance of the local Legislature, altliotigh its ultimate completion is no less distinctly made to depend, in addition to the ordinai-y submission to His Majesty, on the acquiescence of the Imperial Parlia- inent. It is not Jiflicult to perceive the reasons which induced parliament in 1791, to connect with a re- servation of land for ecclesiastical purposes the spe- cial delegation to the Council and A!;semb]y of the right to vary that provision by any bill, which being reserved for the signification of His Majesty's plea- •snre, should be communicated to both houses of parliament for six Vveeks before that decision was pronounced. Remembering, it should seem, how fertile a source of controversy ecclesiastical endow- ments had supplied throughout a large part of the (iowm\nTra'''foKii9 •christian world, and how impossible it was to fore- "ourcoofcomroversy tell with prv^oision what might be the prevailing opi- nions and feelings of the Canadians on this subject at a future period, parhament at once secured the means of making a systematic provision for a protes- tant clergy and took full precaution against the even- tnal inaptitude of that system to the more advanced stages of a society then in its infant state, and of which no human foresight could divine the more mature and settled judgment. In the controversy, therefore, respecting ec- No unexpected eT» clesiastical endowments which, at present divides the T^orcJiS^^^^ Canadie.i legislature, I find no unexpected element ^"■y*'"*^"'' 'i"^''!'- of agitation, the discovery of which demands a de- JJntXtfnJct parture from the fixed principles of the constitution, "tumion. but merely the fulfilment of the anticipations of par- liament jn 1791 in the exhibition of that conflict of C Rec«urse is not to bo hud to an oxtremo roniody to avoid •m- barraksment. Bout obiaotioDs to the bill of laat year for diapoaal of Cler- gj Seaervea. The Und granting departmtnt. Any ambiguity in Lord Ripon'a des- patch shall be im- mediately removed. 18 opinion for which tho statute of that year may be said to have made a deliberate preparation. In re- ferring the subject to the future Canadian legisla- ture, the authors ot the constitutional act must bo supposed to have contemplated the crisis at which we have now arrived — the era of warm and protrac- ted debate, which in a free government may be said to be a necessary precursor to the settlement of any great principle of .lal policy. We must not have recourse to an extreme remedy merely to avoid the embarrassment, which is the present, though temporary result of our own deliberate legislation. I think therefore, that to withdraw from the Ca- nadian to the Imperial Legislature the question re- specting the Clergy Reserves would be an infringe- ment on that cardinal principle of colonial govern- ment which forbids parliamentary interference, ex- cept in submission to an evident and well establish- ed necessity. Without expressing any further opinion at pre- sent on the general objects of the bill of last session, J. think the effect of that bill would, as it appears, have been to constitute the Assembly not merely the arbiters respecting the disposal of the funds to be raised by the sale of these lands, but the active and independent agents in effecting those sales, and thus to invest them with the appropriate functions of th» Executive Government. 6th. The Report of the Committee next pro- ceed! to the subject of the Land Granting Depart- ment. Admitting that Lord Ripon^s Despatch shews that the grivances under this head have be^n in part removed, it is observed that the extent of that relief is not very clearly shewn by the documents before the Committee. It is difficult, or rather impossible for me to ad< vance forther in meetings the views of the Assembly thus briefly expressed, than by stating, that if any ambigiiity can be pointed out in Lord Ripon^s in- structions respecting the grant of Lanc|s, it shall be immediately removed, and that if His Majcsty^s offi- it u any « not 10 fJor» ill tliQ Province can bo shown to Ijuro ditregard- . Mo»t ?'•«?* ■■<* , , . • Ml I 1 i- otot obedieno« to «a those instructions* it will be your duty to enforce b« paid to the in- Tuofit prompt and exact obedience to them, to the 5lJ,"\*/°"'^ "th.^oV (full extent of their spirit and intention ; ingomuch ficlraertk* go*or°iii that there shall in future be no doubt, whether the '"*'*^- grievances at which they aimed have or have not been completely removed. 7tli. Respecting the Collegiate Institutions of the IVovince, the Assembly express their opinion, l;J^^^^^^ f^^^^ , that the Upper Canada College ''is upheld at great port reapevUng ^w. ** public expense, with high salaries to its principal ^- ^'''"•8»' »* Masters, but that the Province, in general, derives ** very little advantage from it, and that it might be ** dispensed with." His Majesty's Government Can have no wish to „;, MajeBtj** Got. retain any charge for this establishment which may deairo to reuin n* than pro- efl[«ctiTo be more than adequate to provide for the eflective adnSioT'o performance of the duties of the Teachers, Any vide for the ©a wise retrenchment of that nature may, subject to the fe"cUr7"'''* '*^ **'' principles already mentioned, be immediately intro- duced. That the Province derives little benefit from this College is a fact of which the explanation is to be found, not in the principle of the institution itself, but in some error of n^inagement, susceptible, as it should seem, of an easy remedy. It is impossible to believe, that in Upper Canada, as i . other countries, advantages the most important, unfortu^ King's Coiipj*. Rl ! m nrs 20 iiati'. difTereiK't' orojjiiHun exists bclvfeou the Council and the x\ssembly, which each of those bodies con- curs in proiiouncni^f incurable. Hid Majet^l.y connuands me to tender through ^'l^M "J'T"'"'' you ^^ia niediuiion on this subiecjt. With the nre- iii« King will choer- vious assent 01 botii IJouscs, tho King wul chceiful- ii?d«ItToTJfchMtor ^y i"^^""^^ ^'^^ consideration of the question, in what manner a charter couhl be most conveniently pre- „ , ^ . . pared, so as to promote the interests of Science and But having refer- V • i i i /. rt^t i i n i i red toihs local le- liitcraturc, aiid the study ot Iheoiogy and Moral Risuturo the subject philosophv, with a duo rej'ard to (he opinions which he cannot withdraw i •> • i n- • i it at th« instigation secm 10 prcvail m the rrovince, respectmg the pro- of one bioiioh. pg^ constitution and objects of an University. But after having distincjy referred to the local legisla- ture the duiyofgiving effect to their own wishes on the subject in tho form of an act of general Assembly, riis Majesty cannot at the instance of one only of the two iiouse?, withdrew it from their cognizance. Committee com- ^^^' The Committee complain that a very con- piains of expendi- sidcrable portioH of tho sum amounting to £31,728 ATent^'s^ notTTng 1« H cxpcnded in aid of emigration from Europe,was satiHfuctoriiy ac- for '' articlcs Of scrviccs not specified,and concerning *' which a committee of the House of Assembly " could know nothing unless 4hey were to send for *• the detailed accounts and vouchers, which if they hf.d it would be impossible to examine at this late period of the session at which the government sent Orders to be given « dowu those Statements." In the Appendices to tadlf r.gemt„t tlie Keporl, numbered 56 and 57, various items of of this fund to sub- tliis expenditure are noticed with apparent dissatis- LuulkiTiaifii'r: faction. You will direct the public officers who count when deman- havc had the management of this fund to communi- dod by th» House. ^^^^ ^^ ^j^^ j^j^^^g^ ^^ Assembly, with the utmost pos- sible promptitude, the most minute and circumstan- tial details and explanations connected with it, for which the House may be pleased to call. 9th. Next in order occurs the statement, that •' the present system of auditing the public accounts '• is altogether insufficient for ensuring the applica- '' tion of the revenue to the purposes to which it is *• intended to be applied." The remedy euggestcd is that of establishing counted for. << a Accounts not pro- perly auditod. 2t (I Board uf Ainlit.ofwliicfi tlic procecdingd sliuiild be icijulrtteJ l»v u well cousiduicd statute* under u re- sponsible govei'iimriit. Dt»fi!iriuij; at jjrraejit nny roinsirk on the c\j)rc8- nion *T08|)oii!sil)!e Government," lo which I shall, Est^biiiimani of ' . , , . r t hoard ut audit by ttw more conveniently advert nereaiter, 1 must expret»s lUo icn remitiiy. my agreement in the position that the establiHhmcnt . of a Board of Audit by law ih the best remedy in thid case. Mis Mujesiy will gladly concur in ihe en- uclment of any law, which bhall be properly framed for constitutinji' such a Board. With a view to aid .v«rinu- docum.nii the deiibcrutioiis ot the Legislature, 1 transmit to or accountu uana- you various documents explanatory of the constitu- """«'^- tion and proceedings of the commission for auditing the public accounts of this Kingdoni. The Assembly express their disbelief that any *.„ ki i r cincicut nu3usure ot tins kind will obtain the consent thRtnurificicntmea. of the Legislative Council. I trust that this appre- Jo Vw- t^ouTo!^^ heneion will be dispelled by the event. If unfortu- nately it should he confirmed, you will in the exer- cise of His Majesty's delegated authority, proceed at once to constitute a Board of Audit, upon the principles of that which at present exists in this if bo iu» exceiien. kingdom, so far as the two cases may be analogous; of ludfu"'"**''*^'** and altho' I am aware that, unaided by positive Le- gislation, such a board would be comparatively inef- ficient, yet no inconsiderable advance would thus be made towards the introduction of an effective system of audit. * If you should find it neces'iary to act on this in- Care to be taken in struction, great care must be used to prevent the the 'noT^eSiBh. new establishment from beinjj converted into the "'^"'^''''^'^"''y""' .. , • I • ^ I / ueoin an auuao ot means or any real or seeming abuse in the way or an patronajjo. improvident increase of the patronage of the Crown. Of a Board consisting of five or three auditors, one 9/^ }°"^, ^^ * alone should at first receive a salary, because the in- mIvo a salary. fititution itself would bo provisional only, and liable to revision so soon as a proper act could be passed for the purpose. I think' it highly probable that amongst the gentlemen of the Province most con- versant with its financial interests, a sufficient num- ber would be found, who as hpnorary and un- Ji^nifnTa" CM« & goaeral lupsr- uiUndenM lu dfltsrinining tlis namber and rtinuner «tioa of cUrkM, &c. Effective remedy mukt be by Iftw . Withholding publio ascouiiU. A statute iihtiuld be poaied directingitiino and manner &> nam ing of&core to pre- pare accounts for Le gislature . Extract from re- port of last session. Objaetions to Ap pointnunt of indivM uals to those duties which would give *hem BO great a con trol and render them virtually irresponsi l)le. NoiHfornifitionoii ♦-jbject of revenue, ^Jodired to bo A'itit- Meld. fi2 paid r '''7 ., *^»i I'l 1 t coi)it>B and abstracta With any addresses which may be presented to you of aii public acc't». by that House, copies and abstracts of all public accounts, and you will consider, in what form these "»■ Excellency to 11 ^ L-i '\ II ^ • 1 • /• conwder the form of can be drawn up so as to exhibit all material intor- accounta neceisary. mation, in the most complete and luminous manner. It will perhaps be possible to concert with ib^ House j,^^°;*7*^*jj*^" "JJ^ beforehand some system for preparing such returns ; Houm for preparing and as often as they may present to you addresses "*"'"■• for such information, you will promptly accede to p,on,p| .tttention their wishes^ except in the extreme case, whicfi it is to be given to i>ddre» difficult to suppose, of any demand of that nature J^^bHc^JtcreBtTea being made in such a form that the compliance with ^angered. it would endanger some great public interest. nth. The report then passes to the considera- tion of cases to which your predecessor is charged Late Governor with having failed to shew resjUect, even in subordi- jjj[e'*' ">^*' '^'"•* nate matters to the wishes of the House of Assem- bly. I will not encumber this communication by en- tering into a review of the particular transactions Not in potieaaioa noticed by the committee in illustration of this com-^J™?'*;*"!/**'^^*'* i. 1 i^«ii-/«** i» • n enter into a an- plaint. 1 am not indeed sumciently in possession of cuRiion on that aub the lactfl to enable me to do so ; nor do I think it con--^^*^^' venient to combine a personal discussion, with a ge- neral statement of the principles by which your con- duct is to be governed. The only general direction that I have to give Addresses of a.. you on this subject is that you will always receive "mWy to be receiv the addresses of the Assembly with the most 8tu-5?oui**ituni"?Vnd dious attention and courtesy.-— As far as may be con- cou'teay. sistent with your duty to the King, you will accede to their wishes cheerfully and frankly. Should that duty ever compel you to differ frorn ing" *Tom Their their opinion or to decline compliance with their de-^'"**"* *° ^ <^'"'«' * 'ii 1 • • ^1. A J- A 1 /.and BonslliBtory. iires, you will ttxplain in the most direct and, of »■ Interference elections. at 24 course, in the most conciliatory terms t!ii> grounds of j-our conduce. I2lh. The next topic of complaint \b that many of the recommendations contained in Lord Ripon's thaft'h7do'."patSrof despatch ofthe 8th Nov., 1 832, have not been carried the Earl of Ripon into cffect. Amongj^t thesc are especially mentioned id'to"°iu^'aV"'"** such as relate to the amendment of the Election Election laws, Laws : — the Hou interference of Bis Majesty's Ofli- cors at Elections : — The disclosure to the House ofthe receipt and ^Tenue necoiintt. expenditure of the Crown Revenue , — The exclu- Rehgious teacher* .• /.««••, /•r>i«' r .1 t -i- in the councils. siou of MuHstcrs 01 Keligiou irom the Legislative deiw!'''*' *"^^P*'"" and Executive Councils:— The reducing the costs Public officer* In of Elections r — The judicial independence: and the Assembij. limitation of the number of public officers, who may sit in the Assembly. Adhering without reserve or qualification to all the instructions issued under His Majesty's Commands Earl Ripon's des- ^Y Lord Ripon, the King is pleased to direct, that patch to be adopted you do adopt that Dlspatch is a rule for the guidance anee ^r\iin ixo^ of your ovvu couduct, and that you exert your legi- the Lieut. Governor, timatc authority and influence to the utmost possible extent to carry into 'effect all such of His Lordships suggestions, as may still continue unfulfilled. 1 3th. The selection of Justices ofthe Peace is , ,. ^ , said to have been made chiefly from persons of a Justiees of the ,. , . . |.^. , , • •' .• '^. .. #• Feace apiwinted peculiar bias in politics, and to be the means *' of ex- from among irapro- u tending the power and influence ofthe Colonial per persons. ^ ^ ** t • ^ • • /» 1 " System. It is not in my power to verify the ac- curacy of this opinion ; and I am happy to feel my- self relieved from the necessity of such an investiga- ifany abuse exists tion. If any such abusc exists, it cannot be too de- notte%oTpromptiy cisivcly or promptly remedied. Whenever any in- remodiod. crcase of the number may appear to you desirable, you will propose to any gentlemen in Upper Canada to^i a^intod'wUh possessing the necessary qualifications of kn-w^ out reference to any Icdgc, property and charactcr and unquestion jle pouticai ««""d«'^«^ fidelity to the Sovereign, the assumption of the of- fice of a Justice of the Peace without reference to any political consideration. 14th. /very considerable part of the report is devoted to the statement and illustration of the fact,. 25 that the Executive Government of Upper Canada is virtually irresponsible; and the conclusion drawn from this statement is, that under the present system there can be no prospect of a good and faithful ad- ministration of public affairs; Without entering on the one hand unnecessarily into a discussion ofthose general principles, to which my attention is thus invited, or digressing on the other hsmd into personal topics, it is enough forme to ob- serve on the present occasion, that experience would seem to prove that the administration of public af- fairs in Canada is by no means exempt from the con- trol of a sufficient practical responsibility. To His Majesty and to Parliament the Governor of Upper Canada is at all times most fully responsible for his official acts. That this responsibility i3 not merely nominal, but that His Majesty feels the most lively interest in the welfare of his Canadian subjects, and is ever anxious to devote a patient and laborious attcaJon to any representations, which they may address to him, either through their representatives or as indi- viduals, is proved not only by tiie whole tenor of the correspondence of my predecessors in this office but by the despatch which I am now addressing to you. That the Imperial Parliament is not disposed to receive with inattention the representations of their Canadian fellow subjects is attested by the labours of tfie committees, which have been appointed hy the House of Commons during tSe last few years to en- quire into matters relating to those provinces. It is the duty of the Lieutenant Governor of Upper Canada to. vindicate to the King and to Par- liament every act of his administration. In the event of any representations being addressed to His Majesty upon the subject of your official conruct you will have the highest possible claim to a fivour- able construction; but the presumptions which may reasonably be formed In your behalfwill never super- sede a close examination, how far they coincide with f '" than TT* »yi • ^ , ' • • 111 1 • 1 ''O'nmon invesUffa His Majesty s decision would be pronounced with tion. a perfect impartiality towards those who had the honor to serve him in the Province, however high or however subordinate might be their respective sta- tions. By a steadfast adherence to these rules, I trust » ^.^<*f"t adherens \ , ■^ rr l' a. /• •! •!•. c 111 to these rules would that an effective system of responsibility: would be produce a Rystemof estabhshed throughout the whole body of public f^'^"* r^sponsibiu- officers in Upper Canada, from the highest to the lowest, without the introduction of any new and hazardous schemes, and without recourse to any system, of which the prudence and safety have not been sufficiently ascertained by a long course of practical experience. I4th. I next advert to two subjects of far more importance than any of those to which I have hitherto adverted. I refer to the demand made partly in changeB sougjt the report of the Committee, and partly in the ad- of'ilgiskUvJ'Sn* dress from the Asseribly to His Majesty, for cbanffes ciuors and control of ^1 1. r ' \' T • 1 x' ^-1 Ml casual and territorial in the mode of appointing Legislative Councillors, revenue. and for the control by the Assembly of the Territo- rial and Casual Revenues of the Crown. On these subjects I am to a considerable ex- tent relieved from the necessity of any particular in- vestigation, because claims precisely identical have been preferred by the Assembly of Lower Canada, subjectsby inatruc and because- in the instructions to the Commission^ o? "nqSy '° '*"" " ers of Enquiry who have visited that Province, I have already had occasion to state the views which have received His Majesty's deliberate sanction. — The piinciples of the government in the two Sister FrinoipieflofGov. Provinces must I am well aware be in every material ;;rin«8"thiMmt' respect the same. I shall, therefore, annex for your Relieved from in- estigation on these iM Li Initrnctioni ap- pended. CommisBioD .TB to Lower Canada will ooDimanicate with His Excellency the Lieut. Governor ond frame their report to suit both provinces. Lt. Governor to supply cora'rt with iiiformatiou. Conun'saion may reaort to U. Canada. His Ezeelloney to co-opernto with com* inissiuucrs. Suhstanco of this dosfatch to bo com- municated to \ Log. Council Si, Aaiembly. Eamost desire of his niDJeety's coun* 4*118 to provide for information as an appendix to this Dcspalch^so much of the instructions to the Earl of Gosford and his colleagues, as applies to these topics. fn the prosecution of the enquiries of the Com- missioners in Lower Canada, they will be instructed to enter into full and unreserved communication with you upon these questions, and to frame their report in such a manner as may enable His Mnjcsty to adopt a just and final conclusion upon the course to be pursued respecting them iu both iheCanadas: For this purpose you will supply the Commissioners with all the information which you may think ne- cessary for them to receive, and with every sugges- tion "which you may think it expedient to make for their assistance in comparing the state of these questions in the two Provinces. If it should ulti- mately appear desirable, the Commission may perhaps be directed to resort to Upper Canada, there to pursue iu concuiTcnce with yourself, a more exact enquiry into these subjects than they could institutd at Quebec, in reference to the affairs of the Upper Province. In general the Earl of Gosford and his col- leagues, will be directed to enter into unreserved communication with you, not only on the points just mentioned, but on every subject of common interest to the two Provinces. \ You on your part will conduct yourself towards them in the most cordial spirit of frankness and co- operation. I have thus in order adverted to every subject to which the Assembly of Upper Canada have called the aliGiilion of His Majesty's Government. You will communicate to the Legislative Coun- cil, and to that House, the substance of this Des- patch as containing the answer which His Majesty is pleased lo make to the addresses and representa- tions; which I have had the honor to lay before him from the two Houses in their last Ses?ion, I trust that in this answer they will find sufficient evidence of the earnest desire, by which His Majes- ty's Councils are animated to provide for the redress 29 of every grievance, by which any class of His Ma- jesty's Canadian subjects are affected. I close this communication with the expression of my earnest hope, and I trust not too confident be- lief, that the representatives of the people of Upper Canada will receive with gratitude and cordiality this renewed proof of His Majesty's paternal solicitude for the wf'Khrc of his loyal subjects in that Province, and that Inying aside all groundless distrusts, they will chenrfull*^ co-operate with the King and with you ns His Majesty's Representative in advancing the prospeiify of tl'ut interesting and valuable por- .tion of the Brilioh empire. I have tli« honor, &c. GLENELa redress offrrieTancM evidenced in this despatch. Expression of eon fident fxpcctation that the people of U. Cinada will receive cordially and grate fully this further proof of his majesty's Holicitu ! ill their behalf. « APPENDIX. Extract from Despatch to the Commissioners for Lmoer Canada, datedf Downing Street, 17th July, 1835. " Amongst the most pressing of these, is the financial question which has given rise to &o protracted a controversy. " After the several gradations through which this question has passed, it has at length assumed the following shape: — As repre- sentatives of the people of Lower Canada, the House of Assem- bly claim the right of appropriating to the public service, accord- ing to their own discretion, the whole of the revenues of the crown accruing within the Province. The claim extends to the proceeds of all parliamentary and provincial statutes, whatever may have been the original conditions of these grants; — to the funds drawn from the sale of timber and of the waste lands of the erown ; — to all fines and forfeitures; — and to the income derived from the Scig- neurial rights inherited by the King from his royal predecessors. In fine, the authority of the local Legislature over the income and expenditure of the Province is declared to be so extensive, as to embrace every part of that receipt and outlay : and so inalienable as to supersede even the concessions deliberately made ^ preced- ing times by the former representatives of the Candian people. " Without raising to discuss the great constitutional questions which these claiim involve, I content myself with referring to the undoubted fact, that the Kings of England have at all times been, in right of the. crown, in possession of certain sources of revenue peculiarly their own, and of which they could not be divested, ex- cept by their own consent. In modern times, as is well known, the control of parliament over this revenue in these Kingdoms, has been established on the accession of each Sovereign to the throne, by a solemn compact made between the Crown and the Houses of Lords and Commons. — If therefore, the King were disposed to insist upon positive law, ancient practice, or constitutional analogy. His Majesty might readily vindicate his right to dispose of the ter- ritorial, hereditary, and casual revenue of the crown, arising in Lower Canada, towards the maintenance of the civil government in that part of his dominions. But, anxious to render his reign a blessing to his Canadian subjects. His Majesty is prepared to de- cline taking this ground, and to refer the decision of the question to the single test of the advantage or disadvantage to the Province, frith which the proposed cession would be attended. It. would be difficult to imagine any pecuniary saci'ifice which would not be wisely incurred in purchasing a peaceful settleiuent of the dissen- sions of the last fifteen years. ** If pecuniary interests alone were at stake, the King would not lesitate to make this cession permanently and without condition. They must ill indeed have underitood the character and policy of QuoB. of Finance. HouBQ of Assent, claim the right of appropriating all the revenues of the crown. Kings in England have at all times been in right of their crown, in possession of certain sources of revenue. His majesty may readily vindicate his risrh'.. to casual and territorial revenue, but is willing to re- fer the question to the abo»c tesi of advantage to be de- rived ky the province Pecuniary interest aloue have no wciglit 32 u^ witli his majetty iu objeutinK tu tlie cei. Hi:>u of tlia revoaue (ioiiiurulod. Great Dritain li.it expciidod 8uin!« in promoting CAjdges of tho Su- perior Courts in Lower Canada, independent aWke of the crown, for the tenure of their offices, and of tho representatives of the people for their annual emoluments. In the various documents al- ready noticed, you will find the history of those attempts, and a full explanation of the causes to which their failure is to be ascribed; yet a review of the Journals of the Assembly, will I think, con- vince you, that between that House and His Majesty's government, no real, or at least no irreconcileable, difference of opinions exst on this subject; — on the contrary, you wiilfind, that respecting the general principles on wlii'.h we must proceed, a perfect unanimitv has prevailed. It is fully admitted that the Judges ought to hold their offices, not at the pleasure of the King, but duiinggood be- hnrlour, and that their^official incomes should be paid, not at the pleasure of the popular branch of the Legislature, but from ade- quate funds, to be irrevocably pledged for that purpose. With respect ta the erection of a tribunal for tho trial of impeachments preferred against the Judges, no plan has been suggested, nor con- sistently with the principles of the constitution of the Province, could any scheme be devised, excepting that of bringing such Judges to trial before the Legislative Council, or before His Ma- jesty, acting on the advice of the judicial committee of the Privy Council in this kingdom. — Impartiality, with a perfect exemption from all local influences, is the first and essential attribute of any court which may be invpsted with such powers, and as the King o p«ace Aid ill a pctjo'en- js to be Britain, nada. loen ex- is, coni- L* on tho e Exec- riic real and ter- siijport ce, lesls to a pe- it would !, which F5 uncon- [)und not tho con- ipiilation it uf his Majesty he inde- e hiw. — !