IMAGE EVALUATION TEST TARGET (MT-3) / o ,.v '^ 1.0 I.I ■•25 III lti|2£ 125 ■JO "^^ H^H ■^ liii 122 ^ |j4 ■■■ U 11.6 ^^>./ Photographic Sciences Corporation a7 \^>' ,V N> V >. 4^Jk. ^^^ \ «^ 23 WIST mM STRUT WIBSTtR, N.y. I43M (716) •7i-JjO? I/.. % CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques te- ft' elure. J I2X 1 2 3 1 2 3 4 5 6 ■ ^fim'i' ADDRESS 10 THK PEOPLE OF CANADA, ST THS REFORM ASSOCIATION; Adopted at a General Meeting, held at the Association Rooms, at Toronto, the 16th Day of May, 1844. THE HON. ADAH FERGUSSON, OF WOOOHILL, IN THE CHAIR. TORONTO: e fRltitED AT THE EXAMINER OFFICE. 1844. ADDRESS TO THB PEO.PLE OF CANADA, BT THB REFORM ASSOCIATION, ADOPTED AT A GENERAL MEETING, HELD AT THE ASSOCIATION ROOMS, AT TORONTO, THE 16x11 DAY OF MAY, 1844 : THE HON. ADAM FER6USS0N, OF WOODHILL, IN THE CHAIR. ' Fellow- Subjects and FcUow- Colonists : In the present condition of the Executive Government and of the public affairs of this Province we think it our duty to address you. Were that Government conducted vi'ith the advice of a Coun- cil possessing, or pretending to possess the confidence of your Representatives — to these Representatives vro should leave the task of discovering and correcting the faults and abuses of Ejie- tive povirer— well knowing that to you it may be safely left, to exefcise your elective franchise with patriotism and discretion, and through that means to obtain and preserve to yourselves the full enjoyment of the rights and liberties of British subjects. We know that if the destruction of the Constitution of this Colony wefef openly attempted, you would think no duty so sacred as that of tallying in its defence, and no sacrifices too great which might bte required in a cause so good and so holy. But open attenipts for such a purpose are seldom made : it is through the people themselves that their rights are most commonly invaded. To degrade a free people, their own assent is necessary : to procurs that assent no means are more usually resorted to, than the adoption of popular sentiments so qualified as to be practically useless, and the application of terms of reproach against the friends of the people, from which weak and timid men may shrink, and under pretence of which corrupt men may abandon the •ause r^ their country. These are the devices now used ; the like have Iiucl tciiiporary succesji in other countries ; tliey have more than once succeeded even in this. Whether you will bo betrayed by them again, depends upon yourselves. We, the Reform Association of Canada formed of, from, and by yourselves, for tlie constitutional defence of your guaranteed and acknowledged privileges, have assumed the duty of keeping watch over your liberties, because they are attacked from a quarter to which you should be able to look for protection and support. From the performance of this duty we are not to be driven by reproach or intimidated by threatenings ; — for the cause wo contend for is strong in your allections — and it is just, lawful and loyal. The grievances and discontents under which the Provinces which now constitute United Canada laboured, for many years arose either from the wilful misconduct, or from the eiTOrs of Executive Goveniments over which the iKnplc had no control. Popular complaints of bad Government in the Colonies, were listened to in the Mother Country tardily and reluctantly. When remedy was proposed it was inadequate — and evils sprung up faster than any means which could be used for their correction. The Colonies were always complaining of grievances unredressed, and the Imperial Government were continually in the condition of either denying redress altogether, or of attempting redress, without opportunity of investigation or understanding of the evils complained of In this unhap[)y state of affairs, the Imperial Administration, which had no interest to serve in the oppression of the Colonists, became hhntijuul with local mis-govcmmcnt. A constant contention and discord arose between the Local Legisla- tures and the Executive : this discord subsisted with a con- stancy possible only in mis-govei'ued Colonies ; — until at length nothing good was hoped from appeals to England ; and complaints however well founded were there unjustly sot down as symptoms of disaffection— as results of a secret desire for separation and independence. The people of Canada at length sought the true remedy. They discovered that they had not practically the British Constitution," and that without the practical administration of that Constitution, a representation in the Legislature was worse than useless. Relinquishing therefore altogether minor and endless complaints, they sought for the establishment of one simple, Constitutionaf and British principle, namely, that the Prerogative of the Crown in tb« Colony respecting local affairs, bhould be administered oj in England with the advice of ministers, who should hold them- selves responsible for the acts of Government, and who should not shelter themselves from a responsibility for such acts, while they chose to remain public servants, under the plea of ignorance, or of direction or command from any quarter. The people of Canada never sought in this system of Govem- ment the subserviency of the Representative of their Sovereign. On the contrary, they looked to whomsoever might be entrusted with the exercise of the Royal Prerogative in this Colony, for a careful and wise administration of tlieir affairs : for exposure of corruption if it should be found to exist : and for resistance of unwise policy, if such should bo attempted : they desired to place no blind confidence in any men, nor would they sustain any in wrong. And they knew that a Governor of this Colony could never in vain call upon them to consider with severe justice the counsel of his constitutional advisers. It was with great and almost universal joy that the people of Canada hailed the Resolutions moved and passed in the Legislative Assembly in September 1811. They looked upon these Resolu- tions, acquiesced in by Her INIajosty's Government, as confirming to them and to their posterity forever, under the guarantee of the Empire, the great principle of Responsible Govcrimient, The people of Canada saw with the greatest satisfaction this principle carried out under the udministration of the late lamented Sir Charles Bagot, and consented to by all parties in the Colony, who looked forward thenceforth to fair and lenritimatc Constitutional Government, conducted with the advice of known and Responsible Ministers, whose continuance in office would depend upon the maintenance of popular confidence, which would be the result of the success o^ their measures of Government, and would be withdrawn if these measures were wanting in honesty and discretion. The people of Canada saw with alarm and regret the resignation of the late Executive Councillors, forced upon them by a declara- tion on the part of Her Majesty's Representative of an 'antagonism' between him and them, on the very principle upon which they took office, and for the assertion of which the Colonists had so long struggled. They saw wifh alarm and regret that the Head of the Government asserted his right to act without the advice of his Council, or contrary to their advice, without involving the necessity of their retirement ; and that the assertion on their part of their responsibility for the acts of the Goremraent, (oid of A*. consequent necessity for their advice thereupon, was treated a* the requirement of a stipulation which a Governor should not make, and as an attempt to render the Queen's Representative • subservient tool in their hands. The people of Canada watched with great anxipty the prog^es« of the discussions in the Provincial Parliament consequent uppi^ the retirement of the Executive Councillors ; and the resotuto adhesion of the great majority of their Representatives tp the principles of Responsible Government Wfis received with joyfuj j^pclamatiop. The people of Canada lopked then to the Head of the Gorem- ment for a new recognition of thp system established in the Province — but they saw with disappointnrjent and alapn a feeble and unconstitutional attempt made by the Governor General fo .carry on the business of Government by his own unadvised and direct conjniunications with the Houses of the Legislature, and with the assistance of persons holding no position in which fhpy (QOuld be made answerable for the Administration of public affairs. The people of Canada daily heard the professions of the Head of tho Qovemment,of his adherence to the Constitution of C^'nada as interpreted by the Resolutions of the Legislative Assembly : aud they looked therefore for an immediate dissolution of Parlia- ment, aTid a new Election. They could not conceive the consist- ency of admitted Responsible Government with the administration of affairs without an Executive Council, or with a Council not possessing the confidence of the Legislative Assembly. Nevertheless this Colony has continued without such a Council from the month of December to this time, and so it may cpntinue for any indefinite time at the will and pleasure of the Governor General, according to his interpretation of your Constitution. This Association now publicly addresses itself to you, that we may fully understand each other ; and that, when the time at length comes, when it shall be permitted to you to exercise your Constitutional rights, there may be no misunderstanding or disa- greement, and that none may be deceived, or have the excuse of being misled. We think that the reiteration by His Excellenpy the Governor- General, of his wish and determination to adhere to the Resolu* tions of 1811, as the same are contrasted with His Excellency's ^cts, has scarcely deceived any one, though some persons whp w^erc onc« popular, and wlio owed their popularity to tlwir advo- cdc/ of RespoQdiblo Government, liavo made; His Excelloncy'd dedaratioua an excuse for supporting him, — and tho foundation of a pretence for adliering to Responsible Ci^overnnjeut likevyide. Wo ask you to observe that the bitterest enemies, both iu and ovt of Parlianjent, of tho system of Responsible Governraenf, ;liiid ojf (the Resolutions of September ISli, are now publicly sup- porting His Excellency, and admitting the principles hitherto denied by ^Uem.. They at the same time join with tho Governor- because he held himself) and not (hje Executive Council, renponsi- ble for the acts of the Government, and because ha was pleased to consider the claim advanced by the Council, to be advised with on all acts of the Government, an attempt to impair the Royal Prerogative, and to make the Governor-General a tool in the hands of the Council. The enemies of Responsible Government saw in this declara- tion of His Excellency a nullification of the whole principle of Responsible Government. For if the Government could be con- ducted without advice of the Council, the Council could not b« held responsible for the acts of the Government. And if the Governor could take the advice of any persons not in office, and act upon it in preference to taking the advice of the Council, those who had not the confidence of the Parliament had tha same opportunity of being advised witli as those who possessed that confidence, the advice of the former having the same chance of being followed as the advice of the latter. Then, if the Gov- ernor's individual sentiments on political subjects were those of the minority, he would under this system follow the advice of the minority : and consequently the Constitutional advisers of the Crown would be placed in open opposition to His Excel- lency, or else be forced to take upon themselves the responsibility and defence of acts of which they disapproved. If either of these cases could cxiat at the same time with the Resolutions of 1841, and with Responsible Government, there would be nothing in either, opposed to the views of the most ar- dent partizans of arbitrary power in the Province ; and as His Excellency undertook the task of making these circumstances co-exist, and of reconciling them by his interpretations, it was not for the enemies of Responsible Government to object : for accord" ing to His Excellency's views, they had been fighting with an empty name — and as the substance would be granted to them, they gave up the contest as far as the name was concerned. They in fact continued consistent advocates for the exercise of irres- ponsible power — for passive dependence on the will of a Governor; and they placed Responsible Government, in His Excellen- cy's interpretation of it, upon their banners, the moment they wei'e convinced that, accord! g to that interpretation, it meant nothing. For the same reason, that is to say, because, according to the interpretation of His Excellency, Responsible Government means ijothing, and because we contend for a substance and not for » shadow, wo oppose lh« viowa of Iliii Excellency. Th« Oovernor-Generul has tleclared, that he has, ever since lie came to this country, been acting upon the principles of Respon- sible Government as clcclai'ed in the Resolutions of September, 1841. He has nevertheless carried on the Government with a Council who hold office in direct opposition to the expressed opin- ions of the Legislative Assembly. "We hold it to be essential to a Constitutional principle that it should prevail against all opinion, and all considerations of cxpe- i^iency. His Excellency has admitted that the Resolutions cf 1841 con- tain constitutional principles, but they arc to prevail only when such shall be his will and pleasure. According to these Resolutions we hold that his Excellency was bound to find a Council who should possess the confidence of the Provincial Parliament. He does not say that he has found such a Council, but that he has been prevented from doing so by the efforts of persons who have opposed him. His Excellency may have been prevented in many ways from forming a Council who should agree rvith him, or who would con- sent to hold office on Jiis terms; but he could not by possibility be prevented from forming a Council who would possess the confi- dence of the Parliament, if he only felt or admitted the necessity of doing so. The Governor-General must therefore mean that he is prevent- ed from forming a Council possessing the confidence of Parlia- ment — because he can form no Council which pleases him, and which possesses such confidence. Thus the agreement of the Council with his Excellency's views, and with his pleasure, is made to form a part of the system of Responsible Government; and, as his Excellency thus justifies himself for conducting the governmeut with a Council not possess- ing the confidence of parliament, for several months — the same justification must be as good, for several years, or in perpetuity ; and the end is, that if his Excelle. cy cannot make the legislature and the people of Canada see with his eyes, and understand with his judgment, they ant not to have a Council possessing their confidence ; and thus, the constitutional principle of Responsible G^ , mment is made to depend upon his will and pleasure — from V loch it follows — that the people of Cunadahave his Excellency's 10 il: v:i1l and pleasure, wliich lie calla Respoiisiblo Guveiument. We are not surprised at his Excellency's adhercstice to tha Resolutions of ISil, with these qualifications : neither is it extra' ordinary that the enemies cl' constitutional government should uphoM his Excellency. Jiut we wish you to ask yourselves, What have you been contendin<5 so long a<^ainst, but the arbitrary und ill-advised will and pleasure of Gurcrnors, and whether you will be satisfied with a constitution held upon that tenui'e ? In one of the Governor General's late replies to a popular address, His Excellency has stated the intentions of his political opponents to be, that the whole j)ovver of the State should bo usurped by the Executive Council exercising undue influence over the House of Assembly, or by the House of Assembly exercising unlimited interference in the J'>xerutivc administration. We ask you to consider wl;at interference with a House of Assembly could be exercised by an Executive Council responsibl* to the Provincial Parliament, which could not be made to an equal or greater extent by a Governor General irresponsible to any power in the colony ] Whether you have not a iri'oater power to control and check undue interference with your representatives proceeding from att Jlxecutive Council, than if the sai-.e proceeded from a source ovep which you possess no control whatever ? We ask you again to consider, whether the interference of your representatives in the Executive ail ministration is not the great end and object of the system of Responsible Government And whether you are prepared to uphold an arbitrary authority, over which you have no control, fur the puipose of preventing this interference. We ask you, the people of Canada, what crime have you com- mitted, what incapacity are you willing to acknowledge which should deprive you of a x'ight enjoyed by every nation and people on earth who possess free institutions : namely, the right of inter- fering with the Executive administration ? Is this the British privilege, which cannot emignite^ to v. colony ? Your fellow sub- jects in England have a constitutional government which inter- feres in parliamentary business, and a House of Commons which possesses influence over Executive administration. The extent of that interference, and of this influence, is regulated, not by arbi- trary power, but by the moderation j id good sense of a free and enlightened people. We claim for Canadian colonists the same power of regulation, in their own local aftairs. We ask you, do you disclaim and disavow it ] The (:iueen of England exercise!* no arbitrary authority to save her parliament from the influence of her constitutional advisers, or her constitutional advisers fr(>m the interference of the people's representatives. Are you in or. 'h a condition as to require the exercise of power in the handj o* the Queen's Representative here, which her Majesty does not use in her Imperial Government ? The argument of .Sir Charles Met- calfe must be founded on his opinion of your not being intelligent, prudent, or trust- worthy ; he theiefore requires p power in himself 11 wulcnown to th« British Constitution. The power which ho requires is, that of preserving you from your own elected repre- sentatives, and from Councils in which they have conHdence; in ct^ner words, to preserve you from your own evil designs upon yourselves. We ask you whether you admit such designs, whether you ackpQwledge such clanger, and whether your apprehensions on ^these points are so strong that because of them you are induced to forego and surrender the British Constitution ) The Governor General asserts, that the constitution of Canada is the same as that of England, so far as the same can be adminis- (tered in a colony. IVe understand the dift'erence to consist in .9ur want of power to interfere in matters affecting the empire at large, questions of peace and war, or external trade and com- merce. The difference as asserted by the Governor General goes further. In a colony there must be a power unknown to tho j$;7tish Constitution, and constitutional advisers who may be con- sulted or not, at the Governor's pleasure. Tho Governor General has beer pleased to aMude, on many occasions, to the want of an aristocracy in this colony, and to put ^his want forward as a reason why you should not be enti'usted with the full enjoyment of tho British Constit\ition. Of the sound- lyess of his reasoning you will be the judges. We shall not attempt, on this occasion, to establish or to contro- vert tlji,e benefits of an aristocracy in Church and State. If you want it, an aristocracy may be set up in reality as well as in name. You have only to consent to a Church Establishment, and to become tenants to noble families, instead of being proprietors yourselves. Do this, and you will forthwith have an aristocracy. We admit, you have not one at present, but we ask you, is it therefore you should be deprived of the rights and liberties of British subjects. In England there is a House of Lords, spiritual and temporal, .which, not\^'ithstanding its fonning a branch of the Legislature, and notwithstanding the great wealth and influence of its mem- ■bers, is rarely found to disigree with the popular House of Par- liament, and which is never found to attempt the upholding an administration which ha^ not the confidence of the House of Commons. We ask you whether there is a necessity in this colony for a Legislative Council to exercise a greater degree of control or interference than is known to be exercised by the House of Lords in England. Is it becausje the Legislative Council have less influ- ence, that they should exercise more power. Is there any consti- tutional principle applicable to colonies, which requires the exer- cise of ppwer in an inverse proportion to natural political influ- fitxce. In England, peers of the realm are created by the Sovereign, fvith the advice of ministers, to whom the confidence of tho Com- mons of England is essentially necessary. We ask you, is there any thing in the constitution of Canada, 19 li lit 1 tl or in its coiuTition, wliich requires th« uppointment of Legislatir* Councillors in a mode ditterent from tliut observed in the creation of peers in the Motlier Country. We ask you, moreover, upon what ccnistitutional principles the want of a spiritual and temporal aristocracy should deprive you of constitutional government. Are not the interests of the landed proprietors, the interests of the Commons of Canada ? Are not these interests as efficiently protected by the Commcms of Canada, who are themselves propri- etors, as they could be by the exercise of unadvised or in-esponsi- ble power in any quarter ? If the interests of the landed proprietary can be guarded by th« people themselves, we ask you, what other interest is there in Canada whose protection requires the existence of an aristocracy ? And we ask you, morevcr, whether the want of an aristocracy, in any manner justifies the withholding from you the one great principle of Responsible Government, namely — that your public affairs should all bo conducted, with the advice of officoi'S having the confidence of your re])rcsentatives in parliament'? You arc told by the Ciovernor General, that we who recom- mend you to adhere to advised, responsible, and constitutional government, seek to bring about a separation between this Colony and the Parent state. We utterly deny this charge. Wo recognize in the fullest manner the authority of the imperial Government and Parlia- ment, and their right to govern, without question, all our affairs in which tlioy can jiroj^erly have any interest. We only ask that the peo[)le of this country should influence th« government of their own local afl'airs and interests, matters in which the Imperial Government can have no inducement to inter- fere ; in which they never have interfered against the will of tho Canadian people, without doing mischief; and in which they can- not interfere by supporting tho Governors of this country in the exercise of arbitrary jiowor, without invading the constitution of this colony, nor without a withdrawal of the Responsible Govern* ment hitherto supposed to be solemnly conceded. We are firmly of opinion that the ])eople of this country onjoy, in their connection with the IJritish empire, protection, assistance, freedom, and happiness which loaves them nothing to envy in other countries. We feel a loyal attachment to our Sovereign, a love for the British constitution, and a determination that, so far as we can make it so, the connection of (Janada with the British empire should be perpetuated. We see nothing hostile to this connec- tion in the enjoyment by Canadians of the rights of Englishmen, and nothing to strengthen it in the possession of irresponsible power in the person of our Governors. W^e are neither to be led away from our allegiance by unfounded charges of disaffec- tion, nor driven from our just claims by unfounded insinuationM regarding our intent and purpose. We seek what we profess to «eek, — the enjoyment of the British constitution. We seek to enjoy it according to its own letter, meaning and «pirit, not as it 13 May be measured by the vague assurynces of Governors. \Va feel that the people of Ciiiiada may and ought to he entrusted with Buch a constitution; if thoy are chaiged with not being loyal, intel- ligent, and discreet enough to enjoy it, that they should be told so distinctly, and not bo asked indirectly to assent co their own degra- dation, or under the forms of the British constitution to submit to the dominationof authority irresponsible to them, and inconsistent with all principles of free government. The Governor Geneial assures you that there is no reluctance on his part to consult with an Executive Council, — that with any Council that seeks the good of the country, and does not strive to degrade the office of Governor to the condition of a mere party tool, it is his Excellency's intcniion, as well as his duty and prac- tice, to consult on all subjects'; that every Governor must be sensible of the advantage he would derive from the aid, advice, and information of councilh^rs and heads of departments, in whom he could place confidence. But he speaks of the majority of the people's repi'esencdtivcs for the time being, as " any party which may acquire a temporary ascendancy." We have nothing to do with the (lovcrnor General's reluctances, inclinations, sensibilities, or confidences. We cannot admit that it is by these our Constitution is to be interpreted. But we see in the use of these terms avirtunl denial of Constitutional government. Our object is, that the (rovernor should have advisers, — that these should have the confidence of the people's Representatives — that they should be strictly responsible for all the acts of the Executive Government while thoy continue to hold office. The reluctance, or absence of reluclannc in a (.rovernor to con- sult these advisers, can never bo a question, — for ho is bound to consult them. Neither can their being consulted or not rest upon the Governor's opinion as to whetlier or not they seek the good of the country. Tiiey are responsible for the acts of the Govern- ment, and should at all events be consulted; and neither the great majority of the present Legislative Assembly, nor any greater or smaller majority can, so long as the Governor acts with the Par- liament, without an insult to the country, be treated as a party having acquired a tem[)orary ascendancy. If the Governor General supposes the majority in Parliament does not express the vipinion of the constituency, it is his duty, not to insult, but to dis- solve Parliament : And if the people uphold the opinions of their representatives, all constitutional rule of judgment as to public opinion would be lost, if Governors were at liberty to stigmatize it as temporary. The Constitution has given a mode and means for the deliberate expression of the wishes of the people, and a Constitution would be a worthless form of words which would permit such expression to bo slighted whenever evil advisers shoidd presume to insinuate to a Governor that it was temporary or inconsiderate. The Governor General is pleased to announce that the Consti- tution, as established by Lord Sydenham, and by the Resolutions of 18il, he is using and shall continue to use. u 1,1 if '1 We cannot 8U[)posQ tliat his Excellency means to assert that his })teserit Advisers possess the confidence of Parliament — the opinionr of Parliament, on this subject, has been already most unequiro-