IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 If 1^ 6" M 2.0 lA IIIIII.6 Vi signifie "A SUIVRE". le symbols V signifle "FIN". Mapa, plataa, charts, etc., m&y be filmed at different reduction ratios. Thoae too large to be entirely included in one SKposure are filmed beginning in the upper ieft hand corner, left to right and top to bottom, as many fram&j as required. The following diagrcjms illustrate the method: Lea cartea, planches, tableaux, etc., peuvent Atre filmte A dee taux de rMuction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est fiimi d partir da Tangle supArieur gauche, de gaijche k droite, et de haut an baa, en prenant le nombre d'images nAceitsaire. lies diagrammes suivanta illuatrant la mAthode. 1 1 2 3 4 5 6 ■i ]M E S S A G E , FROM HIS EXCELLENCY THE LIEUTENANT GOVEKNOR, OF 30th JA?iUARV% 1836: TRANSMITTING A DESPATCH FROM HIS MAJESTY'S GOVERNMENT. t PRINTED BY ORDER OF THE HON. Till: LEGISLATIVE COLNCIL. R. STANTON, PRINTER. ■iS IJJ- •m /J-^ ^/- -^-^ /, >-■ . ^^^d-" L.fi- L HIS E IJ PUINTEl I KM^^MMM M E S S A G E , F liOM HIS EXCKLLfclNCY THK LIKUTImN ANT (iOVEIl.NOR, OF 30th Jamarv, 18.3(3 TRANSMITTING A DESPATCH FROM niS MAJESTY'S GOVERNMENT. PUIMED BY ORDER OF THE HON. THE LEGISLATIVE COLWCIL n. STANTOX, PnilVTER. at I I F. B. HEAD. The Lieutenant Governor transmits to the Legislative Council the Communication alluded to in his Speech to the two Houses cf the Legislature, on the '27th instant. The Lieutenant Governor vas commanded by His Majesty to communicate "the substance" of his Instructions to both Houses of the Provincial Parlia- ment, but considering it would be more satisfactory to them to receive the whole, he accordingly transmits it herewith. Government House, 30th January, 1836. » CH, &c. Downing Street, 5th December, 1 835. Sir, I have tlie honor herewith to transmit to you n Commission, under His Majesty's Sign Manual, appointing you Lieutenant Governor of the Province of Upper Canada. You liave been selected for this office at an era of more difficulty and importance than any which has hitherto occurred in the history of that part of His Majesty's dominions. The expression of confidence in your discretion and ability which the choice itself implies, would only bo weakened by any more formal assurance which T could conv(;v to vou. M I In the following instniclicirM J Khali pre-.snppo8e your knowludiTu of many occurrences, tiie correct un- derstuntling of which ia essential to the discharge of the duties to which you are called, but which it is unnecessary for me to recapitulate. As, however, a more exact acfpuiiiitance with Canadian allairs is in- dispcusahle f(»r your <,njiuance in the administration of the (Jovernment of Upper Canada, I think it right to refer yon to those sources of information on which yon will be able Uiost safely to reiy. Aiuongst these, the first place is due to the Journals of the Legislative Council, and the House of General Asseml !v. The Appendices subjoined to the amnial summar/ of the proccediiurs of the two Houses contain a fund of infor- mation on almost every topic comiected with the statis- tics and political interests of the Province ; and to those reports von will be able to resort with fiir greater con- fidence than to any other source of similar intelligence. The Report of the Committee of the House of Com- mons of the year 1828, with the evidence, oral and docu- mentary, to which it refers, will also throw much light on the progress and the actual state of the questions agitated in the Upper Province. The correspondence of my predecessors and myself with the Officc^rs who have successively administered the Provincial Gove n- ment will of course engage your careful attention. In Upper Canada, as in all countries wiiich enjoy the blessing of a free Constitution, and of a Legisla- tun composed in part of the Representatives of the people, the discussion of public grievances, whether real or supposed, has always been conducted with an earnestness and freedom of enquiry of which, even und< >; •* f » when occasionally carried to exaggeration, 210 reason- able complaint can be nui'le. Tlie Representativea of the Canadian people, if {lepartinjT at times from iho measured style akid exact term^ in which the investi- gation of tnuh may [)erliaps be most successfully con- ducted, have yet, even in the a^it:iV"m of questions the most deeply ariectin<,' the interests of their Con- stituents, exhibited a stiuhous rosi)ect for the person and authority of tiieir lisovenMgn, and a zealous attach- ment to tlie principles of their balanced Constitution. Until the last Hetision of the Proviiicin,l Parliament the remonstrances of the House were chiefly confined to insulated topics of complaint: discussions, indeed, occasionally arose, and diacontr.it was occaoionally manifested; but it may be afli:aied that, generally, tlieir subsisted a s[)irit of amicable co-operation be- tween the Executive Government and the Legislature. The cessioi; jy His Majc^sty of the Revenues raided under the Statute 14th Cieo. 3. cap. 88. to the appro- priation of the House of Assembly was a gratuitous and unsolicited act, and was accepted by that body in a spirit of grateful cordiality. I will not pause to recapitulate the events which immediately preceded, if they did liot produce the interruption of this mutual good understanding. It is sufficient for my present object to observe, that the relations which Jiad formerly subsisted be- tween the Executive Government and the Represen- tatives of the people uiiderwcnt an entire change, immediately after the elections which took placn in the a'ltumn of 1834. The supporters of the Lc^al Government now, for the first time, found themselves - .- therefore, that as in such a country as Canada, there must exist a number of Public Officers, 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. 1 disclaim, however, on the part of the Ministers of ihe Crown every wish to urge these general principles beyond their just and necessary limits. There are cases in which, 1 think, according to the analogy of similar cases in this Country, the patronage now said to be exercised by the liieutenant Gcvernor might, with perfect safety and propriety, be transferred to others. On this subject, however, it ^^ill be mon.' convenient to state the general principle than to at- tempt the specific and detailed application of it at this distance from the scene of action. That principle is, to maintain entire, by the nomi- nation and removal of Public Officers, that system of subordination which should coniK^ct the head of tin; Government with everv person through whose instru- ..^ 11 '2, find ;)0(1. — )fficorf4 ;po»si- vvlucli lin the , down of the immo- 11 try as 'fficcrs, wealth iiist for le local sters of nciples ere are logy of )w said might, )iTe(l to e mor(.' I to at- ; at this B nomi- stem of I of th(! ' instni- inentality he is to ex(;rcisc the various delegated juc- rogatives of the Crown. — What is necessary for this end must be retained. Whatever patronage is unne- cessary for the maint(!nance of this principle, should he frankly and at once abandoned. It is iioiiced in the report, as an aggravation of the evils of the Government patronage, that almost every Public Olficer holds his place at the pleasure of the Crown. I cannot disguise my opinion, that the public good would be little advanced if the Subordinate Function- aries held tlieir places upon a more certain tenure. In practice indeed, though subject to certain excep- tions to be hereafter noticed, no Public Officer is in danger of losing liis employment except for miscon- duct 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 ouffht, therefore, to be followed bv a dismissal trom the public service. Nor is it necessa- ry to insist at any length on the evils which would arise in the transaction of business, if the Subordinate Officers were aware that they wore entirely indepen- dent of the good opinion of their superiors, for their continuance in tlieir employment. Tt is not difficidt to shew, in reference to any con- eeivable arrangement on the subject of patronage, tliat there will br dangers against which it is impossi- ble to take an nbsoluto and perfect security. I know not, however, that any less exceptionable scheme could be devised than thnt which at present prevail?! — 12 of giving to the Head of the local Government the choice of the Subordinate Officers, and of making their places dependent on His Majesty's pleasure. To prevent, however, as far as may be possible, the continuance of any well founded ground of complaint on this head, His Majesty, disclaiming for himself, and for his Representative in the Province, all desire to exercise, with the view merely to patronage, the power of appointing Public Officers, is pleased to prescribe for your guidance the following rules : First. — You will at the earliest opportunity enter into a diligent review of the Offices in the appoint- ment of the Crown and of the Local Government, as detailed in the report of the Committee and the ap- pendix, with a view to ascertain to what extent they may, without impairing the efficiency of the public service, be reduced immediately and prospectively. You will report to me the result of your investiga- tion, with 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 Offices, either by abolition or by consolidation, you will exer- cise your own discretion, as to waiting for fresh in- structions, or proceeding at once to the reduction. Any appointment, however, made under such circum- stances will be merely provisional. In case of the immediate abolition of any office not required for the efficient discharge of the public service, you will stipu- late for such a compensation to the present holderg i as the disappointment of their reasonable expectations may entitle them to receive. ThircUy. — In the prescribed revision of these offi- ces you will make it one of your objects to form a judgment, what share of the patronage of the Crown or the Local Government may safely and wisely be transferred to other hands. You will report to me on this subject, but will re- frain from taking any steps regarding it without fur- ther instructions from me. Fourthly. — In the selection of persons to execute public trusts, you will be guided exclusively by the comparison of the claims which the difierent candi- dates may derive from past services, or from [)ersonal qualifications. Fift/ih/. — In general, you will not select for any public employment in Upper Canada any person who is not either a native or a settled inhabitant of the Province. To this general rule occasional exceptions may be admitted ; as in cases where some peculiar art .or sci- ence is demanded, which no Provincial candidate may be found to possess in the requisite degree. An ex- ception must also be made in reference to those Officers who are immediately attached to your own person, in the choice of whom His Majesty 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- nual emolument shall exceed two hundred pounds, you v.'ill make the appointment provisional only, and j# 14 witli the distinct intiinalion to th(3 party elected, tluil his coidirmatioii will depend entirely on the estimate which His Majesty may form of his [)retensions ; and you will on every such occasion signify to me, for His Majesty's information, the grounds on which you have proceeded, and the motives which have directed your choice. If His Majesty should be pleased to issue under his Sign Manual, a warrant authorising you to make a grant of the office under the public seal of the Province, then, and not till then, the appointment must be considered as finally ratified. I trust, that in these regulations the House of As- sembly will perceive a sufficient proof of His Majes- ty's settled purpose to exercise this branch of his pre- rogative for no other end than the general good of his Canadian Subjects, and to prevent its being con- verted into an instrument of promoting any narrow, exclusive, or party designs. Secom). — Pursuing the order observed by the Com- mittee, I pass on to the subject of the Provincial Post Office. Adverting to the measures which have al- ready been taken lor the redress of the grievances which have been alleged to exist in the conduct of this department, tlu? Committee observe, "That the form of a Law^ sucii as tlie (lovernnient would ap- prove is before the Houses, but its provisions (they add) are so inapplicable and absvud tlifit no benefit could be derived from tlieir enactment." On the measure thus characterized 1 am not called to give an opinion. It is, however, but fair to those by wiiom it was reconimcndrd to the aduj)lion of the 4 15 , tlml liniato ;; and or His ii have [1 your > issuo yon to of tlio t must of As- Majes- lis pre- ood of ijjf con- larrow, ^. Com- al Post avo al- vaijccs I net oi' iiat the lid ap- s (they benefit t called those 1 of the f.oeal l.ejiirthiture, to obs( rve, tiiut it htul previously inideroone a most careful investigation by the Post Master General. His Majesty's Government cannot have the sliuht- est wisii to urge the adoption of any measure to which well fomided and sufficient objections may exist; they are content that the bill in question should be with- drawn to make way for any othei- which the Assembly may be disposed to substitute for it. Perhaps, how- ever, on approaching the question more closely, the Assembly may lind it encumbered v.ith unexpected difficulties. I fear that this will be the case, especi- ally in ref(3rence to the intercourse by post with all I)laces 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 tendered for your acceptance ; regarding as of no w^eight whatever, when opposed to the general conve- nience of the public, any considerations of patronage or of revenue derivable from this scource. TriiuD. — 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 pro- portion to the value of services rendered. It is unnecessary for me to enter inlo these details, because as to the general principles on which it '.HM be y(mr duty to act on questions of tliis nature, there can be no room for controversy ; indeed, those princi- ples will, 1 think, be most conveniently considered when divested of topics comujcted With the interests and the services of particular persons. .^ 1 i .1 I r There is iio meusv:re of rotrencliinent coinpiitihlo with the just claims of His Majesty's various otHcers, and with the etlicieiit discharge of the public service and duty, to which the King is not disposed to gi e a prompt and cheerful assent. To determine what ouffht to be the scale of remuneration to Public Functionaries of ditferent classes, woidd require in- formation too minute and exact to be obtained beyond the limits of the Province itself. This would appear a very fit subject for a special enquiry, in which it might be proper to employ Commissioners, to be ap- pointed under the authority of an Act of the Assem- bly. I have reason to suppose that the subject has never yet undergone a full and fair investigation, and therefore I do not feel myself entitled to assume the non-existence of those abuses which so readily grow up under a system which is not subjected to a careful scrutiny, conducted upon permanent and enlightened views of public economy. Even if the result of the examination should be only to shew that there is no evil of this nature to be remedied, the labour would be amply repaid, by placing go important a fact be- yond the reach of all reasonable suspicion. In dealing w ith existing interests, the Local Legis- lature will, I doubt not, be well disposed to adopt the rules which have been uniformly taken by Parliament for the guidance of their discretion in similar cases. The saving of public money which could arise from the unexpected reduction of official incomes would not only subject numerous families to extreme dis- tress, but by impairing general confidence in the pub- I t- t 1 i lie ciodit, would weukcii the foundatioiia on which ull proprietary ritrht must ultiinat<.'ly repose. The Kini| confidently relies on his faithful subjects of Upper Canada that they will not reduce His Ma- jesty to the distressing alternative of either abandon- ing the just interests of any of his servants, or opposing himself to meo^'Tres having for their object the reduc- tion of public expenditure. Fourth. — Next in the order of complaints, is that which relates to the amount of the Pension List- — On this, as on the subject which I have last noticed, 1 conceive that I shall best discharge my duty by at- tempting to provide against any future abuse, than by engaging in a minute retrospect of any which may have already occurred. I will not even j)ause on the comparison, not perhaps very accurately or necessa- rily instituted, between the conduct of the Central Government of the United States of America, and that whicli has been pursued in one of the Provinces of the British Empire, respecting the remuneration of Officers for past service. Such pensions as have already been charged upon the revenues which were at the disposal of the Crown, constitute a debt, to the payment of which His Majesty's honour is pledged ; nor need I state that there is no consideration so powerful as to induce the King to assent to the viola- tion of any engagement lawfully and advisedly en- tered into by Himself, or by any of his Royal Prede- cessors. On the other hand. His Majesty Is content that the most effectual security should be taken against any V 18 1. iniprovidtJiit iiicreaso of ilio PoiKsion List, by any futurfi ^^raiils, and is willing that a limit aiiould bo fixed by law to any chuvfro vvliic;h may licrcaflcr be imposed upon the Provincial Revenues on this account. 3 do not anticipate that the Assembly of Upper Canada would wish to withhold from the King the means of n;vvarding faithful and zealous public ser- vices, or would think it desirable that no provision should ever be made by His Majesty to solace the de- clining vears of those who have consumed in laborious public duties in the Colony the larger portion of their lives. You will, therefore, assetit to any law which may be tendered for your acceptance, of which the object shall be to regulate, on a just and reasonable scale, the amount of the future Pension List of Upper Canada, and to prescribe the principles upon which any pensions shall be granted. Ffftii. — I proceed to the subject of the provision made for Ecclesiastical Establishments, and for the maintenance of the Teachers of Religion of various denominations. On this head the House of Assembly maintain opi- nions, from which, in their address to His Majesty of the i3th of April, the Legislative Council have recor- ded their most entire and earnest dissent. The Re- port states, that " The House of Assembly in several " successive Par iments has expressed its entire dis- " approbation of the Government, in attempting to " uphold particular religious sects by money grants, "and in the 10th and 11th Parliaments has declared •' that it recognizes no particular denomination as es- *.,M 19 by any lould be •after be account. r Upper ung the iblic ser- )rovision D the de- aborious I of their iich may 10 object le scale, f Upper )n wliich )rovisioii for the f various tain opi- ajesty of i^e recor- rhe Re- 1 several itire dis- pting to { grants, declared )n as es- " tabiishod in Upper Canada with exclusive claims, *' [)ovvors or priviloo^es." It appears that the lour 'leligiouH Communities whoso fands arc aided by grants from the hereditar}' and tcrritorird Rivenue, are thoHo of the Churches of England and Hcotlnnd and Ronus and of the Wes- leyan Mcihodirt Society, th(^ last being in two divi- sions, which respectively take th' distinct appellation of the "Canadian anil the Jiritish." In the last Session of the Provincial Parliament a bill wao passed ly the Assembly, the object of which was to enable ccrtaii Commissioners to sell the Lands which, under tlie Constitutional Act of 1701, had been appropriated in Upper Canada to the maintenance of a Prot.istant Clergy, and to pay over the proceeds to the Receiver General, to be disposed oi under the fu- ture direction of the Legislature ' r the promotion of Education, and for no other purpose whatever. This bill was rejected by the Legislative Council, on the grounds noticed in the address from that body to His Majesty, and in a report from a Select Com- mittee appointed by them to take the bill into consi- deration, which re[)ort is enclosed in b r John Col- borne's despatch of the 2Uth May, No. 20. Your Predecessor and the Council agree in the opinion, that it is vain to expect the concurrence of the two branches of the Local I^egislature in any ad- justment of this question, and they, therefore, invoke the interposition of Parliament, which interpositio the Assembly, on the other hand, doprecale with rqiial earnestness. 20 The chief practical question, then, which at present demands consideration is, whether His Majesty should be advised to recommend to Parliament the assump- tion to itself or the office of deciding on the future ap- propriation of these lands. There are two distinct reasons, both of which appear to me conclusively to forbid that course of proceeding. First.— Parliamentary Legislation on any subject of exclusively internal concern, in any British Colony possesshig a representative Assembly, is as a general rule unconstitutional. It is a right of which the exer- cise is reserved for extreme cases, in which necessity at once creates and justifies the exception. But important as is the question of the Clergy Re- serves in Upper Canada, yet I cannot find in the actual state of 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 urgent danger to the peace of society, and presents no insuperable impediment to the ordinary administration of public affairs ; although a great evil, it is not such as to excludo every hope of mitigation by the natural progress of discussion, and by the m- fiucnce of that spirit which, in public affiiirs, not sel- dom suggests to parties alike solicitous for the general good some mutual surrender of extreme views, and some compromise on either side, of differences which i\t first sight might have appeared irreconcileable. T'ntil every prospect of adjusting this dispute within the Province itself shall hnve been distinrth exlinus- m present. ^ should issump- ure ap- distinct ively to subject Colony general e exer- cessitv ?y Re- in the would ring- to louses d, yet y, and dinary Lt evil, Ration he m- )t sel- ?neral , and ivhich 0. v'ithin ted, the time for the interposition of Parliament will not have arrived, unless indeed both Houses shall concur in soliciting that interposition, in which event there would, of course, be an end to the constitutional objections already noticed. The second ground on which I think myself bound to abstain from advising His Majesty from referring this question immediately to Parliament is, that the authors of the Constitutional Act have declared this to be one of those subjects in regard to which the initiative is expressly reserved and recognized as fal- ling within the peculiar province and the special cog- nizance of the Local Legislature, although its ultimate completion is no less distinctly made to depend, in addition to the ordinary submission to His Majesty, on the acquiescence of the Imperial Parliament. It is not difficult to perceive the reasons which in- duced Parliament in 1791 to connect with a reserva- tion of land for Ecclesiastical purposes, the special delegation to the Council and Assembly of the ri^ht to vary that provision by any Bill, which being reserved for the signification of His Majesty's pleasure should be communicated to both Houses of Parliament for six weeks before that decision was pronounced* — Remembering, it should seem, how fertile a source of controversy Ecclesiastical endowments had supplied throughout a large part of the Christian world, and how impossible it was to foretell, with precision, what might be the prevailing opinions and feelings of the Canadians on this subject a a future period, Parlia- ment at once secured the means of making a syste- mntir provision for n Protestant CIcrgv, and took full n precaution Pj-ai.ist the eventual inantitudo of iliat system to the more advanced stages of a society then m .ts infant state, and of which no human foresight could oivine the more mature and settled judgment. In the controversy therefore respecting EccLsiasti cal endowments which at present divides thoCmmdian l-egislatnro, I find no unexpected element of ngitat.on. the discovery of which demands a doparture from the fixed principles of the Constitution, but merely the lumiment of the anticipations of Parliament in 17D1 »> the exhibition of that conflict of opinion for which the Statute of that year may be said to have made a deliberate preparation, in referring t!,e .subject to 'he future Canadian Legislature, the awhors of t'le Constitutional Act must be D-.-pposed to have contsTi- platcd the crisis at which we have now arrl -ed ■ the era of warm and protracted debate, v.hich, in p' free government, may be said to be a necessary precursor to the settlement of any great principle of national pohcj' We must not have reeor.rse 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 withdrav from the Caiia- oian to the Imperial Legislature the ,,„estion lespect- mg the Clergy Reserves would be an inningeineni of that cardinal principle of Colonial government, which torbids Parliamentary interference except in submis- sion to an evident and well established necessity. Without expressing any further opinion at preseni on the general objects of the Hill „r last Session, I ll'".k the effect of ,h>„ Bill ,vo,.M. ..s ,t „pp.,r.= have i of that 'iety then foresight Igment. clesiasti- I^'anadinri igitatioii, from the n-ely the in 1791, 3r which made a bject to •s of the coiitem- ed ; the n a free 'cciirfior national extreme "his the liberate Cana- espect- nent of which ubmis- )reseni sioii, I ', have , 2'S been to consjtitule the Assembly, not merely the Arbi- ters respecting the disposal of the funds to be raised by the sale of these lands, but the active and indepen- dent Agents in effecting those Bales, and thus to invest them with the appropriate functions of the Ex- ecutive Government. HiXTii.— The report of the Committee next proceeds to the subject of the Land granting department. Admitting that Lord Rippon's Despatch shows that the grievances under this head have been in part re- moved, 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 advance further in meeting the views of the Assembly, thus briefly expressed, than by stating, that if any ambigu- ity can be pointed out in Lord Rippon's Instructions respecting the grant of Lands, it shall be immediately removed ; and that if His Majesty's Officers in the Province can be shewn to have disregarded those In- structins, it will be your duty to enforce the most prompt and exact obedience to them, to the full extent of their spirit and intention ; in so much that there shall in future be no doubt whether the grievances at which they aimed have or have not been completely removed. Seveivtii.— Respecting the Collegiate Institutions of the Province, the Assembly express their opinion that, '' the Upper Canada College is upheld at great public " expense, with high Salaries to its Principal Masters, " but that the Province in general derives very little 24 i "advantage from it, and that it might be dispensed " Avith." His Majesty's (jovernment can havo no wish to re- tain any charge for this Estabhshment wliich may be more than adequate to provide for the effective per- formance of the duties of the Teachers. Any wise retrenchment of that nature may, subject to the prin- ciples already mentioned, be immediately introduced. That the Province derives little benefit from this (yollege is a fact of which the explanation is to be found not in the principle of the Institution itself, but in some error of management, susceptible as it should seem, of an easy remedy. It is impossible to believe, that in Upper Canada, as in other countries, advanta- ges the most important would not result from a well ordered School for the education, in the elementary branches of Philosophy, Science, and Literature, of young men who aspire to fill the highest offices in so- ciety. Nor can I suppose it a light benefit thus to connect together the preparatory and the final studies of youth in one systematic plan, which by rendering the initiatory School a careful preparation for the Uni- versity may give to their entire education a character of solidity and consistency scarcely attainable by any other method. I shall, therefore, deeply lament the abolition of a College of which the defects would appear so re- mediable, and of which it does not seem easy to ex- agerate the benefits. On the subject of King's College an unfortunate difference of opinion exist?;, between the Council and a a a 3 Si iMpensed sh lo ro- i may bo live per- Lijy wise the priii- roduced. rom this is to be self, but It sliould beUeve, idvanta- [1 a well mentary iture, of es in so- t thus to 1 studies ;ndering the Uiii- liaracter ; by any lition of r so re- y to ex- jrtunate ticil and 25 the Assembly, which each of those bodies concurs in pronouncing incurable. His Majesty commands me to tender through you, his mediation on this subject. With the previous as- sent of both Houses the King will cheerfully resume the consideration of the question, in what manner a Charter could be most conveniently prepared, so as to promote the interests of Science and Literature, and the study of Theology and Moral Philosophy, with a due regard to the opinions which seem to prevail in the Province, respecting the proper constitution and objects of an University. But after having distinctly referred to the Local Legislature the duty of giving effect to thvjir own wishes on the subject, in the form of an act of General Assembly, His Majesty cannot, at the instance of one only of the two Houses, with draw it from their cognizance. Eighth. — The Committee complain that a very considerable proportion of the sum, amounting to £31,728. 18s. lid. expended in aid of emigration from Europe, was for " articles or services not speci- " fied, and concerning which a Committee of the " House of Assembly could know nothing, unless they " were to send for the detailed Accounts and Vouch- " ers, which, if they had, it would be impossible to " examine at the late period of the Session at which " the Government sent down those statements." In the appendices to the report, numbered 56 and 57, various items of this expenditure are noticed with ap- parent dissatisfaction. You will direct the Public Officers who have had the management of this fund, D i'O 4 lu cuinmimiralr lu ilic Uous(3 ol' Assembly, with llu* utmost po?e their respective .stations' ' """"''"'''' "'S'" an^ff^tttS™' or"" ".f'r '■"'-' ^ '-- «hat |.*!.,.,I ,1 ; '-esponsibilitv would be estah li^l-cd throughout the wl,„(e body of PubbV Offl '■'. l^'Pper Canada, from the hlL, to te ? ' ■■■•"l>""t the introduction of anv° ne. v nd ?"' ! ^'*' "'"'"' "'■ ■"■'''^•''»' "xporience. I' irTEn.vr,t,_I next advert to two subjects of (V, "ore „„p„rtar,co than any of thos" to ■ ' Ll I > halierlo adverted. [ r fc^" to the ,1 , '""''^ '" '"<■■ Report of the (': """' """^'' P'-'^ly d.-e-=s fro n tomnt.ttee, and partly in the Ad UIL.iS JlOIll tile '\s;f iar liave artly Ad- ng-es iors. i i I 35 and for the control by the Assembly of the territorial and casual Revenues of the Crown. On these subjects I am to a considerable extent re- lieved from the necessity of any particular investiga- tion, because claims precisely identical have been preferred by the Assembly of Lower Canada, and because in the instructions to the Commissioners of Enquiry, who have visited that Province, I have already had occasion to state the views which liave received His Majesty's deliberate sanction. The principles of the Government in the two sister Provinces must, 1 am well aware, be in every material respect the same. I shall, therefore, annex for your information, as an Appendix to this Despatch, so much of the instruc- tions to the Earl of Gosford and his Colleagues, as applies to these topics. In the prosecution of the enquiries of the Commis- sioners 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 Majesty to adopt a just and final conclusion upon the course to be pur- sued respecting them in both the Canadas. For this purpose you will supply the Commissioners with all the information which you may think necessary for them to receive, and with every suggestion 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 ultimately appear desirable, the Commission may, perhaps, b(3 directed lo resort to Upper Canada, thorn to pursue in concurrence with you.rself n more exact rncn.iirv into tlipsp snbiorts ^i than Uiey coi.lcl institute at Quebec, in reference to Earl of Gosford, and hts Colleagues, will be directed to enter mto unreserved communication with you tot So7 " """'^ •''"' '""'"'•'""'• •'»' -' --"ob- ject of common interest to the two Provinces. them "'„! J"'" r"' r',' ^'""'"" ^"•"•^'''f toward. I have thus in order adverted to every subject to ui riis Majest> s Government. You will commumcate to the Legislative Council, and to that louse, the substance of this Despatch, as containing he an wor winch H,s Majesty is pleased to make t: the addresses and representations which I have had tteirtX;!^"-^ him .om the two 1^^ i^ I trust that in this answer they will fi„d sufficient - ence of the earnest desire by which His ^^l Conncls are amn.ated, to provide for the redress of any gnevance by which any class of His Majesty^ Canadian Subjects are affected. I close this communication with the expression of y earnest hope, ...d I trust not too confident behef -hat the Representatives of the people of Upper Ca- nada will receive with gratitude and cordir; this renewed proof of His Majesty's paternal solicitude b he woltare of his loyal Subjects in that Province -am hat laymg asid,. all groundless distrusts, they' w cheorinlly co-operate with ,he King, and v ith Yon ?rence to oral, the directed you, not eiy sub- • towards and co- 37 H,s Majesty's Representative, in advancincr the pros- S;^ '" '''-''-'''' ^"^^ -'-^^^ portion ^X rsritish Kmpne. I have, &c. (Signed) GLEiNELG. bject to lied the ni will to that tainino- lake to 'e had ises in ficient iesty's ess of iesty's on of )elief, rCa- this e for ; and will )u as B:xtract from Despatch to the Comnnss^oners for Lower Canada, dated Domning Street, 1 1th July, " Amo ,gst the most pressing of these is the Finan- cial question, whieh !ias given rise to so protracted a controversy. After the several gradations through which this question has passed, it ),as at length assumed the followng shape : As Representatives of the people of Lower Canada, the Honse of Assembly claim the right of appropriating ,o thepnblic service, according o then- own discretion, the whole of the Revenues of the Crown accruing within the Province. The claim extends to the proceeds of all Parliamentary and Pro- vincial btatntes, whatever may have been tin- orioinal conditions of their grants ; to the fimds drawn from the sale of Timber, and of the waste Lands of the rown ; to all fines and li.rfeitnres ; and to the income derived from the Seignenrial rights inherited l.v the King from liis Royal Predecessors, li isory. In tine, the au- sa thority of the local Legislature over tlie income and expenditure of the Province is declared to be so exten- sive, as to embrace every part of that receipt and outlay, and so nialienable as to supersede even the concessions deliberately ^nade in preceding times by the former Representatives of the Canadian people. Without pausing to discuss the great constitutional questions ^vhich these claims involve, I content my- self with referring to the undoubted fact, that the Kings of England have at all times been, in right of their Crown, in possession of certain sources o^ revenue, pecuharly their own, and of which they coul not be divested except by their own consent. I modern times, as is well known, the controul of Par- lament over this revenue in these Kingdoms, has been established on the accession of each Sovereign to the Throne, by a solemn compact made between he Crown, and the Houses of Lords and Commons. If therefore the King were disposed to insist upon positive law, ancient practice, or constitutional analo- gy, His Majesty might readily vindicate the -vht to dispose of the territorial, hereditary, and casual Reve- nue of the Crown, arising in Lower Canada, towards the maintenance of the Civil Government in that part ot his dominions. But anxious to render his reign a blessing to his Canadian subjects. His Majesty is pre- pared to decline taking this ground, and to refer the decision of the question to the sinole test of the ad- vantage or disadvantage to the Province, with which the proposed cession would be attended. It would be difficult to imagine any pecuniarv sacrifice which would not be wisely incurred in purchasing a peaceful -ettlenirnf of the diss«'nt ions of tlie last fifteen vears. -V^: L If 39 pecuniary inteieats alone were at stak»', the K ould not hesitate to ™ako tl.is oo.sio,. ponnanenti; and w,tho,„ co„dm«„«. They must ill 'n.leed have "nderstood the character and policy of the British Government, uho n.ay have supposed, that the peace and well-bemg of this great Empire has been put to hazard m a prolonged contest with the most valuable of Its foreign dependencies, for the sake of a sum of money so n,significant as to be scarcely perceptible m the financial operations of Great Britain, and of no considerable amount even in these of Lower Canada l^urmg the progress of this controversy, there have been expended by Parlian.ent, fbr objects altogether l.ana,ban snms, con,pared with which, the utmost demand that has been made on the liberality of the Honse of Assembly for the support of the Executive Government of the Province, is altogether trivial. The real importance of connecting the surrender of the Hereditary and Territorial Revenue with some reservation or conditions for the support of the Civil Government, and for the administration of Justice rests upon grounds far higher ihnn anv which could be brought to a pecuniary measurement. There are oojects essentini, as it wonld seem, to the welfare of lis Majesty's Canadian subjects, which could not probably be secured if that surrender were made im- conditionaliy. In this view of the question. His Ma- .lesty ,s bound not to relinrpiish the oppropriation of funds which the Law and the Constit«tioi, have placed at his disposal, without making a stipulation, sug to admit, as open to debate, the question, whether one of the vital prin- ciples of the Provincial Government shall iergo alteration. The solemn pledges so repeatedly given for the maintenance of that system, and every just prepossession derived from Constitutional usage and analogy, are alike opposed to such innovations, iind might almost seem to preclude the discussion of them. But Ilis Majesty cannot forget, that it is the admitted right of all his subjects, to prefer to him, as the Ring of these Realms, their petitions for the redress of any real or supposed grievances. His Majesty especially recog- nizes this right in those, who are themselves nailed to the high office of representing a large and most im- portant class of his people. The acknowledgment of this right appears to the King to imply on his own part, the corresponding duty of inve^^tigating the foun- dations of every such complaint. His Majesty, there- fore, will not abso'utely close the avenue to enqui-y, even on a question respecting which he is bound to declare that he can for the present perceii^e no rea- ponable ground of doubt. His Maiestv will not refuse »^-; 48 to those who advocate such extensive alterations, an opportunity of proving the existence of the grievances to which so much prominency has been given. The King is the rather induced to adopt this course, because His Majesty is not prepared to deny, tiiat a statute whicli has been in effective operation for some- thing less than forty-tliree years, may be capable of improvement, or that the plan upon which the Legis- lative Council is constituted may possibly, in some particulars, be usefully modified ; or that in the course of those years some practical errors may have been committed by the Council, against the repetition of which adequate security ought to be taken. Yot, if these suppositions should be completely verified, it would yet remain to be shewn by the most conclusive and circumstantial proof, that it is necessary to ad- vance to a change so vital as that which is demanded by the House of Assembly. It must bo recollected, that the form of Provincial Constitution in question is no modern experiment nor plan of Government, in favor of which nothing better than doubtful theory can be urged. A Council nomi- nated by the King and possessing r- co-ordinate rio-ht of legislation with the Representative. ' of the people is an invariable part of the British Colonial Constitu- tion in all the transatlantic possessions of the Crov.n, with the exception of those which still remain liable to the legislative authority of the King in Council. In some of the Colonies it has existed for nearly two centuries. Before the recognition of the United ^States as an independent Nation, it prevailed over every part of the British Possessions in the Nortli American i^ 49 Continent not comprized wuUin the limits of Colonies founded by Charters of Incorporation. The conside- Son ought indeed to be weighty, vvh.ch .hould .u- - duce a departure from a system recommended by so long and successful a course of historical precedent. To the proposal made by that b^dy to refer the Jsideration of this question to Pubhc Convc .t.ns or as they are termed Primary Meetmgs, to be holden by t people at large m every part of the Provmee, His Majesty commands me to oppose l«s d.rect ue- gative. " Such appeals are utterly foreign to the principles and habitf of the B^tish Constitution as jstmg either in this Kingdom or m any of the Foreign Ue pendencies of the Crown. You will, therefore, apply yourselves to the mvest. gation of this part of the general f J- and endea vourin.' to ascertain how far the Legislative Council Tas "ally answered the original objects of its mstitu- Iron, and considering of what amendments it may be susceptible. . .i,„^ It is His Majesty's most earnest hope and trust, that i„ he practical working of the Constimt.on of the ProWnce, there will be found to exist no defects which Lyno 'be removed by a judicious -ercjse of t-e powers which belong to the Crown or which Parlia- ment has committed to the Provincial Legislature^ When your reports shall have been received. His Majesty v^ill take into his most serious considera o^ the quLtion, whether there arc any amendments m G 50 the law on this subject, which it would be fit to pro- pose for the consideration of the Imperial Legislature ; and which being founded on the principles and con- ceived in the spirit of the Act of 1791, may be calcu- lated to render the practical operation of that Statute niore conformable to the wishes and intentions of its iramers." A true copy. J. JOSEPH, 'i I ITO- ire; on- Cll- 11 te its \ I iMn^' I