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<2* <tT »^ M ») * * 
 t 
 
 (iPHEcni 
 
 OF 
 
 JAMES CHARLES GRANT, ESQUIRB, 
 
 ^1 
 
 ON 
 
 THE INEXPEDIENCY 
 
 AN ELECTIVE COUNCIL. 
 
 DELIVERED AT TATTERSALLS, 
 The 5th of APRIL, 1834. 
 
 MONTREAL: 
 
 THE Wh OF Al'iilL, 1834. 
 
 «s. 
 
i 
 
 E r A^^<s 
 
 I 
 
 ^ 
 
S P £ E C E 
 
 i 
 
 JAMES CHARLES GRANT, ESQDIER. 
 
 
 IJani«t Charles Grant, Esq. in proposing 
 I* third Resolution, remarked that lie 
 Joiced to see so vpst a concourse of his 
 lljHr.siihjecta ossembied to express their 
 ^approbation of the proceedings which 
 |«l, with «uch hazardous precipitancy, 
 «n adopted, to subvert the constitution 
 to establish in its stead an elective 
 spotism. To make laws for a people, 
 Buired the greatest degree of wisdom, in 
 i deliberate and sober exercise of reason ; 
 i'givers should be men of enlarged un- 
 k-standings, and bi well verseil in Instorv 
 ll philosophy. Let tliem look to Eng'- 
 Id ; could any people boast of a more 
 je nioi'alily, more steaoiness of charac- 
 or more wisdom in human affairs, 
 ^eers,) of subjects more attached to 
 ir country, or more true lovers of 
 idom, from the time of Hainpden down 
 |he days of those celebrate<l m.-n, now 
 liurke, I'iit, Fox, Sheridan and 
 ers. There have not been found among 
 ip great she has produced, not evni 
 pke or IWon himself, any one wli.> has 
 bght himnelf suHiciently wise as to sel 
 Iseif up as the bolou or Lycurgus of 
 Viay I'xperienco alone and the corn- 
 el wisdom of aues had done for Kua- 
 LwlmtnoiMiliviiiufdorclassofindiiiduuli 
 jever piesmiud to tieem tli..niM'lves 
 ►ble of doing. Like a ureHt and vene- 
 tree, tlio constiiuticm of Kni-li.nd |ih(1 
 loots i.i remote aniiquity, it hud been 
 ^itjg slowly and gradually from year to 
 
 » »', 
 
 year until it had attcined ita preient stats 
 of perfection. Not so with Canada; it wm 
 little more than lielf a century since aha 
 was rescued, poor atid helpless, from th« 
 tyrant giasp of her Intendants and Conseil 
 Soperieur, her petty despots of every de- 
 scription, and made to participate in Uie 
 inestimable bles-^ings of Briiibh rule. In 
 granting a constitution for her, the Imperial 
 Parliament adopted no new theory of Go- 
 vernment, but organized one on the baak 
 of iier own, with a proper distribution of 
 the powers of Goverismcnt. Under the 
 constitution the country has rapidly k»- 
 creased in prosperity, and his Majesty* 
 suiyects in this country, unburtliened witJ» 
 taxes, sLill continue to enjoy as much hap- 
 piness and political free<lom as any other 
 people on tlie earth, (cheers.) He did 
 not give tliis on his own humble authority - 
 he railed in to his support the authorilr 
 of tiie very men whose conduct they had 
 that day assembled to condemn. It was 
 the very leaders of the late majority of thtt 
 llon^ie (d Assembly, who had got up th» 
 pei.ion ,vhi,-h, they had said. »vas signed 
 by 8/,Uuit. in tliat petition they had de- 
 clared their eniiio «ati>fa<tion with the 
 c..nsi-!ori„n, and praye<l that the form of 
 (.overnmeiit as by law then happily estab- 
 li«hH<i by the Staiute :il Geo. Jl'l. rap. 3|, 
 ini-hi be pre-erved invi.daie to the peti' 
 iKM.-is itiiil th^ir po^teriiv. Su.-h theu 
 were, and, he ^ill,•el•ely believed, such coo- 
 tinufd to be, the wi^hea wf ihu gie«t 
 
■\K 
 
 ! I 
 
 Majority of the people of this province, an<l 
 also that the leaders and majoriiy in the 
 Assembly entertained tlie 8ain« opinions 
 until the events in France, and tlie efforts 
 of the factious elsewhere extended the ver- 
 tigo of revolution into Canada. Law- 
 givers sprung up annonj^st us like musii- 
 rooms, and this province became a hot b'^<l 
 lor consiiluiions. They wi-.uld perceive 
 that he alluded to the ninety-two Resolu- 
 tions, a printed copy of wliich he held iu 
 bis hands, and which would remain an 
 "imperishable monument" of the ambition, 
 •passion, violence, folly and political igno- 
 rance of its worthy framers. (ciioers.) 
 The only excuse they coulil offer for so 
 hasty a production, wa^, that they availed 
 themselves of the opinions of others, that 
 they had taken from their nei;;l»!>ours a con- 
 ■Utution ready cut and dry; tliey claimed 
 not for themielves the merit of paternity 
 but that only of adoption. He was pre- 
 pared to shew that the tVamer< of those 
 Resolutions were ii,'norant of the Amcricni 
 constitution, they di.l n:»t undi-rstand it. 
 The Statesmen of AnnM-ica who fram '(| 
 the constitution of thei: country, preserved 
 the theory of f^overnment under wliicli 
 they previously lived, differently modelled 
 from that of Enujland, but founded on 
 monarchical, aristoeratical and ilemocnitical 
 principles. By that constitution the powers 
 of government like that of Great Biitain 
 »ra placed in different bodies, which are 
 differently organised. The House of Re- 
 presentatives was composed of Mi'mbers 
 chosen every secouvl year by ihe people of 
 the several States. Tlie Senate of the 
 United States was composed of two Sei.a- 
 tors from each State, chosen by the Legis- 
 lature or sovereign authority, for nix 
 years. The Senate was thus diff^-rently 
 orcinised, giving it a more stable character, 
 • in order that it might operate as a proper 
 ©heck against the em.-roaching power and 
 ▼iolence of the popular branch. He would 
 enlarge still ftirther upon this suliject in 
 or«ier to shew the consequences that would 
 
 result from i.iaking the seconu brand H 
 
 their Legislature elective. The patriots w 
 constantly appealing to our neighbor 
 precedents for their extrp-'agiot and in» 
 measures, but he ivas prepareu to u 
 them o\\ their own ground. To prove 
 neceisity of a <lifferent organization in 
 two branches of the Legislature, he Wf 
 appeal to the highest American authorii 
 he would quote the hiirh rr.thorityof Ju ■ 
 Story, in 'lis cointren'aiies on t!ie coi 
 tiiiion of the U.ii:ei! States cf Amur 
 Tiiat learned Commer.tator in ireatin. 
 the Senate thus eloquently expresses i 
 self: " Anothe' and most important 
 vantage arising from this ingredient is. 
 great differerce wliiih it creates in 
 elements of the lWo bianches of il.e L'^ 
 latnre ; which i-otisiitutes a groat de-i 
 turn in every practical division of Legisl 
 power. In fact, this division (as has 
 already intimated) is of little or no in 
 sic vaiu:-, unless it is so or:,'anised, that 
 can operate as- n real check upon u 
 and rash legislation. If each ' ■ i 
 8iil)stantially framed upon the s . le , i 
 the ailvdiitages of the division are shal ^ 
 and imiginative ; the vi>ions and spc 
 tions of the brain, and not the wa 
 thoughts of Ntatesmen or patriots. 
 may bo safely asseited, that for all the 
 poses ot liberty, and security of * 
 laws, and ()f solid instiiiiiions, of pen 
 rights, and of the prtitection of proper 
 8in^'le branch is quite as good as tn 
 their composition is the same, and 
 spirit and impulses the same. Eacli 
 act as the other does ; and each will b 
 by some common influence of ambiii 
 intriiiue or passion, to the same (li^^ 
 of public interests and the sime indiffw 
 to and prostration of private rights 
 will only be a duplication of the c 
 oppression and rasimess with a dupln 
 of obstruction to effective re<liess. 1 ' 
 view the organization of the Sena? 
 comes of inestimable value" Ai,''t 
 «ays, " The improbahiiity of sinister! 
 
 
 _» 
 
;,„.„.„ will .>,.,. t.-npTr, ■: ::rrrpi™;it"r;'™r4H:;';";":^ 
 
 Jt'ie (lisMmil..rity of the gcmu. ot the two «"*' "' P'^^^ crein.lice, , ers.mal influ- 
 Ibodie.: «n.l then-fore every c..rums,ance ?-;•»';„ ^P^-^;^; g, .s J, which have 
 ?1 consistent wi.h har.nony ... a 1 pn.per mea- «"^«' «" /J ^ ;, ,;,„ ie„..e, to exercise 
 .ureH. which p..i..t. out a . ..t.nct or.am- ^ee f -a ^ « 1^^^^ ,„ ^., ,,3 
 
 wtion of .he c«mpo..ent .nat.M-.aU of each, a P"^^' f ■"". "," % .lecision is ..ot ho 
 i, ae^irahle." If nuch, therefore wouUl «.^;7"^;;- . ^ J'^J.'J ,,e„,„i,ie, of a law 
 be the effect of two bra.K-hes of the Le- hke iy ;' «-- « '-^; , ,. ;,, ,„,,,, 3,.., 
 giMature frame, on [''« ™ P'-' •" f i'^^'irgo he .leliherauon. a...l pro- 
 community such as the United States, ma. e "•« "" ' ^^ j , , , .evisi.m, of 
 wouUlit ..otbe «tiil greater in a socety »'^»' [ ^''^J^f^";,,"" j/^' n^^^^ .i,,i„g in 
 
 \Z.^ ^e^Iect^ :h;c:unte;;,oise of ,c., to avoid the F-|---- -J ^T " 
 irconstitution would he .h-stroye.! ; would the e, n... of ^''« " '^^ •';; '^eor 'ia can- 
 not both bran;-.heH he composed of the same g.sh.tures of ^',7'"^':"'^* house! The 
 ^teriaKa...! although fitting i.. d.^^ent ^^^ ,?;"^;;:i>'y:^i:,.ach tl^l^^d their 
 ch6.»bers woul.l they not .n reah.y form '"^'^'''' ^ «" »;~ ^i.j,,!, .^, ,|,e time, 
 butone IH..IV, and be alike operate.l upon P"-''^^'** '"'i^''''; '^^^" ^'^ J^, p„,,,ic a.dmad- 
 
 - ;:r:;;.it,tp™Sto^^^^^ M."y "p»"i»<i- »•*"%«:' ""■'":;;::' 
 
 r«rrf ll H °„tn,<,y. On. pre.t oH.e. tl.an on. l,ou,e w.. «=.l,-;. «.ul expe,,.,... 
 
 two houses acti..!r separately, a.id with co- write and publish his great wo. k.enmieu 
 o^lnatrpoSi/to de^:troy the e.il • A Defe..ce of thecon«t.tuuon,of G«mu- 
 
 y^ 
 
went of the United State*/ i„ ,vhirli h» 
 , rin.l.cates witl. mud, lear^i„^. „„,| MWtv, 
 
 j the value an.l nm-Mity of the ,|ivi.„„. of 
 
 the Le^,s,.,u,,. into two I., ancl.es. au.l of 
 I the d.srnl,u.,on „f the .Jiff..reni po^vers «f 
 
 the (Tov,.,„,„e„t int., ,|i.,i,K.t .le,,art.n..nts. 
 Herev,..«'e<l ti.e history a„,| examine.! th.i 
 eon.stnicno,, of all mixe.l an.l free Govern- 
 meniM, which hi:.l ever exi.te.l. from the 
 eailie.t recor.l, of ,i,„e, i„ «r,|er to .leduco 
 With more certainty an.l Corn- this , real 
 practical truth, that hin-le a.>emhlie.s with- 
 out clieck or l.alance. or a G..ver,.„„.„t »v,th 
 all authority collecte.l i,,,,, one CMitr... ac- 
 cnnhnir to the n..iion of .Mr. Tmuot,u-..re 
 mionary violent, intrijjuin.-, corrupt, an.l 
 tyrannical <l.,ininations of m,.j.,!iii<.s „ver 
 D.inor.ties n„,| unif.,ri.,ly an.l raj.i.llv tei- 
 
 aMnat,nir,|,eircar..er:„a pn.fli.ate .i..sp.>- 
 t^m, (cheers.) IJp „,i.,,t ,„. j,,,,, ^l^^ 
 
 this was n(,tappli.able; that, ahhon-j, the 
 Council were made elective, th.-y w.,.,I,| 
 have two separate hiaMch..s. Hut he 
 ;r»ste,l he ha.l ahva.ly sa,i.ti..,| ,I„m„ that 
 ,, I the (. ouncd an.l Assemhly I.ein,. ,!,.„ com- 
 
 ! po.e<l of ,|,e name ele,n..,„,s, an.i oru'Hni;:...! 
 
 nn.l framed on the same plan, would in 
 truth c<M,s,it,Me but one iH..ly, i„ ,yhu:U 
 wouh. be placed all the p.>w.M of govern. 
 ment without any cluck or n..stiaint. M.. 
 would a.k was ,|,at the ivovr-unent th.-y 
 -■^Ledfor? (No! no! from all quarters.) 
 rel such was the c.mstitutiou which the 
 i^atrmts wishe.l to eslab!i,h. Thev ha<i 
 
 theirownw,,r,!s for it, that, hey repudiate 
 the British Government. They ha.l their 
 o^vi, «.ords that tlnwo was M.uieihini,. on 
 Uie other si.le of the line f-nty-fiv^, of 
 which lh,.y were jealous. He truste.l he 
 ►'ad sat.sfie.l the meetinir that they were 
 ..•taliy Ignorant vf that of which they were 
 jeal., us. Cheers.) Jt was nut an ameli- 
 oration in the comp..siiion of the Council 
 the I atri.its were seekin- for, „ot a r..<lress 
 o» grievances, but a levolntiun, a d,..siie to 
 upset the G..vernment, an.l usurp all its 
 powers in their own unhallowed han.ls. 
 lii« rendermgtho Council ilmive would 
 
 he follovred by rendering the office a, 
 Governor also elective, i^hich would ai 
 once (hssolve the bon.l of connection be- 
 t ween this colony and the mother country 
 Anarchy and confusion would be introduced 
 atnonn; us. and they would p<.vern witi, 
 despotic tyranny. Let them listen to the 
 opi.iion of Mr. Jerterso.,, late Presi.leni 
 ol the United States, ii. his remarks on the 
 constitution of hia native state, Virginia 
 •All the powera of ffovernment, Wisla- 
 tive executive and ju.liciary. result to ih. 
 jejr,>iativo bo.ly. The concentratin;; these 
 u. the same han<!s is precisely the.leHniiion 
 ot a .h'spotic government. It will he no 
 alleviation, that these powers will be exer- 
 ns.;.l by a plurality of han.ls, an.l not br 
 a sin-le one. One Inindre.l and seventy- 
 three despots would surely be as oppressive 
 as one. Let those who doubt it, turn 
 their eyes on the republic of Venice. A „ 
 .•..-tive despotism is n.,t the ^r„vernment 
 uetou-hthn-; but one which should not 
 only be f.mn.led on free principles, but in 
 "■Inch the powers of povernmenl should be 
 Ko divided an.l balanced among several bo 
 
 
 •h.s of magistracy, as that no one coukl 
 transcend their legal limits without bein.r 
 ertecually checke.l au.l restrained by tlm 
 «"h<-.s. (Cheers.) So much therefore 
 i»v an elective legislature. He would not 
 trespass upon their time by calling their 
 attention to many of the Ifesolutions. but 
 here were one or two which ought not to 
 he parsed over in silence. He a.lverted to 
 the first, wherein a profession of loyalty 
 «n.l attachment to the British Empire was 
 ma.lcr.nd the conclu.lipg part of the 50th 
 wh.a.by the Kesolutionists, (in reference 
 to Mr. Stanleys despatch) .leclure "if 
 I'ey are understood as containing a threat 
 to in,,„.luce into the constitution any other 
 mo.lihcations than such as are asked for by 
 the majority of the people of this province 
 whose sentiments cannot be legitimately 
 expressed by any other authority than its 
 representatives, this house would esteem 
 "•elf wanting in candour to the people et 
 
 H_^ 
 
office df' ^ 
 
 oul(i ai Jncland, if it lipsitate«l to rail tlu-ir atten- jmk'PS, t!ie speakpr of »l»p liou«e of aMpn>» 
 
 lun 
 
 rountry, 
 oduced 
 ■n Willi 
 
 eHident 
 I on th« 
 irjfiniu. 
 leuisla- 
 
 , these 
 tiiiiiioo 
 l>e no 
 5 exer- 
 nut bj 
 verity, 
 ressive 
 I turn 
 . All 
 nment 
 id not 
 Jilt in 
 uid be 
 li bo- 
 couki 
 being 
 >y tlia 
 efore 
 J not 
 their 
 > but 
 lit to 
 s-d to 
 yalty 
 
 )Oth, 
 ence 
 
 "if 
 ii'uat 
 ther 
 r by 
 rice, 
 tely 
 
 itH 
 'eiu 
 ft 
 
 on to tbi. fRft that in less thmi twenty My has proved himself to he eillier 
 (ars, the |)o|iuIation of Amerira will he as tmitor to iiis eountry, or a hate catumnia* 
 urii irreater than that of Greet Britain, tor; it the thaiires were true, he was • 
 I l!iat <)f I5ii'i!<li America will he greater trairor to his country for iiol haviifj im- 
 to the lan that of the former En^'iisli colonies, penciled iliose aiiilty or accused of such 
 'hen the latter «leemed that the time was oflences, and if tho>e charires were uiifoun- 
 mo to «lecide ihat the inappreciable ad- ded he was a base caluiiini;itor for having 
 ntage of f;overiiiiig tletnselves in»tead of jjieferrcil them. In either «-;ise, >[r. Pa- 
 inj? fjoveriied, oU^lit to e stage them to pioeau had forfeited the confideme of every 
 to the I "puiiiaie a system of colonial governineiit, lionext man, and it wa« to he hopi-d that 
 hich was, {reiiei ally speaking, much belter at the next eeneral election he wovid b* 
 an that of British America now is." Ih? driven from that Ward (the West) ia 
 ve this as a fair sample of the whole. (lis:;iT •. [ciies of " Yi's, Ves."] He 
 hat a sequel to such a heginiiiiiir ! a tru>te(l he had saiil snlficieiit to satisfy 
 lireat of lehellioii made under the standard them that the desi-jn ('"the majority of 
 if pretended loyally. IJy this they mi;:ht tie assemlily was to acq .ire, and the ten* 
 dge of the wliole farrago of the nineiy- di ncy of the resolutions was to iiivej-t, that 
 ro. In reading it lie thouiiht he could briinch witii all the powers of government; 
 ear a young tiger growl ; in return for the tiiat imdy liad gone on gradually encroach* 
 enefits and favois lavi.<.hed uixm it, the ing npini the privileges of the other, 
 ferocious cull tells the IJritish (lovenimeiit : and had, as fai as it iiossihly <■ >u!(l, usur« 
 Wait ! within twenty years my claws ped their powers. Had ni.' tie assembly 
 ill have grown as long if not Ioiil'JT attempted to restrain, nay,he nii;:lit almosi 
 those of my grandsire, the Aineri- say. exercise the royal pieiogaiive. by re» 
 iger, or revolution of I77G, and fusing to grant monies for a jrieat publit 
 hen, then ! base lit itish faction 1 then- — "' impmveineiit, exci-pt tipo.. con. liiion that 
 i^e leJt it to Mr. Speaker Papineau commissioners should be appniiiicd other 
 to finish the sentence. (Loud cheering.) tlian those wlio had been previously ns- 
 ]|f this w- not eiiounh to satisfy them med (or the same purpose, ihouuh men of 
 «f the character and views of thelnajciriiy high cliaracter, intesrrity and standing, 
 •f the assembly, let ihem look to their and who had gratuitously disrhargcd the 
 
 Iroceedings during the last two 8essi<ins. duties imposed upon them to the advan- 
 lad they not endeavoured to paralj/e tage of the community and satisfaction of 
 the government by withholding the sup- the public [cheers.] They ha<l assumed 
 •lies':* Had they not contemned and tia- the judicial power liy etitei ing into neediest 
 duced the imperial government, His Ma- and expensive investiifanmis, nii<l in some 
 jesty's minister, the gtivernor in chief of cases had even procee<led to condemnatioB 
 the jiidvince, the constituted nuthoiities, and punishment, witlmut att'oi ding the par- 
 and particularly the judges of the land, ties so condeinne*! and punished an oppor- 
 Trace revoluti-ni to its source and it will tunity of denying the jnrisdiciion of the 
 invariably be found to originate in attempts assembly, or of being heard in defence, 
 to bring the administration of justice into and lastly, have they not assumed the 
 jContemitt. Nothing can be more repre- whole legislative authority by appropriating 
 I hensible than .he conduct of some of the money without the consent or<oncurrer"B 
 . menilieis of asseinldy in this respect. In of the otlier branches of tlie leuislatnre P 
 A LazHiiliiig the assertions imputing high [clieers.] Not only hatl the majority of 
 : Cfimi's a"tJ misdemeanors again«>t the the aeseinbiy threatened lebei lion, but tbey 
 
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 had actiihlly prorcetlcd to organize the 
 people hy cMi\^ upon them to form tliom- 
 •eives into committeps of corresipondence, 
 ftc. and lind pledged themsfelveH to reim- 
 burse, from out of the puhlic monies, 
 the expenses which may be incurred 
 by such committees. As the council no 
 douht wonid nt-rer concur in -iie appropri- 
 ation of monies for such purposes, he 
 presumed the amount require<l for the 
 object, as well as a cum suHicient to in- 
 demnify the deputy ambassador would be 
 included in the iiext contintrent account of 
 the assembly. Tlie spivit of usurpation 
 manifested by the assembly liad met with 
 r^sistanje on the part of the council, which 
 faad recently acquired a new character, and 
 was becoming more and more independent; 
 and forsooth, beciuse this branch of the 
 legislature hath performed the office for 
 which it was created, that of oeing a check 
 upon the intemperance aud violence of the 
 popular branch, the latterproposcd to anni- 
 hilate it at once, as being the only barrier 
 to the unlimited sway of the assembly 
 fcheers.] Would the nextelection better 
 our condition ? certainly not. Would that 
 meeting continue to remain any longer si- 
 lont spectators of tlreir own degradation, 
 be trusted not. [No I No ! echoed from 
 the crowd.] Then what was to be done ? 
 Although they were satisfied with the 
 ^eory and form of their goreromeut, the 
 
 intervention of the imperial parliament had 
 become absolutely necesxary, to apply a 
 remedy to the emb^rrusK, -mts in which 
 the government -jf the coiony tvaa now 
 placed, and it was to be hoped that such 
 amenc'.ments only would be made to their 
 constitutional act as wonId curb the vio- 
 lence of ilie assembly, and restrain its pow- 
 ers wittiin the limits prescribed to it by ths 
 constitution. He concluded the address by 
 proposing the following resolution, " That 
 this meeting re;.'ard with regret and alarm 
 thn tendency of the resoluiiuna c. the state 
 of the province, passed in the provincial 
 house of ass'?mbly, in thu month of Febru- 
 ary last and the addresses to the several 
 branches of the imperial ,jarliament found- 
 ed thereon, as embodying a deliberate 
 ar.d systematic av!>wal of the disloyal 
 spirit and revolutionary principles, which 
 under the auspice.i of a party have been 
 long employed to biing into contempt th* 
 constituted authorities of the province, 
 to paralyze the government by withholding 
 the supplies, to usurp the prerogative of 
 the crown by nominating executive func- 
 tionaries, to spurn the interventfon of th: 
 king's government in the person of the co- 
 lonial secretary, to establish a pure demo- 
 cracy on the ruins of the present constitu- 
 tion by the introduction of an elective 
 council, and virtually to efiect a disiuem- 
 bermenl of the empire." 
 
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