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RELATING TO THE EXISTING DIFFICULTIES IN THE PROVINCIAL LEGISLATUBX ON FINANCIAL MATTERS, IN CONNEXION WITH. THE SUrfORT 07 THE OlVXb ftOVERNMENT OF THE FROTINCE. n'. 0JEBEC: : PRINTED BY T* CARY & CO. FREEMASONS' HALL. ■ ' i«/ * \ . fej "S h lo ;?g. iSfy^ MmvMtrc^id^ of the British GoveroiQeDt shall be siis^i^e^and -^fl^^^Mii % *.;-■ / m 4 lawfully supported, unless it accede to sach terms as the popular branch shall think i>roper to dictate— annually dictate — in the application as well of those monies already appropriated by Act of the British Parliament for the support of the Civil Government of the Province, as of those annually to lie voted to supply for that purpose the deficiency required by the Government. The .question is also, whether the terms dictated and insisted upon, are consistent with the principles of the mixed Government undsr which we live : — whether by a compliance with them, the Government would not divest itself of that right by wiiich it is sovereign, and governs permanently in the Province, and thereby staking its existence on the annual and preca- rious will of the people, become a Government on mere sufferance, — to be supported or cast off, just as it might suit the temper of the people, or the fancy of the times ; — in a word, whether, in such a case, while we vainly imagined ourselves in the enjoyment of the advantages of a mixed constitu- tion of government, consisting of three branches, — we should not be essen- tially a Republic, governod by one branch, enforcing republican maxims through the agency of two other branches submitting to its dictates : — in semblance, a mixed Government ; — in reality, a Republic. There can be no question that the concurrence of the three branches is necessary to the appropriation of all unappropriated monies levied on the subject in this Province, whether by Act of the British Parliament or of the Provincial Legislature. The (Old) Quebec Gazette goes, however, a step further, and under the latitude of its position, implies, that in practice the consent of those three branches is also necessary, as well with respect to the monies that are already appropriated for the support of the Civil Go- Ternment, (and as such, exclusively belonging to the King for that purpose) as with respect to the unappropriated monies : that is, — that the monies appropriated, no matter by what authority, (whether of the British Parlia- ment or Provincial Legislature) towards the support of the Civil Govern- xnent, cannot, nevertheless, be applied to that purpose without the special direction and appointment of the House of Assembly, whose pretensions, in the way the above question is stated, are not so apparent as their reality requires. If they really were as unpretending as they there lie modestly couched among the rights of the other branches, they would not be of any great moment. The question at issue, however, is not whether the consent of the three branches be necessary to the appropriation or payment of monies levied in the Province, and at the disposal of the Legislature, for about this there can be no question : — But the question, which really is " still at issue, let it be stated in whatsoever form the human mind can devise, is reducible to this ;" Shall the fund already appropriated by Act of the British Parliament towards the support of the Civil Government of the Province, be now disappropriated by the Jiat of owe (the popular) branch of the Pro- vincial Legislature, and the whole Civil Government thereby disor- ganized, to be again put together and upheld in such way as that branch shall dictate ? The question rather relates to the repeo/ of an Act which has alrea ipropriate * While in dispul while the open and \ most sen ! when th« J all is co^ bien. L trouled undoing those brt repeal o when it plea of excusab' Altho great lati derstand Governi be con Hi The I duties, I and Act priated. disposal Thetl III ch. 1 of whicl fititnte a • The that they appropri the Adn They do beentaki to the A applying " Thn " ing, I •• paid " Recei •« first I '•' penae " in the " jesly's •• herel •' hand '< dutie »♦ shall '( ditpo opular branch cation as well Parliament for annually to he Government, sted upon, are idsr which we nt would not 9 permanently lat and preca« ranee, — to be people, or the hile we vainly ixed constitu- not be essen'* lican maxims dictates : — in ee branches is levied on the Tient or of the )wever, a step n practice the ith respect to the Civil Go. that purpose) it the monies British Parlia- Civil Govern. }ut the special e pretensions, urent as their they there lie hey would not t of the three )nies levied in this there can issucy let it be ■ible to this ;" ih Parliament nee, be now of the Pro- ereby disor- s that branch in Act which hat already made an appropriation^ than to the enactment of a law to ap' propriate :•— to the undoing^ rather than the doing of a legislative Act. While the " inherent rights of Britbh s'jhjecls'* are held up as the object in dispute, let us see whether such be really the case, and take care lest, while the aasertersare preaching for rij^hts, they are not themselves the most open and daring spoliators of them. The assertors of rights are not (he most scrupulous in the world of committing wrongs, — atrocious wrongs,— when their interests av their passions are engaged. According to them, all is covered under the healing maxim of un petit mal^ pour un grand hien. Let us keep in mind our indubitable right to the free and uncon. trouled opinion of three branches of the Legislature to the doing or undoing of every legislative act or law ; and that every attempt in any of those branches to force its will upon the other, either in the enactment or repeal of a law, is a flagrant violation of our rights. That such an attempt, when it is made, is not the less odious because done under the speciouft plea of nsserting the inherent rights of British subjects ^ nor the more excusable because done in their name. Although the question^ as laid down in the (Old) Quebec Gazette, is of great latitude, the whole article is pointedly levelled a. the existing misun> derstanding with respect to the expenditure for the support of the Civil Government of the Province, and the present article shall, therefore, also be confined to the same subject. The public monies levied in this Province, consist principally of import duties, upon articles of trade imposed by Acts of the Imperial Parliament, and Acts of the Provincial Legislature. Some of these monies are appro- priated. Others of them are unappropriated, and as such remain at the disposal of the Legislature. The duties levied in the Province under one of the British Acts (14 Geo. Ill ch. 88) amount annually to about twenty-five thousand pounds sterling, of which one-fifth goes to the Government of Upper Canada. These con. stitnle a fund, which is by that act appropriated* towards the support of * The Assembly pretend that Ihey do not question the appropriation, but insist that thoy have a right to appoint and direct the distribution of it, tor the purposes of its appropriation, i e j to appli/ ihe fund in such items to the several offices connected wMii the Administration of Justice and Civil Governnieni, as they shall annually di' '. They do not, however, satisfactorily account fur (lie way in which this assumed right ;i:t:i been taken from the Lords of the Treasury, in whom, by the Act it is vested, to bt- given to the Assembly. The Act itself may be consulted to advantage, as to the right of appluing the fund in ({ucsiion, for which purpose the following extract is given, viz :— " That all the monies that shall arise (except the necessary cnargcg of raising, collect- " Ing, levying, recovering, answering, paying and accounting for the samej shall be ** paid by the Collector of Plis Majesty's Customs into the tiands of His Majesty's " Receiver General in the said Province for the timp being, and shall be applied in the " first |)Iace in makjng a more certain and adequate provision towards paying Ihe ex« '*' pensesofthe Administration of Justice and of the support of the Civil Government " in the said Province ; and that the Lord High Treasurer or Commissi uners of His Ma- " jest]/'s Treasury, or any three or more of them for the time being, shall be and is or are " hereby empowered from time to time by any wairantor wairants under his or their *' hand or hands to secure such money to be applied out of (he said produce of the said " duties, towards defraying the said expenses; and thiit the residue of the said duties *' shall remain and be reserved in the hands of the said Receiver General for the future " dispoBition of Parliament." i \t:\l I * i { i 1 ( i ) \ \ 6 tlw Chil GofcnraiMt of ths Prorlnee of QnebM) now tho ProfliMMui of Upper Bad Lower Canada. There is aUo an appropriation of about iif« thousand pounds sterling, annifklly, towards defraying the Administration of Justice in tliis Province, by an Act of the Provincial Legislature (34 Geo. Ill ch. 0), which sum, with so much of the proceeds of the former Act as appertain to Lower Canada, amounting together to something like twenty-five thousand pounds sterling, constitute a permanent fund for tho permanent support of the Civil Government of this Province. The duties imposed by the British Act were in tteu of other pre-eiisting duties, which at the time of and previous to the conquest, were levied in the Colony and appertained to the French King. By. that event and by treaty, they devolved upon the King of England, but were discontinued by tiie act mentioned, which imposed others (as they now exist) in their stead, establishiog these as a fund, to defray the Administration of Justice, and for the support of the Civil Government in the Province. Besides these, there are other monies levied in the Province, to a very considerable amount, as well under British as Colonial Acts, but being unappropriated, they of course remain at the disposal of the Provincial Legislature. With respect therefore, to them, there can be no doubt that they cannot, in the words of the (Old) Quebec Gazette, '' be disposed of without the consent of thr Representatives of the people, the Legislativt Council and His Majesty, forming the established legislative authority of the Province,*^ nor has this doctrine ever been denied. But the dispute does not relate to these unappropriated monies. The pretensions, as already observed, go much farther. They go to dispossess the Government of the appropriated fund, which, although held by the King long before the present Constitution of the Province, is not now to be applied (if these pretensions are to prevail, and they are the preiensions of the Assem- bly on/y) without the consent of the three branches, although this doctrine is insisted upon but by one of them, the two others disavowing it. — Nay, further stHl,r-the Assembly urging these pretensions, which the other izoo branches, as respects the fund in question, utterly disclaim and resist, contend that without their authority and consent any application of the oionies of that fund is not constitutional — implying, by this subtilty, that the want of their authority and consent to a pre-existing law (the ena<;t« ment of a higher authority) is of itself sufficient to suspend and repeal that law. This fund consisting of duties substituted for others, to which the King fcad, in the opinion of Parliament, an undoubted right, the Government of the Province has hitherto applied, as far as it would annually go, for the purposes of its appropriation, that is io say, towards defraying the adminis- tration of Justice and the salaries of the Civil Officers. The Assembly have annually had a statement of the manner in which the fund has been ap- plied, but the Government has according to La^ (14 Geo. IIL cb. 88,) uni- formly denied that body all controul over the application of it, as not being of their gift or grant, but held indepcadently of the Provincial Lcigislatnre. Tho If 1810 to ment to be suppl monies by the c( tkey hav \ text cam people, t hgiilativ Here the Assc the Civi acted up Civil Li any sum unless t be of the With funds, i Govern! direct tt however directini branchei case do on wha holding the risk oan one Butt except I away fr qoate a I beholde said, th dispens course < branchf previou payabh appoini Civil G assume fund, t jdkonies noniea i e Proflneoi of 1 of about fif« Administration legislature (Si 8 of the former lomething liks it fuod for th« er pre-existing were levied ia t event and by UscorUinued by in their siead, f Justice, and nee, to a very cts, but being ttie ProTincial no doubt that be disposed of he Legislative r authority of ut the dispute retensions, as e Government Bg long before be applied (if of tlie Assem- li this doctrine nng it. — Nay, ich the other Im and resist, ication of the I subtilty, tbaA f (the enact- ad and repeal hich the King rovernment of ly go, for the ; the adminis- rhe Assembly I has been ap- ch. 88,) uni> ;, as not being d Leigislatnre. i Th« ifiideqti&cy of tile f«nd, tad the Toliintary offer of the Assembly la 1810 to assume the charge of the Civil Government, induced the Govern* nent to call upon the Assembly In 1818 to this effect. The deficiency to be supplied by the Provincial Legislature, coming from the unappropriated monies of the Province, cannot be otherwise constitutionally obtained, than by the concurrence of the three branches, as. these we funds over which they have an absolute controul, and which therefore, in the words of the text cannot be disposed of idthout the consent of the Representatives of the people f the Legislative Council and His Majesty, forming the established legislative authority of the Province. Here however, two main difficulties have arisen. In the first instance, the Assembly will only vote the sum which they may deem necessary for the Civil List, annually ; refusing to adopt the principle recognised, and acted upon in England, at the commencement of every reign, to fi.n the Civil List for the King's life. And in the second place, they will not vote any sum out of the unappropriated monies in aid of the appropriated fand, unless the latter, which is not of their gift, as well as the former which is to be of their gift, be applied as they think proper to appoint and direct. With respect to the supply which might be given from the unappropriated funds, in aid of the appropriated fund, towards the support of the Civil Government, the general doctrine that the Commons may limit, appoint and direct their grant as they may think proper, is in some degree applicable. If however, the terms and conditions (under pretence of the appointing and directing right) on which the supply is offered, be such as the other branches cannot accede to, so much the worse,— the government must in that case do as it can. If the Commons will not give what does belong to them oA what the other branches consider constitutional terms, it is with* holding their own, — withholding it perhaps too tenaciously : — possibly at the risk of dissolving the Government, — but still it is nithholding their oton ond nothing more. But this is not all. As if it were not enough to withhold their own, except upon terms inadmissible by the other branches, they would take away from the Government that fund which belongs exclusively to it, inade- quate as the fund is, towards its support, and for which it is in no wise beholden to the Provincial Legislature. In prosecution of this proj.^ct, it is 8&id, the consent of the three branches of the Provincial Legislature, is in- dispensible to the application of the appropriated fund. But in the usual course of legislation on money matters, before this consent of the other tzeo branches is to be called for, the popular branch are to exercise their previous right of directing, limiting and appointing the several salaries payable out of this fuud r and in the exercise of this directing, limiting, and appointing power, the right of excluding altogether certain offices of the Civil Government, (in existence years before the present constitntion,) is assumed by the Assembly. It is to this power to be so exercised over this fund, that consent in the other branches is wanting. It is not because Hkonies are applied teithout the consent of the three branches, but because monies otcr which the Assembly have no contru^!, bdog alrefidy appropria- l\ * 8 ted and applicable under an Act of the Imperial Parliament, are appUed without their consent, which the previous appropriations have rendered unnecessary. The other branches will not consent to the dictate of the Assembly for disappropriating monies belonging to the King, under a pre- tended right in the latter to apptj/ (hem, and this is what the Old Gazette calls a question about disposing of monies toithout the consent of the estab- Ushed Legislature^ as if to dispose of their own and to dispossess the Crown of its nionies, were not very distinct propositions. They think proper to dent/ the right of the Government to apply Its own fund to the purposes of its appropriation, 'and assume that right themselves. This right the two other branches in turn deny to be in them (the Assem- biy), and upon this denial by the ttco othor branches, of such an assump- tion in the popular branch, the Old Gazette, with a hop, skip and jump peculiar to itself, leaps into, and intrenches itself behind the doctrine to which it has reduced the question, as if the doctrine would justify every excess attempted under colour of it. It is because the tiao other branches of the Legislature refuse their assent to this measure for dispossessing the Crown of its hereditary revenue in the Province, by the Assembly, with a view to the re-application of it, according to the dictate of that body, diminishing some and excluding other salaries altogether, that we are told the question at issue is, as stated in the quotation at the head of this article. It is because the two other branches refuse their assent to repeal a law, by which the Crown has the entire and sole disposal of the fund in question, and to place that fund at the entire controul of the Assembly, that the question at issue is thus misre- presented in the Old Quebec Gazette. Some well meaning and otherwise well informed persons led astray by the light in which the question is put, and which taking for granted as properly put, warmly take up the doctrine laid down in it, as if it were denied in the abstract. They never dream that the doctrine promulgnted, and (he practice attempted to be introduced un- der cover of that doctrine, are at variance and repugnant ; — that while they are told with much assurance, the question is reducible to this simple one " shall the monies paid by the inhabitants of the Province he disposed of without the consent of the Representatives of the people^ the Legislative Council and His Majesty, forming the established Legislature" it never- theless essentially is a very dilTerent one, and that in preaching this, other very extraordinary and unconstitutional pretensions are on the part of the Assembly urged under pretext of this reasonable position. They are not aware that the " inherent rights of British subjects^* are but rallying words to mislead the nnwary, and that not these rights, but the rights of the King, equally important to the .peace, welfare and good Government of his subjects, as their own, are the real matter in contest : — they are not sensible that the question is not as pretended, about disposing of nionies without the consent of the Legislature: but rather, to constrain two of its branches to co-operate with tlve third in dis- possessing a rightful owner of his property ; — less a question about giving- iOf than taking from ; — not about the disposal of roooies by a law to be i passed \ to take by the hfanches point CO branch a ated moi much th ! It is u I Old Gas 1 not also I to His i\ controul any thin the R«>pi Who Legislati In the the usual obtainini abolition superced nothing. The dire that. IJ proper t royal coi pension, honour t Instead ( constitui entitled, wave all he were lation, w abroad a The ^ Colonies to have ( in any o ated as i practice and appt Uppe have ne there, w I case pre It, areapptted j have rendered dpasied with content of the three br»nehet of the Legislature : bot aetoallf dictate of the ito take away monies already dUpoied of by law, and to abrogate that law ) under a pre- I by the sole ^at o( one o( those branches. While the coMftfn/o/' Me /Are* le Old Gazette I tranches to the disposal of moniea paid by the inhabitants, is held out as tha il of the estab' I point contended for, the struggle is for ditpossessing by the dictate of one less the Crown I branch against the consent of the two others, the gOTernment of its appropri* ated monies. The consent here alluded to in the Old Gazette, is not so > apply Its own ' much that which is necessary to the making, as to the breaking of a law< ht themselves. | It is upon such a case, and with respect to matters so situated, that tha n (the Assem- j Old Gazette, forsooth, raises and reduces the question quoted. May it not also be reducible to the following ?— Shall an Act of Parliament giving to His Majesty monies, over which the Parliament had an unquesttonabia contrnul, towards the support of His Civil Government, be abrogated by any thing short of the consent of the King, the Legislative Council, and the Representatives of thepeople, forming the Legislature of the Province ? Who does not know that the consent of the three branches of tha Legislature is as necessary to the repeal, as to the enactment of a law. ? In the convenient practice to be introduced under this reduced doctrine, the usual constitutional courtesy, of addressing the King for the purpose of obtaining His Majesty's free consent for the reduction of such salaries or abolition of offices, as the popular branch may deem unnecessary, is entirely superceded, and His free will and judgment on the subject is to go for nothing, as if He had no such will or judgment to exercise in the matter* The directing and appointing power is every thing, and He must yield to that. His honor, and faith to old servants, (whose offices he might think proper to abolish upon an address, submitting reasons to that effect, for tha royal consideration,) and their claim for some remuneration in the way of a pension, or otherwise, are to be of no account, as if no such faith and honour existed, or if existing, not to be respected by the popular branch. Instead of uptiolding that consideration, to which as one branch of tha constitution and the head of the Executive Government, the Kint; is entitled, and for the good of his subjects even bound to sustain, He is to wave all pretensions to an opinion of his own, as if in such matters nona he were entitled to, — cease to be a free agent, nor have even a veto in legis- lation, when the Erecting and appointing power were in array and went abroad against him. The writer in the Old Gazette appeals to the practice of the other Colonies. He ought in this respect to have been a little more explicit, and to have given a few instances. There is reason to believe that no practica in any of them (with respect to monies so appropriated, and similarly situ* ated as the fund in question,) would bear him out in the dispossessing practice he alludes to, as attempted to be introduced under the directing and appoiniina, system. Upper Canada participates in this very same fund in question, yet wa have never understood that the directing and appointing power prevailed eh an assump* kip and jump le doctrine to justify every re refuse their ditary revenue plication of it, and excluding le is, as stated the two other )rown has (he e that fund at I is thus misre> and otherwise aestion is put, p the doctrine ver dream that ntroduced un- ; — that while to this simple ce be disposed he Legislative re" it never- ng this, other the part of ion. subjects'* are se rights, but welfare and ?al matter in s pretended, ^islature: but third in dis- about giving- a law to be there, with respect to iti application. The practice in that. Province, in a case precisely similar to our own is directly agsinstthe Old Gazette :— -I' B \-/ ■• i^ 10 not, let the proof be brought forward. In that Province there is cause Ui believe that the Crown Fund, as it is there catted, consisting in part oil these very monies levied in Lower Canada, and appropriated under the 14th Geo, III, ch. 88, is subject to any order of His Majesty's Govern^ ment, and this to the entire exclusion of the Assembly. The casual an^ territorial revenue in that Province, corresponding to the revenue under the| same designation in this Province is held to be in no way under the con* troul of the Provincial Legislature, and no account of it has hitherto been! rendered to that Body except by Special Permission on a recent occasion J which therefore is no precedent. Are the people of Upper Canada less sensible of their " uncontrovertible'^ rights, or less disposed to assert and] vindicate them, if in question in this matter, than the people of Lower! Canada ? There is cause to believe, that in Nova>Scotia, the Assembljrj distinctly admit all monies raised in the Province, by Act of the British Parliament, antecedent to that of the 18 Geo. lif, ch. 12, to be beyond] their controul, aod as such, not subject to be appropriated by the Provincial Legislature.* Tlie case is of course different with respect to' monies levied there by Acts of the British Parliament, subsequent to that date. It has been seen, in the preceding part, that the real, question is not about the concurrence of the three branches of the Legislature to an act of appropriation, for disposing of monies levied on the people of the Province, but rather about disappropriuting and dispos. sing the King of a fund lawfully appertaining to him -.—that it is not so much a struggle about the manner in which a supply is to be given to the King, in aid of the fund appropriated towards the support of his Civil Government in the Province, as about the most etfectual means of talcing azcaj/ the inefficient fund He already possesses for that purpose ; — that it is not so much to enable the Government to be constitutionally carried on, as totally to paralt/ze it, to the end that it may be again put in motion at the^a^ of the Assembly, un- der the directing and appointing system. — That the matter, as stated in the Old Gazette, is not in fact the question, but the question in disguise. The Assembly insist that /Aey shall appoint and direct the application of the fund appropriated and belonging to His Majesty for the support of his Ci»il Government of the Province ; but from this assumption, tending to dispossess the King of a revenue he holds independently of the Legislature of the Provhue, the iico other branches formally dissent. It is this dissent from such an assumption in one branch to disappropriate the fund alluded to, and applj/ it as they please, that gives rise to this sophisticated misapplica- tion of the query brought forward, to wit, ^^ shall the monies paid b^ the inhabitants of the Province be disposed of without the consent of the estab- lished Legislature ?" — which in point of fact is not «he question. The question is not one of disposing of monies by appropriation j but one of tpoliution. The reader, it is hoped, distinctly sees the difference between the doc- trine held out as the matter in dispute, and the point really in question, as atteovpted to be practically carried into effect under colour of it j^ — thatth* * £•• not* (A) at til* •nd. tctrine b lid Gaxe xtice a minting ri It was f ich a pra rith respe tse dixit loints. On the \nA re sea >ropriate( laps a hi '.xecuttve if the Ass If the kit Urecting irecedent The A! ibserved, Ihisir direi Fund ; bu issttuie til 'rovince n as wel rince arc rreater p there rem It may opointin ippropria leap intt the Ci"l in which lamn) c The G jthe SessI « I have ^tocall « I ordinary I pursuant * Governi the Bumi ernmeni tically Jjesty's I f be uecc 11 (here is cause Ui !sting in part oil •ated under the ajest)r»8 Govern,! The casual and iTcnue under thel under the con» itrine by oo meant justifies the practice aimed at ; — ^and that when th« Id Gazette speaks of ^^ the practice of the Coloniety** it cannot be such a 'actice as the one intended here under the pretended directing and ap« ioting right and power of the Assembly orer the appropriated monies. It was for the Gazette making the assertion, to tiave shewn instances of eh a prac/tceiu any of the Colonies, as that contended for in this Province, -. ith respect to appropriated monxes. In the total absence of proof, ita las hitherto beeDVfe dixit must go for little or nothing on this, as well as on some other recent are content with exercising ture to an act ofsheir(/f;'ec/{ng-and appointing right over the supply they give in aiWof this of the Province, >er Canada less d to assert and people of Lower the Assembly t of the British f^ing of a fund uggle about the aid of the fund in the Province, fficient fund He h to enable! the i paratj/ze itf to und ; but over the fund itself they have never assumed, nor attempted to ssume the least controul. Whether it is that the people of the Upper rovince understand their rights and privileges in the Constitution less than, r as well as, the people of this Province ; or that the people of this Pro- ince are by peculiar privilege and favour entitled to the exercise of reater powers in the Constitution than they, casuists may determine, if here remain a doubt on the subject. It may be interesting to trace the rise and progress of the directing and Assembly, ati' Appointing doctrine as understood with respect to its application to tho as stated in the Appropriated fund ; for it did not, like Minerva from the brain of Jupiter, 1 disguise. peap into its present perfect shape. Other anomalies that have arisen on application of the Ci'il List are also worthy of notice, in order that the reader may ieo ! support of his on which side the misunderstanding (if it can properly be palliated by that ion, tending to name) exists. the Legislature The Governor in Chief, Sir John Sherbrooke, in his speech, on opening t is this dissent-^ihe Session of the Legislature in 1818, said with respect to this matter, und alluded tOy |« I have received the commands of His Royal Highness the Prince Regent, ted niisapplica- j to call upon the Provincial Legislature to vote the sums necessary for the ss paid bj/ the I ordinary annual expenditure of the Province." He also added, that in I pursuance of these directions, which he had received from His Majesty's I Government, he should order to be laid before the Assembly an estimate of I the sums which would be required to defray the expences of the Civil Got- : ernment of the Province during the year 1818, " and," said he— cmpha« Itically addressing himself to the Assembly,— •" I desire you, in His Ma- ^ jesty's name to provide in a constitutional manner the auppliek which will of the estab [uestion. The 1} but one of ween the doc- in question, as r It J— that tb* f be uecessary for this purpose.** t j,y- S k « ii '?,; {( ' ^ it i I? By thli speech then, be acqoidnted the Legislature that he wu com- manded to call upon them '^ to Yote the sums necessary for the ordinary annual expenditure of the Provincef" which he desired the Assembly to provide for <* in a constitutional manner." What was the manifest mean- ing of these latter words ? — Clearly it was, that manner which by the praC' tice of the mother country, had been established as the constitutional man- ner ; — That constitutional manner by which at the commencement of every reign (since the Revolution,) the ordinary annual expenditure of the Civil List is, once for all^ fixed, and limited for the Ring's life. It is not annually to be provided during the King's reign ; — but the annual expett' diture is at the beginning of each reign to be provided for, fixed and limited, once for all, during the whole reign. This is what the Governor must have understood : — the constitutional practice of the British Par- liament. These words of the then Governor in Chief hare subsequently beea inverted, and woefully perverted from their plain manifest sense and mean- ing, to suit the doctrine since set up and insisted upon by the Assembly with respect to the Civil List. But to return, The estimate for 1818, as laid before the Assembly to gnide them in their vote for the supply in aid of the fund already at the disposal of the Government, amounted in all to j|^3,646 8. 0, currency, to meet which, the Government estimated the probable amount of its appropriated fund for (he year, at ^33383 currency, leaving a balance to be provided forj of ^40263 8s. 9d. currency^ out of the unappropriated funds at the disposal offthe Legislature. Much time was expended in debate on this matter, but the Assembly, finally concluded by an address ** representing to His Exceliencyj that the *< House having taken into consideration His Rxcellency's recommendation ** on the subject of the expences of the Civil Government of this Province, « for the year 1818, have voted a sum not exceeding j^40?63 8, 9^ cur* <^ rency, towards defraying the expences of the Civil Government of this « Province, for the year 1818, exclusive of the sums already appropriated << by Law ; but that the peculiar circumstances which have prevented the *^ House from receiving at an earlier moment the estimate of .the Civil List, *^ Revenue and Public Accounts ; and the advanced state of the Session, not admitting the passing of a Bill of appropriation for the purpose, they pray His Excellency will be plehsed to order that the said sum, not ex- ceeding J^40963 8 9, currency, be taken out of the unappropriated^ monies which now are, or hereafter may be in the hands of the Receiver *{ General of this Province, for the purposes aforesaid ; and assuring His ** Excellency, that this House will make good the same at the next Session ** of the Provincial Parliament.'* By this vote no assumption was pretended. The manner in which the Civil List should be provided for, whether annually^ by a vote for that purpose, or '' in the constitutional manner" of voting, once for all, *' the sums necessary for the ordinary annual expenditure of the Province," as expressed by the Governor's speech, was indeed undetermined, and open |r further ^ting an i bed in th bntedthe rhich in itionalmt 9to play, 'spossessii Iretended Jo such tl Dunds we DUnds we Imitation |her direi he expem |te or TH lien, the s In the f |een, in d rom the u laid ** toa incefor ti kY LAW F kalf« with lither Hot lount ta |)pointm«f It is ala( > aid of tl against of this DEa AI PBOVIN i-om all i lie Impel With tl lave cont pecifyinj Emitting t tvas prete Iheordini er how i vas urge ^nd accoi This w lid not ii iDce bee 11 t he wu com- r the ordhary B Assembl}^ to nanifest meaq- ih bif the prac- •Uutional mati' iment of eveiy re of the Cifil fe. It is not annual expen^ for, fixed and the Governor e British Par- qqently beea ise and mean- Assembly with S;aide them in Isposal of the » meet which, iated fund for OTided for^ of t the disposal ie Assembly, ncyj that the' ommendatibn hi« ProTJnce, 3 8, 9y cur* ment of this appropriated irevented the he CiTil List, the Session, mrpose, they sum, not ex- appropriatec^ the Receiver assuring His next Session 1 which the vote for that •rail, "the rovince," as 1^, and open ir further consideration: bnttlr- : waanp expre88i9i| of the HQ;iseindi4K . iting an intention of deviating f the " Constitutional Manner" as prai^ sed in the mother country. TLc ** peculii^r circumstances" alone pre-? ;nted the Assembly in that Session from providing for the Civil List, vhich ir. 1810 they had spontaneously offered to assume) " in the const;hf ttionalmanner.'" The directing skad appointing T\^^^t had not yet cQm«; ito play, with respect even to the unappropriated monies, much less thf ispossessing pretensions with respect to the appropriated fund, and the. Iretended right of directing and appointing its application to the Civil L«t.. To such things were.yet thought of seriously. Forty thousand and some odd' mnds were asked for by the Government, and forty thousand andsome odd; )und8 were accordingly granted it, by the Assembly, without any other tmitation than that it should not exceed ^40,263, 8s. 9d; currency^ nor iher direction or appointment than that it should go " towards defraifing \e expenses of the Civil Government of this Province for IS-IS, exolu* |VE OF THE SUMS ALREADT APPROPRIATED BY LAW." Up tO this period^ len, the JM»w already appropriated bi/ law were inviolably respected. In the following Session of the Legislature (1819) this snm, which- had leen, in consequence of the Address of the Assembly, advanced and talfea l-om the unappropriated monies in the hands of the Receiver General, and laid " towards defrajfing the expenses of the Civil GovernmerU of the Fro^. fncefor the year 1818, over and above the sums already appropriated: fY) LAW Foft THAT PURPOSE," was made good by an Act passed in this be* lalf, without any reference in the Act (and indeed without any d^bateipv ^t her House) as to the precise application which had been made of the nount taken and paid on that vote, nor question about any directiou or >pointmenfying every item or salary attached io each office for the year, i.oti Emitting the smallest of them, as well as the contingencies to each. It |»as pretended that this was the ^'constitutional manner" of providing for the ordinary annual expenditure of the Civil List in this Province, no mat« ?r how it might be done in England, or in other British Colonies ; but* it ^as urged, nevertheles, that the course now adopted was analogous to ind accordant with the '^ practice^' of the other colonies in the like case. i This was the beginning of the directing and appointing doctrine. But it. fid not in this Session extend to the dispossessing perfection to which it hac Ince beencarried. 11x9 appropriated fnad under the 14th Geo. III. cb^ mm^ u •^ 88, was not immediately attempted to be directed or appointed In iti appti' cation ; nor was the supply in aid of it to be given out of the unappropriated monies. All mention of both these funds, and any distinction between appropriated and unappropriated monies was studiously avoided, that the controul of both mijjht be encompassed by general terms. Accordingly, tho Bill which the Assembly passed on the dccasion, provided generally, ** that out of the Public Monies which now are or that hereqfter shal( come into the hands of the Receiver General of this Province, ihefoUowing sums of monei/ shall be appropriated^ and shall be res- peciively paid, to defray the expenses of the Civil Government of this Provinccyond the salaries of the several officers hereinafter mentioned, from the 1st day of November^ 1818, until the 3\st day of October, J8I9, inclusively. The retrenching and excluding power was, however, exercised in the omission of certnin offices, which, (no mention of them being made in the Bill,) were therefore to be considered as extin- guished on this account. Under the general and comprehensive denomination of Public Monies, the appropriated fund w»s understood to be included, and as such, (aU though noc in express terms,) to be limited, directed, and appointed in its application, among the offices recited In the Bill. Appropriations which the Provincial legislature had formerly made, were treated less scru- pulously, as being a less delicate matter than interfering boldl)' with an appropriation by Act of the Imperial Parliament, and in the directing and appointing assumption, thejf were to make part of the Public Monies now to be applied under the Bill. For instance, the five thousand pounds sterling, permanently appropriated by the Provincial Statute of S5 Geo. 3, ch. 9, towards defraying the expenses of the Administration of Justice and the support of the Civil Government, were specifically included, and to make part of the monies appropriated for the year, under the denomination of Public Monies, as also the monies levied for the current year, under the 45th Geo. 3, c*^. 12, and 51 Geo. 3, ch. 12, and by those acts appropriate ed for the contingrnt expences of the Trinity House, and payment of salaries to the officers belonging to it. The Legislative Council rejected this Bill as unconstitutional, and at variance with the usage followed in the mother country in similar cases. The Session of 1820 went over without the transaction of any public business, the Assembly having declared itself incompetent to act, owing to the want of the return of a Representative for Gaspe. But the question which at this stage principally agitated the Legislature, was, whether the Civil expenditure should be permanently or temporarily provided for ; the directing and appointing matter not yet being at maturity, nor the appropriated fund attacked in direct terms, was tothe present time comparatively a subject of minor importance. This was the grand question upon which public opinion was at work, and undecided. Accordingly, at the opening of the first Session of the New Provincial Parliament, on the King's accession to the tbronei in December. 1820, th« a ( jes ifid o: |Jovernoi this subjc r ^^ Q I " I ha |<« Admin ** Reven <( Ish I" in pay f** manen •** vernmi I** unavoi r* of the I** Reven "Froi I" yo" I** amouii I" by _ j« Maji ;** con' I** pies [** perma r " to sus1 I" advan In ans "We hich ** duty a ** your 1 ** maner " the us « this e ** declai ** terity ** benef " togetli ** which §" liarly I ** approi I « the re »> « Parlii ** Govei i ** ingof \ Tills I on the ci I Civil Lit ! Sir Jo I Legislat I 1 15 ted In iti appU- inapproprialed ctioii between ded, that the xdrdingly, the led generally, hat bereq/ler his Province^ i shall be res- 'nntent of this er mentioned^ of October, power was, no mention of red as extin- iBLic Monies, as such, (aU nd appointed ippropriations ated less scru- loldl^ with an directing and ; Monies now usand pounds of 35 Geo. 3, >f Justice and luded, and to denomination sar, under the ts appropriat'* 1 payment of ional, and at ilar cases. f any public act, owing to ; Legislature, r temporarily ^ at maturity, ! present time 'and question }w Provincial er. 1820, the rOTcrnor fn Chief, (Lord Dalhousie,) in his speecb, obserred In respect to this subject — **■ Gentlemen of the House of Assembly, '* I have given orders that accounts of the General Expenditure in the ['* Administration of the Government, during the last two years, and of the '< Revenue collected, shall belaid before you in the usual way. '< I shall also lay before you accounts of the expense annually incurred, in payment of the Salaries and Contingencies of the Civil Officers, per- f << manently established for the service and support of His Majesty^s Go- *** vernment in this Province, including such occasional payments as are |« unavoidable under it, (Charge J^45,000.) To that I shall add a statement '< of the annual product of the permanent taxes and hereditary territorial l*< Revenues of the Crown. (Revenue, J^3,000.) " From these documents, formed upon an average of the last six years, p' yoi) will perceive that the annual permanent revenue is not equal to the r' amount of the annual permanent charge upon the Provincial Civil List, P< by a deficiency of j^22,000 ; and I have it in command from His '< Majesty to say, that His Majesty having from past experience the fullest <* confidence in your loyalty, sense of duty, and attachment to the princi- ples of the Constitution, does not doubt that you will make a proper and permanent provision to supply that deficiency, and thereby enable him to sustain the Civil Government of this Province with honour and vyith advantage to his subjects." In answer to this, the Assembly observed ;— ** We should, however, hold ourselves to be wanting in that sincerity which is due to the frankness of your Excellency's character — in that duty and respect which we owe to our (Sovereign, by whose command your Excellency has submitted the proposal of an additional and per- manent appropriation, which, with that already made, would exceed half the usual amount of the whole Provincial Revenue— were we not, even in this early stage of the proceeding, most humbly to represent that the ** declared sense of our Constituents, the duty which we owe to our pos> ** tcrity and to that Constitution of Government which the wisdom and beneficence of the Mother-Country has conferred upon this Province, together with the variable and uncertain future amount of that revenue, which, as well as our resources, depend on a trade at this moment pecu- liarly uncertain, will preclude us from making any other than an annual appropriation for the general expenditure of the Province, conformably to the recommendations of His Majesty's Government, as signified to the Parliament of this Province by His Excellency Sir J. C. Sherbrooke, late Governor in Chief, in his speech delivered from the throne, at the open- ing of the Session on the 7th January, 1818." This is the germ of that palpable misinterpretation which has been put on the call by Sir John Sherbrooke, upon the Assembly to provide for the Civil List, boldly held forth with a sophistry that is not to be surpassed. Sir John Sherbrooke, as already noticed, called upon "the Provincial Legislature to vote the sum necessary for the ordinary annual ezpendUure ! " u (( i6 1 ht\Wf^Sr\n'eiy^ ttid iie a^so desired the ^l^^oase bf Auembly/' Inttit Majesty's name, to profide in a constitutional manner the supplieil necessary for this purpose." Here the Assembly nowever represent hint as having aiked for ^n annual appropriation^ for the general expen*; (ditdre of the Province, and refuse to make any other, as if mutilating, and holding up official language and official documents to ^tinnmce of the jig ^h^ig province, half-giving and half-concealing the truth, which it is express ot our nportantthe public should see in every point of view, thatthe public are n ^ sincere in« jod winked and deceived in the matter in question. sembly," in ttji the supplies,] wrever represen i general expen \t that had be«] Sir John §her. re, and to placej ;ht be done in the King's reign« ig to the const!*! case. This the iterpreted, pre* mnuaUy all the lerefore said in ;ept our humble to vote annually indation and to II the necessary Colony ; in the Majesty's Go- voting annually he Colony ! ! ! >n, in which all 9 the risk of an blican. It is a overnraent ever annually with, Do the United e of their Civil ich none of the lie concurrence f politic occa- !nt must go oo the chance of h of the Legis- jch doctrine is I things must 'irnmmt had no 'epresentativet use an unas- community in lot to iuro out It is nevertheless but too true, that it has been upon Exparte expositions the subject so qualified and disguised, that the people (always right in eir feelings, though liable to and often misled by false signs) have been tiled upon to judge of it. And it is upon judgments pronounced with ch a knowledge of the cause, that the old Quebec Gazette exultingly iclaims, ^^ the whole body of the people at three general elections have solemnly confirmed the decisions of their representatives." The people er have pronounced an opinion on the subject, for it never has been fairly impartially brought before them, in a way to enable them to comprehend and from the general want of education prevalent throughout the roun- y parishes, it will be extremely difficult to put them in possession of the ue question, which must be the work of time. In the mean time, their iiiion, if opinion it can be called, will be forestalled and governed those, in whom, from their own inability to form a proper judgment the subject, they must necessarily rely. They will be liable to be ipelled hither and thither, as the views of those possessed of their >nlidence may suggest; and that confidence will be liable to abuse until lie body of the people shall have acquired a sufficient fund of information think and reason ior themselves in the matters in question. Propagate long them a belief that the Government is for taxing, levying money upon |em, and misapplying that money for various purposes unconstitutionally ^ that their repreaealatives are merely coutending to prevent this gftsat c 10 ■3, ;4 1: 19 ettl, iiid jrott ittttttrally eictte a septiment that reTOlts at the leemfn^^j injustice, for although they are not sufficiently instrurted in public matters^ to detect tUefaUehoodf the value of money they well know and feel< fiutJ ask them on the other hand, whether they are ready to become Toluntaryl and active instruments by which their King may be dispossessed of Hkl rights ;~ enable the yeoman clearly to understand that this is the pnlnt—l that it is not about hin ovcn rights, which arc not in question, but for the| violation of the King's rights ; — liiat he is not called upon to resist a wronq but to perpetrate a wrong; — and depend upon it the Canadian habitant^ in the honesty of his heart will not balance a moment on the subject. Dut to pursue the progress of the directing a.nd appointing pretensions.] The Bill passed in the Session or 1820-1, by the Assembly, although it] differed in form from that of 1819, was something more distinct atid tothtj purpose than it. The specific items were omitted, and the offices, were j classed Into chapters or heads, according, or nearly so, to the estimate sent] down^ and a round sum assigned to each chapter; omitting always, howe. vetf in the amount total fixed to each chapter, the sums appertaining toj thos6 offices which were to be excluded from the Civil List. This was not) very satisfactory to some, who were for doing matters in a pluin open] itray, so that the full intent of the Assembly might be apparent upon the] face of their Bill, leaving no doubt of the intent of excluding (his, thati and the other office, which it might be determined not to provide for, as aD| ttiinece^tary public charge. 'J'his was met by another new doctrine which now started up. It was] pretended that the intention of the House in voting monies, whether rx'j pressed or not in (he Bill of Appropriation, constituted of itself a Law] binding vpon the Executive) which, constitutionally spcakins;, was bound toj Consult the Journals ot the House, in order that it might there ascertain, the spirit and motives of that body, and be guided in the application of the ttionies according to the items on the Journal^:, as those for which only the House, in the exercise of its directing and appointing pretensions intended to provide; — that the momes appointed to be paid, could constitutionally be paid for, and on account of the salaries only of those offices mentioned in the Journals ; — and that such as were not there mentioned, of course werei fiot to be paid out of the appointed monies. Some doubted the orthodoxy of this; but no matter — it was plausible enough; — it might not be,, strictly speuking, a law of the land ; but then it was an implied lavr^ between the civer and receiver, the two parties more immediately con^ Cerned. It was constitutional : — at all events, if it were not, it was timel to make it 50, an^ to make it so, all that was needful was to insist upon it,l as upon other points in connexion with the matter fqally consistent with it,' The whole sum voted for the year was fixed at jf^44,060 10s, 2d.1 Sterling ; and now, for the first time, the directing and appointing preten-| sions were brought home to, and in full bearing against the appropriated funds, for the support of the Civil Government of the Province. Thef opinion of the people had not, until the present moment, come to a point,^ as to the constitutionality ci a bold aod decisive attempt, by Bill, to dispose n Af the leemtngij n public mattenj and feel. ButJ icome Toluntaryl lossessed of Hu\ s is the point— •] on, but for tiief :o resist a wron^ ian habltantj in ubject. ing pretensions, )ly, although it stinct atid to thej \e offices, were 16 estimate sent always, howe' appertaining (o This was not I a plain open [)iirent npon the udirig this, that rovide for, an an ted up. It war ies. whether ex- )f itself a Lam ?, was bound to there ascertain )plication of the which only the nsions intended istitutionally be es mentioned in , of course were d the orthoduxj mi<{ht not be, an implied law imediately con lot, it was lime ; o insist upon if,. insistent with it, 4,060 10s. 2d. pointing preten* fie appropriateM Province. Thef ome to a point,! bill, to didpo8< ' »9 the GoTernment of the appropriated monies ; for which purpose the ^Mowing clauses «v(>re inserted and made part of the Bill. '' That out >!' the monies raised, levied, and collected in this Province, that now are, or that hereafter may come into the hands of the Receiver General for the time being, the following sums shall, by warrant or warrants, 8{c. be appropriated and paid for and towards defraying the expenses of the Civil Government of this Province, from the Ist Novenif berlast (1820), to tho 3lBt day of October next (1821), both days inclusive." Here the " monies raised, levied, and collected in the Province" without istinction are ail included. The word " appropriated" might, however, ter nil, leave a doubt if any thing more than the unappropriated monies ere intended, and lest any such doubt might remain, the ensuing clause, by ay of an explanatory proviso, was introduced, '"' Provided always, and be it further enacted by the authority aforesaid^ that the monies hy law heretofore appropriated/or the support of the Civil Government of the Province, which now aie, or that hereafter shall conie into the hands of the Receiver General of this Province, shall be applied in part payment for the purposes of this Act, and the remainder Nhi\ll be made up and be taken from and out of any unappropriated monifS which now are, or that may hereafter come into the hands of the He« ceiver-Genepil of the Province for the time beinij ; provided always that such of the above monies as !(hall remain unexpended in the hands of the Receiver,>General of the Province shall be and remuiu at the future dis* position of the Legislature.', The Legislative Council rejected this Hill as uocoQStitutional, .»• it did bat of 1819. The Governor in Chief, on opening the ensuing Session (December 821,) gave the Assembly more fully than ever the sense of His Majesty "ith respect to the manner in which the Civil IJst ou^ht to be provided for. '* I have ordered that the estimate for the ensuing year should also be laid before you without delay, and I have ita<;ain in commiind from His M4'> jesty to acquaint you, that His Majesty still has the fullest confidence in your loyalty and affection towards his person and government ; thathe rests assured of your disposition to piovide for the necessary expensek of the Civil Government, and those also equally necessary for the honour of his Crown. I am further commanded by Hi^ Majesty ta recommend tliat such provision as shall appear necessary for these purposes should be juranted |)ermanently during llis Majesty's life," ^' It has been established in the liritish Parliament as a principle ot the Constitution, that the Civil List should be granted during the life of the King, ind I am commanded to impress upon you on this occasion His Majesty's recommendation that sach principle of the constitution should be adopted and observed in future as the practice in this |-*rovince," A more clear enuDciation of principles and of the views of the King on he subject, language cannot convey, The Assembly scarcely expected it ia 60 distinct a shape, and said nothing in their Address In answer to tha i i .■it- w f6 1 I! I t( I( <( tt <( SpeecTi, ab«at amuathf appropriating any ptibtlo monlei for the purpose. Thpy offered their '^ as8uranceust be collected from their subsequent acts. It is however, worthy of remarlc that they were on this occasion totally silent on the sense into which Sir John Sherbrooke's call on the Legislature fur the ^^ ordinary an- nual txpenditure of the Province'' had been perverted, of a call annually to vote all the necessary expenses of the Civil Government of the Province. No money was this Session voted for the purpose of the Civil List, the Assembly having instead of that addressed the King on the subject, offering for the royal consideration reasons againt the adoption of the .practice of the British Parliament in this respect, by the Provincial Le* gislature. A series of resolutions passed the House explanatory of its views of the non-parity between'matlers in the Province and those of the mother country, relatively to the Civil List, rendering it unnecessary in ttii* opinion of the Asembly, to provide fur the Civil List here, during the King's life. It would not do however to relinquish the favourite self-delusion, that the Governors, (Sir John Sherbrooke and the Duke of Richmond) in 1818 and 1819, in calling upon the Province for the civil expenditure full; intended that the Assembly should vote and appropriate it annually and not otiierwise. This notion was accordingly refreshed by a new reso* lution, and these with the whole string of non-parity resolutions with which they were coupled, were fortif.ed under the very argumentative and conclusive one, that the " Hou'te can only^ and ought to provide for the expenses of His Majesty's Civil Government, annually and not otherwise." The resolutU'uS last alluded to, stand thus on the Journals of the Assembly. *' UNSOLVED, that it is the opinion of this Committee, that in the situa- ^^ tion Id which the Proviace Wy this House caa ODlyj and ought to provide for tut otherv « Rw the on accept theG( Provir #< for th( ^#* ought No a{ rincipal t rest f< ttention But a ession, he appr nder th public S( this it ** persoi ** and e I <* ,subje( 4 <* hands ^ ** soevei *' provis This Majesty propriat personal or persoi be sure an expre provisio) an ^ct c consent promulg ol the pi p purpose 'k As ar I the Ass M ceediiig m adopted ^ any liil were fo from vo *' lenc •* meni I'' I SI 'or the purpose, ways place th« e to provide foi e also necfssarj )ove the follow* n of His Miijes* I appear neces- during His Ma> nblished in the (luring the life llency is com. of the British vince. We are y is pleaiied to irinciples of the 'Our Kxcellencj fistituents under are constituted vill at all times hat they meant !Ter, worthy o( I the sense into " ordinary an- rail annually to the Province, the Civil List, on the subject, idoption of the Provincial Le. planatory of its md those of the unnecessary in lere, during the f-delnsion, thnt imond) in 1818 (penditure fullj ate it annualli by a new rt-so' esolutions with ;umentative and provide for the f not otherwise.^'' lournals of thei hat in the situa- ought to provide for tke ezpenscfl 6i Hh Majetty'a QtU GOTemnMnt annaallj and not otherwise." '^ Resolved, that it is the opinion of this Committee that according to the offer of the Assembly of this Province made in the year 1810, and accepted by His Majesty in 1818, and to the terms of the speeches of the Governors of this Province at the opening of the Session of the Provincial Legislature in the year 1818 and 1810, the sums necessarj for the support of His Majesty's Gvil Government in this Proviac« ^;#* ought to be voted and appropriated annually and not otherwise." No appropriation being miide by the Assembly this Session (1821-3) rincipully for the reasons stated, the directing and appointing power was t rest for the present, and as it is chiefly to its progress that the reader's ttention is directed, we shall therefore return to it. but although this assumption was not in positive action during the lession, its retrospective influence was not overlooked. The rejection of he appropriation Bills mentioned, had placed the lilxecutive Government nder the necessity of advancing the monies necessary for carrying on the public service, from the Chest on its own responsibility. In reference to this it was resolved by the Assembly. — " That this House will hold **■ personally responsible His Majesty's Receiver General of this Province ** and every person or persons for all monies levied on His Majesty's ** subjects in this Province which may have legally come into his or their , << hands, and been paid over by him or them under any authority whatso* i *< soever, unless such payments be or should be authorised by an express *' provision of law.'' 'I'his resolution embraced indiscriminately '^ all monies levied on His Majesty's subjects in this Province," without distinction between op* propriated and unappropriated^ and the threat therefore of *' holding personally responsible His Majesty's Receiver General^ and every other person or persons concerned" was very comprehensive not to say more of it. To be sure (he last words ^' unless such payments 6e, or should be authorized by an express provision of Law''' were a kind of salvo, — but still that express provision of Lawy must in their sense be and was intended to be understood an Jet of the Provincial Legislature, as without this, that is, without the consent and authority (as more distinctly announced in the progress and promulgation of the doctrine at a subsequent period) of the Representatives of the people, no monies levied in the Province can be applied even for the purposes to which they may have been previously appropriated. As an apoloay for not voting even the annual supply for the year (1822) the Assembly addressed the Governor, stating in substance that the pro- ceediiifts of the Legislative Council (which had at the previous sessioa adopted certain standing rules, by which they determined not to discuss any Hill from the Assembly providing for the Civil List, unless the provision were for (he King's life) having violated their rights, they were prevented from voting the necessary aid. They concluded by ^'assuring His lilxcel- ^' lency that this House as soon as it shall have been left in the full enjoy- *^ meiit of its riijbts and privileges^ aad His Excellency^ shall bave comma- 22 ^ W^ *'PD*\^U ilitotf Hit Majesty's gracloai acosptanca of the fenewed ** rtJi j llouie to .'>tp iinnuaUy the expenses of Hl» Cifil Govern- ^ ment ill >>* Province, uH nof fail in the faithful discharge of its ** obligations. The determination of the Assembly i> appropriate annually, and not otherwise, for the support of the Civil Governmeiit, and its pretensi'na to appiy fhe appropriated ^und, with a view of diaposaessing the Gofenimeiit "Ht, anil thus, under the directing and appointing power, to retrench and tU^i(*'l- ^t pleasure the public ofiicet' '"without consulting the King, probably induced i^he Executive to introduce the distinction between the permanent and local establishments. Having in the appropriated revenue above*mentioned, a permanent^ though inadequnte fund, towards defraying the administration of Jnstice and support of the Civil Government, it became, .under the existini( circum- stances, necessary to determine which were the permanent establishments appertaining to the Administration of Justice and to the Civil Government, that properly ought, as such, to be chargeable upon it, iis far as the fuii'l would go ; and also those, which not coming within that meaning, mitjht be considered as of a class less essential to the principal operations of Government, and therefore to be provided for by the local Legislature. Hence the denomination of permanent and local establishments. The distinction of classes which. arose from the distinction of funds, might probably never have taken place, had not the Assembly, by disi-eeard- ing the latter, and attempting ^to encompass and direct the application of the whole indiscriminately, forced the Government into the measure. The distinction was observed in the Estimate submit'ed to flie Assem- bly in the Session of 1823. The offices made chargeable upon the appropriated and permanent fund airou tted to^3'2,083 lis. 3d. ; to the discharge whereof His Rxcellency informed them that the fund would be nearly, if not fully adequate. The sum required for the local estublish- ments amounted to ^30,''i25 IQs. 5d. sterling; and for this sum only, His Excellency called upon the Legislature to provide, having suiiicieut means at his disposal to cover the former. The crisis in which the existiujj Constitution of the Frnvince then stood, owing to the Legislative Union of the Canudas, intended by Ministers, (and to postulate against which two very intluential members of the Assembly had been despatched to, and then were in England, with petitions,) very probfibly may hiive had some weight with the Body. The sum rt^quired, or Dearly so, for the local establishments was voted. Hut ii< proceeding to vote the monies, the Assembly, by n set of resolutions pn'li ei* lo their Tote of money, more distinctly than ever announced thei i v^i. ^s over all the public monies levied in the Province. This i ^ ,.c teirned the epoch of their maturity. The following arc; the resolutions alluded to— « ^' Uesolved, that it is the opinion of this Committee, that no law »* inp^^s'ng duties or taxes on His Majesty's subjects in this Province, << provu "^s in a general manner funds for defraying the expenses of His << Maje«t; C i 1 Go' erament and those of the admiaistration of Juatics or of t' any pei or of n consent Resolv ''f* hiiving W Third, ^ Civil C ..¥ the off fied ti: Goveri Legisli the pi exp'-.i> oi' of a and (4 ! 'vile • Res have ; cngag* every '*' Gover y** chiirgc <• unto r One M [indeed ! Notwi loundin^ :he Legi jother h; [Council, tensions, « An '** appro FUND " from ^! ** hereii ''* In th( f OF TH "^' fiions ovi iiiem as f. at the d £ oil ther Thel iappropr tmight h I ment nc [ had an < li *5< 2S f the renewed Ciiil Govern- ■charge of iti lally, and not prptensi'ns to e GoTeriinieiit retrench and ing, proliiibly the permanent a permanent, ion of Justice nistinif ('ireum- establishments 1 Government, ar as the funi leaning, mi^ht operation H of il Legislature, ts. tion of fund*) , by disregard- he application e measure. file Assem- ible upon the >. 3(1. ; to the fund would be ucal estiiblish- his (turn only, viiig sufficient Oft then stood, llinisters, (nnd the Assembly Miiions,) very m rcquirf'd, or proceeding to ell, ei! to their '(, ■ , over .>ii teajied the i alluded to— « that no law :his Province, enses of His on of Justice or of the Legtslattire In this Province, c^n be held to confer upon any person the power or the right of applyiiti< the monies thence arising or of making a special appropriation and di-tributiiin thereof without the content and authority of the L'>gislaturei" Resolved, that it is the opinion of this Committece, that this House httving most humbly made olTor to His I fe Majesty K'm^ Gporge the Third, of glorious memory, to provide for iIir expenses of Hi)* Majesty's Civil Government In this Province ; His Majesty was pleased toaccfpt the offer of this House, and that His royal will in that behalf was sii>ni« fi*"d to this House by His Excellency Sir John Coape Sherbrooke^ Governor in Chief of this Province, in His speech at the opening of the Legislature on tiicTth of January, 1818, nnd that every appropriation of the pu'.rr, K jni s or any part thereof to the payment either of the expc ixcs n, ti. : t^ivll Government or of the administration of Justice or of any other pill)lic charge of this Province, without the participation and (OH:, t I of this House, is a manifest violation of the rights and t 'vllegf'sof this House." ^' Resolved, that it is the opinion of this Committee, that this House have alv ays been, and still are iliHposed most faithfully to fulfil their engai^ement towards His Majesty, by granting annuallij to His Majesty every necessaiy aid towards defraying the whole expense of the Civil Government, the administration of Justice and other- objects of public charge in this Province, when and as often as this House shall be there* unto required by His Majesty's Representative in this Province." One way of ^^ faithfully fuljilling their engagements towards His Majesty f* lindeed ! NotwithstPiding the House had put upon its own journals these ingh- Bounding pretensions, they were averse to endanger the loss of their Bill in the Legislative Council by making them apparent on its face : nor on the lother hand would they .cuu a Bill from the House to the Legislative ICouncil, by which they would be understood as receding from those pre- ensions. The clause of appropriation was therefore made to run thus : — '^ And be it enacted, that the monies herein-before mentioned and appropriated, bhnll be taken from and charged against the generai. FUNDS of the Province, arising from any act or acts in force therein, and from any of the revenues of His Majesty, applicable to the purposes herein before mentioned." In the Assembly it was imagined that the terms GENERAL FUNDS ^ OF THE PROVINCE were so comprehensive as to include their preten- sions ovei Ihe appropriated revenue. The Legislative Council considered iiiem as including those mooics only, which were unappropriated, andas such at the disposal of ttie Legislature, and none other. 'I'he Legislative Coun- cil therefore passed the Bill and it afterwards received the royal assent.* The Bill provided for \\\e local establishments by items. It was also an appropriation for the year only, but as il did not legally aifecl (whatever might have been intended> the permanent fund for the support of Govern- ment nor any other than the unappropriated monies which the Assembly had an anquestiooahle right to direct and appoint, it passed « * See note (B) at the end. Jv? w 24 R) si if J'! Tbu»f»rth6 Hodw of Assembly had endeaToared to carry their point ol directing and appointing the application of the permanent and appropriated fund for the support of the Civil Government, by asserting it as their right without accusing the Executive of illegal pretensions in resisting their will on the subject. The Bill was a virtuttl acknowledi^ment of the appropria- tion of the permanent fund, and of the ri^^ht of the Executive to apply it. But in the Session of 1824 things went to greater extremes than ever. In the Estimate sent to the Assembly, the same distinction between the per- maaent and local establishments was observed as in the preceding Session. The House had then been content to vote the sums asked for and no more, declaring by a resolution ^' that the house not being required by His Ma- ** jesty nor by His Majesty's Representative ii> this Province to provide for *^ the whole expense of the Civil Government, the administration of Jus* '^ tice, and the other public charges for the present year, but for a part *' only of those expenses, do for that sole reason abstain from p'-ovlding for *^ the whole of that expense, and that otherwise this House would readily *' have provided for the same." In this Session, however, although they had been asked for no more than the same thing as in the former, they now would, asked or unasked right or wrong, vote the whole Civil List from end to end, declaring by a reso- lution '' that they ought not to comply with the demand now made of them, ^' only to provide for some of those expenses, when the Colonial Govern* *' meat persists in the illegal pretension^ permanently to dispose without the *' concurrence of the Legislature of a large portion annually variable, of the *' public revenue." They accordingly went through the whole Civil List, from first to last, reducing the salaries one«fourth, under the resumption of the exercise o( the directing and appointing right, which with«respect to the appiopriated fund had been dormant the preceding Session. Tiie reader has seen what is meant by this concurrence of the Legislature^ in its application to this appropriated fund — to wit, the di( tate of the Assembly. The illegal pretension persisted in, wus the resistance to the dis' possemno' assumption under the pretended directing and appointing right. The Bill sent to the Legislative Council on the subject was, like the others formerly spoken of, thrown out. Such was the state of the pretensions of the Assembly at the close o£ the Session of 1824.. Annual appropriations for the whole Civil Liat^, and an entire and unlimited controul over the appropriated fuiul, in the special direction and appointment of Its application. The Utter doctrine, which at one time seemed to slumber, revived, with such vigour, that it was in the opinion of the Assembly an illegal pretension even to persist in resisting it. So much for tolerance ! — It has been seen what in the understanding of the Assembly, is the constitutional man, ler bf providing for the support of the Civil Govirnment of the Province. The manner has also been seen, in which Sir John Sher- brooke's call in His Majesty'^ name to vote the ordinarij annual expendi- ture in a constitutional manner, is by the Assembly turned into a call upon them to vote annually the expenses of the Civil Government. The reader has also seen the way ia wfalQh ««ea thifl: last supposed call, to vote atmually been ^d appoii |ed revei ten enco srsistanc |e Assen ,t' Affairs reader to ment dev( Mnce for fffo envial It wen ^ssed by tvernor ihis sanr fnfident linister, ibsisted licably ■lent had flere was ipking th( of an adjv §» seemed #«• the be ®nd His f let.— Nc trmity wi \mmand iW, and >ssessioa Jolojjy n #d in po j^MMANO Wishers hi [,. Thathe Bis answe f,* structio f* provisic f< Speech f^ ring thi (ltd exist, >«26, pu Whent pernicK ^d obsci ^ (rcferrl ^5 f their point ol d appropriated t as their right iting their will the appropria- ! to apply it. i than ever. In ween the per- ceding Session. r and no more, ed by Mis Ma- to provide for itration of Jus* but for a part n p«-ovi«ling lor would readily r 110 more than unasked right rin^ by a reso- made of them.) lonial Govern- Dse without the 'ariable, of the lole Civil List, '■ resumption of ith respect to n. he Legislature, di( tate of the nee \o the dis" pointing right, was, like the )t the close of Civil Liht^ and in the special octrine, which it it was in the in resisting it. mbly, is the 11 Government Sir John Sher- nnuul expendi- to a cull upon The reader vote annually been complied with ; as well as the rise and progress of the directing id appointing assumption, and attempted disappropriation of the approprU id revenue belonging to the King, from the time this object was to have len encompassed under the general denominntion of "public monies" until frsistaiice in resisting these assumption«, bee-' me in the avowed opinion of le Assembly illegal pretensions on the part of ilis Majesty's Government. f Atfairswere in this stale (hy whose af^ffPicy and pretensions it is for the feader to determine) when the tempurory administratictn of the Govern- ment devolved (by the departure of the C'.oveinor in Chief on leave of ab- lence for England) upon the Lieulenuwit Governor, Sir Francis Burton. Jffo enviable charge certainly. It were idle to discuss in this place the merits cf the Dill of supply ssed by the Assembly during the Session of 1825. The Lieutenant vernor no doubt thouoht it constitutional, or he neve? would have given his sanction. Nor was Sir Francis Burton solitary in this opinion. The nddent manner in which after the passing of tlie Bill He addressed the inister, informing His Ijordiihip '•^ that the dilTercnces which had so long bsisted between the legisl.itive Jiodies on financial matters had been icably adjusted" is very indirativf; of his belief that the desired adjust* Sent had been elTected. But after all what does this amount to ? That ere was the semblance (it will be seen presently that it was no more, even iiking the statement in the old Gazette for granted in this one intttance) of an adjustment without iiny pledge for its stability : — such an adjustment pi seemed to the Lieutenant Governor, acting on his own judi^mcnt and r the best, satisfactory : — but yet not such as he would have sanctioned d His Excellency precisely understood (he Minister's views on the gub- ct.— No< such an adjustment as the Minister contemplated, nor in con- rmity with " the special instructions^ which had been given by IJis Mojesti/s wiand to fJie Governor General in his despatches of the llth September^ 20, and 13th September, 1821." It is the want of a full knowledge and ssession of the instructions that now constitute the Lieutenant-Governor's oloi;y near the Minister in sanctioning this Bill ; for with a knowledge td in possession of such ^^ special instructions given bi/ His Majesty's iMMAND." He surely never would, nor could any of his friends or well- jPshers have expected him to contravene them. I That he had them not, is recorded on the Journals of the Assembly, in its answer to an address of the 19lh FebruarVj 1825, calling for the " iw- structionSy despatches, or parts thereof relating to the proper and permanent provision for the Civil Government, as mentioned in the Governor's f< Speech of \6th December, 1820, and to the provision for the same du- *^ ring the King's life, of \ 1th December, 1821." That they however, fKd exist, is beyond all doubt, as Lord Bathurst's letter of the 4th June, 1826, puts at rest that question tit least. When therefore the Old Gazette speaks of " misunderstandings thus so perniciously Revived" (alluding to the result of the last Session, 1826) d observes " that the whole Province approved of their Termination (referring to the Session of 1835)) and regrets their Renewal," it ntu* 'M ?i )'!^ "1 represents (he case. They were never terminated, ^rhatever appearaneei might have been at the time. They never could have been, until an ad. justment had been effected in conformity with the special instructions ; or until Lord Tathurst had thought proper to revoke, and no longer insist upon them, which the letter alluded to, shews to have been far from flii Lordsliip's intention. Nor can the misunderstanding be said to have revived, as Lord Bathnrst's letter shews that instead of having ever come to a " terminatiori" it neyer bad been suspended, much less terminated ; but that it actually was in the same state, if not worse than ever. The *' special instructions" given '* ij *' Hrs Majesty's Command, to the Governor General" not having been consulted, or adhered to, llis Lordship says " it is not in his power to const- ** tier this arrangement (the Bill) as in any degree satisfactory." Without the Minister's participation the misunderstanding could not have been ter- minatedi. That the instructions were not consulted &nd adhered to, it is not nor ever has been pretended that the Lieutenant-Governor was in the least blameable, as He could not find any such in the place where thej night indeed be expected to have been found, but where, however, it would seem they were not. But still, as they exi:t?d, whatever the Lieu* tenant Governor or any other in the like situation, might do, in the hope and belief of well-doing, if nevertheless done contrary to, or in non con. formity with them, it by no means terminated the misunderstanding. Tlie attempt to make it appear, that the misunderstanding terminated with the Bill of Supply passed in 1825, and revived with the rejection of that of last Session, IH26, is of a piece with the other matters noticed in connec* tion with this subject from the commencement, and the purpose for whicl it is now brought forward cannot be mistaken. Whatever interpretation may be put on the Bill passed in 1825, there i; nothinof more certain than that the Lieutenant-Governor was very fat from understanding it as the Assembly, or rather as the Old Gazette, may do. His Excellency did not undf^rstand himself, as yielding in the smallest degree to the directins and appointing assumption, in the sense before alluded to. Far fiom imagining that any such assumption was directly cr virtually exercised upon the appropriated fund, He did not see cause to suspect that it was exercised or intended so to be, on the supply in aid of it, out of the unappropriated revenue, otherwise than in the general direction, that it was ^'for the purpose of defraying the said expenses of the Civi Government of this Province, and of the administration of justice therein, am the other expenses of the said year^' (1825.) The aid indeed was an inde- finite one, but the Bill was unshackled by the directing and appointing assumption, and the encompassing terms of " Public Monies" and " General Funds" were wholly omitted. His Excellency, although not in possession of the instructions mentioned in the letter of the 4th June, 1825, where he would have seen the " necessity'' under which the Governor in Chief had by reason of the King's commands been acting since 1820, was neverthe- less very sensible that the controul of the appropriated fund was exclusively with the Executive, and as such never would have suffered it to be ;bed. tthurst, ipply ht lenue ai IS not ii If, thei ring his ited func {l^egrity i " isemblv '\lfpointini they I iderstoo ndedly ipropria :ecutiv( |ry far f Ir undei in of ea itters addrc! l^Ccountin snbsequei ID action, fhich, al lurnals o tatter, tl ition of Wheth the v( lained ii Is own < lit \o sa |ly ex pec sctation rhatever j^ever wo idude frui former < ♦xclude {o His Ci gevived, appomtin ^{ their j S At anj ^rstandi iCruverao 27 ver appearance! en, until an ad< instructions ; or no longer insist sen far from Hii Lord Batharst's nation^' it neyet tually was in the ons" given '* ij lot having been is power to consu loryr Without )t have been ter- 3red to, it is not rnor was in the lace where thej ;re, however, it atever the Lieu- ; do, in the hope or in non con- ^standing. The ninated with the on of that of ksl ticed in connec* irpase for whid n 1825, there ii or was very fat id Gazette, may gin the smallest lie sense before . was directly c; not see cause to ipply in aid of it, eneral direction, ses of the Civi stice therein^ am ed was an inde- and appointing " and " General not in possession 1823, where he nor in Chief had ), was neverthe- 1 was exclusive!; fiered it to be ;hed. In saactionlog the Bill, He was wo find in hl» letter to Lord ithurst, under the fullest persuasion that the Assembly by that Bill of ipply had " decidedly acknowledged the right of the Crown to dispose of the )enue arising out of the 14 Geo. ///, c. 88" and that as such its " integrity" IS not in ^^ any degree"' compromised. If, therefore, the Lieutenant Governor on the one side understood, in ring his sanction to this bill, that the exclusive disposal of the appropri- id fund was decidedly acknowledged to be in the Executive, and its tegrity as such not in any degree compromised or impaired : and the isembly, on the other hand (whose pretensions, under, the directing and fpointing assumptions were also on their side unimpaired and in full vigour, they stood recorded and unrepealed on the journals of the House,) iderstood that such acknowledgment was not even virtually much less )idedly admitted by the Bill, nor that the integrity and controul of the ipropriated fund was by that body intended to be exclusively left with the :ecutive, as understood by the latter, the misunderstanding was in reality fry far from being terminated. The parties were in fact further fro.n a Ir understanding than ever, both proceeding upon an entire misconcep- m of each other's views ; a circumstance which could not fail to make itters worse the moment an eclaircissement took place. Although address was presented to the Lieutenant Governor by the House, fCcounting for the reduction in the amount of the aid required by estimate, «|lbsequent circumstances very clearly prove that the excluding power was i^ action, certain offices having been omitted in the votes of the Assembly, thich, although not specified in the Bill, nevertheless was manifest on the turnals of the House, to which, as a law binding on the Executive in this tatter, the latter was expected to refer and be guided by, in the appli« ition of the whole sum mentioned in the bill. Whether the Lieutenant Governor would or would not have been guided the votes of the Assembly as they stood on the journals, had he re- lained in the administration of the Government, and been left to pursue ns own opinion, without reference to the views of the Minister, it is diffi- Dilt to say. The old Gazette distinctly says, that undoubtedly the Assem- lly expected he would do so. Had they been disappointed in this ex- jctation, which is no improbable thing, (for the Lieutenant-Governor, rhatever he might have thought of the policy of consttlting the votes, ifiever would in any probability, so far have held them fo be law as to ex- qlude from the Civil List, or abolish any office which the Minister, on a Jormer occasion, by command of the Ring, had expressly refused to fxclude and aboliih, but on the contrary expressly signilied to be necessary fo His Civil Government of the Province,) the misunderstanding must have gevived, unless the Assembly were to relinquish in toto the directing and appointing pretensions, of which, however, there was no indication by any M their proceedings, -J* At any rate, the revival^ as it is called in the Old Gazette, of the misun* H^rs^andrng* must have occurred last Session, (1826) had the Lieutenant- \CroTerQor himself even remaioed in the administration of the Government. ill ill i III ! ■i\i )i\ ^ His ExcelIenc]r,hoir6Ter vnpleasant it must have be«ii to withhold his Mtic> tion from a Bill similar in form nnd substance to that \f hich in the previous Session he had stinctioned, would have been, according to Lord Bathurst's letter to him of (he 4th June, 1835, under the necessity of doing so, unless His Lordship could have been prevailed upon to alter his opinion :— not a very probable event, after the progress made during the antecedent seven years of the pretensions above noticed, which could not have escaped His Lordship's attention. The pretended revival of the misunderstanding last Session could not have been avoided, in whatever hands the administration of the Government were placed, the same nkcessity (as mentioned in Lord Bathurst's letter) which " had been imposed upon the Governor General f' in the despatches of 1820 and 1821, still existing in full via;our. 'J'he Minister's disapproba< tion of the Bill of supply of 1825 is Hsciibed by the Old Gazette to the want of correct information , witn some imiuendoes that incorrect information has been ^iven to His Lordship. Aow whatever information might or might not have hern coiweyp d to Lord Bathurst on the subject from other sources, it is quite clear observance of which would bring on at each succeediiig Session new quarrels and endless misunderstandings. One of the reasons afforded in support of the dispossessing doctrine is, that the monies may not '' go to the payment of persons who render no service to the Colony for the money, or are not even resident in the Pro- vince." — Are past services then to be of no account ? These individuals, if such there be, must have had no doubt some claim on the King before they were placed in office, and their salaries granted. But even suppos- ing neither the one or the other to be the case, they are in possession of of. fice under the King's authority, and have His faith that they are not to be dismissed without some compensation. Is the King's faith nothing ? Be- sides it has been expressly signified by his command, that some of these 69, a er, ar ithst ust re istiona well as here as a< b^^sked gpfater a1 ^^t is n " the sta 'olved. >sperin [the fa i the pr ffepl th lis are ice is isemblj t evince e bran 'In the Bi'cst imp "*ie mattt areb gentl rehend i impart irt to 01 I. Let ilDSsessio I only ii Ipination tiluence ley be ( Srown s tenance .the othei no pledg this sens It is desi ' Let e dot, una speak lo fcudest, pbrpose ^graet 31 )ld Gazette maj " form" of the ally thrsame as that in all those ?nue alluded to, ? Crown, and as le sum required was not indeed and a refusal to ting terms, con< o be tantamount itself nece8sita< establishments \y providln£r the !, 1825, affords That it was not e that the mea< . Having been of it, if he did e precise fact is not probable he ! deviation from nt charges upoa f correct infor- , the resolutions Executive, and ordship has not otesy^ probably d then proceeds ites a sentence, had even done inding the bill, n the opinion of n>observance of rels and endless ing doctrine is, who render no ent in the Pro- ; individuals, if he King before t even suppos- issession of of- y are not to be nothing ? Be- some of the^e les, attempted io be extinguished by the exercise of the excluding ef, are, in his opinion, necessary to the carrying on of the government, Oii^ithstanding the opinion of the Assembly to the contrary. '^ust representations on this or any other subject must, and will un- festionabiy be always attended to, but then let justice to the individual well as to the public, be the basis of them. The Government, as well here as at home, will not refuse a remedy to an abuse, — but let remedies btfasked for abuses only, otherwise, they would themselves become the gveater abuses, if improperly applied. It is not intended here to refute the woeful account in the Old Gazette d|the state of the Province, and the public embarrassments in which we are olved. They may be considerable, but the Province, nevertheless, is »spering, and the common observation of every man must convince him the fact. The Government is indeed retarded in its operations owing the pretensions above noticed, and public improvement must consequent- fe«>l the effects of it until an understanding shall come round. If the Is are of such magnitude, as represented in the Old Gazette, the Pro- ce is low indeed, but the remedy is simple, and within reach of the ibsembly. Let them cease aspiring to the absolute sovereignty of the I'^ovince, and be content with the place which the law assigns them as Me branch of the Constitution. In the mean time let the country understand the true question, as the mcst important step to a good and permanent understanding. There is ia tlie matter itself a redeeming principle that must gain strength, if the peo- 1^ are but rightly informed of it. Let means be taken to enable the coun- iry gentlemen, and principle persons throughout the country places, to com- 'ehend the precipe point in dispute. Let every one taking an interest ia t impartially seek information on the subject, and freely and fearlessly im- rt to others such information as he may possess on it, and his opinion about Let the respectable Clergy throughout the country parishes be put ia rssession of it, and they will, from a sense of the justice of the case, (and it only in this respect that the question ought to be put,) as well as from in- ~ ination and duty to the King, honestly speak out their sentiments. Their fluence in a rightful cause is decisive, and in none other ought, nor will ^ ley be expected to take an interest. The rights of the Clergy and of the ISrown are cognate and inseparable : — they are alike inviolable. The main- tenance and support of the rights of the one, is a pledge for the stability of .the other. — The downfall or successful invasion of the King's rights, leaves no pledge for the security of their own. But to repeat, it is not so much ia this sense, as from a pure disinterested sense of the justice of the case, that It is desirable they should think and speak on the subject. Let every one who can think and reason for himself on the subject speak dot, unawed by the multitude who, misled by the false tokens of the times, speak loudest from their mere numbers, and who imagine that in speaking Jbudest, they must, taking their numbers also to account, speak most to the fnirpose and be right in the end. Let no one complacently give up his owa jtodgraent because he cannot convince bis adTersary ; nor yv^ld to obstinate 32 i ill f I Ji M. prejudice) ihftt opinion which he cannot concede to good argument. Abi all, let no one itna^ine that the cause is hopeless because it is surroun^ irith difficulties. It will triumph at last, because it is founded on truth. Let it bo remembered that it is not because the King, whose subjects are, wears a crown, wields a sceptre (mere emblems of the regnl office) a is arrayed in power, that our respect U due to Him and his rights. Jjet i! Tiew him as every rationni British silbject ought to view his Sovereign as the Individual whom Providence hath {or our good, and for our commo protection, placed in a post supereminently exalted and honourable trul as the Chief Magistrate of the Realm, but of incessant care and great soiic tude : — as the Individual who is charged with the fearful responsibility sustaining alone one branch of the Constitution, and of the Executive pow^ of our country, and who has, as such, a double claim on our confiden our respect, and our gratitude. — Thut if it were possible IIIC could comp mise those rights we call uis, but which belonging rather to his regai OFFICE than to himself, are essentially ours and for our benefit, lie woui:'^ thereby endanger uur rights, and by thut means do US great injustin That UG is bound to uphold inviolably and with a firm hand, not only li, own part (as King) in the Constitution, but the entire Constitution, and ti Land it unimpaired to his successor, and to our posterity, as their best an(i dearest patrimony.— That our rights and our liberties are not less con| cemed in His firmness than in that of our own Representatives. — Thai weakness, always a vice in those whose duties, subordinate to his, arede>'^^^ termined by law, would be much mure so in Hi"'. — Finally, that it is tlu^' duty of every bubject who has a head to think and a heart to feel, to eii< 1 quire in a temperate and unbiassed spirit, whether, in the contest whereir,^ the Legislature is involved, the King and his servants in authority undei|>| bim, are from unlawful, vicious, or corrupt motives, contending in a wrone|l cause, for an unjust and unconstitutional object ; or whetherthey arenoi'5 rather repellingf an unjust and unconstitutional aggression, and rightfully | and virtuously maintaining a sound constitutional point, never to be given " up but with the sovereignty of the Province. To adopt in the present matter some of the words of our own immortal jVelson, in a momentous struggle of another nature, in which the rights ol ^ji: Our King and Country were also at stake, it may, at the present crisis, ;^ tery properly be proclaimed that the ^' Country expects every man tciJt^ do his duiyV ^m_ If this point be surrendered, it is hard to say what other point of majot 'r importance will next be demanded. To yield one right to an overween* ing antagonist, is often misinterpreted by the latter into a right to expect that another will be yielded him if he will pertinaciously insist upon further ;| concession. — However tardy the Legislative authorities may be in comin° to a fair and a permanent understanding (and unless it be permanent it had 'f better not be) on this constitutionally important matter, it is very certain that the King's responsible servants, never can nor will so far forget their f selfn our conTirlen lit*] could comp 'ather to his regai SENEFIT, fie WOul^ JS d^reat injustin hand, not only h; !onstitutiop, and U /y as their best an are not less coq esentatives. — Th ite to hiSf are de' uUy, that it is tin ^art to feel, to en e contest whereir in nulhority undei ending in a wrom hether they are no; on, and rightfull) nef er to be givei) our own immortal I'hich the rights ol the present crisis, :ts every man will !ier point of majoi t to an OTerween> a right to expect insist upon further may be in coming I permanent it had it is very certain so far forget their this question the of all the King's ■ecMMry to labMit th* inbjectta its wiidom t-^^^MiMt lbM# (btra it to be tor* tbo weighty authority to ttao cunUary of a au^oriiy ia Um Auembly, and— Th« Old Quoboo Qasettet , " .?... ■i. I (B) <>,» ;*.r It is proper to observe, however, that the Legislative Council In paninf thia Bill most sirongly protested against it. The following is •alfacted from the Jouraalt of that Body .- Resolved, '< that the Legislative Council see with great concern and surprise that the ** Bills sent from the Assembly intituled ** An Art to enable Ilia Majesty to defray cer^ " tain arrears of expenses appertaining to the Civil Government of the fruvince" and >' An ** Act to appropriate certain sjms of money towards enahlinf Hit Majesty to defray certain *' expenses therein mentioned appertaining to' His Majesty's Civit Government in this *' Pt ovince for tne year 18^3" do contain very objectionable mutter in granting moiiies ** from the General Funds of the Province, no funds so denumi^len 'having legal *' existence ; and the titles, preambles, and clauses of grant and apprupr\a(i6n.in the said ** acts, being worded so generally and ambiguously as still to assume, or mean to leav '* in doubt the right pretended to by the Assembly of disposing of monies raip^d and " appropriated and disposed of either by actor acts of the Imperial Legislature, or by ** His Majesty in respect to His Majesty's prerogative righlsand revenues, and finetaad ** forfeitures ; or by act or acts of the Provincial Legislature containing permanent ap- *' propriations, or where the fines thereby imposed are not Reserved for the future dispo- " sition tiiereof. Against all which assumptions and preteosions, whether directly or ** indirectly or In any shape expressed, made, or implied, by open or covert laogusge or *' meaning, the Legislative Council solemnly protest." " Resolved, that the Legislative Council have concurred in the said Bill»» as.ame«> ** sure of necessity, resulting from the very advanced period of the session, and thecon* ** sequent impracticability If they were rejected of tbi-ir being replaced before the <' prorocation, and further they liave concurred therein to prevent the great and indivl- " dual distress which the present rejection of the said Bills would have rendered una« ** voidable. But in so concurring, the Legislative Council declare that they reserve all " their rights and privileges unabated, and that they will not hereafter admit upon any ** occasion whatsoever of a proceeding so contrary to the rules and method of *' Parliament. The woids '' General Fdnds of the Province" are to be found in an Act on the Provincial Stalute-Book (39 Geo. Ill ch. 9) which Act is a dead { have consist- ed of a consolidationof duties, including those of the 14ih Geo. I I.I ch^ ^Rt wbfch attbat, time did not co' stitute a fund very considerable in amount. Biit i( is.also to be obo,' ■erved, that in the Statute I4ih Geo. Ill ch. 88, which provides the fund towards defray* ing the adminiriralion of Justice and Civil Government of the Province of Quebec^ Upper Canada, being a part of' the Old Province o( Quebec^ was and still is interested, : and consequently the British Parliament could not by any measure or conditional Legislative Act on the part of this Province, without a corresponding step, on the part of the Upper Province repeal an Act in which the latter had a considerable prospec-: tive interest. The repeal of the British Act at the instance of only on^ of the parties concerned, neither nrcessily nor pojicy requiring such a course, would have been pre- inature and unjust towards the Upper Province, wliich in cases of misunderstanding In financial matters with Lower Canada, beins the party most likely to suffiBr, ia on that account alone the more entitled to, the care and protection of the Imjerial JParliameBU . . ■ . ■ ';'..;. k . , . / -.. .. .■■>.■ -;.,>; f 4Mff»¥ =>.)...-;.;'...■«• .» ' ...-'.•...» ,. : .-. . t ' i *'■> Vv.^./iK»li-t ».'.:- .-/(^ " . •'■• r !( I »« 1 •, > . ■ i ■ < -i/'Hi I ^»H>i^*igi--i*'-.«t ■.-•-■■'^'1 *■' « ■ t, ■ - • '^l •• t'l, f 1. \ 1 • • > ■ . . (>?» irU ♦l,3>-'*)J>--»„- t. ::J ; • - * «-',i f^ ti> ■ ■ ■■■'..A »! ' .' •■ ' .' •" ". *r''-l!':; ''■>.':; *•, ' " :.-,'. -In S-.^.l.! ■ '.: -} ■ -i . 1 i.ij o-i) fM Hit .' ..< ■■y'.i ii'iC ,.i^j» .» Jii t! y ■'!<', o'y>. >» {•* Hi h i{ l>. i! •!i: ivbjects in thii Prorliieo m Intolfed In them, to be in the kmst , oiiaed. Their determination cannot but have been adopted upon delibera- tion and a full linowledge of the case in all its bearings, and it will no doubt be persevered in with wisdom and with firmness. (A) The Act 14 0«o. Ill ch. 88 eMsblMing a fund for defraying the expemeaof tha /tdminhiraliontfJuBUce and support of the Civil Qoverrment vf the I'roviHce of i^Hehte, it in no reitpect altered or affected, either in eipretis terms ur ity implicutiun, by the 18th Geo. Ill chap. 12, much le«s by the Slsl Geo. Ill chap. 31, commonly culled the Con- stitutional Act. The fund being lawfully acquired and established bv Parlimnent iA favour of the King, for the (^uppori of His Government in the Fruviiice (by llie coiK)ut»eo. HI ch 46, which was spe- cifically repealfd. It is to be observed that the duties on 'lea were lor contributing to the General dejenee of tlie Empire,^ anithnt although the Parliament repealed ihtiii,ii did so on the sole ground of ejrperfienre :— .but those duties letiedon other Articles which had pre-existed for years In the North American anas entirely relating to the e,eHe- rml d if ence of the Empire, fot wMch pu^pos« they only declare they "will nnt impost any dutg^' giving, as a reason for this ? oinntary renunciation to a right they onquetttioiis- biy thought they had,— (or why reneunce it 1"') their belief that " Hit Mojriiy^s faith' f Ml subjects might, Never« be dispt^ed to achuouitedge the justice of cuntril/uting tu thit common defence. The 91st Geo.3,cll. 31 (con#ittMioral Act) enpreMly reserves the power to His Majesiy ■fid ihe Parliament of Great Britain of imposing duties for the reguitliion of naviguiioa and commerce, leaving the netl produce of all duties vhich shall be so imposed to Ije ap- plied by the Legislature of the Province. But whero is (he disnpptopiiaiing and ditpoi" «0M ter, and that opinion has the unqualified confirmation of the British Government and wilt u decidedly have alio tbat of toe firitUh Parliament, whenever (if ever) it may becono E tV. ( ennpro- i delibera- it wili no •mesof the of V«teA«c, b> iliel8th d the Cun- rliiwnent \A le cuiK}ut>ht tiuiapiib.*-" d Oy ttir n«| le Ibili Seo. uin h/// n'it ^sty'H Coio- !ti levied in :li wait vpe- [iribuliiig to ihtiii, it did awbicli had wftit'h werd ledand still' fund solely Junlkt mid ifher maiti'er i> the neike- nt»( impost iiquehtioiiB- rily'i/ailh. tttng tu ttiAt lb Majeny iiavigaiiuo rrf lu Ije a p- aud di'poi" h. li, Willi ? ery clearfy of (his a«t ies ini|iti(4(I triiy uf ihe lacting part I of Hit Mtt' ui- Ihe lime (the duties if Ihe siiid them shall on the mat- ntand will lay becooM .A.W''