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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one expoaura ara filmed beginning in the upper left hand corner, left to right and top to bottom, aa many framaa as required. The following diagrams illustrate the method: Lea cartes, planches, tableaux, etc.. peuvent Atre f llmAs A des taux da reduction diffirents. Lorsque le document est trop grand pour Atra raproduit en un seul cliche, 11 est film* A partir da Tangle aup4rleur gauche, de gauche k droite, et de haut an bas. en prenant la nombre d'Images nAcessaira. Las diagrammes suivants illustrent la mithoda. 1 2 3 1 2 3 4 5 6 Le S6n-;ii)3iio de Q^ikbec. Q4(M,'r? A CUE. 19C4 ■r/,^ D OCUMENTS and COMMUNICATIONS addressed to the Honorable Louw Joseph PAPiMEAr, Speaker of the House of Assembly, by the Honorable Denis B. Viger and Auoustin Norbert MoRiN. Esquire, named to proceed to England, and support the Pelitioni uf this House to Hit Majesty and both Houses of the Imperial Parliament. No. 1. 2. 3. 4. 5. 6. 7. No. No. No. No. No. No. No. 8. No. 9. No. lO. No. il. No. 12. No. 13. No. 14. No. 15. No. 16. No. 17. No. 18. No. 19. No. 20. No. 21. Letter from the Honorable D. B. Viger to the Right Honorable E. G. Stanley, dated 14th November 1833, with an Enclosure entitled " Considerations &c." [TAe said Letter arid Enclosure were addressed to the Speaker of the House oj Assembly^ at the same time with those inserted in the Journal of last Session, but having been mis-sent they were not received until long after the Session.] Letter from the same to the same, dated 15th March 1834. Letier from the same to the same, dated 5th April 1834. L^'tter from the same to the same, dated 19th April 1834. Petition of the Honorable O. B. Viger and A.N. Morin, Esquire, lo the King, dated 15tb May 1834. Letter from R. W. Hay, Esquire, to Messrs. Viger and Morin, dated 30th May 1834. Letter from Messrs. Viger and Morin to the Right Honorable E. G. Stanley, duted 2d June 1834. Letter from the same to R. W. Hay, Esquirp, dated 2d June 1834. Letter from the Hniihle. D. B. Viger to the Right Honorable T. Spring Rice, dated 21st June 1834. Letter froiu the Right Honorable T. Spring Rice to the Honorable D. B. Viger, dated 2dth June 1834. Letter frona the Honorable D. B. Viger to the Right Honorable T. Spring Rice, dated 27th June 1834. Letter from the same to the same, dated Oth August 1834. Letter from the same to the same, date loth August 1834. Letterfrom the same to the same, dated 23rd August 1834. Letter from the same to the same, dated 27(h August 1834, Letter from 11. W. Hay, Esquire, to the Honorable D. B. Viger, dated Ist September 1834. Letter from the Hoiiorable D. B. Vigor to R. W. Hay, Esquire, dated 5lh September 1834. Letter from the same to the Right Hdnorabie T. Spring Rice, dated 16th September 1834, Letterfrom the Honorable D. B. Viger to the Honorable L. J. Papitieau, dated 4lh March 1835. Letterfrom A. N. Morin, t]sqiiire, to the Hoiioral)le L, J. Papiiieau, dated 4th March 1835. Letterfrom Messis. Viger and Morin to the Honorable L. J. Papiiieau, dated 4th March 1835, with three Enclosures marked Appendix Nos. 1 , 2, 3. 4 \.A No. I. Letter from the Honorable D. B. Viger to the Riirht Honorable E. G. Stanley, doted 1 Hh November 1833, with an Enclosure entitled '* Considerations &c." Sir. 1 should wi linijly have sent you at an earlier period the portion of my Inbonrs which accompanies this Letter, liut the subject under consideration is compli- cated, and there wiis some difficulty in niakin;>a selec- tion out of a very great abundance of matter. The con- siderations even now extend to some length ; yet, with regard to what has occnncd within the Province, I have scarcely even alluded to any but recent fact.s, although there were a crowd of others of older date which would have furnished matter for important inferences. There are, indeed, facts enough cited to prove the correctness of the remark I have more than once made with regard to the danger of coming to a conclusion here concerning the state of things in the Colony, on information which can seldom place them in such a point of view as to enable a person to form a correct judgment on the subject. This is not the place to enquire into or to discuss the reason of this ; it is sufficient that it should be impossible to deny the reality of this danger. i Passing by this consideration as far as regards recent events, allow me to recall a striking trait in the History of the Province, at a period which is now beginning to be considered as moic or less remnte from our times. It is well known in what colours the Province and the public menin itweredescribed,moreespeciallyduringthe three years immediately preceding the last war with the United States. It was neverthelesis by the assistance of nren who had been thrown into prison under a pretend- ed thaii^e of treasonable practices, and of a people to whom treasonable sentiments were imputed, that the successor of Sir James (.Jraig was able to preserve to the Mother Country, a Province, the Inhabitants of which it was openly asserted, would infallibly turn ajrainst His Majesty'.^ Government the arms which might be imprudently trusted in their hands for its defence. One circumstance, among others, is worthy of remark. A long time previously, the Legislature bad been in- duced to pass an Act for the suspension of the Habeas Corptis kvi ; — and this suspension Act had been renew- ed each Session, as being necessary for the safety of the Government. The abuses to which this Act had then re- cently given occasion, was the reason of its being allow- ed to expire at the very moment when the war was about to breakout. Yet the Country was never more pro- foundly quiet than while the war continued. The cla- \ mours 2 mours of which we have just ipoken. were neterthe. Icsa recommenced, even before the war v/m at an end ; and thus have lince been reiterated many limes at short iotervals, and have sometimes been contmued inces- sanlly for several years. Of what Climes were the Canadians guilty ?— Wn« did they then ssIk ?— What have ihey since prayed for ? —A Government which should afford protection to all and to each individual ; equal laws and an imparlial ad- ministration of them ; responsibility in public func- tionaries 1 think it right to leave you to make your own reflection on this subject. I Ihiiik myself justiBed aho in pointing out another I have already remarked that the fecundity of this source of abuse in ilio exercise of authority, was still further increased in the Province by poculiar circiiiii- slaiices. — It is the vice of a system, mid tho consequen- ces are inevitable. The representations made by those in nuihority must necessarily be calculated to support views and interests which are as necessarily opposed to those of the mass of tho people. — The result, with regard to tlio subject in question, has been, that instructions have been sent, but which were not always in harmony with the state of things in tho Province ; — that measures liavo been adopted, which were sometimes contiadictoiy, and on certain occasions even something more than nibitrary. It would bo useless now to stop to consider tho cflbrts between the soldier and the people of the Country been recently drawn. I should not make this a subject of rcmsrk, if the similarity which prevails in the accoutit inserted in several Newspapers, and the choice made of those in which it is published, did not appear to have been intentionally calculated to obtain credence for it. Yet.evenfrom what is stated in the papers in question, it is impossible rot to infer that the active and vigilant in- terference of the Magistrates would have arreted the jirogress and prevented the effect ofthese acts of violence. Not to speak of any other circumstance, 1 must call your attention to the fact that they were continued du- iing several successive days ; thai it would doubtless have been the easiest thing possible to put a stop t» iheae disturbances and to prevent their recurrence ; that on every side complaints were heard against the more than apathy of the Magistrates, who nevertheless allowed eight days to pass before they interfered ; and that thfi manner in which they at last proceeded had not the effect of inspiring the public with confidence. There is not the sighiest necessity for now entering into any dis- cussion concerning this conduct :— it is with the facts only that we have to deal. Before closing, I ought to state, that in the communi- cations which accompany this letter, I have in all that relates to the accusations brought against one e mother country. the suspension of public functionaries against whom char- ges hod been made and proved by evidence, and after- wards their removal from < )ffice. It will bo sufficient for me to remark here, that after the opposiiion had been carried so far as even to deny that the Assembly had any right to bring accusations, all the complaints against public functionaries, prior to the year 1831, had completely fuiled. Pretexts had been formed under which they had all been successively rendered abortive without any examination of the merits of the questions which they offered for dis- cussion. At last however, in 1831, charges were biought for- ward by the House of Assembly against the Attorney General, who after he had been in tlie fii-st instance sus- pended on an Address of the Assembly, was subsequent- ly removed from Office, after the charges made against him had been examined on this side of the Ocean. — On other charges brought in 1832, against a Judge of tho Court of King's Bench at Quebec, who was at the same time Judge of the Court of Vice Admiralty, no decision ha.-i yet been given. Before I bring under notice the circumstances connec- ted with tho iwo accusations just mentioned, which form tlio subject of ihcsc considerations, I ought to state that the difficulties under which the Province had theretofore laboured in that respect, had been the motive which led the people to desire that there should be established in the Province, a tribunal which should take cognizance of the malversations of Public Officers, and have power to try impeachments against tliem. At the same time that tho people prayed for the Reform cf the Legislative Council, they prayed that this power might be given to it : — Bills investing it with this power had been passed by the As- sembly, but they had been constantly thrown out by tho Council. His Majesty's Government has shown a disposition to favor a plan of this kind ; but only with reference to im- peachments against Judges. In this state of things, and while the accusations against the Attorney General were under discussion in England, the Governor was blamed for having suspended that Officer from the r^xercise of his functions. And he has since refused to suspend the Judge who became the object j)f charges on which no decision has yet been given, and which have just been mentioned. On the one hand this censure passed on the conduct of the Governor, and on the other his refusal to accede to the prayer of the Assembly, are not only proceedings in themselves worthy of the most serious attention, but e- vents whicl\ have recently occurred in the Province, and the peculiar circumstances inider v/hirh it is placed, add much to their importance — These proceedings became also the object of laborious examination on the part of the Assembly, after the Dispatch relative to the Judge whose suspension from Office had been asked for, was communicated a communicnteti to it.— The Commiltec to whom the enqui- ry wns entnistctl, laiJ before iho House on the thid of Jn- iiunry of the Home year, a Report on both thcso subjects, wliiili does equal honor to ihoso wlio drew it up and to the boily whose approval it received, by the correctness ])othof the principles and of the facts brought forwaixl in support of the proceedings of the Assembly. Tlio researches made by the Commilteo make it un- necessary for mo to enter into any considerations of de- tail on the subject ; I shall confine myself to some re- mnrks calculated to throw light on those which ore to bo found in ihn Report, to which I may with propriety refer on all other points. ^Vith regard to the general question of the suspension of a Public Ofllccr, when the charges made against him are ascertained by evidence received by the House of Commons, who ask such suspension at the same time that thry ask his final removal from Oflilco after due examina- tion into the charges brought against him, it would, I think, bo difficult not to ?ee that except in those absolute- ly c.xircmo cases which can with dilllculty bo supposed possible, the House possesses an inherent right to de- mauil his suspension as the consequence of undoubted principles, and of the clearest ])ossible rules of analogy, — a right sanctioned by constant usage in England, and even by the practice already established in the Province. ■ — The Report of the Committee leaves nothing to be de- sired on this head. In (he first place if we consider the principles and prac- tice which obtain in England, it will be impossible not to ngice that this suspension of a public functionary under accusation, or his being deprived of the power of exer- cising h's functions while under trial, is the inevitable con- sequence of an accusation brought against him by the House which represents the People, whenever,us I bcfoie remarked, the facts on which the accusation is founded are ascertained. — Parliamentary History proves this, and the f 'omniiitcc of the Assembly have cited a case which is a- lunc suflit'ient to dispel all doubt. — They miglit in like manner have insisted on the procccilings on tlic Im- peachment of Sir Warren Hastings, and moro recently on that against Lord Melville. — And I may add, (as is re- marked in the Report,) that the accused was lonnerly much more hardly dealt with. (1.) But I ought to remark, that the proceedings of the Assembly, as well against the Attorney General who was removed, and with regard to the accusation against the Quebec .Judg-o, which is still pending, as agaiubt Mr. Justice Fouclicr, in the year 1S17, are in accordance with the rules of constitutional law, and with the usage of Par- liament. The conduct of the House of Assembly of Lower Canada on these occasions was, as of right it ought to be, an exact imitation of that of the Commons of England. If it had been possible to make any serious objections to the charges brought by the Assembly, ibundetl on the irregularity of its proceedings, or i's want of jurisdiction, no one could have urged them with greater eflcct than the Attorney General of the Province. In his answers to the charges Iironght against hiin by the Assembly, he did not fail to have recourse to every objection of this kind which he could urge against the House. Neither talent nor zeal were wanting in support of the cause he dcllni- ded. It is nevertheless suflicient to glance at that part oftho discussion which relates to this subject, to be con- vinced tliat the proceedings oftho Assembly cannot be impui nied. It may be seen also in the remarks which form the reply to the said answers to the charges brought by the (1.) Tliisiubject Imdulrcnily been discussed in llio Roinarks in re- ply to the nnswrr of tho Attorney Ciciieral to l!ie chargcii broufjht iigninst him by Iht Asiicmblr. House of Assembly, wlint tho circumstances were, which in 1814, induced tho Executive to rclii- c to accede to tho deinand then made (or the suspension of the Chief Jus- tices then under accusation. The same pretext could not avail in b.:half ofMr. Justice Fouciier, any moro than with reference to the Judge now under accusation, or than they could have dono with reference to the Attorney General. If the argument were confined to the consideration of the rules of analogy, it might be asked whether it can easily bo conceived that an accusation brought by that branch of the Government which represents the pooplo oftho Country, ought to be of less weight against a public functionary, that the finding of a Jury against an individual ; than an inquiry made ijcforo a Judge, or a Justice of the Peace, tho consequence of any of which to the accused is the immediate loss of his liberty, without his being even able, in ca|)ital cases, to claim as a right tho privilege of escaping imprisonment, by furnishing bail for his appearance at the time appointed for his trial, and his presence during its continuance. Some hardship nrjay bo found in tho inconveniences to which a public functionary is exposed in consequence of his being accused by the House, but no more injustice can be found in them than in those to which individuals are exposed by an enquiiy which ascertains the commission of a crime which becomes a subject of investigation in the ordinary course of the law. These inconveniences flow from principles of justice of a superior order. The in- terest of the individual is mado to give way in this in- stance as in others, to the necessity of providing for the safety of society in general. On the other hand, have not the country which sufTers from the abuse of authority, and those who are the im- mediate object of such abuses, some claim to protec- tion ? If a mere suspicion existed of the partiality, injustico or corruption with which the actsof the functionary must necessarily be tainted, when the offence is ascertained hy an investigation, such suspicion would of itself and alone be an imperious reason for depriving the accused of the right of exercising his functions, until he had satisfactorily accounted for his conduct or proved his innocence. What would be thought in England, if a public offlcer was seen to continue to exercise his functions after an enquiry of so solemn a nature, and afler he had been impeached by the House of Commons ? I refrain from now insisting on the circumstances which render the con- tinued exercise of their functions by the accused, wliile they are under trial, much more dangerous in Canada, for this reason, among others, that all power is there concentrated in the same liands, or at least in those of men whose views and interests are tiic same. I have, besides, already shown in another of my com- munications, how far the situation of those whose con- duct becomes a subject of investigation betbreihe House, is prel'erable to that of an individual subjected to the en- quiries which take place in the ordinary course of the law. Almost all the proceedings against the latter take place out of his presence, he cannot have access to tlio depositions, in consequence of which ho is put on his trial. Belbre the House, on the contrary, the proceedings arc ojjcn, the accused can have access to the evidence and to the depositions brought forward against him. In fact, if his conduct is at all susceptible of being defended, he may find and always docs find defenders in an assembly composed of inen taken from all classes, from all i-anks, and iiom all iirol'essions. In the present state of society, in Lower Canada more pai ticularl'y, it is almost out of the p'Ssible course of events, that all should, with one accoi'd, combine to ruin liim, and to in)molute him to gratify the hatred of his persecutors. CominT- h Coming now to the especial consideration of the mo- tives of tlio relusnl to suspend the Judge under accusa- tion, I must first remark that the terms of tlio Dispatch would induce a supposition Ihat it had not been tn the power of the acaised to have complete access io the evidence given against him. That the means of de- fending himself had been refused him. That the pro- ceedings of the Jlssembly had been adopted without ob- serving the ordinary forms of law. It is absolutely impossible thot the Minister could of his own act have persuaded himself that the Commons of the Province had deserved lliese reproaches ; there must of necessity have been something worse than incorrectness in the informa- tion laid before the Government, before this language could be held. I have already said, that the proceedings of die As- sembly were conformable to tin rules and practice of the Commons in England. I must add that the investi- gation in question lasted several years, and was continued during each Session from 1928 to 1832. During this time a ^lortion of the Evidence had been printed. The proceedmgs were so well known, that ihcy formed the subject of a Petition made by the accused. He content- ed himself, it is true, with praying the Assembly to come speedily to a conclusion, and did not think it neces- sary to make any further prayer. It assuredly was not the business of the Assembly to require him to pray for for any thing further — as for instance, that he might be heard ; it was his business to do so. I must refer to the remarks contained in the Report of the Committee of the Assembly. The objections which it might be en- deavoured to raise on this subject, have, moreover, been already the subject of laborious discussion it) the remarks in reply to the answers of the Attorney General. I think I may say that they have been proved to be evi- dently applicable to the conduct of the Assembly. It is also doubtless, to the manner in which the facts have been represented so as to excite a presumption of injustice on the proceedings of the Assembly, that we ought to attribute the manner in which the Minister looked on them when he styled them a condemnation. The enquiry uistiluted by the House, the evidence received, and in consequence of whicli it demanded the suspension of the Judge, at the same time that it accused him, can no more be justly styled a condemnation, than tiie pro- ceedings of a Grand Jury, of a Judge, or of a Justice of the Peace, followed in the ordinary course of the law, with regard to the individual who is tlie object of t'lcni by the trial and hardships of which we have already spoken. And it appears, moreover, that in the case in question, the proceedings were all modelled on the actual practice in England, which those of a Judge in the Province would not be, as is remarked in the Report of the Com- mittee of the Assembly. In looking at the question in this twofold point of view, it must in the first place be kept in mind, tliat the House of Lords is not only a branch of tiie Legislative body, but is at the same time the highest Court of Justice in the King- dom. Independently of its other functions as such Courl, it has the exclusive cognizance of Im|)cachmcnts brought by the Commons against Public Functionaries. With regard to the Commons, they cannot bring such Impeachments without a previous investigation, without having before them evidence of the truth of the charges against the accused, who is in consequence thereof sub- jected to the trial and inconveniences in question. It is after these proceedings have been had, that the Impeach- ment is brought— that the Lords hear the parlies, and pronounce judgment finally against the accused, if they find him guilty, and that in addition to the loss of his office, they may inflict on him pecuniary or corporal pe- nalties. It is unnecsBsary to make any remark on the analogy between this mode of procedure and that follow< ed in other Courts. With regard to the Judges id par- ticular, they w(>rc formerly removeable in England. It would be useless to add that they might like other func- tionaries be impeached by the Commons ; that they were liable to the same consequences. It was by virtue of Acts of Parliament passed during tho last century, thai they ceased to be removeable, because they hold Uicir Commissions during good behaviour. But it was thought necessary at the same time to provide means for avoiding the circuitous proceedings nbovementioned, and instead of an Impeachment first brought by tho Commons, and the subsequent suspension from office and trial of the ac- cused, and his final condemnation and removal, it was enacted, that the Judge under accusation Mhould be re- moved on n joint Address of the two Houses. From this statement it is evident that the right of im- peaching on the one hand, and of trying on tho other, divided formerly between the two Houses, are now tho common right of both, as fai as regards the Judges and their removal from office, When they pray that such re- moval may take place, they pass thereby a sentence of condemnation. 1 lenco arises the necessity of n diflcr- cnt mode of [irocceding, of which there has recently been an instance m Parliament, founded in like manner on a special li\w. No consideration drawn from Uiis state of things is ap* plicable to Canada. The Legislative Council is mvested with no judicial power. The Commissions of the Jud- ges, like those of all oUier Officers of Government, are held during die Kii.g's pleasure : the Assembly cannot in any way pass sentence of condemnation on any public functionary — it has no power over them Imii llmt of insti- tuting an inquiiy (which forms its pticujinr jurisdiction) and as a necessary consequence, the right of accusing them, and demanding their suspension on proof of the cliargcs brought ngainsi them ; and their subsequent re- moval, if they cannot prove their innocence. When this is understood, tiie idea of any obligation on the part of the Assembly to reciuire the proseiice of an accused functionary, in order that he may defoiul himself will lie seen to be as repugnant to received principles, and to die practice of Parliament, as to the rules of uiialo"-y. It is for him to pray to be heard. If lie does not do Vo, and suflers any damage from not having |)resented him- sf'K'berorc tlie House, he can blame no one but himself. We have already seen that private irulividiials cannot claim the same advanta^res with reference to tiie proceed- ings of which they are the subject, before they are put upon their trial. The Assembly, then, cannot proceed against the Judges or against any other finictioiiaries, except accor- iiig to the rules of the common law : but from this fact it (bilows tliatthe suspensiun of the accused ufter the close of die iii(|uest. until the Executive Government (the only tribunal to which application can be made) shall have eiKiuired into mid pronounced a decision on the business is an act imperatively required by public justice, and per- fectly in accordance Willi principles, practice and analogy. It would be easy to snow, that to leliisc it, would more- over be to ofler in some sort a preminiii to malversation in the Province, and to encourage it by the almost cer- tain hope of imjiunity. It must also be unnecessary to enter into detail for tho purpose of shewing how much, in the actual state of things, the chances allbrded to public officers of eluding the effect of the accusations preferred against them are muhiplied. We have already seen v-ith what success their efforts to do so have been crowned. I shall con- tent myself with pointing out some recent facts, and in what tituation the Province has been placed, with refer- ence I cjice 10 this tubjoct, •itice the Brilisli Government has •ijfiiiflod its iniciition to concur, as fur as Impeachments ojfainst JiiilfiTPa arc cnncornrd, in tlio establishment of a Tribiinul which it was wished in tlin Province, shonid bo cslabiishrtl with reference to all public Fnnctionaricy. Tiio Lcffi'^lalivc ( ouncil would now gladly concur in passing- a Bill for investinK it with tho power of trying Impeachments. The other House on tho contrary, du- iin<,' the lust Session of tho Provincial Parliament, tlirew out'the Uill wiiich it had previously p.issed for that pur- pose. It has already been asserted, that in so doiny, it acted ill contradiction to itself. Tho satno thing might he said of the Council ; yet, on considering tho circum- Blances attentively, it will be easy to see that this contra- diction is only apparent, anil that tho two Houses s'.ill net upon the principles by which they have heretofore been respectively guided. When tho Assembly demanded that the Council should bo invested with the jurisdiction aforesaid, it understood that tiic Council should at tho same time bo reformed ; that new appointments should place that body in hai- niony widi the mass of the People of the Country, and conscpiently with that branch of the Government by which they arc represented. This is also what tlin whole People of die Country prayed for in their Petitions. Tlie facts which I have cited will shew whether tho late appointments have pro- duced this eflect. Wo have seen also that the diflcrences between the two Houses, on questions of Legislation, as on all others, were nioro strongly marked during the last Session than they had been during any other. Let any one examine the Address of the Council refer- red to in tho preceding considerations which is also tlio subject of the remarks which I laid before the Colonial OBlce on the 17th of June 1833, and to which I am now compelled to return, and say whether it would now hc\)o>^'^Mcthiittkc Assembly should consent, as far as regards Impcachmcnls against Judges, to place the fuio of the Country in the hands of men, tvho formin", as lliey do, the inajority of that body, have piihlicty avowed sentiments, vjhich so strongly breath somelhim^ more than national prejudices, in an Address filled with imputations against the Assembly, tchich arc much more than calumnious and gratuitous. Those violent tirades are used in the said Address in the same breath with reproaches for having refused to pass the Bill for the independence of the Judges, by means of which the audiors of die Address would have themselves become Judges between those functionaries and the House ! What a Tribunal would that be which should be composed of men, who in so solemn a Docu- mont, go so far as to identify themselves beforehand, with the very Judge whoso conduct was for years a sub- ject of investigation in the Assembly, and who had al- ready become the snliject of an accusation which is still hanging over him ; not to mention that they therein come forward ns the yralous defenders of the abuses against which tlie Country has so long remonstrated. Iiidopendonlly of this forgetfulness of the first princi- ples of impartiality, with regard to the administration of Justice itself, this circumstance so strongly supports some of the rpinarks laid before the Colonial Secretary (of which I have first spoken) that it becomes my duty to dwell an inrtant longer on this subject. It may be seen by the Documents which form part of the Evidence re- ceived on the enquiry before tho House of Assembly re- lative to the conduct of the Judge in question, that long before the accusation against him was preferred, he gave vent in a correspondence with the Administrator of the Government, to the most bitter calumnies against the House, Tvhich the authors of the AddroBS afterwards in- serted in that Document, which (hoy heightened, and t«i which tluy even added others (2.) This is the wty in which they chose (o preclude tho exercise of tho judicial function", which they reproach the Assembly Jbr not having vested in them. The fees exacted by the Judge of the Court of Vies Admiralty, from those who were suitors in this Court, had furnished matter for the most serious c()m[)Inint in tho Province. They had long been a subject of inquiry on tho part of the Assembly, and of a long and rigorous in- vestigation, anterior to diat which relates directly to tho present accusation. The salary attached to the office held by the Judge, had also been for some years voted by llio House, on the express condition that he shonid not tiike the said fees. He pretended ncvertbelrss, and notwithstanding this condition, that he had a right to con- tinue at the same time to take tho said fees, and to re- ceive the salary voted him. The Administrator of the Government refused to accede to llirso views, and this gave ri>i0 to the correspondence in I8J0. The Judge contested the right of the Assembly to annex conditions to its voles of money f Ho pressed the Administrator to disregard the condition, and to cause his salary to ha paid him out of tho juiblic monies, although he persisted at tho same lime in taking the fees in question I It is with reference to the condition annexed to its veto by the House, that ho cries about the danger of paying any at- tention to its lieiolutions of taking any notice of a Resolution, which he styled vain and secret, though it was passed publicly, and entered on the Journals. He styles them mental reservations, insulting and humilia- ting conditions lohich lootdd deprive the Croivn of the services oj all tvho deserve its confidence. They cover, according to his loiter, secret political motives, n spirit of French Democracy, by which the }1oufo seeks to absorb all the powers of the Government. The motives of the Assembly were, he says, not only to obtain an indirect influence over thepiibUc business, but to gratify the rcseutnicnt peculiar to all popular bodies, against the individuals by whom tlicir ambitious views are opposed. It was, lie contiiHic*, by resisting the encroachments of factious and repul)lican spirits, that he incurred this dis- plcasm'o of the Assembly. Such was the language used by a Legislative aitd Exe- ruiivf Councillor, a Judge of the Court of King's Bi'iuh, of the Court ofVice Admiralty, and of the Su- prcmi' Court of Appeals in the Province. (3.) Such is the source also whence the authors of the Ad- dresis apparently thought it right to draw a portion of the imputations which it est upon the popular branch of the Go\crnmcnt. Such is their ti!!c to claim the right of becoming Judge bftweentha' I'Mucliand the public Functionaries. Docs it not !aitl aliovr. 1 liavu alreed)- remarked in llio conimenremenl of theiie rnntidernlionii, Hint the infliirnre ol |>rejudicrt •WM neceitHarily on the tide of Ihi* pnhhc funclionanei, at (lie luniu time ihiit ihcy (loi^emed easy meani of cum- muiiiciiling with KIh Majruly'^ liuvernmenl. which weru not within the reach of llin people of the Country. They must in giMUTal he powerfully leconded by iho Executive Govrrnment of the Province, whom inra* •ures nro entirely ri>D;iilated by ihein. They form a diHtiiici bndy, whose Members united ai they are by a common interrttt, arc liiuiight lo|;ether in the Inferior Courtu, the Superior Cnuri« nud the Courts of Ap- peal', and even in the Magidrncy.in the Public OAicra and in the Gxrculive Council. The veto of the lirHt branch nf the Coveniment as we 'I as that of the Upper House in their haixlH. It wns therefurn an act nf rbgnlnte necessity on the part of the Assembly to lake uieagures for ensuring oup- port in England to its claims and remonstrancs made in Iho name of the Province it reiirfsents. The Mem- beri who form the majority in the Council, and whoie work the Addiess in question is, uri;o ili4 Majesty's Cjovernment to repulse tht; person who is chxr^cd by (he Assembly to interpret its sentiments to that Go- vernment, because his appointment did not receive their sanction ! But they who arc themselveH the organs of the public functionariei, constantly rcjeclc I iluriiig twenty years all the Bills tent up by the Assembly for the appointment of an Ajjent for the Province, more es- periully during the last four Sessions of the Piovinrial Parliament. They first coiitosled the right of the As- Hembly to bring complaint against public functionaries, and then the right of complaining without their concur- rence, — thatis losay, in other words, without thesanction of the delinquents. They now insist on having the right of deciding between those delinquents and the .4s«eni- biy. Would not this be to nialce the accused Judges in their own cause f In the mean time, private individuals are allovvrd to support with the Government ilcinands of more thnn imu kind, some of which even concern the Provincial Revenue. Thoe who form the majority of the Coun- cil second some of these schemes, in winch certain nf its Members have a direct interest ; and nt the sonic time they pretend in somir xorl to deny to His Mnjoiy even the right of listening to him whom the Assembly has charged to explain its demands, and to support ihu interests of the People ii> whose name it ocIh, — wliile ihfj themselves, the self constituted defenders of all abuses, as well as of those whuse < onduct provokes the retnonstiances of the Assembly, make its complaints a crime, distort all its proceedings for the purpose of drawing odium upon them, and heap on it something more than insult. Such istlifsfiise of justice which breathes in this Document, such are the leosons ofjustice which are given in it toihe Ministers of the Government of the Empire. After having labored for more thnn half a cenlury with a view to ensure them«elves salaries independent of the votes of the Assembly, the pubic functinnarics endeavour to consecrate, as it wire, the princi|»le of their inviolability. Being above all control, they could then, more paiticularly in what relates to themselves, tasily dictate Laws even to His Majesty's Government. Would it be consistent with the honor of that Govern- ment any more than with its interests, with justice or with sound policy, to stifle the voice of a People >\hu raiiie it against these pretensions f Keller from the llnnornld.' I). It. Viger to the Right Uonomble E. G. Stanley, dated 16lh March \iiiH, Sir, After having: ff\ven my attention to the numernut Dncumenta which I have at d irercnt limes received from Canada, it was my intention to comnumicale to yim some further remarki relative to certain fads which it apjieared to me important to puiticnlnrize; >Vhcn certam Extracts from l)e<'patches to ihu Go- vernor of the Piovince reached me, afller they had been made public by being printed. In addrersing In yon my remarks on Ihii subj- cl, I yidd to a feeling of duty with which it is impossible for me to trifle. There are Mome observations on this subject which cannot escape us ; but there are some of another kind which lead me to beg you to recall to mind the remarks I have already laid before you. It is right that 1 should add, that looking at my po« silinn in other res|iect8, yon cannot fail to see that a most pnwi'fful motive must have been necessary lode- tcrmine me to remon.slratn against the proceedings of those who compose the Branrh of the Legislature of the Province to which I belong, ^us it possible that I could, is it possible that I should now,seek to wound the feeliiig4 nf men against whom I have no persjnal reason nf comp1nin(,np mnng whom there are some of whose friendihip 1 ih d be proud, and others whose good will I should 1 .e powerful reasons for wishing to se* cure ? Hut before I was a Member of the Legislative Council, I was one of the people of my Country, — I was a subject of IliH Miijesty's Goiernment ; my du- ties in this double rapncily are not to be outweighed by affection for or community nf interest with the nody to wbomIbelflng,andMill by considciations peculiar to my* self, or those concerning oiher individuals rather than my own interests. To proceed to the Extracts from the Despatchei ; if I do not mistako the meaning of that which relates to the Addrrss in which the Assembly pray* for a change in the Constitution of the Legisla- tive Council, it was thought that a very wild expres- sion had been chosen when the Address was merely styled extremely Inconsiderate, yet some of the most en- lij!hten( d Statesmen ol' whom Enj;l!ind can boast, had raised their voices ai;Miiist ijn: I) II which vvi-ntto create in a (Country win re the nniteri.ils of an arislociacy were entirely wanting, n sccund bmncli nf the Legislature ill imitation of the House of Lords in Eiifiland. Others of equally dislingiii>lieil iiilcnis, hivc within these few years pa^il, given utleiunce lo reiiionslrances of a simi- lar nature in the Iinptiiai Piiilianienl. It will no doniii hv iliiriLiiit (or ilir; Inliabitants of the Province to coiiiproliend liow it cnu lie made u crime in tlieni lo jmriako scnlimcnls emitted even by some of ihosi! Y.lio iiieuniong the number of His Miyesty's Mi- nibleis. llus not liie Assembly reason to fe r tlinl the reproach- es to whitli it is subjected, have their source, on ihc ono linnd, ill repiesentaiions similar lo those mentioned ut the coiisiileiations I linve laid belbie you, and in accusa- tions of which it has no ki:owledjfe, and which it lias (ta' that reason no means of lebutliii},',— on the other hand that they depend on some of those associations of ideas fioiii the inllueiico of wliit:li (lie most enlightened men cannot always escape.— The Despatch in question dcsi},'- nalcs as a JVdlional Convention, the species of Asseni- l)ly snjrgesicil in the Address, to consist of persons lu 1)0 chosen by all the Electors possessing' u certain income arising- from real piopeiiy, superior to tliat required for urdinary i oiiliniiiy Klrt'torn, to drlilKTad' on u Mtijflf. and ipotiftl Hiilijiict, iiH the iiieimKor I'linoviiii; nil iIomIiIn wliicli ciay havo hof II excited OH lo llie Heniiinnils til' (ho IV'ti|)|e o!" lilt! Cuimtry on tlim Hiil)ie(;t, lint iliu oxjireHHiiMH on lliirt heud ill (ho Dcpalch are li.ilil v to he inittfilcon. They mo Hiiscepdblo ol' im inti'ipictatifm tmieli niDie iii- jniions In the Cominonsi of llio I'roviix e; and ii l'"ilini,' of jUHtico will lead yuii tu re<{a>t tl.iit this kIiohIJ he ih<' cB«e. Ill ilH Ad, and the votes for tlie Salaiy of the Judge of the Court ot' Vici; Ailmii'dlty, during several succesisive Sessions. — Tlie m- mor wa« granted oin'ondmonot leMidciici" widiin ilic Pru- vince, iiii'l the I.HIer on eiindilinu that tie .liidi^'i' : Imiilil not exact ties from (he siiitofH in hi-iC.)ail. — li would be imek'ds to make iiiiycoimiienl with reg.ird (o (he xulary of the Lieutenant Cinwmnr with referenco (o which pro- vi«i()ii was ni'ide by an Act of ilin Le[;islaiiir'' ; niid with i'es|Mible to consider us a violation of the Constitution, conditions which can have no other f ffect than to cause its best established principles to be respected, nnd moreover, how is it possible to deny tho right cf the Assembly toinlruduce into its Hills, condi- tions which nrc^ obligatory on iho Executive Government, even wilhoiit their being entered on the Journals of tho Commons. Of this kind wen; those relative lo tho sn- laiy of tli( Judge of the Court of Vice Admiralty which like many other onalogous ones, and like those which are found in the .'Vets of the Provincial Parliament, have been respected by the Executive. I shall say nothing of the possibility of inferring from the t'liorof certain parts of the said Extracts, that a demand of Supply ought lo be considered by the Assembly as an order which shnnid admit of neither examinaii(jn or dis- cussion. — I ought not to allow myself to suppose (or an instant that His Majesty's Ministers intended to invoke u d(;i Iriiic like tlii*. On tho several occasions of which I have just spoken, the t'rovinfial Assfinbly a' led on a principle which is (br- mally enounced in l!ic Resolution of the (Jommons ot I'aiglanil, declaratory of their rights, nnd repented in the K(!-^()liitioiis of the Assembly. — I believe no doubt has been eiileilainctl with regard lo this right in itself, since the opinions and ideas on tliis subject have become fixed. — IC i( is not necessary to exercise it in Enirland, it is Ik^- causutlie lOxeeutive Government, instead of creating u necessity for doing so, itself sets the example of respect tor the rules prescribed on these matters by the Constitu- tion. — The remedy for the supposed inconvenience atten- ding (iie said conditions is in the hands of the local Adini- iiistiation. It would be sufficient to imitate the conduct rS the Goveiiiir.enl at home, and lo remove, as it iu> tlie power lo do, the abuses which occasioned iheai. Passin'r over some considerations connected with tho principles of the strici Constitutional Law, and viewing the matter with relereiice to tliose Rules which are com- mon to all Governments, we remark that Acts of Legis- lation ought not to be multiplied upon subjects of sccon- (laiy imiioitaiiee. — f shall not here eile the known max- ims which this simple remark will suffice to recall to mind. JMinislers ought not, nt the close of each Session of lluj Provincial Parliament, to be (breed to involve them- selves in a labyrinth of details and |)elly differences he- t.\eeen the Commons and llie other branches of tho Gc- veinment. It cannot surely be necessary to recur to the Inijieiial (Joveinmcnt 10 know whether a public officer oiiglu to be allowed lo retain half a dozen incomjiatible ufiiccs, or ihc duties of which he cannot perform at the same .lor-mt tlio Pplilinng tuv\ tlin 'Dof iin-tf>n(j mtVik'Vi .1... n. I! i .i (I ^ •nii.c lime ; or lolt-nm oikI be coiivmtetl lluit ho it iiiffl- cior tlv \vt II p'liil, wliiii tlio otilnrv volfd liini fnr oiio of ihc (iJlliu'M whiili 111' ItolU, placea liiin. in point (if iiicmii', on nil iijimlfiKJliiij,' Willi ihc ^Tcnlnxl laiidt'd |iro|.ri«:lora of (III" Count rv. What Wdiil'l 1)0 llioii -lit in Eiv-'lnnd if any of lli«> pub- lii- odluort flimikl L'oin|il,iiti lliii' tlicy wero not sii!lli;itnlly \Kik\ for llu ii' I't ivicps liy a falmy eiiiinl to tlio incoriu' of lilt tlrsil I'cds of ilii' K('-.|i(i, 01 even to (he iiiiinal proHl of till' richest Uiiiikt'i> in it. 'I'lic (iovoiiiniriil iloiihilcss, woiilil not in i -I, lor rxanipl'", on tlm iiraiHsily of j,'iviiijf nnil pifsciviiiif to one ol tlio Nuid IVoin, a Comnii-*!*!!!!! ns Slii'iiir, lo tnntimir or to be revoked at pleasure, Willi n Si'i'.rv ami CMdluuK ot f.ir I'Xi'codin^' his iin'oni", from ill'' Ian! •! properly ol .vliidi lio was liclorc in pos- grssion. — IJ'it what would he caid, if for tho purpose of conipcllin'^' tlie ruiiimoim to patify nil llic wishes of ilio ofTlio holders, the lloiHe of Loids w'ero liljrhly applau- ded for rejeLliin,' Hills lo provide for the Kxpenies of tho (Jovcrnmenl, — if ilie nc'-sity of snhniilliii'rio ihi^^e pre- tentions, wei'! formerly iiilimaled to iho ('omnions, — if the recomniendalions made to ihein on tho snhjrct wcrn Biiscoplihlo ol lieiMjjToiisiriied hy ihein into n command? As to tho siiyirestion whieli may he ijiiiliered jiom llio (rnorof the said Kxtrieis, dial each ohject oflhis naliiro cliDiildbe altainod hy a separate Law, it would ho ri^'lit, in order to form some irlen of the prohahle rtiiiHe(nieiu:(>a of such n practice, to eou«ider what havo hri n iho le-^ults of llieeonsiani oppo;-ilion of iliose whose asiciidancy in the other hraiiches of the ({overniiunt, nnd with (he Administration, is wiih.mt cheek lo iho views of the po- pular hranch ; not to mention siihjecis on which the pri- vile;,'es of the laller are Ic^s jieciiliar. Tor iuslance, what aleii'j;ih of time was rofiuircd to oldaiii successively, first the assent of the [-('.nslalive Council, and then that oftheloc.il adminislraliun — or (!ven the sandion of dm (Joveniment in Kiidar.d, to Bills sent op hy the Am- blv, to oiiahio the Inlmhilanis of diU'erent localities, such ns Parishes and Townships, lo establish ut iheir own ex- pense, Kiemenlary Schools, or ihosaofa couple of Towns to supcrinlend and control the application of llu^ proceeds of tho Assessmenis which they pay to dilhiy the cost of openini,' and repairiu!; their Streets and Roads ! I do not speak of a crowd of other Hills whii-h iho Assembly sends up frequently as uselessly, orwliich tho Admiui>-tralioii paralizes by its veto, when ibey have oljinined the assent of the CJouncil. It is suflicieut forme to remark, that oi,c Hill amon-j- ibo'^e passed by ilio Assembly, which has been re-introduced rep(>ate(lly them to jiroduce moie serious cirects in the Province tlian dicy could pos- sibly do ill any otln r Country. Proceedinnf now to what relate;? to the Writ of the Election for the County of IMonirenl, in another of the said Extracts, I must remark, dial there is no renuncia- tion of fixed principles, or (ormal rules susceptible of precise application according' to the species or (lifierenco of the circumstances in any gi\'cn case. This is a reason with nic f )r ubstainin'jf from enterinnf iaio any direct dis- eussioii on the subject. I shall only ask whence arises the propriety of submiltin^ to the decision of the person who holds the reins of Administration, or even to the opinions of tho^e who^c ndvice ho nmy lake, wiih re«- pect to (|neiitioii!« of piivilt'H^e, iiidppoudenlly of tlin princi- ples coniiecti'd uiih tho exclusive jurMdiclion of tho A*- s<'mblv on these ninllern ; is it poinible that iho House, more es|»ecially in tho prcm ut stale of ibiojifM, ulunilil no- knowleilLTo (his HpecicH of 'IVibiiiinl 7 Oii',dil it lo holil itself coimliliitionally bound lo nhido hy iho merit opinion of the Miiiisieis, however enliv'htoii'd they may he, upon fiuhjects often complicated, and n latin','' to pri- vilef,'eA necessarily iindenneil ; when experionco ntte^l« the didUully of coiiMianlly siiziii;? iho true pointt niidrr disciH'ion, and proves at the xame lime ihni opinions hava been i!onslaiilly varyiii'^' on these matters, nnd that after inoie mature consiiferalion, wo nometimes flinl omselve* forci d lo reiiirn to ihoso which wi; hud ut firut rejecteil us errors 7 It omdif tosufTlco to examinn tlio prorepdinjr ilnelf, to which this nespatih relates, lo he convinced ihut the As- sembly did not prelenil (as the terms used in iho Exirnct in i|ues(ioii would |i\idone lo supposi' it (lily respected the decisions of tho Assembly, with iei,'-fn(l to the expulsion of one of its Members. Ilia Majesty's (Jovernmenl bus itself done the same thinir, — and this, noiwithstandin:^ the representations made by a considerable number of Ihe Iiihabitanls of different parts of the Provinci', a'.;ainst this exercise of jurisdiction on the part of the Assembly, ami more especially in spite of tho remonstrances of the Inhabitants of the Country, most important by its position and by its population, said to be C(|ual to one-seventh of that of the Province, and which the House deprived of ih.e Reprcsciitalion *of its ch.oice, nftcr he had been several times unanimously elected. .After havii"^-madc known its opinion on thennlure of there proceediii!,'--^. His Majesty's Government could not ren- der a more solemn homage to the principle of tho indepen- dence of tho Assembly of the Province on this subject. What .nil re«- !• |irimi- tin' .\*' loiihl (ic- ;ltt it 111 111' mi'm licy timy II',' to pri- n nt(o«tt nti \m\ct iotiH linvs that nflor om-.^clvrs , rcjcctdl : imrlf, 10 It \\\r Afl- I! Kxlrnct I r8tul)li.-
  • IVforcii lSd4. Tlie Right Honorable, E. O. Stanlky, His Majesty's Principal Secretary of State for tho Colonics, &c. &c. &o. No. S. Letter from tho Hcnoroble D. B. Vigor to die Right Honorable E. G. Stanley, dated 5lh April 1834. Sir, Before aubmilling to you tho remarks which it is my duly to add to those in my last communications", I must beg you to recoil to miiiil some of my anterior remnrka on tho difficulty there is in treating subjects so complicated, 10 make such a selection from a parent abundance of mat- ter as to avoid detail and any thing which could bo consi- dered as of only secondary importance. In order to leave nothing to he desired, it would liavo been in some sort necessary to write the hisiory of tin? Province during the lost thirty or forty years, and perhaps from a still more remote period. — On tho other hand, your own remarks, and those which have by your order oeon repeatedly communicated to mc, on tho multiplicity ond urgency of the business before you, necessarily suffi- ced to determine me, to confine my remarks within tho strictest possible bounds. — Nor con I avoid believing, that the manner in which the facts I have laid before you are connected with each oiher will not escape your pene- tration, any more than will the conseciuences to be dedu- ced from the facts themselves, tho remote causes of this state of things, or their necessary results, — although I should have wanted talent and skill to point ihcm out or to present them with advantage. I am afraid, however, that I have sometimes carried this reserve too far. — T think it my duty at this moment to supply somo omissions of this kind in my last Let- ters. It appears to mc to be necessary, with regard to sub- jects of consideration mentioned in my Letter of the 30th October last, to point out in the first place some facts which might be lost sight of or absolutely unknown on this side of the Ocean, although they are of public noto- riety in the Province. — Not only are they worthy of con- sideration from their importance in themselves, but the re- flections to which their being pointed out will naturally give rise, are equally applicable to every matter which af- ter being a subject of discussion in the Province, may subsequently become a subject of examination for the Government in England. From what has been said in my preceding communica- tions, a tolerably correct idea may, I think, be formed of the Addresses of the Legislative Council, and of the feel- Inuft by which thoy wore dictated.— As to the accusation* they contain ogainst thu Assembly, they doiuUn.orolydc- iprvo censure, Ixicauso they aro not supixjrted even by n pretext. — You njust have seen, and you may now see ■till moro clearly, that it would Ixi very difficult for the In- hobitonts of tho Province to look upon them as moro er- rors. — Rut with reference to the imputation against ihs Assembly contained in one of the Addresses of tno Coun- cil, — that it pretended to tho ri'.rht of preserving the Lands of the Province in order that they might be set- tled exclusively by Inhabitants of French origin, — there are some circumstances which it bccomos my duty to narticularize. In the first place it oppcors that several of tho Mem- bers of tho Council who ventured to invoko something more limn notional prejudice nguinst their Canadian fel- low subjects, were among the Members of a certo'n Company, who were themselves then osking for the snid Lands, ill order to make them the object of a trading ■peculntion, l)y buying them and selling them again at a profit in tho Province I They pretended nt the some limo to deny tho Assembly oil means of supporting ita remonstrances to His Majesty's Government against th» demand they were then making, or of rebutting thechor- ges they brought against it, white those who partook their interoslcd views in the speculation aforesaid, were active- ly carrying on their solicitations and ncgociations in order to obtain tho said Lands from His Majesty's Government. They threw out, at the same time, tho Bill sent upby the Assembly for tho appointment of an Agent ! — I abandon (his subject to the reflections which it must necessarily occasion. — I also pass over thu considerotion of (ho results. I iliiiik I have on a former occasion sufficie.. iy showir the object of tho Lessee of the St. Maurice Forges^ when ho solicited in the Province (he extension of his Lease, which wos granted accordingly by the local Govern- ment, wiihoul the slightest regard to the representations previously made by the Assembly, and of which it is im- possible to pretend to deny the wisdom ond equity, and moreover without observing any ol the customary forma- lities which up to that time had always been considered indispensable. — I must now add with reference to the further extension which the Lessee has since solicited and which has becoino the subject of his ncgociations in En- gland, — that ho deniaiided, that to the Lands comprised in (he old Lease others should be added forming part of tho public property, namely, of the Jesuits' Estates, placed under the care of a Commissioner o( pointed to monago them by the Executive Government. There is no need that I should remind you of the care, (he extreme vigilance which has been exercised in order to prevent any knowledge of these proceedings from reaching the Assembly, or of the repeated refusals of tho li^xecutive to furnish it with the communications it asked on the subject; but I must remark that the Lessee is ono of the Members of the Legislative Council : his Agents were no doubt active in their proceedings in his favor in England, while the Council on its fide brought (he char- ges in question against the Assembly, and laboured at (he same (ime to deprive it of all means of supporting its remonstrances or of justifying its proceedings ! The local Government had to furnish to the Govern- ment in England the information relative to tho Land to be taken out of the Jesuits' Estates in order to include it in the new Lease. — In order to procure this information in the Province it was necessary to apply in the first place to the Commissioner appointed to manage them. — This Commissioner is, like the Lessee of the St. Maurice For- ges, a Member of the Legislative Council ; — he is also a Member of the Executive Council, to which, in his quali- ty of Commissioner, he was to furnish the information in C question. ■| 10 question ;— iie was then as a Member of the 8oid Coun- cil, to advise with his fellow Councillors, in order that a Report to the Government in England might be drawn up from the information thus given. — We can conceive with what views these proceedings would be adopted. He had the same thing to do with regard to the demands of the Lessee and to those of the Company engaged in the aforesaid trading speculation on the Lands of the Crown : — and they \vould of course both join the other Members of the Legislative Council when they were preparing and voting tho Addresses against the Assem- bly. It is, perhaps, also proper while on this subject, to re- collect, that the granting of Lands, the object of com- j-,laints so constantly made in the Province,and the justice of which has been acknowledged, has also been under the control of the Executive Council, the Members of which, with the two Chief Justices, form the suprento Court of Appeals in the Province. These remarks are sufficient with regard to the par- ticular objects aforesaid in the Addresses ; but with re- gard to the remainder of their contents reiativu to certain proceedings of that branch of the Legislature during the same Session, as well as to some other subsequent events, I must add in the first place, that besides the Chief Jus- tice of the Province there are among its Members, tho Commissioner for the sale of Crown Lands and Inspec- tor of Woods and Forests ; another person who bears the title of Master in Chancery in a country where iheru is no Chancellor, and who is at the same time Clerk of the Executive Council, besides receiving a Pension and other emoluments ; then follows tlie Receiver General. Another again is (as I have elsewhere remarked) tliat same Sheriff of the District of Montreal under a Commis- sion which may be continued or revoked at the pleasure of the Executive, who receives the emoluments I have before spoken cf, and whase conduct has become tho subject of such serious complaints with regard to the selection of the Grand Jurors after the catastrophe wit- nessed by the Inhabitants of Montreal in 1832, during the Election of one of their Representatives. I must pass over other considerations of a similar na- ture. I shall not speak of those persons who cannot feel any of those ties to the Province which result from associa- tion of ideas or community of interests, or even from tho possession of property. I shall content myself with mentioning iu this place, certain facts with regard to one of the Members of the branch of the Legislature in ques- tion, which will of themselves and alone form examples sufficient to give some idea of 'he State of the Province in the point of view in which we are now considering it. lie had been for a long time the depositary of the pub- lic money. The Courts of Law, several years ago, de- clared him to be in that c:>p'\city a defaulter in a sum su- perior in amount to that of the whole Expenses of tho Civil Government of the Province for one year. His father, whom he succeeded as Receiver General, had before him and by drawing from the same source, ac- quired among other property one of the largest Estates in the Country, and had improved it in order to increase its value, and the income to be derived from it. He ' ed, in 1809, when he was kno\. .i to be a defaulter : it w , s un- der these circumstances that tiie office was given to tho son, who held it about fifteen years. Instead of endeavouring to discharge thedeljt aforesaid, he drew still more largely from the public chest, continued at great expense to improve the property acquired by his father, and wound up by finding himself a defaulter for much more than double tlie [.mount ; and JuUj.nnent was given against him accorflii:f(ly. But if some small poriioii of his property was sold in execution 01 that judgment, he has not ceased to enjoy and to receive the income arising from the very extensive landed property of which I have spoken. It has been left in his hands on condition of his paying annually into the public chest, a sum equal to about one-third of the interest of his debt. But according to the wording of tho Judgment, that debt does not bear interest. It may after all that we have already seen, appear possible that it will some of these days be inferred, that from the mo- ment when the amount of these successive payments ad- ded together, shall nominally equal that for which judg- ment was given, the Debtor in question ought to go clear without paying any interest whatever ; that is lo say, that in consideration of the thiitl part of the interest of tho Capital |)aid in so easy a manner, the Capital it- self with the interest on each of the sums employed in the speculations aforesaid, during the twenty or thirty years preceding the failure of the son, and the interest which has since accrued and is still running on, or, in other words, tho income arising from the property which represents the Capital with its progressive increase, will remain in his hands as his clear and lawful profit. The importance of this subject may properly lay me under the necessity of retm-ning to it. It is right there- fore that I pnss over the details which will more naturally find their place among remarks specially appropriated to this subject. Imuyt here say, that in order to form any idea of the gravity of (lie abuses which provoke complaints in dis- tant Colonies, and with regard tj which no point of com- parison can 1)0 found in England, it appears to me it would be expedient to imat;ine the sensation which a- huses of the same i.ture would produce in the latter Country. What wuuld be thought there, if one of those iu whose hands the Revenue arising from (he taxes paid by the Nation, had been deposited, were seen constantly drawing from it during so long a period the means of li- ving in more than comfort, of acquiring listates of which one in particular should equal in extent one of the mid- dling sized Counties of the Kingdom, and should in fact comiirise one entire ('ounty, and of increasing the value andrcvenucof this Estate, by costly improvements, by expensive establishmcints,— and if at the same time, al- though known to be a Defaulter, lie should not he in any way called to account as such ? Let us suppose that at his death, his son, succeeding to his proj)erty, far from being himself called to acconnt, should bo invested with the same olfice, and that instead of endeavouring to dis- charge his debt, he should continue for years, and under the eyes of the Executive, to use the public money in aug- menting his own fortime, andshoidd become a defaulter in a sum much exceeding (he amount of the national expen- diture for one year. JN'ot to speak of die conduct nf nn Administration, which, far from seeking to put a stop (o this flagrant and long continued [lillagc, sliould have in some sort encoura- ged it from one generation to another. What would be the first feelings of the public on seeing (he debtor find means to elude the effect of the Judgment rendered against him, remain in possession of one of the finest Estates in the Kingdom, receive the income arising from it, and expend large sums for the purpose of increasing that income ? But if it appeared possible that the annual payment for a given time for a sum equal to one-third of the interest of the debt, or of the income arising from the said Estate, was to be sufficient to discharge tlie entire debt, and en- able (he debtor to preserve on dial condition tho riches accuiuulated ihuingso great a number of years, and trans- mit llieni to his posterity as the fruits of liis honost labor, oi' his virtiiiins ccunomy ! ........ These supj.ositions appear monstrous; in the Province they arc k\<:A<. To eiiK r into detail would be to I 8a m th th m th in hi U tt! th gl CO *^- 11 ixlensive laa been [lally into 1 of the ng of the Ii may sible that I the mo- Tients ad- ich judg- lit to go ihat ia to B interest ynpital it- ployed in or tliirty e interest on, 01', in rty wiiich •ease, will it. ly lay me ight tliere- •e naturally opriatcd to idea of the lints in dis- jint of corn- 's to me it n which a- I the latter one of those e taxes paid u constantly means of li- es of which of the mid- shovild in fact 5 the value cements, by ne time, al- Mt be in any ipose that at rty, far from nvested with irinw to dis- aiid under loney in awg- a defaulter tionalexpen- Iministration, flagrant and sort cncoura- would be the or find means against him, states in the and expentl that income ? layment for a he interest of said Eetate, Icbt, and en- on the riches •ars, and trans- honost labor, strous ; in the .tuil would be to to give them a more marked character of improbability, and yet the picture would only be the more faithful and exact. It would be useless to dwell on the facts last mention- ed ; but I may be allowed a few words of remark on the system adopted by the Colonial Administration for the purpose of concealing from the public, and from the As- sembly in particular, proceedings like some of those now in question. If their object alone did not by the Consti- tutional principles of our Government, render their publici- ty necessary, the measures adopted by the Government would even then be inexplicable, because that publicity would still be requisite in consequence of a rule every where admitted, and of the universal acknowledgment of the advantage of competition. But how was it possil 'a to resolve on covering with a veil of impenetrable se- crecy, arrangements which might aifect and in fact did most seriously affect the public Revenue, when the prac- tice universally received was alone sufilcient to make pub- licity a matter of obligation ? Such are nevertheless the circumstances under which the Lessee of the Forges of St. Maurice, as well as the Company engaged in speculations on the Crown Lands have been able to carry on their negotiations, and r.ppear to have done so successfully in England ! and ( must add, that very recently it was thought right to meet the prayer of the Assembly for communication of the result of some of these negotiations, by a refusal ! I could point out several analogous cases of equally recent date. Among so many subjects of painful reflection, to which factft of thii kind naturally give rise, there is one to which circumstances <(ive at this moment a moHt marked character of importance. It is the almo-t in- evitable danger which iVIinisters incur of having their good faith surprised by representation-: made by men, of whom some have a direct interest in the subject of discussion, and othern with whatever intentions, use every effort to support their proceedings in opposition to the views as well as to the prayers of the Conunons of the Province, who are at the same time deprived of all meanii of becoming acquainted with the said proceed- ings and representations, and for that reason, if for no other, of the mpan« of supporting their own rcnion- •trances to His Majesty's Government. Some of the facts I have just cited are the necessary consequences of the cumulation of oHiccs freepiently op- posite and contradictory in the same hands, or of the exclusive manner in which they are given away, which produces the same effects ; a subject on which I have formerly made some observations which it is not ne- cessary to repeat here. But 1 think it my duty to dwell for an instant on rertiiiii considerations connected with some of the suiijeclsof which I have just been speaking, a< well as with some of the recent proceed- ings of the local administration. In addition to the subjects of the negotiations afore- said with reference to which the Provincial Exccnlive must have furnished information to the Government in England, it luusl also have furnished some relative to the difficultici which arose on the Assembly's Bill for providing for I he Civil Government of tlie Province, thrown out by the Legislative Council in 1833. I need not Bay that in this case as in all others, (he Commons of the Province aie unacquainted with the nature of the information so furnished. Afier the ciicunistaiiccs 1 have mentioned, can it be 8U|)posed that it was scrupu- lously correct, — that it bore the stamp of strict impar- tiality ? With regard to the Despatches received by the Provincial Executive from the Government in En- gland, mere extiacts from tliom ate too often all that h communicatrd to the Assembly. This has been iiioie particularly the course adopted during the present Ses- sion. When one of these extracts was communicated to the Assembly, it was thought right to go so far as tp leave that body in ignorance even of the date of the Despatch from which it was taken. But although the Bill just mentioned was thrown out, the local administration did not the less dispose of a large portion of the public Revenue. This ia not (he time to exatnine or discuss its pretentions on this head, but it is proper (o remark in the first place, that even supposing it had the right of disposing of so large a proportion of the monies levied on the Peop|e,without the consent of their Representatives, I think I am not mistaken in saying (hat the amount drawn by it out of the public chest greatly exceeds the extent of its avow- ed pretensions. It would further appear Ihat the Receiver General, a Member of the Legislative Council, considers himself bound to act implicitly on the Warrants of the Gover- nor in Chief in that behalf, end he has done so by pay- ing the amount uf the sums for which they were insued. And, moreover, (he sums of which the Administration has disposed have not been distributed on an equal scale among all the public officero. A great number of them have received no portion of thern. There are others who have been paid one third of the salaries or- dinarily voted for the offices they hold. As for the Judges (hey received one half. The r.c'i- vcd no intimation of Your Majesty's inteiitiori'^ • ne subject of the said Petition, but iiad, on thu c. ry, strong reasons to believe that such privilege;^ iua been granted to the said Company, by Letters Patent fi'om Your Majesty, and that Your Majesty's Government had been pleased to enter into an arrangement with the said Company on the subject of the said Lnndf<, in a manner contrary to the prayer of the said lunuble Petition. That Your Petitioners have lately learned wiih fec.ings of sorrow which cannot fail to be p:irticip;Ued in l)y every individual in the Colony, that a lSi!l coufhiuiii!,'' the said Letters Patent and confirming to the said Company other numerous and extensive privileges, had recLiiliy jDassed the two Houses of the Parliament of the Unitcil King- dom, and waited only Y'our Majesty's Itoyal Sanction to become Law. That independently of what is set forth in the sr.id Pe- tition, the said Bill, in the humble opinion of Y'our Peti- tioners, which they venture most resj'cctfully to submit for Y'our Majesty's consideration, (aliiiougu they in no wise doubt Uie benevolent intentions of Parliament) is an Act of Legislation on tho jiartof the Paiiiament of the United Kingdom on the internal afl'uirs of the Colony, up- on which the Legislature of the Province would have been fully competent to deliberate. — And Y'our Majesty's humble Petitioners without preiciitiiu;^' to su-fir, st tu Yom' Majesty in what cases sudi enactmeule mi:;l;t be consis- tent with the rights of all panic;-, and with tiie formal as- sursnces given by die Governnt'^it in a Despatcli from die IJight Honorable Viscount Goclericli, dated the se- venth of July one thousand eight hundred and thirty one, will lay the circumstances of the present f'ase before Your Majesty, with the declaration of tlieii- liini convic- tion Uiat the said Bill is of a natin-e to create sei ious dis- content among Your Majesty's faithful suiyects in Canada, to impedi? the settlement of the difficulties which have heretofore prevailed, and greatly to ag'rravate the cvi!:i occasioned by bad Admini^iirations, to liie deliiment ofthe Mother Country and of the Colony. That die effect of die said Act iitoconfinn aiid ex- tend other anterior Acts of tho same nauiie, and pailieii- larly that passed in the tliinl year of the Rei^n of His late iNIajesty George the iMMUlli, iiililnl 'd, " An Act to «' regulate die Trade of die Provinces of Lov/er C;.na- " da and Upper Canada, and for other purposes relating " to the said Colonics," and of anotlier Act pas.'^cd in the sixth year of die same Heigii, intiluled, " An Act to " provide for tlie extiiicdon o( h'ciidal ;aid Sei'^nioiial " Rights and Burdens on Lands held*/ litre dcJicfiwA " (), tilrii (le cms in the Province of Lov.er Canada, r.nd " for the gradual conversion of diose leumes into tlie te- " nure of free and common soccage, arid for oilier puriio- " ses relating to the said Colony;" which Acts llie House of Assembly unanimously, and tlie veiy great majoiity of the People, have prayed may be repealed, as relating to sulijects of which Uie Provincial Legislature could con- stitutionally and more efFicaciniisIy take cogni'vmce, — as being insufficient in practice and drawn u|) without jao- per regaitl to the condition, wi^rhes and wants of the Peo- ple, —and as being a violation of the Law.s guaranteed to the Inhabitants of the Country, and by which their pro- perty and their persons have been happily governed and protected since the first settlement of the Colony. That the said Bill is moreover calculated to introduce great confusion into the system of Laws in the Province, because it is not adapted to those now existing, even if the Acts last mentioned be not repealed ; in as much as it is not in accordance with the provisions of an Act of the Parliament of the United Kingdom, passed in the first year of Your Majesty's Reign, intituled, " An Act to ex- " plain and amend the Laws relating to Lands holden in " liee and common scceage in the Province of Lower " Canada," or to those of another Act passed by the Le- gislature of Lower Canada, intituled, "An Act for ren- " dering valid conveyances of Lands and other immove- " able property held in free and common soccage within " the Province of Lower Canada, and for other purpo- " ses therein mentioned," to which Your Majesty was graciously pleased to give the Royal Assent, on the ele- venth day of M ay, owe thousand eight hundred and thir- ty one, which Acts arc not mentioned in the Bill in ques- tion, although their object was to explain nnd amend the Acts herein first above cited. Wherefore Your Petitioners humbly pray that when tho said Bill shall be presented for the Royal Sanction. Your Majesty will be graciously pleased to declare that Your Majesty will advise upon it. And Y'our Petitioners as by inclination led as wel as in duty bound will ever pray, &c. 5tc. &c. (Signed,) D. B. VIGER, A. N. MORIN, London, 15th May 1834, No. G. Letter from R. W. Hay, Esquire, to Messrs. Viger and Moiin, dated 30th May 1834, Downing Street, 30th May 1834. Gentlemen, I am directed by Mr. Secretary Stanley, to inforai you dint he lias received and laid before His Majesty, your Petition dated the 25di instant, expressing your regret, that a t'om|inny has been incorporated for holding and selling Lands in Lower Canada, and praying that the Roy- al assent may be withholden from a Bill which has passed bodi Houses of Parliament, granting certain powers to the new Company. Mr. Stanley desires me to acquaint yon that His 3Iajcsly has not signified any commands on the subject of this Petition. I am at the same time to obsei ve, that U|ion one of the points mentioned in the Petition, there seems to Mr. Stanley to exist a miscon- ception which he is anxious to remove. You api)ear to sup|iose tliat the Land Company's Bill coniains a special confirmation and extension of certain former enactments respecting the Tenure of Lands in Lower Canada, set- ting aside die alterations which have since been made by competent authority, and rendering the rules laid down by the present Bill, so far as regards Lands acc[uired by the Company, perpetual. No such cfiecls, Mr. Stanley apprehends can be attributed to the Bill. Tiie only clause to which as it originally stood, your remarks niu^t be supposed to apply, was altered in Committee, and it now merely contains a declaration, that with respect to the Commutation of Seigniorial Rights, the Company D shall V shnll be subject to the same rules as any person not lic- ing a boily corporate, anil that wiih rcai cct to the le- sccnl aud alienation of Lands holclcn in fic^ arid rendered some re- marks on our part necesiary. We take the liberty to lav them before the Secretary of State for the Colonies, Be pleased to accept our assurances of the conside- ration, &c. (Signed,) D. B. VIGER. - . A. N. MORIN. London Coflee HouKe, Ludgate Hill. 2d June 1834. k W. Hav, Esqr. Colonial Office. No. 9. Letter from the Honble. D. B. Viger to the Right Honorable T. Spring Rice, dated 21st June 1834. Sir. The btlHiniiss before you beine necessarily exceed- ingly multiplied at this moment, I should have wished longer to defer soliciting you attention to certain sub- jectsof urgent interest to the Province of Lower Canada. 1 shall mention tit present, the Bills to the number of fourteen, passed by both Houaea of the Provincial Parliament in the course of the two last Sessions, and reserved for the significiition of Hia Majesty's pleasure by the Colonial Administration. Not only is the Province deprived of the advantages expected from these measures, but the delay (with re- gard to some of these Bills in particular) may occasion the irrecoverable loss of establishments of acknow- ledged utility and even of indispensable necessity. As a few words of explanation may have the effect of clearing up many difficulties on this subject, I should beg you to grant me a moment's audience whenever the business before you will permit you to do so. Be pleased to accept the assurances of the profound respect with which, I have the honor to be, Sir, Your very humble and obedient Servant, (Signed,) D. B. VIGER. London CofTeo House, LudgateHill, 2ht June IS34. The Right Honorable T. Spring Rice, His IMsjesty's Principal Secretary of State for the Colonies. No. 10. Letter from the Right Honorable T. Spring Rice, to the Honorable D. B. Viger, dated 25th June 1834. , Sir. Colonial Office, June 25th 1834. subject of several Provincial Bills from Lower Canada on which His Majesty's pleasure has not yet been sig^ nptied, I have made enquiry into the matter. I have now the honor to acquaint you. that to two of tho Saw J I ''"«'"ved by the Governor in the Setsion of iodJ, I shall have the satisfaction of advising His Ma- jesty to give His assent ; and my attention will be turn- «d«o the third, which relates to the Incorporation of ine i.oi|egeof St. Hyacinthe, so soon as I shall receivo lvL?'?'r" °^ '^« '^^'^ Advisers of tho Crown, to ^''';?^'t''a8^een referred. anrirn.! I''.''^J'='' passed the House of Assembly and Councd inlhe course of last Session, eleven have been reserved for His Majcty's pleasure by the Gover- nor, but as these were only received by me on the sixth instant, nothmg has yet been decided upon them. I beg you however to believe that no delay inconsistent with the importance of the subjects which thev em- brace, shall impede the final decision upon them. I have the honor to be. Sir, Your most obedient humble Servant, T. n ,r (Signed,) T. SPRING RICE. D. B, Viger, Esqr. London ColTee House. No. II. Letter from the Honorable D. B.. Vige.r tq, the Right Honorable T. Spring Rice, dated 27th June 1834. Sir, Your Letter of (he Sdth reached me too late yester- day evening for me to thank you earlier for your prompt attention to the Bills spoken of in mine of the twenty first instant, and more particularly for what you say with regard to the advice you intend otTering to His Majesty concerning two of the three Bills reserved at the close of the Session before last of the Provincial Parliament. The reasons for whicb these Bills were reserved be- ing absolutely unknown in the'Province, I should fail to comply with the desire you expressed to me to look at every Bill in the most correct point of view posuble, if I did not now remark that among those reserved last Session, there is one resembling, apd one or two others more or less analogous to, that for incorporating the College of St. Hy&cinthe. This remaik may be so much the more worthy of attention because these subjects ought to be considered relatively to the jurisprudence and pecul.ar institutions of the Province, with reference to which I shall make it inyduty, whenever I may be called upon, to give any explanation it may be in my power to offer. Be pleased to accept the assurances of the profound respect with which I have the honor to be. Sir, Your most humble and obedient Servant, (Signed,) D. B. VIGER. London Coffee House, Ludgate Hill, 27th June 1834. The Right Honorable N». In consequence of yonr representations to me on the T. Spring Rice, His Majesty's Piincipal Secretary of State for the Colonies, &c. &c. &c. No. No. 12. Letter from the Honble. D. B. Viger to the Ripht Honorable T. Spring Rico, dated 9l!i August 1834. Sir, I think it my duty now to beg a moment's audience of you. A few words of private coiiversatio" upon tome of the subjects of my Letters of the 2Ut and 27th of June last, would, 1 think, be of real utility. 1 can say, too. that in begging this favor I am acting upon the views which you have yourself conimuiiicaled to US. Be pleased to accept the assnrancfs of the profound esteem wilh which I have the honor to be, Your very humble and obedient Servant, (Signed,) D. B. VIGER. London Coffee House, Ludgate Hill, 9th Augu»t 1834. The Right Honorable T. Spring Rice, His Majesty's Principal Secretary of State for the Colonies, &c. &c. &c. No. 1.3. Letter from the Honble. D. B. Viger to the Right Honorable T. Spring Rice, dated 15lh August 1SJ4. Sir, 1 beg you will accept my thanks for your noteof yesterday, informing me that I can see you on Satur.lay between four and five o'clock, at which time I c^hall not fail to be at the Colonial Office. I have the honor to be, wilh profound respect. Your very huoibleaiid obedient Servant. (Signed,) D. B. VIGCR. LoDflon Coffee House, Ludgate Hill, 15th August 1034.^ The Right Honorable T. Spring Rice, His Majesty's Principal Secretary of State for the Colonies, &c. &c. &c. If the species of meinoirs which you will find in this colloctiou should he faulty in icgiirds composition, I can at least say thai Ihoy Imvo tlio merit of containing correct htateiuenls of fac's ; — il Ih in this point of view only that I can hu'lievs there worthy ot your attention. a^ to the fact« ihemselves, t^cir importance cannot es- cape you. I Ix'jy you to rifcdii'rt die pjmark I made to you with regard to my commiiniciUionH, that the English is a translation hastily made, &c. and printed in the same manner (as the orisinil was nUo) during the Sessions for ihc use of the IMiinbcrs. Errors would necessarily crc|)iii. It is easy lo remedy this in readi.ig the ori- ginal, but il is not quite so easy lo do the same with rt sped (o tlie 'rraiiNlatioii. I rtgrct (hat my ('orreapoiidence posterior to the 30ih of Dcroiuhor lai-t, which is to be found in the Colonial Oflico, is n it yet printed. The consideration of many facts therein stated, being essentially connect- ed wilh lint of a yieat niiiiibcr of those set forth in the preceding part, [ ought to add that they have ac- quired a peculiar degree of importance under existing circumslanccti. I big you to observe that these Memoirs were for the most |)art composed on the occasion of successive events, which nrcouiKs for tlic apparent want of order \vhi( Il might be nmarked in the classification of these* veral subjects ilicrein discuascil. I lieji' J on to be ]iUased to ncrrpt the assurances of the proionnd rcsptcl with which 1 have the honor to be, Your very luimble and obedient Servant, (Signed,^ 1). B. VIGER. Lor.doM CofTee House, Luilgale Hill, 23il Angust 1834. The Rij;lit Ilonorablu T. Spuing Rice, His iMajesly'^ Principal Secretary of Slate for the Colonies, &c. Sec. &c. No. 14. Letter from the Honble. D. B. Viger to the Riijht Honorable T. Spring Rice, dated 23d August 183 J. Sir, I find myself deceived in the hope I entertained that by waiting a few days I should receive informal ioii which would enable mc to add something to that part of my Correspondence of which we were tpoakinslast Saturday, and which I have just enclosed and addres- sed to you. If one of these communications should appear to you not to be strictly within the rules you then insisted on, I beg you to consider that this arose from peculiar cir- cumstances. The explanations I could give you on th»« subject would be perfectly satisfactory to you. No. IT), I.ottrr from the Ilnnblo. D. R. Vi^or to the Right lloiioralile T. Spring Rice, dated 27th August 18.34. Sir, I should think I was fiiliiii; to act upon the views you apam commuiiicalcd to nie the last lime I had the lionor of seeing you, if \ did not ask a moment's con- versation wilh you on sciinc of tlio subjects to which I have taken (he liberty of soliciiing your attention. I will venture to say that a few words of explanation wilh regard to llnni will not he without importance. Ik j)liafiC(l ;e) acrcpt (lie iis»uiances of (he profound respect with which I liuvo (lie honor to be. Your very hiimldR and obedient Servant, (Signed.; I). B. VKJER. London C'lflVe IIon:^ej Ludgate Hill, 27tli August 1834, The Riglit IIonori\bIe T. Spimnc Vkk, His iMiijcsty's Principal Secretary of State lor the Colonies, &c. &c. »&c. No. foil den fro I tub lam cili prt I dis{ bef the »U larl Uo. 16. Letter from R. W. Hay, Esquire, to the Honble. D. B. Viger. dated hi September 183i. Sir, Downing Street, Ist September 1834. In answer to your Letters of the 25lh and 27lh uilimo, I am directed by Mr. Secretary Spring Rice to inform you that, at the present, the press of businnss is such at to render it impossible for bim to name any day on which he can receive you. I am, Sir, Your obedient Servant, (Signed,) R. W. HAY. D. B. ViGEH, Esquire, London CoiTee Hou«e. No. 17. Letter from the Honble. D. B. Viger to R. W. Hay, E'quire, dated 5tb September 1834. Sir, It has not been in my power earlier to acknowledge the receipt of your Letter of the Ist instant, (which rrachfil me only yesterday) in answer to mine of the 23d Augu«t to Mr. Secretary Spring Rice. I have the honor to be, Sir, Your very humble Servant. (Signed.) D. B. VIGER. London Coffee House, Ludgate Hill, 5th Sept. 1834. No. 18. Letter from the Honble. D. B. Viiser to the Right Honorable T. Spring Kicc, dated I6lh September 1834. Sir, 00 the 5th of this month I received by the two peuny Post a Letter from Mr. Hay, dated the Ist. wherein he informs me, in answer to my Letter to you nf the 23d of August, that the press of butnincKS ren- dered it impossible for you to name any day on which you could receive me. 1 regret this on account of the importance of the sub- jects on which 1 intended spcakins: to you, liesiiles some of those which formed Iht; Hubjects of nur con- versation when I saw you on the 16lb of Augui^t. I ought to tell you that 1 was earnestly desirous of following the advice of a person worthy of all cunfi- dence, by laying before you, previous to my departure from England, a faithful representation of the various subjects of complaint, with regard to which the Inhabi- tants of the Province have for so many years been soli- citing the attention of the Government, and are ut this present time appealing to its juntice. It would have required more time than I had at my dispohal, to employ the very large qnuntity of matter before me, and to arrange the whole in a clear and me- thodical order. It would above all have been necessary that I should know on what points it was fspecially neces- sary to throw light on this side of the Ocean, in order that I might not place new difficulties in the way of the examination of questions already complicated enough, by rendering them still more so. For these reasons I think it right to confine myself to the following considerations, which are, as it seems to me, adapted to throw light on some of the subjects of this examination. The Petition of the House of Assembly laid before the House of Commons during the last Seision of the Parliament, contains, on the subject of the grievancea complained of, a statement, in the analysis of which I can see no difficulty. On the other haod these complaints do not relate solely to isolated facts of recent dale, tn the circumttan- cei of the moment lusceptible of being looked at in di ' vers manners, and of affording grounds for different conclusions. The fact is preciiely the reverse ; these complaints are founded on a \ong series of f^cts, some of which occurred at a p«riod already remote, and which are connected with each olh<-r and have been the sub- jects of continually renewed remonstrances for a great number of years past. These facts are of pubMc notoriety in the Province. They already for the mosl part belong to its history. It is no more possible to shake their certainty than to efface their remembrance. And moreover, indepen- dently of their numlier and their importance, they re- late to subjects so various that it is impossible to ascribe them to accidental or transient causes. As regards explanations, there are I think suffi- cient, at least with respect to the most important nf these facts, in the observations I have at different times laici before the Colonial Minister since I have been in England. They have the merit of correctness in their favor. There is one circumstance which with reference to this subject is worthy of attention. The discussions which arose in the Aanembly on u\e subject of this Pe- tition were long and frequently repeated ; yet I think I may say that the facts there cited were not in any instance denied by those who opposed the proceedings «)f the mitjoiity, although in the course of the debate, they were repeatedly challenged to point out those which they thought capable of being controverted. Their opposition was unconnected with any considera- tion of this nature. But even if it were admitted that the statement of facta in the Petition is not rigorously exact,— that it might on this side of the Ocean appear to fail on certain points ;— yet from the moment when the principal facts were esta- blished, it would be very useless to ena;age in a minute and detailed examination of those which are only «{ se- condary importance. After givinpr a moment's attention to some of the grie- vances which may be repfarded as holding the fii-st rank among the subjects of the remonstrances in question, it must be felt that all the rest follows as a necessary con- sequence, — as an inevitable result; Is it possible to expect that order and impartiality should prevail in the Administration of the Government of a Countiy, when the greater part of the Legrislative autho- rity, and, nearly without exception, all the Executive and Judicial power are in reality concentrated m the hands of a particular and distinct class, forming but a trifling por- lion of the Inhabitants of the Country, and having no community of ideas, affections or interests with them, and who lor that reason alone must necessaiVly have others of an opposite kind ? Is it possible to be persuaded th."^ .there is not somees- seiitial vice in the Constitution rithis Government, when some of its recent proceeding? me taken into considera- E tioa No. i4 '/ "lion; w lien llie claas ill qiiesiioii Imviii,!^ ihe mrijonly m the second branch of the Legislaturt! is scoii npciily to pictend 10 this upccies of monopoly ns u right inherent to thtir orii,'in ; nmi to clniin in like mnnnrr the power ol conatuntly pflrnliziiifc' by nu irresponsible veto nil tlio ef- forts of tho People to nbtoin llio adoption of measures find rules of conduct suited to their wishes and their wonts? When tho administration of tho Criminal Law is seen to have remained so long sullied with obuscs, and these abuses to continuo unmitigated in spile of the remonstran- ces of the Country, and to he still in oxistonco after for- mal instructions from His Majesty'* Government that they should bo remedied,— when it is seen that even when these instructions are partially complied with, caro is al- ways taken to leave means of ultimately eluding them; —is it possible, (setting aside those that relate to tho ad- ministration of Juslico in civil matlcri', and to tho compo- sition of the Courts) to be persuaded that the subjects of comploints of the Country can bo iJiusoiy ? Some of these pretenders to dominion have ventured to claim for tho privilep^cd class, the exclusive riyht of de- ciding on mnlters relating to the lil)crty and honor of tho rest of their fellow subjects nnr'of exercising the power of life and death over them !— This was, ns will be seen, the effect of an impulse from a higher quarter. The Law Officers of the Crown had nlso claimed tho monopoly of all prosecutions in criminal matters, and their claim had been maintained by one of the Courts. Of what use could it be after this to examine curiously and piece by piece, the particular acts of abuse pointed out aa arising from this source ? Wus it possible for those whose conduct forms the sub- ject of these complaints, to resist the temptation to avail themselves of these powers for the purpose of forward- ing their personal interests or those of their caste, instead of using them for the general good ? The most undevialing wish to do what is right, the most constantly honest intentions could not prevent them from fulling into error, nor, therefore, from committing acts uf Injustice, the inevitable results of their more than anomalous ond contradictory position. What would be the consequence if I went into de- tail 1 I shall be content by way of example, to ask un- der what well organized Government it would have been possible to allow the public chest to remain in the keeping of a Receiver General who had been for so many years a defaulter for sums which he had taken out of it for the purpose of making large acquisitions; — to give the Office to his son instead of compelling the father to refund the said sums, and to leave the son in possession of the Office for an equal or longer space of time, with the means of divei-ting the public monies to his own use, to an amount three times as great, and much superior to that of one year's Expenses of the whole Civil Govern- ment of the Province ; and finally, among other circum- stances not less extraordinary, to keep in his hands the foitune thus acquired, as if it was the reward of his ser- vices, era tribute of gratitude for them? — Since this time it has been no more possible for the Assembly to obtain the concurrence of the other branches of the Legislature to the measures it has from time to time proposed for the purpose of ascertaining the state of the monies in the public chest of the Province, that it was for it previously to succeed in its efforts of a similar nature to prevent their embezzlement I - ■ • ■ Returning now to general considerations of the nature of those before mentioned, I would ask a- gam, how it wo«ld be possible that any illusion should ex- ist as to the vices ^f a system like this, even if its prac- tical effects had not bo^n distinctly ascertained by expe- rience? Yet the InhsbVants of the Country which feels the weight o( these effects, nic reproached with the viva- city of ilieircoinplaiiitH. Cim it he ispcctcd that they should remain quiet and npathetic, when they have heeu for so many years the witnesses and the victims of these abuses ? — If they did, they would be accused of more than ignortnice nnd even of meanness. — Are not these pretences nnd proceedings so frequently renewed, more than outrages on theiii, since llii^ arc so many threats and attempts to fix the stamp of servitude on them for ever ? Ought they quietly to allow the devolopement amongst themsetvcB of the seeds of n corruption, the germ of which having been sown among a People who form part of the Empire, during the barbarism of tho middle ages, has never since censed to spread nnd to ramify through all the veins of tho body politic, to such an extent as still tor resist at the present day tho progress of modern intelli- gence and civilization, and ns it were to defy tho eirorls of the niust skilful Stntesinen to remedy it? Tluro is still one more circumstance which deserves a place here. — It is the existence nnd the activity of tho efforts made toil iiliicc the belief that theso ideas are fo- reign to the l^inadian People, — that thoyare exclusively those of n small number of demagogues who speculnto on what is called the ignornnce of the People, and labour to make them believe in tho existence of grievonces which they in no wise feel. — I should think myself want- ing in respect for my Country if I took tho trouble of stopping to refute these assertions, or the equally extra- vagant reasons heaped together in order to give them tho color of a pretext. I have elsewhere thewn to what other ir.iputalions the Canadians have been constantly exposed, and what treatment they experienced more esptcially just before the breaking nut of (he lait war in North America. It was impossible however to avoid putting arms in their hands. Tho rest is known. But tFu-ir conduct did not lilence insult. The outrages which have been prodigally heaped upon them have served as a means ol' advancement. A recent appointment seems to attest that they are still a title to fresh favours. What new trials moreover have they not been compelled to un- dergo since the period aforesaid ? — What intereits have ihey which have not been injured ?— What alTectiont •which have not been wounded ?— Let us suppose that decided changes had taken place in their feelings, who is to blame if their hearts are ulcerated f Let us remark that their attachment to the Mother Country now furnishes matter for sarcasm. Some oftheir neighbours in the United States add to it bitter re- proach'^s, first, for having refused to unite their efforts to those they were themselves then making for the pre- servation of their own liberty, and then for having re- pulsed them when they offered to share that liberty with them by breaking the bonds of a union, which is, according to them, the cause of all the etils which form the subjects of the complaints of the Canadians, and of their want of power to remedy them. I mast pass over the reflections aiiiing from this fruitful source,in order to dwell for an instant on twoof the Grievances of the Province which have lately acqui- red additional importance. In the first place, the abuses which had crept into the manner of disposing of the Crown Lands and had long been the subject of the complaints of the Country, had in like manner become thiitoflheattentionofhisGovernment,whose;view8inthii iiislanceasin many others had not been followed up. The Country naturally returned to the charge, and the As- sembly in particular claimed for the local Legislature the right of superintendence, the only means which can be eflective. It had the strongest reasons for expect- inj^ jng ilinl \li procpcdiii^H iroulil be crowncil wiili nuc- «:csH, wlicn Hfler its remnimtmiireii had been repented it xnw in I8:)l, Ilin IM«ji'sI»'n (invernnieiit penetrated with the necessity of giving free scope lo comjiditioii on ibia Hiibjeci, hikI readi/ to gioe the fullest and most serious consideration to any suggestion tbu AsNPmbly inif^lit innke, luid lo its recommendations fir inudifying (be prnpoMed p'an for Bllainlii^ tbis oliject. The Country complnined alto that the Imperial Par- linmetit bnd paiseil Acln of Ir.f i il lirgislation for Ibu Piovim;,'. wb ch, (not to meii'.i.:. the Jurisdiction of tin* L'^gi»t:iliiic on Much subjeclii; had introduced con< fiition into the laws bj wbich property was governed. It was in fact ailniiilcd that tbt; subject was one of lo- cal and internal policy on which thn deliberate yH\g- ineiil of enli;;bten<'il men within the Province, ought to hace more weight than any external authority what- soever. The same thint; wiiH udimtled willi respfcl to ibt! proprii'ty of leaving ercUmvelij to the Provincial Legislature the passing of all laws requisite for the government of property therein. 'I'licse were, om(>n»; ninny others, »ome ftf the vicwi of I lis Majesty'* Go- vernment wbich wereca!culatfd to kee|) up (he hopes of the Country. Such was (i)e Ktate of things when, nntwiih.ttanding'all tbii, the repo(t that a Compiiny of indiNiduals had been formed who proposed to acquire the Crown Lands for (he purpose of making them (he subject of a trading; specn- intiun, {^ave birth to uneasiness which was authorized by the experience of the past, and which I thought it right (o mention to (he Colonial iMinister in the latter part of a Letter written in December one thousand eight bundred and thirty two. It is not necessary (o dwell in this place on the bopi's which the proceedings of His Majettly's Govern- ment had been culcniatcd (o raise, any more than on the iiriiiciples of which we have just hucn speuking, or on the rules of political economy rel ilive to (lie species of monopoly which establishments of ibis nature neces- sarily carry with them ; or (o »how (bat the circumstan- ces which might in some other Colonies fumiKb mo- tives for making excepdons to tbesu rules are absolu- tely foreign to Lower Canada, — that, on (be contrary, (his kind of monopoly of landed properly would be (here much more at variance with (beie rules (ban ona which should relate to food or to any ordinary article of Commerce. Moreover, to allow any such monopoly cither (o a jfrea(eror less extent, was to place between the purchaser and the Province, a numerous body of men necessarily actuated by consideradons ofadifl'erent and opposite pertjonol interest, with proportinnHle means of for- warding it at the expense of the former as well as of the laUer. While the persons who were to form the Company were laboring in (be advancement of their Kchcmes, the Assembly in the Provnce, was refuserl the informa- tion it asked on subjcr(s connected with them, and about which the local Government was then occupied. It met with a similar refusal with regard to other ana- logous information relative to the Public Revenue. The individuals interested were not however the less busy in negociating on this subject with the local Govern- mrnt, and wilh that in England at the same time. The Assembly on its part applied to the latter, for the purpose of obtaining from it (hat justice which it claimed in vain from the former. I ought lyere to refer to the fact, that while the As- i«embly was remonstrating against the scheme relative 10 the Crown Lands, the Legislative Council was on the other hand engaged in voting Addresses (o forward it, and that some of its Membern, who were liktivi«c Memberi of the Company, bad a direct lu(ereit in ilit) deliberations on (he subject. I may add that after using many inxuliing cx|)res- s'omt, and appealing to national prejudices again-tt iho Assembly, tbu Council assigni-d no reason for so doing vxcvni that the Assembly had set up a claim to reserve the Lands in question in order that they might be exclu- sively inhabited by Canadians of French origin. 1 have elsewhere ibewn that this assertion is not merely ffevoid of pretext : it is in contradiction (o (he whole conduct (if (he Assembly, Lfit us add, that no one of the reasons which may have been urged upon Mis Ma- jesty's Governni-nt in favor of (his Rchome, bus yet Hi.'in (he light, with (he exception ^of this more (ban cx(ruvagant iwicrtion. It is after hese events, (hat the Pe pie of the Pro- vince learn |Jiat a Bill in favor of the said Company, brought into the Mouse of Common ( as a private Bill, was passediiy (bat House, without any discussion on the subject having been heard of ;— that it bad in like manner passed rapidly through (ho Il.iuse of Lords, and (hilt in addition to enactments relative to objects of Internal Legislation in (be Province, it contained a- special provision making it a public ^ct ; — and lastly, tliiit it bnd bnen sanctioned ! I think it right tocunflnc myself fur the present to re- ferring to (be represenlulions laid before HisMnJc8(y'a Government by Mr. Morin and myself, when it acci- dentally came (0 our knowledge (hat this Bill bad pas- sod ; — a pi-riod when it was perhaps too late for them (o produce any effect for (he moment. I shall only remark here, that the sufferings of a Peo- ple placed at so remote a distance can scarcely produce any very lively feeling on this side the Ocean, where, moreover, parallel examples ore wanting by which lliey can be appreciated. Independently of these obstacles to the success of their remonstrances, they have against them that prejudice by which a struggle against power is commonly confounded wilh resistance (o lawful authority. Besides the peculiar circumstances which render this prejudice more powerful wiib regard to Lower Canada, the means of Communication with the Government in England, which are every where open to the holders of Office, are crowded with innumerable difficulties for the People of the Country when they seek to make their re- monstrances beard. The former, not to speak of old habits, and official con- nections of long standing, with many other circumstances which iTiilitate in their iavor, may doubJess now reckon on a new source of support. — The English StoclAoldeis in the Company, can see nothing but profits to be reali- zed in a speculation which is common to then* and to all connected with the local Administration — On the other hand, the opposition made by the People of the Province cannot fail to wound their strong feeling of self interest. — Even supposing them all to be strangers to prejudices of another kind, yei being impelled by this feeling more likely than any other to create illusion, they will necessa- rily use every effort to defend the cause of those to whom the Province ascribes those evils which the hope of see- ing them remedied might render lighter, or cause to be forgotten ; while the authors of these wrongs can never forgive the People for entertaining this hope ; more espe- cially when resistance must excite fears in them lest they should see the source whence they draw wealth by the exercise of unchecked power, dried up, and must there- fore necessarily inflame their resentment in whicJ» they have now more than ever the means of causing" numerous partizans in this Country to participate. i: I leave you to judtfe whether it can be niuile a crime in the Canadians tliut tliey gte soniethinj,' melancholy in the prpspcct which these events present to them. I nop hero— matter niysrif thai if you are able to pivo your attenti m for a few moments to this sketch,— lit imperfections will not in your eyes eclipse the importance of the considerations included in it.— For the rest, I must refer to thr*f\ I have already on difl'orcnt occasions sent to the Co' 1 "^fllcc, and more particularly to my Letter of the seco..' ..f September of last year, and to the con- siderations onalog^ous to the present by which it was ac- companied. I beg you to observe, that vfith rcganl to those facts mentioned in this paper which might at first sight appear to bear the stamp of im||robabil\ly, I have, fur flrom seeking means of eluding tlwir discuaiion or exami- nation, constantly solicited both, and have always been ready to throw light upon them if iho oj^wrtunity had been aflbrdcd me. Be pleased to accept tho assurances of t^o profound respect vrith which, 1 have the honor to be, sir. Your very obedient and humble Servant, (Signed,) D. B. VIGER. London Coffee House, Ludgatc Hill, I6th Sept. 1834. The Right Honorable T. Sprino Ric», His Majesty's Principal Secretary of State for the Colonies, &c. &c. &c. No. 19. Letter flrom tho Honorable D. B. Vig^r, to the Honorable L. J. Papineau, dated 4th March lB3d. Sir, I have thought it my duty to place in your hands os early as possible, that portion of my Correspondence with the Colonial Office, which I had not been able to trans- mit to you before my departure from England, in order that the Honorable the House of Assembly may have communication of it during the first days of this Session of the Provincial Parliament. I should have thought it also my duty to render a separate account of my Mission to be laid before Your Honorable House ; but on considering the multitude os well as tho variety of the subjects to which I had been under the ne- cessity of giving my attention during so long a space of time, it will, I think, be easy to perceive that (independent- ly of every other consideration) it was almost impossible that I should at the moment perform that task. I may also, with reference to this subject, remark, that my Correspondence with the Colonial Office contains an exact analysis of the principles and facts to which I ap- pealed in support of the remonstrances of the Country, as well as a faithful record of my conduct and proceedings ■with His Majesty's Government, during the whole peri- od of my stay in England, and of those proceedings ""vhich were common to myself and Mr. Morin, in the eqtolly laborious and important Mission with which he was h^iself charged, and of which he so worthily acquit- Consideralior* of detail could scarcely throw light on the numerous subjeu, of my Communications, and might even have a contrary effect. — I must aUo beg tlial Your llonorabU) Houho will Iw plcaMed to call to mind (he re- marks cuntaincd in tho Letter I had the tionor to address to you on the aUlh December 1833, which was after- wanis printed by order of tho House during the Session of 1834. — It would, moreover, have been ii oaeary that I should be made acquainted with the points which requl« red elucidation, in order that I might not so swell the work as to render it worse than useless. — And, besides, I need not add tiiat I tiliall always bo ready to give any explanations in my |)ower with rcgai-d to ony of tho sold i>ubji-cts, if it should at any time become necescary for me to do su. I ought DOW to 8ay that al\er the 24th of September laht, (ihcdutcof n,y departure fVom England,) I should perlmps have considered it my duty still to remain there and to continue to follow the uflliirB and watch over the interests of the Province, if some of those to whom wo ore indebted lor the must noblo efforts in support of its claims had not advised inc to recross the Ocean at a mo- ment when in their opinion it was possible that my pre- sence in tho Province might bo of some utility, while un- der existing rirciiinstanccs it appeared to them not to be ntc'essai7 in England. It now rcmainti for me to beg that you will once mors request the House toaccept my grateful acknowledgments for (he murks of confidcnco with which it has been plea* ted to honor me. — 1 have done all in my power to merit that confidence, and to acquit myself worthily of the ob- li;4:ntions imposed on me by the charge entrusted to me. If I have been warning either in talent or in skill, I have not been wanting either in zeal or constancy in defending the cause and supporting iho interests of our Country. — Be pleased to request die House toaccept, and toaccept yourself, tho assurance of the profound rcepect with wliich, I have the honor to be. Sir, Your very humble and obedient servant, (Signed,) D. B. VIGER, Quebec, 4lh March 1836. To the Honorablo L. J. Papineai', Esquire, Speaker of the House of Assembly, &c. &c. &c. No. 20. Letter from A. N. Morin, Esquire, to the Honorable L, J. Papineau, dated 4th March 1836. Sir, Having been appointed by the Honorable the House cf Assembly, by its Resolutions of the first of March last, to convey and place in the hands of the Honorable Denis Benjamin Viger, the Agent of the Province in En- gland, the Petitions on the State of the Province addres- sed to the two Houses of the Parliament of the United Kingdom, and to support the same jointly with the said Honorable Denis Benjamin Viger, 1 have now to render an account of the manner in which I acquitted myself of the duties thus ns?igncd to me : and although I have been far from being able to perform them in a manner worthy of their hiirh importance, I have bestowed on them all the attention of which I was capable. After reaching London on the fifth May, I immediately placed |)lm;i;(l lliu I't'liliDiix anil llit- Dociiutciit-* winch aLcoinpu- liiml llHstn in llii! iuiiidi of Mr. Viifir. Tl« Dociimentii alnwly luid IkI'cih' the llonoroblo (hn Houapof AMombly by Mr. Vi^'cr, unil our jiiiiii Uc|hjii dated thi« iwi:au, Esqr. Speaker of the House of Assembly, &c. &c. &c. Appekdix 9i Appbndii No. I. Report of Ihe Cinadu CnrnmiUen. preienleil to the llouMe of ConiniHtiK, Thtinduy, Sril. July 1(384. The Select Committee nppointed to cnquiro and re- purl to the lluiMe how far tlio grU'vanceii coinpliiiiird of in Ihe year |N'2H, on tlit> |/jr( Lf certtin InhuMtunU of Lower CaniKlu, hive been redreiNed, and llie rt'com- nienilHlioKi of ihu Cloniniitlcc oflliiN IIoihc have been coniplieJ with on the part of His IMtjetty'rt Gnvrrn- ineiit, and lu enquire iiilo lln> uinKer of certain olhur grievnncfi not Ihon brought under the coiMidertilion of ihm lloimc, but now Hel forth in Ut'nohilionii of thi* Ilouie of Ainembly of Lower Cdnndu in the prcicnt Sniion, and to report their opinion thereupon to (lie Ilouie, and to whom «cvcrnl I'ltilinni wern Niilttocpirnt- \y refurri'd, linve puixuant to (!ic orilcr of tin; llniisc examined the matlfra to thi'in referred, mid huve ■grcid to Ihcfolluwin^ Kcpitrl : — Your Cununiltcc huve lulvon into tieriouR consiilc>a* tion the mnttero referred tulheni on the hubject of ihe AfT.tir8 of Lower Caua In. Your CoiuniitUe have examined several witnegscs on theNC niatlcrs. They have uIdo considered altentivcly the Despatches and Letters which havupusieJ between the Colonial Oflice and Ihe (Governor of the i'rovincn •ince thu year IM2S, which correspdiidencc bus betn laid before ihem without Ihe least r>'j).;rvi'. Your Committee consider it their duty to dccliire their opinion that a moMt earnest anxiety has existed on the part of the Home Governmont to currv into exe- cution the «ugj;estii>ng of i le Select Committee of ISiJS, and that the endeavours of the Government to tlinl end have been unremitting, and guided by iho desire in all cases to promote the interests of lh» Colony ; and Your Committee have observed with truch satisfac- tion that in several important particular their endea^ vours have been successful. It is lio'ireve^ with (Jeep regret that Your Comuiillee perceive thai in others they have not been attended with that success ichich might have been anticipated ; heats and animosities having unfortunately arisen and diff-reiices continuin" to prevail between the branches of the Colonial L'fjis^ Uture as well as betwci.n the House of Assembly and His Majesty's Government; thuse uidiappy diil'c- rencps appear to Your Committee no less calculated lo check Ihe progress of improvement in one of the must important of our Colonial possessions, than to alfcct inost injuriously the general interests of the British Empire. Your Commiltee believe that they will best dis- charge their duty by withholding any furlliT opinion on the points still in dispute. It has appeared to them that some mutual misconception has prevailed, and when Your Commiltjc consider the extreme impor- tance thpt a perfect reconcilement of these diflTereiices should take place, they express iheir earnest hope that these misconceptions being removed, many of tlie pre- sent ditikulties will no longer exist, onnaybe amicably adjusted. Your Committee are also induced to laki; this course by their persuasion that the practical measures for the future administration of Lower Canada may best be left to the mature consideration of the Government rw- ponsiblefor their adoption and execution. Your Committee are of opinion that it would not be expedient to apply for powers to lay before the House the Evidence of the witnesses examined, or the Duoii- menta thai have been laid before them. ArPBNOix No. fl. Letter from Meism. Vigerand Mnrin to the Right Ko^' aorable the Lord Chancellor, daled Hth August I8J4. Mv Lonl, We luvi- the honor resprclfully to transmit to Your Lordsh'p a note from Mr. Koehiirk. Wn hope that nfier having conferred with the Honorable IVIr. Spring Hire, Your Lonlship will be plenoed lo lay on the Tuldu of till' Lord* lh«* IVtilion of Ihe Home of As- sembly of Lower Cnnnda, Hinidur, except as to lis form, I > that presented to Ihe House of L'omtnons in May last. We hhiill wail on Your LoriUhii* with thi^ Pelitinn, or Iraii'iiiil it in any way which Your Lordship may direct. We tlaller onrsi-lve* that in this proceeding ou (uir part Y'our LoriNli'p will si c n proof of our con^ fidince niid of our rcliunce on Ihe justice \i{ His Mt- je^ly's (loverniiu'nt. We bfg to be allowi'd lo seize tlii^ opportunity of conveying our assurances of the profound respect vt illi wliich we arc. My Lord. Your Liirdohip'i Most r)hi'diciil and rn"st humblf Servants, (Si-ned.) I). H. VIGKR, A. N. 310UIN. London ColT e House, Lu('gale Hill, Hin Augiiit 18:14. The Righlllonoiahic The LoKD CiiA>( i;LL0B, dec. &c. &c. Appendix No. 3. Minutes of u Conference between the TJight Hono- rable r. Spring l{irc, J A. Iloebuck, Esquire, M. P., l!ie Honorable D. B. Viger, and A. N. Moriii, Ksquiic.ou Sunday, thi 2*211(1 June 1834: — laid before the House of Asicinbly during the Session whii.h has ju>t closed. We or. vcd at Ihe Crdoninl Office at about two o'clock, nreouipanled by Mr. Iloebuck, at the request of3Ir. Rice repeatedly txpresseil to Mr. Roebuck in several conversations on Ciinadian aflairs. Mr. Rice having cnlcrd, requested us lo wait a short lirre, as he had (oalisent himself on some business. He iut'ormed usth'ithehad reqircsled the uttendnnce of a person lo whoijeprpnence al the conversation we should not pro- bably object. He ri fcrrcd lo Mr. Labouchere. We repii-d that .^c hhould be very happy, and that that gentleman had -Icserved the particular gratitude of our ( oun'ry oi; -..eral occasions. Mr. Rice re- tired, and relurnci. b fiorl tme afterwards alone. He began by sayi.-g th. ..e w. deMior of acting with frankness and i„.iJid'?ri e — that the jrreale«t proof he could give us of bio .o^i.idence wa.s t been added to that Commitire wi(hnut liuviiiK lollotv- ed ill proceeding*, and wiihoiit lmviii^,i!Vfr, in iii« pub- lic carrer, occupied hiniiulf in u pirticul.ir mimnpr, with the Coloniett. The Coinrn iltro u|i|)furcil tin- mitleo liioiild report that (he rcr •iniiieniliitiunM hnd lieen entirely eicculcd, or (hut (hey hiul hion iioK'lect- ed, and whutioevrr circuinilitnce that n(>|u,lec( miiy be attributed in, hii (Mr. Kice'ii) procoediiigH would not he at all enibarrniied by ihe opinion of ihe (.'onnnillec, ai to Ihe nieniiureR to ho adopted wilJMpirard lo ('a- nada. Ik' was nut connected, even in the mont dii- tunt manner, with any pa;(y i i the Coluiiy or with any ■yitem of Colonial ndi.iiiiiittiation ; neither wui he bound to follow th« ^m um fa: <■■ A' lii« prt-deceNsori in office; he had e u'reil >ffitj /ilh the Arm deiire lo enquire after (lie irufh and to render justice without regard to (,. rsour, Oi. >o act in (he manner whirh ■hou' I app> u to him (he inoii(conriirmul)le In the {gene- ral ^ond ui'Ui'- Country, and of i(a liilmhitnnt« without distinction of origin. He asked us if these principles accorded with ours, and if we were di nunuier in wiiich he had expressed them, as of what Mr. Roebuck had told us. We were not sso unjust as to exact from liiin an immediate decision on all the points, and we belioviJ the House of Assembly as well as the People, il thry were convinced of those dispositions, would not think diflferently from us. We declared to him, however, that the public confidence in Hi* Mi^flaiy's Government had been very much ihaken in (Im! Province foraome yeani by thu conduct uf tlid Colonial AdminiNtruliunN, nnilitn ac- count of the coiitrndicloiy policy of Miiiislfru ; that durinij the frrealent part of tlii! last twenty y«'arfi, Ihf rioviiriui Aii.iiiniMtralidiii hnd cniHcd ihemnelveN lobu known only byllicrvil which they had (hine, nnd by their coiiNtant ' posjiioii to t|,„ wants and npinioiis of tho People ; that 111 i.very other respfcl il mii,'lil bo said that nt tho pii-sent tiKuiK iif ilwj Country woh almost without (ioveinmfin ; Uinteven liere promises had licen made and engaffemcnta triK 'H into wind, I, ,d lH>eii of no etlLci, but on llie coji- traiy li^jij Iwen contradiclcif by 8idii»if'i|iirnf arts ; that* f.iercforr, soi ihinf/ niDi ■■ diim n mam/' Hiation of conrK il, 'iiry dispOisKioiis v< I- 11 (SSI, y to u.'-('stabli*h ronft- deiico ill (he Conntry, and (o fn/n^c it to lend 11 it 10 die prtliiiiiiiMies which tho (iuvi(iini*'nt might ■ .-iro previous to |iiocncdiii|f to t\ final redress of "iit>Vinice» and abuses ; ilml the admi-ssion of the essential prinri|.|p» iihoii wliicii our demands were liascd, woiijif du ilitnto ulterior airan^'emenls, but iliiUirHis M 'stv' Minis- ter was not ready to enter thereupon niiie.li.iieiy, lie ought nt least, hasten to establish imp.' n iliiv and jus- tice ill liio Administration of the ("1 iny : dint proof fliciiild bo fiisi given of those {lis|iosin()ris by recollin)jf tlir; present tJoveinor justly necuHnl liy the i ountry, nnd who by ilio part whicjilie had taken in fuvor of tho abu- ses, and the manner in which ho had treatt d (he People, nnd the Assendily, coiilil no liwiger m«>ef ifn- one, nor possess tlio respect of tho other. \no(liei' act which would tend to create disposiitions lownnls i-onfldence, would bo the sanction of n great luimbi jI' Bills reserved during the two Inst Sessions, for motive which could not bo comprehended. Mr. Uico having' demanded whnt tho 1 iiiiro of thosa Hills was, and having received from us mno explana- tions, said that he should be sorry to prov at tho Cana- dian Legislaliire from legislating on its owi allairs, that all the Bills which were unconnected with 1 ic Constitu- tional points upon which he had to dccid' , would bo taken into consideration immediately on tho n.onovv, and sanctioned at the fust sitting of tho Privy C" ncil. He did not explain himself relative to the recall ol lie Gover- nor, but be said shortly after, in the course < the con- versation, that every ihing was to be expectei in favor of a good understanding, and diat circumstances wero the more favorable, as business would be trans. 1 ted be- tween a new Minister nnd a new House of A -^aembly, nnd that nil discussions o(npersonal nature wonli bo re- moved which would be a great advnni ige, ■,' these quarrels were always hurtful ; that he was an Ir shman, and had learned this from the politics of Ireland, which had taught him a little of the politics of Canada. He told us, also, that as to the Report of the existing Committee, which was a Report rather of form taan 0- tlicrwisc, wc ought not to be surprised if the conduct of his predecessors was not entirely disavowed : — that, on the other hand, every expression which could indicde a censure, or a want of respect towards the People of Ca- nada nnd the House of Assembly would be carefully ab- stained from. Upon our expressing our regret that the Committee appeared to have come to a determination of that nature, Mr. Rice told us that if ho came forward himself with a different Report, he was sure to meet with a rebuff, that therefore it would probably be more- foi our advantage to allow the Executive Government to act ; that, as he had told us, the Report of the Commit- tee would be no impediment to him, and that he should not scruple to act in a contrary sense if he found the thing conscientiously just as a Minister of the Crown. It was also probable that tho Committee would still receive aa information . :!^ *i ir\\ 34 ittibrmation Bome other ^idence, but that it appeared to be the intention of the Committeo to regard the evidence as private. As to tlie time vrhich would be requisite to examine the affairs of the country, the difficulty was to provide in the interval for the support of the Civil Government in the Ptx)vince ; that every thing there was already at a stand ; that by making it provisional, and in a manner not to compromiie any claim on its part, the House of Assembly would evince its confidence in the Government, and would enable it to occupy itself, with advantage, with the affairs of the Province. This provisional arrange- ment was equally for the advantage of the two Govern- ments, and he dcmatuled it on that footing, aiKl not mfoT' nut pauperis. We must have remarked that a measure connected with the Finances had been projected by his predecessor. That measure had cow fallen through. There was another plan which he (Mr. Rice) could have adopted ; he could obtain from ihe Imperial Legislature a vote en gros for defraying, in the interval, the Expenses of the Government. He did not wish to do so — he did not wish to give the House of Assembly reason to sus- pect that he wanted to do without it, and he thereby gave a mark of his confidence — he confided entirely in ttie House of Assembly. — He placed himself in a very deli- cate position, and had taken upon himself a great load of responsibility in case of refusal — he hoped that if we were satisfied with this proceeding, he would not have oc- casion to repent it. He felf. equally that it was a delicate affair for the House of Assembly. As for doing more for the moment than shewing dispositions of justice and of frankness, and the most conciliating views, he could net ; it ought not to be exacted from him. But if he came to the management of affairs without a knowledge of the matters in dispute, he had likewise the advantage of en- tering on their consideration unprejudiced. Ua asked w if wu thought that such an arrangement was poas&lei We answered that we did, provided that by JDufot- ches or otherteise he woiUd make his intentions known to the House of Assembly, and that the grant should b$ demanded m the sense above explained, and as a prom- sional arrangement. With the exception of the points above mentioned it was not for us to indicate the meww which he possessed to demonstrate the inti ntions of the Government, even previous to the next Session of the Provincial Parliament. As for the two measures which he had mentioned as alternatives, they would not only im« pede all arrangement, but woukl render it altogether im- possible. He enquired when the Elections would take place, when the Legislature would be convoked ? We replied that the Elections would take place in the course of the summer, and that November would be the best time for opening the Session. Mr, Rice then said that in order to avoid misconcep- tions, on the subject of the proposed temporary arrange- ment, and to come to something precise, he proposed that it (the arrangement) should take place by means of a Bill similar to those which had oeen passed under the adminis- tration of Sir James Kempt. We declared that we were of the same opinion with him on that point. He enquired if the Legislative Council would oppose it ? We answered that we thought they would, but after all, that would be their affair, and that that would aflbrd a more exact idea of the views and principles of that body; that moreover every thing that could facilitate such an arrangd- ment was in the hands of His Majesty's Government. Thereupon, after expressions of mutual satisfaction on the manner in which this conference had been conductedf we separated.