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LONDON: PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPQTTISWOODE, PRINTERS TO THE QUEENS MOST EXCELLKNT MAJE8TV. FOU HER MAJESTV'S STATIONERY OFFICE. 1879. [C— 2445.] Price Is. 5d. -r ABLE OF CO NT K NTS. Krnin m lo whom. Date. Sulijdct. i Tilt-- Miiiinii- cil' Lome, K,T. 2 ' I>itio i) U) u 12 ]3 14 Ditto » " Ditto Ditto ir. G. Jnly. Esfi. JJitto Ditto I'o II. G. Joiv. Ksq. IT. O, Joly. K-"!. T < 11. G. Jdlly, E,?q. H. G. .lolv, Klmcli ', IS7(t. nciiiiti to nil iiildn'iiM of llir IIoiisc of (■(Jiiiinon.-' I 3 (liw, .Miirrli 20). ii'liiiiii;; to tliu chsi' of tiic Lirtid'imnt-Govi'nior i ul iJik'Ihjc. I i M.iitI) I'>. I87!I. Miiii^liiiiil clmiiirf ^ in llic rroxini'c III' Qitebor - ' ItW 1 (Ucr. April 1 ). , ; \\-ifil ol M. Lflrlliii. Luiitciiaiil-Govcitior of lot (R.v. Ai.i. 22, 1H7!M. tjiulici . April 11, l«7y. Sir J. A. Miii'iloiiiilir< ini'moiimiluiii on tin; siib- (liir. A[ilil2H|, jwl of till" iiise ol .M. l.i'IfUirf. IIW ! A)ivil 22. l'<7!t. J\I. Li'tillioi-',- stnl.'llU'lit of lii-- iM>..'. anil rnpy of ' 110 idfri'. May fi, 1*^7''.) ti'kgrani .soul, to liiin liy llii- Govi'iiioi-t.M'iioral. i j May f!, 1879 i lii'iuai-kiiii; npon the (Ji^l'nm^fall(.•c^ roiinectud with | 118 IIk' llir^lllL-.^al of M. l.Llollirf. I May 13, 1879 ; M. LiMi-llii'i-'s I'li-i, -uliniiitini.-. points loi- I'onsidf- I 119 i ration i)f,Iiulii;iiil ( onimilii'O of l'ii\» Council. I May l.'>, ]n79 ' UpiincstiiiL'' lln' iti.sinis.sil of M. I,oic>llici' I2«) Alay 2(\ H7f» , Statins; tliut his siij^gi'stiDii that the casv ol' M. , 12') i Lctcllii'i slionlil in; vt'lVnid to the .Judicial i I Committee cannot lie ndopti'il, | M.iv 22, 1^79 I t'a.se of Lieiiteniinl -Governor Litcllier 121 May 2.1, l'<79 Inforniinf; hiin that hi.s Icttir of the 22n(l instant ! I2,'> fCspciMin;.' llw rasr of Al. I.etellii f will feeoivo ; . full eon,~iil..ialion. j Mn^ 27, 1879 E.vprissins; hi'- opiniou on the -ulijeet ol'tho case i 12() of M. Leiellief. II. L. Laiigevin. Emi. - May 31, ls79 Dismi.'^-^al of M. l.elelln r. l!ei|iiisLiug an imme- 127 j iliate setllemenl of the i{Ui'f:tion. To the MaiiiniH of July .'I. H79 | IJemoval of M. Leiellior. the LictitenBiit-Covernor Lome, K.'r. i ' of (Juiliee, from hi.- olliee. 1 i The Marquis uf Lome, i -lulv 2h. 1879 Meinoramluni hy Gov ernui -General on the case of K.T. (l{e.-.Augu St 11). j M. Lctellier. 16 I Ditto July 28, 1879 i .Yppointm^ lit of the Hon. Theoilore RobifaillR to (Hi'i-. Ain^ust 11 ). the olKee of Lieiitetnint-(io\emoi of t^uihec. 127 129 131 COUKESPONDENCE, &c. No. 1. The MAllQl'IS OF LOHNH, K.T., to the Ui(;ni Il-.v. Siu MICHAKL HlCkS HKACII, Hakt. (Keceivcd Marcli 'JO, lh79.) .Sir, (iovenimcnt House, Ottawa, March ">, 1^79. I iiAVK the honour of tbrwardinp: to yoii, tor }oui' int'ormation, copier of a Keturn to an Address of the Dominion House of Commons for papers rclat to his Honour the Lieutenant-CioNcrnur of the Province of (^ueliec. I h; cVc. The Right Hon. Sir M. E. Hicks Beach, Bart., (Signed) L(JUNE. &C. &C. iVC. Enclosure in No. 1. Reti'RN to Address. — Copies of the Pktition addressed to the Govrrnoh in Council by the Hon. Messrs. Chai'ikau, CnrRcii, and AniiErs. praying for the dismissal of his Honour Lrc L/telijik, LieutcMiant-Ciovemor of tiic Province ol Quebec ; and of the Answer made to the said Petition by the said Lieutenant-CJovernor ; and of the Reply made by the said lion. Mcssis. Chapleau, Church, and Angers to the said Answer ; and all Correspondence and Papers relating to the said subject. Return (I9) to an Adorkss of the House of Commons, dated 'iOth February 1H79, for copies of the Petition addressed to the Ciovernor in Council by the Hon. Messrs. Cliaplcau, Church, and Angers, praying for tlie dismissal of his Honour Luc Letcllier, Lieutenant-Governor of the Province of Quebec ; of the Answer made to the said Petition by the said IJeutenant-Governor ; and of the Reply made by the said Hon. Messrs. Chipleau, Church, and Angers to the said Answer, and all Correspondence and Papers relating to the subject. By command. Department of the Secretary of State, J. C. Aikins, 27th February 1879- Secretary of State. PETITION. Canada, Province of Quebec. To His Excellency (reueral Sir Patrick Leonard McDougall, Knight Commander of the most distinguished Order of Saint Michael and Saint George, Admini- strator of the Government of Canada, ^cc. &c. &c., in Council. Joseph Adolphe Chapleau, of the city of Montreal, member of the Legislative Assembly of the Province of Quebec, for the county of Terrebonne ; Levi RuiiOLiis Cuuhch, of the said city of Montreal, men jer of the Legislative Assembly of the Province of Quebec, for the county of Pontiac ; and Auouste Real Angers, of the city of Quebec, Queen's Counsel, by this their petition respectfully represent — That on the Hth March 187w the Legislative Asscu)bly of the Province of Quel)ec adopted the following Address to be presented to his Excellency the (iovernor-(ieneral of Canada, to the Senate, to the House of Conimons, and to his Honour the Lieutenant- Governor of the Province of Quebec, to wit : — Exhibit No. 1. (( T"! he humble address of the Legislative Assembly oi the Province of Quebec respectfully showeth : — " That it appears from the explanations given by the Honourable Mr. Angers, and from the official correspoudeuce communicated to this House, that his Excellency the Licutenant- N 834. G S ( Wt. 4553). A 2 Governor iickn(»wlc(lgc8 that the members of the Dc Boucherville ( 'ahinel have acted in goud faith in the discharge of their duticH. " That hi;* Kxcellciicy haB allowed the measures sulmiitted hy his (iovcrnnicnt U .« House and to tiie Legislative Council to be diBCussed and voted upon without order on bis part to suspend them. " 'I'hat, whilst asserting their devot' >n to our gracious Sovereign and their respect towards his Excellency the Lieutenant-Governor of this Province, this House is of ouiuion ; That th*^ dismissal from office of the De Uouchcrvillc ('abinet having taken place without reason constitutes an imminent danger to the existence of rcspoDsiliJc ?ovcrnment in this Province, is an abuse of power m contempt of the majority of this louse, wliose contidence they possessed and still possess, and is a violation of the Iil>ertie8 and will of the people. " And your petitioners will ever humbly pray." That on the same day the Honourable Legislative Council of the Province of Quebec adopted the following address to bo presented to his Excellency the Govcrnor-CJeneral, to the House of Commons, to the Senate, and to his llonour the Lieutenant-Governor, to wit : — Exhibit No. 2. — " The humble address of the Honourable the Legislative Council of the Province of Quebec respectfully showeth : — " That it appears from the explanations given by Hon. M. de Boucherville, and from official correspondence communicated to this House, that his Excellency the Lieutenant- Governor acknowledges that the members of the De Boucherville Cabinet acted in good faith in the discharge of their duties. " That his Excellency permitted the Bills submitted to this House and to the Legis- lative Assei/ilily to be discussed and voted upon without any order on his part to suspend them. " That whilst expressing its loyalty and devotion to our gracious Sovereign, and its n:spcct lor the Lieutenant-Governor of this Province, this House is of opinion that the dismissal from office of the De Boucherville Cabinet having taken place without sufficient cause constitutes an imminent danger to the maintenance of responsible government in this Province, is an abuse of power exercised in contempt of the majority of both Houses, (whose confidence they possessed and still possess), and a violation of the rights and will of the people." That the circumstances under which the Legislative Assembly and the Legislative Council of the Province of Quebec adopted the above resolutions are contained in the ministerial explanations given to the Legislature on the 8th March 1878, of which the following is a copy extracted from the Votes and Proceedings of the 9th of the same month : — Exhibit No. 3. — " M. De Boucherville had received permission from the Lieutenant- Governor to give explanations respecting his dismissal from office at the sitting on Monday, the 4tli March instant. Between half-past 1 and 2 o'clock of the same day he received from his Excellency a notice not to give any explanations until the new Cabinet had been formed. " This event having been announced, the late De Boucherville Government has the right, in virtue of the permission so obtained, to give its explanations to the House and to the country. " It is my duty to announce to the House that the De Boucherville Government did not resign. A Government possessing the confidence of the great majority of the repre- sentative Assembly, and of almost the whole of the Legislative Council, has no right to resign if it has really at heart the interests of the country and a respect for its duty. This (iovernment was dismissed from office by the Lieutenant-Governor. The facts which preceded and followed this event are entered in a journal kept from day to day and from hour to hour, under the dictation of the ex-Premier, and the following is an exact and I'aithful recital thereof: " On the 2()tli February 1H78, at about half-past 4 o'clock p.m., the Premier received fiom the Lieutenant-Ciovernor, through his aide-de-camp, the following letter: — " To the Hon. C. B. De Boucherville, Premier of the Province of Quebec. Government House, Quebec, February 25, 1878. " The Lieutenant-Governor desires the Executive Council to prepare for his con- sideration a factum, including a copy of the following documents : — " ] . A copy of the Acts of the Dominion Parliament authorising the construction of the railway now known undi-r the niune of the ' QucIk-c, Montreal, Ottawii, and Occi- ' dental Ilailway,' as well as a copy oi the Acts of the I^gihlaturc of Quebec respecting the same railway. " 2. A copy of the Acts of llic Legislature ni the Province of Quebec respecting the construction oi the railway between Quelle an(' Montreal, commonly known as the North Shore Itailway. " .'J. A copy of the byelaws of each of the municipal corporations by which they agreed to assist in the construction of the said road. " 4. A statement of the amount of the grant paid by each of those corporations, and a copy of the correspondence exchanged between the (io\ emmcnt, the Railway ( 'ommis- sioncrs, or the contractors of the said road, and the said municipal corporations with respc A to their said grant or subsidy. " 5. A copy of the several contracts entered into for the construction of the said roads. " 6. A cop^ of the official or confidential reports of the engineers to whom was entrusted the location of these l-nes of railway, in whole or in part. " 7. A copy of the report of the Ilailway Commissioners laid l>efore both Houses during the present session respecting the said roads. " 8. Copy of the representations made to the Government by the nmnicipul corpora- tions interested, or by the ratepayers of these munici|)alities, respecting the condition of their grant or subsidy. " 9- Copy of the resolutions proposed to the Provincial Legislature during the present session respecting the said subsidies, and to fiicilitate the payment and sur\cy of the same. " 10. Copy of the Bill, ba;;ed upon the said resolutions, which was introduced into the House during the present session. " n. A plan showing the locations of each of the said railways, or of any portion thereof. " 12. A detailed statement of the reasons which induced the Provincial (iovernment not to content themselves with the provisions of the statute and common law, and with those of the civil code of this Province, for the recovery of the sums of monc_) which might become due by the said corporations, but without having in any manner previously consulted with the Licutenant-Ciovcrnor, to propose an ru- pod fhrto legislation to compel them tiiereto. " Another very important measure to provide for the imposition of new taxes was also similarly proposed to the Legislature without having been previously submitted to the Lieutenant-Governor. " The Lieutenant-Governor is perfectly aware that measures of secondary importance which ha"e previously been sutticiently explained to him may be, as a matter of routine, proposed to both Houses without an express order from himself, but he cannot allow the Executive to communicate to the Legislature on his behalf any important or new measures without his special order, and without his having been previously fully informed and advised thereof. (Signed) Luc Letki.mer, Lieut,euant-Governor. " The Premier prepared his answer during the nights of the 26tli and 27th February. This answer was delivered by him in person to the Lieutenant-Governor at Spencer Wood about 10 o'clock a.m. on the 27th. It reads as follows : — " To His Excellency the Hon. L. Letcllier de St. Just, Lieutenant-Governor of the Province of Quebec. " May it please Your Excellency, Quebec, February 27, 1878. " I HAVE the honour to acknowledge the receipt of the memorandum sent me yesterday afternoon by your Excellency, through your aide-de-camp, who at the same time informed me that you were ill in bed. I submitted this memorandum to the Executive Council, and I shall see, as your Excellency desires, that all due diligence be used in order that all the documents required may be transmitted to you as soon a.s possible. " In anticipraon of the factum desired by your Excellency, which will contain a more detailed statement of the motives which induced the Provincial Governtnent to bring in the measures to which you draw my attention, I consider it my duty to represent that the reasons which, amongst others, caused the Government to submit to the Legislature A 3 ^. 6 fi h\v (iMivinir thr in»inici|»BlitioH to p:s, the rcHuit of the ill-will of these municipalities would have been either to necessitnte a new loan by the Province, and, conse<|uently, to enuse a burden to be unjustly imposed upon nuuiicipalities which li- J entered into no iMiuanenuiits, ami which would derivr no innncdiate bencHt from the construction of the road, or the complete sloppayc ol the works already iH-gun, tojfether Avith the inc-itable loss of intrre^-l on the ciioriuous '-apital already laid out upon this t ntcrnri>e. and the other daniai^es resulting thcrelrom. " '1 he Cioverinnenl, while undertaking, in the liist place, by the said law, to (ulHl the conditions which it had iifjreed upon with the sjiid inunicipalitieu, considered that, in substituting for the ordinary courts the Lieutenant-CJovernor, with an Kxemlive Council responsible to the I.egiMlature and to the people, it oH'ered to the parties interested a tribunal which ad'orded as many guarantees as the ordinary courts. " I would also take the lil)erty of calling your Kxcellency's attention to tlie fact that similar provisions are already in our statutes. " 1 would cite to your I'xccllcncy chapter B."* of the Consolidated Statutes of Canada, and also chapter 47 of .16 Victoria of the statutes of Ontario. " I humbly submit to your Kxcdlency that a law dcvisete, that while you were at RivitM'e Ouelle, I had the honour of recjuesting your authorisation to lay the question of finances iK-tore the House, and that you were kind enough to reply that you sent me a blank form by mail, and I consideied this, at the time, as a great mark of confidence on your part. I did, in effect, recei\c a blank form with your signature, which I handed to the treasurer, who had it tilled up by your aide-de-camp. ■' J.ater on I had the honour of rec [nesting your Kxcellency's aithorisation generally to lay money (luestions before the House, and this your Kxcelleney i;ranted with your usual condescension. This permission, moreover, had invariably been accorded me by your predecessor, the late laminted .Mr. Caron. " I must admit that with this autiiorisation and the conviction in my mind that your F.xccllency had reatl the IVeasurer's Budget speech, in which he nnnouiu'cd the taxes which were afterwards proposed, I considered I had a right to inform my colleagues that 1 hail your permission for all «]ue8tions respecting money. " I beg your Kxcelleney to believe that 1 never had any intention of arrogating to myself the right of having measures passed without your approval, ami that under existing circumstances, having had occasion to speak to your Kxcelleney in reference to the law respecting the Provincial railway, and not having received any order to susfcndit, I did not think your Kxcelleney would discover in this measure any intention on my part to slight your prerogatives, which no one is more disposed than I am to respect and uphold. " Your, &c. &c. (Signed) " C. B. De Bouchervule." " After some conversation, the Lieutenant Gov ernor having heard M. De Boucherville's explanations, admitted that, if there had been any misunderstanding, it was in good faith on the part ofvhe latter in authorising his colleagues to say that they were authorised to submit the legislation in reference to money matters. " He afterwards told him, in reply to his question on the subject, that the only difficulty remaining was the question of the Quebec, Montreal. Ottawa and Occidental Hailway, and that he would give an answer on the following day, the iHth February-. " On the 2Hth Fel)ruary, at about half-past 7 in the evening, Mr. De Boucherville went to Spcncerwood to convey to the T^ieutenant-Governor the documents asked for in the letter ol the 25tli (which documents were prepared by the Honourable the Secretary and were accompanied by a synopsis). He asked tiiin if he would soon give his answer, The Lieutenant- (iovernor tofd him he would examine the documents and probably give it to him on the following day, the 1st March. " On lea\ ing, Mr. De Boucherville said : ' If I undt.Tstand you rightly, you arc hesi- to ver, 'ivc tntitif? iM'twci'ii giving \wiir santcion to the Hnilwiiy Hill and resrrvini? it." Ho rcpiiitl : ' Thuf in it; ■ " On flic 'Jnd nC Miiicli, iit T) minute^ lo I in the aftrmoon, thr nidt'-dc-camp of till' Liriitrnnnt-doverntir liauilc*! to Mr. Du Hoiicht-rvillc the letter given hereafter. " Hef'oro the aide-de-camp left he wmm «sked how his Kxeellency was. The aide-de-eamp replied that he was .lot no well, and then a^ked when we intended elosirig the Nebsion. Mr. De Houcherville replied that he could not nay, aw many mritciB were in arreur. " The following is the letter in question : — "To the HonoiiraMe C. B. De llouebervillc, Pn"nier, Qiicl>ec : — " (jovernmcnt Ilonic, Quebec, March 1, 18"H. " T»iK Tiioiitrnant.riovernor, taking into considerati m the comnumieation made to him verbally (on the 'J7th Febrnar)') by the I'reniier, and also taking into cHmsidera- tion the letter which the I'reinier then gave to him, is prepared to admit that there had been no intenliim on the part (if the Premier to slight the preroj^^utivcs of the (^rown. and that there was only on his part an error committed in good tiuth in the interpretation that he gave to words used by the IJeutennnt-Ciovernor in the interview whiih they had on the l!)th February instant; words whicii did not imply the authorisation attributed to them b\- the Premier. " with this interpretation and the instructions given in consctiuencc by the Premier to the Honourable Messrs. Angers and Church, these gentlemen did not willingly do any- tiling against the duties of tlicir oflice. " \h to the blank which the Lieutenant-(iovernor addressed to him from llivicre Ouille the Iiieutenant-(io\ernor knew that such blank was to l)c used for the purpose of submitting the estimatcM to the House. " This act was a token of confulencc on his part, as stated by the Premier in his letter of the 27tli, but it was confidential. "The Lieutenant-Ciovenior deems it his duty to observe that in his memorandum of the 2."ith I'cbruary last he in no way expressed the opinion that lie thought that the J'remier ever had the inti 'tion of arrogating to himself the right of having measures passed without his approvii or of slighting the prerogatives of the represeniativc of the Crown. " Hut the Premier nuist not lose sight of .he fact that although he had not so intended, the fact remains as he was told by the l.ieutenant-CJovernor. " 'I'lie fact of having submitted several new and important measures to the Legislatuiv. without having previously, in any manner, consulted the Fad and examined the mcmorandiuii and documents which the Premier was kind enough to bring him yesterday. " In the record arc petitions from several municipal corporations, and from citizens of different localities, addressed to the IJcutenant-Ciovernor, against the resolutions and the (iovernment Uill respecting the (Quebec, Montreal, Ottaway and Occidental llailway. " The Ijeutenant-(rovernor was only yesterday in a position to take comnmnication of some of those petitions, inasmuch as they had not been transmitted to him before the record. " The Lieutenant- (iovernor, after mature deliberation, cannot accept the advice of the Premier in reference to the sanction to be given to the Railway Hiu entitled ' An Act ' relating to the (Quebec, Montreal, Ottawa and Occidental llailway.' " Tor all these reasems, therefore, the Lieutenant-Governor cannot consider this memorandum without expressing to the Premier the regret which he feels in being no longer able to retain him in his position, contrary to the rights and prerogatives of the ( 'rown. (Signed) L. Leteli.ier, Lieut.-(iovcrnor. " On the 2nd March, about 2 o'clock, p.m., Mr. I)e Boucherville went to Spencer Wood ; when he arrived he was admitted to the presence of the Lieutenant-Governor and told him that according to the memorandum received from hira that day, he under- stood that he was dismissed from the office of Premier. " The Lieutenant-Governor told him he was to take his own interpretation from the letter. Upon this Mr. De Boucherville handed him the letter, which will be found further on, as being his answer. "The Lieutenant-(iovernor, without opening it before him, made some remarks on the difficulty in which the legislation had placed him. "Ml. De Boucherville replied that in 'his present position, he thought he had no opinion to express on the subject.' He then bowed himself out. When he had pro- ceeded a short distance from the house, he caused the vehicle to return, having forgotten 9 to n»k p«'rini»»4ion from tin- Ijonfrnnnt-CJovrrnor to ^Wv rxpliinutioiH to the Hnii»r, ACtrr liiivinjf Ih'cii ii hitdikI fiiiic iidinittcd to flif jirosfnco til' the l.iciiiciiant-lliivn nor, he uskril pirmistNiDii to f^ivc rxplmiutioiis nnd to iiuikc known the mcniorntuliini ot tlie Lioii'u'iitikiit-Ciovcriior niid his nplics tln-rcto " 'I'lio Liciitcnunl-rioviTnor told him lu- liiid no ohjcrtioii, anil nxkrd him iis tn the pci'Hon he bhoiild Hi-iid for. Mr. I)c Uoiuh(>r\ille rrplicd that he looked upon himselt', lmvi^^ been diHinis-«!d, ns Immiij: in a diff'iMvnf position f'-mi a niinisitcr who, Mithoiitfh dotoated in tlie House, still retained the eonfideiirc of the Sovereinn ; that he had had a inujorit) of "iri in one of the late votes, that inuler these i ireiiinlytanceHhc did not think he could advise him in the t;iatti-r. He then lef\ him, und while in the ante-room, the Lieiitenant-Ciovernor recalled him, and !>ai(l : 'Please ilelay the explamttioiis until Monday.' "The following; is n copy of a letter which Mr. Do noiicherville handed to the Iiieutenant-(iovernor, when the latter told him that he was to take lii.s own interpretation of his memorandum : and " To His K.xcellency the Liciitenant-Oovenior of the Province of Quehee. "May it I*i.ea«k, Yoi u Kx(EM.knc\, (^uehee, March 2, \hJH. "I HAVK the honour to U(':nowleil^e the receipt of ycui memorandum in Mhich you come to the conclusion that you cannot retain me in my position as Premier. " I have therefore no other duly to perlorm heyond suhmittin/af to my dismissal from ofKce communicated by yoiu- Excellency, reiteratinif at the same time my profoimd rcspecl for the rights and prerogatives of the Crown, and my devotion to the interests of our Province. " I have, Sn: "(Signed) ('. H. Di: »oi c ukhmi.lk." *'0n the 28th January I87S Mr. De Houchervillo hml iint to his Kxceilcncy the r.ie'.Ucnant-(iovernor, who was then at liivi^re Quelle, the fullowiiig telegraphic dc.anatcb ; •" Can you send me authorisation resolution respecting finances ? ' The Lieutenant-Governor, on the following day, the 'JOth, telegra))hed to Mr. l)c Bouchcrville : ' Blank mailed to-day. If [ircsence neceesary, telegraph. Ilcturn Friday.' " Ihc resolutions respecting the North Shore Hnilway were submitted to the House only on the 29th January, after the telegram had been receixcd from the Lieutenant- Governor that a form signed in blank had been mailed to Mr. l)e Houchervillc in reply to his despatch of the previous day, saying: "Can you send me authorisation lesohi- tions respecting finances ? " On the 3()th January, the first resolution was reported from Comniittee of the whole. On the .'ilst it \sas adopted by the House. "On the 1st February the House again went into conimittee of the whole, and reported the other resolutions on the same subject. But it was only on the .')th that the adoption of the report of the committee was carried, the Hou.se throwing out the motion of non-confidence on this point by .'JS to 21. "(,>n the 5th February a Bill based on these resolutions was introduced ; the second reading was delayed until the iMth of February; the third reading took place on the I9th during all this time the Lieutenant-Ciovcrnor, to whom the votes and proceedings were sent daily, remained silent. " On the lyth February Mr. De Boucheivillc nut the Lieutenant-Governor, and in the converation which took place on the s^ubject of the measure, thought he h;ul satisfied him as to its legality and the urgency of iis being passed. The Lieutenant-(iovernor was so far from being explicit as to his intention that Mr. I)c Bow-hcrvillc left him with the impression that he was authorised. "The Lieutenant-Governor does not contend in his memorandum of the 1st March 187H that he had given orders to suspend the legislation. " Sent up to the Legislative Council, this Bill had gone through its third reading before the first letter was received from the Lieutcnant-trovernor, date the 2.5th Fcbrii.Ty last but only delivered at 4.30 p.m., on the 2()th. In tact, the Lieutcnant-(Jovernor,'in his letter of the 1st March, admits that he did not in any way in his memorandum of the 25th February, express the opinion that he considered the Premier had intended to arro- gate to himself the right of getting measures passed without his approval, or of sliirLting the prerogatives of the representative of the Crown. prcrogati\ 10 . " I [living asceitiii.cd thai a iiii.suiKler.-.taiiding existctl as to the intrrpictation of the aiithDiisatioii aakcil liy telegraphic ilespiitcli on the 'i.'Jid Jaiuiarv, and answered on the 29tli, In a message stating that a form signed in hhmk was jent, and in view of the impressions lefV h> the eon- ersation of the I(H!. Fehriiary in Mr. Do Boneherville's mind, sliould the Lieutenan v.iovernoi have waited to make known for the first time the existence of this inisimderst Hiding until the 2()th Fei)rnary, at which (Kite tlie whole of the legislation of which he complains had been discussed and voted in the aftiruiative bv both Houses. "The confidence shown by the Lieutenant-Ciovernor on the 2i)th .January in Mr. De lioucherville by furwaniing the form signed in blank, was calculated to justify him in interpreting the silence <»f the liiculenant-Governor at least as not meaning- dissent. " After these interviews ol' the l!)th February the silence observed until the 'Jikh February was also of a nature to lead him to believe that he had a general authorisation to submit to the House all measures which the public service recpiired. •' On the 31st of .iaiuiary, livi (la\s previous to the first memorandum of the Lieutenant- Governor, the lliinourable 'I'reasiirer made his budget speech, in which he announced the new taxes •.ihich it would be necessary to levy to meet the t)blii;ations of the province, oblij. itions contracted during several previous years, and resulting from the policy then inauiiurated on railways, and which had received the concurrence of several members belonging to the party opposing the (iovernment. " Can th's speech, [)ublished /// vxtenso by the press of the whole country, ha\e escaped ih^ notice of the liieutenant-Ciovernor ? '" On the 19th February the resolutions demanding those taxes, but at a lower rate than the one mentioned by the Treasurer in his speech were presented, and on the 20th were adopted by a vote of ,'59 against *J2. " The Lieutenant-(»overnor m his memorandum of the 1st March complains that Mr. De HouclierNille did not let bin-, know tliat the (iovcrnment was in an impecunious condition requiring special legi.-.lalion to increase the public taxes. '' The Premier would have formed an erroneous idea of the situation if he had so (jualified the temporary embarrassment, cau.^ed by the ill-will of tlie municipalities which had subscribed for the construction of ihe provincial railway in neglcciing to faithfully fulfil their obligations. He would have formed an erroneous idea of the situation in presence of the re;iults obtained so far without any burden having been imposed in order to obtain them. " On the 22nd February notict' was given of resolutions respecting railways in the eastern townships and on the south shore of the St. Lawrence. " On the 2'M\\ of the same month the resolutions were introduced and subsccuiently adi'pted by a vote of 11 to 1(5. Those resolutions do not in any way increase the actual d' of the Province. The Lieutenant-Ciovernor said in the same memorandum; 'That the construction of the railway from Quebec to Ottawa should prevail over that of other ' railways," The legislation of many years past on this sulijcct establishes no priority in favour of th<; jM-ovincial railway to the detriment of railways in the eastern townships and on the south shore. I'hc De noucherxille government would have contravened the law if they had adopted any other view of the matter. " In the same memorandum the Lieutenant-Governor declares, ' That he cannot accept ' the advice of the Frianier in reference to the sanction to be given to the Railway Bill, • ii'.tituled, ' An Act respecting the (Quebec, Montreal, Ottawa, and Occidental Railway.' This diclaration is premature, the Premier ne\er ha\ing been called upon to give his opinion as to the sanction to be given ; and if, had he been called upon to do so, he would, unler the circumstances, have reconunendcd that it be reserved for the decision of the (jovernor-General, being in iloubt as to the Lieutenant-Goyernor having the ri'dit, of his own accord, ex jiroprlo inotu, to exercise the [jrcrogative of veto, and thus tcf decide finally on the fate of a measure |)assed by both Houses, when the Britisli North America Act of 1807 .seems to leave such power to the Governor General. "The memorandum of his F^.KCellency ref'eis to petitions of several corporations and citi/euH of different places, addressed to the Lieutenant-Governor, against the resolutions and the measures of the Govcrmnent concerning the (Quebec, Montreal, Ottawa, and Occidental Railway, " It is sufficient to consider that these petitions came from debtors from whom the law intends to fiace payment, to arrive at the correct conclusi(m that the opinion of both Houses should prevailover tliat expressed in such petitions. The L:eutenant-(iovtrnor in the s.ime memorandum refers to Acts of administration which date from before tlie session, and to \\hi;h he has given his assent. As he alludes II of the I on the ' of the crville's imc the vliole of" jtive by )' in Mr. ) justify meaning he -idth uiisation ■utcnaiit- iiounced province, I icy then nuuibcis ry, have iwer rate the 20th that Mr. )ecunious ic had so ies which faithfully nation in I in order ,s in the eciucntly le actual That of other iority in wnships •ncd the ;() ol accept way Bill, Railway.' give his do so, he decision ving tlie and thus ic BritisJh al. itions and .-solutions tiiwa, and wiiora the \\\ of both inistration ^le alludes to matters for which the Govcnmient is resjionsible to both Houses, as advibcrs of the Crown, and as they aic foreign to {\\^■ question of prerogative raised by the l.ieutenar.t- Ciovernor, thev cannot be adduced in this niemoran b\- this side i>sue or liors '/Uenrir, there is no re.ison to ciuestion them now. " The Lieutenant-Ciovernor further expresses the opinion tiiat the state of our finances forced us to make loans disproportit)nate to our resources. " 'llic necessity of hero repeating tliis phrase is to be regretted, but the credit of the Province rcijuires tii.at it sliouli! lie contradicted. The mere reading of the t)udgct speech will sutKce to reassure alarnii>*ts. " Kroin all the above facts from admissions contained in the last rneinorandnm of the Lieutenant-Governor, from tlie transmission of the form signed in blank and sent by him in reply to a request by Mr. l)e l^oucherville, asking his authorisation to introduce resolutions respectin- finances, and trom the silence of the Lieu*enant-(iovernor, up to the 'Jfith February last, it results that no measures have been introduced into the House in opposition to the pi'crogatives of the representative of the Sovereign. '• Nothing moi'c remains now for nie to do but to I'citerafe the (leclaration 1 made in commencing these explanations. The Do Uoucher-ville Cabinet has not resigned. It has been dismissed from othce by the l.ieuteiiant-Cioverni:r. '' 'I'he Conservati'io party is no longer in power. lUit it is in this [louse a power, a qualified ])o\ver', a mri iority in the Opposition. The majority here, the majority in the Council, the majority in the coimtrv. I'lie Conservative party has been dismisse;$ against 12 that the resolutions above uientioned were in order, was unexpectedly interrupted before their adoption by a message of his Honour the Licutenant-Ciovernor, requesting the attendance of the House in the Legislative Council, and then and there was by him prorogued. That the Lieutenant-Governor addressed to his Excellency the Covcrnor-Cieneral an "explanatory case," bearing date the lOtli March 187^^. This document, most mate- rially diff'erent from the one sent to Mr. dc Boiicherville informing him of the reasons for which the Lieutenaut-(iovcrnor was no longer able to retain him in his position, is as follows : — " P^xhibit No, 5. {Tnais-hifwu.) " To the Right Honourable the Ivviu, oi Dlffkiun, K.P., K.C.13.. G.C.M.G., Governor- (ieneral of C'anada, Ottawa. "My Loud, Government House, Quebec, March 18th, 1878. " I UAVE the honour now to submit for your Lordship's consideration documents and details which I could not lay before the public, but from which it would have been more clearly understood that the dismissal of M. de Boucherville's Cabinet, was forced upon me by circumstances. " These details are not contained in the correspondence which I authorised M. de Boucherviile to place before the House, and which aic hereunto annexed. " From the day that I was by your Excellency raised to the position I occupy at piesent, all my private relations with the members of my C^abinet, up to the time of their dismissal from office, were, I miu-t adniil, generally of an agreeable nature; but in those of an official character with the premier, I almost invariably felt that I did not enjoy that entire confidence on his part, which is the chief element of a cordial understanding between the representative of the Ciown nnd his advisers. " After having studied the general state of the affairs of our Province, afler having become convinced that legislative and administrative changes were becoming more and more necessary, I decided upon using with moderation, and with the greatest possible discretion, the influence attached to ni> position in order to obtain the realization of that which I deemed to be of the greatest advantage to the Province. '* I regret to !;tate to your Excellency that, although M. de Boucherviile did, on most occasions, take my advice in good part, and generally approved of it, he nevertheless, almost always acted as though he had never receive(l it. Nevertheless, far from using my authority to obstruct his action in any way, 1 invariably treated him with great indulgence, as will appear to your Excellency by the following facts ; " 1st, During the session of l'^7fi, a bill had been read three times in one of the two branches of the Legislature, and only twice in the other. " This bill, lu'aring all the certificates which Avere necessary to induce me to believe that it had been regularly passed and adopted, was submitted to mc by the Premier for my sanction. In conse Attorney- General; he fonchided by sayini^ that he would get him to pre))are a report on the subject. " 1 received that report some ', do not, in \n\ opinion, deserve consideration, which cannot but be injurious to the (government .and myself. " ' The remedy is very simple, rescind the appointment ; allow the parties interested to fight it out before the Courts. '"Yours, &c. "'(Signed) L. Letki.lieh.' " If, my Lord, 1 insist upon this latter point, it is to show your K.vcellcncy fiiat the Prime Mmister was then peifci-'ly aware of my views on that point, and should not, in conse(|uence, have introduced during the last .Se.'jsion of our Legislature, any legislative measure, or perform any administrative act tending, to substitute executive for judicial power without notit'ying me, and especially without advising me on the subject. '• It was easy for the Premier to uiulerstand from my remarks ami the frequent con- versations which I had with hiui, that I could luit cuiiseni to see ller Majesty's subjects despoiled of the right guaranteed to them by Magna (.'harta; that their property should never be mtcrfcrcd with, except in virtue of a judgment rendered by the tribunals of the of the country. " 4th. — On tlie 19' h March 1^77, being on the eve of absenting myself for a few days, I wTOle to the lion Mr. I'iiapleau; and in a postcript 1 said: ' Please oblige me by ' telling the Premier that ii lie needs my concurrence, Mr. Gauthier may bring down to ' me the documents requiring my signatuie.' " M. De Houchervillc should hav e understooil from that, that if I was ready to give him my concurrence, it was un condition of luuing ail documents submitted to me before signing them. " 1 leave you, my Lord, to judge in what maimer my views were interpreted. " .^th. Under date of the (Jt'h of November last I addressed to the Honourable M. De Boueherville the letter of which the following is a copy : — '"(Private.) "' My niAH l)i BorrnFiiviu K, Quebec, November (1th, lH77. " ' I.s the last '• Oliiciat Gazette" were published, under my signature, two proclamations which I had not signed. '• ' Gnc was ibr the summoning of Parliament, whi li 1 had reserved in order to confer with you ; the other, wliicli 1 did not even see. appoints a d.iy of thank>giving. " ' The.se proceedings, the nature of which 1 shall not characterise, entail, apart from tlieir impropriety, iiualiilitics whieh you will easily understand. " ' Yours very truly, " ' The lion. C. It. De lioucherville, (Signed) L. Lktei-lieu. " ' Premier.' " The following aie the notes which I took of the conversation which 1 had with M. De Houcliervillc on the subject: — " ' M, De Boueherville came on the same day he received the letter to tell rae that he IS regretted timt the thiiif? Imd occiiiTod, and that it was no rniill ol l)i». I accepted the excuse, and \ tlieii told liim that I would not t.ih'rate my name hciiif: used wlieu neces- sary for any duty oC \ny office unless the docMiineiits reqiiirinji my sij,'nature had been previously VulMnittcd to nie, iuid unkss inl'ormation was atlorded to nic, which M. De Houchcrville assured me would l)e the course followed in future. "'(Sig-ned) L. L." " 6th. Rut, my I^ord, there is another point -still more irajiortant, which I cannot any longer refrain from mentioning. " From the conversations which I have held with M. De Boucherville there results a fact which, if it were known, would of itself have sufficiently justified me in believing that he did not ])osses> the confidence of the people of this province. " On two dilllreiit occasions, some time after the session of IH/O, I pointed out to hhn that millions had been voted to aid railwa\N in general at a time when our finances did not appear to me to be in a condition to warrant, all at once, a lavish expenditure in subsidising these numerous undertakings, particularly a.s, apart from that, our credit was so heavily pledged towards the building of the Quebec, Montreal, Ottawa, and Occidental Railway. " He very frankly avowed that tliesc grants, though they were for the developiuent of the Province, had been necessitated by |)olitical considerations ; that without them the support of the members whose countic;^ were traversed by those railways would cease to be secured to Govermnent ; that there would be no means of having a majority; that those members formed combinations, ' rings,' to control the House. ** M. De noucherville is not unaware that I thereupon told him that it was better to save the Province than a (Jovernment, and that if his administration was not strong enough to resist those influences it would l)e better for him to form a eombini'-tion of honest and well-meaning men from both sides of the House, ratiier than submit to the dictations of those 'rings," and to the control of thore combinations. " When he made no attempt to escape from that deleterious influence, after his own avowal that the Legislature was controlled by those 'rings,' when, by his legislation, he sought to finour them anew during the last session Vvithout having previously adxised with me. had J not the right, as the representative of my Sovereign, to believe and to be convinced that M. de Boucherville did not possess a constitutional majority in the Legislative Assembly ? " 7th. — In eomnuuiicating to both Houses, my memoranda of the 2.")th February and 1st March last, the premier and Mr. Attorney-(ienerid Angers, in violation of their duty, overstepped the authorisation which 1 had given by my letter of the -4th of March last, for that purpose. They added to that connnunication a report of pretended con- versations, the correctness of which I contest and the impropriety of which 1 maintain. " I shall point out, my Lord, one fact alone to pro\e that incorrectness and that im- propriety ; the Hon. Messrs. De Boucherville and Angers, in their explanations of the two Houses, lay great stress on the telegram which .\Ir. De Bouchcrvillc despatched to me at Riviere Ouelle, to ask my permission to introrluce resolutions concerning the finances, and on the blank signature thai I sent up in answer to it. " But these gentlemen themselves haf the same month. " On the loth of March Mr. Rernatchcz, Ma^or of Moiitmagny, addicsscd to the Lieut. -Ciovernor a memorial setting I'orth the facts, and praying that the appointment be cancelled.'' " On the 15th March the Attorney-General made a report recommending that the appointment of Jules Belangcr be ni;iintained. " On the 27th March the Lieut. -Oovirnor revoked that appointment on a report of the (rovernment." Apiendi.v B. (Trnm/afioH.) " Quebec, March 4th, 1878. " The Lieut. -Governor desires that his two memoranda of tlie "2.")th February, and 1st Marcli, addressed to the Hon. M. Do Bouchcrvillc, anil the answers made to those memoranda by the Hon. ^L De Boucherville (of the 27th Fehru:ii> and 3rd of March) Ik; not now communicated to both Houses. " ' 'ihat communication authorised by the Lieut. -Governor at the request of the Hon. M. l)e Boucherville, should l)e made as M)on as the arrangements for the formation of a new Executive Council are completed. " ' The Hon. M. De Boucherville may communicate to the Houses that the adjournment from day to day is rendered necessary l)y the last-mentioned cause. " ' To the Hon. C. B. De Bouchorville, (Signed) L. Li- nxLiia. " ' Quebec."" ( Tra/is/n/io/i.) " ' YoiR ExcKi.i.KNCv, " 'Quebec, 4th March, IS78. " ' In conformity with your wish, expressed in a letter of to-day's date, I shall withhold until the formation of a new Kxecuti\e Council, the ex[)lanations I was authorised by your Excellency to connnunicate to the Houses. " ' I have, &c. " ' (Signed) C. B. De BoiunEuviLLii.' ' •' ' That on the 3rd April 1878, the Honourable M. De Bcucherville addressed to his Excellency the Governor-General tlie followini; despatch, with an extract of the votes and proceedings of the Legislative Assembly, No. 42, to wit: — *' ' To his Excellency the Bight Ilononible the Eakl ok DnFFERiv, K.P., K.CB., G.C.M.G., Governor-General of Canada. Ottawa. " ' Mv LoRi), " ' Ottawa, April 2nd, 187H. '• ' The explanatory case addressed to your Excellency by his Honour M. Letellier and accompanying the documents and details wliich related to my recent dismissal from office, and by you transmitted to the Senate and Mouse of (.'ommons, containing as it does statements of facts, the accuracy of which I respectfully deny, imposes upon me the duty of submitting for your informal ion and considi niliion rhe following : — ••' As your Excellency is doubtless aware, M. Angers laid upon the table of the Legislative Assembly on the 8th March last, copies of the correspondence and explana- N ;I34, ( • 18 tioiiH by him iniide at iny request relutiiiR to the disniissiil fr»)inotficcorthc' iJo Boucherville Government. "' 'I'liis correspondence ami explanations with Monie coniiiientf. ol hit. own, are con- tained in the copy of the votes and proceedings of th'it House of the !)tli March, iuid r respectfully beg to be permitted to annex them as forming part hereof'. I beg, how(!\ er, to add to these exphinations of M. Angers a few words upon two subjectiJ. viz. : " ' I. In the memorandum which i had the hoiiUir to address to his Honour M. Letellier, under date 2rth February, 1 said : ' Later I had the honour to ask your Ex- ' celiency for a general lu-rmissiou to submit to the Ilou^e measures concerning money ' matters whicli your Excellency gave me with your ordinary courtesy. This per- ' mission, I may say, had always l)een granted me" by your predt cossor, the lamented * M. Caron.' f do not think that the meaning of these phrases is correctly rendered in the paragraph in his Hont)ur's letter to me, under date the 1st of March, wherein he says : — " • It is true that the Premier gives in hi.s letter as one of the reasons tor acting as he did, that this permission of using the nan)e of the repre8entati\ c of the Crown had alwavs been granted him by the predecessor of the present Lieutenatit-Governor the lamented M. Caron.* " ' This reason cannot be one for the Lieutenant-Governor, for in so acting, he would have abdicated his position an representative of the Crown which act neither the Lieutenant- (io\ernor or the Premier could reconcile with the obligation of the Lieutenant-(rovernor of the (.'town. " ' It is manifest that I desire to say, and that, in fact, I did say, that the late M. Caron had given me that authority for money matters onl3'. •' ' ^fy Lord, I respect loo highly the memory of that virtuous and distinguished statesman to allow any such misinterpretation of my meaning to pass unchallenged, by whicli I am made to intimate that the dt '?eased M. Caron had abdicated to me his position as the representative of the Crown. lOvery person who knew the late M. Caron and his high legal and constitutional attainments, will share with me my regretful surprise that avv such imputation should be cast upon his memory. " "-'nd. That, not having kept any memorandum of such conversations as I had with the Lieutenant-Ciovernor. e.vcept those which took place since the "i.jth February last, I have no remarks to make upon the paragiaph, wherein it is stated : — '■ 'The Premier did not let the (iovernor icnou, then or since, that the Government was in such a state of penury as to necessitate special legislation to increase public taxation ; unless it be that this statement does not seem to me to accord with a pre- ceding paragraph, wherein it is stated that the Lieutenant-Goveinor drew my attention to the necessity of reducing the expenses of (Government and of the Legislature, instead of having recourse to new taxes in view of avoiding financial embarrassment. " ' I acknowledge that I never did inform the Governor that the Province was in a state ot penur\ , simply because I was convinced of the contrary. '" ' The Lieutenant-Governor expressed also, but with regret to the Premier, that the orders passed in Council to increase the salaries of Civil Service servants seemed to him inopportune. " ' I'pon this matter I merely desire to remark that these Orders in Couni:ii were authorisetl by a law passed during the session of 1876. " ' I propose now my Lord, to deal with the specific allegations made against me by his Honour Mr. Letellier. in his explanatory case, and for convenience sake, I take the libert\ to quote from His Honour's memorandum: " 1st. During the session of 18/6, a " Bill had been read three times in one of the two branches of the legislature, and only " tx'ice in the other." " ' This Bill bearing all the certificates which were necessary to induce me to believe that it had been regularly passed and adopted was submitted to me by the Premier for my sanction. " ' In consequence of beinir left in ignorance of these facts i)v mv adviseis, f sanctioned the Bill. " ' Not long afterwards I was informed of tlie irregularity, and 1 immediately spoke of it to the Premier; I made the observation that such an act would entail too serious consequences to allow of its being passed over. " ' As a favour to him, however, I passed over this instance of irregular legislation, which was then irreparable. " ' In relation to this, the facts will furnisli a sufficient answer. The Act in question was .1 Bill entitled •. " An Act to autl.orise the formation of .Societies for the improve- IP " mini of ( oiintry i(mf the penalty in the Legislative Council, but the matter passed unperceived, or the officers through some mistake, omitted to insert the amount fixed by the House, or it may iiavc been an error i' the proof sheets. " ' While on the subject of these mistakes, you will find another in the second .section of the same Act, wherein the word amenderis in the infinitive mood. I notice this latter inaccuracy to which I do not attach nuuh importance, only because I discover another in an Act, in which I had to point out to vou an omission which I ccmsider fatal. " ' Yours, &c. " (Signed) L. LETEi.LrErt. " 'The Premier came to me and said that he regretted the omission ; he rt' liaviiii^ all (i(Himu'tit>' ^uljiiiiltcHi to iiit- Uot'orc Mignitig them. " ' I loiivt; you my Lord to jiidfjjo in what iimmu-i my vu-wv wfo iiitcrpretcfl. '• It would Ht'i'iu somewhat rcnmik.il-lc thai u Htntriiuiil to which hi-^ lloiiom iipju'iir!* to iittiich 8o much im|e relating to puhlic businosn. I niay HUy, lu>wevucifi-:«vii,i,K, Quek-c, November 6th, IH77. In the last Opic'tul (lazeth- were published over my signature two proclamations which I had nt)t signed. " ' One was for the suimnoning of Parliament, which I had reserved in order to conler with you; the other, which I did not even sec, appoints a (hiy of thanksgiving. •' • These pntceedijig.>, the nature of which I shall not characterise, are productive, apart from their impropriety, of nullities, which you will easily understand. " Yours truly, '' (Signed) L. Leiei.liku. " ' The Ibllowing are the notes which I took oi the conversation which I had with M. De Uoucherville on the subject :— -M l)e Houcherv ille came on the same day he received the letter, to tell nie that lie regretted that the thin" hud occurred, and that it wa'< no fault of his. I accepted the e.vcuse, ami I then told him that 1 would not tolerate my name being useil when necessary for any duty of niy office, uides;- the documents requiring my signature had been previously submitted to me, and unless information was alfbrded to nie, which M. De Bouehcrville assured rae would be the course followed in future. " (Signed) L. L," " It is a suthcient answer to this complaint to say that the proclamation for the sum- morning of the Legislature for the despatch ol' business was not published until the 24th No\ ember, and it could not, therefore, be that proclamation to which his flonour referred in the htter of the Gih Noveml)er. '["he proclamation to which he refers was the mere formal one by which the meeting of the Legislature is further postponed from time to tiipe, and I am informed that the Order in ( ouncil for the particular proclama- tion to which his Honour referred was signed by him, and is of record, so signed, with the proper officer. *' As to the proclamation fixing a day of thanksgiving, I have to remark that this was the result of a communication from the Premier of Canada, the JIunourable Alexander Mackenzie, to the Lieutcnant-(iovernor, and handed to me by his Honour with the request that I ,> ould carry out the suggestitni. It will appear sulKciently stnuige imder these circumstances that I should be accused of acting without his know- ledge, even if the clerical duty of obtaining his signature had been omitted. I am informed, however^ that in this case also the Order in (.'ouncil, as well as the pioclama- ti'^n, were signed by his Honour, and arc of record, bearing his signature, in the oUicc of the proper ofBeer. •' ()tli. But, my I>ord, there is another point still more important, which I cannot any longer refrain from mentioning. I'^rom tlii' conversations which I have held with M. De BouchiTville there results a fact which, if it were known, would of itself have sufficiently justified me in believing that he did not possess the confidence of the people of this province. " On two occasions, some time time alter the session of lM7t), I pointed out to him that ruilliens had been voted to him to aid railways in general at a 'Ime when our finances did not appear to me in a condition to warrant all at once a lavish expenditure 81 in HiibdidiMiin thi"»e niim'^rouH uiKliihikiiin;, p!ir(iciilurl,y lu iipurt fVom tlint, <>ur cn-dit wn» so Ik .vily pledged towards tfu' Imildirig nf \hr Qiu'licc, Moiitn-nl, Ottawn, and Oividcntnl Hailw«\ . " lie very fhiiikly avo vcd tliat iIiom- grants, tlioiigb flicj,' wno tor tlu' (kvclomm lit of the prn\in(T, liud l)C('n iKCCssitat«'d Ity political coiisidcrafioiis ; tliat without tliciii the «iip|Kirt ol'thi! nu'iiihrrs whtw countii-s were traversed hy tlmsc railways would cease to lu- Mi'ciMvd to (lovenimnit ; tl'at tlinv woiiltl lie no nuatH of h:iving a majority; that the ujcmhcrs I'ornicd conibirmtions — rinj^s — to control I lie IIoiimc. " • M IX: Houchcrville is not unaware that I tlu-rciipoii told him that it wan better to sa/e tin- province than a government, and that if Ins administration was not strong^ enough to rcnist those intltenccs, it would be belter tor him to form a coii\biiiation ot' homst and well-meaning men from both sides of the Ifouse, nitlier thati Hubmit to the dictation t)r those ' rings ' and to the control of those combinntions. " ' When lie made no attempt to CHcape from that deleterious influence, aftir his own avowal that the T.egislaturc was controlled by those 'rings; ' when by his legislation he sought to favour them anew during the last session, wiihou*. having pro iou(.l_) advised with me, had I not the right, as the representative of my Sovereign, to believe and to be convinced that M. i)e Houcherville did not possess a c(m»titutionu1 majority in the Legislative Assembly >" "I have no desire to enter into a discussion as to the precise conversations that may have taken place beween his Honour and myself in the tieciueiil interctmrse which we had together; but I submit as my answer to this most serious imputation, 'that I con- fessed to being controlled by 'rings' in illation to the railway legislation while I was the leader of the Provincial Government, the following facts : — " I took office in IH"'- In the jessioii following a measure was introduced to increase the subsidies granted liy previous legislation to a number of railways ; several amend- ments were moved to the resolutions, all of tluin looking to -lu increase in the grants, and lor these the opposition, under the leadership of Mr. .loly, voted. The general elections took place subseipicnt to that session, and, whether the legislation was good or bud. it was sustained by a very large majority ol the people, and is therefore no longer a proper subject of discussion in tlu; connexion in which his Honour introduced it. At the first session after the elections the Government, at the ic(|uest of the nnmicipalities of INloiitrtal aud Quebec, assumed the task of constructing the North Shore and Nortliern Colonisation railways, now known as the (Quebec, Montreal, Ottawa, and Occidental Railway. Great pressure was brought to bear upon the (Government to increase the subsidies to the other roads at that time, but this pressure was resisted. As a matter of fact it is not true that ' millions have been voted to aid railways in general' at a time when ' our credit w«b st heavily pledged towards the building of the Quebec, Montreal, ' Ottawa, and Occidental Railway.' On the contrary, since our credit became so pledged not one dollar has i)een adiled to the debt or liabilities of the Province on account of those 'railways in general.* " In the session of [Sjd a measure was introduced authorising a portion of the .subsidy on some of these railways from the unbuilt portion, to be used on that which was under construction, to enable them to be carried to particidar points which it was considered important in the public interests should be reached, and a lapsed subsidy of '2(MI,()00 dollars was divided among other roads of a similai class, the Bill passing the Legislature witiiout division. •' In relation to this Act, his Honour M. Letcllier in pi-orogiiing tlie Legislature used the.se words ; ' I trust that the result of your labours will be to give anew impetus to the ' great improvements which have been undertaken in this Province. During the last session this progress of ' doubling up ' of the subsidy was again adopted, but without adding to the public liability This Act was carried through its final stages in the Legislative Council alter the change of Government, and was as.sented to by his Honour the Lieutenant-Governor. " ' 7th. In communicating to both Houses my memoranda ot the 2r>th February and 1st March last, the Premier and Mr. Altorney-G<'iieral .\ngers, in violation of their duty, overstepped the authorisation which I had given by my letter of the lib March last for that piir|)ose. They added to that comnumication a report of pretended con- versations the correctness of which I contest, and the impropriety of which I maintain, vtc." " As this relates to what occurred after the dismissal of the late Government, it can hardly be held to justify that dismissal. It is sutlicicnt to refer to the correspondence, which shows that there Avas no stipulation on my part as to the prcci.se form of explana- tions to be made to the House ; and in view of the fact that we were a dismissed ministry I must claim that we had a duly, not only to ourselves, but to the majority of the repre- "C 3 •i'A •jiiitutiv*" of flu- ppftpU' whoxf jontitlfiu-r wt- niiovrd, to iriikc th« i xjdiiimtiori^ an tiill im r)Milil«'. Ax to Ihf inlrodiution without imthoriHiUioii M -he ruilwiiy uml timitur HilN, roiici'ivfil m\Hi'll ti. have Im« ii lull, iintlioriMtl mid \\u i'X|>liitii»lion"s wliirli I oUcn-d to Ills Honour t)t> \\m point, mid wlin li wctf luicpud h^ liiiii, do no' rcquiir to In- ri'iH-utcd. "To sum up uf\ci the lu.iiiiui ct Iiin lluituur: - •« Iftt I'hiu in «iiit;ral tlii' re. on^Illl•ndlltion^ whirli 1 nmde to niv ('Hl)iiiet did not rcccivf tlif ( oiisidcrnlion whicli in doe Ut tlu rcprfnentiitivr of the frown.' " Am ri'HponMl)lr !iimi»leis wi- coiisidirod it to W our duty to iidvixc his Honour not to 1h' ImiuikI In .Id upon iidviic Ironi liiiii, At fh«' Mimr tiiiio, as i^ !*(cii in tho ciisi' ot the Montinngny couniitlorHhip, wt' win- ditposrd, ns fiir w* posHihif, to pay prupi-r dctciriHT to liiH vu'WH and wisht> "'•ind. That my name 1ms hifii uhciI li) tfit- meniher^ ot tlic (lovrrnim nl in the ••igiiuturo of dociinii-nts which I had never sirn.' "i imvf siinpl^' to say that I know o| no such case, uiiU'ns it leti-rs to thf proclama- tioiisi mentioned in tho ' t'xplanatory casi',' and the answer on that p«iint iH siitKcicntly distinct. " ' Mrd. That a proi lain.ition Niimnioin'ng the Legislature wa^ pjihlished in the " Official (Jazette " without my iK'iiig tdiisulted or informed of it, and before my •tignatiire had been attached thereto.' " No proclamation summoning the Legisiature was Hopuhliflhod without the knowledge and signal ure of his Honour, and the Legislature wa>, in fact, not Humnioned tor the deaputch of busineHH (or nearly three weeks alter his Honour's letter of complaint on the subject. " 4th. That a like proclamation fixing n day of tliankngiving was also publi:)lied under similar ciri'umstuncefl. " '['he thank.sgiving day was fixed at the reijucst of his Honour himself, and the Order in (!oun<'il Hxing it was signed t>y him. " r)th and ii of the tourts of justice, lie tlKJiight proper without my participation, and without advising uie, to propose to both Houses, in legislating for the Quebec, Montreal, Ottawa, and Occidental Railway, to substitute the power of the executive for that of the judiciary. " That without having advised nie, and without having received authorisation of any sort whatever Irom me, the (lovernment of M. De Houcherville proposed to the Legisla- ture a measure of almost general taxation u[)on the ordinary rout i acts and transactions of life, transters of imiik stock, &c., while no message from me had been asked for this subject, nor signed by me to authorise its jivoposition tu the Houses. " In relation to these measures J considered invself authorised by the reply of his Honour to my request for an authorisation for resolutions respecting finances, and my explanations, as is seen by his letter to me, were accepted, and tho Government relieved from all imputation of intentional discourtesy. " 7th. That, after its dismissal, the Government of the late M. De Uouchervillc again failed in its duty by assigning reason.s Ibr the adjournment of the House from day to day ditt'erent from those aj;reed on between my.self and the Pre"iicr, at the risk of prejudicing public opinion against the representative of the Crown." " No re&sons weie assigned by me lor the adjournment of the Legislative (^ouncil, neither the Speaker nor myself being present at any sitting of that House during the crisis, and the reasons assigned by M. Angers for the adjournment of the Legislative Assembly were in these words : — " The Lieutenant-Ciovernor signified his desire that the explanations rsspccting the " dismissal from office of the members of the f^xecutive Council be not given this day, " but only alter a new Cabinet shall have been formed," that reason being substantially that given in the letter of his Honour of the 4t.h March. " 8tli. That at the time of the communication of the causes which rendered necessary the dismissal of the Cabinet, in tlu; explanations which were given by the Premier to the Legislative Council, and by tht .Attorney-General to the Legislative Assembly, both of them referred to pretended conversations which they had no authority whatever to com- municate to the Legislature, since the Premier had, by his answer to the letter of the Lieutenant-Governor of the tth March last, limited his explanations to the communica- tiou to both Houses, of my memoranda of tlie vJnth February and 1st March, and the answers of the Premier of the 27th February and the 2nd and 4th March instant." 9S " Mv letter of th«' 4th Mnroh tnuke* or aci'cptN no such limitHtion, ami, for the reaiion I have itlreuilv stiiffd, I oonsidiMel mvi'K fully juitiHfil in makin^ th*- cxpianalionn that were tiiiulr. "!)tli. 'I'hftt tlnreforo the lulditioiis iind tlu' coinnu-nti iimdf by thv l*rt«iiiiiT iM'f'oiv the lifgiiilHlive Council, and by thf Aftornrv-Cit'iicru' betiiro the LcgiHlutivt- AMHeinl)!), were conlrur\ to the conditionii agreed upon Irttwcon the Lieutenuiit-Ciovfrnm mid the I'reinit'r." " As I htivf stilted, tlicrc were no such conditions ngreed upon l)etwei>n the [jicutAintnt- OoveriHir and niVMcif. " lOth. I'hnt the Premier and his colleague)*, by making use of pretended nriviitc converiations to explain the caut^es iW their (lihrnissal, in contravention lo their tliity to the Crown, ami to what they had picdgeil theiuMelve.s to observe with regard to it, have placed, the i/ieulcnant-fJovernor under the necessity of bringing under the notice of your Kxcellency all the reasons for their dismissal." " The conversations rcpt»rted by me were not ' pretended ' but real, of wliic h note* were taken immediately alter they occurred, and which were necessary to explain (ully the circumstances preceding my dismissal. If they have compelled his Honour to state ' all the reasons lor that dismissal,* 1 venture the opinion that it would have been more respectful to the Legislature, whose coiitidcnce I oijoyed had ' all the reasons been communicated to it. " The observations I have made upon these additional reasons, will, I hone, serve I convince your Kxcellency that they were not such n.s to strengthen the position of tl Licutenant-Ciovernoi to le " I have, Sec. "(Signed) C. B. Dk B .uchebvii.lk, " M. L. That the Senate on the Kith i\pril Irt/H, adopted the following resolution lij a vote of ;<7 against '20 : — Debates of the Senate, pp. '»!).'> and f)7G. — " To resolve, that the messages of hia Kxcellency the (Jovernor deneial of the "Jtlth March and nth .April, be now rend, and that it be resolved that the course adopted by the Licutenant-Ciovernor of the Province of Quebec towards his late Ministry, was at variance wich the constitutional principles upon which ' responsible government should be conducted.' That on the llth April 1^78, the Right Ilonourallc Sir John A. Macdoimid, moved the following resolution before the House of Commons : — Debates of the Commons, p. 1M7S. — *' That Mr. Speaker do not now leave the Chair, but that it be resolved that the recent dismissal by the Kieutenant-dovernor of Quebec of his Ministers was, under the circumstances, unwise and subversive of the position accorded to the advisers of the Crown since the concession of the principle of responsible Government to the British North American Colonies," The then (lovernment opposed the same as inopportune, seeing that the electors of the Province of (Quebec within n few days would pioiiounce its verdict upon the events which made the subject of the above resolution. Here is the verdict pronounced by the Province of (^ucIkc after the ^reneral elections which followed the cou/i (retnt. 'Fhe Legislative Assembly on the llth of June 1878, amended the last paragraph of the resolutions proposed in answer to the speech at the opening of the Session, by adding at the end tliereof the following words : — Exhibit No. 7. — "That this House, while expressing its firm determination to insist on the strictest economy in every branch of the public service, and on the closest super- vision over the expenses of the administration, regrets that the present advisers of his Excellency the Lieutenant-Governor should have persisted in remaining in power without having been supported by the majority of the Lejtjislative Assembly upon their taking office, and without yet being supported b; sucV 'na.)orif,y." That, on the lith June iS7^, the ilonourable Legislative Council adopted the following resolution, by amending the ninth paragraph of the resolutions proposed in answer to the speech at the opening of the Session . — Exhibit No. 8. — " But that this House desires to express anew its regret that his Kxcellency the Lieutenant-Governor was advised to dismiss his Ministers in March lasst, at the time they enjoyed the confidence of both branches of the Legislatuic and of this Province." C < 2i •' That this House is of opinion that iu acting on this advice, dismissing his ministers and appointing a new I'abinet from the ranks of the minority, his Excellency was advised contrary to the recognised principles of responsiVjle government. "That to complete and corroborate the answer made by the Honourable M. De Boucherville to the ' explanatory case ' addressed by the Lieutenant-Governor to his Excellency the Governor General, in which he states: 'That a proclamation sum- moning the Legislature was published iu the Official (iazette without my being con- sulted or informed of it, and before my signature had been attached thereto; that a like proclamation, tixii.g a day of thanksgiving, was also published under similar circumstances.' " Kefc.-ence may \x: made to — Exhibit No. 9, pp- '^ i'»d 4. 1st. An Order in Council, dated the lf)th of November 1877, iind approved bv the Lieutenant-Governor on the '20th, reconunending that a proclamatit>n be prepared and pul)lishcd calling the Legislature for the despatch of business for the I9tli Dcccndjer 1>^77. 2nd. A proclamation, dated ^Srd No\ ember 1x77, regislticd the same day and published ii the Quebec Official Gazette, on the 24th November 1877. It bears the signature of liis honour the Lieutenant-Governor, " L. Letellier." '■' Copy of a report of a Committee of the honourable the ExKrcrivK CocNcii,, dated IDtli November 1877, approved by the Liei rKNANi-GovKUNoH on the 20th November 1>>77 No. ;572. " On the calling together of the Parliament of the Province, — " The Honourable tlie Connuissioner of Agriculture and J'ublic Works, in a memo- randum dated l!)th Novenilicr instan*^ 1877, reconnuends that a proclamation be j)reparec! and publislicd, calling together the Legislature of this Province lor the despatch of business, tor the nineteenth of December eighteen hundred and sevent3--seven. " The Connnittee concurs in this recommendation, and submits it to the approval of the Licutenant-Ciovernor. " Certified. "(Signed) Fiuix Eoui'iKit, " To the Honorable the Provincial Clerk, Evecntive Council, Canada. Secretar\ , &c. Aic."' " Canada. Province of Quebec. L. Lkikllu'ii. •'(L.S.) " VicrouiA, by the (irace of God, of the Cnited Kingdom of Great Britain and Ireland, (^ueen. Defender of the Faith, &c., ixc &c. " To our Beloved aU'l Faithful the Legislative Councillors of the I'rovince of Quebec, and the Members electeil to Lcrve hi the Legislativ(> Assembly of Our said Province, and summoned and called to a Meefing of the T^igislaturc of Our said Province, at Our C'itv ol Qiiebic, on the third day of the month iit' December next, to have been commenced and held — Greeting. Pnocr,.\yiArn)N : " WuKHKAS the Meeting of the Legislature of the Province of Quebec stands pmrogued fo the third day of the month of December next; nevertheless, for certain causes and consideration.-, Wv have thought tit further to ])rorogue the same to Wednesday, the uiueteenth da_, of the month oi' December next, so that neither you, nor any of you, on the said third day of December next, at our said City of Quebec to appear, are to be held and constiained tor \\'c do will that you and each of you and all others in this behalf interested, that on Wednesday, tiie Niiieteenth ■'.ay of the month of December next, at our said (>ity oi' Quebec, personally you be and appear for the d' spatcli of business, to treat, do, act, and lonclude ujion those things wliieli in our Legislature of the Province of Quebec, by the Common ( 'ouneil of ( )ur said Province, iiiav by llie favour of (.'<'n\ be onhnmd. " In te>^timony whereof. We have caused these Our Letters to be made Patent, and the (ireat Seal of Our said Province of Quebec to be hereunto afHxed. \\itness. Our Trusty and Well Beloved, the Honourable Luc i^etellicr de Saint .hist, Lieutenant- Governor of Our said l'ro\ ince ot Quebec. "At Our (Jovcrnment House in Our City of Quebec, m our said Provmet , this 25 twcnty-tliird day of November, in the year of OiirLonI one thousand eight hunfJrcd seventy-seven, and in the forty-first year of Our Keign.' " By comiuand, ■"(Signed) L. H. lli-or, "Clerk of the Crown in Chanccrv, and Exhibit No. J), pp. 4 and 5. — Uefcrencc may also be maiie for tiie same purpoise to Ist. An Order in Council dated the :?()th Oct )ber ls77, and the same (iay approved by the Lieuten!int-(iovernor, recommending that a day of Thanksgiving be fixed for the 22nd of November then next; 2nd. A Trochmiation dated the :5()th October 1877, and published in tlic Quebec Official (inzeftr on the 3rd of November 1877. It also iiears the signature of his Honour the Lieutenant-Ciovernor " L. Letcllier." " Copv of the Report of a Committee of the Honourable the l^xecutive Council, dated .'Wth October 1877, approved by the Lieiitenant-Guvernor on thc3(»th October I877. " (No. 348.) " ''J'he Honourable the Commissioner of Agriculture a'.d I'ublic Works, in a Keport dattnl 30th October instant, 1877, sets forth that Divine i'rovideiice having protected this Province from the calamities which att'ect other nations, and favoured this coiuitrv with an abundant harvest ; "That it is the duty of the inhabitants of this Province to recognise by |(.;l)lic Thanksgiving that all good comes from (Jod, and the earth would be sterile without the assistance of His Divine Will ; 'The Honourable Commissioner therefore rcconuneiids that a Proclamation l)c issued by his I'lxccllcncy the LieutLMianl-Ciovernor making tiic tweniy-secoiul of November next a day of Thanksgiviig to the Almighty, to thank Him for having protected cur hearts froiu cahunity, and for having blessid the labours of the people ot this Province by granting to it an abundant harvest. " The Committee concurs in the above Keport, and submits it to the approval ol the Lieuicnant-Governor. " Certified. " (Signed) l''i.i,ix l-'oicrii k, " To the Hcmourable the Provincial Secretary, " Clerk, K\ccuti\c ('ouncil. &c. &c. &c." " Canada, Province of Quebec. " (L.S.) I.. 1 I'.TKI.r.IKIt. " ViCToiUA, by the Grace of (lod of the United Kingdom of Groat Ibitaiii and Ireland, Queen, Defender of the Faith, \c. \c. i^c. " To all to whom these presents shall come, or to whom the same may conccri; — Greeting; " A Puocr.AMArioN, WuKiucAs the .\hnighty has been pleased in His divine goodness to avert from Our Province the calamities wliicli alllict other " A. U. Anoeus, Attorney-Cu-neral nations, and to bless this country with an abundant harvest ; and wlureas it is the duty of the inhabitants of Our said Pr>vince to return public thanks to Divinr Providence for sucli a signal favour ; " Now know Ye, that by and with the .ulvice and consent of tlic Kxeiutivc ('ouncil of Our I'rovince of (Quebec, We have fixed and appointed, and do liereiiy fix and appouii Thursday, the 'I'wenty -second lay of Novenibir next, as a day ot' I'uiilir Thauksgiviuy, to return thanks to the Almigl^ty for thefavoms which he has been pleased to grant to the iidiabitants of Our sidd Province; " Of all which our loving subjects, and all others wliom these presents ma) concern, are hereby recpiircd to take notice and to govern themselves accordingly. " In testimony whereof, We have caused these t)ur Letters to be made Patent . and the (ilreat Seal of Our said Prt)vince of Quebec to be hereunto atlixcd; witness, Our trusty and well-beloved the Honourable Luc Letcllier de Saint .lust, Lieutenant-Ciover- nor of the Province of Quebec ; N X\4. D 26 " At Our Government House, in Our City of Qiieliee, in Our said Province of Qiiebee, tliis Thirtietli (lay of October, in the "year of Onr Lord One thousand eight hundred and seventy-seven, in the Forty-tirst year of Our reijrn. " liy eonunand, " (Signed) Ph. .1. Joi.icaci ii, " AssiHtant Seeretary." These four documents were copied from the originals, and laid before; the House by the present Government of Quebec. Exhibit No. 5, p. !). — Seeing the facts established by them, it is impossible to explain how his Honour the Lieiitenant-tiovernor can liave stated with accuracy, in an official despatch to his Kxcellency ihe (iovernoi-General, " that a Procianiation svunnuming the " Legislature, and published in the ()J]icinl (jnzrlfv,, without my being consulted or in- •' formed of it, and before my signature had been attached thereto, that a like Procla- " niation fixing a day of Tliank^giving wa^ ;dso publi>hed, under similar circumstances." The Order in Council ajiproved on the 'iOth November 1H77, shows that the Lieu- tenant-Governor WHS consulted and informed concerning the calling of the Legislature, and the original Proclamation dated 2.3rd November 1x77 bears his signature, " L. Letellier," as shown by the copy laid before the House by the present Ciovernment. The Order in Council approved on the 30th October 1877, shows also that the Lieu- tenant-Governor was consulted and iidbmied concerning the day of Thanksgiving, and the original Proclamation, dated IJOth October 1877, bears his s-ignature " J>. Letellier," as shown by the copy laid before flie House by the present (iovermnent. All the documents above referred to aie authentic, and are contained partly in votes and proceeilings of the Senate and of the House of Commons of Canada, and in the sessional papers, and partly in the votes and proeeedings of the Legislative Council and Legislative Assembly of Ouebec, official copies thereof are hereunto annexed. From the foregoing, it, results that the dismissal from office, by his honour the Lieutenant-Governor of (Quebec, ()f the De Bouchei vllle Government was, under the circumstances, unjustiliable, unwise, .md subversive of the position accorded to the advisers of the Crown since the concession of the principle of responsible govern- ment to the Hrilish North American Colonies; and that in his cummiuiications with his Ivxcellency the Govemor-(Jeneral, respecting the aforesaid dismissal, and the reasons which he alleges as having moved him to make such dismissal, he has made statements unsupported by, and contradictory of, the official documents to which they relate. .And that in the opinion of the undersigned, such erroneous statements as appear from the ftnvgoing details, coidd not have been made by mistake or failure of memory. Wheretor<', the violation of the prnicipks of responsible government conuiiitted ' by the Lieutenant-Ciovernor, and his actions as above represented, are of a nature to imperil the ]ieace and prosperity ot the n.miinion of Canada, and to bring into disrespect the dii^nity ot the Crown, and should be dealt with under the authority granted the Honourable the Privy Council of Canaila by the .j9th section of the British North America Act, 1867- And vour Petitioners, as in duty hound, will ever pray. (Signed) H, ( 'iiAri,i;,vr, lUuiOLKS Cm KCH. Montreal, 7tli November 1878. A. R. A\(iEiis. List of Exutnirs. No. I . — Voles and I'roeecdings of the Legislative Assembly of the Province of Quebec, 8tli March 187,s, No. 2,— Journals of the Legislative Coune'il, Sth March 187«. Xo. 3. — Votes and I'meeedings o( the Legislative .\ssembly. Province of (^nebce, 9th March ]87'"^. No. 4. — Votes and Proceedings of the Legislative Assembly, Province of Quebec, 7th March 1^7'^. No. Tj. — Message from his l.xcellency the (>ov('rnor-(jeiieral to the Senate and House of Commons, 22nd and 2flth March 1878. 27 No. 6. — Message from his Excellency the Governor- Generi'l to the House of Com- mons, Hth April 1S78- No. 7- — Votes and Proceedings of the Legislative Assembly of tlie Province of Qiu-hee, 1 1th June lM7h. No. 8. — Journals of the Legislative Council, I4th June 1^78. No. 9. — Keturn to an Addre8.s of the Legislative Assembly. LrEllTENANT-GoVERNOn's AnSWER tO PETITION. SiH, Government House. Quebec, Deccmhcr 9. 1878. 1 UAVP had imder consideration Mr. Under Secretary's letter of the 2-ind ultimo, transmitting- the copy of a memorial from Messrs. ('haplcau, Church, and Angers, repre- senting that I had made statements to his Excellency the Govcrnor-Cjcneral " unsupported " by and contradictory of the official documents co which they relate ; that such erroneous " statements could not have l)een made by mistake or failinv of memory, and further " representing that the violation of the principles of responsible government committed by " the Lieutenant-Governor, and I'.is actions as above reprcseiired, should be dealt with " under the authority granted the honourable the Pri\y Council of Canada by the .i9th " section of the British North America Act, 18fi7." Before replying to the very serious charges jireferred against me hy three members of the late Executive Council of the Province of Quebec, I mu^t call your attention to a very extraordinary eiTor committed by the memoralists, all of whom arc members of the legal profession, and one of them an ex-attorney -general. In the 59th section of the British North America Act there is no reference to the Pri\y Council, which is not even named in that section. It declares that the Lieutenant-Governor sliall hold Othce " during the j)leasure of the Governor-General," whose office and position are wholly ignored by the memoralists — a cncumstance which I notice, chiefly l)ecause it is in strict accordance with the practice whicli they followed as executise councillors towards the Lieutenant-Governor of Quebec. The charges preferred against me are, 1st. a siolation of the principles of responsible government ; "ind, erroneous statcniLuts willfully made. With regard to the first charge, I iiave to state that I have always understood that respnnsihie or parliament:iry government, in the same sen<'c in which it is undeisto.jd in England and in the aihninistration of the atfairs of the Dominion, was al-io the rule in the jirovince of Quebec. Notwithstanding the wide difl'erencc between the powers of the Imperial I'arliamcnt, of the Dominion Pariiament, and of the Provincial Legislatures, the principles on which the government of eacli is conducted are considered the same. As whe representative of the Crown in the Province of Quebec I claim the right to be consulted on all matters on whicli it is necessary that tlu influence of the Crown should be used. The right of consultation has liecn repeatedly acknowledged by Engli.sh statesmen of all parties, as well as I13' the bcht writers on constitutional law. Although I deem it imnecessary to refer to precedents in support of my views on the questitni, yet I may state that I have been assured on unipic.->tionable authority that during the government of the I'larl of Elgin, who miliated the syslein of responsible government in (,'anada, his ministers were most scrupulous in consulting him on every question that arose, whether of administration or legislation. I shall venture to assume that in claiming for the Lieutenant-Governor of the Province of Quebec the right tr bo consulted by his executivf council, which by the 6:ird clause of the British North America .Vet is to be composed of such persons as " the Lientenant- " (iovernor fiom time to time thmks fit." I am strictly clainting what the (iovernor- (Jeneral woidd claim in regartl to Dominion affairs, and what our Most Ciracious .Sovereign would claim with regard to (jucstions of hn|)LMial character. I shall proceed to C(msider the application of the principli' to the circmuslancc.-' which led to the dismissal of the Hon. M. Dc Boucherville. ■ It will not, 1 presume, be disputed th it no measures of greater importance were intri>- duced ilurmg the tirst session of 1 87>< than tiic Bill imposing new taxes and the Bill relating to the Quebec, Montreal, Otfawa, and Occidental Railway. D 2 28 It appears in the docur.cnts iiccoinpaiiyin >; tlic memorial that I never was consulted on cither of these import luit, iiieaMures. lias my positive asscitioii heoii denied? The contention ot the lion. M. Ue Boueherville is "that I ought to have read the " treasurer's l)U(li;et speech, in which he announced the proposed taxes," and my reply is that " I ^slluuld lijve luen consulted " hefbre the delivery of that speech ! Ill regard to the Railway Bill, the Hon. M. l)e Boueherville contends that a telegram addressed to me during a l)riof absence at lliviore Ouelle, in which he asked my authority " to put the ([uestion of finance before the House," and in accordance with which I sent my signature to my private secretary for the message to accompany the estimates, was an adc(|uato consultation on a railway bill which contained provisions substituting to the judiciary the Lieutenant-(iovernor in Council, as a tribimalto decide as to the liability of numicipalities for the payment of money which they disputed. I lo-utlirm in the most unecpiivocal terms that 1 never was consulted either as to the proposed new taxes or as to the railway bill : and with regard to tht latter measure the Hon. .M. De Boueherville was fully aware, from what I said to hin) when the Montmagny case was under deliberation, that I had insuperable objections to the substitution ol' the executive authority for the legal tribunals of the province. I may here notice a remarkable discrepancy between the .statements of the Hon. M. I)e Boueherville and those of Mr. .\ngers, which could hardly have been unintentional on the part of the latter, who desired to ctmvey the idea that I had given the Hon. M. I)e Boueherville full authority to introduce in the name of the (Tovernment all such bills as he anil his colleagues might think proper. In the conversation which took place on the l!)th I'ehruury, about three weeks after the introduiHiou of the railway measure, the Hon. M. I)e Boueherville alleges that I gave him "authorisation generally to lay money quea- " tiims before the House," and adds " I considered 1 had a right to inform my colleagues '• that I had your permission for all questions respecting money." Such a permission would have been wholly inconsistent with my repeated requests that everything should be submitted to me. But Mr. .Angers, in order to cover the railway bill, changes the Hon. .M. De Houcherville's language from "questions respecting money" to "all " measures which the public service rcvjuired." It is contended by those who are responsible for the omission to consult me at the proiHT time, that 1 ought to have notiiied them that I objected to their Bill at an earlier period. I was placed in a po-;ition of great embarrassment, owing to the Hon. M. De Boucher- ville's reticence on the subjecl of the (Government measures, and to the concealment tiom me of the petitions against tlic Bill, which I only had cognizance of after my request for information on tlie '2.")th oi February. When, in addition to the various reasons already given, I found that there M'as a strung objection to the Government measure on the part of the municipalities interested, I came to the conclusion thai it would i)e most unwise to siinctiou such legislation, and that the removal of the Hon. M. De Boueherville as Premier was rendered necessarv. It has been made a subject of complaint by the Legislative Assembly, that 1 did not send for a member ot tlie party in the majority of the existing House to form a new admii'istratiou ; but on reference to the documents accompanying the memorial, it will appear that I requested the Hon. M. De Boueherville to name the person for whom 1 slioidd send, and that he declined to advise me. I'nder the circumstances, I contend that in sending tor the leader of the Opposition, I followed the constitutional practice. 'riie Hon. M. De Boueherville was the acknowledged leader of the party conunanding the majoiily in the Legislature ; but he had, in my judgment, failed in his duty to me as Lieuteiiant-Ciovernor, and had in consetjuence forleited my confidence. j'o him chiefly 1 objected, and if proof were wanted that my judgment was in accordance with jmblic opinion, it is only necessarv for me to state that I have been assured, un authority on which I can rely, that at a meeting of the members of the party which supported the Hon. M. De Boueherville, M. Chapleau, whose signature stands first to the memorial, was eho.scn leader of the party, so that the correctness of my judgment has been uckuowledged by the members of his own pfU'ty. Before closing this branch of tiie complaint of the memorialists, 1 may refer to their allegation tlui' the appeal to the country, made on the advice of my present Council, was unsucct'^sful. In support of that allegation they furnish a copy of a resolution adopted by a majority of one, when the House was not full, concealing the fact that the following resolution 20 WHS iinmcdiatply adopted in ii full IIousl' as an utnenl ri'iit. and an addition to the one alludi'd t(i by the memorialists : "That ncvcithcless under the present circumstances, '• this House beliexcF it to be its duty to give a geDcral and iiulepemleiit support to the • Government, in such a manner thai, the measures which it proposes m;iy be submitted " to the j'.idfj;niei!t of this House." They do not mention that out of the Hvoelective mc nbi-rs of ihe II )n. M. I)e Moucher- ville's Cabinet, three fiiiled to secure their return to tlu- Mouse of Assembly, iind that a considerable number of their supporters shared the s:ii!i:> fate, while tlie Hon. M. Joly and his five colleagues in the Assembly were returned. I may also add that all the measures introduced by the Government were adopted by the Legislative Assembly. Although I have thought it right to notice this i)rancli of the complaint, yet it is obviously not one affecting me personally. I'he dissolution was resorted to in strict accordance with constitutional practice, and the pr.'.sciit ('al)inet cm only hold office while enabled by the Legislature to carry on the public business. With regard to the sec lid head of the complaint of the memorialists, I may observe that my letter to the Governor-General of the 18th March 1H7H, has been by luimbers misunderstood. It has been assumed that m}' object, in that letter, was to jircfer new charges against the Hon. M. I)e Boucherville and his colleagues, on whicii to justily his dismissal. Such was far from being my intention. I conceived that in accor.lMncc with the |)racticc followed by the (iovernnr-Cieneral, who comnumicates freely and fully with the Imperial authorities on all subject of interest, it was my duty, especially after the unauthorised statement made by M. Angers, in the House of Assembly, to apprise the Governor- (Jeneral of all important circumstances preceding the dismissal of the Hon. M. l)c Boucherville. The statement of M. Angers is defended by M. I)e Houcherville, although in my letter of the 4th March I dcHneJ, in the most precise manner, tlie documents which were to be communicated to the House. As I had never seen M. Angers' memorandum I could not have permitted it to be conmiunicatcd, and it is not denied that permission was necessary in order to justify the explanations. I may observe that neither the Hon. M. i)e Boucherville, nor the memorialists, .seem to have appreciated my objections to their first communication to the Hou^e of Assembly, which, in my letter to the Governor-Cieneral, I rcferre.l to as dilferent from what was agreed on between the Hon. M. De Boucherville and myself. It will be found, on reference to the papers, that when the Hon. M. J)c Boucherville, on the 2nd March, asked permission to give cvplnnations, he expressly refeifcd to "the " memorandum of the Lieutenant-Governor, and his replies thereto," the same documents to wiiicli 1 referred in my letter of the Itli March. On the "ind, I requested the Hon. M. De Boucherville, verl):illy, to delay the explana- tions, but, on the 1th, I a(hiressed a letter to him, recpicsting him to communicate to the Houses that the adjournment f'lom day to day was remUied necessary owing to the arrangenicnts for the formation of a new Lxecutive not haviiiiv been compl.ted. I consider that I had just ground of complaint that M. Angers in making that com- munication an.ionnced that the .Ministry had l)cen dismisseil ; tho conseipieiu'C of which was that a prejudice was created against me, se\'eral days before the various documents could be laid before the House. With regai'd to the two Bills in which irregularities had occurred, the Hon. M. ])e lk)uclierville confirms the accuracy of my statements regarding them. If the Montmagny ease was referred to by me in my letter to the Karl of Dull'erin, it was in order to establish the fact that the Hon. .M. l)e Boucliervilli^ was fully co^■ni>^ant of my strong objection to any acts tending to .-ub.stitute e\ecnti\e for judicial |)ower, and that he theicfore ought not to have introduced the provisions in the Jlailway Bill, sub- stituting the Lieutenant-Governor in Council for the legal tribunals, without consulting me specially on the point. The proclamations which were published in the •'OHicial Gazette" without my signature were referred to in order to establish the fact that 1 had specially called the Hon. M. De Boucherville's attention to the irregularity of .such proceedings, and that he had therefore no excuse for using my name without my special sanction. Da" 80 The Hon. M. l)i' HoticluTvilli.' in allei^in^r that the two proclamations rnentioneil in my ineiiioiiuuUim weit- higru-d, omitting iit the same time to stato when, has endeavoured to create an in)prissioM that my Htiitenient is incorrect; I must re-at!irm m_> previous statement, tint Ixitli the procluiiiations referred to " were published with my signature in " the ■ Orticial (iazetle ' licfbri' my signature thereto was given." In liolh ca.ses I signed the proclamations after their publication, so as to prevent any irregularity, lait I remonstrated at once with the H(m, M. I)e Roucherville verbally, and in a letter, dated (ilh November, lie expressed to mc his regret at the occurrtmco, &c., \'C. I refern.'d to these iircgularities merely to prove that I had taken all possible means to convey to the lion. M. l)c Houcherville my desire that my name should not be us:ed without my express permis.sion. While referring to these proclamation-* I may observe, that l)y introducing words never used by me, viz., " for the despatch of b".siness," the Hon. M. De Ikuicherville has en- deavoured to convey the idea that I rel'orred to the ])roclumation summoning Parliament "f(ir the despatch of business," whereas it was what he terms " the mere formal one " on which I desired *.o contier with him, before the prochunation was published. My attention having been drawn by my private secretary to the fact that these proclamation^ had been published before the original proclamations were signed, I sent my letter of the Gth November to the Hon. M. De Boucliervlle, who came at once to my oHiee, where my private secretary brought a copy of the " Official Gazetti/io/i.) Department of the Secretary of State, Sir, " November -22, I H7M. 1 AM instructed to transmit to you the enclosed 'opy oi a pt'litiDii of the Hon. Messrs. .1. A. Cliapleau, L, U. ( hurch, and A. \\. Angers, dated 17th November instant, and to reijueHt you to be good enoiiyh to transmit your remarks thereupon to the Departraeut, I have, &c. His Hciour (Signed) Enot\nD .1. I.ANf.i'viN, The Lieutenant-Governor oi' t\\c Province Under Secretary of State, of Qutlfcc, Quebec. Reply ok I'kihionkiis. Canada, Province of Qiichec, To his Excellency the Right Hon. Sir John Douglas Sutherland C;im|)l)cli, Mare,uis of Lome, one of lier Nrajesty's most honourable I'rivy Couni.il, Knight, of the most ancient and most noble Order of the Thistle, and Knight Cirand Cross of tlie most distinguished Order of St. Miclia 1 and St, (ieorge, A:c.,(tec., &c., in Council. JosKi'H .'VuoM'iiK Chaii.eai , LKVf l?r(.fii,i;8 Cnr'itrn, and Ait.i sii, Rkal .'\Mii;ns, by this their reply to the answer of the Lieuteniuit-Governor of Quebec, by them received 'lis J8th day of Decend)er instant, to their j)etition, conmunu'eated to liini by bis Excellency the Administrator in Council, on the '22nd day of November last, respectfully say — That the Lieutenant-Governors plea to the jurisdiction of the (iovernor-General in Council on that subject-matter of the petition of the undersigned, is not well founded. It docs not appear to the undersigned that there is any mccssity to demonstrate that (lie petitioners had the right to petition the Ciovt-rnor-t icneral in Council in this matter, and to conclude praying the llonouiable the Privy Council to ap|)l\ the provisions of the oDth section of the British North America Act of 1M(!7 to the liieiitenant-Governor of Quebec : — " When it is necessary (hat the authority of the ('rown siiould be exiTciscd in public acts of governnuMii a I'rivy Cnuncil is convened, from whence Ordcis in Council and proclamations are pronmlgatcd." 'I^odd, \ ol. 1, page 'JMi, oi 1S(,)7. This interpretation of the British North Ameiican Act of lS(i7 has been universallv accepted, viz., that whenever the statute en;icts that tfie G<>vcrnor-General shall do anything, it has always been understood to mean the (rovenior-Civncral in Council ; flic language of section 5}) is in that respect identical with that of sections 21, 2(), .'V2, .'U, and 96, concerning the appointment of judges and senators; and the lUKlersigned have yet to learn that any one has seriously contended that such powers were e.\erci>e(l bv his Excellency individually and without the advice oi' his Council ; and, nioreoviT, tho provision of section ")9, which imposes the necessity of coneiiunicating the cause assigned for the removal of a Lientenant-(}overnor to the Senate and House of Conunoiis (to which the (iovern()r-(iencral is not ])ersonally responsible), siiows that the act is not a personal one and done without the advice of his Cnuncil. Moreover, the Lieutenant-(iovernor, in objecting to the jurisdiction of the Governor in Council, luis, at the same time, undcscrvedl}' imputed motive's to the undersigned by stating that the " memoriali^ts had wholl\ ignored tlie oHice and position ot tiie " Governor-Cicneral. a circumstance which he said he cliicHy noticed, because it was in " aecordiuice with the practice which they followed as i'.xecutive councillors towards " the Lieutenant-Governor." It will appear strange that the Lieutenant-Governor should have indulged in these comments, when in his own letter ot tlit> 1st March .1878, to the- Honourable M. De Uouclierville, referring to Messrs. Augers and Ctmrch, D 1 32 he ailmits tliat " those gentlemen had done notliiiij^ willingly not in conformity with the •' linties of their office." 'I'he unilersigncd can only protect against such insinuationH against their loyalty and devotion to the (!rown and the Heprcfentatixe of the Sovereign, whilst they resent, the unfair and untrue suggestions of the motives which it is clanned actuated them. The ability of his Hoinxu', Mr. l.etcllier, to interpret tin (\)nstitutional Act may he judged of by the niamier in which he has dealt with the question of jurisdiction. The whole question raised by the Licutenant-Ciovernor to justify the dismissal of his niini-*. Dealing with that part of the Lieutenant-Governor's answer which bears upon one of the charges contained in the petition, and in which he states, in contradiction to otlicial and authenlic documents, that lie signed the pruclainations ref(.'ried to "after their publication," the undersigned npresent that tlr explanation is of no value, it cannot be received to contradict authentic documents i.nd is of no value in presence of the facts established by the |)roelamations bearing his signature and the dates at which they were signed ; it is difhcult to understand how the Lieutenant-Ciovernor can bear evidence against his own signature and expect that his statement upon the point can be credited, and it is to be noted that such statement was omitted in the I.ieuteiiant-Gover- nor s despatch to the late (iovernor (ieneral, the Karl of Duth'iin. To disprove his expressions of confidence in Mr. I)e Rouciu'r\ ille in sending him a blank siyned in answer to a demand of authorization to introduce •' resolutions respecting finant'es," the Lieuteiiant-(iovernor now states that this blank was sent to his private secretary. 'I'his statement is inaccurate ; it was sent to the. honourable Mr. De Huuclier- ville, as admitted by the Lieutenant-CJovcrnor in his letter of the 1st day of March la.t. In proof of the fact that the day of thanksgiving was appointed after consulting with the Iiieutciiant-( iovernor, as shown by the Order in Council previously approved by him, and niereover, at his special request, the undersigned refer to the letter of the Hoii. 'M\ Mr. Mackenzie to the LictitcM-.ant-CidVcrnor on the subject, wliidi miiy he foiiiul at Ottuwii. The charge of conrealment from the Lieiiteiiant-Ciovenior of petitions ngiiinst the Uuilwfty Bill is a new one ; it is gnituitous and iniHiipporteil hy any evulenee j tiiey had not 'ocen laid 21 hours hefore tiie KxcciitiNC Couneil when tliey were connnunieuted to the Lieutcnant-(iovcinor. The Lieutenant-Ciovernor states again that the explanations given l)y Mr. Angers to tlie House were iniauthoriscd. In refutation, and tu make this point clear, it is only necessary to refer to Mr. l)e Houcherville's statement in which he attirms he was verbally authorised to conniiunicate to the House the correspondence exchanged between him and the Lieiitenant-Cjovernor, and to give explanations, and also to the written answer m.idc by Mr. l)e Houeherville to the Lieutenant-Governor's letter on the 1th day of March last. Referring to what the Lieutenant-Governor ca'!;) discrepancies between the statements of the Hon. Mr. Dc Houchervillc and those of Mr. Angers by simply reading the hitter's explanations to the Legislative Assembly tlu-y show that he did not cjuote the lion. Mr. l)e Boncherville, but gave what was understood to be the extent of the authorisation which Mr. Do noucherville had from the I.,icutenant-(iovernor. In relation to the fact whether Mr. I)e Roiicherville's afalenient corroborates the alle- gation of the Lieutenant-(iovernor on the two Ihlls in which inaccuracies had occurred, reference may be had to Mr. I)e Houcherville's letter of the iind April last, to the Govcrnor-Cieneral. It completely disproves the allegation that Mr. I)i' iioucherville requested the Lieutenant- (iovernor to give his sanction to tiie liill to provide for the safety of the pid)lic in theatres, &c., in the state in which it was; " th; conciliatory spirit which I showed," .said the Lieutenant-Governor, " in granting my consent seenjed to please him." This statement is shown to be erroneous by the .Statute Hook of 1H7(), cap. 20, amending cap. !{), and there was no occasion for the |)retended consent to pass the liill in the state in which it was "nor fur the satisfaction of .Mr. l)c Houchervillc at the pre- tended " conciliatory spirit of the Licutenant-(jovernor. The allegation that the Lieiitenant-(jovcriu)r passed over the instance of irregular legislation in the case of a Hill to authorise the formation of .Societies for the improve- ment of countr} roads, &c , is also completely explained in the same letter of Mr. l)e Houchervillc of the 2nd April last. lU'ference n)ight be made to the rcjiorts ot the Attorncy-(iencral of Quebec and of the Honourable the .Minister of Justice on this subject, and then it will appear most strange that the Lieutenant-(iovernor should say; *' as a favour to him (Mr. Dc Houeherville) I passed over this instance of irregular ■ ' legislation which was then irreparable." The constant reference made by the Lieutenant-Governor to the .Montmagny case may require once for all the remark that there never was m this case, I'r in any other, the intentions to substitute the actitm of the executive to that of the judiciary, and that tlu' Government in this matter acted in strict accordance with the law.'as shown l)y the report of Mr. Angers, dated l.'jth March ls77 (i''''A; return to Legi-dative .Assembly, p. 12). But in this instance the apiilication of the law did not suit the views of the [)arty opposing the (iovernment, and they corresponded with the Licutenant-Cjovcnior not us is required by constitutional practice through his ministers, but with liim personally {rii/c same return, p. IG), th.ereby delivering himself over to "xtcrnal and irrcs])onsil)le ailvisers, and they prevailed upon him to cancel the appointment of.lules lUlanger, made by himself upon the advice of his minister, to wliich cancellation the (Jovcrnment seeing the persistency of the Lieutenant-Governor on the subject, in opposition to the Attorney-General's report, acquiesced out ol' deference to the Licutenant-fiovcrnor, and so stated to him at the time such aciiuiesecnce was made. The Lieutenant-Governor, attempting to olfer a justification for neglecting to accept the protest of the majority of the House, dcclarmg that it had not and could not have any confi.!<;nce in any CJovernment which might be formed out of ihc parly eompo^im; the nnijorit .■ says that M. Dc Boncherville after his dismissal ha I declined to advise him on the pcrs(m for whom he should send. It is plain that M. Dc Bo'icherville 1)eing dismis.sed could not offer any advice. It is ea.sy to foicsee of what little importance M. De Bouclurville's .idvicc would have been when the advice and protest of the House on the subject, expressed in its address, ilid not present the Lieuteiiant-Cio\crnor tiom seeking his advisers in the ranks of the minority, which fact entailed the neces.'-ity and expense to the province of a dissolution. N 334 |,', M Tlu' I/u'uttnant-(iovn-nor Niiys : '"I have been sinsun-*! on nutliority on wliich I oiin rely that at a imu'tiiiL> of tlu' iticmlHTs oftlic party wliicli siip|i<)it<'i^iiatiirc MtaiuN lirst to tlie uicmnrial, was chosen U-mU-r of the party, so that the corrc'ctiiCHs of my jii(lt;iiK'nt liMH been acknowledged by the members of his own party." Afh'r tlir {j;iMirral elections it was necessary tlmt the (Conservative party should elioose ft leader in the Legislative Asseiidily, M. De Moiicherville beiii;; leaner and member "f the lA'ffislative f'onncil. This was done at a private caiieuH of the parly, but the nnder- signed entirely tail to see what this had to do with, or in wluit way it sustains, the cor- rectness of the lJi'Utenant-(i(>verni)r's jiidu;ni(nt. The Lientcnant-Oovernor lays great stresH on the fact that at the general elections of the 1st, of Nfay last bis Ministry was sustained by a majority, and that the said majority supported him in the House. 'I'hal reason mi^dlt perhaps be invoked by the < 'obinet of Mr. .b)ly, and even then the Knf."lish precedents ought to have convinced him that a ministry sustained by the vote of the Speaker alone, chosen and elected by nunisterial influence, is not considered as Imviiig a constitutional majority in the pariiiimcntary acceptation of the term. Only lately her Majesty refused to give her sanction to Acts ])assed in a Hritisb colony, where they had l)een carrii'd by the preponderating vote of the Speaker, and in the present case the wi'll known fiicts in coiuiexion with the election of the Speaker of the 1 louse are hardly of a nature to increase the importance of his vote. The resolution passed at flic last Session censuring the formation of the new Covern- niiMil taken from tlic ranks of the minority, had a pecidiar signification luider the eircuni- stances. In decreeing a dissolution of the Legislature, the Lieutenant-Governor had himself declared that he desired to know in a more constitutional manner the sentiments of the people of this province on the actual state of pul)lic atf lirs, and on the nunisterial changes which had jiisi i;ikcn place. The l'"irsl Minister had also ()|)ened the electoral campaign by !i"i apjieal to the electors of the ])ro\ince. in which he solicited their approbation of the course adopted on the "Jnd of March. The majority of the members of the Legislative Assembly coni' hi"* MIiiistfi>t of Jmviiiu ai-ttd llii'oir^li fordid motivrs or in any dIIici rr]irrh('tisil)l(' v/ny, tniiiistcn'al rcxponsihility wmilil Iti' no iii(»re. Such an net from ii con-il.it lit ional iiuinnrcli woilil Ik. a violntion of tlic tiindHincntal iiiincipIiN of r('s|ionsil)lc gow, Mincnt, iiiid would I .spoMc liiiii to dHnLjcroiis contlirts willi tii^ I'lirlianu-nl. How iiiiuli more 8o does* sncli tin act liy ii pidilic oHiccr wliu is ict^poiisililc to u liiglicr uutliority deserve reproof mid punishnient '" The Liciiteiiant-(iovemor, aller a.->.siiiiiiii;^ lii.s olliee, as he ndinits himself, gels persiiiided that ministerial n\u\ admiiiistralive (haii;;e8 have iicconie necciHary, and detenniia-s to use tin- infliieiiee attachi'd to lii.-i position to realise wliat lie deems lo l)e to the 1k>1 iirlv. intake oC Uk I'lmiiice. Tlie I'liiiie Minister, acting; in aeeordance with the wishes of a huge majority ot thu national iepre>entalion, follows u policy which does not comniend itself to the personal opinionn of the Lieuteiiiuil-Ciovernor. Iininediiitciy the l.ieutcnaiit-Ooveriioi takes tor niistnist or insubordination what was simply the respect for the peoph's will. The most iiisigiiitieani details me circfnlly eriticis( d, coiilidenlial convcrsalioiis are secretly noted, involnntaiy mistakes of the employes arc charged as grave errors of administration. l^ustl\ , taking' advantage of tiie contidi ncc which his rrime Minister luid placed in him, and the good liiitli with which he inter|)reted his words and acts, lu- knowingly allows the vote to he taken in both IIoiisi's on measures introduced hv his Cabinet, and then snddenl) thwarts and arrests that legislation. He respects neitlier the decisions of b')th Hoihcs n-garding these measures nor the coniidencc of the Houses in his Ministry, nor the energetic protestalioiis of both branches of the Legislature cliiming the free exercise of representative government. He dismisses his Ministers and brnscpiely dissolves Parliament. 'riicii, to explain his conduct, the Lieutenant-(iovernor fi)rwaids to his K.Kccllenc.y Lord Dud'erin his memorandum dated the 18th of March, which alone, we humbly submit, would be enough to juBtify tlie dismissal of the Lieutenaiit-Govi'rnor. in that factum, under the pietence of ilefeiidiiig the preri)gMtive oi the (.'lowii, the Lieulenaiit- (iov(!rnor divulges, in misconstruing them, certain acts and eonlidential conversations the secret of which is considered as sacred by the Sovereign himself. The Honourable Mr. Dc I?ouchcrville, in his letter to his IvNcellency, iias replied to the said factum, and the undersigned think they ha\e complet'Jil that answer by their present rcjoiiidi r. Among the allegations of tliat factum, one stands al)o\c all the othois,and constitutes, in etl'ect, an accusation ot' niaUiTsation. The Lieutenant-tJovernor accuses the Prime Minister and his colleagues of nothing less than having yielded to dishonest combinations or ''rmgs" in the House, of having granted considerable sums of money, as subsidies to railway co'np.mics, while acting under their peniieious intiiience, and then he adds: — "When he u\\i\'. ii) attempt to cscai'C from that delelonou- iiillueiicc, after his own a\owal that the Legislature wis c )ntrolled by those rings ; when by his legislation he ,-oiight lo favour ihei.i anew during the last session, without haviog previously advised with nie, had I not the rigiit, as the representative of my Sovereign, to belii'vc and to b^' c.)nviiiccd th.it M. l)j H iiiolurviUe did not possess a constitutional majority in the Legislative Asseiu!)ly " In otiier words, the Lieutenant-Governor accuses his Ministers of having deliberately introduced legislation with the venal o!»ject of enriching private piities; of having resisted the benevolent and charitable advice that he, tlie Lieutenant-Governor, was giving them, and of having allowcil even, "during the last session,'" the continuation of the said dislioncst legislation without consulting inm betbrehand and against his former ail vice. We emphatically deny the truth of these allegations. Since the .IV, Bouclieivillc CJovenunent und(;rtook the construction of the great Pro- vincial railway, they have added nothing to the uguregatc of tlu' obligations tiun entered into at the outset with the railway compuiies. ( )ii the contrary, wluii the opposition (which the Lientenant-(ioveinor called on the 2nd .NLirch last to advise him), was a.sking, while in opposition, that new grants be made foi the Southern railvva> as a compensation for the amount the public treasury was pledged \.o spend on the construc- tion o\' the I'rovincial line on the North Slu)rc of ihe St. Lawrence, the (roverniiieiit of M. J)e Moucherville resisted the demands, It is a fact of public notoriety that tVc(|uent and numerous delegations beseiged the Prime Ministei-, in view of getting some 86 i(lviuitai{CH l)v way of incrcnted NiiliHulicA I'm tlir ruilwuy nitrrprisoH in wliirh thoMP (Iflc^ iiKiiH wire inl»MO? intruiliicod the ScMoiiHi iM-fon' la»l hy tlu! I)i' Ilmiilu'i V illc Ailiiiiiii-'tiMt.ion, ffiiiciTiiiiii( railway I'litcrnridi'", a iiK-usurc ^raiitiiig no new siiliiiilii-s, liut. iipiilvinjj; in ii Hpnial way llif subsidies In wimli rhr ••onipaiiicM wore enMilcii, mid wliii-ii ii tlif mrastuie In wliioli the liii'iitcnaiit-tfuvrriior (illiUM'v in flic |)aN>« aani'tioiied by tlic Licuti'iiant-dovernor. TIk' uiidcrsinneil respcrtfiilly contonds tlial lhi?< ac(ii«alioii of tlu; I.iouU-nanl-(io\ernor a^aiii>t his MiiiiHtcis, in such a vi )hitioii •>! thr lontidi'iiri' he uwe.s Id liis iidviHcrs, ami Hiieh II niisivpresenlation ot their iDiiduet mid of his own, thai it renders imposHible the stTviee of tlie State under a ehiei' who thus trien to destroy instead of defending tlie honour of liis Ministers. The eliarj^es now Kubiuitted to I lie eonfideration of your llxceli-'nev. are bill the eeho of the jrrievanees ('xpressed in the addresses passed by the Legislnttire of (Quebec, and foiwaiiled to the (i()vernor-(Jeiieral, the Senate and the House of ( 'oiiniuiiis, in Mareh list. rhe\ are also to lie found in the eorri'spondenee bi-lween the I.ieiitenant.- (lovernor and M. Di' Minuliervilie, in the answer of M. IK- Uoucherville to the " cxplana- tor\ ease" of the IJeuleii!iiil-(ioveriior to his Hxeelleney l^onl DiiH'erin, and finally in the additional doeuinents referred to in the ineiiiorial of the undersigned. I'hese gricvanees may be summed up in the following manner: Isl. The Lieutenant (lovernor, in dismissing his ministers when they enjoyed the iMiilideiue of both II()u>es of the lA'gislature, and when they had not been guilty, as the l.ituttiiimt-(io\enii)r admits, of any wilful wmit of rcspeet for the iirerogativo of the Crown, has violated the priii(i])le of responsible government. ■Jnd. The Liriitiiiaiit-(iovernor in giving,' as his reasons for the dismissal of his ministers, the introduction without his consent of two bills having reference to the (iiiancial interests ot' the I'roviiiee, after he had really given his authorisation to these measures and after tlu'se me isuivs had been fully 'liscussed and voted upon in the Legislative .Assembly, has lieen guilty of a broach of good faith towards his advisers and of want of rcspeet to the Legislature. ;iril. The Licutcnaiit-dovernor in his explanations laid before his Excellency Lord Durt'crin has (bvulged the seeri.-ts of his advisers, giving an inaccurate version and a flil.se interpretation to the words and aelioiis, ho has attacked the henticity of public records, questioned measures and acis of administration which he had long before sanctioned, and has rendered illusory and iinposaible all guarantees for that mutual contidence which should eicr exist between the chief of the executive and his advisers. The undersigned have not attempted to follow and discuss all the matters referred to ill the orijfinal memorial, nor in some instances to re-addiiee proofs nnd relleetiona I herein contained, which answers exjilain or contravert allegations made t'roni time to time and in different documents by the I..ieutcnant-Governor. The record must be considered as a whole, add t'rom it, and in it will bo found ample grounds for all they have advanced and asserted against the Ijieuienant-(irovernor, whilst it demonstrates tlie necessity which exists that the constitutional rights of the people should be vindicated. Wherefore, your petitioners persist in the conclusions of their petition and pray as in and by the same they have already prayed. (.Signed) .1. A. ('iiAPLEAts L. lllKiliLKS Cm UCH, Montreal, December 19, IHJ^- A. U. Angers. Kxhibit No. I . No, 41.— -VoTKH 1111(1 PidicrrniNiix ol' the loin' entire Hnl)nn-(siynch, moved,-- That the followint!; a(ln of Her representative, is never in question. In the present case the reproaches conlaiiied in the motion are addressed to the advisirs of his Excellency the l!atiiins u])i)ii which fu- said Hill is based were adopted, the Cabinet ch.arged with '• the p'blic business enjoyed the confidence of this Hou.sc and oi' the country; whilst " the present Administration does not possess that contidence." Which amendment was agreeil to on the following division • — Ykas. MM. .vUeyii, .\iigevs, Kaker, Chanipngne, Chaplcau, Charlcbois, Church, Descli!) of the Consolidated Statutes " fur Lower Canada, lespecting lUiilding Sociclics in the Pnnince of tx*ucbec " And the House then adjourned. (Signed) I. oris l{i:.\iun\, Speaker, Archambeault, Houcherville, de Bryson, Dionne, Dostaler, Exhibit No. 2. Fn^)\^, ^ra M mk h l^T'^ The Honoural'lf '.egi.slativc Couiu'iHors convened were ']"he Honourable Henry Starnes, Spi'aker; The Honourable Messieurs Gaudet, !.e .Maire, (lingras, Eery, de llci-rn, La Brut'^re, de L'aviolette, Panel, Proulx, Prudhom'.ne. Iloss, Roy, Webb, Mood. E 40 The following*; petitions were se^ crnlly brought up and laid on the table : — By the Ilonoural/ie Mi. Koss, of the Sisters of I'rovidence of the Cote-St. Louis. By the Honourable Mr. llearn, of the lioard of Trade of Quebec. The foilowing petitions were read and received : — Of the inhabitants of the township of Woodbridge, eountv of Kamouraska, praying for the refund of the amount due by thcni to the Ciovcrnnient on tlieir lots. Of the Board of Trade of Quebec, opposing the Quebec, MontrcHl. Ottawa, and Occidental Railwny Act. Hon. Mr. de La Brui>re, seconded by Hon. Mr. \Vei)b, moved, — That the following address be presented to his Excellency the (Jovernor-General ot the Dominion of ( 'anada, to the Senate and to the House of C'omraons of Canada, and to his Excellency the Lieutenant-Governor of the Province of Quebec. To his I'Acellency the Honouralile Luc Lctellier de St. Just, T..ieutenant- Governor of the Province of Quebec. "The humble address of the Honourable Legislative Council of the Province of Quebec, respectf'uliv showeth, — That it appears from the explanations given by the Hon. M. De Boucherville, and from official correspondence eonmnmicated to this House, that his Excellency the Lieutenant-Governor acknowledges that the mendjcrs of tlie De Houcherville Cabinet acted in good faith in tlie discharge of tlieir duties. 'I'hat his Excellency permitted the bills submitted to this House and to the Legisla- tive Asscmhly to I'e discussed and voted upon, without any older on iiis part to suspend hem. Tluit whilst expressing its loyalty and devotion to our (iracious Sovereign, and its res])ect for the Lieutenant-Ciovenior of this Province, this House is of opinion : That the dismissal from office of the De Houcherville Cabinet, having taken place with- out sufficient cause, coiistinites an imminent danger to the maintenance of responsible government in this Province, is iui abuse of power exercised in contempt of the majority of both Houses, whose confidence they po>sessed and still possess, and a violation of the rights and will of the people." And, objection being taken by the Hon. Mr. Archambeault that this motion is not in order, fecause the notice requiied by the 2Sth Rule of this House had not been given, The .Speaker decide down tti the Legislative Assembly and acquaint that House lli.'it the Lenislativc- ( 'ouiieil h.ne jiassed this Hill with several amendments, to which liiey desire the concunence ollhe Legislative Assenilily. The Order of the Day was read for putting the House into C'ommittee of the Whole for the consideriition (if Bid (No. I Cl intituled : " An Act respecting the notiticatioii for ' and tlie attendanee at the removid of .seals on inventories." Tiie House adjourned during pleasure, and was put into Committee of the Whole. Altei- some time the lb-use wiis resumed 41 Tlic lloiioiiraUlc Mr. Wood, from the saifl f 'omtiiiftcc, roportcd tlmt they had gone through thi" said Mill, and had directed him to ropoit the same without iuneiidment. On motion of the llonouraWc Mr. cle La Rrucre, it was Ordered, t.luit the said Hill he read a third time presently. The said Bill was then accordingly rend a third time. The question was put wlieiher this Bill shall pass? It was Resolved in the affirmative. Ordered, that the clerk do go down Lo the Legislative Assembly and acquaint that House that the Legislative Conned have passed this Bill without any amendment. The Order of the Day was read for putting the House into Conmnltee of the Whole for the consideration of Bill (No. ")5) i'ltituled, " An Act to amend certain articles of the " Municipal Code of the Province of Quelwc." The House adjourned during pleasure, and was put into Committee of the Whole. After some time the House was resumed. The Honourable Mr. Bryson, from the said Committee*, reported that they had gone through the saitl Bill, and directed him to report tiic same without amendment. On motion of the Honourable Mr. Lav'olette, it was Ordered, that the said Bill be read a '.'.lin! time presently. The Bill was then accordingly read a third time. 'I'he iiucstion was put wdiether this Bill shall pass? It was Unsolved in the aflirmativc. Ordered, that the clerk do go down to the Legislative Assend)Iy and aecpiaint that House that, the Legislative Council have passed this Bill without any amendment. The Order of the Day was read for puiting the House into Committee of the Whole for the consideration of Bill (No. si) intituled, " An Act to provide for the giving " notice of Slierlif's sales to hypothecary creditors." The House adjourned during pleasure, and was put into Committee of the Whole, Alter some time the House was resumed. 'I'he Honoural)le Mr. Hearn, from the said Committee, reported that they had gone through the said Bill, and had directed him to report tlic same without amendment. On moticm of the Honourable Mr. de La Erui're, it was Ordered, thai the said Bill be read a third time presentl)'. The said Bill was then accordingly read a third time. The ([uestion was put whether this Bid shall pass ? It was Kesolved m the athrmative. Ordered, that the clerk do go down to the Legislative Assembly and acquaint that House that the Legishu' e Council have passed this Bill without any amendment. 'I'he Order of the Day was read for putting the House into (^'lumnttee of the Whole, for the consideratioi. of Bill (No. 9^') intituled, " .'Vu Act to further amend the laws " respecting I'ublic Instruction in tin's Province." The House adjoinned during pleasure, and was put into Comnuttee of the Whole. After some time the House was resumed. The Honourable Mr. Dionne, i'rom the said Committee, reported tliey had gone through the said Bill, and direct'^l him to report the same without amendment. On nioti( n of the Honourable Mr. .Arehambcault, it was Oniereil, ilr.it ilie said Bill be read a third time ]'resently. The salil i'lll was then accordingly read a third time. The question was put whether this JJill shall pas:^ ? it was Resolved iii the aflirmative. Ordered, that the clerk do go down to the Legislative Assembly and acquaint that House that the Legislative (-'ouncil have pas,-ed this Bill without any amendment. The Order of the Dav was read for putting the House into ( 'ommittte of ihe Whole tor the consideration oi iJill (No. '.00), intituled, " .\n Act to amend chapter 6!) of the " consolidated statutes t'or Lower Canada, respecting building soci'ties in the Province " ofQuehec." The House adjourned during pleasure, and was put into ('ommittee of the Whole. After soni'.! time the House was resumed. Tiie Honourable Mr. Archambeault, from the said Com' Mi tee, leported that they had gone through the said Bill, and directed l,im i) report the same without amendment. On motion of the Honourable JMr. Hearn, it was Ordered, that the saiii Bill he read a tliird time presently. 'i'he said Bill was then accordingly read a third time. 'I'he question was put whether this Bill shall pass? It was Resolved in tht atlirmative. N XU. f' «2 OidcKd, tliiit llii- link ill) go (iown to the Legislative Assembly and iicijuairt that House tliiit the Legislative Council have passed this Rill without aiiiendiiienis. '["he Order of llie Dny was read tor puttiiiii the Mouse into Ccnunittee of tlie Whole tor the eonsidiration of Hill (No. KM)), intituled, '' An Act to further aniend the luvv " resiiecting idles in money made to eertuin railway companies."' Dn motion of the (lonourahle Mr. De Uoueher\ ille, it. was Ordered, tliat the said Order be postponed luitil to-morrow. \ me; sage was brought from the Legislative Assendily by their clerk, with a f?ill I^No, 12), intiiuled, "An Act respecting the proof of heirship or nf legaieeship," to which they recpiest the concurrence of this House. The said Bill was read for the first time. ( h\ mution (if the Honourable Mr. de La Brut^re, it was Ordered that the said Bill be read a second time to-morroAV. A message wa> brought from the Legislative Assembly by their clerk, with a Hill (No. H:\), intituled, " y\n Act to amend and consolidate the (Quebec License Act and " its amendments," to which they request the concurrence of this House. 'I'lie said Hill was read Inrtlie first time. On motion of the Honourable Mr. Archambeault, it was Ordered tliat the said Hill be read a second tinic to-morrow. A mcssngt wa> brought from the Ijcgislative Assembly by their tierk, wiili a Hdl (No. 1(18), mtituled, "An Act resecting the indenmity to petty jurors, in criminal " cases," to which they request the concurrence of this House. The ^aid 15111 was read for the first time. ( )n niotitm of the Honourable Mr. Archambeault, it was ( )rdered that the said Hill be read a .second time to-nn)rrow, A message vAas brought from the Legi.slatise Assend)ly by their clerk, with a Bill (No. 1 12), intituled, " .\u Act to amend the Act 20 Vic. ch. -Jii, resjiecting the Quebec " .North Shore Turnpike Uoads," to which they request the concurrence of this House. The said Hill was read for the first time. On motion of the lh)noiirable Mr. Hearn it was Ordered that the said Hill be read a secorul time to-morrow. .V uie-sage was brought from the [>egislative .Assembly by their clerk, with a Bill (No. nil), intituled. " .An .Act to impose a stamp duty on contract riotes, and on certain " deeds and instruments," to which they recpiest the concurrence of this llouse. The s.iid Hill was read for the first time The Honourable Mr. .Arehamhault moved, — I'hat when this House ilo adjourn, it do stand adjourned until to morrow at 11 'clock \.M. And the question of concurrence being put on the said motion, it was Hesolved in the alTirmafi\e. Then, on motion of the Honourable Mr. De Boucherville, the House adjourned until to-morrow at II o'clock a.m. Exhibit No. ;{. No. 12. — VoiKs and I'ltot kkdincs of the Leoisi.ativ:' Assi:.mul\ of the Piiovi.vcr: of QiKiiKc— Quebec, .Saturday, 9th Ma;-ch 18"8. Mr, Speaker informed the House that, in t'onformity with the orders given to him at yesterday's sitting, he issued his warrant for the election of iMembers in the counties of those .NFcmbers who have accepted office as Ministers, and that he was informed by the Clerk of the Crown in Cliancery that the answer of the (jovernment was that the n'latter was under consideration. The following h'tter and " copies of the correspondence and explanations relating to " the dismissal from nffiee of the De Boucherville (iovernment" were laid upon the tabh'. To (he Honourable the Speaker of the Legislative Assembly. SiH, _ Quebec, Mth March I sjs. I UAVi: the honour to forward you, to be laid before the House, (opv of the correspondence and explinations relaf-ng to the dismis-ial from ollice of the De Boucher- ville (iovcrmnci't, which 1 read and communicated to the House. 1 have, ike, A. \{. AMiKllS, F..x-Attorney-(>eneral, Member for the County of Montmorency. 43 Mu. Si'i'.AKiat, "Mil. Dk IJoiu iiKHViM.K had rccoived pcnniission i'vom tlie Lic'iitc!i;i!it-(njv'i.'in()r to give pxpliinatioiis respecting his dismissal ("roiii otHee at tlie sittliii^ on Moiidiy, the 4th March instant. Ik'tucen halt-past oni' and two o'clock of the ■laiiK' (hiy, he received from liis Excellency a notice not to give any explanations until the now ( 'ahinet had been formed. Tiiis event having lieeii announced, the late l)e Koucherville (lovernmont has the right, in virtue of the permission so obtained, to give its explanation to tlic ll(/iiie and to the country. f It is my duty to announce to the House that the Do Houchervilie (irovcininent did not resign. A Government, possessing the confidence of the great majority of the lleprcsentative Assembly and of almost the Avholc of the Legislative ( 'ouiicil, has no right to resign, if it lias really at heart the interests of the count ry, and a respect for its duty. This (loverunient was dismissed Iroiu office by the Lieutenant-CJovernor. The !_i 1.1 1 c,ii_ i lu: 1 L 1 :., .. : i i t i: i ... t.. UUl \ . I Ills V JuvciuiiitriiL >Yaa uiniiiia^LAi ijt.uii uiitv..c uy v-in i..ic iit^'iiiiiii - i iir vv i iiui . x iii: facts which preceded and followed this event are entered in a journal, kept I'roin day to (lav and i'rom hour to hour, under the dictation of the liX-l'remier, and the foUuwim' is an' extract and faithful recital thereof On the '2ii\\\ February HJ^*, at half-past four o'clock, p.m., the Premier the Lieuteiiaut-dovenior, through his aide-de-camp, the following letter: er received from To the Honourable (!. li. Dc Boucherville, Premier of the Province of Quebec. (jovernmcnt House, Quebec, I'ebriuxry 2."), IS7vS. The Lieutenant-Oovernor desires the Executive Council to jirepare tor liis considera- tion a factum, including a copy of the ibllowing documents : — I. A coj)y of the Acts of the Dominion Parliament authorising the construction of the railway known under the name of the " Qut-bec, .Montreal, Ottawa, and Occidental railway," as well as a copy of the Acts of the Legislature of Quebec, respecting the same railway. "i. A copy of the Acts of the Legislature of the Province ot' Quebec, respecting the construction of the railway between (Quebec and Montreal, conunonl}' known as the " North Shore Railway." ^^. A copy of the byelaws of each of the Municipal Corporations by which they agreeil to assist in the construction of the said road. 4. A statement of the amount of the grant, paid l)y each of those corporations, and a co|)y of the correspondence exchanged between the Government, the railway commis- sioners or the contractors of the said road, and the said Municipal Corporations, with respect to their said grant or subsidy. .1. .\ copy of the several contracts entered into for the construction of the said road. 6. A copy of the official or confidential reports of tiie engineers to whom was entrusted the location of these lines of railway, in whole or in part. 7. A copy of the report of the railway commissioners, laiil bet'ore both Houses during the present session, respecting the said roads. 8. A copy of the representations made to the Government by ihe municipal toqiora- tions interested or by the ratepa\ers of these municipalities, respecting the conditions of their grant or subsidy. J). A copy of the resolutions proposed to the Proviiu'ial Legislature, during the piescnt session, respecting the said subsidies, and to facilitate the payment and recovery of the same. 10. A copy of the Hill, based upon the said resolutions, which was introduced into the House during the present session. II. A plan showing the locations of each of the said railways, or of any portion thereof. 12. A detailed statement of the reasons which induced the Provii jial Government not to content themselves with the provi.v.nns of the statute and cenunon law, and with those of the civil code of this province, for the recovery of the sums of money which might becoiTie due by the said corporations, liut, without having in any manner previously consulted with the Lieutenant-Governor, to propose an ex post f .do legislation to compel them thereto. Another very itnportant measure, to provide for the imposition of new taxes, was also similarly proposed to the Legislature, without having been previously subnntted ti> the Lieutenant-Governor. F 2 44 riif Lieiitonr.nt-(ji)vemor is perfectly aware that measures of sccoiidttrv itiiportiinco, vliicl) lijiM' pieviDiisly lu'cii 'iifficientlv ex])liiiiu'(l to him, inny be, ii-* a iniiltei' uf routine, proposcii fi) l)()tli llmises, without lUi exjire.ss order from himself, hul lu' eirm;)! alKiw the Kxecutive to eomniunieate to the Lcffislature, on liis helialfi any iinportMiit or new ineMsures, witliout his special order, and without liis liaving been ])reviously filly inloruied and advised thereof. Ll'C LlTKl.I.II-i:, Lii'ut.-Ciovernor. The Premier jirepared his answer durin'^ the night of the 2fitli and '-'rtli I'ehruary This answer was delivered Uy him, in person, to the Lieutenaiit-Ciovernur at Spencer Wood, alK)ut ten o'clock a.m., on the '27th. It read a.s follows :— To his iv\cellen<'y the lion. L. I.etellier de .St Just, Licutenant-Ciovernnr ot the Province of Quebec. May rr I'i,i;asi Vouk Excellkncy, Quebec, February "J", 1^^77. I MAVK the honour to acknowledge the receipt of the meiMorandum sent nic yester- day afternoon by your Excellency, through your aide-de-camp, who, at tlic same time, informed me that you were ill in bed. I su'jiiiittcd this memorandum to the l''\e( utive C.'iiuuil, and 1 shall see, us your Excellency desires, that all due dilgenci' be used in order that all the documents required m.iy be transmitted to you as soo;i as p.issible. In anticipation of the factum desired by your Ivxcelleney, which will contain a more detailed siatement of the motives which induced the Fiovincial (lovernmenl to bring in the measures to which you draw my attention, I consider it my duty to represi iit that the reasons, which, amongst others, caused the (Jovernment to submit to the Legislature a law obliging the m inicipilities to pay their subscriptions, for the c instruction of the Provincial railway, on the decision of the r.ieutenant-Ciovernor in Council, after a sworn report, mule by a competent engineer, and aftjr a notice of (iiteen days, to give such municipalities an opportunity of being heard, — are the ill-will of certain municipalities; shown by some in 'heir neglect to com])ly with the request of the Treasurer, by others in theli' formal nt'usal to pa\, and in certain cases, by resolutions adopted asking new conditions re^p.'etiug the agreements whieli they had made with the (lovernment. 'I'he (iovernment was of opinion that without sucii legislation, the object of which is to avoid the delays of ordinaiy legal proceedings, the result of the ill-will of t}ie,>e muni- ci|>alities would have been either to necessitate a new loan by thi; Province, and consc- queittly to cause a burden to be unjustly imposed upon municipalities which had entered into no engagements and which would ilerive no immediate benefit from the construction of the road, or the complete stoppage of the works already begun, together with the inc\ ital)le loss of interest on the enormous capital already laid out upon this enterprise un.l the other damages relating therefrom. The (^lovernnient, while undertaking, in the first place, by the said law, to fultil the conditions which It had agreed upon with the said nuuiicipalities, considered that, in substituting for the ordinary courts the Licutenant-(ilovernor with an Executive ( 'ouncil responsible to the Legislature and to the people, it olfered to the parties interested a triiuinal which afforded as many guarantees as the onliiiary courts. I would .also take the IH'crty of calling your Excellency's attention to tlie fact that similar provisions are idready in our Statutes. 1 would cite to your Excellency chaprer .'^,'5 of the Consolidated Statutes of Canada, and also chapter I" of ."id Vict, of the Statutes of Ontario. I humbly submit to your Excellency that a law deviseil for the better securing of the execution oi' a contrat't caiuiot have a retroactive effect. It enacts for the future, and its objects are the respective interests of the parties. Now, I beg your Excellency to note that, while you were at Riviere Quelle, I had the bono ■ of requesting your authorisation to lay the (juestion of finances before the House, and that you were kind enough to reply that you sent me a blank form by mail, and r considered this at the time, as a great mark of confidence on ' our part. T did, in ell'ect, receive a blank foiui with your signature, which I handed to the Treasuier, who had it filled uj) b\ your aide-de-camp. Later on, I hid the bono u- of requesting your E.xcellency's authorisation generally to lay money cjucstions before the House, and this your Excellency granted with your u ;ual condesciiision. This permision, moreover, had invariably been accorded me by your predecessor, the late lamented Mr. Carou. 4:. T must admit thni, willj thin aiithorisfttion, and the conviction in my mind tlmt your Kvcclleiicy had road the 'TiTasurcr's lUidi,n't Speech, in whicli he aniunuiccd the (axes wliicii were al'tcrwanLs pn)|)()scil, I coiisidcrrd I hi 1 a liyht Id inl'onn my colh'aniifH that I had your pi.'rini>' your Kxcciieucy to l)L'heve that I never had nt]y intention of urro^iiliny to myself th(! rii^lit ot' havim; nuvnures passed without \onr approval, and that under exi-itiuL!,' ci.cuniHtanees, iiavini; had occiivion to s^poak to your F.xcellency in reference to the hiw respecting the I'rovmcial raihva\, an I n )t haviii;^ nccived any order to suspend it, I did not think your Mxccliency n\)uld discover in this measure any intention on my pn't to slii>hl .\our prerogatives, whicli no mw. is more disposed than I am to respect and uphokl. Yours, &c., (Signed) I'. W. l)i Bor( iii;u\ii,i.r.. After some conversation tlie Ijcutenant-dovernor. havinij; iieard Mr. l)e Honchcrviile's exphmations, admitted tliat, if (here had heen any mi-.understaiidinii, it was iii j>ood faitii on the part ot the hitter, in autliorisinu; his colleagues to say tliat they were authcnised to submit the legislation in reference to money matters, lie al'lerwards tol I him, in reply to his (]iicstion on the subject, that the onl> ditliculty remaining was the question of the Qiiebci", Montreal, aiul Ottawa and Oeeidcntal Kailwav, and thai lie would give an answer on the f)lK)\ving day, the 2f^ih l^'ebruaiy. On the 2Sth February, at about hall-past se\ en in the evening, Mr. I)e Bouchervillc went to Spencer Wood to convey to tlu' Lieutcnant-(iovenior the documents asked for in the letier of the i^.'ith (which docnments were prepared by the Honourable the Secretary, and were accompanied by a synopsis). He asked him if he wouhl soon give his answer. The l^icutcnant-Governor told him that he would examine the documents and probably gi\'c it to him on the following day, the l-^t Marcli. On leaving, Mr. Dc noucherville >aid : '" If f imdoistanil you rightly, you are hesi- tating between giving your sanction to the Railway Hill and reserving it." lie replied, "That is it." On the 2nd March, at five minutes to one in the aflernoon, the aidi-de-canip of the Lieutenant-Ciovernor handed to Mr. l)e Hjucherville the letter given hereal'ter. Before the aide-de-camp left, he was asked how his Excellency was. The aide-de- camp replied that he wa> not so well, and then asked when we intended closing the session. Mr. He Houcheivilie replied that he could not say, as many matters were in arrcar. The following is the letter in question :- • To the lion. C. B. Dc Bouchervillc, Premier, Quebec. (iovernment House, (jnebcc, INIarch !, IM78. The Lieutenant-Ciovernor, taking into consiileration the communication made to him verbally (on the 27th February) l)y the Premier, and also taking into consideration the letter which the Premier then gave to him, is prepared to admit that there had been no intention on the part of the Premier to slight the prerogatives of the Crown, and that there was only on his part an error, cominitt.ed in good faitii, in the interpretation that he gave to words used by the Lieutcnant-Cjovernor in the interview which they had on the 19th Februarv instant — words which did not inijily the authoris.ition attributed to them by the Premier. With' this interpretation and the instructions given in conse(iueiice by the Preaiier to the Honourable Messrs. Angers and Church, thcie gentlemen did not wittingly do anything against the duties of their office. As to the blank, which the Lieutenant-Governor athlressed to him from Riviere Quelle, the Lieutenant-Governor knew that such blank was to be used for the purpose of submitting the estimates to tiie House. This AVt vvas a token of confidence ou his part, as stated by the Premier in his letter of the 27th, but it was confidential. The liieutenant-Governor deems it his duty to t)bservc that, in his memorandum of the 25th of February last, he in no way cxpres.sed the opinit)n that he thoui,dit that the Premier ever had the intention of arrogating to himself the "right " of " having measures " pas,vcd without his approval, or of slighting the prerogatives of the representative of the «' (hown." But the Premier must not lose sight of the fact that, although he had not so intended, the fact remains as he was told by the Lieutenant-Governor. The fact of having submitted several new and important measures to the Legislature, F 3 4(5 witlioiit Imviiij^ prcviouslv, in nny iiianncr, coiiHultcd llir Lunitcnant-fJovernor, nltliouu^h willioiii any intoiitKni of jliijlitinij; his prerogativi-s, i,nvt's rise to one of tliosr fuUc positions whit'ii places tin- icprcscntativo of tho Crown in a dilHciilt aiil critical ^itllatio^, ^^itll reference to hotli Houses of the Leffishiture. The l.ieiitenant-Ciovernor cannot a(hnit that the respon'^ihility of thin state of things rest^) upon him. So far as concerns the Mill intituled " An Act respecting; the Qucbir, Montreal, Ottuway and Occidental Uailway," the Premier cannot ajiply to the measure th(^ pre- tended i^encral authorisation meiitionrd by him in his letter, for their interxiow took place on the li)th i'Vbruftry, and the !5iil had then been before th^.' House for several days, without the Lieutenant-Governor having bcien in any manner informed of it by his ad\ isers. The l^ieufenant-Cioveruor tluii told the I'reiuier how much he regretted such legisla- tion ; he rc|)resented to him that he considered it to be contrary to the principles of law and justice -. notwilhs>an(liiig this, the measure was pushed on until it was adopted by both Houses. It is true that tlu I'remier gives in his letter, as one of his reasons tiir so acting, "' that this permission of making use of th(> name of the representative of the Crown had " been, moreover, always allowed to him by the predecessor of the present Lieutenant- " (iovernor, the late lamented Mr. Caron." This reason cannot avail with the Lieutcnant-Ciovernor, for, b\ so doing, he would abdicate his position as representative of the Crown, a proceeding which neither the Lieiitenant-CTovernor nor the Premier could reconcile with the duties of the Lieut enant- ( iovernor towards the Crown. The LieuieiKUit-Ciovernor regrets being compelled to state, as he told the I'remier, th.at he lias gtnendly not been explicitly informed of the measures adopted by the Cabinet , although the Lieutenant-Governor ol'ten ga\e occasion thercibr to the Premier, especially during the course of last year. The Lieuteiiant-(iovenior, from time to time, since the last meeting of the Legislature, drew the attention of the I'remier t'.) several matters respecting the interests of the Province of Quebec, amongst others ; L To the enormous expenditiiic occasioned by very large subsidies to several railway.s when the Province was burdened with the construction of the trunk line of railway from Quotiec to Ottawa, which should prevail over all others, and that at a time when our finances compelled us to raise loans disproportioned to our revenues. 1. <,)n the necessity of reducing the expenses of the Civil Government, and those of legislation, iu place of having recourse to new taxes, with a view of a\oiding financial embarrassment. 'I'he Lieutcnant-(iovernor, although with regret, expressed to the Premier the opinion tliat the Orders in Council for the incieasc of the salaries of civil service employees, seemed to him to be inopportuiic at a time when the Government had efTected with the Kaiiic of Montreal a loan at the rate of 7 por cent, for half a million, on condition of increasing this loan to one million ; and, in fact, to-day even (1st >Luch) the Lieutenant- CJovernor was obliged to allow an Order in Council to be passed to secure the last half million for the (iovernment, without which the Government would be unable to meet its obligations, as stated to him by the honourable the treasurer, by order of the Premier. The Premier did not, either then or since, inform the Lieutenant-Governor that the Government were in so impecunious a position as to require special legislation to increase the public burdens. Till' r^ieutenaut-Governor therefore stated and repeated these facts to the Premier, and now deems it his duty to record them here, iu order that they may serve as a memorandum for himself and the Premier. It results therefore - i. That, although the i^ieutenant Governor had made several representations in his quality of representative of the Crown to the Premier on those various subjects of public interest, his advisers have taken administrative and legislative steps contrary to such representations, and without having pieviously advised him. ->. 'I'hat the Lieutenant-Governor has, , ithout evil motives, but in fact, been placed ill a false position, by being exposed to a conflict with the desires of the Legislature, desires which he acknowledges to be paramount, when expressed in a conslituti(»nal maimer. Thi' Lieuti'nant-Governor has attentively read and examined the raemoraudum and documents which the Premier was kind enough to bring him yesterday. 17 In the iccoid aro petitions I'rom several inuiiicipnl oovpomt ions iinil t'roui citizens of diH'cieiit Icealities, aildrtRjed to llie Lieiiieiiaiit-Ciov* iiior iijiainsi tlie re.soiutioiis, and I lie (loNcinnient Hill le^pi etiiij^- the l^uehec, Montreal, Ottawa, and Oecideiital llail\^av• Tlie f .ieulenant-(iu\ern()r was only yestenlay in a position to take eonnnnnieatio!! of some of tlietit petitions, inaj^inueh as they had r.ot been tran-initted to liiin before the reeord. 'The l.ieiitenant-(iovernor, after mature deliberation, eamiot in eept tie advice of the I'rcmii'r in ret'ereiue to tiie sanction lo be {ii\cii to ihi' Kailway liill, intituled " An " Act relating to the Quebec, Montreal, Ottawa, and Occidental Kailway." For all tluse reasons, therefore, the lJeutenant-( loveriior cannot conclude this nicniorandiuu without expussini; to the I'remiir the regret which la feels in beinj; no lon>j,cr able to retain iiini in his position, contrary l<» (he rights and prerogativi's of the t-'rown. (Signed) L. Ij.iri.i.u;h, I-ieutenant-: tlu' Ni'itli Slinrc Railway wciv siilimitti-d to tlic llous-c only on the 'iinli .lainiinv, nfti'i thr U'Ui:inm hurl liocii irrcivod from the I.ii'ulciiunt- (lovctHdr, lliul ii ruriii .*ifiiu(l in Miink liiul licrn iimilcd to M, l)v Hoiu-Iicrv illo in reply to lii> (!(si):it(l> ot tlu' pitvidiis (';iy, siiyiiiL', " Cmii \.c. On tlu" 1st I'VIiiiiaiy tlir House again Avciit iiilo ('( iLmltlic of tlie \Vlir)l( and ir|>()it('il tin' ollu i" rr-oliitions on (lie «ann' Bid)jcit. Hut it \va> (udy on the .jtli that llif adoption of the nport of the coniniittcc was carried, the House tlirowint' rut the motion ot non-confidence on this point by 3H to 21. (Jn tiie .^th Kehriuny a hill. lias<'d on these rcsolutrons, was introduced ; the ^ccond rcadinjt was delayed untd the IHih I'Vhruary ; the third leading took place on the \{)\h, Ihninu all this time the Ijeutenant-( lovt rnor ti) whom tlio votes and proceedini;.s were sent daily remained silent. On the I!)tli I'Vhruary, Mr. De Hoiicherville met tlie Lii'utenant (iovernor ami, in the conversation whicli took place on (he s\d)jeet of the measure, thouijht he had satisfied hun ns to its lej^ality and the urgency of its heinj^ passed. 'I'iie Lieatenant-(iovernor was so far from i)eii)L,' ( xplieit av to his intentions, that Mr. Do Hoiicherx ille Jett him with the impression thnt he was authorised. The Lieutenant-()ovirnor does not contend, in his mcrnorandum of the 1st, March, 18"H, that hv hail i'iven ('rdirs to susjiend the le(^i^hltion. Sent up to the l.ey;i.«!;ttive Council, this hill liad uoiie tlirongh its third leading hefore the tir>l letter was received from the J,!t^utenant-(iovernor, dated tlie "i.^th I'ehruary last, but only delivered at I..'!!) p.m. on the 21)111. In fiiet, the Lieutenant-(io\ ernor, in his letter of the 1st March, admits that lie did not, in any way, in his nicinorandum of the 'i.'itii I'Vhruary, express the ()|iinion that he considered the I'remier liad ir.tendcd to arrogate lo hiaiselt tlu' rij.',lit ot tjelting measures jiassed without his appi'oval or of slijlhtinif the jircrngatives of the representative of the Crown. Having ascertained that a niisuuder.^taiiding- existed as to the interpretation of the authoiisation asked hy leleyraphie de>patch on the .'.'-th .January and .tnsvvered on the 2!)th hy a message stating that a form signed in blank vv.'is sent, and in view of the impiession.s left b\ the conversation of the 19th I'Vhruary in Mr. De Hoiicheiville's mind, should the Litutrnant-(Io\einor ha^e waited to make known, for the tir.st time, the existence of this inisimdcrstaiiding until lhe2f)th February, at which date the whole of the legislation, ut'wliicli he eoniplains, has la en discussed and voted in the allirmative by both Houses r The conlidcncc shown by the Lieutenant-(jo\ernor on the 'iQ'b .lamiary in Mr. Deljouchcrville by f>rwariling the tiuni signed in blank, was calculated to justify him in inteipri ting the silence of the l.ieutenant-Governeir at least as not meaning eiissent. After these interviews e)f the I9lh February, the silence observed until the 20th February was also of a nature to lead him to he'lieve that he had a general authorisatiem to submit to the House all measures which the public service reipiircd. On the .'U St ol January, twenty-six elays previous to the first nie'ine)randu!n of the Lieiitenanl-doxerneir, the I fonouraljle Treasurer made his 1 uelget speech, in w hich he aiini)m;ee'(l the' iK'W taxes wluVli it would be necessary to levy to meet the e)bligutie)ns of the Province', obligations cemtracted during several previous years and rt\suliing fremi the policy tiun inaui.',urated on railways, and which had rcceive'd the ceincurrene'c oi' several menibe'rs belonging to the party op])osing the (lovcniinent. Can this speeeh, ])ut)ii'-lu'd hi cr/fUfm by the press e)f the wlu)k' country haw cscapeel the notice of the Lieuleuant-CioviTneir ■' On the 19tli e>f February, the rcsolutieais denianeling those taxes, but a lower rate than the e)ne mentioned hy the 'I'reM-^ure'r in his speech, were pre'senled ; and on the "JUth were- .•idi>])te(l by a ve)te of 159 against 22. The 1 ,ieiiteuant-(iovcine)r in his memoiandum of the 1st March., e-omplains that Mr. He iSouehervillc elid not lit him know that the (jovcrnment was in an impee'unious condition, re i|uiriiig sjiecial legi,•^!ati()n tn iiu'reuse the public taxes. The' I'leiiiier would have formed an erroneous idea of the situation, if he had so epialitieel the temporary embarrassment causeel by the ill will of the- numicipalitic'' which hael subscribed Ibr the C(M)striictie)n of the ]Moviiicial railway in neglecting to faithfully lultil their eibligaiieais. He woidd have ibrmeei an eironcous ielea of the situatiem, in presence of the results e)btained, so far witlnut any burden having been impu.scd in order to obtain them. li> On till' v'Jinl I'elnuiiry, iiolirc was given of rcsolutiniis rcipcctiiii,' iail\va3> in I'lo Ivas(''in 'I'owiisliips and on tlio South Shurf ortlu< St Lnwrcncf. (),i (lie 'J;}i(l (it' til' Numo inoiitli the ii'scliitioiis \vci\' introdiiu'd ami siilis((iiiciitly ndo.itfd liy a vote ol" 1 1 to i(i. 'I'lusc rosoliitions do not. in an_v \va) incicuM' tliu actiiul dci)' of till- I'roviiicc. 'I'lu' 1 Jonlrnanl-Ciovi'iiior .said in llic sanu- int'nioriiiuiiini, '• 'I'liat tlu' cnnslil'iiioii ol " •Of railway from Qmdicc to Ottawa should piuvail over that of other lailwayB " Tiie Kjiislation of many years past on this Hulijeet estnlilislicH no priority in favour of the provineial riuiwny to tlie detriment of railways in tlu- Kustern 'lownshifis and (in the South Shore. The l)e Houchirvillo (iovL-rnuient would linve eontniviiu'd the law ii'lhey had adopted any other view of the matter. In the same nienuiranduui the Lieiileuant-(iover;i()r declares, " 'I'hat he cannot accept " the advice of the Premier in reference to the saiu'tion to he ^i^cn to the l{aiK\a\ Hill, " intituled ' An Act respecting the (juehec, Montreal, Ottawa, and Occidental Kail. \ ay.'"' 'I'his declaration is premature, the I'rcinier never having; heeii called upiti to f;i\t' hi.s opinion as to the sanction to he given ; and, if he had liten tailed upon to do so, he would, luxler the ciri'umstance.s, have recuunmeiuled that it he resei vcd iiM' the decision of the Ciovernor General, licing in douht as to the Lieulciiant-(Jovernnr having the rit;hl, of his own accord, <•.?• pmprio nto/ii, to e\ereise the prerogative (d' vet), and thus to decide linally on llie fate of a measure passed by Ix/th I louses, ulitn tiie Unti.sji North America Act of 18(i7 seems to leave such power to the Ciovernor-lieiieral. The mrmorandum of his Kxeelleney lelcrs to jietitions of several curporations and citizens of dilferent places, addressed to tlie Licuteuant-(io\ernor, against the resolutions and the measures of the (iovcrnmcnt concerning the Quelicc, Alontreal, Ottawa, and Occidental Uailway. It i.s sufficient to consider that these petitions came from debtors, from whom tin- law intends to force payment, to arrive at the correct conclusion that the opinion of both Houses should prevail over that expressed in such petitions. Tlie Lieutcnant-Ciovernor, in the same menuiramluni, redrs to acts of .\dministiiitioii wliich date from before the ses>ion, and to which he has gisen his assent. As he alludes to matters i'or which the (joveinment is responsible to botli bouses, as iidvisers ot' the Crown, nnd as they are foreign to the question of prerogative raised by the l.ieuteiiant- Go\ernor, they cannot !)e addiiced in this minioranduni as reasons for the concbisioii, arrived at by his Kxeelleney, that he cannot continue to iclaiu M. De l5ouchcr\ille in his position against the rights and prerogatives of the (Jrown; therefoie, to avoid being carried away by this side issue or /lois *) intituled : " An Ait to (Ictiiu' und rc^iilutr tin- limits o( «rrtniii immii'i. " iMiiitifs Hiiii iiaiinluH in tlu' »t)iiiiti»'M 1)1' Nictilrt. ArtliiihiiK^a, mid Diiiiiniiond, und to " mcliidc, in tin county ol Nitokt, thr poilion of iIuhc niniiiiipiilitir.s and imiiHJics iwtt " now inrliidid lliiTtin." Hill (No. 1121 inlitidi'd : " An Act to atnond tin Att '..'0 \'ict. tup. IW."», rt'HiHrtnig " till" (jurluT Noilli Mmic 'rniniiikt' HoiidH." Hill (No. lO.**) intituled: " An Ait rcHpi-rtinj,' the indiMnnity to ptity jurors in " criminal ciihcH." Hill (No. 12) iniituU'd: " An Act respecting the proof oi IIcirhliipH oi Logatee- " ships." Mr. Diipont, seconded hy Mr. !.,avall<'e, moved — That tiie siini of one liundrcd dollars, depo,>.ited tor llie Hill (No. I.")), intitidid; " .An " Act to in(arfy is competent to administer the public business, ami thai the prorogation of the Legislature presently would be pre- judicial to the Icgislntion and to the interests of the country. The Legislative A>-se'nbly desires to represent to your I'lxccllency that the fact of the minoiity having a control ovi r public ati'airs is the cause of tlu; cnlbar^a^smellt un will ever pray. And objection having been taken that the said motion is contrary to the Constitution and should be considered out ot' order. Ml'. .Spiakei ruled . " That the pt)int of order was raisfvl and decided yesterday." .Viul appeal having been made fiotn Mr. Speaker's decision. Till' (piesticii was put and carried in the atfirmative on the (i)ilowing division : — In favour of .Mr Speaker's decision. iMM. .\llcyn, .Vngers, Haker. Champagne, Chapleau, Charlebois, "Desclicnes, Djilacc Diipi'Ul, Koriiii ((ia-tpe), I'lMclette, (ianie lu, (laulhier, Hoiide ^^.MaskInon^^\ Houd, (Nieuki), Kennedy, Laccrte, Lalonde, Larochcllc, Lavallee, Le Cavalier, Loranger, 61 An mgcr, Iviirh, Mitrtin, Malhicii, Mi-Cluuvrmi, I'icnnl, .Suwvtr, St. Cyr, I'liillnii, Tartc, riiomloii, hikI Wurlclc. — X\, Ajifaiti.st Mr. Spciikfi'n (Ifcioioii. MM. l)f l)<'Uiiji'U, Foitiii (Moiitiiinpiiv ), l.iild'r^tc. I.iirniitftiiu, l.ufVumhoisc, N(nlk>iir, l'A(jiut, Pn foiitiiiiif, Hinhcf (lit Mmilm, Slirlivii, Svlvc-tn', uml Wntts. \J. A iiic.iNiim' w.iH rricivcd Irotii liis I'.xiclU'iicv the Liiuti'iiiml-Ciovc'rnor, l)y Sainiu'l Sttiuiitoii Unit, K«i|iiin', ( Jciillcinim IKIirr ol" tlu- Hliick Rod, «lf«irmj^ tlu utti'tiilaiKT (if lilt lliniHi- in till" J,( gixlativc (Onntil l'hainl)ir Accordingly Mr. Sneakpr, with tlu" McinlxMN puscnt, went to thr Leci^lativr rounril ClmnilMT, wlicii lii^ Kxtillcncy the l.iriili'iinnt (iovrrnor wns jjicasod, ni llcr Mnjesty'H niuiu', to givr tlio Ho>al usmmiI to the todnwmn Uills, iiiinu'Iy : An Ai't to oMiilili- tlu- Minister und 'I'msti-cs of St. Andrew^ (liurdi, Montrral. lo lM)rrow money and li\ ixitliccutc flic property of'xiiid Cliuich. .\ii Vet lo declare valid certain siiIcm of ino\ealilcH lielon^ring to Hiiccessions. An Act to further aniorid the .Act rf^pecting .Agricnltiire and I'lihlii' W.irkH (U'i Vict., cap. l.*)), and the .\cts aineiidinfj the .same. .\!i Act to amend the .Act 10 Vict. oh. 'J'i, amending the law respecting I'lililir Instruction 'is respects tin- City of Sheihrookc All .Act to amend the " Act rospectiiij^ the iiicorponitioii ol .loint .Stock ( 'onipaiiii-J," (:U Viet. cap. 2.".). .An .Act respecting the notification tor and the attendaiice at the removal of seals and inventories. An Act rcspectiiiu; the proof of Heirship. An .Act to provide for the issue of the writ of injunction in certain cases, and to regulate the jirocedure in relation thereto. An Act to amend article ;)97 of the Code of Civil Procedure, relating to suits against certain corporations. An Act to authorise the lioard of Notaries to admit Louis Thomas Laroche, to the practice of the Notarial Profession. .An .Act to annex to the mimicip:ility <;f the Villagoot Stc. Ro-ic, certain lands situated in the municipality of the PariHh of Stc. Rose, in the t'oiinty of Laval, for all municipal and school purposes. An .\ct to authorise the Har of the Province of Q lehtH* to admit Michael J. V. Qtiiiin to the practice of the profession of advocate, An Act to amend the ,Act ;$2 Vict. cap. si), intituled " .An .\ct t;) iiK-orparate the " Protestant Institution for Deaf Mutes and for the IMiml." An Act to incorporate the St. liawrcnee, Lower I.,aureiitieii aiul Sagueiiay Railway Company. All .Act 1(1 incorporate the Society of " I'nion St. .loscph, dc Notre Daino dc Heauport." An .Act to amend chap, .'il of AT Victoria, Province of Quebec, intituled " .An Act " to revise and consolidate the charter of the City of Montreal, and the various .Acts " which amend the same, in so far as concerns certain properfv adioining the Mount " Royal Park." An .Act to incorporate the society called " L'L'nion Si. Joseph de Lachinc." An Act to incorporate the Montreal Island l{ lilway Company. An Act to incorporate " L'(Euvre de Saint Joseph d<' la Delivrance.'' An Act to authorise the sale of immovable property substituted by the late Jean Baptiste t^uesnel. An Act to incorporate the " Cercle Saint Louis " of Three Rivers. An Act to incorporate "The Quebec Young Men's (.'hristian Association." An .Act to amend the Act respecting the Methodist Church oi' Canada (3m Vict, c. 60). An Act to incorporate " Le Cercle ( atholiijue de Quebec." An .Act to amend the Act incorporating the City Passenger Railway Company of Montreal, and to cancel the unpaid stock thereof. An Act to change the name of the Montreal Infants' School As.sociation to that of •'The Boys" Home of Montreal," and for other pur|)o.ses. An Act to authorise the ministers of the church calling themselves '' The Reformed " Episcopal Cliurch of Canada," in the Province of Quebec, to keep registers of baptisms, marriages, and burials. An Act to authorise the Adams Tobacco ('ompanv to borrow money. (J 2 " 52 An Act to i.u'orpoiati' '• I'lic Heel Sugiir ( 'oiiipaiiy of liii- I'loviiue ol' (iiicocc. " An Act to iiu:orp,)r;i!i' ''L'lTiiioM St. .k'aii l?ii[)ti^li' du N'mut-o dc liuckinglnmi." in tlie i'lirish ol St. (iri'.'.oiiv dc Nazi.inzo. An .\it to aiaoni'i tlic A^'l of incorporation of the City of Three Itivrrs, ;58 Vict. c. 7(i. An Act to define and vci^ulate the limits of certain numicipulitics and parishes in the Coiintii's of Nii'olet, ,\rtii.ii)as>k;i, ;n:d Druniniond, and to inelnde in the County of \ieolet, the portions of the>e inuin'cipalities and |)arishe.s not now included theriin. An .Vet to incorporate the Ortord Xickle and C!opper ('onip.iiiy. An Act to legalise certain preliminaries in the incorporation uf tlie " Mutual Flic ■' Insmaii'c ('oii)]\iny of the ('oiuitie.s of Sheflord and JJroiue," and to eliaiige the name of the said ..iger, and the curator to tiie sul)stitution create 1 thereunder, to chiiiine certain investment;* now mac'e. An .Act to amend the .Act .'U Vict. chap. II, incorporKtiufr the "Montreal lUiilding Asso'Matiou." l>y clianginir the name and extending the powers thereof An Act to incorporate " The Chapter of the Cathedral of St. Ilyacinthe." An Act to incorporate "The Sherhrooke Xickle and Phosphate Mining Company." An Act to amend ''The .\et incorporating the Trustees of the American Presbyterian ' ' .'ociety if Montreal." An Act 10 incnrpoiMte tiie municipality of the Village de St. Louis r:> Mile Knd. .\n Act to amend the .\cts relating to the .Mutual Assurance Assi. -iations of the I''al/rii]iies of llie Dioceses of Quebec and Three Hivers, and of the Dioceses I'f .Montreal and St. Hyacintiie. .\n A to ineoiporate the municipality of tin Parish of Cote St. Paul. An .\et to amend the Act respecting Ct)mmissioner"s Courts for the sununary trial of small causes. .An Act to amend chapter 7" of the Consolidated Statutes for Lower Canada, intituled " .\ii Ac; respecting Joint Stock Companies for the construction of ro.i(is and certain other works." .\.ii .\ct respecting the sale of lands for the working of mines o[' phosphate of lime amending ilie .\ct 'A2 Vict. chap. 1 1. An .Act to amend the Act of the hite Province of Canavia, 12 Vict, ch.ip. 137, incor- porating " La Communaute des Sceurs de Ste. Croix," in the Parish of St. Laurent, in tl;e District of Montreal, for 1) lucational purposes. .\n .\et to amend the Act lo N'ict. cha|). 26, relating to the Profession oi' Medicine and Surgery, in the Province of (Juebec. An Ac: to amend and consolidate the (Quebec; Licenci! .Act and its amendments. .\u .Act t(> provide ibr tlie gi\"ig notice of sheriff's sales to hy|iotheeary creditor.'^. An Act to authorise the V. Iludon Cotton Mills Company, Iloclulaga, to api)oint Trustees to insure its pri)perty, for the protection of the holders of the dasiire theicon ; -An Act respecting the (Quebec, .Montreal, Ottawa, and Occidental Railway. After wliich his l''.xO('llcncy t ho Lieut enaiit-downior was pleased to elosc the 'I'hiiil .Session, tlie Tliinl Piirliiuneiit dl'liie Piovii.ee of (jm'l)ee, with the following speech: lIoNOtniAltl,!-: (iKNTLKMKN Ol' Illi; Li'.r.lSI, AT1\ K Ctl'.NCII.: (iKNTi.i Mi:s Ol' riiK l.i;(iisi,Arivi', Assi;miii,v : Bkinw desirous of iiseertiiiiiiii";. in a coii^titutionid maniiei, the teelinni- of the people ot' this I'rovinee, re^anlini^ tiie present state of puhlic atlairs, and the niiiiiiteriid changes which liave just taken place, I have determined upcM) p oroguing ihe Legislafua- of tliis Piovinee, with a view lo its dissolution at an early dale. 1 sincirelv entertain the hope that the electors of ihis I'rov' ice will, in the elioice of tlieir representatives, exhibit as iniieh judginenl as patriotism In order to assure peace, prosperity, and happiness to the people of this Province. 'l"he Provincial I.egislature was then proro^ueil to Thursday the eleventh day of April next. Louis BcAnui'.N, Speaker. lime Kxhibit No. I. No. .{()._ VoTKs AM) Pito( i;i'.i)iN(is of the Li:!asi,A i ivi AssiMiir.v ot the Piiovisci: of QiKHKc. — Qi'i'.uKc, Thursday, 7th March iS7S. The Honourable .^Tr. Aiders, seei>iided by Honourable .Mr. Church, moved that the House do now adjourn, and tiuit it do stand adjourned until ;$ o'clock to-morrow aficr- n(Hin. Mr. riyiich, seconded l;y Mr. Loranger, iiioxed in amendment, that this House do not now adjourn, but that it be Resolved, — Tiiat this House de-ires to reiterate its cxpres,i,>n ot loyalty and attaclnnent to Her Maiesty (jucen Mctoiia, and its perfect submission to the Constitution. That this House renev.s the decl.u'ation of its confidence in the De Boucherville Administration, so often and dci'idedly exjiresscd dmhig tlie present session. That this H(.usc desires firmly and cmphalicaliy to declare tiiat ir has n'>t and cannot have coni'dence in any a iministration which may '.'■' substituted for the one dismissed, — inasmucli as such dismissal occurred whil>t the i)e HoucherviHc .\dministr;it,i(Mi enjoyed the entire confidence of the large niajority of the repre>ent;Ui\es of the ueopie, in Pro- vincial TiCgislature assembled; unless such Administration to be appcMutcd be a strong and etiicient one chosen I'loiii the party represented by the niajority of this House. That the foregoing resolutions be rcfcrrel to a .Select Committee composed of .Messr:!. Wurtele, Taillon, 'I'arte, the mover and the seconder, (o prepare and r port the draft t)f an ad.lress to his ICxecllency the l.ieutenanl-Ciovernor in confoimit,- with the said resolutions. And objcclion having been taken that this motion was not in ord--, inasmiu'Ii as allusioi is made to the dism' sai of the Menit)ers of the (iovernnu'tit, and that there arc no docu- ments relating to that suitjeet before the Houst' ; And another objection having also been taken that the main motion was not in ordt r, as two days' notice was not gi\en ; Mr. Speaker ruled : On the first objection :" 'I'hat the matter is befoie the House; th.it it was brought " up in the House on the -Ith March instant, by the lionourable member for Mont- " morency ; " And, on the second objection, " That a motion to adjourn is always in order." And a further objection having been taken that the motion in amendment was out of order, inasmuch as no motion in amendment can be nuuie to a inotioii to adjourn the House. Mr. Spc ker ruled ; "That the moti''"' can be made, as wo may liuil similar piecedeiits in tin journalsj oC •' the House of Commons." G a And fmtliei- objection having been taken that the inoliim in umcnchnent has no reference to the main motion ; Mr. Spcaiier ruled : " That he had already given his decision on that objection.'' And the motion in amendment having been put, it wa "'greed to on the foMowing division ; — Yl-.AS. MM. Allcyn, Angers, Baker, Chiiinpagne, Chapleau, Charlebois, Church, Deschenes, Dulac, Diipont, Kortin ((jas|)6), Fradcttc, (larncau, (lauthier, Iloiidc (Maskinongt'), Iloudo (Nicolct), Kennedy, Lacerte, Lalonde, Larochelle, Lavalh'-e, Le Cavaher, Loranger, Lynch, Martin, Mathicu, Mctrauvran, I'eltier, I'icard, Sawyer, St. Cyr, Tailion, 'Parte, Turcotte, and Wurtcle. — iV6. Nays. MM. Bachand, Cameron, Chauveau, l)e Beaujcu, Forlin (Montmagny), Laberge, Lafontaino, Latiamboisc, Marchand, Molleur, PA,qucl, I'refontaine, Rinf'ret dit Malouin, Shehyn, Sylvestre, and \Vatts. — IG. The question on the main motion, as amended, was then put and carried on the same division. And objection be'-^^ taken that this Conmnttce has been named during the sitting of the House, and not having adjourned to allow the Committee to meet, the Committee cannot report ; Mr. Speaker ruled : " That inasmuch as (committees appointed to draft addresses in answer to Speeches from the Tlirone are accustomed to report at once, without suspending the proceedings of the House by adjourning, therefore, the same proceeding can be allowed in tliis instance." And appeal having been made from Mr. Speaker's decision. The (juestion was put and the decision miintaincd on the following division : — • In favour of Mr. Speaker's decision. MM. AHcyn, An .^rs IJaker, Champagne, (Jhaploau, Ciiarlebois, Church, Deschenes, Duli'.c, Dupont, Fradette, (Jarncau, Gauthier, Houde (Maskinonge), lloude (Nicolct), Lacerte, Lalonde, Larochelle, Ijaval('!e. Le Cavalier, Loranger, Lynch, Martin, Mathieu, McGauvran, Peltier, Picard, Sawyer, St. Cyr, Tailion, Tarte, and Wurtcle. — 32. Against Mr. Speaker's decision. MM. Bachaiid, Cameron, Chauveau, De Ueaujeu, Fortin (Montmagny), Kennedy, Laberge, Lafontaine, Laframboise, Marchand, Molleur, P.lquet, I'refontaine, Kinfret ^7S, Resolved, that the following address be presented to his Excellency the Governor General of the Dominion of Canada, to the Senate and Conuuons of Cai)ada, and to his Excellency the Lieutenant-Governor of the Province of Quebec. , ■ , ■ V ■ •- Attest, E. SiMAim, D.C.L.A. Legislative Assembly, Friday, March 8. 1878. R'^solved, that the said address be engrossed and signed by Mr. Speaker, and thai it be transmitted to his Excellency the Lieutenant-Governor of the Province of Quei)ec, with prayer that he transmit the same to his Excellency the (iovenior General of Canada, and .liat the said address be also transmitted to the Senate and House of Commons of Canada. Attest, E. Sim Mil), .1 .• r. D.C.L.A. To the Honourable the Members of the Senate and of the House of Commons of the Dominion of Canada, in Parliament assembled. The humble address of the Legislative Assembly of the Province ot v," icbec, respect- fully showeth - That it appears from the expl.'uiations given liy the Honoural)le >L Angers, and from th'- otHeial correspondence coninmnicated to this House,t liiit his Ivxcellcncy the Lieutenant- Governor ackniiwk'dges that tlie mendjcrs of the De Boueherville Cal)iiiet have acted in good faith in the dischar-'e of their duties : That his Excellency has allowed the measures submitted by his Gox'ennnent to this House, and to the Legislative Council, to be discussed and voted upon without order on his part to suspend them : G t 50 That whilst asserting their devotion t<; our (Jracious Sovereign, nnd their respect towards his Kxceliencv the Lioiitenant-Goveri)oi of this Province, tliis House is of opinion: That ihe dismissal fioiu offict- of the De Houcherville Cabinet has taken place without reason, constitutes an eminent danger to the existence ot responsible government of riiis Province, and is an alaise of power in contempt of the ninjority of this Houf^e, whose confidence they possessed, and still possess, ar.d is a violation of the liberties and will of the people. And >our petitioners will ever ])ray, Legislative Assembly, Quebec, March -s, 1878. I have, &c. Loi'iH Bkauhikn, Speaker of the liCgislative Assembly of the I rovince of Quebec. Govermnent House, Quebec, SiH, March IS, 1878. I HANK the honour to lorward you an address to the Honourable the Senate and House of Commons of Canada, voted by the Legislative Council of the Province of (Quebec, on the 8th instant. I have, &c. The Hon. H. W. Scott, L. Li:ri:i,i.ii',it. Secreiary of .Stale, Ottawa. Legislative Council, Friday, March s, 1878. Kesolved, That this .Address be engrossed and signed by the Speaker of this House, and transmitted by iiim to his Excellency the Lieuienaiil-Governor of the Province of Quebec, with a letpiest that he will transmit it to his Excellency the Governor-(jencral of the Dominion of Canada, and to the Senate and House of Commons of Canada. Attest, HoicuKH Dr. Boi:cui;iivii,Li:, Clerk, Legislative Council. To tlie Honourable the Senate and House ol' Connnons of the Dominion of Canada. 'I'lie liuniblc Address of the Honourable the lA-gislative Council of the Province if Quebec respecli'uUy showeth :-- Tiiat it appears from cxjilanatiou given by the Honourat)le AL De Boueherville, and from (■tiicial correspondence coutuuinicated to this House, that his J'Aeellency the Lieutenant-(jovernor acknowledges that the Members of the De Boucheiville (Cabinet acted in good faith in the disihurge of their duties ; That his Kxcellency permitted the Bills submitted to lliis House, and to the Legis- ]a!ive .\ssembly, to l)e discussed and volcd upon without any order on his part to suspend them ; '1 hat, v\liil>t expressing its loyally and devotion to oiu' (Jracious Sovereign, and its rcsi,ect f()r the Lieutenant-Ciovernor of this I'rovince. this House is of opinion : That the dismissal I'rom oliiee of the l)e lloucherville Cabinet iiaving taken place witlu'ur sul!ieicnt cause, constitutes an imminent danger to the maintenance ot respotisible govcrntnent in this Province, is an abuse of power exercised in contempt of the majority (d'botli Houses whose confidence they possessed, and still possess, and a violation of the riglits and uil! oft lie people lAgislati\e ( ,'ouncii, I'ridav, .March S, l'^7H- Hi;Niiv SrAKNi:.s, Sjicaker, Legislative Council. 57 MeSSACJK from His ExCF.U.KNrV the GoVERNOH-trKNEIlAI,. Dl'KFEHIN, The Governor-General transmits to the Senate and House of Commons a Mcmo- ranlum from his Honour the Licutt-nant-CJovcrnur of the I'rovmce of Quel)ec, with accompanying documents, containing cxphinations in reference to the recent ministerial changes in that Province. Government House, Ottawa, March 26, 187H. (Translation.) To His Excellency the Kii>rht Hon. the Eail of Dulferin, K.P., K.C.B., G.C.M.G., Governor-General of Canada, Ottawa. Government House, Quebec, My Loku, March ID, isrs. The annexed explanatory case which I now address to your Excellency will, I am persuaded, have the effect of showing that I have always acted towards M. DcHoucher- ville and his colleagues with good will, and with every desire of atibrding to them co- operation during their tenure of office. W'liat might have tended to produce unfortunate conflicts between myself and my Cabinet was almost invariably sniootlied over by niv friendly desire to overlook the irregularities wliich I have noted in the present statement of facts. 1 hope, my Lord that the diflicult position which 1 have been compelled to occupy will be justified, not only because it is constitutional, but also because the conduct of my Cabinet endangered not only the prerogatives of the C. jwn, I)ut also tlie most impi)rtant interests of the people of this Province. 1 have, SiC. (Signed) L, Lktisli,i"l;i{, Lieutenant-Governor. nnd the binet (Translation.) To the Right Hon. the Earl of Duff'erin, K.l'., K.C.B., K.C.M.G., Governor-General of Canada, Ottawa. Government House, Quebec, Mv Lord, ALirch Is, 187'^. I HAVE the honour now to submit, for your Lordship's consideration, documents and details which I could not lay before the public, but from wliicii it would have been more clearly understood that the dismissal of M. DeBoucherville's (Jabinct was forced upon me by circumstances. These details are not contained in the correspondence which f authorised iM. De Bouclierville to place before the Houses, and which are hereunto annexed. From the day that I was, by your Excellency, raised to the position I occupy at ])resent, all my private relations with tiie members of my Cabinet, up to the time of their dismissal from office, were, I must admit, generally of an agreeable nature ; but in those of an official character witl) the Premier I almost invaiialtly felt that I did not enjoy that entire contidence on his part which is the chief element of a cordial understanding between the Representative of the Crown and his advisers. After haviag studied the general state of Mic atlairs of our Province, after having become convinced that legislative and adininiLUrative changes were becoming more aiid more necessary, F decided upon using with moderation, and with the greatest possible discretion, the influence attached to my position, in order to obtain the realisation of that which I deemed to be of the greatest advimlage to the Province. I regret to statt: to your Excellency that, although ^L DeBoucherville did, on most occasions, take my advice in good ])art, and generally approved of it, he nevertheless almost always acted as though he had never received it. Nevertht-less, far froui using N 334. H 6fl my authority to obstruot his iiction in any way, I invariably trcatt-il iiiin with great inoulgcnce, aa will appear to your Kxcellency by tlu' following tacts : — 1st. During the Session of iS/tJ a Bill had been read three times in one ol" the two branches of the Legislature, and only twice in the other. ThivS Hill, hearing all the certificates which were nt. essary to imlure nie to believe that it hud been regularly passi'd and adopted, was submitted to n\v by the Premier f')r my sanction. In consequence of being left in ignorance of these facts by luv advisers I sanctioned the Bill. ." ." . Not long afterwards I was informed of the irregularity, and I immediately spoke of it to the Premier. 1 made the observ.ition that s'.ich an act would entail too serious con- sequences to allow of its being passed over. As a favour to i im, however, I passed over this instance of irregu' ir legislation, which was then irreparable. 2nd. During the same session another Bill was submitted to me for my sanction. On examining it, I perceived a blank which hud not been filled up, which I pointed out to the Prenuer in tne following letter ;- " (Private.) ** Mv DKAR I'uKMiKH, Qucbcc, December 27, IS/^i. " A Bir.i. (E) which originated in the Council, was passed by the Legislative " Assembly without amendment ; upon reading it, before aiiding my certificate of " sanction, 1 noticed that a blank had not been filled up in the seventh line of the sixth " section. " You followed the usual practice in not fixing the amount of the penalty in the *' Legislative Council ; but the matter passed unperceived, or the officers, through some '■ mistake, omitted to insert the amount fixed by the House, or it maj' have been an " error in the proof sheets. " While on the subject of these mistakes, you will find another in the second section " of the same Act, wherein the word '■ (imemler ' is in the infinitis'C mood. I notice this " latter inaccuracy, to which I do not attach much importance, only because I discovered " another in an Act in which I had to point out to vou an omission which I consider " fatal. " Yours very truly, " (Signed) L. LKTLi.Ltiiu." The Premier came to me and said that he regretted the omission ; he requested me to give my sanction to the Bill in the state in which it vas. The conciliatory spirit which i showed in granting my consent s.^enied to please Iiini. .3rd. In JNIarcli I.S77 {vhli' Appendix A), my advisers caused me to make an appoint- ment of a municipal councillor for the south ward of the village of Montniagny, under the pretext that there had been no election, or that it' such election had taken place it was illegal. The whole of the circumstances connected with this case I deem it my duty to explain to your Kxcellency, on account of the important principle involved therein. After due personal examination of the petitions and other accompanying documents relating to that election, I called on the Premier, at his own otiice, to beg of him not to hurry the appointment which he was asked to make of a msuiicipal councillor for that locality, before receiving more ample information. I pointed out to him that it appeared that n municipal election had taken place, and that in such case, as a principle, the Executive Council should not interfere. I added that from the moment that a legal, or even an illegal election had taken place, the duty of deciding it rested \\'\\.\\ the Courts in accordance with the ordinary course of law, of which they are the interpreters. I then intimated to M. De Boucherville that I maintained on />ri//iip/,> that all matters cognisable by the .ludiciary should be invariably left to the (Jourts, which, from their organization, are better tilted than the Executive to inquire into matters of fact and of evidence, and that I would never allow the substitution of the powers ot the Executive for those of the Courts, when the latter had jurisdiction. The Premier admitted that that opinion and the principles on which I based it were in conformity v/ith his ideas, and necessary tor the proper Administration of '"'9 justice. He asked me it' 1 would ooiiseiU t(» str M, Angers, the Attorney-Cieneral, on the siubject. I at once consented, and tlie Attoiiiey-CJi-ncral was iiunvjdi.itcly sent f<)r;the nets connected with that election diffimlty, and tny views regarding tliem were then eoiiunu- nicated to hitn. He promised that I >e fore any appointment should he mir''" hv the Lieutenant-CJovernor, he would innke in(iuiry. Shortly afterwards he reported to nie that he had made an inquiry into the tacts of the case, and at his suggestion, I appointed Jules Hehinger to l)e couneillor. In the beginning of March IhJJ difficulties and quarrels arose ai Montraagriy in con- sequence oi that election. After that appointment those quarrels broke I'orth afresh in the municipal council itself, from which the councillor whom J had thus been caused to appoint was expelled with violence. That appointm<'.it I was recommended to make, notwithstanding the fact that an election hud taken p'.ace ; that it had been held .md presided over by the Mayor, that Eugene Fournier had been returned by acclamation, that he had been sworn in according to Jaw, .;nd that, at the very time when the appointment of Jules Belanger was recommendeu to me, the person thus elected had in fact taken his seat, had been sworn, and had sat at the said (Council, as appears by the minutes of the council. Wnen 1 aficrwards learned these facts, 1 communicated them to the Premier, whom 1 requested to prepare a revocation of the appointment which 1 had thus been caused to make, contrary to the principles al)ove set lorth, and the justice oi' which he had himself admitted. The Premier answered that the matter was of a very delicate nature, a? such a pro- ceeding would be contrary to the rectnnmendation of M. Angers, his Attorney-CJeneral ; he concluded by saying that he would get him to prep)are a report on the subject. I received that repoit some days later. After having read it, I again intimated to M. De Boucherville, that in the interests o\' peace, and in conformity with the principle that executive should not be substituted for judicial power m matters within the province of the latter, I insisted upon the revocatisti'ut,e executive for judicial power, without notifying me, and especially without advising mo on the subject. It was easy for the Premier to understand, from my remarks and the frequent con- versation which I had with him, that I could not consent to see Her Majesty's subjects despoiled of the right guaranteed to them by Magna Chart a, that their property should never be interfered with, except in virtue of a judgment rendered by the tribunals of the country. 4th. On the 1 0th March ls77, behig on the eve of absenting myself for a few days 1 wrote to the Hon. M. Chapleau, and in a postscript I said: "Please oblige me by telling the Premier that if he needs my concurreu'-a, Mr. Gauthier may bring down to me the documents requiri'ig my signature." .M. De Bouchciville should have umlerstood from that, that if I was ready to give my concurrence, it was on condition of having all documents submitted to me betbre signing them. H 2 60 I leave you, my Lord, to juilge in what luar t-r my viewd were mteiprctcti. 5th. I'lidcr (Irtte erf' the Gth of Noviinbcr last, I tiddrcsied to the Ilonoiiralde M. De Houohcrville the letter of which the following is a copy : — " IVivate. "My dkaii De BoiCFitJiviLLK, Quebec, Noveml)er 6, 1H77. In the lust " Official Gazette" were published under my Kignature, two proclama- tions whii:h I had not signed. One was for the Huni..ioning of failiauient, which I had reserved in order to confer with you, the other, which I did not even see, iip|H)ints a day of Thanksgiving These proceedings, the nature of which I shall not characterise, eutiiil, apart from their impropriety, invalidities which you will easily understand. Yours, &c. The Hon. ('. B. l)e Honcherville, Premier. (Signed) L. Letkllieu." The I'ollowiig iiie the notes which I took of the conversation which I had with M. De Bom lierville on tlic subject. " M. Df Bou'jherv iUc came on the same day he reccivil the letter to tel! me that he regretted that the thin<> had oXMirred, and that it was no fault of his. I accepted the excuse, and I then told hint thai I would not tolerate my name being used, when necc.s- .sary f( r any duty of n.y office, unless thc' docnniciits rc()uiring my signal arc had been previcmsly fubmitted to me, and unless information was afforded to me ; \ 'lich M. Do Btmcherville assurid .ne would be the coursi- followed in fi? rre. (Signed) L. L." 6th. But my Lord, there is another r (itit stili more important, which I cannot any longer refrain fiom mentioning. From the conversation Avhich f liav • held with Xf. De Bouchervillc, tliere results a fact, which, if it were known, would of itself have sufficiently justified me in lielicving that he did not possess the confidenvj of tlie people of this I'rovince. On two different occasions, sf)mc time afler tlie session of 1877, I pointed out to liim that millions had been voted to aid railwiiys in jrenera] at a time when oiu' finances did rot appear to mc to be in a condition to warrant, all at oiuv, a lavish expenditure m 8ub:-idizing these nunvrous undertakings, parliculaily as, apart from that, our credit was " so he.'vily pledged t,owaid.-i the biiiliiing of the '" Quebec, Montreal, Ottawa, and «' OccidtMital Railway." lie \(ry frankly avowed ehat these grants, though they were for the d<'velopinent of the I'jovince, had been necessitated by political con.-^ideratiori.s ; that without them, tlie support of the members whose counties were traversed by those railways would o.ase to be secured to (iovcrnment; that there would b..' no means of having a majority ; that those members formed comljinations— '' rings " — te control the liouse. M. De liouchervilh. is not unaware that 1 thereupon told him that it was better to save the Province than u Government, and that it his Administration was not strong enough to resi.-t those influences, it woulu be better for him lo Ibriu a combination df honest auvl well meaning men, from bolii sides <-' tin House, la'lier than submit t- ttie dictation ot tiiose "rings," and to the control of those comliiaati^/os, When he made no attempt to escape from ti'at (ieleierions influence, after his own avowal that 1 he Legislature was c:)ntrolled by those " rings," when by h's legislation he soiigiit to lavoui" them ar.ow during the last session, without fiaving previously advised with rae, had I not tlie right, as ihc Kepresentative of ray Sovereign, to bc'ievc and to be convinced that M. DeBouchervillc did not possess a constitutional r ajo. ay iu the Legislative Assembly. 7th. fr. conii.ii:'.iicdting to both Houses my .Memoranda of ^hc 2i>th February and Ist March last, th. 1 Vernier and Afr. Attorney-General .^i.gers, in violation ot their duty, overstepped tie authori.sivtion which f had given by my letter ot' the Ith of Marcli last for that purp(.isc. They added to that communitation a rejiort of pretended ctjnversa- tions, tlie conectness of which J contest, and the impropriety of which I maintain. I shall poii,' )ut, my Lord, one fact alone to prove Lhat incorrectness and that im- propriety. 'I'he Hon Messrs, DeBouchervillc and Angers, in th"ir crplanations to the two l^ouscs, la\ great stress on the telegram which M. De Boucherville despatched to me at Riv.'Are Quelle, to ask my permiwsion to introduce resoiutio.is concerning the fiaauces, aiid o;i the blank 8i.-nature that 1 sent up in answer to it. 61 fiut these goiitlrinoii tlu'iuselves had that blank signature filK-d up by my priviifc sponno-y, so as to !riv<' to the tclegiMin the ineiiiiing wliich I attributed to it, namely, ii request lov DernMssion to inlroduie tlic supplies. The Ibllovviug is a copy of the message produced wiMi that l)lank si^natuie :- "Mr. 'rivuMuer (Ihurch prcKcutcd a message from his Excellency the Lieutenant- (lovernor as ibllows: — to M. De " L. liKTi I i.iin, " TiiK Lieuteiwuit-(juvernor of the IVovince of Quebec ttausniits to the Legis- lative Asseiubfy the supplementary estimates for the ciurotit yoar and foi the fiscul year endinu; .'idtli .luiic Ik7\). uhich, iti contormity with tlu- provisions of the 54th section of the British North America Act, 18(57, lie recommends to the Legislative Assend)Iy. " Government ITouae, " (iuebic, ;U)tli January, lcl78." My ministers never had, by their own admission, any other authorisation from me for the iniroduclion of their railway and taxation lesolutions than the blank signature above mentioned, in which not tt word is said of them. Besides which, it will he noticed that the niilwiiy resolutions were introduced on the '29ih January, whereas the message is dated the 3(tth. It is for this reason, my Lord, that 1 bring to your knowlodiie all the tacts and details which are connected with the relations which i have had with M, Lf Houcherville and Iji.s colleagues. Were tlie ctmtroversy with mc alone, as a pri\ ate indiv iduiil, I would abstain from any remonstrance again,--t tlie injustice of their reflections upon the coti^r7, niy firm determination to protect the inhabitants of this Province against the arbitrary decisions of tlie Kxecutive in matter-, withm the jurisdiction i)f the courts of justice, he thought proper, without mv participation and without advising nie. to propose to boib Houses, in legislating for the " Quebec, Montreal, Ottawa, and Occidental Railway," li substitute the power of the Kxecutive ibr that of the Judiciary. t)th. T'hat, without having advised no, and without having received authorisation of any sort whatever from nic, the (iover.ineiit of M. De Boucherville proposed to the Legislature a measure of almost general tax<:uoii upon the ordinary contracts and transac- tions of life, transfers of bank stock, &c., v4::le no message from me had been asked for this object, nor signed by me to authorise its p'oposition t( the Houses. ■^ih. That, after its dismissal, the Government of M. De Btmchcrville again failed in itt duty by assigning reasons Ibr the adjournment of the House from day to day, different H 3 02 thf Lri^isliuivt ('ouncil, and hv tlic Attornoy-Citiieral to the l-i'gislutivt' A^nvei>aiioiiN wliicli tlify liiid im iiutliority whatever from those agreed on between myself and tfie I'leuner, iit ilie risk oJ pri'iutlieinp; publie opinion against the HepreMentativc of the Crown. Hlh. That at the time iif the romMiiiniention ol the taulanations whieh were given l»} the I'rtnuier to e Conneii, and hy tlie both of tliem referred to [ireteiKiod e(>n\ to ooiiiuuinieate to th«! Legi^ltitinv, -ince the I'lemier had, l)v bin aimwer to the letter of the Ijenteimnt-tiovernor of the Ifh March la^t, limitcil hi;- explanations to the eoinmiinieation to Itoth Houses uf my Memoraiuiu of tiie 25th Feiiruarv and 1st March, and the anHwers of the I'reinier iif tlie 27th Kebniaiy and of the 2nd and Itli March, instant. yth. That, therefore the additions and the comments made by the Premier before the Legislative t.\)uneil, and liy the Altorney-Cuner.il beKnc the Legislative Assembly, were contraiy to the conditions agreed upon between the Lieiitenant-(tovernur and the 1 Vernier, loth. That the Pnnii<'r and his ecill< agues, iiy in.ikmg use of pretended private con- versatioiib to explain the cause.- of their (lismissal, in contravention to their duty to the Crown and to what they had pledged themselves to observe with retjard to it, have jilaced the Lieutenant-Ciovernor under the neees;-ity of bringing under the notice uf your Kxcellciicy all the leaHuna for that disnu'asal. I have, tec. (Signed) L. Lethtjkr, Lieutenant-Governor. fr. •Vpi'ENdix a. (Translation.) Sl.MMAItV ()|- OlIiClAl. RtCOHI). In .lanuary IH77an election had taken place for the southward of the village of Montmagny. That election having been declared null and void by the Court, it onlered a fresh ele«'tiuii, and appointed Eugene llamond to preside thereat. On the day fixed, Lugene Ilainoud reiiising to preside, N'a/. Hernatchez, Esq., Mayor of the nuinici]^ality, the senior magistrate present, presided. The meeting elected Eugene Eoiirnier. Eugene Haniond wrote to the Lieutenant-Governor that he had not }>resided at the meeting, without addimr, however, that, there had been no election. He recomnieuded at the same time, that Jules Belanger lie a])pointcd. Eiigc'ne I'ournier, elec'-d at the meeting of the 19th Eebruary, took the oath of office and took his seat on *lie 23rd February. On the 3rd of Manh \hv /Vttorney-deneral (M. Anger?) recommended the appoint- ment of Jules Belanger, who was accordingly appointed on the 7tb of ihc same month. On the lOth of March Mr. Bernatchez, Mayor of Montmagny, addressed to the ie nuiichenillc mu) cDiMmiinicatv to the Hounoh that, the luljonrnnifnt from iliiy to diiy is roinlertul necessary by the last-mcntioiu'd cuiisi', (Signrtl) L. Lki'i.i,i,ii:h. To the Hon. V. B. De Boucherville, Quebec. (TiiinHlution). Your Excbllkiscv, Quebi'c, Mftich I, IH7H. In conformity with youi wish expressed in ii letter of to-dav'^ date, I Hhull withhold, until the formation of a new Rxeuutive Council, the explanations I was autho- rised by your Excellency to coniiuunicate to tlie [lou»e.'<. I have, iSfC (Signed) C B, l)i, BotriiRiiviLLB. con- o the liavv' \ou r (TranMlution.) Ciovernnient House, QucIk-c, February 2."), I87H. TiiK Lieutenant-Governor desires the Kxecutive Council to prepare, for his consideration, a "factum" containing a copy (»f the following documents, viz. : — 1. A copy of the Acts of the Ke(leral Parliament autliorising the construction of the railway now known ui'uler the name of " Quebec, Montreal, Ottawa, und Occidental," an well as a copy of the Acts of the Legislature of the Province of Quebec respecting the said railway 2. A copy of the Acts of the Legislature of the Province of' Quel)ec, respecting the building of the railway between Quebec and Montreal, which line is commonly designated by the name of "North Shore Railway." ',\. A copy of the byelaws of each of the municipal corporations by which they under- took to help in constructinn the said railways. 4. A statement of the amount of the bonus paid by each of those corporations, and a cop3 of the correspondence between the (ioverimient, its conmiissioners, or the lontractors for the said railwaxs, and the at'oresuid municipalities, with regard to their bonus or subsidy. 5. A copy of tlie various contracts entered into for the building of those several roads. H. A copy of the otticial or contidential reports of the enyincer.s whv) lia\ e been ordered to locate those lines of railway in whole or in j)art. 7. A copy of the report of the Railway Commissioners submitted to the Houses, during the present session, witii regard to tlie said railways. 8. A copy of the representations made to the Government by the muiuci^jal budies so interested, or the ratepayers of those nmnicipalities, with regard to the coiiditions of their bonus or subsidy. 9. A copy of the resolutions which have been proposed to the Pni\incial L'.'gislalare during the present session, with regard to the aforesaid subsidies, and to facilitate the payment and collection thereof 10. A copy of the Bill l)a.sed on those resolutions which has been introiluced in the Legislature of Quebec during the present session. U. A plan .showing the several locatings of each of the said railways or of any part of them. 12. A statement of the reasons which led the Provincial Government not to be satisfied with the provisions of the statutory and public law, and of the Civil Code of this province for the recovery of u.iy stuns of money which may be due by those corporations, but, without previously advising in anv way with the Lieutenant- Governor, to propose o.v past furto legislation, to compel them to pay. Another very important Bill, io make pro\ision for levying new taxes, has also been proposed to the Legislature, without 'lavin'.^ been previously sivbmitted for ihe con- 8ideratiKi>*'Aturt-, witli rt'Hanl tu ineHHiirfH wliiih an- ot u lu-w iiiui impurtaiit rharactrr, without hJH Hpcnul autlmritution, ntid without hiR having bt'cn prcviouoly fully inlornifd iimi ttdviHt'«l 111 nspfct there*)!'. (Signo(i) L. Lktkij.ikh, Licuti'nnnt-Govcrnor. ('rranMliitioii). To Ills Kxceiifiicy the Licutrnnnt-Ciovcriior of the Troviucc ofQucbec. Yoi'ii KxcKi i.ENf \, Quebec, Fi'hriiiiry 27. Ifl7^. I invK the honour to ackiiow ledge receipt of the Mcnioranduiu which your I'.xccllcncy caused to be handed mc ye'terday iiniinooii b\ your aidc-de-cainp, who inforined me at the same time that \oii were ill in i»cd I have Huliniitted that MenKMiunfuni to the Lxeoutivc (.'ouncil, and will nev, as your Excellency ilcsircs, that dili^^oncc is used to cause all the documents asked lor to be transmitted to you as soon as possible. Anticipating the f h tuin which }our lixcclleiuy wiidies to hnvc, and which will contain a more detailed statement of the niotiyes which have induced tfie I'rovinciiil Cioveminent to|iropos(! the measures to w'lich you draw my attention, I deem it my duty to represent to you ; That, amongst others, the reasons which led the (lovernmcnt to submit to the I^egisla- ture a law compelling the iniinii ipalities to pay their subscripti(.ns towards buildintj the provincial railway, on the decision ot the Lieiitenaiit-(i()vernor in Coimcil, luuh-ra sworn report of a compefent engineer, and alter a IT) days' notice, to give thi^e municipalities an oi)portiinity of being heard, art the manifestations of bad faith of certain nmnicipalities, shown ill certain cases liy their iii^lecl to respond to the calls of the Treasurer, in others by their formtil refusal to pay, and in certain cases by rcsolutitms adopted demanding new conditions in respect to thf agreements they had entered into with the (iovernnient. The (iovernnient believed that, without such legislation, the object of which is to avoid the sIowiicsb of ordinary judicial proceedings, the result of the bad faith of the miiiiicipalilies would have l)een either to necessitate a new loan by the Province, and tlierefore an uiijiisi cliarge upon municipalities who had entered into no agreement, and who are to derive no immediate advantage from the construction of the road, or to put a com]>lctc stop to the works begun, Avitli the inevitable loss of the interest on the enormous capital already invested ill the enterprise, .md the other dnmages which would rcsuU. The Government, firstly obliging itself by that law to t'ulfil the conditions agreed upon with those municipalities, believe that in substituting for the ordinarv courts, the Liiu- teiiant-CTOvernor with an Kxecutive (.'ouncil, responsible to the Legislature and to tlic people, they were otJ'criiig to parties interested, a tribunal which insured them as many guarantecj as the ordinary courts. 1 would further bring under your Excellency's notice that provisions of a similar nature to this legislation exist already in our Statutes. I may cite to your FiXcellency cap. 8.'< of the Consolidated Statutes of Canada, and also cap. 47 of 'M\ Viet, of the Statutes of Ontario. I lespectfiilly submit to your E.\cellency that a law framed to better assure the execu- tion of a contract cannot produce a retroactive eflcct ; it enacts for the future, and has for its end ihc respective iiitcrests of both parties. 1 would now beg your Excellency to obser\e that while you were at Riviere Oueilc, I had the honour to ask your authority to put the question of finance before the House, and that you kindly answered, stating yon v.ere forwarding through the mail a blank, which act 1 took at that time as a great mark of confidence on your part. I received, in fact, a blank, with your signature, and I gave it to the Treasurer, who had it tilled up by your aide-de-camp. Later 1 had the honour to ask your Hxcellency lor a general permission to submit to the House measures concerning money matters, which your Kxi'elleiicy gave mc with \-our ordinary courtesy. That permission, 1 may say, had always been granted me by your predecessor, the lainenterl Mr. C'aron. 1 must admit that with that permission, and being convinced your r>-ceileiic> iiad read the 'riensur(r'> s[K'eeli, in which he announced the faxafion sub- sequently proposed, 1 considered nu self authorised to tell my colleagues that 1 had your permission for all money measures. i beg your l']xcel!ency to lielitNC that I never had the intention of assuming tlie right of having measures passed witliout your approbation, and that in this case, having had nrcHiiion to cdiifor witli ;, inu ordi ri* to xiiMpcnd it, I
  • l n )t tliiuk vuiir Kxcvllcncy woultl hcv in that riu'iiHurc ai)v intention on my put ol' disioganling yotir picrugutivci, which nobody ih niori' diHpoSi'd lo rvMpcct und npliold thiin in} tclt. F hiivo, \c. (SioiU'd) (;, I). 1)1, lioKJIhllVlLI.!'.. (Transhitinn.) To the iloii. ('. B. Dk liorciihiiMi.i.i., I'l'iino Minister, (^uihcu . (lovi'intupnt llou8<>, (^ucImv, Mnrch I, |m7h. TiiK F/uiit(niint-(io\«'rnor, takin^^ into considcnition wimt the IVinic Minister mm- innnicattMl to hiin Ncrlmlly (Februiiry 27), unil takiny into coiiHiilcration tiie lottci which the I'reiniir thin hancU'd to liiin, is roiidy ro tidniit that there was no intention on the part ol the Prenner to diNreyard the prcrogativis ol' the (!ro\ni, and tliat there ha-i l>ocn on his part only iin error committed ni ginul fiiitli, in interpretini; as he (hd the v/nnh of the Lieutenant-Governor in their iiitorview i>i"the l!)th Fehrnary instmit, words which did not convey the sense of authorisation whirli the I'reniiei attached to them. With such un interpretation, and the iiii'tiuctionH wliich were in consequence given l)y the I'rcinier to llie lion. Messr,. Angers and Ciuircl), those (jjcntleinen have done no hiiig, knowingly, not in contbrniity with the dulicH of their othce Ab to the bhmk wliicii llie Lieutenant -CloMrnur scut hiiu fioin lliviO*re (Jueiie, the Lieutenunt-(n)veriu)r knew tiiat ihut l)lank would be u.scd to la\ the estiumtes lieforc the ilouHC. That act was a mitk of eoufidenec on his part, 119 the Premier chanietcriscs it in his letter of the 2rtli; but that act was eontidential. The Lieutcunnt-< iovernor deenii* it ri_nht to t)bserve tiiat, in his Memoranduiu of the 25th February instant, he in no way expressed the o] !nion tliat he believed that the Premier ever had the intention of takiiii;' upon liimscif tiie right "of having measures passed witlmut his upprol)alion, or of disregarding the prerogatives of the Representative of the Crown." Hut the Prime Minister cannot lose sight of th(. I'act that, although there was no intention on lus part, in fact the thing exists, as the Lieutenant-(!ov ernor told him. The fact of liavmg proposed to the Houses seveuil new and important measures with- out having previously ni any way advised t le Lieutenant-Ciovernor thereol, although the intention of disregaiding liis |)rerogatives did not exist, does not the less constitute one ol those false positions wliieb ])lace.s the Kepresciitative of the Crown in a critical and dithcult position with regard to the t\so House-- of the Lt'gislaturc. The Lieulenant-(ioveriior cannot admit thai the responsibility of lliis state of atlairs sh(aild rest with him. With regard to the l>ill, intituled " An .\cl lespecting the (,>uel)ee. Montreal, < )ttawa, and Occidental Railway," the Premier cannot claim tbv that measure the .issertcd gtneial authorisatiovi which he mentions in his letter, lor their interview was on the l!)th Feb- ruary, ami that I'ill w.is betoie the Legislature several *ince the last session of the Leitislaturc, ihe Lieutenant. Governor has drawn the atio'ition ol the PK'niicr t .' several subjects regarding the interests of the Province of Quelle, ainoi:g others : Ist. The enormous expenditure occasioned by very large subsidies to sevend railways, while the Province was burdened witii the construction of the great railway frdin (,iuei;'.:^- ycBterday able to taki' cognizance oi some of these petitions, as t!),y had not bi.n cimimunicated to him before he received them in the record. The Lieutenant-Ciovernor, after having maturely* deliberated, cannot accept the advice of the Premier with regard to the sanctioning of the Hallway Hill, intitided " An Act respecting the Quebec, Montreal, Ottawa, and Occidental Railway." For all these catiscs the IJeutenant-CTOveinot cannot conchide tb's Memorandum without expressing to the Premier the regret, he feels at being ni> longirablo to continue to rvtitin him in his jiosition, contrary to the rights and privileges oJ' the Crown. (Signed) L. Lftei-uf.b. (Translation.) Yoru E\t i;i i pncy. Quebec, March 2, 187S. ! HAvt the lionom- to acknowledge the receipt of your Memorandum, in which you i'ome to the coiiclnsion that yni can no longer continue ti< •'."tain me In my position as Piimc Minister 'I'herc is no other duty for me to fulfill but to •;ubmit to the dismissal from office, which youi Kxi-ellency has notified me ot, dn-iaring at ihc same time my <;? profound resptvi iur tht fight>; and privileges of the ('lowii, and my dovotiim to the iiiterentH nf our I'ro' inoe. To ITis FxccUeney the Lieiiteiiant-Governor of the I'rovince ot (^uebee. I have, Sec. (Signed) C. B, Dt; BotieHKitvii.i.i;. Mkssaoi-; from Ills Kxi'ELM-:no\ thk Gdvkunou-Gknkkal. Thk Ciovernor-ticneral transmits to the House of Couinions a letter from the Hon, C. B. l)e Boueherville, having reference to recent ministerial changes in the Province of Quebec. Government Htmse, Ottawa, 8th April 187« and StB, Ottawa, April 3, 1878. 1 HAVK the honour to inform, through you, iiis Kxcelleney the Governor-General that r have this day transmitted to the Hon. the Secretary of State of ( anada a letter or memorandum with annexed document, addressed to Ids Excellency with rcijuest that it may be put in his I'xccllency's hands, and that his I'^xcelleucv the Governor- General may be pleased to lay that letter and annexed document before both I louses of Parliament, M}- letter letter or memorandum being an explanation of the charges biought against me and my colleagues by the Lieutenant-Governor of Quebec, I believe that it is due to uie and my colleagues that our exi)lanations may be conununicatcd to both Houses of I'arliament, in the same way thai the Lieutenant. tiovernor's memorandum was communicated to them, I have, theretbre, to respectfully reiterate my request, And remain. Sir, ixc, Hon. Col. Littleton, &c,, (Signed) C B I)e Bon heuvilm-. Ottawa. ' M. L C. (Copy.) Sn< Ottawa, April A, 1878. I uwv. the honour to transmit herewith a letter, with anne.\ed document, addressed to his Excellency the Cio\ernor-Cieneral. 1 have the honour to request, through you, his Excellency to be kind enough to lay the above-mentioned letfci and documents before both Houses of Parliament. 1 have, &c. The Hon. 11. W. .Scott, (Signed) C, H. Di-. Bot:cm;Rvn,u;, Secretary of State, Ottawa. M. L. (J. To His Excellency the Right Honourable the Earl of nriFKitiN, K.P.. K.C.B,, (i.C.M.G., CiovcMior-General of Canada, Ottawa. M\ LoHn, Ottawa, April >, 1878. The ''explanatory case" addressed to your Excellency by iiis Honour M. Letel'.ier. and accompanying the documents and details which related to my recent dismissal from otiice, and by you transmitted to the .Vnate and House of Commons, contuimng as it does statemetits of tacts, the accuracy of which I respectfully deny, imposes uj/on me the duty of submitting for ymii information and consideration the following : — As your Excellency is doubtless .aware, M Anders hud upon the tabic of the Legislative Assembly on the St h of March last , copies of the correspoudeiu'c and ex- planations by him made at my rei|uesl relating to the disuussal f'roi;i office of the I)e Bouchcrville (iov(;rmnent. This correspondence and explanations, with wome com- I 2 68 nients ot his own, are contained in the copy of the votes and proceedings ot that House of the Dth March, and I respectfully beg to be permitted to annex them as forming part hereof. 1 beg, however, to add to these explanations of M. Angers a i'vw words upon two subjects, viz, : — 1. In the Meniorainluni which I had the honour to address to his Honour M. Letellicr, under date "iZth Februnry, I said ; -" Later 1 had the honour to ask your Excellency for a general permission to nuhmit to th(^ House measures concerning money matters, which your l>xcellency gave me with your ordinary courtesy. This permission, I may say, hud always been granted w.' by your predecessor, the lamented M. Caron." f do not think that the meaning of tliese phrases is correctly rendered in the paragraph in his Honour's letter to mo, under date the 1st IMarch, M'herein he says :— " It is true tiiat the Premier gives in his letter as one oi' the reasons for acting as he did, that this permission of using the name of the Representative of the Crown had always been granted him by the predecessor of the present Lieutenant-Governor, the lamented M. Caron. "This reason cannot be one lor the Lieutenant-Governor; for in .so actmg he would have abdicated his position us Uepresentative of the Crown, which act neither the IJeutenant-Governor nor th" Premier could reconcile with the obligation of the Lieutenant-Cjovernor to tlie Crown.' It is manifest that I desired to say, and that, in fact, 1 did say, that the late M. Caron hud given me that authority for money tnattcrs only. My Lord, 1 respect too highly the memory of that virtuous and distinguished states- man, to allow any such misintcipretatitni of my meaning to pass unchallenged, by which I am madi; to intimate that the deceased M. Caron had abdicated to mc his position as the Representative of the Crown. E\eiy person who knew the late M. Caron and his high legal and constitutional attainments, will share with me my regretful siu'prise that any such imputation should be cast upon his memory. 2nd. That, not having kept any memorandum of such conversations as I had with the Lieutenant-Governor, except tho.se which took place since the 2atli hebruary las:, I have no remarks to make upon the paragraph, wherein it is stated : — " The Premier did not let the (jo\crnor know, then or since, that thi^ Government was in such a state of penury as to necessitate special legislation to increase public taxation," unless it l)(^ that this statement does not seem to me to accord with a preceding paragraph, wherein it is stated thai the Lieutenant-Governor drew my atten- tion "to the necessity ot' reducing the expenses of Government and of the Legislature, instead of havmg reccmrse to new taxes in view of avoiding financial embarrassment." I acknowledge that I never did inform the Governor that the Province was in a state of penury, .simply because I was convinced of the contrary. " The Ijieutenant-fiovenior ex])ressed also, but with regret, to the Premier, that the < )rders passed in Council to increase the salaries of Civil Service servants seemed to hiin inopportune." Ppon this matter I merely desire to remark that these Orders in ("Jouncil were autho- rized by a law passed during the Session of 18/(5. I propose now, my Lord, to deal witii the specific allegations made against me by his Honour M. Letellicr, in his explanatory case, and, for convenience sake, I take the liberty to quote from his Honour's memorandum : — 1st. "Daring the Session of l><7(i, a liill had been road three times in one of the two branches of the Legislature, and only twice in the other. " Tiiis I?i]l bearing all the certificates which were necessary to induce me to believe that it had been regularly passed and adopted, 'v xs submitted to mc by the Premier for my sanction. " In conseiiuence of Ix-ing left in ignorance uf these facts by my advisers, I sanctioned the Bill. " Not long afterwards 1 was informed of the irregularity, and I immediately spoke of it to the Premier. 1 made the obser\'ation that such an Act would entail too serious consequences to allow of its being passed over, " As a tiivour to him. however, I passed over this instance of irregidar legislation, which was then irreparable." In relatiim to this the iiicts will furnish a suflicient answer. The Act in question was a Bill, entitled, " An Act to authorise the formation of societies for the improvement of country roads, and for the destruction of noxious weeds in the Province ol Quebec." it was introduceil in the Legij-lative Council, duly passed that House, and was sent down to the Legislative Assembly tor its concurrence. 69 Apparently in the liiirry of the last hours of the session, after it had been read twice, the ("Jerk, by nnstake, certified it as passed without amendment, and it was thus sent back to the T^egislative Council His Honour came down on the following day to prorogue the Legislature, and his assent was given to this Hill along with otheri?. The error was immediately discovered by the Attorney-Cienerai, who made a report for transmission to Ottawa stating the error, and suggesting that the Act should he dis- allowed. The lion. "Sh. Blake, then Minister of Justice, reported in reply that this waa unnecessary, that the Act, not luivjiig received all its stages, was l)ut blank papei, imd as a consequence it was not printed in t!ie Statutes. In view of this fact, it is diiKcult to understand the statement of his Honour the Lieuteiiant-CJoverndr that, " as a favour " to me, he "passed over this instance of irreguhir Legislation, which was then irreparable." 2nd. " During the s;une sessi(?n anothei I3ill was submitted to me tor my sanction. On examim'ng it I perceived a blank which had not been filled up, which I pointed out to the Premier in the following letter : — " (rrivatc.) " My deah PuKMiKH, (Quebec, December 27, 1876. " A Wu.i. (E) which originated in the Council, was passed by the Legislative Assembly without amendment ; upon reading it belbre adding my certificate of sanction, I noticed that a blank had not been tilled up in the .seventh line of the sixth .section. " You followed the usual practice in not fixing the amount of the penalty in the Legislative Council, but the matter passed luiperceived, oi the officers, through some mistake, omitted to insert the amount fixed by the House, or it may have been an error in the proof sheets. " Wiiile on the subject of these mistakes, you will find another in the second section of the same Act, wherein the word ' amcnder is in the infinite iiiood. I notice this latter inaccuracy, to wlu'ch I do not attach nuich inij)ortance, only becau.se I disi-o\ered another in an Act in which I had to point out to you an omission which 1 consider fatal. " Yom-s, cVc. " (.Signed) L. Li:Ti:i,i.nai." " The l'reini(>r came to me and said that he regretted the omission ; he requested me to give my sanction to the Hill in the state in which it was. The conciliatory spirit which I showed in granting my consent seemed to please him." In relation to this, I have to say that the Act in <|uestion was " An Act to provide for the safety and protection of the public in theatres, edifices and public halls." As stated, it was passed first in the TuCgislative Coimcil, where the blank, being the amount of the penalty, could not be inserted. By inadvertence it passed the Legislative Assembly in the same form. Alter its jjassage, the oniissio.i was discovered, and a short Bill was introduced to remedy it. The Act in which the omi.'sion occuired is numbered 19, and the Act supplying the omission is numbered 20, of the statutes of 1876, and bo h were sanctioned by his Honour the Lieutenant-Ciovernor at the same time. .'^rd. " In March, 1S77 (vii/c .Appendi.x A.), my advisers caused me to make an a])pointment of a municipal councillor (or the south ward of the village of .Montmagny, under the pretext that there had been no election, or that if such election had taken place, it was illegal," &c. As to the third complaint of his Honour, it is difficult to understand, seeing that it had no relation to the dismissal of myself and my colleagues, why it is introduced. Whether wisely or not, llie municipal code of the Province of (Quebec provides that, in ft certain contingency, the Lieulenant-(jovernor of the Province shall appoint a coun- cillor. In the opinion of the law adviser of his Honor, iqum a petition sent in from the village of Montmagny, that contingency hud arisen, and he made a report reconmicnding an appointment. That report was aj)proved, and the appointment made by his Honour. .Subsecpiently other intbrmation was receivetl, which induced his Honour to urge the, revocation of the appointment, and out ol deference to him, while seeing no reason to change its opinion, the (Jovernment yielded, and the appointment was cancelled. ■Ith. " On the IQfh March 1"<77! being on the eve of absenting myself for a few days, I wrote to the Hon. M. Chapleau, and in a postscript I said, ' Please oblige me l)y telling the Premier that if he needs ray concurrence, M. Gauthier may bring down to me the documents requiring my signature.' 13 70 " M. Dc Boucherville should liave imdi-istood t'rom tluit, that it' I was irady to ^ive him my concurrence, it wa< on condition of hiivinj^ all documents Hiibn\itted to me bctoi-e sii'uing them." " 1 leave you, my Lord, to judge in what manner my vii>\vs were interpreted." It would seem somewhat remarkable that a statement to which his Honour appears to attach so much importance should have aj!j>cared as a postscript to what I have reason to believe was a private letter, in no ,->ense relating to public busmess. f may say, how- ever, that a reference to dates will show that thi' documents referred to had relation to the Montmagny ( 'ouncillorsirip, which was at the tune a subject of discussion, and was not intended to have .and had not uny such significance as that attempted now to be attached to it. 5th. " Under date of the t)tli of Noveiuber last, I. addressed to the Honourable M. De Boucherville, the letter of which the following is a copy ; — (Private.) My de.\r Dr: Ror.CHKRVi'Li-ti:, Quebec, November (), 1877. In the last 'Official Uazette ' were published over my signature two pro- clamations which I had not signed. ■' One was for the summoning of F'arliament, which I had reserved in order to confer with you ; the other, which 1 did not even see, appoints a Day of Thanksgiving. " These proceedings, the nature of which I shall not characterise, are productive, apart from their impropriety, of nullities of which you will easily understand. " Yours, &c. " The Honourable C. B. De Boucherville, (Signed) L. LK,TK.i,LrEn." Premier. The following are the notes which I took of the conversation which I had with M. De Boucherville on the subject : — " M. De Boucherville came on the same day he recei\ed the letter, to tell me that he regretted that the thing had occurred, and that it was no fault of his. I accepted the e.vcuse, and I tiien toM him that I would not tolerate my name being used, when neces- sary, f()r any duty of my otiice, unless the documents re(juiring ni}- signature had been EreViously submitted to me, and unless information was atibrded to me, which M. ►e Boucherville assured me would he the coucse followed in future. " (Signed) L. L' It is a suHicienl answer to this complaint, to say that the proclamation for the sum- moning of the Legislature lor the despatch of business, was not published until the 24th November, and it could not, therefore, be thai proclamation to which his Honour referred in his letter of the (ith November. The proclamation to which he refers was the mere I'ormal one by which the meeting of the Legislature is further postponed from time to time ; and I am informed that the ( )rder in Council for the particular procla- mation to which his Honour referred was signed by him, and is of record, so signed, with the propel officer, As to the proclamation fixing a iJay of 'l'hank,sgiving, I have to remark that this was the result of a communication from the Premier of Canada, the Honourable Alexander Mackenzie, to the Lieutenant-Governor, and handed to me by his Honour with the request that I would carry out the suggeiition. It will appear sufficiently strange under these circumstances, that I should be accused of acting without his knowledge, evi'n if the clerical duty of obtaining his signature h;id been omitted. 1 am informed, howe\'er, that in this case also, the Order in Council, as well as the Proclamation, were signetl bv his Honour, and are of record, bearing his signature, in the office of the proper office 1. 0th. •' But, mv Lord, there is another point still more important, which I cannot any longer refrain' from mentioning. " From the conversations which I have held with M. De Boucherville, there results a fact, which, if it were knowu, would of itself have sufficiently justified me in believing that he did nitt possess the contidence of the people of this Province. " On two occar-ious, sometime after the [session of I87f>. f pointed out to him that millions had been voted to aid railways in general, at a time whe;i our finances did not appear to me in a condition It warrant all at once a lavish expenditure in subsidising 71 M. tlicse numerous undertakings, particularly as, apart from that, our credit was so heavily pledged towards the building of tlic Qufl)ec, Montreal, Ottawa, and Occidental Railway. " He very frankly avowed that these grants, though thtsy were for the development of the Province, had been necessitated by political considerations; that without them, the support of the members whose comities were traversed by those railways would cease to be secured to Government ; that there would be no means of having a inajority ; that the members formed combinations--' ringi' — to control the House. " M. De Houcherville is not unaware that I thereupon told him that it was better to save the Province than a government, and that if his administration was not strong enough to resist those intliiences, it would be better tor him to tbrni a combination of honest and well-meaning men, from both sides of the bouse, rather than submit to the dictation of those ' rings,' and to the control of those combinations. " When he made no attempt to escape from that deleterious influence, at'ter his own avowal that the Legislature was controlled by those 'rings'; when by his legislation he sought to favour them anew during the last session, without having pre, i'."'Hiy advised with me, had 1 not the right, as the Hepresentative of my .Sovereign, to believe and to be convinced that M. De Boucherville did not possess a constitutional majority in the Legislative Assembly ? ' I have no desire to enter into a discussion as to the precise conversations that may have taken place between his Honorr and myself, in the frequent intercourse which we had together, but, I submit as my answer to this most serious imputation, "that I confessed to being controlled by 'rings,,'" in relation to the railway legislation while I was the leader of the Provincial Governinent, the following facts : — I took olhce in 1871. In the session following a measure was introduced to increase the subsidies granted by previous legislation to a number of railways. Several amend- ments were moved to the resolutions, all of them looking to an increase in the grant.*, and for these, the opposition, under the leadership ol Afr. Joly, voted. The general elections took place subsequent to that session, and, whether the legislation was good or bad, it was sustained by a very large inajority of the people, and is, therefore, no longer a proper subject of discussion in the connexion in which his Honour introduced it. At the first session after the elections, the CJovcrnment, at the request of the numicipalities of Montreal and Quebec, assumed the task of constructing the North Shore and Northern Colonization Railways, now known as the " Quebec, Montreal, Ottawa and Otcidentul Railway. "' Ori*at pressure was brought to bear u))on the Oovernment to increase the subsidies to the other roads at that time, but this pressure was resisted. As a matter of fact, it is not true that "millions have been voted to aid railways in general, ' at a time when 'our credit was so heavily pledged towarrls the building of the Quebec, Montreal, (Ottawa, and Occidental Rail\vay." On the con- trary, since our credit became so pledged, not one dollar has been added to the debt or liabilities of this Province on account of those " railways in general.'' In the session of 1 870 a measure was introduced authorising a portion of the subsidy on some of these railways, from the unliuih portion, to be used on that which was under construction to enable thein to be carried to particular points, whii-h was considered important to the public interests should be reached, and a lapsed subsidy of Ji*200,00() was divided among other roads of a similar i la^s, the Bill passing the Legislature without division. In relation to this Act, his Honour ^^ Letcllier, in proroguing the Legislature, used these words : — " I trust that the result of yonr labours will be to give a new impetus to the great improvements which have been undertaken in this Province." During the last session this process of " doubling up " of the subsidy was again adopted, but without adding to the ])ublic liability. This Act was carrieiih. 'J'hat uv the lime of the communication of the causes which rendered necessary the dismissal of t)ie Cabinet, in the explanations wliich were given by the Premier to the Legislative Council, and by the Attorney-Gei.eral to the Legislative Aosembly, 7:^ Iwth ol' tluMi icforred to prttcndcd coiivci sat ions uliicli tliry iiad no autliurity ^vluitevpr lo c'oiiiimiriciiti' to the Lcgisliitiire, miki- tin- I'rciiiii'i- liad, liy I. is answer to tlu' letter of the Lic'iitenaiit-Cjovoiiior of tlu; 4tli March la^t, limited his expiiinations to the conmninication lo hoth Houses of niy irninorniida of the 'J!)th l''ehruarv and 1st March, and the answers of the Premier of the 'J/tli rebiuary and of tlie '.::m(1 and -Ith March instant." My letter ot the Iti, March tnaKcs or accepts no such hmitation, and, for the reason 1 iiiive tdready stated, I considered myself fully justitied in making the explanations that were made. "I)th. That therefore the additions and the connnents made by the Premier helbre the Legislative Council, and by the ^'Xttorney-Cienend before the Legislative Assembly, were contrary to the condition: aj^rocd upon between the Licutenai:t-(iovcriinr and the Premier." As 1 have stated, there were no such conditions agreed upon between the l,ienleiiiuit - (lovernor niu! snyself. " loth. That the Premier and liis colleagues, by mukinij use ot' pretended private conversations to explain the causes of their dismiss.il, in contravention In their (luly to the Crown and to what they had pledged themselves to observe with regard to it, have t laced the Lieutenant-(>overnor under the necessity of bringing under the notice of your Ixcellency all the reasons for their dismissal." The conversations reported by me were not " pretended " but real, of which notes were taken inmiediately after they oecuried, and which were necessary to explain fully the circumstances preceding my dismissal. If they have compelled his Ilonoin- to state " all the reasons ibr that disnussal," I venture the opinion tiiat it would respeciful to the Legislature, whose eoufidence 1 (>njoyetl. had '* all the coimmuiicated to it. The observations I have made upon these additional reasons will, I convince your I'",xcell"ncy that they were not such as to strengthen the Lieutenant -CJoveinor. I have, &c. (Signeil) C. 15. Dr. BoucHfmvir.LK, M. L. C. lave lircn mort; reasons '' l)eeii hope, serve to losition of the No. 42. — ExTit\cr from the Votks and I'ium i;i:i»in(;s of the LE(a.si,.\Tivi-: Asskaihi.v of the PltOMNTK of QlKIIKC. The following letter and " copies of the correspondence and e.\pliiiiation:-: relallng to tlie ('ismissal from office of the Dc Boueherville Ciovernnient" were laid upon the table : To the Ilonour.ible the Speaker of the Legislative Assendily. Si If, Quebec, .MaVch 8, IS/S. I ii.*VK the ho'iour to forward yon, lo be laid before the House, copy of the correspondence aiid ex,'lanations relating to the dismissal from oUice of the l)e Bou- eherville Government, wnich I read and communicated to the House. I have, &c. (Signed) A. U. .\m,i:i(s, Kx-Attorney-deneial, Meiiiiier for the Couiit\ of Moiitmoieiii'V. Mu. Sn.AKKli, Mu. Dr Hot ( iii;i!\ III i; had received permission iVom the Lieuten:i!it-(io\enior to give eX|)lanalioin respecting his dismissal from ottiee at the sitting on Moiulny, the Itii March insianl; oetweeii half-past one and two o'clock ot' the same day, he leeeivod lidiii His ICxcellency a notice not to give iiny explanations until tlie new (\d)inct had bein formed. 'I'his event having liecii amioimci'd, the hue l)e BoiuiieiAilh (iosi'iiiuRiit has the riglit, ill virtue of the permission sO obtained, to give its exjiianatioiis to the House and to tlie country. It is my duty to announce to the House that the He Boueherville (lovernmcnl did iidl resign. A CJovenuucnt, possessing the confidence of the great majority (»f tlu; Uepre.-en- •f4 hitivc Assciiil)!^ , iiiul oF ulivosl llif \vhi>le of tl)i' Ia (fi>»liiti\c rouncil, hiis no \'\\xh\ to i<>-it;i). il il liiiN iciilly at hciiM tlic iiifcrot ol' flio ciMmliv, ami ii icspci't lin its tliitj. Tlie (i(>v( rmtHiil wns (li>ini! is an exact and faithfnl if ital tluTfof. ( )i» till' 'Jfllli I'Vhiuary lS7s, at ali'iut half-p.ist four o'cioik p.m., tlu' Premier received from the l.ieutcimiit-(Jo\ernor, thi(m!.^li his Aide-:onMilenitio|! ,1 ctuiii ineiudin'f t cod'' of ■ *(>" >, d- 'umcnts • 1. A 'copy tif the .'icts of uc I '.vjuirnnii rarliameiit anthorisinail\vay " as wi II as a copj : liie / "i of the Legislature of Quehec, rcHpeetill^• the same railway • 2. A cop\ of the Ads of Ihi' Legishiturc of liie I'rovincc of l^uehec res|)cetiiig the ccaistruction of the railway' hetween Qnchec and Montreal comiiioiily known as the Norlh Shore Raihvax : M. A copy ol the liyelaws of each o*' the Municipal Corporations liy which they agru'd to assist in the idiistiiu'tioii of tlie said load . I. A stateiPeiu of the aiiionnt of the j^iaiit paid In each of those corporations, and a ci'|iy ot the eoriespondeiice cvchaiiged betweeii the (iovernment, the llailway Commis- siniieis, or the contractors of the said road and the said iimniei|»al corporations, with respeci to ihcii said giant or siihsidy : :>. A copy t f the several contracts entend inti> lor iIk^ construction of the said roads ; ({. A cop\ of (he iillicial and confidential rcpcjrts of the engineers to whom was I'litiustcd the location of these lines of railway, in svholi' or in part: ; . A copy ol the report of the Kailway ( onimissioners, laid before both Uoii^-es dining tlic present session, resjiccting the said roads: S. Copy of the representations made to the (uivcninicnt b;, ihc iiuinicipid corporations intercstcil oi by the ratcp:iycrs of these municipalities respecting the conditions of their grant or subsidy : 0. Copy of tlie resolutions ])roposed to the I'roviniMal Legislature, during the present session, respecting the '^aid sii!)sidics and to f.icililatc the |):vyment and recovery of tiie same : 10. Copy of the Mill, liased upon the said resolutions, whicli wa< introduccil into the House, during the [irescnt .Session : 11. A plan showing the locations of each of tlu' said railways or of an\ portion thereof ; 1:^. .\ detailed statenent of the reasons which induced the I'rovmcial Government nol fo (oiiteiit themselves with lln' provisions of iIk' Statute and Common Law and with tiiose of the ( 'ivil (■oiU ijf this I'nnince, for ihe recovery of the sums ol' money which might become due by the said corporations, but, without having in any manner |)reviously consulted with the Lieineiiant-(}overiior, to projiose .-.m r.i jmst /iiclit legislation to couhjcI I hem thereto. Another very important measure, to provide for the imposition of new taxes, was also simihiily [irojiosed to tlu' Legislature, without lia\ing been ]iic\iousl\ snbiuittcd to the Lieutenaiit-( jovernor. The Lieutenimt-CJovenior is perfectly auare that measures of secondary iiniioilaiu'c, wliiili have pl■(•viou^ly been sulliciently explained to him, maybe, as a matter of routine, prop.'sed to liolh Houses, without an express order from himself, hut he caimol .allow the F,\ecutiv<' to cnmmiinicate to the Legislature, on his behalf, any important or new measures, without his special order and without his having been previously fiiily intormed and advised theieot. Luc Lk'ii.i.ltkh, Lieutcnaut-Ciovrnor, 76 'I'Ik- I'l'iiiiirr pupaifd his answer diiiiiif^ i\\v night ol tho 2()lh-"J7th IVhriiarv. lhi>> nnHwcr wa." dclivcrt'cj l)y him in person to the Lieutenant (iovernor, at Spencer V\ ood, about K* o'clock a.m. on the 27th. It icads as tbUowsi : — 'I'o His Excellency the Hon L. Letellicr do St. Jusl, Lieutenant-Cioveriior of the I'rovince ot Quebec. P.I \Y ir I i.H.AHi; YoiJK F.xcm.i.rNcv, Quebec, Frbrunrv '^7, IS"M. I HAVE the honour to acknow'edgc the receipt of the nieincnanduni .sent nic yestenla; aftctncoii by yoin Kkceljci v tin-ou^h your !u'de-:le-uanip, who, at the wv.i' ti'i'e, iid'orn\('d me that you were ill in ln-d 1 subniilled tliis riu inoraiulnm to the Kn. cutive Council, and I sh dl >ec, us your Kxcebency desire:*, that all due diligence be used, in order th( t all the (lucunients required maybe transmitted to you as soon as jiossible. In rtntici|mtion of the liietum desired by your Kxcellcncy, wliicli will contain !i nioie detailed statement of the motives which induced the Piovincial (iovcrnnunt to bring in ilie meaHiircH to which you draw my attenti(jn, I consider it ni\ duly to repicsent that the reasons which, aninngst otlicrH, caused the (iovernmciit to submit to the l-ej^islature a law obliging the municipalities to ,)ay their •subscriptions for theconsinictiun ol' the J'rovinciaf Hallway, on the (h'cision of the I ' ulenaiit-Gos'ernor in ('iinncil, after a sworn r^'porl, made by a competent eiiuineer, a '. u> . a notice of fiiteen day.s, to yive sui'h nnmicipalities an ojiportunity of heipff aei-i --are the ill will of certain nnmicipalities, shown by some in their iieuleC to • )ly with the reipiests ol tlu' 'rrtasui'i r, by others in their formal refusal to p". . ■ .\ I, in certain t'ases, by resolutions ado])ted, aslsin^i' new conditions respecting tin .^.eciients which they had made with the Ciovcrnnient. The (ioveinnunt was of opinion that, without such legisl if in, the (ibjcct of wiiich is to avoid the delays of ordinary legal proceedings, tho rcsi i >f 'a ill-will of tiic.se nnmicipalities would have been, either to necessitate a new I( .ii i)y the Province and consequently to cause a biudcn to be unju.stly imposed upon nuinici|)alitie> wliicii had entered into no Ciigaficnicnts and whicli woidd derive no innncdiate l)eneHt from the con.struc on of the road, or the cianplete stoppage of the works already begun, toijether with the mevitable loss of interest on the enormous capital already Laid out upon this cnterpiisc, and the other dainagos resulting therefrom. 'I'lie (lovernment, while undertaking in the first i)la('c, by the said law, to fidlil the condition^; \shich it had agreed upon with the said mimieipalitics, considered that, in sul)stitnting for the oidinary courts, the Lieutcnant-Ciovernor with an I'l\ccu4i\e Council responsible to the jjcgislature and to the people, it olVcred to the parties inlereslcd a triounal which atlbrded ^as many guarantees as the ordinary courts. I would also t ike the liberty of calling your Kxcelleacy's attention to the fiict that similar provisions are already in our Statutes, I woiud cite to your Kxcellcncy chapter 815 of the coiisolidati'd Statutes of Canada, and also chapter 17 ot' ;UJ Victoiia of the Statutes of (Ontario. i humbly submit to your Excellency that a law devised for the better securint; of ilie execution of a {'(intrict cannot have a retroactive etfect. It enacts for tMc future, and its objects are the respective interests of the parties. Now I beg yoin- Excellency to note that while you were at Riviere Ouelle I iiad the honour of requesting your authorisation to lay the question of tiiiances before the House, and that you were kind enough to reply that you sent im' a blank form by niail, and I considered this, at the time, as a great mark of coniidence on your part. I did, in clfeet, receive a blank form with your signature, which 1 handcil to the treasurer, who had it tilled up by your aide-de-camp. Later on, I had the honour of requesting your Excellency's antliorisation generally to lay money tion i)f the (Quebec, Moiitieal, ( )ttawii, and Occidental llailwa} and that he would give ail unswer on the following day, the ■28th February. On the 'JHth l'\'briiaiy, at about half-past seven in the evening, Mr. De Houelierville went to Spencer Wood to convev to the Lieut,enaiit-(jovernor the documents asked for in the letter of the 2.")ih (which documents were prepared by the Monoural)le the S.'cretary, and were accompaniefl by a svnopsis). He uskcd him if he would soon give his answer. The Lieutenant-tiovernor told him tliat he would examine the documents and |)idbal)ly give it to him on the follr)wing day, the 1st March. Oil leaving, Mr. De J?ouclui ville said : " ff I underatand you rightly, you are hesitating between giving your sanction to the llailway Hill and reserving it." lie replied : " 'i'hat is it." On the 'ind of March, at five minutes to one in the ufternooii, the Aidc-de-Cainp of the Licuteiiaiit-CJovernor hamled to Mr. De Houelierville the letter given hereafter. before the Aide-de-Cainp left, he was asked liow his Ivvcellency was. The Aide- de-('ainp repli^'d that he was not ho well, and then asked, " When we intended closing the .session."' Mr. De Bonclierville replied that he eoidd not say, as many matters were in airear. The lollowing is the ieltcr m question : — To the Honourable C. B. Ue Bouchervillc, Picmier, Quebec. Cioveniment House, Quebec, March I, 1M7H. Tim: Lieutenant -Governor taking into consideration the communication made to him verbally (on llie"J7th Kebruaiy) by the Premier, and also taking nito consideration (lie Utter which the i'leniier then gave to him, is prepared to admit that there had been no intention on the part of the i'remier to slight the prerog.itives of the Crown, and that there was only on his part an nror, committed in good faith, in the interpreta- tion thiit he gave to words used by the Lienteiiaiit-Govc'-'ior in the inter\iew which they had on the IJilh February instant, words which did not imply the aathorlsatioii attributed to them by the I'remier. With tlii> interpretation and the instructions oiven in consecjnence by the Premier to llu Honourable Nlessrs. .Vngers and v'hurch, these gentlemen did not wittingly do any- thing against the duties of their oHice. ,'V.s to the blank which the i„ieutenant-(^overnor addressed to him from Kiviere Ouelle, the Lieutenant-Governor knew that such blank was to be u.sed for the purpose of submitting the Lstimates to the House. This act was a token of conlidence on his part, as sitated by the Premier In his letter of the '2'ith, but it was confidential. The Lieutenant-Governor deems it his duty to observe that, in his memorandum of the 25th of February last, he in no way expressed the opinion that he thought that the Premier ever bad the intention of arrogating to himself the "right" of" having measures " passed without his approval, or of slighting the prerogatives of the Representative of the " ('rowii. ' liut the Premier must not lose sight of the fact that, although he had not so intended, the fact remains as he was told by the Lieutenant-Governor. Tlie fact of ha\ ing submitted several new and important measures to the Legislature, without having iiieviously, in any manner, consulted the Lieutenant-Governor, although w'thoutany intention of slighting his prerogatives, gives ri.se to one of those false positions which places th(> Uepre.sentative of the Crown in a difficidt and critical situation, with reference to both Houses of the Legislature. WCIf told ; the tvoiild ^ The Il) to tlio measure the pre- tcinh'd ficiiciMl imthoiiziition nii'iitioiicil liy liiiii in his Icttci, Cor thcii iiit-'ivicw look |)liicc on tin- l<)t!i I'Vhrnary, and the Ihil had tlnii liccn before thr I Ioiim' tor several days without the Lieutcnunt-Ciovernor having hcen in any iimniicr intonnrd ol' it In his advisers. 'I he Lieu*.cnant-(tovernoi' then told the I'leniier how much lu; rL'i;rv!tle(' such lef^isla- tion ; he represented to him that he considered tlie prindples of law an 1 justice ; not- withstanding this, the nieasuic was pushed on until it was adoi)tfd hy l)ot!i Houses. It is true that the IVcniier irives, in his letter, as one ot' his reasons for .^oactintr, "that this permission oi' diaklni;; use of the inune ot the repi'csentativ ■■ 0(' the Crown had lii-en, moreover, always allowed to him hy the ])rcilcccs.sor ot the present l/icutenant-( iovernor, the late lamented Mr. Uaron." 'I'liis reason cannot avail with the Lieutenant-Cioveriior, for. In so dolnn. he would abdicate his position as Uepicseiilalive ol' the Crown; a procecdiiijf which neither the I.ieutenant-(iovernor nor the Premier could reconcile with the duties of the Lieutenant- Governor towards thi' (^rowii. The liicutcnant-(io\ernor regrets beiiijif compelled to state, as ho told the I'lcmicr, that he has generally not been explicitly informed of the measures adopted b\ the (-'abiiict; although the Lieutenant-Ooveriior often !.;ave occasion ihcrefor to the I'lcmier, especially diu'injr the ourse of last year. 'I'he Lieutenaut-(io\ernor, from time to time since the last meotinj of the Leifislaturo, drew the attention id' the Premier to several matters respecting the intere.-ts of the Province of Quebec, amongst others : — 1. To the enormous expenditure, occas'oned by very large subsidies to several rail- ways when the Province was burdened '.vitli the construction of the trunk line of railway from (,)uel)cc to Ottawa, wliich slioidd prevail over all others; and that, at a time when our iinauees compelled us to niise loans disproportioned to our revenues. 2. On the necessity of reducing the ex|)ense8 of the Civil (Jovernment, and those of legislation, in place of basing recourse to new taxes, with a view of avoiding financial embarrassinent. 'J'he Lieutenant-(iovcnior, although with regret, expressed to the Premier the O])inion that the Orders in Council for the increase of the salaries of Civil .Service employees, seemed to him to be inopportune at a time when the (iovern:nent had etl'ected \.ith the Bank of Montreal a loan at the rate of 7 l"'r cint. for half a million, on condition ol increasing this loan to one million; ami in fact, to-day even ( Isl .March), the Lieatcnant- (lovernor was obliged to allow an Order in (Jouncil to be passed to secure the last li;df million for the Goverment, without whicii the (lovernmont uould be unable to meet its obligations, as .stated to him b\- the Honourable the Treasurer, by order of the Premier. The Premier did not, either tlieii or since, inf()iiii tin Lieutenaiit-Oovernor that the (lovernment were in .so impecunious a position as to rcipiire spt'cial legislation to increase the public burdens. The Lieutenant-Ciovernor therefore stated and teprated these facts to the Premier, and now deems it his duty to record tlu-m here, in order tliat they nriy .serve as a memorandum for himself and the Premier. • It results therefore, — 1. That although the Lieutenant-Governor had made several representations, in his quality of Representati\e of the Crown, to the Preniief on those various subjects of public interest, his advisers have taken administrative and legislative steps contrary to such representations, and without having previously advised liim. 2. That the Lieutenant-Governor has, without evil motives, but in fact been placet! in a false position, by being exposed to a conflict with the desires of the Legislature; desires which he acknowledges to be paramount, when expressed in a constitutional manner. The Lieutenant-Go\ ernor has attentively read and examined the memorandum and documents which the Premier was kind enough to bring him yesterday. In the recorrl arc petitions from se\cral Municipal Corporation ■; and from citizens of ditl'crent localities, addressed to the Lieutenant-Ciovernor, against the resolutions and the Government Bill respecting the Quebec, Montreal, Ottawa, and Occidental Railway. K 3 7M 'I'lic Ki('ut(imiit-( ii)V(iii(ir w is oTily vc^ti r.l:iy in u p.KHiiiou tn liikc foriiminii'utiiiu ot Boim onlicm.' I Dsitidiis, inusinucli iiH tlu')' hiiil not Ik-ch tiunsinitU'J to liini bt-fore the (Sij^ned) L. l.i:n:( i.ikh, Li( uU'iuiiit-Ciovcnior, On tlip i 1(1 Miirdi. iihoiit 2 o'clock p.m., Mr. l)c Hoiichcrviilc went, to Spencer Wood, \V lien lie iirri\e(l he wis iiilniitled to llie presence ul tlie Licuteiuint-dovcriioi, iiiiil told him " that iiceordinir to the nuMiioiiiiulcm leceived from hiin ihiit diiv, he undeistooil that he wiis (li-iiiis>ed from the oHij» of I'roiiiier." 'I'lie l.ieuteiiiiiit-(iovi'ni(ir told him he was to liikc his own interpretation from the letter. I'pon this Mr. I)e Koiiehervilhj handed I'.iiii the letter, which Avill he found further on, n-i lu iiig his miswer. The I.ieiitcniint-dovenior, without openinu; before him, made some remarks on the diUicidty on which tlie legishitinii hud iilnced him. Mr. De Houchcrville lejilied that in liis pieHent [lositioii he thnui^ht he had no opinion to express on the subject, lie then bowed himself out. When he li.id proceeded u short distaiKc fmni the I louse he eausecl the vehicle to ivtiini lia\ iiitif forgotten to ask permission from tiic i./ieuteiiant-(iovernor to give explanations to the IJouse. AtLer liavintf been u .second time admittcil to the presence of the Licuten(uit-(iov'ernor, he u»ked permission to give explanations and to make known the memorandum of the Lieiitenaiit-(io\'ernor and his replies thereto. 'I'he l.ieutcnanl-Ciovernor told nim he had no objection, and asked him as to the person he should send for. Mr. i)e Moucherville rtplied that he looked upon himself — I a\ing been dismissed — as being in a ditl'ercnt position Irorn a Minister who, Mlthoiigli deleatcd in the lloiist, still retained the coiilidence of the Sovereign; that he hid had a majority ol twenty-live in one of the late votes; that, under these eircumstances, he did not think he could advise him in the matter. lie then left him, and while in the ante-room the I/ieuteniiit-tioxernor recalled him, and said : " i'lease delay the e .plana- tions until Monday." The following is a copy ol the letter which Mr. Dc. HoueherviUe handed to the Lieutenant-Ciovcrnor, when the latter told him he was to take his own interinvial ion of his memorandum. To Mis Excellency tlie Lieutenant-Governor of the Province of Quebec. May IT I'LKAsi; Yoi u 1''\ci;i,i.i:nc\, (Quebec, March 2, I87S. I iiAvi; the honour to acknowledge the receipt of your m<'moraudiun, in which you come to the conclusion that you cannot retain me in my position as I'remier. ! have therefore no other duty to ]K'rfnrm beyond submitting to my dismissal from otlice, conummicatcd by \(mr Kxccllency, reiterating at the same time my profound respect for the rights and prerogatives of ihe Crown, and my devotion to the interests ot'our Province. I have, i"vc. (Signed) C. B. Dr. BorcnEiivn.i.K. On the "^Mtli Jnnuary 1><7^. Mr. IV Bouchervillc had sent to his Excellency the Lieat«'nanl-(io\ernor, who was then at RiviiJrc Duellc, the following telegraphic Despatch : — " ('an you s(Mid me autiiorisation — resolutions respecting iinances." The l.ieutcnaiit-riovernor on the following day, the 20th, telegraphed Mr. Do Bouchcrx ille : — '• Ijlai'.k mailed to-day. If presence ueces8ary, telegraph. Return Friday." Tiie resolutions respecthig the North Shore Railway were sub.iiitted to the House only on the 2!)th January, after the telcgratu had been received from the Lieutenant- 79 (lovi'inor thtit it t'oiin xi^noil in liliink lind hroii iimili'il to Mr. Do Duticliirvillc, in roply II rcniy rcNdlii 1(1 liin ilcspnlcli <>r tlir jncvidiis iliiv, sii} iiij; : "('mi vim schd inr niitliiri'^nti'Mi rcNdiu- tiitns it'H|)t'Ciiiin fimiiiccs r" On till* ;iutli Jaimorv, tlu' (irst rosoiiitioii w.is n-iiortcil Iidiu ( (Uiiniitlif nt' tin; Wlioli'. On till- Ml^t it uiis ii(l(i|pf((l liy tin UmiHc. On the Isl I'Vbiuiii \ llu IIuuni' ll^lun went into ( '(•innnttic nl the Wlioir iiml icjioflftl tlio other roooliitiiwn on tin- siinir •>nli)«Tt. Hnt it wils only on tlu' ^tli timf tlir mloption nl' tli«' itpc >\ of tlii- ( 'oiu- iniiltT was carried, tlu- IIoum- throwing out the motion ol non-eonfiilence on ihii* jioint l»y :\H to 21. On the .'(th Kchrusry a Hill based nn these resolutions was intrndneed ; the second rending wa- delayed until ihe I Mth I'Vliniarv ; the third remlinn UmU iilnce on the I'Jth. During all thi; time the I.ientenant-fiovenior, to whom the N'oles and l'riiei'e(linj.?s were sent daily, nniaineil silent. On the l;)th I'VI'inary, Mr. I)e Uonrherville met the Lituteimnt-CJovcrnor, mid in the euiucrsation which took |ilaie on the smlijeet o! the measure, tliou;^ht he li id satixlied him as to it^ k'f;alil> anil the nr;^eni'y of its heiiig pa.^^sed. Ihe lwieuteimnt-( loveinor wttH 80 far trom being e.\plieit as to his intention-*, that .Mr. De Houcherville left him with the Impression that lie was authorised. The I,ieMtenant-(io\enior does not contend, in his memorftiidum n|' the Isl March IH"H, that he had given orders to >us|)end the legislation. Sent up to the Legislative Council, this Hill had gone ihnm^ih its third reading before the first letter was received from the Lieutenaiif-( lovrrmir, d.ited the 'J.^th l''el)ruar\ last, but only ihlivered at 4. .'in p.m., on the 'Jdth. in t'ltt, the Iiieiiten:int-( io\friior, in hn lettci of the 1st March, admits that he did not, in any wa\ , in his mcmorandutn of the 'Joth IVbruarVi express tlnr ilence observed until the ;^(iih I'ebruary was also of a nature to lead him to believe that he had a general authorization to ^ubmii to the iloust- all mcasuies which the public rervice rciiuired. On the ;}fst ot Jaiinary, 2(i days pre\ii>us to tiu' lir>t nii'moraiidum of the Lieutenant- Governor, the Honourable Treasurer made his f)udgct s|)eech. in whii'h he announce.! the new ta.ves wliich it would be neecssaiy to levy to meet tin, ol)ligations of the. Pro- vince-obligations coiitiaeted during several previous \ears, and resulting from the policy then i' 'igurated on railways and which have reci'ived t'le concurrence of several members belu ring to the parly opposing the Ciovermnenl. Can this spci h, jmblished /// f.vlviian by the press ofthe whole country, liiive escajied the notii'c of tiie !.icutenant-(iovernor ? On the 19th ol IVbruar^- the resolutions demanding tho.^e tn.vcs, but at a lower rsite than the one mentioned by the Treasurer in his speech, were presented; an 1 »n the .'iith were adopted by a vote of 3!) against 'J'i. The Lieuteiruit-Oovernor, in his inemorandum of the 1st ^^arch, roio))lains iha" Ml. l)c Houcherville did not let him know that the (ioveininent was i-i ;;n impi'cunioin condition reiiuiring special legislation to increase the publii- taxes. The Piemier would have formed an iironcous idea of the sitc'ili mi, if he hnrl ;o qtialitied t hi' temporary enibarr:issinenL caused by the ill-will of the 'iUMiicip,diti« - uhiv'h had sid)sciibed lor the construction of the I'rovimial Uailwav in neg'cctiug to laithftdly fulfil their obligations. He would have fiori-ied an erroneous idea ofthe situation, in proencc ofthe resvdts obt;tiiied, ^o fir without anv burden having beeii iii!]ioscil in order to obtain thein. K 1 8(1 On the '2'2ni\ Fcbniary notice wus given of resolutions respecting lailwayw in the eastern townsliips and oi. the sontli shore of the St. ],ii\vr(iue. On th(! '2'.)ri\ of the same month the resolutions were inh'othieeil ami suhsi'iinently ixdopte.l liy a vote of -11 to HJ. riiese rcsolntions do not in any way mcrease tlie actual (k'^ht of the I'rovmee. Tlu- l.iententint-dover.ior said in the simc uiemoraiulinn, ''That tlie e)n>tnietion " of the railway IVmiii Quebec to Ottawa siiouhl prevail over that of other railways.'* Tlu' legislation of nianv\oars past on this siihject estalilishes i\o piie)rit_\ 'n favour of tlie l'ro\ ineial l{ail\vay to tlie detrinu-nt of railways in tlie eastern townsliijts and on the soutii short'. The Di'i^ouehervilK- (Joveiiini.Mit \v;)uld hiw eonlraveiieil the law if tlu'v had adopted any other view of the matter In the same memorandum tlie l,ienleuant-(iovevnor di ehires : " 'i'hat he iiuuiot '■ accept the advice of the I'rcmier in reference to the sanction to lie given to the railway " l^ill, intituled ' An Act respeciirig the Quebec, Montreal, Ottawa, and Occidental " ' Ifailuay.'" This dei'laration is ])renuture, the rremier never h.iving- l,e( n called upon to gi\e his opinion as tt) the sanction to be I'iven ; and it' he had ben called upon to do so, he would, under the circumstance'-, inve rccnnuniMided that It be reserved for tlu' decisi lU of the (ioveriioi-( leiuTal, being in doubt as to the l.ieutenant-(iovernor ha\i' ;• the right, of his own .ucord c.r prajirln ma///, to e.\eicise the pici-ogatise .if \-eto, and thus to decide tinall*' on the (ate of a measure pas>ed i)y both Houses, when tic British Noitli Auirrica Ai't of lMi7 seems to K-ave such power to the Oovernor- (ietieral. 'i'lie iuenu>randum of h.is IvNcrllciu'y relers to petitions of si'\-ei-al eoi'jiorations and citizens o'' dithi'rcnt places, addressed to the Lieutenant-liovernor against the resolutions end tile measur.'s of tlu' (bixeinment concv'rniiig the (Quebec. .Montreal. Ottawa, and V)ecii|i'ntal Railway. It. is suHlcient to consider that these jictitions came from debtors, from whom the law !titend.s to forci' payment, to arri\e at the c(U-i'ict conclusion that tin- ."plnion of both iicuises sluuild ]ii('vail over that I'xpressed in such jietitloiis. 'I'lie i.icutenant-Ciovt rncr. in the same memorandum, reiers to acts ot' admiriistration winch date fr>iir. befnrt' the session, and to which he has given his assent. .\s he uriudcs to mattiis foiwhich the (ioveinmcnt is responsible to both Houses, as ad/isers of the ( rown, ,nul as they aic foreign to the (piestion of prerogative raised by the Lientenant- {io\ernor, they cannot be adduced in this nu'tnorandiun as reasons (or th ; conclusion arrived at liy his Kxcellency, that he cannot continue to retain .Mi', IX' Uouclierville in his pos'tiou iig.iinst the rights ind prerogatives of the Crown; therefore, to avoid being carried away by this . ide i'-sue or /mrs i/'d'iirrr, there is no reason to ijuestiou th( ni now. The l.,ieuN'nant-Cio\ernor furtii r expresses the opinion • that ihe sfati' ol'our iinances " fort'ed us to make loans dis|)r,>portionate to our rrsouri'cs." The necessity of heri' repeating this phrase is to be regretted; but the endit ol' the Province reipiires that it should be eontiadicted. The mere nading of the Ihidget speech will suHice to reassure alarmists. '■'roi". all the abo\e facts, from admissions contained In the het lueinoraiidum of tl;i- Lieuten;Uit-(Iovcrnor, from the Iransmissioii of the tbrm iigned in blank and .sent by hint in ie])lv to a icijuest vi' Mr. l)e IJoucherville, asking iiir authorisation to introihice " roolutions respecting finances," and from the silence of the I-ientenant-Cio-, t rnor up to the 2('th I'el.ruary la>t, it results that no measures Innc bien introdiucd into the Ihiuse in opposition to ih'' prerogaiixes of the n-prcseiitative of' the Sovereign. Nothing more remains now tor me to do liut to reiterate the (ieelaration I made in commencing thesi' txplanations ; the l)c 15oue}icrville cai)inet has inif resiiiiicd. it has been dismissed frofi ollict' by tiie lA'ufi'rianl-t io\'ernor '1'!h' ( 'onsci'vati\e party i~; i.o Imigei' in power. Ihit it is ''i the lio'i^i' the jHiwer — :i (pialllied power -a majoiity In the opposition I'lie nia|(>rity lieie, th • majoritv in the CouiU'll, the majority l:i tiic ('(iicitiy. The ^'oiiseival -e pai't}- lui'- been dismissed from oilici' , luit it stands iineompiomised, Mithnit eonqn'omlse, wilhmil dlvi>ion devuled to the t'enstitutioii and to the weh'are ol the eouni i \ . (Sigiud) \. li. Am.i-.iij, K\-Attoniey-{ieneial. Meinl'. r lor the hlecl(4'al l)i>tiict of ,\}ontuioreiiev. 81 Mr. Lorangcr, socoiuieil by Mr. Lynch, iiiDved that the follDwiujr addnss, airuiuinij the privileges and imunmities of the House, lie presented by Mr. Speaker to liis Kxcel- leney the Lieutenant-Governor of the I'rovinee of (Quebec, at the bar of the LegishUive Council, at the prorogation of the Legislature. To liis Excellency the Lieutcnaut-Govcrnor of the Province of Quebec. May it rr.EASK vorii Ex( r.i.i.icNcy, Thk Legislative Assembly of the Province of Quebec deem it their duty to humbly represent that tiie cabinet of which the Honourable Henri (iustavc Joly is the chief, was defeated tiuee dilVerent times, at the sitting of the Stii of March instant, by majorities varying i'rom '20 to 22 votes. And they regret to state that the constitution has been disregarded by the advisors of his Excellency to tjie extent that they persist in retaining power against the wdl o\' the majority of the House and of the ct)untry. The Legislative Assembly believes it, moreover, their duty to express tlieir regret that they have been put to the necessity of suspending the pissege of the Supply Hill until justice has been extended to the inajority of this llouse. The Legislative Assembly desires respectfully to represent to your Excellencv that there exists in the House a political party, possessii.'' the confidence of tlic country, and Iiaving a large majority in the House; that this party is competi'nt to adini'iister the public business, and that the prorogation of the Legislature presently would be prejudicial to the legislation and to the interests of the country. The Legislative .Vssenibly desires to represent to youi Excellency, that the fact of the minority having a control over public affairs is the cause of the ciubarrassment under which the Province labours, through the suspension of the Supply IJill ; and that a prompt solution of the difficulty m:iy be arrived at by acting in conformity witli the constitution. The Legislative Assembly desires also to represent to your Excellency that inasmuch as there exists in the House a pi)litical party strong enough to command a lirgc majority there is no necessity for a dissolution of the Legislature, a stop wliicli will cause con- siderable and useless expense to the Province, and seriously threaten the peace and tran- quillity of the people of this Pro\ incc. And your petitioners will e\er pray. And objection having been taken that the said motion is contrary to the constitution, and should be considered out of order, Mr. Speaker ruled " that the point of order was raised and decided yesterday." And appeal having been made tVom Mr. Speaker's decision, The question was put and carried in the aftirmative on the following division : — In favour of Mr. Speaker's decision. MM. Alleyn, Angers, ]?aker, Clnuupagne, Chapleau, Charlebois, Deschenes, Dulac, Dupont, Fortin (Gaspe), Kiudette, (larncau, Ciauthier, Houde (.Maskinongc). Houde (Nicolet), Kennedy, Laccrte, Laloiulf. Larochelie, Lavallee, Le Cavalier, Lorangcr, Lynch, Martin, Mathieu, Mi(iauvran, Picard, Sawyer, St. Cyr, Tail'on, 'I'arte, Thorn- ton, and Wurtelc— .'^'5. Against .Mr. Speaker's decision. MM. Dc lieaujeu, Fortin (Montmagny), Laberge, Laibntaine, Laframboise, Molleur, Piiquet, Prefotainc, Hinfret tiit .Malouin, Shehyn, S\ Ivestre, and Watts. — 12. 1 [' 83 Exhibit No. 7. No. 7. — VoTKS and Puoieedinus of the Legislative Assembly of the Provin( k of QiEHEf. — Quebec, Tuesday, 11 th June 1878. Mr. Hertiand, seconded by Mr. Robillard, introduced a Bill (No. 1) to amend certain articles of the Civil Code of the Province of Quebec. Second readin'^- to-morrow. Mr. Desaulnicrs, seconded by Mr. Caroi\ introduced a Bill (No. li) to amend article 77'i of the Municipal Code. .Second reading to-niorrovv. The order of the day tor resuming the adjourned debate on the amendment moved on Thursday the 6th instant to the amendment to the motion made by Mr. (iagnon, res[)ecting an address to his K.\cellcncy tiie I.ieutenant-Ciovernor, in reply to his speech ui opening the present session, and wliich amendment was conceived in these terms ; •' That, after the last words in the closing paragraph of the resolutions contained in the proposed motion, the following words be r.Hiled : — " That this House, while expressing its tirm determination to insist on the strictest economy in every branch ot the public service, and on the closest supervision over the expenses oi' administration, regrets that the p'esent advisers of his Excellency the Lieuteuant-Cioveruor should have [)crsisted in rcpjaining in power without having been suppoitcd by the maio'ity of the Legislative Assembly upon their taking office, and without yet bL'ing supported by such majority." Which said amendment was ; That ail the words after " that " in the motion in ainendiiicnt be struck out and replaced b\ the lollowiug words: "this House entirely approves of the policy of " economy and retrencliment inaugurated by the (Joveruinent, and hopes that it will " continue to put it energetically into practice." And the question on the aniendment to the said amendment having been jiut it was negatived on the following division. YEAS. M^L Bachand, Biais, Boutin. Brousseac, Cameron, Chauveau, Diipuis, Elynn, Fortin, CJagnon, Irvine, Joly, Laberge, Lafontaine (Sherfo.d\ Lafbntaine (Napiervillc), Lan- gelier (Portneuf), Langelicr (Montmorency), Lo\ell, Marcha'id, McShane, Meikle, Molleur, .Murpliv, Neh ■-', Faquet, Poirier, Racicot, Rinfret dit Milouin, Ross, Shehyn, Watts.— :U. NAYS. MjNL Audet. Beaubien, Bergevin, Bfrtrand, Caron, Champagne, Chapleau, Charlebois, Church, Desaulniers, Daschciies, Duckett, Dubamel, Ciauthier, Houde, Lalonde, La- vallee, LeCavalier, Loranger, Lynch, Magnan, Martcl, J\Iathieu, Peltier, Picard, Robertson, Robillard, Sawyer, St. Cyr, Taillon, Tarte, Wurtelc. — .'VJ. And the question on the amendment to the main motion having been put it was carried on the following division ; — VEA8. MM. Audet, Beaubien, Bergevin, Bertrand, Caron, Champagne, Chapleau, Charlebois, Chu- h, Desaulniers, IVschenes, Duckett, Duhamel, (lauthier, Houde, Lalonde, La- r< vallec, LeCavalier, Loranger, Lynch, Maiiuan, Martel, Matnieu, Robertson, Robillard, Sawyer, St. Cyr, Taillon, Tarte, Wurtele. — 32. Peltier, Picard, NAYS. M.M. Baihand, Blais, Boutin, Brou»seau, Cameron, Chauveau, Dupuis, Elynn, Fortin, (iagnon, Irsino, ^o\;, Labirge, Lafontaine (She(ford), Lafbntaine (Napierville), Lan- gelicr, (Porliiouf), Langelicr (>[ont'no!cncy), Lovell, Marchand, McSliane, Meikle, Molleur, Murphy, Nelson, Paquit, Poirier, Racicot, Rinfret dit Malouin, Ross, Shehyn, Watts,— 31. And then the main morion as amended having been p it, Mr. Watts moves in amendment, seconded by Mr. Racicot, That after the last word of the said resolutions as amended, the following words be added : — " That, nevertheless, under present circumstances this House believes it to be its duty to give a general independent support to the Government, in such a manner that the measures which it pioposes may be submitted to the judgment of this House. 83 Mr. r.iirfinger, -ecotidcd by U -n. ISfr. Cli;i]ili;iiii, moved m iiini'Mdmcnt to tlu; said aniendineiit : 'I'hiit ;ill the words after " that" in tin- aiiiciidinciit be struck out, and that thi- IblKjw- '\nti be .-.uhntitutctl ; "Moreover tliis llousi' is oC opiniou tliiit the priiiciph's of the " constitution of responsible government require that the cabinet entrusted with the " administration of piiMic affairs be supported by the majt>rity of the House.'" And a debate arising, iMr. .Spealser, under 'he provisions of the Act :M Viet, cap. 4, of the Statutes of the Province of Quebec, called upon Mr. Rinfrct dii Malouin, niend)er Ibr the electoral division of fiuet)ee (,'eiitre, to replace liim in the chair dariiig his temporary absence. And tiie House having sat until ut'tcr I'i o'clock, midnight. Wednesday, June 12, 1878. After some time the Speaker resinned the ihair. And the debate continued. On motion of Hon. Mr. Chapleau, seconded by Hon Mr. Church, it was ordered that the debate be adjourned. And then the House adjourned. Auriu 1! TrurorrE, Speakei. Exhibit No. ^. I'riday, 1 Ith June |s<7s. The HououraV)le Legislative Councillors con\cned were : The Honourable Hiivitv SrAi(M:s, Speaker. The Honounil)lc Messieurs Archanibeault, Ferrier, 1 LeMairc, Koss. Beaudry, Gaudet, Lri \-, dc Koy. Boucheiv'ille, de (iingiMs, I'anet, Savage, Hryson, Hcnni, I'roulx, A\\bb. Hionne, Laliruere, de I'ludliommc, AVood. Dostaier, Laviolette, Ui'miUard, On motion of llie Honourable .Mr, DeBoucherville it was Ordered., that the minutes of piocecdings of the thirteenth instant, containing an error iie corre''"'l by adding to the seventh line of pagi- 2, idler the word ' amendment " the following words : — •' That the seventh paragraph be struck out and replaced In the iolloAving : "That although convinced of the seriou-^ danger to the riglits and liberty of the Pro\ince of Quebec by any modilication to the British North .America .Act, we will, however, give all our attention to the Bill which will be submitted to us to that effect.'' The order of the day being read for the continuation ot the dobite on the amendment moved by the Hon. Mr, DeBoucherville, (o the seventh ])aragraph of 'he resolution relative to the addrets m an.swer td the speech of his FAcellcncy the Lieutenant-Governor from the Throne, at the opening of the Session, the said debate was continued, and the question of ('(mrurrcni'c beiT)g put ftn the snid mncndmcnt, the House divided, unl the names being called tor were taken down as follo\\s : CONTl-.N'T •i ' Tnc [binourablc Messieurs Aichandieault, Beaudry, Uoneherville, de Ferrlcr, Gaudet, Gingras, LeMairc, Lory, de Pan'ct, Savatie, Webb. Wood.- Ihyson. Hioiuie. Hostaler, Hearn. Li. Bruere, dc Lo\io]('lt:e, I'rudhomnie, Boss, NoN-Co.VTEM.s ; The Honourable Mcssiein-s Starnes, 1 I'n.ulv, 1 H( 'jmillard. — <. L 2 84 So it was resolved in the aHirmative. The cightli jjaragrapli of tlu: said resolution being again read, and the question ot concurrence being put thereon, it was llesolvcd in tiie aUirniativc. The niutli paragraph of tiic said resolution being again read, and the (juestion of concurrence being put thereon, 'I'he Hon. Mr. lioaudry, seconded by the Hon. Mr. Webb, moved That at the end of the said ninth paragraph the following words be added : " But that this I louse desires to express anew its regret that his Excellency the Lieutenant-Cioveruor was advised to dismiss his ministers in March last, at the time they enjoyed the confidence of both branches of the Legislature and of the Province. "That this House is of opinion tliat in acting on this advice, dismissing his ministers, and appointing a new cabinet from the ranks of tlie minority, his ICxcellency was advised to follow a course contrary to the recognised principles of responsible govern- ment." After debute, the ipiestion of coi ^urrcnce being put on the said amendment, the House divided, and the names being called for were taken down as follows : — Contents : The Honourable Messieurs Beaudrv, ' Gingras, LcMaire, Ross, Bouchervillc, de j 11 earn, Lerv, de Savage, Dostaler, La Hruore, ue Prudhomme, Webb, (iaudet. Laviolette, Hoy, Wood — NoN-t'ONTKNTS : The Honourable Messieurs Arclianibeault, Bryson, Proulx, Remillard, .Starnes. — 5. So it was resolved in the affirmative. 'i'he said p> ragraph was adopted as amended. The tenth paragraph being again read and the question of concurrence being put thereon, it was Resolved in the attinnative. ( )n motion of the Hon. Mr. Starnes, seconded by the Hon. Mr. Hemillard, it was Ordeieu that the Hon. Messrs. Proulx, Ri'millard, and the mover be appointed a committee to prepare ':in address based on the said resolution. The House adjourned during pleasure. After some time the House was resumeti, and the Hon. Mr. Remillard reported an address prepared by the said committee as follows : — To his Excellency the Hon, Luc Letellicr de St. Just, Lieutenant-CJovernor of the Province of Quebec. Mav it please youi l'",xcellency, we, Her Majesty's dutiful and loyal subjects the Legislative Council of Quebec, in Provincial Legislature assembled, humbly thank your Excellency for your (iracious Speech from the Throne at the opening of this .Session, and further to assure your Excellency : " W( . sees us, with pleasure met together, for the despatch of the business of this Provi'.'^i . ^''- rest iissered that we will give the gnarcst atteniion to such business. '' Witt. ,'.iii i, celie-. y, we believe our financial condition to be the most important of the subjec - •»; ich wc have to consider. " With vour irxeellenov. we are oi opinion that it behoves us to complete railways alreo"'^' iii'dciiccii, .- i is 'o rc'p, wi'i.i the least pctssible dehiv, tlu' benefit of the sacri.'i ''^ we 'v-r.e loade to .luild then^ •'To.^t: ou' t'le.--' .ndertakings with success and to meet all our engagements, it is indispi nsn'it( that expenditure shudd lie reduced as low as is consistent with the etlieient adu !' -ti ';:on o^'the tublic service. '■' We wdl Larebiltv -"onsiii. ■ the Bill which will be submitted to us, to transfer to the Conuni 101. r ci" i'ublic V\'orks all the powers now vested in the Railway Commis- sioners and to J-ciil. the ofHce. the 85 " \Vc will attentively consider the measure which will be submitted to providi. tor the abolition of Dislriet Magistrates Courts. ''We, although eonviiiecd of the serious danger to the rights and liberty ot' the I'rovinee of Queliee oy any niodifieation to the Hritish North America Act, we will, however, give all our attention to the Hritish North America Act which will be sub- mitted to us to that c^R-ct. " We look forwanl with interest to the comnumicatiou of the judgment rendered, since last session, l)y Her MMJesty in Her Privy Council, od the question of the arbitra- tion between the Provinces of Quebec and Ontario. " >'our Kxcellency may rest a-sured that, we will manifest, in the fulfilment of our important duties, that serious attention, that devotion to the interests confided to us, and that loyalty to our Sovereign Lady the Queei\ which is to be expected irom the Legislature of Quebec." But that this House desires to express anew its regret that your Excellency was advised to dismiss your ministers in march last, at the time they enjoyed the confidence of botli branches of the Le<.;islaturc and of ti;e Province. That this House is of opinion that in acting on this advice dismissing your ministers, and appointing a new cabinet from the ranks of the minority, your Kxcellcncy was advised to I'ollow a course contrary to the recognised principles of responsible govern- ment. " 10. With your E.vcellency, we ardently pray that Heaven may bless our labours and that they may tend to the union, peace, and prosi)erity of the inhabitants of our Province." Which address l)eing read by tlic clerk was unanimously adopted. On nmtion of the Hon. ."'r. S*^arnes, seconded by the Hon. Mr. Proulx, it was Ordered, that the said aa Iress be engrossed and signed by the Hon. the Speaker of this Hou.se. On motion of the Hon. Mr. Starncs, seconded by the Hon. Mr. Keniillard, it was Ordered, that the said address be presented to his Excellency tlu" Lieutenant- Oovernor by the Speaker of this House. On motion of the Hon. Mr. Dionne, it was Ordered, tliat when tiiis House adjourns, it do stand adjourned to Tuesday next, at 3 o clock in the afternoo-i. Th»'u on motion of the Hon. M. Dostaler, The House adjourned until Tuesday next, at 3 o'clock in the ifternoon. Exhibit No. 9- '2nd June last, praying .o be laid bef)re this 1 cellency the Lieutenant- \y of the members of. the di!<'Cl!y to the said dismissal Retuhn to an Addukss from the Lcgis]ati\ c .Vssembly, dated th his Excellency the Lieuteuant-Governor that he will ca.i- House ; Copies of the correspondence e.\.clianged between himsei md his Excellency the Governor-Gcneni! of fhe Dominion, respecting the di.Mni-* d oi' the Dc Bouchers illo Government from oflice. Copies of the correspondence exchanged between hi Governor and iho Honourable Secretary of State. Privy ( 'ouiicil of the Dominion, relating directly or i from office of the De lioucherviUe Ministry. A complete copy of th.e record in the Piernatchez, Uri inger, and Fournier affair, re.-^peeting the appointment and election of a muificip:.! -ouncillor tor the village of Montmayny ; also copy of the letter of bis Excellentv the Lieutenant (Governor, dated tVom Jiiviere Ouelle, ordering the cancelling of the (laid appointment ;■ copies of the report of the Attorney-Cjcnerai on this subject, and of tlie (ancelling of the said appointment by his Excellency ; copy of the corrc ,~ Midence ol' the Hnuourahle J'rovincial Secretary on the subject, and also a copy ot ih.- letter of his Excellency, dated 19th March ls77, addressed to the Honourable I'rovincial Secretary, mention whereof is made in the Despatch of the Lieuteniint-Governor to his Excellency (he (iovernor-(»encral, respecting the dismissd of the Dc Bouchcrville Ministry; copy of the proclamation convening this Legislature for the despatch of business, on the 19th December last; co|»y of the proclamation inviting the people of this jirovincc to ouserve the '22nd November last as a 'I'hauksgiviny Day; copy of all correspon- L 3 86 dcnci oxcfianyod brtMoou his Iilxoctk-ncv nnil the Sccirtary oC Stiiti'. Ihf Prime Miiiistrr, i>r any orhrr mciubtr of tlie I'rivv Council of th(.' Dotiiiiiioii foni't'iniug such rhaiiksiri\ iug Day. \iy oiflev, (SiglU'(l) 1'', (I, M \||( HAM*, St'crc'taiy'^ (^(Tlce, Qiiebeo, Sfcictary. Plt(i\|\(|': fit Q( KDFC. (No. I I Hi 77.) Siu, QucIr'c, NoM'iiibcr lil, 1^*77. I UAvr the honour to inform you that l)y ( )rdcr in Council approved on the \H)\}\ November iii'itant 1 1^77), bis ExiT'ilcncy iho Liiutriumt-Govornur has iHcn pli-ascd to order that n pvacl iiiiation do issue c'on\oniiig the Legislature of tlie I'luviiicc ot' (juebi'C for the 19th l.)eceniber next, for drspatch of business. I have, &o. (Signed) Pit. .1, Jcji.k (i;rii, T.. H. Iluot, Rsq., Assistant Secretary. ( leik of the Crown in Chancers, Quebec. Coi'Y of tlie Ri'.i'oHT of a CoMMn'TKK of the IIoNoruAiir.R the Exv;(rTrvK Coi'n it., duteil l!)th N(ivenii)er 1>77, approvi'd by the F.ieuterianf-Clovernor on llie 'JIMh Novem- ber 1>77- (N(,. .37'i.) On the calling together of the Parliament ol' the Province, The Honourable the C'ommixsioner of Aurii iiltuie and Pid)lic M'orks, in n nii'morandum dated l|)lh Novunbei instant, I '-77, recf Groat Hritain and Irclaiul, Queen, Dclonder of the l'"ai'.h, Sec, &c.. \'c. To Our Ikdoved and Faithfid the Legislative Councillors of t he T'rovinee of Quebec, and the Members elected to serve in the lAgif-lative As.sendiy of Our said Prc- \ iuce. and sunnnoned and called to a meeting of the Legislature of Our ^aid Province, at Our City nf ("Quebec, on the Aid day of the montliol December next, to have been commenced and held — (Jreeting: A PhOCI.AM lIl'N. Whereas the raecling of the Legislature of the Province of Quebec stands prorogued to t lie Hid day of the month of Deceinbei next; nevertheless for I'crtain causes and eousidefatitins. We have ihouglit lit to further prorogue the same to Wednesday the JlJth day of the month of December next, so that neither you nor any of you, on the said .'?rd day of December next, at Our said city of Quebec, to appear and to be held and con- strained, for \\'e do will thai y>u and each of you and idl others in this behalf interested, that on VWdnesday, the lijth day of thv month of De<'eml)cr next, ai (.)ur sujd city of Quebec., [icr'^onally you be and appear for thi de-patcli ol' busines.s, to treat, do, act, and conclude upon those things which in Our Legislature of the J'ro\iucc of Quebec, by the coirimon council ol' Our said province, may by the favour of (iod, be ordaint d in testnnoiiy wluivof, we have caused tlie e Our Letters to be madt Patent, and tlie (Jreat .Seal of our said Province of Queliec to be hereunto allixed : Wifnes-*, Our trusty and wcll-belo\ed the Honourable Luc Letellier do Saint Just, Lieutenant-C/overnor of our saii-l Piovinot of Quebec 87 At Our GoverniiitMil Ikmso, in Our '-ity of Qiiehcc, in Our nnid Piovince, this 23r(l iliiy of November, in tiic year oC :)iir Lord IH77, and in the -Ust ycur ol' Our Kcign. Bv conniiand, L. H. HioT, C'lerk of the Crown in Chancery. Copy ol' tlie Kki-out of a Commh ri;i; of the IIovoiiiAbLH the Exkcutivk Coincil, dated I^Utii October IH77, upproved hy the Lieutenant-Governor on the ;}()th Ot'tol)er 1877. (No. 348.) The Honourable the Commissioner of Agriculture and Public Works, in a report dated 3(ith October instant, 1*^77, sets forth that Divine Providence having protected this Province from tlie calamities which affect oilier nations, and favoured this country with an abundant liarvest, That it is tlie duty uf the inhabitants of this Province to recognise by publii' thanks- iiivint'- that all good conies from God, and that the earth would be steriAC without the assistance of His divine will. The Honourable ( 'oiumissioner therclbre recommends that a proclamation be i.ssued by his Excellency the Lieutenant-Governor making the 22nd of November next a day of thanksgiving to the .Mmighty to thank Him for having protected our hearths from calamity, and for liaving blessid the labours of the people of this I'rovince by granting to it an abundant harvest. Tlie Coiuniittec concurs in the above report, and submits 't to the ajiproval of the Lieutenant-Governor. Certified, (Signed) Fklix Fohtier, To the Hon. the Provincial Secretary, Clerk Ex. Council. Sic, &c. &c. Canada, Province of Quebec. , r r -I L. Lktki.LU'.k. [l.s.] Vh TORtA, by the Grace of God, of the Uuitcd Kingdom of Great Britain and Ireland, Qltkkn, Delcnder of the Faith, &c., dec, &c. To all to whom these presents shall come or whom the same may concern ; Greeting : A Proclamation. A. R. Anoku.s, "1 Whereas the Almighty has been pleased, in His divine goodness, to Atty.-Gen. j" avert from our Province the calamities which afflict other nations, and to bless this country with an abundant harvest ; and whereas it is the duty of the inhabitants of our said Province to return public thanks to Divine Providence for such a signal favour. Now know ye, that by and with the ad^ice and consent of the Executive Council of our Province of Quebec, we have fixed and appointed, and do hereby fix and appoint, Thursda\ , the twenty-second day of NovembiM- next, as a day of public thanksgiving to return thanks to the Almighty for the favours which He has been pleased to grant to the inhabitants of our said Province. Of all which our loving subjects and all others whom these presents may concern are hereby required to take notice and to govern themselves accordingly. In testimony whereof, we have caused these our letters to be made p.atent, and the (jreat Seal of our said Province of Quebec to be hereunto affixed : Witness, our trusty and well beloved the Honourable Luc Letellier de Saint-Just, Lieutenant-Governor of the Province of Quebec. At our Government House, m our city of Quebec, in our said Province of Quebec, this thiitieth day of October, in the year of oui Lord one thousand eight hundred and seventy-seven, in the forty-first year of our reign. .By command, (Signed) Ph. J. Jor.iraaR, Assistant Secretary L 4 C.'anacid, Province of Quebec, District of Montmngny. DiSTHICT MaoISTHATu's CoUHT FOK TIIK CoUNTV OF NfoNTMAl.NV. Kx Parte : — Jules Belanger, cuanlian and proprietor of n bridp;^, in the village of Montmngny, in tne County and District of Montmugny - Eugene Fournier. diver, of the village of Montinagny January .'51, 1877. I'etitioner. Respondent. Present : Jamks Oi.iva, Esquire. The Court after having heard the parties in this cause hy their respective counsel anil the declaration made in this cause by the respondent, and filed in the record and his admissions before the Court, (^)nsidenng that on the Hth of January instant, at a meeting of the electors of the .South Ward of the village of Montmagn}', held at the sa'd place for the election of a Councillor for the said Ward, two candidates were nominated, namely, Eugene Fournier and Ji les Relanger. Co .sidcring that more candidates were thus nominated thiui there were councillors to be elected. Considering that tlie presiding officer of such meeting granted a poll on the requisition of a number of electors required by law, and commenced then i;n(l there to register the votes of the electors ^ resent in favour of two candidates. Considering that such presiding officer, after beginning to register the votes on the said Sth day of January, without waiting that an hour sliimld have elapsed without registering a vote, closed the s:U(l election and proclaimed the s.".id Eugene Fournier as the councillor elected. Considering that the closing of such election and such procl .uiiat;on were illegal, premature, and contrary to the express wording of the law. T'l*^ '^^ourt declares the election and proclamation of the said Eug('>ne Fournier illegal, annul.s .id cancels them, and orders that on Monday, the 19th day of l''el)ruary next, at 1(» of the dock in the fin'cnoon, at the village of .Montmangy, in the South Ward of the said village of Montmagtiy, alter notice given as required by law, there shall be held a meeting of the municipal electors of the South Ward of the said municipality of Mont- tnagny, for the purpo.se of then and there holding a new electi(m to replace the said Eugene Fournier, a.Ii >sc election i» thus annulled by the present. And the Court appoints for such pur^i. the Miiniei|inl Code, luuneiv, seven clear days between the jxibhcation ot' the notice and tlie day of the election. Wherefore wc have protested and notified, a>, by these presents, we do protect and notify, the said Eugene Hainond not to preside over the said election, and tiiat in default of hiH complying heicwi'h, the said petitioners intend to hold him personally responsilile for all costs and expenses which may be incurred uml for all against which we should and may protest in such cases. And speaking as aforesaid wc left a copy of these presents with him at his domicile so that he cannot plead or pretend ignorance thereof. Thus done and notified under No. .^,21(t, at the domicile of the said Kugriie llamond, on the day and on the year first aforesaid, on being recjuired so to do and after its having been road. (.Signed) V, X, Gkndueac. Sib, St. Thomas, Montmagny, February !<), 1877. I rrAvi. the honour to forward you a copy of a jiulgment of the Magistrate's Court for the County of .Montmagny, authorising me to preside over a public meeting which was to have been held to-ilay, the lf)th day of February, for the purpose of electing a councillor for the South Ward oi the nnuiicipalily of Montmagny. In accordance with the copy of the judgment which had been served on me as pro- vided by Article MGl, I did not preside over such met ting because the legal notice, as required by Article 'MV2 of the Municipal Code, and in \irtue of the enclosed judgment, was not given. 1 also enclose herewith the ])rotest served on me this day, the 1 9th of February, and 1 therefore recommend that Jules Bolanger, ratepayer, elector, and proprietor, lie appointed to fill the vacancy caused by the setting aside of the election of Mr. Eugene Fournier, as appears by the suid judgment. I have, &c. To the Hon. Luc Letellier de St. Just, (Signed) Fi (ii';M: Hamond, Lieutcnant-Govcvnor, Quebec. I'rcsident. MoNTKEVL, Ti:Li;(iR\I'U Co.Ml'ANV. Quebec, March 7, l'^77. By telegraph from St. Thomas Village. The public notice for election of councillor in question, on I9th February last, was posted up by the Mayor on the evening of the 17th I'ebruarv. As secretary I was no aware of it. (Signed) J. S. Vali.ek, To A. R. Angers. . Secretary-Treastuer. Pl(oVIN( K Ol' Ql'KIlEC. Sin, Quebec, March <), |S77. 1 havk the honour to inform you that his Fxcellency the Fieutenaiit-dovernor has been pleased to appoint Mr. .fulcs Belanger municipal councillor for the South Ward of the village of Montmagny, in the place of Mr. luigrne Fournier, whose election is set aside. Please notify that gentleman of his appointment. I have, Sic. (Signed) Pu. J. Joiii o:i u, J. S. Valh'e, Esq., Secretary-Treasurer, Assistant-Secretary. St, Thomas Village, co. Montmagny. Secretary's Office, Qucbtc, ^Farcli 27, 1^77. TiiK appointment of Jules Belanger, as municipal councillor for the Souih Ward of the village of Montmagny, is hereby revoked. By order, (Signed) J. A. Cmai'mai , .Secrctar}-. Approved, March 27, 1S77. (Signed) L. Lktellieh. N:m. M » Phovinck or QiKBKc. Qiii'hoi', Mnuh 27, 1S77. IJt'Utciiant-Guvernor oke vt'ui SiH. „ _, I II \m; tlic Imndur to inform you that his I'lxcellnK'y llie IJtutciiant- has tlioiinht propcf, after having' (ihtaineci iiiorr aiiipl)' ii)f{)niiution, to revuivi: >u iippoinlint'iit 118 inuuic'ipnl councillor tor the South Ward ot tlu' village ot '^^onlInllJ^ny. I liavo, \c. (Signed) Ph. .1. Jouhkuh, Jult's Bclangir, Ksij., Montmagny AsxiHtnnt Secretary. Canada, Pkomnck (ti (jUKiiKr. Miini(ipalit\ of the Vilhige of \lontinngny. Ai a meeting of the inmiicipal cloctors i«f the Sovitii Ward of the Corporation of the village of Monluiiigtiy, held on the l!)fii day of Feliiiiary instant, at Id o'clock in the forenoon, in accordance with a judgnieiit rendered hy the Magistrate's Court for the county of Montrnagny, on the :M,st day of .lanuary 1^77, which said meeting was held in th(! house of the Pont Uegent, situate -.vithin tin' limitw of the albreMaid South Ward : I'aicene Ilanumd, I'.sq., the person appointed 1)\ the court to preside ovi-r the said meeting, having rt fused to preside over tiu* saiil meeting, altliough called upon to do so by the electors present, the undeniigncd, Mayor of the said municipality of tlie villige of Montmagny. acting as M\agistrate e.\-oHicio, and as su h the senior magistrate present at at I !ie said meeting, presided over such meeting. Eugene Fournier, having heen ])roposed i)y Louis Dion, llennenegilde Boulanger, and other electors of the said South Ward of the < 't)rporation of the village of Mont- migiiy, as councillor for the said (jiiarter, was nominated, and as no other person was proposed hy the said meeting in (>ppo^ition to the appomtment of the said Kug(>iie Kouniier during the space ot one hour after the said motion, 1 proclaimed the said laigAnc Fournier as councillor duly elected for the South Ward of the * jtlftL"' of Montmagny. in faith of which I have signed these presents at Montmagny on the l})th day of February 1^77, (Signed) N. Biminatciiez, Mayo', Magistrate ex-ofticio presiding over the saiJ meetiug. True copy. (Signed) N. Biornatchez, Mayor. Srii. Montmagny, March !9, 1^77. I lUGUiT to learn from your letter of the UJth instant that his K.xcellcncy the liieutciiant-(iovernor hns been advised not to revoke the appointment of Mr Jides Bchmger, as nniiiicipal councillor for the South Ward in the village of Montmagnv. Article 'M)2 of the Municipal ( 'ode says that " The omi.ssion to give this notice prevents " a meeting of the municipal electors from being held," but there was no such omisision, since notice was given on the 17th February^ as you have been informed by the ex- secretary-treasurer Article '2'.)') i^iiys that, in the case of every general election, " The omission to give " such public notice does not prevent the meeting of the municipal electors from being The ratepayers have the same interest in either case; it was evident that it was only bv inadvertence that Article 362 was not amended, in the same manner as Artick 29;">, by the :<6 VicL c. '21. s. 7- Article l6 says: " >«'o objection founded upon form, or upon the omission of any " formality, even imperative, (.an bo allowed to prevail in an\ action, suit, or proceeding *' respecting municipal matters."' An undisputed fact exists, and that is, that on the l!)th of February 1877 a meeting ot' the ratepayers of the Soutii Ward of the village of Montmagny was held hr the purpose of electing a numK?ipal councillor. That the said n)>'eting was hekl in virtue of a judgment rendered iiy the Magistrate's ( 'ourt. 'JM-al a public ni.itice of the said nu'ctinii was posted ;ip at the church door, and on the house in which tlie poll was held for the said South Ward; and the said .ace was read in a loud and intelligible \c)ice by the undersigned at the '"hurch door after grand mass, on Sunday the ISth of February last, as appears by a certificate under oath filed amongst the archives of the Council. 91 Tliiit the pri'Hidinn oiKccr iippointel liy f.liu said court havin;; rrfuacd f<> pri'siilf over tlie siiid iiieetini;, I was ciilli-'d uptn to preside Tliiit Mr. Kiigenc Foiiriiicr ha\inj( Ixcn noriiiimtcd, and no othor oandidiito having been propoHcd to oppose him, after tin' dtlay (ixid by hiw he wiis decUired elected ity ttcclaination. That Mr. I'lugiMie !''ouniier Uii» been duly sworn in iih munieipal oouniillor, niid ha.s exercised and still docs exercise the functions oC such inunicipul ofTice, us appears bv the copy of thv, iinici\i-n-r/taf oi' the votes and proceedings ol the Miuiieipul Council of the village of .Vlontniigny of the meeting li< Id on the 'J.:rd February last, which I have tiie honour to iransuiit you to be laid before his Mxcollencv ^vii'i these presents. You will observe by the copy of the tt' Mr. Kugene Fournier, even supposing it was irregular, can only be annulled and set aside by the juilgiucnt of a competent court, that so long ns it has not been amuilled by a court of j,i^tice, and Mr. Kug( ae IVurnier hold:j his scat of uuuiicipal couucillor, his K.xcollcncy the I.irut,enaiit-(iovenu)r has no right to appoin* another councillor in his place. That his ivxcellcncy the Liculeuant-d venior having appointed Mr. Jjchinger to replace Mr. Eugcic Fournier before the election of the latter had I pccn set aside, the a])pointment made by his Kxcellency is altogc't'ier null. Notwilhstandiiig the profound i'?pe L which the Municipal Council of the vdlage of Montmagiiy has lor hi.s Kxeellene.> the Licutenant-Cjovernor, and for all the oiders issued in his name, being convinced that iho appointment of Mr Ih'langcr as councillor was made irregularly and illegally, and that to submit thereto would be to waive the rights and privileges seeiued to tvery citizen by the coiisLittiti )n aiwl lavs of this country, the n. ijority of the Council opposes, and will lirmly oppose, th< admission of Mr. Jules Hclangei into its midst. r have, &c. To the lion. J. A. Chapleau, (Signed) N. 13i:KNAToin:z, Provincial SccrotaiT, Quebec. Mayor. Dkpartmknt ok THi; Law Okhcbks ov iiik C'iiow.n. Quehee, March 1 j, 1^77. Ilwrsii taken communication of the pe'ition of N. Hernatcliez, .Mayor of the village of Montinagny, dated 10th of March in.-.tant, and received on the l.Uh of tlic same month, praying tor the cancelling of the appointment of .Jules Helangcr as nuinicipal councillor for tlic .South W.ud of the said village of Montiuagny, and representing that his Excellency the Lieuienani-Crovernor has been deceived and led into error, and that the sMid appointment was made on false representations, I have the honour to report as follows : — The record on which I based my opinion when I recommeniictl the said appointment to his Excellency islablishes t/iat the notice re<|uircd by law for the calling together of the meeting of municipal electors for the new election ordered by the court was not given. A telegram from the secretary-treasurer of the said municipality establishes tiiat the notice of the meeting which was to be hcl on tlu IQtIi of February last was only p:)stcd up on the evening of the 17th by the Mayor, N. Beruatchez. The record also contains a protest calling upon the presiding officer appointed by the jtulgment not to hold the election, owing to the notice of the meeting required by law not having been given. All these documents, with a letter from the presiding officer appointed by the judgment establishing that he had not presided over the meeting, have been sub- mitted to his Excellency with my report recommending the appointment of .fules B61angcr. Article 3()2 of the Municipal Code requires that in the ca.>i' of an election ordered by a judgment of the court, a i)ublic notice be given of the holding of a meeting called together for such purpose. By Article 23js »uch notice must be given at least seven clear days before the day fixed for the meeting. Article '^CrJ says that the omission to give this notice prevents the meeting from being held. The petitioner Mr. Beruatchez, in support of his request tlar the cancelling of the said appointment, does not allege that the notice required by Article .'^62, .vitliout which M 2 IMAGE EVALUATION TEST TARGET (MT-3) A 1.0 I.I ^^. 1^ u lit 1.8 ! , ■ ■ 1.25 ||.4 III 1.6 ^ 6" ► V] A / ^? Photographic Sdences Coiporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 V V -'^ O %' o^ 4^0 l/.. t I 98 the meeting could not be held, was given ; he docs allege only, in support of his request, the fact that on a certain occasion (on which a meeting of electors could not even be held) he proceeded to make a pretended election. A party cannot derive any advantai^e or create any presumption in his favour from the fact iliat he contravened Article 3o2. The pretended election held b}' the petitioner Bernatchez on the day on which a meeting ol electors could not take place, is not only liable to be cancelled, but it is of itself completely null. I am of opinion that the appointment made by his Excellency of Jules Bdlanger as municipal councillor for the South Ward of the village of Montmagny was legally made and should not be set aside. (Signed) A. R. Anoeus, Attorney- General . Province of Quebec. Sir, Secretary's Office, Quebec, March 16, 1877. In reference to the petition forwarded by you on the lUth of this month respecting the appointment of Mr. Jules Bdlanger as municipal councillor for the South Ward of the village of Montmagny, 1 have the honour to inform you that the appointment made by his Excellency the Lieutenant-Governor cannot be cancelled. It has been shown to his Excellency that the notice required by law for calling together the meeting of municipal electors for the purpose of holding the election ordered by the judgment of the court was not given. A telegram from the secretary-treasurer of the said municipality establishes that the notice of the meeting which was fixed for the 19th of February last, was only posted up in the evening of the 17th by yourself. There h;is also been produced a protest calling upon the presiding officer appointed by the judgment not to hold the election, as the notice of the meeting had not been givon as requireii by law. All these documents, together with o letter from the presiding officer appointed by the judgment, establishing that he had not presided over the meeting, have been sub- mitted to iiis Excellency with a report recommending the appointment of Mr. Jules l^rldiiger. Article MrJ of the Municipal Code requires that in the case of an election ordered by a judgment of the court, a public notice be given of the holding of such meeting called together f()r such purpose. By Article 238 this notice must be given seven clear days before the day fixed for the meeting. Article 3(52 says that the omission of such notice prevents the holding of the meeting. In support of your demand for the cancelling of the appointment, you ilo not allege that the notice required by Article 362, without which the meeting could not be held, was gi\ en ; but you only base your request upon the fact that (on a certain occasion wlicn a meeting of electors could not even be held) you proceeded to hold a pretended election. A party cannot derive any advanuge or create any presumption in his favour from the fac. that he has contravened Article 362. The 1 1( c'tion held by you on the very day on which a meeting of electors could not be held, is not only liable to cancellation, but is of itself completely null. Thcrcfi)rc, his Excellency has been advised not to cancel the appointment of Mr. Belanger. I have, &c. (Signed) J. A. Chapleau, N. liernatchez. Mayor, Montmagny. Secretary. ExTUACT from the Re(.istei{ of the Votes and Proceedings of the Municipal Council of the Village of Montmagny. At which meeting '^f the 23rd of February 1877, were present: Nazaire Bernatchez, mayor, Francois X. Gendreau, Joseph Michon, Godefroi L/'tourncau, Louis L»''tourneau, Albert Fiset, and Eugene Fournier, Esquires, forming a quorum, the Mayor presiding. Mr. Gendreau moved, seconded by Mr. L(''toumeau, that a public notice be given on Sunday next, at the close of divine service, that tenders for placing iron on the piers of the Regent Bridge will be received from now until Monday next, according to the 8j)ecificatiou to be furnished by the secretary-treasurer. — Carried. 93 Mr. Louis Ldlourneau moved, seconded by Mr. Godefroi Le.otirneaii, thsit it be resolved and ordered by this Council, that at the first sittinij of this Council, Jean Stanislas Viillik?, Esq., M.P., Secretary-Treasurer of the Municipal Council of the village of Montmagny, do gi*e to this Council a legal statement of account showing the sums received by him in his quality of secretury-treasurer, of the expenses, contributions, and taxes otill due, giving in detail the name of each ratepayer, the amount paid by him and the date of piiyn)ent, and that this statement he supported by \oiichers. — Carried. Mr. Gendreau moved, seconded by Mr. Michoii, that the CJouncil do adjourn until Monday next the 26th February, to receive the tenders for placing iron on the facing of the Regent Bridge. — Carried. (Signed) N. Hkiinati m;/. Mayor. J. S. Vai.t.i;:k, .Secretary -Treasurer. Province of Qi'kbec. Municipality of the Village of Montmagny. I, EuotNK ForRNiKU, having been duly appointed councillor for the South Ward of the Corporation of the village of Montmagny, do swear that I shall well and faithfully fulfil the duties of my office, and that to the best of my judgment and ability. So help me God. (Signed) Ki(;i:\K Foirmek. Sworn to this 2:Jrd day of the month of 1-Vbruary IS77, nt Montmagny, before me the undersigned Mayor. (Signed) Nazaiuk Heunatciikz, Mavor. J. S. Valmok, Secretary -Treasurer. Certified a true and faithful copy of the register of the votes and jiroceedings of the Council of the village of Montmagny. (Signed) Nai'olkon Bki.an(;k.u, Montmagny, March 17, IH77. Secretary-Treasurer. Mav it please vour E.\cEr,i,EVcv, Montmagny, March 10, IH77. I TAKE the liberty of respectfully informing you that on the li)th day of February last, Eugc'^ne Fournier, of the village of Montmagny, was elected by accla- mation municipal councillor for the South Ward of the said village of .Montmagny, at a meeting of the municipal electors of the said ward, held in accordance with a judgment rendered by the Magistrate's Court for the county of Montmagny, dated the 31 st January 1877, as appears by a copy of the minutes of the said meeting, which I have the honour to enclose herewith. That the said Eugc^ne Fournier has l)een duly sworn in as numicipal councillor, and that he has already exercised and still exercises the duties of the said office. The Council learns with regret that your Excellency has been deceived and led into error, and that in consequence of false representations your Excellency, being under the impression that the said seat was vacant, has appointed Jules Helanger as the person to fill the place of municipal councillor for the said ward. Under the circumstances we respectfully hope that, in consideration of the facts elsewhere set forth, your Excellency will be pleased to cancel the appointment of the said Jules Bclanger, so as to avoid the inevitable trouble to which this conflict of authority will give rise. I am, &c. (Signed) N. Bernatciiez, To his Excellency the Hon. Luc Letellier dc St. Just, Mayor. Lieutenant-Governor of the Province of Quebec. (Translation.) Mv LoKU, Government House, Quebec, March 1}), IHJS. The annexed explanatory case which I now address to your Excellency will, I am persuaded, have the eflfect of showing that I have always acted towards M. De Boucherville and his colleagues with good will, and with every desire of aftbrding to them co-operation during their tenure of olTicc. U 3 94 111 ill) 111 i»\ I ii£]t'iiiV'<;ive my sanction to the Bill in the state in which it was. 'I'lie conciliatory spirit which I showed in granting my consent seemed to please him. 3rd. In March 18/7 (vide Appendix A.) my advisers caused me to make an appoint- ment of a municipal councillor for the South Ward of the village of Montmagnv, under the pretext that there had been no election, or that if such election hud taken |)]ace, it was illegal. The whole of the circumstances connected with this case I deem it my duty to explain to your Excellency, on account of the important prijiciple involved therein. After due personal examination of the petitions and other accompanying documents relating to that election, 1 called on the Premier, at his own office, lo beg of him not to hurry the appointment which he was asked to make of a municipal councillor for that lociility before receiving more ample information. I pointed out to h'~n that it appeared that a municipal election had taken place, and that in such case, as a principle, the Executive Council should not interfere. I added that from the moment that a legal, or even an illegal election had taken place, the duty of deciding it icsted with the courts in accordance with the ordinary course of law, of which they are the interpreters. I then intimated to Mr. I)e Houchcrville that I maintained on principle that all matters cognisable by the judiciary should be invariably left to the courts, wiiicli from their organisation are better fitted than the Executive to inquire into mutters of fact and of evidence, and that I would never allow the substitution of the powers of tl e Executive for those of the courts when the latter had jurisdiction. The Premier admitted that this opinion and the principles on which F biued it were in conformity with his ideat, and nt^cessary for the proper administration of justice. He asked me if 1 would consent to see Mr. Angers, the Attorney-General, on the subject. I at once consented, and the Attorney-Cieneral was immediately sent for; the fiicts connected with that election difficulty, and my views regarding them, wi-rc then com- municated to him. He promised that before any appointment should be made by the Lieutenant-Governor, he would raaki" inquiry. Shortly afterwards be reported to me that he had made an inquiry into the facts of the case, and, at his suggestion, I appointed Jules IV'langer to be councillor. In the beginning of March 1S77, difficulties and quarrels arose at Montmagiiy in consequence of that election. After that appointment those quarrels broke forth afresh in the Municipal (oimcil itself, froir, which the councillor, whom I had thus been caused to appoint, was ex- pelled with violence. That appointment I was recc .amended to make, notwithstanding the fact that an election had taken place; that it Kad been held and i)icsided over by the Mavor, that Eugene Fournier had been r« .urned by acclamation; that he had been sworn in according to law, and that, at *Iie very time wiicn the appointment of Jules Bclanger was recommended to me, the person thus elected had in Jiut taken his scat, had been sworn, and had sat at the said Council, as appears by the minutes of the Council. When 1 afterwards learned these facts, 1 communicated them to the Premier, whom I requested to prepare a revocation of the appointnu^nt which I had thus been caused to uuikc, contrary to the principle above set forth, and the juslice of which he had himself admitted. The Premier answered that the matter was of a very delicate nature, as such a pro- ceeding would be contrary to the recommendation of Mr. Angers, his Attorney-General ; he concluded by saying that he would get him to prepare a report on the subject. 1 received that report some days later. .'Vfter having read it, I again intimated to M. Dc Boucherville, that in the interests of peace, and in conformity with the principle that the Executive should not be substituted for Judicial powei' in matters within the province of the latter, I insisted upon the revocation being made. M 1 96 After waiting several dnys for un answer, and not having received any f'rohi the I'lenuL-r, I addressed a letter to him, of which the i'ollowhig is a copy j — "(I'rivute and Confidential.) Mv DKAii DkUoi ciiKHvn,i,K, Qucbcc, March 14, IH77. ' I iiAvi; not received any answer on the siiliject of the aopointmcnt of a councillor at -Montiiiagny. " I'lio^e who deceived the (lovernment in order to induce me to perform an Kxecutivc act ill connexion witli a question which they then knew to be within the Judicial power, do not, in my opinion, deserve consideration, which cannot but be injurious to the (lOvernment and myself. " Tlie remedy is very simple — rescnid the appointment — allow the parties interested to fight it out before the courts. •' Yours very truly, " (Signed) L. Lkteixikh." If, my Lord, I insist upon this latter point, it is to show your Excellency that the Prime Minister was then perfectly aware of my views on that point, and should not, in coiiscqwence, have intro(hiced, during the last session of our Legislature, any legis- lative measure or performed any administrative act tending to substitute Executive for Judicial power, without notifying me, and especially without advising mc on the subject. Jt was easy lor the Premier to understand from my remarks and the frequent conver- sations which I had with him, that I could not consent to see Her Majesty's subjects despoiled of tlic rigiit guaranteed to them by Magna Charta, that their property should never be interfered with, except in virtue of judgment rendered by the tribunals of the country. 1th. On the 19th March 1877, being on the eve of absenting myself for a fiew days, I wrote t«) the Honourable Mr. Cliapleau, and in a postscript 1 said, " Please oblifjc mc " by telling the Premier that if he needs my concurrence Mr. Gauthier may bring down " to me the documents requiring my signature." M. DeHoucherville should have understood from that, that if I was ready to give him my concurrence, it was on condition of having all documents submitted to me before signing them. I leave you, my Lord, to judge in what manner my views were interpreted. r)th. Under date of the 6th of November last I addressed to the Honourable M. DeBoucherville the letter of whicii the following is a copy : — " (Private.) " Mv DKAn DkRouchkrvim.e, Quebec, November 6, 1877. In the last Official Gazette were published under my signature two proclaiuations which I had not signed. " One was for the sumiii ning of Parliament, which I had reserved in order to confer with vou ; the other, which I did not even see, appoints a day of thanksgiving. " 'i'liese proceedings, the nature of which 1 shall not characterise, entail, apart from their impropriety, invalidities of which you will easily understand. *' Yours, &c. " The Hon. C. B. DeBoucherville, (Signed) L. Letellikr. " Premier." The following are the notes which I took of the conversation which I had with Mr. DeBoucherville on the subject. " Mr. DeBoucherville came on the same day he received the letter, to tell me that he regretted the thing had occurred, and that it was no fault of his. I accepted the excuse, and I then told him that I wouhl not tolerate my name lieing used when necessary for any duty of my oHice, unless the documents requiring my signature had been previously submitted to me, and unless information was afforded to me ; which M. DeBoucherville assured me would be the course followed in future. "(Signed) L. L." 6th. Bat, my Lord, there is another point still mere important, which I cannot any longer refrain from mentioning. I'rom the conversations whicii I have held with M. DeBoucherville, there results a 97 tact, which, if it wore known, would of itself have sufliciontly justifit'd inc in belifving thftt he (lid not poss ss the coufidono' of the people of this I'lovince. On two diftevent occasions, some time after the session of I.s7<), I pointed out to him that millions hud been voted to aid railways in general, at a time when our fiMunccs did not appear to nic to be in a condition to warrant, all at once, a lavish expenditure in subsidising these numerous undeitakin<;s, particularly as, apart from that, our credit was so heavily pledged towards the building of the " (Quebec, Montreal, Ottawa, and " Occidental Railway." He very frankly avowed that these grants, thougli they were for the development of the Province, had been necessitated by political considerations, that without them the support of the members whose counties were traversed by those railways, would cease to l)e secured to (lO'ernment ; that there would be no means of having a majority; that those members formed coml)inations — " rings " — to control the House. M. DeHoucherville is not unaware that I thereupon told him that it was-' better to save the Prt)vince than a Ciovernmenf, and that if his administration was not strong enough to resist those inHuences, it would be better for him to Ibrm a combhiation of honest and well-meaning men from both sides of the House, rather t' iorth America Act, 1867, he recommends to the Legislative Assembly. " Government House, Quebec, ";j()th January IS/f^." My ministers never had, by their own admission, any other authorisation from me for the introduction of their .ailway and taxation resolutions than the blank signature above- mentioned, in which not a word is said of them. Besides which, it will be noticed that the railway resolutions were introduced on the liOth January, whereas the message is dated the :«)th. It is fcir this reason, my Lord, that I bring to your knowledge all the facts and details Avhich are connected with the relations which I have had with M. DeBoucherv ille and his colleagues. Were the controversy with me alone, as a private individual, I would abstain from any remonstrance against the injustice of their reflections upon the conduct of the representa- tive of the Crown, which the^ have made in violation of their duty ; but in this matter the maintenance of the constitution is at stake. N 384. N ) 98 If, without any authority from me, procliunatioiis have hecn puhlishcd which F nc\cr sigiidl, is it surprising that luetisiigos wen* coininunicttti'd in my ntui" ' " the Houses rcspectiug which t hiif my oftice, but to atford to the people of this Province an opportunity of knowinj; tiiat, under existing circumstances, the exercise of the Royal prerogative has not liccn hostile to their conntitution;il liberties; but that, t»n the contrary, it has arfbrded them the means of freely exercising their judgment. There results, my Lord, from what I have now stated : — 1st. That ill general the recommendations whicii I made to my c.binct did t receive the consideration which is due to the representative of the Crown. '2nd. That my name has been used by the members ot the (lovernment in the signature of documents which I had never seen. ;in!, 'I'liat !i proclamation summoning tin- Ligisliiture was published in the Official Gazette without my being consulted or iiitbrmed of it, and before my signature had been attached thereto. 4th. That a like proclamation lixing a day of thank.sgiving was also published under similiar circumstaiiees. nth. That although I had intimated to the Premier by my advice, and by wy letter of the nth March,! n77, .ny firm determination to protect the inhabitants of this Province against the arbitrary decision:' of the Executive in matter.- within the jurisdiction of the (uurts of justice, he thought proper, without n.y participation and without advising me, to propose to both Houses, in legislating for the '• Quebec, .Montreal, Ottawa, and Occidental Hallway," to substitute the power of the Executive for that of the judiciary. 6th. That, without having advi.sed me. and without having received authorisation of anv ^ort whatever from me, the Ciovernment of Mr. Denoiicherville proposed to the Legislature a measure of almost general taxaticm upon the ordinary contracts and transactions of lite, transfers of bank stock, tVc, while no message from me had been asked tor this object, nor signed by me to authorise its projiosition to the Houses. 7th. That, after its dismis.sal, the Government of Mr. DeBoucherville again failed in its duty by assigning reasons for the adjournment of the House from day to day different from those agreeil on between myself and the Premier, at the risk of prejudicing public opinion against the representative of the ( 'rown. Sth. That at the time of th'^ comiminiciition of the causes which rendered necessary the dismis.sal of the cabinet, in the explanations which were given by the Premier to the Legislative Council, and by the Attorney-Ciencral to the Legislative Assembly, both of them ref(?rred to pretended conversations whicli they had no authority whatever to conuniuiieate to the Legislature, since the Pr« niier had, by his answer to the letter of the Lieutenant-Governor of the 4th March last, limited his explanations to the communi- cation to both Houses of my nemoraiida of the 2.')th February and 1st A/arch, and the answcr.s of the Premier of the 27th February and of tlie 2nd and 4th March instant. 9th. That, therefore, the additions and the comments made by the Premier before the Legislative Council, and by the Attorney-General before the Legislative Assembly, were contrary to the conditions agreed upon between the Lieutenant-Governor and the Premier. lorh. That the Premier and his colleagues, by making u.se of pretended private con- versations to explain the causes of their dismissal, in contravention to their duty to the Crown and to what they had pledged themselves to observe with regard to it, have placed the Licutentant-Governor under the necessity of bringing under the notice ol youi Lxctllency all the reas )ns for that dismissal. I have, iScc. To the Hight Hon. the Earl of Dulferin, (Signed) L. Lktki.likr, K.P., K.C.I?., G.C.M.G., Licutcnant-CJovcraor. Governor General of Canada, Ottawa. 90 Al'PKNDIX A. ('I'runslation.) SiTMMAHv oi- OiitriAi, Recoiid. Ill Jaimarv 1m77 nii election liad laktii phuc for the South Ward of tlic villiig< of Moiitnuimiv. 'I'iiai flection haviiifr l)een dcclaiod null and void hy Ihc court, it onh.-rcd a t'rc^h election, and appointed Kugenu ilamond to preside thereat. On the dav fixed, Eugene Hamond ret'using to preside, Naz IJernatehez, Ksij., Miiycn of the Miinii ipal t}, the senior niugis^tiate present, presided. The nK.rtinfj elected Kugc'^nc Fournier. Kup;(\ie IlaiJiond wrote to the l.ieutenant-Oovernor lie had not presided at the mcctiiii;, without adding, however, that there had been no election. He leconiinended at the same time that Jules Ikdanger be appointed. iMigene rournier, elected at the meeting of the J 9th February, took the oath ot ofliee and took his seat on the '2'Md I'ebruaiy. On the IWii ot .Vfarch the Attorney-(ieneral (Mr. Angers) recommended the appoint- men! of Jule? Helanger, who was accordingly appointed on the 7th of the same month. On the 10th of March Mr. Bernatchez, Mayor of Moiitmagny, addressed to the Lieutenant-Ciovernor a memorial setting fatli the facts, and praying that the appoint- ment be cancelled. On the l.'ith of March the Attorney-General made a report, recommending that the appointment of J ulc-- Helangcr iie maintained. On the 27th of March the Lieutenant-Ciovernor revoked that appointment, on a report of the (iovevnment. APPENDIX B. (Translation.) Quebec, March 4, 1S78. Till- Lieutenant-Governor desires that his two memoranda (oi the 2.5th Fc hruary and 1st March), addies.sed to the Hon M. DeBoucherville, and the answers made to those memoranda by the Hon. M. DeBoucherville (of the 27th February and 3rd March) be not now conmiunicated to both Houses. That connnunication, authorised by the Lieutenant-Governor at the request of the Hon. M. DeBoucherville, should be made as soon as the arrangements lor the formation of a new Executive Comicil are completed. The Hon. M. DeBoucherville may conununicate to the Hv)use3 that the adjourniucnt from day to day is rendered necessary by the last-mentioned cause. (Signed) L. Lktkli.ieh. To the Hon. C. B. DeBoucherville, Quebec. (Translation.) Yt)un ExrEi.LiCNcv, Que])cc, March 1, IS/s. In conformity with your wish expressed in a letter of to-da v"s date, I shall with- hold, until the formation of a new E.xecuiive Council, the explanations I was authorised by your Excellency to communicate to the Houses. I have, \c. (Signed) C. B. Di;Boi:cuerville. (Tran.slation.) Government House, Quebec, February 2."), 1878. TuK Lieutcnant-fjovernor desires the Executive Council to prepare, ior his con- sideration, a " tactum " containing a copy of the following documents, viz. : — N 2 100 I. A fopy ot the Acts of the Federal Parliiitncnt uiithoriHing the (•(iiiHtnulidti of the railway now known undi-r the imnK- of " Qiichcc, Moiitreiil, Ottawa, and Occiik'nt-il Uiiilwiiy." UM well as a c<)py of the Act* of tlie Legislature of the Province of Quelne rc8|>ccling tlie suiil railway. 'i. A copy of the Acts of the Legislature of the Province of Qiichec, respecting tlie building of the railway lietween Quebec and Montreal, which line is conmioiily de>ignate(i by the name of" North Shore Railway. " '.\. A copy of the byelaws of each of the municipal corporations by which they under- took to help ni constructing the said railways. 4. A stnti'ment of the amount of the bonus paid by each of those oorporations, and a copy of the correspondence between the (Jovernment, its ('nnmiLsioncrM or the contractors for the said railways, and the aforesaid municipalities, with regard to their bonus or subsidy. .'j. A copy of the various contracts entered into for the building of those severa' roads. 0. \ copy of the oincial or confidential reports of the engineers who have JKicn ordered to locate those lines of railway in whole or In part. /'. A copy of the report of ilu' Railway ( "ommissioners submitted to the Houses, during the present session, with regard to the said railways. 8. A copy of the representations made to the (rovcrnment by the municipal bodies so interested, of tlie ratepayers of those municipalities, with regard to the conditions of their bonus or subsidy. 9. A copy of the resolutions which have been proposed to the Provincial Legislature during the |)reseiit session, with regard to the aforesaid subsidies, and to facilitate the payment and collection thereof 10. .'\ copy of the Rill based on those lesolutions which has been introduced in the Legislature of Quei)ec during the present session. II. A plan showing the several locatings of each of the said railways or of any part of tlieni. I:;. A statement of the reasons which led the Provincial (Jovernment not to be satlslied with the provisions of the statutory and public law and of the civil code of this Pro\ince for the recovery of any sums of money which may be due b}' those cor))(irations, but, without previously advising in any w a}' with the Lieutenant-Governi/r, to propose ex post t icto legislation t«i compel thei i to pay. .Another very important Bill, to make |)rovisior for levying new taxes, bus also Ix'cn proposed to the Legislature, without having been previously submitted for the consi judicial proceedings, the result of the bad fuilh of the municipalities would have been titlur to ne upon municipalil, 's wlio had entered into no agreeinciU, and who are to derive no iinmednite advantajfe from the construction of the road, or to put a coini>lete stop to the works begun, with the inevitable loss of" the interest on the enormous capital already invested in the enterprise, ami the other damages which would result. 'I'hc (lovernnient, firstly obliging itself by that law to fulfil the con- ditions agreed upon with those munieipalilics, believed that in substituting for the ordinary courts the Lieutenant-(iovcrnor with an I'.xecutive (-ouncil, responsible lo the Legislature and to the people, they were offering to parties interested a tribunal which insured them as many guarantees as the ordinary courts. I would further bring under your Kxccllency's notice that provisions of a similar nature to this legislation exi^l already in our Statuto. I may cite to your I'.xcellency Ciiap. h3 of the Consolidated Statutes of Canada, and also Chap. I" oi' ,\H Vict, of the Statutes of Ontario. I respectfully submit to yoin- K.\cellency that a law framed to better assure the execu- tion of a contract cannot produce a retro-active effect ; it enacts for the future, and has for its end the respective interests of both parties. I would now beg your Kxcellency to observe that while you were at Kivii'sre Ouelle, I had the hon ur to ask your authority to put the (piesticm of finance before the House, and that you indly answered, stating you were forwarding through the mail a blank, •which act I tttrr cannot lose sight, of the fact thai, aithoiiu'h there was no intention on his pari, in fact the thiiiu exist>, n>, the l,ieiiteiiunt-(io\ernor tuld liitn. The fact of huviiifr propos< d to the Houses Hcverul new and important incaHurpH without having previously in any way advised the I,ieiitrnaiit-(iovenior thcreol, allhoiigh thi iulention rcdeces«ior of the present Lieutenunt- " Ciovrriior, the late laineiited Mr. ( 'aron." This reason cannot be one for the Lieulenant-Ciovernor, lor in so acting ho would liave abdicated his position as representative of the Crown, which act neither the T-ieutenanl-( iovemor nor th.> I'icmier could reconcile with the obligations of the Lieutenanl-CJovcrnnr towards the Crown. The T.iciitenant -Governor regrets having to state, as he told the Premier, that ho has not been iniornu'd, in uonoral. in an explicit manner (jf the measures adopted by the cabinet, although ihc Lioutenant-Ciovernor had often given the i'rernier an opportunity to do .so, especially during last year. Iroiii time to time, since the last session of the liCgi.slature, the Lieutenant-Governor has drawn the attention of the IVemier to several subjects regarding tiie interests of the Province of tjuebec, amongst others : 1st. "^riic enormous cvpcnditUiX' occasioned by very large subsidies to several railways, while the I'rovinci' was burdened with the construction of the great jailway from t^uebec to ( )ttawa, which should take piec< dence of the others ; and tliis, when the slate of our finances obliged us to '..nderlake loans disproporfioned to our revenue. I'lid. The necessity of reducing the exi)cnses of the Civil (ioveriiment and of the Legislature, inste;ui of lia\ ing recourse to new taxes, in view of avoiding finaucial emburrassmcnt. The Lieutenant-Governor expressed also, but with regret, to the Premier, that the Orders passed in < 'ouncil lo increase the salaries of Civil Service servants seemed to him inopportune, at u time when the (Government were negotiating with the Bank of Mon- treal a loan of half a million, with power to increa.se that loan to <<1,0()0,()(U), at a rate of interest of " (seven) per cent. ; ancl indeed, even to-day (1st of March), the Lieutenant- Governor is obliged to allow an Order in Council to be passed to obtain the last half raillicn for the Government, without which the Governintut would be unable to meet IU8 its oblifffttiDtii, uH I WHS inlbnncd by the lion, the Provincial TrcaHiircr to-(-e!*.iitiite Miweiiii legii^iiition to iiu'U'iiM' public luxation. Thereloro the l,ieulenant-(iuvernor Hiiid nnd repeated the^'e thiri^s to tlic I'lvmicr, and lie deeinrt it iid\ isiil)le to record thern ). re, that they niiiy Merve a* iueinonin(hi tor hiniNell nnd tor the I'lciiiier. It therefore resiilt.s : Int. That iilthoimli the Lieuteniint-(i()\ernor has miide iniiiiy recointiieMdulion.x in his position an representntive of the ('rowii to the I'rcniier on thcMc ditHrent hubjec ts of public interest, hi'^ advineiH havi undertaken a eours^i' of adMiini>tiiitive and legislative nets eontruiy to these recoinniendationt*, and without h/ivin^; previously udvisud hini. Wnd. That the I aeutenant-( Governor Iium l)icn placed, without evil intention, but in tact, in u lalw position, bv bein^ ixposed to a eoiilliit with the will ot 'he Le^n'^lature, which he recognise:> as being, in -ill eases, fiupreine, ao lung as that will is expreHMed in all constitutional ways The Li«utenant-(iovernor hafi read and examined carefidly the mcniorondum and documentH which the IVernier was kind enough to bring him yesterday. There are, in the record, petitions (ioni several nuuiicipal lorporations and from citizens of dilierent places, addressed to the hieutenant-(io\ernor, against the re^tolutions and the (iovernmcnt Hill, with regard to the " Quebec, Montreol, Ottawa, and Occi- dental Hallway." The Kieutcnant-(iovernor was only yesterday able to take cognizance of some of these petitions, as thev had not U-e?! conununicated to him belore ho received them in the ricoid. The IJeutenant-Ciovernor, after iiaving maturely rUliberated, cannot accept advice of the Premier with regard to the sani tioniuij of the !{ailway Bill, intituled "An Act respecting the Quebec, .Montreal, Ottawa, and Occidental Uailway." For all these causes the Lieutenant-(iovernor cannot conclude this memorandum without expressing to I lie Premier the regret he feel.s al being no longer ubie to continue to retain him iu his position, contrary to the rights and privileges oi the Crown. (.Signed) L. Lktellikh. To the lion. (.'. B. DeBoucherville, Prime Minister, Quebec. (Translation.) Your Excf.li.kncv, QuebcC; March 2, IH/i^. I H.WK the honour to acknowledge the recpii)t of your memorantlum, in which you come to the conclusion that you can no longer continue to retain me in mv po>ition as Prime Minister. There is no other duly for nu- to fulfil but to submit to the dismissal from office, which your Excellency has notified me of, declaring at the same time my profound respect t(>r the rigliLs and privileges of the Crown, and my devotion to the interests of the Province. 1 ha\e, ike. (.Signed) C. B. DkBoucheuville. To his Excellency the Lieutenant-Governor of the Province of Quebec. No. -i. GovERNon-GENKnAi, THE MARQUIS OK LOKXE, K.T., to the KKiiir II.ov. Sill MICHAEL HICKS BEACH, Haut. (Received :\]m\ I. I879.) Canada, ( Jovcrnmciit House, Ottawa, SiH, March 1,"), IS79. With my Despatch of the ."ith instant* I had the honour to trnnstnit to you copies of a correspondence which had been submitted to the Dominion Parliament relative to certain ministerial changes which t«iok place iu the Province of Quebec in the early part of last year. * No. 1. N ■) 104 A iv . (lays after this paper Imd l)een laid on the table of the Mouse, Mr. J. A. MouHscaii, a supporter of the Government, gave the following notice : — " That this " House do resolve that the dismissal by the Licutenant-(iovernor of Quebec of his " ministers on the 2nd day of Marcu 1H78 was, under the circumstances, unwise and " subversive o\ the position accorded to the advisers of the Crown since the concession " of the principle of responsible Ciovcrnment to the British North American Colonics." The motion came up for consideration on the 12tb instant, and was debated on that and the succeeding day, and on the morning of the I4th instant a division 'vas taken with the following result: — Yeas, 136; nays, .51; a majority of 8.> in favoar of the motion. Twent^'-one members were absent or did not record their votes. I enclose an extract from the newspapers, giving a full report of the debate, pending the issue of Mansard, which will be sent to you in due course.* Mr. Mousseau's motion was identical with one on the same subject moved by Sir J. A. Macdonald in the last session of I'arliamcnt and defeated by a majority of 32. I have, &c. The Right Hen. Sir M. E. Micks Heach, Bart., (Signed) LOIlNlv Sec. &c. ike. No. 3. GoNKUNori-CircN-KitAL T.ii: MAKQI'IS OF LOHXE, K.T., to the Rh.ut Hon. Silt MICHAEL MICKS BEACH, Bart. (Received April 28, I87().) (loveinment House, Ottawa, Srii, April 9, 187!). W'rru reference Lo *he oorrospoiidcncc noted in the margin concerning the action of the Lieutenant-Governor of Quebec, the ministerial G;;;::;;;:;:SSN:;:n;M:;:M5;^^?<^t changes i., that Province, which resulted from that action, and the subsequent events which have occurred, 1 have now the honour to report that on Saturday, the 2{)th March, Sir J. A. Macdonald came to Government House, and attor conversation on other subjects, stated that he had waited until the return of Mr. Langevin from Quebec (whither he had gone on account of a family bereavement), and for the return of Mr. Masson, to communicate to me the decision the ( 'abinet had arrived at with regard to Mr. Letellier, the Lieutenant-Governor of Quebec. The decision was to- the effect that the u>efidiuss of Mr. Letellier had gone, and that he must be relieved of his office. 1 said that Sir John must know, from what F had already said to him on this subject, that I could not agree in the policy he recommended, but requested him to give his reason in writing, and told him I should put my reasons against such a policy in writing. He intimated that he would do as I rc(]ue>trd. 1 said further, that I considered that the dismissal of the Lieutenant-(iovcinor would set a dangerous precedent. On Wednesday, the 2iid of A[n'il, Sir John again came to nu', and informed me that, as an alternative, he suggested that the question involved in the dismissal of the Lieutenant- Governor of Quebec should be referred to Her Majesty's (iovernment. I aisentcd to this, and he produced a note of the statement he proposed to make to the House on the subject ; it was in these terms : " Sir John Macdonald waited on his Excellency the " Governor-(icneral, and informed him that after the resolution of the Senate in the last " session of Parliament, and the resolution of the House of Commons during the present " session, it was the opinion of his Excellency's advisers that the usefulness of the Hon. " Mr. Letellier as Lieutenant-Governor of Quebec was gone, and they advised that in the " public interest it was expedient that he should be removed from his oHice. His " E.xcelleney thereupon was ])ieasefl to state that as the Federal system introduced by the " British North .Vinerica .'\ct of 1867 w'as, until then, unknown in Great Britain or her " Colonies, there were no precedents to guide us ; that the decision in the present case " would settle for the future the relations between the Dominion and Provincial " {lovcrnments, so far as the office of Lieutenant-Governor is concerned, and that he " theietbre deemed it expedient to submit the advice tendered to him and the whole case " with all the atteiuiant circumstances to 1 ler Majesty's Government lor their consideration " and instructions." * Newspii|i(.'r pxtratts not prinli'J. ■f Nos, I (ind 2. 105 ?, Mr. .1. A. -"That this iic'bcc of his , unwise and le concession Colonies." )at('d on that m was taken ivojr of the late, pending lOVed by Sir y of 32. ?, &c. LORNlv roHT Hon. ^79.) J, Ottawa, ). g the action e ministerial d from that ive occurred, , Sir J. A. icr subjects, )ec (whither Mr. Masson, rard to Mr. effect that is office. I subject, that lis reason in ting. He ed that the led uie that, Lieutenant- aisented to ousc on the cellcncy the e in the last the present of the Hon. I that in the oHice. His iuced by the ritain or her present case Provincial and that he e whole case lonsideration 1 ! I informed Sir John Macdonald that I agreed to his suggestion to use the above words in making his statement to the House of Commons, .Some misconception having arisen witli reference to the statement made t> the House, Sir John Macdonald on Monday the 7th April rose in his place, and in answer to Mons. Desjardin said : " I am glad the honourable member has asked the {juestion. I i)eg *' leave to stale to the House that the Postmaster (icneral, my colleague, will sail by " the next Canadian steamer for England for the purpose of supporting, with the consent " of the Governor-General, the advice given by the Government lor the removal of " Lieutenant-Governor Letellier. He m;iy, perhaps, be accompanied hy another gentle- " man ; at all events he goes next Saturday. I need scarcely say tiiat the fact of our " holding the position we do at this moment shows that the Governor-General did not " make that reference against our atlvicc, and the fact of our remaining in office shows '• we hold ourselves responsible for the action of the Governor-General." It will Ixi seen from the foregoing n:irrative that in referring the question of the dismissal of the Lieutenant- Gen ernor of Quebec to Her Majesty's Government I have not acted against the advice of my Mini>try. I consider that it is important thaC an opinion bo given on the subject by Her Majesty's Government, for it is expedient that an authoritative expression of their views be obtained with reference to the powers given bv the British ?sorth America Act of 1867 to the (jovernor-General, in respect of the dismissal of the Lieutenant-Governor of Quebec. By clause 12 of this Act it is provided that, in certain cases, the Governor- General has power to act individually, and in clause 5!), the words " in Council" are omitted, and the language used is " a Lieutenant-Governor shall hold office during the " pleasure of the Governor-General." Sir John A. .Macdonald will refer to tiiis point in a memorandum which will be forwarded on Monday the 14th instant. In the case of Lieutenant-Governor Letellier, the dismissal proposed would establish a new precedent. He would be dismissed, altliougii the responsibility of the act for which he has been censured by the present Dominion House of Commons lias been assumed by his minister, M. Joly, \ iio with his colleagues has been able to carry on the Government of the Province since the provincial elections which took place in the summer of last year. To dismiss the IJeutenant-Govcrnor ibr acts, for which \l. Joly has declared himself to be responsible to the Provincial Legislature, is a new exercise of the Federal power, and as it affects the interpretation of an Imperial Act, which carefully guards Provincial interests, I consider the wish of Sir John Macdonald to refer the matter to the Imperial Government as wise, and meeting in the fullest manner the recpiirements of the consti- tution . This Despatch has been read by Sir John Macdonald, who has pronounced the narrative of the conversations which have taken place between us to be accurate. I enclose extracts* from the public newspapers, of ail shades of politics, with regard to this important question, and for facility of reference I tran.^mit copies of the printed papers which accompanied the Despatches above quoted, and further a copy of a report of the debates which took place in the Legislative Assembly of Quebec, after M. Joly's administration had assumed power. I have, &c. The Right Hon. Sir M. L. Hicks Beach, Bart., (Signed) LOllNK. &c. &c. &c. No. 4. G»»vkunou-Gknkhai. thk MARQUIS OF LORNE, K.T., to the Rk.ut Hon. Sill MICHAEL HICKS BEACH, Bakt. (Received April 28, 1879.) Government House, Ottawa, SiK, , , April 14, 1879. I HAVE the honour to transmit herewith a copy of a memorandum from Sir J. A. Macdonald, Premier of the Dominion, with reference to the case of M. Letellier, Lieutenant-Governor of the Province of Quebec, to which allusion is made in my Despatch, of the 9th instant.f I have, &c. The Right Hon. Sir M. E. Hicks Beach, Bart., (Signed) LORNE. &c. &c. &c. * Inclosuros not priuUnl. t No. N884. O 106 Enclosure in No. 4. Memorandum by Sir John A. Macdonald. As this important matter has been referred to Her Majesty's Government by his Excel- lency the Governor-Ciencral with tlie assent of his Advisers, it is proper that their reasotis for tendering the advice that Mr. Lctellier I)c removed should be submitted to his Excel- lency for transmission to the Secretary of State for the Colonies. Perhaps the most con- venient way for doing so would be by a succinct narrative statement of the circumstances surrounding the case. The papers laid before Parliament enter so fully into the details that the narrative may be a short one. In 1 Sjfi Mons. Letellier, then a member of the Dominion Ministry, was appointed Lieutenaut-Clovemor of Quebec. Although an active politician, and believed to have strong party leanings, no objection was taken by anyone to iiis apjiointinent. Of course Canada which only adopted the Federal system with local Lieiitenant-Cioveniors in 1867 had no service similar to that which now exists in Great Britain. The Governorship of Colonies has with the recent exception of Canada become a branch of the Civil Service of England, and gentlemen appointed to any Colonial Ciovernment, although holding commissions during the pleasure of the Crown, have a right to expect that they will not be removed without cause until the usual term of office has expired. In Canada since the 1st July 1867, when the Dominion was formed, the Lieatonant-GoNcrnors of the different Provinces were almost of necessity selected from men of political standing, and although it might have been apprehended that the party pioclivities of these gentlemen would interfere more or les^s with the impartial pertbriuance of their duties, it is satisfactory to be able to state that except in this case no charge or complaint has been made that any Lieutenant-Governor has allowed his conduct as such to l)e influenced by his party predilections. When Mr. Letellier was appointed Lieutenant-Governor he was a prominent member of Mr. Mackenzie's ministry and the leader of his Government in the Senate. It was therefore especially necessary that he should have avoided even a semblance of being actuated by party feeling In his new position. Instead of this there is too much reason to believe that he assumed his office with a distinct purpose of exerting his official influence on behalf of his political fiiends. Now in Quebec it is perhaps more necessary than in any other Province of the Dominion that the conduct of its (Governor should be politically colourless. Its people of French origin have a traditional respect for authority, and as in old France, except in times of revolutionary or great political excitement, the influence of the Cilovernment of the day over tlie electorate is so great that the party having the advantage of that influence have nuich the greater chance of success. In fact, in the ease of a general election, the two parties do not enter into the field on equal terms. When Mr. Letellier assumed his Government he found that his Ministry, of which the lion. ]\Ir. Bouchiervillc was the first Mhiister, possessed the confidence of both branches of the Legislature. It was known that in the Legislative Council, consisting of 24 members, he had the support of 19; in the Legislative Assembly, composed of 63, he (.'njoyed the confidence of at least 40 members. It might, therefore, naturally have been supposed that his task was an easy one, and that he could have safely accepted the advice of his .Ministers (strongly supported as they were by both branches of the Legis- lature) on all subjects within the range of their constitutional powers of Government and advice. .\ perusal of the documents laid before Parliament will show that he did not act fairly or loyally towards them. It is not too much to say that he laid in wait for an opportunity of removing them. He allowed them to proceed with the business of the session until near its close, and then, on the groimds or pretexts disclosed in the papers, he dismissed them. The correspondence will show how frivolous and disingenuous his pretexts were. A stranger to Quebec might naturally inquire as to what object Mr. LeteUier had in dismissing his Ministry. He had, it is believed, a distinct and specific object. The general elections for the Dominion Parliament were of necessity to take place in 1^78, when the Ministry of which, as has been already stated, Mr. Letellier had l)een a prominent member, would be obliged to go to the country and give an account of their stew..;dship. In consequence of the traditional influence of Govern- ment, which has been alluded to, it was obviously of political importance to that administration to have such influence exerted in its favour. Hence arose the anxiety of Mr. Letellier to lorget his position as Governor — to dismiss his advisers, who were known to be politically opposed to the Dominion Ministry, and to substitute for them a cabinet which would act in sympathy with them and exercise the Provincial patronage to carry 107 the Dominion elections. With that view Mr. Joly, who, before he became leader of luR party in Quebec, lind been a strong supporter in the Dominion Parliament of Mr. Mackenzie, was selected. He resorted to a dissolution, and the result was that, notwithstanding all the influence that the Quebec Government could exer- cise, he did not succeed in securing a majority. At that election the battle was fought, not on Mr. Letellier's conduct, M'ith which constitutionally the local electors had nothing to do, but upon the comparative merits of (iie policy of the two parties, of the Joly and de Bouchiewille Ministries; and the result was, as has been stated, that while Mr. de Bouchierville's former support was diminished, Mr. .ioiv liad not a majority at his back. It was, however, necessary to Mr. Joly's existence tliat he should be able to secure a majority, if but o+' one, in the House of Assemblj-, and this he effected by causing to be chosen speaker Mr. Turcotte, a gentleman elected under a positive pledge to oppose him, and vho after liis election had declared his continued opposition. It has been asserted, and never denied, and has recently been st.ited in the most explicit terms in the late debate in the Dominion Parliament by a incmber in his place, that Mr. Turcotte was sent for and his acceptance of the speakership arranged in the presence of Mr. Letellier. Notwithstanding the purchase of the Speaker a vote of want of confidence was passed in the Legislative Assembly, and a similar resolution was adopted in the Upper House. Mr. Joly, however, did not resign as he ouiiht to have done, and as the Lieutenant-Governor ought to have called upon liini to do. He held to office and proceeded with the business of the country. He succeeded in carrying the supplies, and the fact of his having done so is quoted as a proof of the substantial confidence of the House in him. Hut the refusal of supplies is an antiquated procedure, and has long since been succeeded in England b}- votes of want of confidence, and for the .same reasons which induced the Opposition at Quebec to vote the supplies. The refusal to do so would have clogged the whole machinery of Government, would have stopped the construction of'the Govern- ment railways and ruined the contractors, and at a time of great depression would have deprived very many working men of the means of subsistence. The Opposition therefore patriotically deemed it wise, while persisting in their expression of want of confidence, not to obstruct the whole business of the country. During the whole of the Icgis-L'tive existence of Mr. Joly he has thus been carrying on the Government liy the improper partizanship of the Lieutenant-Governor, and the casting vote of a speaker purchased with his connivance. In the session of the Dominion Parliament of isjs the conduct, of Mr. I^etellier was brought before the House of Connnons by Sir John Macdonalcl, the leader of the Opposition, who moved the following resolution : — '' That the recent dismi?«al by thel^ieutenant-Governor of the Province of Quebec of his Ministry was, under the circumstances, unwise and subversive of the position accorded to the advisers of the Crown since the concession of the principle of responsible Govern- ment to the British North 7\merican Colonies." On reference to the debates, it will be seen that Mr. Mackenzie's Government did not defend Mr. Letellier's action, although they supported their old collcauue by a vote of 112 to 7*1. During the same session the senate passed by a vote of ;i7 to 20 the follow- ing resolution : — "That the messages of his Excellency the Governor-Creneral of the 26th March and .•^th April be now read, and that it be resolved that the course adopted by the Lieutenant- Governor of the Province of Quebec towards his late Minist.y was at variance with the constitutional principles upon which Responsible (roverninent should be conducted." Then came on last autumn the general election for the Pariinmcnt of the Dominion, and among the many questions submitted to the people one of the most prominent was the conduct of Mr. Letellier, and the votes of the two Houses of Parliament with respect to it. In the Province of Quebec it was the question of the day, and the opinion of the electors maybe known by the return of 48 gentlemen pledged to Mr. Letellier's condem- nation against 1 7 supporters. When the present session of Parliament met, Mr. Mous.seau, a representative from Quebec, brought forward a motion ideiitiral in its terms withj^lSt moved in the previous session by Sir .lohn Macdonald, and it was carried by a \otc of 131) to 51 members. Tlie analysis of this vote sufficiently shows that the general con- demnation of Mr. Letellier's conduct was not confined to his own Province. Under these circumstances the (jovcrnor-(Jencrars advisers ijiought it their duty to convey to his Excellency their opinion that after the .Senate's resolution of last session, and the vote of the House of Commons duiing the present session, Mr. Letellier's use- fulness was gone, and they advised his removal ; and now the whole (]uestion stands for the consideration of Her Majesty's Government on the Governor-f Jeneral's reference. O 2 loa It is iicccssniy now to consider the tenure of office by Lieutenant-Governors appointed under British North America Act, IHiiJ. When the resolutions on which that Act was based were being prepared it Wiis thouaht expedient to continue in the Dominion the English practice with lespect to Colonial Governors. This might have been done without legislative enactment, bui to prevent the possibility of its being supposed that Lieutenant- Governors under the new regime wire of necessity to be in sympathy with the Dominion Ministry of the day, and to be removable with every change of party, the provision in the r)9th clause was introduced which says that no Lieutenant-Governor shall be removable within tive years of his appointment except for cause assigned, whicii shall be couiUiu- nicated within one month after the order for removal is made, and shall be communicated by message to the Senate and House of Commons, This left the tenure to be one of pleasure as before, but was intended by statutory enactment to establish the practice which obtains in England. It gives no vested right to a I^ieutenant-Governor in his office for five years ; it docs not place him in the position of a judge who holds office during good behaviour, nlthougii removable by \ote of both hor.ses. The statute merely operates and was meant to operate a^j a check upon the capricious and arbitrary exercise of the power of dismissal by compelling the Ministry to submit the reasons for the exercise of the Koyal pleasure for Parliament. A Lieutenant- Governor is still removable and ought to be removable whenever it is lelt by the Domi- nion Government that it is for the public interest that he should be displaced. Due regard shoidd of course be had to his feelings and position, and the power should not be lightly exercised ; but it is not necessary ihat he should be tried, convicted, or even charged with gross moral or personal wrong. If, as in the case of Imperial officers of like position, it becomes necessary or expedient lor the advantage, good govermnt nt, or contentment of the people governed that he should be removed, it is the duty of the Dominion Government to discard him. His usefulness may have been destroyed by accident or misfortiuie as well as by fault, but still the usefulness once gone the office should also go. This is, we know, the practice in England, but there Her Majesty's (Jovemment have the means from the multiplicity of offices at their gifl to remove the unsuccessful or erring Governor to another sphere of action. Here the same means can scarcely be said to exist. IL mav perhaps be said that stronger rc;isons should therefore be assigned for the dis- missal of a Governor ; but, on the other hand, a (Canadian officer so removed is not deprived of any professional status or prospects. He belongs to no service, and his office is considered more as a dignified retirement from active political life than one of profit or emolument. At the end of his five years he has no claim for another appoint- ment or for further consideration, and he stands in a position similar to that of a minister who has lost power. In Mr. Letellier's case it is not in the opinion of his P^xccllency's advisers at all necessary in order to justify their advice to go behinii the vote of Parlia- ment, it is sufficient for them thai Parliament has passed a censure on his official conduct. After such a vote it must he obvious that he cannot cither with profit or advantage be maintained in his position. .At the same time they must express their full concur- rence in the justice of the censure. They proved that by their votes in the Legislature ; but had they not voted at all, or even if their opinion had been averse to that arrived at by Parliament, it seems clear that they are bound to respect that decision and to act upon it as tliey have done by advising the removal. It has been argued that while by the 'jwth clause oC the Act, Lieutenant-Governors are to he appointed l)y the Governor- (leneral in Council by instrument under the Great Seal, the 59th clause provides that he sh.ill hold odice during the pleasure of the Governor-General, and that therefore while the appointment must be under the advice of a Responsible Ministry, the removal may be made by his Excellency without reference to liis Council, and the I2th clause of the Act is (piotcd in support of that view. That clause j)rovides as to what powers, autiio- riiies, and fiuictions are to lie vested in the Governor-General with the advice of his Privy Council, and what in the Governor-Cieneral himself. The argument is not how- ever tenable. Long before Confederation the principle of what is known as UcsponMble Government had been conceded to the Colonics now united in the Dominion. This principle esta\)lishcd that in all matters of internal concern the representative of the ("rown hlionld act according to the advice of Ministers enjoying the confidence of Parlia- ment. The cimcessio?'. was not withdrawn by the Confederation Act. On the contrary, it begins by ii prcanihlc stating the desire of the I'rovinccs to be united into one Dominiun with a constitution similar in principle to that of the United Kingdom ; and this h^is been carried out in theory and practice in the Dominion of Canada from the comnieiKcment of its existence. The principle forms part of our constitution now as it did 109 in those of the several Provinces before the Union. It is a part of the lex nnn ,srnjitn of the constitution, and any express enactment of ihe principle was wisely avoided. A comparison between the elasticity of the British constitution and its gradual de- vclopment under an unwritten law witli the rigidity of a written constitution as exi.sting in the United States has shown the su|)eriority of the former system. Whether, there- fore, in any ease power is given to the Governor- General to act individually or with the aid of his Council the act as one within the scope of the Canadian (constitution nnist Ik- on the advice of a Responsible Minister. The distinction drawn in the Statute between an act of the Governor and an act of the Governor in Council is a technical one, and arose from the fdct that in Canada for a long period before confederation certain acts of administration were required by law to lx?done under the sanction of ;ui Order in Council while others did not require that formality. In both cases, however, since Responsible Government has been conceded, such acts have always been perlbrmed under the advice of a Responsible Ministry or Minister. Again the .'i9th clause provides that tlie Lieutenant-Governor is not to be removed except for cause assigned. Someone must be responsible to Parliament for the reasonableness of such cause, and must defend it there, and be liable to censure should the cause Ik? deemed insufficient. Now the Governor-General cannot be held constitutionally responsible or open to censure in any way by Parliament. As Her Majesty's representative he iioUIs the same constitutional position in that respect as the Queen does in KngUmd. It seems to follow, therefore, that >ipon the Ministry of the day must rest the responsiljility of advising the removal, of assigning the cause, and of justifying its sufficiency. Two special grounds have been urged why Mr. Letellier should not be removed ; first, that the motion of censure made in the late Parliament having been lost, the ca-c should not be re-opened without new cause; second, that Mr. .Joly assumed the whole responsibility of the Lieutenant-Governor's act, and afler an appeal to tlie people his Ministry still exists. As to the first ground it may be answered that, as already stateil, the arguments used in opoosition to the motion did not attempt to justify his conduct, but were founded on the inexpediency of raising the question at that time when Mr. Joly had gone or was about to go to the country, tliat the question had not been before the people at the time the then House of Commons was elected, and that it had been one of the subjects submitted to the people at the last election for the Dominion. The present House of Commons coming fresh from the people and supposed to express their opinion has by an overwhelming vote reversed the decision of ti.e expiring Piuliameiit, and proncmnced a deliberate censure on Mr. Letellier's conduct. As to the second ground, the answer is that the Lieutenant-Governor of a Province holds the same relation to the Dominion Government and Legislature as the Governor-General does to Her Majesty and the Imperial Parliament. Here we have nothing to do with the appointment or removal of the Queen's representative. We loyally accept the (jovcrnor-CJeneral selected by tlie Queen, and have no right to express an opinion as to his continuation in office or recall. All that the people of Canada can require is that the Governor- General for the time being should always act upon the advice of Ministers responsible to him. The right of discussion and the power of censure rest practically with the Imperial House of Commons, and have been not iiifreipiently exercised there. So in the Province of Quebec its legislature and people are bound to receive the nominee ol the Governor-CJeneral, and .so long as their constitutional rights are protected have nothing to say against his recall for any cause whatever. If Mr. Letellier were removed, his successor must accept the Ministry which he finds enjoying tlie confidence of the Legislature, and so long as this constitutional right is preserved it matters not to th'^ui who may be their Lieutenant-Governor. It rests with the Dominion Parliament to approve or disapprove of a change in the j)ersoniiel in the Licutenant-CJovernorship. The distinction seems to have been fully observed in the Province of Quebec during liie late Local and Dominion elections. It must be borne in minn.Htitiili(tiinl UHH^L• necrsNiirily ussiiiiml tlii' '.rsponsiliility of nil the act» of flic I.iiMitcnant-Govtrnui-, wliich lind rnuKul tlu' ictircnicnt of the lute niiniNttTN ; 'I'hiit Mr. .loly (K'ccpHMl this rcNjionsihility by his un(l('itni-p()nsii)ility ; 'I'hat within the space ol' (oiirteen (11) days from the lime when the nieinl)ers of the new adiniiii>tratii>n were swoin in, viz. : on tlie '2'2m\ March, Im7m, the Parliament of Cjucliec was diHsoived, and a new election was ordered to take place on the first day of May 18/8, the writs bi'ing returnable on tlie twentv-ninth day of .May Ih/H; 'I hat the i^uil)ec Legislatiire was convened for the fourth (hiy ot June Im7h, \iz, : six davH after the return of the writs ; That at this «•^i8ion th»' new administration succeeded in carrying through the Legis- hitive Assembly tlie supplies and all the measures proiM)sed by the (iovernment, and the sanction )f the people to the action of the Lieutenant-Governor was thus obtained in tiic proper constitutional manner ; 'rhat the sitrnifit ance of this public verdict will best be appreciated when it i8 stated that, at the elections on the first day of May la,-ti ill the is HtiUcd Caliiiu't lent, who 'n loader solution : he recent nder the rs ot the e British and that ovince of 1 the only »to of one for the ariff, and 'dgcd to ernor was int intio- a vote of ismissing ing in no section of ernor ; s-sioner of overnor's imittee. ly person n is irrc- to him local self- ic person jd of his r-General ;d to me, represent generally. I te<>l ccnHdcnt that no dec ision will he arrived at until all parties Hhall liave had thnt "fair play " which is the great characteristic of the British natii)n. I have, t&c. Tlie Hon. J. C. Aikins, (Signed) L. Lktei.mku, Secretary of State, Ottawa. Lieutcnant-Ciovcrnor. Knrlosure '2. in No. !i. AsgRMBI.Y BlLI, No. H(). An Act respecting the Queheo, Montreal, Ottawa, and Occidental Railway. IIkh Majkhty, i)y and with the advice and consent of the ^egi^laturc of QiieI)CC, enacts as follows : 1. The Qnehec, .Montreal, Ottawa, and Occidontiil Railway shall he huilt in a direct line froni Terrehonne to Montreal ; •' the place at which that jjortion of tiio road heretofore " known as tlic North Shore Railway will co-nect with the road heretofore known as " the Montreal, Ottawa, and Western Railway, shall he within the eastern boundary of " the City of Montreal, and the main terminus of the said North Shore Railway shall he " in the City of Montreal," in accordance with the eighth resolution suljinitted by the City of Montreal, accepted by the (ioveinmcnt, and adopted ity the Council of the said City on the seventeenth day of September eighteen hundred and seventy-five. A repair shop lor the Western Section of the siiid Quebec, .Montreal, Ottawa, and Occidental Railway shall be built within the eastern limits of the City of Montreal. 2. The stipulations and conditions submitted by the City of Montreal to the (jovern- nient of this Province, by which the said City bound itself to pay over to the (Jovenunent the balance of the niiilion dollars voted in favour of the Montreal Northern Colonization Railway Company, as amended by the (Jovermuent, and subsc(|uently adopted by the Council of the said City on the l/tli September 1.S7.J, are declared valid, legal, and binding. All taxes or assessments imposed and collected, or to be imposed and collected under bylaw No. .59 of the said City, intituled, " Byelaw to iiut.horise the Corporation of the •' Mayor, Aldermen, and Citizens of the City of .Montreal to take shares in the Montn.il " Northern Colonization Railway Company, to the extent of one million dollars " currency, and to pay the said amount in money or in bonds or debentures, and to levy '• an annual as.sessment to pay the interest thereon and provide a sinking fund," are olso declared valid, legal, and binding. The resolution adopted by the Council of tne City of Quebec on the 2t)th .August IM".'), by which *he snid City bound itself to pay to the (iovcrmuent of the I'roviiice the balance duo on us subscription to the capital stock of the North Shore Railway Company, is declared valid, legal, and binding; and the byelaw under which this subs jrij)tioii was originally made, as well as all taxes or assessments iinp)seil and e dleiaed, or to be imposed and collected, for the payment of interest on the debentures issued or to be issued luidcr the said byelaw, are also declared valid, legal, and binding. ;i. The municipalities or corporations mentioned in the Schedule \. hereunto annexed are and shall be bound to execute and hand over to the Treasurer of the Province their debentures for tli;^ amount or the balance of their subscriptions appropriated to tl'<» construction of the Quebec, .Montreal, OtUuva, and Occidental Railway by the .Vet 39 Vict. cap. 2., as follows : The City of Montreal being required to deliver the balance of iti subscription in money o'- d"bentures in four instalments, as follows : "one fourth as sjon as the road " shall be opened from Montreal east to St. Therese ; one fourdi whei. iho road shall " be opened to Grenville ; one fourth when the road shall be opened to I'.ipineauville ; " and the remaining fourth when the road shall be opened to Hull ; this does not ueces- " sarily include the completion of stations, sheds, repair shops, Ac. on the line," in accordance with the third resoiution proposed by the Council of the (/ity ol Montreal, amended by the Government, and adopted by the said Council on the 1 7th September 1875. The City of Quebec beinjj required to deliver the balance in debentures of its subscription, in accordance with the resolution passed by the Council of the said City, on the 2.5th August 1875, that is to say, as they may become due as provided by law; but in no case shall tlie said corp iration be called on fur tlie payment of interest on the debentures issued or to be issued in virtue of the said subscription before the road shall liave been completed throughout the whole distance between the cities of Quebec and Montreal, and put into such perfect order as to be open to traffic, the whole pursuant to the concutions of the said subscription. P 2 116 Anil the ntlur iDiinifipulitiri or r«)rporiiti<>n» being r»*(juirc(l to deliver the uinouiit, in lU'lu-ntiiri-M of their niiIm« ri|)tiitni, at the di.teH oC inntiirity mentioned in the li^eliiWN luitliorisiii^ their hiiliscriplion-*, ■1. 'I'lif l.ieiiti'H.mt-dnvermir in (.'iinncil nmv, on the Bworn rep)rt of ii emnpetent engineer, tstiil»li«*liiiig the cxlenl to which the eondiiioni of the siiltmMi|»tions of the ditferent municipilitii-'. lime been liiltillc I, in regurd to the iidv/inaMneiit and (|uality of woik pertiM ineil, us also to tlii' locali-t.ition of tlii rojul, determine the date of the maturity of ;i put or till" wlioli- of sindi subMcriptioH, as the case lo'iy he; a eopy of the saill repot t hliall he forwar led to the numicipalilies interested at least Hfteen (hivH before the Hind n-port !>hnll bi' taken into cons^ideration by the Lientcnaiit-(iovernor in Coinieil. .'). No objection, exieption, reason, plea, or opposition shall avail to justify any of the tnunuipiililies or corporations mentioned in the ftaid Schedule A., in refusing to hign, execute, lUid deliver to the TreuHUrer of the Province its debenture!* uppro|)riated to the construction of the said road by the Act ;jj) Vict. cap. 2., or to pay over to him, if it shoidd p:i(er to do so, the said amount or the said balance in money, nn soon as the Licutenant-Ciovernor in Council Hhall have dednrcd that these debentures inav be exacted. G. If any one of these luimicipalities or corporations rct'u.eg or neglects to pay itv 8ul)scri|)tion or to siirn and execute its aforcsaiii debentures for the amount or' the l);danc(' duv, anything to the contrary notwillistanding, the mayor or wardens of such iminicipality or corporation, a.s the case may \k', is hereby authorised to sign and execute such dcbcntines. without nuurring any personal liability thereby, tor the amount or the balance of the >.ubscriplion of the municipality or corporation of which he is the chief officer or bead; and these said debentures so signed and executed by the mayor or warden, shall iuivo the same ctVecl as if they had l)een signed and executeil with the consent ai\d upon the ordtr ol the municipality or cor|)oration itself; and such mayor or warden shall he bound to deliver the said del)eiiMues to tlic 'I'reasurer of the Province •M !iis rcipicst in accordi"'<'«' with the dates of inatiu-ity determined by the Lientenant- Govcrnor in ( 'oinicil, and such ilebeiitiucs shall fortr. part of the consolidated railway fund. 7. In defiudi of any one of the siiid municipalities or cor|)oraiions, or of its mayor or warden, us the case may be, so signing and executing the said debentures for the amount or balance of the said sid)scr';itioii, ;md of delivering them to the Treasurer of the Pro- vince as atoresaid, the Licntcnant-(ir)Vcrnor in Council may authorise a syndic to sign and ixecutc the said debentures on behalf of the said municipality or corporation; and such tn prmliui.' in IiIh otliic n «wurii Htnlnricnr nf tlic uiiiDiint iliH' to tlicrii lor intcrcnt. In (IrCault i»r piiyiiuiit on tlic i xpinition of kiicIi noticr, llif >li(iilV ••liiill ixsiu' liit wurrutit for tli* totul aiuoiiiil of tlu (■lt(iiii<« m* lilril, iiinl In* '«liiill iii oiicc proceed lo iinpoHU und li-vy, ii|m)ii tlu> tnx ilili- properl}' •ituiktcl in nucIi nuiiiieipniity or i-orpoiation in pro|H)rtion to tlu* vuluo us hIiowii on the valmition roll, a sum Muftieient to cover the uinunnt tiiu- with interest und eo*talili>hing the fact, Khali inf()rm 'uch municipality or corporation that such ileelitration has lration where lie xliall levy moiiii », and mav exact the services of the municipMl ollicers of such coimcil. lie sliall cauxe to he (h-livered to him all dormnents or archi\('s which to him may appear necessary, and in the event of opposition, neglect, or ntiisal. he is authorised to take possession. of them himself In defaidt of payment of the .uiiomit reipiired from a ratepayer, the sheriff' shall lirst proceed to levy this amoimt by seizuic and sale of the moveahle piopcrtv of such late- ])ayer observing the formalities prescribed by the code of civil proceduic for the seizure and sale of moveables; and if the proceeds thereof be suHicient. he ahull pay over at once, to tlie liolders of debentures who shall have tiled their claims, on i.'(riving the interest coupons or a receipt, as the case may Ik-, the amomit whieli is due lo ttiem; and if the siieritV has procce the only party directly iiiti-rested on this point, and therefore the best judge of it. In the absence of any direct information on the subject, i must suppose that the questions submitted to the Imperial Government relate to the following points, and those are the jjoints which 1 take the liberty of jjroposing as fit subjects for the consideration of the Honourable the Judicial Committee of the Privy Council. I. With whom does the power of dismissal rest? In making a distinction between the authority that apj/oints and the authority that can dismiss the Lieutenant-Governors, had not the framerj of the lh"itish North America Act the intention of placing the Lieutenant-Governors in such a position as to enable them t5, discharge Iheir duties 119 irrespective of the changes of party governmciitti that nii['lit take place at Ottawa during the five years of their tenure of office ? 2. Can a Lieutenant-Governor be dismissed by tiic Federal Governnienl lor an act in which he has not exceeded his powers and jurisdiction, siuli as defined l)v tlie British North Americii, Act of 1-867, an Act which his Province has ratified, and which docs not interfere in any way with Federal interests- ? Who can throw more light on those (]Ui'stions than the Honourable llic Judicial Committee of the Privy Council, whose decisiuns arc received in Canada, as in every other part of the British Kmjire, with profound respect and perfect confidence? I have, &c. The Right Hon. Sir M. E. Hicks Beach, M.P., (Signed) H. G. JOLY. Colonial Secretary. Government House, Quebec, My dear Sir, April 'JA. \»79- As you have been selected .h' the Executive Government of the Province of Quebec to proceed to England for the protection of the autonomy of that I'ri \ince, in the matter of the reference made by the Government of the Dominion of Canada to the Imperial authorities, regarding the proposed dismissal of the Lieutenant-Governor of the Province of Quebec, I hereby authorise you, in so far as I am personally interested in that reference, to represent me or to have ine represented before the Imperial Ciovcrn- nient, the Honourable the Privy Council of Her most Gracious Majesty, or before the Honourable the Judicial Committee of the Privy Council. As it would be desirable that a judicial decision shouUl be arrived at in a matter so deeply affecting the interests of this Province, I feel that it would be more gratifying to the people of Canada were this case referred to that high tribunal. I have, &c. Tiie Hon. Henri Gustave Joly, (Signed) L. Lktkluer. Commissioner of Agriculture and Pid)lic Works, and Premier, Quebec. No. 7. H. G. JOLY, Esq., to COLONIAL OFFICE. Brunswick Hotel. Jcrniyn Street, S.W., Sir, "" London, May I.'?, I><79- SiNPK addressing vou my Memorandum of the 6th instant,* by wliich I requested that the Letellier matter might be reficrred to the Honourable the Judicial CoiHuiitfee of Her Majesty's Pri\y Council, it has occurred to me that the same course might be followed as wns adopted last j'car in the case of a dispute iRtwccu tlu- Governn'cnts of Ontario and Quebec, as to the validity of an award alfcctiiig the fin:nuial relations existing between the two Provinces. This was referred to the Honourable the Judicial Committee of the Privy Council under the 4th section of 'Md and Hh William the Fourth, cap. 41, which enacts as follows : — " That it sliall be lawful for His Majesty to refer to the said Judicial Committee Ibr hearing arid consideration auy such other matters whatsoever as His Majesty shall think fit, and such Committee shall thereupon hear and consider the same, and shall ad\ise His Majesty thereon in manner aforesaid." I will sum up the two points to be referred in a very lew words. First. In whom does the power of dismissal of the Lieutenant-Crovcrnor rest under sections ."iH and .59 of tl 2 British North America Act ; and Second. Whether the disnn'ssal by the Lieutcnant-Ciovcrnor ot the ministers, was, as alleged in the resolution of the Dominion Parliament, cause for removal of the said Lieutenant-Governor from office sutticient within the meaning of the above-mentioned 59th section. I have, tVc. The Bight Hon. Sir M. Hicks Beach, (Signed) H. G. JOLY. Colonial Secretary. * No. 6. P 4 130 No. M. II. G. JOLY, Esg., to COLONIAL OFFICE. Hrunswick Hotel, Jermyn Street, SiH, London, May 15, IH79. In the Ix'tellier matter, since our interview of the (Jth instant 1 had the lionour to send vou a Memorandum (hited the same day, stating the points for reference to the Iloiiourahlc the Judicial Conunittee of tiie Privy Council, and on the l.'Hli instant, a letter (juoting a ])reeed('nt for such reference, and tlie law under which it could l)e made (enclosed [)lease find printed copies of those two documenls). I respectliilly 8ul)mit that since the power to refer to the Judicial Committee exists there can be hut little doubt as to the opportunity of exercising that power. In our interview of the Gth instant we did not enter into the merits of the case, and did not discuss the justice or wisdom of the Lieutenant-Cjovernor when he e\ercised his undoubted right to dismiss his nn'nisters. You will di'ubthss remember telling me that you had Ix^en compelled to blame the Governor of one of the Cohmies, for sanctioning a measure of his ministers which inter- fereil with vested rights, viz., with those of members of the Civil Service. You will not blame the Lieutenant-CJovernor of Quebec for refusing to sanction a measure of his ministers which interfered most violently with vested riglits (as their liailway Hill did), and for dismissing those ministers who introduced it and carried it on without his consent. Allusion has been made to our small majority in the new House, as not showing a very >tiong verdict of the Province in favour of the Lieutenant-Governor. Since my arrival in l-'.ngland I ha\e been informed by cable message, that two of the Opposition members, whose election was contested, but who nevertheless voted against the Licutenant-Ciovernor, have been unsealed; in a small House like ours, consisting of only 6;"} members, this is an important change, and must have 'ne weight in appreciating the verdict rendered in favour of the Lieutenant-Cjovernor. The arguments brought against .Mr. LcteJIier in Canada have been answered in the documents laid before you. Hut if any new arguments have been brought here which you consider of suHicient importance to require an answer, 1 will be grateful if the occasion is offered me to answer them. I have, &c. The Right Hon. Sir M. Hicks Beach, ('Signed) H. G. JOLY. Colonial Secretary. No. 9- COLONIAL OFFICE to H. G. JOLY, Eso. SiH, Downing Street, May 20, 1879- I AM directed by the Secretary of State for the Colonies to acknowledge the receipt i>f your letter of the l.'ith instant."'' which, with those previous!, addressed to him by you on the (Itli and l.'itli instant,t lias recei\ed his attentive consideration. 2. In your letter of the i;Mh instant you quoted, as a precede;'.' for referring to the Judicial (^)Himittce of the Privy Council certain questions affecting the case of Mr. Lctelliir, the course adopted last year in referring to that (Committee the dispute between the (iovennnents of Ontario and Quebec, in the matter of an arbitration and award under the i t'ind section of the Hritish North America .Act, 1867. :?. Sir .Michael Hicks Beach desires me to remind you that in this instance there was not onlv a mutual agreement l)etwecn the two Provincial Governments that the question should be submitted for the opinion of the Judicial Committee, but a statement of the facts in the form of a special case was adopted by bcth Governments, and Her Majesty having been pleased to refer this special case to the Judicial Conunittee for hearing and consideration, the (;uestions of law upon wliich a judicial decision was desired were duly argued by counsel befoie the Committee, and the proceedings followed the usual course of the appellate tribunal. 4. The jnesent circumstances are very different. No special case has been agreed upon ; a reference to the Judicial Committee is only desired on behalf of Mr. Letellier, and, looking to these facts, and to the nature of the (juestions which you have proposed, the course which was fi)llowed last year does not appear to Sir Michael Hicks Beach to justify similar action in the present case. » No. H. f N03. (> mnl 7, 121 5. There is, however, a precedent ver}' closely rtsemblinf^ in its circumstances the question now at issue. In 1872 the House of Commons of Canada resolved that if possible the opinion of t!ie .ludicial Committee of the Privy Council should be obtained as to the right of the New Brunswick Legislature to make certain changes in the school law, with the view of ascertaining whether the case came within the terms of the 1th subsection of the 9^r(l clause of the British North America Act, 18()7, which authorise the Parliament of Canada to enact remedial laws for the due execution of the provisions respecting education in the said Act. 6. My predecessor referred this resolution to the Lord President of the Privy Council, with a request that he might be informed wiiether it was one on which the opinion of the Judicial Committee might properly be obtained ; and it was then decided that, there being nothing in the case which gave the Queen in Council aiiy jurisdiction over the question. Her Majesty could rot with propriety be advised to refer to a Cotnmittee of the Privy Council a question which the Queen in ( ouncil had no authority to determine, and on which the opinion of the Privy Council would not be binding on the parties in the Dominion of Canada. 7. Having regard to the decisicm come to after careful consideration on that occasion. Sir Michael Hicks beach is unable to adopt your suggestion that the case of Mr Letellier should be referred to the Judicial Committee. I am, &c. H. G. July, Esq. (Signed) ROBEll'I' G. W. HERBERT. No. 10. H. G. JOLY, Esy., to to the Right Hon. Sm M. E. HICKS BEACH, B\rt. Brunswick Hotel, Jermyn Street, London, .Sir, May 22, 1«79. I HAVE been notitied by your letter of the 2()th inst.,* received yesterday, that you are unable to adopt my suggestion that the case of Mr. Letellier should be referred to the Judicial Committee of the Privy Council. In making that suggestion, \ did not intc nd to express any doubt as to the wisdom and justice of Her Majesty's Government in dealing with the question. I feel certain that since they have decided to deal directly with it, they will render iull justice to all parties concerned. The reasons assigned by Sir John A. Macdonald in the House of Commons at Ottawa for his Excellency the Governor-General wishing to have the case referred to Her Majesty's Cioveminent arc as follows : — " That as the Federal system introduced by the British North America Act of 1 m67 was until then unkno^vn in Great Britain and her Colonies, there were no precedents to guide him to a decision in the present case, and as it would settle the future relations between the Dominion and Provincial Governments, ?.o far as the ottice of Lieutenant- Governor was concerned, he deemed it cxpcdieni to sul)mit the advice offered him and the whole case and attendant circumstances to Her Majesty's Government tor their con- sideration and instructions." You will notice that it is expressly admitted, in Sir .lohn Macdonald's declaratiori to the House, that, " the decision in the present ciise will settle the future relations " between the Don^'nion and Provincial Governments so far as the office of Lieutenant- " Governor is concerned." So this is a question the decision of which affects both the Federal and the Provincial Governments, consequently in justice the decision of it cannot be left with the Federal Govern.nent, one of the two parties interested. I have come over to England in a double capacity, as representing the Lieutenant- Governor of the Province of Quebec, and as representing the Pro\ ince of Quebec, and I enclose the two documents under which I am so authorised to act (documents A. and B.). I take the lil)erty of referring you to document B. ,as it will show you from what point of view the majority of the Province of Quebec considers this question. It concerns that Province (and all the other Provinces in the Dominion) much more than it does the present Lieutenant-Governor, in fact threats have already been uttered Ijy the press which supports the present Federal Government against Lieutenant-Ciovernors of other Provinces. N8S4. • No. 9. Q 122 The 71st clause of the British North America Act of IS67 enacts that : — ■ " There shall he a Legislature for Quehei' consisting of tlic I^ieutenant-Governor and of two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec." What is the use of granting to the Province of Quebec (or any other) self-government, and a Legislature of its own, if the Lieutcnant-Ciovernor, one of the three liranches of that Legislature, is to be removed at every change that takes place in the Federal Govern- nicnt at (-)ttawa. This would undoubtedly lead to a system of reprisals, the result of which it is not ditlicult to foresee, and would unsettle completely the Government of the Provinces and of the Dominion. If we enjoy what is called responsible government in the Province of Quebec, the first principle of that form of government is that its head can do no wrong. There are always ministers responsible for his acts. My colleagues and I, in accepting office we assumed that responsibility. Let those who complain turn their attacks against us. They did so at first, throwing all the onus of the Lieutenaut-CJovernor's act upon us, and calling upon the Province to condemn us. 'J'he Province has SH])ported us. And now that we have successful!}- resisted their attack, they turn away from us and attack the Lieutenant-(Jovcrnor himself at Ottawa (who they declared at one time was not responsible), because there is now ut Ottawa a new ministry hostile to the Lieutenant- (Jovcrnor. When they attempted to censure him in the House of Commons on the 11th April 187>* (and were defeated), the majority of the House would then have asserted by a direct vote the principle of non-intervention by the Federal (.iovermnent in provincial affairs, and an amendment embodying those \ iews would have been made to Sir John A. Macdonald's motion of censure, and carried, had he not resorted to one of those parlia- mentary tactics (of which he is a master), by introducing his motion as an amendment to the motion that the Speaker do now leave the chair, to go into committee of supplies, whicli precluded any amendment, so that the majority could only vote in the negative, instead of asserting the principle of non-intervention b} a clear and precise motion. The official report of the debates in the Canadian Hansard shows how bitterly the majority complained of the means taken to prevent a solenm expression of opinion upon that point. The same spirit characterises the proceedings of the same party, when the last vote of censure was taken nearly twelve months afterwards. They were then in the majority (ow ing to the commercial depression that induced the electors to adopt their policy of protection at the general elections of September last), and they raised the previous question immediately after the motion of censure had been placed in the Speaker's bands so as to precliule once more a I'ratik and dii-ect expression of opinion on the question of non-intervention in provincial affairs. But if we are not to be ruled by the principles of responsible government in the Province of Quebec, if the Lieutenant-Oovernor (and not his Cabinet) is to be held directlv responsible for his acts, will anyone pretend that he is to be dismissed if he has committed no wrong ? 1 respectfully maintain that he did nothing more than his duty in dismissing the DeBoucherville ministry. He would have deserved censure luid he sanctioned measures of his ministers which interfered with vested rights, acquired by solemn contracts and protected by the laws of the country. I now enclose au authentic copy of the Railway Bill, introduced by the De Boucherville Government without the consent of the Lieutenant-Governor, and which, with the help of their majority, they forced through the House (document C). Yoii will see that this measure was intended to deprive the cities and municipalities, who had undertaken to pay considerable .stuns of money towards the building of the Govern- ment Railways under certain condition-, from the right of withholding payment until those conditions bad been fulfilled, and of appeaiing to the courts of justice tor protection. That Bill enacts that the Government itself will decide when it has fulfilled the con- ditions under which it can claim the payment of the municipal subscriptions, and " no '' obiection, exception, reason, plea, or oppositioti shall avail to justify any of the muni- " cipaiities or corpuiations' (see .section 5) in refusing to deliver its debentures. Pro- visions of the most arbitrary nature are contained in the following sections of the Bill, for the purpose of enforcing the payment of the said debentures. 123 those the It was ftssertcd by the Dc Boucherville rainistry, rs an apology for such legislation (as will apjiear by the official correspondence in your hands), that a similar measure had l)eert passcLJ in Ontario, I deny that most emphatically, the case was (|uite a different one. The Ontario hiw was a beneficial one, tacilitating in every way, and on the most advantai,feous terms, the reimljursement of sums advanced Jonj? i\s;o by the Government to the municipalities for local improvements ; tiiis measure, on the contrary, had only one object in view, viz,, enabling the (Jovernment to obtain by force from the mimicipalities moneys to which the Government had then no right, and preventing those municipalities from appealing to the courts of justice. The explanations given i)y Mr. l)e Boucherville himself to the Lieutenant-Governor, in his letter of the 'i/th February I87f<, (page o of the Blue Book entitled Ilclurn to an Address of the House of Conmions at Ottawa), show under what a strange delusicm he must have been laboiu'ing when he says : " I humbly submit to your E.xcellency that a law " devised for the better securing of the execution of a contract cannot have a retroactive " eHect. It enacts for the futiue, and its objects arc the respective interests of the parties." It cn;n ts for the future it is true, but only in so far as it compels the payment of moneys which could only be claimeil in virtue of solcnui contracts passtd years age (and by which both contracting parties were bound), under special conditions that have not been fulfilled, and it deprives one of the parties of the protection of the courts of justice, Avhen it claims the fulfilment of those conditions. The nmnicipalities affected by that measure strongly protested, but to no purpose. Since the new Government has i-ome in satisfactory arrangements have been made i)etwe5n the Government and the nnuiicipalities, without any recourse, on the part of the Govern- ment, to any coerci\e measures, merely by dealing fiiirly with them. I have commented at length upon that point in order to show that the L'eutonant- GoNcrnor, in exercising the power vested in him of dismissing his ministers and appointing others in their stead, had acted with strict justice aiid done but his duty. His immediate appeal to the Province of Quebec by a dissolution of the House resulted in a verdict in iiis favour. Within tlie last few weeks two of the members of the present Opposition, who voted in the last session of the Legislature to condemn the act of the Lieutenant-Governor, while the right to their seats was contested, have been unseated by the courts of justice, which, in a small House like ours, increases materially the vote in favour of the Lieutenant-Governor; one of them is declared disqualified tiy the court. As, in the reference to Her Majesty's Government, it was proposed to submit the whole case and attendant circumstances, I hope I will be excused for ha\ing entered into those details. There are several other points which deserve to be submitted to Her Majesty's (jovern- ment in order that it should iH'Come possessed of the whole case. Prejudices may have been created in the minds of those who are to pronounce Jutlgment, which they will not refuse me the occasion to try and dispel; the opponents of' tlie Lieutcnant-Ciovernor may- have hinted at the sacrifice of the Lieutenant-(iovernor as the easie.^t mode of getting out of this difficulty. Her Majesty's Government is too generous to follow such advice, if it has been gi\-cn. 1 respectfully trust that I shall be allowed to give full explanations, or, in my al)senoe (as T am compelled to return to Canada next week for the meeting of our l,egislatnrc in June), that ller Majesty's Government will grant a hearing to such person as I iriay authorise to represent me, in virtue of the powers given uie by his Honour the Lieutenant- Governor and l>y the Government of the Province of Quebec . 1 have, &c. The Bight. Hon. Sir M. Hicks Beach, (Signed) H. G. .iOLY. &c. &c. &c. Enclosure A. Mv Dkau Sir, ^ Quebec, April 24, is "9. As you have been selected by the Executive Government of the Piovince of Quebec to proceed to England for the protection of the autonomy of that Pro\ince in the matter of the relerence made by the Govc-rinnent of the Dominion of Canada to the Imperial authorities regarding the proposed dismissal of the Lieutenant-Governor of the Province of Quebec, I hereby authorise you, in so far as I am ])ersonally interested in that reference, to represent me or to have me represented before the Imperial Govern- ment, the Honourable the Privy Council of Her most gracious Majesiy, or before the Honourable the Judicial Committee of the Privy Council. 124 As it would be desirable that a judicial decision should be arrived at in a matter so deeply affecting the interests of this Province I feel that it would be more gratifying to the people of Canada were this case referred to that higli tribunal. I am, &c. The Hon. Henri (iustave Joly, (Signed) L. Letelliek, Commissioner of Agriculture and Public Works, and Premier, Quebec. Enclosure B. To the Hon. Luc IjKTkm.ieh dk St. Just, Lieutenant-Governor of the Province of Quebec, &c. Rei'ort ok a Committke of riiE Executive Councu. on Matters uefeuueu to theiu CONSIDERATION. Present : — The Hon. Mr. Ross, in the Chair. The Hon. Messrs. Jolv, Maucuand, Starnes, Lawoemeu, (Iiialveau, in Council. On Matters ok State. May it PLE.'iSE your J)xuellencv, The Honourable the Treasurer of the Province, in a report dated the 21th of April instant (1879), sets forth that the dismissal of his Honour the Lieutenant-Ciovernor w-is demanded of his Excellency the (lovernor-General because of tlie removal from office b}' his Honour of the Cabinet of M. De IJouchcrville. That tlie Cabinet of his Excellency the Governor-General recommended the said dismissal, but that his Excellency has reterred the whole question of the said dismissal to Her Majesty's Government. That in the declaiation by which Sir John A. Macdonald coun)mnicated to the Conunons of Canada, the said decision of his Excellency the Governor-General, he said that he and his colleagues of the cabinet of his Excellency the Governor-General had considered it their duty to advise his Excellency to dismiss his Honour the Lieutenant- G()\enior for the reason that after th^ vote of censure upon the conduct of his Honour the J-ieutcnant-Governor, adopted last year by the Senate, and this year by the Conunons of Canada, the usefulness of his Honour as such Lieutenant-Governor was gone. Tliat if a Lieutenant-Ciovernor could be dismissed by a vote or a censure of the Senate and House of Commons, the result would be that the duty of a Lieutenant-Governor would be so to govern as to obtain the approval not of the local but of the federal legislature. That the adoption of such a principle would entirely destroy the autonomy and the independence guaranteed to the Province by the British North America Act of isG/. That the maintenance of the said local and provincial autonomy and independence imperiously demand that (luestioiis of purely local and provincial interest should not be subjected to the control and influence of the Federal Legislature and the Federal Govern- ment. That the removal from office of the Dc Bouchcrville Ministry is one of those questions of purely local interest, the settlement of which one way or the other can pro- duce no effect either on Imperial or Federal interests. That the houses of the Local Legislature alone are competent to appreciate the said removal from office of the De Bouchcrville Ministry. That it is of the greatest importance for the maintenance of the institutions and autonomy of the province that the Imperial authorities should refuse to sanction such a principle as th; c which is submitted for their approxal. That the Executive of the Province to whom is confided its interests between the sessions of the Legislature, are bound to adopt all legitimate means for preventing such a result. The Honorable the Treasurer therefore recommends that the Honorable Henri Gustave Joly, Premier of the Province of Quebec, should, in the name of the said Pro- vince, be deleij;aled to the Imperial authorities to uphold the rights of the Province of Quebec in the matter of the .said question of the dismissal of his Honor the Lieutenant- Governor, and that he ^y^ authorised to adopt and take all necessary measures to secure the success of his mission. 130 Thi! Committee concur in the foregoing report, t.nd submit the same for the Lieutenant- Governor's approval. (Signed) David A. Ross, Approved, 24th April, 1H79- Chairman of Committee. (Signed) L. Letkllifh. All which is respectfully submitted. (Signed) Executive Council Chamber, Quebec, 24th April 1879. David A. Ross, President. Department of the Executive Council of the Province of Qucl)cc, Quebec, 24tli April 1H79. I, TiiK undersigned. Clerk of the Executive Council of the Province of Quebec, do hereby certify that the copy of the Order in Council, passed by the Lieutenant- Governor of the Province of Quebec, on the twenty-fourth day of the month of April, one thousand eight hundred and seventy-nine, bearing the number of one hundred and eighty-five, transcribed partly on this page and on the two preceiling pages is a true copy of the original of the said Order in Council, deposited in the records of this Department. F. FORTIER. Enclosure C. Pkovinck ok Quebkc. By Ilib ExctUeucy the Honorable Luc Letei,lier de Si. Just, Lieutenant-Governor of the Province of Quebec. To all to whom these Presents shall come — Greeting : These are to certify that George Boucher de Bouchervillc, Esquire, of Quebec, in the Province of Quebec, in the Duminion of Canada, and wl' jse name is subscribed to the annexed Bill, is Clerk of the I>egislative Council of the Province of Quebec, in and for that part of the Dominion of Canada called Province of Quebtr, and that full faith and credence arc due and ought to be given to such signature and act in all places. Given under my hand and seal at arms, at the City of Quebec, this twenty-fimrtli day of April, in the year of Our Lord one thousand eight hundred and seventy-nine, and of Her Majesty's reign, the forty -second. By command, Ph. J. JoLUCKUR, L, Letelmer. Assistant-Secretarv. sa id No. 11. COLONIAL OFFICE to H. G. JOLY, Esq. Sir, Downing Street, May 2.'}, 1m79. I AM directed by the Sectretary of State for the Colonies to acknowledge the receipt of your letter of the 22nd instant,* stating certain circumstances connected with the case of Mr. LetcUicr, the Lieutenant-Governor of Quebec, and enclosing certain documents relating thereto and to your mission to this country. Sir Michael Hicks Beach desires nie to assure you that full consideration will be given to your letter now under acknowledgment, and to any other statement on the subject which you or any person whom in your absence you ma,y authorise to represent yoa may desire to place before Her Majesty's Government. I ;im, &c. H. G. Joly, Esq. (Signed) ROBERT G. W. IIEKBERT. No. 10. Q 3 12() No. V2. 11. Ci. JOLY, Esq., to the Kioht [I..n. Sm M. K. MICKS BEACH, Bart. BiuiiHwick Hotel, Jermyn Strp 't, London, Si II, May 27, H7!>. Rkiokk leaving England allow me to thunk you for the kind and courteous reception you have given me whenever I li;i\e been called upon to communicate with you, either verbally or by letter, in the Letellier matter. When I requested, yesterday, your leave to enter into the merits ot' the case, and to estahlisli the truth ol'wluit I liave always asserted, and still do assert, "that the Lieutenant " Ciovernor was fully justified in dismissing his rainister.s, and committed no wrong in " doing so," you stopped me by declaring that you would not enter into the merits of the case, but would limit yourself to consider as purely abstract (luestions (irre^iiectivc of persons and facts) the two foHowing points : — 1st. With whom does the power of dismissal of a Lieutenant-! Jovernor over one of the Provinces of the Dominion ot Canada rest ? 2nd. Can the Lieutenant-Governor of a Province be dismissed for an official act which affects only his Province? Your promise that no charge brought against the Lieutenant-Governor of the Province of (Quebec would be allowed to weigh in the balance, and that no attention whatever would t)C paid by you to the merits or demerits of his act, was in strict accordance with what I had a right to expect from your sense of justice, since you would not allow mo tf) refute those charges nor to substanriatc my assertion (repeated in my letter of the 22rid inst.)* that the Lieutenatit-CJovernor hud done mo wrong. In that same letter (to whicli I take the liberty of referring you) I have given reasons whv the case should be decided here, and iiot referred back to the Federal Government, wild have acknowledged themselves as one of the parties interested in its decision, and [ hope those reasons will carry some weight in your mind. I now return home with full confidence in your desire to render justice, and in your due appreciation of the importance of this question, the settlement of which will so materially affect the future relations between the Dominion and Provincial Governments, and the permanency of the system of self-government whicli it was contemplated by the British North America Act of 1867 to secure to each of the Provinces of the Dominion of Canada. 1 have, &c. The Kight Hon. Sir M. E. Hicks Beach, Bart., (Signed) H. G. .lOLY. Secretary of State for the Colonies, No. IX H. L. LANGEVIN, Esq., C.B., to the Right Hon. Sm MICHAEL HICKS BEACH, Baht. Sni, ' Batfs Hotel, London, May ;il, 1>^7!). I HAVE the honour to state that I have received intimation that the Quebec Legis- lature will probably meet for despatch of business on the I9th of June next, and I and my colleague, Mr. Al bott, have thought it .)ur duty to inform you of that fact, as bear- ing upon the importance of an innuediatf jctflement of tlie question now liefore the Iniperial Go^ernmont. We venture to point out that it is now more than two months since the House of Commons of Canada, as the Senare had previously done, pronounced the conduct of the Lieutenant-Governor of Quebec to be unwise, and subversive of the position accorded to the advisers of the Crown under responsible government ; and since the Canadian ministry, in consequence of that declaration, recommended his dismissal, and that the reference to the Imperial Government of the question as to what step his Elxecllcncy the Governor-General should take under the circuinstaiices, has suspended further action in Canada. We would add that any material additional delay in deciding upon that leferencc will result in the renewed exercise by the Lieutenant-Governor of the highest functions of his office, after an emphatic condenniationof his conduct by both Houses of the Dominion Parliament, and after the responsible Ministry of the Dcmiiuion, supported by an unusually huge majority of the House of Commons, has determined that his useVr.lness had ceased, and has advised his dismissal, lu addition to the other reasons for an early decision which we have already had the honour to suggest, we would 127 therefore also submit tliat, having regard to the effective adiuiiiist ration of the Govern- ment of Canada, to the respect wliich it should command from its people, and to the good subside. I have, (fee. The Right Hon. the Marquis of Lome. (Signed) M. E. HICKS BEACH. No. 15. GovKHNoH.fiKNKUAt, 1 HK MARQIJIS OV l-ORNK, K.T. to the IIiuiit H.in. Sik MICHAEL HICKS BKACH, Bakt. (Received August 11, 1H7rH, having fully iu)n8i'li-rc(l the Drspatch and hin F.xccllotiiy'H minute, denire to ^fatf timt allcr unxiuuH coiiHiiivration ttn-y uilhort" to the advice j)rcviou»ily tendfied to him by the underHigncd on their In-'hali lor the removal of Lieiiteiiant-Oovernor l.tellicr. They have not failed to give full weight and due conHidenition to the nupport alForded in the Province of (juel)co to M. .Imy, and have given their npec-ial attention to the- tiflh, Hevcnth, eighth, aiid ninth paragrapnH of the Despatch a« dcaircd l»v his Kxccllency. This subject was fully connidored by his Kxcellencv's advisers immediat<'ly before the departure of Sir Leonard Tilley and Sir ('buries 'i'upper ibr I'ingland. i'hese gentlemen concurred with the rest of their collciigiies in the opinion that ni case the -ubject should be referred back by Her Majesty's Ciovermneiit, the advice should be renewed ; and this is therefore the uniinimous advice of the ('abinet. (Signed) John A. Macim)Nat.d. Tki.eoh\m sent to Sir John A. Macdonam) '23rd July M7f) SiiAi.i. consent to act on advice given after reconsideration of case by Cabinet. Order in Council should be so drawn as to make clear sole responsibility of Cabinet for action taken. (Signed) Loknk. Copy of a REPoirr of a Conmiittee of the Ilonoiuable the Privy Council approved of by his Excellency the (ioveruor-(jencral on the 2."jth day of July \^7\}- The Committee of Council have had under consideration a memorandum, dated 23rd July 1m7;), from Sir John A. Macchmald, to whom was referred the Despatch of the Kight Hon. the Secretary of State for tlie (Colonies, dated 3rd of July 1 >^7f)i on the subject of the reference to Her Majesty of the recommendation made by your Tl\ccllency's advisers that Mr. Letellier, the Lieutenant-Governor of Quebec, should be removed from his orticc, reporting that on the 14th March 1H7;) the House of Commons of Canada passed the following resolution: "That the dismissal by the Lieutenant- " Governor of (Quebec ol" his ministers on the 2nd day of March 1^7"^, was under the *' circumstances unwise and subversive of the position accorded to the advisers of the " Crown since the concession of the principle of responsible government to the British " North American Colonics." That a few days afterwards he, Sir John A. Ma I,.iald, as first minister, waited on your Excellency and informed you that after the resolulion of the Senate in the last session of Parliament, and the resolution of the Mouse of Commons just referred to, it was the opiniim of yoiu' Excellency's advisers that the usefulness of Mr. Letellier as Lieu- tenant-Governor of (Quebec was gone, and they advised that in the public interest it was expedleit that ho should be removed from otfice. That your Excellency was thereupon pleased to state that as the federal system* introduced by the British North American Act of 1867 was until then imknowu in Great Britain or her Colonies, there were no precedents to yuide us ; that ihe decision on the present case would settle for the future the relations between the Dominion and Provincial Ciovernments as far as the office of Lieutenant-Cirovcrnor is concerned, and that your Excellency therefore deemed it exj)edient to submit the advice tendered to you, and the whole case, with all the attendant circumstances, to Her Majesty's (Jovernment for their consideration and instructions. That this decision of your Excellency was made with the assent of the Cabinet, who then assumed and still assume the responsibility of the reference. That he begs further to state that the Despatch from the Secretary for the Colonies has been carefully reconsidered, and that it is the decided and sustained opinion of your Excellency's ministers that it is expedient and necessary that Mr. Letellier should be removed from his office of Lieutenant-Governor of Quebec. He further ther begs to report that the cause to be assigned for such removal according to sions of the 5Uth section of the British North American i\.ct, 1867> is that after the vote of the House of Commons during last session and that of the Senate during the pre\ ious session Mr. Letellier's usefulness as a Lieutenant-Governor was gone. the provi in That your Excellency's ndvUcri arc fully awnro of thr responsibility of making thin Tccoiniumdution, an