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This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqui si-deaaoua. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X Th« copy flimad h«r« has b««n raproducsd thcnkt to th« ganaroaity of: Library of Parliamant and tha National Library of Cmada. L'axamplaira fllmA fut raproduit grica * la g4n4?oaiti da: U BibliotMquadu ParianMntat la BibHotHidciua nationala du Canada. Tha imagaa appaaring hara ara tha htm quality poaaibia eonaidaring ttM condition and lagibiilty of ttia original copy and in Icaoping with tha filming contract apaei^«tiona. Original coploa In printad papar covara ara fllmad baginning with tha front covar and anding on tha laat paga with a printad or llhiatratod imprao* aion, or tha baeic covar whan appropriata. All othar original copiaa ara fiimad baginning on tha firat paga with a printad or illuatratad improa- aion. and anding on tha laat paga with a printad or illuatratad impraaalon. Laa imagaa auhrantaa ont 4ti raproduitaa avae la plua grand aoln, compta tanu da la condition at do la nattati da i'axamplalra fiimA. at tt conformitA tN9e laa condMona du contrat da fUmaga. . Laa aKamplaiF» orlginaux dont la couvorturo an papiar aat imprim^a aont fiim4a an common^ant par la pramiar plat at an tarminant aoit par la damMra paga qui comporto una ampraima dlmpraaakm ou dllluatration. aoit par la saeond plat, a alo n la caa. Toua laa autraa axamplairaa orlginaux aont filmte an commandant par la pramMra paga qui comporto uno amprainta dimpraaalon ou dllluatration at an tarminant par la damMra paga qui comporto uno talla amprainta. Tha laat racordad frama on aach mieroficha ahaH contain tha aymbol -^ (moaning "CON- TINUED"), or tha aymbol ▼ (moaning "END"), wtiicliavar appiiaa. Un daa aymbolaa auhranta apparattra aur la da m iira imaga da chaqua mieroficha. aaion la caa: la aymbola — » aignifia "A SUiVRE". la aymbola ▼ aignifia "RN". Mapa. plataa. charta. ate., may ba fllmad at diffarant reduction ratioc. Thoaa too large to be antlraly included in one axpoaure are filmed beginning in the upper left hand comer, left to right and top to bottom, aa many framea aa required. The following diagnima illuatrate the method: planeiiea. tableeux. ate., pauvent itra filmda i dee taux da r«duction diffirenta. Liiraque le documem eet trop grand pour itra reproduit en un aeul ciichA. il aat flimA k partir de I'angle aupMeur geuche. do gauche k droita. at de haut en bee. en prenant la nombra dlmagee n4ceaaaire. Lee diegrammea auivanta INuatrent la m^thoda. 1 2 3 r 1 a 3 4 6 6 €l)e €mplogte0 of % Btmit €l)ambtr of tl)c JQHomimon. Trantlated from "La Minerve." t The spiaiT of Clause 130, in the Act or Confederation, intituled « The British North America Aor, 1867." The 1st of July lost saw the establishmeDt of a new order of things in Canada. The general principle involved in a change of this nature is, that all offices and employments dependent on the regime'that has been abolished were at an end ; or, to speak more plainly, the result of the above cited Act is, that a whole class may at once be oast out upon the street, if it is the pleasure of the new Anthoritiei to order an immediate evacuation of their offices. There are countries where faction demands this dean sweeping out of places as the reward of the victors, and where they maintain that << in rootipg up the tree it is necessary to clear away the branches," and this mode of proceeding may at first sight be deemed logical, but reflection will soon Qiake apparent certain consequences that may well disconcert us. Most of the unfortunates thus suddenly deprived of all income have perhaps families dependent upon them, but u'importe, strike them all down, husband, wife and children, at one blow. Of what crime have these poor people been guilty, that they should have drawn down ' on their heads such a calamity ? None. The fathers were simply good, honest and irreproachable employes, working conscientiously and doing honor to themselves and to their occupation. Then why oast them out ?, That which may be pronounced as absolutely logical can not always be put into practice : for example, the cruel law which demanded " an eye for an eye," though perhaps founded on some subtle theory, is not Christian, and has therefore been abolished by Chrittians, In Canada it is certain that a general clearing out of the employes before the 1st of July, 1867, would have been impossible ; not that there would have been any lack of aspirants for the vacated places, but the execration that such injustice would have given rise to would have been too formidable. Our object, however, is not to examine here tho principle that the fall of a regime necessarily involves the termination of all offices established under it. The question we are about to discuss here ia quite different. The new Act of Union contains an express exception to the inhuman principle men- tioned above, as we may read in clause 130, to wit : — " Until the Parliament of Canada otherwise provides, alt officers of the several Provinces, having duties to discharge in relation to matters other thaa those coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Pro- vinces, shall he officers of Canada, and shall continue to discharge the duties of their respective offices under the same liabilities, responsibilities and penaltieh as if the Union had not been made." Ther3 can be no doubt that the spirit of this clause was intended to pervade the whole service, and was designed to regulate all its functional operations in its passage to the new regime. It preserved at once both public and private interests It continued thd (Uvil Service, and maintained the employes of the abolished regime in possession of their charges without interruption, until some competent authority should have made other dispoMtions; «nd though the holding of their offices is plaioly susceptible of revocation, should necsMity require it, still it is equally evident that the new regime found a ^«*sonne/ in the Bureaux, who were there by the authority of the above cited Act. Why was clause 130 passed at all ? Oan there be any doubt that, among other thingn, its object was to prevent tno p\A 6|leer from beiug despoiled of the merit and of the right which he had acquired by his zeal, his labor and his experience. Take away this clause and all his years of service are lost to him. The new regime would then find itself beset with new men, and in reconstructing the offices, unworthy preferences would exclude true mwit, which is incapable of descending to a certain species of solicitation. According to the Act all this is avoided, provision is therein made for the continuation of the old employes in their offices and emoluments, and if any were excluded from this right for any other reason than that of un worthiness, justice would surely demand that they should be properly indemnified for their past services, even though those services shonld not have beeu rendered to the present Authorities but to their predecessors. Besides it is oiKly jnstfe that in LretvrJl for Uie advantages that the new regime expe- rienced at its debut from the posseasion of a corps of experienced functionaries, some respect shonld be shown by it to the past, and same disposition be manifested to satisfy the natural obligations i(i^rjre4 ))jthe ,o\d order of things. We beg to ^ffor some grave nets in suppprt of this interpretation! A general opinion has pi^evailed, ^nd we may add, and was encouraged by persons high in authority, that tiiere would be no spoliation of offices, that the revolution being a pacific one ^ould be consequently a beneficent one. It was assuredly never the intention bf itt' authors that it should he Ae foDr^runner of misery and woe to any class, and upon that opinion the ever anxious eii|iploy6 rested his hopes. Now if this opinion was err6neou8> should not the Ministry, who have the execution of the laws, have warned the employ^ that his off. e was liable to suppression in principle at least, and that he hdd it merely on sufferance ? In that case he might have iQade an effort to avail himself of the opportunity afforded by the organization of rae Departments of the Local Governments, where many of the old functionaries were called upon to fill offices, owing to their experience in public business ; but the silence of the executive, and the spirit of clause 130, had completely reassured them and led them to trust in the security of that lot upon which the subsistence of their ' families depended. These facts prove that the employes h*'^d up to the 1st of July last lost none of their rights, and tint ^ey had really become odicers of the Dominion, and it follows from this, tiiat the Federal Authorities could not be under any misapprehension as to the obligation they were under of indemnifying for past services the holders of all offices that might be dispensed with in the process of reorganizing the Departments. II. SOMB or THE RbAIONS WHY IT IS JUST TO INDEUNIFT THOSE WHO MAY BE DKPBIVED or THBIR EMPLOYMENT. It is only justice that the State, in displacing one of its servants, should indemnify him, either by acoordinghim a certain sum of money, if he is still young, or by pensioning him if he is old or infirm. The right to a retlripg pension, or to an indemnity when the services of a public fUeer are dispensed mth, and for no fault on his part, u a prinoiplo that has been eonse- erated in Fiance, evpr since the 14th century, and also in JBngUnd since tho Revolution «ri698. A pe?n)#|ient office or a salary onco acend of Uuriih ozpeues. BatwhjBomaoh uazietj tbout mmII miuliteni, iHieo so muiy great mbnaei exist to oooiuy their atteotion f It aeema puerile oondoet to be occnpyiog themselTei with detailing a nandAil of fkithfol aervanta when they viight ohooae out of undertakings involving DnUions. Many peraons, believing themselves good eitizons too, complain of such doubtful economy and think it as necessary to be economical in the practice of iujustioe as well as in thejtublio Bevenue. In England a few years ago when they created a new Divorce «nd Probate Court, it was felt to be consistent with the public interest as well as with the j>ublio hoBMtyr^at the State should indemnify all those who were deprived of their employment iby the abolition of that ancient ecclesiastical tribunal. And that indemnity amounted to the enormous sum of £116,000 per annum, as may be seeo in the recent work of Mr. Alpheus Todd, " On Parliamentary Oovemment in England." An excellent example of the respect due to the rights of private interebt The saving ptoposed by the Oontisigeot Comnittet) of our Senate does not exceed $18,000. One of the Senators, the Honorable Mr. Anderson, calculated that this economy would not lower the tax one-third of aoent per head to the tMC .payers of the whole Dominion. Is it worth while to commit so much injustice for so small a prof t ? Two other members of t^e Oommittee had other ojijeots in view. Everybody knows that New Brunswick and Nova Scotia claim the right of placing a certain number of em- ployes in the Senate. But a question arose whether they ought to exercise that right now or defer it till some vacancies occur. At the instigation of some of the members the Committee immediately created some vacancies that it plboed at the disposal of the Senators from the Maritime Provinces. But several of those representatives expressed themselves as averse to dispossessing men who had received the assurance that they held their em- ployment for life. Such were t&e generous sentiments expressed by t^e venerable Mr. Holmes, as well as by Messrs. Miller, Weir, &o. The coveted offices in question amovnted only to four, and to obtain the disposal of these four places some of the Senators became the prjneipal promoters of the sad decision of the 2(H;h of November. They urged that their right to the disposal of these offices was incontestable, and they claimed to exercise it much as they regretted its interference with tJte moral righttofihe old Servants. Justice could not be done to these without an act of injustice being practised upon others. We would here remind those members who paid so little deference to moral right!, that to obtain an object incomparably more grave, the present constitution conse- crates similar rights in favor of New Brunswick and Nova Scotia, to the prejudice, so to speak, of Upper and Lower Canada. We refer them to clause 147 of the " Act of 'British North America, 1867." This article predetermines the changes that the aooession of Prince Edward Island to the Federation would occasion. The three Maritime Provinces, grouped t(^ether, having a right in priadiple only to twebty.fonr members, the same ns in eaich of the other two divtsioB'i, tipper and Lower Canada, Neva Scotia was to have ten SeiDiatt>rs, New' Bruns- wick ten Senators, and Prince Edward Island four. Now the two first named Provinces who, as yet, form by themselves the third division, possess, at present, each twelve mem- bers. If Prince Edward Island should join the Union would it not follow that a sixth of said Senators ought to lose their titles ? But those who drew up the Act judged rightly, that it would be unjust to take from four persons a dignity which had been bestowed dpon them for life. Modifying the principle, they decided that in according four members to Prince Edward Island, on her entrance into the Union, they would displace no body, only the respective representation of New Brunswick and Nova Scotia shall be reduced from twelve to ten members, at vacancies occur. When Upper and Lower Canada, out of respect to the rights of possession, thus consent that the sister Provinces shall enjoy four seats in the Province more than them ; it eeems to us that it would be but courteous and loyal on the part of the Maritime Pro- vinoes to recognize the force of this principle in respect to our old employ^. VI. Conclusion. We have now fiaished onr ezamination of a question which though it concerns imme- 8 difttoly only a few penons, is of real importance in its relation to spraye principles. And if we have gone into details it was with the object of inducing a publio body not to proceed with an act of injoatice, which is no small matter. Fortunately the Senate has not yet sacotioned the Report of its last Oommittee, but adjourned the consideration of it to the IGth of March. We have reason to belieye that it will hesitate to adopt a proceeding so faulty in principle, so miserably parsimonious, and BO ill becoming its dignity. A great majority of the Senators do not desire to displace any body, but a number of the Senators from Ontario are of a different opiuion. It is to be regretted that men who formed a part of the former Legislative Oounoil should, in the new Senate, be so oblivious to the moral responsibilities that belong to them as the representatives of the old order of things. It ill becomes them to be unmindful of certain obligations, especially when they consider how the Queen has acted by them in similar matters. Their chief title to the high dignity which She has conferred upon them is in short the same "acquired right" that they dispute to their former old cm< ploy^s.* To sum up briefly, the Senate, for all the reasons that we hare indicated, ought in justice to connrm the old employes in their offices and salaries, or, if it comes to the conclusion that it is its duty to displace some, it should indemnify them or even pension them. And if it is necessary to accomplish that — to revoke its first decision — then why not revoke it ? "I felt it was unjust" said the Honorable Mr. Miller, at the sitting of The House on the 12th of December last, "and I foresaw the consequences. To day I think myself no longer bound by that decision though I did not oppose it when it passed." Other good words were spoken on that occasion, we give them below, and certainly nothing finer could fall from the mouth of an honest man. Mr. Seymour and some others having reproached Mr. Letellier de St. Just with resist- ing the execution of a reform which had been approved by him three years before : — " It is true, replied he, that I voted for the report of 1864, but that was on condition that it should only take effect in the future — that is to say — on the demise of the present Office Holders, but if you will maintain that I have been inconsistent, be it so! I prefer to be thought illogical rather #liaa inhuman." And here. Gentlemen, is the true solution of the question : it is better to be illogical than inhuman. * Hon. Ha. Gcrbii— I woald ask why, in the first selection, the choice of the Grown is restricted to the membera of this Chamber, when probably others out of it could be found whose presence here would be of more advantage to the public ? HoK. Sir E. P. TAOHi— I do not know what advantage would be derived if the Grown had the right of making selections trom all over the country. If that had been proposed, / think many honorable ffentlemen would have found fault trilhit. (Hear, hear.) It was due to eouttesey that the members of this House should not be overlooked, and not only that, but there were acquired rights which had tobe respected.— Debatet on Confederation of B. N. J. Province*, 1866. , , ■A •'ijt »i*^w..i II..I. .. . ,f Cv ., " ' •>