SPEECH HY Tin: RT. HON. SIR JOHN MACDONALl). [DEL 1 VKUEl* APU I L 1 1 Til. 1 H78 .] From Tlie (la:cttr, Montival. Sir John A. Macbonald — Mr. Speaker, I rise tor the purpose of bringing beforv tiiu attention of this House the late political events which occurred in the Province of Quebec, and I may as well now read the mo- tion which I propose to place in your hand. I move, sir, neconded by the hon. member for Cumberland, That Mr. Speaker do not now leave the chiUr, but that It tie resolved ♦ hat tJiu recent UiHralHMal by tiie Ijtentenant-Uovernor of Ciue- bee of his Ministers wan, under the olrcuni- stances, unwise, and subversive of the posi- tion accorded to the advisers of tlie Crown since the concession of the prlnclpieof respon- sible govern ineut of tlie British North Ameri- can Colonies. It was eui^fj'ested the other day that th" mo- tion to be made on tbis suiiji-ct ^'honlii b« an Independent motion, standine on its own merits, and in an amendable form, and ray hon. fiiend from ChateauKuay alluaer amend- ing any rule ftT the adminipirttiori' »>f thf affairs of this country, l)ut it W av^tAti-iKWit' from the poitUt ofvi'iw to whi<^h \ Vf(ifu/o .to rail the altenti<>h of thisHoimrjof AgVft^^n^e of a breach of the constiYutiooalJ Jsy^tem which now exis's in (!anada. It is a well understood principle that the demand for supply and the assertion of grievaucfs go band in hand. It is the proper mode and the expedient time for asserting crievances, when supply is demanufd by the Crown, and if that Ve so, the grievances must be stated in the languaf'^e of the party who claims and states it is 8 grlevpsco. It is no satibfcction of tbe right of the party wishing to make his com- plaint that he should b«« told by amendmcHta that his grievance is not as alleged, but that it is another kir.d of grievdnce, and must be dealt with in another way. There- fore, I have thought it expedient to adopt the constitutional mode of making this motion at tbis lime. This question, as I have alreadv stated, I hope and believe should be ap- proached without anv partv feeling one way or the other. It is a constitutional qaestiou, rising far above and b:-yond the temporary party struggles of the day. The hon. gentle- men opposite are as interested as we are on tbis BidH in the good ffovernmentof the coun- trv, in laying down cwrrect j)rini:iplfH for its government. I have bad sonx'thing to do, and I am proud of having had something to do with the c<>ti federation of these proviucCK, with the fstablisbraent of the present system and the inauguration of the Dominion. The hon. gentleman at the head of the Gul^,rpjiKe,no 'l«d precedent. A bad precedent is a dangerous thing, especially when we arH in the commencement ot our history. A flaw, a disease at tht; roots of tbe youug trees, is sure to lead to car'y decay, and therefore it is especially our duty to see that the tree planted by us — to change the metaphor from the building to the tree — shall be t>heltered from evt- ry posf iblo disease or infirmity which might destroy its value. 59177 \H0 fC A bad precedent iH an exceediDglf bad thing If there irt H iiiJHtaki) ia admiiiUtratiuu, that •can bo ciired by a (.'haiige of Oovtirurmfrit or of puli(.y ; if tliere iB bad leKitiltttion, thatcHii be cured t>v repealioi; or aruoDdinx the ob- juctionabiu ActH, but a precedent once e^tab. lish^d alwayn ban its iutluente. Il you tiikii lip cuuHtitutional authoritit-B you will find precedents quoted from very early tiracH, It iH amuninK to see how, when any conxtitutional (|U0Ktiou arises, geDtlenien luti'reHted in such sultjucts follow out the line of precedentH, and you -will see Kometiines quoted piecedeuts in the ^ime of Ueurge III., it nut earlier, us ut equal value and weight with the precedents that have been sot in our own day and iu our own tine. Hon Mr. Mackanzik— Thut is go«d Tory doctrine. 8ir John A Macron ald — The Tory doc- triae is a doctrine which utyn that tlierMUiust be a conservation of Ihe C'ouHtitution. It is good Tory doctrine to say that the treatment bestowtdon the tree should vary witli its growing wants and development. A bad pre- cedent b.iug abadthiug. It is of the v^ry greateht coHHequenee on this, the first occa- sion when a grt-at constitutional quubtion has arisen, that we shou il d(;al with it iu a man- 1 er worthy of it. 1 had thou;{ht, Kwlting at public uliaiis tiom luy point ot view, thai ai Ibis time, in tlie niutjteenth ceutiuy, and with all the advantages we have Irom Eug- liuh iireeciKnts and our own system, a ques- tion of this kind could not liave aiisen iu C/anadi again, but it only thows that eternal vigilance is the price of libftly, wlieu, at this time, lnr<;, in Cuinda, aiiLr havidg gained responsilile guverum^iit iit the jioiul of the bayonet, the first principles of respou- I sible government should rKjuire to be dis- cuss :d and defended in this House. The resolution 1 have submitted to the House states that the act of t>iH Licnti'mint-CJovcr- uor of the i'roviuce of (Jucb^c " was uuwi.^i;, and subversive of constitutional government, and unconstitutional in every way." The lirst question that arises upon that nsolution is whether we have any concern with that iu this House. I need scarcely discuss the y Her Maj. sty's Government in con- sequence of the action ibat was takeii in the HoHseof ConiiHons We all kn«w the caae «if 8ir Cliiis. Darlimi, who was recalled by Hfr Maj'hty's Government, and whose con- duct and deponnient end mode of gorern- mr Cl;at .aiimi ly (Mr. Holton), Luid C.ilteart aunotiiieed lu a very uuusu.il way, lailier as a soldier ihau aii a politician — Hon. Mr. Holton — My your advice. Kir J. UN — It was long before my time. Hon. Mr. Holto.n— It was after Lord Met- calf.'. came, (ind before Lord Elgin arrived. Sir John — It was before my time. The first Governor under whom I served was Lord • • • • "^ • .^'Wi-i-. • \ li^ti* Mi*.' Hoi.ton — Itwas your party. fiir .Joii.N — 1 never set v;,i.% '"'u'ruuderLord '?3eft'>!tJ iit ho'pl CaihcurirV Only a jear or tivctiigiJ v'e'^ldii.the ease of Pope H liliessy, v^h<*se ('o*ndu.:t 'in B.irbidoos was dis'ussed. Althotigh he was not reealb-d, thu tlcb.ile in tlie lliiiise of Commons went so far as to show ihiit iu his supeiabiiudaul z-al, because I believe it was such, he liad perhaps outrun disireti.m, and he was a very short jxriod afterwards removed to another colony. Theso cases, however, are not leipiired in order t ♦ establish the tact that the Imperial Parlia* lih' 8 mt;nt havo (i<:iU with tho nctH, thu incritRnixt dtcmeritH iif colouiul Ui'V-riiorii wirh ptrftat freedom itud )ii'rti;( t rii^lit, and tho liupcriul -j w ni iu (iiiveriinr Evnt's case, wheu they ro' biHU'd ^evt!r;ll of the luotioriH luud'-, to t'oiloM up hJH di^iiiiH^al by | uuiHhiutMit, atid reiiHure was eudcavoied to Iw cast on thoiu by «tvi.* c(iloi)4a) aPHcmUly, have nlwayH contended that ttiu SpeakeiH in tho liir r> nt colouii'H had tilt, sanin power within tliuir liuiitKd (:uh>nial jiiriNdi' tioa bh thn Speaio r oC the Houhu of OoninionH, uni)rtant diHeri'iice between Hv'olonliil (io^'eiiiur and a H iti.sb iSovureign of tlie House of > laulaKenet or ' udor. Tho toniier w.ta re>p nsil)le to the Iiap^rial auUioi-ities, to wfi eli ilio troloay ( haijitt lil.s ilul^ , and II he re lined to .< iuhabllanl.-> of the eoloiiy, they wereeniillea to iay iheir t{neviiucc.s before I'arll.iini'ut." My conteutiuu is, and I do not Ruppo^e it will not bt; gal quentiou it waa decided iu that cane and in ueveral others. In the case (d McMab agaiuHk Bi4well, when Sir Allan McNali brought an action against the Speakei' of the old Province of U[iper Canada tor faUo impriMnmeut, becanso he had, under ord.-r of tho House* of Assembly, aud as Spea'ter, it^sui'd a warrint for his arrest, the question was rais>'d, though I am not sure that in that case it was formally decidid. For the purpose of th's diacu8.y commission of tht; Govimor-Ceneral. In the rtuiaiks which I shall address to the House I Hi-suiiie that the Li ur.-Oovernfr of ea' ii pioviiK.; ban the sumu power, re- presents llie thrown to the same degri:e as the pioved by commission from the Governor-General, sustain and not from the Sovereigu diiectly, has not the same power or the same attributes or th.; vame position as tho Goveruor-Giueral. Well, there is much to bo said from a merely lawyer's point of vijw in that n^spect, aiid I ■would not be at all surprised, if a case were brought up before the CoUi'ts whirh would be obliged to set aside thj constitutiimal ipies- lion and look at the strictly legal queiuiou, whether that might not be main;aiu< d. We know, with respe.t to the powers of the Bpeakets of thedilTerent provinces, that that question has been decided twice, if not thrice, perhaps oftener. The different legislatures, the different representatives of the people, the regard to this Legislature, and the Ministry that advisi's him. In this ilistiissi^'ii, us far as i am conct«ned, 1 assume that he has the same power and re- sponsibilities, the same right of exor- ei-iug the prerogative, within the limits pri .-icribel by tin: Couledriaiion Act, and the s:im! sustained aud may be Hustained iu the Courts as perfectly legil, may be as thoroughly uueousiiiutional as the Court doelareil them to t'C legal. For- merly it was otherwise, but now the disiine- tiou is drawn iu practi'.e aud in theory. All the constiiutioiial writers l.iy down that principle beyond cavil, and to say that the Crown has tho ri^ht to dismiss a person or appoint a person, the liiiht to veto an Act of Parliament, the right to make i> in-aty, that the Ciowu Las an iufiuity of pierugative rightfi, JM no HiiHwiT til •iny i IxirK** whivh mny b« hroiiK>il Ukruiiixt Ihii (Jikwii or th»* ndviHerH of tiie CriiwD, that the lefj^ul preroK>itive of the Crown wuh unconHtitutionally (xirciHcd. The Hovcreinn, for instanct', ctin -p thitt difli>r- nncndiBtiuctly and nteadily before U8. We nee it mentioned in some of the new^paperfl which are UKUtlly calle-rl)aps, the stroiii;cst uuthor- ity on cKiirttiintionHl <]'icKti(iris, who w.is a little cr'Hii'-, though his g< iicnil iiicH, bk my hou. frifOitrt (>ppo>ite who hnv.- sfiiol. Tlic.v r tfiird It as u, gross Hhsiirdlt.y, and us curl laugiiiigc of the frtctioii.s whoru ihcy lialo. They tiny Mint the word Ims (.Itlier no uieanlnn at all, or It nieais eV'Tyihliis; and auythlnf;. A thIiiK Is unconstlliti'onal, say thfy, wlileh anyone for >«ny rfusoii chooses to dislika. WlthJid delerciice l-o these reasoti- ers, the word Ii;im a pence l.v tnelll!; title raeanliis, and s milllcs th'>i, which It is >i - ways most ImporiHUi to ic<;iir(l ^llh due at- tention. Many things ihiil .re not prohil)ll'd hy the law, nay, that cantint oe proh l)lted without tiiho P'Ohihiting thio>!S whii-h ou^ht to hn pHrmlt'lid, are neverthe ess reprflieiisl- 1)1,' btii.MUse contrary to the npii it oi the t'i>n- hMtutlon Thus, the .Suveicli;ii of England Is allowed hy law, like any other p rson, to a in ass as iniii h nioiiHy jn he plens •" by his Havliijrs. or hy entt)rin!{ Into spi-ealatloiis at home or ahioad. He mlKht aecu nulaie a treasure of tllty rtillHoiis a^ easily as tiis bro- tlier of Holland lately ulduld bo Justly llal)le to soveie f-ensure rtccordliig y. .-'omo speak with por- ftct eorrtciiiess of n I tw wh eh Is proposed tteine uiicoiisiilut onal If k sins igiiliist th>^ genius nnd spirit c)f oar free gover- nieiit; as lor example, ag lust the separuiion of the executive from the bgislultve and Judicial ftiiicMons A l> I iniiiKd Into a > i.tnte which sii. old ecru iriittt v i>'oliit.tt iMinic inc.ltnifM wliiioui the consent of the (Jovcriiment w •uld be lis valliland tiliid nit a law us thcOroal (Miartor "r the .Vet nf ^«etllcmcnt, but a mure uiiconnMliitlonal law con d not tie well de- vised. M) a law (jlvltll? the soldiers ir the mllltla the p'lwer ofihooslnu their «(ltlcHr», or a law wlthdrawlnif the military wholly from the jurisdiction of the eonrts ol law, would be as binding and valid as ho Yearly Meeting Act. Hut It would violate most grievously the whole fplrlt of our Constitu- tion. In like manner, letting the pe<»ple (!hooKe their .indues, whether of the Courts of VVestmlnster or .Iiistlcesof the I'eai-e, would be as uneontltntlonal a law as letting the CTown name the Juries In all civil awl crimi- nal cases." But, sir, I will quote the langUHge of a man of the present day, the mention of whose name will bo suflicient to ensure respect for his opinion, one who is extremely liberal in his views, and who, as an historian, has as- sumed in England the first place. I refer to Mr. Freetnm This passage is so instruc- tive that, ait the risk of being tedious, I shall rend it, especially as the point T am now dis- cussing is ptit far more aptly and with greater ability than I can pretend to put it :— "HInce the 17th century things have In this respect greatly altered The work of le- gls'atlon.of strictly coiistltntoiiiil legl-liitlon, has never ceasetl. A long sm-ccslon ■ f legis- lative enactments stand out as landmarks of political progress, no less in more recent than in earlier times, but, alongside of It, tliere uuh bee. I a scries of p Utical cliaiii'e-, chand'e.i of no less i.i.im lit than these wlilcli are re- cor.iea ill the statute llooU, which have been made without any lc>;i>,ative rnacttm-nt wlia.ev.-r. .-V whole code of polittciil mii.\lms, uiiivcr.siilly ac^ nowledijed In tln-'iry, univer- sally cairieewhitt slu d'lwy yei ver.y pr-ctic>ii crea- tion, that mixture of g-iiuin° an lent tradi- tions >ind of ie(;ei;t devices of lawyt-rs whleU is known to hnglihhmeu as coin a on l^w. Any bri ach, oltlier o, the tights of the Sove- reiun or of the rights of the subject, was a legal olfence. capable of legal detlultlou, and siilijectlori the otlcnder to le^ai penaltlfK An act which could not hebr ught wltliln the letter f JuNtlcP, tiiit III whicli It, iiroiioiiiiros Ken- tOIKH^M Wlllcll llHVII IIOIIH t lut !•■ H pPliCl ICK I fiirco lircuuso tlicy I'firry Willi llimii uoiic ol (li«let(itl f(>ii>ie(|ii*-iicfM of (luittli, Ixiii'In, Iiiiii- Nlinioiit (ir roiitlHcHlioii. W(- now liuvt* h who!)) N.VNlfiii ol politlciil niorulliy, a wholi> rode of |ir<»r<'pt« for llif Kiiid'iiici- of puMIc iiifti, wlili-li will not liH I'ouiiil III any pai{f of cltliiT ilii; siHiitlf or ihu I'oiiiiiioii luw, liut whicli Hie, III pniollcc, lii'Ul hiiic'ly Iuns suit«mI lliaii any iiilncljilu ciiilioill il In lliu (irciil ('liiirtci' or In III!' FiMliion of lUu'lit. In short liy till! nI'Ii' of our wr.llrn law, llnTf liasi{iown lip all iiMwi Itii'ii orciiiivi-nnoiial conhtitiitlon. When an l\iiKll-'liniiiii Kpi-akN of tlio conduct 'ifit piihllc man ki(MnK<'oiistl(iitlonal or iincon- slltiillouul. Ill- intans noiik-UiIuk wIi ily dltl'i-r- •■nt lioiil'Wnat III' iiiuuiiH liy coiidui'; Ik ini; let,-iil or lIU'^'iil. A tuinoiiN voto of iiu; lioiisu of *'oiniiions, piisst'il on t lie niollon of h trreitl siHloMiiian, once dciliireii thai, tlie Mien NIiiiih- ttiTHof Uie Crovvii cild n'.t po.s.M-.ss Uih conii- :|i!«<)e of till! Hi'ii'-f of l It of tliH (oiistiiniloii. 1 lit) tnitii of Micii u po^ltlo^, a'-t'oriilin4 lu tlie Irartltio hI prlnc pits on wlucli piilil c; ineii have ai'leil for some K<'ti('>'ai ions, imiiiioI lie disputed, lint It woiiUl III! In v-ln to s,-U. for any tract; of such doi'ti UK'S ill an ptt;.eof our ^vriltun law. I he piopK.MM oftnal ii.oiioti did ;iot nitiaii to chartfo th»M'.\i-llin,' Mlnlslr.witli tiiy lilctfa) lurl, Willi any i.cl wiiii li could ii» iiiudc tiif suiijocl. either ot a proheculion in H Lowi'r Court or of I in peach men t In ilie Hifli Court f>r P riiHnn-nt liself lie dill not mean tli.it thi .Vlnlhieis of the < I own <-oiiiniit itil any tni ach of the law of which tie law could take connlziincH hy re OtIlililK possi'-sion of tliclr oltiecs till su.-ll I line HN llie Crowu shiuiid think Kood to ilU- Jiilss them from tliesH odices : wlml he meant •was thiit (lie general eouise id their policy •■was one wl ;i' . to a mii.joi ity of i he fluuse of < oinnioiis, (lid not s>-c-iii lo lie wise or beiiell- •liul tot e iialion.and that llierefore, accoid- .itj lo a coiivc.iilon il cndc as well ii'ideislood and as etleeiiial usilie wii t. ii law llself, lliey "Were humid to resi.,'ii ollin's of which the House of (^>:llmons i.o loii-cr held them KJ hi! ■V'orthy. Tlie H n,H their ilnty to ^ive way without an.v lor- Siiul petllloii, wltlioill any f» iiial ciiniinaiid •On tl:.f part ofelther the House or of the 8ov- '•leiKii The i> ssiiiK hy ihe House of i;oin- niuiis of such a resolution as this may perhaps be set diwii as the formal dcelitiil> Ion of • conslltutlonal prlnclpio, hut ihouifh a for- Xial declaration, it was not ii leiral d clara- tiou ; it eiealed a point for the practical fuidunce of future Ministers and fuliire ear- iameuts, hut It iieliher ch;tiii;eil tne law nor - «lple wlilcii could In taken any notice of hy « .Uidije In any t^'ourt of law. It staaus, therefore, on a wholly dlll'ereiit ifround I'om those enacimeiils which, wlietli r they ■Ohan^ed the law or simply deeUired the law, hii'l a lei^al fortte, ea aide of beiii^ I'll force I hj- a lemai trlhiinal Jf any officer of the Crown should levy a tax without the authority of FarlUiment, U he shiulii enforc ' martial law without tlie ••uihorlty of i'.iillameut, lie would he guilty ol Alegal crime, hut li he merely eoiilinues to holu an oilice conferred by the Crown, and from whieii that^iown has uot removed him, ttiouKh he bold It in the teeili of any number Oif votes of censure pa.ssed by both Houses of parliament, lit) is in no w ly a breaker of the Wrltteu law, but the man who would so act Vould be universally held to hive trampled sinder fi 'Ot one of the nioHt undouoied priiicl- lAes of the unwritten but uuiversully accupled •teuuliiutiuii." Now, sir, what is the cuHe of the I^ii iiUiiant- IJovt riior, ami what were his rehttiomt to hia 'ulvi8eri4, coiiHtitiitioiiaily H'tiiD^ asiile tb« U-ffixl qiietitioii altdk'ithcr whii h I have at- tempted to thrtcusH? tjctiitiK a^iide hiH It-^al riKlit to diniuin8 every othcer hoi lin^ ottice under him during |ileasiire, what in the puHi- tioit of tliu Liciitt uaiit-Uoveruor and hiH advidcrrt? Tliey hohl prerJHoly the BituH posithm, art I contend, witli renpect^ tt) the Lieiit.-Uoveruor as Lord IJ arouslicld and hin (Joverumcht hold with respect to Her Maji sty. and the lion, niemocr fur Lanili- tou and bis .Ministry told with respcutu thu representative of the SuVerei«n, the(ioveruor- CJeneral. Under the touidiHiiion "« it now stanilH, I contend that the Ministry of the day, so loun na they have the t ititiiieiico of Pirliameut, lio louic art tliey are rtustaincd in Pdrliuiiieut, niurtt and will have tlie riKht to cluim the confidence of the Sovereijjn or the representative of the Sovereifju. 1 contend that, althouijii it was otherwise formerly, and although the doctrimt hi« ktowu up hy slow decreet., and although we read of dismissals of MinisiiieH by the Crown in iheearlierday«, when the coustittitiou of England was still uijdevelopud to the state of perfection in viliili I think it exists at this moment yet, in this day, so Ion;; art the advisers of the Crown have the coutideuce of r'.irliament, they have a rij^ht to claim the contidence of the Sovereign. That is the gnat principle. If we do not hold to that, then we are ail at sea, and in great dang r of being wrecked ; till n, indeed, our institutions are uot ouly on their trial, but we have greut reason to dreaa that they will f.iil, and that this |>romising c immeuoeuieiit ot our new i <>iniui(m will, by au abandonment of that ^reat Ian 'mark, fail to carry out its future as a iJi minion, founded on Untish i onstitiitional principles, and carrying them out under more favorable terms and under les« fettered coiiditions tQan even our fellow-countrymen in Great Britain and Ireland. As 1 have said btfori.-, this is aqu'jstion which appeals to all of us, to every man, to every lover of his couutry, every lover ot free institutions, everyone who wishes to embalm, as it were, British iustitucions in this areat olfshoot of the British monarchy. It is so necessary that we should consider this (luestiun as it exists now in Kngland, and not according to old precedents, that I will tjike the liberty, before I sit down, of calliug the attention of the House to the gradual growth, the very gradiiiil growth in the face of tuch inimi nse discouragements and immense pressure from the Crown, and occasionally from immense weaknesses on the pai t of the advisers of the Crown, that it is ouly by slow decrees that we have evolved the now present system that exists in Eng- land, and which, I hope, by the vote of this House, atid by the advice of this House, and by the general concurrence of this House, will be carried out in this i-oiintry. When I speak about the failure of Ministers iu Eug ■•«! 6 Iftud, w. kiH'W i||v' t'tili-il, ntid thiit th)i iK III I'lli' )) hiiM iittiiiii und UK'^i" nuKlti th< in m .kf tiiiwitrthy coiu- pliaiKU-H to till) SoVt'l'l^ll, Ullt lUdWIIIinlMlld- ing ih(! ohhtinacv, tin- wr<)iu;-hfiitlnl wi^HkiivHHt^H of thu adviHerH of till) Crown, yut, by hIow dtgr<»*B, the coDBtitiitioii liHH bi-t^a c-voivi^d, until wi- dow hiivr ihitt piim iplii tixrd in Kii^liknil, nnd I ho|ii> tluit th' duy Imvi- tljn confiit'-uci- ot the (M-opJi, thi y will ii>'v<' ilm coulldbui,*- of th<3 Crown, will hn itdviB>:d Ity tliosi' inuii who will havH the couiidiMici! of thu Crown, und that ttiu Oowii will lit) advised by ttioHo men who havo the tuutidi-ncit ot the repn koii- totives of the people. There Ik only one <:(ibi-, sir, in which it seemH to inti that thiH doc- trine can be inapugned, and that Ir when tht^ 8overeit;n baH a reuHon to believe that the re. presentatives of the people, who, I raaintuiu, Hhould (tnpport the advinerd of the (.'rowii. have forf- ited the coufldeuce of the people themselveH. In siuh ti <:hh , Mr. Speaker, if the Crown haH that opinion, the Crown has a fair riijlit to Hiy to Its adviwiTH : — "ThouKh [admit that yon have the conlidenee of the repreHentativeH of the people, though I admit that you are Hustained in I'^rliamjut, yet my idea iu thin : that thoHe who do BO RiiHtain you have from one < ause or another forfeited the conii lence of the people thtniHelveK, and I denire that there Hhall be an appeal under your guidnneo. I hold you, my adviaerH, to hiivi the contidence of the people until the contrary is shown, but I call upon you, and I inmiHt upon it, that there be an appeal lo the people, and if you come buck from the people HUhtained in the future, an i'arlianient Iihh Ku^iained you in the present Parliament, tin n you will have HgAiu the coiilidence which him been to 8ome digree weakeQid by late events" For in- Btance, Mr. (iladstone himstlf tlid not wait for any such intimutiou fiom the tVown ; he did not WiJit to be^told timt tli-re wus iiiiiuiH- takable eviiknce that a readiou had sei in in England : he did not weiit to have the Crown Bend for h.ni and sty to liini : — "Von si e single after sin(;le eleetion >;oiu>f agaius-t you ; you Hee thut tinre if a v- ry strong reaction in the country, and 1 think that >(>u oiii^ht to appeal to the coui'ry ns a whole ; I think that you out;ht to Bee wliother tin- country nas such contidence still in you th;it you have a title to the renewal of your lease of oflioe.' No; Mr. Gladstone lilt that it was due to bimHelf and his position to go to the country ; he believed, and it may or may not have been so, that these elections which had gone against him were indications that he had, to a certain extent, lost the contidence of the people, and of his own accord advised the SoTereigu to dissolve, so that there might be an appeal to the people. In the first place, I would call your attention ubortly U> the act oMIk- J.ivuten'tnt Uovernor in the I'roviuce ol ijii II lie had fiiiiid liM Miidtterrt In when h» citiue into p 'Wor, and tound then* BUHttined by the representativeHof the people In the House ot Ai-Bembiy. He loiind them in the l'|iper I1ouh<', which wuh a judicial House, nouiluateil by the Crown, and thejr were Uuve mIbo Htrong. lion. niemhetB — Hear, hi'ar. Sir John — It is ho ; I slate so as a matter of fi-ct. As a matter uf fact, the Lieiitenant- tJovernor found them in ottii e. They bad thou the contidence of tlie representatives of I he people, und they hud the Hiippurt — if that «uitM bitter — Hon. Mr. Hlakk — To the term a "judicial HiiUKe " we were ohj« <;ting, because every man in it was nominated by themselves. Sir John — Kvery man on the Bunch is nominated the adviser of the Crow;i, and yet they are not judi'.ial otti.erB. (Hear, hear ) Hon. Mr. Cabtwiiiout — Thiy have judiciat functions. Sir .loH.N — I know, Mr. Speaker, that it i» the fasbion in some places and in some ways to attack the Senate or the Legislative Coun- cil, as nominated bodies ; th -t Is a point by itself which perhaps we had better not im- port into this discussion even by a cheer. When I 8«y "judicial," I mean to say that their functions are supposed to be somewhat analagous to those of the HoUr«e of Lords. The House of Lords iti supposed to have judicial functions ; that is to say, they are not to resist the well as'.'ertained wili of t>>e people, and that they are to sit judicially upon the niei^urcs of the represemalives of the people, the HouBo of Commons, so that they may give the people them- selves the opportunity, if they think right. In considering that question, the questiotk they are dealing with, tht y are a check on the House of Couiuious, the representativeB of tue people, and in Hub respect they hold an advisory and i/ua.^i jii lieial position, that is all 1 m. an in tuat respect. Hut the Lt.- Uoveruor found a MiuiBtry, liaving tlie con- tidence of both branches of the local Legis- lature, in (>tli 'e, and they were very strung, I believe, in the H )Use of Assembly, but I do not know wnatthi pioporlions were in the Legislative Council— I believe that they wi re two to one. Mr. ItKVi.iv — More than that. bir Joii.i — I'wo to one in the Lower House they hau a maj nily of 2 ) in (iS. The Lieutenant- (} )Venior had th-ir assurance tint bis advisers had the coiitijence ot the representatives of the people, and of the other liraiK h of the Legislature, whii h wisely or unwisely w;ik a c onstituteil authority in thif case, 'i'he whole, or nearly the whole of the aeesion, dragged on, the Ministry of the day introduced th^ir several meahures ; they car- ried them almost to completion ; they brought down, for instance, a systeUQ of tax- ation, which is not a veiy iwpular thing for any Government to do, as perhaps every Finance Minister in his lifetime has found out ; thin WHN MllriWfd to ko nii nnlil It HhiI I •Iniotit c«ime t<> complotlou ; tti« prim Ipiil iue«Hiiri H of the (iovi-rnnii'Ut wt-m Mhout to i bccomif Ihw iu a day or two, and all tliiiiu nieaniirfH had liccti ntipporti-d \>y MtroiiK v<>t«-R iu lM)th UuiiHCR. They Iih(1 bitii Hiipportiui, ttn he was aware of that, and he felt too, in hi» heart's core, that this was a blow at what he considered tlie monarchical principle and the monarchical power, yet he allowed it to pass throuKh tlie House of Commons, although he was opposed to it, and the Ministry knew that he was opposi-d to it; altliough they knew that every feeling and every principle and every emo'ion ot George tlie Third wag- opposed to that measure, yet he allowed his Ministers to introduce that bill. It was car- ried through the House ot Commons. It came to the House of Lords, and only when it was il< f'l-Hted by the otluT liranrhofthe Legislature, And thrown out, f Commons, and it was not until there was a vote of want of contiilence, by throwing out this measure, on wliith the Administration had staked their whole exi^tence, that he ventured to dismiss them. And yet, not- withstanding that case, it is now held by all constitutional writers, held by all statesmen. 8 and hull! by «iviry man who liaH (.arttt-d thu conMtUiiiioiiHl priuciplf into nttion, Itint tliu coudiicl ot (i.M)rKu till) Third cuuuul be du- fendt'd HH III iiiK (oiiHtitiiii'irml. Hud. Mr. IIlaku — llu biuiigiit itbout tbu VOtM. HIr .loii.v — 'i'liat Ih only another iiiMtiincti of tbu KiiiK luti rli-riiJK iuipiopvily. I Hm not < u Kreat revolution la i'.n^lanil, U'illtuii) tbo Kouitli doin^ very nearly tlir ^auio tbin^ with rexptxt to thtt lieform bill, it is adniitted that tliiri was a bruacb oi tliu Constitution, iiut it waH like tliu MUiipenHion of tiio J/alnui Vor/nn Act iu tiin« uf war oi* iuHurnction. Iu Irjol Mr. I'itt wax not disiiiiHHt'd, but bo rcHiftuod bt.-cau-iH the King iuHiHtL'd upon tiis al)audouiup: bii* pro- jtict for (y'atbolic iinuu ipition. it was a rtitfiKnatiun. It was a dinmiHrnil in tt^niH, but it was approarhiu)^ very much to a forr«d resignation. Hu rusignt'd on tb(3 Catholic question. 'J'hu next ili.sniiiiHal was tliat of Lord UrcnvilKi 1817. Ic took placi; on ouu form of tht! Catholic quchtion, nanuly. in re- gard to allowing oriict-rh pr(dtK.sing the Cath- olic religion to bold high rank in the Army. The King at tirst cunscuted, but utterwaniri stated that a uii^ap^iruiicuMion had occurred as to the ixtcnt of his assent, and therefore requested tiie Ministry to withdraw the bill. That the Uovernnieut consented to do. but the King rei]uired still furtbur a pledge from them in writing that they would iiever introduce a similar measure. They at once said it would be unconstitutional, and deroga- tory to their position, and they were disinissMl. There were two cases in the time of (Jeorge the Third, that of Lord Greoville and of the Portland Administration, the coalition Ad- ministration of Fox and i'ortlano. During the whole reign of (Jeorge the Fourth there vraa no dismissal ; although he was opposed to Catholiu emancipation, althouKh be had .an hysterical abhorrence to that measure, yet he linally yielded to his Mi isters. There was uo dismissal by George the Fourth. There was one dismissal by William the Fourth in 1831, and that we have all seen quoted us a precedent tor the dismissal in givi n tiy (.ireville, and whicli bus bueu coniirmed iu the Memoirs ol lUrou Stuck- tnar : — " When I- lollowiiiK Is Niiil' i| to hiivtf oeeiir- relNl nee oi' Allhiirpn In tiie M 011 no of t'oiiiiiiOiiF. ; lilO'eiiioviil niHile II. nei'0>Hiir,v lo ailopl, n new orgaiil/.idlon hlloKetlier, llial •oiiie eniiMlderiili e eoiieeN.slons (o Ilia princi- ple ol reioi III were jii'l^fd lo i><- u< ee.^Mary, and til" appoint iiieiil 01 It Nlleee.-tMir lo vltliorpo, v.lio Niioiiid e irry tln'in liiio eileel ; ilutl ho Was iildp.iil'iii in.fl wllliiiui I lii'.se ine t iovMrii- tiieiil could 110: Ko on, Slid at I lie same tune It wiin iie(!eNhiir,v tosiale mat llieie were mem- ller^ ol the Culiinei who did iiol eoim ide wllh tliesi viewr-, ai>d wll'i would retire wlieli Par- llaineiil met, II' I liey Were adupied These were Lord L'iii.->d iwiie aii'i hpriiiK Uleu Lord .lolin KiisiieU was lo lextt In liie llou.se of i'oni- iiioiis, liul the Iosf. ol Itlert would he a severe hlow 10 them. The eoueeNsloii re aled prill- el pa ly t.> Church rei'orin. The dis- union of the L'uliliiet lieiiik; thus exhlh- lied, It WMf» clear I lie uov.'rninent cMUild not uoon withoui s'line inaierial iilterHtlon In lis c >iiipOKliiiin. The Kiiit; iirxed ihl.-«, and asked Mcluoiiriic Iroiii wh.il <|Uiu'ter the ne- cessary ueeession of slreinjlli was !■) he pro- eiireil, and wliellier he could hope for II from the Coii.servatlve liileiesl. lie owned thai iiolhiiiK was lo he e.\pe<'leil from thai <|uarler 11 reiudlned, then, that ii wits only Iromthe iiiort? extreme iiari.v thai their ranks could bo reenilled. To this Ihe Kin;; would not eon- i Mill, and he I leielore imparled lo liini hU re- Isulwiioii of piaciut; t lie uoN erniucni in olher I liilluls." I in a note made by Mr. l{e vc, who was Clerk I of the Privy Council at that time, and who edited Uren\ille's Memoirs, it was stated that this account of the transaction was contirmed in uliuost every paiticuUr by the statenient drawn up by King William himself, or by his directions, for tiie information of Sir Robert Peel, and tirst piiulishid in Hiiron Stiickmar'ti Memoirs iu 1872 ; that when Lord Melbourne foriiitdhis Government, he told the King that it could not continue unless Lord Althorpe remained in the iiouse of Commons, and unless it hecuiuj a more lUdicul and less old Whig G iverumeut ; that Lord Lausdowne and Spring liice, who were known as the leading Whigs < ftk< r luft tbu ilMlr. Sir Juiis A. M AOim.NAi.ii— At tim timn ^lii'U ilxt iluiiHu touk rt'ii'Mri 1 <^itri HprHkili(f of tliti Innt illntMtU'c III lh)i hiMtiiry of KiiKlti"!. wlnn thit powtT ^1 iIIhiiijhi«mI (if MiiiiHtrrM tiy tli«i (''rowii wmm #X'-r(iri)'(l. S'h II ( HHi- liiiM iiiit oi'( iirri-il ^MlCtl tlll'll it WHH IIIIHIK dHnflll ttlt'tl, HH It ^iMTVitl to 1)1'. It n rtiviil th" rtpiillHtion -«t I'lirliikiiii lit Hiirl III' the |i<'0|ilit l*y tht^ ^iiiiniji! Hilt icliiiii of liiinl M<'|l>oiiiiui niid |tih Hii|ipiirt('rri Ht llir Ki'd'Tikl I'lfctiiui, which %iii* fori'i'il oil niicoiiHliMitioiMllv. It liitH 't>> en piiiiiti-il to wi(h Hi;i>i'ii liy hII writ'Tri on thf Niihj.'ct rvtr HiiK ('. hihI it \x th<'r< torx nn ilii|)|ii-ii HK'kia in Ihit MuthtM' (juiiittry, •lul 1 would f> i>;n hitvo hopnl, if it liml not b«'veriiui>'Ut in Ku^land and nifitinrit the Itri- tit
  • v«;rtinit'iii wtTin ii (juestioii ol' Imp'ii'hii < I'. TIk' Ki y: I'fpi led 11)111 I lit-y *^»'i'e lA H niliiii. jty III till* I'ci-rs, und he linrl r aMnii to iiulifve 111' y Would speed lly he In llio k 'in » OOnilition III till! ('oiniiKiiis, uiid la- tiddc I ptri'iuptoi'ily Uicy h.id li.tti-r, trxTflore, r»KJ),'n witliiiut loss of si'lf respect. W'llll.iin ttlei''ouitj waH (|iille i Ik it, aeoodiutc lo > lie filill(dples Ol the eonstiiutioil. II' liOid Me!- 6u'nH Ihouulr Ins Adiii iiislral Ion li id not tbe ('onndHnci> of Ihe peoDle, ihov had lli>' r t;hl to H^ eiil to Ihe count y If they desired lo ■>(> «0, and it was when lie had declined to do so, aOd no. heTore, thiit tlie KiliK slmuld hitve dlBliiissed hini, and hiouirlit In another Ad- mlulsira'lon, to try 111 »-\peilin-nl whether the people siippjrted the nevv oi- the old Ad- mlui.it ration." The writer further said : — "It appoare I as thoUL^h his niaiesty " (obane<' miijesty lo Mis Honor "had l>.;en mloled into the iincontititiitional oonise ol' takiiiK couuM'l ironi others wlllioiit the kQOwledge ol' his legitimate ii Ivlsers, and he ■wa-1 ah ml lo follow some kccret or Irrespon- •Ible couiisol In nnpoKition to their advice. IjOrd Altli ..-pe, whowaM of such linporlance la the kind's npluion as to w-irr;iut his re- nRtval fioiii the leadership of the Mou^e of Oniimons to the House ol Lords, mh Karl Hpen c#,on the duaihol'hls lather, niii;ht he snp- DQtcd to feel lliitlered by the deciarailon of liti HoverelKii : th>it his with>irawal fioin tbo Hou.se of Coniinons whn KUtlicieiil to b oak ftnaiiniliilslratioii He had niuue up his nmul nitVer inoie to enter ixdilles. and he never did 9(f,' Hut wliat did Lord Althorpe tay ? He lalued for huine Weeks at Allhu pe, In ke- cluiloii. Mild III. .illy made up hlx mind to iitkH nil iiiriher pal I In puhlio iiilitliH. Ilul In tbo cal/ii I f Ills M'llreiiient hu wa» |M'CiillMr- ly i|Ualilled to wel'h iIih inoiUuH whim hiid led In the dismissal of Ins IhIc col HMuiies, nnd the lonseiiuftiicoM Ml Ihiii tliMiiiissal, and his JuilKinint was nil- waveilni; nnd slern Hu siiuKcsle^ lo Mr. Iluiiie, Willi whom he had never anye>nl1< deuce, itlid very liileriiiltli nl puhlio uvmmk iiienl. Iliat an curly opporlunliy hIiouIiI Im taken 111 aseerlain whai the opinion of thn hew lloiikc iiM 'iiniiiions WHS III Ol Hie iiiimIh in which l.ord .Melli >liriie hud heeii dlsinl^Hed. In his view Ihe eoiidiici of William thH h'ouilh wits mil only reiireheiisllilc hul far lixt daiiuenius UK an exanple lo t'e suHered lu piuM unrepreiiei.dLd hy I'arli.tinciil." 'I'liat would he found in a letter d ded Janu> ary :Unl, iH.I.'i, tre||$naut with uieaninkf. The author wrote ; — "The seiisiitioii produced In London hy llie reporleil disinissai of the .Minlsiry was a iiainral couseijueiice of the suddelines.mif thu act as it presented its -if l dIsmisN ,\t 'iiisle s, hut It must he on i; rounds more capahle ol Ju-I itieallon to I'Mi'liameiit than tlu- simple e.\er(;ise of his jiers Hill will. Ihe sudeiinu.is of the resolve rendered an arrangement neeei-sar.v whieli could not he justilled hy any precedent, e.\ • cent on one iieca-.|oii ot I'ril leal » iiierK.-ucy In t le last da\ s of (.iuecii Anne. I liiil was when it hecaiiie 11 ijuesiloii whether a pri-tmidcr (a Stuart) should he raised to the throne or that tlie II iiioveriaii sucetssion should he maln- lainud." Lo me qnoto from a periodical then of •■onsiderahle more wei^'ht than it has now, viz., the K>ii,iiiryh litii w, on tliia HUhject, and I think the liouHe will a^rt^e with me (hat the sentenccH are prckiuant and tbe lau- guaf{e fortihl<\ The Edinburgh Knvuiv lutid : " Tne powerof the Crown to choose its Min- isters is eleiirl.v a necessary atiriluile of Ihe monarchy. l«Ui is it now exercl-ed under ade- i)Uate checks? Some liilri;;uinu courtier, .soiiiiM-lanioroiis friend who h.ts access to the royal ear, some politiidan whohaa a purpose lo" seive, and cares li lie if a new Ministr.v lasts no loiiL;er llian his own Ki°atiticalion re- i|uires, may ahus'j the loyal conlldencc, and lillndly hriiiK on an e.xperlinent all hiitdes- p-ral lorliolh kiiiK ainl countr.v. ofcliaiiK- in>{ till' .Minlsiry. k.v the sirlel lelter of ihe law. Ihe Minister who iicce|>iN oilice is res- ponslhle lor the chaniri.- which re'novcd his jiredecessoi's. liui suppose one Ml islry dis- placed, and that no one atiiees to take hi.s place; suppose this suspension ot viinislerlal funel ions colli iiiue for weeks, mIio is answer - utile lor that '.' Inded, if IIm Km.; has once dismissed I'ls ■> liil.-lers or he Is Icll wi hout a • .overiinieni, h iiciiy an.\ praclie;il r. sponsi- liilii.v could ever hj Incurred hy the men wlio oid.V tutered into places madj vacant long before they were cousulled." The liu^UHgu U8 d in tbin article is 8) strong tbat 1 do uoi care lu read it all, teat ilHbuuld 10 be BuppdHirt »hat 1 did U for party pnrpou^H, ur Willi the iiiteutinu of applyiDKitexpn-SHly to the circumHtttiJceg in (Jiitbec : — " If anyone tliliikM that the vlow here taki'n of the late crhaniro of Minislry Ih tooslroii);. let them retlfct on llie wholly unpreeeilentetl clrouniHtaiiceH whli-h disllnKulNhi:)! thHt NlraiiKe event. Between }lis Mj.jcstyanil hlN eonflilentlHl ser''antH theie existed nochlFer- «'nce of oplnioii upon any nubjuct <.f policy, foreUn or iloineMtle. This Ih now ex))ll('IHy adinltt<'U by the Tories theniHelveH. Among the MlnlKieiH reigned the muni perfect har- mony on all (lueKtloDN, anil personally the members of no C'al>l>iet ever were on more eordlul ti^rmsone with another. This, too, Is admitted, and the K i ng's speeeh describes thel • whoie policy as perfectly nnetceptional and uniform :y hueceshful. Lord iMiorjHi heciiine 11 l»eer, t'arilament was not sitting, and there- fore, and for no other reason whatever, as is now allowed by nil, the Kl-ig chiinged his Oovernmmt, called to his councils the monI opposite class of statesmen he could find, ';ave lilts confidence to tne men whom tho cou. 'ry most distrusted and disliked, and wouid not even Walt a few d^ys before he cleared out his House. That he had been wishing to chaiiiie the Ministry for some time Is very possible, but when his ro.vui father, said to be one of the ablest proiessional men of his day, want ed to make such chang.s, he always waited his opportunliy and seized ou some measure or ou some pretext, in some momeut when there was a cry ai{ninst i.ls servants, to de- liver them over into the people's hands, and appoint more popniar successors, men whom he liked, not certain y because of their popu- larity, but In spltoof It. It was this that, when Mr. Fox died. His .Majesty waited till a 'Xol'tipery' cry could be raised, and only turned out, the Wliig.'i six months after they had lost their iniKlity chief. The secret ad viisers of the present King have done much ••eiiainly to dispirit, and t'» alienate by ilieir late proceedings, but nothing to show that tdey are giittil with his royal parent's king- »-raft. They seem to think that a kii g should tuinoll'his .Mini-tters much as a geulleinan iloes ills livery servants." That IS the opinion of the Edinhiirtfk Review. I have said that no dismissal has taken place since that time. George the Tliini dismissed his Ministers in two instances; William the Fourth in oik^ instauee ; Ucoige the Fourth, with all his f.iults, never thougiit of such a thing. He fainted on one occasion ; he wept, he deplored his had fate in In iiig oliliged to submit to liis Administration on tlie Catliolic (picstion, but he yit;lded ; and Queen Victoiia lias in ih cise committed sulIi an ouinige on the constitution as to dismiss a Ministiy wliirii had the conlideiice of the representatives of the people. 'I'lie nearest approach to tliat in tin! (jueen's history is called the Hedchainlel I'li.t. In 18:^8, not two years alter slie ascerichd the throne, on the lesiguation of the Whig Adininistratrou, Sir Robert i'eel was sent foi, and he insisted thiit the Ladies id the Bedchainber, who were the wives of tlie defeated Ministers, should also retire. He did not interfere with the Maids of Honor and ottiers, but lie said it was unseemly ti at tin' great ladies of the (Joiirt should l>e the wives of the members of th tiefeated Administration; that the wife of the defeated Prime Minister, for iustancM*, should be at the ear of the Queen, coTiveying her busbanit's sentiments and the opinions of the Opposition. 'I'he tjueeu, then a young wo- I msn, naturally flung to the friends of her yoiitii, and she declined to have them re- moved. Sir Robert Peel declined to form an Administration unless they were removed. There was at the time great sympHthy with the Queen ; I remember it quite well. I re- member how it rang through the preBs in England about the attempt to forco upon Her Majesty, this you.ig lady, strange women^ instead of those slie respected and esteemed and had been brought up with. Bnt in 1R42, when the Qmeu had become a little more acqiiintcd with kingcraft, and knew her position, and when 8ir Robert Peel was called in again, she admitted that she was wrong, and allowed the Ladies of tlie Bed- chamber to be removed, and in the Life of the Prince Consort, in the previous book, you will find some leaves written by the Queen,, where she gracefully and frankly acknow- ledges Iha* she made a mistake. This is the only instance that has a remote resemblance tothiscise. It was the cause of the refusal to take cilice of Si.- Robert Peel, because the Queen insisted on her personal predelictions in opposition to the principle that even the entouiiige of the Sovereign should be selected under the advice of the responsible Ministers of the day. The only case that t.t all appears to give a justifKiation for the course taken in Queliec is that which happened the other day in South Africa: the action of Sir Bartle Frere, wiio dismissed a Ministry and sent for a new one. This is defended — faintly de- fended, perhaps, and if it proves to be on true ground, it will be upheld. The result will show whether he wilp be upheld or not. But his ju'titication is sdlux po/Dili Kii/ircma lex. It was a case where all coustitutional i>ractices must be set aside in the presence of a great danger. There were a few white men in the South African Colonies ; there were '200,000 Zulus threaten- ing them on one Hank, and the great body of the aborigines threatening the whole fron- tier, and Sir B-irtle Frere said : " I must take this course, or I may have upon my consiicuce the blood of ev'ry white man in South Africa " VVe know how fractious the Molteno tiovernnieuT has always shown itself That iioveriimeiit declined to give the con- trol fif tlie militia forie in South Africa to the commander-in-t bief. England had her mililMry for:.'cs there, and was responsible fjr the safety of these great and growing colo- nies. England saio : — " If we are lo tight your biitties. we must have the control ot your martial force. We cannot have a di- vided command ; we cannot have our Sir (» (irady Haly < ontrolh^d by (.'olonel I'owell, your Ai'jiitant-denerHl, we cannot have two separate and^ndependent forces acting under ditferent commanders, and without a com- mon responeibilify." This was defended, \ think, in tlie i>'n'iirl might be suspended in the presence- I 11 of Ihniitemd n-lu^llioa or ttrtain war On that (fniiiiKl, and on thnt pntiini) only, in It 'defended, and on thcHe only is it deten- ■ible. There can be no application of that 0»8e to the prewent, when) there is no war or expectation of war ; where there is no tear of external attack or internal commotion. Peace, thank 0'w.spaper in England, supported them l)ec!»Mse they hiid a majority in Ir'ailiament. 1 suid a little while ago that we must jiulge of the Britihh consti- tulion as it is now, at? it bus hfendevel >ped, and not ns it was 50 years ago, 75 years or 30 years iigo. Sir John Macdonai.o — I shall cull the at. tentiou (It the liouse to what I believe to hi- the true prititiples of th^^ liritish c'ms'itu- tlon on the point which lam j)iessiiig upon consideration of the House at this moment in 1878. I sbull tirst -r is a membir,when in the course of a con- versation on politico-economical matters with a gentleman who sat near me I said "I hav«» been ' very much struck with lome articles in the Fortnighili/ Kevitu- on the English constitution. It seems to me that they give the only true picture of the British constitution as it now exists. They are writ- ten by one Mr, B:gthot." He said, "1 am very glad you like them, because I am Bagehut." From that time an acquaintance grew up between us, which only ceased with his lamented death. Let mo now read from him : — " Tlio principle shows that the power of dis- missing a Uovernnietit with whieli I'arlia- nieut Is satlstied, and of dissolving; that f ar- Manient upon au appeal to Ilie people, i,s not »■ power wlileh a common hereditary monarch; will, In the lonsjt run, be able lieneflcially to exereihfi. Aecroidlntjly tliis power Iihs h1- nioHt, ir not <|Uit(!, diopped out of the reality ot our constitution. >oiliini;, perhaps, wouM more surprise tlie Knjjlish (.eopU' tliHii if tlm (iuoen, by ncouji d'eiai, and on e. sudden, de- strr).ved a Miuistry llrni in tlieir ull'-gianee- I iind .secure of a inajoiity in P»rliameiit. Tliat I i)c)wer indisputalil.v In Iheor.v belonss to her, I but it has passed so far !»w^y from tiie mluds I of men tliaf it would teriify liiem 1! she useU lit, like a voleanic eiuplion from Prlmro-e Hill. The last analo<;y to it is not one to be I eov(ded as a precedent In is:t5 V\'iiliam I\'. I disiTiissed an administration which thouKl.^ ; disorj{aiii/,ed liy tiie loss of lis leafier in the j (.'oininons, was an existiiia; (Joverninent, had a I'reniier in the li irds ready to go on, and u I lender In the Commons willins; to beijin. The I Kinij fanelfd tliat pulilie opinion was leaving I tiie Wliitjs and xoiinj overtotlie Tori-s, and lie thought «■ should ace<'lerate the transition by cjeetinfi the foriner. Hut tbe event snowect I that he niisjuiljied. His perception indeed i Wis ri^'ht ; llie ^!,ns;lisll people were wavering I in their allealanoe to the Wliis^s, wlio hud no ! leader lliat toMr it ; he fori ed on a premature Tory (Jovti luneiii. whii'h w^is as niisueeessiliil I as all wi^e pi'oplc pereei veil that It must be i Tlie popular distaste to IIh' Whi'zs was hs yet ! but incipient. ineif1<'lent, .iiid the intfivtuliou I of I be (."rown w I-. advantage lis toiheni, be- cause it look d iijeoii>isieiii willi tlu- liberties I of I he pt'opif. iuiil in so fa I- as Willi>im IV. was riiilil in delectin«; an Ine pient el)aii(?e ol I opinion, lie did bii! detect au erioneous I cliaiiize. Wliit was dcsii able was t he prolon- 'tratioiiof libciiil iiile J'lie eomiiieiielnif dis- ! salistaci ioii did but relate to the perscuial de- I merits ol the >v hisr lea 'er^ and other teiin-o- ; r.-iry adiuiicts of free iniiuiples, and a- t to ' those pniici|>les iiiti iiisieail> , so that the last precid'-nt lor a lovni oiisitinilr on a .Ministr.v eiidi d lliiis : in ojipusiii^ tlie li^lit in iiiclples, 111 rtidi sr tlie wroii:i pi iiiciplcs, in bnrii ^ the pa l.v it was meant to lieij". ifter such a wariiiiii;, it IS lllii-ly i lial our nionarelis will puisui- tne noli y whU-h a long cours" of quiet preeedentat pn's. nt ilirecis. Thi'y will leave a M iiii try t riisied l)y Pailiament to tlie judg- ment of rarllamciu. " And so ho winds up the whole of his dis- cussion on this subject by this pregnant phrase :— "The liueen ciiu hardl.v now refuse a de- feated Minister the chance ot a uiisolutlou.. 12 any niorfl tlian slie can dls^olvo in the lime of an uncli'fo'ilod one, and wutioiit his »roiintnl." Thirt quotatiou run been already nsicl in a •ipeech tnndu by Mr. C'haplcaii, wlio hid niudo R lou« quotation from BaK-liot, wbich I did not ro(;u, and In- g>ive jae the r< tVrence. Jt i.s a r.iilur Hinguliir Ihiug that it has never yet, until it was traus- lat(d by ilr. Chapb-au, or for Mr. Chap- lean in his 8pte( li, appeared in Eng- Jish. Biigehoi'H book at once took pub- lic aiitntion, and a French edi- tion waH piiblihhed ot it. It was published in 1872, 1 thiiik, iuiiut(iiately afo r a t)ook i»n the Biitish Constitution waa written by ^he late M. Prevost I'ar.idai, and m the French introduction to his liook, which oth* r- wiHe is a translatic)lvc in the Uiiic ol'aii iiiidel'eated one, and wuliont his eonsenl." (Tills is the (|nolation wineli only appeareil in Freneh, l)ut 1 shall read y>f\ the" translation.) " And no nionareli should <1 .s>olvi- I'ai liainenl against the will and ilnMiiieresi, of the viinis- fry which is in power Is'o doiiut the Kiim can dismiss siicii a .Ministry and repine • il hy another .Adniinistraiiun. wi ose advice todi.s ««oivo I'ariijinieiit he siiould take, bnl even with tliis prccaiieilon, to net ilius lo.vai tl.s a Ministry wlilch had a stri'ng niajorily in Par- liament, woiildln' lo strike a blow wiiieh il is ■ilmost Impossible to Svippose. We do not be- lieve til. it liueen Victoria hersell, In spiti' of trie popularity and respecl by which she is surroumled to, a greater extent perhaps ihan any of her i>redeeessors, would ever have re- eourse to such a nieHsure. What would he ihought If sliesliould venture torea.son thus?'' (Apply the ri!ason to liuebee, and you will at oncH see the pres^nancy of tlil.s passage )— ' 'I he Whigs are ill a ni;i,j(.rity in thee.xNling Par- liament, hut I think tlie country wouiu favor a Tory Adminlsirailon ; let ustherefoie dis- solve Parilamenl, and see whether theeouniry will not elect a I'arliament of opposite 'i>pinions to those which prevail in the i're.seni, Parliament.' What wuuld be thought of I Ills ? No Kngllsliinaii can dream even of a catastropiie of this nature, hut to tlieni It appears to heloig lo the phenomena of a world altonetlier dillereut from that which lie inhahiis. In practice in Kngland the Kiver. ign considers himself obliged to follow the advice of the Ministr.v which the House of rommor.K d<'sires to iiiainialn in power. All prerogatives at variance with tills principle have faben Into disuse, but, the Sovereign may accord to tie .Ministry the opportuiiiiy of seeuriiij;, ''.v an appi'al lOtiie jieople, a ni>i,t'>rity which is denied it In the tloii-.e of romuioiis, l)ut to strike from tie- Jiind. HO losptak, and stran^l'- b> means, of an appeal to the coiinlry h Ministry Mist.-ined hy J'arliamtut, v^ouid he an even, which no longer enters Into the caleu'atlou. althougli in former times instances of tUls occurred lu our annals " No stronger passage could be written, and it ( (iiild be written hy no stronger authority than by Mr. Bagehot. I read you, sir, a long passage as to the dillcrcncx' between the legal prerogative anos>ll)le lor the Soverejiii lo keep a vilnls- li-r in olllee when llie House of Comoions does not approve, and it makes 11 I'lmosl etiually imixosihie to remove from olliee a Minister when the Hou.se of Commons does approve." But, sir, we cannot do better ihan iiuote what has been quoted again and awain, an J I fi el that my remarks on this occasion would be imperfect unlt's.s I quoted an authority which we havo to-day adiuitttd to be an autlioiity, the au- thority of our respeetfil Governor General. Wh.itsdd the E.irl of Dulbrin, our Governor- General, at the time (in 1873) when he was at Halifax 7 — '• My only giiiilini; star in the conduct and niainic'iiaiice of my oflii'ial iilatious will; youi- 1)11 1) lie mi- 11 is llie I'a, liainenl of ranada. I belh'vc iij I'arliameiit, no matter which way it voles, and lo those men alone whom the de- liberate will OI the ( onfederate I'arltamenl of Canada may as.Niai) to ir.e as my respon^llile advisers call I give my confidence. Whether til y are heads of I lii.> party or of that party must lie a nialter of indiU'ereiice lo the Gover- nor-tieneral; »-o long a.s they are nialiit>iined is he liouiul toglvellieiii his unreserved confi- dence, to defer to thel.' advl e and lo loyally assist them with his eounsils .\s a reason- alile heiiiy; he cannot help having an opinion on file merits of dilferent policies, hut the.se eonsideiations are abstract and speculative, and devoid of practical ellect in his ollieial re- lations. As ttie head of a coiistitutlou-il State, as eiiKaned in the adiiiinlstratioo of parlia- mentary governmeiii, he (the tiovernor Gen- eral) has no political trieuds; still less can he have political enemies. The po.-session or the beliisi suspe(Med of such pos.sesslon would de- stroy his usofulufcss." But, sir, we have more than that in our own history : we have got the practical instruc tions given hy Her Majesty to Lord Elgin, at the time when Lord Elgin had before him tne dilHi ult question of the position of his Government in 1817. When hecanieoutto this country, what did he tiud ? He foiiud the two Canadas almost at a deadlock ; he found the Government of that day, of which I was a member — my first tintry into politics — supported by a majirity from Upper Cana- da, when all Lower Cauada was handed against it; he found that that Government was formed on what 1 must say was the unwholesome principle of one race against the other. He w is very anxious, for he was 13 Jot mixed up with qivsHonH o<.niu'ct' d with ILe foriiution of tlu! Guverumerit, and nil the ^iieHtionable prortuidinjrn of Lord Sydenham Ifiih it in carrying the ehictionw of 1841 — i Hon. Mr. Holtom — Thire wan Lord Met- Oalfe later. ' Sir JOHN — I am coming to Lord Metcalfe. |jord Elgin wa8 not mixed up in any way irith the pemnnnrl of the Government whi( h lord Mt tcalfe tried to keep up in Canada. Be •«me out here for the purpoce of carrvi»K ♦ut the principleH which they adopted in ISep- iember, 1841, but which had never, in fact, been worked thoroughly, either hy Lord Sydenham or by Lord Metcalfe, and he con- iulted Lis chief in the Colonial Department •H to his pohition at that time. You will titid i»hat the preHunt Lord Grey, an able Colonial Minister, did then, and sometime before, and lonR afterwards. Theae were the isHtrnctionR •hich Lord Grey then gave to Lord Klgin, •nd which Lord Elgin carried out : — " The object with which I recommerd to you |l>iK course is t ha of niiiklng it api)>ireiii thnl \x\y transfer wlileli iiiiiy lalte piaceof poli- Icul power from tlie liaiuls of one party in _tje Provinces to tliose of Hiiotlier, In tiie re.xalt >otofnnyuct of yours, bin liy ttie wl.siies oi tt>e peop e tlieniHelves, as isnown l)y ilie dltll- Culiy experienced by ilie retiring pany to 4Hrry on the novernment of tlie provinces tecoVdiug t> the form of the Constlluliou. To tliis I attaeli ureal Iniporlance. 1 litive $ieref"re to instruct, you to al)stiilit from piiu<»n tliul for liic<;ood ol Canada a new ,\dinliilstrallon slioii.d be lorm- •d, in wliicli llic l''r ncli ■ Ifuieiii ami llie Kiifr- nsli elenit-nt sliouid (-(iumI y, or ntarly imiiki' y predoinlim e, yet evt-n Iticii the iii-.iriiciions to Lord rlKin weiei ■' 1 have, Iln-ri'fore, lu Insinict. you lo abstain from cban-iliii; your Kxe(!iltivc IJoiiinil lliilil It sliuli become per- #Bcliy (riear llial tbey are unable, witu sncii Ifcir support Irom yoiir.se f asliicy have a riKlil. to expect, U)<-arry on the goveinmeiit. of ilie Srovinces satisfactorily, and to command tlie antiilence of Ilie l.e^lsialiire." These authorities arc, i think, sufH -ieni to prove the rase that in Hngland the power of diHmiasal of a Govi^rniucnt having tlie conti- (Jencu of Piirliam' tit is gone forever, and that if it is gone there, it ought never to be Introduced iu a colony under the Hritish Crown. But, sir, it you will look at the WinseB— if causes they can he called — why the AdmiuiKtration wns changed at Quehto, you will find that all the objec:tions are taken by the Chief of tlie Executive to the legisla- tion of his Ministers, and not to the adminis- trative acts of his Ministers, w^t to any tiling that they had (tone. It is true that he quotes to net of ad'iiinistrattou respecting the ap- j^intment of a coum illor in MoutuMgny. That does ni t appear, however, in the case Ihid before Parliiimeut, and we h>ive no right, fa one sense, to look at it or quote it at all, be- 4»UHU the case of, the Goverumeiit and his •dvisers must he governed by the paper laid before the Legislature of Quebec before its trorogation ; but for the purpose of illustra- iou I will take the only act he complains of ftt admiuiHtrutloii, and this was that this counc'llor was appointed by the Crown in- stead of being cIccikI by tlie p"()ple. The circumstances were that there was a real or supposed irregularity in the appointment. The Attorney. General report<'d that the ap- pointment was null and void, that the Crown by law had the power to fill up the vacancy. Filled it was, on the report of the Attoruey-General, and the Lieutenant-Oover- nor sanctioned it, but afterwards he thought that he was wrong, and he pressed that opin- ion. The AltotQcy-General still held to his opinion, but the First Minister yielded to the pressure brought upou them by tho Lieut>jnant-Governor, and they took hia opinion npon it, and the appointment was cancelled, and yet it was actually made » charge, apparently made u charge against the Administration, that they to»k a step on ad- vice of the Attorney-General., but afterwarils, on the head of the Executive remonstrating with them, in defereice to his opinion they took his advice. With that single exception, it 0( curs to me, from my recollection of the paper, that all the objections made to the course and action of the UeBoucherville Gov- ernment were that there was a diflerence of opinion as to the legislation which was car- ried in the Quebec Legislature. Now, sir, there is a distinct difference been acts of ad- ministration and acts of legislation, and that I think, will be obvious from the nature of the case, 'i'lie Soven igu is tlie chief ot the Kxerutive ; the t)rowri, with its advisers, is appointed to njiF^Ked, in the manner which 1 have aln-ady Uientioiied, bfcausi/ he would not hit;n the pletcd, cases not to lie repeated, liut lases to be held up as warnings, that Biitisii Legislatures and p<:o- jjle should never fall into committing the tiame inistakt! again. All tbe causes of (iisniit.sal and of fori ed rt signatiou were on matters ut admiuiotratiuu. Some geutluman has handul me (bin pupir: — " What of ^ Hdmund Mend's refus'«l of a dissolution| the lirown-Dorion (ioveinment?'' I am ti, bound to deft nd Sir Edmund Head, but Hj answer is this: — Sir I'.'iinuud Head, at t^ time he sent for Mr Biown, told Mr. Krei| be was going to charge bim with the foin. tion C'f a Government, but Mr. Brown nii understand that he must not suppose that, be did form a Government he would ha the right of dissolution as a matter , coursi: ; that after tbe (jovernment «, formed be would have reasons given for, and then he wi,uld jui!g>' tor himself. T Sovereign of tho day < an send for any pers, 1)0 like- and can charge that person with I formation of a Government, stating ou wt conditions lie could form it. lion. Mr. Mills — That is not consistti witn Uagebot. Sir JoH.v — I say it is. The Sovereign cj attach certain conditions to the power givj to a member to form a new Ministi^. T: only power the Crown can extfrcisi- personaj is that of attU' bing conditions to the po» to form a Government. Sovereigns h« again and again in English history given \f mission to form an Administration on certa teims. If the person did not choose to aci> tlie terms, tbe Sovereign must form an A, ministration and get the confidence of 1' liHinent. Mr Edmund Head in tliis caset. Mr. Brown that be mu>t not undeistand, lie accepted ottiee, that he was to get a dir lutiou as a matter of course, and that mi would lie grant <1 only after sullieieut rea.-^i to convince him as to its necessity were ;; en. Hon. Mr. Mackb.szik — He was workiuf,' accord with Parliament. Sir John — You say he was working iin cordanco with the majority of Parliamen I was arguing that mntiers of legislaii stood on (juite a diti'erent basis from ma-ti of alministration. As a general rule t Crown did not interfere in matters of adu, istration, Imt left these to Parliament, » the only instances in which tho contrary i been tbe case are those I have quoted, wl are precedents not to be followed, but wl are held up by all constitutional writei infringements on tbe true principles of British Constitution. Not only was ' held to b«! the case when Pitt took ell but a resolution was moved, in consequf of its havintc been rtjported through tbe co try that the King was against the Portl: and Fox coalition Government, and agiii the India bill, tiy Mr. Baker, on Decern tho nth, 1783, which, alter denounr seeret advice to tbe down agii responsi'olo Ministers, ankedat him and said ui'', " I don't think it is ueeessary." id, " Neither do 1, but the Lieutenant- vernor of the Province of Qiielieo thought as necessary that ho should be conBUltud Ht all MeasureH." on. Mr. Mackenzik — The ri^dit hon. gen- man is not now ijuotiug me quite correctly, ir John — 1 think ho Ion. Mr. Mackkszik — I thought the right IE. gentleman referred ti.i sonio tinaueial t of the scheme when 1 said it was not essary. I referred wholly to the uiiual otion for bills. ir .John — He thought of no financial use in It rii)uiiiug the previous uiiscut of oCthe Crown. iion. Mr. MACKKNZiK — Kvt ry bill the Min- irtry introduced Ims the assent of the Crown. tiirJoir.N — 1 liiive bc^eu a menilter of live ■r at the beginning of the session, as to what is contained in the Speech from thu Thron(r, all di-partmeutal bills were intro- duced without the sanction in any shape of His Excellency, lion, gentlemen opposite v.ill not deny that statement. Vet tho wholii cause of obj cfion to tho course taken by the Quebec Administration was becauso the LiiMit.-Governor did not agree with tho policy of the legislation, although that policy was passed and approved liy tho represenmtivoB of tho people by a large nytjority. The Lieut -Governor allowed liis Aliui.'itry to in- troduce their bills ; ho saw day after day the discussions in the House ; every diy received the Votes and Proceedings, imd in fact laid in wait for big Ministers. He allowed them to bring down the supply bill, and almost allowed them to carry tho Appropriation Act; he allowed them to carry throogh their bill respecting railways, and that respecting the doubling up of tho subsidies, and strange to say, the same bill for doubling up tho subsidies, which was one of the first causes given why they were dismissed, received tho royal assent of tho Lieutenant-Governor on tho advice of the su;;cessorsof the late Goveiumeut. That bill in no way increased tho burthens of tho people, tho subsidy having been voted years before Mr.Letellier was Li<.uteuant-(.ioveruor, and there being a provision that if a portion ot tiie huiisidy was not t:ikcn a'lvaniage of, it could bo applied to the beiielit of other railways. That was tho law before Mr. Letellier was Lieu'en:ini-Goveruor The act was merely carrying the law into force. Tho Lieutenant-Guveruorgavc as ono of his first reasons lor dismissing his Minis- ters that they had ptssi d the law without contultiiig him ; yet ii was by the advice of Ml. Joly that it was now the law. As aa hon. member utar me says, Mr. Joly was President of one of the roads, and voted for tho measure regarding which he advised tho Licuteuant-Govi rnor to dismiss Mr. De- Boucherville. Actually ho wi'o voted to support the measure, and was in ono sense interested in it, and was now responsible for the measure becoming law, was a party to tho dismissal of Mr. UcRuu.herville, because he had introduci d the bill and carried it through the Legislature, tie approves of the Act, but procures the dismissal of the man who obtained its adoption. The Stamp Act which was intro- duced last session was a very impor- tant one. Before the hon. Minister of lulanci Uevenue got his aniendmc-ut bill through the committee, he must not have known his own progeny. It wa.s like the gun which had a new lock, stock and barrel. Was the as.-;ent of the Governor-Gi^ieral obtained to •Ue J»iy,or to any ameUiinif-nts made on it? nwlj'ej, to»s(*oUi, th ; •l/i.utenaut-Govcriior ftf Ql'ie^eft jva^ .p);dvcj(^e and govern what the legislative polity (ft'tho people is to be ! lie, JlkolJilBiter.vhalitftj ki-k ambrosial locks, Sivee^UiJ ifo'd, i{ml rtft; legislatots have merely 16 bappun in England. The Queen known too Well what her duty is ; die k(.'epH a nliarp and wBtchlul rytt upon tho foreign polifv. No one can rca 1 the MimoirR of the I'rince UoDHort without feeling what a griat wo- man — great KtateHwomun, if there is flutb a word — Hho in, ami with how watf:hful aud patriotic a care Hi>e guard< d and ntudied and coDbidered the aHminiHtration of the nation But, as regardH tlie le^l^^ltiou of the nation, Hhe left th»t an it miuht to be left, to thtt people, through their reproBentatives. 8he was satiHtied with the old Rlldiog8< ale of the corn duties in the old corn law timcR ; she wag 8atiHfied with the fixed duty of 49 a «|uarter declared by Lord John KusRell, and with the free trade in corn dtclared by Sir Robert Peel ; Bht> was Ratistied with the ruh- taining of the KutahliHhed Church in Ireland, so lontf as her Ministers adviHed her ro to maintain it ; hhe whr satisfied with the dises- tablishment of her own Church, of which she was the head, as soon as the representatives of the people in I'arliament decreed it ; she received with like i(|!:!iriiniity a r«;forra bill from one (Juv n.nieiit or a nttroactive meas- ure from atiotber. She knows it has ceased to be a poiiiiMi ot the attriliutes of the Crown to possess any pi'w< r in legislation, and tne strongest jiroof of tli»t is that tho power of veto isgoiie, nnf a Sovereign. If any legislation carried on by a Ministry having a majority in Parliament — and, of course, they cannot carry it on without that — was opprm, at, least, It consldei- hliM as an estate cillhe real m, a separate. oo or illnale authority with ttie House of liOrds aui the House of Common 4. Toisand niucli ol.vr the Sovereign once was, hut this he Is no lo'i ger, 'J bat anthoiUy could only be exercisi. Jiy a monarch with a legislative veto. H. should be able to relet t bills, it not ari thi: House of Comiiious reJetMs tbem at least le the House tit' I'aers rt-Jeets tnern.. Hut tin. Queen has no such veto ; slie must ni^i h»- own tieath Whrrani It' the two Uoui-es unani- mously send it up to iier. Jt Is a llction oftbi- past t'> ascrilie to lier legislative power; sUi has lorg ceased to Intve any. " Npr ran the House of Lorda interfere effec. tutlly if tho Home of Commons declares iu favoi of the policy of the Government of the day. May says : — "Tiio responsibility of Ministers has been still further sin.plilled by the dominant power •t the (Jtunmiins. 'tlie Ltirils tiuiy sometime' thwart tlie Ministry, but they are powerie» to overthrow a Mi nisi ry supported by the L'tjminoMs, or to upholil a Ministry tho Com- mons have coiideinned. Insteati of maii.\ masters, tlie GoTermnent has tmly one, thu! Is the people, nor can it be saltl that master has been severe, exacting or capricious." Every Ministry is liable to make mistaken in appointments ; every Ministry is liable some, what from the mistakt s or errors, or the worse than errors, of their subordinates ; though they may not be responsible tor them, still they may be, to a certain degree, resptinsible in public opinion for having made a wrong choice, but uuiil they condouc the oilenee.until tht' As yet 1 do not know this, and therelore 1 will not say it. But it depends upon hon gentlemen — whether it he the head of » Librral Govirnmt nt upon whom the mantle of Kobert Baldwin ami others has fallen, or be the distiigiiished leatler of the Liberal party of the country, but I do not believe that that hon. gentleman will sacritice those great principles for the sake — it may be h warm hearted, it may be, a kindly, and perhaps, iu some respects, a politic act to do, lookioi; at the mere temporary advantage of an elec. tion, bm I do not lielieve that that hon. gen- tleman will turn his back upon those prin- ciples whii h he has so long professed, and winch have been the chief credit, the chief honor of his party. Mr. Speak( r, I move that resolution. (Immense cheering ) i, , • • I * »