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Les diagrammes suivants illustrent la mdthode. srrata to pelure, n a 3 32X 1 2 3 1 2 3 4 5 6 ^H "*' " ii j iiii ) ) iiiiii y » i i in m $ » m j f tf r„ , wV To Ihe Honorable the Knights, Citizens, and Burgesses, the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled, RIav it plkjlSE Youk Hoxoiiaklk Housk — WE His Majesty's diuiful and loyal suhjecls, the Commons of Lower Canada in Provin- cial Parliament ar^sembled. lespcctf.illy and wiiiiconfidence address Your Honorable House, |or the purpose of represeritini,' the numerous and ever increasi-ij^ evils under which the I eoi)le of this Province are lanonrinj,', in consefi'ience of (lef.'c'ts in its Laws and Con- stitution, and of the abusive, partial, nnconstitntional and violent manner in which the existing laws have becii an' continue to be administered. If i /other mctive than a sen o of justice, were necessary to induce your Honorahl.; House to listen favourably to the eom|)luints of a numerous [lortion of the subjects of this vust and i,Horious Empire: this Hc::sc :ui{,'ht insist upon the stron^' aflection'with which the leople whom it represents have always c!ierished the tie which unites them to (ireat Britain,— on the courage with which they have repeatedly defeniled its interests In time of war,— oit their refusal to accede to the appeal made t() ihem by the late English colonies on this continent, at tlie period which preceded the independence of the latter,— on the confidence which they have mauifeste(l in His Majesiv's Government, even under circumstances of the greatest difficulty, and under P'rovi'neial administrations which irampled under foot their dearest riglits,- and on the liberty with which they have welcomed as brethren, their fellow snlijects from the several par'ts of the United Ki'ngdom and its dependencies. This House might likewise insist, upon its earnest endeavours to tacilitate to that class of His Majesty's subjects (as far on it depended) a participation in the |)olitieal and natural advantagp-of the country, and to remove for them the ditHculties arising trom the vices of the Provincial admiiiistratiou,— on its eftbrts to advance the general prosperity of the conn'.-;-,, by securing the peace and content of all classes of its mhabitaijts without distinction, on ttie solid and durable basis -.f ideniitv of interests, and equal confidence in the protection of the Mother Country,- .^n its elVorts to introduce u'd firmly co establish in this Province the constitutional and i)arliamentary Law i.eccssary to the operations of the Government thereof, and of al! such portions of the public Law of England, as appears to it adajjted to promote the Welfare and safety of the jicople, and conformable to their wi-hes and their wants,— and on the anxiety it has shewn to preserve the strictest possible analogy between its proceedings anu those of Your Honorable House. But in the full conviction that the coiiMderalions thus alluded to will be fully a[)pre- ciatcd by Your Honorable House, we shall proceed to detail the facts and luinciples on which our Immblc prayer is founded : At a recent period the great majority of the people of this Province, complained by petitions signed by upwards of H7,00;) persons, of serious and numerous abuses which then i)revaihd ;— and their complaints being submitted to the consideration of the Parlia- ment of the liii!<'d Kingdom, were followed by a Keport made to Your Honorable House on the 18th July, 18^8, by a Committee of "which the pre.-ent principal Secretarv ot State for the Colonial Department as well as several others who are now members of His Majesty'.-, (iovernment formed part That re|)ort, Ihe result of extensive research and carehii deliberation, contained the fullowiiig very just conclusions :—lstly. " That the '• embarrassments and discontents which had 'long prevailed in (he Canadas, " had arisen from serious delects in the system of Laws and the constitution '^established in thojc Colonies —2dly. That tlie said embarrassments am! discontents " were in a great measure to be attributed to the manner in which the existing " system liiul been adndnistered.— 'Jdly. That neither the suggestions of Your Hou- " orable House, nor any other improvements in the Laws and Constitutions of the " Canadas would be attended wiih the desired effect, unless an impartial, conciliatory and *' constitutional system of Gove.-niuent were observed in these loyal and important «' Colonief." ' ' It m iK ^^^" It U with ilpcp rctrrct tl.at we now Mai.^ to Vonr Ilonorable House thut neither its u"e abJse' which then prevailed still exi.t without correction or nut.{,at.on. After havinc carefully reflected on this state of things, this House is convinced that the sotK^eSire'evTMie" if. the first of the causes pointe.! -'t -.y Jour Honora^ e House and is cduallv convinced that tlie most serious defect ui the Act ol the "''''y/J.''^ y'^"' \\ whicli Las no perniBiieut coiiimuiiily »t iulercil wjlli Uiiiii. The c.irec.u.1 rc„,e,ly for ll.fe evil »as fore.™ by yo„r H""»7,';'« "S^^'^i°b"e ;^:r;i^KSi^!::£o:£;^:is^:;.;= r ^r--^^^3BB^::^ dent of the Executive, and the other the lendenngit elective. Thi« House believes with the said Agent, that, ju.lsi..g from ext'crience there would he no^l^urity in the first of those means, while t e secom^ ^^.uM ^ ^^^ ^^^^ but with regar.l to the suggcM.on of he ^"' /J^.^',;' ' * ^u id utperty f.xe.l for the ,,ualificatien should be estabhshed "" > ./l' j f V ,^ . ' „. ' its 1 uu.ble ad.lress to His persons who might sit .n_ the saul Count I, t'r,.,''",\,,''\ ',,,., ;„ ,,,„i „,,„„er that persons who mig^it ^'V".!^ ^ ^ of Mar h H^ 'l^clared in what manner that ,„ost Gracious Majesty, dated the iOth ot [VI. ^^^^^^^ ,_^ ,^^^_^^^^^^^^ ^^ ,e.tiaining it within 1 ^'•■-aiSSt'lS^ certain bounds which ;h oul. ' . "':^; ^^„ ^j, .^ "Vii^.i.iiitv to the Legislative Council, nature an.l in consenting to i as a ^" ' "^ - , , • „^,^ ueen n.a.le a condition the possession ot rea property ^W.lch no tw ^/^ >;''''' ,.'',,,,,,. ,„„,,i,t to avoi.l shoeh- of eligibilUy to the House of Assembly, tli^o.sc^ud^ i„g received opinions m Lurope, ;\'; /";'';' ' ",., V 1 est political privileges ami advantages to birth, rank, and fortnue, ^^''''';_ ' ' 'V''' ' , ,,,,t long resist the preft- other advantages aforesaid. we ,.ro«,»re^re ., ,,o ,vi..l.,,o»l . ,.,,,,. '^^^^^Zl^l^:::!:^ '^^- tion of Canada, although m a JJts|).itth o ^ ^ y*; .. nre^tnt Session, His Ma)estv's ihis P SH^ 3 whether the ,.ieso.u Colonial Secretary or his' pre.leeessor,) unsei.sonul.iv aiul .no*t erroneous ya.M.nstImt the said Constitntion has eonferred on the two cI a las e Zf fuuons ol (Ireat Hntain ; nor do we rcjeet the principle ot extending Ue tt' of frequent eiect.ons ,m.d, further than it is at present earried ; hut we t nk th u thU system onght espee.ally ,o he extended to the Vefjislativc- Co, neil, alt kS i' av c he t.dls a Monareh.cal Government, or too analogous to the Ins.itntions uhich the «ev • •« bta es eou.posing he .ndustr ious, moral, and prosperous confederation otte I .te Sates have adopte.l tor themselves. VVedimr i,! lil^c nnnn.er for,n theU 1 gh biTc functionary when he says that an e.van.i,.,ti.,n of the composition oftle Si li e Conne.1 at the period when it was so justly eensure.l hy the Com:„ittee o your 1^0^10. House and at the present time, will suHieiently show the spirit in which llis M rostv's Govnnment has endeavoured to carry the wishes of IV.rlia'ment into »tt althoS We received with grat.tu.le tins assurance of the just and benevolent intentions w 1. w id, ihc^i^wS'^S'^La. '"'• '"'^'"' ^'^^^'^'^ ^^"^'""'-"' i-s endeavored tot r!;; Your rionorable House can, doubtless, never deem it ri»rht, thai under M.e name of r, I eg.slat.ve Council, an Aristoc.acy should be imposed on a Co, nfrv whci emit ins ,o nu ural materials for its format on ; and will rathe.' as we vent„.-e to-hope. be ofo i io," tna the Parliament of tiie United Kingdom in granting to His MajestvM Qm, n subjects the power of revising tiie Constitution under whieli they hold thS lare S would adopt a libera pohcy, free from all considerations of former interests an U tVi li prejudices; and that by this measure, equally consistent with the wisest and the nosi extended views, it would enter into a noble Rivalry with the United States of Amero vou d prevent His Majesty's Canadian subjects, fro.n seeing any thing to enw the e m I would preserve a friendly intereou,se between Great Britain and this Province as' her Colony so long as the tie between us shall continue, and as her ally wlieneve the cour'i of events shall change our relative position. We emit these opinions with tic- LMea[er couhdeiicc, because they are stated to have been emitted among other re n rks^ , the samespirit, by the Right Honorable li.hvard GrofTiey Stanlev now His Maiesti"' PH. in.l Wtary of State for the Colonial Department, an.l'by several othe .lil^ JuiM, 1 ubi'c me some of whom are among the number of His Majesty's present M inisters, , woe orswedo but echo, when we assert that the Legislative Council of this Pi'c^vce his ever been any thing but an impot. :t screen between the Governor and the People «h.e 1 by enabling the one to maintain a conflict with the othe; has serve.l to per .etm te s y em o discord a.., eonte.ition ; and that it lias unceasingly ,,cted with avowed osy to the sentiments of the people as constitutionally ex|.ressed by the House of Assembly. The conduct of the Legislative Council since its presenied reform, which was held pas one adapted to unite it more closely with the interests o : the Colon'v m confoi mity o iR wishes o Parhament, shows clearly, tlmt the opinions ih< n entertained on thssSt n he United Kingdom, and ,n this Province, are in no wise rendered lessaScablfo less correct by the present comnosition of thai body, which, strengthened byTm"iori^v ..mnical to the rights of th,s House and of the people whom it represents, has recei3 new and more powerful means than It before possessed of perpetuating and ac,g,rv™ the systernof abuses of which the people of this Province hlwe, up .o%bis daf itXfua llv complained, and w iich up to this day Parliament and His' Majesty's G^ovemment in Lnglandhave in like manner ineffeciually sought to correct. It is Iven since its nre" ended iJeform that the Legislative Council has, in a manner more calc "la ed.o alarm he Inhabitants o tins Province, and more particularly in its Addresses te His Majesty Tf efmof April, one thousand eight hundred and thirty-thiee, renewed iumeL. on o being specially appointed to protect one portion of His Majesty's subjects in ihis Province, as s.ipposing them to have interests which could nol be sufBcientv repiesented in this House, seven-eighths of the Members of which are by he "S Council most erroneously stated to be of French origin and to speak the Frenc language. A pretension ot this nature is a violation of the^Constitntion, and cannot faluo excite and perpetuate among the several classes of the inhabitants of thi, ' Province natona" dis inct.ons, distrust and animosity, and to give to one portion of the peopleT, tiliju" and Th «,';:„:;!;':.'." ;r' r' ;'"■ """' ^ ■",'■ •'" '"'"."^ ^lo-mnation and ^undue p eSe!- llii, attempt ol the Leg,slH,,ve Council, as one of its first acts after its pretended reform to preju.iiee and irriuue His Majesty's (Jovermnent, against the People o this Kovince !nd against the Rep.oscntutive I ranch of its Legislature, has destroyed all the hope which einaied among th.e people and in (hii House, of seeing the said Council act for the pl.blic goodrsoTng as *^ :&^«li^ as ii sliall remain cnnstiliileil as it now \a ; all are, on ilic contrary, i.ui:natoIy persmulca tliiit the cxtenBion of liie eleciive principle lo that body is ihe onlv incnsure winch all.irils any prospect of equal anil suflicient protection in folnre to all the inlmbiiaiiis uf chis I'rovincr, without ilisiinciion. It in nfier liavinj; well considored llie Ui-spatches ol lln Majeniy » Secretary for the ('olonial Departinfiii, and on the eve of a (Jtrnoral lileclion, that tin* House iunv soleinniv repeals and renews its pniyer, that the Li-i^islature of ihe United Kingdom will comply with the wishes of the people of tin* Province and of thin .lounc, iimrwid dei.rn to provide the onlyclTectual remedy for all evils pies-nt and t.imi.-, either by icndeiing the Lejiislaiive Council elective, in the manner mentioned in the address ot (his lloiV^e to His Most (Jiacious Mnjesty, of the twentieth of M:iridi one thousand eijrhl liundred and thirty-three, or by eiiablini,' the peop'e t.. express still more directly, their ..pinions as- (o the measures to bo adopled in iluu behalf, and with regard to such other inodificaiioiis of the syst.-in of Laws and of the Constitution as the wanis of the people and the iniciesis of II is' Majesty's Governinenl may leiuire. ■ We must express our re<»ret that the accomplishment of the wishes of Parliament, was left to tlie Principal A-nMU^of His Majesty's Government in this Province, the present Governor in Chief, in whose power it lay, more th,.n in that <-f any of his predecessors, (by reason of the latitude allowed him, as to the number and choice of the peiPons whom he mndit call to the Leyislative Council,) to allay, for a time at least, the intestine divisions winch rend this Colony, and to jrive to the said JJody a character of greater independence and respectability by judicious nominations. The selections which have been made have destroyed this hopeand have confirmed His Majesty's subjects in their opinion as to thepniiciple upoi. which that body is constituted —Alihounh sixteen persons have been called t(. (he Council in two years, (a number greater than that afforded by any period of ten years under any other Administration,) and notwilhsiandin^T the instructions which the Governor in Chief may have leceived from His Majesty's GoVcrninent, the same mali{,m influence which has been exerted to perpetuate in the'Country a system of absolute irresponsibility, had prevaikd lo such an extent as to render the majority of the Leirislative Council more inimical to the Country and less connected with its interests, than at any fbrmer period. 80 Wvn its present comnosilion, instead of being calculated to brinfr about that co-operation between the two branches of the Provincial Lefrislature, which is so necessary to the welfare oftlie Country, is such as to destroy all hope that the said Council will adopt the opinions and ihe sentiments of the people of this Province and of this House, with regard to inalienable right of the latter to the full and entire control of the whole Revenue raised in the Province ; with legari to the nec'.ssiiy under which this House has found itself (fbr the purpose o ellecting the lefor- matioi. of existing abuses which it has so long inetlectually demanded) to ).rov,dB for the expenses of the Civil (lovemment by annual Hppropriations only ; as well as witl. regard to a vaiieiy of ..il.er questions of p-.iblic interest, concerning which the Lxecutive Government and the" Legislative Council which it has created, dilVer diametrically from the people c)f this Province ami IV.)m this House. This f.ict confirms the justice of the censuie passed by the Committee of your Honorable House ..n the Constitution of the Legislaliye Council us it had theiciofo/e existed, and the conectness of the opinion of those Members of the said Committee who wished to introiluce the principle of election into the said body. This vicious system which has been so caiefullv maintained, is as contrary to the wishes of Parliament, as tliat would have been, which in order lo lesisi the wishes of your ! onorable House and of the people of llt.ghind tor Pailuuueniary lieloim, should bavi' lallcd into tlie House of Lords a number of men noloiious lor their laclious opposuion lo thai great measure. In fact, ihe mii|oriiy oftlie said Council is composed ot m^'ii woo have irrelrieva- l)lv lost the conlidence of the Country, by encouraging the acts ot violence committed under !he Admini-tialion of Lord Dalhousie ;— by luuing on all occasions outraged the people and their Kepresenialives ;— of men who maybe said lo have been unknown in the Couniiy until witlini the last few years, without landed properly, or having very liiilu ; most of them have never been relurMid lo the Assembly, an>l some of them having even been I'efused by llie people ;— of men moreover who have never given any (-.roots their hliiess tor performiiH' the funciions of Legislators, and who weio only appointed by reasoii ol llie.i- communuv of seniinieuis with the Provincial Administiaiion, to a station in which they have the powei-'of exerling for lile, an influence over the Legislation and over the late of this Province, the Laws and Institutions of which have ever been the objects of their t islike. 1 he recently appoinied Councillors, who were laken Iroin the majority of the Assembly, and tiad entertained the hope that a suflicient number of independent men, holding opinions in unison with those oftlie mujoiily of the people, ,uui of their KepieseMtaiives, would be associ.ted with them, have thus been overwhelmed by a majority hostile lo the Country. 1 he i The result 1 ! legislative ' nients of tli together fitr and ot govei This House of His Muje i be that mer '■ to about ha rests and wi speak the I'" their ailopti leinl.iicyof lot mer, to ii ihe improve resisted the schemes of all willioul ersnntlc.t that 'li itirinib any ihis I'roviiiti', lljj Majesty's ion, tliut tlii« the IJniit'il r llli:i iloUHC, lire, either by he uddii'ss of loiisiinil ei^hi liri-cily, tlicir to such other of the |)t'oi)le irliameiil, was e, the present Jecessora, (by if their iillow subjects who aie oll'Vench oiigiii and speak the l''rinch language ; the one chiss love ilie Country of their birth, the oilier that (>l tiieir adoption ; the greater portion oftlin latter liave ueknowledged the geneinlly beiielicial lend, ncy of the l/iws and insliiutioiis of the Country, and have laboured in concert with the I'oimi'r, to introduce into them gradually, and by the authority of the I'lovincial i'.uhainent, the improvements of which lliey have I'roui time to liiue apfte.ired susceptible, and have resisieil the endeavours which has been made so introduce coul'usicm into tlu'iii in favor ol selieiiies of monopoly and abuse, ai.d wish for an imparual and protecting (lovernineiit lor all willioul distinciujii. Among the Councillors iippoinled under the preseni i'rovincial administration, there iiic, (ill manile-t viohilion of the Constitution) many persons who were born in the I nited Stales, or are natives of oilier foreign Countries, aiul who al the time of their ap- poinliiient had not been iiatiiialized by Acts of the Hiilish I'ariiameiit ; The residence of one ol these persons (Horatio (lates) in this Country during the last \V,ir with the United Stales was only tc/crnh'd. ; he refused at that time lo lake the oath of allegiance and to lake up arms lor lln' delence o( the Coinliy, in whicli he reiniiined merely for the s.dic ol' liicie; and afler these pn vious fads, took his seal in the Legislative Council (ui the IGlh of Mauli, Ih.'J.'J, and (iiieeii days afierwards, lo wit, on the Isl of April, voted lor ihe Address heloie menlioned, censuring those who during ihe last War weie und-r ariun on the frontieis, lo repulse llie aiiaeUs of the American Armies aiul on the (ellow citizens of the siiiil Horatio dales. .Viuiiher, (.lames Haxler,) was resident during the said late \Var, within the United States, and was bound by the Laws of the country of his birih, under certain circuuisiauces, forcibly to invade this I'lovlnce, lo pursue, destroy and capture // /w,s.v/7>/c His Miijfsiv's .Armies, and such of ills Canadian ^'ubjccts as were in arms on the frontiers lo repnlst iheailacks of the American Armies, und of the fellow citizens of the said James Haxier, who, (being at ilie same time but sligluly ipialilied as firr as (iroperly is concerned) became 1)V the nominalion of the (lovernor in Chief', a Legislator ti>r life in Jjower Canada, on ihe '■>'-2A of .March, IS.'JJ, and eight days alieiwaiils, on the lirsL of April aforesaid, voted that every Address wliith cnntaiiie I the calumnious and insulling accua.i- tion which called for the expression of His Majesty's just regrel '• that any wortl had been " inliodiiced which should have ihe ajipearaiice ot asci il)iiig lo a class of ILs .'subjects of " one origin, views at variance willi the allegiance which they owe lo His Majesty." The said A (lib ess voied unanimously on the first of .\piil, one iliiusand eight luindred and iliMiy three afori id, bv die Legislmive Council alier us preteiuli'il reloiiii, was so voted by seven Couiiciliors under the influence of ihe present Executive, and by live others appointed by it, one only of those who voted it (the llimorable Cieorge MoH'atI,) having been a|, Peter ill nC wliuin, an country ; and AHHetnbly ami it liad not bRL'ii to |iiM't'(>rin till , Cuiiillunl, till! (irt'ss, unit wild liail never l)et'n bi't'ore liiu miil ( II piiliry Hint reiiMDii to look s Province, ilu; iniqiiiiuug unit f'utiiie, havini{ calutn- exercise of tin; cots boili Civil urt of a corrupt People : — Willi it, Imvo never ' of ilic Execu- tive Council ill •■ criminal and iM-t, tbat if till' his House — tin- ny with bluod. iieinbers of tin- 1 liiivp seconded -will) appiovL'd icil I he drti'iiiN;) I niij/lil be len- L' monopoly of the wishcj iiiu! :entiitives, uiiil e III propoilion II lire to i^ovirn s Country, will vhith would be Adniinistrailiiii • minority wiiis md froingivinj; lliy. The s;ii(i ceived aa to ilie )st part re (rain ves opjioied by d does not \vi->!i illp^aiioiis thus ainteil with the olerance of liie le self praise ot ig them, into a y ii coiiipelent d tor a time by I the rights and ipaliently bear, o Mis Majesty's [just which hiive excited by the niajoiily majoriiy of the public funclionnriea of the Colony, combined as a fiiction, and induced bv interest alone '.o contend for ilie support uf a corrupt Cioveriuncnt, inimical to the righlH and apposed to tliu ivi^heH of (he I'eople, In addition to its wicked and calumnious address, the Legislntivc Council, after its protenHeil reli>rin, has proved how little coininimity of interest it has with the Colony, by the fact, that nearly one tialfoi the bills whitli have been sent up to it, have been trjecttd, or ametuifd in a manner contrary to their spirit and essence; and the same iinanimitv v^bicli attended the passing of the !;reater part of the said liills in the Assembly accompanied their rejection by the liegislative Council. An opposition so violent shows clearly that the I'rovinciiil Uxecutivo and the Council of its choice, do not, or will not, consider tiic P.epre- senlaiive Body as the liiithful interpreter ami equitable judge of the wants and wishes of the peopit, nor as fit to propose Law« conformable to the public will. Under such cir- ciimsiances it iK'canie the duty of the head of the lilxecutive to appeal to the people by dissolving the Parliament, liad there been any analogy b'gaid to which we beg leave to represent to your Honorable Mouse, llut the neighbouring States have a form of (iovernmeni very fit to prevent abuiies of power, and very ellcciive in repressing ilioin ; that the reverse of this order of things has always pievailed in Canada under thejiresent form of (iovernment ; that there exists in the neighbouring States a stronger and more general aitachmeni to the national institutions than III iiiiv other country ; and that (here exists also in those States a guarantee for the toniiniial advaiivu of their |)olitical institutions towards perfection, in the revision of the same at short and deterinmate intervals by conventions of the neople, in order that they may without any shock or violence he adajited to the actual state of tilings. It was in consei)ueiice of a correct idea of the slate of the ('oiintry and of society generally in America, that the Coiiiinillee ot'your HoiiniHtiie House asked John Neilson, Lscpiire, the agent of the people betiiieiiiemioned, wlu'iliiM llieie was not in the Canadas a growing inclination to sec the insiiiiitions become nioienn.l more popiiUr, and whether he did noriliink it would be wise, that the object ofevery change made in the institutioiis of the Province, hIiouIcI be to comply more and more wiili the wishes of the people, and to reiuler the said institutions lixtreniely popular; And this Mouse for and in ihe name of ilie peo|ile whom it represents, answers ^oh'(nllly and deliberately, — " Yes, it would be wise — it would be excellent." U'e hninbly believe, may it please your Honorable ITonse, that the Constitution p.nd the t'orm 'it (iovernment which would best suit this Colony, are not to b ''•■' ^lely 111 ilieiuudogles oU'ered by the iiintili'iions of (Jreat Uritain, where the ' y is altogether dilfereiit from our own ; and that it would bo wiser to irolit • 'on to lie gained by observing the etlects of the very various ConsiitiUions wh „( Paiiiament of England have granted to the several Plantations and Col"">' the way in which virtuous and enlightened men have modified them with t. parties inieresied. The unanimous consent with which all the American Stati and extended the elective system, shews that it is attained to the wishes, inannei. t-tate of this continent. This system prevails equally among those ot Spanish oii„ , ulthoiigh during the continuance uf their Colonial Stale they were subjected to the yoke ot' ignorance and absolutism. We ilo not hesitate to ask from a Prince of the House of Brunswick and a Ueformed Parliiimeni, all the freedom and political powers which the Princes of the House of Stuart and their Parliaments granted to the most favored of the I'lantations, formed at a period when such grants must have been less favorably regariled than they would novv be. We di, this with so much the more confidence, because it was not the best an;l most free systems of Colonial (iovernment which hastened the independence of the old Colonies ; since the Province of New York in which the institutions were most mon;Mchical, in the sense which that word appears tc bear in the Despatch before mentioned, was the first to refuse obeilieiice to an act ot Parliament, and the Colonies of Connecticut and liliode Island, which though closely anil atfectionately connected with the Mother Country for a long tour.ie ol years, enjoyed Constitutions purely tlemocratic, were the last to enter into a confe- deration rendered necessary by the conduct of bad Servants ot the Cro\^n, who called in the ^ ilio mipirmp niillio'-'ty (.f ilio I'liiliamfiii nnd (ifilu- roiisiimiidn logovfiii nibiii.inl ., iiui! nlio lis-iciii'il lailicr ii> the ( iDvcnuiiit iiiiil llnii iiilviHi'is iliiiii lo ilu' |ii',i|i'i> iiinl (|,«ii Itf|)i'i'sciiialivi't4, iiiul -liit'Utt'il Willi ilii'ii' inotci iti iluiKi- will) loii'-iiiiK'il iIil> i' ixi- ri^inii lllllll lIlllHO »ll(l piUil lIu'lM, 'rill>4 llollM', lIlCII, l'llllMIIIIII> no lt',11' tilhclixr |:|Xt.,| xMll, |>|.. Iiiyiilly i'lT Imviiif; t'liilfiivdii'd lo iiiliiicliiii' into tin- iii>'iniiii)iis iil' iIiih Coiiiiliv, \\liiiirt llidiii' ot ilif nnj^libouiin^' Sial« H ollt'iid ili:ii wii- ynoil iind ii|)|ili('iil)|i', mir, iiioit' i-iici mil' Cor liavin;^ iliiiiii;» many ycaiH |ias!.fil a IMI («liii.li Ihh a( lii^c liciuiiic a liiiw,) Ibiiiidi"! i. lliL' |)riin.i|ilc ol inoporiioiiini; aiiilnnclKdHy ilir miinlitr nt i{i'prt'>i!t tn ilu' (loiiiilii. tion olili'.' pliuiM io|irthiMili'il ; and if liy iinliM|i|>y ciiinnistniKcN it lias Iccn ttjinpij'cl i nssfiu toaaiindmi'nis which viliIiUl' that piiiiiiiiii', titis is an act ol mjiiMRi' (^jt wIikIm- diiiy obliye^t ii to seek a icnicdy. While wo thus pray I hut (ho piincipK- nf l'',lt'cii()i» may ho M|ipliri| lo iiii. |,f rjsjutivo Council, ai d till- the ucni'i.il oxH'iHion nt' iliat piiniipli', we hm' IkhhuI id pi,.ic.i Hi>iiin-i till, nlii'iaiion in ilu- CDiiriiiiuiiiinil act ot ilio ;>Ut yoar ol the roiyn id ( icjiu'i' iIim TIiimI, ciiapli T tli'ily-Diii', li)iiiidL'd on ihi' lal-'- rfjiu-ii'iilatiims ot' iho Lc^^irjalive ('>[' ijic ri"|ii., hbiTlii'S and Wi'Uiiif of dio pioplf of lliis I'loviino. \Vf lirlii'Vi'. llial (hi- l.cni-ialivi' (,'oini( il. .1 hody winch lias so Ion;; hron hiionfilv ahii-cd hy the people .f iliis I'lovince, and ju,ll\ censined hy liie Conimillee (d Your llon.)ial)le House, and which repiei*enis merilvihi' opinions ol a few mdiviiluaU, is net an audioiiiy compelent to demand hiich ulteration's t liuit t'.o s^aid act cannot he and oiiejit not lo he ulieied except at such lime ami in sndi manner as may he by the People ot this I'lovince, whose Heiitimeiiis tins House is alone eoin- pelcnl to repieseni : and hat no inteili'rence (;ii the part of ilie lli ili^h l,ei>islaliiie wiih the Laws and Con-titntion of ihi^ Province, wlncii sh Mihi nol he founded on the wishe- ol ilu- People freely evpiesseil either throiifi;li tlii»i House or in any other (onitilutional inaiinnr, coidd 01 any wise lend to settle any of ihe d llicidlies which exist in ilns Province liiii on the conlruiy, would only a^'i;r;ivate and preloii^j iheir coiuiniumce. In the midst of iho disorih is and sunerin^s which the connlry has so loni; endured this House and the Pi'ople had cherished llii' hope and protes^eil llieir (iiiih tliat l|i. Majesty's Cjovernmeni in "vinlaiul ilid not kno\vui;;ly iiarlicipale in the p.iliiical immorahiv of us Colonial A^'ents and Ollicers. It ii with .isioni-innent am! ^rrief tliit ih.ev have ^eeii ill the extracts from l)e-palches (rom the Colonml DepaiiiiienI coinniiinicaled to iliis House by ihe (lovernor in Chiet, dunn^ the present Session, thai one at least of the Meinbeis ol His Majesty's (ioveniniciit eiuertmns towards them helini{s of prejudice and animosiiy imd inclines to t'avor plins of opiMession and reveiiLji', ill adapied lo chaiif^e a sy..,|eiii of atjiises, the coMlinnance of which woulii alto^ilher disci nia;;e the P(?ople, eMiiii^uisi'i in them the le;^i!iiliale hope ol hap])ine.-s which, as Hi iiish Siiltjecis they eriieriained, and woiiWI leave ihem only the hud alierniiiive ol suhininiii'^ lo an ignominious buiulane or ul seem.;' those lies (Muhini;ered which iiiiile iheiii lo the MoiIum ('(Miiiliy. The approlKiiion exrre.sed by the Colonial I)i'|>artiiieiii of the present coiiipn-ition ol ilu; Lej^ishuive Coiiiuil, tvlioso acts since its pieieiided ivIoiMi have been maiked l)y pa;lv :'piril i:iid by invulioiis naiionul disiinclions and pu fi iriices, is a suhjeci of jiisi ii'i.ii ,11 m I lis Majesty's Canailian subjects in ijeiieral, and more pailicnlai Iv lo ilu' ^lea' maioritv of ihem, who have not yieUhvl m any time lo any oilier das., ol the nihalniani- oi ili,, I'lovincc 111 attiichineni to His .Miijesiy's (joveinmeiil, in iheir love of peace and older, 111 uspect for the laws, and in llieir wish 10 elfect that union amon;; the whole peonli' which is so much to be desired, lo the end iii.it all may enjoy freely ami eipuilly ihe iimIh, ;i;i,| iiilv,inla:;e.-) of Hrilish hul'jcis and of ihe Insliiiitioiis wliich have bei>a i;ii:iianteed lo and aie de.ir 10 i\n- • 'nintry. I'lie di-linctioiis loiil piefennces aforesaid, have i.lmost con-iitiiily lii'cii n-ed iiiid taken advaiilatfe of hy the Colonial .Vibiiinislrations ol lliis Province, luul ilw m.iiuiiiv ol' ih,. iii'fiislalive Coiincillois, Kxeculive Councillors, .ludiies iiiul oilier funeiloliai les depi'iiileiu upon iheiii to serve iheir own ends ; and nothiny but the spirit id'niiicui iimiui;; llie seveud cias>es (d the peoplf ai.il llie'r coiiviclioii llial lluir inleresis aie the siiiiie, could prevent collisions incoinpalible willi ihe pros)ieiily and siilely oi ilk- pn;viiice. ■^'our Honorable House cannot fill tr observe lli.u the political world 111 Ilurope is at l!iis mom. '11111^: lal eil by iwoereat [laiiies. who indilTetenl co 11 nines appear iuhLi I lie several names ot Serviles, loyalists, 'roije.s and Consvivativ, son the one side, iuid it" labends, C'ou- -liluliomdisis, Uepubbcans, Whigs, ({eionners. "oidicals and siiml.ir appellations on ihe • uher: — tliat the former parly is, t -. i||l- Aineiic' i cotuiuent, without any Wriniit or inliu- eiicc except what il derives from Us I'jiuopcaii suppoiiers, and Iron n inllin» numbi'r ul' iiibilriii;; .. ,11. ' Mfi'i' Hint Ham lie i':l\l- l",i; I nvt'il MJili ii.'- UllllV, » llilht IIIKU' «>|H'< mil' w,) I'oii.idt'i I. It til tilt" (l(llllll • ■ I'll C'(JIII|l<'l'i-.| I U (ijl- Wllkli I - lllC Lc^'i-lilllVr piilr-t Hi>iiin-l JiU'i* lliH Tliiiil, t! Coiiiicil, iimI i>\' lli(f iit;lii-, ■liilivi- Coillllll. Iff, iinil jiiillv 'III* iiii'ii ly ilii' I ullti'iitioii'. : — III' Hll(l ill sihIi ■if is iildlir 11)111- lilllllC Willi llll' tf WIsIlL"- (ll lIlc (idiiiil iniiiinn, vmcc, 1)1)1, (,ii loMiT ciuldiid liiiili tiiul III, Llll iiiiiii(ir,iiiiv liey Imve neeii I to llll!. IIdum. K- .Mi'inlii'is (i| iiniiii(i',|ly iiliii li'in i.r uljime.-. ii III liu'iii ihf II WDiilil leave I M'Oiii .;■ llm-r .'umini-ilMii (iT ikcd liy |iii;iv jil?l ;jl.ii ,11 III ;t' miiidrity of ill..-, I'lOVIIlCl' III itsjic'cl Tor l-i Sl> IIIIK'll ll) iiilviinlii^ic.i (4 I' iK'iir ID ilio ii'i'ii iisihI aiul ii.m(nlien hy ni.y iiiiin.'ioiiH cla.f»iiouy Thi. Hoiijie and the people whom it repreirnt,. do not wi.li or intend to convey any hreat ; but relying «, th.y do on the principle* of Law and JiiMice, they are and oiifiht to be pohmally sironji encMigh not to be e^po.ed to receiv. i„H,.lt from any man wh.m .oever or bound lojMiller it in nilence. Thi« Floi.»e, ihen, c.nnot refiam fioii, i.iati,r tl t the «lyk o» .he D«p,,ch«. from ,l« Coloni.l Seceta.y ., cornmunicote,: toilial o e dun™ the prewnl JSeMton i» in^iili.ng and incon.ideiate to ii.-h a de^ireo i'-,t no !e,r«||v cohjlituied bwly al.hojigh it. f.mctionn were infn.'U'ly mibordmat? to tW of leui^laiion could or oosht .0 tolevaie ihem ;-tlml no similar example can be found even the De ^ paichM of thoie o« ,ii» predecBsorn in office mom favorable to the rights of the Colonies — that the tenor of .lie w,* Hwpatches i, incompatible with the .ights and privilege, of I'hia Hou.e which ought not to be called in qu..'«iion or deHiml by any functionary ho weveJ exalted, but which ought an occa.ion may require, to be successively promulgated and enforced by th,. Ho««. Tins is a sul.^ ct so familiar to Your Honorable' Hous?, und "o closely connected with it. own rights and p.ivilege, that Your Honorable House cannot bui regret with tis, that His Majesty should have been, as it appears by one of the said Des- patches that hi' hux been, advised to interfere In a case of this nature. In the instance here re(err«l to we exemHed a privilege solemnly established by Your Honorable House, before the nrir.r Mle upon which it is founded became the f,aw of the Land ; und this privilege which we have u verted in our Resolutions of the fifieemh of February, one thousand eight luinde and thiriy-c ne, is necessary to the .nde,)endenc. , the House and to the freedom of it, voul and procee.1 iigs. We believe the said Uesolulions to be conilitutional and well founded and supported by the example of Your Honorable House. We have repeatedly pa ,ed Bills for givi.g effect lo the said principle, but ti.ey have faiUd to become Law^ Tirn from the ubstacles opposed to thorn in another branch of the Provincial Legislal ire and siiosequen.ly by reason of the reservation of the last of these Bills for the significatiiu o f His Majesty s p easuie '^ I ngland, x^hence it har not been sent back. We ihink tha" |2 refusal of His Excellency, the present Governor in Chief of ihis Province, to s^m, a Iv ! for the Election o a Knight Itepresentaiive for tli^ County of Montreal, in the place ,f Dom.ni.,iie Momlclet L..,uire, whose seat had been declared vacant, is a gr evanceof wl id this Hou.,e..s emi.led to obtain ihe redress, and one which would 'one have suffice t put an end to all intercourse between it and the present Colonial Executive, if the circi ni- stanr-s of the cot,n,ry had not offered an infinite number of other abuses and crieva ces against which it is urgently necessary that we should remonstrate. Will, iei,'nrd to the following expressions in one of the Despatches beforementioned- Mioi.ld events uuhapp.y fi.rce upon Parliament the exercise of it. supreme autoriiy to compose he internal distention of the Colonies, it woald be my object and my duty as a .ervunt of the Crown, to submit to parliament such modifications of the Char-er of liie mT l"",?''""''* '^"^' "°' •" "'« introduction of institutions inconsistent wth Mo arcli.cn 1 (.ovimment, but to maintaining and stren^^thening the connection with the .Mother Country, by a close adherence to the spirit of 'the British Constitution, and by preserving in their proper place, and within their due limits, the mutual rights and p, ivi- ' Icgisof all clas.es ot I is Majesty's subjects ;"_if they aVe to be understood us'con- ta.ning a threat ,o n.ioduce into the Consti-iition any other modifications than such as .110 asked for by the ...ajoriiy of the people of ih,s Province, whose sentiments canno be leg., naicly expressed by any other authority than its Kepre,seniatives,-tliis House wouul e„..i'n'. Itself warning in candour to the people of England, if it hesitated to call their atteniion to the fact, that in le.ss than twenty ^eais the popuUiion of the United S ate of Amenca will be as great or gieater than that of Great Briiuin, and that of Briiish .lin erica hat ,1 line was coiu« o decide that the i.i.ppieciuble advantage of govemin.nhemselves ..Mead ,)l bein. governec ought to engage then, to repudiate -. sy.stein of Cok^.ial Zen J men, which wa., gemially speaki-g, much bc-iter than tluit of British America now is J, Youi >. I] fj in Yoiiv Ilonoiablc iluusc will iIoiiUiIl'ss do His .Miijesty's Hiiilit'iil siibjecis siifricicnl ji. slice not to cunsiiiie into a threat tliis prediciion founiled on (lie past, of a tltct which from its nature cannot be prevenled. We arp on the contrary convinced, lliat (he just appreciation of this fi'ct by Your Honorable House will prevent (hose mislbrlunes which none could de|)loie more deeply than we should do, and which would be equally fatal to ilis Majest^^'s Government, and to the People of this Province ; — and it is perhaps here that we ougiit lo re|)resc'nt wiili the same respect, but at the siiiiic time will> (he same frankness, that the fidelity of the People and llie protection of the Ciovernment are correlative oblij»alions, of wliieii the oi'f cannot long subsist without the other; and that nevertheless by reason of the defects ..iiich exist in the Laws and Constitution of this Province, ami of the niunner in which those Laws and that Constitution have been administered. His Majesty's faithful Canadian subjects are not sufficiently protected in their lives, their property, and their lionor. Atnoiig ihe subjects connected with the defectiveness of the Laws and Constitution of this Province, there is one to which we cannot too earnestly solicit the attention of your Honorable House, — the acts of interual Legislation for this Province passed from time lo time it) the Parliament of the United Kingdom, and with regard to which the people of this Country have never been consulted. We may, among others, point out the Act of the (itli year of the IJeign of(}eorge the Fourth, chapter 39, commonly called the " Tenures Act." We believe that it was only by deceiving the justice of Parliament and by abusing its benevolent intentions, thai it could have been induced to pass this Act. All classes of the people without distinction have, through tlieir Representatives, demanded its repeal, a very short liine after the number of thn latter was increased in this Province. Yet this House has never been able to obtain fiom His Majesty's Representative or from any other source, any intbriuaiion as to the views of His Majesty's Government in England with regard to (he ie|)pal of the said .Act. IlEo!)ject was, according to the benevolent intentions of Parliament, and as the title of-the Act sets Ibrth, ilie extinction of feudal and seigniorial rights and dues on lands held en fief and a reus in this Province, with the intention of favoring the great body ofthe inhabitants of the Country, and protecting them against the said dues which were regarded as burdensome : hut the provisions of the said Act, far from having the etTect aforesaid, alford facilities to Seigniors, to become, in opposition to the interests of their ff;(4(7rt(Ve4, the absolute proprietors of extensive tracts of unconceded iands, which l)y the l^aw of the Country, they held only for the benefit of the inhabitants thereof, to v'liom ihev were bound to concede tliem in consideration of certain limited dues ; — so that that said act if generally acted upon, would shut out the massof the permanent iidiabitani« of the country from the vacant lands in the seigniories, while at the same time they have been toiistiuuiy prevented tmm settling on the waste lands of the Ciown, on easy and libeial terms and under a tenure adapted to the ijiivvs of the country, by the partial, secret and vicious manner in which the Ciown Land [)e|j;ntment has lieen managed and by the provi- sions of the Act aforesaid, with reganl to the l.iws applicable lo tin; lands in question ; and th" ipplicatior.s made by ceiluin Seigiuors lor a change of tenure, iimler the authority of the said Act, ;ip;)('ur to [irove the correctness of the view which this House has taken of its practical 'If.'i t. h could only have been in consequciiro of an erroneous supjioiiiion that feudal charges were inliuient in the Ijaws iii ilii^ Couiitiy, as I'.ir as the pi lession and transmission of real propeity and tl e tenuies ricognized by thai Law were concerne I, that it was enacted in the said Act, thai luids with legard to which a change of teiiiiie rhould be effected, should thereafter be held under the tenure of lite and common soccage. 'I'lie seignorial charges have been found burdensome in ceitaiii cases, chiefly by reason of the want of adequate means of obtaining the interference of the CAilonial (iovt'inmeiit and of the Courts of Ijaw, I.) eiilbrce the ancient Law of the Country iu that behalf The Provincial Legislature was, moieover, fullv competent lo pass Laws providing for the redemption of the said charges ill a inaiuuM' which nliould be in accordance with the iiileresl of all parties, anil for the imrodtictiun (ifihe fiee tenures recognized by our Laws. This House has beeii repeatedly occiipieil iHul now is occupied about this iuiportaiu subject ; — but the said 'feuures Aci, iiiMilIicient of itself to i-nrci equitably the piiipose lor which it was pas-ed, is of a nature to iinbuias-i ami create ohslacks lo the effectual lueasuies which the Legislaluit f the Couiitiy Willi a tidi kiiowUilge (y meaiir. of a combination coiuiaiv 11 fliclosU ji.slico ivliicli from i(s St appreciation :li none could His Majesty' 's It we oiigiit lo kness, that the obligations, of a by reason of of I lie nianiier lesty'a tHitlifui srty, and their ])onsiitulion of lention ot your d from time to e people oftliis -let of ilie ()tli Tenures Act." by abusing its 1 classes of the repeal, a very et this House y other source, 1 regard to (he of Parliament, i^hts and dues the great body les which were having the the interests of I lands, which inls thereof, to lues ; — so ihat nt iithabitaniA :inie they have asy and libeial ial, secret and I by the provi- quesiioii ; and iilhority of the is laken of lis feudal charges iinisbion of real vas enacted in 'Ifi'Cled, should ftiorial charges ,U of udequuie Courts of Ijiiw, cgislaline was, e said ch;irges I's, ami tor ihe leen repeatedly 1 'IViiuies Act, sofa naune m f ihe Coiiiitiy i!-t believe lluil tliL' I'arliaMieiit iiaclnieiUs on a L'W to unlaw I'nl a combination I'omi.n V contrary to the pievious cngngcmenls of the U.iiisli Parliament, and of a iiadii'c nupistly lo create apprelieni-ions as to the views of the people mui (Jovernniciit ofllie MoilieV Coiiniry, and to endanger the conlidonce' and content of the Inhabitants of this Country, whicliought to beonsuied by equal laws and tl.c observance of equni juqice, i\s the rule of conduct in all the depanmenis of the Governmenl. We are of opinion tliat no violation of the rights of the people could, so long as it ahoidd exist, be attended by a willing and alfeciionaie obedience on their part, but merely by an obedience fouiuled on fear and constraint. We think it our duty to express the same opinion with regard toany adminis- ^ trative measure of the same tendency. y\ Althougli the circuinBtanco, which did not depend upon choice of the majority of the ppople of the Province, — their Fiencli origin undiheir use of the French language,— has been inade by the Colonial authorities a pretext for abuse, for exclusion, for politiail interioriiy, for a separation of rights and interests, (witli regard to which this Mouse now appeals to ihe justice of His Majesty's Ciovernnient and of Parliament, and to the honor of the people England,) the niaiority of the inhabitants of this Country are in no wise disposed lo repudi- ate any one of theadvaniages they derive from ilieir origin and from their descent ♦Vom the French nation, which, with reganl to the progress of which it has been the cause in civili- zation, in the sciences, in leiteis, and in ilie arts, has never been behind the British nation, and is now the worthy rival of the latter in the advancement of the cause of liberty and of the science of government ; from which this Country derives the greater portion of its civil and ecclesiastical law, and of its scholastic and charitable institutions, and of the religion, language, habits, manners and customs of the great majority of its Inhabitants. His Majesty's subjects in mi:' Province who are of British origin, came to settle themselves in a Country "the iidiabitants whereof professing the religion of the Church of [loine, enjoyed " an established form of Constitution and system of Laws, by which their persons and their " propeity had been protected, governed and ordered during a long series of years, from the " first establishment of the Province of Canada." Prompted by these considerations, and guided by the rules of justice and of the law of nations, the British Parliament enacted, that " in all matters of controversy, relative to property and civil rights, resort should be had to " the Laws of Canada." When Parliament afterwards departed from the jjrinciple thus recognized, firstly, by the introduction of the English Criminal Law, and afterwards by that of the l{epresentalive^ystenl, with so much of the Constitutional and Parliamentary Law as was necessary lo its perfect action, it did so in conformity to the sufficiently expressed wish of the Can? '.ian People ; and every attempt on the part of the Public Functionaries, or of other persons, (who on coming to settle in the Province, made their condition their own voluntary act.) against the existence of any portion of the Laws and Institutions pecidiar to the Country, and any preponderance given to such persons in the La^islative and Executive Councils, in the Courts of Law, or in other departments, are contrary to the engagements of the British Parliament, and to the rights guaranteed to His Majesty's Cana- dian subjects, on the faith of the national honor of England and on that of capitulations and treaties. The provision of the Tenures Act beforementioned, which has excited the greatest alarm, becaus-e it appears to be most at variance with the rights of the Inhabitants of ihi* Country, and those ot the Provincial Parliament, and with the facts and principles to which we havoiust appealed, is that which enacts that lands previously held e« ^e/or cm cewsiie shall, after a change of tenure shall have been effec'ed with regard to them, be held in free ami common soccHgo, and thereby become subject to the laws of Great Britain, under the several circiiiustames therein mentioned and enumerated. Besides being insufficient in it,'eltl this |U'ovision is of a nature to bring into collision in the old settlements, at niulu|)lied pcints of contiguity, two opposite systems of laws, one of which is entirely unknown to this Couiitiy, in which it is impossible lo carry it into effect. From the feeling inaiiill'sied by the Colonial Authoiitiet. and their partisans towards the Inhabitants of the country, the laiter have just reason to fear that the enactment in question is only the prelude loilio linal subversion, by acts of Parliament of Great Britain, fraudulently obtained, of the sy^itin ol iiuws by which the persons and property of the people of this Province wereso long Irippily governed. The Inhabitants of this country, have also just reason to fear that the rlaiiiis made lo ilif propiMiy of the Seminary of St. Sulpice at Montreal are attributable to the iletire ol the Col'iuial Adininisiraiion, and its agents, and tools to hasten the (lfpl(.iiiblu state of things iicein before alluded. His Majesty's (Jiovernment in England would, b) re-assuring his faithful subjects on this |)oint, dissipate the alarm felt by the Catho- lic L li igy, iiiid f y the whole people without ilisiinction, and merit their sincere gratitude. IiidepiMidrntlv 12 Indepenilenily of these serious vices, ilie saiJ Tenures Act dues not appear to have been founded on a'sufficient knowledge of the I^iiws wiiich govern persons and properly in this Province, when it declares the Laws of Great Britain to be applicable to certain incidents to real property. It has only served to augment the confusion and doubt which had prevailed in the Courts of law and in private transactions, with regard to the Law which applied to lands previously granted in free and common soccage. This House therefore humbly persists in praying that the said Tenures Act be uncon- ditionally repealed. We beg that we may now be permitted to return to the manner in which the Laws and Constitution have been administered ; your ilouorable House will there see an alarm- ing list of grievances and abuses, (a part of which existed before the commencement of the present Administration which has maintained ihem, and is the author of a portion of them,) which have rapidly increased in violence and number. Many others exist which are too n.imerous to be enumerated here, and with regard to which we reserve to ourselves the right of complaing and demanding redress. We shall confine ourselves to representing to your Honorable House : — Tlmtfor a great number of years the Executive Government has, contrary to (he rights of this House and to the Constitution of this country, set up claims to that control over, and powerof appropriating a great part of the Uevenue raised in this Province, which belong of right to (his House ; that the said claims have been vague and varying ; that the documents relative to the said claims, and the accounts and estimates of expenses laid before this House liave likewise been varying and irregular, and insufficient to enable this House to proceed with a full understanding ofihe subject on the matters to which they related. Tliat impor- tant heads of the public Revenue ot the Province, collected either under the provi^iions of the Law, or under arbitrary vegulaiions, made by the Executive, have been omitted in the said accounts. That numerous items have been paid out of the Public Revenue, without the authority of this House, or any acknowledgement of its control over them, as salaries for sinecure offices, which are not recognized by this House, and even fur other objects for which, after mature deliberation, it had not deemed it expedient to appropriate any portion of the public Uevnnue — and that no accounts of the sums so expended have been laid before this House. That the Executive Government has endeavored, by means of the arbitrary rcgiiLntions aforesaid, and particularly by the sale of the waste lands of the (Jrown, riid of the tinjber on the same, to create for itself out of the rcvi'uue which this House only has tlu right of a|)pro|iriatiiig, pecuniary resources iiidt'|U'ii(k'nt of (he control of the Kepresentalives of tlie people ; and that tlie result has been a diniiniition of the wholesome influence which the people have constitutionally the right of exercising over the Adniinistrutive Branch of the Government, and over the spirit and tendency of its measures. 'I'liiit this House having from liine to lime, with a view to proceed by Bill to restore rrgiiiariiy to the fiiiiiiiciiil system of tile Province, and to provide (or the expenses of the adniinistraiinn of justice hiuI ot flis Majesty's Civil Government therein, asked the Pro- vincial Executive by address, fjr divers documents antl accounts relating to financial matters, and to abuses connected v iih iheiii, 1ms met with repeated refusals, more especially (hiring the present Session and die prec>.'iling one. That divers subordinate public func- tionaries summoned to appear before Coiiiinillees of this House to give information on the said subject, liave refused to do so, In | iisuance of the said claim set up by ihe Provincial Administrations to withdraw a lar<;e portion of the public income and expenditure from ihe .'ontrol and even from ilie knowledge of tins House. That during the present Session one of the said subordinate functionaries of llie f^xeciitive being called upon to produce the nngiiials of sundry Registers of Warrants and Reports, which it wai important lo this H()iis(! to cause lo be examined, insisted on being present at the dcliberaiions of the Coiii- iniitce appomted l>y the Mouse (iir the pMr|u)-,e. And lint tliL» head of ilie Administnitiou hcluii inldrnu'd of tin; fact, refrained from interfering, alihougli, in contorinity to Parlia- iiKMiiary u-in;e, this House had pledged itsi'lf that the said Dm-iimenis should be reiurned, and ihit allh iiigli llie Ciovenior in Chief had himself promised coaiiiiiinicalioii of iheai. That the result ol'tlic secret and unlawful distribution of a large portion of the |)iil)lie revenue of the Province has been, tint tin.- JCxecutive (iovernnieni li.is always, except w iih ri";:iril \ > ■Mi|iiii|ii i.iiioii. fji Dlijreii of a I n.al natuir, consid'Ted 'i. li li.'ir.id lo aceoiiiu fur llu 13 ot appear (o linve IS and properly ia licable to certain and doubt whicli regard to the Law ires Act be uncon- 1 which the Laws lere see an alarm- :omnnenceinent uf sorof a portion of >thers exist wliich jserve to ourselves es to representing itrary to the rights control over, and which belong of lat the documents before this House House to proceed ed. T'.iat impor- provi!«ion8of the milted ill the said snue, without the ;m, as salaries for r other objects for priateany portion »d have been laid trary pcafiilations 11(1 of the riiiiber lias tbj n!,'ht of eprcsi'iitalives of ' influence which trative BihiicIi of y Bill to restore expent>e9 of the , iisked the Pro- ting to financiHl , more esptcially Ate public tunc- forniiition on the )y ihe Provinciiil iditure from ;he sent Session one to produce the iiporiant ',0 (his Diis of the Coiii- 1^ Adinini^tnitioii iTinity to I'mlia- luld be rehiiiu'd, lOI) ot lIuMII. ion (if ilu! |)iil)lic .iy«, except w iili tl ui nccoiiiu f II- llu the public money, to the Lords Commissioners of the Treaaury in England, and not to this U ouse, nor according to its votes, or even in conforiiiiiy to the Laws passed by the Pro- vincial Ij(>gislatiire ; — and that the accounts and statements laid before this House from time to line, have m.-ver assumed the sliujje of a regular system of balanced accounts, but liLive bt'i'u drawn up one alter another, (with such Khenitious and irregulariiies as it pleased llie administration of llie day to introduce into them,) from the accounts kept with llie Lords of the fieasury, in which the whole iiionuy received was included as well as all public items of expenditure, whether authorized or unauthorized by the Provincial Legialaiiire. That ihe pretensions and abuses aforesaid, Ikiv(^ taken away from this House, even the shadow of control oi/er the I'uMic Heveniio of ilie Province, aiul have rendered it impossible for it to ascertain at any liuio the uniount of Revenue collccliid, the disposable amount of iIil- same, and the sums required for ihe public service :— and that the House having, during mimv veins passed Bills, ofwhich ihe luodels are to be foiiiul in thf Staiuie Book of (Jreut ihiiuin, lo establish u regular system of accouutabiliiy and respounibiliiy in the department counseled with the receipt and expenditure of the Revenue, these Bills have failed in the Legislative Council. Thai since the hist Session of the Piovincial Parliament, the Governor in Chief of this Province, and the .Meiubers of ihc Executive (Government, relying on the |irolensions above mentioned, have, without any lawful authority, paid large sums out of the Public Revenue subject to the control of this lliiuse ; and lliai ll;e said sums were divided according to their pleasuie, and even in coiilradiclion to the votes of this [louse, as incorporated in the .Supply Bill passed by it iluiiiig the last Session, and lejtcted by the I^egislative Council : — For which sums as well as ti)r all others paid oilie-uise than under the authority of an Act of the Legislature, lu- upon an address of this House, out of the Public Revenue ofthe Province, this Hiuise owci it to its conslltuents lo hold all those who may have aulhorized such jjaymenis or paiticipated therein resfMiusible, until the said sums shall lu've been re- imbursed, or a Bill or Bills of Indemnity freely passed by this ilouse, shall have beloaie Law. That the course adojited by tliis House in the Supply Bill, passed during the last i>e88ion, of uilaching certain coiulilioiis lo certain voles, for the puinose ot preventing the cumulalioii of incompatible othees in the same persons, and of oblaining the redress of cerlain abuses aii'l grievances (which has been blamed by His .Majesty's Secretary of Siate lor the Colonial Hepiirlment in one of his Despatches,) is, in our luMiible oirinion, wise and conslitutional, and has tieqiiently been adopted by Vour Honorable House, under analo- gous circumsiances ; and that if die Couunons ot England do not now so fiequently recur to it, we have reason to believe that it is because they liav(? happily obtained the entire control of the revenue of lilt nation ; and because the respect shewn to their opinions with re^attl to the ict versed in its laws and in the language and usages of the majoritv of Its Inhabitants. 1 hat the result of their Internieddljng in the politics of the Coiintrv' ot their connection wi-.l, the Members of the Colonial Administrations, and of their pVeiu- (liees in favor ot instiriitions foreign to, and at variance with tliosc of the Coiiiiirv i-that the majority of the said Judges have introduced great irregularities into the geneWil svstein of our Jurispriidenee, by neglecting to ground their decisions on its reeotniized priiieiples That the claim laiil by the said Judges to the power of regulating the forms of leual pro- ceedings, in a manner contrary to the laws and without the interference of the Le.'Ni. tiire, has treiinently been extended to the fundamental rules of the law and of practice 1 hat in conseipience of the same system, the Administration of the Criminal law is partial and uncertain, and sneh as to afford but little protection to the subject, and has failed to in- spire that conhdence which ought to be its inseparable eom|)aiiion : and that in eonseiiiience of these connections and of these prejudices, some of the said Judges have, in violation ol the laws, attemptcN to abolish the use in the Courts of Law, of the lan«uage spoken by the majority ot the Inliabitants of the Country, which is necessary to thefree action of the laws, and forms a portion of the usages guaranteed to them in the most 'olemn manner bv the law of nations and by t;tatutes of the British Parliament. Thatsomeofthesaid Judges, through partiality, for political pur|)oses,and in violation of the Criminal l-aw ot England as esiat)lishe(l in this Coiintrv, of theirdutv, and of their oath, have connived with divers Law OfJicers of the Crown, acting in the Interest of the Provincial Administration, to allow the latter to engross and monopolize all criminal proseeutious, of what nature soever, without allowing the private prosecutor *o intervene or be iieard, or any iidvocate to express his opinion as amkw: airier, when the Crown Officers opposed it. That in consequence of this, numerous prosecutions of a political nature have been brought in the Courts o*" Law, bv the Crown Officers, against those whose opinions were unfavorable to the Administration of the time being ; while it was impossible (or the very numerous class of His Majesty's Subjects to which the latt-r belonged, to commence with the slightest confidence, any prosecution against those who being protected by the Administration, and having countenanced its acts of violence had' been guilty of crimes or misdemeanors. 'I'liat the said Judges have been illegally called upon Ijy the Provincial Administrations to give their opinions secretly on ~ uestions which may afterwards be publicly and contradictorily argued before them ; and that the opinions themselves so given by the said Judges, as political partizans, are in opposition to the Law but in favor ot the Administration tor the time being. That the said Tribunals, as far as the persons com|)osing them are eoiieerned, have undergone no modification whatever and inspire the same fears for the future. That tills House, as representing the peiijjle of tliis Province, possesses of ri^ht, ami has in tact exercised within this Province, when occasion has reipiired it, all the^powers, privilcijes and iiiimnniiics elaiuuMl and |)usse,.sed bv Your Honorable Mouse in the Cnitefl Kingdom ot (Jrcat Ihiiain and Ireland ; and that it is its undoubted right to send for all persons, papers and rccoros and to command the attendance of all persons, civil or military, resident within tln^ Province, as witnesses, in all investigations which it may deem it expedient to institute ; and to reipiire such witnesses to |)roduee all paper' and records in their keeping, whenever it may deem it conducive to the public gootf to do so. That as the (iratui impiestof the Province, it is the duty of this House to imniire con- cerning all grievances and all circumstances which may endanger the general willare of the inhabitants of the Province, or be of a nature' to excite alarm in them, with regard to their lives, their liberty, or their property, to the end that such representations may l)e made toonr Most (iracious Sovereign, and to His Parliament, or such Legislative nieasnres introduced, as may leati to the redress of such grievances, or tend to allay such alarm ; and that far honi having a right to impede the exercise of tla^e rights and pri- vilegew^ f t ■ i h th Vu in I Vn lioi •I IK Sfii had this }o(u-' ^»'hic ''iind decesi hisAj, any ri Vance, "II thei nient w 'ofusa/ wftheb «'id hon 'ion of I Anjoij '"■Jf ieavi /J''iisibili( "fl/ieCoi "allies of *''''t'ii intii J*' *''e Gov oa/arics p; "'real pro /'ossessiij.r f'liietionari ;V ""hts , '^■veeuiivx. "' "iL" Lv<,\. "'"' tl'e effoi ''^■'■/'etuatc I "I'eriiig i\,, »>»i Ihviv I .(-"■ineil ;„ , ;'"'"i'iicing , "':/.'/'''"'"g Oi ' '"^' iiiteifc ^moynl of ,U, '"^/'■'••tiality,, **;'.";"•/ power, by the lawa and tliat iwo-thinis 5 Province, aie Jiity of Odlcial mneiit iiite e-its ii) tlie Jii(tici:il II of oiii' only ill born out of (lie tlie mtijority of be Country, of I of tlifir |)iijii- lulry, i-;th;it the 'iieriil system of ized |iriiici[ili's. IS of leijal pro- of tiie Lei^isia- ilid of practice. il law is partial lias failed to in- iii coiise(|iiciice , in violation ol lagc sjioken by ee action of tiie nin manner by lid in violation ty, and of their interest of the :e all criminal jr *,o intervene icn the Crown s of a political , against those ; while it was icli the latttT list those who, violence, bad 1 legally called lestions wliieb t tlie opinions Jii to the Ivaw S as far as the wliatcver and ofriylit, aiiil I the jiowers, ill the Tnited J send for all oiis, civil or vhii'li it iiKiy I paper' and o(l to do so. iiKpiire coii- d wellare of them, with )reseiitations 1 Lc^-^i'lative to allay siicli htb and pri- viloifew. 16 citi'/ons bv the soUllerv, The ivnthors of which had not been acquitted by n Petty Jury ; XlSrSence of the ar.ncd Mih.ary force at such Elections ; tl.rough wh.ch three Leable citizens, whose exertions were necessary to the support ot their famdies and Kwere strangers to the excitement of the election, were shot dead :n thestreets :- T e various faulty and partial systems which have been toUowe. , ever sn.ce the passmg o the Constitutional Act, with regard to the management of the waste lauds ,« tins Province, and have rendered it in.p.-^Mble for the great majoruy of the people of tiK; Country u> settle on the said lands ;-lhe fraudulet,t and illegal manner ni which, contrary to His Maiesty's ii.structions. C.overnors, Legislative aiwi Executive ^councillors, Juilges, and subor-l" mate officers have ai-propriaU-d to theni^.lves large tract, ot the said lands ;- 1 e monopoly of an extensive portion of the said lands in tl„- hands of speculators residing Euglan.l,wiih which the Province is now threalened,-an.l !lie alarm generally te.t therein with reu^u•d to the alh-ged participation of Hi* Majesty's Government in this scheme, without its Imvin- deigned to reassure Ills faithful sul,,ects on this hem , or to reply to the humble address to His Majesty, adopted by this lloine during the last .Session The wa of all recourse in the Courts of Law on the part ot those who have just and Wal claims on the Government -The too fre.iuent reservadonot Bills, for thesignih- c'uion of His Majesty's pleasure, and the neglect of the Colonial O bee to consider such Sr a great number if which have never beeu sent back to the Proviuce, an.l some „f w'hich have been returne.l so late that doubts may be entertained us to the valuhty the -auction give,, to them ; a circumstance which has produced irregularity a ul „uce,taintv in the Legislation of the Province, and is felt by tins House as an unpedi- Leut to the re-introdiiction of the Bills -reserved during the then preceihng Session. The n-irlect on the i.ari of the Colonial Office to give any answer to certain adih'esses transmittclbv this House e to the P.ovn.ce, the amomu for which the late Ueceiver C.ene,al was a detiiulter, and its neglect to enforce the rreoar>e which the Province was entitled to against the property and person of the said late Keciiver (itneial. Havin- now shown by llie faithful statement of facts which we havethus lai.l before vour Honorable ILnise, th'al tho Laws and Cou.titlUiou of this Province nave not at any i.eiiodbeen adn.ini.tcied in a manner mo.e cont.aiy to the interests ot llis Mi.jesly s Governuient,and lo t!,e ,ighi> of the people of this P.ovmce, tliaa -nder the piesont Admi- nistration, we expect lion, the honor, patriotism and justice of the Kefuniuil Parliament lustration, we ex icci iiuiii luu luMiwi, i«.. I. W..O.. ^. , , ,- , ., ,. of the United Knigdom,-a.ul have resolved to pray, nud do pray, that your Honorable House will biinu a.ucles of Impeachment, and support those aiticks ot Impeachment before the Hous.ofLnids, against His Excellency Matthew VVhitworl, Aylmer,Lor.l Aylme, of Buhath, the proem Governor in Chief of this P.ovmce, tor having, while acting as (.overno,-, in contiadiction to the wishes of tl... Imperial Parliaineul, and to in^truc.iuns he niay have received, and against the honor and .hgnity of the Crown, am the iMgh.s ami privilegesot this House and. he people whom it rcp.e^ents, so recomposed the i^- 1^ » ''' v« Conned, as to augment the dissenlions which ..md tins Colony ; for having seriously impeded Uk- labours ef this Houae, acting as the grand inqne»t ol the Country ; tor having dispostnt '«! , upon f. t 17 created new ones ; /or Imving refused to i«n V VV it nr'lf "J?,'"'^'"«'« ^''i^ting abuses, and fill a vacancy which had happened in thi. Ce a^.d tl rn i*"'"!"" «' » "•'Presentatiie* to Z«f'"^ ''''''* ''y.^"^ '■"'•^'''^ Province ; and ieralk'rf'" "« ""'"'^e'-"f "epresenta" unjust and unconstitutional Administration of ll r^^ ''^r and on account ofhs illegal such of the wicked and perverse advism wl.o ,a ! mZTTr"' °^ "'•' '^I"''"" ' ""d agaS ""y^V/'.''erebe no u.eansofohtainin' fu "icealm^ ,! ""' ^' '1" "°"«« """y ''ereafter o H.« Majesty's Executive Governmen1''in E .-S"'' wThV^'' *^^"''"?' '''' «' "'« ''"nd« iheParhameni of the United Kincdom willh>, i . . ''^*® *''"' '''e two Houses of sense of duty, to support the accusatils toll t'Tv" I ^"u ^^°'" '"^""«"°" «" jS f vationofus rights and privileges, whid Imve bl.^ 1 "°"«"> '° «'»''•' over the pre^er^ more espec.ally by the present Adm n it at on -a ,,1 .„ 7'^"'""^""^ .^'°'«""y "'Sd, Province may not be forced by oppression toTC ,,1'°, '" ""' ''""' "'« pople of this' and to seek elsewhere a remedy fonheir aflSns. '^'P'^^''^'^ "^ H'e British Empire^ PfeJ^.^SailniKo^^^^^ ^epie-dto takeour SpSs^lil^^i^jS:^ - ;^r;a;r '^.:^ wishes, the interests and righ tof ^rpeS ortr,'^'^ '" ' """^ see that the abuses and grievances wl.i^h ""» .Prov.nce and ot thia House -tn Province, are fully anreSX .vSel '"'' '^'''''''*'' '"'"^ ^ pre"^l ,. ',w! trator3ofthemi„a,nannercoLo;','Vw1:f^^ '" ''.""'^'' "'« «""'"'•' a.> , ern' and with the dignity of tl" So v '" a S o x'^rf the' w," """'" '' '^' P-P>e o" k Sd Province .ay be constitutio:^;^^,^,;^:-^,:^:^;'^,^- and^C^^ pruy,^&c"£ •£:■"'''«"-'' "y ^"»y - "- led and bound to do. We .hall for ever (Signed) IIorjsK OF Assembly, Q'ltbec, Saturday, Ist March, 1834. L. J. PAPINEAU, i>ptaker of the Hou'>e of Assembly.