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Les diagrammas suivants illustrent la Li6thode. 1 2 3 :. ^^^■ 5 6 'ti THE "CRISE" METCALFE AND ^Y v^^rtfonfrttn^-- V o \] ^y 1 rt(bn)tn CABINET DEFENDED. .awaa OP i TO THE ^3a^ i^a^usiisa'^ OP CANADA. Af,sp&faU Deos memoresfandiatque nefandi—ViBiQ. PRINTED BY W. COWAN & SON. S:,'S>,, > TO THE "FREE AND INDEPENDENT" MEmBERS ■); I ! f)< J ^jts(rtftt^(j OF THE $$ <>f rttmbrt. — '^^•^^S^^«^^/>*' Gentlemen, 11 ; » t "i 1 ■ i.; f There never was a period in the history of Canada when the Representatives of the people were more imperatively called upon to make a stand for their rights m a spirit of honest independence and loyalty to the Sovereign, than the approaching Session, in which you are to enter upon the fulfilment of the solemn task which yoQ have undertaken at the hands of your country trust that the honorable though hacknied title, by which 1 have presumed to address you, embraces within Its exalted category, every man who, under an oath to his Queen and his country, will pass the threshold of the Legislative Hall. ...» ,^'.„.,, .,. ... ■ . tVitlum^ i .'»r;l|^..- /, W i You asiemble now under an aspect of affairs differing essentially from the usual condition of things at the perio- dical sittings of the Legislature, when public men resort to Parliament impressed perhaps with the importance of a variety of state measures, which may happen to be under contemplation, but without, nevertheless, concen- trating their forces or their energies on any one point, and possibly, without directing their attentions to any one subject in particular. You have been selected to fill your present posts, not in virtue of a common and ordinary election, had upon the expiration of a quartennial Par- liament, but in consequence ot a premature dissolution of the Parliament of your predecessors, and upon a solemn appeal to your constituents, by the Head of the Executive, to determine the merits and demerits of a quarrel between him and his constitutional advisers. You resemble in some measure the Grand Criminal Inquest of the Country, summoned to investigate certain charges preferred against your fellow beings and fellow subjects. You stand in the light of a special jury em- pannelled to try an important state prosecution, and to find a verdict either for the accuser, — a high dignatory and the Representative of Royalty, or for the accused — the humble functionaries of the people. You are about to perform the important functions of a tribunal in the last resort, and to stand in judgment upon the appeal to you by the contending parties, from the sentence pronounced by your predecessors, in the cause of the fautors of irresponsible executive power on the one hand, arrayed against the people's mandatories, — the advocates of the British Constitution, and British Constitutional freedom, on the other. The great question of the day is the propriety of the resignation of the late ministry, or in other words, their dismissal from office in the month of November last, and the course to be adopted by you, the new Legiglative Assembly, specially summoned to decide this political controversy. Jl „i », : , - :- ,;>, , ,^^,.:'v.tJ- ■- ,>>' -.^i.^. ^.^■-.^.'■■-Lm::,i:^w^-.^v l^: ast In order to reach a sound conclusion in the matter, a variety of subordinate points, involved in its issue, must be duly considered and determined in con- nexion with the main subject. . First: — Whetherthe system of Resposible Government established in this Province, is, in so far as relates to its local affairs, identical with the practical working of the British Constitution in the Mother Country, and the responsibility of Ministers to the majority of the House of Commons. Secondly: — What was the real cause of the quarrel between His Excellency Sir Charles Metcalfe and the Ex-Ministers ; and whether, divested of all subtilties, and paltry quibblings as to form, it was not as to the right to be consulted on all appointments to office, claimed by the ministry, and denied by the Governor General. Thirdly : — Whether the ministry were constitutionally justified in setting up this right, and the Governor Ge- neral wrong in resisting it, — or vice versa. Fourthly : — Whether the mere assertion of the right to be consulted, set up — rightly or wrongly — by the late ministry, implied a design on their part to subvert the authority of the British Crown in the Province ; and whether the manner of asserting it, or their conduct — or that of their adherents, since the resignation, was indicative of any treasonable purpose, or of any other object or design whatever, than the mere enunciation of a constitutional right, which they conscientiously believed themselves to possess ; and whether the co.urse pursued by them in this matter, was not perfectly compatible with the most profound loyalty to their Soverign ; — and whether the Governor General was justified in char- ging them publicly and repeatedly with, disaffection, disloyalty, and a desire to overthrow the authority of Great Britain in Canada. Fifthly and lastly: — V/hether,--the ministers being justified in resigning their offices, — ought now to be sus- i m sustained in their position, and the confidence of the Uepresentatives of the people withheld from any other public men accepting olHce in their stead, of whatever party jor politics. The third and fifth are obviously the great points to be determined ; and they must be decided with reference strictly to the state of parties at the time of the split in November last, without regard to the subsequent con- duct of either party. But the fourth proposition which has arisen out of the conduct of the Governor General and his partizans since the resi.o;nation, as it assails the characters, as well of the late ministers, as ol" a large majority of the last Legislative Assembly, and of the people of Canada, is essentially connected with the merits of the quarrel, as it now presents itself before your House, and is entided to your most solemn deliberation and decision. The concession to Canada, by Great Britain, of a representative form of Government, modelled upon the established constitution of that country, necessarily implied that the administration of its local affairs should be controlled by the people through their representa- tives ; and all the evils which have befallen this unhappy land may be ascribed to the hitherto almost univer- sal error, that this system, in practice, was incompatible with the subordinate relation of the Colonies to the Parent State. This fallacy has been exploded, and is now never heard, save in the mouths of a remnant of that class termed " official," who cling to it for the sake the emoluments which its corrupt practice alone could ^ procure for them ; or of such as are grossly ignorant of the true principles of that great model of popular in- stitutions which it is our pride and our ambition to imitate; I « 1 of a the larily Lould lenta- appy jiver- Itible the id is Int of Isake lould Irant in- tate; or of some who, if they happen to understand it, have no feehng in common with the permanent inhabitants of Canada, whom they deem unworthy of the riglits and pri- vileges ot British subjects. After an attcnipt — of fifty years duration !— to carry out a representative form of government, regardless of the dechired wishes of the people, which alone could give it vitality, and in diametrical and contemptuous op- position to the daily illustrations of a different practice in the very country whence the system has been derived, the principle of responsibility to the majority of the popular Branch is at last formally and solemnly reco- gnized and established in practice, as well by Her Majesty's Instructions conveyed in the despatches of the Colonial Minister, her constitutional organ, as by the resolutions of the Legislative Assembly of the 3rd Sep- tember 1841, sanctioned by the Home Government, and ratified by their public approval of the administration of Sir Charles Bagot, under whom it obtained its due cons- titutional sway. It is certainly matter of pardonable surprise, that at this day such an unqualified recognition of a constitution- la responsibility in the Colonial Ministry to the popular Branch, in relation to mere local afi'airs, should be con- troverted in any quarter, and least of all by Her Majesty's present Representative, whose advent to this country was heralded by an enumeration of the many laurels acquir- ed by him in the advocacy of popular rights, against the encroachments of unconstitutional power ; — more espe- cially when it is considered that his novel pretensions on this head were daily obnoxious to rebuke from the fresh recollection of the opposite and beneficent policy pur- sued by his predecessor. In whatever shape the difficulties which have super- vened in this Province since the monf.h of November last, — in whatever guise they may be -presented to pu- blip notice, — be the contending parties who they may, \- c , e i( is but the continuation of the struggle for constitutional Government — that responsibility ol the Executive coun- cil to the Representatives ol the people, contended lor during half a cenlury, and now happily consumated in the country. The opposition to it is but the last effort, the expiring howl of that nnercenary class, who, by ser- vility, venality an^l corruption, have nnarred the prospe- rity of the Colony, and whom, to our disgrace be it said, that portion of the population self-styled British, have improperly, though perhaps unwittingly supported, by countenancing a schism among the inhabitants of Capada possessing no character of distinction, save the odious one of natural origin, which rendered it the more per- manent by reason of its being lounded on prejudices and the absence of all principle. That system in the administration of Colonial aflfairs termed Responsible Government has now, however, been fully conceded, in as much as it is admitted on all sides, — as well by ihe late Ministers, as by the Governor General, and by Viger, Ryerson, MofTalt, &c; and what every body says must be true. But we differ, and have been quarrelling since the month of November last, about its interpretation, caused probably by the want of an ac- curate and settled definition of the principle, it being ex- ceedingly difficult to interpret that which we cannot de- fine. It is somewhat remarkable that a great many poli- tical writers, and newspaper editors, strenuously support the system as undurstood by His Excellency Sir Charles Metcalfe in the month of JVovember last, and as strenu- ously characterise the pretensions of the Ex-ministers on this head, as extravagant, untenable, and even republi- can, and nevertheless wind up their logical pates by terming it " undefinable"! It is always definable^ — when viewed through the medium of a Governor General's understanding ; it is ever '* undefinable", when it obvi- ously and palpably harmonises with the views of the Ex- ministers. M4, i^ ,r^(.v-. -■ He assordingly met the Council on Saturday, convin- ced that they would resign, as he could not recede from the resolution which he had formed, and the same subject .became the principal topic of discussion, im^rl-*!* >iitn ''' ,3^^) J'hree or more distinct propositions were made to him over and over again, sometimes in different terms, but aiming at the same purpose, which in his opinion if accomplished would have been a virtual surrender, in to hands of the Council of the prerogative of the Crown, and on his uniformly replying to their propositions in n v« (( u it n tt it it it it it it it ti tl (( it ( ft t it t it 2 it < a ( (( I :1: liilL 17 port : for, ng, as it ng advice ated. ' ould not rade the such a Its made il, or to city, and onferring g proofs towards e of the ad done, th party e ought, qualified re there exercise Baldwin lis final s agreed day the convin- de from subject e to him ns, but nion if er in to Crown, ons in %t u u u It it tt tt tt tt the negative. His refusal was each time followed by " then we must resign," or words to that purport, from one or more of the Council. After the discussion of this queston at so much length, being, as he has hitherto conceived, the one upon which the resignation of the Council rested, he is astonished at finding that it is now ascribed to an alleged diffe- rence of opinion in the theory of Responsible Government. In the course of the conversations which both on Friday and Suturday followed the explicit demands made by the Council regarding the patronage of the Crown, that « demand being based on the construction put by some « of the gentlemen on the meaning of Responsible Govern- « ment, different opinions were elicited on the abstract " theory of that still undefined question as applicable to « a Colony, a subject on which considerable difference « of opinion is known every where to prevail. But « the Governor General during these conversations pro- u tested against its being supposed that he is practically « adverse to the working of the system of Responsible tt Government which he has hitherto pursued, without « deviation, and to which it is fully his intention to adhere. xt The Governor General subscribes entirely to the tt Resolutions of the Legislative Assembly, of the 3d Sep- tembre , 1841, and considers any other system of Go- vernment than that which recognises responsibility to the people and to the representative Assemb{v as im- praticablein this Province. No man is more satisfied that all government exists solely for the benefit of the people, and he appeals confidently to his uniform conduct here and elsewhere in support of this assertion. If indeed, by Responsible Government the gentlemen of the late Council mean that the Council is to be su- prenae, and the authority of the Governor a nullity, then he cannot agree with them and must declare his dissent from the perversion of the acknowledged principle. (( ti tt tt tt tt « tt tt tt tt tt \ y k ■ V II 5 .'. :|i 18 u But if they mean that Responsible Government, as es- " tablished in this colony is to be worked out with an ear- " nest desire lo ensure success, he must then express his ** surprise at their arriving at conclusions which he does " not consider to be justified by any part of his conduct, " and which he conceives his repeated declarations ought " to have prevented. Allusion is made in the other propos- " ed explanation of the gentlemen of the late Council, to the " Governor General having determined to reserve for the « consideration of Her Majesty's Government one of the <« Bills passed by the two Legislative Houses — that is the « Secret Societies' Bill. If there is any part of the functions «< of the Governor in which he is more than in any bound to « exercise an independent judgment it must be in giving « the Royal assent to acts of Parliament. With regard to this « duty he has special instructions from HerMajesty'sSecre- «< tary to reserve every act of an unusual or extraordinary «« character. Undoubtedly the Secret Societies' Bill answers « that description, being unexampled in British Legislation. ft The gentlemen of the late Council had his sentiments on (t it. He told them that it was an isrbitrary and unwise mea- « sure, and not even calculated to effeot the object it had c< in view. tc He had given his consent io its being introduced into « Parliament, because he had promised soon after his as- « sumption of the Government that he would sanction le- (c gislation on the subject as a substitute for Executive cc measures which he refused to adopt on account of their « proscriptive character, although he deprecates the exis- (c tence of societies which tend to foment religious and ci- te vil discord. The gentlemen of the late Council, cannot « fail to remember with what pertinacity those measures « were pressed on him, and can hardly but be aware of t( what would have followed at that time if in addition to « rejecting the proscriptive measures urged, he had refused « to permit any Legislation on the subject. Permission to : introduce a Bill cannot be properly assumed as fettering 19 int, as es- than ear- ^press his i he does * conduct, 3ns ought 'r propos- icil, to the v^e for the fie of the that is the functions bound to in giving irdtothis >^*sSecre- iordinary 1 answers gislation. tnents on ise mea- ct it had ced into r his as- tion le- cecutive of their le exis- and ci- cannot easures ware of tion to •efused ision to ttering the judgment of tlie Government with regard to the Royal assent, for much may happen during the passage of the Bill through the Legislature to influence nis decision. In this case the Bill was strongly opposed and reprobated in the Assembly, but when it went to the Legislative Council, many of the members had seceded, and it did not come up from that House with the advantage of hav- ing passed in a full meeting. Taking these circumstan- ces into consideration, together with the precise instruc- tions of Her Majesty and the uncertainty of Her Majes- ty's allowing such a Bill to go into operation, the Gover- nor General considered it to be his duty to reserve it for Her Majesty's consideration, as it was much better that it should not go into operation until confirmed by Her Majesty's Government, than that it should be disconti- nued after its operation had commenced. In conclusion, the Governor General protests against the explanation which those gentlem.en propose to offer to Parliament, as omitting entirely the actual and promi- *< nent circumstances which led to their resignation ; and « as conveying to Parliament a misapprehension of his « sentiments and intention which has no foundation in any «< part of his conduct, unless his refusal to make a virtual sur- «« render of the prerogative of the Crown to the Council for « party purposes, and his anxiety to do justice to those who it were injured by the arrangements attending the Union, j' » • (c Government House, > ^ -^ - £---^yeMim^KXt9ffxzKf'mffv«mmp!imif!i>sem^Sia^ \ that it is, '■ virtually ninisters, n of the eral, and lom their ance and ' unders- h objec- sclosure nerits of 3nage of the real ?ht out. 1 of the jnificant •m, and of the dour or Jral and 'elief in )ntaine. iropean > bv the >politan -a pre- by any he late erica,) ethren r thing iats of iidable jontri- juntry 23 suppose that every empty — headed pate which crosses the Atlantic, possesses this degree oi excellence embo- died in his own person. It is a matter of daily occur- rence to hear these notions of superiority put forth by adventurers, in various stations and professions, into Canada, from the other side of the water, but who, when pitchforked into office through some sinister influence, betray such a degree of incapacity as to disqualify them from caiTying grub to a bear. ui. n, t; >, > -.Mrr.i ?... . ' The attempts to retain the Patronage of office solely and absolutely in the Head of the Exec t live, in defiance of :|he principle of Colonial Responsible Government, was the last plank of the wreck of official domination in Canada. That the public men enjoying the confidence of the people, and possessing, each in his own section, a knowledge of our local affairs, must be the best judges of the fitness, or unfitness, of all applicants for office, is a proposition too ser-evident to be called in question. Tha; they could carry on the Government, without this powerful auxiliary, or with its influence exerted against them, is an opinion which can only be entertained by men absolutely opaq-^e as to the working of the British Constitution, or by such as make their political princi- ples subserve their own private interests. But that the Public Functionaries should be responsible to the Le- gislative Assembly for acts of the Government, made without their participation or knowledge, and the first intimation of which they had the humiliation to receive from news-mongers in the streets, — is a doctrine adapted only to the judgment of babes,or the pericrania of madmen. It has thus been incontrovertibly brought home to the judgment of every just and candid mind, and in truth no one now ventures to deny, that the antajonist notions of Hii> Excellency and his minister'i, upon &e exercise of the Prerogative in regard to the patronage of office, Vt^ere the real cause of the quarrel. And further that the views entertained by the Ex-ministers on this head were I h I 1^ 24 strictly conformable to the practice obtained in England, and that they were justified in setting up the right which they claimed, and the Governor General wrong in resisting it. The stand, therefore, made by theLafon- taine — Baldwin Cabinet was perfectly constitutional and praiseworthy, — thus establishing the second and third points involved in the quarrel. . , ^ Thus far the reasons and arguments advanced have been restricted to the merits of the quarre/a^ the time of its occurrence. There is one more argument, however, which has an important bearing upon the subject at the present time, and which, in justice to the Ex-ministers, must not be overlooked, although it may be deemed ob- jectionable by reason of the proof required to strip it of its character of extreme improbability in point of fact, and because it detracts materially from the proverbial candour and manliness of an Englishman, and the di- gnity of an English Statesman. The misunderstanding, as it has been shown, arose out of the right to be consulted claimed by the ministry. The Go- vernor General, not acquiescing in such a pretension, accepted their resignations in November last. The coun- ty has since been agitated by himself and his partizans, in order to create a majority adverse to the Ex-ministers, ,and the Provincial Parliament has been dissolved in oraer to a final appeal to the whole constituency of Canada upon this head. Will it be believed, that notwithstanding this hot and violent agitation, prejudicia/ to the peace of the Country, and damaging to its best interests, one of the parties, and the aggressor in the quarrel, has long since succumbed on its main and sole cause, and has publicly and solemnly announced, "that he would never dream of " carrying on the Government of the Province without ** consultmghis constitutional advisers ; — thus sanctioning the principle contended for by the Ex-ministers ; and — that notwithstanding such an unqualified recantation, he persists in refusing justice to the Ex-ministers, and in rl tl 11 25 !ngland« e right wrong ^Lafon- nal and 1 third i have time of >wever, at the [listers, ,ed ob- ip it of f fact, v^erbial the di- nding, right Go- nsion, coun- izans, sters, oraer mada iding ce of le of 5ince licly mof hout ning Id— , he d in ruling the country by a batch of incapables, notoriously without any political influence, instead of replacing mat- ters in statu quo ante helium, and thereby exhibiting a moral courage, and a sense of justice, becoming his exalt- ed station. You have next to consider that important feature in the present controversy which is predicated upon the quo animo of the ministerial opposition, and imputes to them, and the majority of the late House, and their adherents, motives dishonorable to them as men, and subversive of the supremacy of the Mother Country. (''ir'-iH (i;)!: In bold and disreputable contrast to the course which ought to have been followed, the victims of defeat sought a refuge amid the seeds of discord, and the Province of Canada, during the nine months which followed the un- fortunate schism, has exhibited a spectacle to the world unexampled in constitutional countries. The Represen- tative of the British Sovereign, and as such — the repre- sentative of the Fountain of justice, of order, decorum, moderation, impartiality, and of every virtue and quality which indicates a dignified seclusion from party strife and politics, — the chief magistrate of Canada, and the Governor General of British North America, — has been agitating ! — incessantly agitating ! ! — emitting volumes of calumnious and inflammatory " Answers to Ad... sses" charging the Ex-Ministers, and their adherents, with a design factiously to agitate the country in opposition to him, — (the very off'ence, like the Wolf in the fable, of which he himself was guilty,) and imputing to them a de- sire to subvert the authority of the mother country in Ca- nada ; while the whole Province, and Lower Canada in an eminent degree, was in profound peace, not exhibit- ing the slightest indication of discontent, disaff'ection or disloyalty, — and while the agitation — if it deserve the name, — in Upper Canada, was confined to the discussion, peaceably and constitutionally, of an abstract principle in the practical operation of the British Constitution,— a \t +« i 1! f T 26 right indisputably inherent in the humblest subject of the Crown, and perfectly compatible with the most devoted loyalty to the Queen, who is the living and honored em- blem of the Constitution whence these inestimable rights flow. • ' ■ .;^i^ '• Your views, and these of all the constituencies of Ca- nada, have been attempted to be diverted from the real merits of the contest, by representing it as one in which the loyal portion of the inhabitants were arrayed against the disaffected and the rebellious, and which involved in its issue the further connexion of this Colony, and of all the British North American Possessions, with Great Britain. The object of this nise was to intimidate a cer- tain class of the inhabitants, by an allusion which recalls the late wicked and disastrous struggle to extort from the mother country certain concessions, which, justly or unjustly, she had expressed her determination not to yield, and thereby to characterise the present peaceful contest, as one of a similar sinful stamp, and calculated to produce a similar baneful effect. Of all the weak inventions of a weak enemy, this is the weakest and the basest. It is worthy of a hireling press, the toady eulo- gists of the Rump ministry of the day, whose clamo- rous zeal is ever in the inverse ratio of the sanity of its pretensions. This villanous game, worthy of a villanous cause, has been practised to a large extent in Upper Canada, and the honest loyal yeomanry of that country have been duped into the belief, that the late ministers, and their adherents, are a faction banded together to dissolve our connexion with Great Britain ; — and dis- affection — disloyalty — treason — rebellion, have been in- cessantly dinned into their ears, until it has resulted, in two monster lies, namely : — That the advocates of Res- ponsible Government, according to the principles oi die British Constitution, are a " Revolutionary party !" and the followers of Sir Charles Metcalfe, to wit, — the Tory .CT>mpact of Upp^r Canada, and the servile official fac- til wl ta 27 't of the devoted red em- e rights ofCa- he real I which against ivolved and of I Great a cer- recalls t from stly or not to jaceful ulated weak nd the ' eulo- ;Iamo- of its anous Jpper mntiy isters, ler to i dis- n in- !d, in Res- n the ' and Tory fac- tion of Lower Canada — the " Constitutional party !" — by whose chivalrous, — disinterested devotion to Great Bri- tain, that connexion is to be maintained. These madmen have been permitted, nay incited to play off their demon antics in the broad face of day, & to impair the character of the inhabitants of Canada for peace and loyalty, as well in the eyes of Great Britain, as in those of the whole world, and this at a time when the quiet of the church yard reigned throughout the land, and while every man in the frenzied ranks of their calumniators, frr i the highest to the lowest, knew, felt and believed in his craven heart, that the country never was more peacable, more loyal, nor less disposed to throw off the powerful and protecting arm of Great Britain, and to transfer its allegiance to another Power, — the necessary and inevi- table consequence of such a step. We have every thing to gain by remaining united to the freest and the most enlightened nation of the globe, — every thing to lose by fleeing her banner. Under the shield of British power, law and order are supreme throughout her widely extended dominions. Impartial justice is meted out to the lowest criminal, and the condemned felon yet feels the rights of a British subject in being protected from the bloody hands of the mob. There no "equal" son of Adam treads the ground, the pinioned — degraded slave of his fellow man, and no ruffian hand dares apply the torch to the peaceful sanctuary of female piety, nor the fiend of intolerance disturb the worship of the Creator, under whatever creed, or by whatever form, conscience may direct its exercise. Such are the inestimable blessings which we enjoy as a dependency of that mighty empire, and we do not the less appreciate them, no: are we less worthy of them, by demanding our full righis as British subjects. The charge of disloyalty, then, we indig- nantly repel as being false, and utterly unfounded, and to him who may still persist in the calumny, we answer, in brief english, — " He lies in his throat." The loyalty of I 1 ^^tw \m 'III 28 all those who advocate the doctrine of Responsible Go- vernment, and maintain the party of the Ex-ministers, stands unimpeached ; and their regard for their Sover- eign and the British Constitution, is immeasurably su- perior to the c?nt of that pharisaical tribe, who, utterly reckless as to the fate ot their country, cr the honor of their Sovereigu, have loyalty for ever in their months, as the ever ready incense which they offer up to every successive Governor, whatever his party or his politics, and which would be obsequiously lavished on a Baboon, were he decked in the official uniform of Downing street. In addressing the Legislative Assembly of Canada, I of course must submit my reasons and arguments to the judgment of an Assembly, composed, like every other political body, of heterogeneous materials. I assume that to whatever parties in politics you may be subdivid- ed, — whether reformers on the ex-ministerial side, or on that of Sir Charles Metcalfe ; — whether Tories of the Upper Canada family compact, or of the Lower Canada official class ; — whether uncompromising supporters of the Responsible Government question, or moderates,- — disposed to steer your course accord- ing to the tide of affairs, or to whatever other shade or hue in politics you may belong ; — I assume, and believe, that you are all imbued with a spirit of profound loyalty to the Sovereign of that country, which has ever been the foremost in the cause of ra- tional freedom, and from w^ence you derive that bright inheritance which enables you now to battle,freely and in- dependently, for the supremacy of those principles which you conscientiously believe to be most conducive to the permanent peace and welfare of your conntry. Many of you have given substantial proofs of your devotion on this head, and there are others among you whose loyalty no one would dare to impugn, for you have loudly pro- claimed it to all the winds of heaven, and, in the ardour of your professions, have charged with disloyalty all those whose powers of vociferation have been unequal to yo^ of COl fori Bril pre pai yoi cla^ or and and and yours. And as to that numerous, influential, and en- lightened portion among you, who, amidst a host of calumnies continually reiterated against you, have contended patiently, peaceably and constitutionally, for the development of the genuine principles of the British Constitution, evincing at the [same time the most profound respect for the majesty of the law, and the paramount authority of the empire, — he who impugns your allegiance, however high his rank, and to whatever class, creed or country, he may belong, is but a coward or a knave, unworthy the name of a British freeman, and whose loyalty is but a filthy garment, the fashion and colour whereof are ever changed to suit the caprices, and the alternate and adverse politics of a Durham, a Sydenham, a Bagot, or a Metcalfe, w / , !^ugning over- mother tied to ing to 91 odious prejudices, and stirring up the worst elements of our nature, to further his own tortuous policy ; — if such should be the result of your deliberations upon this pre- liminary question of the loyahy or disloyalty of the Ex- ministerial party, — then, and in that case, are you bound, in honor and in justice, to find upon the fourth head of enquiry, that " the mere assertion of the right to be con- sulted, set up — whether rightly or wrongly, — by the late ministry, implied no design on their part to sub- vert the authority of the British Crown in this Pro- vince, and that neither their manner of asserting it, nor their conduct, or that of their adherents, since the resignation, was indicative of any treasonable purpose, or of any other object or design whatever, than the mere enunciation of a constitutional right which they conscientiously believed themselves to possess ; and that the course pursued by them, in this matter, was perfectly compatible with the most profound loyalty to their sovereign, — and, as a necessary consequence, that the Governor General was not justified, but on the contrary, highly reprehensible, in charging them, publicly and repeatedly, with disaffection, disloyalty, and a desire to overthrow the authority of Great Bri- " tain in Canada.*' Having reached this sound conclusion, it is super- fluous to say that you must discard from your minds any preijudicial impression which may have been made upon you, and that you must approach the main question of the day, your judgment freed from the poisonous colouring which these accusations may have imparted to it ; and that although returned by constituencies suspi- cious of the views of the late ministry, you must do, precisely what they, in the honesty of their hearts, would do themselves, if disabused of the vile imposition prac- tised upon them, — you must, like true Britons, give the Ex-ministers a fair and impartial British trial, upon the abstract merits of the question of their resignation. « tc it (t « (t tt (t tt tt tt tt tt t< tt tt H 32 according to the sound principles of the British cons- titution. Having thus disposed of the four first points involved in the quarrel of His Excellency and his late ministers, it becomes necessary now to enter upon the considera- tion of the fifth and most important point for your deli- berations upon the commencement of the present Session of Parliament, namely — Whether, — the ministers being justified in resigning their offices, — ought now to be sus- tained in their position, and the confidence of the Repre- sentatives of the people mthhddfrom any other public men, accepting office in their stead, of whatever party in politics. It is possible that there may be among your body a certain number disposed to admit the fairness of the con- duct pursued by the late Ministry, and the soundness of the principles, contended for by them, who — yet — are indisposed, or do not see the necessity, to force mat- ters to such a pass, as would ensure a triumph to one party, or a marked defeat to the other. This class does not deem it necessary to disturb the present order of things, provided the Head of the Executive consent to administer the Government according to the interpreta- tion of the system of Responsibility advocated by the Ex-Ministers, and are of opinion that it is immaterial for the interests of the country, by what set of men the reins may be held. This is a fatal error. As the controversy now stands between the Governor and his discarded mi- nisters, a principle is involved in the very persons of the latter, that being the sole remaining point which the pu- blic declarations of the former still leave unsetded. If the Governor be sustained by you in his present po- sition, a precedent will be established which will give him a veto as to the appointment of men, in whom the country may have expressed its confidence, and thus the ei ai pr| vii pa) thi If su] sh] it th( an< 33 sh cons* involved ninisters, )nsidera- our deli- t Session TS being be sus- he Repre- tblic men, party in r body a ' the con- idness of yet — are ce mat- to one ass does order of msent to erpreta- by the erial for he reins roversy ded mi- ls of the the pu- id. jent po- ill give om the thus the entire phalanx of the popular branch may be anihilated, and the responsible system itself virtually neutralised in practice. In every instance of a disruption of the Pro- vincial Cabinet, the appeal must be to the country, both parties being amenable to public opinion, as expressed through the representatives of the people in Parliament. If upon the reasons assigned, the Governor General be supported in his views, the ministry are forthwith to be shelved. If, on the other hand, their course be approved, it would be blind policy and rank cowardice to abandon them. This is the great principle involved in the last, and all important head of enquiry. This notion of indifference as to the particular per- sons to whom the reins of government are to be confided, is a point which will be pressed upon you in order to sustain the present Ministry. It is a ruse of the enemy which must be defeated, for although a shallow one, it is nevertheless fraught with more danger to the perma- nent establishment of true Responsible Government in the colonies, than any other. i . You will be told, with an air of great earnestness, that there is in reality no diflference between His Excel- lency and the late Ministers, about the practical opera- tion of the system, and that he has always professed him- self favorable to the most liberal interpretation of it. In short you may be prepared to hear, that when he decla- red, in his written answer to the explanation of the Ex- Ministers laid before Parliament, that, — " it could not be imagined that the mere form of taking advice, without re- garding it, was the process contemplated" — he meant, what he afterwards publicly announced, — " that he w ould never dream of carrying on the government of the Pro- vince without consulting his Council." It will possibly require all the ingenuity, and all the eloquence, of all the eminent men of his present Council, to persuade you, that there is not in these two declarations, an irre- concilable repugnancy, and that however conscientiously D I i :m he may have at one lime iiphehl th<; doctrino contained in the first dechiration, — the [)ronuilg;iti()n oi l\m second one contains irrclVagable proof of his ab;uKh)nment ot" the first, and Lliat he has virtually capitulated upon the main cause of the quarrel, and that his pertinacious and continued hostility to the cause of the E\'-Ministers pre- cludes any charitable supposition, that his first position, though erroneous, was maintained in good faith, or sans connaissance dc cause. • • ■ '■'''-• •* - •■ .Min It will be attempted, as one of the wiles of the enemy, under the tuition of Lord Stanley, whose object is to burke the invaluable boon conceded to this country un- der the auspices of the Earl of Durham, and reduced to practice under the administration of Sir Charles Bagot, (whose memories you will allow to be unstained with a single act or thought inimical to British supremacy in the colonies ;) — every art will be put in requisition to im- press upon you, that the Responsible Government con- tended for by the Lafontaine — Baldwin administration is inconsistent with the subordinate relation of the Province to the Parent state ; — that it is an imperium in imperio ; — that it is absolute and unqualified independence, and that from the moment of its full and final concession, as now insisted upon, the colonies are gone for ever. — Fudge ! — Believe it not. Draw a clear and distinct line of demarcation between questions of an Imperial, and those of a local nature, and the problem is at once sol- ved. In regard to the management of the latter, we are entided to have a ministry — a st;itg Cabinet — holding ofiice as long as its members command the confidence of the Legislative Assembly, and working the machine of local administration, precisely in the same manner as in the metropolitan Cabinet. I could not more strongly fortify this viewof the subject,than by invoking the publicly pronounced opinion of a distinguished member of the late Legislative Assembly, well known to you all, and to the whole Province, as an eminent Constitutional lawyer, and 35 out." whose loyally and atiaclimcnl, as well to his So- verign,as to this tlio land of his birlh, are undoubted, and with respect to the lionesLy and independence ol' whose, opinions there is not an individual in either section oi' tlic Province, of whatever origin or party, who enter- tains the shadow of a suspicion. Upon a requisition being addressed to him to conic forward as a Candidate at the late Election, based upon his already declared views on the "general principle of Kesponsiblelity, and his refusal to take otlice under the Viger — Draper Cabinet, in the following terms; — . • . i . ., " The undersigned, J:]lectors of the City of Quebec, " assuming, as well from your a])proval, in the late Le- *• gislative Assembly, of the right insisted upon by the " late Ministry, of being consulted by the Head of the " Executive upon all matters touching the administration " of the local affairs of the Country, as from your refu- *' sal to take office under the present Administration, " that you are disposed to carry out the system of *' Responsible Governmcnl recognised in this Province, ** and to advocate its practical application to the local ** affairs of the Province upon the same principles upon " which it is adhered to in the Me^iopolitan Cabinet, ** coupled with a due regard to the dependency of the " Colonies towards the Parent State, and reposing the " highest confidence in your integrity and abilities, and *' in your regard for the inalienable rights of the People, " and the just Prerogatives of the Crown, hereby res- " pectfully request you to come forward as a Candidate, ** at this important political conjuncture, to represent " them in the Provincial Parliament, in conjunction with ** Jean Chabot, Esquire, Advocate." ,, ,; ,,,„. ,{ ,^, „,.., •ti); uiiiH I'i^at Gentleman rtplied ; — ,j^^]; " The opinions I am known to entertain in relation to ** a constitutional responsibility of the advisers, ministers " and officers of the Sovereign within the Colony, are ** such as must, I think, be generally recognized as in,- " volving the only principles- upon which the Colonial ..-;- ir i ■i i 36 « (( (C l( « ft it ** administration can be conducted. I cherish the confi- dent hope that they u ill prevail and ultimately secure the peace and prosperity of all the Br""5h North American possessions. Firmly convinced ol the indispensable supremacy of the Paii)nt State, and of the importance of drawing closer the bonds of our union with that great Empire, I feel persuaded that nothing can con- tribute more to this important end than assimilating the administration as uearly as possible to the practice and spirit of tke wise and enlightened government " which it enjoys." The votary of Responsible ijovernment, who could pronounce such an answer to such a requisition, as not sufficently embodying all that we are now contending for, is an exalte whose theoretic ardour surpasses his discretion ; and the orthodox supporters of British con- nexion, the consistent legitimists of St. Peter street, who could approve Sir Chailes Metcalfe's Responsible Go- nernment code, and yet take umbrage at this answer, is a 'i'ory of the most odious stamp, wanting the usual recti- tude of that class of politicians, and ever ready to adopt any system, — even a democratic one, did it proceed from the mouth of a despot. To such a subservient class, the mere discussica of political rights is offensive, and the most arbitrary Special Council would be distasteful, be- caise of its semblance to a deliberative body. '-^ '^^ » % ^'■■ There is another point v/hich though not connected with the question of the day, may yet not be un: orthy of notice. If credit is to be given to rumours which are afloat, without being traceable to any distinct paternity, it would appear that persons belonging to the reforia cause nave it in contemplation to moot the repeal of the Union of the Provinces. There is no one subject which could be broriched in the House at the present juncture; calculated to exert a more baneful effect upon the main question of the day, and the general course of events, than the re-opening of such a vexations point. It is to be 5 » II , K n confi- iirethe lerican nsable rtance h that 1 con- ing the ractice rnment could as not ending ses his h con- Bt, who Ae Go- er, is a I recti- ) adopt d from iss, the nd the il, be- nected orthy ch are nity, it •efoHii of the which icture; i main ivents, ; to be hoped that no individual member will introduce any mea- sure or subject, having a tendency to embarass the great question of the day, or the general policy of the reform party. Let it be remembered that it is now the lavr of the land, and that the late confidential Ministers of the people, whose cauj?e we i^ll suppoi't, have solemnly ratified the Act of Union, by the permanent establishment of the Seat of Government in the City wherein you now hold your deliberations, and that any attempt to disturb it new, would have the twofold eflfect of weakening that cause, and of giving a color to the slanderous imputa- tion which the enemy of that cause has never ceased to promulgate against the Ex-ministers and every man who dares to defend them. It would afford him and his supporters a handle, the preponderating and damaging effect of which would be irretrievable. Besides let it be borne in mind that the Union, (without giving any opi- nion as to the policy of that measure before its enact- ment,) has brought in its train at least two precious gifts, — the concession ot % free constitutional system of government, and a coalition between the inhabitants of the tvo cotintries holding the sam.e political principles, under the benign sway of which the t)tupid — hateful — damnable destinctions of national origin are fast fading away; and that when the stringent enactments of the Union Act respecting the apportionment of the representation, and the provisions of the Civil List, shall have been modified or expunged, its future working may conduce more to the peace of the country, and to the cause of civil liberty, than many of us may have reason at pre- sent to anticipate. 5 i*-^^ ■ -« / >?: i^i^ : i To return •, His Excellency Sir Charles Metcalfe has placed himself in that awkward dilemma that his policy must be subjected to your stern review, with reference to two separate and distinct branches of it ;— the one involving the propriety of his treatment of the Ex- ministers, and the other the constitutionality of the course pursued by him since the month of December last. Should the result ot your deliberations exonerate the late ministers from all blame, then your endeavours must be directed to reinstate the bark of the constitution in that healthy course which she was pursuing, when the blasting winds of official interference paralyzed her energies, in order at once to establish on a permanent basis, those principles of colonial responsible government, which have been imprudently invaded by the Governor General, and to prevent the country being again con^ vulsed for the purpose of upholding, in an unjust perso-» nal quarrel, one of the contending parties, long after he himself has cried peccavL . Should the majority of you, however, find negatively upon the various points now brought under your consi- deration, and throw its weight into the scale in favour of the inculpation, by Sir Charles Metcalfe, of the members of his late cabinet, no doubt can possibly remain that after having come to such a sane conclusion, that Tp jority will tender its ready approbation of the policy of the Governor General since the resignation, and of his present advisers, as well as of any others whom it may please him to honor with his confidence. mI '^tU 'mbav o; The present enquiry is directed chiefly to the cause of the Ex-ministers, as it stood in November last, because in that cause a great principle is at stake, and subsequent events are only entitled to consideration in so far as they extenuate or aggravate the conduct of the belligerents, and thereby reveal the quo animaoi cither^ at the time of the split The wisdom displayed by His Excellency in the choice of his present counsellors, and the policy which they have followed, come not within the immediate scope of the present enquiry. They have both received a sufficient quietus in the fact of their unqualified condemnation by all parties in the Province, of whatever sect or party, , ,,The resignation of the late ministry is an act which ; ! 39 icembef [onerate eavours stitution hen the :ed her •manent rnment, overnor ain con- ; perso- after he gatively - consi- ivour of lembers ain that )n, that policy d of his it may e cause er last, ke, and ation in t of the either, by His >rs, and thin the have of their ovince, which redounds to their infinite honour. It triumphantly refute,^ the bugbear of the worshippers of Special Councils and arbitrary Government, — that we have no materiel in this Province for a Responsible Government, and a Colonial Cabinet removeable at the will of the Assembly. The first ministry under the new system have furnished a brilliant example of public men, who prefer public virtue and principle, to oiiice or emolument, notwithstanding the ravings and the calumnies of a hireling press, who ascribe their conduct to mercenary views. To impute sordid motiv»^s, and a love of office, to men as a reason for resigning lucrative offices, is a contradiction in terms, and so palpably absurd that the judgment of the accuser must be irrecoverably warped by the dishonesty of his own purpose. Such a charge deserves to be placed m :uxta position with that one which characterises il' .,]^onsible Government, i. c. — the free working of the British Constituiion as practised in England ! — to be but another name for an " Elecdve Council,"— i. e. — an or- ganic change in the constitution destructive of its system of checks and balances, and savouring strongly of repu- blicanism, and the insane demand for which, by tjie late Lower Canada Assembly, led to revolt and all its concomitant miseries. It is deplorable that men of standing in the community should be rendered so rabid by opposition and defeat, as not to know that sound moralists i ive long since discarded the flimsy dis* tinction r> .v een private and political integrity, and private a^i ^jolitical turpitude. To charge a large majority oi* ilro people of Canada with treasonable designs, without offering one substantial ground for the accusation, is a flagitious act which ought to be held up to public reprobation, and must be taken as evidence of no earthly object, save a desire to produce the very mis- chief which the chief accuser, and his lackey press, affect • : deprecate. "It is hardly fair" wisely observed the ^t ;N.3stor of Canadian politics," "to ascribe to the i I ■1. i ) ; 1 ,1 ( C( (( Execittwe Councillors, who resigned^ other motives than those which they avow" I ! — as witness his own hand, in his Gazette of the 22nd December, 1843. » v v.».u; j;. In vain will be your acquiescence in all the points pre- viously submitted to your consideration, if they fail to produce that determination upou the fifth head of discus- sion which would seem to be the inevitable consequence of the others. To be of opinion that the Responsible Government of Canada, in the management of its local affairs, is the counterpart of the practical machinery of the British Constitution in the Cabinet of Downing Street : — and that the late ministers surrendered the reius of Government, and their lucrative appendages, un- der a high aud imp ^ative sense of duty, confirmed by the approval of the v. * ^y and the confessions of their adversaries : — and thai their conduct and their mo- tives have emerged scatheless and unsullied from^the ini- quitous crusade, and the war of detraction, which they have endured at the hands of an unscrupulous enemy : — to coincide in these views, and at the same time to withhold, from the Ex-Ministers, that sentence of appro- val, which the injured ever command at the hands of the just, and from their opponents,that rebuke, which is the reward of the aggressor and the slanderer, — is to hold an opinion which is utterly valueless ; it is to deny the sanction which is due to right, and to offer a premium to the wrong-door ; — to refuse justice to the " good and faithful servant" and to applaud the oppressor; it is telling the sinner that he may sin with impunity, and repent without restitution : — it is exhibiting to the world the spectacle of a public Body, presumed to be the con- centrated wisdom and patriotism of the land, conscious of the rectitude of their accredited public servants, and of the jnstice of the sentence pronounced upon them by their former masters ; — yet lacking the moral courage to act upon that opinion, and preferring the unenviable course of sacrificing the honor and independence of pu- T )e8 than n hand, tits pre- vail to 'discus- iquence jonsible its local inery of downing red the ges, un- med by of their )\r mo- [the ini- ch they emy: — time to r appro- s of the h is the to hold eny the remium >od and r; it is ty, and B world lie con- nscious , and of lem by jourage nviable I of pu- blic men, and stultifying the acts of their predecessors^ to a high-minded and impartial discharge of their duty, irrespective of every influence and consideration, save the dictates of justice and the honor of their country. . Remember the golden rule ! The non-observance of it no A will entail endless difficulties upon the country and its well wishers. Should your decision be adverse to right, the lesson will be recorded in indelible charac- ters in the history of your proceedings. In the face of such an example, and after such a disastrous issue to a meritorious struggle for the maintenance of your rights, what man among you, or in all the Province beside, will have the hardihood to take the helm of aff'airs ! The destinies of your country may be hereafter assailed, in perilous times, by political adventu;. jrs clothed with im- perial authority, and the utmost fortitude of which hu- man nature is capable, may be put to the test to enable public men to stand in the breach, in order to frustr^^ite the designs of tyranny. — ^Let the page of history which recites the deeds of the Legislative Assembly of Ca- nada, for the present eventful session, furnish an example that the public men who did not swerve from their duty to the country, were not forgotten nor contemned iu tne hour of trial, and that the eternal dictates of right and jusiicc were not permitted to succumb to selfish consi^ derations of human expediency, or the pressure of poli- tical intrigue. .{ . ..u.,i4 V .4 ,; J., i_ . . It is impossible now to foresee at what period of the session, or in what shape you will be called upon to in- scribe that vote upon the Journals of the House which will record your finding upcn the points now submitted to you. But come it must, — and your judgment must inevitably be that the late Ministers, — havtng been jus- tified in your eyes, must be upheld in their constitutional stand, and your confidence vnthheld from tho • e who have accepted affice in their stead, of whatever party in politics ;ind every man among you must then be prepared I ^ i 1 42 to submit the reasons of his judgment to the tribunal of public opinion, which, sooner or later, will reach with Its avenging hand, every culprit who deserts his country in the hour of trial. To that enhghtened and independent portion among you whom no earthly consideration can deter from the perfor- mance of the high duty which now devolves upon you,the present address is a work of supererogation. In wtiatever shape & whatever time the first decisive demonstration of friendship or hostility to the late ministry is made, you will be found at your posts, and "your judgment will be such as to ensure you, to your latest hour, the approval of your consciences, and the applause of your country. To such of you as may have taken your stand among the hostile ranks, under a conscientious belief of the correctness of your course, and whose motives and cha- racters are above suspicion, (for many such there are,) an earnest and solemn appeal is made, and the only Oh which propriety, and a due regard for your integrity and independence will permit, namely, that you will make up your minds after a fair and impartial considera- tion of the case, stripped of every foreign and sinister influence, and render that judgment which you yourselves would expect at the hands of others, were you placed in similar circumstances. But to those among you who are ever found marshalled on the side of authority, by whatever hand the sceptre may be wielded, — whose loyalty and whose patriotism take their tone from your official Master, whose life is but a tablet stereotyped in acts of servility to the *• powers that be," — and whose souls are impervious to the anathemas of public opinion, (for some such there are,) — to you I say, hold on inflexibly your undeviating course of tergiversation upon every measure and principle, save your single — eyed alle-^ giance to the automaton of the hour, Beware that you do not betray the caiise of the " Comp?^'*^ " and of your ^m 43 patrons — the tories, officials and fanatics of both sec- tions of the Pro /ince, by a deviation into the paths of truth and independence, but prove ye yourselves ever worthy of your hire. Above all pollute not the cause of freedom, nor transform an honorable defeat into an ignominious victory, by a union with her ranks ; for better by far to her cause the most humiliating failure, than a triumph obtained by such a damaging coalition. To one and all: — Remember that the eyes of the whole Province, — of all the North American Provinces, are fixed upon you. Should you, under the influence of motives of false delicacy, permit the liberal policy which has recently been adopted towards Canada, to be super- seded by the caprice, or the stolidity of the nominees of Downing street, and the intrigues of chronic provincial place-hunters, you will mar the prosperity of that country, of which the guardianship, in an evil hour, will have been confided to your hands, and you will re- commit its destinies, irretrievably, into the hands of the underlings of the Colonial office. Whereas by a firm and independent stand for your political rights, you will establish permanently in Canada, a Colonial cons- titution, possessing, like its revered prototype, all the es- sence,without the vices or the impurities of a democracy, giving the Colonies their legitimate preponderating voice in the management of their affairs, and under the anti septic influence of which, the Colonial Body-Politic will ac- quire health and stability ; and you will thus effectually consign the whole calumnious rebel tribe of Tories,officials and Compact men, to the Tombs of all the Capulets, there to expiate their sins of treason to their country, commit- ted underthe mask of loyalty to their Sovereign. You will mature that spirit of constitutional freedom, intermixed w?th sentiments of loyalty to the Queen, and of gra- titude to the British people, — the fruit of their enlight- ened policy, — which has just begun to dawn upon the British Colonies, prophetic of their future prosperity, and H 44 III I ■ If '« •1- II their permanent and happy connexion with the parent state. You will re-establish the credit ot the Province of Canada, on that high footing which every man of probity within its limits is conscious that it merits, and you w^ill rescue its peaceful moral inhabitants from the character for turbulence which their enemies have re cently, and most foully, been labouring to affix upon them in the eyes of the whole world. All this you will assuredly accomplish by an upright, straightforward line of con- duct, consonant alike to the dictates of sound loyalty and genuine patriotism, and inflexibly pursued, without fear of censure or hope of reward. And may the eternil prfnciples of truth, honoi and justice overrule your deliberations* ZENO. Quebec, 28th Nov. 1844. ' t* ..■■: ■' t ■ i! ■• .•■'.'■■ ■'•'-: ''■■': -.l] ';• '^' -^-•^^ 1."' ..;•-'..•;' '> :; ^ ■ ,-■ ■ „ ;u'ii V'- r 'fV'U. '; t: ,:,»! •nC7'l . i: i .•1M »1i '.'r_ t . ■■' ■ >!?;•!'' parent ovince y man s, and m the ve re I them uredly if con- ty and It fear ternil your ). ! ' *