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' ( M' ' i.' •■ ! ; j'^'4 \ ' . \' i iV ■ « fc' V ■ . (, " ■ ..^ 1 ■ ' r 1^ .';■•■■. FOR A eoriioratf oti ; OR A RBPLT.TO DIWVA80R ABTD OTBBlUi. WHO OPP08S TBB nraOBFOBATIOXf '!l OP ' ). ' ' ■ ■' w . . .( rRIKTGD BY N. MOWER, 1827. w ""•■■'■ • \ ■■■■•'■',•;,•;■■: " - ■••P: ft • » 3,,v- ■ t' t- 227TRODUCTZ02T. THE following remarks hate grown into a pamphlet, vhen their author firit intended them merely as an unsicvr to a netespiiper eommuniciiliun, on the aubjiiot oj Corporations. Thv author of " Uis.suuAOi" litiuy thd only person who has hitherto condescended to employ reiMon, as a mean of advceuliny the uegatire of the qm.ilion in dispvte, the motives oJ' oppoiilion to u Lenejicial measure, became tlius to n certain extent disclosed. Theae nrejreehj examin- ed—tried hy the test of first principles— ana of universal experience. This, on the other side of the Atluntu', would have proved a stiperjluous task, be- cause the correctnef^s of the iujereuces daJuccd from them, are universally acknowledged. Here, however, vehere principle and deduction seem alike over- looked — where assertion, at least, on the present topic, assumes the place of argument— av.d doymas are employed for proof ; the writer, at the ris:^ of be- iny tedieus, has quoted historical authority, and reJerrtd to constitutional analogy, as the fairest measures, by which the utility of the proposed Incorpora-- Hon of Montreal ought to be tried. lie regrets that eircumstances have prevent- ed him from consulting the anthoritres to whom he in different places alludes. This, however, is of the less conseijuenco, as the max'ims vindicated have been long cstotlished, and arc so applicable to all slates of society, that no verbal inaccuracy on his part, will oJJ'<:ct tlie sjbslantiul justice of the priuciplet /rout which they ar.i deduced. out ir tion. belor cstim ' givei u for reasc io hi IVEASOKS, &ic. jLBE pnblir journals hfivc recently contained some observatlonu, for and against, the ex'|»i:dicncy of incorporating Montreal ; and u good deal of verbal opposition having by a fow individuals in society been expressed, without so far, as it can be discovered that ex- pression being acconipanied by a shadow of reason, it had perhaps, been uncharitably concluded, that the opponents of the measure had embodied the fury without the inspiration of the sybil. Oracles no doubt have been abundantly poured forth by Canadian sages, predicting the inevitable and liital effects, which must result from the adoption of the obnoxious proposal. Oracles in Europe, cveu among the vulgar, have been out of repute since the fane of the Pythiuu Goddosii was trampled into dust by Alaric and his Goths, fifteen hundred years ago. However, force in the first place, and the progress of opinion in the second, might there induce, the sub- stitution of reason for blind belief, as the measure of determining the justice of acts, on the result of events, the same causes may not have operated here. It may be, that in the new world, in this age uf discovery, the process of ordinary reason is quite super- ceded by the infallibie Jiats of the human mac'ine, like the far famed mathematical instrument of Laputa, which thus becomou the mere organ, tliro' ^vhich the quintessence of wii^dom is ground out in sage apothegms, lor the instruction of an ad.iiiiiug genera- tion. This intuitive ; orception of truth, however, being a quality belonging to few, witLo; .. ihe labor of intermediate demonstration, to estimate the correctness of the inferences to be deduced from any given dogma, the publication of Dissuusor's letter may be deemed tt fortunate event for the disciples of the old school of deductive reasoning. Its author has at least, partially betrayed a disposition io have recour;3e to the exploded system of Cacouian dcnjcnstration^ KBAIORI rOR A COKrOKATIOrf «, altho* ita contents more gencrully lovour of (lie oracular school of Cannda. Still, tlie txperimcntum crucis, had been ntlonijjtod to b« applied, and us will bu shown in Ihu sequel, has reduced the jiro- poflitions of the writer a(/ (i&5un/Mm. iVniid the lurncs oflhoora* cular influence, it r.^ay be extracted from DiHi^uaiior'd cpintlo, thai the incorporation of Montreal, id iiupolitir, bccause-^-liiMt, Can.idd is a conquered country. Secondly, because that measure will bo npt to generate faction, and its concomitant enmities ; aiul liiirdly l)ecau9e, it is in itself premature. Thc&e objections will be cxami-^ ned in their order. The history of mankind has shewn, that when the fortune of arms has obtained for one nsition, the conquest of another, the surest mode of uniting the conquerors with the conqncred, is to abolish all invidious distinctiohs between them, to bestow upon all, «qual social, civil and political immunities. This tends to allay the feelings of bitter resentment entertained by the conquered against their conquerors — to assuage the feelings of mortitication and sorrow, their conquest may have caused — gradually to encou- rage free and unrestrained intercourse between the natives of rival communities— to assimilate their manners and language, and iu time to obliterate those national distinctions and pecularitits, which, ■while they do prevail, generate perpetual discord, and foster op- posing prejudices. So long as these continue to exist, the justice ;ind expediency of public measures, are not tried by thiir roal meritSj but by the supposed, and separate interest of a divided people — by the means of gratiiicUion they furnish, for the indul- gence of mutua* antipathies — by the safeguards they establish for the preservation of the monopoly of civic and jiolilical autLuiily to the dominant party, on the one hand ; and the chances thoy may bestow, for overturning exclusive pretension, and pobscstiion oa the other. All history has shewn, that this mode of proceeding is alike natural to individuals, and parties, because none like to re- linquish what is possessed, and none wi.-ili to be excluded, from a participation of privileges to which they have an equitable claim. V>y such ujcans, ho'.vevcr, one party i? gratified and enriched — the other is mortified, and it may bo impovori::hcd. It may prove con- i-iiljnt v,':th the interests cf the few to oppose an e(iMa'.ifv cf rar- 1 to a CO ^j to SCCl •'• protec HCASOKi rot A voRroniTTOT. liar (cJiooI of loniptod tu b« iced tlio jn'u- es of tlio or.i- cj)Utlo, (hilt •fust, Can.uld isuro uili bo ; itiul thirdly kill bo txauii- lu fortune of anoduT, tilt! 4 ;i croc I, is to ijw upon idl, cuds to idliiy D conquerctl niortilicalion ly to cncou- ives of rivul . Dtxl iu time tits, which, d fostci' op- the justice y thfir real •f a divided !• the inJul- ?st;ibli.sh fof itutboiity to s tlioy may sscsbion ou •occcJiii-i; is ! like Uj vc- Icd, from a able claim, idled — the prove coil- if'.' cf lar- tiripition, in nil civil nnd political immimitlcf. It M certainly fur "ij till' inleretits of the nhole, that these should be univorsnlly, not \ oii!v in nunc, but in substance, enjoyed. ' Wo have the authority of all the lioman Ilislorians, from Liry , ('o'.vD to Fro'opins, for inferrinf^ that this wao the policy, which, ' ti a certain extent, the government of Home, for nine op ten centu- ries wisely pur-ined. The principle of a representative Government '; was not co n[»rc'iendod by the ancients ; but during the existence I of t!ie Ilomim republic and empire, it was common to confer upon ' c/mfpiered districts and cotmtries, the privilege of Roman citizens. It wan al.so common to leave the local government of cities to Ma- ■ itislrarcn appninfed by the inhttbitarits — to preserve to them their civil and reli^'jmis privilege? ; and even, to install their Gods ' ,"mon2;-t]io<5e of the Roman Capitol. It was common to appoint B their judicial I\Iii5istracy from among themselves. It was common I to secure their properties and persons by the same sanctions, which j>rotectod those of the citi/ens of Ronie. No doubt rapacious gov- ; ernors oci'sinimily oppressed, and we h:ivc a memorable example of the f ict, in the ca^e of Verres, who will live in perpetual infamy in the iinmrrt il oration of Cicero. But generally, the interests of ' pociely v'?.ve contjultcd, and an assimilation of m.mners. lunguago, and customs grew out of the international connection ; and thus . th.' ])enf^iUs of conquest were secured without its odium ; nnd a wise and am!)itious p.">ople were enabled to extend apfl consolidate a , mi:;Ii(y empire. Their power attained ; and their enlightened policy i 1 fk^cured its preservation. A suocf.ssion of barliari.in hordes occupied and wasled in Rome's d«'!cl;nr', the ]trovinces of the Kin])ire. Thry exerci:^ed wantonly,- Ibe miscalKd riglita of conquest ; and violated the hnvs of humHnity. Tlieir power was thus estal)lished on a perishable foundation, because Ihey piliaged. persecuted, or slew the suffering people. The next tide of barbarians cnsily defeated their impolitic predecessors, soft- ened as they were, by the luxuries which conquest had secured, or enervated by tlio inlluence of a more gonial clime. A " Gens Garinttna furitatcfcrociore,^'' accordio'; to Velli(!ia, by a more lib- oral policy secured tlic permanent ceriquest of Tpper Italy ; and tJie Lom'-ards to the present day, give a name to one of its moat i i\ i nFAsoN'^ roix a conponvijot. rxtcngire provincri. They imitnlod tlio Ininiano and ciillRlitoiUMl policy of thn RomnnH, uiid ubtuiiicU nn Eiiipiro in gaining tliu nfTnctionH of the people. Upon the conqucHt of En^lnnd by William T. in tOCC, the rights it conferred produced the niost ji;ricvouM wrongs. The people were opprcMcd and persecuted. Their soil wiw seized — their property plundered. The power of the Haron deprived the Crown of au- thority. The strength of the former, was the soiirre of the weak- ness of the latter. From this cause sprung the rights of the people. As a counterpoise to the pretentions of the Barons, the towns ob- tained political immunities from the Sovereign. This gave them weight in the Government. TArt< secured them in the privilege of reguialiug their own local interests, through the medium of civic corporations. The merit of the Barons atliuneymcde, who forced from John the Magna Charta of our rights, is not to be disparaged ; but it is but too consonant with the scIHsh feelings which arc known to control the mass of mankind in all stages of society, to presume that these Barons pertinaciously clung to the substantial power they possessed. Indeed the history of these times show how unwillingly they recognized the political and corporate riglits, which a counter- balancing interest on thn part of the crown had been the original cause of conferring. The Barons of Henry 1st deprecated the ex- tension of popular rights, and civic privileges, because the Anglo Saxons were a conquered people, and should not be permitted to regulate their own affairs ; and now, after the lapse of seven centu- ries, the same doctrine is propounflcd in Montreal. The testimony of Ancient History is against its admission; the authority of the earliest English annals is opposed to its adoption. Even in those early times, three centuries beforo the discovery of the art of printing, the descendant of a conquering monarch deemed it expe- dient to confer upon an ignorant community political and corporate rights, and the greatest advantage resulted from their introduction by the general content they diffused — the means of practical oppression they removed — the stimulus to industry they awakened — the ultimate union of the descendants of a rival people in the cause of civil li- berty, they occasioned. What would a contrary policy, even in those rude times have caused .'' Oppression, degradation, discon- t'hfl jirirj Opel iii(l(l liavl ponl libe ncASors n r. a conronvTio.v, nd cn]ig1iloiH>- m;m in England, was di^^poseu to play the tyrant in Canada, This is alone applietl to the author of the Epistle in question. A gov- ernment emanating from the British crown, is well l-ob.'r '•aldh'tion- of hi'- reason, 'n)iiceiv<'.i v\ '. 12 REASON! ron A COnPORATION'. a " town, the population of which is mixed iind divided, deriving its origin from difl'erent and once hostile nations, where one portion of its population, by a swinging majority outweigl ^ the other." This, so far as Englislj and Canadians go, is williiV con- ceded ; ai.'l it likewise may be allowed, that some of the J./iglish have not abandoned the swaggering tone of conquerors, that the Canadians feel resentment at its expression — and that, in some in- stances, the latter from feelings of party have opposed measures good in themselves, and likely to promote the interests of the peo- ple. But what has this to do with the present question, one of mere police ? Suppose that an English minority proposes to obvi- ate acknowledged defects in the condition of the town in an incor- porated Common Council, and that the Canadians (whom it is to be presumed .are people of ordinary sense and understanding, as anx- ious for their own security, comfort and convenience as other civiliz- ed human animals,) direct their representatives in council to oppose the grant, from the expenditure of which such advantages are to result, can this decision make matters worse than they are ? The sensual organs of the inhabitants, independent of their understand- ing, will answer the question. The dumb and irrational creation, give it a practical answer. The moment they enter the city, their legs totter, and their nostrils snort. What will the ironical de- claimer upon human perfectability say to this ? What has so gross a matter of sense to do with his metaphysical abstractions of man exceeding himself, when in reality he should be less than himself, and even deprived of his animal qualities, to feel at ease when triversing Montreal. The town cannot be in a worse condition, and it therefore becomes the opposers of the projected incorpora- tion to propose a remedy. The one suggested by Mr. McGill is the constitutional remedy ; but suppose any other be proposed by the enemies of incorporation, what will be its probable fate 1 One of the branches of the Legislature, by whom it can alone be enacted, is composed of a great majority of French Canadians, and if any deductions can be inferred from the allusions or enigmas of Dissua- sor, (opinions they cannot well be called,) no such law a fortiori to the case of the people refusing to tax themselves for thff Town's improvement, will p^ss. Sur'i a 1;nv will involve a grant of money I : 11 REASONS FOR A CORrORATION. 12i idcd, deriving s, where one outweigf ^ the ! wiliio oon- of the : ..iglish ;rors, that the it, in some in- Dsed measures sts of the peo- jcstion, one of iposes to obvi- n in an incor- liom it is to be nding, as anx- s other civiliz- incil to oppose antages are to y are ? The ir understand- lonal creation, the city, their e ironical de- t has so gross itions of man than himself, at ease when 'se condition, id incorpora- \It. McGill is proposed by fate ? One of be enacted, , and if any as of Dispua- a fortiori to thff Town's mt of money from the control of the expenditure of which, the citizens of Mon- treal arc to be excluded, and such a law, it may be proved from Dissuasor's own admissions, will be rejected. Thus : If the people of Montreal are so '• mixed and divided," meaning, it is to be presumed by this verbal contradiction, that upon the whole thoy are hostile to each other, a correspoding feel- ing, if it proceed not from local causes, will pervade and animate the remainder of the English and Canadians of Lower-Canada — The general tone of the author's remarks, shews this to be his meaning. Such being the case, it is abimdantly evident, that the Canadians elsewhere will sympathize with their brethren here — that their representatives in the lower house, as derived from this body, will share their feelings, and as a consequence a more objec- tkanble measure will be defeated by a Legislature so constituted, when a less would be resisted, from Dissuasor's supposition, by the Canadian inhabitants of Montreal. This mode of argument may not exixctly quadrate with the oracular system, but yet without re- ferring to the Baconian, the Aristotelian, or Syllogistical, will prove the fact. Thus : The Canadians and English of Montreal cannot agree, because they stand in the relation of conquerors and conquered. The Canadians and English of all Lower Canada stand in the same relation. Ergo, neither these inhabitants nor their representatives era agree. Q,. E. D. The first argument, or rather assertion of Dissuasor, has now been examined. The second that the incorporation of Montreal will prove impolitic, as it may generate and perpetuate enmities, falls to be dincussed. It will be conceded by all men who have examined the structure, and traced the progress of political society, that public inquiry and (hscut'sion universally elucidate truth — allay prejudices — extinguish enmities, and, in the end, make men aware of that policy and those measures which may prove most conducive to the general good. The History of the British Government is an evident illustration of the accuracy of the foregoing proposition. Take a few examples. lliimj)den's re>ii!!l-.mcp to the payment of ship-money established Iho (•riiirijflo, th.it fli" Commons poi^sossed the exclusive right to ori- 14 REASONS FOa A conponATiov. ll'' ip ll ginato pecuniary grants. The principle of the Habeas Corpus Act was for a hundred and fifty years resisted, till it passed dunn;; Ihc odious reign of Charles II. — one, as Mr. Fox somewher* remarked, *' of the greatest theoretical liberty, and the completest practicid despotism.'^ The riglit of dispensing with the laws was arrogated, as a function of the indefeasible prerogative, but it cost one sov- ereign his life, and another his crown, before it was abandoned. Popular discussion matured the public mind, for the reception of the Bill of Rights, and enabled preat and magnanimous statesmen to secure their enjoyment, at the hazard of their property and lives. To come nearer our own times, Lord Castlereagh not twelve years ago, declared that however free constitutions, might suit the meridian of England, they were as yet imadapteJ to continental nations His able and patriotic successor Mr. Canning contemplating like a philosopher the changed character of society, and giving like an enlightened statesman form and action to the opinions it has im- bibed, has acted upon principles directly the reverse ; and hardly four months have elapsed, since Great Britain has guaranteed the free constitution of Portugal against the interference of Foreign powers. No man of sense and information to whatever politi- cal party of the State he may belong, disputes noia the ne- cessity and justice of the political principles embodied in the three first of the measures alluded to. The last is of too recent occurrence, not to alarm the fears of the timid, the abuse of the ignorant, and the prejudices of t!ie intolerant. All men know that the rights embodied in the three first, not only generated political strife, and private enmities, but in their acquisition deluged the Kingdom with blood, cost millions of treasure, and compromiscfl the domestic and social happiness of succe.c5ive generations. No great public good has ever been attained, but through the metiium of much intermediate private misery. Those limes have luckily for us long since gone by ; yet in the present condition of Ganadinu society, it is equally conceded to Dissunsor, that no minor public good is likely to be obtaineil without mutual misunderstandings, enmity, and abuse, such is tiic frail and self-sufiicient chanictor vf human nature. But such (liircrencer- a|)ply only to men, and iiol l-o priu'-iples, and ciiiinot jM.-lily llio inference, tliiit tbo !aM r .M RF.AS0N9 FUR A COKPOHATIOK. 15 boas Corpus Act assed durinj; ilw. ?lier»rernnr'{ctl, plelest practiciil 3 was nrroguted, it cost one soy- was abandoned, he reception of )us statesmen to pcrty and lives, ot twelve years mit the meridian ;ntal nations smphUing like a J giving like an linns it has im- •se ; and hardly guaranteed the ice of Foreign hatever politi- I now the ne- ibodied in the s of too recent je abuse of the men know that rated political deluged the compromised orations. No the medium of ve luckily for of Canadian njinor public idcr.^tandinns, cut character to men, and ii;it ihi) .'all r ■1 . ■ ■^re to be sacrificed and the public benefits they secure, merely because men •will differ. If that be a correct political maxim, >vhich Mttchiaval himself has never even espoused, then the corollary to be deduced from it is, that despotic are preferable to free governmt .ts, both in nations and in civil communities. Such a principle requires no refutation. Its repugnant character must , \ni apparent to idl. Dissuasory however, has pretty broadly signified, that the Cana- dians and English mutually dislike each other, and from that fact Would it is pvesunied infier, that in no public measure having for its object, the benefit of society would they be likely to coalesce.— If this be his meaning, (for it really is difficult to extract one from Ihe obscure cloud of vaticination in which his opinions Jire en- fchrouded) it proves too nn; ii. It assumes the necessity of the interference of some constiuited authority to obviate the evils, Irhich he himself at the conclusion of his letter acknowledges to ^xist. That power, all are aware, by the constitution of the coun- try is vested in the Legislature. The majority of the popular 'branch of th-.rt Legislature, from whom alone the remedy can pro- teed, is composed of the representatives of those men, who accor- ding to him are sure to baffle the object for whicih a corporation is demanded. If such be the case, they will be much more likely to oppose any other remedy, whose principle implies the renun- ciation of the right the exercise of which, they were from their dislike to the English, or from any other cause, sure to abuse.— ■Whether that power be icquired from the magistracy, or any other specially constituted functionaric?, the consequence will be the lame. The Legislature too on public principles, as has been already shewn, are more likely to oppose amoney grjint emtinating from themselves for a lacal purpose, when the distribution of that grant is at the same time to be put beyond the control of the peo- ple, for whose benefit it is professedly intended. The abuse of a good principle is no argument against its use, and therefore none against its recognition and adoption. Much leps is it to be inferred, that because the public discussions to which its examination gives rise, creates difference of opinion, personal ilrife, and even according to Dissuasor, occnsional family dis- 16 nEASO.VS FOR A COIVPOnATtOX. ill { i I / '*!' fionsions, are the advantages it confers, from such coiiBidoratious to bo dis regard ed, and withheld. Such no doubt has been the con- venient argument of all tyrants of every age, and country. But surely this is not the era, nor this the country, incorporated as it is, with the British Empire, where so stale and oft refuted r.n argument against the cstablishmcr.! of popular control as a barrier to the abuse of irresponsible power, or a negligent direlection of of public duties, can be successfully enforced. Responsibility to a distant, and to a comparatively little interested authority, has been found in almost all stages of society, to be tantamount to an exemption from dependence and control ; and where a surer and' more censorial superintendence can be imposed ihi'ough the medium of the people, deeply interested in the discharge of incumbent duties, it would evince the extremity of rashness and folly, to prefer the former to the latter. The latter alternative however, the opponents to the Incorporation of Montreal must prefer, if they do not deny the necessity of some alteration in the mode of regulating civic aflairs. This no doubt, might be coolly denied elsewhere where no seiisible evidence is presented for the necessity of such a change ; but he would prove a bold and impu- dent man who hazarded a contrary opinion in Montreal. If per- fection existed, either in the nature or the institutions of men, the necessity for civil anc.' municipal government would of course be superceded. But as it docs not, the contingent evils resulting from the recognition of a beneticial principle, will not be deemed a legitimate ground for its rejection ; and for the same reason the inferior benetits, flowing from the operation of a bad, will furnish no ratoinal justification for its introductiorl or perpetuation, if it have already been unfortunately established. These ."^'lernative considerations as applicable to the condition of Montreal, demon- strate the necessity of a change in its civic administration, because more public good must be reapt by public examination and popu- lar control, than what will be sacrificed by occasional differences, or angry discussions; and also because more public evil must arise under the prevailing inactive regimen than what could be suffered, from the nominal tranquihty it insures. The silence therefore which an arbitrary administration imposes is: no argument for its ncASONs FOR A conronATio.v. 17 I consideralions to has been the con- nd country. But incorporatod as it nd oft refuted nn ntrol as a barrier jent direlection of Responsibility to ed authority, has be tantamount 1 ; and where a ; imposed through the discharge of ' of rashneiis and : hitter silternative )f Montreal must 2 alteration in the , might be coolly presented for the a bold and impu- [ontreal. If per- tions of men, the uld of course be it evils resulting not be deemed a same reason the bad, will furnish lerpetuation, if it rhese p'lcrnative 'lontreal, demon- stration, because nation and popu- ional differences, ic evil must arise :ould be suffered, silence therefore argument for its support, bociiuse its continuance implies the. siipprfssion of the opinions, and absence of the control ol'tht; peopk'. The desideratum of Montreal seems to b(!, that tlier'.' exist;* no , estubli.shed authority to raisa money, (o in;miirosumed his friend.?, woidd n; vf rlh(:ii';'.s exchidt; t!ie most intelH- j^ent of those, who suffer iVoin tlie evils proposfd to i.-o roinoved, from havinr a voice in the en;;ctinciit of tiii* iiieui-ures nio^t iihcly . to accomplish their correction. This iii.iy !;■> ';oofl on- litiitionul doctrine in C;>iia(l;i ; but in Eiighuid it h.ipiien < to be c died tyranny. ' If Dissuasor and his more jiniilnnt tacihun suj^ivoricrs viM'ball/ maintained, that the iiitore&is of li;e English liiiiiority, should be ■preferred to that of the Canadian majoriiy> then Ih;-^ i;io«niiir^' l)^^^]ch 'an arguinentum ad hominoin, hov/ever avov.'crJly contv-iry lo the .general interest.^ of the comniuuity, would be understood. lUit then his principle, if principle it can be called, leads to tlie intl^r- . ence, in conjunction with the consileration.? already submitted, thai all must suffer because nom must be hcncjlted. . It only remains to make a fov/ obscrvalicns upon the third reason or assertion, thft the measure of incornoratin:!- Montreal \a premature. - ]\Iontcsrjijiou has somewhere remarked, with the acutcncss and 1 discrimination which belon;f to his character ••that the proorietv of a secret proceeding is generally doubtful. When men therefore withhold their reasons for opposing a pvo])osed public measure, in the face of tlie community, it implies little tvant of christian char- ity to question the purity of the motives, or the reasonableness of the cause of their opposition. No man will question the puritv of the motives, of the sage whom Dissuasor has quoted. That hia personal respectability puts beyond the glances of the busiest sus- picion. It is however much to be regretted, that the wish of an ancient sage had not been realized in the person of his modern broth- er, and th.at a window hud not bften placed in the latter's breast to ascertain what his reasons were for opposing the wise and judicious' principles so ably expounded by Mr. McGill, in his eloquent and tmanswerablo speech, delivered at the public meeting ten daya 18 IEASUN9 V'UA A I ORPOn iTIOlf. Sip), The miml of man not la-inj; transpariint, nor any other n ...nff oftliscovcrin;;; his thoiij^Iils bcinu; alVonli'd, sa\i' through the vnl- jiurmodiniii orthclongiic or p^-n, tho imuidod reason of hourers was of conr<(' unal»I«^ to ju'iictrale th - (hriigoon of sagacity, in which half a C'ntnrv's ui.sdoni and (?\|HM'iv'ni'(! uoiv deposited. Mob of meaner luinils have ihereloiv. oid_\ Ihe lightf* o( their Own imper- fect uiMlerMtandiiij; to esliniate the general reasonableness of tliat ii to the incoiporaiion of tiie town. it li then to ha remeniht'red, that (i»e chief object of the incor- woraliot; of cities is the proiiiotinn of liii; jffnerai peace, interest, comfort, and v:ocnrily of its iidiabiianls. Tills is b(!st >tilutionaI lawyer, by Hie ost.ii)lisli:iionl "oi" n coetrive power adequate to create asnih- cient oI)li;';atioi>." If lliei'o lie no such authority reposed in any t;!von lociety, bow can its gi^ntMMl interests, privileges, and rights be pruniute;i, gii.inli;! fir secured / The nocessily of the power hein^;- airpareiii, (*!lV,'(':s iiin-^'! be appointed to pot it into action. No siiv^K; unauthorized ii!;!ivivliial ))(i>.-ess(.'s tlie right of i>ronioting or dofoiuliiijj, the int"ro.«ls of a coiiiinuiiily ; and besides, most men i'ce tleficient in inclinution to perl'orm an unaccredited [tublic 3 of antiquity tlio fi>;nider loo, of the laws which govern tlie intercourse of nations, a-id the regulation of religious obser- ' vuucvs, NuiiM, ua:) oi'tho ■.vis'jst Ki:ig« of Ancient Home, thought' nr.iioNS ror. a rtir. roRATiot. I!) rs was which If a of )<■ that ^HfTonMUly ; nnrl in an ou/ly iind iiini|tlo BtaN^ of socii'.ly iiv-iUhI h rivic cor|niriliofi piitirely iliijtiMrl Irom lli'^ '.^'ii'M'al j;nvoninii!|it,ov«'r which hn presided. lif did it to') for tlic very r-'aKon, lliat th«' iin'or|»or;iti(iti of thl.^ lowri appu'irj to be opposed, liocatifu tho popu- lution of KoiiU! vv;is coniposod of ji hoslilo pcopi". I!i.< s ij;:irity forsiuv th.if th«! best mode of ('\'t!ii;';iiis!iiiiir rivalry ;md ii-Jsiinjuinj!; sti'ifv was th'^ constitution of a cnrporuto bo«'y, Vthcn; its horitile niembors tni^ht display llieir iintipalhicH in wonW iii«fead of bh^wa, awfire that tht; reason itf l!ie prudent and the wIhi;, (wb.ich in th(! end always prevails) woidfl provo the sonrcf, from wbirh public, benefits would eveiitiially How. Tliis Pieasnro was doiibth'HS ac- complished ill a sniTiciently j>rt' mature st itnii be.",:ui to d;ivvn upon benighted Eu- rope, the feudal soverei-rns sav,' the necessity of forming the inhabitants of towu;; into corporation:, for tlieir municipal govern- nent:^ ; and belbre the elev. nth century had expired, the authority of History attc.-l?, that the greater poilion of the continental towns were incorporated. This renunciation of aibitrary power for the public good, is highly creditable to tlie princes by whom it was conceded ; but though rude and unlearned they harl capacity enough to discover, that the local government of particular towns were best intrusted to its inbabitants, and had likewise the self denial to act upon that conviction. In some cases, as has been shewn, in the first portion of these remarks, the motives were not of eo di^iaterestcd a character, but 'ii many, they evinced great mag- nanimity in sacrificing a portifn of the prerogative they could not benoficinlly cxerci-^c, for the interests of the people. And yet after tliis v,e arc to be told by Englishncen in America, that the town of Montreal in a period of peace, industry, and intelligence is unfit to enjoy in the 19th. the civic i'.unuinitics which the inhabitants of Europe obtained and exercised in the 1 Itli century, because it is premature. It is about as premature to assume a winter garb, when the (hat i^ani nge> upo inte tier till- of chi REASONS t'OK A ( UHroRAriON*. 2! VHge the tliit mi- (ia? lind fire hy only lOSU ion. in- )r- iind Cor- llic Tlicrmomctor in '.'() Ix-lmv zoro. And it is likrwiso pri'dirfcd, lliittthc eiilii!;lit. ned ;;(tv«.'rninont of a I'rili^li ('(iloiiy will nifuso to sanction a incasiirt', wliicii llic, despotic »ovc;roi;'-ns ol" llio darker ages spontancousily l)i!Htow»'(l upon tlioir pr-oplc. VVIiat a li!)el upon Knglish huniiuiity, intclli;:;inc,o, and liliorality ! ! ! Ai)pualinp; then to cxpcricnco and common sense, is llio jiiUition ])i'ayin}; for the incorporation of tliis city promaliiro.'' The united voice of intelligent Ivirope would reply in tlio nrj;iitivp. Willi the excep- tion of Dipsuafor " and some ten follo'.vers of Ids own" jud;j;ing from the recent proceedins^s here, America would responrl the opinion of Europe. The very SMva2;e^ of the i'djaccnt woods have their chiefs an (councils to regidale ttie local coiu-erns (d'tluir woodland villages. Are the Cai;a(',i:ms iidi^'ior to ti;em, and less cnj)aldc of governinf; thetnselves ? Civili/.ation spurns the idea. If the prayer of the Montreal p(Ui(,ion be rct'used, the lej^irilature will deliberate- ly express their opinion, that tlic Canadians are un'it for fliachar- ging a duty for their ov,n advantiit!;e, which the inhabitants of Eurojte were thou;2;ht (jiialiiied to perlnrm three centiiries boforR the art of printinir w.rn dii^covforf i! — when Kings could not write, when B.iron^ could not uad. and when of course the people were devoid of all lettered acquirements. .Slill the perceptiims of sense pointed out that clean streets were preferable to dirty — smooth ways to rough — parallel buildings to irregular and confused masses", neat harbours to filthy shores, — safety, in short, to danger. — • Their own untutored sense secured the means when they obtain- ed the power to provide for themselves such objects of preference. That power is all that the inhabitants of Montreal at the jiresent day want. It won't do to dogmatize, and denounce the application as premature, unless the nuisances arc removed a.id the defects obviated, while the dogmas are in the course of utterance. Let it not then be said, that the self arrogated wisdom of a iew Anglo Canadians is greater than that of centuries of experience, of the accumulated wisdom of man in ages alike simple anfl refined, of the testimony of common sense; and of the j)er3onaI observation of every intelligent European. These observations, which have been extended beyond all or- dinary latitude, from an anxiety to exphsin the grounds upon which 91 lU'.iSo^H fOK A tonPon.iTiot. ^he inctJrpoKition of Monlronl i« required, mny be conclu.it'd willi H few remarks upon tlio nf)V»il and aliirming doctrine wliich hun been recently proponndod, that .ill piiblic o(Vicor«, nnd especially MngistriitC!*, aro rf(|Mirt:d as a preliminary cpialiricntion t(» o/fice, to plcd;;o tlionisolvos indi«rriminat«'ly, to lupport the measures of every executive ndi.iini-tration. At homo such n doctrine would be treated with silent contempt ; but we arc not in England, there- fore it inu«t 1)0 noticed. The principal uhjoct of the Law of the Land, is the prcsorTotion of the peace : tor arcordmg to t)ie alilrst ol'onr constitutional coni- montatoriJ, " reaco in the very nid and foundation of civil society.'' The Executive, Legislative, and Jui'icial brnnchcf of the Govern- ment in all free conununitie^, are iii-i'oarably dividt'd, and on tbo latter devolves principally the prc>.i iMition of that peace so indis- ]»on9iblc to the security, intercut nni comfort of society at larg^?. The varying; conlcnliofiH of men — the lio«tilo collisions of personal interest — the dictates of passion — or the stijrgestions of prejudice, produce claim* and olVcnces, gratluiiti'd in decree from the moat insignilioant and vrnial, to the niou important and bonious ; and Hiich connidcrations impose the nccos'iity upon the government, of appointing a nunu;rous body of Judges and Magistrates, to administer that justice whieb the passing exigencies of society demand. — These administer the bv.vs ax thoj r.n'sf. Some are recompensed j the great majority are not, save in tlie approbation of their own conscience:', or the jiraise of their fellow citizens. In their indivi- dual or civil ca|)acity, they may condenm or oppose any new mea- Siire or Law proposed to the Legislature by the Executive Govern- ment, or commend or support such as may be, by the latter con- demned. As soon, however, as such proposals are enacted into Laws, ofcour-i, ^ 'itizens they are bound to obey them ; and as Magistrates to punish their violatN ti. F»ut does it follow in the first place, that these men arc enemies to the fundamental principlts of go-cernmeui , not in its v uigar sense, as ap])lied to the Executive ad- ministration, but in its lilieral and coii';tilutional, a? applied to the grantl dopoajinrv of our rigbl'- in the Lcr xrriptd ct nnn scrt'pta of the Ke.dio, b:''^;:ii*e tliey op]>o«e the parllrulnr acts of a given ad- lumistratiuij ; or I)e( .iw.-e tliey pi-opi.sc a remedy to ackiioHlcdged KiAtom roR A coRronATioir t:f y tviih priiilly (o/ric»', Ires of |«voul(i |lherf5- oi isiippoAcd defects in the eonstitiitiuii '/ Their oppoiition to tlin Rxt'i.iilive, whether right or wrong may be dictated by the huiiefft conviclioii. that ita policy is contriiry to the principles of the con- stitution — (Irrogatory to the dignity and pi'crogutives of the Crown, or inimical to the best inter«8ts of the people. Or does it follow, in the next place, that Huch men are to be arliitrarily dismissed from the Magistracy on they/a/ of a Minister of tlie Crown, because on such }; ">ands, tiiey have dured to impugn his infallibility, or to have opposed his measures / None but un obsequious dependent would maintain the aHirmativc of either uf these interrogatories. — If Ihcyare to bo maintained, the civil peace of society is not only cndang(M'ed, by the given popular discontent such arbitrary acts are likely to proiluce — but is likewist; compromised by the unwar- rantable dismissal of so many useful and meritorious Magistrates. Thus, suppose that one half or one fourth of the Justices of peace of any given county in England were opposed to the existir)g ad- ministration, (and this is uo imaginary calcul itioii,) ;iiid that tlie minisUT in co)i.s:!(|uence erased tlioir names from the conimissioir of the peace. The re;iult is, that for the gnUilicition of his own persoiiid resentment, he rouses the discontent of the people by an unconstitutional act, and also wilfully narrows the boundaries of that depositary of wealth — talents — integrity and hitelligonce, fiom which the supply of these indispcnsible public functionaries are se- lected. N J liritish Minister (lares, and none, it may well be pre- sumed, have the inclination, in these days, to have recourse to a measure equally ini})olitic and oppressive. Such an act would be tantamount to the acknowledgment, that political enmities were to be gratified at the expense of public good ; and would imply the avowal of the principle, denied even in the worst periods of Eng- lish historv, that Government was constituted for the benefit of rulers, and not of the peoi)le. Such an abominable doctrine has been unifurndy disavowed, allhough in these latter days, there ap- ])ears two exce|)lions to the general disclaimer ; the dismissal of the Duke of Norfolk frofu a Lord Lieutenancy in 1798 or 9, and that of Lord Filzwilliam from the same ofiice in 1819. Two of the weal- thiest and most independent of Englisli Noblemen, high in charac- ter, and uninipeachablo in integrity, uxTe 5fo treated at seasons of pub- 94 ukasons for a corpor vrroi* lie distress an;l .Uiirrn. But it inriy be inf.u'rcil. that when plenty and contidonco )vorc restored, that the advisers of thoac measures were heartily aslianied of their adoption. At all events, l]i;:eptio ])roh(U regdiiin. The former of the:>o Noblemen dicnl the iViendofhis present M;ijesly. Tlie latter was ionL; in bis confidence. lie is yet an ornament to the Engli£h Pceraoic, and an honour to humani- ty. DlHerent principle-, t-annot apply to Cana-iii juuI to England, nnd if they did, th-j Pfla^ist rates hen;, in their conduct upon the j)resent occasion, could neither become the object of the Govern- mont's jealousy or resentment. Their object is exclusively the improvement of Monlreul. The means of obtaining that end hare been already stated. They iotcrfera not with the political admi- nistration of the country. They deserve well of their fellow citi- zens. Mr. AlcGill in parlicubir, is "entitleil to their best thanks in having ori,:;inated the; prnpo?al, and for having so abj^', discreetly and eloquently moved the ri;i,oli!tioirs at tlu puidic meeting. The Executive (iovernment is liberal and vt'ise The measure cannot but ssiccc'od. Fiat jicilijlu mat cocluin. <( flD-w-v *_;- ta-\.-* jR Another oracle since the preceding remarks were Vvrittcn, has given the benelit of his talents and acquirements to the enemies of incorporation. As this new champion has entered the lists, under the banners of the Kind's arms, his dogmas may be brielly noticed, as his gorgeous shield might dazzle, where his pointless lance fails fails to penetrate. Me in the first place, generally admits that corporations have done good both in Europe and America, but as might have been expected, infers that they are totally unlit for Montreal. It may be remarked, that all men are good historical whigs ; or if that be a disputable term, friends to the rights of the people. It is only, when sinister interests interfere whh indisputable principles, that the latter are attempted to be oi)poscd. Hence rant is used fov RJtAfiuNS KUlL A ( (JlU'Ui^iTlOtr. 20 reason, by the advocates of such interests, not because these men are senseless, but because they are in the wrong. Thus in the present instance we have it admitted that, in incorporated towns mens' "time and attention" are directed to the promotion of the public welfare, but then the wary defender of things as they are, has omitted to state the cause from which the beneficial dedication of that " time and attention" proceeds. It required little shewd- nfess to infer, that the municipal constitution was the cause of that ** time and attention" being thus usefully employed, because in that constitution the corresponding duties are defined, the means of appointing officers established, and regulated, and an efficient con- trol, and responsibility imposed. Public and not prh'ite interei»ts are attended to, because the principle of all representative govtirn- ment political and municipal, is thus brought into action, of lenvinc; little or nothing to the discretion of individuals, and every thing to the determination of fixed and definite rules. It thus necessarily be- comes the private interest of a public functionary, however selfish or corrupt his individual character, to discharge the constituted obli- gation his acceptance of office, is the means of imposing. Discretion is the parent of tyranny, and wherever it exists, ought if possible to be superceded or put down. When too, a more efficient can be exchanged for a less effectual control in the performance of public duties, common sense dictates the preference of the former to the latter. These are maxims, saving among the oracles ht re, universally acknowledged to be constitutional, and apply as has been elsewhere shewn, infavorof the incorporation of this town. How then does the champion of the Gazette get over their actual application ? Not by disputing their correctness ; but by begging the question, and assuming the existence of an evil principle which is to render unavailable their application here. There reigns a faction in this province, he authoritatively announces, which is Jhe enemy of all public good, and which alone seeks its own aggran- dizem^ent at the expense of the public interest. Political writers of the best authority, have defined a faction to be a combination of wicked men, few in number as compared with the body of the peo- ple, abandoned in principle, restlcs in character, mischievous in design, and pernicious in action, the enemies of the public liberty an REASONS roi; a CORroftAT^ON. security nnd peaco. Catiline heeaded a faction, when he persecuted the Bishops, and att^'.mptvid, vainly, thank Heaven, to dispense with the Laws.— Cobitot he'rids ?. faction, but is to be hoped one without a body, or a t.Vil. Sir Harcourt Lee§ heads a furious, and would be extermina- ting fiction, innocuous from its violence, and dispicable from its talents. A faction then, is composed of a restless minority of the people, who from deficiency of principle combined with consis- tency of action, possiess the inclination, sometimes the power of committing public injury. The voice of the majority of the people IS not the expression of a faction ; but when communicated, through their representatives in a free state, becomes the gathered opinioa of the nation, legitimately uttered by the constitutional depositary of that opinion. Apply such a definition, not that of the writer, but those of Locke, Bolingbroke, Hume, and Burke, and from their authority become a constitutional axiom, to the state of parties - here, and watch its application by the oracle of the Gazette. The faction of which he speaks, is the majority of the people deliber- ately acting through the constitutional organs of those opinions in the House of Asseihbly. It is easy to assert that private interests regulate the decisions of that body, as easy, and about as fair as to aver, that similar motives controul the decisions of the Executive Government. Such is the mere abuse of dscl-'imers. But sup- posing the assertion of the oracle to be true, is that a reason, why an application to this constitutional faction should l^e withheld, for incorporating the Town of Montreal, when as has been already shewn, from the defect of power, or the neglect of public function- aries elsewhere, such a measure becomes indispensible in the opinion of its friend?<, or something correspondent to it, even iji that of its enemies. Has it been ascertained that the House of Assembly will pass no other bill than that, which will convey the qualification of voting for a Common Council man to every 40 shil- ling ■! year proprit*or, or ttM^mt /' If il»nt cxtini'-i'^m of niiffrage o a b s D . AEASO.N'S FOR A conroRA'rioN. S7 red ioQ ibal ited ing ps, be qticsitionaLle, let it be limited, not to the aristocratic bound 3Ugge8ted, but to that which may insure a fair expression of the opinion of the intelligent population; Besides the ipse dixit of the chaiiipion of the Gazette is no proof of the unqualified determination of the House of Assembly to refuse any other scheme of incorporation. Will they pass no such Bill but that which will st'cure a vote to 40 shilling freeholders ? So seems to say the oracle, if any meaning be attachable to his re- marks. Lord Bacon somewhere observes, that a minor species of evidence never should be preferred when a greater can be obtain- ed. Much more then, is a hardy assertion to be rejecti'd for proof proceeding from an anonymous source, when indisputable evidence of its truth or falsehood may be elsewhere procured. Let the question be tried by application to the denounced House of Assem- bly, and the corporation bill will probably be carried. The less reason men display in the discussion of public measures, the more factious spirit they evince, because it is the essence of faction to consult private, at the expence of public interests, and because in this lamented predicament their advocates must employ sophistry for reason and declamation for argume.it. It cannot how- erer be asserted, that the enemies to the proposed incorporation of the city, have even attempted to do either. The knock down sys- tem is theirs, but it is to be expected that they have missed their aim. In the present instance they prove themselves to be the faction, because they are a mi^'erable minority in numbers, ,ind woefully behind in reason. English and Canadians, with the excep- tion of the oracles, and their rerannnt of votaries, are all united in favour of the measure proposed — All, not even excepting the faction, admit the necessity of some change and the w;>nt of power to raise money. The remedy has been pointed out by the people in their petition. The grievance is admitted to exi>*t by the ene- mies of that petition. The Legislature, they must admit ran alone apply their remedy. The oracle infers they will alone do il in their own way from the interested composition of that body. Eriro the grievance must continue to be endured. It were even then better upon his own principles, that the people were occasionally dis^turlted by popular barangner-, and popiilnrly " disj^ustings scenrs." thnn that their senses should b<^ porpotn-dly assailed with di.«giHting*igbts. :inOX.S I (JU a CuRrol'.ATIOff. ih<'.ir jiioperty and person^i coiUinuHlly emlangereci from the absence of the power and means to obviate existing deficiencies and risks. The people then according to the oracle, are the faction of su- perior numbers, but may not another faction exist who prefer their own interest to that of the public, who cling with an irrational tenacity to an exclusive monopoly of power, and its appendages, who think the people unworthy to share in the regulation of their own concerns, who would forego the advantages of a beneficial change, rather than allow them to become the instrument by which it is to be achieved ? If such a party exist, it is a faction. If i{ do not, the measure of incorporation will be triumphantly carried. In England it is the duty of public men to commune with the people, as often as they or the people deem such a proceeding adviseable, for the purpose of ascertaining the opinions of the peo- ple, it may be, of instructing their ignorance ; and the constituttbn of Engfand is that of Canada. It may be better however, judging from the sneers of the oracle, that the people Were kept in igno- rance of the principle of the " sovereignty of the people," expoun- ded, as it has been by the genius of Milton, consecrated by the understanding of Locke, ratified by the Revolution of 1688 in Britain, and embodied in the Constitution of 1791 in Canada. As however, Mr. Fox Sagaciously remarked, it is one that ought sel- dom to be remembered by the people, and never forgotten by kings. It may be imprudent to remind them too frequently of its validity, especially if the interests of a country are sacrificed for the benefits of a faction. Thus public disorders and factious pre- ferences may go hand in hand. With regard however, to the local government of towns, it is clearly for the interests of the people that the action of this principle should be surrendered to them as already explained, by the general Legislature. They ought to be supreme in the management of their municipal affairs. The other objections of the Gazette's champion have been al- ready anticipated, and these remarks may therefore be concluded by signifying to him and his friends, that the measures of a faction can never succeed when the professions of its members are at total variance with their public conduct. Such gross inconsistency alike awakens the indignation of their cnor^'ot. and the utter co" tempt of their frit'iid-"