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Un des symboles suivants apparattra sur ia darnlAre image de cheque microfiche, salon le cas: ia symbols -^ signifie "A SUIVRE". le symbols ▼ signifie "FIN". Maps, platat, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hend corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Lea cartes, planches, tableaux, etc., peuvent Atra filmfo A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul ciichA, 11 est film* d partir de i'angle supArieur gauche, de gauche A droite, at de haut en bas, an prenant la nombra d'imagas nAcessaira. Las diagrammas suivants illustrent la mAthode. 1 2 - 3 1 2 3 4 5 6 "I?- ■" FINANCIAL DIFFICULTIES ^ OF LOWER. CANADA, (KXTft/ClKD FKCtM THE QUtBKC GA2FTTE Or UECKMDER 1821 ) FINANCIAL DIFFICULTIES w LOWER-CANADA. (Extracted from the Quebec Gazette of December 1824.) " It is my opinion that this Kingdom has no right to tax the Colonies. " We give and grant to Hi« Majesty, tlie property of His SubjecU in Ame- " rica ! It is an absurdity. '1 he Commons of America, represented In " their several Assemblies, have ever been in the exercise of this their can- •' stitutional right, of giving and granting their own money. And they " would have been Slaves if they HaA not enjoyed it" W. PITf, Speech Ho. of Commons, Feby. 1766. The commencement of the first Session of the Xllth Provin- cial Parliament of Lower-Canada is fixed, by Royal Proclama- tion, for the 8ih January 1825. Differences on the subject of the financial concerns of the Pro- vince have impeded the usefulness of that body, and rendered dif- ficult the operations of the Colonial Executive, during the last six years. These differences have often been the subject of public discus- sion in the Legislative bodies, in the assemblies of the people, in the public Journals and in private circles; one side or other of the question has been embraced, according as information, feeling or interest dictated; the parties have sometimes become heated ; they have appealed to prejudice and passion ; they have invented or re- peated falsehoods ; they have abused individuals and \''hoIe bodies, frequently without understanding the question, and without giving themselves much trouble to understand it. In order to come to a correct conclusion on the subject of these differences, it is necessary to be acquainted with the nature, histo- ry, management and application of the Public Revenue, and the proceedings and pretensions of the Colonial Administration and the dift'erent branches of the Legislature, by reference to authen- tic documents and incontestible facts, and to apply to the whole the principles of Free Government as established under the Bri- tish Constitution and the Act constituting the Government of the Province. The whole of the Public Revenue of Lower-Canada, with the exception of the Territorial Revenue, is raised on the Subject in the Colony, by Acts of the British Parliament or of the Colonial Legislaturet (4) tlMory of Provlii- cial Heveniic. Act 1774. When Canada was under tlic French Government, there was a Public Itevcniie, riiiscd on tlio subject within the Colony, by Edict of the French King, on the importation and exportation of certitin specified articles chiefly rcguluted uccorcting to a Ta- riff of the'J.'ith February 1748. After the Cession of the Pro- vince in n^^, and on the establishment of Civil Government therein in 1764, the Laws of England wcri; declared to be in force in the country; British subjects were invited to the Colo- ny and settled in it, under the public assurance of the British Government, that they would enjoy therein, at least, their Birth right, of being exem^Jt from taxation without the consent of a Representative Assembly; the old inhabitants of the Colony had, besides, had their property secured to them by the CapitulHtions, an express article of which declared them to have become British subjects: His Majesty's subjects in Canada could not, therefore l)e taxed without the consent of Representatives; neither could the King, conformably to the principles of the British Consti- tution, acquire a Revenue raised on the Subject, without the au- thority of Parliament. The Revenue Iiaws of France, of right, ceased at the Conquest of the Country; in fact little Revenue could^ be ruised in conformity to those Laws, as the described articles had nearly all ceased to be imported, in consequence of the change of dominion. At this time, however, the British Par- liament claimed the right of raising a Revenue in the Colonies, and it gave, shortly afterwards, several memorable examples ot the exercise of this alledged right. In the year 1774, Parliament passed an Act re-establishing the Civil Laws of Canada, and another Act, 14th Geo. IH. Chap. 88, raising a Revenue therein, ** towards further defraying the charges of the Administration of Justice and the support of the C:»il Government within the Province of Quebec in North Ame- rica," professedly in lieu of the Revenue form-.-rly existing in the Colony under the French Government 7i'be money to be raised under this Act, was to be disposed of unaer the following Clause : 14th Geo. II L Chap. 8S. Sect. 2. *< Shall be applied, in the " first place, in making more certain and adequate provisions, to- *' wards defraying the expenses of the Administration of Justice, " and of the support of the Civil Government in the said Pro- " vince ; and that the Lord High Treasurer, or Commissioners *' of His Majesty's Treasury, or any three or more of them for the " time being, shall be and is or are hereby empowered, from time " to time, by any Warrant or Warrants under his or their hand ** or hands, to cause such money to be applie<< out of the said pro- <* duce of the said Duties, towards defraying the said expenses ; " and that the residue of the said Duties shall remain and be re- *< served in the hands of the said Receiver General for the future " disposition of Parliament." (The Duty of 36s. sterling on Licenses, from the 5th April 1775, is stated to be levied "for the use of His Majesty," and no provision is made for its application.) The Acts of the British Parliament for raising a Revenue in the old North American Colonies, were openly resisted, and (he existence of the right, in Parliament, of raising such a Revenue, was denied by the Colonists in arms, within a year after the piiss- ing of the Canada Revenue Act of 1774. .1 II In 1778, the Britiiih I'n.liamcnt passed a Statute, of wliii-h tlic lollowiiig is tho Title, I'renmble and chief Ciniiso. 18th Gvo. III. Chap. 12. <• An Act fur ruinoving nil 'loiibts " and apprehensions concerning Taxation by the I'arliiiinout of Great Britain in any of the Colonii-s, Provinces and I'lan- tations in J^urlh America and the fVcsi Indies, iiijd for re. " pealing &o much of an Act made in the Seventh year of tho '' Keign of Ills present Majesty, as imposes a Dutv on Tea, *' imported from Great Britain into any Colony or Plantation " in America or relates thereto," " Whereas Taxation by the Parliament of Great Britain, for " the purpose of raising a Revenue in His Majesty's Colonies, ■' Provinces and Plantations in Nor tions, are ordinarily paid or applied." Clause II. Repeals the Tea Act 7th Geo. III. Chap. AG. (This Act was preceded by an Act Chap. 11, repealing the Act regulating the Government of Massachusetts Bay, and followed by another Chap 13, appointing Commissioners to treat for quiet- ing the disorders in certain of the Colonies, Plantations and Pro- vinces of iVor enforced. No Colonial Representation was assembled in this Province till 17th Dec. 1792. On the 29ih April 1794, before any supplies were required of the Colony, the then Governor General (Lord Dorchester) informed the Legislature by Message, that " as soon as the Provinces of Upper-Canada and Lower-('anada " shall have passed Laws laying the same or other duties to an Diflnr»tory Ai't 17BS. Prorccftinfr in Ca- nad.'i, coiiccrniiig Afl 1774. w Provincial Act ll'JO. Other Ri'vemiei tiiidiT Britsh AcU in CanuUa. " equal amount to thow which are payable under thiN Art, aiul " Huch Luws Hhail have oluaincd thu Uoval Ansent. the King's « Ministerii will hu ready to propose to I'urhumeiit n repeal of " the Act above mentioned." On the .Ird June 1''99, an Act, in conformity to the foregoing Message, was pn!>ged and received the lloya] Assent. Tills Act is printed in the Statute liook of this Province, and is to be in force »n soon as tho repeal of the Acts of the Imperial Parliament therein mentioned " shall be sisnified and niiido •' known by Proclamation of the Governoi', Lieutenant Gover- <• nor or person adininisterinf( the (ioveriunent fur the time " beinR." The Act is perpetual, and appropriates annually with- out limit of time, .fll7!)9 18 l 1-3 Currency, for the general expenses of the Government, besides paying oft' advances from the Military Chest previous to 6lh January 1796. In other respects the condition required in the foregoing Mes- sage, had it been necessary to entitle the Legislature of the Colo- ny to dispose of the monies levied under tho Act of 1774, has long ago been virtually complied with, as other duties to an equal amount, under permanent Acts, have long ago been passed by the Legislature of Lower-Canada, with the consent of that of Upper-Canada, and received the Koyal Assent, A small llcvsnue under Acts of' Parliament, viz, 25 Charles II. Chap. 7; 6 Geo. II. Chap. 13; 4 Geo. III. Chap. 15; and Under local Acts. Territorial Reve- nue. ap. 7 ; HI. C 6 Geo. 111. Chap. 5; is also still raised in the Colony, which *< JK paid into the receipt of His Majesty's £xchc(|uer in Great *' Britain, to bo there entered separate and apart Irom all other " monies, to be reserved to be, from time to time disposed of by " Parliament, towards defraying the necessary expenses of de- •' fending, protecting and securing the British Colonies and Plan- « tationsin America." The other Revenues, raised within the Colony under British Acts, are subsequent to the Act of 1778, (the Act 51 Geo. 111. Chap. 97, excepted) and purport to be for the regulation of Trade and Navigation, and are subjected, as to the application of the mo- nies, (exc<^pting the proportion awarded or which may be awarded to Upper-Canada under the Canada Tr.ide Act of 1822} to ihe provisions of the said declaratory Act of 1778. All the other llevenucs of the Colony, raised on the subject generally, are levied under Acts of the local Legislature, and the amount is either specially applied or Ivtl unapplied at the future disposal of the Legislature. They are all, in conformity to the lloyal Instructions, signified to the Legislature in l795, •< granted or reserved to His Majesty, His Heirs and Successors, " for the public uses of the Province and the support of the •' Government thereof." Besides the Revenues raised generally on the Subject under Legislative Acts, there is a Territorial Revenue accruing to the Crown, from the Tenure of Lands in the Country as established under the French Government and the possession of Seigniories. This Revenue, which has lately averaged about Twenty tnousand Dollars per annum, was ordered by His late Majesty, as expressed in a Message from the Governor in Chief, of the 29th April 1794, " to be applied towards defraying the Civil expenses of the Pro- " viiicc." (7) aiul ing's al ol The total amount of the Itevenue, without tnkinfit into account the uimiiuition for a short period by the expiration of a temporary Act in 1H22, has amounted on an average of the last five yvuta, to about Three hundred and fifty thousand Dollars per annum, after deducting one fi(\h allowed to Lpper Canada fur the suppo- sed consumption of dutiable soods from Lower- Canada. The whole of this Revenue, which has increased under the Trade Acts of 1H22, is now permanent, with the exception of n few thousand dollars per annum, collected under temporary Acts of the local Leginlature, upon importations from the United States. Cunsiderini; that the expens"* of lloads and Bridges, Religious Establishments ?nd several other local expenses, are borne by the people apart from the amount of the Revenue, that they are sub- ject to a number of Government Fees, and particularly, that they are restrained from a free trade and a free competition of the ca- pital of other countries among them, and also considering the se- verity of the climate, the amount levied on tha people in Lower Canada is great, comparatively to their means, which is the true standard for measuring the weight uf taxation. The actual pay- ments to the Revenue for general purposes, including the fees «f collection, may amount to about one dollar per annum for each person, or Ave dollars for each family, which is equal, at present, to about seven bushels of wheat, or a fortnight's labour at the ave- rage price throughout the country during the whole year. This Revenue is chiefly levied on articles of imported merchan- dize, several of which can indeed be dispensed with. It is of a nature to increase or diminish with the increase or diminution of the trade or consumption of imported goods in the country, and the increase or diminution of smuggling from the United States. On several articles, particularly Spirits, the amount of duties is e^ual lojifly per cent, on the price of the article in the Province without the duty, which is equal to a bounty of 50 per cent on smuggling in American or Upper- Canada distilled Spirits, or manufacturing Spirits in this Province, which it is found can be made at about Is. per gallon. (1.) The Revenue from duties on importations, forming about nine tenths of the whole, is collected by UfKcers of the Customs under the appointment and controul of the Treasury in £ngland, and Total Amount Wclsht of Tiu.i. tion. Nature of the Re. venue. Management, (1.) A great part of the Provincial Revenue it raised on Wc»t India Spi- ritji, which arc chiefly conaumed in I^wcr-Canada; Hniriti of domestic ma. nufacture having bciui very generally aubatitutcd in Upper-Canada, as well as in the United States, where the duties on West India Spirits have long been, systematically, enormously disproportionate to the value of the article. A 8inKiilur proof of the want of^ correct information, or great inattention, in the British Parliament, on the subject of the co)nmercial intercourse between the British North American Provinces and the VVest Indies, is to be found in the Trade Acts of li>23: By one of these Acts British North American Flour is admitted into the West Indies on paying a Dollar a Bar. rcl less than United States Flour. By another of the same Acu, a Draw, b.ick of GA, a Gallon on Rum imported into Canada, when country produce tu.i j sent in return, is repealed. The value of a Barrel of Flour in the Co- lo.iy. may be taken at SUs , a Gallon of Rum without the duties, at Is. 6d. ; SU (i.illons of Rum arc therefore equal to a Barrel of Flour ; 6d. per gallon on WU gallons drawback discontinued, is equal to lU shillings. Thus, while 6ve shillings were professeilly allowed to eticour:ige the intercourse, our situation us to l^at intercourse, was made tive shillings worse per barrel of Flour than be'Vtrc. The .5 shillings in our favor, were allowed according to the system o', the British Government, and the 10s. against ui<,it is said, oil- gin.'ited in a.tvice from the Colony. T Pmffriliiigs\n\o. ual UttiHlttturc, Orarit 17U3. 1^ Occasional DcllcU oiicyi )iuw Dupplied. It in p.ii(l into the hAnds of IlJH Maictity's KL>i-i-ivi>r (iuncral/'or ihu I'ruvincf, who in n 'I'ri'HJiiiry Otflcur, iiiul ulu> |)uv» ovor tliu rnonicii under tho aiittuirityuf the Treaiiiiry, niid iutdiiii'.s to (hut body, ill virtue of hit InstruiHinns iind u ClmiHe iiiM-rti'd in nil the Culoniul Uevonue Acts, CDiit'ormably to tliu lloyul Insiriic. tions nlMive muiitioneil. «i|u powers and duties of Ihu TreiiMiry in respi'Ct to the ordurlng piiy> mcnts of the Heveniie nnd controuling the expenditure, are exer- ciHjd in the Colony by the (foverimr und the Kxecutivu Council apimiiited fur the Province by the Crawn. This ftyktem of tnunogoinent nnd controul of (he Revenues of tho Province Hhh exiMed ui the Colony, with little vuriiition, mnce thecs'Ablishmunt of Civil Government therein under lUn Miijes* ty. Its abuses and inefficiency have been proved by tho rapid m- crease of the expenditure, particularly since the I'tcvenue could be increased in the ('olony by the establishment of ii local Legis- Ulure, from which all elFectual check has been withheld, while the calls fur an increase of revenue have been urgent and fre<|uently indispensable for the public welfare, (v!.) and by a Defalcation lo the amount of Four hundred thoiisnnd dollars, of the moniesin the Kcceiver General's Chest, which Defiilcation has been partially in existence for upwards of twenty years, and must long a|{(> have been discovered and checked under a proper controul. It was not till three years after the first meeting of the local Legislature in 1792, that the Colonial Government asked for any aid or supply from the Colony, viz. in the Session of 1795, when the whole expenditure of the Civil Government amounted tu about Efghtv thousand Dollars, and the Uevenue tu abuul fifty thousand. The Assembly granted that year by a ptrmanent Act Twenty-two thousand two hundred nnd tweii'v Dollars per an- num, besides providing for several items, of expenditure already Incurred. Tho permanent appropriation is slated to be " towards " defraying the expenses of the Administration of Justice and " ef the support of the Civil Government in this iVuvincc" Accounts of the Uevenue and Erpeiidiluru wire, from this time, partially, laid before the Legislature annually. No further aids or supplies for the expenses of the Civil Government gene- rally, were, however, asked of the Assembly, till 1818; but that body was called upon, from time to time, to provide for certain specific objects, which it generally supplied without diniciilty. Any deficiencies which occurred in the funds raised in the Pro- vince for the expenses of the Civil Government, were covered by Warrants of the Governors, generally also Commanders of the Forces, on the Military Chest. Taking the whole period from the date when the accounts were first laid beiore the Assemlily, till t823, the monies raised in the Colony have, however, been sufti- cient to pay all the Civil Expenditure, unchecked as it was, by any vfTective Jjegislative controul— a l.ion of the Executive, and they have since becu made permanent by the Canada Trade Act, unless Upper.(;anada coaseats to their repeal. w al r.r LT (hv I hut ill lilt siriic- I'hu pity. fXlT- miicil ill rpndiiiRKH " to vote the noconstiry «um% for (lvrrayin;;r all tliu ** Civil i>X|M!nsi's oi the AiliiiiiiiHtraiion of the Guvoridii'iii of Ihu " I'rovincc," anti uddreiwcd ihu (iovfrnnr, Sir Jami . IIkniiy ('haki, to convoy Addruwc's tu tlut elFuct tu tlit JNluju.sty and bolh IIuuMCNdC I'lirJiamunt. 'I'hJH proc«>cdlo({ of the Amcmbly wti>t III rccpived by thu Colo' nial Adiniiiisti'Htiun ; thu MumbiTii of the Ahsuinbly who hHd lu- Iton thu luud In thin ineiiNurs had buun for itoiiiu tlinu biforu ob> noxlouN to thu Govcrnmunt, and hiidliuun di'itrivcd of thuir IMill- tia and other Coinmlssioiiv. The llonitu wnN shortly after premU' liircly and angrily dlNitolvcd by thu Uovurnor, for ihu si'cond time within two yuurv, on n qiiustiun relating to tliu Judnos hcii)){ vluctud and miting an Mi'inbum of thu Ansuinbly. 'I'hu Mijver of Iho proi-cedinus rei-.s of the AMscmbly, detained from three to fifteen months, without any of them having been brought to trial. ]ii. deed the Colonial uovernini'iit proved by its subsequent acts, that there could have bwuii no good foun(*.:'.liiUH fur these odious charges. The dupurturc of the Governor in 1811, the prospect of War with thu Uniti'd Statts, and its actual breaking out two years aftur thrse imprisonments and proceedings, put an end, foretime at least, to the ill blood which ihey had produced throughout thu Colony. All the resources of the Province were cheerfully placed at the disposal of thu Executive by the Assembly, every thing that war. asked, excepting the suspension of the Uubens Corjms Act and Martial Law, was indeed granted for the common defence, and the question of the Expenditure was no longer agitated. Im- peachments were, however, voted in the Assembly in IHM. against some of the supposed advisers of the meaf.ures of the Colonial Government in 1810, chiefly on grounds distinct from th|lly. 1 1 f H Grant rojeeterf, l/)wiTCan n!a. m m year, a detailed Estimate for the whole Eipcnditure of the year, rcferrinc to that of 1818, with an increase of the expenses oi the Province as it stood in 181 7, the time the Assembly was called upon to discharge it, of about one fourth its then whole amount. The increase was intermixed with the old expenditure, and no suf- ficient explanation shewing the necessity ot an increase, particu» larly at a time when the Trade, Uevenue and means of the coun-^ try, and expenses of li^ng had decreased, were given. (3.) It ap- peared also, that the actual expenditure of the preceding year had exceeded the Grant, although all that was asked had been given. The Assembly, after much angry discussion on the side of the Ad- ministration, flnallv voted, in the same form as the Governor's Estimate, and for the period required, each item of that Estimate, with the amount of the corresponding item of the List of the Ex- penditure of 1817, with the exception of the items of some sine- curists and absentees, against which Committees had reported in 1818, and during the present year. The proposed increase of the expenditure was thus rejected. The House, however, by its vote allowing the expenditure as it stood in 1817, offered to recognize an increase of the expenditure of the Plrovince, made without the consent of the Legislature, of more than triple its annual amouiit when that body was established in 1792; it indirectly offered its sanction to the whole of the management and controul of a Re- venue raised on the people of this Province, by His Majesty's Treasury and the Executive Councillors of the Province appoint- ed by the Crown, during a quarter of a century ; it fully main- tained the implied faith of the British Government, to all its ef- ff ctive Officers in the Colony, and was willing to contract a form- al engagement in the face ot the public, to assure to these officers, so long at least as the Revenue and resources of the country could atford it, their increased war salaries, at a time when the rea- sons of that increase no longer existed. At the same time, the vote of the Assembly ensured to the inhabitants of the country, that the expenditure, and consequently their burthens, could no longer be encreased, without the consent of Representatives freely chosen by themselves. With new motives for mutual confidence nnd mutual forbearance, there was, by this vote, at least a fair prospect that all would have united in promoting the general wel- fare of the country, with as much harmony as is usual in the other Colonies where a similar controul exists in the Assemblies, and as is consistent with the nature of a Free Constitution. The Bill founded on the votes of the Assembly, which was sent up to the Legislative Council, was, however, opposed in that body by h's Honour the Chief Justice of the Province, by His Mflje:>- tv's Receiver General for the Province, by the Collector of the Customs, the Inspector of Public Accounts, by the Clerk of the Executive Council, by a Judge of thr King's Bench, and other Executive Councillors, in truth, by a majoriu of the lattir body, who with the principal Officersof the Colonial Government, formed also a majority of the Legislative Council. The Bill was finally rejected by that House, under a resolution, stating in substance, that the mode of granting the Supply was unconstitutional, and (3.) The total of the Expenvc-i of 1817, As estimated in 1SI8, wa« Sterling ^iMSHl 15 4 The net Revenue of 1818, including the War duties, 799'i!l 15 1 The £itiiaate of 1819, 81432 6 (i }\ i ^fm ii (11) that if tho Bill were to become a Law, it would render thu !-ci-- vaiits of the Crown dependant on un elective body instead of beii);j; dependant on the Crown, " and might eventually be made instni- « mental to the overthrow of tl)at authority which, by their Allu- *■ giancc, they are bound to support." This resolution was re-echoed by the Governor in Chief at (he close of the Session. It seemed as if the Assembly of the Re- presentatives of the people of Lower-Canada, instead of consi-ien • tiously performing an important duty towards His IVlHJcsty's Go- vernment and the Country, in strict conformity to the Resolve of the House of Commons of the 3rd July 1678, on which that bo- dy has acted ever since, had in reality been engaged in an attempt to violate the fidelity of the servants of the Crown, with an intent of making them instrumental to the overthrow of the Govern- ment. All the presses controuled or influenced by the Colonial Administration, its officers and their connexions, teemed with abuse of the Assembly, and its Members; projects of individual hostility were got up against them ; and Plans for changing the Established Constitution, wcie forwarded to England, thus lightly renewing the impolitic system of bringing forward the Government of the Empire to take a part in disputes between the Colonists and the Local Government, which lost the old Colonies. At this Session the Legislative Council also rejected the usual Bill froa< the Assembly, appointing Commissioners to treat with Commissioners ou the part of Upper- Canada, for the renewal of the existing agreement respecting the share of duties levied in Lower- Canada on goods which pass for consumption into Upper. Canada, which agreement was to expire on the 1st July following, and this measure on the part of the Council, and the non-settle- ment by the Executive of claims for arrears made by Upper-Ca« nada under former agreements, without referring these claims to the Legislature, laid the foundation of the misunderstanding between the two Provinces, which, at a future period, had nearly effected the loss of the Constitutional Act of both Provinces. (4.) (4.) In 1820 there was no Session ; in 1821, the Legislative Council passed another BUI sent up by the Asscmlily, similar to that of 1819. The Com- missioners met at Montreal 5tli July 1821. Upper-Canada had, however, already forvardcd complaints to England, without communicating them to Lower-Canada, and ranch popular clamour had been excited on vhis subject in the Upper Province. '1 he Upper-Canada Commissioners claimed arrears under former agreements, or during their existence, to the amount of about Fift^ thousand ])ounds, Twelve thousand of which has been allowed by the Arbitrators under the Canada Trade Act. The existence of these clairas, which embraced even a proportion of the monies levied under certain Acts of the Briticili Parliament, which, it was notorious, had never came into the Receiver Gcneral'.i Chest in Lower-Canada, being unknown to the Asscm. biy, and the Executive Government, being the autliority wliose province it was to determine un points relating to tlie execution of former agree- ments, the powers given to the Lowcr-Canad.i Commissioners did not ex. tend to them. Tiic Upiier-Canada Commissioners claimed a fiflh of the Ilevenue for the two years precedmg 1st July 1821, which was allowed, " re. ducing the Rum ini|x>rtcd ui 1820, to the average of the prccceding three years ;" a great part of tliu said Rum being still in the stores in Lowcr-C.t- nada ; tlicy asked for tlie ensuing two years a third of the Crown Duties, ..nd a fourth of all the other Duties on Importations collected at Quebec ; tho Commissioners of Lower.CRr Cmada Comiiiis. sinners Bill by Lc gislative Council. .1 i I' i 1830, no Session. IS'il, Lord Dal. hoiin'e. Permanent Supply. Aiiiitiul Grant re. jcctf'd, Ltgiilativc Council. IR'-I.', Supply for Kinga life refiued. ii If: (1-2) A new Elcciion having taken place, the Asscmblv wm called together in the following year, (1820) bcrore the Iteturns were complete ; and intclligenct; of His Majesty's death having arrived soon after, the Assembly was again dissolved, so that no Session of the Legislature was held that year. In 1821, the new Governor, Lord Daluousir, departed from the mode of requiring annual Supplies, a practice which had al- ready l>!en sanctioned by Sir .foiiN Coafe SiiKasRooKC, and His Grace the Duke of Richmond, and by all the Branches of ihe lA'gi^lature. He asked for a pcrnxtnent Supply ; this was prompt- ly refused by the Assembly ; it was however understood, by some ?Icml)ers or the Assembly, that an annual supply not detailed by ilams as in the Bill of 1819, but by chapters, would bo agreeable to His Lordbhip ; the majority of the Assembly consented to a Bill of that description, with nome increase on the vote of 1819; it however met with the fate of the former Bill in the Legislative Council. The majority of the Assembly even went the length of humbly praying His Lordship by Address, to advance the amount of the Bill, which His Lordship refused. On th' 1th March of this year, the i^egislative Council adopt- ed several new standing rules, one of which states " That the Le- *' gislative Council will not proceed upon any Bill of Appropria- " tion for the Civil List, which shall contain specifications therein " by chap'ers or items, nor unless the same shall be granted du- " ring the life of His Majesty the King." What the Honorable Council understood by the Civil List in Lower-Canada, has, it is believed, never been explained; neither has the connexion between such a List and the life of the King, been ever clearly pointed out. It has been observed, however, that the first mention of a grant of the expenses of the Colonial Administration of Lower- Canada during the King's life, dul, to be laid at the Foot of the Throne. This His Lordship promised to comply with, on the 25th January, and on the 6th February, he sent a Message to the House, infonning them that he had hitherto advanced on his own responsability, the monies necessary to com- plete the payment of tbe Civil Expenditure, but that it would not stated that from the experience of the past, they were persuaded that the |iru8ent system " might, in the end lead to serious misunderstandings, de- ■' structive of the interests of the two Provinces, which are so intimately " coiinucted by the ties of allegiance to the same Sovereign, and their lo- •< cal position." The arrangement in respect to the proportion of duties to be allowed to Upper-Canada under the Trade Act, although Lower-Canada had no opi>ortunity of being heard thereon, is incomparably better for both Provinces than the former system, which brought their inlialiitaiits. by their reprcsc-nUttives, at stated periods into a treaty on these duties:, upoA which it was 30 oasy to occasion or excite niisiinderstandings. Instead of a third and a fourth which was asked by Upper-Canada, after 1st July 1831, the Act allowed only aJiflh, which was in effect offered by Lower-Canada, till anew arrangement might be made. The present arrangement is, that Uppsr.Canada shall be allowed a pro|>ottion of duties levied in Lower-Ca. tutda on goods consumed in Upper-Canada, to be determined by Arbitra- tors, appointed under the Act ot the Imperial Parliament. Any one of the parties that is dissatisfied may contend with the Government of the Em- pire, but they have a* longer any pretext for contending with each other. >rt-; (ir>) now be in his power to make further advances or venture a great- er stretch of responitability, and requesting nlmut Thirty-five thou- sand pounds for ■' local establishments and objects of public charge <■ which form no part of His Majesty's Civil Government and " are not connected with the Administration of Justice." This was the first time that the Assembly had heard of this new subdi- vision of " all the necessary £xpen<' ;s of the Administration of " the Civil Government of the Province," which it had offered to vote in 1810. Objects of Kxpenditure. not relating to the Pro- vince generally, but to /oca/ objects, had been usually provided fur by fiifls distinct from tlie Su|)ply for the general purposes nf the Government ; a Bill of this nature was passed this Session, and up- wards of one Hundred and twenty thousand Dollars had been up- plied in the same way, in the preceding year, independent of the General Bill of Appropriation. Besides, no Estimate accompa- nied this extraordinary demand, which could clearly indicate the objects to which the money required of the House was to be ap- plied, and this demand was of course rejected, the minority consist- ing of only five. His Lordship closed this Session on the 18th February, a date earlier than usual, while many important and useful measures were before the Assembly, and while His Excellency haa in his possession the complaints of Upper-Canada against the Lower Province, transmitted to him to be laid before the Legislature, in consequence of an Address of the Legislature of the Upper Province, dated 8th January 1G22, when that body dispatched these complaints with a Commissioner to lay them before His Majesty's Ministers. The tone of His Lordship's Speech on this occasion, however unexampled in Speeches from the 'J'hrone in England, since the accession of the present Royal Family, was of a nature, unfortunately for the harmony of the different Branches of the Legislature anii the Country, too common in Canada; he stated that the Assembly "had withheld the nc- " cessary supplies," seemed to doubt the intentions of that bo- dy, complimented the Legislative Council on their maintaining '* the true principles of the Constitution," and talked of employ- ing the powers entrusted to him by His Majesty for the good of His Subjects; a latitude for the employment of the powers of the Sovereign, which is generally thought too extensive for Constitu- tional Monarchies; and which many observed did not entirely co- incide with the declaration in His Excellency's first Speech from the Throne, (16th Deer. 1820) « It shall be my constant study " to administer the Government according to the Laws." In the beginning of the month of June following this proroga- tion, vague reports t/ere first circulated in this Province of an in- tention on the part of His Majesty's Ministers to introduce a Bill into Parliament for the Union of the Provinces of Upper and Lower-Canada. On the 4th July, authentic intelligence to that effect was made public. Little uiieasiness had, previr^usly, existed on the subject of the Upper-Canada complaints. No one con- ceived that they could be proceeded upon by His Majesty's Go- vernment without the Legislature of Lower-Canada being, at least, officially furnished with thei^e complaints: few were aware that to the complaint itself was appended, presumptive evidence of that having been done. A Bill alledged to be founded on these complaints was however introduced into Parliament by Local F.it.ilili ,. 182S. •d. Grant pass* 18S4. Defalcation Provincial Chest. the Under Secretary of Stale For the Colonies, and read the Hr<unt ; the Lieuu Governor's salary Orant rejpctoil by I.ecHl'itif C'()Uiit;il, and its AddrMs tu His AlaJLaty. Entire Civil fex- pL'iises paid t(i ! tt Novemlier 18.! 1, and part nmittfJ afterwards. i \\ (10) ! ( General Remark. Composition of the liegislature. Governor. ff exclusive, which was granted by Act of the Legislature in \%2%* during his restdencc in the Province. There remains to deduce from the foregoing statement of incon- teftable facts and the public docuraents therein referred to, the pre- tensions of the contending parties, and to apply to them the prin- ciples of Free Government as establithed under the British Con- stitution and the Act constituting the Government of this Pro- vince. In the mean time, it may not be improper to remark, that should some symptoms of irritation in the Assembly and the Country, have occasionally made their appearance, under a denial of the right exercised by the House of Commons, according to the Resolve of the 3rd July 1678, and by all the Colonial Assemblies, to 'direct, limit and appoint the ends, purposes, considerations, " conditnns, limitations and qualiflcations" of all its grants or gifts to the Crown ; and under the avowed application of the mo- ney raised on the Subject in the Colony without the consent of his Representatives; it may be doubted, if the course followed on the other side, has been marked by that moderation, candour, consistency, wisdom, and respect for the Law, which are esscntiiil to the dignity and interests of the Crown, the harmony of tlio Legislature and of all classes of the people. There is a mystery concerning the pretensions of the Colonial Executive, the Legislative Council, and the House of Assembly, which it is necessary to explain, in order to give a correct idea of these pretensions. Constitutionally and nominally there are three parties concern- ed ; in reality, it would seem, that there are only two. The Governors are appointed by the Crown, during pleasure ; they have generally been military men, entire strangers to the Co- lony, and whose education and habits have not been the most fa- vorable to Civil Government; particularly under a Constitution which allows the governed a voice in the management of their public concerns. Their stay in the Colony since the commence- ment of the Constitution has not averaced three years, which is less thnn the duration of the American Presidency, or the term of the Governor's office in many of the States of thi* Union. It is nst possiLle that they should be well acquainted with the affairs of the Colony on their arrival ; they nevertheless have to act im- mediately, and they must, generally, act on such information as thi'y can obtain from those to whom, from the situations which they hold, they are, in a great measure, bound to look for advice. The Governor of a Colony, who is the Depositary of the authori- ty of a Monarch whose powers and prerogatives are limited or de- fined by Law, under whose Government the Law is in fact the supreme rule of conduct for all, cannot exercise despotic or unli- mited power. He ought to act by advice and Ihrou^rh established and responsable channels. Our Governors are said to represent the King ; they do exercise some part of the Kingly power ; but they are, far from possessing its reality, its durability and its inde- pendence. They are liable to actions in £ngland at the instance of individuals, to charges before the King in Council, to Parlia- mentary impeachment, and are removeable at the pleasure of the King, acting by his responsable advisers; and this may be effected with marks of displeasure, which, from the general justice with which these have been inflicted in England, may amount to a ve- ry severe punishment. If those to whom a Governor is to look :it (17) Ar advictf, and throufth whom he must act, should be lialilc to no certain rc^iponsability ; if they should happen to be bound tosctlior by any tic of individual interest ; if, in addition to this, they should have a decided controul over one Branch of tlie LegiNlattire, iind could arrest the whole oF its proceeding's; if ihey hiid also the ex- pounding of the Law in the Courts of Justice ; a Governor must find himself verv powerfully supported both in and out of the Co< louTt tvho would think it adviseable to take a derided part in op> position to their views. Sir Robert Prescott, Sir Gcorqe Prf- vosT and Sir John C. Siikrbrookx, all Uovcrnors in Chief, ha- zarded such a step in this Colony ; but, |)erhaps, not "'ith that success, which can furnish any very powerful inducement tooth- ers, to follow tiicir example. Those who arc acquainted with the history of the Province, must remember, that nithough the public officers, nominally at least, hold their Commissions during; the Go- vernors' pleasure, as acting for the Sovereign, several of them did not hesitate, openly, to oppose the Governor, whenever the Exe- cutive Council was opposed to him. The Memhu<^ of the Executive Council for the Province are appointed by the Crown, during pleasure, of course on informa- tion from the Colony, for the purpose of advising the Governor in the execution of the duties of his office. He is not indeed ob- liged to consult them, unless in cases particularly required by his instructions. He may consult whomsoever amongst tnem hcplea- ses, without consulting the others. In England it is held that their advice cannot relieve the Governor from his rcsponsabilities, and of course that the Executive Councillors are not responsable there for the advice they give. Hitherto they have not been ex- posed to muchresponsability in the Colony in the ordinary Admi- nistration uf Justice, as members of their body preside or form a majority of the Court of King's Bench at the seat of Govern- ment, and compose the Court of Appeals, the Tribunal of last resort in the Colony. An order from tlis present Majesty, then acting in behalf of his lloyal father, declaring the Legislative Council a Tribunal for the trial of Impeachments preferred by the Assembly, was indeed given to the Colonial Government in 1818; but it was held in the Colony to be quite iusulBcient ; and it was finally, indirectly at least, countermanded. Notwithstanding this absence of responsability, the Executive Council has in effect the entire mana«;ement and controul within the Colony of the Finances of the Province; it audits all ac- counts, allows or disallows the expenditures, makes out the esti- mates, and approves the payments. It is the Treasury in Eng- land with all its dependancies, the Ministers and Cabinet Coun- cil, the Privy Council, and the Court of Justice in last re- sort ; every thing without the severe, the strict, the real responsa- bility which attaches to all and every one of these important Offi- ces and Departments of Government in Great Britain, and with- out which there could be no steady security for freedom, for justice, for peace and good government. It would indeed seem to be beyond the power of man to perform well, such various and im- portant duties, and beyond the ordinary strength of human vir- tue always to withstand the multiplied temptations to which these Gentlemen may be exposed. It is true, they have a check in the Governor, without whose Siinction their acts are not availing, and who has a real responsibility out of the Province. But it has been shewn that this check may be unavailing. >Vitb us the cs- Kxccutivc Coun. cil. (18) I . w I LcgiiUtiTS Coun. cil. tnblished order of the Brilinh Constitution iareTOiwd; the person acting in the place of Iho Sovereign, is respunsalle ; the ndvi* scrs, without whom it is almost impossible for him to act, are not rcsponKable. But it is not only the duties oF the more immediate servants, ad- visers and officers of the Crown, the Privy Council, and the Ju- diciary, that the Members of His Mniesty's Executive Council in this Province are called upon to perform. They have also un- dertaken to discharge the duties of the House of Lords; that au- gust body, the individuals or which recall to memory all the great, virtuous and patriotic deeds of n long line of noble ancestors, who themselves are still the natural aristocracy of the country, who possess a great portion of the soil of the Kingdom, and whose in- terests and prosperity are inseparably connected with those of the nation ; thus, equally independent of the Crown and the people, they form the strongest possible barrier against the abuse of pow- er, which is necessarily vested in the Crown and its servants, and the violence of popular feelings, and aflbrd the best security for the permanency of the Constitution and the inviolability of pro< periy, which is'the main object of every goo.i government, and the fundamental principle of British Freedom, The Executive Council of Lower-Canada consists of Twelve Members ; 12 Of these are absent : 2 Holding Nine of the principal Public Offices in the Colony, with salaries during pleasure, viz. Chief Justice, Speaker of the Leginlafive Council ; Judg- es, K. B. 2, Judge Adm. Collector of Customs, Chairman Board of Audit, Clerk Legislative Council, Receiver General, 7 Holding only the Salary of Councillor, 1 Holding a Salary not paid out of monies levied on the Subject in the Colony, 2 — 10 The Legislative Coukcil consists, according to its last Jour- nals, of " liirty-threc Members, appointed by the Crown for life, and resilient m the Province, 5Z Members absent from the Province, 3 30 Incapacitated by a^e or infirmity, or not usually at- tending the Sessions, 4 Irregularly attending, 5 9 10 Remains, Of these are : Members of the Executive Council holding seven of the principal Public Offices, with Salaries during pleasure, in addition to Salary of sf 100 Sterling as Executive Councillor, Ditto, holding no Salary but that of Executive Coun- cillor, or salary not paid out of the Colonial Funds, 21 (19) 4 5 - 9 '21 S s Oth*r Public Uinc«rt holding Salaries during plen- iiure, usuiilly attending, Seigneurs, Merchants and other*, having no SaJHry paid out of the money raised on the Subject in the Colony, 6 7 21 The Ave Gentlemen who do not regularly attend the Seskions, hold no Public Uffice. The Cor.oMAL Assembly coniistR of Fifty Member!'', elcclcd for four ycurs, in the Counties by the Freeholders, and in Towns by Freeholders and residf'nt Lease-holders paying not lew than £]0 Sterling per annum. Members holding (ivedift'urent Public Offices in the Colony, with Salaries durinff pleasure, 4 Landholdfis, Professional oentlemen, Merchants and Traders, 46 50 From the preceding Statements, it is conceived that it must bo admitted that the pretensions in regard to the expenditure of the monies raised on the Subject ni this Province, as urged by the Co- onial Executive and the Legislative Council, may, generally speaking, be considered as the pretensions of tho same persons. They are tho pretensions of those who collect, receive, check, au- tlionze payment and spend in part, the public monies. On the other hand, the pretensions of the Assembly arc the pretensions of the Uepresentatives of those who pay that money. Pretensions of this sort, have, generally, been much at variance in all parts of the world. It requires great wisdom and a predo- mmant sense of the common welfare, to prevent them, on both sides, from running into extremes. Under the British Constitu- tion it has been effected for the longest time and perhajis with the greatest success. If the elements of a real counterpart of the Constitutional au- thorities of the Mother Country do not exist in the Colonies, the fundamental principles and the practice of her Constitution, ought, at least, to be kept constantly in view, by all Ihe Colonial authorities, as the surest means of promotmg a harmonious co- operation amongst them and the public welfare, which is the object of their institution. The advice and proceedings of the Executive Council are se- cret, excepting when otherwise provided by the Royal Instruc- tions, or when divulged by authority of the Governor. The pre- tensions of that body, in regard to the financial difftirences with the Assembly, may be learnt from the proceedings and votes of the majdrity of the Executive Coimcillors, who are Members of the Legislative Council, and from the votes of the Public Officers in the Legislative Council and in the Assembly, who, on financial questions nave, generally, co-incided with the' Executive Coun- cillors. The Documents, sanctioned by the Executive Council, laid before the Legislature by the Governor, are also good autho- rity in this matter. The pretensions of the Executive Council, may be stated from these authorities as follows, in the order of time at which they have been made public ; Aitombly. ii I 'J H PrflciisionH of the Kxvi'utlva t'ouii. oU. (30) I , That an annuni appropriation for (ill the nccnMry expen* Kcs of the Colonial Government Ih inadiniftsiklc hy lli'm», in the nuxlc olTuri'd by the Ajwemltly on the i\It>!«o. That no Dill appropriating public money advanced upon [ipropriating tiiy, the expo Address of tho AMembly, the expenses of the House excenied, unless on an emergency unforeseen at the commcnccnicnt ol' thu Session, and which did not allow of a liill being passed at lite time, is admissible. 6°. That no Bill for any Salary or Pension to be created or augmented, is admissible, unless the quantum is recommended by tho Governor. (1.) Jiesolves, L. C. dth March 1821.) 7 ®. That certain parts of the necessary expenses of the Civil Government arc distinct from the expenses " of the Civil Go- vcrnmcnt and the Administration of Justice" intended hy thi; Hritish Act I4ih Geo. 111. Chnp. 88, and the Provincial Act of 1795, permanently appropriatmg money "tow.irdsihe expenses of the Civil Government and the Administration of .lusiice." and by the Order of His Majesty, signified by MessH^^e of the '29>h April 1794, that the Territorial and Casual Ilevenue "lie .-ipplu'd towards defrnving the Civil Expenses of the IVovince. (Misunne (ith Feby. 1822, and Retolvet, L. C, IBIh March 1823, HOth March 1823, and 6 March 18Si4,) 8°. That the Colonial Government may, of its own auth kii- prtiiiiucy of the I'nrent Sinle, Hiui ihc coosliditioiiul nriiicipU't niiil practice of tliu Mother Country," In Mtutcd in tlio Hcsoluiion of the Lt'triNlativc Council of Uin April 1819, iinil iht> Hhove rnrO' tinned Jteport and llosolveH of 17ln Miirch th'J.', and tiih Mnrt-h IHJi, viz. to prevent *' an auuinption of uiicunsilitu'.idiial and iU Icg^il ponerH" mi the AMembly ; the OtIli-erN of ihe Crown from beini; rendered dependant on an elective both March 1821, tu be laid before Ilis Majesty, that the application of the money, " was necessary for currying on the Government," and being "of the sunne description a'24.'> 4 5 1821. 3915 5 4' The expeasui aUoconaidcrably exceeded the Entlinatus each year, except, iny 1819. /' PrctPiislnns Aa^emlily. uf tlie / i! m (22) Provincr. ( KnirivK Journal 1821 . lU'solvtM 12th January IMi, 46ili ami 't7ih L'lausi'N Cunitlitutioniil AciSUt Geo. ill. Chuu. 31, sut forth in tho above Kntry of 1821.) .')®. Thiitin the|irescnt circumRlancrsurthe I'rovincc, (3) no ('I.) Thcwrr Canada (without di'ducllng amount |iald to Upper Canada) from 17a'> to WM Inclu- live. In represented by the following figure* for the dittl-rent yean lu lurccii. •ion. Uurinr tho icvcn lAit yeari, (from 1814) the variation In the Rovenue laiwa in force wua Inconilderable. fI7D.';.) 10, IH, 13, «1, 35, SO, 26. 31, 31, 32, 46, 35, 3S, 40, 67, 70, 74,60, 09, m. Hi), ISlt, 108,89, 117, 112. (188U.) I'he frail tenure of the grvateat part of the exlitlng Revenue, to well ac. cured by permanent Lawa, may be understood from the following teatimony given before a Committee of the Aasombly In 182.1, by a (ientleman of ex. t«!nsive Information and much experience, who has, as ho atatea, been up wards of twenty year* engaged In trade and mercantile affairs In this Co* ony. " The honest and Innocent peasantry of this Country most unfortunately have a dislike to Corn Spirits ; until the manufacturing and consumption of thla la generally Introduced, there will be a want of aomoiid f9r the na. tlvc (irain. This branch of business would nffbrd employment to many hands, and the ofllils I* the best feed for bestial. Let us look to (he United States, to Great Britain or Ireland, and the other Eastern or Com Coun. tries In Europe, and there wc ace how this branch aids tho operations of tho cultivator of the ground, and In Upper Canada the people may now b« said to deny themselves the use of Foreign Spirits, not by legal enactinenti but by their patriotism and good sense, in Hnding a Home Market tor their Griiiii by dintillation and brewing. If Five thousand Funchcons of good Whiiikey were annually mode in Lower Canada, the Country would be in. dependent of foreign demand fur Grain, which Is at the best precarious, and thlH quantity la not hiilf of our yearly aupply of Rum now.a.^ys. 'i'he n(uu nufacturc of Barley into Beer and Spirits, of late year*, I estimate from forty to flfly thousand mlnots, and did not, at any period, reach one hun- dred thouiiand mlnots." The same Gentleman, in a previous examination in 1822, state*, that •• to hia knowledge tho Consumption of Upper Canada ha* changed from Rum to Whiskey within the List four or five years, almost entirely.'*^ That at their prices of Grain, it might bo manufactured In that Province and on the Ame. ricanside of the Lakes ond St. Lawrence, at from Is. to Is. 3d. per Gallon, and brought to Quebec fur an additional 3d. per gallon. Should imtmrted Spirits not be able to maintain the usual competition In firlce with home made Spirits, and tho honest peaiantry of Lower Canada, n consequence of the low price of their surplus produce, not have the meant of paying for Indulging In their preference of Rum, the greatest part of the Revenue would disappear, and It would probably be very difficult to tind a substitute. Manufactoric* of all kinds are rapidly springing up In the Country on the (2.1) •• nrlditlAnnl p<>rman«nt appropriatlun" for th« ntrfumry rxppii* ■ri or tha Civil Guvernmant af the I'rovinro, nii|{|it ii> Go iinuU' ; but th« luppliea ba granlad bjr an anniml voip oftha Iloiiu* (Vuia IRIR, Appropriation Act and Uill 1HI»,1M AildreMioTord Dilhoii* •ie 1H2I, IlasolveR Hth Jnniiarvi Addrcnto the Kinft 2\%t Jnnn« nrv l8Si2. and Votat and lleiolvcn March IM'Aand 24lh Febru- ary IH24 ) 4 3 . 'Innt tha Houia ought tu ranlut thp prrtcnninnii nnnoiin- civer, and that every attempt of the Legislative Council for that purpose is a breach of the rightnand privileges of this IIou«e.' " Thut all Resolutions, by which one branch of the I^egislnturc luy down for themselves before hand, and in general man* ner, a rule not to proceed on Hills of a certain form or dc'cription, which may be offered to them by another Branch, is contrary to Parliamentary l^aws and ii«nge<(, to the constitutional Art, and to the liberties, rights and pri- viles of the other Hrnnches of the Legislature, and even of that Branch which adopts such Itesofiitions." Various other Resolves, in opposition to others of tho stunding Rules adopted by the Legislative Council on the Gth March 1821, were passed at the same time. The substance of the pretensions of the Colonial Executive. ns recorded in the Documents and Acts above referred to and in the proceedings of the Legislative Council, seems to be; That the Assembly is to fumi»h the supplies in such mode and for such time as the Executive may think tit. That, if the Assembly do not so furnish them, the Governor and Council may authorize the payment of (uch Public Expen- diture as they think proper, out of monies raised on the Subject in this ProvtDca for the public uses, without the consent of the Suminiry of pro* tciiaiuiiit. f American »\Ae of the Lakpa, and even In Upper Canada ; their Rituation from the rlchneu of the (oil affbrdliig cheap suKtlatence, and the facility of internal communication, will indeed probably make them fhc tint exteriKivc nianufacturliiK Dlitricti in North America. Tliellevenue raised on Imnor. tationi at Quebec, will al»o l>e in danger from the«e Manufactorica. The whole amount of the Duties raiaed on mercbanillzc at the l'<>rt of Qud)cc, In fact onoratca as a bounty in favor of Domestic and Amcric.in Manufau. turet. These Duties are, liowcvor, sencrally, much leits than in the ^me. rluan Seairarts, where they are laid on. In many instances, more with an in. tcntinii of cncouraeiiiK Domestic Manufactures, thnn for raising a Rcve. nue ; a policy which docs not seem suitable to be adapted for Canadn, as u drpendancy on Great Britain. Situated as this Country Is, it would be lui e.ttv matter to put an end to our R.-vcnuo, by greatly increasing the amount ef Duties j in fact ta kill the goose that lays the golden eggs. (24) it ;'f \\ I Assembly, nnd even without confining itseir within the Votes of that Body for the amount of the Expenditure. A more complete riv nial of coniroul in the AMemblv over Oncral obicrTa- the Expenditure could hnrdly be devised. It is not confined to tioiM. words ; it is embodied in acts. If there were any Law to this effiect, the advisers of this course, would have been at their ease; but they seem to avow that there is no Law which authorises them, at least, to the eitent of their wishes, by addressing the Imperial Government for <' Legirlativc provision" to relieve them from their diflBcultiei>. They, in fact, appeal to the Imperial Government to establish that the Representatives of the peuple of a Colony, which is call- ed upon by the Sovereign, and is bound to provide fur " all the necessary Expenditure of its Civil Government," a Colony which has, in fact, for thirty years past, furnished the money to pay that Elpenditure, and must continue to do so, shall have no controul over the amount of the expenditure, but that it shall be regulated by persons who receive a great part of the money as a compensa- tion for their services, or *>v others who are not the Representa- tives of the Inhabitants of .he Colony, over whom they can have no check, nnd who cannot possibly be acquainted with their cir- cumstances, their public wnnts, and the means they have of pro- viding for them ! It can hardly be necessary to set forth the principles of the bri- tish Constitution on such an occasion. The Common understand- ing of mankind will pronounce against this pretension and this proceeding. The;- are in deed in direct opposition to the fnnda- tr.ental principle of ihe British Constitution and of every free Government, of which no British Subject, no Freeman, can be presumed tnbe igtiorant, viz: that he has "an absolute properly in his Goods and Estates." If this pretension, in the view taken of it, were unfortunately to prevail, it would in principle at least, establish a worse system of Government in this country, than prevails in any other coun- try of the civilized world. In the countries where' arbitrary Go- vernments prevail, the Rulers have a life interest, a family inte- rest, in the welfare and aft'ections of the people over whose pro- perty they have an unchecked controul. It is only a vicious, weak or imbecile Despot, who can be disposed to draw from his people, or spend more of their property, than is absolutely necessary fur the public uses. He is permanently in the midst of them ; their misfortunes are his misfortune; as has been so strongly fxampii- fied in the history of Europe. Here, those who might exercise this power over the property of the King's Subjects, would not even have a life interest with them, they might draw largely froM that property, and be gone ; or they might proceed till arrested bv the general misery and public indignation which their conduct would inevitably produce. It is scarcely possible that the mischiefs which, under the ordi- nary working of human passions and human selfishness, would almost inevitably flow from tbo principle of those pretensions, , have been seriously contemplated by any of thuse who have sup- ported them. On ihe contrary the proceedings themselves indicate, that they bavebeen put forth under alarm ; under an unwarrantable want of confidence in the Assembly and the people of the Province, to which they venture to deny a right inseparable from the powet •■ I (25) of taxation, and which is enjoyed by every other Colony inhabited by nuturnl born British Subjects furnishing the whole or part of the exp(>nses of its own Civil Government. The House of Commons grants an annual sum for the Civil List Expeniiture, or in the words of the Law «for the support of the honour and dignity of the Crown," during the King's Reign, in virtue of its uncloubtcd right of granting the property of its constituents, to such amount, for such purposes, and for such penod, as it deems expedient. That House is the judge of the expediency ; and, at ieast since the expulsion of the Stuarts, no one has ever attempted to question the right of that body, or to dictate to it on this subject. In the Colonies, the Assemblies hnve uniformly judjred of the expediency, dilTerently from the flou&e of Commons; probably, because the circumstances, which must fuide the judgment in the exercise of every right, were different, f the Roval person could in reality exist among us in the Aill exercise of all his most beneKcent powers and prerogatives, du. ring his Ileign ; if our Judges held their Commissions, as in Eng. land, during good behaviour; if a proper rcsponsability and ac- countability were established in the Colony, perhaps the circum- stances which have, most probably, pointed out to the House of Commons the expediency uf making an annual Grant during the Kind's life, or the tenure of office, might have equal weight in this Colony. That the Inhabitants of the Province and their Representa- fives have, btall timvs, been, liberally, disposed to provide for tha support of their Government to the extent of their means, expe- rience does not warrant the entertaining of a doubt ■, however jealous they may have lately shewn themselves of their rigiit to grant. Iti: he poor man's /fecu/mm; it is all they have to give. It is certauily much to be regretted that in a contestation of this nature, we should have heard so much from an auUiority no hi^h as that of Hi'- Majesty's Executive Councillors for the af- fairs of the I'rovintJ, about the necessity of supporting " the su- premacy of the parent state," about "republican principles and practice." Persons, at a distance, might be led to think that the people of Lower-Canada, as was said in 1810, were ripe for rebel- lion; or that they had all at once fallen in love with repiiblicanism> If any seriously entertai.i such opinions now, they are assuredly as much in error, as those who entertained similar opinions in 1775, and in 1810. On the other hand, it would be a great error to suppose thattho Inhabitants of Lower-Canada, whether they may trace their descent from the Gael, the Saxon, or the Norman of former times, or whether, at later periods, their forefathers or themselves have come from the Islands or Continent of Europe, arc not fully aware of their rights as British Subjects, and qm determined to maintain these rights, as they have p.jved themselves failliiul «nd determined iu the discharge of their duties. I I' !j (26) NOTE. ^Iartin has rend a Communication subscribed Denis, which WRs published in the Quebec Mercury of the '20th i>ec. iast, and translated and re-published in French in the Gazette published in thi<4 City, by authority^ of the 50th December. Denis' publication is chiefly in support of the pretension of the Colonial Execu'^vc to dispose of the monies levied in this Pro- vince under the Act of the British I'arliament of 1774, in the payment of such expenses of the Civil Government of the Pro- vince, as it thinks proper to allow and pay exclusively out of these monies. Martik did not enter into any discussion on the subject of that Act ; he merely stated the tacts as ihcy appeared to him from the inspection of Documents. The Uevenue levied in Ibis country under Legislative Acts of the French King docs appear to him to have ceased at the Conquest : it was varied and revived by an Order of His Majesty in Council of the 22nd November 1765, and ordered to be collected by Proclamation at Quebec, of the 5th July 1766. This Onler was publicly objected to at the time, in this Colony and in other Colonies to which the Royal Proclama- tion of the 7th October 1763 extended. It is well known that this Proclamation has been formally decided, in the Courts of I^aw In England, to have barred the King's right as a conqueror, in so far as the common rights of His Subjects in these Colonics are con- cerned. It is probable that Dxnis, who appears to be a Lan'ver, could put his hand on the case as argued and determined. The Revenue Act of 1774, is pretty good proof that it was so under- stood in Parliament, and Lord Dohciiester's Messag'2 of 1794, conveying a conditional offer of the repeal of this Act, shews that the British Government, at that time at least, had doubts of its constitutionality, if the Kings right, as a conqueror, was good, why have recourse to an Act of Parliament ? Why could not His Majesty dispose of that Revenue as be thought fit, as he has in fact disposed of the Territorial Revenue, whi'-n Denis very singularly confounds with a Revenue raised on the Subject generally ? Why in fact take away from the King a Re- venue which was hii at common Law, and apply the proceeds as public money for the use of the Colony, under Officers responsa- ble to Parliament? The House of Assembly in 1819, acted more prudently in regard to the Revenues arising from this Statute, than those who'are opposed to that liody ; it left this Act a tnoot point. In the Bill providing for all the necessary expenses of the Civil Government for that year, as required by the Governor's Estimate and the King's Instructions, it merely stated that these expenses were to be paid " out of the public monies that now are " or that shall hereafter come into the hands of the Receiver " General ;" and that the appropriations already made by Acts of the Colonial Legislature, " jhall be taken in deduction" of the sums appropriated in the Bill It is obvious that if the proceeds of the British Revenno Act of 1774, were appropriated beyond the operation of the Declaratory Act of 177U, and the Constilu- iii : (27) tionnt Act of 1791, »o the expenses of the Colonial GoTcmmcnt, any provision of the Bill of 1819, which might be supposed to nf- fect that appropriation was a mere surjdusage. No Act of a Co- lonial Legislature, (or even of the King's Ministers) can niter, repeal or suspend an Act of Parliament expressly made for a Co- lony. If the pretensions of the Colonial Executive had been well founded, (here was no (ground for alarm. By the above mention- ed Bill, the expenses of the Government, as they stood in 18I7, generally, were allowed by the Assembly, for the first time, after examination. The right of the Executive, if it had such a right, would still have remained good. The Act of Parliament would have supported itself against every thing; and it would have been quite time enough to appeal to it, when jt could have been sliewn tnat the Assembly had made the odious and pernicious use of its right, which the Council in its Report of the l7th March 1824, so unwarrantably seems to apprehend, in contradiction to the con- fidence reposed in the People of the Province and their Represen- tatives by the King's Instructions of 1817, requiring an annual vote of the Colonial Expenditure, and indeed in contradiction to that confidence reposed in the Colony by the Supreme Authc ly of the Empire, when the present Constitution wasgr.mtcd. Martin does not think it necessary to enter into u full discus- sion on the subject of the Revenue Act of 1774. at pre8tb January 1824. i