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( '^i y ARGUMENTS r AGAINST AN ELECTIVE LEGISLATIVE COUNCIL. (. Covonto : PRINTED AT THE LEADER AND PATRIOT OFFIO*. 1866. ^ « R Biso'i rr,J5. *" ARGUMENTS, &c. ^^ The Legislative Council Bill may virtually be said to lia/o passed liie Lower House. U has goDe ttirough all the tbioes of Committee without one change or amcnument. Indetd, wo never recollect to have seen so Unpo^^aat a bill meet with suc^ inilitlerence. Not one member shored ordinary in- terest in I he matter, if we except that small party known as the Rouges, arni even they give it a doubt- ful weloriie. In fact we believe that had the mea- sure been proposed by a pi ivate membe'', it woull have been quietly thrown out. What gave import^ ance to the bill was the fact ihat ministers wen; pledged to introduce it, and on its reception stak^il their political existence. And thus a radical cliatige in the letter "xnd spirit of our constitution, one which its wannest advocates treat only as an experiment, merged into a mere test of ministerial strength, i That it i^hould be so, miisl be traced to the fact that some Ove years back the public mind was excited on the necessity of some Parliamentary changes. Among other reforms connected with the represen- tation ot the Province, that of an elective Legisla- tive Ccuncil vrn«< dctnjirided. I'ut nt tb.^t nr-rird the (*) I! inHuenre of tiie lK»uy wnn not much considered. Too many of our publii; men were alio busy in building upaualogioa with thu United States lepublic, arul it vTaa reinomburcil tlial among tbe ninety-two resolu- tions which were eorricd, previous to the Lower Ca- uadian troubles, that of nnaking the Upper Fiou^o elective had b<^en enunciated. A reRcmblance was thus recognised, arid prominently insisted upon, and tbo constitution of the Council accordingly , assailed. Im members were characterised as be- t ing without influence — so that ihey literally did not appear in the wiau*. The reason was evident — they had not the respect of the community. For such a result to be obfained, they must spring fronn the people. Equal electoral districla ought to bo marked out, and ilicn their representatives would I'uVry with them all the influence which a popular characLer could give them. Such were the arguments which weighed with the Province. Grievance there was none — fict of ill-doing there was none — cor- ruption there was nono.. Want of good faith, want of public spijit — impediment to business, there was nonf. The objection to the existing Chamber wa3 purely theoretical. And on those shal- low ground.^ it: was decided that the liberal party should ndvocato the cxlonsion of the elective prin- ciple. Pledged to the doctrine, the Ministry assumed oGicc. Bui aftf r the agitation has passed, and the ploiivcd fancy and excited imagination have run liot on the ponijlar fallacy, pradent men begin to 1 t {6) mako the two pertinent queries : What 6Ttl ba?« we to get rid of^ and what guod »hall we aobiuTo f The reply which we would aitnbutu to a joaloua MUpporter of the measure — if one tiitiru be — mij;bt run that we would infuse the popular e.emcnt, into a body without iutinence, and so ;{ivu its opinions weight in the eyosof the community. But wu are *iot quite piupared to admit that thu pieHent Cuua* oil requires this itimulant. its political existence is no tiction. -If ever vituiity was exhibliod by a Julibor- ativebody, it was svhen its members rejected the bill which wtts to change the whole S3cial system of Lower (Janada, and produced, thumso ves, a measure which is DOW the law o. the land, — the Seig- norial Tenure Act, the constitutionality of which has been affirmed by the Lower Canada iiidlciary. Nor cau they be accused of the leabt seldohness in declining last session to make their ilcuse elective. The vote was given in defiance ui government iii- duence. And we do not hesitate to say, tliat we hope they will again interfere^ and negative tbo present Act. Why do we require two Elective Chambers ? Theoretical ly, the doctrina is opposed to the principle of the constitutloii. Prac'lcally, it cannot but encumber the operations of tbo Exeou- tive. Those who have most loudly clamourod fjr it, and have turned to the United Sates Senaiu as a model, forget that in that couniry tiie Ministry is not responsible to any raajoriry. It the eontrary system continue to prevail with uh, and the membttis (6) belong, as they do now, to both houses— which ma- jority is to be considered the popular vote? Pro- bably it may be argued, that the change will not lead to difficulty on that point— that the Ix)wer House wore immediately deriving ite existence from the con- stituent body, more frequently renewed, and prepon- derating in nuraberR, can only decide the fate of a Ministry. But will the Upper House accept this -.theory t It is easy for any one to enunciate a solu- tion lo a knotty point, but it is another thing to get it recognized. Why should the Upper Elective Ohambor admit its inferiority, for hwih will bo the case if its vote is to have no influence upon the policy of the country ? For what reason should it assemble and deliberate, if the pressure which it would apply could not bo felt ? Would such passive political vitality confer dignity on the new members ? So far, as the details go, we are quite prepared to admit that the bill is drawn up witb considerable ability, and that if we arc to have an Elective Council, we couKl conceive no better law. The sitting members re- . tain their seats. Twenty-fuur members are elected j from each section of the Province ; the qualification ' and the electoral basis being the same as for the House of Assembly. The members are elected for eight yenrd, one-fourth of the body being renewed every two years. The Government appoints the Speaker, who will be, as at present, a member of the Cabinet, and who will ratire with a defeated administration. If we are to have the experiment J r (7 ) J ui«i, we have do fault totiitU with Uihsu provittiooa. But will the eighty-eight tnombem who will for some years oompoae the body, be coiiteiii niiuply to Toioan objectionable measure? Rather, will not the Upper House be regarded as a test of public opinion? If so, we shall ha?e resolutionM and addresses, and want of oonfidence votes to clash with the Lower House. Certainly, there is no guarantee that such will not be the ctae ; and should such an event take place we shall be at a dead lock. All useful legisla* tion will bo stopped, and the majorities of the two Houses will enter u^on a warfare, which cannot arise in a commero.al country like Canada without caus- ing the greatest eviL No reasonable man can deny the possibility. But when we turn to the prospec- tive good, what argument do we find ? Literally theve is only the old story of the popular element, which is to appeal to popular reBpect But are we sure that in the woiking of our constitu- tion, this change would be desirable? Our form of Government is the most demo- cratic in the world. We are without an oligarchy to retain within the hands of tliemselves and their families patronage and power. Our Upper House consists of novi ^(^min(» appointed for life. The Governor General fulfils the functions of a con- stitutional sovereign. His position has now become defined. He administers the government through an Executive which depends upon the popular will, the suffrage of which is removed from the taint of admit- if (8) ting within its folds the mendicant and the pauper. Acting as a restraint on the Lower House, interrenes the Legislatiye Oouncil. In what position do we find it ? Is it at all comparable to the Council of Lower Canada, when the proposition was first started to make it elective. The condition of that body is ably set forth, in a Report of the Lower Canada Assembly in 1838, by a Committee of which Mr. Bedard was chi^irman. It was there stated that there was f\ want of independence and a non-identity uf interests on the pari of the Council, so that har- mony between the two Houses was impossible. A result owing to the fact of the Crown having appoint- ed public functionaries, interested in maintaining the existing order of things, and who thus becanre clothed with a legislative inviolability. And that as many of the appointments were made of parties havi!^ no permanent interest in the country, the body became isolated from the people. What doubts may be en- tertained of this description — and we do not intend to enter into its examination — we find here in few words the reasons which led to the first enunciation of the principle of election. Will any one aver that such causes of discontent exist now ? Is there any one man in the Upper House, whose fortunes are not for weal or for woe interwoven with the destinies of the Province ? Is there one official in the body isolated from the people, or clothed with undue im- munity ? Very different is the picture. The mem - bers composing (he Chamber are men more or less if ofProvinoifti celebrity, whose earlier life has been passed either in active politic or who have by the several adiiiinistrations been considered to de* «eive well of thoir party. Like aril human in- stitutions, the Legislative Cuuncii has been marked by (JOJitical bias, aid warmth; but we believe that it will compavc with any body in the world for decorum, patriotism, and honesty. For the last six years, its members have been assailed for the position which they have assumed. In no way have they pandered to the popular liocirine of the hour, and endeavored by meretricious patriotism to extort notice. As it is possible that they may pass away, the community will remember what they have achieved. The temperate deportment — the dig- nified conservatism — the honorable disinterestedness of the members —all strike the public mind. We have 00 ground for the assertion, beyond judging by the conduct of the members of the Assembly — but wo do not think that there are ten men in that body who desire to make the Upper House elective, and we do sincere! y h proving our system of Govtrnmeot, it will greatly complicate its working. Indeed those who advocate it, do not conceal the opinion, that from the difiicul- ties which it will create, greater cliangeti will be ne- cesHitated. Politicians of this class go to the length of expressing the hope, that our entire systeui will be altered. They wish radically to overturn what is known as Responsible Government. They desire the Executive to have no seats Pa-liament. That our Constitution shall be a written one — that there sha 1 be a supreme court of Appeal to control the Legislature. But we canno. think that if we attain- ed to this point, that we would stop there. It strikes us thai as a consequence the election of a Governor must follow, so ^hat the public would have a gua- rantee that the test of office, by which the Executive held power would be periodically submitted to the public vote. We can understand the reason and sequence of these ideas — but we must confess, that the policy which would stop short, at making the Council elective is beyond our compre - ?2ension. What good would then be effected ? Do we place the new Council in one jot better position than the present one, if we extend them no greater influence? We deny them all control on IheExecutive; or if we give them the power, the Government will be in the position that it cannot be carried on. Moreover, as the Upper House cannot be dissolved, and the the Lower one can bo subjected to that i 11 ! * ( 13 ) ordeal — the oliaDCts are that the|poop1e to avoid the the difficulty of all public business beins; inipedevi would rather be inclined to make (tome compromitte 60 that the Executive could obtain a workinp; ma- jority in the Council. The consequence would there- fore be, that the few members of the Upper Elective House would obtain undue weight. It is familiar to our readers that last session the Legislative Council threw out a bill of the same character. If ever an appeal was made to the popu- lar feelings, it was by the minority who advocated its adoption. Their protest is yet on record. It laid down the doctrine that public opinion frequently expressed, had demanded the measure — that the Legislative Assembly hj an unanimous vole had ra- tified publ'C opinion — and that opposition to such opinions by the Upper House was unprecedented, and wouhi lead to difficulty. But not one single pe- tition has appeared on the subject. It may be urged that as it was considered that Ministers were pledged to bring in the Bill, there was no fear that it would miscarry. The argumeiit, so far as tiie House of Assembly is concernedjia well enough ; but the Coun- cil in no way comes within the same catagory. At the same time we are aware that the absence of petitions is not always to be taken as a mark of feeling, for it is notorious with what facility petitions are concocted. We would apply the more sober test of asking, where the least feeling has been shown on the matter — what public meolings have been held — ! II ( 14 ) Wtiftt journal baf, iu any earne«t way, acUocated thti change? We believe, ihat it will be ailmitteJ, tbai every where there, is the moat palpable indiflertncc. Ifthisbeso, why shohbl we experimentalise, and run tho risk of changing one of the s^feguard^ of our governmonf. Theoretically, the Second Cham* ber is merely a check on thr First and popui sr branch of the Legi^ilalure ; and why the doctrine was ever put forward to alter its composition, wen because it had dep&tted Irom its noimal state. It was because the Legislative Council of Lower Canada, prior to tho union of the Provinces, was con- sidered an instrumtilt of the Governors of the day — that its dissolution was d emanded. Had it iulfillcd its mission, as it is now doin»f) there never wou d have been a cry to overthrow it. It was wh^n mon hke Sir James Okaiq and Lord Daluousie were Gover- nors General, that the Council became obnoxious. It was 80 both socially and in a legislative point of view.-^ In those days, the Governors surrounded themselves with a small coterie, formed principally of the Office-holders and members of the Legisla- tive Council — who returned each oihei's patronage — forming an exclusive society who superciliously strove to keep their own circle inviolate. Woe be- tided any who differed from ihosa magnate j I It was thus tho Council became the mere tool of the Governor. Thus, when Sir Jajies Ckaig abruptly prorogued the Parliament — on the occa- sion, if we do not err, of Ih^ir declaring the (15) sett of a Judge who had been elected vr.cant ^he read tho Assembly a lecture, euch as mil) t»ry gov>)rnors gave in those dajB of mis-rule, wbilo bo complimented the Council on their pAtriotifltn and sen»e. Tho whole history of Lower Canada is full of successful guberna'orial scheming to strengthen the Oouncily in opposition to an As" sembly who, while, it must be confessed had right always on its sid«9, was sometimes somewhat Impracticable The fact waS} that tho Government of that day failed, because it was not p08sible to be carried out. The British form of Parliament taught the Frenoh Ganidians the blessing of a constitutional Govern mont, which was but imperfectly developed. The Legislaiivn Assembly had only power, in short, to be m'schievous. It is easy, therefore, to under- stand why the Legislative Council was assailed — and why the opinions then expressed became a part of the creed of Lower Canadian Reformers, which when their hour of triumph camo, they put forward as a party measure. But we submit that the whole circumstances of the case are entirely modified. The introduction of responsible Government placed the Council on a new footing. From ihe hour that British practice became our system, it was inopera* tive to bolster up an unpopular minister or to sustain a Governor, perhaps, well meaning and honest — but prejudiced and unjust. In our opinion the Council now occupies its true position and if we attempt to a'ter its form, we do so not because there is a necessity ( 1« ) lor change — not becauHe the ^commonwealth find^ itq working unwieldy— not because there has been in* justice in its acts — not because tliere iias boen a lack of patriotism on the part of its memberH—not bccuusa it haMoauflod an impediment in public businesH— but becauHe, some twenty years ago there whh a nccoa- sity of gome alteration in the body, and that those who advocated ouch a measure then, wish their foliowers and disciples to advocate the mcaRute now. vi