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Les diagrammes suivants illustrent la mSthode. 1 2 3 4 5 6 I I i^ I ,{juj. Qi.'JkrJti L E T T E K S, ADL>RE4^lfX) TO THE PEOPLE "bF TilE CANADi*:^ ^NO BRlTl:iH yORTli AMERICA. ON ELECTIVl^ INSTITUTIONS, EV \y EAST ANGLIAM. C O B O U R G : rRlNTlD AT THE nETORMER CTFlCZ.. 1835. I •Jp' / . APR ? 1S44 .*«* £^ Jj l\v ELECTiVK lI^J^Ti'i'L'TiOISS. irt LKTTKR '. To the People of the Canadas and Briliih Norlh America. »• 1 particularly r commend to you to cjiplnin tU.^t tlii« wt- vinroib.si.«ji.larly Mesfud, not v.-ith h inut.l»ua oo,KStjt«_ tirn, but with i«. ffm.-tiiutioii wliicb Jia,s siood t.-.u t'jjt <»i tjil.ciience, ami i» Tiit vtUY ima.^k am. t:m vhukii't cc luvr<.F (inr.vT I'kitm.n.' -j-jc(.^ is our jiioud boAst. Uriti^ii liib'.itulioas have been tlie adtniiatiuu of every .Tio ,ui.U(t of every vountiy, as Icing tljvoiable lo it-.a j.olitical, civil, anu'icliji-cusr libtit.y of the p;'opi«- '^'^^^ secure fioedom of scnlimeu* to cv.^'V iniui and jieiuiila l.lie light piiblx-ly to (li-eur^t ail i.tilitical subjecla, uhelbei- ihey h.ive relation to iiintUunoiu of goveiu- ir.enl 01" its adai;rii^lralioa. V.hon thty are iield ia veneration by a ^Jtople, it ii oiien as d-dng(-rous to at- tack such insiu;t:(JU5 as .t is di.li.uit to di.^pel any prejudices ia tiie r favwr. AH history ihi>v\:, thut, whatever i; s iiuiio! s u:ay have been by conq .e;>t cf cUnr^vige n i .fivju un '.ho^e which wcrfi ea.;!:-! c.>ii- sau d la a cuuiihj , thtJt ear]_, jnsMluUcus :^i!l e-..r %' I ■•ilfer mocti or Ifs< puvul. Tlio inorennae i', t'.e in-ne -icred Ihey are hM. lt» young r-oiinfrlei lil.e t^iese ia BriiHli North America, it is ihe .lui) of every able aule ou uhiih the English constitution is based h that tho If^M«l;.t!ve power bc'fii.g; lo |Mliir..fnt, wl/u !i cim hii)tu\litf.li rauulcnc anicoJ or r.iicrit. 'Ihis ait esl;iblis!:ts a Legislature in lliese provinces and pciiJiitp i!ie f xf»- riso of FiispondcJ powers inliorent in the pcoplft (i4 Hritish Fu'ojt^cts. That this legislature cantiol be liU thai cf liiighnd must be e\id"nt to all, sinon wo liavo not tbe tb.'nieiils in our society v, hernwitli surh a l<'-e of Ap.^rmbly ia elected by the people. 'Jlds is according lo the theory and praolijo of tlic ('anadian con-i'.ilutioi'. The second brancli of the legislature is called ilie Legislative Council. N'^'hal is its tlieory and piaciifie in- how is it constituted and elected? The fiincis of the constitutional act never intended that, the division of the legislative power should be accompai.'"d by an uetua! division of the pooplo They could n -vor nave in- tended to lilt tip society into hostile ; olitical pHilie; ; and that only one party be in theLegislaliveC' uncil cud only s.nother in the A-r>einbly. \c>, that tlitre is !!U(>h an actual division of the people wiicrcvcr a Legislative {J'ouncil exists, whither; slnll I flee to avoid the proof? Kutto Lower Caiiada, for U is fiiere a.-; v,f!l as her? ; rtar to Printie Ldward'?, Nbw Jjrunswick, Kovascotin, Kewfoiindland, for it is there &•; well as at the Cape (.f Good Hope and Au^lrakwia. Such ijcgidaiive Coun- rilf? have not " the Uiagic of dignity'' to give weight to their resolutions ; tiiey have no claim to ihd respect oi reverence of the people. Hereditary titles and perjOB^,! honors nn} ^ut.- \sfi-l.l a.id luwci to u lu^U'laa\e J)0(ly; but v.hil wti^lit niul power ca:i l.c io a few linkers uilors, sol.licrs sai oi*. &:o. .Vc? To ul.oni better (-aa wt confide Ihc txerci >vhich are all artfully blended together in cui k-gi .la- tivc Councils. Such a body must be well calcui. ted to produce an equilibrium in the brandies olthe Icyii* Uture. If it be the fulcrum of tl»e lever it must be like that on which Aichimedea wou d have moved Iheeaith but if placed in eitlicr scale it will hz found ■ "» • something more than wtiglit. It was the f those why fl;^mtd our ConslituUoiial Act. « gislative Council should bear the sJmc reL of tho other branches of the Legislature 03 t'.iC I'cers in Enghnd. IJut in practise this. Couucii . be a mere cieature of the Crown c'uring whof** jdea- surc its mcmberd hold their office. Deriving their pov> - cr, influence, and honor if there be any from sucli a source, and holding them by buch a precarious tenure, all their act;* and deliberations must be conformable with the wishes and views of him whose breath give tliem being ; for if they are not, they render themselves liable to incur his displeasure and to forfeit their oOice. JS'ot so the House of Lords ; who, without apprehension of being divested of their oflice, fearlessly repel the ag- gressions of the crown and preserve their prerogativei while iliey watch over the rights and liberties of the people. While the House of Peers is a sepeiate, dis- tinct, and independant branch of the legislature, uni- ted with the other branches it may be called omiapo- tent, and disunited it is powerless ; the Legislative Council is dependant on the Crown and independant of the Commons ; it is inseparable from the Crown and nil y) I 8 tef trate and iJi«linri fu>m ili- rommoiK; lu Interc.M* are to subserve lliemsfclves ami the down anJ rirc ho.- tile to those of the people. I have? used the woi il f 'ro« n , but I wouKl not wUh you to l.nlieve that the best of sovereigns would ever have such a oody a8 our l.tgis- lative Councils subservient to his Crown. It were well that the King can do no wrong, could he be ch.^r. ged with the mal-practisea of such a body, which feed on the life blood, oppose the welfare, and obstruct thn good government of hi., jyal subjects. Could ihetruth, from the distance of a thousand leagues, reach his ro)- al ear, it would not be long ere such noxious creatures were swept froni existence. Could British subjects be made wraitors, could .heir loyalty to tho best of sover- eigns be shaken, it would be by the acts of such a worthless, tyrannical and ii responsible body as our Legislative Councils. It wa« never tho intention or' those who framed the Caindiiri cons'itulion that one of its branches should be directly or indirectly self elective . 1 will not dwell upon the declaration of members in both bouses of imperial pailiamenl that tho Legislalivp Councils of the- Canadas are in practise self elective. J will not urge that A plays into the hand of B, B. into the band of C, C. into the hand of D. and D. into the hand of A again an endless and profitable game. It is a well established principle that were even the number of the House of Peers to be limited it would confer on that houeethe power to elect its own members. What then r«iu«t il be in these colonies where there are but lewmembors and Etill fe r attend wht recommend to the Crown, alias the red-tapists of Downing street their brothers, sisters, cousins, and cobiiexions wfc^m they think fit to have so high an honor as to become their pliant tools. Had they^not ever been strenuously opr 5sed, by a majovity of the people, ere this probably an ignorant, haughty, tyrannical, and purse-proud aris- tocracy might have been created by these Legislative Councils. Could public plunder have made thtm,they I mini have t.^cn wise, virtuou-, vmIiIiv, f^nil Iioiioial»ie. l.iU such a tunly in New Pyntli VVuIen, were il cl.«ir jriteirt-f, fliO)i wotilJ plij(jiJ('i iMcvi'*, ]ay be I'lpii apology (hat oiilj ttj aj)!; no aii-tociary, wilhout ]/ersonal honois or lifrodiuiy t'nlo?, it j^ essen- tially necessary that vliey Itave I inck'd estates. Jlenceiiis, 1 jne*^umc, ftccording t.> Mr. Kllice, late ^:inister at War, "it wastlie fasliion iu Upper Canada toi very counRelloi to gtt a print of from 5,000 to 20,000 acres, to the great detrimei. of the oounfiy and the gieat nuisance of the inhabitant* around." Nor are such i^rants i.^ fashion only in this province ; they havi' l»cen oxlended to the same bodies more or less in all British Nortli America. iJut wlien it is conRidered J»ow valueless land h tiiought to be in this part of the world, wheie it is covered with forests and ii habited *>ilh wild beasts and not with baronial castles and hereditary bondsmen, it can be no wonder that some- thing more must be requisite to a^je ar aristocrary than merely wild land:!. It can be nothing loss than free access to the casual and territo'ial revenue. Without the consent of the local lej^islatures or imperial pailia- m*^t»t enormous sums are annually given to the members of these Legislative Councils. For proof, to the gentle men whom I shall select, { do not wish you to entertain as individuals t'le least disrespect. I'hey who have pocketted the pounds, no doubt their consciences oro easy, lu 1833 the veceip;sof the Casual an J Territo- rial Revenue in the funds denominated letter D or Canada Company's insl^alments, and K or King's Rights, were £56,230. The expenditure from these funds was £34,682, leaving a balance of £21,548. I am not about to tell you this eypenditurc has been ap- propriated to making and improving roads with the consent of parliament ; but without the consent of any parliament has been chiefly given to pensioners, place- men, and Legislative Councillors, of course justly for services. A Catholic bi?hop, iu these hard tiraca for Catholics, may deserve £oOO and his Clergy £1)00,— I 9 MM .J 10 more oepcclAlly \\hoii out of llie sime ivu.] X8,,5';0 ia I'iul in ail! cl' tIjK s.uiij'Oi! o! f;."j iiiiui-Urs of i;,« Cliurcli ol J.nglamJ in ihis piuviuce nriJ J^iGll for the SHjijiortof iMetliodist missiooaiies. The sum of X180 was j»aid the same je^r for house rent for the Lo:*! bishop of Quebec! L'ut it ii not probable tliiit a Catholic Bishop oi an Aich Jeacon can sititi the J.tgia- lativn Council. >.otfoi being piesideni of the J.xecu- live Council, for whi,.lj he receives £1 1 1, but for bcinio,i of £I,2JU vvd8 paid to Sii \V. Campbell; £1000 to lion. W. D. Povvell; £450 lo IJon. J. M'Gill ; £60:) to Hon. J, Wells as Treasurer ol the U.C. College; £200 to lion. D. W. Smiih, late Surveyor General; a id £580 to IJon. W. 411en, as Commissioner of Canada Company. In 1834, the leceipts in these funds vveie £51,486 and the exj)endi- turo£2a791C, leaving a balance of £-22,570 ; which is about £1000 more than the former year and thus the whole receipts weie nearly expended. Of this sum, Hon. P. Jiobinson's salary for two years as h>urvevor General of Woods was £1000 and as Co.nmis.&ioner of Crown Londs £1000. Hon. J. D. Robinson, to make up his salary as Speaker of the Legislative Council, £450. The other lloncrables received the same this year as the year before. From 18v>4 lo 1833 the Hon. Dr. J. Strachin received out of the Clergy Reserves fund £3,553o It must be borne in mind mat all these Bums have been paid without the consent of either the imperial or the local parliament ; and also, that be- eid-js these sums, large salaries are annually granted to tbe same gentlemen or their families by the local legis- lature. With these salaries I have nothing to do ; but whether the other sums ue legally or iliegally granted what are those who receive them but public paupers or pub'^cplundereri ? 1 would cot have you believe that the framers of our conslitutional act ever intended such men to be members—the chiei and only active mem- ^ liui-ltrs of l!,« XiOMl for the sum of X'lSD . iirveyor Kumi!>&ioner of nson, to make ^tive Coujicil, the same this 1833 the Hon. irgy Reserves inat all tbese of either the ilso, that be- Ij granted to he local legis- g to do ; but gaily granted Ltlic paupers or elieve that the itended such active mem- H ben — of the I'ppfr House of cur legl l.it>.up.. I wouhl nul have you boliove ihal liiis ad uiithoiiso the puy- ineiil to thfsti men E'.:ch eiiyrnious bums for Ffciel or bpt'cial PtiVK'GS or vathor to enable ih'jm lo npe an aiistocia^y. These monies must cither bjlong to the people of Britain, ortlie people of ('ar.'"Ja ; if to the former they cui be only CTanted by imperial parlia- iiv-^nt. and iriotlio latter, to wiiorn 1 am of opinion th\v were conceded by imperial ads, they c./.. be only j^iurilfd by the local legisslature. But one branch o^ t!)i8 loffii'lalurc gel these fuinn lur ils own uienibers V. ithoiil the consent of the ollur l)ranch, which repre- ^•l'■.l'.s the people. V»'liel tier this be the theory of our conylUulion you can j-idgo ; but 1 will not do you the i.ij.islicc to believe ti:it you will admll that lirilish htatesmcn ever framed a conslitulion for lirili(-:h fcub- iects with such a theory wbiilever may bo ils corrupt and illcja! practise. K or vviil you easily bclievo that these stale 'men ever intended '.o blend together in one body, to hav« a discretionary power in the inakint? of )uws lur Ijiiliih subjjctrf, the cxer.utivc, logis'stive, liidicial, and (.'cclcsiaslical jfower. What is tliia but the climax ordosp!>ti;:.m ? 'the J^Goisk.tivc Councii is <'onipu.«ed of t'lv jocmberR of the Executive Council, tliicf justice and judges, archdeacon and bishop, and tinkers, tailor?, £oldicr^^ sailors, &c frc, all endowed intuitively with a deep and thorough knowlcJ^';o of tho KiifiriCiorjioveriiiTiin!. Tiio lliruie no.nliral brariCho:5 of the Logi'lati'.rc ir, thus virtualiy reduced to two ; iho e ):Ti'>inod and propoad.M'a'in^- influence of th(! Couiici!« and llv-'ft.'. of KxGCiillve r^Miders tliatof the lluu-se if /.BSi'mbly us u IcgishUlvc body nuiratory and iiuil. If th:3 woro ial-jnJdd to be an exi'jl nioilol, or'^tlje very i.nuL'c and tninfcripl," as v,-c are told, of the corjslitu- t on of CrcalBritain, it hv.s proved, ai'ttr tjcarly l:L;!f a century's j^raclite, a ii;(5-l natdahle (.i.d thnsy piece orinachin'3ry li is th-n no wor.der tl.hl there is no larn.ony uniouif the n voiai branches of our Ifcjrigla- luro ; m;)rc» espeiia'ty bcl.Vfipn t!ie [.OfriKlntivc Cniiti>-uso c.*Wiif'iiib!v. Iknv niiich was ialc'v i J v., L VI r.JaroJ in the mother couMlry iro:,! the collision of th^ poers and commons, vvl.ilc the confinnal clafhin^. of Iho branches of the clonial leai^^Iatures excites uo^fear whatever. Not only is our society cut up into ],osfcople ; foiasmuch one branch of the legislature i.s tyrannical, uucou&tirulional, corrupt. p 14 s^nli-Hi M:«h, 11 , ii!:;>(ij!!i;(fr, miivii ;, l,{cf'i"n, i^'u o'>Vriii'- • ive o! coltniiz.utOii ^imI ti>tfiil lif>i,| .jio!-. It !»-i'l !)• /soviou-j ,»n'i fO^!aC^(i tlVO Ct-J t(i; iii'I a ii\:\i' a. o, ill.' a as tio'.v ipcucan culoiutfrt ;i tlsejc ini^hl bu Joun.! in NoiHi A Council, who "are in ihe uatuie oftli*i Ii.)u«o of Lord* or nj/pf-r hoM.;e ;" w lit; are i a oontinu.il cylh^ioa witfi tliu rep;orf,iuativovtri;or, pcj- siimiwl to bo igfKiraijt ol the co'intry, ar;d llie w:,iitn aud ui«.ht's o! its pcopl.j, usually knowin^r but lilile of ihu busint'Sj of jj;ov jinimnt, ami having been appointed rneic.'y becau-e he uants to fill a luciativc sifnauon, niust resort to a Council toadvisc h-in and to tnli^hten Ua iii^noranco. I'hi? bo;lv is eaiitd llie llxi.'Culi*'o Ccunci! anl is intended to mimic tiuj privy councd in Eijjj'Tod, bdt vviUi it btiaia not in reality any analogy ; for this is icsponsibie and ehungny »• ith the euirent of public opinion, but tiie F.xccutivj Council is a perinu nonr, stcret, and irrcspon-ibte body, aad, though snaiccdy rt'cogtiistd by 0!:r cunsiitutiuri, is Hit actuai .jdniinisirulivo go\crna:cnl of the piovincc-. U the (.lovc'inor fur the liiiio bti:ijr fuilow Ibcit couavii, h<; fo n bvcoivic-.; th'-ir loo; , but ..huiiid he hi\t- rvilfiLiuut It 111 'I i)>(!-| I iiy e.vpcjidu n i).-c 00 I5iiu>!i r»> iioxioin ari'l I lii.-a UvS tio'.v ican culoiiitfs ;i Ijouho of Lonh collision witft rho are a "pai- )l,;.overnor a;iii ru have becu luiativelj' few esei ved fur t!m am on Btifisli ient'y tried ia '.au found to bo he logislative, ers of govern • riily compa«l, i these poweii* icils it is lil»t ovt:rt;or, jm"j- i!ie w:,iitn au(i t iilile u\ lliu .■en appoiiitei tive sitiiaiion, ,d to L'liligliteii le Execuli^'o vy council i:j any iinaiogy ; he cuiiQnt of il is a |)v«- afjd, tiiciugh is the tictual ncc-. li (be :i couavii, h.- i i\ t ."vdfiviuat ]5 »lreuglh of mind to resii»ttheir cunning arts, he ii quick- ly relieved from the burdens oi Ins duties by the re 1- tape rulers of Downing-street. There is evidence tliat Governora have been advised by the Executive Coun- cil to act contrary to the clear meaning of despatch- es from tiic colonial office, which probably receive* much of its information from them; and thus, in fact, ihey alone rob and rulo the country. With the Legis- lative Council, one branch of the legislature, the Exe- cutive Council is not merely identical in feeling and interest but it is identical in persons. It administers the government and interferes with the whole business of Legislation ; it executes the laws and helps to enact them ; and the laws which it passes, it advises the Gov- ernor to accept or reject. Is this constitutional? The English constitution draws an impassible barrier between the executive and legislative powers ; for if the Crown were allowed to take an active part in making laws, it would soon render useless the other two branches of the legislature, as to an extent they are in these provinces. These Councils, all the individuals in one having seats in the other, and may form a ma- jority of its quorum, blend together the Executive and Legislative powers, which is the climax of despotism. Then again, judges and ecclesiastics are allowed seats in these Councils. In this Piovince, and it ii well rieirthe same in the lower, the Chief Jus'ice ii speaker of one and an Archdeacon is president of the other. When it is borne in mind the Executive Council, which in the lower province is the Court of Appeals, the highest Court of judicature in the coun- try, has the power to advise the appointment of judg- es, coramissioaers of peace, sheriffs, peace clerks, co o. ners, and others.not only the judges take an active part in enacting laws which they will have to expound and execute.huc the whole judicial power and patronage are in the liands of men who may make a majority of a quorum in one branch or the legislature, is this coo- siimtioiial.? Theieiaa maxim laid down by DeLolmewIo I: i ■1 ■ I ■I I I p : ■MCP 76- ii:!u''.,.,-£ (nj the rin^lijl cial HUlll Still livu [):).', cr. tiio i on}}- ougla nt'vor lo 1 conylltutjou '-thi: iUc jui/t JCdid IC3;^ ui an independent; III lijai vkho is llie (rusiee of th Aiotii ^tcci: e cxocutiva cuunejl the tiu.-,(ee 1 wiioiu are ihey i >ey ie<:po!itibJe and (h xt-eut.ve power f Are they an iuJei^eudent bodj . ill wIkhii do tl'o or iadirect!y iiv power and j'Jdicia! ruiiioiily iciJc if ijcl directl M iUcri. tlius po::..sts.s;.ig the judioiul (arrv bolli wit!) th em into Wli.it pjtroaa're, are allowed to one b iUK-h of the legisiatur '-capthecli^iux of tyrinny and despotism? C H exfcc.iiive power to ecc!e.,iasti:s 1 Ti,ou,,h in :! iTioie is wante d till rlVU liO «arly .aes of tho Chri tian chmch tho b-sl.c,-., «CMe elected by tbe peojde u.id the clergy bad no seci- 'ar cares to eu<,,ioe their (houohis and attoniions it ii new u.cc3.a.y. in this euligMentd age. thai an arci.^ iSfuii fhould adniiniijter Icmporu; with sp:ritual toncerD^, s! ourgovtrnmenf. sliould bier.d cutive and lei^islative c )unfi!!or, and hem U OLild be both exe. le c huich uiid the people become the I, rd and t<:crci:i, for l!.c glory of (jod and the salvali le servant of ruk'i- !Cii a^uin, wiiat aie the other men \v| ♦il'th but Placemen and offict^-huhicra and on tf tnaij. 10 (.•oiivposell.ead .eo'ji Uj make them.^'.elvt.s, for the Are they tit most fit and j servants >ropv:r peisooR aws ? For who>n wiJl they icgisKite but lor .crandizemcii!, at fl hO ciieck or coiitio^ • hoiity fir thLii ^ r cwn liitercsts, fcr their On n a2« le e xper.se cf the people, v>ho have over (hf.'rn .-' U bei. tiOimous salaries ce 13 Uh ih «^our«euf their pubiio plunder, in lands and .. ply or their rcprtsen.a'ives ? Did iln- peo The M.'.il tbcMe nitn .siioi'.ld divid tnornioij'j sjni,- i exi cir a(j- ence liic money ? Cun- o^ni^'cnt ti.it tUic. i.tu should aj ••Civcb r,n>] fan) ilv ( e anicrg thtiijscivcs (he oscd ill my Ijsi letter ? j)id tjjey >j ioj!ri,ito to thcfij- 'y irurn one thousand to live and t'. f;;iJiif.aii.i »..>;<,<' of «ild land*? I^ul i icse rr^'ii are liot Kervaiit^ uf ihc people, ibev ar.i the f, rants, t r Js. cyOn .fll iC pei-| I., t iiow tiifii ( ov\n and cu tiur n'jti-- ff i', I i tj I ;> iCtli T i.( V it ii im hot rniiu'jil, tliwugli iheh bags are hurdii.ii^i^ v>~ioJy h<%ars any analogy uilh nuy conEtitutcd body in JJrifain ? The Sciilr^ nnd Iri;-t» pdfivs iUii clcclive ; the English peers a'o hereditary; but this birarious body are life Icgislatois appointed b^ themselves in tho naixie of the Ciowii. Excepting the bishops, (ornitrly eiocted by the people, .snch creature* are altogether unknown in the mother country and ihey Iiave always died nuierably in her colonies. That sy*- ien> is (oodebi*ing which estimates a man by the quai- itiesof his ancestcrg ; hence ue deem it niore polilielo ilignify tho poor and the obscure; and to prevent virtu- ous enjulation, lo liedge them round with bsirriers ira- {jassiblc by the rest of tlie community. Entrust tl^a public wealth in the- handa cf such men and will they cot make good use of itr' Nothinsr is more conducive to the prosperity , the inleiiigtnce, the seouiity, the peace, an-d the happiness of a colony ihan the disivQsal of waste land for the re- moval of people, for the greatest progress of coloniza- tion. The executive council have the management, or latljcr mismanagement, of a very large portion of all l.he wild iaad,^ of the countiy, to the great detriment of its sotllement and the great nuisance of the people. Tlieeltmenisof' colonization are wild liud and there" movai of ptople. Jf there were no wild land, no peo- f le would remove ; if no people would remove, wilj land will be valueless. When wild land become* prjyaie ^iropfiriy it erases to be ?.n elea.ent of colordz^. J I i J8 tion; and the motive for settling wild land, the pro- pect obtaining a property in the laml on the ea«ie.t POM.ble term3. is removed. It is, therefore, a rule in . art of colonization, that those having power over MMld land and seek to promote the removal of people, .houd never diminish that power by the disposal of wild land, except for the removal of people for the greatest progress of colonization. No doubt the cxe- cut.ve councils and their adherents, ever boasting their anxiety to promote immigration to these provinces, have «tnctly observed this or like rule. It will however bo found that these men have destroyed as much as they possibly could of the primary element of colonisation by getting to themselves the largest possible quantity' of wild land for nothing or as bribes, which, being lo cated throughout the country, that it may rise in value by the adjoining lands becomingsettled. and thus taMne the labor of the settler, enhancing the price of wild land at the expense oHhe immigrani, and destrovin. the motive for removing to waste land, disperses tho colonists over a vast wild .and uncultivated tract and thus prevents a combination of labor and an accum ula. tion of capital, renders them inaccessible (o a mar ket. deprives them of mutual aid and support an.i many of tho necessaries of life, and obstruct* their moral, religious, and intellectual improvement Not to notice the one-seventh of the wild lands, the whoieofwhich a political church is ready to swallow up ; nor of another seventh reserved to the Crown the alledged proprietor of all, both of which reserves are 10 the midst of lands become private and improving property ; and both of which, for a long time, like the doginthemanger, they would neither use themselves nor permit any one else to use; unconditional grants of vast tracts have been made to any one who could find favor with the executive council, or Governor, or minister of the day; and grants of smaller tracts, v^ith or without conditions, to disbanded soldiers, navy and «my pensioncri, pauper immigrants, and to others M% c I id, the prot- ti the easieit e, a rule in ■ power over 1 of people, disposal of jple for the ibt the cxe- oasting their 'irces, have however bo uch as Ihey oloniziition, Je quantity ii being lo- se in valuQ thus tavJDg rice of wild destroying perses tho I tract, and accumula- o a mar- pport anfl obstructs jrovement. lands, the swallow 'rown, the sserves are improving 3i like tho bemselve* tial grants 'ho could vernor, or lets, with navy and then nhh IS or unable, willing or unwilling, to use the propertv j and without law, without system, P.nd without check or control of the people, their property has been lavish- ed with the greatest profusion, rendered insecure by unknown claimants, and the primaryelement of coloni- 2ation, 80 essential to their present and future prosperity and happiness, has been wantonly wasted and destroyed It may be now said luat this maladministration of the wild lands has partly ceased ; but are not its effects still felt ? And more than that, the profusion of the executive formerly and its caution now must have an opposite tendency ; and if its caution tends to increase immigraiion, and, as increasing, to decrease the pro- portion between the people and the land open to cultiva- tion ; and consequently lessen the proportion which iaud should bear to people so as to produce the hi«»he8t profits and wages, which should be the immediate ob- ject of a colonizing government in exerting its power over wild lands Thus the executive council, aid adherents, by swallowing up the wild lands, have not only destroyed a large quantity of the primary element of colonization, but, by lowering high profits and wages, have weakened the strongest stimulus to immi- gration. What would be the use of their wild lands without cheap labor to cultivate them ? They are the friends of immigration; but why? That the immigrant may huyor work their lands which they obtained for nothing ; to make the immigrant their servant, serf or slave. He goes, in consequence to tho States - where profits and wages are high, and where land is cheap plenty, and disposed of systematically by law. At the conclusion of my last letter I showed that in Lower Canada no less than 141 bills, in nine years passed by the House of Assembly had been rejected bv the Legislative Council, which likewise so amended about 70 others, in the same period, as to cause their rejection by the Assembly. During twelve years, in this province, 195 bills have bti-n rejected by lb. Lsigig, gislative Council, which have amended between i^nty i \. * ■ \ 40 aaj€otfd hy ih« Assembly Of ninelytwo bills originating in the legislature of Upper Canada the last session, Uiirty-four passed by tho As!.embly were rejected by the Legi^lnive Council, whose amendments of two olhers caused them to bo rejected by the Assembly; ei^rht pRssed by the Council were rejected by IhcAssombly; and five passed by both houses were reserved for the nignificafion of !.is Majes- ty's pleasure, that is, were obstructed by the executive council a poriion of the Icijislative council. Thus out of 92 measures, forty-nine were obstructed in thtir passage, of which many were esseniiallv necessary for the good government of the people. Taking an aver- age of ten years, and both provinces, full twenty mea- ■ures of a public nature, passed by the rep,esentaiive» of the people, in countries in which seldom more than fifty or sixty measures are brought forward, have been destroyed by the obstructive character of our Legislative Councils. They afford an admirable sy«- tem of checks to legislation, never before practised by any government. A useful measure is passed by some thiee score of the representatives of the peoj.le ; it ia forced by the pressure without throi-ha Counci'l of « score individuals J a half dozen of whom in another council is compelled to pass it ; and lastly, a single wisdom box three thousand miles off rejects it in the name of the Crown. This is legislation by a colonial independent parliament. In conclusion, it is vain to force upon us the blighting principles of aristocracy • in every colony ia which they have been introduced! immediately their effec.s were felt and the people were sufficiently nurnerous and strong enough they have ever beeo successfully resisted and ultimately ehaken off. J remain, Your humble servant, ^ ^AiST ANGLIA^. II Af.urr.bly. € of Upper I by the I Council, em to bo c Council ;d hy both •is AJaje»" executive TiiUH nut 1 in tilt jr essary for I an aver- nly mea- sctitaiives cm more ard, have er of our able 8y5« ictised by by soma >le ; ii is incil of • another a single > it in the colonial s vain to tocfacy ; reduced, •pie were ave ever 1 off. A AN. LLTTCR III. To the People of the Canailas and BrUinh North Anierica. ^'•Tlie sjnoila nnd councils formed ^7 '!.•? clorry nffoTdrtl the fir^t pat «.rn of ehvlivc and r('priMfntati\c jisrru.Lilcrt, whicli wcrt! adoj.tfcl by t\w huiiipondint e«-'"ius «f tlip Ceimanii; »ac , uiiu VVIIiCH UilNii IMJ KSt;l{\ ID FOR V.AS\ A(.1.S l.\ KNGLAN.), l-KOMISR IN J Ilii MNE- Tl.KM'H C'ENTntlV 1 () 8PHKAD 0\VA{ A LAIU.E rOH'l'JON or WANivlND."--S>ir J. Slacmtobh's Hiat. JJDgl.md. FnTJNDS AND Fr.LLOWCOUNTRyMEN, In nriy first communication 1 have endeavored to phowund llattur inysolf I have shown to your entire satislaetion and coiiviction that it' the Canadian Con- stitution I'C an exact model or ''the very imago and transcript" ol" the English Conetiluliou in theory the Canadian Constitution is not nor cannot be the samo in praCieo ; and it it be not an exact model or "the veiy image and transcript," the theory of tiie Canadian Constitution is not now in practise. My second letter, Itrust, establislied beyond a doubt, that tiie I.egislaiive Council, one branch of our Lcgislatuie, is tyrannical, unconstitutional, corrupt, anti-liritish, unpopular, cdious, factious, and obstructive of juhinization and useful legislation. If these proposiiioris aie proved you must clearly perceive the consequence, which is loudly demanded by a very large majority of the people of the Canadas and by numerous bodies in other British colonies. There are it is true some difference of opinion as to the precise nature of the change; but all are agreed that some change must take place in the cooslitution ol our Legislative Cpun- I I I r^ 13 fil ; whicli, I am of oj)inion with very many othcri, •bould be made ELrcrivE. I will tliei^fore now prove that the elective principle hai- been at diflPerent periods cpplied to constiiute all the several branches of the I':l)^!ish legislature \ and I.— That the kings of Eng- land before and after the ronque^t were elected. If. — Thatr* poitlon of the House of Peers has been from time immemorial to this day elected. III.— That the Jlouse of Commons is and has ever been elected. Thi« elective principle is the biilhright of Knglishrren and all wiih'nthe pale of the English constitution. It is lecognlscd by their most ancient laws > it was again confirmed at the passage of the Reform bill, and again .t the passage of the Municipal Reform bill. I shall not put any stress on the first proposiiion that the kings of England before and after the coiiquest were elected j but will give the proof and will add Paley's opinion on an elective monarchy. We perceive by the quotation at the head of this letter from that eminent historian, Sir J. Mackintosh, that the elective principle was very early adopted by the German nations. Their princes had no other title to leir power but their fiee election by the people. Theii conquests in Gaui, introduced the same principle into France, where, durit'g the two first laces of its kings, the monarch was elective '^ l-.ortly aftf I'le arriva' of the Saxons in Eni,iti«, auLUt a.i>. 449, the kingdom was divide'' into seven parts or principalities, in each of which •weie a king and commM/ie conci'ium or parli; leot; and a general assembly which deliberated on thi common affairs of the whole heptarchy. There is evidence iSat the parliament of each principality had not only the power to elect their king- but some instances are recor(i»d in which they deposed him. Henry of Hun- tingdon.an early historian, records the fact that "King Sigebert, growing incorrigible, the great men and the people assembled together iu ihe beginning of the second year of his reign, and deposed him with unani' mow consent.^^ History teatities that the great Alfred I" .<■■■ e, u:.i a«sent cf the king is likewise necessary to the validity of the acts or canoni! ; and the king can prorogue, or dissolve tlio oonvocaiien."' 'I bus we peiceive i!ie asseniblies of the cleruy afl'orded the patten of the ICnglish hgislafire. I sliill nosv sho-.v that tli^- l>isI;ops who not only formed the l'i>per Mouse cf their convocation, but according to our niodern peers, a portion of the Upper House of the English legislature, no'fi ehclcd by the people and the consent of the cU;r£»y U recited in the ancient laws as necessary to their validity. T nave a'l di<:cus- Eion on ancient church govenment and the distinction between bi-hops and presbyter, which have bc-en the subjects of much contr.iversy, Tho ancient fathers ot tho church tell us it belonged to the people to chooso worthy pastors and to refuse the unworthy. Bishopg ^c;^x^ ftV first appointed h^- tlio v.liole ('oiigrr^;atiopj e conferred tlic elecfois the compe- en, amon^'Jt ly, tliat, ns I are seldom ingle reign, jspetity and •'lied, unless ' of public asuc'^;c3.''ion 2r? lias been Acooiilinjj pvnoilrf firnl trn tii3t lias , of elective r,ti tells us jlaiid on I he tl';e Uj)per (J fiGni I lift .i aesent cf ,■ of tl)« acts dissolve tlio iblit's of the hgislat'ire. nlv formed according- r House of people aud he ancient a'l di<:ci)j- di9!i;.cli()n ve bi-oa the I fdthers ot c to chooso '. Bishops iigrp^;atiop( foiiB'.stinff ofelertry and hu!y, as tln-y were at'ierwardti Called. The people ii» t!;e west preferved this rinht of cliusino-^thtiir bishops liii tifter Xho ra'i^n o!' Cl'.;'.rle- iiiaiaiio and his sons ; and even to thi« duy Lishoffl nre elected thoLi!>!i the choice is directed \iy the kini^. Were any prool* r«quircd that tlicso lords spirituoi were elccled, the very fir.^l. articles of ma^nu chcria wHiid amply afturd it. l^his liis'inn- fouiui.ition ol' British liberty declares .it its very bogiiinlMy that tho freedom of election was secured to the elvriiy ; and tho r(>rmcr cliarl^ir of tho kin^ was confiriTK.d, by which (ho Jiccossity ofa royal corigc-d'c/irc aud connnnatiun was supcrsed'^d. That tliese ppiritiia! politicians and fl^htinj barons have had a hand in frainin;^ English laws from li'.no iiiiincniori.il I presume \viilnf*t bo diiTputed. 1 .shall, however, cite a passage or two lloni tincicnt Ia\.a. In one cf tho inoi^t ancient extant, Kthel wolf's charter of tithes, was t^ranted ofcour?e '••by t.he advice of rny Lbiiop?; a::d other chief men (»f»ny kingdom." Tlie folbwing is fjoni Dr. VVilUijis' translation of Saxon lav.s :— ''VVihlred, tho kir.g- of Canlerbury, iu the fitih year of his^ rciT;n and the sixli d '.y of Ao;;r'-iiit, in a jilace called i>eri2hairif.lyde, gath- ered iho principal ['ei pie tocouiici! , there were ihcro c// //ic r/ral £li'ii?s in the 1 1. use of Lords. }icccivin:r l;»cir preferment /roni a couit and havin^r fm-lhtr (\- pocUilio!!)? from it, l.is^h(i|;s; wiil ho £-enf:ra!ly in li e irtt.rest of l!;e f ,erf and ojpi.ted to li;e interests ef tu« j'::-j.:o. iJw\v«vtril i . -t i,.:.i- t' - s ^^ ( :e a.ieit : t!v : : .4 36 i ff ejected by the people ; and whether the ancient peer- age waa or was not like the modern, or whether the House of Peers was or was not distinct from the House of Commons ; a portion of the members of the former was constituted by the " elective principle." But one of the strongest prooHs that can bo required of the extensive application ot this principle to Brit- ish institutions is that at the union of England with Scotland, the Scotch lords were empowered by the act ofunion every new parliament to elect sixteen of their own body to repre.?ant the whole in the English House of Lords. As if determined that this elective principle should not be wanted in our glorious coristi- tution, at the union of Great Britain wi'h Ireland tlie Irish Peers were .empowered to elect twenty four, who sot during their lives, to represent the whole Peerage in the English House ol Lords. Even the hereditary portion of the House of Lords is now aesailed by public opinion. Members of the House of Commons have come forward and, in their places given notice of motions which will be made next session affecting the constitution of that Honorable House. The popular member for all Ireland, 0"Con- nel,gave notice that he should, next session of parlia- ment, move for the appomtment ot a select committeo' **to inquire and report whether it be necessary for the maintenance of the rights and liberties of the people of Great Britain and Ireland, that the principle of repre- sentation shall be introduced into the other House of Parlianjont." Here is one of the best lawyers and most enlightened statesmen of theage proposing to extend the principle of election and representation tlnoiigh the whole of the second branch of the imperial legislature, which has all the magic of dignity ana the advantage of personal honors, hereditary titles, landed estates, and all that is essential to coiiKtitutc an aristocracy. If it bo necessary for tlie mainlennnco of the rights and liberties of the people of England end Inland, to I n^ icicnl pec-N vhcthcr the I the House the former > bo required pie to Biit- gland with 'red by the sixteen of he English his elective ous consti. i'h Ireland i\'enty four, the whole Even the ds is now the House lieir plhccri, made next Honorable rid, 0"Con- II of parlia- conunitteo' sary for the le people of leof repre- Houee of rs and most g to extend through the 1 legislature, idvuntage of jstales, and racy. If it rights and IrtJaud. to t7 i.itro4uce the elective and repre-eatative principle to»> "thi« noble, anciert, and illusiiious house of parliament, how much more,— I say, how much morc-mnst it b» necessary for the maintenance of the rights and privi- leges of the people of B.ilish North An.erica, to intro. d.ice the elective and veprcfeentative principle in th« necond branch of our legislature, the Lcoislalive Coun- cil ; which, instead of possessing all the magic of dignity, the advantage of pesonal honors and heio litary litres land.'d estates, and all that is essential to cmsli- lute an aristocracy, I have proved, is tyrannical, un- constiunional, corrupt, anti-Briti=ih, unpopulir, odious, fictions), and obstructive of colonization, and useful legislation. I presume it will now be .admitted that the "elective principle" constitutes a large portion of even the s«!Cond Iranch of the English It-gislature. But in which branch shall we find the principle by which our Legislative Councils are constituted? A more unconstitutional— a more anti-British piinciple cannot be found. No hjyal Englishman vvuald over ■end us to seek it in revolutionary France ! No free- born Briton ever intended that principle, bad as it is, ihould have been worked uith such scandalous, cor- rupt, and despotic materials of. which our Letjislative Councils are composed. Did Pitt intend to put be- neath the noses of free Biitisli subjects a nuisance that di^ousted and disgusts so many British colonies ? Did fox, while he contendeJ these Councils should be made elective, consent that fiee Biitish subjects should be governed by a nest of ii>noble, bigottod, ignorant, pau- per tyrants ? III. — I presume it requires no proof that the house of Commons is and has been elected. The passage of the Reform bill was but another triumph of the "elective principle ;" and this same sound constitu'ional principle has been applied to Municipal Corporation", by which they were anciently constituted. When these boroughs were enfrano hise 1,'in the vleciion of municipal oSicet*, U«G gift wwa» »»ut for ttie exolo^ive enjoyment of a few, \ ■i • > ! / \i i .1 s 1/-II tiiK iulubitaots roilectively extici-c.d ut the community, and preserving the hbenies of the people Ly supporting a due balance between the pixverot the Crown and tiie rights of the subject was lilt- main ends of culling oi parliaments. In this pro- vince, the passage of the Township Officer's bill was? a triMT.jjh ot the "elective principle," and is a viedge in liie bluck of corruption. A due and tight exercise ui this principle in the election of township officers will pavo the way for its more extensive application. 1 mean iiu elective JLeghlutive Council and have no intention to conceal what i mean. 1 believe it to be the only i'Oii>tilutional reform — the only true British pri'iOipl« ttiai ran be applied toour Legislative. Council to ensure thi weiii;i« »od good govvnuucni oi ihebO tine provincei. 1 rei.iaio, Vonr humb!^ servant, A.N LAST ANCLIAX. I n 1 n I 39 LETTER IV. To tha People of ('he Canndas and firiilfh North America. " The colonists antl their children phall cnjov the samR liberties and privileges in the American hcttlenn-nts an if .they had btenbornin England.'— First charcei of Virginia. 'KhIENDS and FtlXOWCGUNrnVMEN, Tliia is the language of the first .charter granted to .an Eitglish coloay by a king of Engfland anrt thi-i pro- vision occurs in almost all the nolunial charters- lie- fore I enquire whit were these liberties and privilege? enjoyed by Englishmen, in their first colonies, it may be well to state what were the liberties and privilege* required by some of the most enlightened Biitish states- men in a colonial charter, but a short period since* '4'he charter of the projected South Australian I-and .Company sought from the Crown the freedom of trade ; local self-government by elective and representative institutions ; and the appropriation of the revenues derived from the sale of their wild lands to the pur- poses of colonization. Let us now see what were the liberties and privileges granted to English colonies by Jheir ancient ciiartei;s. I mean especially to show that Jhe elective principle has been applied to constitute ail the severpl branches of sonie of the old colonial legisla- tures. At the first settlement of Virginia, itg supreme gov- crBiiivnt vpas vested in a boaid resident in England ani} f 30 its subordinate jurisdiction devolved on a colonial rotmril ihdtbicd to the appointment and subject to the Jiisircctionsof the king. This arbitrary syslcm con- tinued but 11 few years ; for i?ir G, Yemdlf-y declared his intention to re- instate thecolonisis in full pos^-ession cf the privileges of Kngiishn.en ; and, in 1G19, the first leiii.-lative body of Kuropean3 that Aineritu ever produced, consisting of the Uovernor, the Council, and 13urgesfes, elected by the seven cxi^Ii^lg boroughs, Ii.vseVbkd in one ajiartment at Janie^Town. 'i hua early was planttd in Ameiica that elective and tepte- sentative system that forms the sounde.^t political fiame in which libel ty was ever embodied, and the safest and most efficient organ by which its ener;:ies are exerc>ea anddeveloped. The government of boib the colonies of Nev York and Virjinia has been called feudal aristocrncieP. Thoy were the most despotic form of government of all the American colonies and to which ours bear the nearest lei-eniblance. J. fleisou, late President of the United States, in his remarks on the constitntionof his native stale of Virginii, says «'AU thepov^eisof goveinment, legislative, exccuiive. and judiciary results to the legislative body. 'J he concen- trating these in the same hands is precisely the thjini' Hon of a despotic gmernnientr' Have 1 not shewn that all thtee powers are oncentrated in the hands of our Legislative Counc-ls ? Jcfreison farher says, •• \ governnsent should not only be founded un fne prin- ciples, but the powois of government should be so divided and balanced among several bodies of magis- tracy -IS that no one could lr;in-!cend their legal limita without being cflTectually checked and re.-tiained by the others." Are not the poweis ofgoveinment thus divided and balanced by the English constitution? Are they by the Canadian constitution ? By this, in practise at least, these powers are divided ; but the Legislative Council has not weight, nor talent, nor wealth, nor strength sufficient to ensure respect to its resolutions ; and, instead of Us balancing with the olbw powers, it St is a clumpy mako weiofbt to one and sometliing more tlian *'an effectual check and restraint" to th» other. The Canadian legislature is divided but not balanced; it is cut up into parlies among whom there can be no harmony ; uiuduces actual and violent oppoiitionH among the people, and weakens the natural forces ot the couniry. Massachusetts Bay had an approximation to thtt complex government of the mother country, 1"h» supieme hgi>lcitive body at fiist was composed oi' all the trecnien who N^ere members of the church ; but after Hi'.i9 a Mou>o of Representatives was established* 1 ho Executive power was committed tu a Governor ; who, with a Council, wore annually tlicled by tho membtrsof the legislative Assembly. The appointment of Cjovernor, not merely in ftlassachusetts Bay, but ia Connecticut, Uhode Island, Virginia, Pennsylvania, ai.d Maiyluiid, was vested in the colonists by thtir charters. Ihis is one step buyond vvhat is wisl»ed for or wanted by the colonics of Biilish North America. They aUc a Council to be elected by a constituency in the coun- try, and we perceive that JVlassichusetls, not only elected such a c;;uncil, but the Governor also. If this was liie piivilege of Englishmen duiiog the reigns of their most despotic kings in the seventeenth century, what hasdeprived them of this privilege and why may they nut exercise ii in ihia libera] and enlightened age ? Siiali 1 now turn to the colonies of Connecticut and Rhude Island, or were their governmectstoo dcmociatic for the nice sto tachs ofarisfoctatic Jinglishmen? Theso colonies not only annually elected their govertior but their council. Every power, as well deliberate as active was invested in the freemen of the corporatio.i or their represepiatives ; while the executive of the empire was (excluded from every constitutional means of interposition or controi- VVere such a democi^^atia government. sought by Canadians, tueir ignoble and pauper aristocracy might with more show of reason vrge that elective instimtiona would 'iLisolve the bond M' ) !i 39 of connectldn between these colonies and the moth&r country. With various forms of local government, it could not be tlieir inslitutions that violently separated Ihe colonies, now a portion of the United Slates, fioin the mother country ; it was the disi^raceful attempt of her corrupt and tyrannic oligarchy to subvert their free, elective, and repiesentative institutions ai-d to infringe on the constitutional liberties and privileges of Britihli subjects. Maryland, like the other proprietary government!, may be said to have been an hereditary monarchy in miniature. Lord Baltimore, son oi Sir George Calvert, Secretary of State to Jamts I, obtained a charter from Charles I, vLich, saving the allegiance and sovereignty due to the Crown, created him the absolute proprietor of Maryland, and vested the absolute government of it ill his family. The first assembly of this colony con- eieted of the whole body of freemen; but when the population had increased, a representative body elected by the freemen was constituted. A Council of twelve persons, somewhat similar to our executive council, was appointed by the proprietor. Lord Baltimore, a Roman Catholic, gave freedom and protection to every Beet of Christians, but special privileges to none ; and the cat.^olic planters of Maryland procured their adopted countrv the distinguished praise of being the first of the American colonies in which religious toleration was established by law. Efforts we:3 madt to thrust down the throats of these Catholics a Church of England j and when this Chu. h ol England was declared to be the established ecclewastical constitution of the State, the political equality of relifjious sects' was subverted and the universal toleratior of every form of Christian worship was abolished! i~or what purposes hav© religious bodies been bought up with bribes from the* casual and territorial revenues in these provinces? Read the history of Maryiaad. The Carolinas were conferred by Charles II, on some of his insatiable courtiers, among whom were Lord Clareadon, the Earl of Shaftesbury, and others. By 1 h { 1 »j. s V ij 33 'their charter they were allowed to rrea'e an order of nooility, by cont'eriing titles of honor, but differing in ■lyle, from those uind in En|j|nitd. At first a council of twelve, to advise llie Governor, '/as constituted ; the iiulfot which was a|)i)uinled l»y the Governor and the other six were dioson by the assembly, annually blected by the IVeelioldcrs. So smitten wnie these noble courtiers with theirown order, dignity, and the distinctions und decorations of aristocracy, that the celebrated Lord Shafisbury was, unaniniou>ly selected by his colleagues to frame a constitution which gave birth to that memorable instrument '.hat bears the namo of "the fundamental constitutions of Carolina." This instrument is now recognised as the compor^ition of the illustrious philosopher, John Locke, in whose genius and talents, his friend Shaftesbury entertained implicit confidence. By tl»e complicileU machinery of this instrument, the laiiJ of the province waa erected into seigniories, baronic:^, counties, &,c., and was divided into five parts, one of which was assigned to the proprietors, another to the nob'lity, and the remaining three parts to the people. Two classes of heieditaiy nobility was created, under the titles o." landgraves and caciques, with unalienable and indivisible posses- sions according to their dignity. Besides which there were to be officers of state, such as chamberlaiu, chancellor, hiijh steward, &c. &c. In a young colony a state of things muct exist totally iucompatible with the avocati'^ns of official dignitaries and the splendid idleness of an order of nobility. The colonists of Carolina were consequently constrained lo declare it was impossible to execute the grand mo- del ; hut willing to give it a fair trial, five persona were appointed bv ;he proprietors, and five others were elected by the freeholders to form a Council, which^ with twenty delegates chosen by the same electors, were invested with *he legislative power. These fun- damental constitutions, declared sacred and unalterable;! after twenty-three years experience, were regarded by W 1 ' ■»■ ■■I i 1^.^ il 34 •11 classes of thecolonlKfs with uncurable avcrgion.nnd were found to Ije uiicrly woiiI.Ior* and iu;j)ratMifable. Thus perishe 1 ihc Icwinhiive lahors of John Locke, who, ulicii he wr.9 ex|Hlltd Oxford and a fuwinvu ,iom Kiigl-inJ, ivas .1 nohhm.m ol tlic title of landgrave In C.rolina. Tims wilj ever peiish tvtry tn'oii, evea th .ugh ri.ade by u Locke's elevated and comii.ehensivo njjiid and a Shufteslmry's Kaoiicioii> and rxpeiieiiced UfidtrsHhiljijr, to esiaUli^h the b'iyhling principlcH of arist'KiMry in America; to uhosftviiym soil, equal lights, equ.i I piivileyts, and ei^ual justice to all men are toloiie fuiioeiiiui. Ue have alieady seen 'hat New Voik. of which the LiKitted J)uke of Voik. afieiwaid.-. James IL, vvuh the piopiiti.),, vviis curbed, like the Canada^ witn a Coun- cii having •• the nature t-t li.e .iouse ol l.o/ds or I'pper House." The i^oveiuors weie appoiuleU by the Ki«j<, and history sa).s " Tuey v^ere, .nany of ihem. land juootn, beul ou uiakiog ihtii Joituues ; and beiug in- y*:>\*,il wiUi iheio>Aer lo do this, they ei.he-r euj^rossed for liieu.selve.s, or paltiittd away to ihtir panicuiar favor. les, tt vtr) yieatp.oporlion o, thu whole piovjuce." 'J he baiieliil trteots ol this dchiructiou of tiie prii. ary element oi colt.uization aie (tit to this day in tht Stale of New Voik, but lias not a like system of land jobbing beenc.nitd on in lliese jiovmces and will not its cH'ecls le felt by our posterity.-' 'i he Councillors *vere uUo appoiukd by tlie crown and acted as a piivy couiuiil to the (joveiuor, besides perlMrming ibf le"i>la- live a.id jiduial functions of the House of Lords. \Mih this Council, ihe Asjicuibly, elec'ed by the f.ee- hoiderd,wisij»coiitiim,| col.i.iou. i.ie cousiitmioa of Mew Voik appioi.ched nearer to ours t.an ih.it of any other of the old colonies ; and like oims neither insured obedience to il»e yovemineui ooi aflToidtd happinesalo the people. ^ew Jersey was purchased from the Duke of York, afterwards James IL. by Loid Uerkeley and Sir Geoij^e Caittiet. The pronrietors, anxious to exhibit a politi- cal fabric ibiit should appear desuable audadvaotagftouf Fl 11 95 to maTkind, CMtfied inro thnl r«markn le cnmpetitio» in which soveret'inA u il lejji-litorK f.um.l it their inter- est to vie with fa h other to produce the be^t models of liberty ami to tender to llie accepi.itK-o of their subject* Ihe most t ftectnal scciinlica nj^at .st arlilrary povern- tnent. 'I'hii |,oIi y, cherisiiiu^ in llic 'iiitidj of the peo- ple-' un attiith rent to libtrly an ! a conviction of their right lo it, proved hi^jhiy bentKcial to iho proviiices of JSoitli Amtrica. 'i he iiiPtniment publi^l -d by the pro|>iietoi8td' Ni;w Jersey gave assurance tliat the pro- vitite ehouhl be ruled ot)ly by laws c-narled bv ail As- Benji)ly in \vl.ici» liie people s»ere represented, and to vvbiciJ many inr.purtaiit piivilegcs v.fie t-onfiiled. They liaU not oidy tlie power ofmukiriif jiiace and v»ar. but it «as9tipulatid by the prupiii tor =, '• that they are not to impose, nor sup i tit be 2/«//03/rf, any lax, cuMorn, subsidy, tallage, H3sesuii,ent, oi any other duty whatev- er, upon any cohjp or |.rett'tice, upon the said province and in'iabilants thtrr c f, other than whiit s^hail be impo- sed by the autlioiity and consent of tlie general a^sein- lly." i iii« in--»-M(iient al^o assured religious toleiaiion to all persons, i lie admini.'^iraiion of the extcuiive power, lotjetlier with the right of a nej^ative on the enactments of the provincial assembly, were re>erved to the proprietors. Such was the fiiai constitution of Htv/ Jersey* We come now to the celebrated Constitution of vhe illustrious William I'eun. proprietor of Penney Ivunia and l)t laware, whose governrnen» and I^ws are so re- nowned for their wisdom, their moderation, and the excellence of their provisions in lavor ofJil)eity. It is not loss strange than true, this illustrious man exliibitcd, two hunditd and fifty years ago, a political fabric hav- J»K a great analogy lo that which is now demanded by a large majoiiiy of the people of the present IJritisU >.'oitli Ameiican colonies 1 he government was to be admini.-tered by tlie propiietoi orhisdepuly as governor; and by the freemen formed into two >eparate bodies of a provincial Council and a General Assembly. J'he CouQcil wa« to beeleitfd by the freemen s^xxd lo cotuitt 1/ I- !! 35 "f •CTenty.fwo mfmljciB, a^■lelv^• uds redurod m tiKh- teen ar.d llxu lo t.vdve, of whom onctlurd M,.r« Hnn.ially to lytiie and be nipljixd *iili »«w oueg. Tli« Koveinor presided ui this C.uricil with „o olhtr runliol ihar. a treble vote. Iwo-tbi.d^ of ih.« council made a quorum and il.o consent of two- thirds of a quorum wa< lodispen-sable to the passage of a measure. Ii not only exeic:ai!d tiie wl.ole exe.-utive power, but at first had the initiatory it) loy.slalioM or the privilege to prepare all tliebiJIi, that were to be prtstoled to the Assembly. At fiist the CieoerHl Assembly consisted of iwo hundred representatives elected by the freemen, bi.t wan after- wurdi limited to thirty six and then lo tweuly-four. This body was originally rest.iclcd to a simple assent or Legation in passing or rejecting bills sent to them by tlie Governor and Council; but afterwards it shared wiih them the privilege of prepaiing and proposing laws and whs allowed to regulate its own adjournments. All elect ns, whether for the Council or Assembly weie to be conducted bi/dallol. Jlavin^ thus given a Constitution to his subjects, the libeialmimied legisla- tor declared "Ihat which makes a good constitution, must keep it ; namely, men of wisdom and virtue ; qualities that, because ihey descend not with worldly inheritances, must be carefully propagated by avirtuou$ education ofyoiiik" In conclusion lie dei-lared '<■ We have, with reverence to Uod and good conscience tp men, to the be.st of our skill contrived and composed ihe frame of this gov^^rnment to tiie great end of ail goveinment, to support power in reverence with the people, and to secure the people from the abuse of pow- er, Ihnt they may be free by their just obedience, and the magistrates honorable lor their just administration ; for liberty without obedience is coufusion, and obedience' wiiliout liberty is slavery." We have seen that out of all the Constitutions of the old English colonies, which now form a portion of the United States, not one of them is exactly like that of the Canadas. We have an Executive Council and a LegUlative Council, thy nicmber« of which are ap- llitig. TIlA itr cunliol :ii made u toruiii wa* I not only t first had prepare Asstmbly . iiutuired was after- euly-four. f»Ie fssent ) tliein by it shartid pioposing urniiietita* i*. ssembly given a d iegiala- stituiion, 1 virtue ; worldly ' virtU0U$ ed •« We nence tp lomposed ud of ail with the } of pow- tice, and stratiun ; i>edienoe St poin»-d in tlie mme of il,e(.Jrot%n wliic'. <'li<)«-» tt lepreieniaiives ; an I a ii)U!ie of Ass'mlily elocted by tlit [.c>ple. The Coun.'il in the province of New Yoik wa<»tho«.nlyone appjin'ed bv t'leCrown and which «r. io>;atedto i'-'tll" the ex«'Ci t ve.Ic isl iUve, and jvid'ciary po' «rof our Councils, in Miryland and Virginia th« Councils of each were ipponted by its proprietor« ; and In the Carolinas, it was partly ai.pointed by the propri- fttori i.nd panly «Ief tive ; and in Massachusetts fjay, ConneciicuN Khode Island, I'enn■^ylvani^ and Lela- ware, the Councils weie all elective- Now Jersey had only a gcneiai Apsen.biy and thr other colonies had a House of Assembly elected by the people, ^'ost of the const.tutions of these colonics eubsi-ted long after the glorious revolution and the adoption ol our inimitable Constitution of 1G88, and that of lib )de Island, I believe, exist:* unciianged to this day. if iherefore it w.m the privilege of Biitlsh colonists lo elect their Council as well as their Assembly, before and after the Biifi'^h revolution, they a^k no boon that their Lc^ms- lative Council, declared by a laige majority of tie people as now constituted a ciiise anc; a nuisance, be rendered tkclive ; but only pray to be permitted to exercise suspended powers inherent in them as British SMbjects and colonists and which many ol their progeni- turti excrci:>cd. I rennain, Your humble servant, AN EAST ANGLIAN. utions of Drtian of e that of il and a are ap- 98 LETTER V. To the People of the Canacfas and Brilish North America. ''Instead of the King's naming tlie Council at that distance— i which case they hail no security tliat person.-"©! pro[erty a d person^ lit t ■ be n mu'd wott'd b« cho.sen — vvi.-hing, a.i hedid. t»^ut thefreed'/ma d is^itbilify of thi' C nstitution ot Canada On the stion>.'e3t l.asia, Hi; PKOl-'l'SM) THAT THKCOI'MMLSHOrLO BE IJ.FXniVR. '- Fox's Spe«-.U du ring the debate on the Canadian Constitutiun in Imperial Parliduient. FniKNDS AND FEI-LOU'COlINTnYMEN, That the Canadian Con^^tiiulion is tlie workmanship of the old corrupt oligarchy of the mother country 6|ieak3 tiuthing in its favor ; while tiie jjropr>sition of the immortal Vox. backed by the voice of Ihe I'eop'e after nearly lialf a cen'ury's exjierience of the vicious M'Orking of .he Legislative Council, that it should be made elective, must strv. .;ly enforce its favoiable claims on all unprejudiced and reflecting mii ds. I have shown that, if the Canadian Constitution be na exact model or "the very iifjau;e and transcript" of the Enfflish Coiistitutiosi in theory, in practice the (>anadiat» Constitution is not; nor cannot be lite same \ and if \i be not an exact modtd cr "the very imai,'e and trail- cript," the theory of the Canadian Coiistiiution is Dot now in practise. T'h;»t the present practise of th« Canadian Constitution cannot pronjote the w( Ifarej and peace, and happiaesg, and good government of the pvoplej fbrasn^uch, the Legisliiiive Council, one biancit I ! 39 ot ihe Itgiililuie, u tyruaolc:il, uaejnstiiulioaal, corrupt, anii-British. unpopular, odioui, factious, aod oltetructJve of colonization and useful legi.iIation. I have proved that the «lrcuve principle has been at different periods applied to constitute all the eeveral branches of the En.lish legislature. And that, ia Knglish colonial government, app.oximating as near as possible to the Knglish constitution, the elective principle has been applied to constitute all iIr several branches of colonial legislatures. What then are the objections that the elective principle be applied to constitute the Legislative Council, the second branch of our le;Ti8lature, which cannot, as it exists at present, promote the welfare, peace, happiness, and goad gov. ernment of the people, for which it was constituted > Itiiasseried that were the Legislative Council made elective the counierpoise of the constitution v^ould be destroyed ; for bulb branches would be composed of the same materials, and, aliliougU sitting in different chambers, they would in lealify foim hut one bod>, and be alike operated upon by every sudden impuLeof popular fury and excitement. 1 maintain tiiat both blanches are now composed of the same materials, for ihe.e are no other in this continent ; and, as they d» i|Ot I.I reality form but one body, the conclusion i* lUegnimaie aaJ erroneous. Though both branches -renow composed of the same matenuls, they are not «-gan.sed and fra.ned on the same plan ; and, since iheydo not thus form in reality bul one body, they wo,.ld not any mora were the Legislative Council made elective, m which case they would be differently crgau- i^iei and framed both from the present Legislative Coun- Cil and f.om the House of As,embly. Should it be said ihat both branches, composed of the san.e material., v^iuch u.eoroa.iised uud framed by M^,,,^,^ pH-icipl* uould in reality form but one Uu^y • 1 unswe.. JhJ the .ume rnalenaU can be diffeunily organised auO iramc. oy .he same principle. 1 say mv. u.c i.iu.iaou. t^*, lb. U.i.^aiivc Couaca v'>-iM o^^., ,,,.;. V, i«. ■ Vi 1} k >1l I •i , t. 11 i If s . Ill 46 "the men.bers of I'lP A-^-etiibiy were inlpn.lecl to be, tifl upon anotliir footing. He proposed lliat the tnem- l.eis ofJlie Council should nd. l>f' pligJD'e, unless iliey poi=stfr,scd (lualificRtions much lii.htr tlran tho^e v ho v«:ie eligible to be chosen mcinbsrs of the Hoir^e of As^oPtbh : hikI. in Ike manner, the e'cctor?. of the iiicmbers'of Council should possess aisn qualificntions }.rui)oition?a,ly hi-her." If wc-.hh can make any di^li.;ction.tl.el«o branches would not (hen be com- j„,sed of the ^aine luatt^nals ; but. .n^ tl.i? grtnt ?lat.-!S- nicjs said " r>y 'his means wc wonUl have a real aris- tocrncy,fhoFCu by persons of prcpeity, from Rn.oi.gst persons of She l.ii^hcst oM-peity, and who wouM thc'.ce po-'.^ess thHt weight, Uiflut-nr-e, a.ul independence, fro.n which aione could he derived a power ef guarding l,gain^t innovations that niigla be made by the peoplo «u cj.epnrt.orthe Crown in th« o'lur." 1 "u. not t-.(.nhly inclined to the constitution of tno disf.nct con.uttieMcit. vvhh une.iu.l privih'i-es in the s.me toui^try. 1 wouhl have the samo con-tiiuency elect bothhvin. hes. Bui that ihetc may b.- as d.-tuK't au org,ni2ation of he component material, as po..ib!e and u, ,,ea. a dissimilarity of the gvuiu. of the two hodu sii, con4-tcnt«ith harmony in all proper me^suu.% 1 w ..hJ ha\e the House cf Assen.bly sdl ekd^d (or a .utinite period, fay (our years ; and the Council, uh.ch „ U.ht Ht.ll be reqii.rtd to have nnich higher quahhca- ttoti. that. tha?« who^ne eligible to be chosen embers of the Assemb!v,or rather one third part ot theCoui.e.l, fhould he e'ected for a ditleient period, say evcy nv.> years, so that its coroposiiion v.ouhi be v holly tenewed Ivery six vears ; and both be elected f.om one rcn'.t.. n.encvonlv. 'J he powers of governmctit v.cmld then be.a;..vv»eh a. in that of Great Britain, phu-ed in .UrtV.c. t bodies, vhich are differently or;^anu:ed. I p.K«er, fu.ther, that the U^h\^i\ve Cou. cil. le.ng c-t.osen sclely by the Ciown, subservient thcrco .r.d dependent thereon, "/lestroiS the rctintn.pn'^e ^^C t h 41 no /natter of w'hat tnalefiaU compase-J or whcr* tl.tr S't, form in reality but one bojy ;" «|,;ch gives the Crown id its legislative c^ipacity an aciive and uucon- fititutional power in ibc business of enacting hws.mak.-s It abs»lute, and renders u«lfcs^ and nullifies the con. siitutiona) privileges of tbo House of A.-semb] v. Cou- ficiuea-Iy tiio unfoundt^d objection to iMi olective i^e-isiative Coined may be cogently and forcibly urg^d against this same Council as at present cunsti. tuted. ■ It has been stated further against an elective Legin. Jalive Council that it would hannoni/e with the popular branch, or rather both branchus would act alike; ^o ti.at. b;.t'i being led by the ,«ame coa^non influence of aiubit.ou. intrigue, prejudice aod passion, such a C..un(Ml would not be a suiiicicnt check to destroy liie e'lleifectstl. at would result f.om sudden and strong- excitement and ri^sh and prtcipitae legislation. Uu'i tii^ohj.ciion i.-. nearly the same as the foreiroing, ex- pre>esrinct dep.rtmenis, a principle so well known to all the nhle.^t of American statesoien, would the elective pnncipl l.ave been applied to constitute the tecond »>ran«hoJthe kgisiatures of a very large majority of fhiSUtet of the Vnion? The inccntrovertilte /att ibat these independent States adopted from the old colonies ihc elective principle to constitute the second branch of their legislature mnst be leteived as decipive proof that it will divide and balance the powerH of government and be an efficient check to arrest the evil effects resulting from sudden and strong excitement and rash and precipitate legitlation. Another objection, of the raw head and bloody bones species, that has been urged against an elective Legi*. Istive Council, is that it would make us a republic. What is meant by a republic ? Was ever the sovern- ment of England from before the'days of the Great Alfred to the reign of our beloved monarch, Wiiliam IV. a lepublic ? Nanre not Cromwell. When her barons and people elected their king, was England a republic? Was she not an elective monarchy? When the election of her mooarchs liecame mere rareetihow anci her House of Commons and a portion of her House of Lords were constituted by the elective prin- ciple was and is she a republic ? If so, what objections can be urged that we assimilate our institutions fo those of the mother country ? If not, would not our constitution approximate much nearer hers with aa elective Council, as the elective principle is applied to constitute a pottion of the second hranch of her legisU^ lure, than with our present Legislative Councils, con stituted by a principle unknown to her constitution t When the English old colonies elected their House of Assembly, their Council, and their Governor aud all. M/ere they republics, or were tliey not still fertile, flourishing, and freedom "l)rcathing colonies of a con- stitutional monarchy? But those who urge this objec- tion are casting their mind's eye over the institutions of the United States. Now it is admitted by the most Tiolentopponentsof an elective Council and it is the boast of Britons, that the statesmen of America, who framed the constitution of their country, preserved the theory of the government under v-hich they hail lived, i - vi-'-';' - «^d placed it* powers, like that of Great niitain, ia Jifferent bodies, which aredifTerently orgmised. The federal Government ofthe United States, were we ever •0 much inclined, it would be impossible for any fiolony to iinitate ; for 'tn Senate, or second branch of the legislature, u composed of two senators fiom each Mate, chosen bv it. Ie}{l>liituie for six years, and repre- •ents it* sovereign autliority. For materials to compose such a body we are moie destitute than to create an hereditary aristocracy. VerUzp^ tiiese olijectors havt in their mind's eye .,, -n^ or other of the bfatea, which they would 1 ../«.. , lieve is a repi-blic. Then its Governor iset.-tl. jither by the people or th« oilier branches of the legisliture ; while we should have all the advantages of an hereditary nionarchy: Were our council elective, instead of a few pauper placeholders, w« should create a monied aristocratic body representing the real wealth of the country ; and thus, as far a^ theeien ems of our society would admit, our constitution, like that of Great Britain, %vould be founded on monarchial, aristocratic, and democratieal principles. Many able politicians are of opinion that the lonstitutl al monarchy of France, approachea nearer to a republic than the United States to a monar. chy. A late able wilier, says "La France et les Etats- Unis out ainsi. malgrg 1,, t^iversitiede Icur constitution, re point de commun, que ropinion publujue y est* «n resultat, le pouvour dominan'. Le principe gcne- rateur des loia, est done, a i rai dire, le meme chez lei deux peuples, quoique ses developpemens y soient plus ou moins libres, ei que les consequences qu'on en tir» soient souveni differentes. Ce principe, de ea nature, estessentiellement republicain. Ainsi pensais je que la France, avec sonroi, resemble plus une republique. que rUnion, avec son piesident, a une monaichie."— Literally translated : France and the United State, have thus, notwithstanding the diversity of their consti- tution, this point in common, that public opinion is ia tbem. in the result, the dominant power. The genera- i% m 44 tin^' principle of the Jaws, h tlicn. to say truly, the same among both people, allhougl, its developement be more orlP«^ f,ee. j-.ii-I the conM-q-ionces we draw fror.i «h '.». hv often -lini^retit. I l,i. p,i„oiiiIe. in iis nature, 19.- .-tially republican. Tbos I fhi„k that Frnnre, Willi usklnjr.ii'sen.hles a rcpul lie rnoie tl.i.n the Union, with a prc-:iden», a ...onarcl.v. It i. uj ..ittcd aR before slai-^d that the -over'.ment <..f the United Slates, a. near OS th.. eleuiHV. orwhirb h is roiKiiM.it-d woiihi per.nif. re^Mobles ilu; ylo.iuus constimtinnai numnrchy o? Kng- J-«ni; n.,d t.i.,.!,!e l-',eoc:iwr,u-rst,„tc=saod there aie good uioiirids IW l.is O|rnioo. especially as the eloi.enls of French Sucity are well known to be re.i.blican. th^.i Kruice. «Hb a kjoij fe«. rnl.Ies a i.p..l,.io n.oie than the Union, v^iih a pre.Mdetit, a monarchy ; which, jt.ts a-iinitied, approa;'he_. as near a^ p,).,silde to the fi.oi.a chy of o.ir mother country . to uhicJi v^e are anx- ious to ns.iH,||.,te our unvernirunt. while Frame recedes fro:i. a moiitrchv towards a repiihlic. "What the Fie-Kh na-ion wants al ihi^ moment is a popu ar o otiar- ci),v. s.inounded by .epi.blitan-pur.lv rep.,b ic^n ' institutions:^' said Lafave.ie to the Diike of Oileans Hh..n about to hvo he the kinirof iheF.en. h. "Wiiat is Fian.fc but a re:>ublie, lettered bv a director?" asks Chateanb.i .n.t. Uy tbe 2;M aricie of the Con^tilutioual Chi iierol France-the nomination of the iNeis of FranrebLdongstothe King; «bo ha,- the potver lo varv the dignities confer them for life, or to render them he.edilarv. l>,y the 6uh a.ii, le of the charier it uas oidaned that the foie^-oi/ur j.rtic!e be examined in the session of ISiJI, when the law was passed, enactioi.:-- Th..t ih« nou.i.i; d .0 of the Chamber of Peers hcdony s loine King; by ibe CnadianConslitutioi- the nomina. to;i ot tie Legislative Co.im-i s bebtigs to the King. HytheFieneh la.v. the dignity «fa Peer is to he con - rerred for life ; by ihe( ariadiunCoostiluiion the f/,o,,;/,^ of a Legisi-.tive Councilor is conleiiel ft:r lilo." By the French law. the dignity is not trms.nissible by hereditary descent; by the Canadiaa Cons.itt-tioa it U 4ft the i»am«. By the French Law their number is unlim- ited 5 My the Can idian Cons'iluiion it is tlie same— - The Cliatnher of I'ters is r 1 irif^spoiisihlfc hod^ of lifa- Icgisliiors, !ro Hiti llie Lrjiisl.uive ('. uiicil.j. 'Ilia I,itive (Councils ; an I, contrary to the piiti • ci()les ot llie lirili>h Cunslitniioii, passiutj a liW ai.'l st'itioiiT ill .linli;t'ii eiit on tlieir own aft, ami, iilentitieil "illi liic KxtLMilive Council!*, ndviring tlie !i;o\efioi' to asi-enlioit. 'I! « Chanibt r of I'ters, in its wuikiinr, has be< 11 tonnd o he a must lyiarmical, absolute, oilii us and vicnms bi'ily ; aitackiufi llie iiee losn of ilie I'n-ss ami vmlaiing ihi; right<, liberiies anil priviletjes ot tlio piojde. I lie k'lriilaiive (jouiicils, I Imvu sliown, ary tyiannical, iiacoiislitulional, corrupt, odious and ob- structieol colouiza'ioii andustl'ui Icgi-I.ition ; and the Jibtity ol tlie I'less iuis laeii assailtrd by tluni dntrily or iudiiC'^tly, as m the caser ol AJ.ickenzie, Collins, Diivernay, nnd 'I'lacy. 1 jnit it lo yuu as Iri^limen, 8 o'.clinieri, and !■ ng!i:iiiiiien — 1 put it 103011 as Cana- dians and Biiii you as fdihers wlio would tra pinit unimpaired and nnsnllied the ri^kts, libeities, and piivileii;es ot Jiiitish Buhjects from generation lo yeneation, will you plant on till* virgin soil and rtar none other than Bijtish institutions; or will you continue to live urid-er and try nsuiit !o your posteiir,y an institution, a branch of mm 49 kauwnlu tlie cuofttitutiou of our uioiher country tad re5emblin<; ooly the Chamber of Peers io republican »aDce ; and which has been fouiid, after forty ^eais' experience, inelficieut to promote the welfare, peace, happiness and ^ood goveinn>eut of the land of our birth or the land of oui adopMoii. Kre 1 take my leave of you, 1 »hall notice that a por- tion of the Fret's, pti'tei ring abuse to argument, fie(|uenl« ly api lies the tci ins Ficmh democrat^), and French republicans, to the iucstimalde people of t'le sister province; were they one or the other, would it-not be urprisinj^ they hhould demand an elective Legislative Council, when that which iliey have, assimilates tu the republican French Chamber of Pceis, an I hag like powers, privileges, Sit ^ Dt;sirin