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Les cartaa. planches, tableaux, etc.. peuvent dtre fiim*s k des taux da reduction diffirants. Lorsqua Ie document est trop grand pour Atra reproduit en un seul clich*. il est film« i p^rtir de I'sngie supArieur gauche, de gauche A droite, et de haut en bas, en prenant la nombre d'images nicessaire. Les diagrammes suivants illustrent la rnithode. D 1 2 3 32 X 1 2 3 4 5 6 <„-v ' "". '^' -' . V iA ^niporlaDt 8ul)ject was r«rerrcJ tu n select cominitt«e. the house nod the country had a right to expect that an able, 8tatesm (yidonies, — the duties originally as- signed to tliiMo. — arid llie respoosil)iliiy, if any, which r.Kielied to them as Counciihtrs : — had this com-; ' been adopted l)y the Committee, they would h.ive hcen j;reatly assisted in com- ing to a correct conclusion — and why they ttnd not (lone so, he would not stop to enquire, but leave ii ;u the poldic to conjecture motives of which they could form as good an opiiiion as he couhi. Another advantage which would i|ave resulted from this piau of iuveslig^tiuu, had it been adopted, would have been, that the committee would have infurmed themselves of the utter itnpnssihility of the Lieutenant Go- vernor's divesting himself of respousibilitf, and that liy the Laws and Constitution, he is em- phatically and distinctly responsible to the King as the head of the Empire, politically ; and to the people of this Province, individual- ly, in his private capacity, for every art of his Government, and that the Executive Council are not and cannot be made responsible to the people for any acts of theirs. VViihont further I'omark he (the Sol. Gen.) would proceed to show on what grounds and upon what author- ities he rested these opinions. There'were not many works extant containing a history of the Constitutions and forms of Government in the Colonies, but there were a few, and some of them giving a very explicit account of the Councils appointed by the Crown, — their du- ties and responsibilities, especially io the Col- onies in America ; and in order to attract the attention of the House tu the line of argument he intended to pursue, ho begged bun. mem- bers would bear in mind that it would eveo- tiially appear, that the Executive Council of Upper Canada, which it was contended was created by. as well as identified with, the Cno- stiiution of the Province, (as conferred by the Slst Geo. 3,) was merely the continuation of a body that had existed in Canada from the first n\. metit of anorgatiized Government after the Conquest, down to the period of the passing of that Act which divided the Province of Que- bec into Upper and Lower Canada,— and which was precisely similar to those existing in the old Colonies, on this Continent and the West Indies. — The first anthority he should cite in support of this argument was that of a gentleman who held the olRce of Chief Jus- tice of Georgia, during the time that State was a (Colony of Great IJritairi, and subsequently held 111;;!) legal appoininienis in the West In- dies. 'I'his gentleman in his remarks on the Council says, — "They are to give advice to the Governor or Coiomander-iiiChief for the time being u'!nn thereunto required; and they stand in the same relation to tiie Governor in a Colony that the Priuy Council does to the King in Great Britain : in some cases the Governor can act without their advice and concurrence, aod there are other cases in which the Gover- nor is requited by his instructions aol to act without the advice aud concuirence of h'u i Council" nor and ( attend to. •'The Errors (»r "The( siou of td tbroughui; stiutions « Thus we lunies, am howcomp ed by the with those Colonies as well as the Empir ed the Gov Instruction ooies they our Const! ihem here ; other Colo tes in everj out the Pro that when i vJBce, the n constitute h structions, ; commission has now fal vioce. The the names n out by Sir P be borne io t are those ni of Sir Fran names of the per Canada ; instruclious no change sii Governor cairie to this first insiroctii 'lie King's I oHh.t oflicers lies, and as th on record iit t Rotnewhat sti-i examine thou the same as il Maitland. In some ol jWRs pos<;pssed with the Gov« 89C478 Iteen, thai the ihemselves or ButenRDt (JSo- lusihiliiy, aad )D, he is em- isihie to the )« politically ; e, inilividual- ery Brt of his uiive Council DDsible to the iihuiit further Id proceed to what author- here' were not hislury of the OfTieot io the oud some of :ouDt of the n,— their du- y ia the Col- to attract the ) of argument 1 huD. meni> would eveo- e Council of )otended was ith, the Coo- iferrcd hy the tinuatinn «f a from ^ho first rient after the the pnsniiig vitice of Que- 'aoada,— and hoso existing itjent and the ;y he should was that of a f Chief Jus- lat State was suliseqiieiilly tlie West In- larks on the the Governor e time being hey stand in r in a CuloDy> the King in the Governor concurrence, ch tlie Cover- >ns not to act ireiice of hij J i i •• The Council are natned in every Commis is resnecf^d ?h^ L" ^""""'' ""^^f" *" «» f^^ siouof the Peace as Justices of n,e Peace bflls Tjnon .h. i'''l'''"" '° ""^ ■"'^''"^'"S ^^ throughout the whole Colony:''-.Stoke'8 Con lion of S r '"'' "''"°''''' °^ ^"ig"*" •tiulions of the British Colonies no 239 24 S" ^1^ ' '! JfTT' "'^ ^^"'«^ Councillor by as well as those which remain appendacres of ru inen-bpr of il!^ f "^.l ? •" '"^ "''^*"'*- our Consi.tut.oD that duty is imposed u,.o., «"e branch elected by 'he n3e„o -n.'^' them here :_aDd .a this Province, aa in 'the <^"»"'ry, yet there is no t L^ oTLv n Ln '' other Colon.es. the.rnames appear as Justi- »l'»t 'hose Councils were rLLncibTe^orZ tes m every Comm.ss on of the Peace through- official acts to any othe persEn or l/Jl h ' out the Province. The same author observes. «he Kioff. ReLnsJb.lhv ?o ,lf» V ^^'^ that when a new Governor came to a Pr',: branch of^heLegSuew^snev/r ,t'T, viBce the nanr.es of the persons who were to "f": »nd the Chiel^Jus ice or&eorJ^^^ constitute h.s Council were named in his io- ^«^k he had quoted, and ^vho had resided «nH •truct.o..s. and that no other appointment or '^'^ offi'-e *« .several of Z XrCo,onie« e«min.ss.on was necessary ; but this practice di-s.incily stages, that the VeSe SS has now fallen .ntod.Huse. at least in this P,o- vvere y;nided b,j the King^s I„TrZtio„TZi vmco. The last set of instructio:,9 containing ^f^'^ "'t'reiore responsihle°to Hi" Su onlv thenaniesofthe Coimcil were those hroush^ Thev were appoiri.ed as in ti rovin e kJ out by b.rPeregr.ne Maitland ; but it should »''^Kinir, and removed at his ,, t^ri-^hev L.thTJ"""".'^'-','"" "r" very instructions a'lv.sed his representative, when qut'ed in arejhose now laid op the table by command ^^^^^^y; /heir acts could beknown to^tl'e Kin" Z\uZ. '° *'™ °"'^' """^ "''y accountabll Let us no:v consider the orisin and consti- m.onal powers of the Executive CoSncUsin these Provmces-they will be found to be prl- c.sely sm.,h,r to those already described. ^ fainp)!' h ' ^""1 ^■'''ed that Canada was ob- n n5q^r?h'''K'°"l "'' ^'•°"'» «• France n 1759, and thai by ,|.e treaty of Paris in I7(.!}, M, together with other territories J Am.r.ca, was finally ceded to Great B i ai,^" -the UnruoJ Government in Canada beiweJn lyrn.l.tary despotism, regulated by the terms of thecapuulaoon. In the year 1763 the KinI ofS.r Francs Head, that thev contain the names of the Councillors then existing iu Up- per Canada and prescribe their duties. These instructions and these duties have undergone no change since that period. Governor Simcoe, the first Governor that oairie to this Pr..vince, brought with bi,n the hrst .nsiructions iliat uero desig.ied to direct '.!if; KinK's representative, the Council, and '"licroficersol the Government in their du. lies, and as they were in the adjoining huiidin- «u record m the books of the Council, it was Bomewhat siiaogo that the committee did not examine ihern. They would be found to bo Uie same as ihose delivered to Sir Peregrine [Maitland. rn some of the old Colonies the Council ,u . L rty — ' '" '""'to neueriared hat the Territory in America ceded by tlie treaty of Pans, should be erected inio/bS ^p! arate Govemmpnte »,%. . r\..-L. . "V""' *tp- ■was possessed of Legislative power conio nil« "^^^'^ °' * ^"S, should be erected ii I B , comprising Florida ; Wegf Florida; and Grenada. For ihe purpose of sfaewing clearly the views of His Majesiy with respect to the form of Government in- tended by him to be established in those 'I'er- ritories, it would be proper to refer to the Proc- lamation itself, which contains the following passage : — "And whereas it will jjreatly contribute to the speedy settling our said new goveromenis. that our loving subjects should be informed of our paternal caro for the security of ibe liber- ty and properties of those wiio are and sbnll become inhabitants thereof, we have thought fit to publish and dechiro by this our procla- mation that we have, in the letters patent un- der our Groat Seal of Great Hritaio, bv which the said governmcuts are constituted", given express power and direction to our Governors of our said Colonies respectively, tipit so soon as the slate and circumstances of the said Col- onies will admit thereof, they sliall with the advice and consent of the mein!)ers of our Council, summon and call general assemblies within the said governments respectively, in such manner and form as is used and directed in those Colonies and Provinces in America which are under our immediate government ; and wo have also given power to the said Go- vernors, with the consent of our siiid Council;) ilnd the Representatives of the people, so to bo summoned as aforesaid, to make, consri- tuie, and orduiii laws, statutes, and ordinances for tho public posico, welfire, jind good gov- ernment of 0(11- sail Colonies, and of the peo- ple and iohiliitiitits tbercoi' as near ;is may be agreeable to the laws ofEugiand. and under such regulations and restriciious as are used iu other Colonies; and in the mean time, and until such assemblies can be called as afore- said, ail persons inhabiting in, or resorting to our said Colonies, may coiifido in our royal pjotBction for tho enjoyment of the benefit of our laws of our realm of England : for which purpose wo have given power under our Great deal to the Governors of our said Colonies re- spectively, to erect and constitute, with the ad- vice of our said Council respectively, Couns o^f Judicature and publicjustice within oursaid Colouies, for the hearing and determining of causes, as well criminal as civil, according to law and equity, and as near as may be agree- able to the laws of England, fwith liberty to all persons who may think themselves aggrie- V. hy the sentence of such Courts, in all civil causes, to appeal, under the usual limitaiioos and restrictions, to us in our Privy Council." Here then was the root from which sprung our present constituiion. In the above ext.act it will bo observed that in the Patent constitu- ting the Government of Quebec, allusion is made to "n Council" and that the Governor, with the advice of such Council, might sum- mon and call a General Assembly, "in such manner and form as is used and directed in those Colonies and Provinces in Jlmtrica which are. under our immediate government.^' Now it would scarcely be c«mtended that the Coun- cil thus creaieun('illors, who Iheir «i(rices fdi- laws and ordi- seated to by the inp;, should su- liy n)ade by the Qcil. The Ex- away with; on ist to advise the e piissed in the 'ouncil and Go- » jort of Appeal or ~ ■.•"■"""""" "uo oerore It the Knc's ' "^ ifny arguea, tnatit Iroclamationof J763-ihe Royal Instructions T'V"^ ""^ ^i""' '"°'« «^»" «n««l'er he to the Governor-the Act of 14th Geo. 3d, eh """''? '"•"^^'^ "^ »''« "''"'ce of a council, it .^•l-aud the ordinances of the Province of '""*'''« '" c""HDg to a decisioo on questions . *4uehec. nnssf>rl in vi.ti.o ..«■ .i.„ i_ . which mav invfilvn iIia ^oF..,^ „f .u. hl. .• Quebec, passed in virtue of the last mentioned T ""^^ '"'";^''® "'« '"'''^'y "f" "ie liberties |«ot: Paeh of which was specifically referred to «»V'«'l'«'-ty of the people of the country; «o the CoDstiiutional Act ; and Pa'riiarreut as- ""'.""'h^t«"^"ig this, however, he is vat to be l«"miDg that the King inihe exercise of his rov- f '"^^^ >>!/ the advice of his Council, but by «l pterogative would continue a Council which / u *("' ^"f^'»<'tions. This was a provision ot the CoDBiitutiou itself, and in the foMowine Ji mg plain nod intplliKilile words: "Sec. XXX. ^nd be it further enacted by the auth'>rity aforenaid, That whenever Hiiy bill, which hai hoeo pnuseil hy the LpRislRfivo Council and hy tho Hoiite of Assemltly iu ei- ther of the said Provincei respecjively, shnll be presented, for Mis M'ljpgiy's assent, to the Governor or Lieutenant Goverofir, of such Province, or to the person BdniinisiPriiiK Ids Majesty's Odvernment therein, such Governor, or Lieutenant Governor, or person ndniin- iitering the Government, shall, and he is herehy authorised and required to dcclnre, according to his discretion, hut suhjppt, never- theless to the provisions contained in this act, and to such instructions as mny from tinip to time be giten in that behalf hif jHis Majesty, his heirs or successors, that he assents to surh bill in His Mnjc^iy's name, or that he wiih- h»lds His Majesty's assent from such hill, or that he reserves such hill for tho sij-nificatiou of His Majesty's ploasure thereon." This seciion of tho consii'uiional act wns important for several reasons, hut piincipaliy because, in the first phii-e. it at once over- throws tho dnctriue that the Governor is on all occasiiins to consult iiis courH-;!. or act hy ij?. ^^^l*^"! ""'I secondly, as sliewinu that the Kinsi's instructions froju time to tiiw given, wore reci.Rniscd by Parliament, and p-iihodicd IU tho Constitution as liioiliny;(»n the Governor. [Hear, hear.] The clausp jusi quoted requir- ed the person adoiininterini^ iho Koverninenf to assent to or reject hills '•according to hit dh- cretion," not hy and uitli the advice of his Council, hut iu coufonnity with the imtnic- tions he may ''from time to time" receive from His IMajesfy. Hoiv ahsurd would it then be for a Governor, uero lie to apply to his Council in a doulitfn] case fojr^ advice, and acting upon it. assent to a hill contrary to the orders contained in his instructions, wliieh, hy tho express terms of thi; Constitution were to be his guide. How would ho excuse himself by alleging: that he acted upon the advici- of his Council, instead of his insiruciions? Where then must the rosponsihility rest?— Upon himself, of course; and it would he out of bis power t > rid himself of it, and cast it op- oo another. [Hear, hear ] The Constitution having thus einphaiicaliy recognized the Royal Instructions, as hiurling upon the Governor, and forming a part as it were of tho Constitution itself, it would ho proper again to refer to those Instructions for 6 the purpose of placing before (he house, in a clear aud oonected manner, the duties re- quired by the Sovereign of the memhers of his Council when he appointed them to their oflice: the following were the words used: "To the end that our said Exemiive Coun- cil may he assisting to you in all afTairs relating to our service, you are tocommuoicate to them such and so many of these our instruction, wherein thnr advice is mentioned to be requi- site, and liliewiso alt such others from time to time as you shall find convenient for our service to be imparted to them." Language could scarcely he more intelligi- hle or free from amhiguiiy, than was lere em- ployed ; and let it lie horne in mind, thn these instructions were hrought to this couttiry hy Governor Siincoe, who was also the hearer of the Cotisiituiion conferred uponthis Province, aiid which he was charged to put in operation. They were moreover tlelivered to him after the Constitutional .Act had passed the Hriiish Pailiament, and hy ilie same statesman who hud conducied that great measure to maturity. [Hear, hear.] If then the principle now con- tended for «a» ccrrect, those statesmen Wero tho first to attempt to viohito the Conslilulion they had framed, and Governor Himcoe wa:. selected and agreed to assist them in their ile- sign !— There was something so wicked and preposterous in the mere iMcniioti of such a cons()iracy that the mind instantly rcj)els it. wiilioui further investijiation. The (Jouneillors named in the Instructions coutaining the paragrajdis just qui.ied. wero sworn irit(» otlice in tlie |»resence of Goveruoi yimcoe, and it would he too much for the most credulous tolielico tliiii such uould have heen tin ctise if that ah!e and excellent man heliev- ed that the duties of these councillors wero un- ■ eonstiutiotially ciicumscriheil hy llie Kiiik, frotn whom he had just received his comiitis- . sion !is the first Lieuteuaut Governor of lJp])er Canada. And here he [the Sol. Getieral] would paiisft on this hraiKh of the subject, and calmly, Imt earnestly entreat lion, memhers to consider tho questioti as ho had aliem|)ted to present it , to them. An attack has been made upon the i Lieutenatit Governor of a most vicdent — onr might say ferocious character,— and he i:i charged with au attempt to change the Consii- | tution, or to prevent His lAlajesty's suhjects | from fully enjoying it, hy relusing to surrender * his jiower and responsibility to ilie Executive Cnnnril ! will any ferently f Were he ihe repor himself it of (he So slructionn uor has h question i house is c bis repres wrong, th the King must atfei that (his succusi^ful as uncoDs ed withou Upper Cn nions. r earnestly | and tranqi now made success he terests oft he had too integrity o moment to to hring de tutions cou blustering I and ahusiv ohtain so i our govern majority of tion, hard i avail hut lit iogs would sought for, themselves, lie docume body, whost ty, forhearf were few tn more cordis «eph Hume, 'y; hut lei laid before t ed that it wi by hitn. for tion of tligi 'night, if it I the country through all c I ths house, io a ?r. the duties ra- the nieiiihers of ed ihcfn to their •: words used : Expniiivo CnuD- *mcii wcTo Ihfl ('(lustitiilii)ii nor Himrde Wfis hem ill liieir de- 80 wiiked find iitioii of such fi ituiilly rc|jtls il, the Instructions si quntcd. wwo iro III' Covoriiot uch fiif tiio most Aould hHve hecii t'lit iiiati heliev- cillors were uti- ■ hy tlie Kiiiji, 'ed his I'otTiiiiis- j vernor of Upper ;il] would paiiBH Hid calmly, Inn era lo consider ed to present it , made upon the » ist violent — our LT, — and he i'l nge iho Consti- i ijesty's sulyecii i tig to surrender \ ilie Executive i ^r'"--|:'^ "!!!!" «""!'!''««'"in„.i„n. w.ll H„y ooe sRy ,h«, he coul.l hRve acted dif-' '"J '"f'''""'^'^'. '»''"» "«"''• "'i" "vnil? Tbt ferentiv from what he has done? Clenrlv no iJ"^ ^""i 'v" ''"""" f""" ''« "Marked .od VVere he now to Rdop, ,he view, contn ne," in Z.'y'"?' '""""* '"* "«'" '" '«''"° ""<• ""fore, the report of the Committee, he must Xe 'l"'" '""■""'""' «^""''' »'eiovHlidaied. [Hear, b.mself in direct opposi.ion to the commat'd^ '"""'' ""'' "PP'^"»*-] ^ ' oi the »overei,(n. contHined in his Uoynl In- ''''""'" "'"'t he had stnted it wn, «.: i-. . ;*:";''X:"r^'''rl' *'^">- P'''"'''"*^ «-«^ ih^l-hepowersof.heCx'c; v (CclwSJi n fi. and fh.jf ;f „.._!. . . • " wrnnir fh„ -, i- 1 ^".•'nncis Mend be ■"i"""'""e not to the Crown, hut to the neo- tTie KiliL n„ h""'.i''"' ""' "!:'«'"»'« "i'^' him- P'". ""d that if such were not actual ly thefL ha thVrir • ^"""' '"* '"y' '""hority '"'"" ''""inct and unqnulifie.l manner and he successM.hr"'""' •^"""'"'""K, and to he ''"fied any man in Upper Cntrr or i" the « u,!c«n ,i, 7 '""!" r'"''"' '■'"' '" ^"••••on.ler. "h.de world, to maintain s.ich a p ,si on h Upper raiZr,L°''„r'" ^'"^'^/'"'^ '""« '"'''"'•a ^"^^r" """ "''' ^^«"ncil shouM ho JZlSi andtratqillftv of tL: ' '''^V^' ^"'"''' ""':," T.^ ""' ^'^'''''hy of confidence, the rifiht uoi, tnaJ ;-,he . 1''"" '''^t: 'f'\ ""'"'f'' v. ^""",1" "'^f"''" 'ho advisors of the Go- success he ,1.^ . . ""«''' '^"''••-'"iis ''^'•"'"" """''' in such case ho tit once destrov- ereT, o u^K^^^^^^^^^^ ""' '^'«'-«""- ^''-Z' n^i«''t l-e said the l.o.i.e did no, S inte^rit^ofSirJi Z:::,!!:;i!;!'^r^-" 3.,\^^-'":'':T- «-•'! "« assertion nitegnty of Government tosufler himself f„r ;, moment to .marine th^.t a scheme so ce tai o bring iive lAn,?...! ! ^^ ■""'""ons. -,■■•■. -i-'iimuinr persons tney desired, obtaiVrimoor'^ nt'n^r'' ''? 'T ■■''•' '"' '" iJJ' ""« "'""U ^e virtually appoin.mg them so important a chanso in the system of Where, under such a stale of thinss, would contended fre bound to give vcr required of agreed with the en I or not. Thi; s composed of a different politi- ict with or with- altogether dil- Cabinet Minis- fices virtually at iimons; but the at all allcct the 2 bound by their y case in which sty is not oblig- 1 for other per- them, and then 5 judgment, lad been various side, and among lad been adduc- 10 refer to that opinion given c Cabinet. He is a body acting 'ouncil in this lor, but not res- g a Council a- as with it, he le control of the passing the ac- »s the jurisdic- * Lord Stanley when it became iself of ihecon- f the Executive jnd to favor the ucil were res- r than to the ablish theopin- nd by the Con- cept when he r to do so. He e Hon. James f Lower Cana- da, a very eminent and able Inwver whovnva f... l,«» .1 . ^ .hat •' it 'would, m h.s op.nion. be ben Jnh K I,lc fhl''w"h T^r'" "" ^^i""'^" ^°°^^ "«'«« Council were more froqu vnily ronsulfd '" b u h . r T n f/'^''"""!: •'^'"'cce consulted henev..riniim;.i..d,ih'i iIk- Cmm ution ro J'» V'"""' "" "" ""i'l?- ;»"i" result of such quired .!...,„ ,0 In- ronsu . .1 orj I X^ "n ex.minai.on would be fatal to tl.e argu- He. (the Sol. (;en..r:.l) k : V not how ,( en U Tk"'' ''""• f^i:""''"'"'" »>nd atiemp,ed\o the Kxeout.ve Cnuncllnrs were " nsuiu d • tu h "nH '"V.''' "" '^' V '""""'^ f ''"•''■ ^'""'^ »« he knew that when they were ami 1 .')n J 1 7 f"" '"." 'T'"^' "' "'^ f'fovince. Co. they were hound to givo^lVoi; 2t i ud^lo' J^"""-, ^""'"'' '"' T'"'"^ '" '^^''- «"'""'""- ■ . . ' ^ """"'' '"''"'^^'' <•;' pi-linmonis and dissolved them, issued pro. Iind the snme right to not 'inc following ii, ilini fjig and the Covi riior upon it, or 10 dc Majesty had with roirnrd lo llR^alivi(n'"of hlg Frivy Counrd. If this w.-re not the <'.\^e. Ww .Governor would he the riu-ro passive tool of .ills aclviMTs, nod. nicordin? lo iIr. swm Bgninst wl.h'h he wns cotiictidin?, ihcy, the chimaiions diviJing the Province into Dis- tricts, (ccrtiiinly one of the innsi important powers ever enlniMcil lo ii (iovcrnor) and all this wiiiiout nriv incniion heiiig iiindi' of the advice of tlie Council. _lt was probable that he mi!.'ht have conversed on these subjects with his old friomis and companions-in-arms oiincil, musi be ernm lv the tools nf ili» mi l i i ■■■•■('■••■•"u-.iii-.iiiiis, jor.tyof.he Assemt'lv. '^S I r V K-m'vmid .^V ;^' '""•'" '''r"^^"" '"''"' '" ""^ '■"""'7 .annihilate. he kin^lvauthoi/^m.;;;^^^^^^^^^^ Z' - •' Council ,rs appointed ; but it could Such was not ihe Cons.itiuion of Kn^h In ? ."/'"'"" ""' ""• ^■•""'•'' '''' '" «'*''i^'- of this Fr(,v,ncc.; bu I.V I In, |, e," v 'f ^H '"'" o'';^ll "ccHsions-.he instrucions deliver- hon. member for Lenni^.,rA,i^^^^^^^ I, """ """V? ''^<» ''^•^- «''<'^v. ■ ma,|e this ne- ^as much ,0 he hm Z.l, at ' ^eniio ^.l"- ' , ^ '" "'^"'^ oi-rva.ioi.s woobi „pp|y men did not thmk, and ex nine rfofeUiev iVl "' "'"'f ^"'"" "' (-.nen.l Homer, Mr. rushed into such ahsurdiiies i v 7' II i^^),''"^' ''f-'-^''"y «ucceecl,n, Governor. w.is Mill Yet, It was now declared, in onler to brintr I xecniive oduin) upon Sir I'Vaneis Jlcd. and to induce rushed into such al.surdiiies. it more rriiinrkable, ihnt the lite Councillors, who hnd thrown the a fFa Irs oft he Province mto such confusion, slionid have iin- •gined Ihnt consistency wiih their oitb nfse- ;*recy. they miaht insist upon being consniied lipon aM occasions, and then prochiim to the people the result of their deliberations. (Hear rri, Jear. Another arirunient had been a Iduced] n , ^h.chhadnoi a little astonished him. He llluded to the reference which had been m MJe to the admini?iraiion of Governor Simcoe who liad been eulo-ized as the best governor that # I evtr been appomied to the Province. He liiin, bv iMiimidation. to yield up to irrespon- sible advisers one of the most important pre- rogatives enirusied to him l>y his Sovereii'n. that hois, in this pariicuiar, liikins a sla"iid never before n.ie' No U «,. > "'y. "^ su ject of oe- Sovereign .-—and the neoole «^f linger CtpoHi j_.e. ..>o, it was imposs.oie. He would re- "-" •- , -i-fiir _! «.. jij.f r i-innoa are as much protected by that Consii.uiion as 10 \ if they lived in an English County. Nay, more, for the British Parliament had given up a portion of its legiiimaie powers, and imparl- ed them to these Colonies. Thus, the Provin- cial Legislature had power to make laws, without any interruption or interference on the part of Great Britain, ekcepi where such laws would militate against the general interests, or any of the great constitutional principles of the Empire. Such a check it was of course neces- sary to preserve, so long as we remained n Co- lony. Besides this, we are under the powerful protection of the British Crown, and were our rights to be infringed by any nation or power on earth, the arm of mighty England would at once be raised for our defence, and to proieci us from injury or insult. (Hear, hear.) Yes, he would ask, who provides deeis and armies for our prc'.ection?— who erects forts and con- structs canais at an expense of millions for our benefit?— who ffives proteciion to our triuie and exclusive privileges lo our commerce.''— who nurses and cherishes nil our insiiiulions until we shall be able to m UMge and he;»r (he expensfs of them ourselves?— it was the Pa- rent Stitie, and i( could not be denied that all iliese blcs-finas flow from the [inictical work- nigs of liie liiiiish Coiisiiiiiiioii, and ilint, so U\T us wn* cornpiiilile wiili (jur Coloiiinl rela- tion, we had the full benefit uf our Constitu- tion. Incur local Legislature, we bad ilie pijneipies of Kinj, Lords, and Coinmons.— We bad trial by Jury; the! abeas "orpus Art ; and every other privilege essential to the pro- tection of life and property. It should be fur- ther recollected, that we thus possess tlie laws and protection of the British Government wiih- oui Its expenses; so that it is true, as Sir I'ratfcis Jl.ad has asserted, that though we may not have the exact iimae and transcript of the British Constitution, 'the only point of essential diirerenee is as it respects its expen- sive arrangement and machinery. TliP first act of i lie Provincial Lf^islaiure. whirb m Its oons'itmion resembles the Inipcii;,! Parlinmenf, & i.-< 11 son iAimperiiimin iinpeno, was to adopt all tlie Kntlsh law., except Ilie l'o..run.l Bankrupt laws; 111.; lonii.'r li„pi) !y iwioij unnecesf^ary in n country where |,o,es,t in.lusrv will gcnernlly sulJIce lo He. ii.eii compete. cvdf wcalih und conifoir. The Coiirt of Chaneery, and oili.-r impoitanl iiisiitntions of EociHid, we csn liave whenever we wis!) fo i.vailoiirp,|vesoft|,eiTi. In.teerl, it was .jonr, that «hl« Province pi>--se9Kefl the advaniaees .iClhe Britisli Consiiiution. with many additional blcssipirs with- out .Tpy ef ii8 liiMhens. lie Mould now again paso to the question of the re!>pon9ibdiiy of the Government. If, by that fprm. II was ment that the Lietitenant Governor should be responsible to every individuni in the Province he would prove that he is so. (Hear, hear.) Yes,' and he would prove in the most satisfactory manner thai the respons.bibiy contended for bv some hon. gentlemen is a mere shadow, a thing of noimhi coiiipared with that which really exits, according to the laws and constitution of the Province. As long ago as in the reign of William III. it appeared that some of the Colonial Govein.irs did not always conduct themselves with propriety, and an Art was passed which, as it was short, he would beg leave to read: " Whereas a due punishment is not provide d for several crimes and offences committed out of this His Majcjty's realm of England, whereof divers Governors, Deputy Governors, or Com- manders-in-chief of plantations and colonies within his Majesty's dominions beyond the seas, have taken advantage, and have not been deterred from oppressing His Majesty's sub- jects within thiir respective governments and commands, nor from committing several other great crimes andofTences; not deeming them- selves punishable for the same here, nor ac- countable for such their crimes and offences to any person within their respective governments and commands: for remedy whereof, be enact- edhy tlie King's Most Excellent .Majesty, bv ' and Willi the advice and consent of me Loiu.i Spiritual and Teniporal, and Commons, lu Parliament assembled, and by the authority oi the same. That if any Governor, Lieutenant ; Governor, Deputy Governor,orCorammanders- in-ciiief ofnny plantation or colony within His Majesty's dominions beyond the seas, shall af- ter the first day of August, one thousand sev- en hundred, beauiliy of oppressing any of His Majesty's subjects beyond tiiC seas, wiihin their respective governments and commands, or shrjj he guilty of any other crime or offence, contrary to the laws of ibis realm, or iu forc« within their respective governments or com- mands, such oppressions, crimes, and offences shall be enquindof, heard and determined, in His Majesty's Court of King's Bench, here ic England, or l)efore such Commissioners, and in such county of this realm, as shall be as signed by His. Majesty's Commission, and bf good and lawful men of the same county, ani thai such punishment sliall be inflicted or, such offenders, as are usually inflicted for of fences of like nature committed here in En gland." Let it be remembered, that the Act he hai , just read was passed when the present Uniteiii lltates fort when then itolonies, si Put if the iiets, and r tiors, why |>ave been liiows plai |n the Gov fd to shelte ^onsibilitv \aimin foi ould gr-in icuted in i 18 Lord Mfl le imprisoi •ut a Govei •f the Crort pe can be I like any oil ry. In tlie fosecuted, :as, ami a \ im for an aps above dcred exc Jian wlui li; on and refa ^ lere was i led less: — at fhe juiifrmeii "That a haracter tli im for an i , lis Governn: f an action i ! or an injury , y lie arfains ■ )e tried in ij ixercised the ) ind properly \ riolaiion (.ft feposed in hi It was noi ■id been adv is council; use it woul( kowever. ii h liimself unde onsequenoe ho bad SO! ave been w e proof (if ( iponsibility \ ominaliy en uted. NeitI snt. ir, by that tprm» lant Governor should lual in the Province, (Hear, hear.) Yes, stsalisfartory manner ed for by some hon. , a thing of noiiirhi, ly exits, according to e Province, n of William III. it lonial Governors did swiih propriety, and was short, he would 11 lent is not provided 3S committed out of England, whereof Governors, or Com- ions and colonies inions beyond the and have not been is Majesty's sub- governments and tiins; several other lot deeming them- jme here, nor ac- nes and offences to ?ctive governnicnts whereof, be enact- ;llei!t Majesty, bv iseni of ine Loiuj nd Commons, lu by the authority oi 'ernor. Lieutenant arCoramrnanders- colony within His the seas, shall af- one thousand sev- ressingany of His tiie seas, within i and commands, r crime or offence, realm, or in force rnmenis or com- mes, and offences nd determined, in ;'s Bench, here it mmissioners, and 1, as shall be as- mniission, and h\-\ same county, ani ! be inflicted or, Y inflicted for of ited here in En^ : the Act he hail^ le present Unitei! fJtstes formed part of the British Empire When there were Legislative bodies in those folonies, similar to those in Upper Canada Put if the Executive Councils had been Cabi- iiets.and responsible for the acts of the Gover- nors, why was such a law passed .' Ii wouJd tave been the height of absurdity. The act •hows plainly that the responsibility rests up- #n the Governor, and ihrtt he cannot be allow- id to shelter himself under any pretended res- ^onsibihiv to his Council— nHd//„s Statue re- ams m force at this day. He (i he Sol . GenI) •ould gnnt that a Governor could not be pro"*- icuted in this country; and why? Becnuse, IS Lord Mansfield says, if he could, he mi"ht le imprisoned; and thus the colony be wiih- |ut a Governor, and the pow.r and auihoriiv •t the Crown he destroyed. But whatof ihis> He can be prosecuted in KngL.nd, and tried like aiiy other individual by a jury of hiscoun- ry. In tiie year 1774a Governor Mosivn was rosecuted, by a person of ilie nnm« Falri- :as, and a verdict of £30no reiidcreu against iimforan act which would hnvc been, per- haps above any other strictly ille-nl acts, con- iidered excusni.le. It wnsfur itoprisntiiiirr a *ian wlui lind been accused ol siirrni" up irea- ;|i..n and rehellioii mi thrcoh.ny. (JleTir lieiir ) ticre was proper respoiisihijity, ,,nd proper |edress:-and Lord Mansfield in pronouncin" fl'^^JU'lgmem of the court declared.— , "That a Governor wns not t'h:it sacred ; iharacter that an action would noi lie aM.d by a C.donial Assembly u, op;,os,iion to ihe intent and meaning of thai Ac. he should forfeit AKKIO, be removed h-orn his governihent, and Jornur rendered im aoabl,. ofany public offici* or place of trust. (1f wliat avail, he would a^k, would It be to a Guvemnr of Upper Cana. da, who had rendered bims, If liable to peni.h- mem under the liruvisuas of either U' thes« Ii 12 Acts, to plead as his excuse that he had acted onlv responsible to the King, and that such by and vviih the advice of the Executive Coim- was the Constitution. cil— would such a plea save him from punish- He (the Solicitor General) felt an unwillin^- ment, where would the responsibility rest then ness to refer to the extraordinary conductor (Hear, hear.] He might multiply proofs and the late Councillors, with all of whom, except authorities, but it could not be necejsnry.— one, he h.ul ever been, and hoped still to con- Those hon. centlemen who wished to be infill- tinue, on terms of friendship and intimacy, enced by honest argument and truth had heard It w.is a maxim with him never to allow polit- enou£ih,and if any were already determined ical feelings to destroy private friendship ; he as to their votes, without regard to facts or ar- had become perfectly callous to the attack? guments. they must pursue their own course, made upon himself by political opponents, and It had been asserted that the doctrine laid should never suffer them to afTeci him. But down by His Excellency was altoaeiher novel ; his public duty required him to refer to the let- but when, he would ask, had responsibility ter which had been read in that House, and in been claimed at any former period of our his- ihe Legislative Council, setting forth the terms tory bv the Council, or by any body on their on which those gentlemen took office. It was behalf.? Where was the proof of it r ("Where asserted, in theUeport under consideration is it not?" frotii Dr. Morrison.) Thehon. and that that letter, as read in the two branches oi learned gentleman as»s '-where is it not?" the Legislature, had been altered from the ori- He (the Sohciior General) was really surpri- ginal draft shown to those gentlemen by His sed. Why was there no noise made about it Excellencv, and that it did not contain the |a.st Session ? Had not^ that hoii. genilernan terms on whii'h they accepted oflice. [Hear.] u u ...1 .1 L .- > ■ . , , But, if this were true, would those gentlemen himself, and those with whom he acted, de «;lared that the Council w;is a perfectly irres- ponsihh and useless body.? Perhaps the hon. frentlem'rin had forgotten this, bin his memory should be presently refreshed. When the Act was passed, rnakin? a permanent provision cf £500annuiilly f'r 'lie support of tbe Council, have taken ofTice under such circumstances.' If gentlemen, so distinguished for acuieness and deliberation, iiad seen additions of such importance made to the original dr-ifi, woul.l they not have returned the letter to His Excel- lency. and haveretired, saying— "NoSir, these present coui |raluable leg ^0 importan '|Gen ) it ap ■jSpeaker wa jCouncillors, jit every sta{ iheir taking ^ect inform a incorrectnesi nd therefon lermitted hi lunicating »ol. Gen.) V Jer contained ^hose gentle e would asl nderstandin ;ed to those ight feel it lould they hi at unlimite trued them i it was asked often during the debate, and par- are not !he terms on which weaccepted office.' ticularly by the tion. member from Lenox and Or if tliey did not wish to embarrass the Gov- Addingion, "WInt is the use of such a body, responsible lo no one for their conduct.'" He (the Sol. Gen.) had no doubt but those argu- ments would be iViund in the speeches of hon. members as reported at that time in the pub- lic papers; but now they seem to have acqui ernmei.t by retiring, could it be supposed that they would have put the letter into vour hands Mr. Speaker, and in ttie hands of a friend and member of the other House, for the purpose of having it read, as it was by you, with much emphasis and apparent satisfaction, for the red new light. [Hear, hear.] To show that express purpose of showing the conditions up- some changes of opinion had occurred, he on which they had accepted office, if it did not would read an extract from the famous Griev- truly describe those conditions.? He (the Sol, I ance Report of la.st vSession : Gen.) was bound to assume th ,t the assertion | "It appears that it is the duty of the Lieu- made in the Report was unauthorized, because \ tenant Governor to take the opinion of !lie Ex- he could not for a moment suppose that the* ■ecutive Council nnbi in mrh casts ns he slinllbe hon. ^peaker of this House would have con- required todosohii his instructiovs from tlie sented to read to the House, on behalf of his Imperial G^yrnmnit, and in such of fier cases most intimate friends, as an authentic docu- as he may think jit :' ment, one which he must have known was not Now, lie panicularlv desired to call (he at- so. He fell very sensibly the embarrassingi tention ot the hon. member (Dr. Morrison) i^ situation in which the hon. Speaker must be' the fact, that his own name, the name of T. placed on the present occasion, and would I). Morrison, wassiuck to that Report. Yes, most gladly sit down in order that amotion there he was, saving the very thing which he might be made for the House to go into Corn- now declares, ami alin(3st swears, is not true. rniitee,and thus allow the Speaker an oppor' (Hear, hear, and laughter.] The hon. gentle- tunity to express bis views on this afTair. In , iBan who labrieaiid that Report knew wrll deed, it was most unfair in the majority of thfa «Jiat the Council, 38 well as the Governor, was House not to go into committee; as by the . [Hear, f mysteriou ir which he I It had been iy received i i^as wrong fo 'eir principle luld His Ej llied to them is exposition e Council, i Your views i in a vital prii impossible nder such cir jalmly weigh •re you, atid i iede to them, lem up, and rms." Had le Would have It had been enox and i ouncil were hey had addi ey discover?( (Ad to: and t om the Coun le Executive irecy on the s ■as, that if ihi veryr serioui len— in the fii 13 g, and that such felt an iinwilling- Jinary conduct of I of whom, except loped siill to con- ip and intimacy, ver to allow polit- te friendship; he s to the attack? s! o|iponents, and afTeci iiim. But to rcff'r to the iet- lat House, and in ns forth the terms ak office. It was er consideration, ; two branches of fred from the ori- enilemen by His not contain the I ofiice. [Hear.] those gentlemen circumstances? ?d for acuieness dditions of such nal dr-ift, woul.l ter to His Excel- ; — "No Sir, these accepted office.'" bfirrass the Gov- be supposed that r into your hands s of a friend and :>r the purpose of you, with much (faction, for the le conditions up- ffice, if it did not i? He (the Sol, h it the assertion horized, because uppose that the would have con- on behalf of his authentic docu- f known was not )e embarrassing iipeaker must be on, and would ' that a motion to ?o into Com eaker an oppor this afTair. In ( majority of the ttee; as by tiie eresent course, iiio h._ Lse was deprived of the #aluable legal opini. ^ of the hon. Speaker on JBO important a subject. But to him (the Sol. 'IjJen ) It appeared perfectly clear that as the (Speaker was the intimate friend of the late fJouncillors, and had been consulted by them pt every stage of the proceedings which led to |heir taking office, he must have been, by di- rect information, or oiherwise, aware of the Incorrectness of that letter, if it were incorrect- ^nd therefore, if it were so, he would not have' lermitted himself to be the medium of com- municating it to the House. Hence, he (the lol. Gen.) w as bound to believe that that let- T contained the real principles under which -hose gentlemen became Councillors. Now |e would ask, if they accepted office with an' iDdersianding that their advice was to be lim- ted to those affairs on which His Excellency ; night feel It necessary to consult them, how ; ould they have understood the Instructions in : nat unhmited sense in which they have con- trued ttiem in their address to His Kxcellen- :^y( [Hear, hear] There was a something ^ It mysteriousness hanging over the whole af^ *»ir which he could not comprehend. It had been stated, thai after His Excellen- y received the address from his Council, it I'as wrong for him to require ihem to renounce '^''' P^nciples or retire from office. But how luld His Excellency do otherwise.' He re- ined to them in a document in which he cave iisexposmon of ihe Constitutional powers of ^le Council, and then he in substance said — Your views and mine are directly at variance in a vital principle of Constitutional law— it impossible that we can act harmoniously ncler such circumstances-you must therefore pimly weigh the views which I have laid be- pre you, and if you cannot conscientiously ac- lede to them, I cannot conscientiouslv sive |iem up, i,nd therefore we must part on good icrms. Had His Excellency done otherwise, fe would have been justly condemned. It had been stated by the hon. member for _enox and Addingion that the Executive |ouncil were willing to withdraw tlie rifcner «iey had addressed to His Excellency when ley discover?d the difficulties it was likely to ;ad to: and that it was proposed to era.se it om the Council books, and that the Clerks of lie Executive Council had been sworn to se- .7/r/'';,'"^J"''- ^" ''^'" he could say vas, that if this statement was true, it involv- m verjr serious charges against these gentle- fcen-iQ the first place, he knew of no author- ity under which the Councillors could admin- ister such an oath to the Clerks, and if no such authority existed, then the oath administered was an illegal, and a profane oath; and in the second instance, the proposal to erase from the records of the Council the document they had so deliberately signed, if made as asserted by the hon. member, (which he was bound lodis- credit) was most reprehensible: and he must say that if such a proposal was made to His il^xcellency, and he had not forthwith dismis- sed those who made it from office, he would not have performed his duty; unless indeed they had been convinced of their error of judg- tnent, and on that account wished to retract their opinions. To continue them as Councillors, they re- taining the opinions they had expressed in op- position to the Governor would have been ob- jectionable indeed. Suppose, by way of illus- tration, that two or three Clergymen should write an elaborate docutnent to 'heir Bishop dcclarmff their disbelief of the great truths of Ivhristianiiy, and statina: their reasons, there- by to convert him to their views, and that the Kishop should reply at length to their objec- tions, and inform them if they persisted in their opinions, they must be suspended, as he cou d not labor in connexion with persona holding such sentiments;— suppose that when they see they are in consequence likely to lose their ivings and be expelled the church, they should request permission to recall their decla- ration, at the same time retaining their opi- nions. What would be the duty~of their Bi- shop.? Evidently to say "No, gentlemen, it will not be sufficient that you withdraw the testimony of your guilt, you must retract your opinions, you must declare that they were wrong and that you no longer retain them, hetorel can consent to continue you in your sacred office." Now, the affair with the Council was precisely similar. If the gentle- men were not convinced by the able, plain and kinci reply of His Excellency, they were bound in honor to retire, even if not requested to do *u e,- '°° '''«'' ^" opinion of the honor- able teelingsof those gentlemen to believe that they had proposed to withdraw their paper and continue in office, retaining the opinions they had avowed, and he was astonished that such an assertion should be made. If true, nothing, in his opinion, could more fully prove their unfitness for the confidential and honora- ble situation of Executive Councillors than that they were capable of making such a pro- 14 posni. A iiront deal had been said about His Ex- cel U'niy hnving garbled the documents sent to the Cuuncil, li appeared that, through a cle- rical error, the word "these" had been omit- ted, mid on I his ground his Excellency is charged with a laxiiy ot moral principle. To say uuthins of the unjustifiable grossness oT this charge, it wis really asionishinp that hon. genlleniPfi could not discover, iha», if his Ex- celleocv had designed to garble his extracts, it would have bten as easy a matter for him to have done so the second time as the first, and iliDs not liave exposed himself. Such ■ccusanoKs were no credit to those who made them. Such charges might, with much strong- er semblance of truth, he brought against the autliorsof the llepori under discussion. A most labored effort had been put forth by the Com- mittee to impeach the character of His Excel- lency in reference to the arrangements which had been made between two of the Council- lors, concerning the administration of the gov- ernment in case of the death of his '.excellency. As it respected the arrangement itself, it was altogether unnecesbary. [t appeared to have been made under the impression that the se- nior councillor must otherwise become the ad GQiaistrainr of the Government in the case sup- posed. But that was a mistake. When Mr. Smith was svom into office there were two older councillors than liimself, Mr. Baby and Chief Justice Pcwell; neither of whom was forbidden by the Constitution to administer the Government. But no man is obliged to nssume the office. He would now state the facts of this case, and leave every honest mind te judge whether there was any foundation for the abuse which had been heaped upon his Excellency. One of the Councillors, before they were sworn into office, (let that be remem- bered), suggested, that in case of His Excel- leHcy's death, the administration of the gov- ernment should devolve on llie hon. Mr. Allan. To this Mr. Sullivan readily assented, being anxious to be Iree from so great responsibility. And to place his wish beyond doubt, it was suggested by Mr. Sullivan that a writing should be drawn and signed by him, declaring that, in the event of the Government devolv- ing on a Councillor, he would resign and make way for Mr. Allan. This conversation took place in presence of His Excellency, who was requested to draw an instrument to that effect. ri_|-| !■. at ■« .^... ter rested. If was no official document,— it was not done in Council, nor was any record made of it. It was a private arrangeninit be- tween two gentlemen, with respect to whiclij the Lieutenant Governor was perfectly indif-' ferent. [Hear, hear!] Now, what does the Report state? It states that when His F!xcel. lency was addressed by the House for infor- mation, he intimated— ^mark the expression)- ^ he "intimated that he knew of no such agree- ment, and that in fact no document of such a; nature existed." Now this was plainly a mis-' representation. His B^xcellency intimated ml such thing; and, to prove this, it will be mosil satisfactory to read the answer his Excellency^ did give to the Address of the House for infor- mation on the subject. It is as follows: "Gentlemen — I herewith transmit as much of the information desired by the House as i possess. "I have entered into no bond or agreemeni; of any sort, with my present Executive Coun-^ cil, and I do not possess, nor does there exisll in Conncil, any document of such a nature/ between two or more of the said Council." L This answer was in the possession of thei committee at the time they made the unfound-^ ed assertion contained in their Report. Anv| man of ingenuous disposition— any man whol was not desirous of perverting the truth,' would have at once seen that His Excellencv, rnerely wished to inform the House, that offi-, daily he had no control over any documenti such as was referred to, but that he by nof means intended to convey the idea, that " no? document of such a nature existed;" on xht^ contrary, he very plainly intimated the reverse,! and to prove that he had no objection to its be-j ing made public and that he was ready to as-L sist in its disclosure, he permitted Mr. SuUi-l van to appear before the committee and statel everything he knew respecting the matter,— I Had his Excellency desired a concealment hel could have prevented this: and the committeef would then have been left without this new! topic, upon which to assail the Lieutenanil Governor. BuJ, as an honest man, he had no! desire to conceal truth— all he asked was,! that the truth should be plainly told, and nol false interpretations placed upon it. MuchI stress was laid upon Mr. Sullivan having ex-L pressed an unwillingness, at first, to state whoj drew up the document. But why was he un-f uesjed to draw an instrument to that effect, willing? Undoubtedly, because he suspected! uiu 5o, and it was signed by Mr. Sullivan; the dishonorrtble use that would be made bvi and Mr. Allan recdved it, and there the mat- the dishoDorrtble use that would be made by| the committee of that information. [Hearj !ia] documeDt,-~tt >r was any record « arrangement be- respect lo wliicli^. IS perfectly indifV ow, what dot's the when His Kxcel- House for infor- c the expression)— ' of no such agree- )cument of such a was plainly a mis- ency intimated no , is, it will be mosil I'er his Excellencyf e House for infor- i 1 as follows: — transmit as much . by the House asll fond or agreement- Executive Coun- does there exists )f such a nature, jaid Council." possession of the! lade the unfound| ir Report. Any^ n — any man who! n\ng the truth,! I His Excellencv,! House, that o[ »• any documenti ; that he by no| ; idea, that " m[ existed;" on thtl naied the reverse,^ ejection to its be- was ready to as- [litted Mr. Sulli- mittee and state] ig the matter.— I I concealment hel id the committeej ithout tiiis nenl the Lieutenant! man, he had nof he asked was, ily told, and nol iipon it. Much! ivan having ex- rst, to state whoj why was he un- use he suspected) lid be made byj [nation. [Hear/ 15 Iimpossible It was for any imDUiations t« h» Uj'.y.P'^''^;?''^ a man as ever was entrusted by li^ J . ^^S^^° to that transaction he country" ilirreal n urof a transaJL'n" ^ Vh"'' '''''''\ '^ "^"'^ol-t desl^n/of oi; fhich had been so shamefully mis en?esPn»S ^ '""''. "ndul-ent and patriotic Kings that for party purposes, ^h^/^'^" '^ ™'«^''P'-"ented ever wore the Bruish Crown, [hear, hear and ^ He had detain 1 the house a Ion- time but i^,nnr.o ^'^""'f P^'^^"'^'^]^ accomplishing the be hoped that the vast importance of thPc.h "P°^'»"l work entrusted to him. amidsT ail M would form for hitnTrffic^n^'^^^^^^^^ X [He" ^ ■•^•' "^'g^'"'' J'-wn i„ hi. ^l^fl'^.* f-P -A'h^"l-^>'eresr in iL 72'.^ ^ 'Xt aT^^^le'^itu^e'lI'vVlat ^hich had b e a reVdy deterrni e^^ no"'''°" '^ ^f^'n^-and offer [hat regard which every patriot Ir'm!;!! h"! "'''y •%^^P0««' him from his exalted offiVe tel.for the prosperity of t'S countr^-n^""? daJ'^F^' t"" T ' '° '^''' ^?''*"«' »"'"' the Ihe interests of ^jimself and his nosterit"^".- ^"^-^o*^ ^yl'^ed society. [Hear, hear] He fake, rendered it impost rati'eVh^ufd s^.f .h"°r ^T "^"l. "^" ""^^' '""^ """c^ ty less than he had. ' The subjec was an ei n/^ of understanding, or honesty of princi- ft.ng one, but he had endeavored To co„fi„: c^e^h- ?k"''' °^ hear., who would .lot de- fmself.oadeliberateconsideraion.andcalm v ew h. . .pT "^^^ ^^«"'e other object k,pt in fscuss.on of its true principles and merit^ !''^fyj''t. "•"''"'""** "'''°'?'" *>'■'''«' »«- N of ,hose prominent features of the ReS E;! '5' 'n^est.gat.on of constitutional h.(Jh, from their connexion w?ih ih^mni P'^'"f'P'es- »t spoke not the calm and digni- h>ion,seemed to poss^Ts "om ' imno.r " ofl^u'S^ n'/f"?^ ^^'"°''""' ^"' '^^' 01 an UDwonhy and factious attempt to embar- rass the administrator of the Government. .1 hat would he tniced by every candid man in almost every pnragraph, and it would pro- cJuce m the country a very different effect from tliat which the supporters of it appeared toan- - -lie real rcsponsibi[i".'«'V>r'rn" T'^'P^'^- J^*^"- hear.] He supposed that ntal Government; and had made i.^hvi^.?' T' '"""^"'' ^"^ resolved, however, to try at the system ad;oca,ed by Te late Council l//?""""'"'* Well, let them do so. ' They 'tl 'n li.e Report, if indeed imilhthPP,n; ''^^ .°f<=ourse power to stop thesupplies ne-ss- system, would con^pSy remove that i, .!'"'""" °" '""^ °/> '^' ^°'''"'' '" «" ««Jvan- >ns,bil„y from where hiL^u ould safelv" S"J.'";'"T? ''"^ "^"^ "'^ «"°"'^^ P°^" (St, and would introduce in its stead a mlJ J^° V'^'*''', ^'''^""^ was derived; and it wa, ideal responsibility, subve tin' ,he beTt7n 1°I '''Tr' '" '^''^'^' whether it was for the rests of the country, and annihil.tin' n h Kn •' ""f'^'i 'i^'^ ^""^ government of the 'ery vestige of British ^uk K IjeaV fZlH '^^l'^'- ^"''''' '^ Justice should be nd now he would close his remnrks bv /^ ^ ^5',.'» 'i.^"" 'mportant proceedings.-ihat ressiDg his deep rejfret tha me^ shonlrl ?: h" f'"?'" °'^''" ^''""''^ ^' shut up, and that •und occupying tife impor an and ds.iS llffM'''''T ^^'"^'''^^ "^^«ha'.ic should ^'shed places ofrepresenaiivesnfAa. 1": ifr^'''"' the suspension of all internal im- liraaie lunclion,, and Lw far their ejis!- :i''.Pl-"°!™P-e-au;es„rapa,rio,i. provemen,. Ve, s„.l, ev„y l,„o. .e„b„ ible result of slopping notwithstandine all the evils that »nni« I - ■^i"';acuioiives 01 a patriotic -opie, who could abuse the trust commitfpri t-.,o.. u --'."""" "'^'X """• '"t-iooer • i.»r„ ...^ -...:, .. .'« trust committed knew must be the inevitable result of sioppioff 16 done; and then efforts would be made to per- suade the country that it was done from a re- gtird for their rights and interests. (Hear, hear.) But the people would not believe it; there wns too much intelligence in the coun- try for suci> a deception to be practised upon its inhabitants. There was no Colony that pos- sessed the power and the advantaces which bad been entrusted and granted to Upper Ca- nada, for the benefit of those patriotic men who were among its first inhabitants, and who risked their lives, and sacrificed their property, in defence of British principles; yes, many of theni had fought and bled for the sake of the ftrivileses which they then enjoyed under mere- y chartered governments. But the British Government, with that nobleness by which it has ever been distinguished, generously de- creed n reward to their loyalty by increasing and greatly extending the privileges they had previously enjoyed, and conferred upon this Province that constitution which it was the object of the' Report under consideration to BQDvert and destroy under the false pretence of supporting it. (Hear, hear.) Yes, the object could not be concealed, and the country will pronounce an equitable sentence on its authors and abettors. The powers entrusted to ihe Colonial Legislature were never intended to be exercised in the manner now contemplated. It never was supposed that an effort would be made to withhold the necessary supplies for carrying on the Government, because of a dif- ference of opinion having arisen between the Governor and the majority of the House on a constitutional question : — and on a question which the Imperial Government alone could decide. What was the meaning of such a step.'' It was saying most distinctly, liot to the Governor, for he had not power to grant what was demanded of him, but to the King, " Unless this question be decided according to our dictation we will refuse to co-operate with the Government, we will array ourselves a- gainst the constitutional powers of the King's representative, or in other words, against the King himself." (Hear, hear.) Such was the language spoken by the measure, and although it might be denied, it could not be disproved. A certain system is laid down by our Reform- ers in the Assembly, and it is designated res- ponsible government ; — it i& asserted that it is the system acknowledged by the Constitution, iknd the Governor is required to act upon it. He dissents, and states that he cannot view ffie Cousiilulioa in that light, and uiereibre tSDiiot, ID accordaoce with bis oaih, adminis- ter the government on such principles; but he points to the imperial government as the only tribunal competent to a./ard a decision, and to that decision be declares himself willing re- spectfully to bow. Why then does not the House wait for that decision.' If hon. mem- bers were willing to abide by it, and to uphold ihe Constitution as it exists, why stop tht Supplies ? Such a step is evidently an atiempi ! to intimidate the Government, and it loudly declares to the King, you must either decider that our construction of the constitution id right, or you must make such changes as wilif accord with the system we have demanded: and if you will not, we will not be governeJ by you. (Hear, hear.) Suppose the Govern^ ment should decide that that system cannot established without destroying all colonial de pendency, what then roust b^ done? The anJ swer was obvious :— but there were more thaii| 150,000 men, loyal and true, within this Pro-I vince, who would never consent to have thel authority of the Sovereign trampled under foot| and never, without their concurrence, couli the moral power of the Government be pul| down. (Hear, hear.) If the refusing to vol* the Supplies would not open the eyes of tha jieople, they would deserve to be slaves; no| the slaves of the British Monarch, for such i relation could not exist within the boundarietl of his Empire, — [hear, hear,] — but the slave of the present majority of the House of Assenij biy, whose eager grasping after uncontrolle power sufficiently proved how utterly disqualij fied they were for possessing it. [Hear, liear.f He was but an humble individual, and s.i-oa in a minority in that House; but, of that mil nority he was proud on the present occasion,- and he felt assured that the cause lie and hii estimable friends were now advocnting woull be found to be the cause of the people, and thai he was expressing the views of those whoconJ stituted the worth, and the intelligence, sol the patriotism of the country. Whatevef might be the result of that evening's discu* sion, and he had no expectation but that tb| Report would be adopted, it would afford hin unmixed satisfaction to the latest period of hil life, that he, and his respected friends. arouni him, had lifted up their voices, and rccordeJ their rotes against a measure so fraught witi most disastrous consequences to the Frovinctf and so directly at variance with every princil pie which ought to find a lodgment in a Brill on'a heart. [The hon. and learned gentlemaf resumed his seat amidst loud cheerii from til crowded galleries, and the space below the barJ *■ principles; but he imeDt as the onl]r i a decisioD, and limseir willing re- >en does not the n? It' hon. mem- y it, and to uphold its, why stop the idetiily an attempt ! ent, and it loudly must either decide| lie constitution ii^ h changes as wil| have demanded^ II no( be poverneil ppose the Govern-j L system cannot Fig nil colonial de ^ done ? The an-f re were more than] , within this Pro-! iseni to have th(| impled underfoot;: oncurrence, couldij uvernment be puf le refusing to votq the eyes of tha to be slaves; no| march, for such i in the boundaries ,] — but the slaves ! House of Asseroj jfter uncontrolle V utterly disqualiJ it. [Hear, hear,] vidua], and s.i-oJ ; but, of that mi-j ■esent occasion,- cause he and hi| ftdvocnting woulJ e people, and thai of those whoconl intelligence, anl ntry. Whatevei svening's discusi lion but that till would afford hin itest period of hij ed friends. a rounl ces, and recordeJ e so fraught witl to the HrovincJ Mth every princil gment in a Brill earned gentlemaf i cheers from tiij ce below thebarJ