w LIBRARY UNI VERITY OF V CALIFORNIA Digitized by the Internet Archive in 2008 with funding from Microsoft Corporation http://www.archive.org/details/crisemetcalfelafOOrossrich C^>r A7v >T s€- W THE "CRISE" METCALFE X9> AND THE MdfonftttKcv^^lrtCbtutu CABINET DEFENDED. > C & LETTER OF TO THE I c OE IJIML 03MlbI[y PRINTED BY W. COWAN & SON. 1844- / — A W /"^ Mce.— Seven Pence Halfpenny. \JTVV 7 ^ "yv THE "CRISE" METCALFE AND CABINET DEFENDED. OF /i TO THE OF CANADA. At operate Deos memores fandi atque nefandi. — ViRG. <&u*fttt : PRINTED BY W. COWAN & SON. Fiotz, TO THE "FREE AND INDEPENDENT" MEMBERS OF THE OSS) fig-fo GENTLEMEN, There never was a period in the history of Canada when the Representatives of the people were more imperatively called upon to make a stand for their rights, in a spirit of honest independence and loyalty to the Sovereign, than the approaching Session, in which you are to enter upon the fulfilment of the solemn task which jou have undertaken at the hands of your country. I trust that the honorable though hacknied title, by which I have presumed to address you, embraces within its exalted category, every man who, under an oath to his Queen and his country, will pass the threshold of the Legislative Hall. 777 You assemble now under an aspect of affairs differing essentially from the usual condition of things at the perio- dical sittings of the Legislature, when public men resort to Parliament impressed perhaps with the importance of a variety of state measures, which may happen to be under contemplation, but without, nevertheless, concen- trating their forces or their energies on any one point, and possibly, without directing their attentions to any one subject in particular. You have been selected to fill your present posts, not in virtue of a common and ordinary election, had upon the expiration of a quartennial Par- liament, but in consequence of a premature dissolution of the Parliament of your predecessors, and upon a solemn appeal to your constituents, by the Head of the Executive, to determine the merits and demerits of a quarrel between him and his constitutional advisers. You resemble in some measure the Grand Criminal Inquest of the Country, summoned to investigate certain charges preferred against your fellow beings and fellow subjects. You stand in the light of a special jury em- pannelled to try an important state prosecution, and to find a verdict either for the accuser, — a high dignatory and the Representative of Royalty, or for the accused — the humble functionaries of the people. You are about to perform the important functions of a tribunal in the last resort, and to stand in judgment upon the appeal to you by the contending parties, from the sentence pronounced by your predecessors, in the cause of the fautors of irresponsible executive power on the one hand, arrayed against the people's mandatories, — the advocates of the British Constitution, and British Constitutional freedom, on the other. The great question of the day is the propriety of the resignation of the late ministry, or in other words, their dismissal from office in the month of November last, and the course to be adopted by you, the new Legislative Assembly, specially summoned to decide this political controversy. In order to reach a sound conclusion in the matter, a variety of subordinate points, involved in its issue, must be duly considered and determined in con- nexion with the main subject. First: — Whetherthe system of Resposible Government established in this Province, is, in so far as relates to its local affairs, identical with the practical working of the British Constitution in the Mother Country, and the responsibility of Ministers to the majority of the House of Commons. Secondly: — What was the real cause of the quarrel between His Excellency Sir Charles Metcalfe and the Ex-Ministers ; and whether, divested of all subtilties, and paltry quibblings as to form, it was not as to the right to be consulted on all appointments to office, claimed by the ministry, and denied by the Governor General. Thirdly : — Whether the ministry were constitutionally justified in setting up this right, and the Governor Ge- neral wrong in resisting it, — or vice versa. Fourthly : — Whether the mere assertion of the right to be consulted, set up — rightly or wrongly— by the late- ministry, implied a design on their part to subvert the authority of the British Crown in the Province ; and whether the manner of asserting it, or their conduct — or that of their adherents, since the resignation, was indicative of any treasonable purpose, or of any other object or design whatever, than the mere enunciation cf a constitutional right, which they conscientiously believed themselves to possess ; and whether the course pursued by them in this matter, was not perfectly compatible with the most profound loyalty to their Soverign ; — and whether the Governor General was justified in char- ging them publicly and repeatedly with disaffection, disloyalty, and a desire to overthrow the authority of Great Britain in Canada. Fifthly and lastly : — Whether, — the ministers being justified in resigning their offices, — ought now to be sus- sustained in their position, and the confidence of the Representatives of the people withheld from any other public men accepting office in their stead, of whatever party or politics. The third and fifth are obviously the great points to be determined ; and they must be decided with reference strictly to the state of parties at the time of the split in November last, without regard to the subsequent con- duct of either party. Hut the fourth proposition which has arisen out of trie conduct of the Governor General and his partizans since the resignation, as it assails the characters, as well of the late ministers, as ol a large majority of the last Legislative Assembly, and of the people of Canada, is essentially connected with the merits of the quarrel, as it now presents itsell before your House, and is entitled to your most solemn deliberation and decision. The concession to Canada, by Great Britain, of a representative form of Government, modelled upon the established constitution of that country, necessarily implied that the administration of its local affairs should be controlled by the people through their representa- tives ; and all the evils which have befallen this unhappy land may be ascribed to the hitherto almost univer- sal error, that this system, in practice, was incompatible with the subordinate relation ol the Colonies to the Parent State. This fallacy has been exploded, and is now never heard, save in the mouths of a remnant of that class termed " official," who cling to it for the sake the em luments which its corrupt practice alone could procure for them ; or of such as are grossly ignorant of the true principles of th*t great model of popular in- stitutions which it is our pride and our ambition to imitate; or of some who, if they happen to understand it, have no feeling in common with the permanent inhabitants of Canada, whom they deem unworthy of the rights and pri- vileges 01 British subjects After an attempt — of fifty years duration !— to carry out a representative form of government, regardless of the declared wishes of the people, which alone could give it vitality, and in diametrical and contemptuous op- position to the daily illustrations of a different practice in the very country whence the system has been derived, the principle of responsibility to the majority of the popular Branch is at last formally and solemnly reco- gn.zed and established in practice, as well by Her Majesty's Instructions conveyed in the despatches of the Colonial Minister, her constitutional organ, as by the resolutions of the Legislative Assembly of the 3rd Sep- tember 1841, sanctioned by the Home Government, and ratified by their public approval of the administration of Sir Charles Bagot, under whom it obtained its due cons- titutional sway. It is certainly matter of pardonable surprise, that at this day such an unqualified recognition of a constitution- la responsibility in the Colonial Ministry to the popular Branch, in relation to mere local affairs, should be con- troverted in any quarter, and least of ail by Her Majesty's present I epresentative, whose advent to this country was heralded by an enumeration of the many laurels acquir- ed by him in the advocacy of popular rights, against the encroachments of unconstitutional power; — more espe- cially when it is considered that his novel pretensions on this head were daily obnoxious to rebuke from the fresh recollection of the opposite and beneficent policy pur- sued by his predecessor. In whatever shape the difficulties which have super- vened in this Province since the month of November last, — in whatever guise they may be presented to pu- blip notice,— be the contending parties who they may, it is but the continuation of the struggle for constitutional Government — that responsibility of the Executive coun- cil to the Representatives of the people, contended lor during half a century, and now happily consumated in the country. The opposition to it is but the last effort, the expiring howl of that mercenary class, who, by ser- vility, venality and corruption, have marred the prospe- rity of the Colony, and whom, to our disgrace be it said, that portion of the population self-styled British, have improperly, though perhaps unwittingly supported, by countenancing a schism among the inhabitants of Canada possessing no character of distinction, save the odious one of natural origin, which rendered it the more per- manent by reason of its being lounded on prejudices and the absence of all principle. That system in the administration of Colonial affairs termed Responsible Government has now, however, been fully conceded, in m much as it is admitted on all sides, — as well by the late Ministers, as by the Governor General, and by Viger, Ryerson, Moffatt, &,c; and what every body says must be true. But we differ, and have been quarrelling since the month of November last, about its interpretation, caused probably by the want of an ac- curate and settled definition of the principle, it being ex- ceedingly difficult to interpret that which we cannot de- fine. It is somewhat remarkable that a great many poli- tical writers, and newspaper editors, strenuously support the system as undurstood by His Excellency Sir Charles Metcalfe in the month of November last, and as strenu- ously characterise the pretensions of the Ex-ministers on this head, as extravagant, untenable, and even republi- can, and nevertheless wind up their logical pates by terming it " undefinable"! It is always definable, — when viewed through the medium of a Governor General's understanding ; it is ever *' undefinable", when it obvi- ously and palpably harmonises with the views of the Ex- ministers. The term " Responsible Government" is, and cer- tainly ought to be of simple solution. If means, and can mean nothing else, than the application of the work- ing of the British Constitution, to the administration of the local affairs ot every Colony possessing a representative from of Government modelled on that constitution, precisely in the same manner, and subject to the same Jiabilites and changes as in the Metropolitan Govern- ment, without in the least degree trenching on any ques- tion of an imperial nature, or affecting the general po- licy of the Empire, or the dependency of the Colony upon the Parent state. In carrying out this system the Governor General cannot, or at least ought not, without previously consulting his Executive Council,-Ministry,- Responsible advisers, or by whatever name they may be designated, introduce any measure of a local nature into either Branch of the Legislature, veto any measure matured by them, appoint to any office in the Province, nor do any other act whatever, in the local adminstration of the Government, without observing this constitutional formality. He is not nevertheless bound to follow the advice ; and where, on any given occasion, he either abstains from consulting them, or, having done so, acts contrary to their advice, as in the absolute and in- dependent exercise of the Prerogative he most as- surdly may do, the Ministry, if they deem the act of such a character as to compromise those political principles, by force of which they have been raised to office, or that they otherwise do not choose to assume the responsibility of it, may resign their offices. It is manifest that in this particular the independent exercise, by the Governor General, of the Royal Prerogative, is as necessary for the healthy working of the principle on behalf of the people, as on the part of the Crown ; this species of antagonism being the only expedient to which the Governor General can resort in order to rid himself of advisers, whose political influence may be on the wane, and for appointing others more congenial to what he may conceive to be the wishes of the majority of the people. It is of course superfluous to add that the term of office of every ministry must ever and invariably be determined by the majority of the Assembly, and by them alone, it being always left to the prudence, discre- tion, skill, and tact of the reigning ministry, and to the admonishing signs of the times, to determine, whether a mere numercial majority can justify their further reten- tion of office. Such is a plain exposition of Responsible Government as adapted to colonial administrations, and which is per- fectly compatible with the subordinate relation of the Colonies to the Parent State, and the general responsi- bility of the Representative of the Sovereign to the Home Gevemment ; for when he follows the advice of his Colonial Cabinet, which will in general be almost thrust upon him under thr working of the new system recognized in the Colony by his Superiors, it is absurd to suppose that he is not relieved, pro tanto, from all further responsibly in regard to acts of a purely local character, — notwithstanding the idle vapourings about imperium in i/npma-colonial dependency ,-responsibility of the Governor to the authorities of Downing Street, &c. &c. For the information of that class who knit their brows at the mere mention of the term " Responsible" in any shape, 1 shall make a small extract from a work alrea- dy more than once alluded to, from the pen of the late lamented Andrew Stuart, Esquire, an eminent mem- ber of the Lower Canada bar, and for many years a member of the Provincial Parliament, a man distinguish- ed by his unceasing advocacy of a liberal and enlight- ened policy, highly esteemed by all parties in the Pro- vince and who, as a statesman or a jurist, has not left his equal behind him. (" Review of the Proceedings of the Legislature of Lower Canada in the session ol 1831. p. 136") w " By the Colonial Constitution, as it stands upon paper, " the Executive Council is not only a council of advice, M but a council of controul. The Governor cannot grant