appears to them to be desirable that the proceeds should be applied to the purposes of general education. One of the most important subjects to which their enquiries have been directed, has been the state of the legislative councils, in both the Canadas, and the manner in which these assemblies have answered the purposes for which thy were instituted. Your committee strongly recommend that a more independent character should be given to those bodies, that the majority of their members should not consist of persons holding office at the pleasure of the crown, and they are of opinion, that any other measures that may tend to connect more intimately this branch of the constitution with the interest of the colonies, would be attended with the greatest advantage. With respect to the judges, with the exception only of the chief justice, whose presence, on particular occasions, might be necessary, your committee entertain no doubt that they had better not be involved in the political business of the house. Upon similar points, it appears to your committee, that it is not desirable that judges should hold seats in the executive council. Your committee are desirous of recording the principle, which, in their judgment, should be applied to any alterations in the constitution of the Canadas, which was imparted to them under the formal act of the British legislature of 1791. The principle is to limit the alterations which it may be desirable to make by any future British act, as far as possible, to such points as from the relation of the mother country with the Canadas, can only be disposed of by the paramount authority of the British legislature; and they are of opinion, that all other changes should, if possible, be carried into effect by the local legislatures themselves, in amicable communication with the local government. Upon the great question of the union of the two Canadas, your committee have received much evidence, to which they desire to call the attention of the house. With reference to the state of public feeling that appears to prevail in these colonies on this momentous subject, your committee are not prepared, under present circumstances, to recommend that measure. Your committee, nevertheless, think it highly desirable that some satisfactory arrangement, (and, if possible, one of a permanent nature,) should be effected between the two Canadas, with regard to the imposition and distribution of the customs collected in the St. Lawrence. They trust, however, when the heats which so unfortunately exist shall have subsided, that such an arrangement may be amicably effected. Your committee beg leave to call the particular attention of the government to the mode in which juries are composed in the Canadas, with a view to remedy any defects that may be found to exist in the present system. Your committee lament that the late period of the session in which they were appointed, has rendered a minute investigation into all parts of the subject submitted to them impossible. They believe, too, that if the legislative assemblies and the executive government of Canada can be put on a right footing, that means will be found within the province of remedying all minor grievances. They are disposed, nevertheless, that the prayer of the lower Canadians for permission to appoint an agent in the same manner as agents are appointed by other colonies which possess local legislatures, should be granted; and that a similar privilege should be extended to Upper Canada, if that colony should desire it. At an early period of their investigation, your committee perceived that their attention must be directed to two distinct branches of enquiry:— 1st, To what degree the embarrassments and discontents which have long prevailed in the Canadas, had arisen from defects in the system of laws and the constitutions established in these colonies. 2nd,-How far these evils are to be attributed to the manner in which the existing system has been administered. Your committee have clearly expressed their opinion that serious defects were to be found in that system, and have ventured to suggest sev. cral alterations that have appeared to them to be necessary and convenient. They also fully admit, that from these as well as from other circumstances, the task of government in these colonies (and especially in the Lower Province) has not been an easy one; but they feel it their duty to express their opinion that it is to the second of the causes alluded to, that these embarrassments and discontents are in a great measure to be traced. They are most anxious to record their complete conviction that neither the suggestions they have presumed to make, nor any other improvements in the laws and constitutions of the Canadas will be attended with the desired effect, unless an impartial, conciliatory and constitutional system of government be observed in these loyal and important colonies. CVII NEILSON'S RESOLUTIONS, HOUSE OF ASSEMBLY, LOWER CANADA1 [Trans. Christie, op. cit.] 6th December, 1828. 1. Resolved,-That it is the opinion of this committee, that this house has derived the greatest satisfaction from the gracious expression of his Majesty's beneficent views towards this province, and from the earnest desire of his excellency the administrator of the Government, to promote the peace, welfare and good government of the province, as cvinced in his excellency's message of Friday last. 2. Resolved, That it is the opinion of this committee, that this house has, nevertheless, observed with great concern, that it may be inferred from the expression of that part of the said message which relates to the appropriation of the revenue, that the pretension put forth at the commencement of the late administration, to the disposal of a large portion of the revenue of this province, may be persisted in. 3. Resolved, That it is the opinion of this committee, that under no circumstances, and upon no consideration whatsoever, ought the house to abandon or in any way compromise, its inherent and constitutional light, as a branch of the provincial parliament, representing his Majesty's subjects in this colony, to superintend and controul the receipt and expenditure of the whole public revenue arising within this province. 4. Resolved,-That it is the opinion of this committee, that any legislative enactment in this matter by the parliament of the United Kingdom, in which his Majesty's subjects in this province are not and cannot be represented, unless it were for the repeal of such British statutes or any part of British statutes, as may be held by his Majesty's government to militate against the constitutional right of the subject in this colony, could in no way tend to a settlement of the affairs of the province. 5. Resolved,-That it is the opinion of this committee, that no interference of the British legislature with the established constitution and laws of this province, excepting on such points as from the relation between the mother country and the Canadas, can only be disposed of by the paramount authority of the British parliament, can in any way tend to the final adjustment of any difficulties or misunderstandings which may exist in this province, but rather to aggravate and perpetuate them. 6. Resolved, That it is the opinion of this committee, that in order to meet the difficulties of the ensuing year, and to second the gracious intentions of his Majesty for the permanent settlement of the financial concerns of the province, with due regard to the interests and efficiency 1 These Resolutions were the Assembly's reply to a conciliatory speech from Sir James Kempt, based on the Report of the Committee of 1828. (See Christie, III, pp. 224 ff.) of his government, this house will most respectfully consider any estimate for the necessary expenses of the civil government for the ensuing year, which may be laid before it, confidently trusting that in any such estimate a due regard will be had to that economy which, the present circumstances of the country and its wants require. 7. Resolved, That it is the opinion of this committee, that on the permanent settlement before mentioned being effected with the consent of this house, it will be expedient to render the governor, lieutenantgovernor, or person administering the government for the time being, and the judges and executive councillors independent of the annual vote of the house, to the extent of their present salaries. 8. Resolved, That it is the opinion of this committee, that although this house feels most grateful for the increased security against the illegal application of the public money, which must result from his Majesty's government referring all persons who may have been concerned in such application, to an act of indemnity to be consented to by this house, it will be inexpedient to consent to any such enactment till the full extent and character of such illegal applications may have been fully enquired into and considered. 9. Resolved, That it is the opinion of this committee, that this house feels the most sincere gratitude for his Majesty's solicitude to effect the most perfect security against the recurrence of abuses on the part of persons entrusted with the public monies in this province. 10. Resolved,-That it is the opinion of this committee, that this house has not complained, nor have any complaints been made known to it, respecting the arbitration for the distribution between the provinces of Upper and Lower Canada, of the duties collected in Lower Canada; but that in this, as in every other respect, this house will most cheerfully co-operate in every equitable and constitutional measure which may be submitted to it, as desirable by the inhabitants of Upper Canada. 11. Resolved,-That it is the opinion of this committee, that this house has seen with sentiments of the highest satisfaction and gratitude, the declaration of the willingness of his Majesty's government cheerfully to accede to the desires which the assembly has so frequently expressed during the last twenty years, of having an agent in England, to indicate the wishes of the inhabitants of Lower Canada; and that it is expedient to provide for such an appointment without delay. 12. Resolved,-That it is the opinion of this committee, that so soon as the scheme in contemplation of his Majesty's government for the permanent settlement of the financial concerns of the province shall have been made known and considered, it may be expedient to provide some adequate indemnity to such persons as were placed on the civil establishment of this province, with salaries prior to the year one thousand eight hundred and eighteen, and whose offices may have been found to be unnecessary or require to be abolished. 13. Resolved,-That it is the opinion of this committee, that this house will cheerfully concur in any measure which may appear most likely to be successful in effectually removing the great inconvenience which has been sustained from the non-performance of the duties of settlement by grantees or holders of land obtained from the crown, and otherwise remove the obstructions to the settlement of the country, which may have resulted or may hereafter result from the manner in which the powers and superintendence of the crown in this most essential particular as affecting the general prosperity of the province, may have been exercised. 14. Resolved,-That it is the opinion of this committee, that it is the desire of this house to take as speedy as possible every means in its power, that the inhabitants of the townships, upon a subdivision of the counties in which they are situated by act of the provincial parliament, shall have a full and equitable representation in this house, of persons of their own free choice, and that the house will cheerfully concur in every measure particularly interesting to the townships, which may appear to be the most desirable to their inhabitants, and the most conducive to the general welfare. 15. Resolved, That it is the opinion of this committee, that this house is fully sensible of the distinguished mark of confidence reposed in the loyalty and attachment hitherto evinced by his Majesty's Canadian subjects and their representatives in the provincial parliament, by his Majesty's declaration that he relies on them, for an amicable adjustment of the various questions which have been so long in dispute. 16. Resolved,-That it is the opinion of this committee, that amongst those questions not particularly mentioned on the present occasion, this house holds as most desirable to be adjusted and most essential to the future peace, welfare and good government of the province, viz.: The independence of the judges and their removal from the political business of the province. The responsibility and accountability of public officers. A greater independence of support from the public revenues, and more intimate connection with the interest of the colony, in the composition of the legislative council. The application of the late property of the Jesuits to the purposes of general education. The removal of all obstructions to the settlement of the country, particularly the crown and clergy reserves remaining unoccupied in the neighbourhood of roads and settlements, and exempt from the common burthens. And a diligent enquiry into and a ready redress of all grievances and abuses which may be found to exist or which may have been petitioned against by the subject in this province, thereby assuring to all the individual benefit of an impartial, conciliatory and constitutional government, and restoring a well-founded and reciprocal confidence between the governors and the governed. (Journal of the Assembly, 6th December, 1828.) CVIII THE CONSTITUTIONAL ACT AMENDMENT ACT, 1830 An Act to amend so much of an Act of the thirty-first year of his late 16th July, 1830. Whereas by an Act passed in the thirty-first year of the reign of his 31 Geo. III, late Majesty, King George the Third, intituled, "An Act to repeal certain cap. 31. parts of an Act passed in the fourteenth year of his Majesty's reign, intituled, 'An Act for making more effectual provision for the Government of Quebec in North America,' and to make further provision for the Government of the said Province," it is amongst other things enacted that no person shall be summoned to the Legislative Council in either of the Provinces of Upper Canada and Lower Canada who shall not be of the full age of twenty-one years, and a natural-born subject of his Majesty, or a subject of his Majesty naturalized by Act of the British Parliament, or a subject of his Majesty having become such by the conquest and cession of the Province of Canada; and it is thereby further provided that no person shall be capable of voting at any election of a member to serve in the Legislative Assembly in either of the said Provinces of Upper Canada or Lower Canada, or of being elected at any such election, who shall not be of the full age of twenty-one years, and a natural-born subject of his Majesty, or a subject of his Majesty's naturalized by an Act of the British Parliament, or a subject of his Majesty, having become such 1 See No. LV. W Persons naturalized may sit in Act of by the conquest and cession of the Province of Canada: And whereas it is expedient that persons naturalized by any Act of the Legislative Council and Assembly of the Province of Lower Canada assembled by his Majesty, his heirs, or successors should be enabled to be summoned to the Legislative Council of the said Province of Lower Canada, and of voting at the elections of members to serve in the Legislative Assembly of the said Province, or of being elected at any such election; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that all persons naAssembly of turalized by any Act of the Legislative Council and Assembly of the Lower Canada Province of Lower Canada, assented to by his Majesty, his heirs or sucand in Legislative Council. cessors, shall henceforth be and be deemed competent in the law to be summoned to the Legislative Council of the said Province of Lower Canada, and to vote at the elections of members to serve in the Legislative Assembly of the said Province, and to be elected at any such election. II. Provided nevertheless, and be it further enacted, that whenever any bill which has been passed by the Legislative Council and by the House of Assembly in the said Province of Lower Canada, for the naturalization of any persons or person, shall be presented for his Majesty's assent to the Governor or Lieutenant-Governor of the said Province, or to the person administering his Majesty's Government therein, such Governor or Lieutenant-Governor, or person administering the Government, shall and he is hereby required to reserve every such bill for the signification of his Majesty's pleasure thereon; and no such bill shall have any force or authority within the said Province of Lower Canada until the Governor or Lieutenant-Governor, or person administering the Government, shall signify, either by speech or message to the Legislative Council and Assembly of the said Province, or by proclamation, that such bill has been laid before his Majesty in Council, and that his Majesty has been pleased to assent to the same; and no such bill shall have any force or authority within the said Province unless his Majesty's assent thereto shall have been so signified as aforesaid within the space of two years from the day on which such bill shall have been presented for his Majesty's assent to the Governor, Lieutenant-Governor, or person administering the Government. not to have force or authority unless His Majesty's assent be signified to the same. CIX PETITION FROM HOUSE OF ASSEMBLY, LOWER CANADA [Trans. Christie, op. cit.] May it please your Majesty. We your Majesty's dutiful and loyal subjects the commons of the province of Lower Canada, in provincial parliament assembled, confiding in the sentiments of justice and liberality which actuate your Majesty, humbly submit for your royal consideration : That notwithstanding the progress that has been made in the education of the people of this province, under the encouragement afforded by the recent acts of the legislature, the effect of the impediments opposed to its general dissemination by the diversion of the revenues of the jesuits' estates, originally destined for this purpose, the withholding of promised grants of land for schools, in 1801, and the rejection in the legislative council of various bills in favor of education, are still severely felt throughout the province, and materially retard its prosperity. That the management of the waste lands of the crown has been vicious and improvident, and still impedes the settlement of these lands, by delays, expenses and difficulties, opposed to their easy and secure occupation by all persons without distinction, who may be disposed to become actual settlers thereon, and apply themselves to this branch of industry, so preeminently beneficial for the general prosperity of new countries. |