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prosperous-that the ties which bind them to the parent state should be strengthened that their administration should be conducted in accordance with the wishes of the people, is the ardent desire of every British statesman-and the experience of the last few years amply testifies that the Imperial Parliament has been sparing neither of the time it has devoted to the investigation of their affairs, nor of the expenditure it has sanctioned for their protection.

The events which have marked the recent history of Lower Canada, are so familiar to the House of Assembly, that it is unneccssary for the Governor General further to allude to them. There, the constitution is suspended, but the powers of the Government are inadequate to permit of the enactment of such permanent laws as are required for the benefit of the people.

Within this Province the finances are deranged-public improvements are suspended-private enterprise is checked-the tide of emigration so essential to the prosperity of the country and to the British connexion, has ceased to flow-while by many, the general system of Government is declared to be unsatisfactory.

After the most attentive and anxious consideration of the state of these Provinces, and the difficulties under which they respectively labour, Her Majestys' advisers came to the conclusion, that by their re-union alone could those difficulties be removed. During the last session of the Imperial Legislature they indeed refrained from pressing immediate legislation, but their hesitation proceeded from no doubt as to the measure or its necessity. It arose solely to ascertain more fully the opinions of the Legislature of Upper Canada, and to collect information from which the details might be rendered more satisfactory to the people of both Provinces.

The time then is now arrived beyond which a settlement cannot be postponed. In Lower Canada it is indispensable to afford a safe and practicable return to a constitutional government, and so far as the feelings of the inhabitants can be there ascertained, the measure of the re-union meets with approbation.

In Upper Canada it is no less necessary, to enable the Province to meet her financial embarrassments, and to proceed in the development of her natural resources. There are evidently no means in this Province of fulfilling the pecuniary obligations which have been contracted, but by a great increase in the local revenues. But so long as Lower Canada remains under her present form of Government, neither Province possesses any power over the only source from which that increase can be drawn. Nor even, were it possible to restore a representative constitution to Lower Canada, unaccompanied by the union, would the position of this Province be much improved; since past experience has shown the difficulty of procuring assent to any alteration of the customs laws suggested from hence.

This Province has engaged in undertakings, which reflect the highest honour on the enterprise and industry of her inhabitants. The public works which she has completed or commenced, have been conceived in a spirit worthy of a successful result. But additional means are indispensable to avert the ruin of some, and secure the completion of others. Nor will that alone suffice; Lower Canada holds the key to all those improvements. Without her co-operation, the navigation for which nature has done so much and for which this Province has so deeply burthened itself, must remain incomplete, and a barrier be opposed to the development of those great natural resources which the hand of Providence has so lavishly bestowed on this country.

With a view to remove all those difficulties: to relieve the financial embarrassments of Upper Canada: to enable her to complete her public works and develop her agricultural capabilities: to restore constitutional government to Lower Canada: to establish a firm, impartial, and vigorous government for both; and to unite the people within them in one common feeling of attachment to British institutions and British connexion, the union is desired by Her Majesty's Government; and that measure alone, if based upon just principles, appears adequate to the occasion.

Those principles, in the opinion of Her Majesty's advisers, are, a just regard to the claims of either Province in adjusting the terms of the union -the maintenance of the three estates of the Provincial Legislature ;-the settlement of a permanent civil list for securing the independence of the judges and to the executive government that freedom of action which is necessary for the public good, and the establishment of a system of local government adapted to the wants of the people.

It was with great satisfaction then that Her Majesty's Government learnt that upon the question of the union itself the House of Assembly had pronounced their decided judgment during their last session; and it will only remain for the Governor General now to invite their assent to the terms upon which it is sought to be effected. Their decision was indeed accompanied by recommendations to which the government could not agree; but the Governor General entertains no doubt that, under the altered circumstances, they will no more be renewed. It will be for the Imperial Parliament, guided by their intimate knowledge of constitutional law, and, free from the bias of local feelings and interests, to arrange the details of the measure.

The first of the terms of re-union, to which the Governor General desires the assent of the House of Assembly, is equal representation of each Province in the united legislature. Considering the amount of the population of Lower Canada, this proposition might seem to place that Province in a less favourable position than Upper Canada; but, under the circumstances in which this Province is placed, with the increasing population to be expected from immigration, and having regard to the commercial and agricultural enterprise of its inhabitants, an equal apportionment of representation appears desirable.

The second stipulation to be made is the grant of a sufficient civil list. The propriety of rendering the judicial bench independent alike of the Executive and the Legislature, and of the furnishing the means of carrying on the indispensable services of the government admits of no question, and has been affirmed by the Parliament of Upper Canada in the acts passed by them for effecting those objects. In determining the amount of the civil list, the House of Assembly may be assured that the salaries and expenses to be paid from it will be calculated by Her Majesty's Government with a strict regard to economy and the state of the provincial finances.

Thirdly, the Governor General is prepared to recommend to Parliament, that so much of the existing debt of Upper Canada, as has been contracted for public works of a general nature, should, after the union, be charged on the joint revenue of the United Province. Adverting to the nature of the works for which this debt was contracted, and the advantage which must result from them to Lower Canada, it is not unjust that that Province should bear a proportion of their expenses.

On these principles, the Governor General is of opinion that a re-union of the two Provinces may be effected-equitable and satisfactory in its terms, and beneficial in its results to all classes. He submits them to the consideration of the House of Assembly, in the full conviction of their importance, and in the hope that they will receive the assent of that House. Fortified by the expression of their opinion, Her Majesty's Government and Parliament will be able at once to apply themselves to the full development of the scheme, and to the consideration of the provisions by which it may be carried into effect with the greatest advantage to the people of both Provinces.

If in the course of their proceedings, the House of Assembly should desire any information which it is in the power of the Governor General to afford, they will find him ready and anxious to communicate with them frankly and fully, and to aid, by all the means in his power, that settlement on which he firmly believes that the future prosperity and advancement of these Colonies mainly depend.

CXLVIII

POULETT THOMSON TO A FRIEND

[Trans. Scrope, op. cit.]

December 12th, 1839.

I am not a bit afraid of the responsible government cry. I have already done much to put it down in its inadmissible sense; namely, the demand that the council shall be responsible to the assembly, and that the governor shall take their advice, and be bound by it. In fact, this demand has been made much more for the people than by them. And I have not met with anyone who has not at once admitted the absurdity of claiming to put the council over the head of the governor. It is but fair, too, to say that every thing has in past times been done by the different governors to excite the feelings of the people on this question. First, the executive council has generally been composed of the persons most obnoxious to the majority of the assembly. And next, the governor has taken extreme care to make executive council. So the people have been carefully taught to believe that every act of his own go forth to the public on the responsibility of the the governor is nobody, and the executive council the real power, and that by the governor himself. At the same time they have seen that power placed in the hands of their opponents. Under such a system it is not to be wondered at if our argument founded on the responsibility of the governor to the home government falls to the ground. I have told the people plainly that, as I cannot get rid of my responsibility to the home government, I will place no responsibility on the council; that they are a council for the governor to consult, but no more. And I have yet met with no "responsible government" man who was not satisfied with the doctrine. In fact there is no other theory which has common sense. Either the governor is the sovereign or the minister. If the first, he may have ministers, but he cannot be responsible to the government at home, and all colonial government becomes impossible. He must therefore be the minister, in which case he cannot be under the control of men in the colony.

CXLIX

RESOLUTIONS OF LEGISLATIVE COUNCIL OF UPPER

CANADA1

[Trans. Imperial Blue Books relating to Canada, Vol. XII.]

:

December 14, 1839.

Resolved, 1-That the events which have lately marked the history of Lower Canada-the consequent necessity for a suspension of her constitution, and the inadequacy of the powers of Government existing there, for the enactment of permanent laws, such as are required for the benefit of the people, present a state of public affairs in the sister Province, deeply to be deplored by this house, as well from a disinterested anxiety for the welfare of a people so nearly connected with Upper Canada, as in consideration of the injurious consequences resulting to this community, from a continuance of the unsettled political condition of the Lower Province.

Resolved, 2-That the present derangement of the finances of Upper Canada-the total suspension of her public improvements-the paralyzed condition of private enterprise-the cessation of immigration, and the apparent impossibility of the removal of these evils, without the united efforts of both the Canadian Provinces-make the adoption of some great measure necessary, which will restore prosperity to the Canadas, and renew confidence at home and abroad in the stability of their political institutions.

1 These Resolutions were carried by a "large majority." They were sent to England with the document which follows in an explanatory despatch from Thomson.

Resolved, 3-That considering the hopelessness arising from past experience, and from a view of the political condition of Lower Canada, of ever realizing, in separate legislatures, the unity of feeling or action in measurs effecting equally the interests of both provinces, on which the prosperity or safety of either may essentially depend, a re-union of the Provinces of Upper and Lower Canada has, in the opinion of this house, become indispensable for the restoration of good government within these colonies, and for the preservation of their institutions in connexion with the parent state.

Resolved, 4-That for these urgent reasons, the assent of this house be expressed to the enactment of the important measure of re-union of the Provinces of Upper and Lower Canada, recommended by Her Majesty to both Houses of Parliament, and to the houses of the Provincial Legislature by His Excellency the Governor General; and that such assent, on the part of this house, be given on the following terms:

First-That there be an equal representation of each Province in the United Legislature.

Secondly-That a sufficient permanent civil list be granted to Her Majesty, to enable Her Majesty to render the judicial bench independent alike of executive power and popular influence, and to carry on the indispensable services of government.

Thirdly-That the public debt of this Province, contracted for public works of a general nature, shall, after the union, be charged on the joint revenue of the united Province.

Resolved, 5-That in yielding this ready concurrence to the measure of the re-union of the provinces, strongly recommended by Her Majesty, the Legislative Council of Upper Canada rely upon the wisdom and justice of their most gracious Sovereign, and of Her Majesty's Parliament, for devising the details of the plan of re-union, and for the establishment of such a system of government in the united Province, as will tend to the develop ment of its natural resources, and enable it, with the blessing of Divine Providence to pursue steadily, and free from distractions by which the country has lately been divided, the course of prosperity and happiness, which the best interests of the people of Canada, and of the empire, alike require not to be longer impeded.

CL

RESOLUTIONS OF THE HOUSE OF ASSEMBLY OF UPPER

CANADA

[Trans.: Imperial Blue Books relating to Canada, Vol. XII.]
December 23rd, 1838.

Resolved-That the House Assembly, at its last session, declared that, in their opinion, a United Legislature for the Canadas, on certain terms, was indispensable, and that further delay must prove ruinous to their best interests, and that His Excellency the Governor General, by his message to this house, has announced, that with a view to remove the difficulties of these Provinces, to relieve the financial embarrassments of Upper Canada, to enable her to complete her public works, and develop her agricultural capabilities, to restore constitutional government to Lower Canada, to establish a firm, impartial, and vigorous government for both, and to unite the people within them in one common feeling of attachment to British institutions and British connexion; the legislative union of Upper and Lower Canada has been recommended by Her Majesty to the Imperial Parliament; and His Excellency the Governor General has invited the assent of this house to certain specified terms, upon which the union may be established. It, therefore, becomes the duty of the representatives of the people of this Province carefully to consider the provisions by which this measure may be carried into effect, with the greatest security to their future peace,

welfare and good government, and the permanent connexion of these Colonies with the British empire.

Resolved, That this house concur in the proposition that there be an equal representation of each province in the United Legislature.

Resolved, That this house concur in the proposition, that a sufficient civil list be granted to Her Majesty, for securing the independence of the judges and to the Executive Government that freedom of action which is ncessary for the public good. The grant for the person administering the Government, and for the Judges of the several Superior Courts to be permanent, and for the officers conducting the other departments of the public service, to be for the life of the sovereign, and for a period of not less than ten years.

Resolved, That the public debt of this Province shall after the union, be charged on the joint revenue of the United Province.

CLI

ADDRESS FROM THE HOUSE OF ASSEMBLY OF UPPER

CANADA1

[Trans. Imperial Blue Books relating to Canada, Vol. XII.]

Most Gracious Sovereign:

January 13, 1840.

We your Majesty's most dutiful and loyal subjects the Commons of Upper Canada, in Provincial Parliament assembled, beg permission to approach your Majesty with renewed expression of our unwavering attachment to your Majesty's royal person and government.

During the present session of your Provincial Parliament, a subject more important than any that has ever engaged the attention of the representatives of the people, has been brought under their consideration in pursuance of the commands of your Majesty, by your Majesty's Governor General of these Provinces, namely, the legislative re-union of Upper and Lower Canada. In the message of His Excellency to the two branches of the legislature, they are informed that "after the most attentive and anxious consideration of the state of these Provinces, and of the difficulties under which they respectively labour, your Majesty's advisers came to the conclusion that by their re-union alone could these difficulties be removed: that during the last session of the Imperial Legislature they refrained from pressing immediate legislation, but their hesitation proceeded from no doubt as to the principle of the measure, or its necessity; it arose solely from the desire to ascertain more fully the opinions of the legislature of Upper Canada, and to collect information from which the details might be rendered more satisfactory to the people of both Provinces."

The House of Assembly deeply feel this additional proof of your Majesty's solicitude for their happiness and prosperity; and it will ever be held by them in grateful remembrance.

In pursuance of the message referred to, the House of Assembly lost no time in taking into consideration three distinct propositions submitted by your Majesty's Governor General as the basis on which the re-union might be established, namely: First-equal representation of each Province in the United Legislature: Secondly-the grant of a sufficient civil list; and thirdly-that the public debt of this Province be charged on the joint revenue of the United Province.

In the discussion of these propositions, it happened that some of the members of this house apprehending the greatest danger to our civil and political institutions, and even to our connexion with the parent state, were

1 This Address_was_sent to England by Thomson in a covering despatch dated 18 January, 1840. The Governor-General explained that it was to be interpreted rather "as some suggestions" and not as overriding the consent already given to the union of the Provinces.

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