the prejudice of the Governor, and to increase his own influence in the Province. With respect to the motion before the Chair, his Excellency could not reply to it without the implication of pledging himself as regarded the future patronage of the Crown. If it passed, it would bring the House into direct collision with the Governor, and cause a dissolution of Parliament and a general election, which would throw the whole country into a state of excitement and ferment, productive of much harm, particularly in Lower Canada. Sir Charles Bagot had elevated the much-abused French Canadians, and had afforded them a fair share in the general government of the country. And this unanimity and peace was now likely to be endangered, because Her Majesty's late Attorney-General West in the Province had not succeeded in making his Excellency the Governor-General agree with him in his theories about Responsible Government; there was no other reason on earth. He (the late Attorney-General West) owed his late position to the French Canadians, who had felt themselves bound by political honour to give him a share in the Administration, in which he only occupied a second-rate position, for at the time it was formed he could only command five, or at the most six votes. In Lower Canada, beyond the great cities little was known about Responsible Government, but its people had confidence in that Government in which they saw one of their own people occupying the high station of Her Majesty's Attorney-General East. Could any one suppose that Sir Charles Metcalfe's policy differed from the just and humane policy adopted by Sir Charles Bagot? The Governor-General would have deserved impeachment had he surrendered the rights of the Crown into the hands of his late advisers. Suppose that the Imperial authority supported him in the stand he had taken in defence of the royal prerogative, in what situation would they be placed? Were they (the people of this colony) prepared to appeal to the ultima ratio? Let them ponder well on this. Did they imagine for a

moment that Sir Charles Metcalfe, who had passed forty years of political life without blame or reproach, would recede from the position he had taken? Because his Excellency would not subscribe to the member for Rimouski's theories, they (the Assembly) were likely not only to be brought into collision with the Governor-General, but also with the Imperial authorities, and the whole country was likely to be convulsed with the turmoils of a general election.

Many able speeches followed, and several other amendments were moved. Mr. Lafontaine thought it necessary to offer some further explanations. He had not, he said, been anxious to take office, and when the appointment he had lately held was offered to him his opinions with respect to Responsible Government had been well known. To carry on any Government satisfactorily it was necessary for its Ministers not only to have the confidence of the House, and through it of the people, but also of the Head of the Government. If they were to have Responsible Government, let them have it; if not, let it be repealed; but he, Mr. Lafontaine, would never allow himself to be placed in a position in which he might be liable to the accusation of deceiving the House, the country, and his friends. He looked upon the present state of affairs as resulting from secret advisers about his Excellency's person.

The debate was prolonged far into the night. One of the most eloquent speeches of the session was made by the ex-SolicitorGeneral East, Mr. Aylwin; but as it did not throw any additional light upon the constitutional question, its insertion in these pages is deemed unnecessary. The several amendments having been voted down, the vote was finally taken on the original motion, which was carried by forty-six to twenty-three.* Mr. Boulton then moved

* The following is the division list:

YEAS.-Messrs. Armstrong, Aylwin, Baldwin, Barthe, Berthelot, Boswell, Boulton, Boutillier, Beaubien, Cameron, Chabot, Child, Christie, Crane, Derbishire, DeWitt, Dunn, Durand, Gilchrist, Harrison, Hincks, Hopkins, Jobin, Lacoste, Lafontaine, Leslie

that the following additional clause be added to the resolution adopted:

"That this House, in dutiful submission to their Gracious Sovereign, and with the utmost respect for the exalted station and high character of his Excellency, is most anxious to guard against any misconstruction which possibly might be placed upon the affirmative declaration of their opinion upon this delicate and most vitally important constitutional question; and therefore most humbly beg leave to disclaim, in a negative form, any desire that the Head of the Government should be called upon to enter into any stipulation as to the terms upon which a Provincial Administration may deem it prudent either to accept of or continue in office: that mutual confidence, which is essential to the well being of any government, necessarily presumes that they are understood, while a due respect for the prerogative of the Crown, and a proper constitutional delicacy towards Her Majesty's Representative, forbid their being expressed."

The motion was seconded by Mr. Lafontaine, and, after considerable discussion, was carried by a vote of sixty to seven. An address to his Excellency, embodying the resolution and addition, was agreed to by the House, and ordered to be engrossed. Then, after one of the most momentous debates known to our Parliamentary history, the House adjourned.

Donald McDonald, John S. Macdonald, Merritt, Moore, Morin, Morris, Papineau, Parke, Powell, Price, Prince, Quesnel, Small, Harmanus Smith, Steele, Taché, Thompson, Thorburn, Turcotte, and Louis M. Viger-46.

NAYS.-Messrs. Black, Cartwright, Chesley, Dunlop, Forbes, Foster, Hale, Hamilton, Johnston, Sir A. N. MacNab, McLean, Murney, Neilson, Noel, Roblin, Simpson, Henry Smith, George Sherwood, Stewart, Denis B. Viger, Wakefield, Williams, and Woods-23. Fourteen members were absent, namely, Messrs. Cook, Daly, Duggan, Franchère, Holmes, Jones, Judah, Killaly (resigned), McCulloch, Ogden, H. Sherwood, Taschereau, Turgeon, and Watts. The other member required to make up the full membership of eighty-four was Mr. Cuvillier, the Speaker.

CHAPTER XVII.

CHAOS.

"For nine months Sir C. Metcalfe has kept the chief offices of the Government vacant -it being actually more dangerous to fill them with men holding his opinions than to keep them vacant-and he has substituted his own inefficient, though certainly mild dictatorship, for that system of Responsible Government which the people of Canada had hoped, upon the restoration of a Constitution, to see established among them. He has engaged the people in a discussion upon the principles of Government, in which the experience of the neighbouring States cannot be disregarded; he has violated all settled opinions; and, perhaps unintentionally, has most seriously checked the improvement of the Province."-A Brief Statement of the Dispute between Sir C. Metcalfe and the House of Assembly of the Province of Canada. London, 1844.

HE country was left without a Ministry. Mr. Daly, the sole remaining ministerial official, was not seen in his place, ill health being the reason assigned for his abFrom day to day, and almost from hour to

sence.

*

hour, the Governor continued his conferences with various members of Parliament. The contest was no longer confined to himself and his Ministers merely, but was between himself and the Assembly. The final outcome of such a struggle could not be doubtful, but meanwhile the business of the country was impeded. A few days after the vote on Mr. Price's motion, Mr. D. B. Viger announced to the Assembly that the Governor had authorized him to say that his Excellency was engaged

* "The honourable member for Megantic has not shown up lately in his place on the Treasury Benches, having wisely fallen sick to avoid the badgering he would otherwise have been subject to, as the only representative of the Government in the House of Assembly."-Montreal Herald's report of the Parliamentary proceedings for Saturday, December 9th.

in forming an Administration. In reply to a question put to him by a member as to when the Governor expected to complete his undertaking, Mr. Viger replied that the Administration would be formed "as soon as possible." On the 9th of the month Parliament was prorogued, no Ministry having then been formed. Dominick Daly was the Ministry, and the Ministry was Dominick Daly.

This state of things could not last, but the Governor's difficulties were most serious, and the ingenuity of his unofficial advisers was taxed to the utmost to provide a remedy. Portfolios were offered right and left, and, in the parlance of that day, office went a-begging. Aspirants to office were numerous enough, but it would have been folly to appoint persons who could not command popular support, and the only persons who could command such support were the ex-Ministers. The latter doubtless expected to be recalled, as there seemed to be no other means whereby public affairs could be carried on with due respect to the constitution. But the Governor was resolutely set against adopting such a course, and declared that rather than do so he would resign.* Resignation, indeed, would have been his wisest policy, but there was a via media. He might have preserved himself from even the appearance of submission to his ex-Ministers by giving carte blanche, say to Mr. Viger, who might have approached Mr. Lafontaine and Mr. Baldwin with a reasonable certainty of being able to bring about an accommodation. But the Governor's foible about degrading the prerogative stood as an insuperable barrier in the way, and the outlook was far from hopeful.

On the 12th, three days after the prorogation, Mr. Daly was reinforced and kept in countenance by the swearing-in of two new Executive Councillors, in the persons of Mr. Viger and Mr. Draper.+

*See Sir Allan MacNab's address to the Hamilton electors during the campaign of 1844.

+"Mr. Viger representing the French party, and both Mr. Daly and Mr. Draper representing in some degree as to each both the British and moderate Reform parties.”—Sir C.