Documents of the Canadian Constitution, 1759-1915

XCIX. Petition from Kingston, etc., for Union

335

Approves of the proposed terms in the Act (No.

LXXXIX.). Commercial reasons are strong in sup-

port of union.

C. Petition from Wentworth against Union

Objects to the destruction of the present Constitu-

tion, especially "without our consent or even our

knowledge, and without any misconduct on our part

amounting to a forfeiture." If the qualifications for
membership of the United Assembly are raised as
proposed, many counties will have no candidate to put
forward and will be represented by someone owning
waste land. Objects to permanent Civil List.

CI. Dalhousie's Speech proroguing the Legislature of Lower

Canada, March 9, 1824

Cannot accept the claim of the House of Assembly

to appropriate the whole revenue of the Province.

CII. Bathurst to Burton, June 4, 1825

The Crown can never consent to compromise the

"permanent revenue” by placing it under the control

CIII. Resolutions of the Assembly of Lower Canada, 1826

The Resolutions are selected to illustrated the House's

opposition "to the exclusive application of any part

of the public revenue to particular services" without

its consent. "To the Legislature alone appertains the

right of distributing all monies levied in the Colo-

nies."

CIV. Dalhousie's Speech proroguing the Legislature of Lower

Canada, 1827

340

341

"I have seen in this session a positive assumption of

executive authority instead of that of legislative,

which last is alone your share in the constitution of

the state."

CV. Colonial Secretary Huskisson's Speech on Canadian

Affairs, 1828

343

CVI. Report of the Select Committee on the Government of

Canada, 1828

The future platform of Lower Canadian Reformers.

No definite means proposed for carrying out reforms.

CVII. Neilson's Resolutions, House of Assembly, Lower Can-

ada, 1828

The earliest public reception in Lower Canada of No.
CVI.

CVIII. Constitutional Act Amendment Act (11 George IV and 1

William IV. c. 53), 1830

Making provisions for naturalized persons sitting in

House of Assembly of Lower Canada.

CIX. Petition from Lower Canadian Assembly

Petitions for the redress of grievances in connexion

with waste lands, judiciary, appropriation of supply,

etc.

CX. Canadian Revenue Control Act (1 & 2 William IV.
c. 23), 1831

Amends No. XXVI.

CXI. Petition from Lower Canadian Assembly, 1833

Petitions for the remodelling of the Legislative Coun-

cil on an elective basis.

CXII. Address of the Legislative Council of Lower Canada,

1833

A reply to CXI. The suggested alterations "would

bring into collision the people of Upper and Lower

Canada, and drench the country with blood."

CXIII. Aylmer to House of Assembly of Lower Canada,

January 14, 1834

Communicates the official acknowledgment from the

Colonial Department of No. CXI. Colonial Depart-

ment resents suggested reform of the Legislative

Council, If any reforms are to be considered, the

Colonial Department will suggest such to the Imperial

Government as may not be to the liking of the House

356

CXIV. The Ninety-Two Resolutions of 1834

The "Grand Remonstrance" of Papineau and his fol-

lowers. Claims, inter alia, the right of the Assembly

to control all expenditure; asks for an elected Legis-

lative Council; attacks the irresponsibility of the

Executive, most emphatically that controlled by Lord

Aylmer, whose impeachment is demanded; threatens

a breach of the relations with the Mother Country.

CXV. Declaration of the Constitutional Association of Quebec,

1834

A reply to No. CXIV. on the part of the Moderate

Reformers of Lower Canada. Extremes are rejected,

but an outline of reform is given which would include

better representation for the English speaking inhabit-

ants, a more efficient legal system and Executive

Council. Loyalty to British connexion emphasized.

CXVI. An Address by the Constitutionalists of Montreal to

Men of British or Irish Origin, 1834.

Page

An attempt to rally the Provinces of British North
America to at least the moral support of the Constitu-
tionalists in Lower Canada. A long account of griev-
ances under which the English speaking inhabitants
of that Province suffer. Colonial Office government
too subject to party fluctuations to command respect.

CXVII. Aberdeen to Aylmer, February 11, 1835

The Government has always been prepared to grant

fullest consideration to Canadian affairs. In further-

ance of this, they are sending Lord Gosford, etc., to

make as full investigation as possible. Aylmer is judi-

ciously praised.

CXVIII. Glenelg to Gosford, July 17, 1835

Long instructions embodying what was called the "full

platform of conciliation." The King is prepared to

surrender all his Crown revenues in return for a Civil

List; the independence of the judges; the continuance

of existing pensions; an independent management of

the waste lands. Tenures will be reformed at the

request of the Legislature of Lower Canada. The

question of an elected Legislative Council can only

be approached with care. Little hope held out for

change. No opportunity for a public convention to

ascertain the mind of the people must be given. If any

changes in representation to the Assembly are neces-

sary they may come best from the Lower Canadian

Legislature. The recommendations of the Committee

of 1828 (No. CVI.) are to form the foundation of
all changes.

CXIX. Glenelg to Head, December 5, 1835

Official direction to Head as to his method of dealing

with the Seventh Report on Grievances of the Upper

Canadian Assembly.

399

412

CXX. Petitions from House of Assembly, Lower Canada, 1836. 421

Papineau's final position on the eve of the Rebellion.

The earliest reference in clear terms to a responsible

Page

Executive. Resents that the idea of an elected Legis-

lative Council should practically be closed by the In-

structions to Gosford. The Colonial Secretary cannot

dictate to the House of Assembly what it will discuss.

Cannot recede from previous petitions. Regrets that

Government should depend solely on a Colonial Min-

ister uninstructed in Canadian affairs and at such a

distance from them that he cannot obtain accurate

information.

CXXI. Resolutions of Lower Canadian Assembly, 1836

Embody previous petitions. Inter alia, aim of reform

is "to render the Executive Council of this Province

directly responsible to the representatives of the people

in conformity with the principles and practice of the

British Constitution as they obtain in the United

Kingdom."

CXXII. Address to the Inhabitants of British North America,
1836

This document belongs to the same family as Nos.
CXV. and CXVI. Traces the history of French
"aggression." Suggests the calling of a representative
congress of all the British North American Colonies
in order to present a united front. Suggests and out-
lines those reforms which the British in Lower Canada
think necessary.

CXXIII. Glenelg to Gosford, June 7, 1836

Regrets that the Lower Canadian Assembly should

judge Gosford's Instructions (No. CXVIII.) from

garbled extracts. Orders Gosford to communicate to

the Assembly a complete copy of them.

CXXIV. The Ten Resolutions of 1837

Passed in the Imperial Parliament as an outcome of

Gosford's reports on Canadian affairs. Inter alia, the

Legislative Council of Lower Canada cannot be made

elective, but it may be made more efficient and popu-

lar; it cannot, however, be made subject to the respon-

sibility demanded by the Assembly.

CXXV. Gosford's Speech to the Lower Canadian Legislature,

August, 1837

Submits an outline of The Ten Resolutions, (No.

CXXIV.).

CXXVI. Address of Lower Canadian Assembly, August, 1837

The Reply to No. CXXV. The "lie direct" to the

"unbridled and uncontrolled sway of the Colonial Min-

isters in Downing Street." Challenges the position

and legality of_the_Commission on whose recom-

mendations The Ten Resolutions (No. CXXIV.) were

passed. The policy can only retain Lower Canada by

"physical and material force." To the request for

supplies the Assembly "would not be justified in

placing in the hands of hostile powers the means of

aggravating and perpetuating evils." Confidence can

only be re-established by an elective Council and re-

sponsible government.

427

CXXVII. Address from Montreal Constitutional Association to
the Sister Provinces, December 13, 1837

This document belongs to the same family as No.
CXXII., etc. Lays all trouble at the door of the ignor-
ant and the easily led peasantry. The struggle is en-
tirely racial.

Page

CXXVIII. An Act to make Temporary Provision for the Govern-
ment of Lower Canada (1 & 2 Victoria, c. 9), February
10, 1838

CXXIX. Report of the Select Committee of Upper Canadian

Assembly on the State of the Provinces, February 8,

1838

Suggests a Legislative Union, on a federal basis, of all

the North American Colonies, and a declaration in

due and solemn form of the Queen's sovereignty over

them; the changing of the title "Governor" to that of

"Viceroy," and the holding of the office by one of the

Royal Dukes. Discusses the idea of the union of the

Provinces. Only the favour given to such a proposal

by the British in Lower Canada warrants the con-

sideration of a suggestion unpalatable to Upper Can-

ada. If union be the Imperial project, it can only be

accepted by ensuring British ascendancy in both

branches of the Legislature. Montreal ought to be

annexed to Upper Canada. It is palpably unjust to

leave that Province without a port. Suggests the

representation of the American Colonies in the Im-

perial Parliament. Criticises severely the Colonial

Office and suggests a permanent board in London for

Colonial affairs with representatives from the Colo-

nies.

CXXX. Durham to Glenelg, August 9, 1838

Discusses the racial animosities in Lower Canada, the
attitude of the United States to the Province; the
sympathies of the Americans. Analyses the state of
mind of the British in Lower Canada.

CXXXI. The Indemnity Act (1 & 2 Victoria, c. 112), 1838
CXXXII. Durham to Glenelg, October 16, 1838

His resignation. Considers possible effects of it.

CXXXIII. Durham to Glenelg, October 20, 1838