tions, but without practical and local knowledge, to be discordant with the true interests of the province and even to hurt those interests in essential points.

We therefore presume humbly to represent that, in case your Majesty should be convinced of the difficulties that have been exposed, there would be the certain means of preventing them, by placing the people of the country in general, in a situation to express their opinion, and to recommend proper modifications through delegates freely and indiscriminately chosen for that purpose by all classes, and out of all classes of the community, so as to be in harmony with the interests of the province, and with those of his Majesty's government, which cannot be separated from each other. Such a body', constituted in virtue of an act of parliament of the United Kingdom, to whom they would have afterwards to make a report of their labours, would, whilst it could be no disparagement to the supreme authority of the empire, be in unison with the numerous examples in the free institutions of this continent, with respect to which it has often been declared that England desired to leave nothing to be wished for by the inhabitants of these colonies.

A general assembly of this kind, would prove to be a faithful interpreter of all the interests of the colony taken collectively, including those which it was the intention to be caused to be represented by the legislative council, and those which that body claim to represent. Those interests would in effect possess therein, all their weight and all their legitimate influence; unless, indeed, whilst the executive branch of the colonial govcrnment represents the interests of the metropolitan state, there ought to be also another constituted branch out of the country, and compounded of elements without any affinity with the varied interests and feelings of those who inhabit it.

In case your Majesty should not consider it proper at this time to adopt such a measure, we will not take upon ourselves, in stating the result of our deliberations, to determine whether the entire abolition of the present legislative council of this province, and the assimilation of its government to that of several of the adjacent colonies, would tend to cause peace and harmony to be re-established in the conduct of affairs. The people of the country, if they had an opportunity of being legally constituted for that purpose, would be the best judges to decide this weighty question. We therefore proceed upon the supposition that an intermediate legislative branch may, in certain cases, produce more maturity in the deliberation and examination of bills, than if only one body were called upon to assent to them; at the same time, circumstances of rare occurence might happen in which the popular representations might, for the moment, contravene the interests of the body of their constituents, and that those interests might be cherished in the second branch, and guarded, until the wishes of the people were more fully expressed, either by more decided representations or by the means of new elections.

The second branch as actually in existence, in no way connected, in the majority of its members, with the superior and permanent interests of the country, is not adapted to fulfil that end; and even putting the case, of which as yet there has been no example, that a provincial administration were to send to it a majority of men of opposite principles, the following administration, or perhaps the same, might very soon hasten to recompose the body in such a way as to ensure its approbation of their measures.

The habits, the climate, the newness of the country, the changeability of fortunes, the division of estates, and the laws which facilitate it, are obstacles to the existence of a permanent aristocracy, so that an hereditary legislative body with the powers of the house of lords, would be simply an impossibility in Canada. Landed property being here almost wholly owned in small lots by the mass of the people, it would be impossible to make a choice so as to form a permanent legislative council, even supposing it to be a numerous one, of men who in their own persons would present The suggestion of a "Convention" was embodied in a resolution by the House of Assembly in January, 1833.

an essential portion of the existing means and capitals of the country; much more, they could not counterbalance in importance and in wealth any one single county in the province: and even supposing that such a body could be collected, the above mentioned circumstances would very soon bring it into decay. In fact, several persons heretofore called to the legislative council, and whom we may reckon then possessed a large and permanent interest in the country, have since found themselves entirely destitute of fortune.

As to the idea of perforce creating an aristocracy through the medium of law, either by endeavouring to establish upon a system of substitutions (entails) or otherwise, a state of things, which the moral and physical circumstances in which the country is placed, forbid; or by making provision out of the public funds for legislators for life and without responsibility, it is one that is so contradictory to the known ideas of the constitution of England, as a practical model to go by, that your faithful and loyal subjects who now most respectfully address your Majesty, do not think it necessary to dwell upon it.

A pecuniary qualification required in the persons called to the council, if the choice of them be left to the executive, would not probably produce any perceptible change in the composition of the body, with relation to the nature of the various other portions of our colonial institutions. The appointments must in that case necessarily be made upon the recommendations of governors, who, being only transitorily in the country, and not having it in their power to become properly acquainted with the inhabitants of the country, until after a long residence, most frequently have recourse to irresponsible advisers in the colony. The persons who are qualified, being much fewer in number than those who would have to be chosen, the result would be that the worst would be chosen of those, and that the supposed qualification would only serve to legitimate the abuse, and to render its disappearance more difficult. Then, although each of those who were called to the legislative council might be capable of having a seat there, the majority would collectively have been chosen in an exclusive sense, and from amongst such as had the fewest relations of interest and feelings of the people. We should see as we have in times past, this body, far from being attached to the country, and making part of it, representing only favoritism, monopolies, and privileges, and through its unconstitutional influence upon the march of public affairs, perpetuating that tendency of the men in power in the province, to oppose themselves to every measure demanded by the people, and creating and maintaining a separate interest and feelings of distrust and even hostility in the minority, instead of labouring in conjunction with the house of assembly, to unite all the inhabitants of the country by means of an uniformity of views and institutions, possessing the same confidence in your Majesty's government. The abuse here pointed out is, as we humble conceive, sufficiently exemplified in the present composition of the legislative council, the appointments made during the last few years have only in a small number, a relation with the mass of the people generally, whilst the majority has been such as we have supposed it would continue to be along with a pecuniary qualification.

There only remains, may it please your most gracious Majesty, the principle of election' to rest upon, as being capable in practice of presenting an analogy with the second branch of the legislature of the United Kingdom.

We entertain no doubt of the result of the adoption of this principle, if the election depended upon a numerous body of electors composed of the best ingredients and the best interests of the colony; and if the choice were confined to persons possessed of a certain easy degree of fortune, without, however, raising that qualification so high that such choice could only be made, in any case, but out of a small number of elegible persons. The best effects might be expected from a legislative body constituted upon those bases, if, whilst its principle of action was founded in the interests of your 1 A motion against the Legislative Council as at present constituted was passed in the House of Assembly, January, 1833, by 34 votes to 26.

Majesty's subjects in this province, as a general and common motive, it found itself in its formation and its proceedings independent of the popular assembly. It would undoubtedly be thus with the above qualifications, and with a different mode of renewal, so as to give more permanence to the body that is now in question.

It is upon these several considerations that we most respectfully submit the following details:

That an elective legislative council be established, chosen by landholders having a nett annual income of ten pounds in the country, and twenty pounds in cities, and who have been residents for at least one year within the circle wherein the election takes place.

The eligibility to be restricted to the subjects of your Majesty, having attained the age of at least thirty years, residents of the province, and having resided therein at least fifteen years, and possessing an annual freehold income arising from property situated within the province, of at least one hundred pounds for those elected for the county, and of at least two hundred pounds for those of the cities at Quebec and Montreal.

The duration of the body to be limited to six years; the renewal to be made by one-sixth part every year, it being to be determined during the first five years by lot which of the members chosen at the general election shall have to retire. When there shall happen to be any vacancies, those who succeed to them to be members only for the period which would have remained to their predecessors.

The number of members to be equal to that of the counties, cities, and divisions thereof, or other circles sending members to the house of assembly, with the exception of boroughs whose population does not amount to two thousand souls, who would only have to vote in the counties of which they make part. So that the number of councillors would be nearly half of that of members of the assembly.

The speaker or chairman of the body to be chosen by the members, subject to the approbation of your Majesty.

The judges to be ineligible, as well as the clergy.

The members of the present legislative council not to belong to the new council, except they are elected; yet, nevertheless, should your Majesty in your most gracious royal intention think proper to retain them therein, they should only be considered as supernumerary members, and would have to justify their qualifications in landed property, and resign their places of profit.

The legislative council not to be subject to dissolution.

The members not to accept, otherwise than by bill, places of profit or honor during good pleasure, excepting those of justice of the peace, and in the militia, nor become accountable for public money, nor receive any from the executive government, under whatever denomination, without subjecting themselves to a reelection.

The individuals who offer themselves as candidates, to make oath as to their qualifications; if the candidates are not present, three electors may make affirmation as to that qualification, to the best of their knowledge. The members elected shall, before they take their seats, take the same oath, and shall be bound to renew it at all times upon order of the body.

When it happens that members are elected at the same time both for the legislative council and for the assembly, they shall make choice of either one of the other of the houses, within a prescribed time.

We cannot close our present humble address to your Majesty, without expressing how much we should have desired to have received the particular statement of the views of your Majesty's government on this important subject, as announced by the right honorable lord viscount Goderich, your Majesty's principal secretary of state for the colonies, in his despatch of the 7th July, 1831, addressed to his excellency the governor in chief of this province, and that the same has not yet been communicated to us, so as to aid us in our endeavours to remedy an acknowledged and instant evil. Wherefore we, the faithful subjects of your Majesty, do most humbly pray that your Majesty will be pleased to take these our representations

into your gracious and favourable consideration, and grant such remedy therein as to your Majesty in your wisdom may seem proper.

And as well from inclination, as from a sense of duty, we shall not fail ever to pray for your Majesty's sacred person.

CXII

ADDRESS OF THE LEGISLATIVE COUNCIL OF LOWERCANADA, 18331

[Trans. Christie, op. cit.]

To the King's Most Excellent Majesty.

Most gracious Sovereign,-We your Majesty's dutiful and loyal subjects, the legislative council of Lower Canada, in provincial parliament assembled, having had under our serious consideration, the dangerous and unconstitutional proceedings adopted by the assembly, are impelled by a sense of duty to your Majesty, and your Majesty's faithful Canadian people, humbly to approach your Majesty's throne, with a representation of the alarming posture of the affairs of this province, and our earnest supplication for immediate and effectual relief.

From the invariable state of peace and prosperity to which we had attained under the constitution, bestowed upon us by your Majesty's royal father and the Imperial parliament, we are approaching to a state of anarchy and confusion-unceasing attempts are made to destroy the confidence which has hitherto subsisted between the subjects of your Majesty of different origin and language-the interests of agriculture and commerce and the wants of the people are neglected for the advancement of the cabals of party-your Majesty's representative is falsely charged with partiality and injustice in the exercise of the powers confided to him-your Majesty's officers, both civil and military, are deliberately libelled, as a combined faction, actuated by interest alone, to struggle for the support of a corrupt government, adverse to the rights and wishes of the people—and this unmerited abuse has, for years past, been as frequent within the walls of the assembly as without-nor can it be doubted that this system has been adopted and urged, with the wicked intention to degrade the local authorities in the eyes of the people, and thereby ultimately to render them powerless and inefficient for the support of your Majesty's government in this province.

Everything indicates a continuance, if not an increase of the evils which we have briefly enumerated-for while your Majesty's officers, and particularly the judges of your Majesty's courts of law, are accused and defamed, a competent tribunal within the colony, to which they might appeal for trial and vindication, is refused-whereby a timid, instead of a fearless and independent exercise of their functions is to be apprehended; and with a view to the completion of its designs, the assembly has ventured on the daring step of addressing your Majesty to render the legislative council elective.

The crisis at which we have arrived, is pregnant with consequences of the deepest interest to the happiness and welfare of your Majesty's subjects in this province, and at such a moment, it would be criminal in the legislative council, to withhold from your Majesty, the frank and candid avowal of its sentiments.

The efforts of the assembly have been obviously directed, for several years past, to the attainment of power and influence, at the expense of the crown, and in direct violation of the constitutional rights and privileges of the legislative council. In illustration of this, we respectfully advert to the persevering endeavours of that house to obtain the entire controu! and disposal of all the provincial revenue and income, refusing, at the same time, to make any adequate permanent provision for the expenses of the This Address is the Legislative Council's answer to the previous document.

civil government, and to provide for the independence of the judiciary,— to the conditions and instructions annexed to the votes of certain sums contained in the bill of supply, sent up during the present session, which strike at the existence of your Majesty's prerogative to appoint to all offices of honor or profit in the colony,-to the claim advanced by the assembly to preserve this extensive and important part of your Majesty's dominions, (in which there is room for millions of inhabitants) as a colony to be settled only by Canadians of French origin and descent, contrary to the just and manifest rights of your Majesty's native born subjects,-and lastly, in the attempt to induce your Majesty to adopt a measure which would destroy the equilibrium of the constitution, by substituting an elective council for the intermediate branch established by law. In reference to the pretension last noticed, we humbly entreat your Majesty's attention to the undeniable fact, that in proportion as your Majesty has graciously been pleased to increase the constitutional weight and efficiency of the legislative council, by the addition of members, unconnected with the local administration, and largely taken from the assembly itself, the efforts of that house for its entire abolition, have become more and more violent and daring.

That the constitution of government established in this province, under the act passed in the 31st year of the reign of his Majesty king George the third, chapter 31, has been efficacious in promoting the welfare and happiness of the inhabitants thereof, and in confirming their attachment to the British throne, are facts powerfully attested by the peaceable submission of the people to the laws, and the readiness with which they have on all occasions defended the province against foreign aggression, as well as by the petitions laid at the foot of the throne in the years 1814 and 1828, and the addresses, at those periods, of the assembly itself, in which they entreated his late Majesty and the Imperial parliament "to maintain the inhabitants of Canada in the full enjoyment of the constitution as established by law, without any change whatever."

It was in the year 1831, after the general election for the assembly, now in session, and when some grounds of complaint against the local administration were in course of being redressed by the interposition of the Imperial government, that a desire for a change in the constitution was first openly avowed in that body, and it is a matter of astonishment that a violent and reckless party in that house, should be able to induce a majority of its members into an attempt to destroy a form of government, under which your Majesty's Canadian people have enjoyed a state of peace, security and contentment, scarcely exceeded by any part of the world, and against which no considerable portion of the people have yet formally complained'.

While, therefore, the legislative council desire not to conceal from your Majesty, the actual state of the province, they are far from believing that the great body of the people yet participate in the views and wishes of the majority of the assembly, but in a community in which education has made so little progress, even the well-disposed, the happy, and contented, are too liable to be misled by the factious and designing.

The constitution enables your Majesty to uphold an independent branch of the legislature, by a judicious selection of the members chosen to compose it, and we venture, with all humility, to state to your Majesty, that a branch so chosen is essential to sustain your royal prerogative, to maintain the connection, which happily subsists between this colony and the mother country, and to give security to a numerous class of your Majesty's subjects of British origin, now numbering about one hundred and fifty thousand souls, scattered over this province, whose interests cannot be adequately_represented in an assembly, seven-eights of the members whereof are of French origin, and speak the French language.

It is under the circumstances above described that the assembly have 'See Christie, III, pp. 368 ff.