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

CANADA'

[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

CANADA'

[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

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.

opposed to the union on any, terms, while of those who supported the measure, there were many who were not wholly free from apprehensions as to the result, and who regarded it as a hazardous experiment, unless in addition to terms submitted by the Governor General, certain details calculated to secure their connexion with the Imperial crown, should accompany their concurrence with the terms proposed. A majority, however, gave their unconditional assent to the propositions above mentioned, in the fullest confidence, that your Majesty, in calling the attention of the Imperial Parliament to the union, would at the same time recommend the adoption of every necessary safeguard to the maintenance of British interests and British supremacy. It is in this confidence that we now humbly submit to your Majesty's most gracious consideration the following propositions, which, in the opinion of this house, are calculated to secure the great end, in expectation whereof the assent to the union was given:

And first, we respectfully entreat your Majesty, that the use of the English language in all judicial and legislative records be forthwith introduced; and that at the end of a space of a given number of years, after the union, all debates in the Legislature shall be in English. And as a matter of justice to your Majesty's subjects in Upper Canada, we earnestly and confidently appeal to your Majesty, to admit their right to have the seat of the Provincial Government established within this Province. It cannot be denied to the people of this Colony, that if favour is to be shewn to either Upper or Lower Canada, their claim stands pre-eminent; independent of which, the moral and political advantages of the consession are too obvious and undeniable to admit of dispute.

It is with the most sincere satisfaction that this house has received from your Majesty's representative the assurance that the bill introduced into the House of Commons during the last session of the Imperial Legislature, is not to be "considered as embodying the provisions which may hereafter be adopted by the Imperial Parliament." And, "that it His Excellency's intention to recommend to Her Majesty's Government, in the new measure that must be introduced, to adhere as much as possible to existing territorial divisions for electoral purposes, and to maintain the principle of the constitutional act of 1791, with regard to the tenure of seats in the Legislative Council."

We would further respectfully submit the necessity of providing that the members of the legislature should possess a stake in the country equal to that now required by the laws of this Province, that, to the call of public duty, that of private interest may be added, as an inducement to wise and careful legislation; and for this purpose we trust that a sufficient qualification in real estate will be required from any person holding a seat in the legislature.

We would also respectfully suggest to your Majesty the paramount subject of emigration from the British Isles, which we consider the best calculated to render the United Province British in fact as well as in name. No time, in our humble opinion, should be lost, in the establishment and vigorous prosecution of a well organized system of emigration, calculated to afford every possible facility to the settlement of that extensive domain, the proceeds of which have been proposed to be surrendered to the control of the Provincial Legislature, upon certain terms and conditions, which in Upper and Lower Canada is at present in right of the crown, at your Majesty's disposal.

We have no desire to interfere unnecessarily in questions of detail, which more immediately affect the sister Province; but we cannot omit respectfully soliciting your Majesty's attention to the introduction of a system of municipal government into Lower Canada, in order to provide for local taxation, and under local management, on the same principles as have obtained in Upper Canada, where the system established by the Provincial Legislature, after repeated and careful revision, has in its operation proved highly satisfactory to the people.

We would, lastly, desire humbly to assure your Majesty, that to the principles on which our constitution has been established, to the representa

tive mode of government under a monarchy, and to a permanent connexion with the British empire, and a dutiful allegiance to our Sovereign, the people of Upper Canada most faithfully and firmly adhere.

It is only from apprehensions of danger on these most important matters, that doubt or difficulty has been felt in assenting to the union; and we therefore now humbly trust that your Majesty, fully acquainted with our situation, will not confine your royal consideration to the claims that are referred to in this address, or in any other proceeding of this house, but that continuing to us that gracious and generous protection we have hitherto experienced from your Majesty and the British nation, your Majesty will add such future safeguards as in your wisdom may be thought necessary and desirable to protect your faithful subjects in the peaceful enjoyment of their laws and liberties, and to perpetuate their connexion with your Majesty's crown and empire. ALLAN N. MACNAB, Speaker.

13th January, 1840.

CLII

POULETT THOMSON TO HOUSE OF ASSEMBLY OF UPPER CANADA

[Trans. Legislative Assembly of Canada, Journals (1841), App. BB.]

:

In answer to the address from the House of Assembly of the 13th December, respecting communications received from her Majesty's principal Secretary of State on the subject of Responsible Government, the Governor General regrets that it is not in his power to communicate to the House of Assembly the despatches upon the subject referred to.

The Governor General has received Her Majesty's commands to administer the Government of these Provinces in accordance with the well understood wishes and interests of the people, and to pay to their feelings, as expressed through their representatives, the deference that is justly due to them.1

These are the commands of Her Majesty, and these are the views with which Her Majesty's Government desire that the administration of these Provinces should be conducted; and it will be the earnest and anxious desire of the Governor General to discharge the trust committed to him, in accordance with these principles.

CLIII

THE UNION ACT, 1840'

(3 & 4, Victoria, c. 35.)

An Act to re-unite the Provinces of Upper and Lower Canada, and for the government of Canada.

23rd July, 1840. Whereas it is necessary that provision be made for the good government of the Provinces of Upper and Lower Canada, in such manner as

1 On 13 December, 1839, the House of Assembly of Upper Canada asked Thomson for copies of Russell's despatches on "responsible government." This document is the reply to that address. Thomson merely quotes the despatch printed above (see No. CXLII). On August 17, 1841, in reply to an address from the Legislative Assembly of Canada, he laid copies of Russell's despatches before the House. They are printed in Legislative Assembly of Canada, Journals (1841), App. BB. I have collated the copies found in the Imperial Blue Books with those in the Journals.

2 Poulett Thomson sent home a Bill for Union differing from the Bill of 1838 (see pp. 551 ff. This Bill with some changes was passed 23 July, 1840. The Union came into operation by a proclamation issued Feb. 5, 1841, and in the following June the first Parliament of Canada met at Kingston. Sydenham died in the following Sep

tember.