Documents of the Canadian Constitution, 1759-1915

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.

Page

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.

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 . .

The British are angry at the wavering Imperial policy.

Sir John Colborne now supreme, as a military and not

a civil government seems unfortunately to be the

necessity of the future. Growing danger of separation

from the Mother Country, at any rate of further

bloodshed.

CXXXIV. Durham to Glenelg, November 10, 1838

Growing belief in Upper Canada in the indifference of

the Imperial Government has produced unwillingness

among the militia and volunteers to prepare for active

service.

442

445

CXXXV. Report of the Committee of the Upper Canada Legis-

lative Council on Durham's Report, May 11, 1839 . . 470

Protests against Durham's suggestions for "respon-

sible government." A Colonial electorate too fickle,

individualistic and unstable for such a trust, however

suited to other conditions. The dangers are too great

to throw off active Imperial control. Durham is un-

reliable and inaccurate.

Page

CXXXVI. Lord John Russell on Canadian Affairs, June, 1839 . . 478

Various complexities and possible complications ren-

der impossible any grant of full responsible govern-

ment to the Canadas.

CXXXVII. Joseph Howe to Lord John Russell, September, 1839 . 480

This and the three following documents were ad-

dressed as open letters to Lord John Russell in reply

to his speech of June, 1839 (No. CXXXVI.). Howe

agrees with Durham that the lack of "Responsible

Government" is the foundation cause of all the

troubles in the Colonies. Is the withholding of it due

to a suspicion of Colonial loyalty? That loyalty will

bear full examination. Government by Executive

Councils as absurd and unjust as it is futile. Efforts

at reform only prove "the cure worse than the dis-

ease." No real remedy except Lord Durham's. The

dangers? None in reality. The result? The people

satisfied and happy. Does dependence in an Empire

imply a different form of constitutional government/

than in England? If so, why, by what right, govern-

ment by a minority? Will a majority be more "dis-

loyal" governing themselves than when under the

irritation of minority rule? Is Her Majesty in mortal

terror because the majority of the citizens of London

govern the city? Does any one, except in a spirit of

humour, imagine the Lord Mayor declaring war on

France? Would we do it in Canada? Suppose we

did, you could easily check us.

CXXXVIII. Joseph Howe to Lord John Russell, September, 1839 . 487

Examines Russell's objections to Responsible Govern-

ment. The Governors could, under it, be made re-

sponsible to the Assembly, as the Ministers of the

Crown in England are held responsible. They would

be bound by the same limitations, and there would be

neither more nor less invasion of the sovereignty of the

Crown. Suppose they receive unconstitutional advice

from a Colonial Ministry-what then? May not this

equally occur in England? The irresponsibility of

Governors at present is humourously but trenchantly

analysed. Suppose a typical "Governor" made Mayor

of Liverpool, with all the present bag and baggage of

"instructions," "despatches," and all the present

method of government as known in the Colonies-"he

must be an angel of light indeed, if we does not throw

the good city of Liverpool into confusion." What

answer to the "confusion"? The "Mayor" can blame

someone else can throw the responsibility on the

"Colonial" Office. "No form of Government could

well be devised more ridiculous." The "Mayor's" offi-

cials-the "Executive”—are à fortiori more irrespon-

sible.

Page

CXXXIX. Joseph Howe to Lord John Russell, September, 1839 . 497

The questions involved are those of local government,

not of Imperial concern. Russell fears for foreign

affairs. Let his own words be the answer to his fears:

the Governor must stand by his duty to allow no inter-

ference (cf. No. CXXXVÍ.). A colony declare war?

Only conceivable by irresponsible madmen. Russell's

"imaginary" cases only fertile creations which Cana-

dians laugh at. Discusses trade and commerce and

shows that difficulties, if any, are as great under “irre-

sponsible" as "responsible" government.

CXL. Joseph Howe to Lord John Russell, September, 1839. 503

Russell may ask, and rightly ask, what is proposed as

reform. Howe replies: he will leave to the Imperial

Parliament foreign affairs; control of naval and mili-

tary forces; the regulation of colonial trade with the

Mother Country; that interference with the colonies

in extreme cases. Let the Colonial Secretary's duties

be only "watchful supervision." Let him have no

right to meddle in any internal affairs. Let the Gov-

ernors, who are usually on their arrival like ignorant,

"overgrown school boys," find themselves surrounded

by "schoolmasters" who have the confidence of the

people, and not by those who only represent them-

selves, or a minority, or the whims of their Excel-

lencies' predecessors. The Governors could then "do

no wrong in any matter of which the Colonial Legis-

lature had the right to judge." Discusses the details
of reform by contrast with the evil ramifications of
the old system of government. Under "Responsible
Government" might not Papineau and Mackenzie have
never existed as rebels; perhaps have developed into
constructive statesmen?

CXLI. An Act Amending 1 & 2 Victoria, c. 9 (2 & 3 Victoria,
c. 53), 1839

514

CXLII. Lord John Russell to Poulett Thomson, September 7,

1839

Thomson is sent to Canada to learn the deliberate

wishes and to obtain the cooperation of the Provinces,

without which there can be no successful Canadian

settlement. The Government is strongly in favour of

the proposed union, and Thomson will endeavour to

obtain for its principles such an assent as will render

them acceptable. Suggestions are given as to methods:

he may appoint a Committee of authority from each

Province to frame articles of union, to be proposed

to the Upper Canadian Legislature; he may assemble

the latter and propose the appointment of Commis-

sioners to meet those from Lower Canada, and in the

event of hostility in the Assembly, he may dissolve

it and appeal to the people. This step, however, must

be taken with the gravest deliberation. Whatever the

the method, the Government will expect to receive a

detailed plan of union. If the proposal proves imprac-

ticable, an alternative is expected. "Impossible to re-

duce into the form of a positive enactment a con-

stitutional principle" of responsibility. "It will be your

516

anxious endeavour to call to your councils and to em-

ploy in the public service those persons, who by their

position and character, have obtained the general con-

fidence and esteem of the inhabitants of the Province."

Military affairs, emigration and the land question
require serious attention. Municipal institutions de-
mand immediate and special consideration. In Upper
Canada, finances and the Clergy Reserves are pressing
questions. Her Majesty is determined to maintain
the connexion between the United Kingdom and the
American Colonies.

Page

CXLIII. Lord John Russell to Poulett Thomson, October 14, 1839. 522

Must refuse any explanation of "Responsible Govern-

ment" which would imply a surrender to the petitions

and addresses. The Imperial Parliament has already

expressed its opinion on the matter (No. CXXIV.).

There can be no proposals entertained on the subject.

Cabinet government impossible in a colony. Colonial

Councils cannot advise the Crown of England. Impos-

sible to reconcile the responsibility of the Governor

to the Crown with a responsibility on his part to his

Council. Impossible also to define the power of the