Documents of the Canadian Constitution, 1759-1915

Embody Thomson's requests as outlined in No.
CXLVII.

CLI. Address of House of Assembly of Upper Canada, Janu-

"Some suggestions" (according to Thomson) from
the Assembly, which they hope will be carried out in
the Act of Union.

CLII. Poulett Thomson to House of Assembly of Upper
Canada, January 14, 1840

Impossible to lay before the House Russell's des-
patches on "Responsible Government"; quotes, how-
ever, No. CXLII. as to the advice on which he acts.

CLIII. The Act of Union (3 & 4 Victoria, c. 35), 1840

CLIV. Poulett Thomson to Russell, September 16, 1840

Regrets that Act of Union has no provisions for

municipal institutions. Municipal institutions are the

very training needed in Canada-without them, higher

government cannot succeed. Is inclined to defer pro-

claiming the Union, until Parliament has reconsidered

this question. The consequences of such an action,

however, too doubtful. If the Queen desires, he will

persist in his work and propose a comprehensive muni-

cipal scheme in the opening session of the new Legis-

lature.

CLV. Russell to Sydenham, October 25, 1840

Reply to No. CLIV. Regrets Sydenham's disappoint-

ment over the omission of legislative provision for

local government in the Act of Union, especially as

he shares in it. It is a Canadian matter, however,

and the Canadian people will doubtless provide for

such a useful system.

554

CLVI. Sydenham to a Friend, 1840 (?)

Expresses more emphatically his fear that it was a

fatal mistake for the Imperial Parliament not to set

up a good municipal system. Without it the jobbery

and corruption of this Government must go on, and

the Canadian Legislature spend its time inefficiently

on petty local details. A system of local government

far more important than even the Legislative Union.

Page

555

559

CLVII. Sydenham's Speech to Canadian Legislature, 1841 ... 561

Draws attention, inter alia, to the necessity for the

development of the resources of the Province by a

well-considered plan of public works; to the need for

encouraging and carefully controlling emigration; to

the pressing call for a good system of municipal insti-

tutions, and of provincial education. Promises

imperial aid in substantial loans.

CLVIII. Sydenham to his Brother, August 28, 1841

Triumphant announcement of his having carried,

word for word, his own Municipal District Bill for

Upper Canada-"the Bill, the whole Bill, and nothing

but the Bill."

563

CLIX. Resolutions of the Legislative Assembly of Canada, 1841. 564

Resolutions (generally assigned to Sydenham's pen)

which were carried as amendments to proposals in

which "Cabinet responsibility" in local matters was laid

down. Sydenham's Resolutions only go as far as the

advice given him by Russell and communicated to the

Assembly (see Nos. CXLII. and CLII.).

CLX. Metcalfe to Stanley, August 5, 1843 . .

Fails to understand Sydenham's system of Govern-

ment, but, as it is apparently working out, it will

mean cabinet and party government. Can this be

reconciled with the position of the Governor in a

colony? He fails to see how the problem can be

solved, but fears that it is too late to withdraw the

system which has been set up as a deduction from

Sydenham's plan. Whether it was his own or not, he

cannot say. For himself, he finds it impossible to

submit to the dictates of "party government” in a

dependency of the Crown.

565

CLXI. Earl Grey to Lieut.-Gov. Harvey, November 3, 1846 . 570

Outlines the status of the Legislative and Executive

Councils. Appointments to the former should be made

to make it "fairly represent the opinion of the major-

ity of the intelligent members of the community." If,

however, it does not harmonize, what course is open?

Two considerations are clear: firstly, the Legislative

Council cannot be allowed permanently to obstruct

measures called for by public opinion and sent up by

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the Assembly; secondly, that it is a grave evil to

appoint new members to the Council in order to carry

such measures, as such a method may involve too wide

possibilities of increase in future difficulties of a sim-

ilar nature. How can the problem be solved? It is to

be understood that only "clear and obvious necessity,"

-"practical inconvenience must have actually arisen

and to a serious extent"-will justify the appointment

of additional members. Such urgent necessity will

not excite indignation, and it is likely that the Council

will yield to circumstances demanded by popular

opinion and prevent the adoption of such a drastic

measure. With regard to the Executive Council, when

they cannot govern, application must be made to the

opposite party. The Governor must make it clear that,

while he can never assent to the abuse of the royal

authority for party as opposed to public objects, he is

willing to work with any party that can command

public confidence, as the Government of the British

Provinces cannot be carried on "in opposition to the

opinion of the inhabitants."

CLXII. Earl Grey to Lieut.-Gov. Harvey, March 31, 1847 . . 573

Outlines the British system of government and points

out the difference between "political" and "official"

appointments. He sees no reason,-but rather wel-

comes the idea,-why Colonial Government should not

follow the British system. A careful criticism is given

of the possibilities of carrying it into effect, but it is

pointed out that few appointments at present should be

of a "political" nature, involving changes with the

change of public opinion, and that the vast number of

smaller appointments should be of an official kind,

"during good behaviour"; thus the danger of dislocation

in administration will be lessened-a danger not to be

minimized in a small community which has just gained

"responsible government." Outlines a scheme for the

"political" appointments, and also lays it down that

"permanent officials" must not be members of either

House of the Legislature. "Political" appointments

will carry with them seats in the Executive Council.

With these considerations in mind, "that system of

Parliamentary Government which has long prevailed

in the Mother Country" can be immediately adopted.

CLXIII. Elgin to Earl Grey, 1847

Outlines his conception of the position of the Gov-

ernor under the newly introduced system of respon-

sible cabinet government: frank and unreserved con-

stitutional support to his ministers, but never conceal-

ing from them that nothing will prevent him from

working cordially with their opponents, if forced upon

him.

CLXIV. Elgin to Lady Elgin, 1847

577

579

Lord Durham's vindicatlon will be the fair working

out of his system of Government in Canada.

CLXV. Elgin to Earl Grey, April 30, 1849

579

A detailed account of the riots at Montreal and the

public excitement following on Elgin's signing the

Page

Rebellion Losses' Bill. Elgin defends his action as

entirely constitutional and exposes the shallowness of

the claims made by a "British" minority to be the sole

loyalists in the Province.

CLXVI. Elgin to Earl Grey, March 23, 1850

Criticises Russell's speech of Feb. 8, 1850, in which he

anticipated Colonial independence. Pleads for a

nobler conception of the Colonies. "You must allow

them to believe that, without severing the bonds which

unite them to Great Britain, they may attain the degree

of perfection and of social and political development

to which organized communities of freemen have a
right to aspire." Russell's opinion will only add sup-
port to the annexationists; will grieve the loyal and
well affected such as Baldwin; and will hurt the Pro-
vince financially and economically.

CLXVII. Elgin to Earl Grey, November 1, 1850

Contrasts American and British forms of government.

CLXVIII. Elgin to Earl Grey, December 17, 1850

An expansion of the ideas which run through No.

CLXVII. A defence of limited monarchy against

republicanism.

CLXIX. Elgin to Cumming Bruce, September, 1852

Responsible Cabinet Government can flourish in the

Dominions. "This faith I have imparted." The de-

pendencies cannot be governed "on the antiquated

bureaucratic principle, by means of rescripts from

Downing Street." "I have always said to my advisers,

'While you continue my advisers, you shall enjoy my

unreserved confidence, and en revanche you shall be

responsible for all acts of Government.'

CLXX. Elgin to the Duke of Newcastle, February 18, 1853 . . 590

The prerogative of the Crown should be employed as

a means of attaching the outlying parts of the Empire

to the throne. Imperial honours should emanate

directly from the Crown, not on the recommendation

of the local Executives, and they should only be

bestowed on "eminent persons who are no longer

actively engaged in political life.”

CLXXI. Elgin to the Duke of Newcastle, March 26, 1853

To the argument that, by a severance of the con-

nexion, British statesmen will be relieved of an oner-

ous responsibility for colonial acts of which they can-

not otherwise rid themselves, Elgin replies that the

true answer is to throw "the whole weight of respon-

sibility on those who exercise the real power."

CLXXII. Elgin to Sir George Grey, December 18, 1854

Outlines his conception of the functions of a Gov-

ernor.

CLXXIII. The Union Act Amendment Act (11 & 12 Victoria,
c. 56), 1848

Repeals section 35 of the Act of Union (No. CLIII.),

590

591

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which provided for the sole use of English as the
official language.

CLXXIV. The Union Act Amendment Act (17 & 18 Victoria,
c. 118), 1854

Gives Legislature of Canada power to alter the con-
stitution of the Legislative Council and repeals Sec-
tions 26 and 42 of the Act of Union (No. CLIII.).

CLXXV. The Union Act Amendment Act (22 & 23 Victoria,

c. 10), 1856

Gives Legislature of Canada power to make laws

regulating the appointment of a Speaker of the Legis-

lative Council.

CLXXVI. Colonial Habeas Corpus Act (25 & 26 Victoria, c. 20),
1862

Writ of Habeas Corpus not to issue into any colony
or foreign dependency of the Crown having courts
authorized to grant the same.

CLXXVII. Colonial Laws Validity Act (28 & 29 Victoria, c. 63),

1865 .

An Act to remove doubts as to the validity of Colonial

laws. A Colonial law cannot be repugnant to the

laws of England: the meaning of "repugnancy" is