The Sun.
London, England, 1836-04-02 00:00:00

UPPER CANADA.

PROVINCIAL PARLIAMENT OF UPPER CA-
NADA, FEB. 15.
GOVERNOR'S MESSAGE.

Mr. Speaker reported that Mr. Secretary Joseph had
brought down from his Excellency the Lieutenant-Gover-
nor a message and several documents.
The message was read as follows :
F. B. HEAD,
The Lieutenant-Governor transmits to the House of As-
sembly the following answer to its address of the sth inst. :
It appears to the Lieutenant-Governor that this address
contains—

Ist. A statement of the opinions of the house on various
subjects of high importance to this province.
2d. A request that the Lieutenant-Governor should him-
self give the house certain explanations.
3d. A request that the Lieutenant Governor should
transmit to the house copies of certain documents and de-
spatches which are mentioned.
The Lieutenant-Governor assures the House of Assembly
that every opinion stated in their address shall receive his at-
tentive and deliberate consideration.
With respect to the explanations, as also the copies of the
documents and despatches which the House of Assembly
has requested from the Lieutenant-Governor, he will now
proceed to consider these subjects seriatim, in the order in
which they appear in the address.
1. The Lieutenant-Governor transmits herewith to the
House of Assembly, according to its request, a copy of the
correspondence desired to be obtaired by our address to his
Excellency Sir John Colborne, dated the 19th of January,
1835, relative to the removal of the late Attorney-Gene-
ral and Solicitor-General, the appointment of the present
Attorney-General, and the re-appointment of the Solicitor-
General.

The Lieutenant-Governor informs the House of As-
sembly that there also exists in the Government office one
other despatch on the above subject marked " confidential,"
and which he withholds from the House because it is not
even left to his discretion to impart it.
The Lieutenant-Governor, however, briefly explains to
the House of Assembly that Lord Goderich's order of the
Bth of March, 1833, for the retirement of the Solicitor-
General, was subsequently reversed by his Majesty's Go-
vernment, in consequence of exculpatory explanations which
that officer made during his visit to England.
2. The Governor transmits herewith to the House of
Assembly, according to its request, " a copy of the corre-
spondence concerning the several expulsions of a member
of this House in the last Parliament."
3. The House of Assembly requests copies of any de-
paches " that would serve to explain to this House the
apparent contradictions between the Royal instructions re-
lative to the dismissal or resignation of public officers when
they cease to give a conscientious support to the measures
of the Government, and the continuance in office of per-
sons composing the E,aecutive Council and legal advisers of
the Government, notwithstanding their opposition to many
urgent and beneficial measures of Reform, so often and
loudly called for by a large majority of the people of the
colony„ and recommended by the Earl of Ripon, as set forth
in his despatch of the Bth of November, 1832, which oppo-
sition and utter contempt of the wishes of the people and
the recommendation of his Majesty's Government, as afore-
said, will most strikingly appear by reference to the jour-
nals, in regard to the proceedings had on the said despatch,
which was sent down to both the Houses by his Excellency
Sir John Colborne, in compliance with the instruction of the
Earl of Ripon to make it public in Canada, by which re-
ference it will most distinctly appear that the above descrip-
tion of persons have not only opposed the carrying into
effect the said recommendation, but offered the greatest
indignity to his Majesty and his Ministers, by voting to
send the said despatch back to his Excellency, in opposition
to a motion fbr printing and publishing it ; and on another
occasion opposed and prevented the passing of an address
to his Majesty, for his prompt attention displayed in the
said despatch to the wishes and interests of the people of
the country, by moving another address in amendment, of a
censurable character, upon his Majesty's Minister, for
writing and transmitting the said despatch ; . which address
was afterwards presented to his Excellency as the address of
the House, although never carried through its several stages."
In reply to the above request, the Lieutenant-Governor
informs the House of Assembly, that no despatches exist in
the Government office affording the explanation desired.
4. The Lieutenant-Governor transmits herewith to the
House of Assembly, according to its request, "a statement
of the several persons who compose your Excellency's Exe-
cutive Council and of your legal advisers, with the dates of
their appointment, and at which they were severally sworn
into office." _ _

5. The House of Assembly requests " that your
.Excel-
lency will please to inform this House whether it is consi-
dered that their appointments and continuance in office are
in strict accordance with the spirit of the Royal instructions,
and that they are taken from among that class of his Ma-
jesty's subjects who have given a conscientious support to
those measures of the Government which are enumerated
in the despatch of the Earl of Ripon, as aforesaid."
As the appointment of the individuals alluded to is the
prerogative.of the Crown, the Lieutenant-Governor cannot
presume to offer to the House of Assembly any opinion on
that subject ; but, with respect to the question whether
their continuance in office is in strict conformity with the
spirit of the Royal instructions contained in Lord Ripon's
despatch of the Bth of November, 1832, the Lieutenant-
Governor conceives that the real meaning of those instruc-
tions was to arm the Lieutenant-Governor of this province
with power to require, and, if necessary, to insist on the re-
signation of any or all individuals holding official situations,
or latently oppose the • measures of his
who Government. openly
The Lieutenant-Governor will certainly not hesitate to
avail himself of this power, should he ever feel it his pain-
ful duty to do so, but he considers it would not be a fruit-
ful application of his time were he now retrospectively to
attempt to determine whether these individuals ever had or
had not opposed any measure of the Government of his
predeCessor, who is responsible to his Majesty alone for his
decisions. He therefore feels he is bound in justice to infer
neverreciuire•that as his predecessor did not see occasion to dismiss these
officers, their continuance in office to the present date is in
strict
accordanceviith the spirit of the Royal instructions,d
that these polemen should inflict
which
upon themselves the penalty awarded in case they should
oppose the measures of the Government.