The Sun.
London, England, 1840-03-24 00:00:00

EVEN.IN'O EDITION.

I It was therefore with great satisfaction that, by her
Majesty's command, I brought down the message. which
Y ei,Sir,lllave read to the House this day. Sir, before
Vproceed to state the grounds of the measure that I am
now about to detail, I must first say, that I am ready to
' agree that the measure of a union between the pro-
vinces would have been an inexpedient measure
if it had been found, as was foreseen by
some, upon inquiry that there was, in the minds
of the people of Canada an absolute repugnance to such
k measure. Sir, the present Governor-General of
i Canada 'has ascertained, and by the most accurate
means, the sentiments of the people of Canada with
regard to it. I should say that perhaps it would not
have obtained the approval of the people of Lower
Canada, but he called together the Council, which was
not formed by himself, but by his predecessor, and re-
ceived from it certain resolutions agreeing to the principle
of the union as regarded its general heads, but leasing
! the details to the Imperial Parliament. On proceed-
int? to Upper Canada, the proposition was much dis-
cussed and debated in the A'ssembly, and in the Legis-
lative Council. Some who were in favour of it, wished
to itfUx certain terms to it, but upon a full debate and
consideration of the entire question, the Assembly and
Council came to a resolution, in accordance with the
proposition of the Governor-General, in favour of the
union, and unfettered by any restrictions or stipulations.
Soon after that they passed an Address, in which they
alluded to certain points which they were desirous of
having arranged to their satisfaction, hut they, at the
same time, expressly declared that they would not
Make their consent provisional upon the acceptance
of these points. Therefore, Sir, there being this gene-
ral accordance as regarded the general proposition of a
union, I shall state now the evils which I think the
union is peculiarly calculated to remedy. It was stated by
Mr. Huskisson, in 1828, that great evil arose from
the existence of a fudal law in Lower Canada, render-
ing the tenure of land extremely perplexing and intri-
cate. The second evil was that the state of the repre-
""ltion gave a certain preponderance to members of the
French race. Now, Sir, I think that with regard to
these two evils a union does seem to he an appropriate
remedy for them. The Earl of ,Durham has shown in a
cleverer manner than I can do, how very little we ought
to confound the conduct of the Assembly of Lower
Canada with the principles of the advocates for the
establishment of constitutional freedom. In fact, Sir,
the Assembly of Lower Canada, while using the
weapons of freedom while using constitutional
arguments to obtain their purposes, were using
those arguments for the purpose of establishing
a gross monopoly of power in the hands
of their own race, and for excluding the enterprize .
of the British race from any share in that power ; so that
while all the appearance of recourse to constitutional
maxims was on the side of M. Papineau, the English
Party were obliged to find refuge in the Legislative
Council, where alone they could be heard, and
therefore they were driven to make use of
arguments derived from the necessity of upholding
the prerogative in opposition to the Popular Assembly ;
but they were, in fact, upholding those privileges and
Principles which, in this country, we are in the habit of
holding in reverence.--( Hear, hear, and cheers). The
Assembly were in fact using the neapons of Hamp-
den in support of the principles of Strafford ; and while
they were sympathized with by persons in this country,
and stili more by persons in the United States, they
were endeavouring to establish a species of
government of the most exclusive character,
tending to prevent the development of the resources
ofthe country, to cramp the exercise of British
energies, and to put a stop to the general improvement
of the country. For this narrow spirit I know of no
better remedy, if it be argued that a free form of go-
vernment ought to be the nature of the Govern-
ment of Canada ; and in this opinion I am sup-
ported by those who have had the best op-
portunity of making observations on this subject.
I Say, I know of no better method of meeting this spirit
of monopoly and exclusiveness than by admitting the
inhabitants of both provinces to send their representa-
tives to one House of Assembly, and any of a
different race may he represented by persons of
their own choice, whilst they will be deprived
of that preponderance of which they had made
so ill a use. In so doing, there are many points to bo
attended to, to which I shall hereafter draw the attention
of the House. With respect to the general question,
if we take the population of the provinces at 1,000,000,
450,000 of those may be supposed to be inhabitants of
the French race—there is no reason why this race should
not send Members to the Assembly, who should
fairly represent the whole, and where the British
should be able at the same time to establish that
which they so ardently wished in Canada—a
fair field for British enterprize, a free scope
for British emigration, without, at the same time,
making use of any measures of oppression
as regarded those of the opposite race. Sir, I
have always been of opinion that you have not so
much to blame the leaders of party for the use they
made of their power as to deduce that abuse from the
singular position in which they were placed, the .Act
of 1791 basing confined them within certain limits, and
gave powers in which a great mass of British emi-
grants l.ad no share. Sir. I will not now discuss
the policy of that Act of 1791. There may have been
reasons at the time, now not sufficient to justify
it. One thing is certain, that Upper Canada at that
time contained but 10,000 inhabitants, whereas it now
contains upa,ards of 400,000 ; and the population has
risen to that amount under British laws and with Bri-
tish tenures of property ; but have always understood,
from persons who knew the sentiments of Lord Grenville
on the subject, that it was not the intention of those
who introduced the Act of 1791 to make a permanent
division between the two provinces, but that, at
sonic future period, it was anticipated the Act might
be altered. Such being the view, Sir, I take of the
general expediency of the union, I think I can best ex-
plain
the reasons of detail which induce me to think a
good system of government may be founded on that
principle, by stating the various propositions we intend
to submit. The House will then see the nature of
the government proposed, and be able to judge
how far such a government will conduce to
the objects we all have in view. Sir, the
first question will be as to the declaration of
the union. I propose that power shall be given to her
Majesty to give instructions to the Governor-General
for making such alterations 5,n the period fixed in the
Bill for such declaration as her Majesty shall think fit ;
no day will be fixed, but a period maned within which
it should take place, perhaps within six months fro:n the
Passing of the Act. It is the opinion of the Gover-
nor-General that it is most desirable that an early
period should be fixed for the proclamation, for
some special reasons—one is that the duration of
the Assembly in Upper Canada expires within the
present year, and the union 'should not he delayed beyond
that period, to avoid a now Assembly election, which it is
obvious would not under tlie circumstances be desirable.
But another reason is, that the people of Canada
generally are anxious to see a termination of this long
and vexatious dispute. I proposed last year, consi-
dering the time that would be taken in framing-
the various details anti articles of union, that the
Assembly should meet the year after next, but the
statements I have received upon the authority of
the Governor-General, and all the accounts I have
received from Canada, convince me there is such anxiety
on the subject that I do think it is but reasonable to ask
of Parliament, as soon, as possible, to terminate their
anxiety, and to give a nettled form to the future consti-
tution of Canada.—(Hear, hear.) It is obvious that it'
you continue the present Special Council of Lower
Canada, you are continuing a species of power which
no one would wish to be permanent—it is neither agree-
able to Parliament nor agreeable to the inhabitants of any
part of America that a Government sii despotic should ex-
tend beyond the necessities for its duration.—( Hear, hear.)
There would likewise occur a very great inconvenience,
which is found to exist from the determination—l will
not say the unwise determination,- because on general
principles it is a very right determination to give large and
extensive powers of legislation with regard to permanent
objects to the Special Council ; but so long as that restric•
tion exists you are depriving the people of Canada of such
improvements in the law as may be most essential to
their future welfare. I think, therefore, that for these rea-
sons, a declaration of union ought not to be long delayed,
and that in a very few weeks after the passing of the Bill
that declaration should be made. I come next to the con.
stitution of the Legislative Council and Assembly, which,
together with the Governor, arc to form the government.
It was proposed last year to make restrictions as to the
period during which the Crown or the Governor acting in
the name of the Crown, might appoint the Legislative Coun-
cil. The Report of the Governor-General stated that if
there was not an elective council, time best plan would be to
leave the nomination for life according to the consti-
tational Act of 1791. A great party in that province
was very much attached to the Constitution of 1791, they
thought it gave permanency and independence to the Le-
gislative Council, which was desirable. While then there
was a strong part.). in favour of that provision, there was no
teeny in favour of any other provision, except that of an
elective council, to which the Government had the most
decided olsjection, and to which, in the proposition ho made
a few years ago, both Houses of Parliament expressed its
repugnance. He proposed, therefore, the nomination of
the Legislative Council should be for life, only disqualify..
ing them in case of bankruptcy or the committal-of crimes.
The Governor-General thought it would be desirable that
the power of reel nation should be given, as it happened
not unfrequently that a person who had been nominated
went to reside at a distant part of the province, and entirely
abandoned kis functions, thus swelling the numbers of the
Legislative Council without any advantage being derived
from his being on that list. The next question, and a
moat important one, was as to the future Constitution of
the Assembly. The Governor-General had proposed,
which proposition appeared to have met with assent
In both provinces, that the number sent by Upper and
Lower Canada should be equal. It is evident that at
!he present moment the population of Upper Canada
is not equal to that of Lower Canada • but on the other
hand the population of Upper Canada is very much in-
creasing, and if I were to speculate on probabilities I should
say it is possible in a few years the
numbers inhabiting Upper Canada would increase beyond those in the othere
province, With respect to the distribution of those num-
bers it was proposed that there should be 39 from each pro_
dace, and that they should be distributed with no very
eaweemeeee—____