ter and policy of the government are directly involved. They are innded to apply rather to the heads of departments than to persons serving clerks or in similar capacities under them. Neither do they extend to ficers in the service of the Lords Commissioners of the Treasury. The nctionaries who will be chiefly, though not exclusively, affected by them, e the Colonial Secretary, the Treasurer, or Receiver-General, the Suryor-General, the Attorney and Solicitor-General, the Sheriff or Provost arshal, and other officers, who, under different designations from these e entrusted with the same or similar duties. To this list must also be ded the members of the council, especially in those colonies in which the egislative and Executive Councils are distinct bodies.

The application of these rules to officers to be hereafter appointed will attended with no practical difficulty. It may not be equally easy to force them in the case of existing officers, and especially of those who ay have left this country for the express purpose of accepting the offices ey at present fill. Every reasonable indulgence must be shown for the pectations which such persons have been encouraged to form. But even these instances it will be necessary that the right of enforcing these gulations should be distinctly maintained in practice, as well as in theory, often as the public good may clearly demand the enforcement of them. may not be unadvisable to compensate any such officers for their dispointment, even by pecuniary grants, when it may appear unjust to disnse with their services without such an indemnity.

I have, etc.,

(Signed) J. Russell,

CXLV

POULETT THOMSON TO RUSSELL

[Trans. Imperial Blue Books Relating to Canada, 1839-40, Vol. XII.]

y Lord,

Government House, Montreal, 18th November, 1839.

I have the honour to inform your Lordship, that having summoned e Special Council by proclamation to meet on Monday, the 11th instant, then submitted to them the question of the re-union of the two provinces Upper and Lower Canada, and solicited their opinion respecting it.

On Thursday, the 14th instant, I received from that body the address which, and of my answer, I have the honour to enclose copies; and I ewise transmit an extract from the journals, from which your Lordship ill learn their proceedings.

I beg your Lordship to remark, that the members composing the Decial Council remain the same as during the administration of my precessor. It may be necessary hereafter, in the exercise of my discretion, make some alterations, with a view to increase the efficiency of that dy; but I felt, that as the opinions of Her Majesty's Government in gard to the union are well known, it was extremely desirable that I ould, if possible, submit the consideration of that important question to Council in whose selection I had myself had no voice.

It appeared to me that to secure due weight in the mother country to e judgment of a body so constituted, it was indispensable to avoid even e possibility of an imputation that I had selected for its members those aly whose opinions coincided with my own.

I had moreover every reason to believe, from the motives which guided ty predecessor in his choice, that the Council contains a very fair repreentation of the state of feeling in the different districts of the province.

For these reasons I determined on making no alteration whatever; ad it is with great satisfaction that I can now refer to the opinions of this ady adopted almost unanimously. Their views as to the urgency of the hion, and the advantages likely to result from it to the province, are set

forth in their address in terms so forcible as to leave me nothing to say with reference to their opinion. But I must add, that it is my decided conviction, grounded upon such other opportunities as I have enjoyed since my arrival in this country of ascertaining the state of public feeling, that the speedy adoption of that measure by Parliament is indispensable to the future peace and prosperity of this province.

All parties look with extreme dissatisfaction at the present state of government. Those of British origin, attached by feeling and education to a constitutional form of Government, although they acquiesced at the time in the establishment of arbitrary power, as a refuge from a yet worse despotism, submit with impatience to its continuance, and regret the loss, through no fault of their own, of what they consider as their birthright. Those of the French Canadians who remained loyal to their Sovereign and true to British connexion share the same feelings. Whilst among those who are less well-affected or more easily deceived, the suspension of all constitutional rights affords to reckless and unprincipled agitators a constant topic of excitement.

All parties therefore, without exception, demand a change. On the nature of that change there exists undoubtedly some difference of opinion. In a country so lately convulsed, and where passions are still so much excited, extreme opinions cannot but exist; and accordingly, while some persons advocate an immediate return to the former constitution of this province, others propose either the entire exclusion from political privileges of all of French origin, or the partial dismemberment of the province, with the view of conferring on one portion a representative system, while maintaining in the other a despotism.

I have observed, however, that the advocates of these widely different opinions have generally admitted them to be their aspirations, rather than measures which could practically be adopted, and have been unable to suggest any course except the union, by which that at which they aim, namely, constitutional government for themselves, could be permanently and safely established. There exists, too, even amongst these persons, a strong and prevailing desire that the Imperial Legislature should take the settlement of Canadian affairs at once into its own hands rather than that it should be delayed by a reference to individual opinions, or to the schemes which may be put forward by different sections of local parties.

The large majority, however, of those whose opinions I have had the opportunity of learning, both of British and French origin, and of those, too, whose character and station entitle them to the greatest authority advocate warmly the establishment of the union, and that upon terms of perfect fairness, not merely to the two provinces, but to the two races within this province. Of the extent to which this feeling, with regard to the upper province is carried, your Lordship will find a most conclusive proof in the resolution of the Special Council respecting the debt of Upper Canada. By this resolution a large sum, owing by that province on account of public works of a general nature, is proposed to be charged on the joint revenues of the United Province. Upon other details of the arrangement the same feeling prevails. It would be, however, useless for me to trouble your Lordship with respect to them, until I have had the opportunity of ascertaining the views and opinions entertained by the people of Upper Canada. If, however, as I trust, the principle of re-union should meet with their assent, I am of opinion that it can only be in consequence of demands of an unwarrantable character upon their part, that difficulty will arise in settling the principal terms.

To his Excellency the Right Honourable Charles Poulett Thomson, one of Her Majesty's most Honourable Privy Council, Governor-General of British North America, and Captain-General, and Governor-in-Chief, in and over the Provinces of Lower Canada and Upper Canada, Nova

Scotia, New Brunswick, and the Island of Prince Edward, and Vice-
Admiral of the same.

May it please your Excellency,

We, Her Majesty's dutiful and loyal subjects, the Special Council for the affairs of Lower Canada, at a meeting convened by your Excellency, under the authority and in pursuance of the statute in this behalf provided, beg leave respectfully to return to your Excellency our thanks for you! considerate care of the interests of this province, in having called our attention to Her Majesty's gracious message to both Houses of the Imperial Parliament, relative to the reunion of the provinces of Upper and Lower Canada, upon which important subject your Excellency has been pleased to desire the opinion of the Special Council.

In conformity with the desire of your Excellency, we have applied our deliberate consideration to the various complex interests and objects involved in the measure of reuniting the two provinces, and we most heartily express our humble gratitude to Her Majesty, for having granted her high sanction to a measure, which from our local knowledge and the experience we have had of the government of these provinces, and of their past and present political state, we deem to be essential to their future peace and welfare, and for the good, constitutional, and efficient government of them, under the protecting care and authority of Her Majesty, and the adoption of which we are intimately convinced has become of indispensable and urgent necessity.

In considering this contemplated measure, we have directed our attention to a few of the more prominent and important provisions, fit, as we conceive, to be embraced in it; and the views entertained by us on them, as well as on the measure itself, we have embodied in certain resolutions, which we have now the honour humbly to submit to your Excellency, as containing our opinion on the important subject, respecting which it has pleased your Excellency to consult us.

Special Council, Montreal,
14th November, 1839.

(Signed) J. STUART, Chairman.

ENCLOSURE II

Special Council, Wednesday, 13th November, 1839.

Resolved-That under existing circumstances, in order to provide adequately for the peace and tranquillity, and the good, constitutional, and efficient government of the provinces of Upper and Lower Canada, the reunion of these provinces under one legislature, in the opinion of this Council, has become of indispensable and urgent necessity.

Resolved-That the declared determination of Her Majesty, conveyed in Her gracious message to Parliament to reunite the provinces of Upper and Lower Canada, is in accordance with the opinion entertained by this Council, and receives their humble and ready acquiescence.

Resolved-That among the principal enactments, which, in the opinion of this Council, ought to make part of the Imperial Act for reuniting the provinces, it is expedient and desirable that a suitable civil list should be provided for securing the independence of the judges, and maintaining the executive government in the exercise of its necessary and indispensable functions.

Resolved-That regard being had to the nature of the public debt of Upper Canada, and the objects for which principally it was contracted, namely, the improvement of internal communications, alike useful and beneficial for both provinces, it would be just and reasonable, in the opinion of this Council, that such part of said debt, as has been contracted for this object, and not for defraying expenses of a local nature, should be chargeable on the revenues of both provinces.

Resolved-That the adjustment and settlement of the terms of the reunion of the two provinces, may, in the opinion of this Council, with all confidence be submitted to the wisdom and justice of the Imperial Parlia

ment, under the full assurance that provisions of the nature of those already mentioned, as well as such others as the measure of reunion may require, will receive due consideration.

Resolved-That in the opinion of this Council, it is most expedient with a view to the security of Her Majesty's North American provinces, and the speedy cessation of the enormous expense now incurred by the parent state for the defence of Upper and Lower Canada, that the present temporary legislature of this province should, as soon as practicable, be succeeded by a permanent legislature, in which the people of these two provinces may be adequately represented, and their constitutional rights exercised and maintained.

CXLVI

POULETT THOMSON TO A FRIEND

[Trans. G. Poulett Scrope, Memoir of the Life of the Rt. Honourable Charles, Lord Sydenham, (2nd Edn., London, 1844.]

Toronto, November 20th and December 8th, 1839.

I have succeeded in Lower Canada in far less time and with greater ease than I could have expected from Sir John Colborne's account to me of the state of feeling, especially in his own council. The fact is, that his council ran riot, and did not know how to proceed. I have given them my opinion strongly, at the same time that I expressed my willingness to hear and give due weight to theirs. This course has shortened business (for there is a strong wish to be guided by the Home Government), and produced unanimity. So far, therefore, as the Lower Province is concerned, I look upon the Union as settled. The decision, too, I have reason to know, gives the greatest satisfaction to the Province generally,and nearly all are prepared to accept the measure, if it can be carried through Parliament, with the utmost cordiality. The fact is, that all parties there are dead-sick of the present state of things, and desire a return to Constituional Governmen. Of course the extremes have their different crotchets for arriving at this end. The ultra-French desire an immediate return to the old Constitution. The ultra-British the disfranchisement of the French Canadians. But even they have been satisfied, I believe, by a little management and a good deal of firmness, that both were equally out of the question, and have now joined with the great mass who hold the middle opinion in favour of the Union measure. The "Canadian" and the "Montreal Herald" lie down together upon this point. In short, the unanimity is wonderful.

I have now the Upper Province to deal with, which will, I fear, be a more difficult matter. But I do not despair; and certainly, so far as all the real interests of the country are concerned, the Union is far more necessary to Upper Canada than to the other. If it were possible, the best thing for Lower Canada would be a depotism for ten years more; for, in truth the people are not yet fit for the higher class of self-governmentscarcely indeed, at present, for any description of it; and by carrying oneself the measures which a House of Assembly will probably never carry, one might gradually fit them for both, and at all events, leave them an amount of good institutions which the United Legislature, when it came, could not destroy. But in Upper Canada the case, as it appears to me, is widely different. The state of things here is far worse than I had expected. The country is split into factions animated with the most deadly hatred to each other. The people have got into the habit of talking so much of separation, that they begin to believe in it. The Constitutional party is as bad or worse than the other, in spite of all their professions of loyalty. The finances are more deranged than we believed even in England. The deficit, £75,000 a year, more than equal to the income. All public works suspended. Emigration going on fast from the province. Every man's property worth only half what it was. When I look to the state of Government, and to the departmental administration of the province, instead of

being surprised at the condition in which I find it, I am only astonished it has been endured so long. I know that, much as I dislike Yankee institutions and rule, I would not have fought against them, which thousands of these poor fellows, whom the Compact call rebels, did, if it were only to keep up such a Government as they got. The excitement upon "Responsible Government" is great. Not that I believe the people understand what they are clamouring for by that word; but that they feel the extreme uneasiness of their situation, owing to the financial embarrassments ,and hate the dominant party in the Government with intense hatred. I do not wonder at the cry for Responsible Government, when I see how things have been managed.

Then the Assembly is such a House! Split into half a dozen different parties. The Government having none-and no one man to depend on! Think of a House in which half the members hold places, yet in which the Government does not command a single vote; in which the placemen generally vote against the Executive; and where there is no one to defend the Government when attacked, or to state the opinion or views of the Governor! How, with a popular assembly, Government is to be conducted under such circumstances is a riddle to me. I am now more than ever satisfied that the Union affords the only chance of putting an end to the factions that distract the country; the only means of recruiting its finances by persuading Great Britain to help the Upper Canada Exchequer; the only means by which the present abominable system of government can be broken up, and a strong and powerful administration, both departmental and executive, be formed. And unless the people will assent to the general outline of it, and Parliament will then carry the details, upon which they would never agree, with a high hand, the province is lost. From all that I can hear or see, I would not give a year's purchase for our hold of it, if some great stroke is not given which shall turn men's thoughts from the channel in which they now run, and give a fresh impetus to public works, emigration, and the practical improvement of the country's resources.

It is indeed a pity to see this province in such a state. It is the finest country I ever knew, even what I have seen of it in a circle of thirty or forty miles from here; and by the accounts I receive the upper part is even superior. Lower Canada is not to be named in comparison. The climate, the soil, the water-power, and facilities of transport, finer than anything in North America.

Whether in their present state of violent excitement I shall be able to persuade the people to come to reasonable terms, I cannot venture to say; but I am sure it is the last and only chance. After having brought-and -to think that the French Canadians ought to have their full share of the representation, I shall not despair of anything. But what I hear, and have as yet seen, of the House of Assembly, is not encouraging. If they are not willing, however, I shall appeal to the people without hesitation; for the state of things admits of no delay, and no half measures.

CXLVII

POULETT THOMSON'S MESSAGE TO LEGISLATURE OF UPPER CANADA

[Trans. Christie, op cit. Vol. V.]

December 7th, 1839.

In pursuance of the intention expressed in his speech from the throne, the Governor General desires now to bring under the consideration of the House of Assembly, the subject of the re-union of this Province with Lower Canada, recommended by Her Majesty in her gracious message to both Houses of Parliament on the third of May last.

For several years the condition of the Canadas has occupied a large portion of the attention of Parliament. That they should be contented and

HH