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3. It is right that I should ex- • Mr Speaker and Gentlemen of the plain to you that, (the colonial House of Assembly : law being disallowed), excepting
"With a view of preventing you you prepare another act to which
from the trouble of preparing, I can give my assent, we must necessarily have recourse to the and myself from the pain of recommon law of England to reg
fusing my assent to any act, after ulate our proceedings with respect I think it right to inform you that
have passed your House, to our juries. The common law, I am expressly prohibited by my which obtains in all cases not specially provided for by statute, Royal sign Manual, from permit
orders and instructions under the acknowledges no difference in the color of a man's skin as a
ting any law to be re-enacted reason for debarring him from the which has been once disallowed, free exercise of his civil rights
. while it contains the objectionable The free people of color in these clause or enactment, on account Islands are consequently, (cæteris withheld. It rests therefore enparibus) as eligible by law, at this withheld. It rests therefore enmoinent, to sit both on grand and tirely with you, Gentlemen, to petty juries, as any other inhabi- consider and to determine wheth
will With a view to the exclu
pass such sion of ignorant or incapable peo- juries, as I have described, gov
a bill, for the regulation of your ple, you may regulate the amount of the qualification by a colonial erned in the matter of your grand act for either jury; the law, how- and petty juries by the common ever, must be impartial, and law of England. equally affect all jurors, without
J. CARMICHAEL Smyth. any reference to color, to none Council Chamber, 31st May, 1831.' other can I give my assent.
Copy of a despatch received from Your Lordship’s assurance of
Viscount Goderich, his Majes- the favorable change in the genty's Secretary for the Colonies, eral disposition of the House of by Lord Aylmer, and by him Assembly of Lower Canada tocommunicated to the House of wards the close of their last sesAssembly of Lower Canada, on sion, and your Report of the the 16th ult.
warm attachment borne by the Downing-street, 7th July, 1831. people at large to bis Majesty's My Lord, I have received, and person and Government, and to have laid before the King, your the constitution under wbich they Lordship's despatches of the 5th, live, have been received by his 6th and 7th April last, Nos 24, Majesty with lively satisfaction. 25 and 26.
The King has been also gra
ciously pleased to express his ap- I shall observe the order which probation of the efforts made by they have followed, and with a your Lordship to ascertain with view to perspicuity, I shall preprecision the full extent of the face each successive instruction grievances of which the Assem- which I have his Majesty's combly consider themselves entitled mands to convey to your Lordto complain ; and assuming, in ship, by the quotation of the concurrence with your Lordship, statements made upon the same that the address of the Assembly topic by the Assembly themselves. contains a full development of Firstly — It is represented that those grievances, the exposition the progress which has been which is to be there found to the made in the education of the
peoviews of that body, justifies the ple of this province, under the satisfactory inference that there encouragement afforded by the remains scarcely any question recent acts of the Legislature, upon
which the wishes of that has been greatly impeded by the branch of the Legislature are at diversion of the revenues of the variance with the policy which his Jesuits' estates originally destined Majesty has been advised to pur- for this purpose. sue, and I therefore gladly antici- His Majesty's Government do pate the speedy and effectual ter- not deny that the Jesuits' estates mination of those differences on the dissolution of that which have heretofore so much order, appropriated to the educaembarrassed the operations of the tion of the people, and I readily local government.
admit that the revenue which may No office can be more grateful result from the property should to the King than that of yielding be regarded as inviolably and exto the reasonable desires of the clusively applicable to that subRepresentative body of Lower ject. Canada, and while his Majesty's It is to be regretted undoubtservants have the satisfaction of edly that any part of those funds feeling, that upon some of the were ever applied to any other most important topics referred to purpose, but although in former in the address of the Assembly, times your Lordship’s predecesits wishes have been anticipated, sors may have had to contend and they trust that the instruc- with difficulties, which caused, tions which I am now about to and excused, that mode of apconvey to you will still further propriation, I do not feel myevince their earnest desire to sell now called upon to enter incombine with the due and lawful to any consideration of that part exercises of the constitutional au- of the subject. thority of the crown, an anxious If, however, I may rely on the solicitude for the well being of all returns which have been made classes of his faithful subjects in to this department, the rents of the province.
the Jesuits' estates have, during I proceed to notice the various the last few years, been devoted topics embraced in the address exclusively to the purpose of eduof the Assembly to the King cation, and my despatch dated the
24th December last, marked' sep
arrangement in a manner satisfacarate,' sufficiently indicates that tory to your Lordship) to acquihis Majesty's Ministers had resolv- esce in the appropriation of the ed upon a strict adherence to that buildings in the question to the principle several months before
same purposes as those to which the present address was adopted. the general funds of the Jesuits'
The only practical question estates are now about to be rewhich remains for consideration stored. is, whether the appropriation of
I should fear that ill founded these funds for the purpose of expectations may have been ineducation should be directed by dulged respecting the value and his Majesty, or by the Provincial productiveness of the Jesuits' esLegislature.
In this, as in most other The King cheerfully, and cases, concealment appears to without reserve, confides that du- have been followed by exaggeraty to the Legislature in the full per- tions as its natural consequence. suasion that they will make such Had the application of the Asa selection among the different sembly, for an account of the plans for this purpose, which may proceeds of these estates been be presented to their rotice, as granted, much mnisapprehension may most effectually advance the would probably have been disinterests of religion and sound pelled. My regret from the eflearning among bis subjects; and fect of your decision to withhold I cannot doubt that the Assembly these accounts, does not, howevwill see the justice of continuing er, render me insensible to the to maintain, under the new distri- propriety and apparent weight of bution of these funds, those schol- the motives by which your judgastic establishments to which ment was guided; disavowing, they are now applied.
however, every wish for concealI understand that certain build- ment, I am to instruct your lordings in the Jesuits' estates, which ship to lay these accounts before were formerly used for collegiate the Assembly in the most compurposes, have since been uni- plete detail at the commenceformly employed as a barrack for ment of their next session, and the King's troops. It would ob- to supply the House with any viously be bighly inconvenient to further explanatory statements attempt any immediate change in which they require respecting this respect, and I am convinced them. that the Assembly would equally It appearing that the sum of regret any measure which might £2,154 15s. 4d. has been recovdiminish the comfort or endanger ered from the late Mr Caldwell's the health of the King's forces. property in respect of the claims If, however, the Assembly should of the crown against him on acbe disposed to provide adequate count of the Jesuits' estates, barracks, so as perinanently to your lordship will cause that sum secure those important objects, to be placed at the disposal of his Majesty will be prepared the Legislature for general pur(upon the completion of such an poses. The sum of £1,280 3s.
4d. which was also recovered on the constitution. How far that account of the same property, body may have actually countermust also be placed at the dispo- acted the wishes of the Assembly sal of the legislature, but should, on this subject, I am not very exwith reference to the principles actly informed, nor would it bealready noticed, be considered as come me to express an opinion applicable to the purpose of ed- on the wisdom or propriety of ucation exclusively.
any decision which they may have Secondly — The House of formed of that nature. The asAssembly represent that the pro- sembly, however, may be assurgress of education has been im- ed that whatever legitimnate inpeded by the withholding the Auence his Majesty's Government grants of land promised for schools can exercise will always be emin the year 1804.
ployed to promote in every direcOn referring to the speech de- tion all measures which may have livered in that year by the Gov- for their object, the religious, morernor to the Houses as the pro- al, or literary instruction of the vincial legislature, I find that such people of Lower Canada. an engagement as the address re- Fourthly — The address profers to was actually made. It of ceeds to state that the inanagecourse, therefore, is binding on ment of the waste lands of the the Crown and must now be car- crown has been vicious and imried into effect, unless there be provident, and still impedes the any circumstances of which I ain settlement of those lands. not apprized, which may have This subject has engaged and cancelled the obligation contract- still occupies my most anxious ated in 1801, which may bave ren- tention, and I propose to address dered the fulllment of it at the your lordship upon it, at length, present time impracticable. If in a separate despatch. The any such circumstances really ex- considerations connected with the ist, your lordship will report ihem settlement of waste lands are too to me immediately, in order that numerous and extensive to be the fit course to be taken may be conveniently embodied in a desfurther considered.
patch embracing so many other Thirdly — The objection by objects of discussion. the Legislative Council of vari- Fifthly - The exercise of ous Bills in favor of education, Parliament in its power of reguis noticed as the last of the impe- lating the trade of the Province diments to the progress of edu- is said to have occasioned injucation.
rious uncertainty in mercantile Upon this subject it is obvious speculations and prejudicial flucthat his Majesty's Government tuations in the value of real eshave no power of exercising any tate, and of the different branchcontrol, and that they could not es of industry connected with interfere with the free exercise trade. of the discretion of the Legisla- It is gratifying to find that this tive Council, without the violation complaint is connected with a of the most undoubted maxims of frank acknowledgment that the
power in question has been ben- Sixthly — The Assembly in eficially exercised on several oc- their address proceed to state casions, for the prosperity of that the inhabitants of the differLower Canada. It is, I fear, an ent towns, parishes, townships, unavoidable consequence of the extra parochial places and counconnection which happily subsists ties of the Province, suffer from between the two countries, that the want of sufficient legal power Parliament should occasionally for regulating and managing their require of the commercial body local concerns. of Lower Canada some mutual I am happy in the opportunity sacrifices for the general good of which at present presents itself of the empire at large. I therefore demonstrating the desire of his shall not attempt to deny that the Majesty's Government to co-opchanges in the commercial poli- erate with the local Legislature cy of this kingdom during the in the redress of every grievlast few years may have been ance of this nature.
The three productive of occasional inconve- Bills which your Lordship renience and loss to that body, since served for the signification of his scarcely any particular interest Majesty's pleasure in the last sescan be mentioned in Great Brit- sion of the assenbly, for establishain of which some sacrifice has ing the parochial divisions of the not been required during the same Province, and for the incorporaperiod. The most which can be tion of the cities of Quebec and effected by legislation, on such a Montreal, will be confirmed, and subject as this, is a steady, though finally enacted by his Majesgradual advance, towards those ty in council with the least possigreat objects which an enlighten- ble delay, and I expect to be able ed system of commercial regula- very shortly to transmit to your tions contemplates. The relaxa- Lordship the necessary orders, in tion of restrictions on the trade council for that purpose. of the British Colonies, and the Sevenihly — I proceed to the development of their resources next subject of complaint, which have been kept steadfastly in is, that uncertainty and confusion view amidst all the alterations to have been introduced into the which the address refers, and I law for the security and regulaconfidently rely on the candor of tion of property, by the intermisthe House of Assembly to admit ture of different codes of Laws that, upon the whole, no inconsid- and rules of proceeding in the erable advance towards those courts of justice. great ends has been made. They The intermixture to which the may rest assured that the same address resers, so far as I am principles will be steadily borne in aware, arises from the English mind by his Majesty's Govern- criminal code having been mainment in
every modification of the tained by the British Statute of existing law which they may at 1774, and from the various acts any future time have occasion to of Parliament which have introrecommend to Parliament. duced into the Province the soc