cage tenure, and subjected all lands so holden to the English rules of alienation and descent. As a mere matter of fact there can be no doubt that the infusion of these parts of the law of England with the provincial code, was dictated by the most sincere wish to promote the general welfare of the people of Lower Canada. This was especially the case with regard to the criminal law, and is sufficiently apparent from the language of the 11th section of the Statute 14th Geo. III. chap. 83, with regard to the advantage to be anticipated from the substitution of tenure in soccage for feudal services. I may remark that Parliament could scarcely be otherwise than sincerely convinced of the benefit of that measure, since the maxims on which they proceeded, are in accordance with the conclusions of almost all the theoretical statesmen. I am not indeed anxious to know that these views were just, but I think it not immaterial to have it pointed out that the errors, if any, which they involve, can be attributed only to a sincere zeal for the good of those whom the enactInents in question more immediately effect.

I fully admit, however, that this is a subject of local and internal policy, upon which far greater weight is due to the deliberate judgment of enlightened men in the province than to any external authority whatever. Your Lordship will announce to the Council and Assembly, His Majesty's entire disposition to concur with them in any measure which they may think best adapted for ensuring a calm and com

prehensive survey of these subjects in all their bearings. It will then remain with the two Houses to provide such laws as may be necessary to render the Provincial code more uniform and better adapted to the actual condi. tion of Society in Lower Canada. To any laws prepared for that purpose and calculated to advance it, his Majesty's assent will be given with the utmost satisfaction. It is possible that a work of this nature would be best executed by commissioners to be especially designated for that purpose. Should such be your Lordship's opinion, you will suggest that mode of proceeding to both Houses of the Legislature, who, I am convinced would willingly incur whatever expenses may be inseparable from such an undertaking, unless they should themselves be able to originate any plan of inquiry and proceeding at once equally effective and economical.

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Eighthly The administration of justice is said to have become inefficient and unnecessarily expensive.

As the provincial tribunals derive their present constitution from local Statutes, and not from any exercise of his Majesty's prerogative, it is not within the power of the king to improve the mode of administering the law, or to diminish the cost of litigation. Your Lordship will, however, assure the House of Assembly that his majesty is not only ready but desirous to co-operate with them in the improvements of the judicial system, which the wisdom and experience of the two Houses may suggest. Your Lordship will immediately

assent to any bills which may be passed for that purpose, excepting in the highly improbable event of their being found open to some apparently conclusive objection. Even in that case, however, you will reserve any bills for improving the administration of the law for the signification of his Majesty's pleasure, instead of immediately rejecting them.

Ninthly The address then states that the confusion and uncertainty of which the House complains has been greatly increased by enactments affecting real property in the colony, made in the Parliament of the United Kingdom, since the establishment of the provincial Legislature, without those interested having even had an opportunity of being heard; and particularly by a recent decision on one of the said enactments in the provincial court of appeals.

His majesty's government can have no controversy with the House of Assembly upon this subject; the House cannot state in stronger terms than they are disposed to acknowledge, the fitness of leaving to the Legislature of Lower Canada, exclusively, the enactment of every law which may be required respecting real property within that province.

It cannot be denied, that at a former period, a different opinion was entertained by the British Government, and that the Statute Book of this kingdom contains various regulations on the subject of lands in Lower Canada, which might perhaps have been more conveniently enacted in the province itself. I apprehend, however, that this interference of Parliament was never invoked

except in the pressure of some supposed necessity; that there never was a period in which such acts were introduced by the ministers of the crown without reluctance.

To a certain extent the Statute 1, William IV, cap, which was passed at the instance of his Majesty's Government in the last Session of Parliament, has anticipated the complaint to which I am now referring, and has prevented its recurrence by authorizing the legislature to regulate whatever relates to the incidents of soccage tenure in the province, without reference to any real or supposed repugnancy of any such regulation to the law of England. If there is any other part of the British Statute law bearing upon this topic to which the council and assembly shall object, his Majesty's government will be prepared to recommend to Parliament that it should be repealed.

Tenthly It is stated that several Judges in the courts in the province have long been engaged in, and have even taken a public part in the political af fairs and differences of the province, at the same time holding offices at pleasure, and situations incompatible with the due discharge of their judicial functions.

Under this head again, it is very gratifying to the ministers of the crown to find that they had in a great measure obviated by anticipation the complaint of the House of Assembly. In the des patch which I addressed to your lordship on the 8th February, No. 22, every arrangement was made which could either be suggested or carried into effect by his Majesty's authority, for re

moving the Judges of the province from all connection with its public affairs, and from rendering them independent, at once of the authority of the crown, and the control of the other branches of the Legislature, thus placing them exactly in the same position as that of the Judges of the supreme courts at Westminster.

The judges themselves have, it appears, with laudable promptitude, concurred in giving effect to these recommendations, by discontinuing their attendance at the Executive Council. Nothing, therefore, in fact, remains for terminating all discussions upon this subject, but that the House of Assembly should make such a permanent provision of the Judges, as, without exceeding a just remuneration, may be adequate to their independent maintenance in that rank of life which belongs to the dignity of their station.

I am not aware that any Judge in Lower Canada holds any of fice, excepting that of the Executive Councillor, during the pleasure of the crown, or which is in any respect incompatible with the due discharge of his official functions. If any such case exists, your lordship will have the goodness immediately to report to me all the circumstances by which it may be attended, in order that the necessary instructions on the subject may be given. In the mean time, I may state, without reserve, that no Judge can be permitted to retain any office corresponding with the description thus given by the House of Assembly, in combination with that independent position, on the bench to which I have referred.

address

Eleventhly The proceeds to state, that during a long series of years, executive and judiciary offices have been bestowed almost exclusively upon one class of subjects in the Province, and especially upon those the least connected by property or otherwise with its permanent inhabitants, or who have shown themselves the most averse to the rights, liberties and interests of the people. It is added that several of these persons avail themselves of the means afforded by their situations, to prevent the constitutional and harmonious co-operation of the Government and the House of Assembly, and to excite ill feeling and discord between them, while they are remiss in their different situations to forward the public business.

I quote thus largely the language of the address, because I am desirous to meet every part of it in the most direct manner, as well as in the most conciliatory spirit. It is not from any want of that spirit that I recommend you to suggest for the consideration of the House of Assembly, how far it is possible that His Majesty should clearly understand or effectually redress a grievance which is brought under his notice, in terms thus definite. If any public officers can be named, who are guilty of such an abuse of their powers, and of such remissness in their duties as are implied in the preceding quotation, His Majesty would not be slow to vindicate the public interests, by removing any such from service. If it can be shown that the patronage of the crown has been exercised upon any narrow and

exclusive maxim, they cannot be too entirely disavowed and abandoned, especially if it be true, that the permanent inhabitants of the colony do not enjoy a full participation in all public employments. The House of Assembly may be assured, that his Majesty can have no desire that any such invidious distinctions should be systematically maintained. Beyond this general statement it is not in my power to advance. I am entirely ignorant of the specific cases to which the general expressions of the Assembly point. I can only state, that since his Majesty was pleased to entrust to myself the Seals of the Department, no opportunity has occurred for exercising the patronage of the crown in Lower Canada, to which it is possible that the Assembly can refer; nor have any inquiries brought to light any particular case of a remote date to which their language would appear to be applicable. Twelfthly The next subject of complaint is developed in the following words: - That there exists no sufficient responsibility on the part of the persons holding these important situations, nor any adequate accountability among those of them entrusted with public money, the consequence of which has been the misapplication of large sums of public money, and of the money of individuals, by defaulters, with whom deposits were made under legal authority, hitherto without - reimbursement or redress having been obtained notwithstanding the humble representations of your petitioners.

It would be impossible without a violation of truth, to deny, that at a period not very remote, heavy losses were sustained both by the public and by individuals from the want of proper securities having been taken by public accountants, and still more from the want of a proper system of passing and auditing these accounts. I find however, that in his despatch of the 29th Septemfber, 1828, Sir George Murray adverted to this subject in terms. to which I find it difficult to make any useful addition. His words are as follows: 'The complaints which have reached this office respecting the inadequate security given by the Receiver General and the Sheriffs for the due application of public money in their hands have not escaped the more serious attention of the Ministers of the crown. must effectual security against abuses of this nature would be to prevent the accumulation of balances in the hands of public accountants, by obliging them to exhibit their accounts to some competent authority at short intervals, and immediately to pay over the ascertained balance. The truth of having punctually performed this duty should be made the indispensable condition of receiving their salaries, and of their continuance in office.'

The

In the country of New South Wales a regulation of this nature has been established under his Majesty's instructions to the Governor of that settlement, and it has been productive of great public convenience. If a similar practice were introduced in Low

er Canada for the regulation of the office of Receiver General, and for that of Sheriff, the only apparent difficulty would be to find a safe place of deposit for their balances. I am, however, authorized to state, that the Lords Cominissioners of his Majesty's Treasury will hold themselves responsible to the Province for any sum which the Receiver General or Sheriff may pay over to the Commissary General. Your Excellency therefore, will propose to the Legislative Council and Assembly the enactment of a law binding these officers to render account of the receipts at short intervals, and to pay over the balances in their hands to the Commissary General, upon condition, that that officer shall be bound on demand to deliver bills on His Majesty's Treasury for the amount of his receipts. I trust that in this proposal the Legislature will find a proof of the earnest desire of His Majesty's Government to provide, as far as may be practicable, an effectual remedy for every case of real grievance.

If the preceding instructions have proved inadequate to the redress of the inconvenience to which they refer, I can assure your lordship of the cordial concurrence of His Majesty's Government in any more effective measures which may be recommended for the purpose either by yourself, or by either Houses of the Provincial Legislature.

The losses which the Province sustained by the default of the late Mr Caldwell is a subject which His Majesty's Government

contemplate with the deepest regreta feeling enhanced by the painful conviction of their inabil ity to afford to the Provincial Revenue, any adequate compensation for so serious an injury. What is in their power they have gladly done by the instruction conveyed to your Lordship in the early part of this despatch, to place at the disposal of the Legislature for general purposes the sum of £7,154 15s 44d recovered from Mr Caldwell's property. The Assembly will, I trust, accept this as a proof of the earnest desire of His Majesty's Government to consult to the utmost of their ability the pecuniary interests of the Province.

Thirteenthly The address proceeds to state' the evils of this state of things have been greatly aggravated by enactments made in the Parliament of the United Kingdom without even the knowledge of the people of this colony, which enactments have rendered temporary duties imposed by the Provincial Legislature permanent, leaving in the hands of public officers over whom the Assembly has no effectual control, large sums of money arising within this Province, which are appled by persons subject to no sufficient accountability.

I understand this complaint to refer to the 21st clause of the stat. 3, George IV, cap. 129. The duties mentioned in that enactment are continued until some act for repealing or altering them shall be passed by the Legislative Council and Assembly of Lower Canada; and until a copy of any such new act shall have