92 Resolutions, Last part!!!!

And here is the last part of the 92 Resolutions, just in time for the Journee des Patriotes.

“92 Resolutions”

 

Here is the final installment of the 92 Resolutions.  Again, because it is seriously long, I am parceling the resolutions out five at a time, and for interest’s sake, am providing biographical information on those mentioned by name in the document.  Enjoy.

 

Taken from :

“The 92 Resolutions” taken from Statutes, Treaties and Documents of the Canadian Constitution, 1713-1929 (Toronto: Oxford University Press, 1930).

(notes my own)

 

 

86. Resolved, that this House hopes and believes, that the independent members of both Houses of the Parliament of the United Kingdom will be disposed, both from inclination and from a sense of duty, to support the accusations brought by this House, to watch over the preservation of its rights and privileges which have been so frequently and violently attacked, more especially by the present administration; and so to act, that the people of this province may not be forced by oppression to regret their dependence of the British Empire, and to seek elsewhere a remedy for afflictions.

87. Resolved, that this House learned, with gratitude, that Daniel O’Connell, Esq. [1775-1847, Irish politician, leader of the Catholic Emancipation movement, and first Catholic MP in 1830; see- http://www.clarelibrary.ie/eolas/coclare/people/daniel.htm ]had given notice in the House of Commons in July last, that during the present session of the Imperial Parliament, he would call its attention to the necessity of reforming the Legislative and Executive Councils in the two Canadas; and that the interest thus shown for our own fate by him whom the gratitude and blessings of his countrymen have, with the applause of the whole civilized world, proclaimed Great and Liberator, and of whom our fellow countrymen entertain corresponding sentiments, keeps alive in us the hope that through the goodness of our cause and the services of such a friend, the British Parliament will not permit a minister, deceived by the interested representations of the provincial administration and its creatures and tools, to exert (as there is reason from his despatches to apprehend that he may attempt to do) the highest degree of oppression, in favour of a system which in better times he characterized as faulty, and against subjects of His Majesty’s who are apparently only known to him by the great patience with which they have waited in vain for promised reforms.

88. Resolved, that this House has the same confidence in Joseph Hume, Esq., [1777-1855, Radical British politician, see- http://www.liberalhistory.org.uk/item_single.php?item_id=30&item=biography ]  and feels the same gratitude for the anxiety which he has repeatedly shown for the good government of these colonies, and the amelieoration of their laws and constitutions, and calls upon the said Daniel O’Connell and Joseph Hume, Esqrs., whose constant devotedness was, even under a tory ministry, and before the reform of parliament, partially successful in the emancipation of Ireland, from the same bondage and the same political inferiority with which the communications received from the Colonial Secretary during the present session menace the people of Canada, to use their efforts that the laws and constitution of this Province may be amended in the manner demanded by the people thereof; that the abuses and grievances of which the latter have to complain may be fully and entirely redressed; and that the laws and constitution may be hereafter administered in a manner consonant with justice, with the honour of the Crown and of the people of this province, and of this House by which they are represented.

89. Resolved, that this House invites the members of the minority of the Legislative Council who partake the opinions of the people, the present members of the House of Assembly, until the next general election, and afterwards all the members then elected, and such other persons as they may associate with the members then elected, and such other persons as they may associate with them, to form one committee or two committees of correspondence, to sit at Quebec and Montreal in the first instance, and afterwards at such place as they shall think proper; the said committees to communicate with each other, and with the several local committees which may be formed in different parts of the province, and to enter into correspondence with the Hon. Denis Benjamin Viger, [1774-1861, politician, see- http://www.assnat.qc.ca/fr/deputes/viger-denis-benjamin-5709/biographie.html ] the agent of this province in England, with the said Daniel O’Connell and Joseph Hume, Esqrs., and with such other members of the House of Lords or of the House of Commons, and such other persons in the United Kingdom of Great Britain and Ireland, as they may deem expedient, for the purpose of supporting the claims of the people of this province and of this House; of furnishing such information, documents, and opinions as they may think adapted to make known the state, wishes and wants of the province; the said committees also to correspond with such person as they shall think proper in the other British colonies do not sink under the violent attempt to perpetuate the abuses and evils which result as well from the vices of its constitution as from the combined malversation of the administrative, legislative and judicial departments, out of which have sprung insult and oppression for the people, and by a necessary consequence, hatred and contempt on their part for the provincial government.

90. Resolved, That the Honourable Denis Benjamin Viger be requested to remain at the seat of His Majesty’s Government, at least during the present session of the Imperial Parliament, to continue to watch over the interests of the province with the same zeal and the same devotedness as heretofore, without suffering himself to be discouraged by mere formal objections on the part of those who are unwilling to listen to the complaints of the country.

91. Resolved, that the fair and reasonable expenses of the said two committees of correspondence, incurred by them in the performance of the duties entrusted to them by this House, are a debt which it contracts towards them; and that the representatives of the people are bound in honour to use all constitutional means to reimburse such expenses to the said Committee, or to such persons as may advance money to them for the purpose above-mentioned.

92. Resolved, that the message from His Excellency the Governor-in-Chief, received on the 13^th of January last, and relating to the writ of election for the county of Montreal, with the extract from a dispatch which accompanied it, the message from the same, received the same day, and relating to the Supply Bill, and the message from the same, received on the 14^th January last, with the extract from a dispatch which accompanied it, be expunged from the journals of this House.

92 Resolutions, Part 16

Part 16

“92 Resolutions”

 

Here is the sixteenth installment of the 92 Resolutions.  Again, because it is seriously long, I am parceling the resolutions out five at a time, and for interest’s sake, am providing biographical information on those mentioned by name in the document.  Enjoy.

 

Taken from :

“The 92 Resolutions” taken from Statutes, Treaties and Documents of the Canadian Constitution, 1713-1929 (Toronto: Oxford University Press, 1930).

(notes my own)

 

 

81.  Resolved, That as the grand inquest of the province, it is the duty of this House to inquire concerning all grievances, and all circumstances which may endanger the general welfare of the inhabitants of the province, or be of a nature to excite alarm in them with regard to their lives, their liberty and their property, to the end that such representations may be made to our Most Gracious Sovereign, or such legislative measures introduced, as may lead to the redress of such grievances, or tend to allay such alarm; and that far from having a right to impede the exercise of these rights and privileges, the Governor-in-Chief is deputed by his Sovereign, is invested with great powers, and receives a large salary, as much for defending the rights of the subject and facilitating the exercise of the privileges of this House and of all constituted bodies, as for maintaining the prerogatives of the Crown.

82. Resolved, that since the commencement of the present session, a great number of petitions relating to the infinite variety of objects connected with the public welfare, have been presented to this House, and many messages and important communications received by it, both from His Majesty’s Government in England and from His Majesty’s Provincial Government; that many bills have been introduced in this House, and many important inquiries ordered by it, in several of which the Governor-in-Chief is personally and deeply implicated; that the said petition from our constituents, the people of all parts of this province; the said communications from His Majesty’s Government in England and from the Provincial Government; the said bills already introduced or in preparation; the said inquiries commenced and intended to be diligently prosecuted, may and must necessitate the presence of numerous witnesses, the production of numerous papers, the employment of numerous clerks, messengers and assistants, and much printing, and lead to inevitable and daily disbursements, forming the contingent expenses of this House.

83. Resolved, that from the year 1792 to the present, advances had constantly been made to meet these expenses, on addresses similar to that presented this year by this House to the Governor-in-Chief, according to the practice adopted by the House of Commons; that an address of this kind is the most solemn vote of credit which this House can pass, and that almost the whole amount of a sum exceeding £277,000 has been advanced on such votes by the predecessors of his Excellency the Governor in Chief, and by himself (as he acknowledges by his message of the 18^th of January, 1834) without any risk having ever been in incurred by any other governor on account of any such advance, although several of them have had differences, attended by violence and injustice on their part, with the House of Assembly, and without their apprehending that the then next Parliament would not be disposed to make good the engagements of the House of Assembly for the time being; and that this refusal of the Governor-in-Chief, in the present instance, essentially impedes the dispatch of the business for which the Parliament was called together, is derogatory to the rights and honour of this House, and forms another grievance for which the present administration of this province is responsible.

84.  Resolved, that besides the grievances and abuses before mentioned, there exist in this province a great number of others (a part of which existed before the commencement of the present administration, which has maintained them, and is the author of a portion of them) with regard to which this House reserves to itself the right of complaining and demanding reparation, and the number of which is too great allow of their being enumerated here; that this House points out, as among that number.

1stly.  The vicious composition and the irresponsibility of the Executive Council, the members of which are at the same time judges of the Court of Appeals, and the secrecy with which not only the functions, but even the names of the members of that body are kept from the knowledge of this House, when inquiries have been instituted by it on the subject.

2dly. The exorbitant fees illegally exacted in certain of the public offices, and in others connected with the judicial department, under regulations made by the Executive Council, by the judges, and by other functionaries usurping the powers of the legislature.

3dly. The practice of illegally calling upon the judges, to give their opinions secretly on questions which may afterwards publicly and contradictorily argued before them; and the opinions themselves so given by the said judges, as political partisans, in opposition to the laws, but in favour of the administration for the time being.

4thly. The cummulation of public places and offices in the same persons, and the efforts made by a number of families connected with the administration, to perpetuate this state of things for their own advantage, and for the sake of domineering for ever, with interested views and in the spirit of the party, over the people and their representatives.

5thly. The intermeddling of members of the Legislative Councils in the election of the representatives of the people, for the purpose of influencing and controlling them by force, and the selection frequently made of returning officers for the purpose of securing the same partial and corrupt ends; the interference of the present Governor-in-chief himself in the said elections; his approval of the intermeddling of the said legislative councilors in the said elections; the partiality with which he intervened in the judicial proceedings connected with the said elections, for the purpose of influencing the said proceedings, in a manner favourable to the military power and contrary to the independence of the judicial power; and the applause which, as commander of the forces, he bestowed upon the sanguinary execution of the citizens by the soldiery.

6thly. The interference of the armed military force at such elections, through which three peacable citizens, whose exertions were necessary to the support of their families, and who were strangers to the agitation of the election, were shot dead in the streets [Montreal West Ward Elections, 1834]; the applause bestowed by the Governor in chief and Commander of the Forces on the authors of this sanguianary military execution (who had not been acquitted by a petty jury) for the firmness and discipline displayed by them on that occasion.

7thly. The various faulty and partial systems which have been followed ever since the passing of the Constitutional Act [1792], with regard to the management of the waste lands in this province, and have rendered it impossible for the great majority of the people of the country to settle on the said lands; the fraudulent and illegal manner in which, contrary to His Majesty’s instructions, Governors, Legislative and Executive Councillors, Judges and subordinate officers have appropriated to themselves large tracts of the said lands; the monopoly of an extensive portion of the said lands in the hands of speculators residing in England, with which the province is now threatened; and the alarm generally felt therein with regard to the alleged participation of His Majesty’s Government in this scheme, without its having deigned to re-assure his faithful subjects on this head, or to reply to the humble address to His Majesty adopted by this House during the last session.

8thly. The increase of the expenses of the Government without the authority of the Legislature, and the disproportion of the salaries paid to the public functionaries for the services performed by them, to the rent of real property, and to the ordinary income commanded by the exertions of persons possessing talent, industry and economy equal to, or greater than those of the said functionaries.

9thly. The want of all recourse in the courts of law on the part of those who have just and legal claims on the Government.

10thly. The too frequent reservation of bills for the signification of His Majesty’s pleasure, and the neglect of the Colonial Office to consider such bills, a great number of which have never been sent back to the province, and some of which have even been returned so late that doubts may be entertained as to the validity of the sanction given to them; a circumstance which has introduced irregularity and uncertaintly into the legislation of the province, and is felt by this House as an impediment to the re-introduction of the bills reserved during the then prededing session.

11thly.  The neglect on the part of the Colonial Office to give any answer to certain addresses transmitted by this House on important subjects; the practice followed by the administration of communicating in an incomplete manner, and by extracts, and frequently without giving their dates, the despatches received from time to time on subjects which have engaged the attention of this House; and the too frequent references to the opinion of His Majesty’s Ministers in England, on the part of the provincial administration, upon points which it is in their power and within their power to decide.

12thly.  The unjust retention of the college at Quebec, which forms part of the estates of the late Order of Jesuits, and which from a college has been transformed into a barrack for soldiers; the renewal of the lease of a considerable portion of the same estates, by the Provincial executive, in favour of a member of the Legislative Council, since those estates were returned to the Legislature, and in opposition to the prayer of this House, and to the known wishes of a great number of His Majesty’s subjects to obtain lands there, and to settle them; and the refusal of the said executive to communicate the said lease, and other information on the subject, to this House.

13thly. The obstacles unjustly opposed by the executive, friendly to abuses and to ignorance, to the establishment of colleges endowed by virtuous and disinterested men, for the purpose of meeting the growing desires of the people for the careful education of their children.

14thly. The refusal of justice with regard to the accusations brought by this House, in the name of the people, against judges, for flagrant acts of malversation, and for ignorance and violation of the law.

15thly. The refusals on the part of the governors, and more especially of the present Governor-in-Chief, to communicate to this House, the information asked for by it, from time to time, and which it had a right to obtain, on a great number of subjects connected with the public business of the province.

16thly. The refusal of His Majesty’s Government to reimburse the province the amount for which the late Receiver-General was a defaulter, and its neglect to enforce the recourse which the province was entitled to against the property and person of the late Receiver-General.

85. Resolved, that the facts mentioned in the foregoing resolutions, demonstrate that the laws and constitutions of the province have not, at any period, been administered in a manner more contrary to the interests of His Majesty’s Government, and to the rights of the people of this province, than under the present administration, and render it necessary that his Excellency Matthew Lord Aylmer, of Balrath, the present Governor-in-Chief of this province, be formally accused by this House, of having, while acting as Governor, in contradiction to the wishes of the Imperial Parliament, and to the instructions he may have received, and against the honour and dignity of the Crown, and the rights and privileges of this House and the people whom it represents, so recomposed the Legislative Council as to the augment the dissensions which rend this colony; of having seriously impeded the labours of this House, acting as the grand inquest of the country; of having disposed of the public revenue of the province, against the consent of the Reprensentatives of the people, and in violation of the law and constitution; of having maintained existing abuses, and created new ones; of having refused to sign a writ for the election of a representative to fill a vacancy which had happened in this House, and to complete the number of representatives established by law for this province; and that this House expects from the honour, patriotism and justice of the reformed Parliament of the United Kingdom, that the Commons of the said Parliament will bring impeachments, and will support such impeachments before the House of Lords against the said Matthew Lord Aylmer, for his illegal, unjust and unconstitutional administration of the government of this province; and against such of the wicked and perverse advisers who have misled him, as this House may hereafter accuse, if there be no means of obtaining justice against them in the province, or at the hands of His Majesty’s Executive Government in England.

 

92 Resolutions, part 16

Part 16

“92 Resolutions”

 

Here is the sixteenth installment of the 92 Resolutions.  See almost done…. Again, because it is seriously long, I am parceling the resolutions out five at a time, and for interest’s sake, am providing biographical information on those mentioned by name in the document.  Enjoy.

 

Taken from :

“The 92 Resolutions” taken from Statutes, Treaties and Documents of the Canadian Constitution, 1713-1929 (Toronto: Oxford University Press, 1930).

(notes my own)

 

71.  Resolved, That this House will hold responsible for all monies which have been, or may hereafter be paid, otherwise than under the authority of an Act of the Legislature, or upon an address of this House, out of the public revenue of the said judges have, in violation of the laws, attempted to abolish the use of the courts of law of the language spoken by the majority of the inhabitants of the country, which is necessary to the free action of the laws, and forms a portion of the  usages guaranteed to them in the most solemn manner by the law of nations and by statutes of the British Parliament.

78.  Resolved, that some of the said judges, through partiality for political purposes, and in violation of the criminal law of England as established in this country, of their duty and of their oath, have connived with divers law officers of the Crown, acting in the interest of the Provincial Administration, to allow the latter to engross and monopolize all criminal prosecutions of what nature soever, without allowing the private prosecutor to intervene or be heard, or any advocate to express his opinion as amicus curiae, when the Crown officers opposed it; that in consequence of this, numerous prosecutions of a political nature have been brought in the courts of law by Crown officers against whose opinions were unfavourable to the Administration for the time being; while it was impossible for the very numerous class of His Majesty’s subjects to which the latter belonged to commerce with the slightest confidence any prosecution against those who, being protected by the Administration, and having countenanced its acts of violence, had been guilty of crimes or misdemeors; that the tribunals aforesaid have, as far as the persons composing them are concerned, undergone no modification whatever, and inspire the same fears for the future.

79. Resolved, That this House, as representing the people of this province, possesses of right, and has exercised within this province when occasion has required it, all the powers, privileges, and immunities claimed and possessed by the Commons of the House of Parliament in the Kingdom of Great Britain and Ireland.

80. Resolved, that it is one of the undoubted privileges of this House to send for all persons, papers and records, and to command the attendance of all persons, civil or military, resident within the province, as witnesses in all investigations which this House may deem it expedient to institute; and to require such witnesses to produce all papers and records in their keeping, whenever it shall deem it conductive to the public good to do so.

 

92 Resolutions, part 15

Part 15

“92 Resolutions”

Here is the fifteenth installment of the 92 Resolutions.  Again, because it is seriously long, I am parceling the resolutions out five at a time, and for interest’s sake, am providing biographical information on those mentioned by name in the document.  Enjoy.

 

Taken from :

“The 92 Resolutions” taken from Statutes, Treaties and Documents of the Canadian Constitution, 1713-1929 (Toronto: Oxford University Press, 1930).

(notes my own)

 

66. Resolved, That the Executive Government has endeavoured by means of the arbitrary regulations aforesaid, and particularly by the sale of the waste lands of the Crown, and of the timber on the same, to create for itself out of the dependent control of the representatives of the people; and that the result has been a diminution of the wholesome influence which the people have constitutionally the right of exercising over the administrative branch of the Government, and over the spirit and tendency of its measures.

67. Resolved, That this House, having from time to time, with a view to proceed by bill, to restore regularity to the financial system of the province, and to provide, for the expenses of the administration of justice and of His Majesty’s Civil Government therein, asked the Provincial Government by address for divers documents and accounts relating to financial matters, and to abuses connected with them, has met with repeated refusals, more especially during the present session and the preceding one; that divers subordinate public functionaries, summoned to appear before committees of this House to give information on the said subject, have refused to do so in pursuance of the said claim set up by the Provincial Administrations to withdraw a large portion of the public income and expenditure from the control and even from the knowledge of this House; that during the present session one of the said subordinate functionaries of the Executive being called upon to produce the originals of sundry registers of warrants and reports, which it was important to this House to cause to be examined, insisted on being present at the deliberations of the committee appointed by the House for that purpose; and that the head of the administration being informed of the fact, refrained from interfering, although in conformity to Parliamentary usage, this House had pledged itself that the said documents should be returned, and although the Governor-in-Chief [Matthew Whitworth-Aylmer, 5^th Baron Aylmer, 1775-1850, see: http://www.biographi.ca/009004-119.01-e.php?&id_nbr=3723 ] had himself promised communication of them.

68. Resolved, That the result of the secret and unlawful distribution of a large portion of the public revenue of the province has been, that the Executive Government has always, except with regard to appropriations for objects of a local nature, considered itself bound to account for the public money to the Lords Commissioners of the Treasury in England, and not to this House, nor according to its votes, or even in conformity to the laws passed by the Provincial Legislature; and that the accounts and statements laid before this House from time to time have never assumed the shape of a regular system of balanced accounts, but have been drawn up, one after another, with such alterations and irregularities as it pleased the administration of the day to introduce to them, from the accounts kept with the Lords of the Treasury, in which the whole public money received was included, as well as all the items of expenditure, whether authorized or unauthorized by the Provincial Legislature.

69. Resolved, That the pretensions and abuses aforesaid have taken away from this House even the shadow of control over the public revenue of the province, and have rendered it impossible for it to ascertain at any time the amount of revenue collected, the disposable amount of the same, and the sums required for the public service; and that the House having during many years passed bills, of which the models are to be found in the Statute –book of Great Britain, to establish a regular system of accountability and responsibility in the department connected with the receipt and expenditure of the revenue, these bills have failed in the Legislative Council.

70. Resolved, That since the last session of the Provincial Parliament, the Governor-in-Chief of this province, and the members of his Executive Government, relying on the pretensions above mentioned, have without any lawful authority paid large sums out of the public revenue, subject to the control of this House; and that the said sums were divided according to their pleasure, and even in contradiction to the votes of this House, as incorporated in the Supply Bill passed by it during the last session, and rejected by the Legislative Council.

92 Resolutions, part 13

Part 13

“92 Resolutions”

 

Here is the thirteenth installment of the 92 Resolutions.  Again, because it is seriously long, I am parceling the resolutions out five at a time, and for interest’s sake, am providing biographical information on those mentioned by name in the document.  Enjoy.

 

Taken from :

“The 92 Resolutions” taken from Statutes, Treaties and Documents of the Canadian Constitution, 1713-1929 (Toronto: Oxford University Press, 1930).

(notes my own)

 

 

56.  Resolved, That in addition to administrative and judicial abuses which have had an injurious effect upon the welfare and confidence, attempts have been made, from time to time, to induce the Parliament of the United Kingdom, by deceiving its justice and abusing its benevolent intentions, to adopt measures calculated to bring about combinations of the nature above mentioned, and to pass Acts of internal legislation for this province, having the same tendency, and with regard to which the people of the country had not been consulted; that, unhappily, the attempts to obtain the passing of some of these measures were successful, especially that of the Act of the 6 Geo 4, c. 59, commonly called the “Tenures Act,”[British North America (Seignorial Rights Act 1825- abolishing the Seignorial system in Canada] the repeal of which was unanimously demanded by all classes of the people, without distinction, through their representatives, a very short time after the number of the latter was increased; and that this House has not yet been able to obtain from His Majesty’s representatives in this province, or from any other source, any information as to the views of His Majesty’s Government in England in regard to the repeal of the said Act.

57.  Resolved, That the object of the said Act was, according to the benevolent intentions of Parliament, and as the title of the Act sets forth, the extinction of feudal or seigniorial rights and dues on lands held en fief and a cens in this province, with the intention of favouring the great body of the inhabitants of the country, and protecting them against the said dues, which were regarded as burdensome; but that the provinsions of the said Act, far from having the effect aforesaid, afford facilities to seignors to become, in opposition to the interests of their censitaires, the absolute proprietors of the extensive tracts of unconceded lands which, by the law of the country, they held only for the benefit of the inhabitants thereof, to whom they were bound to concede them in consideration of certain limited dues; that the said Act, if generally acted upon, would shut out the mass of the permanent inhabitants of the country from the vacant lands in the seignories, while at the same time they have been constantly prevented from settling on the waste lands of the Crown on easy and liberal terms, and under a tenure adapted to the laws of the country, by the partial, secret and vicious manner in which the Crown Land department has been managed, and by the provisions of the Act aforesaid, with regard to the laws applicable to the lands in question; and that the application made by certain seigniors for a change of tenure, under the authority of the said Act, appears to prove the correctness of the view which this House has taken its practical effect.

58. Resolved, That it was only in consequence of an erroneous supposition that feudal charges were inherent in the law of this country, as far as the possession and transmission of real property and the tenures recognised that by law were concerned, that it was enacted in the said Act that the lands with regard to the tenure of free and common soccage; that the seigniorial charges have been found burdensome in certain cases, chiefly by reason of the want of adequate means of obtaining the interference of the Colonial Government and of the courts of law, to enforce the ancient law of the country in that behalf, and that the Provincial Legislature was, moreover, fully competent to pass laws providing for the redemption of the said charges in a manner which should be in accordance with the interests of all parties, and for the introduction of the free tenures recognised by the laws of the country; that the House of Assembly has been repeatedly occupied, and now is occupied about this important subject; but that the said Tenures Act, insufficient of itself to effect equitably the purpose for which it was passed, is of a nature to embarrass and create obstacles to the effectual measures which the legislature of the country, with a full knowledge of the subject, might be disposed to adopt; and that the application thus made (to the exclusion of the Provincial Legislature) to the Parliament of the United Kingdom, which was far less competent to make equitable enactments on a subject so complicated in its nature, could only have been made with a view to unlawful speculations and the subversion of the laws of the country.

59. Resolved, That, independently of its many other serious imperfections, the said Act does not appear to have been founded on a sufficient knowledge of the laws of Great Britain to be applicable to certain incidents to real property therein enumerated; and that it has only served to augment the confusion and doubt which had prevailed in the courts of law, and in private transactions with regard to the law which applied to lands previously granted in free and common soccage.

60. Resolved, That the provision of the said Act which has excited the greatest alarm, and which is most at variance with the rights of the people of the country, and with those of the Provincial Parliament, is that which enacts that lands previously held en fief or en censive shall, after a charge of tenure shall have been effected with regard to them, be held in free and common soccage, and thereby become subject to the laws of Great Britain, under the several circumstances therein mentioned and enumerated; that besides being insufficient in itself, this provision is of a nature to bring into collision, in the old settlements, at multiplied points of contiguity, two opposite systems of laws, one of which is entirely unknown to this country, in which it is impossible to carry it into effect; that from the feeling manifested by the colonial authorities and their partisans towards the inhabitants of the country, the latter have just reason to fear that the enactment in question is only the prelude to the final subversion, by Acts of Parliament of Great Britain, fraudulently obtained in violation of its former engagements, of the system of laws by which the persons and property of the people of this province were so long happily governed.

 

 

92 Resolutions, Part 12.

Part 12

“92 Resolutions”

Here is the twelfth installment of the 92 Resolutions. Again, because it is seriously long, I am parceling the resolutions out five at a time, and for interest’s sake, and I am providing biographical information on those mentioned by name in the document. Enjoy.

Taken from : “The 92 Resolutions” taken from Statutes, Treaties and Documents of the Canadian Constitution, 1713-1929 (Toronto: Oxford University Press, 1930). (notes my own)

51. Resolved, That the approbation expressed by the Colonial Secretary, in his said despatch, of the present composition of the Legislative Council, whose acts, since its pretended reform, have been marked by party spirit and by invidious national distinctions and preferences, is a subject of just alarm to His Majesty’s Canadian subjects in general, and more particularly to the great majority of them, who have not yet yielded at any time to any other class of the inhabitants of this province in their attachment to His Majesty’s government, in their love of pace and order, in respect for the laws, and in their wish to effect that union among the whole people which is so much to be desired, to the end that all may enjoy freely and equally the rights and advantages of British subjects, and of the institutions which have been guaranteed to and are dear to the country; that the distinctions and preferences aforesaid have almost constantly been used and taken advantage of by the Colonial Administration of this province, and the majority of the Legislative Councilors, Executive Councilors, Judges and other functionaries dependant upon it; and that nothing but the spirit of union among the several classes of the people, and their conviction that their interests are the same, could have prevented collisions incompatible with the prosperity and safety of the province.

52. Resolved, That since a circumstance, which did not depend upon the choice of the majority of the people, their French origin and their use of the French language, has been made by the colonial authorities a pretext for abuse, for exclusion, for political inferiority, for a separation of rights and interests; this House now appeals to the justice of His Majesty’s Government and of Parliament, and to the honour of the people of England; that the majority of the inhabitants of this country are nowise disposed to repudiate any one of the advantages they derive from their origin and from their descent from the French nation, which, with regard to the progress of which it has been the cause in civilization, in the sciences, in letters, and the arts, has never been behind the British Nation, and is now the worthy rival of the latter in the advancement of the cause of liberty and of the science of government; from which this country derives the greater portion of its civil and ecclesiastical law, and of its scholastic and charitable institutions, and of the religion, language, habits, manners and customs of the great majority of its inhabitants.

53. Resolved, That our fellow-subjects of British origin, in this province, came to settle themselves in a country, “the inhabitants whereof, professing the religion of the Church of Rome, enjoyed an established form of constitution and system of laws, by which their persons and their property had been protected, governed and ordered, during a long series of years, from the first establishment of the province of Canada;” that, prompted by these considerations, and guided by the rules of justice and of the law of nations, the British Parliament enacted that, “in all matters of controversy, relative to property and civil rights, resort should be had to the laws of Canada;” that when Parliament afterwards departed from the principle thus recognised, firstly, by the introduction of the English criminal law, and afterwards that of the representative system, with all the constitutional and parliamentary law necessary to its perfect action it did so in conformity to the sufficiently expressed wish of the Canadian people; and that every attempt on the part of public functionaries or of other persons (who on coming to settle in the province, made their condition their own voluntary act) against the existence of any portion of the laws and institutions particular to the country, and any preponderance given to such persons in the Legislative and Executive Councils, in the courts of law, or in other departments, are contrary to the engagements of the British Parliament, and to the rights guaranteed to His Majesty’s Canadian subjects, on the faith of the national honour of England, and on that of capitulations and treaties.

54. Resolved, That any combination, whatever effected by means of Acts of the British Parliament, obtained in contravention to its former engagements, or by means of the partial and corrupt administration of the present constitution and system of law, would be a violation of those rights, and would, as long as it should exist, be obeyed by the people from motives of fear and constraint, and not from choice and affection; that the conduct of the Colonial Administrations and of their agents and instruments in this colony, has for the most part been of a nature unjustly to create apprehensions as to the views of the people and government of the mother country, and to endanger the confidence and content of the inhabitants of this province, which can only be secured by equal laws, and by the observance of equal justice, as the rule of conduct in all the departments of the government.

55. Resolved, That whether the number of that class of His Majesty’s subjects in this province, who are of British origin, be that mentioned in the said address of the Legislative Council, or whether (as truth is) it amounts to less than half that number, the wishes and interests of the majority of them are common to them and to their fellow-subjects of French origin, and speaking the French language; that the one class love the country of their birth, the other that of their adoption; that the greater portion of the latter have acknowledged the generally beneficial tendency of the laws and institutions of the country, and have laboured, in concert with the former, to introduce into them gradually, and by the authority of the Provincial Parliament, the improvements of which they have, from time to time, appeared susceptible, and have resisted the confusion which it has been endeavoured to introduce into them in favour of schemes of monopoly and protecting government.

Honouring LJ Papineau in Montreal, 1834

La Minerve, 24 mars 1834, page 2

 

Hier, après la Grand Messe, une foule de citoyens de diverses origines alla saluer M l’Orateur de la Chambre d’Assemblee a sa demeure, rue Bonsecours, et le féliciter sur son heureux retour au sein de sa famille et de ses concitoyens et lui témoigner l’approbat on de sa conduite et leurs remerciements.  L’affluence des personnes était telle qu’une faible portion de ceux qui était presens a pu pénétrer dans la maison ou M le Maire, a la sollicitation de ces derniers, a porte parole et exprime a M Papineau le but de ce concours et les vœux de ses compatriotes réunis.  A la vive satisfaction de tous ceux qui n’avaient pu entrer, on trouva le moyen de faire disparaître une des doubles-croisées, et M Papineau, au milieu des plus bruyantes acclamations, s’adressa a ses concitoyens, du second étage, et leur exprima son regret que la capacité de l’édifice qu’il occupait ne permit pas de les recevoir tous dans un même appartement.  Il les remercia de l’honneur distingue que lui faisait une assemblee aussi nombreuse et aussi respectable d’accueillir son retour avec autant d’empressement et d’approuver sa conduite publique.  « Cette approbation, continua M Papineau, je la prends comme adresse non moi individuellement, mais a la Chambre d’Assemblee et a cette majorité qui vient de sanctionner des principes lies au bien-être général et qui doivent faire le base de tout bon gouvernement.  Députée pour représenter les vœux et besoins des masses, l’Assemblee a veille à vos libertés et vos droits communs en déroulant le tableau des abus qui entravent le bien public parmi nous.  C’est a ses procèdes recens que vous venez rendre hommage dans ce moment; je vous en suis doublement reconnaissant, et pour moi et pour ceux qui ont pense que nous avions souffert assez longtems sous le poids de malversations continuelles et qu’il était tems d’user des voies légales pour repousser le désordre et l’injustice et leur substituer un meilleur ordre de choses et le règne de la loi. » Âpres s’être étendu plus au long sur ces considérations M Papineau répéta en anglais ce qu’il venait de dire en français.  Il descendit ensuite a sa porte et présenta la main a ses concitoyens jaloux de lui exprimer leur respect et leur approbation.

 

Des hommes qui se font un devoir de respecter la vérité le moins possible et de s’afficher comme menteurs publies dans les coconnes du Montréal Herald de ce matin, n’ont vu dans cette assemblee qu’une « tentative infâme de créer un tumulte le dimanche »  Les auteurs de ces assertions sont si connus, si méprises, qu’il est inutile de s’y attacher.  Ceux qui ont vu ce qui s’est passe hier l’ordre qui a règne et la respectabilité du concours, s’étonneront sans doute qu’il y ait des hommes assez dépraves pour tenir un tel langage dans un journal public.  Mais deux concitoyens respectables vienne de donner un exemple en discontinuant leur abonnement qui sera probablement suivi par tous les souscripteurs au Herald qui savent se respecter.  Ses dégoutants diatribes lui ont attire l’animadversion des honnêtes gens et il faut supposer bien de la folie ou de la perversité dans les lecteurs de cette feuille pour ne pas rougir de voir leur noms associes a de telles productions.  Qu’ils continuent, ces lâches détracteurs, leur œuvre de mensonge et d’iniquité : les Canadiens et leurs concitoyens qui aiment et chérissent la liberté et l’ordre, n’en revendiqueront pas moins leurs droits et n’exprimeront pas moins hautement leurs sentimens.

 

Ce témoignage de deux à trois mille personnes tendu presque spontanément à M Papineau doit lui être flatteur et fait voir l’effet des paroles de Mathieu Lord Aylmer a la clôture de cette dernière session de Parlement.  Mais les assemblées qui se tiennent déjà dans plusieurs Comtes, les Requêtes qui vont suivre, et la prochaine élection générales répondront a Mathieu Lord Aylmer que le pays partage les sentimens et les vœux exprimes dans les 92 Résolutions, et qu’en dépit de toutes les « manœuvres » de la bureaucratie, les réclamations du peuple seront entendues, appréciées, et le règne de la loi substitue au règne des abus et a l’arbitraie d’une fraction des habitans de ce pays.

 

 

 

 

Irish Voters Assembly, Montreal 1834

La Minerve 14 Avril 1834, page 2

 

Assemblee des Irlandais de Montreal

 

A une assemblée des Irlandais tienne chez M McCabe, le 10 avril 1834, suivant avis publie dans le Vindicator et le Daily Advertiser, pour prendre en considération le discours prononcé par M Thos A Begly, au Tattersall, le Samedi précédent, et pour délibérer sur d’autres matières importantes.  John Turney, Écuyer, un des membres du Conseil du Ville fut appelé au fauteuil, Denis Muray, Écuyer, vice président, et T Hewitt nomme secrétaire.  Les résolutions suivantes furent proposées et adoptées a l’unanimité.

 

Résolu 1.  Que comme Irlandais, natifs d’un pays qui est celui qui a le plus souffert par la mal administration et le despotisme, nous ne pouvons jamais nous unir ni donner notre appui a un parti dominant pour opprimer notre pays d’adoption.

 

2.  Que les Irlandais de cette cite adhéreront strictement aux principes mis en avant par leur Grand Chef national Daniel O’Connell; et que comme il soutient la cause des opprimes sans distinction de pays, couleur ou religion, de même les irlandais doivent envahir tous préjugés étroits, et se montrer ses appuis zèles pour avancer la cause de la liberté partout ou la providence les engagera a se fixer.

3.  Que les habitants Irlandais de cette cite ne soutiendront aux prochaines élections que les candidats qui posséderont la confiance du peuple, et qui s’engageront a soutenir les libertés et les vrais intérêts du pays.

 

4. Que cette assemblée désapprouve et censure hautement le langage indécent qu’a tenu TA Begley a l’égard de l’Honorable LJ Papineau dans un discours qu’il a prononce au Tattersall le 5 avril courant, et de plus que cette assemblée désapprouve chacune et toutes les opinions y exprimées.

 

5. Que l’assertion de TA Begley que « M Papineau s’est servi des Irlandais comme instruments » doit être regardée comme une indigne et calomnieuse aspersion sur leur caractère national.

 

6. Que depuis l’année 1832, les Irlandais de cette cite n’ont point regarde TA Begley comme faisant parti du corps des Irlandais , vu son opposition décidée a l’élection de leur candidat favori, feu le Dr Tracey.

 

7. Qu’il soit forme un comite permanent de 40 membres donc 15 formeront un quorum, pour aviser et diriger les Irlandais par la suite, afin qu’ils ne soient point égarés par un petit nombre de personnes inter-sees qui ont dernièrement tente de déshonorer le pays de leur naissance par leurs efforts pour nuire a leur pays d’adoption.

 

8. Que ce comite, ou au moins de 20 de ses membres, s’assemblera de tems a autre, lors qu’il en sera requis par avis public, pour veiller aux intérêts des Irlandais en général, et qu’il soit nomme a la prochaine assemblée, un Président, un vice président et un secrétaire.

 

9. Que les signatures de 10 membres de cette société suffiront pour convoquer une assemblée publique pourra que telle réquisition ne soit point faite plus d’une fois par mois.

 

10. Que les procèdes de cette assemblée soient publies dans le Vindicator, la Minerve, et le Daily Advertiser qui sont les seuls journaux publies dans cette ville de qui nous poussions attendre justice.

 

John Turney, President

T Hewitt, Secretaire

 

 

Papineau- A Scottish perspective, 1835

So what was the impression of the troubles in Lower Canada abroad?  Here is what some Scots thought. 

 

Ayr Observer

20 January 1835

 

We have been favored with the perusal of a letter from Montreal, dated the 9^th ultimo.  It appears that Mr. Papineau, to whom we have more than once alluded as a Canadian O’Connell, had chosen to publish an address to the electors of Montreal, so grossly personal that ere it had been twenty four hours in circulation, he had two challenges sent him.  Like the great Irish prototype however, he is more apt at saying strong things than at answering for them, and consequently declined going out.  His party has met with a heavy loss in the secession of the Irish, who have joined their brethren of British extraction, in resisting the attempts of this demagogue to prevent emigrants from the United Kingdom locating themselves in Lower Canada.  He is expected however to be re-elected Speaker of the House of Assembly; but the Governor, it is supposed, will refuse to accept him, and thus another choice or a dissolution will be the consequence.  The steamboats had continued plying on the St Lawrence until the 7^th, when they were laid up for the winter.  Greenock Advertiser.