The complaints which have reached his majesty's government, respecting the inadequate security heretofore given by the receiver general and by the sheriffs, for the due application of the public moneys in their hands, have not escaped the very serious attention of the ministers of the crown.

It has appeared to his majesty's government that the most effectual security against abuses in these departments, would be found in enforcing in this province, a strict adherence to a system established under his majesty's instructions in other colonies, for preventing the accumulation of balances in the hands of public accountants, by obliging them to exhibit their accounts to a competent authority, at short intervals, and immediately to pay over the ascertained balance into a safe place of deposite ;-and in order to obviate the difficulty arising from the want of such place of deposite in Lower Canada, his excellency is authorized to state that the lords commissioners of his majesty's treasury will hold themselves responsible to the province for any sums which the receiver general or sheriffs may pay over to the commissary general, and his excellency is instructed to propose to the legislative council, the enactment of a law, binding those officers to pay over to the commissary general such balances as, upon rendering their accounts to the competent authority, shall appear to be remaining in their hands, over and above what may be required for the current demands upon their respective offices; such payments being made on condition that the commissary general shall be bound on demand to deliver bills on his

majesty's treasury for the amount of his receipts.

His excellency is further instructed to acquaint the legislative council, that although it was found necessary by an act passed in the last session of the imperial parliament, 9 Geo. IV. cap. 76, sec. 26, to set at rest doubts which had arisen, whether the statute for regulating the distribution between the provinces of Upper and Lower Canada, of the duties and customs collected at Quebec, had not been inadvertently repealed by the general laws of a later date, his majesty's government have no desire that the inteference of parliament in this matter should be perpetuated, if the provincial legislatures can themselves agree upon any plan for a division of these duties which may appear to them more convenient and more equitable; and on the whole of this subject, his majesty's government will be happy to receive such information and assistance as the legislative council and assembly of this province may be able to supply.

The appointment of an agent in England to indicate the wishes of the inhabitants of Lower Canada, appearing an object of great solici tude with the assembly, his majesty's government will cheerfully accede to the desire expressed by the house of assembly upon this head; provided that such agent be appointed, as in other British colonies, by name, in an act to be passed by the legislative council and assembly, and approved by the executive government of the province; and his majesty's government are persuaded that the legis. lature will not make such a selection as to impose on the govern

of rejecting the bill on the ground of any personal objection to the proposed agent.

His majesty's government is further willing to consent to the abolition of the office of agent, as it is at present constituted; but it is trusted that the liberality of the house of Assembly will indemnify the present holder of this office, to whose conduct in that capacity no objection appears ever to have been made; indeed, without some adequate indemnity being provided for him, it would not be compatible with justice, to consent to the immediate abolition of his office.

His majesty's government being very sensible of the great inconvenience which has been sustained, owing to the large tracts of land which have been suffered to remain in a waste and unimproved condition, in consequence of the neglect or poverty of the grantees, it has appeared to his majesty's government that the laws in force in Upper Canada, for laying a tax upon wild land, on which the set. tlement duties had not been performed, should be adopted in this province; and his excellency is in structed to press this subject on the attention of the legislative council with that view.

The attention of his majesty's government has also been drawn to several other important topics; among which may be enumerated: The mischiefs which are said to result from the system of tacit mortgages effected by a general acknowledgment of a debt before a notary; the objectionable and expensive mode of conveyancing said to be in use in the townships; the necessity of a registration of deeds; and the want of proper courts for the decision of causes arising in the

townships. Regulations affecting matters of this nature can obviously be most effectually made by the provincial legislature; and his excellency is commanded to draw the attention of the legislative council to these subjects, as matters requiring their early and most serious attention.

In conclusion, his excellency has been commanded to state, that his majesty relies for an amicable adjustment of the various questions which have been so long in dispute, upon the loyalty and attachment hitherto evinced by his majesty's Canadian subjects, and on . that of the provincial parliament; and that his majesty entertains no doubts of the cordial concurrence of the legislative council, in all measures calculated to promote the common good, in whatever quarter such measures may happen to ori. ginate.

RESOLUTIONS

Of the House of Assembly, in answer to the foregoing Message.

1. That this house has derived the greatest satisfaction from the gracious expression of his majes ty's beneficent views towards this province, and from the earnest de. sire of his excellency, the administrator of the government, to promote the peace, welfare, and good government of the province, as evinced in his excellency's message of Friday last.

2. That this house has, nevertheless, observed with great concern, that it may be inferred from the expression of that part of the said message which relates to the appropriation of the revenue, that the pretension put forth at the commencement of the late administra.

tion to the disposal of a large portion of the revenue of this province, may be persisted in.

3. That under no circumstances, and upon no considerations whatsoever, ought this house to aban. don, or in any way compromise, its inherent and constitutional right, as a branch of the provisional parliament representing his majesty's subjects in this colony, to superin. tend and control the receipt and expenditure of the whole public revenue arising within this pro

vince.

4. That any legislative enact. ⚫ment in this matter by the parlia. ment of the united kingdom, in which his majesty's subjects in this province are not and cannot be represented, unless it were for the repeal of such British statutes, or any part of British statutes, as may be held by his majesty's government to militate against the constitutional right of the subject in this colony, could in no way tend to a settlement of the affairs of the province.

5. That no interference of the British legislature with the esta blished constitution and laws of this province, excepting on such points as from the relation between the mother country and the Ca. nadas can only be disposed of by the paramount authority of the British parliament, can in any way tend to the final adjustment of any difficulties or misunderstandings which may exist in this province, but rather to aggravate and perpetuate them.

6. That in order to meet the difficulties of the ensuing year, and to second the gracious intentions of his majesty for the permanent settlement of the financial concerns of the province, with due regard to

the interests and efficiency of his government, this house will most respectfully consider any estimate for the necessary expenses of the civil government for the ensuing year, which may be laid before it, confidently trusting, that in any such estimate a due regard will be had to that economy which the present circumstances of the country and its other wants require.

7. That on the permanent settlement before mentioned being ef fected, with the consent of this house, it will be expedient to render the governor, lieutenant governor, or any person administering the government, for the time being, the judges and executive councillors, independent of the annual vote of this house, to the extent of their present salaries.

8. That although this house feels most grateful for the increased security against the illegal applica. tion of the public money which must result from his majesty's government referring all persons who may have been concerned in such application to an act of indemnity to be consented to by this house, it will be inexpedient to consent to any such enactment, till the full extent and character of such illegal application may have been fully inquired into and considered.

9. That this house feels the most sincere gratitude for his majesty's solicitude to effect the most perfect security against the recurrence of abuses on the part of persons intrusted with public moneys in this province.

10. That this house has not complained, nor have any complaints been made known to it, respecting the arbitration for the distribution between the provinces of Upper ment the painful and invidious duty

and Lower Canada of the duties collected in Lower Canada; but that in this, as in every other re. spect, this house will most cheerfully co-operate in every equitable "and constitutional measure which may be submitted to it as desira. ble by the inhabitants of Upper Canada.

11. That this house has seen with sentiments of the highest satisfaction and gratitude, the decla. ration of the willingness of his ma. jesty's government cheerfully to accede to the desires which the assembly has so frequently expressed during the last twenty years, of having an agent in England to indicate the wishes of the inhabitants of Lower Canada; and that it is expedient to provide for such an appointment without delay.

12. That so soon as the scheme in contemplation of his majesty's government for the permanent settlement of the financial concerns of the province shall have been made known and considered, it may be expedient to provide some adequate indemnity to such persons as were placed on the civil establishment of this province with salaries prior to the year 1818, and whose offices may have been found to be unnecessary, or require to be abolished.

13. That this house will cheerfully consent in any measure which may appear most likely to be successful in effectually removing the great inconvenience which has been sustained from the non-performance of the duties of settlement by grantees or holders of land obtained from the crown, and otherwise remove the obstructions to the settlement of the country which may have resulted, or may

hereafter result, from the manner in which the powers and superintendence of the crownl in the most essential particular as effecting the general prosperity of the province, may have been exerted.

14. That it is the desire of this house to take as speedily as possible every measure in its power, that the inhabi. tants of the townships, upon a subdi. vision of the counties in which they are situated, by act of the provincial parliament, shall have a full and equitable representation in this house, of persons of their own free choice; and that the house will cheerfully concur in every mea. sure which may appear to be most desirable to their inhabitants, and most conducive to the general wel. fare.

15. That this house is fully sen. sible of the distinguished mark of confidence reposed in the loyalty and attachment hitherto evinced by his majesty's Canadian subjects and their representatives in the provincial parliament, by his ma jesty's declaration that he relies on them for an amicable adjustment of the various questions which have been so long in dispute.

16. That amongst these questions not particularly mentioned on the present occasion, this house holds as most desirable to be adjust. ed and most essential to the future peace, welfare, and good govern. ment of the province, viz.:

The independence of the judges, and their removal from the political business of the province.

The responsibility and accountability of public officers.

A greater independence of sup. port from the public revenue, and more intimate connexion with the interests of the colony, in the

composition of the legislative coun. cil.

The application of the late property of the Jesuits to the purpose of general education.

The removal of all obstructions to the settlement of the country, particularly by the crown and clergy reserves remaining unoccupied in the neighbourhood of roads and settlements, and exempt from the common burthens;

And a diligent inquiry into, and a ready redress of, all grievances and abuses which may be found to exist, or which may have been peti

tioned against by the subjects in this province, thereby assuring to all the invaluable benefit of an im. partial, conciliatory and constitu. tional government, and restoring a well-founded and reciprocal confi. dence between the governors and the governed.

That an humble address be presented to his excellency the administrator of the government, with a copy of the foregoing resolu. tions, humbly praying that he would be pleased to submit the same to his majesty's government in England.

At the time of my assuming the government which his Majesty has been pleased to commit to my charge, I was desirous of meeting you in provincial parliament at an earlier period than the present: but the interests of the country have been best consulted by convening you at a season when little embarrassment, or inconvenience, can be experienced in any district, from your being called to your legislative duties.

In recommending your immediate ånd earnest attention to be directed to affairs that are closely connected with the welfare of the colony, I must remark, that no surer proofs of your vigilance and judgment can be adduced, than the prosperity, happiness and contentment of his

Majesty's faithful Canadian sub. jects; and I trust, if the public good be exclusively and diligently considered, in the exercise of y f your im. portant functions, that those ends will be assured, and that the beneficial effects of your proceedings will soon be apparent in every part of the province.

Gentlemen of the House of Assembly,

I have ordered the estimates of the present year, and the public accounts, to be laid before you.

The commands of his majesty that have relation to the several addresses of the House of Assem. bly of the last parliament, shall be communicated to you. Honourable Gentlemen, and Gentlemen,

The laws that are about to expire will require your consideration. The repeal of the act, entitled, "An act for better securing this Province," &c. passed in the 44th year of the late king, is, I think, advisable, as it seldom can be applied to cases which it was intended to meet.

The report of the arbitrators on