throne, are facts powerfully attested by the peaceable submission of the people to the laws, and the readiness with which they have on all occasions defended the province against foreign aggression, as well as by the petitions laid at the foot of the throne, in the years 1814 and 1828, and the addresses, at those periods, of the assembly itself, in which they entreated his late majesty and the imperial parliament "to maintain the inhabitants of Canada in the full enjoyment of the constitution as established by law, without any change whatever."

It was in the year 1831, after the general election for the assembly now in session, and when some grounds of complaint against the local administration were in course of being redressed by the interposition of the imperial government, that a desire for a change in the constitution was first openly avowed in that body, and it is a matter of astonishment,that a violent and reckless party in that house, should be able to induce a majority of its members into an attempt to destroy a form of government, under which your majesty's Canadian people have enjoyed a state of peace, security and contentment, scarcely exceeded by any part of the world, and against which no considerable portion of the people have yet formally complained.

While, therefore, the legislative council desire not to conceal from your majesty the actual state of the province, they are far from believing that the great body of the people yet participate in the views and wishes of the majority of the assem. bly, but in a community in which learning has made so little progress, even the well-disposed, the happy, and contented, are too liable to be misled by the factious and designing.

The constitution enables your majesty to uphold an independent branch of the legislature by a judicious selection of the members chosen to compose it, and we venture, with all humility, to state to your majesty, that a branch so chosen is essential to sustain your royal prerogative, to maintain the connexion which happily subsists between this colony and the mother country, and to give security to a numerous class of your majesty's subjects of British origin, now numbering about one hundred and fifty thousand souls, scattered over the province, whose interests cannot be adequately represented in the assembly, seveneights of the members whereof are of French origin, and speak the French language.

It is under the circumstances above described that the assembly have proposed to your majesty to abolish this house, and to substitute in its place a council to be elected by proprietors of estates of ten pounds annual value; a measure well conceived to further the desired object of obtaining a legislative body, in all respects the counterpart of the assembly, inasmuch as that would virtually embrace the whole constituency of the country.

Having maturely considered, we trust without improper bias, the nature of the alterations in the constitution, proposed by the assembly, we entreat your majesty duly to weigh the opinion which we now humbly submit, as to the fatal consequences which may be expected to result from such a change. Its more immediate effects would be to render all offices in the colony elec tive-to unsettle the minds of your majesty's subjects of British origin respecting the security of life and property, which they now enjoyto prevent their further increase through emigration, and to sever

the ties which bind the colony to the parent state; while its ultimate result would bring into collision the people of Upper and Lower Canada, and drench the country with blood; for it is our solemn conviction that the inhabitants of Upper Canada will never quietly permit the interposition of a French Republic between that province and

the ocean.

When the leaders of the assembly in the year 1831, first openly declared themselves against the constitution, they found means of inducing a member of this house to proceed to England for the sole avowed purpose of supporting the petitions of the assembly to your majesty, and they have since, from year to year, procured the prolongation of his mission. We humbly submit that the representations made by this gentlemen to your majesty's government, ought to be received with extreme caution, because the legislative council have never assented to his mission-have never had any official communication of any instructions given to him, or despatches received from him; and he has committed a gross breach of the constitutional rights of the

house, by receiving a large annua salary from the assembly, knowing the same to be without the sanction of the law, paid to him out of the public money, advanced upon the simple votes of that house for defraying its ordinary contingent expenses.

Under these circumstances, the legislative council earnestly beseech your majesty to take into your serious consideration the present alarming posture of affairs in your ma jesty's once happy province of Lower Canada-to be graciously pleased [to recommend to the imperial parliament, to amend the act 31 George III. chap. 31, by enact ing a sufficient qualification for the members of the assembly of this province] and to adopt such measures, as in your wisdom will tend to tranquilize the minds, to maintain the constitutional rights and liberties of all your majesty's subjects therein, and thus guaranty the permanence of the existing connexion between the colony and the parent state.

The several paragraphs of the above address were unanimously agreed to by the council, except the last, from which the words within brackets are expunged.

The Legislature of Upper Canada was prorogued at York on the 13th of February, 1833.

Governor's Speech. Hon. Gentlemen of the Legislative Council,

and Gentlemen of the

House of Assembly

In relieving you from your legislative duties, I may state with confidence, that many of the measures resulting from the consideration

which you have directed this session, to subjects of general importance, as well as to those bearing on the interests of particular districts, the prosperity and welfare of the cannot fail to be highly conducive to province.

The bill passed for the settlement of claims, founded on the losses sustained by individuals during the war, decides a question which His Ma

jesty's government has long anxiously desired to bring to a satisfactory conclusion; and enables an arrangement to be made for the immediate payment of that proportion of the original award, which was ordered to be conditionally liquidated by the lords commissioners of his majesty's treasury.

The enlarging of the jurisdiction of the courts of request, will, I trust, tend greatly to simplify the practice of those courts, and facilitate the disposal of cases which can be brought under their cognizance. The enactment which you have sanctioned for the amendment of the penal code, must, while it renders the administration of justice more efficacious, prevent that frequent recurrence of mitigation of punishment appointed by the statutes, which has hitherto necessarily taken place through the intervention of the power of the crown, and which enervated the general authority of the law.

Gentlemen of the House of Assembly

I have to thank you, in his majesty's name, for the supplies which you have granted for the public service, and for carrying on public works and improvements, and for the support of charitable institutions.

Hon. Gentlemen and Gentlemen

An efficient measure, having in view the means of extending instruction in every township, is now, perhaps, become more necessary, and would prove more acceptable

Ала

to the province, than at any former period.

During the recess, much information may be obtained by you, in different townships with which you are in constant communication, that may assist you in maturing a system for the accomplishment of this object.

With respect to the distribution of school lands, I may assure you that should it be desirable to select small portions of land for the especial use of any particular district or township, such arrangements as may be required, can be made without difficulty. Indeed I am convinced that the reservation of large blocks of land for the support of schools, depreciates the value of the endowment, and impedes the settlement of the country.

Under the present very favourable circumstances, in availing yourselves of the credit and resources of the province to improve the navigation of rivers, and to construct harbors and canals, you are, doubtless, providing ample means for augmenting the eapital to estimate too highly the advantage of the colony; but it is impossible blishing carriage roads from the the province will derive by esta

canals and lakes to the back townships; although the outlay in forming them would be great, the revenue of every individual would be increased in proportion to the expense, and capital would be impelled into those channels which are most benefical to the community.

Gentlemen

I am glad, after a long separation, again to have recourse to your wisdom and support. In the interval, my government has been exposed to serious trials. It has overcome them by its own strength; it has triumphed over factions.

Deceived by the generosity of our institutions, by our respect for the guaranties of public rights, they have miscalculated the strength of a legal and moderate policy. In Paris, in the name of the republicin the west, in the name of the counter revolution-they have attacked by force of arms the established order.

The attempts at republicanism, as well as counter-revolution, have been quelled.

The days of the 5th and 6th of June have made manifest the perversity and the imbecility of the friends of anarchy. They have made clear the danger of a policy which would temporize with subversive passions instead of crushing them in their birth. Constitutional monarchy has recognised its true friends and its true defenders in that generous population of Paris, in that intrepid national guard, in that brave and faithful army who have so energetically repulsed such attempts. I have been very happy that my presence, by encouraging good citizens, has hastened to put down sedition.

It has been seen what force a constitutional king may find in the support of the nation, when compelled to have recourse to arms to defend the crown which he has been called on to wear, and the institu

tions which he has sworn to main

tain.

We have had to deplore in the west,insurrections and odious crimes. The mass of the population have not taken any part in it; and whenever the rebellion has broken out, it has been speedily extinguished. Let, therefore, the culpable authors of civil war, who have so many times desolated those districts, lose all hope of a counter-revolution, as impossible in my eyes as in yours; for they find us unanimous to suppress it, always faithful to our oaths, and ready to unite our destinies with those of the country.

A recent event, and decisive for the public peace, will destroy the last illusions of this party.

Gentlemen, at Paris, as in the west, my government has been able to borrow from the existing laws all the energy compatible with justice. For like crimes like repression is necessary. In these critical days it was necessary that the defenders of public order and of liberty should find in the firm resolution of the governing power the support which they demanded.

It will be your task to examine whether our legislative provisions do not require in all this respect to be revised and completed, and by what measures the safety of the state and the liberty of the subject may at once be guarantied.

It is by persevering in this course of moderation and justice that we shall show ourselves faithful to the principles of our glorious revolution. This is the system which you have strengthened by your concurrence, and which has been sustained with

so great constancy by the able and courageous minister whose loss we deplore. Already the happy effects of this system are everywhere felt.

Within, confidence revives; commerce and industry have resumed their course; Providence has spread its treasures over our fields; the scourge which so cruelly desolated us, has gone from us, and every thing promises us the prompt reparation of the evils by which we are afflicted.

Without, the pledges of national prosperity are not the less secure.

I have every reason to reckon on the pacific dispositions of foreign powers, and on the assurances which every day receive.

The intimate union which has been formed between France and Great Britain, will be to both nations a fertile source of welfare and of strength, and to all Europe a new guaranty of peace.

One question alone, might have prolonged in Europe some uneasi. ness. Notwithstanding the efforts of my government, the treaty of the 15th of November, 1831, which was to consummate the separation of Belgium and Holland, remained unexecuted; the means of conciliation seem to be exhausted; the object was not obtained. I considered that such a state of things could not continue without compromising the dignity and interests of France. The moment was come to provide for the execution of treaties, and to fulfil the engagements contracted towards Belgium. The king of Great Britain has participated in my sentiments. Our two flags wave together at the mouths of the Scheldt; our army, whose discipline and good spirit equal its valour, has arrived at this moment under the walls of Antwerp. My two sons are in its ranks.

In giving to the king of the Belgians my dear daughter, I have strengthened by a new tie the alliance of the two nations. The act which consecrated this solemn union, will be laid before you.

I have also given orders to my ministers to communicate to you the treaty concluded on the 4th of July, 1831, between my government and that of the United States of America. This transaction puts an end to the reciprocal claims of the two countries.

You will also be informed of the treaty by which Prince Otho of Bavaria is called to the throne of Greece. I shall have to request of you the means of guaranteeing efficiently with my allies, an indispensable loan for the consolidation of a new state, founded by our care and assistance.

I request that our fundamental legislation may be promptly completed. The laws announced by the 69th article of the Charter, will be presented to you in the course of the session.-You will have to deliberate on the responsibility of ministers, on the departmental and municipal administrations, on the organi. zation of public instruction, and on the condition of officers.

Several other laws of less political importance, but of great interest to the affairs of the country, will also be presented to you.

I regret that I am not able at pre. sent to propose to you any reduction of the public charges; our duty towards France, and the circumstances in which we are placed, impose on us still heavy sacrifices; but the general position of Europe permits us to anticipate their conclusion. The future appears to us under favourable auspices; credit is sustained and is strengthened, and indubitable signs attest the progress of national wealth.