garchy known as the 'Family Compact,' which had filled the Bench, Magistracy, and the high offices of the Episcopal Church for a long time. In both Provinces Lord Durham found that the Clergy Reserves question required a speedy settlement. In Upper Canada the reformers were anxious to secure the responsibility of the Executive Council and make them amenable to the popular will. In Lower Canada the constitutional reformers attacked the Legislative Council, which, as Lord Durham observes (p. 107), was a less diplomatic step. In Upper Canada the largely increasing number of immigrants still further complicated the situation, and formed an everuncertain factor in politics. Lord Durham acknowledged the political deadlock often caused by the Representatives of the people stopping supplies in all the Provinces, and says, 'We are not now to consider the policy of establishing representative Government in the North American Colonies. That has been irrevocably done.... The Crown must consent to carry the Government on by means of those in whom the representative members have confidence.' Again, 'The matters which concern us,' he observes, 'are very few. The constitution of the form of government, the regulation of foreign relations, and of trade with the mother-country, the other British colonies, and foreign nations, and the disposal of the public lands (a very important reservation indeed), are the only points on which the mother-country requires a control. Municipal management, local government, and the privileges, carried to their logical conclusion, of representative Government will do the rest, and make even the apathetic habitan alert and progressive.' Again, the Imperial policy up to 1816 (p. 45) had been to isolate the British colonies in Canada and keep them weak and disunited. But this was a short-sighted policy of fear and suspicion, and Lord Durham advises a Legislative Union over all the British Provinces in North America.

The following is an extract from Lord John Russell's Despatch to the Governor-General of Canada, dated October 14, 1839, on the Constitutional question in Canada :

:

"The Queen's Government have no desire to thwart the representative Assemblies of British North America in their

measures of reform and improvement. They have no wish to make these Provinces the resource for patronage at home. They are earnestly intent on giving to the talent and character of leading persons in the Colonies, advantages similar to those which talent and character, employed in the public service of the United Kingdom, obtain. Her Majesty has no desire to maintain any system in policy among her North American subjects which opinion condemns. In receiving the Queen's commands, therefore, to protest against any declaration at variance with the honour of the Crown and the unity of the Empire, I am at the same time instructed to announce Her Majesty's gracious intention to look to the affectionate attachment of her people in North America, as the best security for permanent dominion.

'It is necessary for this purpose that no official misconduct should be screened by Her Majesty's representative in the Provinces and that no private interests should be allowed to compete with the general good.

'Your Excellency is fully in possession of the principles which have guided Her Majesty's advisers on this subject and you must be aware that there is no surer way of earning the approbation of the Queen than by maintaining the harmony of the executive with the legislative authorities. Every political Constitution in which different bodies share the supreme power, is only enabled to exist by the forbearance of those amongst whom this power is distributed. In this respect the example of England may well be imitated. The Sovereign using the prerogative of the Crown to the utmost extent, and the House of Commons exerting its power of the purse to carry all its resolutions into immediate effect, would produce confusion in the country in less than a twelvemonth. So in a colony the Governor thwarting every legitimate proposition of the Assembly, and the Assembly continually recurring to its power of refusing supplies, can but disturb all political relations, embarrass trade, and retard the prosperity of the people. Each must exercise a wise moderation. The Governor must only oppose the wishes of the Assembly where the honour of the Crown or the interests of the Empire are deeply concerned; and the Assembly must be ready to modify some of its measures

for the sake of harmony and from a reverent attachment to the authority of Great Britain.'

Six Resolutions were adopted by 'The Special Council' of Lower Canada (November 13, 1839) on the subject of 'The Union Question':

(1) That under existing circumstances, in order to provide adequately for the peace and tranquillity, and the good, constitutional and efficient government of the Provinces of Upper and Lower Canada, the reunion of these Provinces under one legislature, in the opinion of this Council, has become of indispensable and urgent necessity.

‘(2) That the declared determination of Her Majesty, conveyed in her gracious message to Parliament, to reunite the Provinces of Upper and Lower Canada, is in accordance with the opinion entertained by the Council, and receives their ready acquiescence.

(3) That among the principal enactments which, in the opinion of this Council, ought to make part of the Imperial Act for reuniting the Provinces, it is expedient and desirable that a suitable Civil List should be provided for, securing the independence of judges, and maintaining the Executive Government in the exercise of its necessary and indispensable functions.

‘(4) That regard being had to the nature of the public debt of Upper Canada, and the objects for which principally it was contracted, namely, the improvement of internal communications, alike useful and beneficial for both Provinces, it would be just and reasonable, in the opinion of this Council, that such part of the said debt as has been contracted for this object, and not for defraying expenses of a local nature, should be chargeable on the revenues of both Provinces.

‘(5) That the adjustment and settlement of the terms of the reunion of the two Provinces may, in the opinion of this Council, with all confidence be submitted to the wisdom and justice of the Imperial Parliament, under the full assurance that provision of the nature of those already mentioned, as well as such others as the measure of reunion may require, will receive due consideration.

'(6) That, in the opinion of this Council, it is most expedient, with a view to the security of Her Majesty's North American Provinces, and the speedy cessation of the enormous expense now incurred by the parent State for the defence of Upper and Lower Canada, that the present temporary Legislature of this Province should, as soon as practicable, be succeeded by a permanent Legislature in which the people of these two Provinces may be adequately represented and their constitutional rights exercised and maintained.'

(4) The Union Bill of 1840.

Provides (1) for the union under the name of the Province of Canada.'

'(2) For the Constitution of one Legislative Council and one Legislative Assembly, under the title of "The Legislative Council and Assembly of Canada.”

'(3) The Council not to be composed of fewer than twenty natural-born or naturalised subjects of the Queen, 'the tenure of such office being for life, excepting the member chooses to resign, is absent from his duties without cause or permission for two successive sessions, shall become a citizen or subject of any foreign power, or become bankrupt, an insolvent debtor, public defaulter, or attainted of treason, or be convicted of felony, or of any infamous crime.'

(4) The Speaker of the Legislative Council to be appointed by the Governor, who may remove him and appoint another. Ten members to constitute a quorum, including the Speaker.

'(5) The Houses of Assembly to consist of members chosen from the same places as heretofore, divided into counties and ridings in Upper Canada; but that the counties of Halton, Northumberland, and Lincoln shall each be divided into two ridings, and return one member for each riding.

'(6) That the city of Toronto shall have two members; and the towns of Kingston, Brockville, Hamilton, Cornwall, Niagara, London, and Bytown one each.

‘(7) That in Lower Canada every county heretofore represented by one member, shall continue to be so represented, excepting Montmorency, Orleans, L'Assomption, La Chesnaye, L'Acadia, La Prairie, Dorchester, and Beauce. These to be conjoined

as follows: Montmorency and Orleans into the county of Montmorency; L'Assomption and La Chesnaye to be the county of Leinster; L'Acadia and La Prairie to be that of Huntingdon; and Dorchester and Beauce that of Dorchester; and each of these four new counties to return one member.

'(8) The cities of Quebec and Montreal to return two members each; and the towns of Three Rivers and Sherbrooke one each. '(9) The qualifications of a member to be those of bonâ fide possession of landed estate worth £500 sterling.

'(10) The passing of any bill to repeal the provision of the 19th George III or the acts of the 31st of that reign relating to the government of the Province of Quebec; and the dues and rights of the clergy of the Church of Rome; the allotment and appropriation of lands for the support of a Protestant clergy, the endowments of the Church of England, or its internal discipline or establishment, or affecting the enjoyment or exercise of any form or mode of religious worship in any way whatever; or which may affect Her Majesty's prerogative touching the waste lands of the Crown, must be first submitted to the Imperial Parliament previous to the declaration of the Sovereign's assent; and that if the Imperial Legislature shall petition the Queen to withhold her assent within thirty days after such act shall have been received, it shall not be lawful to affix the Royal assent thereto.

(11) The levying of Imperial and Colonial duties; the appointment of a Court of Appeal; the administration of the civil and criminal laws; the fixation of the Court of Queen's Bench within the late Province of Upper Canada; the regulation of trade; the consolidation of all the revenues derivable from the Colony into one fund, to be appropriated for the public service of Canada.

'(12) Out of this fund £45,000 to be payable to Her Majesty, her heirs and successors, for the purpose of defraying the expenses for the administration of the Government and the Laws or the Civil List. This defrayed the expenses of Governor, Lieutenant-Governor, Chief Justices in Upper and Lower Canada, and Puisne Judges and Judges.

(13) And a further sum of £30,000 out of the said Consolidated Revenue Fund for defraying other Civil Service expenses.