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to be done. But who shall direct genial and vernal inmate of the breast, us to honest and competent work which at once pushes forth and cherers? They are at present establish ishes ; by self support and self-sufficing a new industry in Halifax, and ing endeavours; by anticipations, apthey have sent two of their lead prehensions, and active remembrances; ing merchants to roam over the Great by elasticity under insult, and firm reRepublic to try and find some one fit sistance to injury ; by joy and by to be entrusted with its management. love; by pride, which his imagination I understand that it was difficult to gathers in from afar; by patience, be find a person qualified to fill a situa cause life wants not promises ; by adtion in Montreal worth $25,000 a miration ; by gratitude—which deyear. There are Professorships vacant basing him not when his fellow-being in our Universities every year, and is its objectbabitually expands itself men competent to fill them are not for his elevation, in complacency toeasily found. When a lady applies wards his Creator.' Every word of to me for a governess, though I this is as true of women as of men. know of many out of work, I am And the substance of what I have thankful to find one whom I can written is this, throw no obstacle in recommend. Principals of Ladies' the way of those women who seek to Colleges assure me that their diffi. develope and cultivate to the utmost culty is the same. We need not be their higher nature, intellectual, emoalarmed at the spread and improve tional, and moral. Let them know ment of education. What the world that all the avenues, and all the pages needs, and greatly needs, is not less of of knowledge, are open to them; and it, but more and better. Depend upon that it is not unworthy of their sex to it, the well-educated man and woman think and to hope. For a very long can always get work to do, and food time, only a small minority will seek and raiment, at least, as recompense. to obtain this good thing of full-orbed They ask for no more. In themselves culture. Among that minority may they have a kingdom and an in be-probably will be—some fitted to expugnable fortress into which they bless mankind. In the name of juscan at all times retreat, where notice, for man's sake as well as for wa storms beat, and no famine threatens. man's sake, let the few who seek, find;
Not by bread alone is the life of man or if they fail, let them not have to sustained ; not by raiment alone is he blame any but themselves. Failure, warmed,' writes a seer who did much both men and women must acquiesce for the higher life of England, in the in. Injustice, neither man nor wofirst half of our century, but by the man can bear.
THE POWERS OF CANADIAN LEGISLATURES.
BY S. J. WATSON, TORONTO,
POLITICAL heresy has lately | summoning of the Houses of Ontario
attempted to sap the common and Quebec, employed the words 'Legfaith in the powers of the Provincial islature or Parliament of the Prov. Legislatures : its present object is to ince of Ontario ;' and · Legislature or dwarf and belittle them ; its future Parliament of the Province of Quebec.' object to sweep them out of existence. In the Confederation Resolutions,
This heresy, formulated in brief, 72 in number, adopted on the 13th would make the uninformed believe of March, 1865, by the late Parliathat these Legislatures are little better ment of Canada, we find that the than deliberative bodies ; that they words 'Legislature' and 'Parliament,' possess, of right, few executive func House of Commons,' and `House of tions; that their usefulness is a de Assembly,' are regarded as practically bateable question, and that their exist synonomous and interchangeable. ence may almost be said to depend Resolution 6 There shall be a upon sufferance. In speculative poli General Legislature or Parliament for tics, the right of these Legislatures to the Federated Provinces, composed of live, is a fair subject for discussion, the Legislative Council and the House like the utility of the Federal Senate. of Commons.' It happens, however, that very little Resolution 49. "The House of Cominvestigation will show that our Legis mons, or House of Assembly shall not lative Assemblies exist to perform the originate,' etc. functions which render necessary the
Resolution 79. "The sanction of life of a Colonial Parliament.
Imperial and Local Parliaments shall Let us inquire by what titles our be sought for the Union of the ProCanadian Legislatures have, in times vinces,' etc. past, designated themselves.
It will not be hard to show that our We find in an official document, Provincial Legislatures rank amongst issued by Sir Peregrine Maitland, the most important factors in our polidated York, 21st of October, 1826, tical system ; that they are not the the words :—Whereas, by our Pro mere appendages of the Federal Parclamation, bearing date the 25th day liament ; that they have high duties of September last, we thought fit to pro to fulfil, and that, within their own rogue our 'Provincial Parliament,' etc. sphere, they are independent of the
The Legislature of the late Province Ottawa House, and are absolutely of Canada was, throughout its history, sovereign. Let us test the matter. styled, in official documents, “The On the 17th of September, 1792, Provincial Parliament.' Taking up, the first Parliament of Upper Canada at random, the Journals of the old met at Newark. Lieutenant-GoverHouse of Assembly, we find in those nor Simcoe delivered to them an adof 1854, a Proclamation of the Earl of dress, the opening paragraph of which Elgin dissolving the present Provin says: cial Parliament of Our said Province.' I have summoned you together
In the earlier years of Confedera- | under the authority of an Act of the tiou, the Proclamations respecting the Parliament of Great Britain, passed
in the last year, and which has estab- 1 The difficulty as to Simcoe's promise lished the British Constitution, and is, after all, a mere question of words. also the forms which secure and main- The great self-evident fact remains untain itin this distant country.' Mr.John assailed and unassailable, that the Macdonnell, one of the members for Legislature of the Province of UpGlengarry, was elected Speaker. The per Canada, as long as it existed, Speaker, following the English prece continued to do all things pertaining dent, presented himself for approval to a Parliament. It raised money by to Lieut.-Governor Simcoe, who repre taxes ; made, enforced, and repealed sented the King of Great Britain. The laws; exercised the right to arrest and approval was granted, and the King's imprison. In a word, the Upper CanaRepresentative then promised that the dian Legislature, in its local sphere, members of the House should ' enjoy was as much a Parliament as, in its freedom of debate, access to his person, imperial sphere, was the House of and freedom from arrest.' There are Commons in Westminster. some who think that Simcoe had no We shall see, further on, whether, authority to make this promise. But in the opinion of some of our ablest it must be remembered that he was a jurists, the rights and powers of the military man, and belonged to an or old Legislatures have not descended der which, as a rule, refuses to act ex to the present Legislatures of Ontario cept on unquestionable authority. Is and Quebec. In the meantime, we it not more than probable, therefore, shall glance at some of the acts of the that in the solemn ceremony of open Legislature of Upper Canada; acts ing a new National Legislature in in which it exercised powers that the wilderness, Simcoe left nothing were locally sovereign ; which powers to chance or the hazard of the mo were never abrogated or questioned by ment, but that every act and every the King's representative, or denied word were carefully studied before by the King's Courts. hand, and authorized by the Gover The Statute of 31st George the nor-General in Quebec, acting for the | Third, cap. 31, known as the ConstiKing, or by the inonarch himself, in a tutional Act,' authorized the division manner now unknown to us. No of the Province of Quebec into the Royal Instructions can cover every separate Provinces of Upper and eventuality that may arise in the ad Lower Canada, and the establishment ministration of a Dependency ; much of their respective Legislatures. The is left to the discretion of the Gover second section of this Act provides, nor, and much communicated to him amongst other things, That in each which is never made public.
of the said Provinces, his Majesty, Would it not have degraded the his Heirs and Successors, shall have solemnity of founding a new order of power during the Continuance of this things to the level of a meaningless Act, by and with the advice and confarce, if the Lieut.-Governor had not sent of the Legislative Assembly of promised tl at the members of the na such Provinces, respectively, to make scent Legislature should not enjoy laws for the peace, welfare, and gooil
freedom of debate and access to his government thereof, etc. The italics person?' The promise of freedom are our own. from arrest was in reality a very sim The Union Act, 3-4 Vic., cap. 35, ple affair ; little more than a mat- sec. 3, enacts as follows :ter of form. From 1792 until 1840, •From and after the Re-union of the the year of the Union Act, a period said Two Provinces, there shall be of nearly half a century, there was within the Province of Canada one only one case in which Privilege was Legislative Council and one Assembly pleaded against arrest.
* * which shall be called “The Legislative Council and Assembly of entered upon the Journals, nem con. Canada ;” and within the Province of They are placed at the Bar, and, being Canada, Her Majesty shall have power, called upon for their defence, they by and with Advice and Consent of severally explain the cause of their rethe said Legislative Council and As fusal ; their statements to be taken sembly, to make laws for the peace, down in writing, and entered on the welfare, and good government of the Journals. Motion, that James Givens, Province of Canada,”' &c., &c.
Esq., has been guilty of contempt of It will be seen by the passages the House, and a breach of its privimarked in italics, that the powers and leges, and that the Speaker do issue functions of the old Legislatures of his warrant for committing him to the Upper and Lower Canada were neither York Gaol for the remainder of the abrogated nor changed by the Union present Session : several amendments Act; but, on the contrary, were trans negatived, and motion agreed to. A ferred in full force to their Legislative like resolution, respecting Nathaniel heir-at-law and successor. Nay more, Coffin, Esq. Speaker submits the form the same clear and emphatic language of separate warrants of committal, which, in the Imperial Act of 1791, which are approved by the House. defines the object of the creation of Sergeant-at-Arms directed to carry the the old Legislatures, namely :-* To the same into execution. make laws for the peace, welfare and The plea of Messrs. Coffin and good government of each Province,' Givens was, that both of them had is repeated in respect to the creation applied to his Excellency for leave to of the Legislature of the United Pro attend the Committee, but that, in vinces.
each case, he had refused permission. We shall proceed to show, in the lan- | In the case of Mr. Givens, his answer guage of official documents them was, “ That he is an officer of the Inselves, how the Legislatures of Upper dian Department, and is now acting Canada, and of United Canada, inter at the head of that Department in this preted Lieut. Governor Simcoe's con Province. In the case of Mr. Coffin, cession, and the words we have | his Excellency's answer was, that he italicised. In the proceedings of the could not give him permission to atHouse of Assembly of Upper Canada, tend the Committee, appointed to en1828, are found :
quire and report upon the petition of Motion, that Nathaniel Coffin, Esq., William Forsyth, because he (the Adjutant-General of Militia, and James Lieut.-Governor), did not know what Givens, Esq., Superintendent of Indian were the matters of which Forsyth Affairs, having been summoned by a | complained, or what were the facts in Committee to appear before them, and regard to which the Committee desired not having complied therewith, they to interrogate Mr. Cotfin. (Journals, be apprehended and placed at the Bar, 1828). to answer for such contempt, forth with. In respect of these arrests, a MesAmendment, for appointing a Com. sage was transmitted to the House of mittee to search into precedents, and Assembly, by the Lieutenant-Goverascertain in what cases the Executive nor, Sir Peregrine Maitland. Mr. Government should be addressed, in Speaker Willson, who, in his signaorder to produce the attendance of any ture to the Address in reply to the public officer, &c., negatived : main Speech from the Throne, at the opermotion agreed to. Sergeant-at-Arms ing of the Session, styles himself, reports his proceedings upon the John Willson, Speaker, Commons Speaker's warrant, and the refusal of House of Assembly,' read the Me: those gentlemen to allow themselves sage to the House : to be arrested ; Report ordered to be “P. MAITLAND. The LieutenantGovernor, acquaints the House of As- 1 he could not properly recede- and sembly that the Adjutant-General of of this the Assembly may be assured, Militia, and Colonel Givens, Superin that if the propriety of its proceedings tendent of Indian affairs, acting as the shall be confirmed by His Majesty, no head of that Department in this Prov. | one will be more ready than himself ince, have reported to him that they to recognise the privilege in question are in custody under a warrant of the on all future occasions, and to enforce Speaker of the House of Assembly for its observance by all whom it is his a contempt in disobeying the summons duty to control. of a Select Committee appointed to
Government House, report upon a petition of William • 24th March, 1828.' Forsyth.
The Lieutenant-Governor will al This message from Sir Peregrine ways view with extreme regret any Maitland is nothing less than might circumstance likely to produce mis be expected from one who cherished understanding between any of the his peculiar views on what we now branches of the Legislature; and, not term Responsible Government. The withstanding the protection which he second paragraph ends with a sneer. justly owes to all officers serving under It is to be observed, however, that the his Government, and acting, as he con complaint is a personal one; the House ceives, in the due discharge of their had dared to imprison two officers duty, he has forborne to interrupt whom the Lieutenant-Governor rethe proceedings of the Session, by garded as under his protection, 'acthastening the intended period of Pro ing as they conceived, in the due disrogation*, indulging a hope that some charge of their duty.' measure useful to the country might But the most important point yet be matured before the Legislature remains to be noticed. There can separated. . . . . . . be no doubt that Sir Peregrine ful
• The departure of the Assembly from filled his promise to solicit the directhe usage prevailing in this Colony, tion of His Majesty's Government.' and as far as he can learn, in other There can be as little doubt, that no Governments, could not be acquiesced official answer to the 'solicitation' was in by him without that conviction of ever made public. The Imperial Govits propriety which he does not now ernment, by its silence, must be entertain.
taken to have acquiesced in the course 'For his future guidance, under sim of the Upper Canadian Legislature. ilar circumstances, he will solicit the The House took no action on the Mesdirections of His Majesty's Govern sage. Messrs. Givens and Coffin were ment--if the power claimed by the committed on the 22nd of March ; the House of Assembly has been consti House was prorogued on the 25th of tutionally assumed and exercised, the March, when, of course, they would House has discharged its duty in as be liberated. serting it. If, otherwise, the Lieuten In the House, in 1829 :. ant-Governor, in withholding his per Motion, that Allan N. MacNab, mission, I hadaduty to fulfil from which Esq., having refused to answer cer
tain questions put to him by the Com* This expression is somewhat obscure : it
mittee on the Hamilton Outrage, and may mean, however, that, although the pro having otherwise misdemeaned himrogation of the House would, of necessity,
self, is guilty of a high contempt and have liberated the officials, the Lieut.Governor had forborne to hasten that event.
breach of the Privileges of the House. +Sir P. G. Maitland was unaware of the Motion agreed to. Mr. Speaker to case of the Legislature of Jamaica, and Major
issue his warrant for apprehending General Carmichael, noticed further on.
# To obey the summons of the Committee. | him. He is placed at the Bar, and