Читать книгу A Narrative - Sir Francis Bond Head - Страница 14

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My Lord,

A few days after my arrival here I received a communication from the Executive Council, submitting to me the necessity of increasing their number, which, from being composed of three individuals, would (in case of the illness of any of the members) be unable to form a quorum. I was also informed by them, that as Mr. Peter Robinson, besides being Commissioner of Crown Lands, was also an Executive Councillor, he had the invidious duty imposed on him of auditing his own accounts.

This important subject, as I stated to your Lordship in my Despatch, No. 5, has occupied my attention for some time: for in so small a community as that of Toronto and its neighbourhood, to select {55} three individuals suited to the office was no easy task.

After making every inquiry in my power, I became of opinion, that Mr. Robert Baldwin, advocate, a gentleman already recommended to your Lordship by Sir John Colborne for a seat in the Legislative Council, was the first individual I should select, being highly respected for his moral character, being moderate in his politics, and possessing the esteem and confidence of all parties.

Having come to this conclusion, I deemed it prudent to consult the Chief Justice, who is speaker of the Legislative Council; Mr. Bidwell, the speaker of the House of Assembly; and the members of the Executive Council; and as all these gentlemen unreservedly approved of his selection to the office,^[1] I sent for Mr. R. Baldwin, and proposed to him to accept the same, with the addition of Mr. ——, who had already been recommended by my predecessor, and Dr. Rolph, who had also been recommended by Lord Goderich as Solicitor-General of this province.

I had several interviews with Mr. Baldwin, of many hours’ duration; I allowed him to consult Mr. Bidwell, Dr. Rolph, and his other friends, on the subject; and the result of his deliberations was, his positively declining to take the office, unless I enabled {56} him to carry with him the support of the House of Assembly, which he stated could not be effected unless I should consent to dismiss the three existing councillors.

With this demand I resolutely refused to comply, on the grounds that I had other interests besides those of the House of Assembly to consider; that the Commons already possessed its own legitimate power; that to impart to it in addition an exclusive influence in my Council would be unconstitutional and unjust; besides which, it would at once connect with party feelings the representative of His Majesty, who ought to stand unbiassed, and aloof from all such considerations.

Mr. Baldwin maintained his demands, and I accordingly parted with him, declaring that nothing should induce me to dismiss from the council three gentlemen who had given me no cause for complaint; that, if necessary, I would rather throw myself on the good sense of this country, as well as of the world, and abide the result, whatever it might be.

On Mr. R. Baldwin leaving me, I sent for his father, Dr. Baldwin, who, although rather more ultra in his theory of reform, is a gentleman of very large property, who is respected for his moral character, and who had also been recommended by my predecessor for a seat in the Legislative Council. On consulting with Dr. Baldwin, and on proposing to him that he, Dr. Rolph, and Mr. ——, should join the Executive {57} Council, he insisted on the same demands as Mr. R. Baldwin, and we accordingly parted.

I felt so confident the terms required of me were unjust, and that to all reasonable men they would appear so, that I had fully determined on the course I would adopt. However, this alternative was rendered unnecessary, by an intimation I received that Mr. R. Baldwin felt disposed to reconsider my proposal; and accordingly, the following day, he called upon me to agree to join the council, without the dismissal of the three existing councillors.

I accordingly appointed an hour to receive Mr. R. Baldwin, Dr. Rolph, and Mr. ——, and in their presence I addressed the following note to Mr. Baldwin, a copy of which it was agreed should be given by him to Mr. —— and Dr. Rolph.

Government House, Feb. 19, 1836,

Dear Sir,

I have great pleasure in learning that you. Dr. Rolph, and Mr. ——, accept the invitation I made to you, by joining the Executive Council.

The confidence I shall repose in you will be implicit; and as I have no preliminary conditions either to accede to, or require from you, I shall rely on your giving me your unbiassed opinion on all subjects respecting which I may feel it advisable to require it.

I remain, dear Sir,

Yours faithfully,

F. B. Head.

R. Baldwin, Esq.

{58}

After my interviews with these gentlemen, who were yesterday sworn into office, and gazetted, as “members of the Executive Council, until the King’s pleasure be known,” I sent for Mr. Bidwell, and asked him whether he conceived that the House of Assembly would feel satisfied with the addition I had made to the Executive Council.

Mr. Bidwell told me that he thought these appointments would give general satisfaction; that he was of opinion the House of Assembly had confidence in these gentlemen, as well as in myself, and that it would be his desire, as well as those, he believed, with whom he co-operated, to give me their assistance, and in no way to offer me any factious opposition. He observed, however, that there were several grievances, which your Lordship’s instructions to me had overlooked, and that he expected these would shortly be brought before my attention.

I must add, that Mr. Bidwell’s communications with me have been satisfactory, and that I have no cause whatever to complain of him, although I have not hesitated invariably to apprize him that with his political opinions I do not concur.

Having now informed your Lordship of the individuals I have added to the Executive Council, with the circumstances which have preceded their appointments (which, I trust, may be confirmed), it only remains for me to state, that although tranquillity in this province is, I now conceive, momentarily established, {59} I do not expect that the present House of Assembly will long discontinue their agitations.

It shall be my duty, however, to afford them no reasonable cause for complaint. To their addresses, as well as to their opinions, I will give every possible attention, and will afford them ready assistance to correct all real grievances; but I am so convinced that every improper concession will not only strengthen their demands, but weaken my influence in the province, that I shall continue to resist, as I have hitherto done, any demand that may at all tend to undermine the happy constitution of the province, as I believe that this policy will eventually secure to the Lieutenant-Governor of Upper Canada (whoever he may be) the confidence and the support of the community.

I have the honour to be,

My Lord,

Your Lordship’s most obedient servant,

F. B. Head.

The Lord Glenelg, &c. &c. &c.

P.S. I submit to your Lordship copies of two addresses I received last week from the House of Assembly, with my answers, which explain the reasons for which I declined to comply with their requests.

Without troubling the reader with these two querulous addresses, my answers to them will sufficiently {60} explain that they were small clouds clearly indicating an approaching storm.

(copy of answer, No. 1.)

“Gentlemen,

“I much regret that I cannot, without authority from the Secretary of State, comply with the request contained in your address.

“The numerous copies of despatches, &c., which accompanied my message to the House of Assembly, of the 15th instant, will, I trust, satisfy the House of my desire to lay before it as much of the correspondence between my predecessor and His Majesty’s Government, as with any propriety I could be expected to divulge.

“I have already given to the House, according to its request, the names of individuals whose recommendation for seats in the Legislative Council has not yet even received the sanction of His Majesty’s Government.

“The only part of His Excellency Sir John Colborne’s despatch of the 16th September, 1835, which I have deliberately withheld, is that in which he confidentially expresses to His Majesty’s Government his high estimation of the character of the individuals he proposes; and although in the particular case alluded to, no objection whatever exists to the publication of his opinions, yet I conceive it would establish a bad precedent, were I to consent to make {61} public, descriptions which must unavoidably always be personal, and which might occasionally be painful to the individuals, and consequently unjust towards them to disclose.”

(copy of answer, No. 2.)

“Gentlemen,

“It is with great reluctance I feel it necessary to state, that, without authority from the Secretary of State, I am unwilling to submit to the House of Assembly ‘the documents and other evidence in the possession of the Government or its Officer, relative to the Huron reserve, or to the proceedings of the Government had thereon, as would enable the House to ascertain whether its interference on behalf of the Wyandot Indians is required.’

“My objections on this subject are those of policy rather than of law; and without denying the constitutional right of either of the two Houses of the Legislature to inquire into any subject in which they may consider the public interests to be involved, I am of opinion that the disclosure of ‘documents and evidence’ alluded to would be attended with evil consequences to those whom it is intended to benefit, by rendering the Indians doubtful of the all-sufficient and paternal protection of His Majesty, on which they have hitherto solely relied.

“Without reverting to the anomalous history of the aborigines of this land, I will merely observe, that, in {62} Upper Canada, the Indians have hitherto been under the exclusive care of His Majesty, the territories they inhabit being tracts of Crown lands devoted to their sole use as ‘His allies.’

“Over these lands His Majesty has never exercised his paramount right, except at their request, and for their manifest advantage. Within their own communities, they have hitherto governed themselves by their own unwritten laws and customs; their lands and property have never been subject to tax or assessment, or themselves liable to personal service.

“As they are not subject to such liabilities, neither do they yet possess the political privileges of His Majesty’s subjects generally.

“The superintendents, missionaries, schoolmasters and others, who reside among them for their protection and civilization, are appointed and paid by the King; to his representative all appeals have until now been made, and with him has all responsibility rested. In every respect they appear to be most constitutionally within the jurisdiction and prerogative of the Crown; and as I declare myself not only ready, but desirous to attend to any complaint they may offer me, I consider it would be highly impolitic (especially for the object of redressing a trifling grievance) to sanction the adoption of a new course for their internal government.

“To this general view of the subject, I have only to add, that as regards the particular memorial submitted {63} to the House of Assembly, by Thomas Splitlog, Thomas Clerk, and six others, of the Huron or Wyandot nation, a counter-petition, signed by eleven individuals of similar tribe and rank, has been presented to the House of Assembly, stating, ‘we have the fullest confidence in the justice and fatherly protection of our beloved Sovereign and his representative the Lieutenant-Governor.’ ”

[1]	They recommended him only as a middle-man.