TO THE 
 
 REFORMERS OF FROXTENAC, 
 
 PUBLISHED DY ORDER OF 
 
 Uljc aAtFortti 
 
 OF CANADA. 
 
 Toronto: 
 
 PRINTED BY C. DONLEVY, MIRROR OFFICE. 
 
 1844. 
 
Address of the Honorable Francis Ilincks to the 
 Reformers of Frontenac. 
 
 GENTLEMEN, 
 
 In addressing you publicly on tho present occasion my first duty is to 
 explain the circumstances which havo rendered it necessary that I should do 
 so. About ten days ago I was requested by some gentlemen, freeholders of 
 the County, to attend a meeting of Reformers, at the village of Sydenham, on 
 Wednesday the 7th inst., the object of which was to appoint a committee to select 
 a Candidate to oppose Mr. Smith atthe next general Election. It was stated thatl 
 could render service to the cause, by explaining the measuresand the policy of tho 
 late Ministry. I cheerfully acceded to the request, on the distinct understanding 
 that it was lo he a party meet ingot ourown friends. I have longsince determined 
 to avoid public meetings open to both political parties,not that 1 fear discussion,but 
 because 1 know by sad experience, that our opponents have no arguments but 
 those of the bludgeon and bowie-knife. And I would most earnestly recom¬ 
 mend you gentlemen, and our brother Reformers every where, to avoid public 
 meeting on all occasions, and to let it be distinctly understood that the meetings 
 of our opponents are mere party demonstrations. By keeping away from them 
 altogether you will destroy the effect that they are intended to produce. I could 
 not have believed it possible, had l not been present, that any gentleman 
 would have acted with such total disregard to delicacy and propriety as your 
 representative Mr. Smith. A rumour having been circulated that the Orange¬ 
 men from Kingston intended going out to our meeting, I called on Mr. Smith 
 to remonstrate with him on the subject, but I found him determined to attend. 
 Mr. Thibodo then addressed a letter both to Mr. Gowan, Grand Master of tho 
 Orangemen, and to Mr. Smith, warning them that the meeting was not open 
 to the public, but only to the supporters of the late Ministry—Mr. Thibodo also 
 took the necessary steps to bring the meeting under the protection of the late 
 Act of Parliament, 7 Vic. Cap. 8, which expressly recognizes the right of 
 *4 particular classes of the inhabitants” to hold meetings. The legal notice 
 was issued by two Magistrates, who described the meeting as “ a Public 
 Meeting of the supporters of the late Provincial Administration”—notwith¬ 
 standing all this, I found on going out to Sydenham that the peaceable inhabi¬ 
 tants had been deterred from attending their own meeting in consequence of 
 the determination of the Orangemen to muster in force to put them down. As 
 was expected, these Orangemen came out in procession from Kingston, and, 
 
 1 regret to say accompanied by persons connected with the government, such 
 a 9 the Deputy Sheriff, Deputy Inspector of Licenses, Constables, &c. Among 
 them were the very men who had been most active at tho last Sydenham riot. 
 They were armed in various ways, in open violation of tho law. They 
 introduced themselves into the place of meeting, even into the very room where 
 I was sitting with some of my friends, and hardly had they come in before I 
 
4 
 
 heard a man exclaim in n ruffianly manner. “ Fll see whether any damned 
 rascal shall hold a private meeting in Sydenham.” On enquiry who this 
 person was I was told he was a Magistrate ! ! ! And that very person was 
 chairman of the Orange meeting, and in direct violation of the law neglected 
 reading the Magistrate’s notice, which he was required to do by the Act. 
 Finding myself in the power of a mob of ruffians who, as I know by experience 
 literally thirst for my blood, [ determined to take the earliest opportunity of 
 leaving the place of meeting, as I knew perfectly well that a riot would soon 
 be got up, and that in the confusion Mr. Thibodo and myself would be marked 
 men. 1 accordingly took my departure, went to another tavern, and soon 
 after addressed a few remarks to our friends who were present—-[ promised 
 that as I had been deprived of the opportunity of addressing them at this 
 meeting, [ would get all the substance of what l had intended saying, printed 
 and circulated among them extensively. I do not think, gentlemen, after all 
 that our Orange opponents have much to plume themselves on. Messrs. Smith 
 and Gowan might have made speeches to their brethren any evening at their 
 lodge rooms in Kingston. As far as the government is concerned it has 
 already had the benefit of one great Orange demonstration for the County of 
 Frontenac, viz, at Waterloo. Another will not help it much.* The la\vs of 
 the land have been openly violated, and by persons connected with the govern¬ 
 ment, but in my opinion we ought to congratulate ourselves that the sincerity 
 of the declarations of the present administration against Orangeism will now 
 be tested. We shall see whether the Magistrate that I have alluded to will be 
 dismissed, whether the Deputy Sheriff and Inspector will meet the same 
 punishment. I have felt it my duty to bring the whole affair underlie nolico 
 of the government, and I pledge myself to you, gentlemen, that if I live until 
 Pavliment meets, Messrs. Viger and Daly shall be held responsible for this 
 gross outrage perpetrated by their Orange supporters. You now understand 
 gentlemen, my reasons for addressing you in this manner. The first advice 
 I would give you, is to be united among yourselves. No political object can 
 be accomplished except by means of party combinations, and although it is the 
 fashion with many to decry party, I have no hesitation in avowing myself to 
 be a decided party man. I belong to a party whoso objects are to secure tho 
 peace and prosperity of the Country, and the maintenance of the connection 
 so happily subsisting between this Colony and the parent Slate. The effect 
 of the policy of our opponents, as I firmly believe would be to endanger British 
 connection, and to disturb the peace of the Conntrv* When, gentlemen such 
 important results are likely to follow the adoption of a particular line of policy, 
 it becomes the duty of every mm to join that party whose objects he believes 
 to be most beneficial to his country. Nothing can be accomplished except by 
 means of party, and I therefore repeat, you ought to be united among your- 
 
 * rhe accounts given of tho late meeting in the Tory papers, show clearly 
 that it was almost exclusively composed of the opponents of the late Ministry. 
 I can only say for myself, that until the Orangemen abandon their ruffianly 
 proceedings at public meetings, I will not consent to discuss political topics in 
 their presence. I never proposed meeting them, and 1 abandoned the ground 
 to them at Sydenham, just as I would deliver mv purse to a high vayman who 
 h$d a pistol pointed at my heart. 
 
5 
 
 selves. You never aeo any division in the ranks of your opponents, who owe 
 all their political influence to their superior organization. Not, gentlemen, 
 that you ought to have secret societies. Your objects being legitimate, you 
 require neither secret signs nor oaths. Believe me, however, that there cannot 
 be a greater delusion ihun to imagine that in a free country, enjoying represen¬ 
 tative institutions, all the people can be got to be of one mind, and of course of 
 one party. Great fault has been found with the late Ministry because 
 they were party men, and because they desired that the vacant offices should 
 be filled by men, of their own party, that is men desirious of preserving 
 British connection, and securing the peace of the country, instead of those 
 who, in their opinion, are taking a course calculated to produce the contrary 
 effects. On the principles avowed by the Mead of the Government I might, 
 if a member of the Administration, be compelled to defend the appointment of 
 one of the Orange ruffians who committed such a flagrant outrage upon U3 on 
 Wednesday last. We were accused gentlemen, of wishing to purchase Parli- 
 < amentary support ? With what object ? To keep ourselves in office. I trust 
 
 there are but few Reformers in the Province who believe that our objects were 
 so selfish. No, gentlemen! Wo desired to carry out our principles, the 
 principles of our party, the principles which would lead to such great results 
 as peace, prosperity, and British connection. It was to carry out such objects as 
 these that we sought parliamentary support, which, after all, is the support of 
 the people. I will however have to enlarge on this subject by and bye, when 
 I come to speak of the late resignations. Having impressed on you the neces¬ 
 sity of union among yourselves, l would recommend you to lose no time in 
 forming township committees, to act in concert, and to select a Candidate, who 
 ought to be unanimously supported by all the friends of Reform. From tho 
 information that I have received, I feel certain that there is a majority in tho 
 County of Frontenac favourable to the principles of the late Administration, 
 and that by prudence and forbearance to one another you will succeed in tho 
 approaching contest. Your present member is identified with a party, whose 
 conduct must excite indignation and disgust in the mind of every friend to tho 
 peace and welfare of the country. It is your duty to combine together to 
 secure his defeat. I would recommend you not only to have a general commit¬ 
 tee for the purpose of selecting your Candidate, but when that has been dono 
 to divide each township into a convenient number of sections, and place each 
 under the charge of a zealous Reformer, who should ascertain the opinions of 
 the inhabitants, and their right to vote. This is absolutely necessary, as a poll 
 will be held in each township, and the Candidate of course can only be present 
 in one. Your committee men should circulate information which is particu¬ 
 larly required at present, in consequence of the misrepresentations regarding 
 the Assessment Bill, the removal of the Seat of Government, and the lato 
 resignation of Ministers. Our principles will bear examination and discussion, 
 and you should seize every opportuniiy of explaining them, not to the Orange 
 and exclusive party with whom you can have no sympathy, but to those who 
 agreeing with uson great principles have beenled astray by misrepresentation. 
 
 I now proceed, Gentlemen, to offer those observations on tho measures 
 and policy of the Government, of which I was a member, which I would 
 have done verbally, had our political opponents afforded me an opportunity. 
 The most absorbing question at the present moment is, of course, tho resig- 
 
8 
 
 ofttion of the late Ministry, involving, as it does, the vital nrinciplo of 
 Kesponsiblo Government. There has always been a great anxiety manifested 
 on the part of the Crown, both in our own and in other countries, to maintain 
 its prerogatives subject to as little control as possible, and it ought not, 
 therefore, to have been a matter of much surprise that the people of this 
 Province had to pass through a long struggle to obtain that just control over 
 the prerogative which their fellow subjects in Biitain obtained at'the time of 
 J. , ^ evolu ! ion °* . But we have a right to express surprise when we 
 
 nnu that, after all the difficulties that have been experienced in this Province, 
 owing to the want of constitutional government, after our long and arduous 
 contest having terminated, as wo were led to believe it had, by the concession of 
 the great principle of Responsible Government, as 'practised in England, the 
 Imperial Government are determined to make another struggle, a fruitless and 
 absurd one it must be, to support the Governor of Canada in an undue exer¬ 
 cise of the Royal Prerogative. Attempts have been made, gentlemen, 
 to induce you to be live that Responsible Government is fully admitted by tho 
 distinguished individual at the head of the government, it is true, indeed, 
 that the term Responsible Government has been used, but that is not what we 
 want \V e must have the substance, not the shadow. The very object of 
 I esponsible Government is to control the prerogative, by providing tho 
 Governor with advisers possessed of public confidence, if, however, tho 
 Governor is to make appointments lo office, either without or against tho 
 advice of his responsible advisers, it must be obvious to every man of common 
 understanding that all the advantages of Responsible Government would be 
 lost. Can you imagine for one moment, gentlemen, that any set of men will 
 remain in office if appointments are to be made prejudicial lo their influence ! 
 i he very idea is absurd. A government acting in such a manner as to 
 destroy itself. And yet the Governor declares, in almost every one of his 
 answers to addresses, that tne appointments are to bo made without reference 
 to party considerations. Notwithstanding this declaration, gentlemen, l fear 
 that none of us, no matter how well qualified we may be to fill office, will be 
 honored with an offer. Indeed 1 should have a very poor opinion of the judg¬ 
 ment of those who would make us one—unless with the view of purchasing 
 either silence or support. Nothing, I confess, has appeared to me more 
 absurd than the complaints made against the late ministry because thev would 
 not consent to remain in office while appointments were made for which they 
 wore held responsible, and which were prejudicial to their influence. I know 
 that in England the statesman w ho would submit to such a system of government 
 would be looked upon as bereft of his senses. Let me, gentlemen, give you a prac¬ 
 tical illustration of the effect of such a system. I will suppose that I have been 
 elected your representative, pledged to the principles which 1 have always 
 maintained, viz., that ail classes cf the people should be placed on a footing 
 of perfect equality as regards religious and educational endowments, and that 
 the people should be allowed the entire management of their own local affairs. 
 
 I will suppose that persons of the same political opinions are in the majority 
 ia Parliament, and on tho principles of Responsible Government, that the 
 Provincial Ministry of which I am a member, profess the same opinion. I 
 will next suppose that a vacancy occurs in one of the District offices, and 
 that it is filled up by the appointment of the party of the minority, a man 
 
hostile to religious equality, and to the extension of the popular influence. 1, 
 ns a member of the government, have to come before you, my supporters, 
 and avow that this appointment was made ly my advice, that 1 am responsible 
 for it, and that this is the way I take to advance my political opinions, and to 
 further the objects of my party. What, gentlemen, would you say to such a 
 declaration ? I know and feel that you would laugh to scorn the man who 
 made it, and would tell him that you would find a representative whose acts 
 would bo in accordance with his professions. For my part, gentlemen, and I 
 may venture to speak for my late colleagues, 1 state publicly and distinctly, 
 that 1 will not act with any government which avows the principle of making 
 appointments in the belief that they will be prejudicial to its own influence ; 
 and no Reformer has a right to expect from any member of his party that he 
 will submit to occupy such a degrading position. It amuses me a little, I must 
 confess, to observe how such sentiments are cheered by the Tories, now that 
 they are out of oflice, and in a hopeless minority. They are obliged to submit 
 to Responsible Government, that is, having a ministry of the party of the 
 majority, and they are willing to console themselves with the assurance that 
 they will still have an equal chance of getting oflice with their opponents. But, 
 gentlemen, how did they act when in power themselves? Look only to the 
 various oiTices in this District—are they not all in the hands of our opponents ? 
 The Judge, the SherifF, the Treasurer, the Inspector of Licenses, the Regis¬ 
 trar, the Clerk of the Peace, the Collector of Customs, the Clerk of the 
 District Court, all, without one solitary exception, are Tories ; and, gentlemen, 
 the same remarks would apply equally well to the County that I represent, 
 and to the Counties adjoining to if, and indeed to nearly all the Counties in 
 the Province. So that even on the principle of fair play, had every appoint¬ 
 ment been given to our friends, it would have taken fifteen or twenty years to 
 bring us to^anv thing like a footing of equality with our opponents. You 
 must, therefore, sec how impossible it was that we could submit to have our 
 political influence undermined by the appointment of our opponents ; and \ 
 can assure yon that cases of the damaging nature I have described actually 
 occurred. I need only allude to one, that of Mr. Powell, which took place a 
 day or two before our resignation. Mr. Smith, your present representative, 
 is now very apprehensive lest the Administration should be able to purchase 
 parliamentary support. What, however, has been his own practice? Did 
 ho or did he not employ his parliamentary influence to procure the appoint¬ 
 ment of Mr. Sheriflf Corbett, who evinced his gratitude by making Mr. 
 Francis Smith, brother of your member, hi? Deputy. It is, of course, for 
 you to judge whether these appointments were judicious, and whether Mr. 
 Smith employed his influence for the public good, or to serve his own private 
 friends and relations. That is his affair and yours, but I contend that the 
 appointment in question was made owing to Mr. Smith’s use of his parliamen¬ 
 tary influence ; and further, I am sure the Administration of the day, in 
 meeting his views, understood him to be a friend to their policy and measures, 
 and believed that ho made a recommendation that would give satisfaction to 
 the party by which he was supported. It is but an act of justice to the late 
 Ministry to remind you, gentlemen, that the Bill for securing the Independence 
 of Parliament, brought in by Mr. Lafontaine, would have had a most impor¬ 
 tant influence in checking any thing like corruption in the Government. The 
 
3 
 
 object of that bill was to exclude from Parliament all subordinate officers of 
 the Government, all indeed, who were not liable to be driven from office by a 
 vote of the House of ^sembiy. The fact that this bill was introduced bv 
 the late Ministry ought to be sufficient to convince you that they had no desire 
 to purchase parliamentary support—unless, indeed, it be called purchasin? 
 parliamentary support to administer the Government in such a manner as 
 will be satisfactory to the people and their representatives. 1 am sure, gen¬ 
 tlemen, that you will rhink I havo said enough on this subject ; but as ’l am 
 anxious to convince you that the views of the late Ministry with regard to 
 the distribution of patronage, are strictly in accordance with English practice 
 Hshall copy an extract from the work of a very celebrated writer on Political 
 Economy, Prolessor McCulloch. In an article on the Constitution and Gov- 
 ernment of England, the following passage occurs : 
 
 From McCulloch's Geographical Dictionary .—Article cn “ England and 
 Wales . —C onslilution and (Government . 
 
 “ Not only are the Legislative measures proposed bv the Crown and con¬ 
 duct of the internal Government of the country, and its foreign relations with 
 other States entrusted to Ministers, but they have also the disposal of all, or 
 by far the greater part of the patronage belonging to the Crown. Offices 
 involving no political responsibility, such as those of the household, have been 
 sometimes exempted from this rule, and left to be filled up by the Sovereign 
 according to his personal predilections, but this is not bvany means an uniform 
 practice, and Ministers have repeatedly required and obtained the disposal of 
 these offices.” 1 
 
 “Generally speaking, patronage in a country like England, is always 
 exercised with a view to the acquiring or preserving Parliamentary support. 
 Napoleon, the King of Prussia, and the Emperors of Austria and Russia 
 might select individuals to fill offices on the sole ground of their superior fit¬ 
 ness to discharge their duties. But in a free country suitableness for office 
 is no* the only thing to he attended to in deciding as to the comparative claims 
 of candidates for official preferment : if they possess it so muc’h the better •, 
 but the primary consideration is, how is the government to be carried on % 
 Now that, it is plain, will be best effected by securing the active support of the 
 friends of Government and by weakening the party of their opponents : and 
 the distribution of patronage is one of the principal means by which these 
 objects are to be realized. A government that would neglect to avail itself of 
 this power conld not long^ exist. Hence in England, nine out of every ten 
 situations are disposed of, on the recommendation of persons possessed of Par¬ 
 liamentary influence. This in fact is here the via regia to preferment and 
 state, distinction. In filling up the conspicuous situations, the talents and 
 acquirements of the Candidates, as well as their recommendations must 
 necessarily be taken into account ; but in the great majority of cases parlia¬ 
 mentary patronage is the sine qua non. Were the Government more popu- 
 ar than it is, this result would be still more apparent. A man of ability ia 
 Prussia without connections, has a much better change of getting on if he 
 devote himself to the public service than in England ; but at the same time, 
 le c lances of such a person being advanced are infinitely greater here than- 
 ta tne United States, In the latter, every thing is sacrificed to party consL- 
 
0 
 
 derations } and the most splendid talents and capacity to render groat public 
 services would never advance their possessor one step on the ladder of pro- * 
 motion if he happened to be of a different party from that in favour at the 
 time, or to want party support. The reason is, that in England Parliamentary 
 influence predominates merely, whereas in America it is everything 5 and 
 every thing must, in consequence, be made subservient to its support.” 
 
 I shall not enter at length into the proceedings of the late Ministry at the 
 time of, or subsequent to their resignation. I have shown you that the views 
 of the Governor General with regard to tho distribution of patronage, are 
 altogether opposed to English practice, and are such as no Ministry of any 
 party can carry out. His Excellency is determined, as he says, to exerciso 
 the prerogative of the Crown as he himself thinks right, and not according ro 
 the advice of his Ministry, which latter system would make him “ a mere tool 
 in the hands of his Council.” Most assuredly he could not be more “ a tool” 
 than what his Sovereign is, and the very object of Responsible Government, 
 as I have already stated, is that the Governor shall act, not according to his 
 own wishes and opinions , but according to those of the people, which, under 
 our Constitution, are expressed through his responsible Ministers. Never for¬ 
 get, gentlemen, that in the contest now going on, the late Ministry and their 
 friends are contending for your rights. What is parliamentary influence? 
 
 Why your influence, gentlemen, and the purchase of parliamentary support is 
 making the appointments that the people desire. It is your interest, there¬ 
 fore, to join heartily with us in this great contest. The stakes that are played 
 for are high indeed. They are no less than your own and your children’s 
 liberties on the one side, and on the other the prerogative of the Crown as 
 contended for by the infatuated Monarchs of the Stuart race. 
 
 I shall proceed now, gentlemen, to touch on some of the most important 
 measures introduced by the late Ministry, and I shall commence with tho bill 
 for the establishment of municipal institutions. 1 know that efforts have been 
 made to dissatisfy the people with municipal institutions altogether, and that it is 
 asserted that the system now in operation has been a failure. You, gentle¬ 
 men, will have too much good sense to be led astray by any representations 
 from your opponents that you are incapable of managing your own affairs. 
 
 The present act was a mere experiment, and every one almost who supported 
 it was convinced that it would require great alteration. The question for you 
 to consider is not that act, but the bill which we introduced, and you will And 
 that the latter is as liberal as any reasonable man can desire. Every thing is 
 left to the people themselves, who have the election of their own Councillors, 
 and then again the appointment of their Warden, and every other officer that 
 they wish to employ. 1 he Government retained no patronage whatever, 
 another proof that they did not seek to strengthen themselves in that wav. 
 
 It is for you, gentlemen, to determine whether you are capable of managing 
 your own local affairs, or whether you would prefer leaving it to the Govern¬ 
 ment, or to the magistrates, to manage them for you. If you prefer the for¬ 
 mer system, I think you will find that the bill introduced by the late Ministry 
 will offord you all the power that is requisite. I now come to the assessment 
 bill, which has been more misrepresented by our political opponents than any 
 other bill that was brought lorward, and which, in my judgment, would con- 
 duco more to the^benofit of the resident settlers ol the country than any mea- 
 
10 
 
 sure ever submitted to a Canadian Legislature. It may be very well, gentle¬ 
 men, for interested parties to misrepresent this bill, and to cry it down as 
 * unpopular. It cannot be unpopular. The mass of the people are the parties 
 to be benefited by it, and when they come to understand it, they will support 
 it most zealously, and withdraw their confidence from those who have opposed 
 it. You have been told gentlemen, that the effect of this bill would have been 
 to increase your taxes. Such assertions are untrue. It would have diminished 
 them. The Assessment Bill raised no tax whatever ; it merely provided a 
 different system for collecting those which you now pay. At present, as you 
 are aware, the non-resident landholders contribute but very little to the public 
 burthens, and improved land worth £10 an acre, pays no more than that only 
 worth £l or £2. The general opinion has been, that the present system is 
 unjust, and that a remedy was required. What, gentlemen, was the principle 
 of the bill which has been so loudly denounced ? Why simply that all pro¬ 
 perty should be taxed according to its real value—that the non-resident land- 
 owners should pay the full amount of taxation according to the value of their 
 land ; and that all other owners of real property should contribute in the same 
 way. To this part of the bill I have heard little objection. The effect of the 
 proposed system would be this Assuming the taxes of any township to be 
 £300, and that the taxes on the non-resident land would amount to £75, it 
 follows that the actual settlers would only have to pay £225, instead of £300, 
 and that besides they would enjoy the advantage of having £75 of cash spent 
 among them, provision having been made for the regular payment of the wild 
 land tax to tho Municipalities. But the personal property tax and income 
 tax have been complained of. I appeal however, to you, gentlemen, whether 
 you will allow your representative, a professional man, with a handsome 
 income, to misrepresent you by voting to throw tho whole taxation upon land. 
 Why should not personal property contribute its fair share ? Can any good 
 reason be given to the contrary ? No, gentlemen, the lawyers and merchants 
 may complain at being called on to pay their fair share of the taxes, but the 
 great majority of the people, who are farmers, will insist on the taxation fall¬ 
 ing equally upon all. I will again endeavour to illustrate my meaning.— 
 Taking the taxes of a township at £300, let us suppose that upon a fair esti¬ 
 mate of the entire property, income and personal property would contribute 
 £75 of the amount—does it not follow that if this description of property bo 
 exempted,—the farmers will have to pay-amongst them the exact amount from 
 which the lawyers, merchants, and others are relieved ?—But we are told that 
 the tax is inquisitorial. Now on this I would observe, gentlemen, that I am 
 not pledged to any particular scheme, and that if the principle is admitted, I 
 am ready, as far as [ am concerned, to agree to any amendment in detail ; 
 nevertheless, I must observe that 1 have as yet heard no feasible scheme pro¬ 
 posed in amendment. Many are loud in opposing the bill, but 1 have heard 
 of no substitute.—I deny altogether that the bill would be inquisitorial, at least 
 not more so than is absolutely necessary. I think, gentlemen, jhe merchants 
 and lawyers, when they have any dealings with you, farmers, contrive to find 
 out what you are worth before they let you get into their books. They are, 
 however, desperately afraid lest you should find out what they are worth. 
 You have heard a great deal about the inquisitorial nature of this bill, and 
 that the assessors would have to examine a man’s accounts, and take an inven- 
 
tory of his furniture. I have even been told that his wife’s jewels would be 
 taxed. Now, gentlemen, I will just describe very shortly the actual practical 
 operation of the bill. An assessor enters a man’s house, whether he be a 
 merchant or otherwise, and asks him the valued his personal property as 
 denned in the act. It satisfied with his answer, which is of course a gross 
 sum, he assesses him accordingly : if he has reason, from his knowledge of 
 the person s circumstances, to think he has underrated himself, he puts him 
 
 own at a higher rate, but the individual has then the power of swearing to 
 nny amount that he pleases, after which the assessor has no option. You will 
 see, gentlemen, that the system is if any thing too loose, and that is the only 
 objection to it in the State of New York where it has long been in operation, 
 as well as in Massachusetts, Pennsylvania, and indeed nearly all the States of 
 the Union. In those States the system has been tried, and has been found to 
 work well, and neither the mercantile nor any other class complains of it* 
 I would make one further observation regarding the misrepresentations* circu- 
 lated with respect to this bill. You are told that many kinds of property 
 would be taxed under the new bill which were formerly exempt ; granted. 
 The principle of the bill was to tax all property at its actual value, excepting 
 household furniture to the value of £250, agricultural implements, mechanic’s 
 tools, and some other items. But recollect that under the assessment bill the 
 property would only be rated for taxation, and that the aggregate taxes of the 
 township would not be increased. I will suppose again that the taxes to be 
 raised in any township are £300. Under the present system I will suppose 
 the rateable property in that township to be £48000. to raise the amount 
 necessary you would have to be taxed lid in the pound. But if under the 
 new system taxing all kinds of property, the aggregate of the assessment 
 roll should be increased three-fold, say to £144,000—it is obvious that the 
 tax required would only be id in the 1 pound. You will therefore see 
 that it makes no real difference to you whether you are assessed £500 or 
 £100, provided all are put upon the same footing, and the advantage to the 
 man of small means of placing the taxation upon all property according to its 
 value is as obvious as the principle is just. I cannot dismiss the assessment 
 bill without a few a remarks on the absurd charge that has been brought 
 against us of taxing Upper Canada and not Lower Canada. Putting aside the 
 cost of the local administration of justice to wliich 1 will refer by and by, you 
 
 * It is right that I should state distinctly that 1 am decidedly in favor of 
 the principle of the Assessment Bill as originally introduced. The Ministry con¬ 
 sented to strike out the personal property clauses to meet the wishes of several 
 of their supporters, who, of course, have to answer to their own constituents 
 lor their conduct. I he effect of leaving out those clauses would be to 
 increase the tax of the farmer by relieving from taxation the merchan', law¬ 
 yer, physician, capitalist. &c. &c. When the farmers come to understand 
 the bill, l have no doubt whatever that they will insist on their representatives 
 supporting it as originally introduced’ Mv own constituents hnve never had 
 a second opinion on this subject. 1 have thought it right to make this expla¬ 
 nation, because 1 have observed in the Hamilton Journal and Express, and I 
 think in other liberal papers, a kind of apology for what are termed the 
 “ inquisitorial clauses,” and a statement that they were abandoned. 
 
12 
 
 have nothing to do with Lower Canada, nor does it make any difference to you 
 whether there are any taxes there, or not. The taxes raised by your own 
 Councils are expended among yourselves for your own benefit, and you need 
 not not be taxed at all unless you yourselves wish it. There were to be no 
 taxes raised from you for the Provincial Government. Lower Canada would 
 necessarily have had a system of assessment in order to raise taxes for the 
 same purposes with yourselves, but it is impossible to frame a bill that will 
 answer for both Provinces. And what have you to do with the matter ? You 
 have to consider whether the bill proposed for Upper Canada—is a good one 
 and suttable for you. If the Lower Canadians have a worse one, they will he 
 the sufferers, 1 now come to the tax for the administration of justice, regard¬ 
 ing which so much has been said, and first, 1 wish to observe that the question 
 has nothing whatever to do with the assessment bill. Under the present as¬ 
 sessment law, as you, gentlemen, know full well, you payfor the local admin¬ 
 istration of justice, while the Lower Canadians do not. This is a fact which 
 cannot be disputed. The new bill made no change in this respect whatever. 
 It left matters just as they were. Now what I have complained of, and l think 
 with great justice, is, that some of the reform members lent themselves most 
 foolishly to the Tories to obstruct one of the most popular hills that was intro¬ 
 duced during last session, and unwisely raiseded this question of the adminis¬ 
 tration of justice which ought to have been brought forward separately. The 
 persons to whom \ alluded not only lent themselves to Mr Sherwood and the 
 Tory opposition in an attack on the Ministry, but they are in a great degree 
 responsible for the loss of the Assessment Bill, and for the unpopularity which 
 has been fastened on it, solely because it is not understood. 
 
 Having now disposed of all objections that I have heard made to the 
 Assessment Bill, I must offer one or two remarks about the different mode 
 adopted in Lower Canada of payingtheexpenses of the administration of justice 
 This, I admit, is a question of much interest, but I do not think that those who 
 complain of injustice to Upper Canada can have reflected much upon the 
 subject. In Upper Canada wo have always paid these expenses as we do at 
 present, while in Lower Canada, where before the Union there was a surplus 
 revenue of £80,000 they were defrayed from the general revenue. Such, 
 gentlemen was the actual state of affairs when the Union was asked for by 
 Upper Canada and when tho terms were arranged in which it was to be carried 
 out. The Union was principally sought for to re'ieve Upper Canada from 
 financial difficulties. The Imperial Parliament adjusted the terms of the 
 Union, and you, gentlemen, must bo well aware that in a pecu¬ 
 niary point of view we have been the gainers. You are aware that 
 a Civil List was established at the time, and that it was intended to place on 
 it all the charges previously paid for the administration of justice in both 
 Provinces out of the public revenue. On that principle the charges in Lower 
 Canada—for tho support of their Gaols, few indeed in number compared to 
 those in Upper Canada, were placed on the Civil List on the recommendation 
 of Lord Sydenham, whose despatches referring to those very charges have 
 been published. These charges then constitute a part of the Union arrange¬ 
 ment, and one, which it would be very difficult to disturb. And recollect, 
 gentlemen, that if we raise the point, Lower Canada will have many a set off 
 $o plead, and we shall get into a dispute about a paltry matter, which is really 
 
13 
 
 nol worth contending for. To eny nothing of the intercet of our debt, tbcr* 
 are many other items of expense in Upper Canada for which there is no 
 corresponding charge in Lower Canada, and yet you never hear the Lower 
 Canadians complaining of these expences. And I may also observe that, on 
 the Union, Lower Canada brought us the Lachine Canal constructed by means 
 of her revenue, and entirely paid for, and which work alone, yielding us a 
 handsome revenue, is more than sufficient compensation for the charges for 
 the administration of justice. I know it is said by many that the publip works 
 for which the debt was contracted have been handed over to the Province. 
 The Lower Canadians on the other hand would tell us—“ we don’t want 
 either your debt or your works, and certainly it is too bad not only to put 
 44 your debt on us, and take all our surplus revenue, but actually to refuse the 
 44 very charges which you found on our revenue when we have assumed all 
 44 your charges as we found them.” 1 know gentlemen that the views I have 
 just expressed have not had that weight with many of my fellow members that 
 1 anticipated. The Upper Canadians have already got but an indifferent 
 character in Lower Canada where money matters are concerned, and unfor¬ 
 tunately too many are disposed to look at these questions with a sectional bias. 
 They think more of what will be for the pecuniary interest of their consti¬ 
 tuents than of what is just and right. And because I cannot go with them in 
 such views I have been denounced as indifferent to Upper Canada interests, 
 and as sold to the Lower Canadians. Now, gentlemen, I can state with the 
 utmost sincerity that not one of these persons is more attached than myself to 
 the interests of Upper Canada, but I shall ever deprecate all these sectional 
 jealousies. The policy of our opponents is to foment them ; and it is much 
 to be deplored that the Reformers are but too ready to fall into the trap. 
 Although I havo felt it necessary to offer the foregoing observations, and to 
 explain to yon that there is no real ground for complaint on the part of Upper 
 Canada with regard to the expenses of the administration of justice, I am far 
 from being opposed to any practicable measure of relief. The only feasible 
 mode is to give up to the several Districts, a portion of the internal revenue— 
 such as that from Tavern Licenses. You will however admit that the main¬ 
 tenance of the public faith is the first thing to be attended to, and in the face 
 of a revenue materially diminished from temporary causes it was impossible 
 to do any thing last year It is very well for individual members entirely irrespon¬ 
 sible for the carrying on of the Government, and the maintenance of the public 
 credit, to propose schemes for giving up portions of that revenue to the 
 Districts, but it is most unfair in them to embarrass the Government with 
 such proposition. They are brought forward merely to raise political capital 
 for the author of the scheme, although he is himself perfectly aware that hi* 
 proposal is impracticable. The late Ministry were in hopes that by greater 
 economy in the public expenditure, and by some judicious alterations in the 
 revenue laws, we should have had such an increased income as would have 
 enabled the Government to relieve the Districts in some way from the admin¬ 
 istration of justice. This however cannot be done until the public revenue is 
 in a better condition, and as 1 have already shown you it must not be allowed 
 to influence the Assessment Bill, in any way, indeed the persons who raises 
 this question in connexion with that measure must do it with a view to obstruct 
 its progress. The new Assessment Bill would make the administration of 
 
 \ 
 
14 
 
 justice expenses much lighter than they are to the actual setlV*. 
 
 1 have been compelled, gentlemen, to occupy a considerable space with my 
 explanation, regarding this bill, but its importance must be my apology, i 
 come now to a subject which I will dismiss very briefly although it is a very 
 important one, I mean our Education measures. 1 need say little about our 
 University Bill, the principle of which is well understood by all classes of the 
 people. It is founded on principles of justice to all, and none can object to it 
 but those who advocate the principle of placing one religious body in a position 
 of superiority to others. It is but right, while on this subject, that I should 
 correct a very gross mis representation which has been made by our opponents 
 among others by Mr. Buchanan, whose utter ignorance of the subject is his 
 only apology. It is that the Lower Canadian supporters of the late Ministry 
 would have opposed the University Bill, la one word,gentlemcn,lhe statement 
 is untrue. It has been circulated frith a view to prejudice the Reformers of 
 Upper Canada against their brethren in Lower Canada, who are charged 
 with being unfriendly to an Upper Canadian measure sought for by the great 
 majority of the people. 
 
 The Common School Law is in your hands—almost every one has seen 
 it and you can now form an opinion whether It will meet the wants of the 
 country. Much dissatisfaction was felt at the old law, and our opponents 
 endeavoured to make political capital out of it, and perhaps with some success. 
 1 believe that the new law will give very general satisfaction. It is based on 
 popular principles, every thing being left in the hands of the people themselves, 
 who appoint, directly or indirectly, all the officers required in order to carry 
 out the system efficiently. Here is another proof that the late Ministry did 
 not seek to obtain patronrge. I have a few observations to make regarding 
 the tax, which is complained of by some, owing either to their selfishness, or 
 their ignorance. The late Ministry could have had no object in requiring 
 this tax unless for the benefit of the people. It is evident, however, that the 
 object of the tax is not generally understood. I shall endeavour to explain to 
 you its practical effect. 1 shall suppose that the Trustees of a School District 
 engage a teacher at £60 a year, and that tiie share of the Government allow¬ 
 ance for that District would be £ 10 . It follows that the parents of the children 
 would have to raise the remaining £50 if there were no tax. If however, a 
 tax to double the amount of the grant were raised, that District would get £20 
 more, and the parents would only have to raise £:30 instead of £50 ; and this 
 tax falls upon the whole property of the township, real and personal, residents 
 and non-residents—those who have children and those who have none. The 
 object of the tax is to encourage the actual settlers, particularly the poorer 
 ones, to establish schools. But it is said by some. “ Let those who use tho 
 school pay for it ?? On this principle the Provincial Government should give 
 nothing. I contend however that as all persons having property are interested 
 in the education of the people, property ought to be taxed, not unreasonably 
 high, but to such an extent as will give a moderate encouragement to the 
 resident settler. 
 
 On the very important measure for imposing duties on Agricultural pro¬ 
 duce and live stock imported into the Province, I need say little, especially 
 as all parties now profess to be in favour of it. I would however remind you, 
 gentlemen, that our opponents when in power might have carried such a 
 
15 
 
 measure had they been willing to do so. They were long enough in office in 
 all conscience. 1 have therefore a right to express my satisfaction that a 
 Reform Ministry were able to carry a measure of such great importance and 
 that I had myself the honour of being entrusted with it. 
 
 There are many other measures of secondary importance, compared with 
 the great ones to which l have referred, but which still entitle the late Ministry 
 to your confidence and support. In this Country you must derive great benefit 
 from the new Election law, which will enable you to exercise that inestimable 
 privolege, the elective franchise, without expence, and without danger to your 
 lives, and which will also, I hope put an end to bribery, and treating. You 
 will likewise find the benefit of the bill for restraining party processions, and 
 for preserving order at public meetings. Need 1 tell you, gentlemen, that 
 some measure for discouraging the members of Secret Societies is imperatively 
 called for ? You have su fie red too severely from Orange outrages to have 
 any doubt on the subject. For my own part it will ever be a source of the 
 highest satisfaction to me that I was a member of the ministry that brought 
 forward the Secret Societies Bill. You will also agree with me in thinking 
 that the Jury Bill is not an unimportant measure. Only a few days since you 
 have seen a Deputy SherilF acting with a party of men, many of whom were 
 in open violation of he law of the land, and yet this very person would be 
 entrusted under our present law with the summoning of the jury who would 
 have to try his friends. 
 
 The next subject to which I shall call your attention is one regarding 
 which l am aware that many of you may have those stro'ng prejudices which 
 personal interest almost always creates. I allude, of course, to the Seat of- 
 Government question. A nd yet,gentlemen, notwithstanding all your prejudices 
 on this point, I do not despair of convincing you that the late Ministry were 
 justified in taking the course that they did ; at any rate I feel satisfied that you 
 will give us credit for having acted as we thought most for the interest of tho 
 whole Province. The question of the Seat of Government, like some others, 
 has been made use of by our political opponents in order to foster dissension 
 between the people of Lower and Upper Canada. It ought not, however, to 
 be so treated. You, gentlemen, whatever prejudices you may have on the 
 subject, are too liberal minded and too just to advance any claim on the part 
 of Upper Canada, on the ground of right. Such a claim is quite inconsistent 
 with the terms on which the Union was established, it is an insult to Lower 
 Canada to advance it, and for my own part, I would disown any man as a 
 Reformer who would urge it. The Union having been established, we are to 
 consider that there is one united Province, and in selecting the Seat of Govern¬ 
 ment, regard should be had to the convenience, and interests of the whole 
 population. It is almost amusing to find that the very parties who a few years 
 ago insisted that the Island of Montreal should be attached to Upper Canada, 
 on the ground that Montreal was an Upper Canada city, built up and supported 
 by our Commerce, are those who declare now that because Montreal is out of 
 the former limits of Upper Canada it is on that account an improper place for 
 the Seat of Government. With such people it is useless to argue. They are 
 not actuated by any principle but are influenced in their conduct by hostility to 
 the people of Lower Canada, it is necessary, however, before advancing any 
 reasons in favour of Montreal, to state the circumstances uhder which, th* 
 
16 
 
 late Mirrtetry wore culled upon to act. You will recollect gentlemen, that 
 during the first session of the present Parliament the flouse of Assembly passed 
 an address to the Queen praying for alternate Parliaments at Quebec and 
 Toronto. The mover of this address was Sir Allan McNab, who is now so 
 warm in his opposition to Montreal. He was willing, however, to have had 
 the Government and Parliament half the time in Lower Canada, and at a place 
 particularly inconvenient for Upper Canadians. Would such a scheme have 
 been of any service to you. gentlemen ? or would you have preferred it to the 
 one adopted by the late ministry ? You are aware that Her Majesty’s Gov¬ 
 ernment objected altogether to such an arrangement, on which the House of 
 Assembly was disposed to leave the settlement of the question in the hands of 
 the Imperial Government, whose decision it was supposed would have beeu 
 bowed toby the whole Province. Her Majesty’s Government, however, were 
 not willing to assume the responsibility of settling a question of so much 
 importance, and they accordingly asked the opinion of the late Governor 
 General, and instructed him to obtain that of the Executive Council. You 
 will see therefore that the question was forced upon the late ministry, and not 
 taken up spontaneously by them Called upon to discharge a most solemn 
 duty, and bound by the most sacred obligations to advise that course which 
 should be.most for the public interest, the late ministry took up this embar¬ 
 rassing question. You will at once perceive how ignorant of the duties of an 
 Executive Councillor those persons must be, (and I regret to say that amongst 
 them are persons of some influence,) who endeavour to persuade the people 
 that Upper Canadian members have sacrificed the interest of Upper Canada. 
 I was sworn in, gentlemen, an Executive Councillor as well as a member of 
 Parliament, for the Province of Canada, and I could not without violating my 
 oath, support Upper Canada in preference to Lower Canada, unless I thought 
 the public interests would thereby be advanced. The question which we had 
 to consider was, which was the best place for the Seat of Government ; and l 
 hesitate not to say, that if Montreal had been within Upper Canada it would 
 have been selected, with just as much readiness as it was. With regard to the 
 claims of Montreal I would observe that it has long been the commercial capital 
 of United Canada, and from its position it is likely to remain so. It is tho 
 point where the greater part of the revenue is collected, and where our fiscal 
 affairs can be most satisfactorily managed. But the strongest argument in 
 favour of.Montreal, the one which to me is unanswerable, is that it is the only 
 city in Canada where the two races can meet on a footing of perfect equality. 
 I know that such an argument as this will have little weight with our political 
 opponents, but I address Reformers, men disposed to act on the golden rule of 
 doing as they would be done by. I put it to you, gentlemen, whether you 
 would submit to have the Seat of Government at a French Town in Lower 
 Canada, where the English language is not spoken, and where there is no 
 press to give expression to your views, or to record the speeches of your 
 representatives. What would you say if you were placed in such a position ? 
 and yet it was imagined that the French Canadians would submit to such a 
 state of things with patience. I am sure that you, gentlemen, thinking only 
 of the little advantages (and little indeed they would have been) that you would 
 have derived from the Seat of Government being at Kingston, lost sight alto¬ 
 gether of the cruol injustice that would have been done to the Lower Canadians. 
 
17 
 
 by it. Imagine a whole people isolated from their government, and their 
 representatives, and without the means of knowing any thing that is going 
 forward at the capital. Reverse the picture. What have wo Upper Gana^ 
 dians to complain of at Montreal! We have a city with a larger British 
 population than there is French ; with four daily newspapers in the English 
 language, besides other periodicals. It is the place to which we look for alt 
 our commercial information ; in short, it is already the capital of Canada, and 
 the Seat of Government would never have been taken anywhere else but with 
 a view of temporarily subserving party objects. 
 
 But we are told, gentlemen, that if the Seat of Government is fixed at 
 Montreal, French mfluence will preponderate. Instead of “ French,” gentle¬ 
 men, read “Reform,” and you will learn the real ground of the strong oppo¬ 
 sition to Montreal. The Reformers of British origin in Lower Canada are, l 
 am happy to say, a numerous and influential body, and their influence is just 
 as much dreaded as that of the French Canadians. Now I honestly confess, 
 gentlemen, that I look upon it as a matter of great importance that this French 
 influence, or as I should say, Reform influence, will be substituted for Orange 
 influence. I think it highly desirable that the public opinion at tho Seat of 
 Government should be that of the majority of the people, and that if your lib¬ 
 erties should be attacked by a wicked or corrupt government, there should bo 
 a public that would give immediate expression to its feelings of honest indigna¬ 
 tion. Can you, genllepnen, suppose that I could think Kingston a proper placo 
 for the Seat of Government, when I know thatjn the metropolitan County you 
 cannot hold a public meeting'without having your lives endangered ? When 
 I see the Orangemen on Lot No. ‘24 representing their opinions to the Gover¬ 
 nor as those of the majority of the people ? For my own part, I neither think 
 such a place a desirable ono for the Seat of Government, nor do l wish to live 
 there myself. I am sure that many of you would not be sorry to be beyond 
 the reach of tho lawless men by whom you have been so scandalously abused. 
 As to your private interests, in the first place, I do not think you will suffer so 
 much as you imagine by tho change. 1 am quite satisfied that the Act of last 
 Session imposing duties on agricultural produce and live stock, will be of infin- 
 tely more benefit to you than the Seat of Government. The persons in Kings¬ 
 ton who have invested money in real property are to bo pitied, althou gh many 
 of them were very imprudent, and the Corporation of Kingston were absolutely 
 reckless. They deservo to suffer, if for nothing else, for their contempt for 
 the opinions of iho Representatives of tho Canadian people, and their reliance 
 on the promises of English politicians. And even if you, tho farmers, do 
 suffer a little, by getting prices a very little lower than before, are you unwilling 
 to make some sacrifice for the public good, and in order to see justice done to 
 your fellow subjects in Lower Canada of French origin ? But secondly, I 
 would remark, that even if the Seat of Government were to be fixed in Upper 
 Canada, it is quite possible that it would bo removed from Kingston. And 
 would you, gentlemen, be any better off by having it either at Toronto or 
 Bytown, than at Montreal \ Certainly not. Rely upon it this Seat of Gov¬ 
 ernment agitation has been got up principally in order to disturb tho present 
 good understanding between Upper and Lower Canadians, and it is satisfac¬ 
 tory to know that it has proved a signal failure. Even those Reform Members 
 who from timidity votod against Montreal, have becomo convinced that tho 
 
18 
 
 opinion of the Reformers throughout the country is decidedly with the later 
 Ministry on this question. You, gentlemen, may occupy a proud posUion.— 
 You may como out, interested as you are said to be, and as you feel yourselves 
 to be, and on this very question prove yourselves to be both disinterested and 
 patriotic. And believe me, by such a course you would gain credit with your 
 fellow Reformers over the whole Province. 
 
 In conclusion, gentlemen, 1 will once more earnestly implore you, as you 
 value the best interests of your country, not to entertain any feeling of jealousy 
 or distrust towards our Lower Cauadian’brethren, and to.look upon those who 
 endeavor to excite any such feelings as the worst enemies of the country. On 
 this subject 1 will quota to you the language of my late colleague, Mr. Baldwin, 
 which cannot be too strongly impressed upon the people, or too often repeated, 
 and with an extract from his Speech at the late Dinner at Toronto 1 will con¬ 
 clude this long and, 1 fear, tedious address 
 
 “And if Upper Canada desires that her equal representation shall indeed 
 possess an equal weight in the Councils of the Province, with that of the other 
 sections of the Province, the first step she must take towards that end must be 
 to give a distinctively party character to the Representation which she returns. 
 In fact without this it is impossible for any party to retain power— they in fact 
 do not deserve to obtain it. But, for his own part, he did not hesitate to say, 
 that neither he nor his Upper Canada friends were in any danger of suffering 
 in the slightest degree from his learned friend being, as he justly was, the leader 
 of the united Reform party.—[Cheers.] For himself he would say, notwith¬ 
 standing the absurd imputation, (as all who knew him would vouch it to be) of 
 inordinate ambition, for which he was indebted to the same high authority, he 
 did not hesitate to say, he was perfectly ready and happy, while his country 
 required his services, to give them in that station in which they can be most 
 useful.— [Cheers.] And that as to his learned friend, he had found him so 
 clear in his perception of right, so prompt in the assertion of it, and so stern 
 in the condemnation of all those arts of low and petty intrigue, to which little 
 minds resort to conceal their barrenness, that he declared it a comfort to have 
 such a guide, a glory to have such a leader, and a source ol the greatest satis¬ 
 faction to have such a friend. And he would tell the people of Upper Canada, 
 that in his opinion, they could not have a man as the leader of the United Re¬ 
 form party more attentive to their interests, more resolved on having the 
 administration, as respected that section of the Province, conducted in a 
 manner satisfactory to them. [Loud cheers.] And he [Mr. Baldwin] would 
 assure them, that he felt that he could give them no better advice, than to let 
 nothing induce them to entertain jealousies or distrust of their Lower Canadian 
 brethren, which every engine of their enemies is set to work to bring about.— 
 lie conjured them not to listen to the wily insinuations of those who preached 
 up such distrust, but to mark every man whodid so as the worst enemy of both 
 sections of the Province. And he unhesitatingly asserted that the Reformers 
 of Upper Canada couldhave no better allies than their brother Reformers of the 
 other section of the Province ; and could have no leader more resolved to do 
 ahem justice ,lhan his hon. and learned friend Mr. Lafonlaine.” [Cheer3.j 
 
 I have the honour to be, 
 
 Gentlemen, 
 
 Your most obedient Servant. 
 
 F. LllKCKS.