the Legislature and to fix the public mind upon the result of its deliberations.

The public, in full possession of the course pursued by the Legislature upon these important objects, looked forward with some anxiety to the speech of his Excellency the Governor-in-Chief, at the close of the Session, as being likely to contain indications at least of his Excellency's opinions upon thesc subjects, and as affording an index to the policy which his Excellency was likely to pursue.

If the language used in this speech was not the most satisfactory to all, it had at least the merit of being free from ambiguity. His Excellency was pleased, not merely to express his approbation of the conduct of the Assembly, but introducing a term somewhat novel in the measured language of the public communications between the different branches of the Legislature, declares in the opening of his speech, "I cannot close the present Session of the Provincial Parliament without expressing my admiration of the unremitting attention you have bestowed on the public business of the country, and your unwearied exertions in performing all your other parliamentary duties." And afterwards, "The measure of my thanks would have been complete, had circumstances enabled me to assure his Majesty's Government that the propositions on the subject of Finance, lately submitted to you by the King's command, had been favourably received."

As one of the persons represented in the Assembly, I may be permitted to exercise the right of enquiring into, and of judging to the best of my ability, of the public conduct and the public measures of the representatives of myself and of my fellow subjects; so, too, as a free born British subject, my right to express publicly my sentiments thereon cannot be denied; and if these sentiments should not be in entire accordance with the opinion of the noble individual now at the head of the Provincial Government, I trust that this will not be imputed to me as a crime.

I am quite aware that there are men, with good intentions,

who will be disposed to consider inquiries like this, as trenching upon the respect justly due to high office.

These discussions, to be useful, I readily own, must be conducted with the strictest decorum; and freedom of discussion is not impaired by a studious regard to the proprieties of life.

A free press is the soul of a free constitution: It must, however, be borne in mind, that licentious scurrility is as adverse to the freedom of the press, as a servile time serving silence, or a corrupt subserviency.

It is a very old error, which many are interested in propagating, that public discussions produce what they do but disclose; and that the unseemly objects which they are sometimes the means of bringing under our view, owe their birth to this cause, when in truth to it they owe the air which is to purify, and the light which is to heal them.

The ostrich is not the only biped which thinks itself safe so long as it keeps itself in an obstinate voluntary darkness. In our days, however, nothing is better understood than that the freedom of the people and the safety of governments are alike consulted by freedom of inquiry in all matters touching the public.

This truth, universal as it is, applies with peculiar force to governments so remote from the source of authority as colonial governments are, environed too with so many causes of error, and with such inadequate means of protection against them.

With these preliminary explanations, I may be permitted, without incurring the reproach of disaffection to his Majesty's Government, to say, that after carefully following the proceedings of this Session of the Legislature, step by step, and exercising upon these proceedings the most impartial judgement in my power, I find myself unable to participate in the sentiments of admiration expressed by his Excellency, and utterly at a loss to conjecture what may have given occasion to them in his Excellency's breast.

Had his Excellency's emotion proceeded from any cause other than one of a public nature, I would have felt little curiosity to enquire into its source, and if that had accidentally come to my knowledge, I should have felt it my duty to pass it over in silence.

But as to things of publie concern, I have already said that I think our duty imposes another rule. These are legitimate subjects of free and public discussion; and the more elevated the rank and the office of the individual who becomes the subject of it, the more minute and careful ought to be the scrutiny. This course is surely a better one than that which has hitherto been too often pursued, of pouring forth a full measure of flattery to Governors whilst they are within the Colony, to be replaced by an equal measure of indifference, if not of abuse, when they leave their government.

Disposed neither to flatter nor to abuse men in authority, or out of authority, I shall submit to the judgement of the public a general outline of the proceedings of the Legislature, which have called forth the expression of the gratitude of the Governor-in-Chief, with the view of ascertaining the sufficiency of its grounds.

And I will conclude with stating some reasons for doubting whether the rejection of the measure proposed by his Majesty's Government for the settlement of the difficulties which have been called the financial difficulties, may not have produced other and greater inconveniences than the absence of that complement of his Excellency's satisfaction, which he is pleased to inform the Legislature and the public, that its adoption would have afforded him.

5

NO. II.

OPENING OF THE LEGISLATURE.

Obsta principiis.

THE severe indisposition of his Excellency the Governorin-Chief, on the day fixed for the opening of the Legislature, not permitting him to meet the Council and Assembly at the usual place, the first subject of deliberation with his Excellency related to the course to be pursued in consequence of this untoward circumstance.

There seemed to be but two courses which his Excellency could have pursued: he might, either by the usual instrument under the Great Seal, have prorogued the Parliament to some subsequent day, when it might reasonably be expected that his health would be re-established; or he might by message have desired the two branches of the Legislature to adjourn either to a specific day, or from day to day. This last course was that which he decided upon. It will be recollected that this being the first Session of the present Parliament, the Speaker of the Assembly could not be regularly elected until the House had been summoned to his Excellency's presence, and had received his commands to name their Speaker; and that previous to the nomination of a Speaker, the Clerk of the Assembly is the organ of that body and presides over it. It will also be recollected that, according to established usage, the Civil Secretary conveys the messages of the Governor, for the time being, to the other two branches of the Legisla ture, delivering them personally in the several Houses to their respective Chairmen or Speakers.

On the first day, then, of the meeting of the House, Lieutenant-Colonel Glegg, Civil Secretary of his Excellency, delivered personally in the body of the House, to the Clerk of the Assembly, then occupying the chair, the following mes sage:

AYLMER.

CASTLE OF ST. LEWIS, Quebec, January 24, 1831. J

"Mr. Clerk of the Assembly,

"You will inform the Assembly that, by reason of severe indisposition, I am not able to meet them this day, in Provincial Parliament, and for prevention of all inconvenience, it is my desire that they will adjourn themselves until to-morrow."

As this proceeding gave occasion at the moment to much angry discussion, and was afterwards made the subject of proceedings, to which I shall presently advert, we may pause to inquire whether it afforded any legitimate grounds of complaint on the part of the Assembly, and I apprehend that it did not. The only alternative, as has been already stated, was between a prorogation and a direction of adjournment to the House itself. Now, the first is the exercise of a highcr authority than the last; it is absolute and imperative upon the two branches of the Legislature, and operates a suspension of the power of the Legislature by the sole act of one of its branches. Besides this, it could not regularly have been made from day to day, and it might, therefore, have happened, that a longer interval than was necessary for the re-establishment of his Excellency's health should be taken, to the great inconvenience of the members individually, and to the delay of the public business; or, notwithstanding all proper foresight, too short a delay might have been taken, and then a new prorogation would become necessary, and so on toties quoties. On the other hand, the course here pursued was exempt from these inconveniencies, adjourning from day to day, the delay in the public business would be mathematically commensurate with the necessity which had given occasion to it; and the