LORD DURHAM'S INSTRUCTIONS.
(Parliamentary Paper--Presented by the Queen's command, printed by order of the House of Commons, and delivered with the Votes on Wednesday morning.]
Extract of a Despatch from Len! Olenelg to the Earl of Durham, D.D.S.. dated Downing Street, 20th January 1839.
In order to lay the ground for the permanent settlement of the questions which agitate Lower Canada. and also of those which create divisions between Upper and Lower Canada. it will probably be round necessary to resort to legislative measures of a comprehensive nature. But before such measures can be framed and submitted to Parliament, it would be highly desirable to kuuw the wishes and opinions of both pro- vinces regarding them. This object could best be attained by a personal communicatiou on your part with such persons, selected from each province, as may be presumed, from their station. character, and influence, to represent the feelings of their fellow country men in general. It seems advisable therefore to authorize your Lordship, if you should so think fit. to
call around you a certain number of such persons. with whom vou might take counsel on the most important. affairs of the two provinces ; the time of.meeting of such a com-
mittee of advice being left entirely to your discretion. You are therefore empowered to select three members from the Legislative Council of Upper Canada to attend such meeting; and to invite the House of Assembly of Upper Canada to nominate ten of its members for the same purpose. Under ordinary circumstances, the same course would
be 'unfitted with respect to the Legislature of Lower Canada. But if the bill now be- fore Parliament should be passed into a law, recourse must be had, during the suepen- sloe of that Legislature, to auuther mode of supplying the deficiency. You ail', accordingly, during such suspension, select three members of the body at present composing the Legislative Council, and will take measures for calling on the electors in each of the five districts into which lower Canada is now divided, to elect two persons to sit In the Committee. Your Lordship can obviate any difficulty which may stand in the way of holding such elections by an ordinance foe this purpose to be passed by the authority of the Governor in Council. The Committee will thus consist twenty-six members, over whose deliberations you will of course preside.
The Committee being thus formed: you will bring before them the subjects on which you desire to receive their opinion and advice. Among the most important of these are the questions in debate between the two Canadiau provinces.
In the It session both Houses of Parliament passed a resolution," That great in- convenieece has been sustained by his Majesty's subjects inhabiting the provinces of Lower Canada and Upper Canada from the want of some adequate means for regn- lating and adjusting questions respecting the trade and commerce of the said provinces, and divers other questions wherein the said provinces have a common interest ; and it is expedient that the Legislatures of the said provinces respectively be authorized to *lake provision for the joint regulation and adjustment of such their common interests." It is clear that some plan must be des ised to meet the just demands of Upper Canada. It will be for your Lordship, in conjunction with the Committee, to consider if this should not be done by constituting some joint legislative authority, which should preside over all questions of common interest to the two provinces, and which might be appealed to in extraordinary eases to arbitrate between contending parties ii either; preserving, however, to each province its distinct Legislature. with authority in all matters of exclusively domestic concern. If this should be your "Intim. you will have further to consider what should be the nature and limits of such authority, and the particulars which ought to be comprehended in any scheme for its establishment. Th.• Constitutional Act of 1791 will supply another subject of deliberation, with a view to determine what measures may safely he taken to correct the defects which have hitherto interfered, at least in the Lower province, with its successful working. The constitutiou of the Legislative Cotimdl has formed the chief topic of complaint with the House of Assembly of Lower Camels, and they have insisted that the only remedy is to be found in making the Council elective. On this subject the following resolution was last year passed by both Houses of Parliament
• That in the existing state of Lower Canada it Is advisable to make the Legislative Council of that puoviuce an elective body, but it is expedieut that measures be adopted for securing to that branch of the Legislature a greater degree of public con- fidence."
It will be for vou and the Committee to consider in what manner the judgment thus pronounced by Pailiamerd can best be earl ied into effect. There are other very important suld.ims. regarding which you will probably think it right to consult the same advisers; such, for example, as the provision that should be made to meet the in-eras:ay expenses of the Civil Government in Lower Canada— the state of the law affecting the tenure of landed property In that province—the esta- blishment ors court fur the trial of appeals and impeachments. There is, in truth, not one of the many interesting question* relating to the good government and wellbeing
of the two Cauadas which might not very properly engage tile attention of the Com- selt.eo.
Oo all the subjects which I have specified, and on ethers which may come under the notice of the Committee, your Lordship will probably have to recommend the adoption of some legislative measures in this country ; you will transmit to me an explanation of such measures in the fullest detail, in order that the Government may consider of the Propriety of submitting them to Parliament. You are autherizod to fix the times and places of the meetings of the Committee, to adjourn them from time to time, and to frame all regulations necessary for the despatch arbutus.. You are alao empowered to dissolve the Commit ee at your pleasure.
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