A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
Committees were appointed for that salutory
purpose and, though many obstacles were thrown in the way, great
progress was made. The ordinance was lost for that time by Sir
Guy Carleton’s putting an end to the session in consequence of
motions made in council by Mr. Livius and others’.[158] He himself
suffered from similar obstruction; his dispatch goes on to refer
to members of his council, ‘who, however willing they may be to
circumscribe the King’s authority in measures of general utility
to his service and the welfare of his people, are for carrying on
to the greatest height his prerogative to grant Letters Patent
for the emolument of individuals though to the oppression of the
people’. As the outcome of the Livius case, two additional Royal
Instructions had been issued to Haldimand, dated the 29th of
March, 1779. The first prohibited him from interpreting the words
in the general instructions ‘It is our further Will and Pleasure
that any five of the said council shall constitute a board of
council for transacting all business in which their advice and
consent may be requisite, acts of legislation only excepted’, as
Carleton had interpreted them, namely, as authorizing the governor
to select five particular members of the Legislative Council to
form an Executive or Privy Council; and it instructed him to
communicate this decision to the council. The second instructed
him to communicate to the council ‘such and so many of our said
instructions, wherein their advice and consent are made requisite,
with such others from time to time as you shall judge for our
service to be imparted to them’.[159] Haldimand did not at once
communicate these additional instructions to his council. He
thought that at the time it was not for the public interest to
do so, and he wrote to Germain to that effect, but only brought
upon himself a severe reprimand alike from Germain and from the
Board of Trade. Equally he thought it inadvisable, under existing
circumstances, to communicate to his council certain clauses in
the general instructions, in which the Home Government practically
invited the Quebec Legislative Council to modify the Quebec Act,
recommending the introduction to some extent of English civil law
and also statutory provision for Habeas Corpus. Like Carleton he
saw things face to face, as a soldier not as a constitutional
lawyer, and he gave advice according to existing conditions, which
were those of war and not of peace. These two governors may have
been technically wrong in this point or in that, but they had the
root of the matter in them, they governed with a single eye, a firm
hand, and with most generous and humane intent. ‘Party spirit,’
Haldimand wrote to Germain, ‘is the enemy of every private as well
as public virtue. Since my arrival in the province I have steered
clear of all parties and have taken great care not to enter into
the resentments of my predecessor or his friends, but this present
Public-domain text, read in full here on John Shaqi.
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