MINISTERIAL CRISIS: MR. D. B. VIGER, MH§ FOSEfUOH fi£M it inafi fit >'•' l ; Ml "' Mil fl/Illtt )iii BEING A ... »j. ..m>j! du{*:i rii :nii> ,iniri <>l he >‘,h ji iMfih REVIEW OF THE HON. MR. VIGER’S PAMPHLET rod nj • <1 7 /ii. It ^u<.mu; yUciooqao t tibilElii:> " ENTITLED 'f'/iij .. . :.'.t 1 fi • .irii ’! »l V- -t timuii )»nn “LA CRISE MINISTERIELLE ET MR. DENIS BENJAMIN VIGER, ETC. EN DEUX PARTIES ” .. : : . . ' .< i< : Ml •f.'l ‘P.Othf .n< a: BY A REFORMER OF 1836- holirnri Printed and Sold at the Chronicle ft Gazette Office. 5S2S3r®S5?®Sff* 1844. The following remarks were thrown together very hastily, the author having intended to get them inserted in one of the Newspapers. When about to place them in the hands of the Printer it was suggested to him, that their publication in pamph¬ let form would be more likely to secure for them a general cir¬ culation, especially among those who have not an opportunity of seeing the Newspapers. It is hoped that there will be a suffi¬ cient number of Reformers in each of the Districts zealous enough lo promote the gratuitous circulation of this pamphlet among those whose means of obtaining political information are limited. HON. MR. VIGER.-HIS POSITION. The Hon. Mr. Viger’s long promised explanation lias at length appeared. The pamphlet which contains it is at least sufficiently imposing in appearance. There is an “ Avertissement,” “ Premiere partie,” “ Seconde Partie” and “ Postscriptum.” Were it not for the respect which we entertain for Mr. V iger’s personal character and for his undoubted talents, we should be tempted to exclaim “ Parturiunt rnontes, nascetur ridiculus mus.” The greater part ot the pamphlet is occupied with Mr. Viger’s speech in the Assembly on Mr. Price’s motion, which might certainly have been published at least two months ago. The remainder, which is about the length of an ordinary editorial article in one of our leading prints, contains no new matter whatever, and leaves Mr Viger and his position precisely where they were. If the Speech, when delivered bv Mr. Viger, with his usual ability, failed to convince the Members of the House of Assembly that he was right in oppos¬ ing the Ex-Ministers who had made a constitutional stand in defence of the rights and liberties of the people, there need not be much apprehension enter¬ tained that the pamphlet under consideration will produce any serious effect on the public mind. Nevertheless, Mr. Viger is not a man to be treated with any thing like contempt, and his apparent confidence in the soundness of his views, and the challenge he has thrown out to his opponents, would alone be sufficient to ensure for him a notice at our hands. The following is a brief extract from the pamphlet: “ Ce qui devra maintenant paraitre inexplicable, c’est qu’en depit de Pin- sistance de Mr. Viger sur ces motifs, comme sur une foule d’autres, d’une importance egale pour les Ministres, de reculer devant ce qu’il regardait comme un grave oubli de leur devoir, on ne voit pas qu’un seul Membre ait tente de le refuter. Ce qui devra surprendrc encore davantage, c’est qu’a peine il est question de ces remarques dans les nombreux discours des Ministres ou de leurs paitizans !” Mr. Viger might have spared the word “ tente.” The members of the late Ministry and their friends have always felt quite satisfied that Mr. Vigor’s ob¬ jections to their conduct were fully answered, and it is therefore a little too bad to be told that thqy never even made an attempt to refute them. Before going into the merits ol the questions at issue between Mr. Viger and the Ex-Ministers, we would observe that we are not of the number of those who look upon Mr. Viger either “ comme devore par l’ambition” or “comme s’ctant couvert de deshonneur,” or “comme un traitre a son pays,” or as being under the influence “ de vues d’une ambition vaniteuse, ou d’interets meree- naires.” Mr. Viger has passed through the ordeal of public life with so much honor to himself as to render the charges of which he complains quite nugatory 4 lie lias however committed a grievous error, and his friends have put the most charitable construction possible on his conduct when they have attributed to him that he was “ le jouet d’une espece d’ hallucination” “dans la plus com¬ plete illusion.” Could they have had any doubts on the subject the pamphlet under consideration would, in all probability, have set them at rest. In dealing with Mr. Viger we have the satisfaction of being able to come at once to the real question before the country, viz : Responsible Govern¬ ment. Our present opponent is far too honorable to descend to what we must term the jugglery of Mr. Gibbon Wakefield. He does not pretend that the late Ministry had lost ground either with the Legislative Council or with the House of Assembly, that their measures were unpopular, that he himself was the leader of a party in opposition to them, and that they were obliged “ to pick a quarrel” with the Governor to save themselves from defeat. All these things, however, have been said or insinuated by the leading partizansot the Provisional Ministry. Mr. Viger, on the other hand, declares that “ up to Monday 27th Nov. our Ministers enjoyed an influence in the House that could hardly be surpassed.” “ Jusqu ’au Lundi, 27e Novembre nos Ministres excr^aient dans la Chambre une influence qui n’est guere susceptible d’etre surpassee.” He goes on to admit that their measures encountered no serious opposition and that many others of great importance (qu. University bill ?) were on the point of terminating in a similar manner, “ etaient sur le point de se terminer de la meme maniere.” These admissions are very important, coining as they do from a gentleman of Mr. Mger’s high character and the leading member of the existing Administration. Mr. Wakefield, however, will care little personally for this exposure of his misstatements, and it would . hardly be fair to act upon Mr. Buchanan’s principle and hold all the opponents of the late Ministry responsible for the sayings and doings of the Hon. Member for Beauharnois. We now proceed to consider the questions at issue between Mr. Vi^er and the Ex-Ministers. The former gentleman objects to all the proceedings in Parliament on the ground that they were based on the Ministerial explanations, authorised as it was supposed, and on the two documents first read in the House and afterwards communicated by message, by the Head of the Government, and that the explanations not having been authorized, and the communication of the documents having been unprecedented and highly improper, the House had really nothing whatever before it to form the basis of an address or of any other proceeding. This view of the question Mr. Viger embodied in his amendment to Mr. Price’s motion. We shall, however, be more precise in stating what we understand to be the grounds of Mr. Vigor’s opposition to the Ex-Ministers. He says, 1st—that they resigned without any cause, or rather, that there was no specific fact admitted on all hands, as the ground of their resignation. Alluding to Mr. Lafontaine’s communication, lie says that ex¬ cept what relates to the Secret Societies Bill it “ n’avait rien de l’btat de fails precises, clairs et distincts, essentiellment necessaire en pareille circonstance.” Ad. It is denied that the Ministry ever had permission to explain in the manner that they did, and even if such permission had been given, it should have been 5 held as withdrawn by the communication from the Head of the Government protesting against it. It follows, of course, from the adoption of such a view, that the Ministers violated their oaths of secrecy as Executive Councillors, od. It is asserted that the Ministers took a great latitude in their explanations —stating facts not alluded to in Mr. Lafontaine’s communication, and one Member is accused of speaking “ de ce qui s’etait passe sous Sir Charles Bagot” We propose taking up these several objections, in the order in which we have stated them, and shall therefore proceed to consider, 1st, the cause of the resignation. Mr. \ iger is evidently much attached to forms and prece¬ dents, not more so, perhaps, than some members of the late Ministry. We are very far from finding fault with him on that score, but when we are refer¬ red to a precedent we must examine closely to ascertain whether the circum¬ stances are similar. Mr. Viger is perfectly aware that under a bona fide sys¬ tem of Responsible Government administered as he, Mr. Wakefield, Mr. Bu¬ chanan, the Ex-Ministers, a large majority of the Honse of Assembly, and a still larger majority of the people think that it ought to be administered, a re¬ signation could not take place unless on what he terms facts “ precises , clairs et distincts .’’ Hence it would be difficult to find a precedent in England for the course taken by the Ex-Ministers, no Sovereign there having attempted, since the Revolution, to administer the affairs of the Empire unless with the advice of the Responsible Ministers of the Crown. The circumstances in Canada were such as to impose on the Ministry the necessity of establishing a precedent. Let us assume, for argument’s sake at present, that the statements of the Ex-Ministers had appeared without comment, that Mr. Secretary Daly had risen in his place in the House and admitted both their correctness and that the Head of the Government had given his entire sanction to their being communicated to the House—What then would have been Mr. Vioer’s course ? o Would he have pretended that there were no facts “pre'eises clairs et distincts ?” Let us examine the statement of Mr. Lafontaine for ourselves. The facts there slated are, 1st, that “ His Excellency took a widely different view of the jxisition, duties and responsibilities of the Executive Council from that under which they accepted office.” 2d. That such “difference of opinion has led not merely to appoint- “ ments to office against their advice, but to appointments and proposals to “ make appointments of which they were not informed in any manner, “ until an opportunity of offering advice respecting them had passed bv, “ and to a determination on the part of His Excellency to reserve for the ex¬ pression of Her Majesty’s pleasure thereon, a bill introduced into the Pro- “ vincial Parliament with His Excellency’s knowledge and consent, as a Gov¬ ernment measure, without an opportunity being given to the members of the “ Executive Council to state the probability of such a reservation.” We freely admit, and so did Mr. Lafontaine, that with the Governor’s theory regarding Responsible Government we have nothing to do, unless in so far as it influences him in the actual administration of public affairs. But assuming as we now do the statement of Mr. Lafontaine to be correct, and admitted as such by the Governor, we maintain that there were facts “ precises clairs et distincts’ 6 more than sufficient to justify the resignation. But if instead of taking the broad ground which they did, the late Ministers had resigned upon what Mr. Viger would call “un fait distinct,” viz : on some one of the many appointments which were calculated to undermine their political influence, what would have been the result ? Why, the delusion under which Mr. Viger and the public were and are still labouring would have been kept up. It would have been supposed that the Governor was really administering public affairs with the advice of his Council, and that the latter had resigned merely because in some one particular case the Governor had differed from them. Then we should have heard on all sides, both from friends and enemies—“ What an unreason¬ able set of men ! They wanted an entire controul of the Prerogative,—they wished to deprive the Governor of all voice in the administration of the Gov¬ ernment,”—in short all that has been falsely urged against them might, under such circumstances, have been said with perfect truth. We contend, that not¬ withstanding all that has been said of the superior conduct of the Nova Scotia Councillors, the Canadian Ex-Ministers were still more faithful to their con¬ stituents as well as to the great cause of Responsible Government. Lord Falkland has, it is true, like Sir Francis Head, “ let the cat out of the bag,” and has shewn clearly that he either does not understand Responsible Govern¬ ment or that he has no idea of carrying it into practice. We believe the views of Sir Charles Metcalfe—and we judge him by his own public declarations— to differ in no essential particular from those expressed bv Lord Falkland. The Governor who could contemplate offering such a situation as the Speaker- ship of the Legislative Council without consulting his Council, either does not understand the working of Responsible Government or does not choose to practise it. Our object in the foregoing remarks has been to shew, that in the circum¬ stances in which the late Ministers were placed , differing entirely from those under which the resignations occurred, quoted bv Mr. Viger as prece¬ dents , they would not have done their duty to Parliament or the people had they not brought the real question under discussion. Then as to the time. That of course is a point which their supporters ought to have the liberality to leave, in some degree , to their own judgment. They themselves could never have had a doubt that they would be censured by many. Some charge them with holding office too long , from mercenary considerations, although one of their number had previously resigned twice, and had then been accused of be¬ ing too hasty. Others again raise the cry ot precipitancy , and amongst the latter class we should be almost inclined to rank Mr. Viger, who says “ on ne u croit pas devoir se permettre ici des conjectures sur les motifs de cette preci- “ pitation de leur part lor? qu’ils devaient, ce sernble, pouvoir souffrir encore “ quelques semaines de ce qu’ils out qualifie d’ antagonisme, qu’ils avaient “ pu supporter pendant deja pres d’une annee.” This subject has been fully treated by Mr. Baldwin in his speech at the Toronto dinner, and we shall therefore content ourselves here with stating that although particular cir¬ cumstances forced the Ministry to bring the state of public affairs under the notice of the Governor General, yet we can imagine no time more suitable for a discussion of the points of difference between His Excellency and the Coun- 7 cil, than when Parliament was in Session ; and we would remind Mr. Viger that the Council were never informed of the “ antagonism” until the dav that they determined on resigning, and further that the term was not employed by them but bv the Governor General. We have endeavored to demonstrate, that assuming Mr. Lafontaine’s repre¬ sentation to be true, and uncontradicted in any way, there were facts quite sufficiently “ precises clairs et distir.cts” to be laid before Parliament and the Country, and that Mr. Viger has no right to charge the Ex-Ministry with not following British precedent , until he is prepared to shew a precedent of a British Sovereign administering the affairs of the Empire on the same princi¬ ples as Sir Charles Metcalfe did those of Canada. The only precedent that occurs to us at this moment that can be applied with propriety to the case be¬ fore us, is the resignation of Messrs. P. Robinson, Markland, Wells, Baldwin, Dunn and Rolph, in consequence of Sir Francis Head’s meeting a very similar remonstrance to that of the Ex-ministrv in a very similar manner to that of Sir Charles Metcalfe. In that case the Council put their views on paper, in the shape of a memorandum, which was answered by the Governor, on which the Council resigned. Mr. Baldwin asked permission to make the usual Parlia¬ mentary explanations, which was granted, exactly as on the late resignations. Not being in Parliament, he wrote a letter to the Parliamentary leader of his party, (Mr. Perry,) stating all the circumstances connected with his accept¬ ance and resignation of office, which letter was read in the House of Assembly in the course of debate. An address to the Lieut. Governor, for information, was then passed, and all the documents communicated, when the House pro¬ ceeded to pass a vote of want of confidence in the new Ministry. Now, what¬ ever opposition may have been made to Mr. Baldwin’s views of Responsible Government at the time, we never heard any one assert that there was no ground for the resignation , or that the proper mode had not been taken of bringing the question fairly before the country. We come now to consider, 2dl v, the Ministerial explanations, the authority for making them, and what Mr. Viger terms the protest against them (le pro- tet le plus formel) on the part of the Head of the Government. We shall also prove the correctness of Mr. Lafontaine’s statement as to the real cause of lhe resignation of the late Ministry, which we have already assumed to be true. Mr. Vigor has verv correctly stated the circumstances under which Executive Councillors may disclose to the public “ ce qui sc passe ou se communique dans leurs deliberations.” He says “ Us peuvent obtenir de lui (the Gover¬ nor) la permission de faire connaitre aux Chambres Legislatives les points sur lesquels leurs vues se sont trouv^es differentes.” u They may obtain per¬ mission from him (the Governor) to make known to both Houses of the Le¬ gislature, the points upon which their views are found to be different.” Mr. Viger goes on to add that they can give no explanations but with regard t‘> facts of public notoriety ; and refers to past history for examples. We shall have something more to say to Mr. Viger about