when they see il correct that error hut should they inpqdn to be riiit iio umil not even gkittlytm iiinii will blauio them forunm- tfliilifhj their ground and mini thjyare noi yiiie so wrong m least a ciulmn tlilik nay til it limy are conslilu ion ally ttghlj i am inclined in believe in laying before yon the ground upni which this belief is founded it is altogether unneees sary to argue rt large rhe general english doctrine of taxation and representation this is called a constitution il question by the constitution therefore it must be tiied that is by not the constitution of en hud which is an independent state hut by the constitution ol the canadas which are depzndeni provinces and whose constitution is iixd and bounded by an imperial statute it was in the pleasure of the imperial le gislative to grant us a constitution ivlruever therefore tiie constitution grants forms ihe legs and chartered rights ol the people f the canadas rights which i tiust never will be as i am sure they never have as yet been in vaded on the other hand whatever the con siitmimt withholds forms a part of the ua and imperial legislative prerogative now as it would be illegal in the crown lo withhold from the people the rights and privileges granted by the charter so i would he equally illegal in the people to wrest fiom the crown and the imperial legislature what that char ier has not granted what it has withheld if the charter is not a good one we may seek to have it amended but while we live under it while we plead the fights which it secures to us we must also admit its exceptions and re servations in favour of the imperial legisla tive in all conquered c lonies such as canada the conqueror may give ot withhold at pleasure ixjixed constitutional charter if he grants a charter he may do so upon what conditions and with what limitations and restrictions he pleases if this charter is accepted by the people they accept it upon the conditions and with the reservations which it contains now sir we have a constitutional charier which is well known to contain several important con ditions and reservations in favour of the im perial stale but none which are unfavorable to the happiness and prosperity of a dependent colony by this charter the- form of the go vernment of the canadas was changed and a representative constitution granted but as the canadians who then and indeed now com pose the great mass of the population of low er canada knew hut little of and cared still less for a representative constitution the charter very judiciously itiaiie provision for the civil government and the administration of justice and certain duties were therefore the imperial legislature thus wisely pro viding for the future good government of he country and lot it bo remembered that this was douc at a moment when the power of taxation and appropriation of such taxation thongh wholly ia the grown was about to be relinquished by the crown at a time also when the canadas had no representation as tho duties therefore were assessed and ap propriated before canada bad a representa tion thev never came lijahv aril cnfiiau onally uudcr the coutroul of our represtmta- wroulf as shall be iivs tkey were not grouted by the cc r n- j vmvs whicfa rna be tv of canada nor can the canadian co cmuus or snecessurs by cither legally withhold hem or allvr flicir ap propriation or reappropriiitc them except wiiii the consent of the crown ths hr by which they are assessed and applied is au im perial lav it is a permanent law it is tke constitutional charter of the canadas effi cient as a whole and therefore efficient as to its several parts a violation of any one of ts provisions either by the crown or by he commons is a violation of the whole the croirn ia the preseut instance by faithfully applying the duties raised under this act ful fills in the very letter and in the spirit too the purposes of this act the commons by setting up a right lo appropriate over again i txu bad4w she not possess the same right what has beeu long and still is appropriated by lair violates as far as such an assumption can go the constitution under winch we live how can they then plead the constitution in justification of an assumption which is nega tived by the constitution itself giw they ac cept il as a whole and at the same time reject those parts of it which are contrary lo their rights encumbered it is true with a wise provision for the support of the civil govern ment and the administration of justice arid we took it with that encumbrance i have shewn that canada was not a colony settled by british subjects who carry with them into 11 colonics settled and formed by british sub jects the rights of british subjects and to whom as id the old colonies thosa rights were secured by usages charters and laws but a country conquered from an enemy to call canada an english colony or plantation is a mere solecism an absurdity canada was a conjuertd country and was governed for some time as she was governed by her former kings without a representative con stitution and when the power of govern ment was to a certain extent granted to her il was granted upon certain conditions one of which was and continues- to lc the payment of certain duties in lieu of other duties paid by the cauadians to their former monarch for the support of the civil givfrnmcru and ad ministration of justice until this act was passed as canada was a conquered country it was held and governed as such and this act wes passed for the convenience not of the canadians who were not then very well pleas ed with the idea of a representative constitu tion but for the convenience of british sub jects settling in canada wiiptin so doing found themselves destitute of the rights and privileges enjoyed by his majestys subjects in his majestys colonies provinces aed plantations found themselves in fact resid ing in a conquered country and among a conquered people governed by a governor and council solely appointed by the conquer- jr at their solicitation a representative con stitution was given to this conquered country under certain limitations and provisions but previous to the passing of that act canada was not entitled to enjoy and did not enjoy the benefit of the 18th go hid and that bene fit beijg wholly limited and confined to the future acts of the imperial legislature rela tive to not conquered countries but to his majestys colonies provinces and planta tions canada is therefore now only ex empt from taxation by the imperial parlia ment by being raised to the rank of a british colony having like the other colonies a re presentative constitutional charier repre sentation ann taxation is therefore now and since canada obtained a constitution as in- seperable here as in any of the other colonies but this privilege does uot cannot operate as a partial repeal of our constitutional charter for if a construction is givcu to this privilege which goes to a repeal of any part of that charter hen it must go to the repeal of the tvbo of tbaf charter and canada returns to the stale in which it was before the parsing of thai charter as this pivilrg in fact had no existence in canada before the passing of our constitution- a act that act itself provides that it shall be enjoyed only from the time of the passing of tlul act the words are these provided that the net produce of all duties which shall he so imposed shall at all times kerenlcr be applied to and for the use of each of the sid provirro respectively utnl in such man- be directed by anv law or made by his majesty his and with theadvicc and risenl of the legislative council and assem ble of such province now i ask was ibis constitutional act passed by and with the ad- rice of a council and assembly of a colonial legislature which then had no exigence but lo whom the act itself was about to give an existence f toes lis act place itself under the control of the colonial legislatures which it was aboul to create did this act convey a power express or constructive lo defeat one of its own most important provisions if then the imperial parliament had a legal right to tax canada as a conquered colony before he passing of this act which he most ccr- tip views and designs i contend then that as the constitu tional act jlsl coo hi s binding upon us as a whole it is also binding upon us in all its various parts and therefore as this very net raises a permanent revenue for the ciil go vernment of the province of lower canada the commons are legally bound to submit to its provisions in this as in all other respects n yr have they any legal or constitutional reme dy but by an application to the imperial par liament lo amend the constitution over th duties raised and applied by this act they have not now they never had i repeat il any legal or constitutional power of appropriation they were appropriated before our representa tion had an existence and i contend still further that if these very duties had been as sested and appropriated by a permanent act of the colonial legislature iself the power of appropriation would have passed from them and could not be restored but by the conscol j of the crown indeed ihe idea of appropri ating annualhj duties already pcrmuneniiy ap proprialed is too absurd to deserve a serious refutation the sole controul therefore which the commons have over these duties thus permanently appropriated is to see that they arc faitnfully applied like all other duties to the purposes and to none other for which they were appropriated and if it should happen that they are otherwise applied then their legj course is lo complain of or im peach thfafficers so misapplying them at present evcr there is no such complaint and i armfclisfied that lord dalbousic is a rvoblomagif too high honor ever to give or knowingly permit any such cause of complaint il only remains for me now to shew thai the application of the duties assessed and appro- printed by our constitutional act to the purpo ses for tftnch they are so assessed appropri atcd even without any colonial enactment is not c0trai to the provisions of iftlh co hid nor to the provision quoted by chatham from ouv constitutional charter by the for mer the king and parliament of great bri tain renounces all right to tax the colonies except for the regulation of commerce and even iu that reseived case the net proceeds of suplv duties aie to be always paid and ap- plied a and for the use of the colon in which those flfrtfos shall be levied in such manner as otlu dunes collected by the aulhorilj of he jrepclivc general courts or as- seuiblim of such colonies c are ordinarily applied 1 have shewn alnad that the du ties in question were assessed and upprupriat td by au imperial act when canada bad do rejresejitalivc assembly tmd by the very art t tohict gave us onr that grave us our ehartirtd i their proceedings to the moment of passing it and in part ing with this right to a certain cxtentbr all limes hereafter had she not a legal right to li mit the extent in which she would part with it had she not a riht when trying a con stitutional experiment of rather doubtful suc cess in canada to assure herself that the ex periment should not endanger the civil go vernment and administration of justice was it not her duty to do so she had the legal right and power and it was her duty to do so she has done so and in doing so slie has act ed wisely and with parental care toward the people she was then incorporating with the great britiarb family ard by so doing has put it beyond the reach of any legal and consti tutional exercise of power to stop the wheels of government in the mean time it must be observed that in carrying this wise parental measure into etlbct the government has strictly complied with the provisions of the 18th geo hid that act provides for the application of all duties paid in the colonies to the service of the colonies now it is well kuowu that many of those duties arc assessed bv acts of the imperial parliament passed before the colonies like our own in which the assess- nicnts are made had representative constitu tions us well as by acts of the colonial le gislatures but all these duties are as with us applied for the benefit of the respective colonios not a shilling of these duties find their way to the imperial treasury but mit- honsqome from that treasury to enrich a country which otherwise would not be worth inhabiting who has been the instrument of raising the canadas from a state of real pjiur- tu and insignificance to a state of comparative wealth and importance great britain i freely admit that eveu this cannot be pleaded in justification of executive errors but il ought to he if the occasion called fir it ad mitted in mitigation but it does no call for it the com so pursued by lord dalhousie is j legal and constitutional strictly so so in the teller and in the spirit of the law and constitu tion and if is matter of regret to sec goutlc- mec of whose good intentions we me led lo think favourably assume a right which leads to the annihilation of the constitution prom men whoso evil intentions are well known there is ntfdng to fear such men being only dangerous to icerelvcs and their paribus i shall add no more at present btepsufte at ihe annual meeting of the i- errnle bfcoovo- inol society held it tb house of john kirby ksq- on monday the tuh april iff7 the following icport of the proceedings ol the society since law general roectig was laid before the stfuinbors the directresses mnrrcrs and other of- fieg- bearers snpeiinteudig the interest of percale broevolenl society ha log defor- anruil meeiiuc heretofore ihe anri reeling has been h- id in january ohw mediately after the collections had beeu rf and lt la not p hups unworthy vour f that out of ihn sums then mentioned being iu ll trea surers hands the who expantfcsof the hos pital from that period u lo lhc firil of to had to b pad and tli serally hllle or nothing remained on al ibdclosoof the seascb in consequents ts deficiency the hospital is obliged t0 be closed during summer and ils chari offices cease un til autumnal fevers art inclement weather render it necessary for benevolence again to open her hand liberally- owing to the gene rosity of several of ihev of kingston who last summer ma3 collection among themselves for the pnrr the managers have been enabled to get tvfi hospital thoroughly repaired and extra rr filled u for the reception of patients a every exertion has been made to wend cv w economy vour managers bai at different times ben apprehensive that tbe socict would be obliged to suspend thee operations for want of funds but as they bat notwithstanding all dilficulries been enabm lo carry on their ex ertions for more than ix veas they are en couraged to look forward with confidence to a generous and human public for that sup port and assistance wu they have so long received and which ffoop the increasing po pulation is becoming daily mure necessary in forming an estimate of the beneficial ef fects of this societys operations your mana gers feci assured you will do them the justice to believe that they fctfw left tio means untri ed to prevent imposition i and to render the as sistance required as ciciont and economical as possible while disease and want spread wiie their baneful inpmce over kingston and its vicinity the societt was not inactive in affording relief to the indigent sufferer and in endeavouring to leaon the privations they must necessarily endure the operations of the society have been much contracted from the insufficiency of the sums collected dntiog the past year yet have 60 patients been re liercdi or in somemeatuerassisled and seve ral of these have beeu upon the societys bocks almost ever since the opening of th hospital in november last it is the sincere wish of the directresses and managers ef tbc society that all vho by tbeir geuerosity con tribute to the support of this institution in fa vor of the indigent- sick would feel sufficient interest in their proceedings to examine the hooks of ihe society and assure themselves that they have not been libeial in vain and that extravagance or carelessness have nut dried up ihe kindly tourcce of charity ynur managers are an j many pre judicesand objection l becti raised ngateat the society hot of ieh niirc lal il s scarcely worth while ref- m here how- wr for the satisfaction f r e who have not opportunities of seeing judging fonbein- selves thev think it inc upon them to subjoin a slight slcetcb o manaer in which the soci tv is conducted in the tirst place thf ward of the hospital are onon l ntstresred per sons ot every emmtryfc alldcnomiuatious thev are immediately adifrid vviicu is as ecrtained that they arc actually destitute of means to provide food ac medicine for them- selves they aro carept attended by a person hined for the pnrjj ai io whom from their knowledge ofl unwearied atten tion and kindness to the salients they repose the most implicit confidei the managers isit weeklv to see that rrdg wanted that may contribute to the comfort of the tick a medical gentle man regularly attends and the comforts of our holy relign are administered by the clergymen of dilfe ent persuasions ac- i cording to the wishes of the patients them selves of the number relieve 3c have been ad mitted into hospital and rt these 5 cases have terminated fatally 24 vre frcm rel ud 1 from england l from france 1 from halifax 1 from the united states and 5 from lover canada total number relieved by the soci ety since itscomnenccmut in ih20 olu the subjoined accouut will shew the siao of ihe funds expenditures of the sociit hheeen the annu al verting in january 2ii and the gcne- rat meeting in aprit k j7 groceries bread meat stewards wajres repairs of hospital sundries furnished b steward sundries by order ol manors wood medicines milk vegetables soap and candies lledsteads and sorccp washing and white- ashing hos pital 2 expended in forirardiflg 1 and the her w fraser for tlieir kind altcn- tioo to the patients in hospital lit sohru ih tht thelhanks of the meet ing be returned to mrs hagerman direct ress and miss geddes secretary on resign ing their respective offices resolved uh that tic hospital shall be closed the 1st of may and opened agaiu on the 1st november the following ladies were appointed to su perintend the interests of the society during the ens nine vcar mrs stuart and mrs kirby directresses mrs harper treasurermiss m ihersouand miss rlary stuart secretaries manackrs 21 10 17 27 jo 10 9 o 1 4 4 0 1s 10 9 1 3 1 lo 15 10 4 6 0 6 0 7 3 7 3 o 9 8 0 0 ii ill 16 17 g balance in treasurers hands january iss amount of subscriptions and ordinarv donations collect- ed this yer collected al point frederick donation from ihe brethren of st johns lodge collected tor repairs of hos pital donation from col and mrs wright donations from major wallace and officcisof artillery donation from maiugors of k ingvtoti assemblies being surplus fuurls donatiou fiom major gled- s lanes donation from captain wi1 erudeuell smith donation from captain mel ville 74 7 ct ol 0 7 9 1- c 6 0 0 10 g 0 o 0 0 0 0 4 1 1 0 n 5 0 10 0 0 0 0 ice io 8i 14 17 g balance in tressnreva bands ill 18 2i iu d the usual time of their iow heg to la before ihi- henefaciors an fi icudsof thri slituliou ihe ljiiowiag kepott ol mg the keport being aj proved by the meel- it was jitsulrtd that it hepuwisheil and 50 u pios pruned and ditrituled among tub- scrihir5 rvsolndi k that lh thanks of the socic- iv b presented io dp armstrong messrs de sampson and u lack for their pro fesidottal altendatice rrsoivcdi d that th thanks ofthe socjetj be presented to ihebc archdeacon tutart mrs ilolson mrs 11rchuier mrs artwrierht mrs richardson mrs meyers miss kirbv miss winslow him ghlwcll i s stuart miss clarke b order of the managers eliza l geddes c s a 1 ti ii secretaries- anua m mcpherson j srbscrutkns it re stuart 5 0 sirs haerpian 40 0 hjnkoby 15 0 mr macaulaj 15 0 mrspsmiib 1 b 0 wrtmclrod 1 5 0 mr oitier 1 5 0 mu piinle 1 5 0 airs light foot 15 0 mrs muuon- 10 6 mrscarifkriftbt 1 0 0 wrsscanwrigbi 10 0 jili- herchmer 10 0 mraynrwood 10 0 wcs ftlarks j 0 0 mrs spratt 1 0 0 hlr ivacplinson 0 15 0 mr- wruan i 10 0 m- it ili 0 10 0 mm rayn 0 lo 0 tit nrer v 10 0 mrs kion 0 10 0 m mcaglttfr o it o mr t 0 10 0 ftr i5arr 0 10 0 mr- siaic 0 10 0 mm nuterlrc 0 10 0 wr3 haiper 0 10 0 un akev 0 l 0 miss diiv 11 o 10 0 mi kir v 0 10 0 mto sl li 0 10 0 mi marphersoo 0 10 0 wibsocouv 0 io 0 misuarl 0 10 0 mbs vi siuart fl 10 0 mwtmnutj 0 5 0 mr grant 0 3 0 mmtie 0 5 atta iiii i v mrs e w arrastron- 0 5 0 mrs brace 0 3 0 mi- smith 0 5 0 trsxor st d script oss and iii irions io 5 0 mrs ii siniib m6 wilson mn aruicron mrs j w roirrnn iwrs nonlan ilr a mcdoncll dcnatiovs tolvmrs wright john kirhv john macau lay c a ragerman j k glover mr morgan mr lll fnnw r r smith tiijjt mfkeozis major gfedsiaiiei 3vinjoi tinnic maj mrs wallace dunau ebune d j smith david raokcu t icii int junes iv od 15 warrant officers j s dart w i ijlii ai t tf tvi he cupi smith arcirdeacdnstuarl kv j silnsou mi areotd luuieiiaim hare lcmttnant smith icul o bricn wmer mccuiittc tiripiian rev w framr major col hcit mr alkion n palmer jame riaer 1 a jinfttinan cliarl ea to i krin jrme- mac donald robert ritcbie it kicluirdoii leslie 8ns a friend a prkond a friend jamea henot w evai lier lrrier 3 mcfatiiilc a friend m moraa a j fern 5 mm parker mrstuipin a friend s brocket a friend a frfenj peter finn mrs uenoi s dnooiiglifiu effckej g rbxer s moilcy a friend a friend i olcou mrs mccrra 11 miirdock li lrstagc j fox 11 ivaroa k walker mr macfarlanc a fruud mrs v illinroi tilr harvey j jrorbaa mr bain mrs maker a iriend mrs belongs john blak mimanhur j robiitsnii a friend j thiile mr t i k a j lirud a lleiiutnti m ijoiialison mi procior brfiimin a frrnd vrnurk jmi- flfuminc bernard mrs lou- 5 5 5 5 5 5 2 0 0 5 5 5 5 5 5 5 5 5 14 10 20 10 10 10 10 10 10 1 10 10 5 5 5 5 5 5 b 5 6 5 j s b 5 r 5 5 5 5 i 2 0 2 0 fi 6 2 6 2 fi 2 6 2 ti s 6 s 6 2 fi 2 6 fi fi 9 6 2 i 2 6 2 6 2 6 2 6 2 6 2 ti 2 fi 2 i 2 ti 2 g 2 in 1 74 1 6 1 6 1 4 3 2 o a s s i 6 is majemvs govcrriinni having eon- ifdcii d to slii in the fan i tunjiany such of iht crown fservts in vppet caaida sitcale in luohijs laid beforu the tsl tay ofmaroh ijr as hve rinl been ueiumed for iiim of yen5 r occupied hv written or vcrhnl licence of rhe oovermnenf or vrnpoc- riipieitairhouuh witiioii atiy imenc of legal title for rite space of ten years and uptv- is before ih 2gth daj ofnovembei 1c24 iso- tice is tiereby given by the lancdrt compa ny to ill irvn who may now bf in son of any crown l serves which by th nid a- grecment ie to be kraasfcfrred ro ihe jumja- dj and whoiniv have held such ps or a period leis tiau ten yai hefor 5 he id 6th day ol november 1324 wilhjoj am n il iileor licence of occnnation or promie ol a lease umi thy mnsi either relinquish iiunied- uletyi itibtr possesrioii if wirh rpirvos or treat vitii the can idj company for the pur chase ofthe same and that prngostls io wri- tin post paid aecuiiingl be reeeivfcel at yi v addrtsstd to tiie lomtcicd on the vine of urcleared land ul equal quality io the same township john galt yruccnhdec 1c20 clslzil ssjiifigyspfl r m requested that all applications for he pin chase of lnods from ihe canada com- pupv rie n ir m writing staring the lots desired tik prne in iialifdx currency per acre oiieied the mode of payment proposed and the fipplicants am- of rrnlcoce mtneiriare ameutsonwill le paid o written apprcaiionf and an auswei given iritli ihe leat possible delay signed john galt yrk20th march 1827 10uxg max who can write a neat e hand and hawaihoraogh knowledge of bookkeeping none uzed apply n-i- icssihey can produce satisfactory tfstiimotitala a to ciitracicr and capacity applv al ibj cp sduiy bghh commissioners appoinlcd under a jl r wth i i u i c foi die building of a st cornwall in the rstein di9trci hentr au- tlprid to ri ise iv laooo the ci dil ol the uo diriici ai a tare of mient hoi exri ed- iog i per cent a sum not more than 4000 the interest payable atmually wd the prin cipal at such lime or times as may he agieed upon hereby give notice hat lliey wj ie- cctve proposals iroui iiy person or persons ttilliog to a0vnee the said um or any part thereof nil jie 17th dnv uf may next applt- caiion tiny be made to donald alacdmell bsqr slieriu james prmttle or koah dick inson esqrn the commissioners appointed foj the itbava purpose cornwall 4th april 1c27 notice ill beaold at public auction on ba- tunlay the 14th day of july next 12 oclock noon at the house of jmr e marsh iu ililticr on the lake shore ia hillfr and now in the occupation of mr vn bullouk eonsisting of onl ijuindred and fifxy acres of a tare imjnwveawm a fvane p jipik ling mouse fiuit trees sea oe jalfrha pttrchflsi roooey will be require t re mainder in rwejve months pur furthei par ticulars enquire of mr bullock on ri pe- mises james doogvll cq jlallivell or the suhscriber chas cicgar murray april 12 182 slttefiim evto be sold hy auction on moidy tte 1 4th may all the household fnrniturt plate jmated ware class china crockery ware cnttlery carpeting kitchen tiensus sad dlery wines and spirits belonging to lt col lightfoot at bis residence io this tovrfli printed bills ofthe particulars will be issued before the day of sale -axso- a handsome marc and a milch cow sale to commence at 12 oclock and o con tinue from day to day until the whole is dispo sod of m mokan a d kingston april 3 1027 heneab my apprentice ebexe- ze8 martin has absconded rom my service this is to cautioa all per sons from trustiog him on my account as i will not be oqawerahle for anv debts of lis contracting- and i hereby offer a reward of slxpenceto any one who wir apprehend him but bo expences paid isaac do mill to let house and two small dwellings with jft a grij stable a no a double jatden wiih a goml spring of water iu grave street opposite the bumnggiouiul gate for further information enquire of mr john cox april 20 1u27 notice persons having books in their pes- sessioo belonging to the kingston li brary arc requested lo return them lu th lihrarian without delay anril it l827