ablishment. The Governor in such case was to use every
means in his power to prevent a partial provision from passing the
Upper House, and if it did pass there, he was to withhold his assent.
He called the Governor's attention to the necessity of vigilantly
watching and guarding against any assumption, on the part of the
Legislative Assembly, of a power to dispose of money, without the
concurrence of the other branch of the legislature. This great
concession, with which every body was so pleased, was due to the
sagacity of Sir John Sherbrooke. He saw how easily it was to be turned
to favorable account. He saw that the Assembly would be extraordinarily
well pleased; and he further saw that the full power of the public
chest was all that the Assembly required to be fully in the power of
the government. In a word, they only needed the money power to corrupt
and to be corrupted.
An address to the Governor was next adopted, requesting His Excellency
to state whether or not the Prince Regent had forwarded to him
instructions concerning the impeachment of the Honorable Louis Charles
Foucher, one of the Judges of the King's Bench. Sir John Sherbrooke had
had a conversation with Mr. Ryland on the subject. The Clerk of the
Executive Council, and member of the Legislative Council, had even put
his opinion in writing, respecting the mode in which it might be most
advisable to carry into execution the instructions contained in the
despatch of Lord Bathurst, dated on the 5th of July, 1817. He was
strongly of opinion that the advice given to Sir John to convey a
judicial power to the Legislative Council, by commission, was founded
in error. The House of Assembly had acquired, by dint of perseverance,
and a gradual exercise of privilege, during a period of six and twenty
years, some of the most important privileges that attached to the House
of Commons, one of which was the power of preferring impeachments
against such public officers of the Crown in the colony as they might
deem deserving of punishment or removal from office; and, as a
counterbalancing influence, in the case of Mr. Justice Foucher, and in
all similar cases of impeachment by the Assembly, the adjudication of
the charges preferred against the party accused was to be left to the
Legislative Council, it being added to the instruction, as a reason for
the concession, that the party accused could sustain but little injury
from a temporary suspension, while, if ultimately p
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