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Council were quite shocked at this message. They had been told that
they might adjudicate upon cases of impeachment, and now it was
commanded that they should gather evidence and send it to the Regent
for adjudication. The Council dutifully remonstrated, feeling it due to
itself to state to His Grace that at the time of receiving the late
Governor's message it was prevented from taking more upon itself than
to return its humble thanks for the "decision" of His Royal Highness
the Prince Regent, on the subject of its address of the 3rd of March,
1817, by representations made in the Council, that the state of His
Excellency's health was such that a further agitation of the business
at the moment might endanger his life. But the House confidently relied
on the communication, contained in the message, that the "arrangement"
therein announced with respect to the adjudication of impeachments by
the Council was _final_. If representations had subsequently been
made tending to withdraw from the Council the favor and confidence of
the Crown, all doubt would be removed by the communication which they
solicited from His Excellency as to the Royal intervention, and the
House would finally be able, with His Grace's powerful support, to
secure the full and free exercise of a privilege, without which the
balance of an admirable constitution would be destroyed, and the second
estate of the provincial legislature be reduced to insignificance and
contempt. The answer to this address was most emphatic. Mr. Justice
Foucher was ordered to resume his functions as a Judge of the Court of
King's Bench, at Montreal; and the Duke turning from the Council, drew
the attention of the Assembly to the necessity which existed for a
reform in the judicature. The Assembly had indeed already expressed an
opinion to the effect that it was necessary for the independence of the
judges that they should not be withdrawn from their judicial duties by
holding any other offices in the civil administration of the
government. The House of Assembly paid very little heed, however, to
the recommendation of the Duke. There was, indeed, no ministry in the
confidence of the majority to originate any business in the Lower
House, and for one of a minority, the creature of the government in the
Assembly, and without the shadow of influence in it, to take the matter
up, would have been worse than useless. The Lower House was, indeed,
like a ship without a helm. It was uncon