"words substituted: The evidence adduced before the said commit"tee completely fails to substantiate any of the charges against Mr. "Brown.'

Mr. Felton (a government supporter) moved, in amendment to the amendment, that the words following be inserted before the words "the evidence : "While Attorney-General Macdonald appears to "have acted under a firm conviction of the truth of the charges made against Mr. Brown, and to have been justified in doing so by all the " evidence within his reach." The effect of the amendment would have been solely and simply to fully exonerate Mr. Brown; the effect of the amendment to the amendment would have been to exonerate John A. Macdonald from malice in his attack.

66

It was supposed and generally believed that the original report of the penitentiary commission was burned in the parliamentary buildings at Montreal in 1849. On this belief the attack was planned. It is said that at one of the first meetings of the committee, Mr. Vankoughnet, counsel for Mr. Macdonald, in moving for an order to examine certain convicts in the penitentiary, stated that unfortunately it was found that the report of the penitentiary commissioners was destroyed in the Montreal fire. He said he regretted this, as, if that report were extant, he would be able to prove his case without calling such witnesses as he now proposed to put in the box. Mr. Brown was in the committee room sitting with his overcoat on waiting for the proceedings to commence, and on hearing Mr. Vankoughnet's speech, he unbuttoned his coat, and drawing from it the original report of the commission, said he was happy to hear that that document was all that was wanted, and throwing it on the table, said, "There it is." Mr. Vankoughnet immediately left the room, and meeting Mr. Macdonald, said to him, "Your case is dished." The committee was most unfairly constituted of five ministerialists, some the least scrupulous of any, and two opposition ministers. Mr. Brown took no exception to this, however, knowing that no man could avoid declaring the charges to be without foundation. It was remarkable that one of Mr. Macdonald's colleagues, Attorney-General Drummond, was candid enough to declare that there was no evidence criminating Mr. Brown. Sir Allan McNab and other conservatives took similar ground, and boldly stated their views. Had a division taken place on the report, it is all but certain that the government would have been defeated. The utmost sympathy was manifested for Mr. Brown, as may have been observed, by many still in active life, from the newspapers of the day of all political shades. Some indeed, while condemning the attack, said Mr. Brown had, by his violent attacks on his adversaries, provoked retort. Probably he did provoke some retaliation in kind, but this

was not that, but a personal attack of the vilest character, and peculiarly out of place, coming from the head of the government.

The ultimate effect of the attack was that Mr. Brown stood higher than ever in the national affections. Many people very naturally believed that when such charges were made by the leading man in the government, there must be some truth in them; and when an investigation, by a committee of Mr. Macdonald's own choosing, could not find a particle of evidence to establish one single charge, the reaction in the public mind was complete.

CHAPTER X.

CALLED ON TO FORM MINISTRY.-CORRESPONDENCE WITH SIR
EDMUND HEAD.

The next general election took place late in the autumn of 1857. Mr. Brown did not again offer himself for the county of Lambton. This was a great disappointment to the electors of that county. Mr. Brown was, unwisely, persuaded to offer himself for the city of Toronto, with a fair prospect, no doubt, of carrying the metropolitan constituency, but it withdrew his active efforts necessarily from other places, and enabled him to win one important place probably at the expense of the loss of several other counties. The uncertainty always more or less felt as to city elections induced Mr. Brown's friends to secure a seat elsewhere. He was accordingly elected for North Oxford. When parliament met he decided to sit for Toronto, and induced Oxford, with some difficulty, to elect Mr. Wm. McDougall. The old issues of 1851 and 1854 respecting ecclesiastical corporations, sectarian schools, the course pursued by ministers and representation by population, formed the most engrossing subjects of discussion at the elections.

The new parliament met on the 25th February. The ministry had a majority varying from ten to thirty in their favour, although on the representation question they could only command a majority of twelve. On the following motion, respecting the selection of Ottawa for the seat of government, on the 28th day of July: "That in the opinion of this House the city of Ottawa ought not to be the permanent seat of government for the provinces," the ministry were defeated by a majority of fourteen. Ministers at once placed their resignations in the hands of the Governor-General, who promptly accepted them. He at once sent for Mr. Brown, "as the most promi

nent member of the opposition." In order that the circumstances connected with Mr. Brown's acceptance of office may be thoroughly understood, the official correspondence between the Governor-General and Mr. Brown is here inserted.

On Thursday, 29th July, the following note was received by Mr. Brown:

(Copy.)

TORONTO, Thursday, 29th July, 1858

The members of the Executive Council have tendered their resignation to His Excellency the Governor-General, and they now retain their several offices only till their successors shall be appointed.

Under these circumstances, His Excellency feels it right to have recourse to you as the most prominent member of the opposition, and he hereby offers you a seat in the council as the leader of a new administration. In the event of your accepting this offer, His Excellency requests you to signify such acceptance to him in writing, in order that he may be at once in a position to confer with you as one of his responsible advisers.

His Excellency's first object will be to consult you as to the names of your future colleagues, and as to the assignment of the offices about to be vacated, to the men most capable of filling them.

GEORGE BROWN, Esq., M.P.P.

(Signed,)

EDMUND HEAD.

Immediately on the receipt of this document, Mr. Brown waited on the Governor-General, and asked time to consult his friends.

On Friday morning Mr. Brown waited on the Governor-General by appointment, and stated that he was engaged consulting his friends, but would next morning give His Excellency a final answer.

On Saturday morning Mr. Brown waited on His Excellency with the following acceptance of the trust proposed to him :

(Copy.)

Mr. Brown has the honour to inform His Excellency the GovernorGeneral, that he accepts the duty proposed to him in His Excellency's communication of 29th inst., and undertakes the formation of a new administration.

CHURCH STREET, 31st July, 1858.

On Sunday night at ten o'clock, Mr. Brown was waited on by the Governor-General's secretary, and presented with the following memorandum :

His Excellency the Governor-General forwards the enclosed memorandum to Mr. Brown to-night, because it may be convenient for him to have it in his hand in good time to-morrow morning.

The part which relates to a dissolution is in substance a repetition of what His Excellency said yesterday at his interview with Mr. Brown.

The portion having reference to the prorogation or adjournment of parliament is important in determining the propriety of the course to be pursued.

His Excellency therefore requests Mr. Brown to communicate the memorandum to his future colleagues, in order to avoid all misapprehension hereafter.

GOVERNMENT HOUSE, TORONTO,
August 1, 1858.

(MEMORANDUM.)

His Excellency the Governor-General wishes Mr. Brown to consider this memorandum, and to communicate it to the gentlemen whose names he proposes to submit to His Excellency as members of the new government.

The Governor-General gives no pledge or promise, express or implied, with reference to dissolving parliament. When advice is tendered to His Excellency on this subject, he will make up his mind according to the circumstances then existing, and the reasons then laid before him.

The Governor-General has no objection to prorogue the parliament without the members of the new administration taking their seats in the present session. But if he does so, it ought, His Excellency thinks, to be

on an express understanding that parliament shall meet again as soon as possible-say in November or December. Until the new ministers meet parliament, His Excellency has no assurance that they possess the confidence of the majority of the House.

The business transacted in the interval ought, in his opinion, to be confined to matters necessary for the ordinary administration of the government of the province.

If Parliament is prorogued, His Excellency would think it very desirable that the Bill for the Registration of Voters, and that containing the prohibition of fraudulent assignments and gifts by traders, should be proceeded with and become law-subject, of course, to such modifications as the wisdom of either House may suggest. Besides this, any item of supply absolutely necessary should be provided for by a vote of credit, and the money for repairs of the canals, which cannot be postponed, should be voted.

His Excellency can hardly prorogue until these necessary steps are taken. If parliament merely adjourns until after the re-election of the members of the government, the case is different, and the responsibility is on the House itself. A prorogation is the act of His Excellency; and, in this particular case, such act would be performed without the advice of ministers who had already received the confidence of parliament. His Excellency's own opinion would be in favour of proroguing, if the conditions above specified can be fulfilled, and if Mr. Brown and his colleagues see no objection.

GOVERNMENT HOUSE, Toronto,

July 31, 1858.

(Signed,)

EDMUND HEAD..

Early on Monday morning Mr. Brown, on his own personal responsibility, and without consulting his proposed colleagues, sent the following note to the Governor-General :

Mr. Brown has the honour to acknowledge receipt of His Excellency the Governor-General's note of last night, with accompanying memorandum.

Before receiving His Excellency's note, Mr. Brown had successfully fulfilled the duty entrusted to him by the Governor-General, and will be prepared, at the appointed hour this morning, to submit for His Excellency's approval the names of the gentlemen whom he proposes to be associated with himself in the new government.

Mr. Brown respectfully submits that, until they have assumed the functions of constitutional advisers of the Crown, he and his proposed colleagues will not be in a position to discuss the important measures and questions of public policy referred to in His Excellency's memorandum. CHURCH STREET, 2nd August.

On Monday morning at half-past ten, Mr. Brown waited on His Excellency, and submitted for his approval the names of the proposed government. At noon, on the same day, the members of the government took the oaths of office. On Monday night adverse votes were given against the administration in both Houses. On Tuesday Mr. Brown waited on His Excellency, and informed him that the cabinet advised a prorogation of parliament with a view to a dissolution. The Governor-General requested the grounds of this advice to be put in writing. In compliance with His Excellency's request, the following memorandum was communicated to the Governor-General: