Document Information

Date: 1896-07-03
By: Lord Aberdeen
Citation: Letter from Lord Aberdeen to Charles Tupper (3 July 1896), [MG 26 F, Vol. 11, 5696-5713].
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5696

GOVERNMENT HOUSE,

OTTAWA.

July 3, 1896.

My dear Sir Charles:

I have gone carefully through the papers which you were good enough to leave here yesterday, and before entering into details which I shall be very glad to do when necessary later, I would take this opportunity of explaining to you briefly what I conceive to be the present condition of affairs generally in regard to the course of public business.

From your remarks yesterday, I gather that it may be your intention and that of your colleagues to meet Parliament on the 16th July, but that until July 7th as at present arranged it is unlikely that we shall know whether or not you regard the results of the general election as decisive against your Government, nor do I know to what precise intent these results may

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be modified by July 7, the date named by you as final in this regard. (I should be glad to be informed on this latter point).

In so far as any responsibility lies with me to form an opinion, and after taking every means in my power to inform myself, it is impossible for me to ignore the possibility, if not the probability, that in the event of your deciding to meet Parliament, the popular verdict will prove correct and your administration will fail to secure the support of the House of Commons. This hypothesis seems to me to have important bearings at this juncture.

In the first place, the business to be transacted by Parliament, though foreseen and not in character exceptional, is urgent. The supplies for the public service are already entirely exhausted. This contingency was in view, when the date of the meeting of Parliament was fixed. And it is unquestionably in the public interest that Parliament

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shall meet on as early a day as possible, and be able to proceed to business forthwith.

You resolve to postpone until July 7 the decision as to the action of your Government in this respect may, and perhaps must inevitably, in the event of your resignation then, prevent Parliament from meeting for the transaction of business until a later date than July 16.

Again, in regard to the various recommendations, which in detail or by inference we discussed yesterday, and indeed in regard to all administrative business which is not urgent, the assumption that the present Government have failed to secure the confidence of the electorate at the polls leaves unchanged, indeed rather enhances than otherwise the stringency of the limitations of an already somewhat peculiar position.

Let me explain what I conceive to be these limitations. The previous administration, drawing its support from the same political party, failed to pass its proposed legislation and

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did not obtain supply from the House of Commons beyond June 30. Moreover, as this present administration was formed when not only no Parliament was in session, but when no Parliament was or could be under the circumstances in existence, all its acts are in an unusual degree tentative, so far as they are dependent upon the subsequent approval of Parliament.

Speaking generally therefor, the powers of such an administration must it seems to me be limited to the transaction of all necessary public business, while it is further its duty to avoid doing any act which may embarrass its successor.

It is on this ground that I would ask your further consideration of most if not all of the recommendations which we discussed incidentally yesterday. And on this ground partly too , I felt obliged to withhold the expression of any acquiescence in your suggestion as to the appointment of senators or judges. These are life appointments.

In the case of the Senate, which consists of 78 members, there are said to be at the most five Liberal Senators.

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To aggravate this inequality especially at such a time as this cannot but tend to increase the risk of friction between the two Chambers of the Legislature, and to expose Parliament to a strain highly dangerous to it, and to the confidence placed in it by the people.

There are said to be no “Liberal” judges, (and you will readily appreciate the sense in which I use the expression) on the Bench at the present time. And as in the case of the Senate, and bearing in mind the long political predominance of one party in the Dominion Parliament, this is not unnatural. At the same time, even if the case of the Bench be over-stated somewhat as above, similar arguments to those mentioned in discussing the case of the Senate, support undoubtedly the view that no new appointments of this kind should be undertaken now.

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In regard to the various recommendations which you left with me yesterday, and and generally as to any other business of that character, appointments, contracts, leases, etc., let me say that all seem to me to be subject to the same consideration, and to deserve to be treated from the same point of view, viz:- that in these circumstances the powers of an administration should be limited to the transaction of necessary public business, and that no act should be done which may embarrass an incoming administration. All business which is not pressing can wait, and should wait: or to put it in another way, whatever business can wait without detriment to the public interest- should wait.

Let me notice another case, a recommendation for a refund of money, which forms part of the same Minute as the recommendation relating to an increase of salaries on the Intercolonial Railway. From what you said

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yesterday I understand, that this recommendation as to salaries does not require the sanction of Parliament to make it effective: the other recommendations, however, as to the refund of money, might perhaps have to be placed before Parliament without the very necessary support of the Ministers of the day. It may surely, therefore be left to be dealt with by them.

As to the recommendation on behalf of Mr. Payne, I appreciate fully your desire and the public advantage of extending the responsibilities and opportunities of so useful a public servant. Except in so far as your letter of June 26th informs me, and as shown by the official papers, the circumstances of Mr. Payne’s examination are unknown to me, and my special concern in the matter is indicated in the latter part of the memorandum of the Governor General’s Secretary of June 10: though at the same time I do not feel justified in placing this matter beyond what I have

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indicated are the general and governing limitations of the present position.

One other matter remains, to which you asked my attention yesterday, and which it may be convenient that I should mention here, though it has no direct connection with the main and immediate purpose of this letter. I refer to your remarks on the memoranda which I have from time to time forwarded for the consideration of Council, I have carefully considered these remarks, and my conclusions and observations are as follows:

On referring to the books in the Governor General1s office, I find that the memoranda to Council sent by my predecessors are similar in form to those which I have caused to be sent. And as to the recording of these communications this has evidently been done in the past. My own experience certainly makes me think that, this is proper and desirable, and contributes to continuity of Government

As to the accessibility of such papers to successive

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Cabinets, it must be borne in mind that whether specifically so described or not all such papers are essentially confidential. Their contents are made known only to those who are bound by oath of secrecy: and no such papers can be laid before Parliament except with the consent of the Governor General. I fail, therefore, to see that there has lately been any departure from precedent, or from practice, in this matter.

These observations will indicate to you sufficiently the result of such consideration as 1 have been able to give to the business now before me in relation to the present juncture. And it is I know unnecessary for me to say that in writing thus fully though informally at the moment my sole desire is to facilitate the course of business, and in any way

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that is open to me to help to clear the way, and to reduce the responsibilities and anxieties of the present time,

I remain,

Yours very sincerely,

Aberdeen.

The Hon. Sir Charles Tupper, Bart.,
G. C. M. G.