this troublesome advocate of the second, third or fourth order of talent, and place him on the bench, whilst by leaving these appointments to the Central Government, we are satisfied that the selection will be made from men of the highest order of qualifications, that the external and local pressure will not be so great, and that the Government will be in a position to act more freely. It may be remarked, in passing, that in the proposed Constitution there is an article which provides that the judges of the courts of Lower Canada shall be appointed from the members of the bar of that section. This exception was only made in favor of Lower Canada, and it is a substantial guarantee for those who fear the proposed system. Besides, the honorable member for Hochelaga, who fancies that he sees danger in the powers given to the Central Government, knows by experience, as having himself been a minister of the Crown, that in respect of every appointment of a judge the Cabinet always consults the ministers for the section in which the appointment is to be made, and accepts their choice. The same practice would necessarily be followed by the Central Government, who would be forced to respect it, because behind the ministers from each section would be found the members from that section, and behind our ministers for Lower Canada will be found the sixty-five members whom we shall have sent to represent and protect our interests in the Federal Parliament. It is then advantageous, and there could be no danger in the provision that the judges should be appointed by the Central Government; indeed, it is for our interest, and the interest of all, that it should be so. And although it may be looked upon as a secondary consideration, yet it may as well be mentioned now, that by leaving the appointment of our judges to the Central Government, we are the gainers by one hundred thousand dollars, which will have to be paid for their services by the central power.

Were the appointment of the judges left to the local legislatures, the local governmente would be subjected to a pressure which might be brought to bear upon them by the first advocate who would attain influence in the Local Legislature. To get rid of an inconvenient member who might have three or four followers, the Local Government would have to take

He declared that he did not understand the meaning of that article of the resolutions which leaves to the Central Government the appointment of the judges, whilst by another article it is provided that the constitution and maintenance of the courts was entrusted to the Local Parliament. The honorable member should have observed that by the powers conferred on the local governments, Lower Canada retains all her civil rights, as prescribed by the 17th paragraph of article 43, as follows :— The administration of justice, including the constitution, maintenance and organization of the courts, both of civil and criminal jurisdiction, and including also the procedure in civil matters. This is a privilege which has been granted to us and which we shall retain, because our civil laws differ from those of the other provinces of the Confederation. This exception, like many others, has been expressly made for the protection of us Lower Canadians. It was our desire, as the representatives of Lower Canada at the Conference, that we should have under the control of our Local Legislature the constitution and organization of our courts of justice, both civil and criminal, so that our legislature might possess full power over our courts, and the right to establish or modify them if it thought expedient.

There is a provision that the nomination of the judges of the superior courts shall be vested in the General Government, but it would seem that the constitution of the courts is to be left to the local governments ; and I put the question, What does this mean ? Do you mean that the local governments are to establish as many courts as they please, declare of how many judges they will be composed, and that the General Government will have to pay for them ? Is a local government to say, here is a court with three judges ; we want five, and those five must be appointed and paid by the General Government ?

He felt that to the gentlemen who had so worthily filled tor so many years the positions of our Judges, was due in a great measure the prosperity of the country, the happiness of the people, and the security to life and property we enjoyed. He thought that the higher their position was made and the more respect paid them, the better it would be for the general interest, and were the appointment and payment of the judges put into the bands of the local legislatures it would be a diminution of the importance the former were entitled to expect at our hands ; he thought there was no one in the country, with the exception of the Governor General himself, whom we should so desire to see upheld in the public estimation as those men who administered justice in the Courts.

It was also proposed that the Judges of the Superior Courts in each Province, and of the County Courts of Upper Canada, should be appointed by the General Government and paid by it. He was glad this power had been conferred, believing that if there was one thing more than another which they should seek to do in this country, it was to elevate the character of the Bench.