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TORONTO PUBLIC LIBfiAlT
EXPOSITION AND DEFENCE
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EARL BATHURST'S ADMINISTRATION
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AFFAIRS OF CANADA*
WHBN COUWIAI.
4
€ V
%
DURING THE YEARS 1822 TO 1827, INCLUSIVE
BY THE RIGHT HONOURABLE
SIR ROBERT WILMOT HORTON, BART., G.C.H.
*.^i*
'H^<
LONDON:
JOHN MURRAY, ALBEMARLE STREET,
MDCCCXXXVIII.
V."
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hfjllijo Iba^jfrc b'vM JUN 8 ,1933 '^ "^^^^'"^^ ^*'^^'>'^ ^'^^
ii!t Ijiiu .'to I)'?/ifiir juro t rJoii lulJ ")J.u.of.baJv oJ noqtf
Hif»w ibhiv. ,7'^rinq lo a',7oiv \f.-':3Bn;)0B 'iib no'Hi
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EXPOSITION,
&c.
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01(1
\
From the report of the debates which took place in
the House of Commons on the 6th and 7th of March,
1838, as recorded in the Mirror of Parliament, it
appears that very severe reflections were made upon
the colonial administration of the affaii's of Canada
for some years prior to the formation of the Select
Committee of 1828 ; while; on the other hand, no
explanation or defence were offered from ally quarter
upon any of the points fmpugned in that discussion,
nor was an^ allusion made to certain substantive
measures of improvement which were brough;!; for-
ward during the eolonial adihinistration of Lord
Batfaurst. Having held the situation of Under-
Secretary of State for the Colonial Department for
six years prior to the year 1828, I feel myself called
upon to vindicate the acts complained of, and to
point out those measures of improvement, founded
upon the soundest views of policy, which were
brought forward under the administration of Lord
BathufSit.
I was examined by the Canada Committee in
1828, being myself a member of that Committee.
a2
i
My ,^xaminatix)nwiIJ,Jj!^u found w Appendix B*
Cofp^g ^0h^ ^<^yern9i;,pf.,C!ftn«i^ .^itljput iJie c?pn-
senli qJ tJi!^,jl9C^ J^gjsl^v^iie ; .afl4,. 341y» 1(1^! ?HisB?i^sal,
of c^irtaii)i m^l jtji% o^er^r , Jby> Lord Dallioii^ief , uppi^ a
certain occ^^o^,",, Up,9W , |t^ ^n^'e^t., pjf .,.4h^ \ %t
compl^ii?!;, pne ,Q^^ry^,^d ,p^e ,91%, 5^«?j pu| j^h ?»?i 5
Y^ Qvf(8ry>2pj A^ t^.ppJRt.^Js^afgi^^i i^ ,1^
fallowing pages, . I shall not ente^. upp^: iti,^ii;^] .,^f^i^
pjl^p^. "Vyith respect to the d^si^ispal pf )^)|^j,f|i^^^
Ql^p^r^ \!irhic]^ was characterise^ intt^^f) di?l)8,1i^,|a^
ag.i/*j\^^<?qqstitutional act," loiie QMei?y,pi?Jly .^pfl ,pn|
^jQiip,7^vide Query 63i App€mdi;^;B^,^^|:nj?nyj;^psw^yt
J^p,plai^^4 tl^e, gro^wds ijipPnHwJfiph, JU>p<l jBiatJ^yr^t
d^ed til? sanption the act.,,^]tje yra9,4nferjpp4^%
^iprd,;jP^ousie, •* That his Mifijesfty'^ ..^^pey
Q^aJ in th^, Province of Xi9»y«jif.,Ca^a| h^
J (g,Xj^j»i^a; opinion, that the; old ,prdinJ^lcel| of,,jl,787.
*lM 1?M !^ wyed, and certaip mlMliftj ojfi^f;?
"fhft^°S) i?wa?j?ached Lord D4housie'st, (^^e^^fee^^
*y}rtgff*P«l^i.Mpoi» ;t^e occasion, foupdjedwiMiJ* ??^M»s
*{^pppji>j^}\^,ppiA^pn of the Attorney Qf»ner9il, ^qtjQff^yj
! I.
i
♦^tefofied to attehd the 'summei^ hiust^hii 'biit dth'ef^
" wise exhibited a spirit of disobfediieftde to oVd^i^f
*• in conseqtiehce of whfcK lJ6rd Dalhoui^itJ d&mrss^i
•♦ thos^ pereohk the'cirfetinisttinces bf'Who^tf conduct
*"^iid diUatidi' toadle" ilic!i?"ttttl 6itttift^Ie^"i(in''Lord
* DklhOu6ie*s oi>iniOn) ' ''liece^M^ff' • ' 'li)M'^Bdthur^ii
hady on these"gkyiiiM^i itatiO«iotied' thig diteta»issi^ of
those officers. I cannot considei*''tWe^i«;1ffwHh!^
governor, as (iOrifiniiM Wf \hb S^tei^^ry W Sta^^,^ as
h^ing an •* UtibOhstltdtioial fafttT'^BtM i-rfWiiy m^^e
to attribut*^ the 'late dfeturbtfh^ii Crthadi' id thife
act of disttilssiohi i»;4n{ my jw^giii^titi' to^^ a
Mghly^'ii'Ap^d'to ^i^iMiOed vie# ' Of the cai^;
divertSA^"*j)\rtiHb iktefntibh ■ ' front th0^e*«iaiii cawses
wliicH^hk^^lfed^ thfellaW'crifeis in CatiUdd, iiid
Wli?ch''it'f riitistt' bfe''«he olbject of GoVenkmcttt' arid
PtfrtWtnfetit tO^^i^rii' fbt the fUturei But ^vte^
sWp^6siii^, foi"^th6 sake ^fai^umeiit; that bikmedbii^'
atticfritt iiktaiii tidt6 Of Lord BathuM'fe' ^ditfinistrP
mHi^M ^ 4^^ hi^eit'ldiscrtetion and ijbiiijy,^i^
sUbsfei[JttlEfrii"fevfenfts ttive dhoWii theiii td bb ?''!?#
the >\iifose i)f 'Mljfi a i-efertiice it is rieii^sisa^^ilj
dttll pdbH6 attelilioh id a document wMcfr'SjijiSrs'
toT' ikv^ h^ii ' ttele^ ^ adv^rtfed to itt pytliat^t
diiirt*(^ thei'iate didcussions upon the tJaiiAdasi Mk\'
tJiiB Bill WOught itt by in^ ihto the Hdu^e df 'Gdiii-
moiis Itf the y^^ i822, "to makti ihbrfe^^flfecttiial
provision tei- tli^ ^vfei-hmertt bf tW'j^tovihi^^^^Ji
U
" I IIUPIPiPBiPV^PTWKfF:
"^rtfisw
I.
f ■ ;
,; j
li!
^^ i
In
(^'
and
liQ^ftr and Uto^ Canada^ and to regulate the ti'i
tMteofy wmKBill was subsequeitfly dWMed i
the union part oi it withdrawn. '
iheHstoryof this Bill was<'lfi;i8^gi^&1n''thfe^
iSial 'l^egister of the year 1822:-- ^^t' "'' ""^ '^^
,** A Bui was introduced by the ministers on the
20th of Juiie"^ regulate tfte trade and eoV^rnih^nli
of Cana^^. li consisted of three parts : one appHed
to Canada thiose principles of ^ree trade which, by an
Act already mentioned, were this year extended to
our West Indian colonies ; a second cl^s of pro-^
visions relat(^ to t^e disiripution and a]])i)ropriatibW
of certain duties jbeWeen the "two jprbvlnces of IjoWei*
and Upper Cana4a ; ' the tliird, and ^ mosi iiiip^ahiif
part of the pill, new-modet^ed the constitutioi^ ot tM
panadas, AS fixed by the Act ptf l^^l, and was^iii-
tenaed to bring the two provinces into a icloser union
by incorporatinfi: their Lescislatur^s, to proiiiote the
general prosperity by the abolition of the feudal
tenures, and to diffuse the ^^nfftish language aiid iHe
i^int of the JBnghsB constitution more uniformly
amonff all the classes of the population. This pafl
of the ineasure was keenly opposed by oir Jamei^
Mackintosh and other members ofoppositidn. 'Jtiiey
oppqsi^i
foui]/de4 their, objections not on the intrinsic iniei'its or
demerits of* the new arrang^nent, but on ttie period
when it was brought forward, contending that time
ought to be allowed to the people of the Canadas to
,IH<UKJ.',.).J/Ji Ju>ti (UCjill!
'j'''!:J
express their feelings and wishes upon* the subject.
All the jnerchants of liondon conne^d with th^
Canadas petitioned in favour of the Bill; and some
of those who usually resisted the Government (M^-
EUice, for example, and Sir Francus Burdttt) tl^ou^ht
that its provisions were marked by a spfritdf liberality
highly honourable to those who had brpMght it for-
ward, and th^ it ought to receive the saneiipn of Jbh*^
legislature with the least possible delay. Still Sir
James iVfackintosh, and those who adopted his \]^o-
tions, persisted in their metaphysicar objections : so
that the ministers found that a measur^^which had
been brought forward with the purest and most
patriot!^ views could not be passed in the face of a
most strenuous opposition, except under circumstances
which might disturb or alienate the feelings of the
Canadians. They were thus reduced to the necessity
of separating tbe Bill into two parts. ITiat which
contained the enactments concerning trade and tlie
apportionTne^t of duties was passed : the other, wKicih
nq^vi-modeileid the constitution, was postponed, ' ' *^^
. " Sir Francis Burdett expressed very eam.estiv fes
regret,, that the theoretical nicety of a few of his
friends, should have succeeded in pireveriting or; ae-
la>ying the enjoyment of the greajt practic;al b^eflts^
^hi^ could have resulted from a Union pf'^^pper
and Lower Cana^ ^^4^' on*^ provincial legislipicttrei.
■riyinoD
»niLi |i:i;1l ^v^iwiOjti^^ ,b'Ai}v/,
oi ^
;i*'i?o-!??
statemeat m generally right, ^\\k one most
important exception, viz., the distinct statemenf i(^
8^
m'
t]^ei[-fyct, ihat,'^ir Jamfis Machintoeh opposed the
nufamff^ , o/{ l^niona \aft0r he had* igifiin\ ^huA tnott un«
qualified assent to its beimgintnoduoed^ ^coupled with'
t^ ^^§m<mc$ that M ^ouldtn»ti9ppQkk t^uiii U »il L'
mJ^ fi^j^ ^ Jitter wltfcl^ll addr^ttjeed *o Sir Gharlesl
Af^fsli^ftl^ial;^ eblef ju&ticQ of (CIS^Vmi^! luidiwh^ '
driiWf \^/thQ,U«ni>JYBUl (being at that tin^ Sdliohoivl
Q#ner»J GsC |^lr<»riCdftftda)^ Ihe^fQllflwiiigr p««agft i-^^
, . ** J!aoni(Mu. Square^ July 21,1 822.
J **^I assure \(^u tfiat |^o jsprt of apology is necessary
" JTor your' remarKs. You niiist, however, be aware
" that, if the fourteen geritlemeu persevere in their .
** determined opposition to our Bill at this late period^
" 01 the session, it. will be rather phymcaUu than.
" morally impossible to carry it. ,. , , ,
'* The whole transaction is one which has hurt
" me extremely. You well know that the Govern-
.\0\5)'>
" ment would never have contemplated the Union
"diiriri^ the oir<?»^f session h tiiey not mslinctly
" understood that
it there would not pe any serious op-
rliament to the measure. The wnole .
" pb^itioh iti Parliament to tne measure.
" transaction was Djased upon that distinct anq un*;
" MuUocal assurance. , , , . , ^,
-I1 n^^/' assured by ah liidividtml'«€'(thei*.hi^iil^t
resj^eotability, a member of 'what was ' dit^'«6p,IiecJ'^
tbBiC^pbsitipD, thaA the measure waa^coiisidi^euf^^j't
valuable that; no opposition would be ofifered by ''ti?.e ''>
partyTllgen^taUy/v^r by any influeoiliial membxir .eifV
thaiti;!paity'(U laudinu *iol ,jn>iJinn(iOv) mi \6 bobaynui
9c
V 1 beoame respontible to Lord Beithurst foi' iriich^tl^
result; and Loird^\BiithUrat became hhii8elfreBp6nBiblid^^
tothe Gwyernwentibrtheainne. "^ *> .^^vf.\) \y^\\\u^^
The Union fii^ \Wk« withdra\^n. » Ht»^'ls6tfW 1^^
havfaj beibn HDthetwise ? My ktter %ks dbtedf' tAie
2lAt otfuJuly; vahd the Cfttia8tro|}he «f ^hel ^laiie it>^
Londoodefiy tbdk plftCQ on the ' 12vh of!' A*«^trft« )^>
but for the unibrtuniite «tate of ih6 lenAtk ^ tlil&>
House of Commons, the Union Bill would have been
fought to the last, iiotwithstandipg the unexpe^t^d
opposition raised against it; but, undet' the actual
circumstances of the casje^ no such t^ttenipt could
have been made. Thp, favourable moment was lost. ,
A cplonjlal measure of first-rate importance, intro-
duced by a Government and sanctioned by an Oppo- ,
isitioi^y could, nqt fail to carry with it a moral efiect
which nacmtefted meamre of the Government could
nnrnl} ^sdi h'>teI<|fno,tiioa aiml leyoa hlun-N inom "
To any member of the Opposition of jthat date,.
who may inquire why this measure of the Upipn,,
was not reproduced in enduing Parliaments, I wpuld,,,
ill return, ask ihe question, wby did no suggestion,.
c?trcc% proceed from some member of the Opposi-,,
tion tliat such re-introduction should take place i
Hayiiligexpiless^ myself thus generally withr rk-
specit to thi^; measure of (he Union, I would irefjmi
iihose readers who may be interested respeotin^ihfflii
details of that measure as proposed in I832t(ulbY
A:|>pendix A, wMoh is a literal copy of ^.tbe^ilT,\{jtiS(|
amended by the Committee, for uniting the^iLegitiHi:^
iv^
10
l»tuit<)8 of the Piw7inoc8< of Lower and ^pp^r C^nadA^.
If.refeiraniqie be made to tbe Queries rand Aof^wers
inj Appendix B, from Query 5 ta,|l3 in^^wsi^Q) my
e^lanfttioii. of that Bill wiU be found ix^>(;]|Le^ minutest
d^|t»ilt. Mvn^V be observed in my anevrer toQue^y 1 1^.
t)p|i;j4r!^d lu^. deay that > improvements- migb^ be
npderiiiwtb^ >BiU as proposed in^ ld2^i espeeially
suiter the laps& of 4^' years, and the experienee
^^*ew^g. out ^of that perio4^> Iri stated to the Cdrn-'
mittee^ that in> reliktSoato the interests of the two
Provinces, I did not myself see any alternative be*-
tweett the proposition of transferring to the Pr^vinGe
of Upper Canada, a port ,^hich shoiddei^alj^le h^ to
maintains her cosiununicatiou. witlvthe, «ea, ai^d there-
by effect her, independence of thahqwtv Jpj^^vi^ce
with respect to revenue arising £i;om duties oii. goods
imported sea-wards,, ojvioi^l^ ot}>erhan(ip, of ^ry-
ing into e&ct the provisions of a liegislativ^ Uijlion.
I was then asked« in Query 12, " Could a port be
" given to Upper Canada by any other means than by
*/LftBnftxins Montreal to th^tProyiQce?" ,!]j!qw^isiffi I
jtDswefed, " I am not aware of any «ther geograv«<
IJ-^pjb^ical laciiity of accomptishing that objecC*'**"'j
.fe>;j-:;ia;..ii>i:xi>.v.fi.i
iiij .iii M iii m l i i t hj ii - i i , J ) i lU * 0' » i h > t ^ ^
>. * In teftirenifc to my answer to tVjs questum, I wouM refer my.
nMid»t& to ft most valuable documpnt, v.i^ laBeport Iron the Selecl
P0MU3(»ittee of the Legislative Council of Upper Canada, signed tljif^
IStibday of February, 1838; in page 71 of which the |leport is as
ftdJows trrr" Anc^er mAasura haa been proposed, o^m^ ly» the extend-
iog tkei ilimito qf this Province, so as to inclvde the, Roland of Mofitx^
atod«i^rlAinil<|rtsof,lho adjacent territory. IHbtsre caqbe nodQuht
that this would be of incalculable advantage to Upper Gariad|»^ by
"to the latter armttgemfliitr, on ^e part 6£ the lioi^inei'-
'^ OanadiaiM, woidd not be almost tk sbon^; itisi t^ aft^
'^ incearpQratili^ iliiida of ths two Pl-ovittcietl^' ' lfy«
amht^tftAs, "'I eBteitain no itmbt tfiai't^iy sti«ofi^>
*^M6bjection9 wotild be madii by tbe Low^r iD&iia^diiiy^
'^ a^iiist such a' pjfopocivl ; btiit/JI rejjel^, tbaA^uyd)^^
'^ thid reIat)v^eireunitetan«9e«of the two PrbVi^<^»/lMi^
" the bdiindeii iduty of the mother eo^ii% b^aotjai^lAji^
"between them, I do not pereeive any other ths^^
'* these alternatives. I cannot, howeVer, avoid re-
'^^•'ittarking, that should Consideratioti* of mtitiia! die^^
"fence, and a sense of common interest, create a'
" growin^opittioh in favbur of a LegislativfrUnion iri'
" the two Pi-bVinc^, there does not appear to me to^
** be any conclusive mode of adjustitig their intereErts,
"tHtH i-^sp^ct to thfe a]^propriatiott of their cohimon^
" reVetiute, dtbef than by an identification of interests,^
(' I ' .
tTT
' lif [ , n i —
gfivth^^^ft'port acc^;«stf)tb from^e oc^an, and thua ehaUiH^Ver
to> i!tu|t« a rerebtie .eommbnsivate with her wanti. It ^rould t»^^
firom XTD'-ii^r the gQT6rnment gf howet Canada that portion pf the
population wlii^h hiaii taken the lead ih the late rehellions mbvyihtiaiQt,
and would place tttam under the influence of '^ther laws and feelings,
riuch to their own advantage, and to the benefit of both these
Coloiiiba. Th6 c6uiM^ "Miiich Wotild \htii tbrta the Phtvinie'of
Lower Crnttdk %6utd neither he so likely to place itsdf in an 'attttlnde
hdstile to^the Mdthe^ country, nor would its hostility he s« fbntti^taiMei:^
ahd, utld^r this arrangement, Qttebe<; nki^ continuei aft tt« 'hf
iklH^i the r^«i*BWce of the Governor GeneMil. TUdre are t ♦
advtititageii in favour ef this plan, which, in theK>f>iiNiidtt ef yotirC<uui4
tnittee, ibonld reconitttend it strongly to the M^d6-QlfMwM»^ieabff»
Governtnent.""''!^' '' ' ^ -'/.-.^.vIk'm/ to :-) bu-jw mlj hi!
12
**iktieiS[if i iCiAoii^^^w^ to tli^'
" FrencH'|bJj4lkrioathBr la#s attd mst*^
*«8ti%iMH§s, trf^iie ieictieiitof prev^ritirig the coilibmed
**'ii«gMtftui^fi^iri toting a^ii)^ tbdife MW^^titf instii^'
'♦^tiitioA^^yKhdictW'sa^ tliiife shbUltt t-mrv^ s^ikdt^
**Widtigft in thi^ liiig^ttled part of the PMvititei so as
**lio'^Ub\^ttie¥if^h'^6imIatton' to spread itsdfwit^
' - ' - >■ 1 r-.
• In refe
'!.
e attention
nee to this answer of mine, I would call thi
otmfiftfaAkrdtOAfAssags in thefl^tidrt just t|iiotM iil my ^rtnoite,
page 2j5><^"X^i9 uaijial, to, 9Qndei]|i^,;^,»ti:o^ tf|l^^lA the w^^l^jof
foresight of thd British. Government, in not .haying taken the most
obvidiis^sie&ftttre^ ibr maiking l^e t^^ntie of Qd^^;^ ii|l^i>fl^>^-
quest, at once and decidedly a British Colony. What is meant by
this is, that the English law, civil' and criminal,' sfaonid have beeir
immediately established, and constantly maintained there ; that all
ptodeedings in the LeglsIatuM, and {ftCotttts of JttittOe/tdiMdd haw
bMtt conducted in th« English Ismgiuagb alone ; and that ; any 'pecu^>
liirttt^iiri'the orvil polity of the bonqueted p«opte slioiild hivebetoni'
wliolly abolished. It i» reasonable to suppose that such «:cow8ei!
wottldv in progress of time, have made the Canadians more truly a >
Bt#sh people; and^ though it would have ddnevioleii^ to national >
fMUi^B and prejudices, whiefa deserve to be t^^atedwitiv^peitt, lyet'.
it<ci(Mild'not have been accounted unjust on ttie pi^ at itidix iooum <
qia^'roi^'; and few persons^ pA>bably, would hesitate to'aekaowledgie
thftt theit situation would have been greatly udpMredv by pnt^g
thidfil lieifsdtly Ml a ifioting with the otlMr subjects of the British
etoj[Htt'."l i'^^'-'H '*^'i ,^^'.h!:f iov'-"^ ^'-'^^ ^J iiJliiijiji h'jiimnm. iibrntaj
""'Still' iC fit IJM^ Mif^Hdtig' tistit Ihb t^Mdlftttt ' WM^<1nd<d^6iMy
alto^i^dd to retain their peculiar Uwii, and the me of fheir iang aage
in^itfflolal Bct^ and in judicial proceedings. It arose» no doubt, from
thtP^ii-etitAitaneefl of th« time. At first, indeed, the Bnglinh lawj^'
bMfh'tiivil knd criininal, was introduced by Royal Pv«»clamatioti, an a-
nUMntl r<»ult«f tii»c6nquest; and things continued on this iboiittg
fr6tti'^7dS'itf'tf74,%hie/n it WU thought expedient to restore to thbiu;
by Act of Parliament,>tH«'efijoynKint0f fhdir jpe«Uli«ir -code'bf^la^'i
fe to tliiB'
tfsiiithe
oitilbiiied
V6* space
If within
e attention
y Urttkofte,
be w^nlj^of
p the most
meant by
"have been
that all
AdttM Iiat« '
ladyipecu* »
hivebdon''
t«: ceturee'
ore truly a!
to national
Mpeiet, iyet ,
JtMit'Oon^'
kaowte^ge
»y putting!
;heBritiiii
idiil^ently
r langjagd -
oubt, fh)m
iglinh law,^
&tiotii ana ■
tin fisoting ■
etothbtti; '
fc'bf'la^''
5f ^5993^ J proceed to %i^t^ the ^videijce qf ^ t»nx.iiif\tr
nesses befoi;e thp .Committee of ,J,§^^ |FJba,a|e»
exi^^88e4 |l?^.opiR^nL.]?espectwg tlw^
f, J .have ,g^vea3t4b^.,4fip^r8f,of ,]^^ .SBpfit^B^n'
this subject in Appendix B.Mf^,]^Jli^'^^l^^^^
went to this, point, that the .ulthn^q,.effefiVjBtl***
Union, judiciously executed, ,wo]ald, \^^jf^ "j'5bft^,fftU>
" separate hahit^ apd ijitw^ei^tf , | jpgl|t^ ;|)e , j^
" lost sight of, .^n^ th^, pre^tj .j^j^^siQ^^j^i; f^l^.
" ings and prejudices give way to a general de-
" sire to eonsult only the, common good and the
" prosperity of the countiy in the upited Legisla*^
" ture." And ill another answer he says,, "I- am;!
" perfectly satisfied, a governor of conciliatory iisf ,
1! <r\ lidXri
'iji'l i;,!:
,^',!d Uinu'.ld Ay.!:
!.' j'ivi j,i fjyyh.^i'
\!:v: ' j HiJU i:
ili'jijjnilt ^jii.; jiilJ ,i-J .'.ij ii
' in all soaiter^ relating to property And civil rights/ This retracing^
of their stepa by the British Ministry probably arose fh>m observing,
that the Fretioh Canadians continued to be strongly attached t9 their ,
formev «ysteim» andirom a oonvietioa that it would be impnndeqt t<^v
leaiw them any^stromg ground &r dissatisfaction, at the ci^iti^ iav)-f,>
ment when the other Colonics in America were evidently on tMr
point of revolting from the mother country. What might; bi^i».bi9enil
the obndwiot nf sik^ Gaoadians. under other treatmwt w«. 4an lOiplyj!
coiyeeture^ but it is certain that the efforts^ which were a|terwaf<]y)|,
madebyth<l Wvolted, Colonies to allure them into their eonf«4«ra9y,( t
were utistt<«eBsfHj,!.andi ih»tt in general, th^ pop^dation .^tfi^w^Ri
Canada remained faithfUl to the Royal cause. The policy piu^pt^^
by the Government was natural under the circumstances, ^pdjp^ms
to afford no juat cause of complaint, though its oonseqnmcQs, iU,)il^,;
day are, no doubt» to .1)9 regretted, as well on account of )(hfiC(l!lfi-rii
dians themselves, ^s of their fpllow subjects of British vhirtfr;,/Qri{t
unque^tionftblyt their isyst^m of land tenures, and iJliMir!ciy|l;C^^|i|^tj
genor«l> is much Ic^ss oaloulatod to advance the.£rQsperitgr,q|'.,|j|^^,,
country th»n tl>e laws of England, which, tb^,jRrpJH4»W^^i^yAl
hitb^rto prevented the l^egiskture from adopting*" r>ini;ih'i'l to hh id
14
««
it
■f: position, popipiar <oharacter, iftnd g(^, mtmd mnse,
m Mtiog 4tpdn iinstractdotts .^iinn tbi« op^^t|^« iowaded
^jyonlih/^, ^pimi^ t«l<fl^(4ifc4tjr in
fff^iahiBmrng ajoA^comcllkg^iJ^^h!^^ in
the Legislature, and procuring from t^em •ample
means of impnmng the institutions and promoting
!f ^ ih&^«Kdiera^ imtevests of both proviqces^f ,
Mr. EUice, }mmvtr^(^e Im op|iaMsi> that if it
,WttB fqssibl^ more toi-^fttiafy the Pfoviaces of Lower
r<add lJpp«r!C«nfi4£i % aU^ other aiiirangenaent than
^m irhole measure of ia ^IJ^n^ he shoiUd he satisfied
litofiotriBdejagi^eal^J^l fQr!tihato^eet.^f ,>j
Si CThe opinion of Mr. Jamefi^r^tepinfii*, lu^ Under
Secretary of State, as given before the Canada
G)mmittee, on the subject of a Legislative Union,
f^b'.a8 follows-:~«-'^-:Y j^cf-vf- I'l ?v..a^-i>^.?)ij; "W '
vrj v?^ Wiijen tMiitldnif, «fi-i hi^re ojipten ^h^pgl^c^ the
n!?va|ip»r0iit fraglUty 9I qyr tenure o| |te j^fi^as,
9fffOfie, fwnd anly^noi (rai^e-of ^i-^ngUi^nJWgiit^J^M
i^jli^^occmTed to me. I woqld briRg jkp F^i^^hf ,and
vjif.Bng^sl representatiyes with m f^Uf^\il^,W'm^^
.t/M approach to equality of numbers, inlio' fthe same
'* Xiegislature. I would appoint over the% ago-
jj^'vernor possessing temper and wisdom vooo^gh to
hf6 aaoderate i)etween the two pajfjti^. By ;aia^ptaap-
'* iug a e^were fegard to justice, >and to tljie^itstitU'
^f^t|jiw93. rights of the King'e suyectsjofjevc^ class,
;tf\m Hiight aoquire A large and l^itifl|ateM¥«9ce.
of ^i[)rh}B>f I know, is a task mt to be ^ixnqiui^ti^ ; to
" vulgar hands. But I am much mistaken if a great
?
^3
.foHiided
ksaHtff in
iartie9 in
m <»mple
romoting
;hal; if it
[>f Lower
^Qt than
\ ss^tis^d
jCimada
e Union,
^|it,)bas
ii^pfar and
tli« ^ame
Oft a go-
Dfdfigh to
^nstitu-
eury class,
in^i^ce.
i^t^to
if a great
** and p<i»iialieBt aeeeseion of poirev' >t« tkis bountry
<^ #otild ^Bok ^ dentied Srcm the mild; fiirm» jutd Just
" joianagetn^nt "Of tlUe two gr0&t parties,' >' i Equally
'' iii^tied ^ counterpoiBed in tlw > 99ttift'^«w8l$m-
*<*iMy.*^^2'3'i^ nio-ii "^cniiav>i-.j baa ,^>'iif:.V]iei:g3>J ^di '■
So muck fbr opIaibxkB •ea^pnegMd ^ m ;1S|^^ iHth
respect ftotlie^iiteasune^f the UliliMil ^^oiiiS .iM
^'^'^^I «6lv i^receed to ttpinionfl idjt|ffes8(Ml ii| tB37«
fifteen yeais since the ftllttre tif tb^ Untai) Bill in
i83i, proposed undeir^ hotd Bathiiimt'^t iAilmuiistiia-
tion. In the IJlq^Ckiia^ HWald^^^^
D^cenl!^, l6^^^i#iM l!>^^liB^ iiiei«t4laitriiig pas-
jioinU yvitelai^sJ r. 1o toDtdua oili no ,j)oJjiaim(K)
** We mentbned in vour last number >thall^dbould
''i^oJiUi^^f' f'^matics on ibe ur^hn i^the Png^nae^,
> lend iiiih^'inte toshowtiiiatlbeidif«ren4iee betjMreen
'^tW^i^roiriiices «oald he ieasily set at rest % the
^*^(%U^lty hf^te impRM Farliament. Reoeot events
-liii^^^biotil^lJBtely altered the state lof aidhi in the
' JjofWiBt^vii^ noionger ar^u&ppt^t
« > j 1 iM ^^ wiQHld Bot disfraBbhise a man heca we he k a
' i^efishnek* ^radieal ; ball <wfaen lie heetfNnas oil adtttal
"^^¥eieli h[e4m 4jieid)y diifrAnchiaod himseE ^ ^j^ i
.'riiiffOne Mf ^f IdOivier Canada has hees aciii«^ ^
- J|i^ iii rehelJibi, or in mekbg prepocaltioaB M ft ;
*'%iyt 1^^&adttf«n« have themeby become obofatloys to
*ivn^ fill mAx-JUii i1:js/(S5 au. % i^u r.Uuiij ujj^li/v "
!:
y
' 1 1
) ■
III
I' i
if i
16
the highest punishment of the law, instead of being
entitled to sit as legislators, either; personally or
n*A B^ 'tU^iF'i^e^l^eisentatives. In Wjhatever waji'the Im-
W(i* ^^^(fliPartiam^nt may deal with th^ revolted districts,
>Tii»»^<* there can be no doubt that the elective firanchise
will either be withheld from them entirely, or be
conceded under such regulations and restrictions,
'^"^ that the political power of the French Ganadiatis, as
{^5^^^ '^ i pjarty, is overthrown for many years, and Itefore
those years shall have passed away, emigration will
j3 tr have raised the British part of the population to an
f>i equality, at least, with the Canadians in numbers.
4V>1 ** Wemay safely assume, that the power of the
. {^(v French Canadians, as a political party, is entirely
^%^ broken, and, therefore, the Provinces may he united,
t f with perfect safety to this Province t and with great
ibiv advantage to both. A unity of legislation and ac^t^on,
aiv which can hardly be obtained but by one legislature,
^h is essential to the proper adjustment of several impor-
^itant questions between the Provinces, as the disppsi*
i^iltion of the revenue^the improvement of the St.Law-
\ trence navigation, identity of commercial regulations,
^■^ and a combined action for all purposes of genial im-
|v provement, in which the prosperity of one province
^ so much promotes that of the other. And in order
\ to make Lower Canada a British Province, the union
-jul^ll be, if not necessary, at least highly important.
^^ - «* N.B. The Montreal Gazette of the 14th Decem-
^^fojBr obser as, that these are the views of * every per-
hntt ^^"^ -"^^ '^' ''^'■"
8
"^ ^mliiit iH^iiS teJif^l^HlliW^m
ji:i
r being
klly or
be Im-
tttricts,
mcliise
or be
ictions,
atts, as
tiefore
on will
n to an
bers.
of the
entirely
united,
h great
a<#on,
slature,
impor-
disposi<*
tLaw-
ilations,
eral im-
rovince
n order
e union
rtant.
Decem-
eryperr
1
UlJiM io ^♦^**"
,,^m^, Aht >u^m\mi^f^^^^^
it h'AUiiifi
m vilgonofpoli^dal experience mdi^i^^\fjf:^i;i^liH^ Pro-
mi fUnm/ ;* '^nd ttik • upon tHe t^m<^, ,i^,^^i^|p^n, the
.#jt) gtfrew^ty of Gi-ea^ Briton ove^ ^j^bo, (jj^lonies
^m bjIs^'' of BeeeiAbfci, lB37'r bccuw ' 1^^^^
■>'.^
.;<0
rfihi BOkly* depeiids.'*
the
— , «-wwing
!«'M <^* *«'jitt:aiiftiture legislation £6rtibiaFrovkiee»'tb^ first
'^^ '^^tie^tibiifi that ought tp present thcinselvd* to an in-
t^^i^ttt menaber pf parliainenti ought to bfe the fol-
" liitiring:^ What are the. moral and inti^ecvual ^apa*
V'^^ea of ** the great majority of the people V Is there
ii% ^rdbn of the people better informed than another ?
litliai portion lik^y to become tuore niunerouA)>and
n(l predominant' one, in course of .<^ei ' smA- kss liable
TO i-ejelct the true principles of the mionarbhical scheme
dr Government of Great Britain? What ar^'^ the
aarnental causes of the ilate insurrettion ?^<f ^By
mi w^ . it instigated, promoted, and. abetted ?
portion and denomination of her Majesty's
Subjects ^ew, to arms in order to suppress it) without
previdusly considering the necessity of dii^e^iting'^an
addrecis to the throne, expressive of their loyally ?
What are the true causes of the failure of th;^ ^k^e-
riment of 1791, 'to assimilate ^e dani^ifiais,' as
Mr. Pitt said he intended to do, ' to the iin^t^e,
the tnanners, the habits, and, above all, the laws and
constitution of Great Britain Y '"^^ ''^^a-q -^^niiHrn tan
B
::l
•.*iH;,i
:; H
■ e.
" With this short category of questions before^'' ' ^
him, no intelligent and patriotic member of parlia<» t^^' '
ment can be at a loss to apply himself to the impor-
tant task of legislating for the Province. - ^
" But let the wreck of Mr. Pitt's Constitution d^^''^^
*91, to a people who could neither enjoy nor appre- ]^*'
ciate such a boon, be the constant beacon of his con-
duct, tuw iiflij j^^}ii^\i^iiy.:^^ ..4i ..; ):-:.'^r' ■■■'"• "?-'»^""^4' ^'^•■
' " The time has come, wheq a new foundation must ^^ •"
be dug, and a. n^w superstructure raised. The law^ '•'-
that Are to be pasised^ in regard to Canada, must no ^^ -'
longer be of a temporary, expedient, cr negative eha-^ ^* -'^
racter, but of a positive, decisive, and permanent ^-^^^i'
nature. In contending for so long a period for their ^^ '
rights and privileges, as British subjects, it must; b^ ^^^'^'^
admitted that the loyal part of the con^inunity, which^ -"^^'^
is entirely composed of persons of English and^*^^'^^
Ameiiean birth and descent, cannot always be acting
pn the defensive. They must be fissured that they ^^'^'^
live in a Province of the British Empire, enjoying ^"*^'
British institutions and laws, and subject to no domi-'^^^i
nant legislation, except that of the Imperial Parl|a-'1^^ '
ment, and their own free Representatives in Provin-'*'*
cial Assembly. They must be put on the same
footing) in this respect, with their fellow subjects ih^^
Upper Canada; and we are fuHy and thoroughly ^^^^
convinioed, that no measure, short of the Legishiiv¥^
Union of both Provinces » will ever be able toefiect'***^
the lasting peace and prosperity of eit^r Pfovio^^/'
n
! I
19
The following is an Extract from the Address of
the Constitutional Association of the city of Montreal,
to the inhabitants of the Sister Colonies : — ;;; -^ '^^^ '^ "
" In the year 1791, the division of the Frbviace 6f '^M.
Quebec into the two separate Provinces of howet'-iiiih
Canada and Upper Canada, was carried into effect. ''i«'rt "
frwh
" It was conceived that this measure, by which
' one division should consist, as much as possible, of
those who were inclined to the English laws, and the
other, of those who were attached to the French
laws, vms best adapted to put an end to all disputes
of a legal sort, to reconcile the jarring interests and
opposite views of the provincial inhabitants, to pre-
vent a .gi;eat degree of animosity and confusion, from
their footed opposition of interests, and to obviate dis-
satisfi^ption from a great ascendancy of one party over
another in a united legislature.' h «• , n^* *??^Ti I* ♦MHnilii
" Th^ experience of fifty years of separation he^
tween the Pifovinces, and the present insurrectionary
and 6editio^s spirit exhibited in Lower Canada,
plainly show how far the advantageous results, anti-
cipated from that impolitic and undesired mea§ur§^
y-4
#|5
w
.t»f.«
have been T^ftlized.'' *
■n
u
•i ^i ■*/.'..
The last document to which I shall refer upon '^#^
the, measure of the Union, is an extract from ^e '#
Report of the Legislative Council of Upper Canada^ t<^^t
from which I have already quoted in two notetWvH*>4
IW! I
n
;i'n '
20
The ic^inion i^espectiiig the TJiiioii is expressed in
thJB Rejioft with vely great caution. The Report
says, in page 68, " The British inhabitants of Lower
'"'Canada are strongly impi-essed with an opinion, that
v^f after ail that has taken place, the removal of this
** difficulty respecting the Civil List would not alone
<'*^ be snffident, and that the Province cannot prosper
'' uhless some hiatetial change is made in its Constitu-
' •»♦ tion . The French Canadians ai^ not an enterprising
" people ; they care little about commerce^ and are
" not zealous promoters of public improvehient ; and
" besides this, it is said that their laws atid customs
" have an Unfavourable tendency, end that tjieir igno-
" mnc<e and national prejudices forbid all hope of
^* amendment th!p<Mgh the agiency <(if thd LegisktUrew
"A Legislative Unioii of the ProvinceB is pro-
*^ posed, and very earnestly pi^essed M the mttst 6flfec-
i*'* tual remedy. It probaWy is desh^d by the British
*'"' populati<»n of Lower Canada, with very few excep-
•'f^tatofts, land theif desire i« natural>^-*they may gain
~'^ ij^uehi and cati scarcely lose by the change. The
♦'"♦'p^tople i&f Upper €lEinada> on the other hand. Would
'^'** be comihitting much to hassard by the trial ; they are
i"^ happily not in that state that should make them
" indifferent to any dangerous experiment. Hitherto
' " af^ar of ill consequences to themselves has prevented
**' the inhabitants of Upper Canada Itom seconding the
* '^*<dtei8irefe that have been Expressed f6r a Legislative
t^** Union. The situation of Lower Canada is now
^^^M^^
%\
* such as calls for some important change ; for it is,
' perhaps, not too much to say, that the laws no longer
' afford to the British population there sufficient se-
' curity for their lives and properties. Although a
' strong military force must probably, under any
' circumstances, be maintained in Lower Canada for
' some time to come, yet that is not the resource that
' should be principally looked to for the future tran-
* quillity of the Province ; and if it were certain that
' peace and safety can be no otherwise assured to our
' fellow subjects there than by the desired Legislative
' Union, then your Committee would not hesitate to
' say, that the people of Upper Canada should consent
' to that measure, as they should, indeed, to any other
' that, upon a deliberate consideration of the case,
' may appear to Parliament to be the most expedient."
Again, in page 71 : — ^" So far as we may be
' permitted to determine the question, upon a view of
' the interests of Upper Canada merely, our inclination
' is against the change ; but if without an Union the
' British population in Lower Canada cannot be se-
' cured in the enjoyment of British institutions, then,
' of course, it must follow, that the only question for
* consideration would be the terms of the measure and
' the fittest time for proposing it." This alternative
proposition expressed in the Report is hardly in
keeping with the sentence which immediately suc-
ceeds it. " Your Committee forbear to enter upon
" a particular discussion of these points, because they
c 2
22
' (
I
-M'.
♦••(CrtttriOt convince themselves that an union witfi
•* Lower Canada alone would be safe or desirable lor
•* the inhabitants of this Province. If a mature con-
** sideralion of the present and probable future state
'^ df Lower Canada should seem to compel the Im-
" perial Parliament to favour that project, there can
'*'bfe no doubt that ample opportunity will be aiSbrded
" to the people of both Provinces for offering any
'* su^jjeations."'''''^''''''* '^'^"* *^'^ ' ' sunJiurao ;j|iriyt
Lastly, upon this subject I would call tli'* par-
ticular attention of my readers to two letters signed
"M.," published in the Morning Chronicle on the
2d of January and on the 23d of June, 1838. Those
letters are, within my own knowle<lgte, written by
a person whose local experience, as well as general
capacity, entitle his oi^in\on» io the utinost respect
Those persons who are really and deeply interested in
the question of Canadian policy, will do well to give
those letters the most attentiv^e perusal ; for tny own
part, it is not my object to offer an opimori as to the
future, I am only seeking to justify the "past, and,
in vindication of Lord Bathurst's government, to
demonstrate that if the measure of the Union had
been adopted in 1822 it would have prevented the
possibility of the occurrence of such scenes as have
been lately witnessed in the Canadas. The Earl of
Durham, in his Proclamation to the people of Upper
and Lower Canada upon his landing, says, " If you
(the people of British America) on your side will
88
abjure all party and sectarian animosities, and unite
with me in the blessed work of peace and harmony,
I feel assured that I can lay the foundations of such
a system of government as will protect the rights
and interests of all classes, allay all dissensionsi and
permanently establish, under Divine Providence,
that wealth, greatness, and prosperity of which
such inexhaustible elements are to be found in these
fertile countries." I will only observe, in reference
to this passage, that the object of those who ori-
ginally contemplated the Union was strictly to frame
a measure that would "protect the rights and in-
terests of all classes, allay all dissensions, and per-
manently establish, under Divine Providence, that
wealth, greatness, anc^ prosperity of which (as his
Jjordship justly remarks) such inexhaustible elements
are to be found in those fertile countries,* ty^.^^,,^ -nsoiii
I now proceed to the charge made against Lord
Bathurst for having directed necessary paymenta^td
be made from the provincial revenue without tlie;
sanction of any Act of the Legislature. On this'
subject, the Committee of the Legislative Couneil of
Upper Canuda, after severely commenting upon the*
impolicy of having placed the Civil List within the
annual control of the Assembly (a measui'e subseT v
quent to Lord Bathurst's administration), proceed
thus : " Even sc early as the time of Lord Bathurst,
" the government of Lower Canada was in a state of
" such ^embarrassment and confusion, frotn tfie total
mi III
<i Unv
'i i'i
i 11
M tJii
u ii,
I Mi
! »
!:lill
i; !
24
"failure of the Assembly to provide for the Civil List,
" that ijord Dalhousie, then Governor- General, was
" directed to cause the necessary payments to be made
" from the provincial revenue without the sanction of
" any Act of the Legislature. We do not say that
" this; direct violation of the law of the Province was,
" or could be, justified by any necessity. On the
" contrary, it would hav^ been better, in our opinion,
" even to have repealed the Constitutional Charter
" by the unquestionable authority of Parliament than
" to suffer it to remain in full force and at the same
" time to sanction its di^ect infringement by an Act
" of the Executive Government. <• »»' -
** But the &ct, that the difficulties arising from a
" want of a settled provision for the ordinary expenses'
** of the Civil List did lead the Government to adopt
" a measure so certain tv be injurious to their cha-
" racter and to the future peace of the Colony, and to
" preclude all amicable intercourse between the Go-
" vemm«it and the Legislature, is of itself an un-
" answerable pixwf that it ought never to have been
" thought possible to leave the affairs of the Colony
" upon such a footing." •♦ -' ""^^ '-^ " n; ij. !, ^ ,
In respect to this measure, it was in the highest
degree incorrect on the pail; of the Legislative
Council to state tha^ Lord Dalhousie was directed
to cause certain paymentc to be made. The truth
of the case will be found in the 29th query put to me,
when the same mistake was made by Mr. Ellice. —
*%
25
il List,
al, was
»e made
ction of
iay that
ce was,
On the
opinion,
Charter
snt than
he same
' an Act
Z from a
expenses'
to adopt
leir cha-
y, and to
the Go-
f an un-
lave been
e Colony
e highest
egislative
I directed
["lie truth
Hit to nie,
Ellice.—
Mr. Ellice stated '* that the Governor of Lower
'* Canada has been instruoted to remedy the difficulty
" arising from the Assembly nc. voting supplies by
•• his own warrants on the receiver, to whom the
'' taxes are paid, under the provisions of the Canada
" Trade Act ; have ycu any information to give the
"Committee upop that poiijt?" — ^Answer: *^ The
*' Governor did not receive instructions to appropriii^te
*' any duties received under the Canada Trade Act,
" but, under the emergency in which he has been not
" unfrequently placed from the total cessation of all
" supplies to carry on the governrpent of the Colony,
" he (the Governor) has drawn upon the unappro-
" priated revenue, and such a proceeding is necessarily
" to be justified only from the extreme difficulty and
" embarrassment of his situation. The discretion
" which he has been compelled to exercise on such
^* occasions hus received the sanction of the Secre-
" tiwies qf State."
Every person of common fairness must admit that
there is a substantive distinction between a Secretary
of State giving directions for the commission of an
act abstractedly unconstitutional ^nd his sanctioning
such a proceeding on the part of a Governor com-
pelled, by the force of circumstances, to resort to
such an alternative. But if the censure of the
House of Commons iti to be passed upon Lord
Bathurst for having sanctioned such a measure,. let
us examine if no similar measure has occurred since
that period. It is no apology of one measure to'
w
11 il
t! till |i
I iiiiUlil
i.'
{'■
ii ^i
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! ■|i|ll
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■ t: "
r
!
26
show that it can be paralleled by another, but where
necessity in one instance has prompted a measure,
and necessity in another instance has suggested one
similar in principle, it appears hardly just to extend
censure to the first and to exempt the latter from
equal censure. The Report of the Legislative Council
of Upper Canada, vide page 54, upon this subject, is
expressed in the following words : " The Govern-
" ment having left itself without resource has been
" left by the Assembly wholly destitute ; and after
" four or five years of unmitigated insult and violence,
/'without a single grateful return or respectful ex-
" pression, the Government has at length been com-
" pelled to pay its judges and other officr-s their large
" arrears of salaries out of the military chest of Eng-
" land, while a large amount of unappropriated monies
: " is lying in the Provincial Treasury ; and when the
" remedy which it is proposed to adopt for this in-
^■** convenience and injustice is considered, it will be
'" seen at once how strongly inconsiderate has been
I" the policy of the Government in this very delicate
add important matter. .;:: i »!•..» ^uj .aiHiTK atio iii
*^ The measure proposed by Lord John Russell's
' " resolutions of 1837 is to take from the Provincial
' *• Treasury the money which the Assembly has de-
i " clinedto grant. The provincial statutes, by which
^ " this money was raised, reserve the right of apprO'
*' priating it expressly to the Legislature, and the
' " taking it by any other authority is a direct violation
" of the law and a plain infringement of the Consti-
**,
Ui.
■
^
I
" tution. How much better would it have been; lo
"have exerted the firmness necessai-y to preserwe
" what by law and justice belonged to llie Crown
'* than by tamely surrendering it, to ineur? the <n()-
** cessity of dishonouring the Crown, «aid furBishiiig
f* the Assembly in the midst of their liMitiou&vici-
" lence with a ground of complaijit infinitely \ii\<9ve
" substantial than all the grievances they had been
" inventing for years I u 'n<i».u i\o{ j^avind Jni>fn **
oj " Far from being improved in lumper and de>
'^ meanour by the unlimited confidence that had been
^' so incautiously placed in them, the Assembly became
*^ more rudely violent than ever, and, instead of em-
<< ploying themselves in anything useful to the Colony,
" they pi-oceeded from one intemperate ac+ '-^ another,
^^ till at last they impeached the Governor' General,
^1> the Legislative Council, and the King's Ministers in
^f / ninety.two outrageous resolutions ; such, in matter
" and manner^ as it might have been supposed W9uld
^vhave discouraged any further attempts to cure the
** evils of LowerCan&da by conciliating the Assembly.
" In one sense, the course taken by the Assembly was
•* honest ; for in these resolutions they plainly an-
*• nounced to the King's Ministers that they would do
** nothing that had been expected of them ; that what
" they wanted was a Kepublicaii Government, which
*' his Majesty might grant them if he pleased, but
" which they were resolved at all events to have, and,
** if necessary, by rebellion, in which they doubted
" not they would be assisted by the United States."
^m
i 'iii !!'!
H<1
;l
1
!
1
il;
• 98
The inference that I draw from these parallel acts
is, that there is something defective in the extreme
in the Constitution of those Provinces, and that
such a defect requires an eaidy and efficient remedy.
If I do not deceive myself, J have now succeeded in
showing that under Lord Bathursfs administration
a real and adequate remedy was suggested far the
inherent difficulties growing out of the Act q/ 1791,
which established the Constitution of the Canadas as
it now exists. For the reasons given by me in the
fullest detail in ansH'er to Queries submitted to me,
— vide Question and Answers, Nos. 1, 2, 3, and 4, —
I do not hesitate to say, that it would have been im-
possible that such misconsti'uction could have been
put forth and acted upon by an united Legislature.
The evils, consequently, which have grown out of
such misconstruction, in the case of a single Ijegis-
Ifltui'e, would have been avoided. It was no fault on
the part of J^iord Bathurst that Ithe two Legislatures
were not united, and that the reign of common sense
did not prevail, in contrast with that of spurious com-
plaint and unreasonable demand. I have shown that
the failure of that measure was no faujt on the part
of Lord Sathurst. uif t-? o; v.'-mvi ,i<.w (u //
I have now to advert to m/^asures thQ,t tooH place
under the administration of Lord Bathurst, which,
had they been followed up during the years sub-
sequent to 1825, would have opposed a most efficient
prevention, though of a different character, of those
disgraceful scenes which have lately been acted in
29
4
the Canadas. I allude to that system of colonization
which was effected in the years 1823 and 1825. In
1823 and 1825, a body of more than 2000 Irish emi-
grants left the shores of their native country, under
the protection of the Government of that day, to
escape the misery and destitution beyond human en-
durance which formed the rule, and not the excep-
tion, of their existence at honie. They were removed
to Upper Canada, and most liberally treated. Their
colonization, notwithstanding it was effected at a
high rate of expense under the incident of a first
experiment, so far from being an unprofitable ex-
penditure, involved a material national saving, and
was, in every sense, an economical measure. These
colonists no.w form a wealthy body of yeomanry;
and what their feelings are and have been under kind
treatment will best be appreciated by the perusal of
the following letters, which have passed between Sir
Francis Head, the late Governor of Upper Canada,
and myself: — ' ■ •"-- •■ -"'^ ^'-'i' ■■■^- .v''" '•ii '^[>i
lit n v 111-; -.v:.!! f •« Cavendish Square^ May 21, 1838. ,,
^ " My Dear Sir, f> •.i*-i;-s,'is hniy to ^niiiwA •-idt
Wul you allow me to call your attention to
" page 355 of Minutes of Evidence taken before a
" Select Committee on Emigration in 1827,* i«
,< J Ml
* Colonizations of a siini^ character might now be effected ^t a
LES,8 rate of expenditure. Tlie subjeet is too important to he dis-
cussed incidentally; but the pro(^ as to the economy of ,v measure fur
colonizing Irish pauper agrir-uitural laboiu-ers, for whose labour there
"Ill
30
which, among other documents, you will find ad-
is no demand in Ireland or Great Britain, and, secondly, for whose
labour there is also no adequate demand in a British colony like
Upper Canada, is the plainest imaginable. If such demand did eoeigt,
there would be no necessity for colonization, which is an expedient
only to be resorted to when the labour market in a colony is drugged
and can for the moment absorb no more. I am preparing a publica-
tion specially on this subject ; but I may here mention that the test
of the economy of such a measure was pointed out in the clearest
manner in the eighth resolution of the select class of the members
of the London Mechanics' Institution. After having summed up
the whole subject in the previous resolutions, the eighth resolution
records that, " in reference to national wealth, if the expense of emi-
" gration be less than the expense of home maintenance there would
" be a decided economy instead of an apparent expense in the applica-
" tion of national capital to the purposes of regulated and assisted
"emigration." )aqv.Ki u Ji.ii) uJiii i-j'.i^'MtflJ ni ^.i ^tn'-jib v><i .>\'
The strongest objection which has be«n preferred against the policy
of colonization, as a national measure, is the presumed expense in-
volved in it. It is remarked that it is very true thbt an Irish pauper
is much happier in Canada than he would be in hi« own country ; but
then it is asked what expense is necessary to remove him. It is
admitted that he is not wanted in Ireland — it is admitted that he is
wanted in Canada — but still comes the question, who is to pay the
money for his removal? If, for the sake of argument, it be admitted
that there are a thoustind married labourers in Ireland, with a wife
and three children each on an average, forming a body consequently
of five thousand persons, and if it be also admitted that there is no
demand for the labour of those thousand labourers in Ireland, and
that they have no species of prgperty, it is self-evident that, unless
they are supported in some manner, they must perish. Let it be sup-
posed that they are supported at the miserable rate of 2d. per head
per diem, this 2d. per head must either be the gift of charity or the
result of spoUation. The annual expense, therefore, of maintaining
these labourers and their famiUes in their own country amounts to
15.208/.; but, according to the evidence of Lieutenant Rubridge,
which I am about to publish, and who has been 19 years a settler in
Canada, supported by the strongest previous evidence, these one
thousand labourers might be located as Colonists in Upper Canada at
the expense of 60/. per family, or 12/. per head, equal to 60,000/. A
perpetual annuity therefore (I employ this by way of illustration) of
2000^., the funds being at 90. would enable a loan of 60,000/. to be
raised ; wheroas, independent of the increase of these parties in
Si
" dresses to Earl Bathiirst from the Irish emigrants
"of 1823-25.
: __^.j
Ireland, supposing them to be charity-fed, their maintenance at \0d.
per day per family constitutes a perpetual annuity of 15,208/., which
represents a capital sum (cteteris paribus) of 456,240/. instead of
60,000/., the sum necessary for their colonization. Of course I am
arguing on the hypothesis, that there neither i> nor is likely to be
a real demand for their labour in Ireland, or Great Britain.
Surely common sense points out to any person willing to think,
that a perpetual annuity of 15,208/. per annum is precisely aS'
much a tax in principle upon Ireland as a tax of 2000/. per
annum, under which they might be colonized. The policy, therefore, '
uf effecting the colonization of such parties, and converting them
into happy and wealthy yeomanry in Canada, as compared with the
policy of keeping them in Ireland as miserable paupers and beggars at
2d. per diem, is in the exact ratio that a perpetual annuity of 2000/.
per annum bears to a perpetual annuity of 15,208/., or that a capitipl
sum of 60,000/. bears to a capital sum of 456,240/.
An emigration of labourers who expatriate themselves with the
view of being absorbed as labourers in the first instance in a colony,
necessarily has its limits, which are measured by the real demand in
the labour market ; but their colonization with due assistance, sup-
posing an indefinite supply of fertile land, has no definite limitation.
I trust that the day may soon arrive when truths Vike these, which
have slumbered in the unread Reports of the Emigration Committees
of 1826 and 18^7, only to be revived in the resolutions of a select class
of London mechanics, may find some favour in the houses of Parlia-
ment, and be matured into measures of substantive relief for Ireland/
The Irish Poor Law Act will have the effect of an optical instrument, '
and make certain truths apparent, which happily can now no longer
be concealed. I will not be tempted to add more in this note on this '
momentous subject, on the due comprehension of which the prosperity :
of Ireland, and the repose of England depends. I addressed A letter
to Mr. O'Connell in November, 1830, now nearly eight years age.
This letter was published in the " Times.'' I then told him, " thut
" I was prepared to show that, as far as the emigrant was concemrid, '
" emigration, when duly assisted by capital (in other words, judicious '>
*' colonization), had produced the greatest change from human misery^ -
" to human happiness that had ever been recorded in the history of
" mankind;" — and I alluded specially to the experimental emigra- ,
tions of 1823 and 1825. The publication in which I am now engaged
will, I think, convince the most sceptical of the truth of that assertion.
T^
T-J
32
1 ill'
rii,!'
I sir
Btiai
:' -m
! ;l
III;;
jii
" I need scarcely remind you that these emigrants,
" while in Ireland, wee in a state of the utmost
'* destitution. Had they remained there they would
" probably have perished under the combined inflic-
" tion of physical want and mental despair.
" As far back as the year 1826, their gratitude
" for the favours conferred upon them in removing
•• them from Ireland to Canada was unbounded.
'* Even at that now distant period they thus express
"themselves: — • '••"*' >''ii -. v- -,i ^^iLn.U
** * For the liberality of a humane and benevolent
** sovereign no language can express our gratitude,
" in having removed us from misery and want to a
"fine and fertile country, where we have the certain
** prospect of obtaining, by industry, a comfortable
** compet>ence ; and we trust, my Lord, the report of
" the progress we have already made on our lands
" will not fall short of your Lordship's expectations,
" taking into consideration that we have had to con-
" tend, in addition to inexperience, with the enemy
" of all new comers, the fever and ague, to a v6ry great
" extent ; notwithstanding which^ we have been able
" to*provide ample provision to support our families
" comfortably until we harvest our next crop, s'
i.Hi« f y^Q jjave reason to be thankful for the wisdom
" and discretion which appointed over us so honour-
" able, kind, and indefatigable a superintendent, who
** has used every exertion and care in providing for
** our every want. »( ff- . r-
** * Above all we rejoice that, in this happy coun-
38
ligrants,
5 utmost
jy would
;d inflic-
rratitude
emoving
bounded.
I express
n ♦
nevolent
ratitude,
i^ant to a
e certain
nfortable
report of
ur lands
ctations,
1 to con-
e enemy
fery great
>een able
families
wisdom
honour-
ent, who
ding for
jy coun-
*' try, we are still under the government of our
" illustrious Sovereign, to whose sacred present go-
" vernment we beg to express the most unfeigned
" loyalty and attachment. We beg most respect-*
" fully to add that we cherish the hope that more of
" our Unfortunate and suffering countrymen, at no
" distant period, may, by means of the same generous
" feeling, be brought to share the blessings We enjoy.'
f " Again they say: — mmitfH woci tj.iir m ,i'>^l
•* ' Having now resided about a twelvemonth on
" our lands we have every reason to be thankful for
" the excellent locations assigned us ; and we trust,
" notwithstanding the difficulties our inexperience
*' has had naturally to cx)ntend with^ tliat the inves-
" tigation our worthy superintendent has caused to
" be made of our actual improvements, will not be
" uninteresting to his Majesty's Government, par-
" tioularly to your Lordship, whose zeal in further-
ing emigration to this Province is so eminently
rjsCOnspiCUOWS. ,*:J.'>li^»r^^>< J /■.•.?!!; uS K'fS/fij'jf; ut AuvM
" * We take this opportunity of expredsing to your
?< Lordship how much of gratitude we owe to the
" Honourable Peter Robinson, our leader, our ad>-
" viser, our friend, since we have been under his
" direction, particularly for his exertions in ad^
'* miniBtering to our comforts during a seacfon of
" sickness and privation. :tr> ' ,; u. r, ,: x .?.!.
" * We beg to assure your Lordship of our loyalty
" and attachment to our gracious Sovereign's most
-iisacred person and Government.',; ,;
((
((
., I,
',<■:, A
a4
I itii; 'IS
U'
I! ^1
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!
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■ mi
mm
! H III
I
li
'11
jffi
m
mm
M ■
,,;«. Again :-"«^ t^ii l.i UmttM »{* )« ton fmw h. .
«!'n«r« We htivfe been brought frohi a country wKere
•* we had many difficulties to contend with, and sup-
'* ported here to this time at th^ "xpense of Govern-
"mentj oilr every want has been anticipated and
" pwvid^cf for, and independence not only brought
" within our reach, but actually bestowed upon us.'
" And again : —
** * We trust our orderly conduct as members of
" society, and steady loyalty as subjects of the Bri-
** tish Crown, will evince the gratitude we feel for
" the many favours we have received. ■•'^*r y
K ut Xhgt the blessings of a grateful people may
" surround the throne of his Majesty is the sincere
"prayer of' * ^<ri\\iu*n'} H^'i^t^^'^ '^i^ ;*^^ '"
-,■ 4fcj^/;*: • r "• Your Lordship's >^ 44v?««i:> "
" * Most respectful humble Servants^.* ^
" When I endeavoured to point out to parties ad-
" verse to emigration these passages so redolent of
" gratitude and loyalty, I was told they were ad-
y dresses hatched up by persons not really represent-
*' ing the emigrants; that the project of converting
*• miserable and destitute paupers in Ireland was a
*' senseless and dangerous project ; and that if the
•' day should arrive when, either from a rupture with
** America or a conflict with the French Canadians,
" their loyalty and gratitude would be put to the
'jVtest, they would be found miserably wanting;^' '^'
^•fvf*t|.Vnow beg to know whether the emigrants
" known in Canada as Robinson's Emigrants were
m
wHere
d sup-
overn-
id and
rought
n us.'
bers of
le Bri-
feel fol-
ic may
sincere
nts.* '
tJes ad-
jlent of
ere ad-
iresent-
iverting
was a
if the
ire with
ladians,
to the
ligrants
its were
*' or were not at the period of the late crm» in Ca-
" nada in 1838 in the exercise of that loyal^ which
*• they professed in the year 1826 ? »: tiuim ij*ti &#»
»,^.^f| v' J remain, my dear Sir, ^^ i i ,rW|
•!.n
Your faithful humble servant.
" R. WiLMOT HORTON,
•* Sir Francis Head, Bart." ry ,.w,vr* f,* , ^.-^r, (^
**■*.'
** 62, Park Street^ Grosvenor Square,
-■7/i i.'^.U-ti- i-^'::U'^:- '-V^ •• JWoy 21, 1888. m^-f'*^ "'
...'.'" My 1)ear Sir, ^ ^i ^iym--} ■ih ii •.?< ^r?«' * ■ A^i^ ■
" I have just received your letter of this day,
" in which you inquire whether certain emigrants to
** whom you have alluded * were or were not at the
" period of the late crisis in Canada^ in 1838, in the
" exercise of that loyalty which they professed in the
•* vear 1826?* :
» »-.»!
jtfV^ t „.( ., I ^
" My reply to your question is in the affirmative.
"On receiving intelligence that Toronto had been
** attacked by a band of rebels, the settlers to whom
" you have alluded were among those who at once
" marched from the Newcastle district, in the depth
" of winter, nearly 100 miles to support the Govern-
" ment. , ^!, ;;.^it*.?)U '■ % ..
.■4U** On finding a body of the Honourable Peter
*• Robinson's settlers self-assembled in line before
" Government-house, I went out and thanked them ;
to which they replied that they were doing well in
ih« world, that they felt grateful to the British
<«
M'=
' illl
m
! i
36
'/.Gweriiinent, and that they had come to (ight for
)\ 1tlM^ iPri^i$h constitution .♦:• »'v-^Tf o,+ ymiyvAq FjfiR '
sdt'io iiiTil">l remain, my dear Sirj In r-J.-n'fi.-. ,<in[ -
bilT fsbjjiiij > " Y^ur jiithfuljiumble servant, - - . ••
^,nvr JrtornmovoO ml^ ii:tft i<7//,nir'rF» B» Head,, >'
!!<ap.Rlght'H6n. Sii^R. W. Hoi^obj B&rt."f.i>uli ••
o{!$fu«h jp /the. JriBh (character when < good feelings
e|[ig^nd€tr?(^%)kiii<^ treatment are allowed to pre>
domjual^. , ;,j^ay this practical lesson not be thrown
a>iray I and may eo easy, and as I contend so eco-
Qomicai, a process be no longer despised of converting
Irish disaffection into Canadian loyalty ...nraoqqo 'to ^'
On this subject it may l:|ei instiructive to I'e^ ttie
fpUoiVving observations in the Report sp of]ken, alluded
tjo in page 10 :— r-,,? •.. "i-n ,uuU;hiu-u^ L'Yi(m\.\'\ fult '^
. '' But there is nothing connected with, thip re-
''.jl^kftble (Jfiisis (iieferring to Jil?|e crisis ,pf , t^ jHte
i jlU i l M l i i
^UU-
i I n ■<
il ' i I III ! i l l
^'"'Mr. Mackehzie, of Canadian nbtdrrety, was, in 1 825, the ech'tor'of
^Ift^ooial Advocate; and on the 6th of December in' thait year an
ar|j<^le appeared headed " Mr. Robinson's Irish Settlers,'' of which
the' fblld'wliig is a copy : — "We have informaticui which ttiay b6 de-
".pended on, stating that theM people have ian Ardent desire Co-^ to
" th^ United States, and that they frequently desert. I^o less jlhan
**vvitiy iff them decamped lately in one night. To hW fiiuch thore
'^w«fU a fnlrpose migl^ 30,000/. have been expended than in recruit-
" ing in ^reland for United States soldiers by Canadian councillors I "
^'Hie'&r^t'pkri of t^is mis-statement was contraclicted ih the Weekly
Bfgvt^r <oQ >th!9 mH €i December, 1 82$, by , a'SSr. fitegibbon ; with
respect to the .second part, thOj par^eraph respeoting the 30^00/,
slli«ii^ ^b'^Ti^fro^k Which were diitei^lh^d "by t^^ disloyal t^tn-
stta«»fli5ftfi4W«fM|^>^|he^;pr»i$ew9r<»ifMttl««8. f o ^i <.ij
87
im lor ■
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ft
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€t
SAH^i ^' ' ■
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ft
to pre- ■
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a
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' of which 1
lay bfe de- 1
ire to^ to 1
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niich more
c.(
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if
tnrecntit-
mciUor* 1 "
be Weekly
>1iont;;inth
ae 3(M|00/,
jyai tiiem-
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V
' Jl'-Wj
atteihpt at rebellion) upon which it is so Batisikctory
and pleasing to reflect as the very striking proof it
has afforded of the loyal and patriotic feeling of the
great body of the people of Upper Canada. The
instant it was known that the Government was
threatened i^'ith violence^ all distinctidnsQf'ieJi^ion
and country were laid aside, and, with a noble
ardour which can never be forgotten by those livho
witnessed it, the people rushed forward by thousands
to put down rebellion and tdprPMerve the supremacy
of the laws. While neither wealth nor station wasr
felt to place the possessor ribbve the cbmmon duty
of opposing with arm^ this^ unnbtiiral rebellion, the
humblest inhabitant ()f the country gave also his
services AvithcHeerftilness, and none rtiore so than
the coloured population, whose brave, faithful, and
srteady conduct h^Ve entitled them- to great credit.
In the course'of this service, and of the more ardu-
ous and protracted exertion which it has become ne-
(^essary ,toraa|ie o^ our firontier fironj causes to which
we shall presently ladvert, it has been made most
evident th^tX[ppei: Cajna^a possesses an ineatinojabk,
advantage in the hardy^ intelligent, and brav« pppu-
lation whip h for many years pa^t has beeju |lowi^gjjfp>
us from the United Kingdom. The loyalty of otti*
paitive panadians, which was conspicuous intthe]|s^t
war, is now aided by a host of spirited and zealous'
officers of all ranks who have acquired grea<t [^jin^ig
perience in the army and navy of Great Britain, ftnd'
i> 2
38
i'<'by»>ithdusand8i of brave soldiers who have l>ecome
« gfeWfelrs among Us, and whose glory it is to devote
W)<ihelrlliv^s to tjie service of their Sovereign. With
"^^'haiidB^^nil hearts like these a militia is soon rendered
Jfl^fficient £tnd formidahlie ; and it may he doubted
•«%betheraliiy country of equal population ha^ better
•-"'Wditerials for self-defence than the Province of
f*^UpJ)e^''04ttadtti' It' is at least certain that no
**'^ol0tty iE)fl Grisat Britain can ever have given a
*^ mdre diecrdftd proof of attachment to the Crown and
'*'^of^ detern^inatibn to support the Constitution and
'^^ Without the successful stimulus given to emi-
- Igration generally by those sucdessful coioaiiationfi ®f
.1898 ittid 1825, it may be doubted whether; the aid
^tJerived from ihe " hardyi intelligenty andibrslve
population" referred to in the Report would' have
toftiirf folthdonfiing ; mA when tile additiohal aid be
iibnsidered that would have been afford*^ if the sys-
^'(kh of colonization, carried into effect under Lord
^^MthUVst's administration in 1823 and 1825, had
been carried on, as recommended by the RepOiCt of
'tff^ Bmi'^ratibn Committee of 1827, that measute of
^ct^^nkl policy should not bo f«^ kside whdn the
"iii^ite Arid demerits of Lord Bathurst's administ^-
^'^n ilr^ tiiHler k^ew, still less when they are under
^'^•^^ulA tlltin' i# ^tkijr *k|»<!>siCon 'an* dHert^^^
a
\ li^^iki, ;iJ ^■, ■4>KVi\ MUJ '',lill Jii
l)ecoine
devote
With
jndere<l
loubted
a better
ince of
that no
given a
>wn and
:ion and
•) Hi? ni
to emi-
ukions of
! the aid
d lirkve
lid huve
.1 aid be
the sys-
ler Lord
^25, had
lepojtt of
sasuie of
h^n the
ninistra-
ire under
of Lord
Bathurst's administration of the affairs of Canada
when Colonial Secretary during the year 1832 to
1827 inclusive. I must finally be permitted to add
a few words foreign to the especial subject of this
publication, but due to the memory ijf one of the
most sensible and honourable men. The cbarMer
of Lord Bathurst, as an efficient public eeryant a% the
head of an important political departmenti . fi^ very
imperfectly appreciated by the English public., Un-
doubtedly his general politics did not respotid to the
movement of the latter d^ys in which he Myied; but
in all cases where first-rate practical good sense, and
a rapid yet discreet vievfr, of intricate subject^was
(essentially required, liordBathurat possessed a mind
far more able to grapple with difilculties tha«n many
of those persons who have underrated his pplitical
s(i Lord Batiiiiirst hadvnO/affection |<Hr pol^tu^l W'
nomy hy twrne, but mco the results of a wisj^ ,c9n?l3|ina-
tioh of Colonial measures, which in their^c)^ractfr
might u^ore or less belong to the science Qfj»o)itl€>al
economy, no man was more alive. ,no bfthrjsa need
to si served under him as Under Secretary off S^tf^^e
for thri years 1822-23 24-25-26, and part \s^i^%J.
My opinions on several. points were diffejrep^jjEff^fn
his, more especially on the Catholic questi^cfn ;^^ju'i.
such difference nev«^r for one instant affef(^^f:j^,|J[ie
friendly and confidential relations that subsisted be-
tvi'een us, and, like his friend the late Du)(eo|'^)^ork,
he was too liberal to allow political differences to
Jli;
40
i|5ii
fcWinoc
tmfc j'ly
hilh) Tjri':
disturb relations which were valuable from a variety
of causes independent of mere speculative political
opinions. (^ jy^ y^ m / >« ^ '■• /
It was under Lord Bathurst's Colonial administra-
tion that those investigating Commissions were first
established, from whose labours, whatever mino;
errors they mwrhiivefaUeh into, much 'Cdlbnial ad-
vantage and improvement has unquestionably pro-
iiieeded. He fitst introduced the preparation of what
were called the " Blue Books," which name is now
even adopted in Parliamentary documents ; and
when in my evidence before the Canada Committee
in 1828 I stated my opinion " that it was expedient
that the most unqusJified publicity sliould be given
both in the Colonies and the mother Country to aH
pecuniary accounts, appropriations, and matters of
finance," I only stated the opinion which l?bad. led to
the adoption of the Blue Book system, which system,
ats far as I have been able to ascertain, has been ap-
proved by the most rigid economists.,,',), J, ^l.^yj^' • ^>
M., Above all, for a daily sedulous discharge of the
peculiar duties of his office as Colonial Secretary, «io
public man who has ever filled that situation has
Ibeeu more remarkable. These may be facts ua-
knlown to the English public, but they are known to
'^li6^6 persons who had opportunities of communica-
ji^n with the late Lord Bathurst ; and, as his friend,
I< akn happy to record them without fear of contra-
•fiction from any quai'ter. ' - \ ;•
irariety
olitical
nistra-
re first
minor
lal ad-
iy pro-
)f what
is now
Li! and
nmittee
pedient
e given
rytoaH
ttere of
i: led tij
system,
►ecn ap-
of the
tary, tio
ion has
LCts un-
nown to
munica-
s friend,
contra-
st >4«K "
iM
4!
/iomv. « fiioii ')I(}fii'ljiJV ^.•l«37/ li'iulw «iioi.tJ5b'i &tuhib
APPENDIX (A.) .^aoiiiiqo
'■/i^i-iaiiciflui ii-iuoioJ.a jriiiJiiJi>i iJiUi-i iJljiiir gjivMl . -
Si'-iiX tn'r/f p.nokshn vnfh^ ' ■ ' "' — ^svnr e?.^)d!i iadi noit
A BliiL (as amended by the Committee) r for uniting the Le^
ffislatures of the "Provinces of Lower and Ujppet- Canada^
'■<n.' • • ' Mor>.9«piiir sml tiiomovoiqnii l)njj sgc^nuV
Wrbrbas in the present situation of the Prpyince? ff Zof^^fv?^ Pnamu*.
Upper CanadayW much with relation tq Great Brif-ain&s (o each
other, a joint Legislature for both the said Provinces would bie
more likely to promote their general security and pr^if^pefity thtui
a separate Legiiilature for each of the sa^d 'Xfrovinces, as at pre-
sent-by '?»w established } , • • • r * j r oror •
Be it therefore enacted by the fiTing's'inosi Excellent Majesty,
by and With'thb advice ahd fciontent of ihe Lords Spiritual and
Tenrporal, and Comihons, in this present PaicUamenti assembled,
wad by the authority of the 3apiie,That so much of an Act passed So much or
U: ^he, tl^irty-first year of the rei^^of his late Mtyesty King c. 3i, m pro-
''f.etir^6 the 'ftiird, intituled,' •< An Act to repeal certain parts orj^ta^fo'*'*"
' .*v Aet passed in the fourteenth year of his Majesty's mgn> p^vinMs^of
" intituled, * An Act for making more effectual provisiou for Uie {wj cLdr-
" 'Government of tb« Province of Quebec in North Americaf^'^^'^^'
" * and to make further provision for the Government of the ddifl
**^^rprovince,''' as provides for the composing and constituting
within each of the said Provinces respecUvelyt a Ltogi)slati,yp
Council an<l Assembly, and for the passing of laws by the Legis-
lative 'Council and Assembly of each Province, shall be and thb
same is beceby repealed, except in so far as the same or ^ny^c^
the provisions thereof, may by this present Act be continKe(At«k
applied to the purposes of the joint Legislature to be constitutf(|l
in manner hereinafter mentioned : Provided also, that ^o muplfi
of an Act passed in the fourteenth year of the reign iorfbis^tm.
late Majesty^ intituled, " An Act for making mora cffedtuaiprd-
*' vision for the Government of the Province of Qticb^ *^)-^!?lt^
" America" as is repealed by the said Act passed in the thirty-
H^l
Mifl'^^
f"
n
b-.>».;iii t,
6 .i> ;.!v \'t!
«i
n<T i9i)i > first fear «fiirff9aid» shall be deemed and taken to be, and shalt
b^^'rrn I remam repealed.
Henceforth And be it further Enacted, That from and ader the passing'
Joint Legisia. of tHis Act^ f '^ " f!>hall be within the said two Provinces, and for
andone'joint the aiitaie joini. e.I/e^slative Council and one Assembly, to
buihPrJ 'be(«(nn]k)8ed auL constituted in manner hereinafter described,)
''"^'' arid winch shall be called " The Legislative Council and Assembly
** «f the Canadas ;" and that within the said Provinces^ or either of
thenij His CM^esty, Hift Heirs or Successors, shall h&ve pdwevj
during^the tontinUance of this Act, by and with the advice and
eohisent-of the said; Legislative Council and Assembly of thei
Conacfof, to maJie; laws fcrir the peace, welfare, and good gor
vernment of the saki Provinces, or either of them, such laws not
being repugnant to this Act, nor to such parts of the said Act
G.^'H.r;)'ji r(ti;>^^ passed in (he thirty-first year aforesaid, as are uot hereby re-
' pealed ; and that all such laws being passed by *hc !<aid Legis*!
lative Council and Assembly, and assented to by His Majesty,
His Heirs or Successors, reassented to in His Majesty's naftie by
the Governor in Chief in, and over the said provinces of iioKrer
end Upper Canada^ or in case of the death or absence of such
Govemor-in>Chief, by the Lieutenant-Governor of the Fnmnc&of
Upper Canada for the time being, or in case of the death or ah^
sence of such Lieutenant Governor^ then by the Lieutemat-GkH
Vemor uf Lower Canada for the time being, w in case there
bhall beilo Lieutenant-Governor at such time resident in the
Province cS Lower Canada, then by the person administering
the govemment thereof for the time being, shall be and fthe same
areMhereby declared to be, by virtue of and ilnderthe auihorityiof
this Act, valid and binding to all intents and purposes whatever
01 xomavoo witiiiu' Uib said two Provinces. n.
Jtlntimfai^ 'And be it further Enacted, That the bresent members of the
latiiveCiinluA
ta«MiitUtof Legislative Councils of Lower and Upper Canada tballt hy
Members of ^#tue of this Act j and without any new or other oommissioas
ciii. ""^ fbr>that purpose, constitute together the Legislative Council of
the CanadaSi which said members shall take precedence in the
tnn%ith inroi joiol Legislative Council according to the date of the instruments
«n<«x-n.| "*''<> 091 'ifhicb they were originally summoned to -the Legislative
M)aii,(Uud 13<iUiicilstof'lfee (wo Provinces respectively; and that it shall ftlso
m
■(('/'»
be lawful for His Majesty^ His Hdrs or Saoeessoni^tfromttilti&td otut Per-
1 . 11. ■ . . , , sons may be
time, by an instrament under his or their sign manila^ to aatho^ ■ummoned.
rize and direct tbi said Govemor-in-Chief^ oiriticitseof^tiiiixltfath (i>'uie9n<>H
or absence^ such taither per sod, and in such otfder rttfepfectivel^ Us -i>|Hi»-K] i.iiot
is hereinbefore directed, to summon to the kaid'XiegislativeCouni'* huotMiuiinu
cil, by an instrument, under a seal to be transmitted by UisMadl '*^ ^oVnuud
jesty to the Oovernor-in-Chief, or under aiiy othel; seal iwbiehithe' '''^"''^
said Governor>in-Ghief shall be by His Majesty directedlo tnsib
for the purposes of this Act, and which shall be ca^Eirdthd Qreai
Seal of the Canodas, and shall be applied only to the purposes
ditected by* this'' AcC, such other person or persoM^a^HiS' Ma-
jesty, His Heirs or Successors, shallthiaki lit| and that every
person who shall be so summoned to the said Legislative Goun¥
oil' shall thereby become a member thereof^' < ; > ^r!::"'".ifr')'i 7311 ('»d'
o-And be it further Enacted, That such persons only shall be Such Persons
sommoAed to the said Legislative Gouikcil, as by th^ said above? summoned "
raentiotafed Act, pasted in the thirty-first year aforesaid, are di* by 310.3.
Ketted to be summoned to the 'Legislative Council of the sal
two Provinces respectively ; and that every member of the said
Legislative Gdunoil shall hold his seat for the same term, and
with the saitnerightsi titles^ hcmours, ranks, dignities, privileges and
inhrmuntties^and subject to the same provisions, conditions, restrie-
tionsj Hmitatiocs and forfritures, and to the same mode of proceed-
ing, for hearing and determining by the said Legislative Council
all questions which shall arise touching the same, as are in the said
Aeti passed in the thirty "fifst year aforesaid, mentioned eil4
comaiw^, with respect to the mombers thereby directed to be
kimtnotied to'the Legislative Council of the two Provinces
respectively. .;M^vt.. '■;/ .loA anf)
And be it further Enacted, That the Oovernur-in^Ghiei^iobiia Gorernorio
case of hii death or absence, such other ' person, and innSUch ra^e^tii*-
order respectively as is hereinbefore directed, shall have pomlcft'^!?u#rit'
Jl,nd authority from time to time, by an instrument 'nhder;i»bcwf!(?!M
Gr6at Seal of the Cunadas^ to constitute, appoint and reftiQif^ '"^"^'.'.n^
the Speaker of the said L^slative Council. ,;i.V)W.t'v> ori)
And be it filu'ther Enacted, That the memberis af ^pt^senl toinj^ Joint Aswm-
posiiig thfc Assemblies of the said two Provinces shall^togetl^!!' of the ^wnt
wittiBdch new. members as slmll or a»y bieMlunifedifciirjAillvdr ^'thl'^to
44
continue ofvthe SAwl Pro«iliccitt<^^^rtti^e(^ely iff manner heriemiftftbr tiieti^
ins.uniaM ^iotwdv^inn and cpnstitMte the Aswaibly of the Canadast and
J^TOd. *' riudl be and continue until the first day of July one thousand
wghthuildsred andtweoty-fiwe, unless sooner dissolved ; and that
iaiease.of a dissdution of the said Assembly, or of vaeancieH
ooeiinring theretni membeifs shall be returned firotft the same
«0ttQtie8 and places, and in the same manner, and in the samt
ntfmbersy except as hereinafter otheryirise provided, as ilow by law
ihrf ard leturncdwithin the two Provinces respectively^oriu hahio-
Aet of Upper j^j^d whercas an Act was passed by the Provincial Legislature
Canada, *
60 0.3. to 0f Jjnper Canada, in the sixtieth year of th)B reign of his said
continiie in '^'^
tot^:,„ ,, late Majesty^ intttaled; V An Act for increasing the Reprfe-
»r..ir-.'fj *■ sentation of the Commons of this Province in the House of
•i,;|;;;*,;V"l" Assembly;" Be it therefore further Enacted, That the said
jl^U^. Act, and all the provisions therein contained, except as herein-
after otherwise provided, shall remain in full force and effect, and
shall be applied to the representation of the said Pirovinee 'Of
■^w,M'r<r:i Upper Canada in the joint Aikisehibly, in like manneir as the
<iiii?>li-'>^ pame were applicable to the representation thereof in the Ab-
"^ ct'ntMo ! wmbly of the said Province of Upper Canada txfore^l^s Adt
s !.i was passed, ({.t •pnilo-iq^oi hue .ybv'uooqam ayjftivoK*! bias oriJ
GoTernorof And be it further Euacted, That it shall and may be lawfipl
da may erect for the Govemor, Lieutenant-Governor, or person administering
ouroft^ "'' the government of the said Province of Lower Canada for the
iWaMpsto ^^^ b«ing, from time to time as he shall judge expedient, fVom
▲HemUy!^" aud oot of that part of the said Province of Lower Canada which
)bie|s been erected into townships since the number of represeH-
t^ives for the said Province was settled by pruclaeaatioo, to form
f^n4 erfPt n^w counties, by instrument or instruments under the
jGirei^^ Sieal of the said Province, each such joew oouuty to con*
• ' SIIILpI ^P^^^^ than six townships ; and that when and so often
MiRRK'^Mcb new county shall be formed and erected as aforesaid^
|^;Q9,v^rnoT, Lieutenant-Goverior, or person administering the
g)9yeri;ii|iieot of the said Province of Lower Canada, shall issue
|ii,^rit fpf the election of one member to serve for the same in
ti\i^ ^s^^mbly ; and that whenaoever the said Governor, Lieu'^
tenant-Governor, or person administering the government ai;
^fiTj^^pM^ 8h^,4e[^m it.pxpediiei^t tbat^oy wiifih new county^ or
,: ■•;.'.>
.V-
. '.
J
'coiavoO
*^
•
•■
45
any county heretofore erected within the said Frovihoir trf' iMuiur «'"'<'»»
dmadOt and at present represented by onlv^one: membei^;BfaaH -"^^^^ ^'ioa
t 11 1 I_ u 11 . 1.1 . iiUvjWMf,
be represented by two members, he shaH an like loanDdriiHto i>9viua
writs for that purpose : Provided always^ that no fsuMivibiOli^df
any counti(S» now erected or to be. hereafter hrccted within dlher
of the said Provincesj except as hereinbefore provided witfairespeet
to the said townships, shall extend or' be construed tm extend <to
increase the number of representatives for snch counties tbPvoi-
vided also, that the number' of r^res^ntatiVea for eadi ProvindC
shall not exceed sixty. , ; v;,j mi<nq na// vjh un ^uovMih.^ ly.i.k "'"';J,,',^„'^^,
And be it further Enacted, *E1iafrBa«bt by ii^iefar'lheiiaEhb^
of representatives of either Prof ince shall beialtered, shair hetie>- number of
after be passed by His M&jesty, by andiwitb^the advice and eoh- wteT^ht
$eut of the said Legislative Council and Asaembly^uDless the ^T^'am!
sune shall have been passed by two-thirds at least of the members houws.
present at the question for the second and tjhird reading of the
same in the said Legislative Council and Assembly respectively;
And be it further Enacted, That all and every the provisions Provisiou
and regulatiiMis respecting the appointment and nomination, Kspecting'
duties, privileges and liabilities of returning officers for either of fem^^nln'*"
the said Provinces respectively, and respecting the eligibility, '""*•
qualification and ^disability of persona to sit as members itt the , „,;') Vr.w,ij
said Assembly;' or to vote' on the election of such inem'beif^, *:','" "''
ahd respecting any oath to be taken by candidates or vototi M "iJtojao
such elections, and respecting all other proceedmgs at such de^ »'T" "^
tions, and respecting the times and placjes of holding such eleiiiP .iurmt^'A
tions, as' aire contained In the> said above-mentioned' Ai^'}:JajSli^
in the thirty-first year aforesaid, Mccptiu so fei'-as'tlie^aid'^tiii
visions and regulations are "hereby in anywise altered, siiiglH
remain and continue \\\ force in both of the-'said'ftivvJriSi^^
and that' ail 'and eV4»ry ^e provisions and regiilatiobs i^s^iin|
(Sie objects Above eniiriK nited, or any of them j which ^t^^^diittiihJld
in any Act or Acts of the provincial Legislattrre»; wbi6h' a!i^PnttU
in force in either of the said Provinces respectively, shialiWiWflai
and continue in force within such' Province, Ox^eptr'i^ the'^^^fi^
are bereby in anyways altered,- tiBtSl otheHKrise provic^' for % Ittii
joint LeMSlature.'* v!oii'^iia<t'ifnb<; ««!>anq io ^lomfjvoO-inBmt
nu And be it forther Enacted, Thtt'Wheif aiii*>k) 'often fc^i^Bfftki-Govetnof
nayiummon al'i^
a new Ai-
•embly.
*».',
ht!6t!t»tity i6 ifUMthdn 4nd cad together a new A&'
^^liibly for the said two Provinces, it shall and may be lawful
for the said Governor-in-Chief, or in case of his death or absence,
thein for such other person, and in such order re^btively as is
hereinbefore directed, by an instrument under the said Great Seal
<if the Canddast to summon and call together the said Assisihbljr
ks hereinafter expressed and provided.
And shall "And be it further Enacted, That Writs for the election of
tortti™. members to serve in the said Assembly shall be issued by the
&i.^**^ Governor, Lieutenant-Governor, or person ddministeriog the
31^87 government of the Province wfthin whith such members shall
< be chosen respectively, in the same manner and directed to the
same officers and returnable within the Saihe period, as in and
by the said Act, made and passed in the thirty-first year albresaid,
' is directed and provided:' '>3"^'o-i4 aiU ui i-iuivM] Jqmioo buB'
Qiiaiiflcation And be it further Enacted, That on the flint general election
bereuiPro- of members for the said Assembly, Which shall take place from
and afler the passing of this Act, ^i&d'on all Subsequent' elebt ions,
whether general or for particular pi aicW, ih cases of vacaficy,
which shall be holden in either of the said Provinces, no person
shall be capable of being eliectdd, who shall not be legally po^
sessed, to his own u6e and b^efi't^ of laiidls' aiid tsnemehts ^ithiii
^one or other of the said Provinces; of ^th^ Va,WB of Five htiiidred
pounds sterling over and above all rents, charges adid in-
TOnim?»°Y«m duoibratices which may affect the saintej sudi lands and fene-
^?^ '^Z 'merits being by him held in freehold; Ifl fi*f,'6r itt'roturei atid
v.^! ''^wc> ^'^hat every candidate at such election, befbre h^ shtill be eap^bfie
''"".A'!rf,'f.* '^<ii*'bdng elected, shall, if reiiuired by'any other candidate, <ir by
OathttftiiMYhi returning officer, take an Oath in the following form, or to
•ffect. the fbllowing effect:—
riiivj w i^ J g^ ^ Swear, That I am legally ahd hoii&fida pos-
sisdmofjit sessed to my Ovra use and benefit, of lattds atid tene-
" meats within the Province of ^' '^^ ^«^^^ ^Q^- Canada, of
■^ofeS '"^"^^ " the viilt^ of ^^^'^^ /^-^ ^'^■'^^«"a. 1 .^it^ing^ overand
uvM^-Zuaa ^^^'^ "*^ ** aboVc all rents, 6fiai^^' aind incumbrances which may
.nHlli wf ^"«^"°'^" affect the same; and that the said lands and tenements
'f'^Xj ^'^^^^ "'" i»"e by me held in freehold, in fief, or in rot • • [mihe
«»i.«rf»«oM 10 ^'^i^'^ c(is€niAfhei\^ii that I have not ttblained the same
perty, to the
value of
£500 ster-
ling.
47
i^.-'f-f'
i«iA W9II /raudulently, for the purpose of eQahling me to^ r^-;
blv/jif "i turned Member to the Assembly of i\\& Cmofiasi wft^
.9.t,i.j^,l'* also that I. am otherwise qualified, accoi;diDg t<),t)M
Kf Kii; vf'** provisions of law, to be elected and returned tp serve m
< .■> t ." a Member thereof.*' ,
Provided alwi»ys,That nothing in this Act contained shall, 1^/^
construed to affect any Act now in force in eitiher pf the saji^
Provinces respectively relating to the qualification (other than
as reqpects property) of any candidate or voter at elections. , ^
And be it further Enacted, That if any person shall know^
in^y and wilfully take a false 09,th respecting his qualification,
either as candidate or voter at any elec^on as aforesaid, and shalj
thereof be lawfully convicted, such person shall be liable to the
pains and penalties by law inflicted on persons guilty of wilful
and corrupt perjury in the Province in which such false oaths
shall have been taken.
. And be it further Enacted, That whenever hereafter any ques-
tiqn shfill arise touching the validity of the election or return of
a^ny person in either Province to serve in the Assembly, such
quiQ^tion shall be tried in the Joint Assembly, according to the
mode of proceeding now established by law in that Province in
IvMlch the disputed election or. return "shall have been made,
until a uniform coi||[;se ojf PRJC^fdfng ^ha^be ^ft'yu?^''*i'!*Mi?^Jfe'^
bpthf Provinces,'. -..,,, n- lj,,r, »,.,. ,,,„, ,,„:r,,,,J .'1!",^
.^nAndinbe it further Enacted, That it shall and may bu lawfijt
vfpr thfr^8aidGovernor-in-Chief,or in case of his death or absenc^,
Ihe^ for such other person, and in such order respectively as^s
,biereinhefi»e directed, if at any time he shall deem it expedient,
to suinn^Dn 9«d authorize, by an instrument under hi^^^and t^d
seal, two members of the executive Council of each Proyij^qfi^jto
sit in every Assembly, with power of debating therein, ^nd with
all other powers, privil^es, and immunities of the members
thereof, except that of voting. -vf ],'),-« -'
And be it further Enacted, That the said Legislative Council
and Assembly shall be called togetlier for the first time at some
period not later than the first day of September, ^e thousand
eight hundred and twenty-fi>ur, and: once aAevw^iTjds in every
twelvecalendar mouths; and that the said Gpv^nor-in>Chief, or
e.'ii7/ 'lOHiti
ir.fq..,|t l.rt
Phmu*
swearing
falsely guilty
of iierjuty.
Triali of con
teitad Eleo.
tiou.
Governor
may summon
Two Mem-
bers of the
Executive
Council of
eacli Province
to the As-
Joint Leai*.
lature to be
summoned
not later than
1st Septem-
ber 1824. and
once every
twelve
Months after-
wards.
m
48
ini ctt«« of his d^ath or dbsence, such other person, and in such
order rcspcotiTely as is hereinbefore directed, shall and may
convene Uie first and every other session of the said Legislative
Council and Assembly, at such places within either Province,
and at such times, under the restrictions aforesaid, as he shall
Jud(^ iftosteondacive to the general convenience, giving due and
silfflcietit notice thereof, and shall have power to prorogue (he
^vJiD.^mc firom tinie to time, atid to dissolve the same by procla^
.beis^i/matton dC-ei.Jhvise, whenever he shall d^em it necessary or
•wc:
,9UUiJ(i.
I
I'M'. • '»!'
Ymh.
Majority of
Votes to
decide.
expedient '
Every (utare And be it Ait*ther EnaeteA^' Tb&t '«<reiry' Aft'sekhblf liereafter t^'
rootinw^fl^ b« sumaaomdanti chosen, shall continue for five years, from the
day of the retHiYn of the writs for choosing the same, and no
longer ; subject, nevertheless, to be sooner prorogued or dissolved
by the said Governor-in'Chief, or in case of his death or absence,
by such other person, and in such order respectively as is here*
inbefbre directed.
And be it further Bnacted* That all questions which shall
avis9 . in the said Legislative Council or Aissentbly, except in
the cases herein otherwise provided, shall be decidied by the
Qu^ocity of voiceaef such membei^s as shall be pt^eeent ; and that
iniatl cases where the 'voices shall be eqtltt^ the Speaker of such
Ootfneil or Assembly thall have a casting voice.
Provided always, and be it further Enacted, That no membeif
8rG.'3,toi>e either of the Legislative Council or AAsetnbly shall b« permitted
t0 <iSit't)P vote therem, until he shall hate taken and subscribed the
oftth ptes^ribed fop that purpose by the said Adt passed in the
tHiirty-fiMt 'year . aforesaid, before a persoa duly authorised td
administer the same, as in and by the said Act i» directed.
RoyatAMfBfMAjwibfST it further Enacted, That atly BiH which shall be
orwttiihridp(UMed<b>f the Legislative Council and Assembly shall be pre-
byli/«u>i f^hMd liivr'H in' Majesty's assent to the said Governor-imChief,
riaiijtna'itV ;<ibl* Ih case of his death or absence, to'such other person, and in
sabltMer'T^^ectlvely, as is hereinbefore directed, who shall,
aittO^d^ tb his discretion, declare or withhold His Majesty's
aii^NNM 'td stteh Bill, or resei^e such Bill for the significatibn of
His Majesty's pleasure thereon, subject always to the same ptp-
, #t<i«oon'><v]ifiotiPfndiragulatldn9 with respect to Bills which may either be
Oatli pre-
■cribedby
49^
:hl Ci!
assented to, or from which His Majesty's assent may be with*<
holden, or which knay be reserved as aforesaid, as the cafw inayi>
be, as in «nr< by the said Act, passed in the thirtynflrsti year*
aforesaid, are contained and enacted with refard tOMSuch. BiUi>
respectively. ; . i ^ ;
> And be it fur^h^r Enacted, That ail lavf s, at^tutes, or ordir^uLawt
• i_ • a slow ID fur09
n^nceR whiphare in force at the time of pMsingtbis Act, within to contiunt.
the said Provinces or either of them, or in any part, thereof henLrl-
respectively, shall; remain andoontinue to be sf.ih* same £»ieff«,Kitored.'"
authority, and effect in each of the said Provinces respectively a«^
if thia Act had not beep, made, ciccept in asifar ^9 Ihe same are
repealed or varied by this Act, or in so far as the same shall opf
mayi be hereafler by virtue of and under tJie authority of this
Act repealed or varied by Hi» Majesty, his Heirs or Successors, by
and with the advice and consent of thjB «aid Legislative Council ,
and Assembly. '■
Mil •ttlttiif.i
CI (/I:
And be it further Enacted, That all rishts, privileges, immitnir i^ivHages
° * o » „f Member!
ties,iaQ<ladvantage»whieb' are at present leguly exercised and to contiiiue.
eiyoyed by t.hei)n<embera of the Assemblies o( Loioer and Upper. "^"^
Cqna^a respectively, shall continue to be exercised and ei^oyedl ^
by^tbem as members of the said Assembly of the Canadas, in aa-
fu^.fmd, as ample a manner as heretofore : Provided alway8,.Tliat
no privilege of the said Legislative Council or of the said A»*^
8^^^, shall e^Aend or be construed to extend to authorise, the
iif^uisonmexit of any of His Majesty's subjects not being menit') 9<f
beia fff the^a^d Legislative Council or of the said Assembly^ort
oflSiqeifa oir seryants of the said bodies respectively, until an Aot< *
bi^ pt^ssed declaratory of ,Ui& righto ^apd .privil^gj^ of the sajdlt
•(f) fl->llll;j
o),6.i> le
.avAat
h'lr.^ o-'f '7(1 hffT ii! .-r .M'rtf..- «) -f) f'iii'u'umhu
bodies in. this respect.
And be it further Snacted, That from and after the passing/of HmeaJbuh
thisi Act, talliwritten proceedings of what nature soever of the PnwM^ui,
8a|(j^^gislalive Council and Assembly, or either of it^em, shftllYetSS?* .
be \n the English language and none other; and that nt Ah^tSfKgtoh
ei^ of the space of fifteen years from and afler the passing of tlHs *'*""'
Act, aU Rebates in the said Lfegislative Council or in tjh4>#ai4s
Assembly, shall be carried on in the English language and UPti^/i
other, .y.^^ 3^-, jj, ^7j(j.«ljj J00i';'iir ,0 ■Jij.!';l1} ■i-,u<'mi<i r'>{ta3i^r»M 8tH
3^i^5l^irhere^<by.the8j|id Act of the Imperial jPftrUattent'.Ofperioiupra.
50
itS^on^ GV^at Britain^ made and passed in the fourteenth year aforesaid,
oif*RomT'not '"*>*"'*^« '* ^^ A** **" mailing more eflTectual provision for the
to bo affected. •' government of the province of Quebec, in North Ameriea,** it
was, amongst other things, declared. That His Majesty's subjects,
professing the religion of the church of Rome^ of and in the said
. Province of Quebec, might have, hold and enjoy the free exercise
of the said religion, subject to the K ing's supremacy as in the
said Act mentioned, end that the cler/gy of the said church might
'^'f^ hold, receive, and enjoy their accustomed dues and rights with
respect to such persons only as should profess the said religion ;
Be it therefore further Enacted and Declared, that nothing in
this Act contained, nor any Act to be passed by the said joint
Legislature, nor any resolution or other proceeding of the said
Legislative Council or Assembly, shall in anywise affect or be
construed to aPect the free exercise of the religion of the Church
of Ruine by His Majesty's subjects professing the same, within
, either of the said Provinces, but the same may continue to be ex-
ercised, and the clergy of the said church and the several curates
of each respective parish of the said Province of Lower
Canada, now performing the clerical duties thereof, or who shall
hereafter, with the approbation and consent of His Majesty,
expressed in writing by the Governor or Lieutenant-Governor,
or persons administering the government of the said Province of
Lower Canada for the time being, be thereto duly collated, ap*
pointed, or inducted, may continue to hold, receive, and enjoy
their accustomed dues and rights in as fiill and ample manner,
to all intents and purposes, as heretofore, and as is provided and
declared by the said last-mentioned Act.
And be it further Enacted, That all the provisions, regulations,
and restrictions made and imposed in and by the said Act,
passed in the thirty-first year aforesaid, with respect to any Act
passed by the "^ . ... ' . . „ . , . \.
joint Legis- or Acts contammg any provisions of the nature therem particu-
larly mentioned and specified, shall and the same are hereby de-
clared to extend and apply to each and every Act which shall
be passed by the said Legislative Council and Assembly, and
which shall contain any provisions of the nature in and by the
-'.i. ; said last-mentioned Acts set forth and specified.
Aeoounto,&e. And be it further Enacted, That all and every the accounts.
ipi
visions of
31 0. 3, to
extend to
Acts to be
returns, papers, and uicumenls, wliich by any Act now in force {,"^,",''11}^ .-
ill either Province are directed to be laid before the Legislature iui[<>i*»«ur«.
thereof respecitvely, shall, under the penalties theiein provided, • a,u>''W
be in like manner transmitted and laid before the Legistbture of ;;,
the CanadaSf during the continuance of such Acts.
And be it further Enacted, That the officers and other persons 8«Urit>sor
receiving salaries or allowances in respect of services rendered by iht l«kUi»*
them in the Legislatures of their respective Provinces, shall con- tluoulm"
tinue to receive such salaries and allowances as here'olore, until p^ji'^^j'^u,
otherwise provided for by any Act which shall be pussed by His ^
Majesty, His Heirs or Successors, with the advice and consent of i
the Legislative Council and Assembly of tlt^e Can£rd(M«
*<i'y"-i .JH -,;if;^ v_tj| inrri ^<|} ')o lynH'^ 'i!i!l,'^'^H'>.-i\ fbi;/' »,
.^*"^i/;j^ .-ill' jj« f'tVMC'y ').{}/;'■ oV^i),.,<fo1fj^^^^^ Hiif A-AUrj'i
•f^^4v»f/iflM villi""" -nl -K<<!)Si/lli(r) t*J^nny;;jrJ,J
|fH[fi« i>rt.»; .-W^osHi ,tit"ii o» '•*^y'!ift<^i>f()rtf jV-^br)!))!^ to',{wnK>i
ft^Ji/fW^i 'jl>i>/|-H {^i^ Mi/<';iif:rtr shish l;rjd feiirH InJiio^iiruiia tlmi^
■M
S
■5i»!j!2{/;r-<^^<^
.»W'
5-2
::'? *!!
■!ji
■;' i
-(ir{ir 7'i''. ifi <•■' .'fiivfiilt rf(,.f vfiK'iii ' ,"i'' i. '■>•■' f-'ii '('.!, '
■'"*U:} tiii dl '^Dfi'i- ' ■' ■''•" ''■ '■
.^, ,,,,,,.,,,,„;, .APPEND IX (B.) dM,.>....
iHiic. in.'i; y'"'."'^'* ^" ""
\>>''''i y t!:l> r. j-ftninf -'-■'!:
Examination of the Right Hon. Robert John Wilmot Horton,
, ' ' '" '' a Member of the Committee. .. '
Query 1. — Are you of opinion that under the Act of 31 Geo. 3,
c. 31, tiie Assembly of Lower Canada were legally entitled to ap-
propriate the duties collecteu under the 14 Geo. 3, c. 88? — I am
of opinion that they vvere not legally enti'iied, for the foilows T.g
reasons : first, there were two Acts passed in the year 1774, relating
to the Government of Canada, the one the 14 Geo. b, c. 83 ; the
other the 14 Geo. 3, c. 88 ; the Act of the 31 G<jo. 3, c. dl,
commonly called the Quebec Act, specificully repeals so much of
the Act of 14 Geo. 3, c. 83, as in any manner re'ates to the ap-
pointment of the Council for the affairs of the ?ai(i Proviivcc of
Quebec, &c. : it appears to me to be conclusive that that partial
repeal involved the continuance in full force of the remainder of
those Acts, the latter of which imposed the duties in question.
Secondly, the 46th clause of the 31 Gee. 3, c. 31, which is
mainly founded on the 18 Geo. 3, c. 12, commonly called the De-
claratory Act, enacts, '• That nothing in this Act contained shall
extend or be construed to extend to prevent oc affect the execu-
tion of any law which hath been or shall at any time be made by
His Majesty, his heirs or successors, and the Pirliament of Grciat
Britain, for establishing regulations or prohibitions, or for im-
posing, levying, or collecting duties for the regulation of naviga-
tion, or for the regulation of the commerce to be carried on between
the said t'vo provinces, or between eitner of the said provinces
and any -.her part of His Majesty's dominions, or between
either of the said provinces and any foreign country or state, or for
appointing and directing the payment ol drawbacks of such du-
ties so imposed, or to give His Majesty, his heirs or successors
■^r'-j-^TTT'.7T-;ff'^'yi»r^T''a%r»;r"TV' .'r^i7]ir^
53
I. .,1
■;'-,Il( '■■'{:
iT HORTON,
31 Geo. 3,
itled to ap-
88 ?— I am
e foilows T.cj
74, relating
c. 83.: the
>. 3, c. 31,
so much of
8 to the ap-
?rovii,ec of
that partial
mainder of
[uestion.
L, which is
lied the De-
tained shall
, the execu-
te made by
nt of Groat
or for im-
[ of navi^a-
on between
1 provinces
ar between
state, or for
of such du-
successors
any power or authority, by and with the advice and consent ot
such Legislative Councils and Assemblies respectively, to vary or •
repeal any snch law or laws, or any part thereof, or in any man-
ner to obstruct the execution thereof." — A reference to the rates
contained in the 14 Geo. 3, c. 88, will show that thty regulate the
commerce to be carried on between the colony and other parts of
the world, according to the phrase employed in the 46th clause :
they impose a duty of3rf. on every gallon of brtindy and other
spirits, of the manufacture of Great Britain ; 6d. for every gallon
of run." or spirits imported from any of His Majesty's sugar colo-
nies in the West Indies ; 9d. for every gallon of rum imported
from 6ther colonies in America ; l-y. for every gallon of foreign
brandy or other spirits, of foreign manufacture, imported or
brought from Great Britain, and so on ; thus presenting a gra-
duated scale of duty, having a refertnce to the commercial inte-
rests of the country. If the Committee will then refer to s. 47, 1
think they will be convinced that it was intended to maintain this
Act in force, and not to repeal it ; the section runs thus — *' Pro-
vided always pnd be it enacted by the authority aforesaid,
that the net produce of all duties which shall be so imposed"
(making no allusior whatever to the duties which have been so
imposed) '* shall at all times hereafter be applied to and for the
use of each of the said provinces respectively, and in such nan-
ner only as shall be directed by any law or laws which may be
made by His Majesty, his heirs or successors, 'by and with the
advice and consent of the Legislative Council and ^"sembly of
such province."
Thirdly, because if rprerence be made to the ca^e of other
colonies which possessed Legislatures at the period of passing
the Declaratory Act, it is perfectly notorious that not a single
year has elapsed since that Declaratory Act was passed, in which
duties have not been levied, and even remitted to this country, ant!
deposited in the Exchequer, which have been raised under British
. lets passeA prior to the Declaratory Act. I beg leave to call the
attention of the Committee to the case of Jamaica. The Coramis-
sionevs of Customs in Jamaica have annually remitted to this coun-
try, duties levied under the following Acts ; I take the schedule as it
apiiears in the year 1822 : duties per Act 25 Ch, 2, 31/. 18.v. 6rf. ,•
E 2
54
ditto, 6 Geo. 2, and 4 Geo. 3, 3255/. 8s. If </. ; if the construc-
tion contended for by the Assembly of Lower Canada be legal, it
is quite clear that all these duties have been illegally transmitted
from the period of the Declaratory Act.
Fourthly, because Colonial Acts which were in force prior to
the Declaratory Act, and which directed the appropriation of
monies other than by the Legislature, have still continued in
force, notwithstanding the Declaratory Act ; this fact appears to
me to afford by analogy a proof in defence of the construction for
which I contend. I would call the attention of the Committee to
the Bahama Act, passed in the 8 Geo. 2, for levying divers
sums of money for the payment of officers' salaries, defraying the
expense of holding Assemblies, and other contingent charges of
Government; not only has this Act been in force since the period
of the Declaratory Act, but the law officers of the Crown gave
an opinion in February 1821, that ascertain suspending Acts had
terminated, under which this Act had been repealed, it must be
considered to have revived, and that His Majesty might apply
the monies levied under it, without the intervention of the House
of Assembly, and without any other specitic appropriation by the
Legislature of the Bahamas. For these reasons I am decidedly
of opinion, that the construction contended for by the Colonial
Assembly of Canada, namely, that they have a legal right to the
appropriation of the revenue raised under the 14 Geo. 3, is a
construction not to be maintained.""' ''"""' ;^"'' ''"^'^ ''' "■'" '
I would now beg further to explain to the Committee, that the
disputes arising between the Executive Government and the As-
sembly, have mainly arisen out of this construction. From the
year 1818 up to the year 182.5, difficulties constantly occurred in
consequence of the maintenance of that opinion by the Assembly ;
but in 1825 an Act was passed during the administration of Sir
Francis Burton, (5 Geo. 3, t. 27,) in which is the following pas-
sage : — " Whereas, by the message of his Excellency the Lieu-
tenant-Governor, bearing date the 18th of February 1825, laid
before both Houses of the Legislature, it appears that the funds
already appropriated by law are not adequate to defray the whole
of the expenses of your Majesty's Civil Government in this pro-
vince, and of the administration of justice and other expenses
55
mentioned in the said message : and whereas it is expedient to
make further provision towards defraying the same," &c. It is
evident here, tiiat the validity of the 14 Geo. 3 is admitted under
the phraseology of this Act, it is admitted that the funds raised
under it are legally appropriated ; and under this Act of the local
government no difnculty whatever existed, except that they prac-
tically reduced the estimate of the charges placed hy the Execu-
tive Government upon the Crown revenue, by diminishing the
proposed grant of 65,002^ l^-. Sd., to a sum not exceeding
61,611/. 7^. llrf., thereby leaving a deficiency of3390L 13*. 9d. ;
this sum of 3390/. I3s. 9d. had reference to certain items spe-
cifically objected to by the Assembly, which items had been
specially charged upon the Crown revenue ; but as the Assembly
voted this sum collectively, and not by items, it was necessarily
left to the discretion of the Lieutenant-Governor to deal with that
deficiency as he might think best. The simple fact being, that
under that Act 3390/. 13«. 9d., deemed to be ' essary for the
public service, as would appear by the Lieutenun Governor's es-
timate, was not voted by the Assembly. With respt'ct to the
manner in which that deficiency was practically met^ the Set > ttary
of ^tate (Lord Bathurst) abolished some of the ofiices included . n
this 3390/., and transferred others to the territorial revenues of
the Crown, over which the Assembly did not so directly, at least,
claim to have any jurisdictioa ; it is perfectly true that, in the
first instance, Lord Bathurst remonstrated against the conduct
of the Lieutenant-Governor in having sanctioned this Act; but
it was under the impression that the words of the Act did not
maintain the integrity of the Crown revenue, and consequently
that it was contrary to the Roya^ instructions. In the succeeding
year 1826, the Assembly, with a view of obviating the construc-
tion of the Act of 1825, as sanctioning the integrity of the Crown
revenue, passed the following resolutions before they commenced
the vote of supply for that year: — " Resolved, first. That the ap-
propriation of any sums of money already levied, or which here-
after may be levied on His Majesty's subjects in this province,
otherwise than such application is or mc^y be directed to be made
by the express provisions of law, is a breach of the privileges of
this House, and subversive of the governmetit of this province as
ill
I
56
imi
established by law. Second, That no law imposing duties or taxes
on His Majesty's subjects in this province, providing funds for
the defraying tlie expenses of His Majesty's Civil Government,
and those of the administration of justice, or of the Legislature
in this province, can be held to confer upon any person a power
or right of applying the monies thence arising, or making a special
appropriation and distribution thceof, without the consent and
authority of the Legislature. Third, That the sums granted
and appropriated fcr any special service should be applied by the
executive power only to defray the expenses of that service, and
that the application of any surplus of funds to uses for which they
were not appropriated is a misapplication of the public money, a
breach of public trust, a violation of the rights and privileges of
this House, and subversive of the government of this province as
established by law. Fourth, that this House vi^ill hold personally
responsible His Majesty's receiver-general of this province, and
every other person or persons concerned, for all monies levied on His
Majesty's subjects in this province, which may have le^-^lly come
into his or their hands, and been paid over ^y him or them, under
any authority whatsoever, unless such payments be or shall be
authorized by an express provision of law." I am not enabled to
state to the Committee whether the bill of 1826 was verbatim the
same as the Act of 1825, be-ause ine bills are not sent over to
this country ; but that bill was amended by the Legislative
Council for the purpose of unequivocally maintaining in its terms
the integrity of the Crown revenue raised under the 14 Geo. 3;
the consequence of that amendment was, that the Assembly re-
fused to proceed with it upon its return from the Upper House,
and the supplies were in consequence not voted. I must not
omit to represent most distinctly to the Committee, first, that the
manner in which the proceeds of the 14 Geo. 3 were disposed of,
were uniformly laid before the Assembly, who had consequently
the power to remonstrate against any of the items mcluded therein,
or, by diminishing the general supply, practically to affect the ap-
propriation of that revenue ; but the Assembly were determined
to do nothing less than contend for the legality of the appropria-
tion of that revenue by themselves, and that construction was
considered as one to which His Majesty's Government, con-
OT^TvrPTVy-m T^*' T**/ ■ -
F^
57
sistently with the maintenance of the interests of the Crown, ,
could not consent, i -t.r. .,,,i >•.( ^ -,:. Wn* ^'vi ".!,;»/ .p. nc
I have thus endeavoured to afford accurate information to the
Committee upon this point, and beg to remind them that there
never was un indisposition to give the Assembly the absolute ap- ,
propriation of this revenue, provided they would consent to vote ,
*'..ti existing Civil List for a term of years, or ibr the period of .
the King's life ; and it was considered in the state of collision of
feeling between the Assembly, as those reprosenting the French,
interest, and the Legislative Council as representing the English
interest, that if the Civil Government Wt.. dependent annually i ,
upon a vote of the Legislature for its support, there was little
chance of the public service being carried on in that colony. It
appears to me impossible for any person to form a just view of
the case in dispute between the Colony and the Executive
Government, without ascertaining whether the charges which
were made by the Executive Government upon the Crown
revenue, were such as ought, or ought not, in fairness to have
received the sanction and approbation of the Colonial Assembly.
Query 2. — On what ground is it stated that in the 11 years that
elapsed between 1773 and 1784 the English law prevailed in the
townships of Lower Canada ? — A Royal Proclamation was issued
in 1763, of which the preamble was in the following words : —
" Whereas We have taken into Our royal consideration the ex-
tensive and valuable acquisitions in America, secured to our
Crown by the late detinitive treaty of peace, concluded at Paris,
the 10th day of February last; and being desirous that all our
loving subjects, as well of our kingdoms as of our colonies in <
America, may avail themselves with all convenient speed of the
great ^ ^neflts and advantages which must accrue therefrom to ^
their commerce, manufactures, and navigation, we have thought .
fit to issue this our royal proclamation." In the body of the
proclamation there is the following passage : — " And whereas it
will greatly contribute to the speedy settling our said new go- ,
vernments, that our loving subjects should be informed of our
paternal care tor the security of the liberty and properties of those
who are and shall become inhabitants thereof, we have thought
fit to publish and declare by this our proclamation, that we
M
58
h'
'i'r-
hi/v
.■.(it
have in the letters patent under uur great seal or Great Britain,
by which the said governments are constituted, given express
power and direction to our governors of our said colonies
respectively, that so soon as the state and circumstances of the
said colonies will aomit thereof, they shall, with the advice and
consent of the members of our Council, summon and call ge-
neral asseuiblies within the said governments respectKrely, in
such manner and form as is used and directed in those colonies
and provinces in America which are under our immediate govern-
ment; and we have also given power to the said governors,
with the consent of our said Councils and the Representatives of
the people so to be summoned as aforesaid, to make, constitute,
and ordain laws, statutes, and ordinances for the public peace,
welfare, and good government of our said colonies, and of the people
and inhabitants thereof, as near as may be agreeable to the laws
of England^ and under such regulations and restrictions as are
usedin other colonies ; and in the mean time, and until such assem-
blies can be called as aforesaid, ail persons inliabiting in, or re-
sorting to, our said colonies, may confide in our royal protection
for the enjoyment of the benefit of the laws of our realm of
England ; for which purpose we have given power under our great
seal to the governors of our said colonies respectively, to erect
and constitute, with the advice of our said Councils respectively,
courts of judicature and public justice within our said colonies,
for the hearing anu determining all causes as well criminal as civile
according to law and equity, and as near as may be agreeable to
the laws of England, with liberty to all persons who may think
themselves aggrieved by the sentence of such courts, in all civil
cases, to appeal, under the usual limitations and restrictions, to
us in our Privy Council.''
'^'"/^QMery 3. — In what respect do succeeding Acts of Parliament
' affect the proclamation of 1763 ?— The Act of the 14 Geo. 3, c 83,
was intituled, " An Act for the making more effectual provision
' for the Goverment of the Province of Quebec in North America."
Under the 4ih clause of that Act all former provisions made for
"that province were to be null and void after the 1st of May,
1775; and with reference to the proclamation of 1763, that
clause proceeds as follows : — " And whereas the provisions made
3'
59
by the said proclamation in respect to the civil government of the
said province of Quebec, &c. &c., have been found upon experi-
ence to be inapplicable to the state and circumstances of the said
province, &c. &c. ; Be it Enacted, That the said proclamation,
so far as the same relates to the said province of Quebec, and the
commission under the authority whereof the government of the
suid province is at present administered, and alt ordinance and
ordinances, &c. &c., and all commissions, &c. &c., be hereby re-
voked, annulled, and made void.*' The clauses of the Act, from
four to nine, contain provisions affecting the French Canadians ;
and then the ninth clause is as follows : — *' Provided always.that
nothing in this Act contained shall extend or be construed to ex-
tenfl to any lands that have been granted by His Majesty or shall
hereafter be granted by His Majesty, his heirs and successor^,
to be holden in free and common soccage." It appears to me,
therefore, that as far as affects the English population resident
in the townships, the proclamation of 1763 was to be in full
force as respected them. In the Act of the 31 Geo. 3, c. 31,
commonly called the Quebec Act, the Act of the 14 Geo. 3,
c. 83, just quoted, was only repealed as far as relates to the ap-
pointment of a council for Quebec, consequently the rest of its
provisions must be considered to remain in force ; and the 43rd
clause of that Act is as follows : — " And be it further enacted
by the authority aforesaid, that all lands which shall be hereafter
granted within the said province of Upper Canada shall be
granted in frt.e and common soccage in like manner as lands
are now holden in free and common soccage in that part of
Great Britain called England ; and that in every case where
lands shall be hereafter granted within the said province of
Lower Canada, and where the grantee thereof shall desire the
same to be granted in free and common soccage, Ihe same shall
be so granted." The concluding part of this clause provides for
any alteration to be made by local laws in the Canadas, and
proceeds as follows : — " But subject nevertheless to such altera-
tions with respect to the nature and consequences of such teaure
of free and common soccage as may be established by a,ny law
dr laws which may be made by His Majesty, his heirs or i^uc-
60
cessors, by and with the advice and consent of the Legislative
Council and Assembly of the Province." The next reference to
this subject which appears in legislation is in the eighth clause
of the 6 Geo. 4, c. 69, commonly called the Canada Tenures
Act, which declares that lands holden in free and common aoc-
cage in Lower Canada are to be subject to the laws of England,
as it appears to me in the strictest accordance with the 43rd clause
of the 31st of the late King, when that clause is taken with re-
ference to preceding legislation ; which clause as already cited
provides absolutely that grants in Upper Canada shall be made
in free and common soccage ; but . with respect to Lower
Canada, there was a power to the Local Legislature to modify
that enactment if it should be deemed expedient by the Legisla-
ture and by the Crown.
Query 4. — What is the substance of the Act which has provided
for an increase in the number of representatives in the Legislative
Assembly of Upper Canada? — The preamble of this Act, passed
7th of March, 1820, is to the following effect : — '* Whereas from
the rapid increase of the population of this province, the repre-
sentation thereof in the Commons House of Assembly is deemed
too limited, so much of the several laws now in force as regulate
the nuniber of representatives to serve in the Provincial Parlia-
ment are repealed." It then proceeds to enact that counties
containing 1000 inhabitants should be represented by one
member ; when they contained 4000 inhabitants, by two mem-
bers; that certain towns, when they contained 1000 souls, should
be represented by one member ; that the population should be
ascertained by the returns of the several town-clerks ; that when-
ever a university should be established in the province, it sliould
be represented by one member. The Governor to issue writs of
election, as provided by the Sist of the late King. The Act
not to lessen the number of any members now returned for any
county, nor to make it necessary to issue any new writs of elec-
tion on account of any increase of inhabitants since the last elec-
tion. Counties containing less than 1000 souls to be attached
to the next adjoining county, having the smallest number of in-
habitants. No person qualified to vote in a town to be allowed
6])
»
to vote for a county in respect of the same property. Inhabitants
of towns sending a member, not to be included among the in"
habitants of counties, for the purposes of this Act.
Query 5. — What was the substance of the bill for uniting the
Legislatures of the provinces of Upper and Lower Canada, which
was brought in and withdrawn in the session of 1822? — So much
of the 31 Geo. 3, c. 31, was repealed, as provides a Legislature
for each of the provinces, of Upper and Lower Canada, henceforth
to be onejoint legislative Council, and one joint Assembly for both
provinces. The joint Legislative Council was to consist of the
existing members of bdth Councils, with a power for His
Majesty from time to time to summon such other persons or
person as His Majesty, his heirs and successors, should think fit.
Such summons to be carried into elTect under the enactment of
the 31 Geo. 3. The Governor was to have the power of ap-
pointing and removing the speaker of the Legislative Council ;
the joint Assembly was to consist of me present members of the
assemblies of Upper and Lower Canada, and to continue till the
1st of July, 1824, unless sooner dissolved. The Act of Upper
Canada of the 6 Geo. 4 was to continue in force, and to be
applied, subject to any alteration in the Union Bill, to the
representation of the said province of Upper Canada in the joint
Assembly, in like manner as it had been applicable to the special
representation of Upper Canada prior to the passing of the Act.
The Governor of Lower Canada was authorized to erect new
counties out of the townships, such counties to be represented in
the Assembly, or ^ny old county now returning one member to
be represented by two members. It was provided at the same
time that no subdivision of any counties now erected, or to be
hereafler erected within either of the said provinces, except as
hereinbefore provided with respect to the townships, shall extend
or be construed to extend to increase the number of representa-
tives for such counties. It was also provided that the number
of representatives for each province should not exceed 60. No
Act to alter the number of representatives was to be passed
unless sanctioned by a majority of two-thirds of the Legislative
Assembly, as well as the Legislative Council. The provisions
of the 31 Geo. 3, respecting elections, were to remain in force.
... f
' T
!'H-
62
li„t ..l!
..)>
The quulifictttion for a member was to be of the value of 500/.
sterling of real property, and an oath was prescribed to ensure
that qualification, and persons swearing falsely to be guilty of
perjury. The trials of contested elections were to be the same
as under the 31st of the King. The Governor was to have the
power of summoning two members of the Executive Council
in each province to the Assembly, who were to sit with power
of debating therein, and with nil other powers and privileges
and immunities, except that of voting. The united Legislature
was to meet once in every twelve months, and to continue for
five years, till the period of a general election : majority of votes
to decide. The oaths prescribed by the 31 Geo. 3, for the
members of the Council and Assembly, to be taken ; the decla-
ration of the Royal Assent to be regulated by the enactments
of the 31 Geo. 3; all laws in force at the time of the passing
of the Act within the said provinces, or either of them, or any
part thereof, to be unchanged, and the privileges of members to
continue precisely the same. It was further enacted, that from the
period of the passing of this Act all written proceedings whatever
should be in the English language, and at the end of 15 years
after the passing of the Act, all debates in either House to be
carried on in English, and in no other language ; that nothing
in this Act, nor any act to be passed by the joint Legislature, nor
any resolution or other proceeding of the Legislative Council or
Assembly, was to affect or be construed to affect the free exercise
of the religion of the Church of Rome, or to prejudice such
accustomed dues and rights as the clergy of the said church
might hold, receive, and enjoy, subject to the King's supremacy
as recognised in the Act of the 31 Geo. 3, and the clergy
and curates now performing clerical duties, or who hereafter,
with the approbation and consent of His Majesty, expressed in
writing by the Governor, &c., should be duly collated, appointed,
or inducted to any parish, were to continue to hold, receive, and
enjoy their accustomv°d fees and rights as fully as they were
entitled to do under the Act of the 31st of the King. All the
remaining provisions of the Act of the 3l8t of the King were to
be in force. ..i; f^.,- Ui rmi^'\i:>aiii-
Query 6.— Were the objections that were made to that bill
I
63
chi(>fly to the principles of the bill, or to any part of the details ?
— There were objections made from both the Canadas, but more
especially from Lower Canada, against the principles of the bill ;
there were also objections' made to some of the details. 1 ' ' '
Query 7. — Will you have the goodness to point out tb the
Committee what parts were objected to ? —It was objected that the
principle prescribed for the representation would necessarily give a
greater proportion of representatives to Upper Canada, inasmnch
as the Act for increasing the representation of the commons of
that province, according to the scale of population, was to be still
in force ; whereas no Act existed in Lower Canada to the same
effect; consequently the enactment of any legislation to that
effect in Lower Canada would depend upon the united sanction
of the two Assemblies afler the period of union. There was an
objection also made to the qualifications, and to the introduction
of two members of the Executive Council, as debaters and not
as voters; but the enactment which prescribed that all written
proceedings were immediately to be in the English language,
and that af^er 15 years all debates were to be in English, was
considered as affording a pretty conclusive indication that it was
intended progressively to render the united province English as
to its institutions.
Query 8.— Have you any observation to make upon that pro-
vision of the bill? — It is impossible to deny that the intention of
that bill was to realize the expression employed by Mr. Pitt in 1791,
namely to assimilate the Canadians to the language, manners,
habits, and above all the laws and institutions of Great Britain. ' ,
Query 9. — Did not Mr. Pitt accompany that declaration l)y say-
ing that he only looked forward to such an assimilation taking place,
if it could take place with the free will of the French Canadians,
and was not the very ground on which he separated the colony
into two provinces in order to ensure the French Canadians from
the possibility of the Government attempting to produce such an
assimilation without their entire assent and concurrence ? — ^The
Union Bill was considered to be necessary in consequence of th6
inherent defects in the bill of 1791, which placed the two pro-
vinces in a state of perpetual collision, from which no escape was
anticipated at that time, except through the medium of a legisla-
♦ il 1
^64
tive union, and consequently, whatever abntract objections there
might have been to that measure, it was considered as one of per-
manent public necessity. .... t>- '■ < '"' . ir. min
, Query 10. — But the Committee are not to understand that you
represent Mr. Pitt as having desired to assimilate the laws and
habits of the two populations in Canada upon any other ground
than the entire concurrence of the French population in such
assimilation? — I only mean to imply that Mr. Pitt contemplated
from the legislation of 1791 that such assimilation would take
place. I think the Union Bill of 1822 was defective in not more
explicitly securing the rig'hts, privileges, immunities and ad-
vantages enjoyed by the French population under their own
laws, and making such laws so far permanent as to be incapable
of repeal by the operation of this united Legislature. >>'> •<,- •<
Query 11. — ^Do you think that any bill could now be framed, the
object of which should be uniting the two provinces, which could be
made free from objection by the inhabitants of both provinces ? —
I am satisfied that no bill could be made which would be free from
objection, but I am convinced that that bill of 1822 might be so
materially improved as to remove a great part of the objections
which were not unjustly preferred against it, and I do not myself
see any alternative between the proposition of transferring to the
province of Upper Canada a port which shall enable her to main-
tain her communication with the sea, and thereby effect her in-
dependeneeofthe Lower Province, with respect to revenue arising
from duties on goods imported seawards, or, on the other hand,
the carrying into ejBTect the provisions of a legislative union.
Query 12. — Could a port be given to Upper Canada by any
other means than by annexing Montreal to that i)rovinee P —
I am not aware of any other geographical facility of accomplish-
ing that object. r!*4T f"r(?'iVin ?<■.•*'> • ■5t tl)f*!«,'if; iT.*.i .t ilivt- ■'t-'i -r •»
,- Query \3. — Do you think that the objections to ihe latter
arrangement on the part of the Lower Canadians would not be
almost as strong as to an incorporating union of the two provinces?
— I entertain no doubt that very strong objections would be made
bytjde Lower Canadians against such a proposal, but £ repeat, that
under the relative circumstances of the iwd' provinces, 'and the
bounden duty of the mother country' to act justly between them,
65
t
I do not myself perceive any other than thene alternatives. 1
cannot, however, avoid remarking, that nhould considerations of
mutual defence, and a sense of common interest, create a gprowinp^
opinion in favour of a legislative union in the two provinces, there
does not appear to me to be any conclusive mode of adjusting
their interests, with respect to the appropriation of their common
revenue, other than by an identification of interests, involved in
v'he measure of union ; but, at the same time, of a union which
should guarantee to the French population their laws and insti-
tutions in the seigneuries, to the extent of preventing the com-
bined Legislature from voting away those laws and institutions,
and at the same time should reserve space enou<>;h in the unsettled
part of the province, so us to allow the French population
to spread itself within the sphere of the operation of French law.
Query 14. — Can the difficulty which arises in adjusting, collect-
ing, and distributing the customs revenue of goods imported into
the St. Lawrence, in your opinion, be better provided for than by
the provisions which are contained in the Canada Trade Act? —
1 do not imagine that, under the presents 'rcumstances of the two
provinces, any moi^e can be suggested more likely to accomplish
this object than that which is prescribed under the provisions of
that Act, r«j '/' V It ill in ijuvi ;iji< j ^it.) 1' )-j//i.'»ij iivuiin It'll;, /If,', ■X}'-
Query 15. — Several witnesses have stated to the Committee
that, in their opinion, a system of duty and drawback might be
adopted, and that a system of warehousing, in Lower Canada,
goods which should be ailerwards imported into Upper Canada and
pay duty there might be adopted, and that either of them would
be preferable to the course which has been enacted by law ; were
those modes under the consideration of the Colonial Department
at the time that that measure was decided upon ?-^A variety of
suggestionsiwere made to the Colonial Department at that period^
and it was found then, as I believe it will be found now, that the
Lower Canadians were disposed to think thai those facilit'.es
might exist, and that the Upper Canadians were almost unaiii-
mousiy of a contrary opinion. ■ n ^v r., . i
Query 16. — Mr. EUice in his evidence alludes to certaiii ob-
structions which prevented the provisions of the Act called the
Catiada Tenures Act from being carried into effect, and he refers
.■■•p-^™* "V*^ .
■^jr»^'TT-j»r*J, V'
G6
to instructions which were sent to the local government lo carry
into effect the provisions of the Act of 1822 ; can you inform the
Committee of the nature of those instructions ?— Ths Executive
Council considered the question only in the abstract, and simply
with reference to an equitable valuation of the rights of thj Crown,
which the seigneurs might wish to redeem ; but the great object of
the clause was, not only to relieve the seigneurs from the feudal
dues payable to the Crown, but abo to enable them to free their
censitaires, or sub-tenants^ and thereby to introduce generally a
system of tenure more favourable to agriculture and to the general
improvement of the. province. Lord Dalhousie was therefore
instructed to give every encouragement to the seigneurs to free
those who hold under them, and to make it known that in the
event of any seigneur distinctly engaging to free his censitaire on
a principle of -equitable composition whenever any of them may
demand it, the Crown will in that instance free the seigneur at
the rate of live per cent., oc ii^ Qther wordst oneriwentieth instead
ofone-fiflhofthevalue. ; >; 1 ^iC ir ^ . !; 1,;;' ,,
Query 11. — The Committee have been informed that a la r^e
portion ofthe land in Lower Canada has been granted in such large
masses to persons who are not resident, and can hardly be found ;
have the goodness to state what, in your opinion, would be the
best mod'.' of removing the difficulties which now retard the cuUi-
vation of those lands ? — I should be prepared to concur with Mr.
EUice in opinion, that if a taxation of the waste lands could be
carried into effect, it might he as convenient a mode of remedy-
ing that defect as the remedy of escheats ; but, at the same time,
I do not at all concur with Mr. Ellice in his opinion ofthe prac-
tical difficulties of carrying a practical system of escheat into
effect. It has been practically carried into effect in New Bruns-
wick to the extent of a million of acres ; and I see no reason why,
under proper regulations, it might not he equally carried into
effect in Lower Canada. It would be necessary for this purpose
that time should be given to enable parties to execute those stipu-
lations of settlement duty, which hitherto they have omitted to
execute ; as it would be unfair to visit upon them suddenly the
consequences of that omission which has been tacitly submitted
to by the Executive Government. There is one mode by which
:: !
67
this principle of ^hSftt may be carried into effect, which is, the
forfeiting a certain portion of the land itself to the Governiiient
as a penalty for non-improvement, such forfeiture to take place
periodically until the whole would be forfeited, supposing the
party not to carry the stipulated improvements into effect. In-
structions were sent out from Lord Bathurst , of the date of
1826, for the purpose of forming a commission of escheat,
and of considering the best practical remedy of applying the
principle ; but nothing is more certain than that, unless some
practical remedy be supplied, either of taxation or of escheat, the
granted lands, which are now in a state of waste in Lower Canada,
must effectually prevent all improvements upon an extended
scale in that province.
Query 18. — ^Would the operation of a tax on land remaining
waste conflict in any way with the system of escheat that is directed
to be carried into operation? — I should think the principle of
escheat might be carried into effect by the Crown simultaneously
with any tax which the Legislature might impose upon unculti-
vated land. Lord Dalhonsie states, in a letter addressed to Lord
Bathurst, of the 5th of April 1825, that with respect to escheat and
forfeiture of grants of land for non-performance of conditions of set^
tlement stipulated in the letters patent, he has to observe, that of
two and a half millions of acres granted in this manner in Lower
Canada, not less than seven-eighths remain uncultivated, and
therefore liable to resumption by the Crown. It is supposed that
six millions of acres held under seigneural tenure are under similar
predicament, but with respect to this desci ption of lands it is
doubtful how far the Crown will have a right to resume them if
the proposed conversion of tenure should take place to any extent.
Lord Dalhousie adverts to the expediency as well as the right of
recovering such immense tracts of land for the settlement of emi-
grants. He adds, the obsolete course of proceeding which the
ancient law of Canada points out for the resumption, both of
soccage and seigneural lands, is so incumbered with difficulties/
and so inapplicable to the present state of the province, particu-
larly with regard to grants in the townships, that it is next to
impossible for the Crown to resume its just rights. In conse-
quence of this suggestion of Lord Dalhousie^ that clause was
'
.
I
m
: «■•!■!
i
'^■^H
''
68
•introduced into the Canada Tenures Act which provides for the
•'formationof courts of escheat. I'Hji'Uhii jwu^j i. .i^.i iu u ni
'"^ Query 19.-^What steps have been taken by the Colonial Office
"tfl( temedy this evil ?— In thcGth Geo. IV. c. 56, commonly called
the Canada Tenures Act, the 10th clause provides, that courts of
escheat shall be constituted in the province of Lower Canada to
tfy forfeitures of uncultivated lands liable to escheat to the Crown.
' "In the year 1826, Lord Bathurst sent instructions to Lord Dal-
housie to appoint one of the inferior judges to act as commis-
sioner of the court of escheats under the clause of the Act of
Parliament. Lord Dalhousie replied, that the judge had not time
to execute the duties, and that some other person must be ap-
' pointed, upon which Mr. Huskisson wrote out instructions to
him, authorizing him to appoint a person competent to perform
the duty. It is to be recollected that no fund whatever exists,
unless voted by Parliament, for carrying into effect this principle
of esuheat. The difficulties attached to carrying into effect a
satisfactory principle of escheat were considered so great, that
when Colonel Cockburn was sent out inspector and commis-
sioner, he received separate instructions to communicate with the
governors of all our North American Colonies, and especially
with Lord Dalhousie, for the purpose of reporting to.theGovern-
^' ment at home the best practical method of carrying the system of
'^'escheat into effect at the earliest possible period. I beg to ex-
press my opinion, that unless a system of escheat be carried com-
'' 'jfi^letely into effect, there can be no possible improvement for those
' <k)Ionies, and that I have every reason to believe that the informa-
' tion in the hands of Government is such as will enable them
at an early period to execute such a system. • •!!] ';» i'.*h*
•i'<i" Query 20. — Is the system upon which land is now granted in
' Canada such as to prevent the probability of a recurrence of this
' ihcibnvenience ? — Entirely ; but a statement of the system upon
which it is granted may be given in to the Committee. The sys-
^ ''^em Upon which it is now granted is, it is granted precisely in pro-
^ i portion to the capital which the individual has to lay out upon it.
3fiJ i Query 21. — Is adequate security insisted upon for the expendi-
'^^ Itire of capital upon the land ? — I consider that such security is
^'^ihvolved in the prescribed regulations.
it till JiJ,'^iiti A ^ili»>c»',^n4
09
Query 22. — ^The Committee were informed by Mr. Eiiice, that
he had found great difficulty in effecting a commntationQf the
tenure of his land from seigneury into free and common tioccage,
under the provisions of the Act for that purpose ; will you state in
what mode the difficulties may be removed ?-^The first arrait|>.e-
ment that was made by Government, with respect to the change
of the tenure from the feudal tenure to free and common soccage
only, provided for the release of the immediate tenant under the
Crown. The consequence was, that the purposes of that change
of tenure were not carried into effect. The seigneur became
released from his engagement to the Crown, but was not com-
pellable to release his sub-tenant from similar engagements.
The Canada Tenures Act provided, that in cases where the
Crown thought fit to remit its rights to the seigneur for a consi-
deration of five per cent, on the estimated value, that the seigneur
on his part should be compelled by law to submit to arbitration
as between himself and his sub-tenant, so that the sub-tenant
could claim from him the same change which he had effected in
his own case with the Crown. > :. // af!: •■,? r.' > !««..(.»:? «. i.<^f
Query 23. — What are the difficulties which prevent that ar-
rangement being carried into effect ?< — I consider the difficulties
that interpose u\nm that point are the entire indisposition of the
French population to avail themselves of this permission, and in
point of fact it is a permission which is only available on the
part of the English*;* \:> nf',m>i -.t »-.'.tl,M. i .il? ,uoif,!(j,i ^/ui ^-A-^-in
But Mr. Ellice, who was very anxious to avail himself of it, found
so many difficulties in his way, that he was obliged to give it up ;
and one of the difficulties that he states is, the very large fine of
one- fifth of the value demanded by the Crown; — The original
claim of the Crown was one-fifth, but the Crown, in consi-
deration of the advantage which was expected to accrue from a
change of tenure, remitted that one-fifth or 20 per cent, for five
per cent.
Query 24. — Do you think it advisable, seeing the difficulties that
still exists, tor the Crown to contract its demands still more?-— If
the seigneur would contract his demands upon his sub-tenant at the
same time that the Crown contract its demands with respect to
himself, I might be disposed to answer that I think it would be
very desirable ; but 1 do not understand upon what principle of
F 2
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70
fairness it is, that while the Crown on the one hand is to release
the seigneur, the seigneur is to maintain his full rights with respect
to his sub-tenant. It was considered at the time, by all the
information which could be obtained by Government, that a
much greater sacrifice was made by the Crown to the seigneur
than the seigneur made to his sub-tenant ; and it did not follow,
that supposing the Crown had remitted altogether its demand,
that that would have facilitated in any degree the conversion of the
tenure on the part of the seigneur with respect to his sub-tenant.
Query 25. — Do you think it advisable for the Crown still to
contract its demands in order to facilitate the improvement of the
colony by the change of tenure ? — If it were proved by presump*
tive evidence that the ettect of a contraction of the demands of
the Crown would be practically to effect the release of this sort of
property, in that case I should say that it would be worth while
for the Crown to make a sacrifice ; but it was considered that the
arrangement was as fair and equitable, and aa likely to produce
the effect, as any arrangement could be : it is impossible not to
perceive that if this change of tenure were to take place extea7
sively in the seigneuries, and the consequence of it were to be to
introduce the English law into those lands of which the tenure
was commuted, it would produce a great deal of confusion in
having property intermixed alternately as it were, and haviqg ,$k
different law applied to it. ^- ,j* ?-,- rf rnrlMW fif» nn "'^
. .Query 26. —Do you think that any instructions could be given
to make this change of tenure more practicable ?r-*I certainly am
not aware that instructions could be given to make it more prac-
ticable.
Query 27. — Could the Act be so amended as to facilitate, the
exchange ? — I have only to repeat, that I consider that the advanr*
tage of this permission will only be taken by the English poB-«
sessors of property within the seigneuries ; and I do not imagine>
that any greater facilities can be given than what are now given
under the instnictions, as combined with the provisions of the Act.
Query. 2S. — Mr. Ellice mentioned that an English receiver is
appointed for the province, insufficient security being taken in
England; what regulations do you think may be applied ta
remedy this for the future ? — The appointment of the receiver
rests exclusively with the Treasury, and consequently I have no
71
:
detailed knowledge upon the subject, which would enable me to
give any specific suggestions upon it. At the same time, I
would observe that, in my opinion, it is expedient that the most
unqualified publicity should be given, both in the colonies and in
the mother country, to all pecuniary accounts, appropriations,
and matters of finance. If this principle be fairly acted upon,
it will, in my judgment, efiectually prevent for the future all
serious difficulty upon such subjects.
Query 29. — Mr. Ellice stated that the Governor of Lower
Canada has been instructed to remedy the difficulty arising from
the Assembly not voting supplies by his own warrants on the re-
ceiver, to whom the taxes are paid, under the provisions of the
Canada Trade Act ; have you any information to give the Com-
mittee upon that point? — ^The Governor did not receive instruc-
tions to appropriate any duties received under the Canada Trade
Act ; but under the emergency in which he has been not un-
frequently placed, from the total cessation of all supplies, to carry
on the government of the colony, he has drawn upon the unappro-
priated revenue, and such a proceeding is necessarily to be justified
only from the 'extreme difficulty and embarrassment of his situa-
tion ; the discretion which he has been compelled to exercise on
such occasions has received the sanction of the Secretaries of
State.
Query 30. — Will you huve the goodness to state to the Com-
mittee, the circumstances chat attended the introduction of the
Alien Bill ? — ^The object of the Upper Province, in desiring that
the Alien Bill should be passed, was for the purpose of enabling
aliens (in the strict sense of the term) to sit in the Legislature, aad
of quieting titles; no person could be legally entitled to the pos-
session of land who was not a natural born subject, or who had
not taken the oath of anep;iance, and there were a great many
persons who were not qualified under those restrictions. 8io-,fi> ;
Query 31. — Are you aware what proportion of the population
of Upper Canada were so situated ? A very considerable propor-
tion of the population of Upper Canada were subject to this
restriction ; and it was necessary to have an Act passed in this,
country, in the first instance, to give effect to any local Act that
might be passed in the province for remedying this inconvenience
respecting elections. J/.' v.^ ;••:;.;.;« .!.k .w.-. ^.^•j..^\:.Xi. ^\i':.t
I
i
7S
With respect td the provisions of the local Act, which the
Ij'eutenant-Governor in Upper Canada was direcied to have in-
troduced into the Assembly, its provisions were framed with the
anxious desire to produce a measure of entire conciliation ; and
with respect to the conduct of the Colonial Department, it is ne-
cessary to mention that these instructions, which Lord Bathurst
sent out to the colony for the passing of a local Bill, and which
excited dissatisfaction, were regulations which had received the ■
approbation of a member of the Legislature, who was over in this '
country more or less in the character of an agent for the province, '
with respect to certain grievances complained of. When those '
objections which were unexpectedly found to exist in the Legis-
lature were made known to the Colonial Department, Lord Oode- -
rich sent out for instructions, upon which a bill was brought in, ■
which has finally settled the question. ^»^'^^" ^'''' ''«'' « '**'>^ r'^^df >
Query 32. — Were there any essential differences between the bill '
as proposed by Lord Bathurst, and that which was proposed by '
Lord Goderich, and accepted in Canada ? — Undoubtedly ; the
principal distinction was this, that by the bill suggested by Lord
Bathurst, all parties, however long they might have been resident,
were required to resort to the same means of establishing their
titles as those who were comparatively late residents ; and the
distinction taken by Lord Goderich was to put a limitation to the
time for which this was necessary, and to consider possession prior
to the year 1820 as itself constituting a title ; but I repeat that
it was not expected that any reclamation would have been made
by the province against the absence of such limitation, or against
the appointment of a registry, which was also made a subject of
complaint.
Query 33. — Do not you consider the Colonial Office as re-
sponsible for any line of policy long continued by any Governor
. of a colony ? — Undoubtedly ; in cases which can I^e characterized
as involving a line of policy." '"""""^''*'"^ ■♦"' ^'' V^f^t^m nvtmi)
Query 34. — With a view to judge what measures should be
adopted by the Government, is it not necessary that the Colonial
Office should be well aware of everything which passes between the
Assembly of the province and the Governor ? — It certainly is ; and
for that purpose the Journals of the Asser^bly are transmitted,
accompanied by such comments as the Governor may think right
I
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73
to add ; but it does not follow that bills rejected by the Legislative
Council should necessarily be made matter of observation,' '''
Query 3b. — Are the measures that have been talfen for disl'-
posing of the crown reserves such as in your opinion are likely W^*
effect the object that is desired? — I differ very much in opinlbH"'
from Mr. Ellice with respect to the course that has been taken b;^ '''
the Government for disposing of the crown and clergy reserves to '
the Canada Company ; he states that *' an attempt was made by '^
the Government to dispose of all this property to the Can^d^^
Company, but the church, always careful of iheir interest, did hot
approve of the price awarded by the commissioners, and Which was
in fact greatly exceeding its present value, and that chance of re-
moving part of that nuisance has passed away, and it is impos-
sible to avoid observing on the vacillating policy of the Colonial
Office, which did not insist upon the arrangement being carried
through." The principle upon which thos^ lands lyere disposed of
to the commissioners was a principle of general average, and the
church, who were bound to consult their own legal rights, com-
plained, as I consider justly, that whereas the clergy reserved
were the more valuable lands, the average that was taken upbii -
their lands necessarily gave per acre a less amount to them thaii
they would have done if the clergy reserves had been taken spe-
cially.
Query 36. — Is there any reason to believe that the clergy re-
serves are more valuable per acre than the crown reserves? — All
the reports that have been made to the Colonial Department go
to prove that the clergy reserves, which always have been liiost'
carefully selected, are in fact more valuable than the crown lahd^.''
Query 37. — In the laying out of a township who has the se-
lection of the clergy reserves? — ^The Governor and Council! ti
is necessary to obser'e, that the seventh appropriated to the cletgy
is appropriated by a statute ; the seventh appropriated to il^i'^
Crown is merely at tlie discretion of the Crown. ., ',' ' "'^ ^ "
Query 38. — In your opinion will the steps thatbaVe been Stalcen^
to provide for the alienation of the clergy reserves be sufficient for
that purpose ? — ^The Committee are aware that a bill has paSse^
enabling the Governor and Council in Upper Canada to sen
100,000 acres of clergy reserves every year, in my opinion that bin
I'
't.ti J
■.,1:
:; ■■"rv/H'.Hi'j'j fl'jfjriyd [>ytnc(|niu33«
74
is insufficient to effect the remedy which is so imperiously ehlled for,
because I think it would l>e extremely expedient to allow portions
of the clergy reserves to be sold for the purpose of giving value
to the remainder for the purpose of making roads, and performing
settlement duties, and preparing them for cultivation, and I am
of opinion that if those duties were done, and the clergy reserves
improved to a certain extent, there would be no difficulty in ,
leasing them on long leases, so as to make them productive at a
much earlier period than might be expected. The proceeds of the
sale of those reserves, as directed by statute, are to be impounded,
and the rents and profits applied to such purposes as the Act of
the 31st Geo. 3 directed, whatever those directions may be ; but
I am alluding to an absolute alienation of part of those reserves,;)
for the purpose of applying the money for which those reserves
are sold towards the improvement of the remainder, thereby
making that remainder |a^^ey^uabll^,^hau the wh|d was pripr -.
to.such alienation., , .,,,,.,^ ^.■: ,-,<}>•; ■ -.U:-, ;:••; 'jufv/ '::- .-usiri^'»x^
Query 39. — Is there anything in the Act of 1791 that appears .,
to contemplate the expenditure of a sum of money upon those' q
reserves for the purpose of improving them? — ^There does not (j
appear to be the slightest allusion to the necessity of capital being >;
laid put upon them before they could be made productive. Jt i^
evident that the object of those who framed the Act of 1791, »« n
well as the regulation respecting the crown reserves, was founded .%
upon the expectation that civilization would surround thps^ waste ;
lands, and give value to them in consequence of that circumstance^ ii
whereas the actual effect has been, that the existence of those {li
reserves has prevented that very civilization from taking place, i <,
Query 40. — It appears that out of the crown lands granted to the v $
Canada Company, a reservation of 750/. a-year has been awarded .;
for the Scotch Church, with what view was that award made? — Itu^
was considered highlyexpedient that the Scotch Church should have ;q
a provision, and whatever might be the adjudication with respect u
to the clergy reser\'es,it was quite evident that even if the principle ofuri
dividing the profits of those reserves between the two churches had ' ■
been adopted, it would have yielded only 200/. per annum to the
Scotch Church, which would be insufficient to meet the demands
for their pastors, and consequently the Secretary of State recom- . ;
w
mended the appropriation of a part of the proceeds of the payments
of the Canada Company to the payment of the Scotch clergy. '^"^
Query 41. — How long is that 750/. to be continued to thelPres-
byterian Church ? — ^The 750/. is necessarily at pleasure ; but it is
to continue as long as ;.>ie payments are made from the Canada
Company, which involved a period of 15 years absolutely, and a
probability of a much longer period. Mr. EUice observes, that '
** the clergy reserves are either kept in a state of wilderness, no
person being liable for road duties through them, and the indus- '
trious settler being exposed to all the inconvenience of large tracts
of forest intervening between his settlement and a market, or
persons have occupied the more improved and accessible parts of
them without title." I am of opinion that much of this inconve-
nience, if not all, would be removed by the principle of alienating
a portion of the clergy reserves, for the purpose of applying the
proceeds of them for the formation of roads ; and in the general'
execution of what are called settlement duties ; and that the effect
of this would be, not only to improve the general condition of the
province, but to make, as I have already observed, the remaining
part of those reserves immeasurably more valuable than they are
in their present state. "" ■■"^[ -" "'"■ i----'-f-f^'- ■''■> "' "' '' ^:^i;s'^
Query 42. — ^What has been the method ofdispbsingdf ihe crowii '
reserves in all those districts ? — It is perhaps unnecessary to remark ^
that the Grown, having the undisputed appropriation of the six- ^'
sevenths, after the substraction of one-seventh for the purposes of
the clergy, there could be no motive in separating one*seventh''
from the remainder, except a motive founded upon the expectation ^'
already adverted to, that some peculiar value was to attach to this '
reservation. In con^ equence of the settlement of the surrounding ,,
country, ond the quantity of ungranted land in Upper Canada
having bien so great, it has never been necessary for the pur-
pose of satisfying the demands of settlers to appropriate those
crown reserves; and therefore they have remained Upon the
same principle as the clergy reserves, practical nuisances in t)iie
province.
Query 43. — Has the attention you have paid to this subject ledf
you to doubt of the policy of providing for the religious wants of the
community in such a country as Canada, by a permanent revenue
\ o t
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76
derived from the appropriation of any portion of the soil ?— In
answering that question, I would beg to draw a distinction be-
tween glebe appropriated for the actual use of a clergyman and
large masses of land set aside to provide a revenue for the church ;
I think the first is in the highest degree expedient ; I think the
other necessarily presents practical difficulties, which it would be
very desirable to remove ; and it appears to me that the practical
remedy in the present instance is to appropri'^e glebe land, when
circumstances require it, for the use of clc. len of the Church
of England; and with respect to the general revenues of the
church, toappl_, the proceeds of the sale of those revenues as they
are progressively released from mortmain. I would wish to ex-
plain, that when I allude to appropriating glebe specifically to
a clergyman of the Church of England, I do not mean necesnariiy
out of any lands reserved by the Act of 1791, but out of lands at
the disposal of the Crown, if such were more conveniently situated,
which could be exchanged for lands so reserved.
Query 44. — From the opportunities you have had of ascertaining
ihe feelings and opinions of the people of Canada ou this subject,
should you not be disposed to say that Government and the
Legislature of England should be very cautious of doing any
thing which could give rise to the slightest suspicion that there
was any intention of establishing a dominant church in that
country? — The Act of 31 Geo. 8, c. 31, clause 39, established
the clergy reserves, that is, directed that one-seventh part of the
grants of land should be allotted and appropriated for the support
and maintenance of a Protestant clergy within the colonies ; and
it is stated that this is done for the purpose of making the best
arrangement, with a view to the due and sufficient support and
maintenance of a Protestant clergy within the said provinces.
The 37th clause enacts, " that all and every the rents, profits, or
emoluments which may at any time arise from such laud so allotted
and appropriated shall be applicable solely to the maintenance and
support of a Protestant clergy, and to no other use and purpose."
Up to this point therefore no reference is made to an endowed
church ; but the 38th clause proceeds to enact, *' that it should be
lawful for His Majesty, &c. &c. to constitute and direct within
every township or parish which now is or hereafter may be
TT
r
or^
formed, constituted or erected within either of the provinces of
Lower or Upper Canada, one or more parsonage or rectory, or
parsonages or rectories according to the establishment of the
Church of England, and from time to time, by an instrument
under the Great Seal of such province, to endow every such
parsonage or rectory with so much or such part of the lands," &c.
meaning the clergy reserves, as it mig;ht be judged to be expedient
under the then existing circumstances of such township or parish
then to appropriate. The next clanse attaches the same terms
and conditions to those parsonages or rectories, and the same
performance of duties, as are incident to a parsonage or rectory
in England. The next clause places them under the jurisdiction
of the bishop. The 41st clause gives a power, and a most im-
portant one, to the local legislature, of varying or repealing
several provisions there recited in any Act or Acts which, being
passed by the two Assemblies, should receive the consent of the
Crown. In answer therefore to the inquiry, whether I should
not be disposed to recommend caution, lest any suspicion should
arise that there was an intention of establishing a dominant
church in that colony, I beg leave to be permitted to make the
following observations : It is perfectly clear to me, that the framers
of that Act entertained the erroneous impression that this system
of reserved lands would, in a short time, comparatively speaking,
produce a fund which might be generally applicable for the pur-
poses of furnishing income to the clergy of the Establislied
Church, whether of England or of Scotland, as I conceive the
words ** Protestant Clergy" to refer to clergy of the two recog-
nized establishments ; and it appears to me, from the construction
of those clauses, that a special endowment of land, in cases where
there was a demand, for the Church of England was provided
for, whereas there was no such provision made for the Scotch
Church ; I consequently consider that I am justified in inferring
that the Church of England was intended to be so far a dominant
church as to have the advantage of lands specifically appropriated
for its maintenance, as contradistinguished from the Scotch
Church, which wns to have such proportion of the profits, rents
and emoluments of those reserves as, under the discretion of the
Executive Government, it might be expedient to allot to them.
i
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78
But it appears to me quite conclusive, that there was no intention
of necessarily establishing the Church of England as a dominant
church, inasmuch as the 4ist clause gives a power to the local
legislatures, with the consent of the Crown, of altering all the
provisions which are contained in the 36th, 87th, S8th, 39th, and
40th clauses.
Query a. — Would the measures you have suggested go to affect
the appropriation of the clergy lands when they become improved,
according to your plan ? — If the Committee will allow me to re-
state my suggestion^ it is this: that for the purpose of relieving
the province from the practical inconvenience of those |)ortions of
reserves which impede the general cultivation and civilization of
the province, I propose that part of them should be alienated for
the purpose of making roads, in preparing them for cultivation,
and for settlement. At present there is no power under any Act
of effecting this purpose, inasmuch as the law only allows of their
being sold, and the proceeds of such sale being impounded for
future appropriation,, If those reserves were to be retained fur
any very extended period, there can be no doubt that ultimately,
after the lapse perhaps almost of centuries, they would acquire
very great value; but if they ure sold at an early period, it
appears to me that the money for which they may sell may
legitimately be applied for the purposes contemplated under the
Canada Act, namely, the support of a Protestant clerify, including
under that term the clergy of the Established Church ; and I do
not perceive what detriment can possibly accnie to the colony
(provided those lands are progressively released from mortmain)
in consequence of the in )rest of the money for which they may
be sold being applied for that purpose. I should propose that all
the better portion of the clergy reserves, which have already
acquired a value from their proximity to cultivated lands, shoui I
be first subjected to sale, and so on till the whole are disposed of.
Me. Ellice states, in his evidence with regard to these reserves,
that there is no hope of their being sold to the extent of 100,000
acres annually, or even of 25,000 acres being so sold. He adds,
"They do nothing to encourage settlers ; they neither make
roads, build mills, nor lay out one shilling of capital.*' Now I
propose to remedy those defects, by allowing the absolute aliena-
79
tion of part of thoie rery reserves for the purpose of makrn)^
thoNe very improvements.
Query 46. — What has been the object of limiting the quantity
of cler^^y reserves that can be sold in one year ? — From the sup-
position that there would be no deiiiand tor their sale beyond that
amount, considering the quantity of land that the Canada Com-
pany has to dinpose of, and the mass of land that is ungranted.
Query 47.— Would not that state of things make the limitation
unnecessary ?— -The reason is this : if it were not limited, 500,000
acres might be brought into the market and sold for nothing, and
therefore it was to prevent the reserves being hastily and improvi-
dently brought into the market that limitation was made ; but if
there was any chance of effecting a sale of those reserves at an
earlier period, I should consider the limitation as most impolitio.
I Query 48. — ^The Committee have been informed that the esta«
blishmentofthe University of Upper Canada, from the government
of which all denominations of Protestants, except those that belong
to the Church of England, have been excluded, has materially
tended to increase the jealousy that already existed in Upper
Canada with regard to the Church of England ; can you inform
the Committee under what instructions that University was so
founded? — I*, was founded by a charter under the Great Seal,
and it relieved the students from an obligation to subscribe to the
Thirty-nine Articles, which had been an obligation imposed by
the constitution of the other North American provinces.
Query 49. — In what way is it endowed ? — It is endowed with
land, and an appropriation made to it from the proceeds of the
Crown reserves sold to the Canada Company. j '.^jn-my'^^wyj lu
Query 50.-~Has not the Council the appointment of the pro-*
fessors? — Undoubtedly.
Qu^ry 31. —Are not all the members of the Council required iti^
be members of the Church of England? — Yes. ' i^ • -i
Query 52. — Have the Crown reserves been effectually disposed
of, so as to prevent the inconvenience continuing which has arisen
from them ? — All the Crown reserves in Upper Canada have been
disposed of to the Canada Company, with the exception of those
in new townships which have been laid out since the 1st of Marcb,
1824. >sU •,"«if.';):!d .'il ,r l-j'ihib it-Mi -iii-Min oJ ;iiu>{0'iq
MM'
80
of!/j Query 53.— On what footing do they stand in Lower Canada ?
— They still remain unsettled ; in fact, the quantity of land that
is settled in so much less in the Lower than in the Upper Province,
that there is a much smaller proportion of Crown reserves in the
one than in the other. But nothing in my opinion can be more
impolitic than to make any distinction in the six-sevenths that
belong to the Crown. I consider the principle of reservation
of a seventh for the Crown to be an erroneous one, as the first
object should be the entire settlement of particular districts,
rather than a partial and lyeneral settlement.
Query .54. — Will you inform the Committee of the sums that
have been paid by the Canada Company, and their appropriation ?
— The sum which the Canada Land Company is actually bound to
pay in sixteen years in annual instalments amounts to 301,367/.
sterling. They are compelled to lay out on the improvement of a
block of a million of acres, given in lieu of the clergy reserves,
a sum amounting to 43,000Z. On the 1st of July, 1826, the first
payment commenced of 20,000/. ; that payment exceeded some of
the subsequent years, in order to cover the expenses of the arrange-
ment. In 1827, 15,000/. ; in 1828, 15.000/. ; in 1829, 15,000/. ;
in 1830, 16,000/.; in 1831, 17,000/.; in 1832, 18,000/. ; in
1933, 19,000/. ; in 1834, 20,000/. ; and 20,000/. every succeed-
ing year to the end of the term, it being at the option of the
Company to increase the annuity payment as it may seem fit, it
be.iig provided, that in the last year the account shall be com-
pletely settled, that is on the 1st of June, 1834. The appropria-
'' tlon which the Secretary of State recommended to the Lords of
the Treasury is as follows : first, the sum of 8500/. per annum
for the civil establishment of Upper Canada, which till that year
''had formed an item in the estimate annually voted by Parlia-
^ ment; secondly, 1000/. as an annual grant towards the building
of a college for the province; thirdly,- the sum of 400/. as an
' annual salary to the Roman Catholic Bishop resident in that
''colony ; fourthly, the sum of 750/. as an annual provision for the
Roman Catholic Priests in that province ; fifthly, the sum of
'^'750/. as an annual provision for the Presbyterian Ministers in
"connexion with the Church of Scotland, having stated congrega-
tions in the province; sixthly, the sum of 400/. as a pension to
n»
81
Colonel Talbot, as a reward for the services of that officer, and
the sacrifices he had made in settling the London and Western
districts ; the sum of 2566/. as an annual compensation for the
period of seven years to those officers of the land-granting depart-
ment in Upper Canada, who by the adoption of the new regula-
tions for granting lands are deprived of their eaioluments. The
sum total of those appropriations amounts to 14,766/., which
leaves an unappropriated balance of 733/. per annum.
Query 55. — Mr. EUice has stated that there was no occasion for
the Government applying this money to the payment of the civil
list in Upper Canada, as the ordinary revenue received on the
trade of Canada is perfectly adequate, or might be made perfectly
adequate, to the discharge of the civil lists of both provinces ; do
you concur in that opinion? — I am at a loss to understand upon
what data Mr. Ellice gives that opinion. I believe nothing can
exceed the economy with which the Legislature of Upper Canada
dispenses the finances under their control ; and I know no fund
from which the payment of the 8000/. annually voted by Parlia-
ment could be forthcoming. u) ■•Ayi', i- , j'>: ni ..t ,, ',- .i
Query 56. — How is the clergy corporation appointed ? — The
clergy corporation was established at the recommendation of the
Governor and Executive Council, and appointed by instructions
sent out to the Governor of Canada to appoint a Committee of the
clergy, of which the bishop should be at the head, for the purpose
of considering the most productive mode of dealing with the lands
set apart for the clergy, under the 31st of the King, such disposi-
tion being necessarily limited to leasing, as there is no power of
alienation under the Act.
Query 57. — By what instrument has that corporation been ap-
pointed ? — Siich an appointment would be made under the great
seal of the province, under instructions from the Government
at home.
Query 58. — Is there a copy of that instrument in the Colonial
Office? — I believe not, the instrument having been prepared in
the colony.
Query 59. — Is there in the Colonial Office any copy of the
instructions which directed the Governor to issue such an in-
strument? — There is. , ....
Query 60. — You are aware that Mr. Ellice has stated his
I
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82
opinion that blame onght not to be imputed to any persons con-
nected with the Executive Government in either province, but
that the dissensions in Canada were the inevitable consequences
of a determination on the part of the Government at home to per-
severe in a wrong system ? — I find great difficulty in reconciling
Mr. Ellice's evidence on this point. He states that the great ob-
ject- of the Assembly of Lower Canada is to retain their separate
institutions, their laws, their church, and their condition as dis-
tinct from the people of America, and that though much may be
done by mutual concession, all their objects can only be effected
at the expense of the interests of the English population, and by
the retardment of all improvement in the country. The Com-
mittee are aware that this is precisely the language which is
maintained in the petitions from the townships, which have been
presented to Parliament, and especially in those which are laid
before this Committee, from the townships to the Governor-
General in the year subsequent to tlie proposition of the Union.
Those petitions distinctly express the gratitude of the petitioners
to the Legislative Council, for having resisted the attempt of the
Assembly to prejudice the English population and to retard im-
provement. Whereas the Legislative Council is complained of,
on the part of the French Canadians, as being the main source
of all the dissensions existing in the province. Mr. Neilson em-
ploys these words : " The laws that are conceived by the people
io be necessary for the common welfare are rejected by the Legis-
lative Council, that being chiefly composed of persons who are
dependent on the Executive Government of the province." The
object of the opposition of the Legislative Council to the mea-
sures of the Assembly, if Mr. Ellice's view of the purposes of
that Assembly be correct, is to maintain the interest of the Eng-
lish popul-ttion, and to prevent that retardation of the improve-
ment Of the country which Mr. Ellice states the French Cana-
dians to contemplate. I would wish to show that the opinion of
the English population is such as I describe, by reference to the
following paragraph, which appears in the petiti(m to the House
of Commons from the townships: — " That while your petitioners
waited patiently the effect of their repeated solicitations for re-
dress of grievances, to be administered by the Provincial Legis-
lature, the Legislative Council, in the session of the year 182.5,
^
83
by recommendation of his Excellency the Governor-in-Chief,
passed a bill of the most salutary description, introducing into
those townships the English law of dower and conveyance, and
making incumbrances special, establishing also public offices
tlierein for the enregistration of all mutations of real property,
and of all mortgages on the same ; that though this bill, care-
fully abstaining from every unnecessary innovation, neither dis-
turbed the routine nor touched the customs of the French Cana-
dians in the seigneuries, the House of Assembly, evincing its
characteristic disregard for the claims of your petitioners, neglected
to proceed upon the same bill when sent down for concurrence,"
&c. And Mr. Robert Gillespie, one of the witnesses before this
Committee, being asked in what manner the dissensions betwcp'o
the different branches of the Legislature obstructed the operation
of commerce and the improvement of the Canadas, answers in
these words : *' By preventing the enactment of laws necessary
for the security of trade, there is no such thing as knowing at
present when real property is mortgaged or not;" and soon.
On the other hand, Mr. Neilson states, " that no change which
will be for the general good of the country will be resisted by the
Assembly, for the Assembly are the true representatives of the
peopl«f, and must do what will be for the good of the people ; if
they do aot, they had better go home and mind their own busi-
ness." Tme Committee cannot fail to observe that the question
turns upon, whether the good of the people is to be promoted by
approximating their institutions towards the Etiglish system, or
by not only maintaining the French institutions in their present
integrality, but by extending it over all that portion of the Lower
Provitice which is inhabited by an English population. This is
the real key to the dissensions which have existed in that pro-
vince, and which I consider to have grown out of the short-
sighted legislation of 1791 ; in proof of this I would remind the
Committee that Mr.Viger adverts in his evidence to the improved
condition of Lower Canada, which would have taken place if a
proper system of conduct had been followed with regard to the
Canadians. This question is then put to him : " When you say
a proper system, do" you mean if the French system and the
French law had not been obstructed in its operations?" He
'-:l
I:
BJIilHiiWM IW
^
' ^ ' M>Hi ' . ' " ' . i m i i. ' W 'g .^ i g^u i i^nnn i "i, ii n wip^pBwgjpwqy
84
answers: " So far as this, that they should have continued to let
the French law prevail all over the country." In point of fact,
nothing can be more discrepant than the views which are enter-
tained by the agents for the French population of Lower Canada
with respect to the functions and duties of this Legislative Coun-
cil, which one party supposes to be the source, and the other the
prevention of all mischief Mr. Neilson says, " that an indepen-
dent Legislative Council would give to Canada something like a
British Constitution, in that case there would be a body that
would have a weight in the opinion of the country when the
Governor and the Assembly were at variance, and on whichever
side they declared they would incline the balance;" whereas Mr.
Viger is asked, " Is it not the wish of the Canadians to change
the structure of the Legislative Council, and to take measures for
ensuring its formati' ^ in such a way as to make it likely that it
would agree with the gislative Assembly ?" He answers, " I
am sure we must wisti that the Legislative Council should be
composed of men who would side with the mass of the people."
Query 6L — Mr. Neilson states that in Nova Scotia, where things
go on very well, the revenue depends upon an annual vote of the
Legislature, so that not only the appropriation of the money, but
the very collecting of the money is dependent upon an annual
vote of the Legislature, and there the Government and the
Assembly go on very well in concert ; can you inform the Com-
mittee whether that is correctly stated? — Mr. Neilson totally
omits to state that the civil list is voted by the British Parlia-
ment, and that consequently the same cause of collision does not
exist there which exists in Lower Canada. It is unnecessary for
me to explain to the Committee that this is the case in all our
North American provinces, with the exception of Upper Canada,
the expenses of whose civil list however are defrayed from pro-
ceeds of funds belonging to the Crown, and are not dependent
on a vote of the local Legislature.
Query 62. — You have heard much observation from the wit-
nesses respecting the constitution of the Legislative Ccnmcil; have
you any remarks to offer to the Committee on that subject ? — Here
a^in ( would call the attention of the Committee to the different
evidence which is received on such points ; Mr. M'Gillivray states.
-*f**i»»r
J.»-V*i?»v < ^
!:
that those who are opposed to the measures of Government com-
plain of the Legislative Council, who generally have sided with
the Governor when there has been any question in difference be-
tween them ; but he adds, " I have not heard of any complaint
of the composition of the Council ; where there are parties,
however, there will always be complaints." I have no he-
sitation in expressing my concurrence in the abstract opinions
respecting the composition of the Legislative Council which have
transpired during this inquiry, but I doubt extremely whether,
under the circumstances of Lower Canada, it is possible to bring
this Legislative Council to that state of theoretical perfection
which is looked for by some members uf the Committee ; at the
same time, with respect to this Council, as well as to all other
points where an improved system can be applied, it is necessarily
the duty of Government so to apply it.
Query 63.^ — You are aware that Mr. Neilson has given evidence
respecting the dismissal of militia officers by Lord Dalhousie ; have
you any information to give to the Committee on that point? —
The following general orHers, which were issued at two different
periods by Lord Dalhousie's directions, will explain the grounds
which his Lordship assigned for the measure in question. The
Committee will perceive, from the general tenor of those orders,
that it was for conduct connected with their duty as milit a officers'
that his Lordship was mainly induced to dismiss the individuals
in question. "Office of the Adjutant-General of Quebec. —
Quebec. ^2th of September 1827.— General Order of Militia. —
His Excellency the Governor and Commander-in-Chief takes an^
early opportunity to express to '.he battalions of militia in Lower
Canada his sentiments on certain recent proceedings which nearly
concern their loyalty and honour. It is well known thut the laws'
under which the militia force has been regulated for many years'
have been enacted for short periods, and have been repeatedly
renewed as a substitute for the permanent laws passed in 1787
and 1789. Those temporary Acts, however, not having been
renewed in the last session of the Provincial Parliament, expired
on the Ist of May ; and it was immediately notified to the militia-
by His Excellency's directions, that under the existing circum-
stances the old perma<!Mtit ordinances came into force. Evil dis-
f ' I
i ■ -
1« i
! !
fi
rt' .1 < .
86
posed persons were not wanting to spread doubts on the subject,
and to those were added gross misrepresentations and calumnies
regarding the intentions of the Executive Government, all tend-
ing to create discontent and dissatisfaction in the province, but
more particularly to induce the militia to object against and dis*
obey the orders issued under those ordinances for the usual
musters in summer. The Governor-in-Chief has seen with great
satisfaction that the utmost exertions of the ill-disposed have
totally failed to disturb the national disposition of the people to
order and obedience, with very few exceptions, and thrse chiefly
of officers holding commissions. The musters of July and August
have been unusually numerous and well attended. It is therefore
an important and a most agreeable duty to his Excellency to
offer his warmest acknowledgments in approbation of that con-
duct by which the battalions of militia have shown their loyalty
and proper sense of duty ; but while the Governor-in-Chief thus
gives the reward of praise where it is so well merited, he feels that
his duty imperiously calls upon him at this time to deprive of the
distinction of holding commissions in the militia all such persons
as have neglected to attend at the musters required by law, or
who by their conduct or language at public meetings ha,ve failed
in that respect which is due to the representative of their Sove-
reign. This however, is a work of time and investigation, which,
though necessarily attended with some delay, will not fail to re-
ceive his Excellency s serious and deliberate consideration. By
order of His Excellency the Governor-General and Commander-
in-Chief, F. Vassel de Monoel, Adjutant General M. P."
The other order is as follows : " Office of Adjutant General of
Militia, 12th Detember 1827.— General Order of Militia.— The
Governor-in-Chief having for some time past occupied himself in
considering reports of reviews lay officers commanding battalions
of militia, lias great satisfaction in again expre3^:ing his approba-
tion of the general disposition an(^ orderly conduct of this great
national force. The reviews have been fully attended, and there
are but few instances in which the Govcrnor-in-Chief would think
it at all necessary to express censure; his Excellency ttiererore
conveys to all, and to e&ch battalion, his thanks for their conduct,
trusting that the next sumaaer he^ihail find uo cause to repeat the
87
f Ci.'
only disagreeable part of duty which remains for him to perform,
that is, to publish the names of those officers who can offer no
sufficient apology for their neglect of duty and absence from
muster."
I have only further to explain that Lord Dalhousie states that
His Majesty's Attorney-General in the province of Lower Canada
gave an opinion that the old ordinances of 1787 or 1789 had re-
vived, and certain militia officers having impeached Lord Dal-
housie's consequent judgment upon this occasion, founded, as it
was, upon the opinion of the Attorney-General, not only refused
to attend the summer musters, but otherwise exhibited a spirit
of disobedience to orders; in consequence of which Lord Dal-
housie dismissed those persons, the circumstances of whose con-
duct and situation made such an example necessary ; and on the
grounds stated his lordship's conduct received the sanction of the
Secretary of State. > > '' <'2 ai (' ''Wn^^ '>.^hv»^ .n van^t^i rui e^^^-j^
Query 64. — Mr. Cuvillier in his evidence states, that Loru Dor-
chester, in his Message to the Legislature in 1794, in the name of
the King, gave the casual and territorial revenues to the province
of Lower Canada, towards the support of its civil government ; hence,
he says, the control which the Assembly has over those revenues.
It is in consequence of this gift on the part of His Majesty to the
province, for the public uses thereof, that the Legislature has a
right to appropriate them. He is then asked, " In what form
Was that gift made?" and he answers, " By message." Again
he is asked. " Did that message of Lord Dorchester say that the
King would appropriate those revenues for the use of the pro-
vince, or that he made them over to the Legislature, to be appro-
priated by them for the use of the province ?" he answers, " That
he doBi I'.t recollect the precise words of the message, but that
he does recollect that the casual and territorial revenue was given
to the province in aid of its civil government." Can you supply
the Committee with any decided information upon this point f —
It appears in the Journcls of the House of Asseinbly of the 29th
of April, 1794, that " a message from his Excellency the Governor,
signed by his Excellency, was presented to Mr. Speaker, which
message was read in English and repeated in French, all the
members of the House being uncovered, and the same is as fol-
m
C3
'/
\
c-
1'.
I
i)
h
r,
I'
fir
88
loweth : — Dorchester, CSovernor. — Tbfi Governor hcs given di-
. rections for laying l^efore the House of Assembly aa account of
the provincial revenue of the Crown, from the commencement of
the new constitution to the 10th of January, 1794 : first, the
casual and territorial revenue, as established prior to the conquest,
which His Majesty has been most graciously pleased to order to
be applied towards defraying the civil expenses of the province."
The Committee will not hesitate to admit that an expression, on
the part of the Crown, that orders have been graciously given to
apply the territorial revenue towards defraying the civil expenses
of ^he province, cannot, in reason or in justice, be considered to
be ^ gift jto the Legislature, by which the Legislature obtains the
right of appropriation. I would beg leave to lay before the
Committee, in illustration of this distinction between applying the
local revenues at the discretion and under the sanction of Ilis
Majesty's Government for the benefit of the Colonies, and the
surrendering them to the colonies for their absolute appropriation,
by the following letter, which was addressed by Lord Bathurst,
as a circular letter to the colonies having local legislatures, on the
6th of October, 1825, and which appears to me to express most
clearly the reasons why an annual vote of the Civil List is less
"preferable to a more permanent arrangement. " Downing-street,
8th October, 1823. — Sir, — You are aware that in all discussions
which of late years have taken place in Parliament on the subject
of the Colonial Estimates, it has been objected that the North
American colonies ought to take upon themselves those permanent
and necessary expenses of their civil government which have
hitherto been charged upon the revenues of this country. 1 have
always felt unwilling to enter upon this subject until the period
should arrive when, from the growing prosperity of those colonies,
and from the condition which they had, in fact, attained with
respect to their population and resources, I could press it with
the conviction that the proposition was not only one which ought
to be entertained by the Legislature, but one which would be met
by a most anxious disposition to comply with the wishes of Go-
vernment. I also deferred pressing this point until Parliament
has actually removed those restrictions to which the commerce of
the colonies had hitherto been subject ; because, though it might
89
nut have appeared unreasonable to have made the extension of a
policy so liberal towards the colonists, in some measure dependent
upon their assuming upon a just footing the charges of their oWn
Government, yet I felt it a more pleasing course (and one which
I trusted would be found not less effectual,) to rely rather upon
the disposition of His Majesty's subjecti^ in the colonies to evince
a just sense of these advantages after they should have been con-
ferred upon the-n, than to have attempted to induce them to a
compliance with the proposition by any promise of consequent
concession and advantage. By the measures which Parliament
has recently adopted the restrictions I have referred to are re-
moved, and the colonies now enjoy, under the protection of His
Majesty, the same freedom of trade with the parent state and
with foreign countries as if they constituted, in fact, integral parts
of the United Kingdoms. Such a state of things, it is confi-
dently hoped, cannot fail to produce an increase of prosperity
that will either enable the colonists to bear the charge of the Civil
Government without necessity for imposing additional taxes, or
will make the increased taxes, which it may be necessary for a
time to provide, less burdensome than those which they are now
obliged to sustain. I have had frequent occasion to regret the
inconvenient consequences which have arisen in some of His
Majesty's colonies, from the practice of providing by an annual
vote for those charges of the Civil Government which are in their
nature permanent, and which therefore ought not, consistently
with those principles of the constitution common both to the
United Kingdom and to the colonies, to be classed with those
contingencies of the public service which, being necessarily
fluctuating, may be fitly provided for as the occasion appears to
demand. In point of fact, the necessity of an annual vote for
the maintenance of a fixed and permanent establishment is only
calculated to embarrass the public service, and to disturb the
harmony which ought to exist among the different branches of
the Legislature ; it even tends to impair that confidence between
the Government and the inhabitants of a colony, which is equally
necessary to the just support of the former and to the happiness
and prosperity of the latter. In the practical execution of this
proposition, it caimot fail to he satisfactory to the Legislature to
H:
:
•^rmr^-r'tif '77"
90
observe, that it is nut intended that the provincial revenues should
be charged with any excess beyond the long-established and
ordinary charges, unless a further increase should by them be
deemed expedient. The chains of which the present estimate
consists being all strictly of a permanent description, I should
propose that the Act, whicd will be necessary to make provision
for their assumption by the colony, should continue in operation
for the space of ten years. The cordial adoption of this propo-
sition on the part of the Legislature cannot fail to draw still
closer the ties which so happily .:..ibsist between the mother
country and her dependencies, and to induce a favourable dispo-
sition on her part to apply her capital for colonial purposes.
And when it is considered how heavy an expenditure is neces-
sarily incurred by Great Britain in the military defences of her
colonies, it would seem unreasonable, under present circum-
stances, to question the readiness of the latter to provide in a
proper manner for the necessary charge of their civil government.
You will explain in the fullest manner to the Legislature, in the
course of the next session, the expectations of His Majesty's
Government upon this subject, and you will at the same time
inform them, that whatever funds may be raised or received
within the province, such funds not being under the control of
the Legislature, will be appropriated for the benefit of the pro-
vince, at the discretion and under the sanction of His Majesty's
Government." "^ ^ ....'.
> ■ i li n- I
iaataJtit io eioi^'iiiw. •itidi-'M;'? y^--}fL'ir'i •iJT— ■'^^■:i>u»yv;!'^ o^*.- ^^.i^
,ru«a*'«'i»l ,..(,
i'Si ')> i:i')ry,:j> .■ I.t "i-
•? ii'i Ui;i. :;]••■' ^li
f, ■ . 1 I
91
IJ "At'.'o.
APPENDIX (C.) ^-■Hix'. bom.3i.
I' ]n 'ii .juiiii" J (II.. '.
EXTRACTS from the Evidence of Edward Ellice, Esq.,
before the Select Committee on the Civil Government of
Canada. ^ .. ,.",.,. . .. , . .» . .,, ,,,
Wkre not the boundaries of Upper and Lower Cauada settled in
consequence ot the provisions of the Act of 1791 ? — ^Ihey were.
In your opinion, has the boundary line between the two pro-
vinces been drawn conveniently t.,i the tw(» provinces ; or is the
division so ur ranged as to give r-'^ to very conflicting interests
and separate reelings between tli. > ? — ^The division altogether
was most untV unate, and has comp.<t:tely verihed the predictions
of its consequences, made at the time by the agent of Canada,
and by all the witnesses examined at the uar wf the House.
The result, so far, of maintaining distincti'^ns between two
classes of subjects, has produceu no proof of its policy. As to
the particular boundary or divisioi> of territory, that is very im-
material, and I do not believe you could satsfy either party in
the general questions now under discussion l'^ any alteration in
that respect.
In point of fact, has not a very strong collision of feeling, and
a sense of difference
erest arisen between the uihabitants of
the two provinces?— -T'-.r greatest possible collision of interest
has arisen on the subj ':;v ' 'f the revenue ; and unfortunately there
is every reason to apprehend it is only now at its beginning.
Will you be so good as to state the principal grounds of dif-
ference that exist between the two provinces? — ^The principal
ground is, the pretension set up by the French Legislature at
Quebec to regulate the trade of the St. Lawrence, and to levy all
duties upon the exportation or importation of commodities either
going from or to every part of Cunada, without consulting the
Upper Province on this point of deep and vital importance to its
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92
inhabitants. This grievance will of course be more deeply felt
as the hitherto rapid settlement of Upper Canada, encouraged
by more liberal institutions, and ?. better state of law, pro-
gressively advances. The French population of the Lower Pro-
vince have not increased or improved their condition in any
respect in proportion to that of the English population either in
Upper or in Lower Canada, nor is there any reason to believe
that their numbers or their interest in the country will in future
increase in proportion to the increase that must take place in
both colonies in British inhabitants and British capital. As the
British interest increases in either province, a community of
feeling will necessarily lead to their closer connection together ;
and I am afraid, if even it was the determination of Parliament
to maintain the ascendancy of one class of the population of
Lower Canada, and their exclusive powe/s over the taxation and
commerce of the country, the British inhabitants of both Pro-
vinces would, at no distant time, look to some other means of
relieving themselves from so intolerable a grievance. « * «
If one rate of customs' duties must be collected in the revenue,
and one mass of revenue is collected, and no fair or equitable
division is made between the two provinces, does it not
necessarily follow that there must be one expenditure ? — That
I take to be one of the most difficult points of this case. Sup-
posing any idea to be entertained of re-uniting those provinces,
I have always thought the more prudent course to adopt, and
one which the paramount object of preventing at first any colli-
sion in the united Legislature on the heretofore separate interests
of the parties would justify, would be to fix the present revenue,
and apply such part of it, for a certain number of years, as would
be necessary to defray the charges of the existing civil lists in
'both provinces.
How could that object be effected ? — By adequate provisions
in a bill for uniting the Legislatures, specifying in the schedule
'to the bill, in minute detail, the different charges to be defrayed,
in such manner so that there should be no ground for suspicion
that it was intended either to increase the charge or to give the
i executive authority any discretion in the payments. I think
this arrangement might not be objected to, on the ground I have
93
stated, for a limited period of from five to fifteen years. Any
surplus of revenue, or monies raised for the improvement of the
country, or for the increase of the establishments in proportion to
the gradual increase of the population and the vpants of the ad-
ministration, would be still und^r the control of the Legislature, '
and at the termination of the limited period the full power of
regulating the taxation and expenditure would revert to them.
Before that time, it is to be hoped, all raparate habits and in-
terests might be nearly lo^t sight of, and the present collision of
feelings and prejudices give way to % general desire to consult
only the common good and the prosperity of the country in the
united Legislature, '-"''^'i n-jiii tn i.>tii:<.^hifi?.?..i:y,n tiw-^rn\.n'^f
Has the House of Assembly of Upper Canada ever expressed
any wish for a union of the two provinces ? — I have not heard so,
nor do T conceive the fact either way to be of much importance.
The people and the Legislature are only desirous to participate
in the exercise of the undoubted right of the whole people to
raise the revenue and regulate the commerce of the country.
In what way, in the case of the union, would you provide for
the more general services, and the rest of the revenue remaining
after the disposal of the civil list ? — I would leave it at the free
disposal of the united Legislature. 1 am perfectly satisfied, a
governor of conciliatory disposition, popular character, and good
sound sense, acting upon instructions from this country, founded
on liberal principles, would have no difficulty in balancing and
conciliating the different parties in the Legislature, and procuring
firom them ample means of improving the institutions, and pro-
moting the general interests of both provinces.
When the union of the two provinces was proposed in Parlia-
ment, did not a feeling arise in Lower Canada extremely hostile
to that measure? — An adverse feeling certainly was expressed
by the French population in Lower Canada, but not to a greater
degree than was anticipated.
Was not one of the grounds upon which that fbeling was
founded an apprehension, that under the circumstances of the
Union the provision for the maintenance of the Roman Catholic
clergy might be endangered? — ^There were several ill advised
clauses in the Bill. It was suggested by the original proi^osers
; .
f
I''
*1iH
V
94
of the measure that some clause should be inserted protectiufr
the Catholic church and the rights of the clergy from all en-
croachment by any Act of the new Legislature. This intention
was not accomplished by the clause in the Act, which was con-
strued by the clergy as direct hostility against their establish-
ment. Nothing could have been so contrary to the feeling with
which any mention of the Church was suggested, and it would
be consistent equally with justice and policy to provide distinctly
in any measure for uniting the Colonies, against all dangers the
clergy may apprehend in this respect.
Each of those provinces having now a representative assembly,
would it in your opinion be possible or desirable to leave to those
assemblies the regulation of such matters connected with each
province as might be considered as local and particular, and to
assemble a Congress, consisting of certain members of both
bodies, to which might be given the charge of such concerns as
should be general to the two provinces ; among which may be
enumerated the collection of the revenue, great institutions for
the purpose of defence, and the general application of the
revenue, appointing to each of them a fixed civil list? — If it were
possible to satisfy the parties by any arrangement more than by
the whole measure of a union, I should be much inclined to
sacrifice a great deal for that object. But a Congress would in
fact be only a union with more complex machinery ; and I doubt
whether the objection of one individual in Lower Canada to any
measure of this description would be removed by it. The same
difficulty would occur in apportioning the influence of the two
parties in the Congress, as in a Legislature common tc both, and
you must make some alteration in the constitution of the As-
sembly of the Lower Province by the admission of representa-
tives from the townships. The great desideratum is to infuse
into the legislative body, under whatever regulations it may be
placed, persons of liberal education, who may be able to counter-
act the influence of narrow habits and old prejudices in retarding
the prosperity of the country.
Would not the same objection exist if a legislative union took
place ; would not the effect necessarily be, upon similar prin-
ciples, to extend the influence of the French Canadians to Upper
1^
I-
1-
1
95
Canada?— Certainly not, if you were to unite the two Legisla-
latures, adding to them a fair proportion of representatives from
the unrepresented townships in Lower Canada. • • • ♦ *
What would be the effect of inchiding the Island of Montreal
in Upper Canada ?— I do not think that any new division of the
boundaries would improve the condition of Upper Canada, and
the separation of Montreal from the Lower Province would pro-
duce more dissatisfaction than a more efficient measure. • » «
Can you state any other groun s of objection which have been
urged to the union of the two provinces besides those which you
have alluded to ?— I have heard of no other grounds ; but it is
quite impossible there should not be a great difference of opinion
on a subject affecting in so many ways the particular interests,
both of individuals and parties. For instance, persons residing
at Quebec, and at York in Upper Canada, may neither approve
of the removal of the I«gislature to Montreal, supposing that to
be the proper place, if a union should be decided upon. • * *
nn i'.naauiilHi'-l J«')U; .•n>ivjv>i 'H'.J 1> ilu!J:j-tlI(>') r>ii,» .by;„-!:..;;j(i ■
Wrff JiU-— v.).-.;! I'vfh i.'yxx' ^^ uvjtii \o ii.caoi ,ij'iiiiii<)q-..j,tj jS.i^i^'r^i
Xd im-ili 'jwm Hu^niif^nnrn; /oe yd .^o^'Mjq -nU vi-^iicci oJ •Hl'e^n<y
uj ii'j!:j|-iil ilOi'CU Siv' ]'■':!•.."<! 1 ,iir}'..u.l t: 'iii iM(j-:r.:Mtt alosS'W .>ii.!
Jd;job I biH> ; yi-uvo mm xyiuifsuj :oi;n si) ■'' iK.ifijj i, iUu.> mo j'Uj*
ifiiv- uJ abiiiiiil) vrm- ' ~ " ^> i»u-i{_.)'o'j;.ii VJiii.'iii-f?
<y*n ^liJ lo ii'jiinniiii fnli •j^fiuiCiiJUK'qr; »( •;;( ..jd h!t/i;w vjlyr>iflil,»
hni. ,d'u'i n! (if.nhi!.''':. juM-siViii-'J (•• '.n'T^/, ,..-^.^l!:^n.'•j jfii ju ti^in^tji
■; A ;*ilJ io iii>ifi<ii?>iu>.> rAjii m jiv>»Ji;i-jJlt. eunog t»<i;ji-n Jaum /lo/
{ii 1 tfjiqai 'io (TOi'iHl I ',;,');•, :jji fd ■iJt.Viii*! kawr,!.! wit lo //dra.Oc?
ad {HiiJ li ^noUiiiu^vT /!itV'?Jlii>ii'.f/ iJ:n--ii .\)fid .»/i.lijI';r^i'jl Oiij oJiii
i;
96
..«r.Ku..u: APPENDIX (D.) ,,,,.,,.,^ ^,,
t^d iK^JC'tfici i,)-. i. . ill . .. ■• ■' '
'■■Ui-iimi ?; fb !'''^'9>i!-yrJV)" ——————
^ ".,,,, THE FRENCH CANADIANS;. ••......',;-5 hr-:--'-^
•ff>'' ?;;;<? '-^t
?v"-
'•*^ M ■-'rSnf^fV* 1
•I j^-J <!'.'.)< ;'}\
■'i;'tf<n<i',i>
To the Editor of the Morning Chronicle. ;,, ,, ^-^j.
Sir,
At this moment, when all British subjects, to whom our
colonial prosperity^ or, indeed, the real welfare and genuine liberty,
of their fellow-subjects in general, are objects of any value, must
be watching with deep anxiety the result of the disastrous outr
break which recently occurred in Lower Canada, a few observa-
tions on the subject of that colony, from one who has had some<
years' experience of it, may not be wholly without interest. Not
that those observations will contain much, if any, of novelty.
But it sometimes happens that truths, though " familiar as house-
hold words" to those whose duties or interests bring them in
constant contact with the subject of them, are forgotten or lost
sight of by the generality, whose attention is distracted among a
variety of objects, and is only casually called to the subject in
question. And such must ever be more peculiarly the case with
respect to any one of the numerous offsets from the parent stem
of this vast empire.
Let me guard myself, however, against being understood as
upholding or defending, by anything I am about to say, any
abuses really existing and requiring reform in the province. If it
should be considered right, upon constitutional grounds and after
mature consideration, that the Legislative Council should be
elected, as well as the House of Assembly, by the people — if it
should be decided that the judges and magistrates, and her
Majesty's law officers ought to receive their nomination fiom the
latter body instead of from the Queen — ^let these reformations, and .
97
all others which may legally and constitutionally be resolved upon,
be carried into execution in r.oper time and proper manner;
though I should scarcely suppose that, after these two measures
had been carried, and I know that the last of them has long been
the real object of the democratic party in Lower Canada, her
Majesty would be advised to continue the erpensive establishments
now existing on the banks of the St. Lawrence, for the very empty
honour of still numbering Lower Canada, nominally, among her
colonial possessions. But the point on which I wish your readers
to satisfy themselves is, whether, supposing these changes in the
f>onstitution to be called for ; admitting for the sake of argument,
that a thousand abuses are still crying out fur reform — whether,
I say, there be anything in tht actual condition of the Canadians,
any suffering or privation on their part, resulting from such sup-
posed maladministration as can afford the slightest shadow of
justification of the means now attempted to be resorted to, for the
alleged object of dbtaining redress. If, indeed,! were addressing
these observations only to those who content thetnselves with
reading the more moderate portions of the press, I should con-
sider it a very unnecessary waste of time to combat the idea that
open rebellion is, in the present instance, if ever, to be vindicated.
But when one sees it boldly asserted, in speeches and in news-
papers, French as well as English, that the Canadians are suffer-
ing and writhing under the tyranny of their governors, to a degree
that almost challenges a comparison with the Poles or the Trish,
it becomes a natural and very necessary question what the real
condition is, and what the feeKnga of this people, who are thus
supposed to be ground and persecuted into rebellion. ' < ' *^ ,
Now, I believe it would be impossible to find any one single
spot in any one quarter of the globe, the population of which is,
on the one hand, in such perfect enjoyment of all that conduces to
happiness and comfort, and, on the other hand, so exempt from
all those restraints, vexations, and contributions which usually in
societies form the price paid by the community for government
and protection. The curse of taxation is there scarcely felt
Liberty, whether as regards their religion, action, speech, or^
writing, is enjoyed as fully and amply as in our own Etagland!.
Independence, as respecte prt^rty, Mists to such an extent, or.
I
98
I ought rather to say, approaches so nearly to universal proprietor-
ship, as would, I fear, excite no small feeling of envy among our
less favoured peasantry, acquainted only with our more civilized
and more unequal distribution of property. The word " labourer,"
in the European acceptation of the term, is almost without appli-
cation in Lower Canada, unless, indeed, in the persons of some
of the poorer emigrants of the mother country. The word
** paysan," again, appears to have been rejected, as if the usual
acceptation of it in the old world had rendered it unworthy of a
race of landowners ; and '* habitant*' is the word universally used
to designate them, as if to point out the occupants, par excellence,
of the country, as distinguished from those who dwell in the
towns. By the operation of the law of inheritance, every French
Canadian succeeds to his father's freehold, or to a portion of it ;
and, unless he loses it by his own folly or misconduct, lives and
dies on it. Accordingly each Canadian has his own house, warm,
substantial, and commodious ; fuel for little more than his trouble
of cutting it; his land and garden (in which the tobacco, free
from duty or excise, makes a conspicuous and luxuriant appear-
ance,) rarely failing to yield a good crop, in spite of bad farming,
which is adhered to with all the obstinacy of independence ;
cattle, according to the extent of his land and his own taste, with
a certain market, easy of access for his surplus produce; and,
with rarely an exception, one or more stout handsome little
horses of the old Norman breed, with his two carriages, a cariole
on sledges for winter, and ths old-fashioned calash for summer.
And I wish that those who «ry out against tlie oppressed state
and discontented spirits of the French Canadians could witness,
as I have often done, the assemblage at one of the paroweSf or
parish churches, on a Sunday. Scores, I believe I may say hun-
dreds, of these carriages, waiting, without ccachmen or footmen,
it is true, but in perfect security, till the service is over ; and then
a pouring forth of cheerful and respectable-looking men, with
their wives and children, all well and warmly clad, chiefly in
clothes of their own manufacture, preparing to drive back to their
respective homes ; but not till they have made their respectful
and affectionate farewell to their cur($, and interchanged kindly
expressions or looks with their neighbours. Follow the course of
w
vO
the St Lawrence, from its ^If up to the confines of the upper
province (for Lower Canada is in truth little more than a belt of
vfttageR running along each bank of the river), and say whether
this picture be partial or overdrawn. All those who know the
country will pronounce it to be Universally and strictly true.
And these are the men who, it is hoped— most erroneously I
trust — will be persuaded to leave their comfortable homes, for the
prospecf of falling, either in art unequal and unholy conflict with
their fellow-citizens, or by the ruthless hand of a Canadian winter !
And for the redress, too, of grievances which, even supposing
them to be anything but imaginary, are subjects of the most pro-
found indifference to the French Canadians. I have often been
amused at the difficulty experienced in warming them, ev^ii during
the almost universal excitement of a general election, to anything
like the fever heat required for common party purposes. A
would-be popular leader may of course always find a few fol-
lowers among his own friends and relations. But the mass of the
population have always appeared to me to be deaf to the history
of their own unfelt wrongs. They form an entertaing illustration
of Mr. Canning's " weary knife-grinder ;'' and are equally proof
against the patriotic auddisit^terested attempts of the transatlantic
" Friends of Humanity," to persuade them th^t they ought to
feel very miserable. The ** spiritless outcasts" are unreasonable
enough to feel that their lot is a happy oae, and to he contented
with it. So notorious indeed must be the happy state and happy
disposition of the Canadians in genera!, that I never imagined
M. Fapineau would, venture beyond a war against budgets and
. salaries. The natural idea was that he was playing a game of
brag, and trying how far he could go towards the attainment of
his favourite object of paralyzing the government by dint of fac-
tious opposition to all its measures in the House of Assembly,
and of threats and intimidation out of it. Lat? e\ents, however,
have shown that he had prescribed to himself no such limits; and
the question now is, or in all probability is before this time de-
cided, how far he may hope for support from his Canadian
brethren in the field. My confident hope and expectation is that,
though he seems to have succeeded in exciting a considerable
number of infatuated or desperate persons to rebellion, he will
H
100
look in vain for anything like genera! co-operaMon from the mass
of the population.
t^)i X'know it may be said that the stupid contentment of a people,
and their blind indifference to oppression, can neither excuse the
oommenoement of the wrong, nor justify the continuance of it-
To that proposition I give my . cordial assent. Again I repeat,
Jet all existing abuses and grievances be redressed. AH I wish
„^> impress upon those who have patience to read this letter through
io, that they must not mistake a few hundreds of desperate out-
casts, headed by lawyers without clients, and doctors without
patients, for "the people ofliower Canada;" nor must they
implicitly believe in the existence of the grievances put forth by
these desperadoes, even though supported by the confident state-
ments of a small section of violert Radicals in London, or the
spiteful but obviously ignorant generalities of some of the Parisian
journals.,!, j,,^ uOiM.tmotvt yi/:?«v ^. , ,,( ^(i\„ .,d v.nif'
.■.jia> ;uM7 ^jiJlutjfll.h f I am, Sir, ^^ ^^
■'■'London. Dec«n6er26</i, 183^. '■"i'"^''^- ■"'""'' ^'•^'^^•^'*^' '
yf, [Extracted from the Morning Chronicle of Monday January 1st, 1838.}
•(^li'ijlw ..(fi'jtj'yH.ifis.'m;)-. Jo wamO* -fdt Jvihuv^
«bu3 iKHi iwim^t ^^^ ^^^ CANADAS. "':'ni>fl!.> \r,„: '
rnlioi ,.,iq«.J,.- . (Second Letter.)* ^'^ ,1.n...n, '
5 To the Editor of ike Morning Chronicle. ^^^.^^^^
Sir," Jtiisi?. >rat ,ir in lunr, vlphtifnirr vrttn >jMfhr.-^ 't^ .(-si'M •
huv ,ji In a letter which I addressed to you nearly six months
since, when the public nund was full of anxiety and apprehension
respecting the result of a mad attempt to overthrow the British
supremacy in Canada, I ventured to express a pretty strong
;, opinion that the rebels would meet with but faint sympathy from
the general mass of the population. The events which have
since occurred go far, I think, to show that that opinion was not
^iil'founded. And the state of tranquillity to which both pro-
,^j*H ■ . : .
I
V*i<
* Extracted from the Morning Chronicle of Saturday 23d of June, 183S.
101
vinces, it is* hoped, are now restored, leave her Majesty's Go-
vernment to the equally important, and infinitely more arduous
undertaking, of introducing those reforms and improvements,
the want, or fancied want of which has been made the stalking
horse of those whose object was confusion, not reform ; not
improved government, but anarchy and plunder. i
It is not my intention, at least at present, to enter intb a
regular discussion of any one of the numerous objects of dispute
or agitation at present existing. Indeed, I scarcely know one
of them, whether relating to the two provinces connectedly, or
to either of them individually, which is not of far too great im-
portance to be treated of thus svimmarily. And the doubts so
becomingly expressed by Lord Durham, as to the success of his
undertaking, and the difference of opinion existing in the Imperial
Legislature as to the best mode by which the Governor-General
may be able to obtain the necessary information on these various
topics, are sufficiently indicative of the difficulties with which
the path to any adjustment which shall be satisfactory to all
parties is strewn. My object in now addressing you is merely
to point out to those on whom the heavy and awful responsibility
must devolve of ultimately deciding on the measures to be finally
carried, the danger of adopting any general system, whether
relating to legislative, judicial, or financial subjects, or indeed to
any other matter, without not only being satisfied that such
system is applicable in point of principle, but also well and
maturely examining whether its details are well adapted to the
new sphere into which it is. proposed to introduce it.
Such a caution may probably appear at first sight wholly
superfluous ; nor indeed should I now presume to offer it, did
not past experience justify and imperatively call for it — experi-
ence, too, derived from those very acts of the British Parliament
which conferred upon the Cauadas some of those institutions of
the mother country most valued for the elements of liberty and
good government contained in them, and most strongly, there-
fore, evincing the maternal anxiety of Great Britain that her
newly-acquired colonies might, in every constitutional way, be
gainers by the transfer of their allegiance. And I cannot help
observing, while adverting to this epoch of the history of Lower
I
!
102
•<l
>Ji1i
Canada, nn the barefaced injustice with which a portion of the
French, press reproaches us with tyranny and oppression towards
that Colony. Surely it is a suflicient answer to such calumnies
from that quarter to ask, and it is a question which I am sur-
prised has never occurred to these flippant writers-^what would
be the present oituation of Lower Canada, as regards free and
liberal institutions, if she had continued under French rule ?
How many stepa would she have advanced towards the attain-
ment of that high degree of civil liberty, from the exercise or
raliier abuse of which have sprung the very disorders over which
the section of the press alluded to so ungenerously exults P
Would she not rather, judging from the other French colonies,
be as nearly as possible in tbc.sqiiie statQ in whi«h we fjutuod hst
at the cession of Quebec ? 'r'f^* -■'•-'r;.? >o 'r...oH <*f<- '^-t.; nvoi''/-
But to retura to the more immediate object of this letter.
Proud as we justly are of our institutions, which, with all their
imperfections, I am old fashioaed enough to consider better
adapted than any others &t our home use, we still are somcThat
too apt to suppose that they must be equally well contrived for
other communities, no matter what tbeir habits, religion, colour^,
or climate, or what the nature of the laws by whicb they may
have hitherto been governed. It seems to have betn conudered*
sufiicient thai the abstract principle was unobjectionable, without
its being judged necessary, to inquire how the practical details
of the system might work. Of this fondness for the adaptation
of. the machinery, without sufficiently considering the fitness of
the materials to compose it, or of the subject matter on which it<
is to act, a striking exemplification presents itself in one of the
principal causes of the late unhs^py difierences. The nicely«:
8' usted balance of King, Lords, and Commons, so beautiful in-,
theoryv so eflUcient in practice (though, by the way, the practice
is in truth anything but a faithful reflection of the theory), oould'
not but succeed, it was thought, when represented on the minia« '
ture stage of the Colonies, into, most of which, accordingly it
has been introducedi But in the ardour of admiration of iit&
prototype, the total absence in the copies of materials to tcrrn
the seeoitd. or intermediate body between the Grown and t!*.e
people > {I am epeaking more especially of Lowerf Canada, but;
103
the defect must necessarily exist, more or leu, in all the Colonies
in which "the oonstitution" has been introduced), was over*
looked, or at least insufficiently provided for. And accordingly
the Legislative Council, the Colonial House of Lords^ consists
of members, not merely nominated by the Crown, and poHsessing,
therefore, no hereditary or independent claim to sit as legislators,
nor^ generally speaking, any landed or permanent interest in the
Colony, but, for the roost part, holding office under governnienL
It is useless and impossible to deny that this fcrms a most
material and almost fatal variance between the original and the
copy. It, in truth, renders the Legislative Council little more
than a second edition of the Executive Council ; in other words,
the executive government and' the Legislative Council, the
Crown and the House of Lords, that is to say, are nearly iden-
tical. But would the other horn of the dilemma, on which the
ultra-popular party are desirous of fixing the government^ make
the matter better ? " Make the Legislative Council elective,"
say that party. But every one who knows anything of Lower
Canada, and of the division of property which exista there, would
agree that no increase of qualificaUon, or of the elective franchise,
which could be adopted, would render an elected Legislative
Council anything more, in reality, than a counterpart of the
House of Assembly. And if this latter body be, as it has proved
itself to be, more than a match for the Government and Legis-
lative Council united, what chance would the Government have
against the two popular bodies, identical as they would then be
in origin, principles^ and interest? It would be far honester,'
and equally beneficial, to abolish the Legii^ative Council altO'
gather, and let the Government act, if it could, with the House.'
of Assembly alone.
Thi:: difficulty, arising as it did and does out of the different '
orgbnization of society in the Colonies, compared with that of
the mother country, , could not, perhaps^ have been prevented or^
remedied consistently with the determination of adhering to the
model of the Bri' ish Constitution. But I will now call the atten-'
tion of your re.-^ders, if, indeed, I have not already exhausted^ >
their patience, to another instance of root and branch trans^
plantation, where the simple process of a little previous pruning .
k
104
would have rendered the tree much fitter for the new soit iu
which it was intended to flourish. By statute 14th George III.,
ch. 83, commonly called the Quebec Act, it is enacted, that " the
criminal law of England shall be administered and observed as
law in the' province of Quebec, as well in the description and
quality of the offence as in the method of prosecution and trial,
and the punishment and forfeiture thereby inflicted ; to the ex-
clusion of every other rule, of criminal law or mode of proceeding
thereon, which prevailed in the province before 1764." And
the same system was continued to Upper and Lower Canada by
31 Geo. III., c. 33, when the province of Quebec was divided
into those two provinces. Now, that the introduction of the
English criminal code and mode of procedure was, generally
speaking, a real inestimable benefit to the French Canadians will
scarcely be disputed by any one who values the trial by jury, or
who considers our humane .^and temperate rules of evidence pre-
ferable to the entrapping and self-criminating mode of inquiry
(I speak doubtfully as to the use of the rack), which was tolerated
by the French law much later than 1760. And yet, with all
my partiality for these admirable institutions, I doubt whether
even in theni improvements might not have been made, so as to
have rendered them better adapted to the new scene of their
exercise. I incline to think, for instance, that instead of insisting
in criminal trials on absolute unanimity in the verdict of the jury,
a majority — not a bare casting vote, but of not less than nine
to three — would have been more suited to the materials of which
juries are commonly composed in Lower Canada, by making
allowance for one or two wrong-headed persons. With regard
to ex-officio informations by the Crown officers, again, though I
sincerely believe that this power, extensive and arbitrary as it is,
has never been abused in that province, and though I feel
morally certain that the late exercise of it by the Attorney-
General, from my knowledge of that v uHeman's character, was
sound in point of judgment, as well as h yuest in intention, still
I am by no means prepared to say, considering the necessary
irresponsibility of the officers of government to the local legis-
lature, that this power ought not to have been at least put under
certain restrictions. •
'm
^
'■f" a?^f;
105
But it is in the body of the laws themseWes, fttill more than in
the mode of administering them, that I think alterations and
modifications should have been made before they were thus
sweeping^Iy introduced. The great improvements which the
last few years have brought about, in tempering the sanguinary
severity of the law of England, form the best proof that, in the
opinion of the public, that law was in many instances needlessly
and therefore perniciously harsh, even in the highly luxurious
and vicious state of society for which it was originally framed.
How infinitely worse adapted, then, must it be considered for the
mere prevention of crime among a people of such comparatively
simple habits as the Lower Canadians. It may be said that it
was open to tHe Colonial Legislature to temper the undue se-
verity of the English enactments by its own local provisions :
and this is true i but this power was certainly exercised but in
few instances, at least up to the year 1822; and I recollect
myself an instance of a man being hanged for horse-stealing
somewhere about the year 1820. Now neither of the usual
reasons for visiting this offence, or that of cattle stealing, with
the extreme penalty — neither facility of perpetration, difficulty of
detection, or a highly improved state of rural economy, requiring
special protection — existed in Lower Canada.
It would be unnecessary, though not difficult, to multiply
instances in which institutions, highly salutary in their general
ohjects, have been productive of partial evil through the inap-
plicability of some of their details to the state of these Colonies.
But k might be far from useless to consider this subject, with
reference to the all-important point of the union of the two
Cansdas, more especially as regards fiscal regulations. A law
respecting the revenue, or the mode of its collection, is introduced
from the mother country, perhaps by mere implication, as part of
an entire system, and takes effect in both Colonies. Some in-
convenience or injustice is discovered, as affecting one of the
provinces, which naturally seeks the removal of the evil. The
other, a gainer probably by the unequal action of the regulation
to the same extent that the sister province is a loser, resists all
alteration, or at all events will lend no aid from its own I isla-
ture, without which all the efforts of the sufferer are inop< ve.
i!
J
106
tf
A united Legislature, based on fair principles of equality, would
not suffer such a grievance to remain unabatH a single session.
And if my memory does not greatly deceive me, that was one of
the arguments used in 1822 in support of the union of the two
provinces vrhen that measure was all but carried by the cc^onial
administration, of which Lord Bathurst was then tfae head, and
the present Sir Wihnot Horton the representative in the Jlouse
of Commons.
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Collected from the Family Papers communicated by the Earl of Powis.
BY MAJOR-GENERAL SIR JOHN MALCOLM, K.C.B., F.R.S.
3 vol*. Svo, with a Portrait, Map, jrc, Ut. Si.
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BISHOP HEBER.
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THE LIFE OF BISHOP HEBER.
WITH SELECTIONS FROM HIS CORRESPONDENCE, AND PROM HIS
UNPUBLISHED WORKS.
By his widow.
With a Portrait engraved bjfCuuiini. Platband a Map. U vols, ito, 31. K*. 6d. \
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