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Hiotographic

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32X

SKETCH OF BUSINESS

BEFORE THE

PROVINCIAL P A R L I A M E N T

OF LOWER-CANADA

IN THE

SESSION TO COMMENCE 21st January 182G.

(Extn»ctt.'d froin iJiK quebec gazttte.)

SKETCH OF BUSliNESS, &l.

(Extracted from the Quebec Gazette. )

THE MEETING OF THE PROVINCIAL PARLIA-
MENT OF LOWER-CANADA.

the

The day appointed by Royal Proclamation for the opening of

e Second Session of the Twelfth Parliament of this Province,
is Saturday the 21st January next.

The business of a Colonial Parliament comparatively with that
of an Independent State, is of little general interest ; but in as
far as the Inhabitants of the Colony aro coDCcrned, it is of pri-
mary importance.

It is in their Provincial Parliament that the Sovereign of the
Great Empire to which they belong, by the Governor of the Pro-
vmce, meets the principal men of the Colony whom he has seen
fit to select as his LeglMative advisers, and the Hepresentativcs
of the Inhabitants, freely chosen by them, and invested with their
full powers, " to have the advice of the people of the Province
in Provincial Parliament," according to the expression of the
King's Writ of Summons, and " by and with their advice and
consent" in the language of the Constitutional Act, ' to make
Laws for the peace, welfare and good government of the Pro-
vince, not repugnant to the said Act.'

It is only in British Colonies where this high privilege is en-

{'oyed by the Colonists. British Subjects throujihout the empire
lave always claimed it as matter ut right, and it has generally
been extended to them, as early as circumstances would pirmit.
The Subject in the Colonies is thus pinced on an equal footing in
respect to free Government with the Subject in the United King-
dom ; there is nothing degrading in his situation compared with
that of his fellow-subj<: .-ts in the mother country, nothing that
need alienate his mind from them and his Sovereign; and in
respect to foreigners, wherever he goes be is a Bhitish Subject,
and assuredly may stand on a footing with the strongest and the
proudest.

The day of the meeting of our Provincial Parliament, under
such circumstances, ought to be looked to with pride, with mutu<
al confidence, with friendly feeling, as a day auspicious to the
general welfare. Those who have duties to discharge in Parlia-
ment ought to be all present in their places, prepared and always
ready to discharge these duties; their minds elevated to the dig-
nity of the siiuaiion, soaring above the Jitile selhsh passions uf
private life, and considering themselves only as depositaries of the
most important trust in society, responsible in their characters
and consciences, and eventually to be justly judged according to
their deeds.

It would be unreasonable to expect, that what oughtto be done
will always be fully done. It is useful however to keep the line
of duty in view ; every one, at least, can try to follow it, and he
may do so, with some hope of success, if he pays more attention
to his own steps than to those of his neighbours.

Krotn some oaii<!C or another, it would scoiii that wc arc rcall^'
backward in the proper business of the Lef^islature, and there
ran bu little doubt but that the general prosperity of the Pro-
vince has been retarded by the mismana;rement of its pubhc con..
cerns. Ahhough legislative enactments generally, have beetj
found nearly as often to hinder as to promote that prosperity, yet
the Legislature may effect the remedy of abuses, it may greatly
promote equal justice and the greatest possible security to all, it
may nld in the general dissemination of knowledge, and in giv-
ing additional freedom and facilities to the fair and honest efforts
of the industrious classes in pursuit of their own welfare ; the
chief source of public prosperity. While it provides for the suit-
able support of the Government, out of the common funds of
the country, it may give new energy to the Executive authority ,
and secure the able, faithful and impartial execution of the exist-
ing Laws.

It might perhaps be considered as invidious to point out in de-
tail, the apparent causes which Jornierli/ prevented or retarded
the right operation of the liritish system of government in this
country : such a course might revive irritations, and not contri-
bute to any beneficial result ; but it may be proper to advert, to
some disadvantages arising from our colonial condition and our
local circumstances, which have no operation in the mother
country, and which must have a material intluencs on our legis-
lative proceedings. To these disadvantages, when unavoidable,
we are bound to submit, as evils either altogether 'ooyond our
controul, or to be cured only with time, endeavoring to make
iheui bear as lightly as possible, keeping in view our peculiarad-
Vantages and interests, without at all alienating our minds from
the Constitution as by Law established, and which where it has
so long prevailed, ofleiing the /t'-.s'^ and most rfwr/iWe example of
Free Government, has in reality, been found susceptible of adopt-
ing itself to Jif;«> circumstances, without csscnlial changes.

In the mother country the King, the hereditary head and per-
manent representative of the state, is always personally present
in the midst of his people. Although he con do no ivrofig, that
is, by an ingenious turn given to a maxim of despotism, he can-
not act in the ordinary administration of the Government, but
through responsible advisers, he is efiectually an essential direct-
ing power of the Constitution. He is lei^aUy irresponsible ; but
his existence and happiness, the existence and happness of his
family, are inseparable from the existence and happiness of the
nation. He can be of no party; \\e k above nil. He has ser-
vants and advisers responsible to him and to Parliament ; he re-
tains them so long as they merit it, and preset ve the confidence of
both ; unconcerned in the ordinary transactions of public busi-
ness, he is still within reach of correct information, and can, and
frequently has, given an entire new turn to public affairs, in favor
of ihe general welfare. In a distant Colony like this, he can
only act by delegation ; he cannot invest his delegate in the Co-
ony with his legal irrespgnsibility, his permanency, his personal
and hereditary interest. In this respect then there is an impor-
tant difl'erence, between our Constitution and that of the mother
country.

\ ddference somewhat similar exists with respect to the arisfo-
craticftl branch of our local Legislature. The Legislative Coun-

tillors Iwvo tu>t tliat hereditary nnd permnnoiil interest in tlie di-
lony wlikh the I'cers have in F-nj^land ; they c'oiist<|iiently hart,
not that cuniiniinity of interests in the L'eniral welfare whieh the
Peers have ; yet they are cqnally ahsitluie nnd irresponsible in
their le^jislative enpacity. and inij'ht, by leavin;; the eountry, wiih-
outany vi'ry great saerifiec, withdraw thetnsilves tVoni the natural
responsibility of their acts. Althonjih they are appointed by llic
Kin(4 for lite, the appointment must he <in inlbrniation from the
Colony, and this informatiun may be erromons ; it might be
such as not to enable him to make, as he is no doubt inclinen to
make, a fair and impartial selection of the •;f;(it iiwl indrpcn-
dant proprietors throuj^hout the IVovmce, who must stand or fall
with the country, and which alone could give us a vmir «/)/»njxj-
mnliim to a House of I'eirs in En<.\land,

Although this Province has bi'i'ij sixty-live years under the
British Government, during the greater ])art of which time that
government has been in |i()ssessi(ni of nearly absolute power in
ma Colony, nothing, or perhaps worse thun nothing, has been
dime, till very lately, to promote or even facilitate the general
education of the people, who, during upwards of thirty years, have
nevertheless been Ici^dlh) called upon to meet the King and give
him their advice and consent regarding the public concerns of the
Province. Much, however, has been done, and uuich is doing bif
(h<; people theinsclucs to promole education. Their natural good
sense, and their honest intentions, have done a great deal in se-
lecting the fittest representatives which they could procure. There
is, indeed, hardly an instance of their sending to the Assembly
from the country parts, otherwise than substantial and independ-
ent proprietors, men of fair private character; the assemblies
upon the whole uniting, perhaps, as much independence, discern-
ment, education, and talents, as are generally to be found in the
representative nssomhhes of new countries. If any doubt were
entertained on this head the general consistenci/ of their conduct
would prove it unfounded. It cannot, however, be denied, that
a greater dissemination of knowledge throughout the country, by
the common means of education, would give greater energy and
latitude to the proceedings of the Asstnibly, a greater sense of
security and confidence among the people, and a more stable and
beneficial power to public opinion, whicii is the best spur and
check to legislative proceedings under all ilescriptions of free
governments.

None of the disadvantages which have been noticed are, how-
ever, of a nature to render the Constitution fruitless of the objects
for which it is established, namely, the peace, welfare, and uood
government of the I'rovince ; they only require that these objects
should be more steadily kep; , . view, and that time be allowed for
obviating the irregularities , ' 'just be the result, by experience
and prudence, and the gradu ^ progress of constitutional know-
I(\ige, which has indeed spread more rapidly amongst us by all the
attempts which have been made to arrest its course.

The matters which were before the Provincial Parliament, at
the last Session, and will probably be renewed during the present,
may be classed under the following heads :—

Ist. Providing additional support, securities and fdcilities, for
the proper operation of the established constitution of the I'ro-
vince, in promotinj; the general welfare.

2d. Greater facilities and securities for the Administration of
Justice throughout the I'rovince.

3d. Facilities to industry and trade.

4th. Relief to different portions of the subjects, and certain
Religious Associations.

5th. Facilities to the inhabitants of local diviiiions of the Pro*
vince, for the mana ';(.>ment of their common concerns.

6th. Temporary Laws expiring.

7th. Private Bills.

8th. Supply and Accounts.

Under ihe first head may be included the following :— •

1st. Bill for appointing an agent to reside in the United
Kingdom.

2d. Tribunal for adjudging in cases of Impeachments by the
Assembly.

3d. Equalization and augmentation of the representation.

4th. Facilities and encouragements for the general dissemina*
tion of knowledge.

5th. Redress of grievances.

6th. Elections.

7th. Bill to subject Members accepting ollices of profit, or be-
coming accountable forpublic monies, to vacate their seats.

Under the second head, viz : Greater facilities and securities
for the Administration of Justice :

1st. Bill for holding Courts of Inferior Jurisdiction in numer
rous local divisions throughout the country ; and improvements in
the general Judiciary System.

2d. The independence of the Judges, and providing tor their
holding their ofHccs during good behaviour.

3d. Law Fees and Sheriff's Sales.

4th. Qualifying Justices of the Peace.

6th. New Gaul at Montreal.

Under the third head, viz. : Facilities to Trade and Industry :
1st. Cessio Bonorum or Insolvent Law.
2d. Enregistration of Deeds.
3d. Lumber Act, Pilots, and Port Charges.
4th. Improvement of the Navigation of the St. Lawrence.
5th. Intercourse with the United States.
6th. Prevention of Smuggling.
7th. Damages Bills of Lxchange.
8th. Circulation of Sovereigns.

Uth. Facilitating Grants and Concessions of Land, |and the
Settlement of the Province.
10th. Agricultural Encouragements.
11th. Road Acts.

Under the Jburth head : Relief to different portions of the sub-
jects, &c.

1st. Recourse of the Subject against the Crown.
2d. Petitions of the Townships.
3d. Representation of the District of Gaspe.
4th. Clerks Markets.

'ith. llojtpitalsatid ('hnritnltlf InstiUitiont.

0th. I'hysiciaiiH niui Surgeons.

Under th«,/i/}/i head: Facilities to the Inhabitants of Local
Uivisions for the better management of their local concerns.

l!»t. Incorporations of th6 Towns.

'2d. Oasp<3 Representations and Township Petitionv

Sixth head : Temporary Laws, expiring.

1st. Extension, Gaspe Judicature Act,, exp. 1st May, 1826.

2d. Kegulatine Taverns' Licences, 2 acts, do.

Sd. Erecting Inferior District of St. Francis, do.

4th. Establishing Fairs, do.

5th. Regulating Police, Burghs, Villages, do.

6th. Hegulating Inland Trade with U. States, do.

7th. Weight of Coals, do.

8th. Agricultural Irrprovemcnts, do.

Seventh head : Private Bills. One or two were before the
Assembly and dropped.

Eighth head : Supply and Accounts.

1st. The Accounts of the Revenue and (expenditure.

2d. The late Receiver- General's defalcation.

."^d. The monies advanced and unaccounted for.

4th. The annnal supply for the expenses of the Civil Go-
vernment.

5th. Separate special appropriations.

It is intended, briefly, to notice in the above order, the nature
and progress of the several measures above referred to, and then
to mention such new measures as arc publicly reported to be
in agitation fortheensuing Session.

MEASURES BEFORE THE LAST SESSION.

FIKST HEAD.

1. Provincial Agent.— Thh measure has been before the Legis-
lature since 1807, and has, at different times since, passed the
Assembly in various shapes, but always failed in the Legislative
Council. The last attempts were iti 1S22-25, and in 1825,
when Sir James Mackintosh was proposed as the Agent by the
Assembly, by bill, with a salary of ^£'1000. Agents, appointed
by acts of the Legislature of almost all the several colonies, re-
side in England. It seems, indeed, to be a natural consequence
of the Legislative authority which (he British Parliament has
reserved to itself over the colonies, particularly for the regulation
of trade— a power which may seriously affect the property and
industry of the subject in the colonies. The experience of the
last three or four years, and particularly that of the present year,
has made the want of an agent more generally felt than ever.
During the period above-mentioned, the Union Bill was on the
point of passing without the inhabitants of the colony knowing
anything about it. The Upper Canada Trade Act, was actually
passed on the complaint of Upper Canada, without that complaint
being communicated to the Legislature of Lower Canada, and
without this colony having had any opportunity of being heard
on a matter affecting the properly of every person in it. Tlie
tirisl of these measures, odious to the great majority of the inhabi-
gCboth provinces, striking at the very existence ofthe established

r»>'

constilnliDii, oontnrv to n.itnml in-iiiT niul to fri'pf;nv<'rnni(>t)f,
iltr,ickiM|i till' Ciinihiiiu ii!;il ii/lits nl' hiili-.li sliliifcts, tl'c |ii'i-ii -
li«r rights of till' iiili iliititiits of this lolony, •>i>li'miil> ifiiHUtitct.-it,
and the rplijjjioiis piivrli'^jos penoenhly oiiinved l>v lli*- ItomnM
Cmhi/Hc^ sincf the {■orKjiiist of ('uniidn, niiil i'vlmi f hi-ir lupmnur,',
it is now, alinon iinivers<illv ai-knuwltdfj^cd, would liii\u tliiowii
the Cnnadiis into n stntc ot'aUrni and confusion, in whiih thvre
wonid have l)eun no security hut Ihrouirh the (icrmanvnt prcsi-nce
of a large military forci'. As il is, that bill has i^ivt-n the lirst
sfverc blow to the confidence in the Ikitish (iovirnment, whiih a
lonf? course of kindness had establishi'd, and Ihebunelicial oHVcts
of which WAS so sensibly felt, and fully acknowlodt^ed diiring the
last war. An afjent oi; the spot would certainly have prevented
His Majesty's Government from proposing to pass that Uill,
without Its being knotvn in the colonies : he would also probably
have enabled ministers and parliament to arrange the financial
differences between the provinces with greater certainty of justice
at least after a hearing of both pmties. IJuring the present year
four acts have been p issed in Parliament, all seriously alfoclmg
the interests of the Colonists, without their knowledge. Om- or
two of them in particular, are acts n\' intrriinl Legislation, for the
purpose of which the Colonial Legislatures are established. I'hey
alone have the necessary A)Crt/ knowledge to foisee the effects of
the operation of such laws. It is not necessary here to enter into
details. There can har«lly be any pi-rson in the colony aci]uainted
with its laws and circumstances, or the wishes of its inhabitants,
but that must be persuaded that had there been any person in
England, authorised to watch over the interests of the colonies,
some of the provisions of these laws would never have been carried
through Parliament, far less passed without the knowledge of thf
inhabitants of the Colony. Much evil, it is conceived, has al-
ready resulted, both as it respects Uritisli intirests in America,
and the interests of this Colony, lor want of an aulhori/ed agent
rebidingin England, and it may justly be inferred from the expe-
rience of the past, that much mure evil may be done, should one
not be speedily appointed.

2. TrifiHuaf for a)ljn(l^in^ tii cases of imprnchvwtit.-^lnslnw-
tionsfroin His 3Iajesly's Govermnent acknowledging the Legis-
lative Council to be a tribunal to adjudge in cases of Impeach-
ment by the Assembly, were communicated to the Provincial
Parliament in 1818, by Sir .John C'. Shcrbrooke, then Governor
in Chief. There was a part of the Message, however, which
expressed doubts of the propriety of proceeding immcdinteli/ on
that communication, although such was clearly the intention of
the British Government. The mutter appears to have been re-
ferred back to England: and a Message was received the follow-
ing year, pointing out another mode of proceeding in the case
then before the Legislature, upon which the Assumblv does not
seem to have thought it expedient to act. A copy of Lord Ua-
ihuust's despatch, upon which the Message of 1818 was found-
ed, was however obtained by the Assembly at its last Session,
and it seems that the course pointed out in the subsequent Mes-
sage, is only an exception to the general rule laid down in the
despatch, viz. that the Legislative Council should adjudge " in
all cases" of impcachmejit by the Assembly. Indeed the riglit

(:'J

right

of irnpi'!»i'liin(? in llio \»senil»Iy, nnd jii(I(»inp; by llio l.p;»isl,iti»e
(^)lll)l■ll, Nt'i'iii t(i lie part of the iiiM'os'ory I'liiirtions iliMtvci Crom
Ihi* Coiistltiitioii; nil that wns wniitinfr was nn ackDowK'il^otniMit
to th.tt t'tli'i't iVom the Crown, without which the (iovenior niiiit
have Aninil himself at a loss how to net. A jiidftmont, in siicli
ruse, by the Lofjislativc Council, would virtuiilly have the same
authority ns an Act of (he Li't^islaiure, which in whatcver/i'irnt
it may be couched, Is merely the expression of the will of the
Thrre llriMU'lu's. No proceedinjjs on LortI Batiikrst's des-
patch, and (he Messn;;e of IHIH, were hiid in the last Session.
It is obvious that h tribunal for adjudi^in^ on impeachments
would at once eslnblish n rcsponsahility amon){ all the great pub-
lic functionaries in the Province, the want of which unavoidably
carries alon^; with it, want of confidence. It oii({ht not to be
forj^ottcn, that the whole system of the Urilish (Joveriiment,
turns iijion rcsponsalnliiif in the hif^hest functionaries, universal
rcsponsability, the Kin^ bi'in<:; the sole exception: so likewise
there Is no >vernmriit which has so loner and so well merited
and beneficially enjoyed the coiiliduice of its subjects.

3. Equnlhnthm anil nu^mi'ufnlion of the reprrscnlnthn,—
In the Session of 1HI7, a liill for taking nn Kniiiiieratioii of
the popiilaiion, havin;» this amon-^st other objects in view, was
passed in the Avseinbly. It was renewed nnnujilly, but it only
passed the Le;{islalive Council and becamcft Law at the Inst Ses-
sion. l)n the reiterated petitions of the 'rownshi|)s and other
parts, whose local situation does not permit their inhabitants to
attend at the places of election for the coimties of which they
form a part, a Hill, for a (lartial nii(^mentntion of the representa-
tion, was however introduced, and passed the Assembly in tho
iiession of \B'2,7>, It was tnnended in the Council, to which
amendments the Assembly disagreed. An rslimati' of the popu-
lation having been obtained from the Surveyor General, the fol-
lowing year, a Dill for the general equalization and augmentation
of the representation was introduced, founded on the basis of thn
population in that estimate ; passed and sent up to the Council
near the close of the Session. At the last Session, the Dill was
again passed in the Assembly and sent up to the Council, where
it failed. The representation in the two last Bills sent up by the
Assembly, was encreased eighteen above tjie niunber fixed in
1792, since which time the population has probably nearly trip-
ed. On thescali- of the representation in Upper-Canada, Low-
er-Canada would have about l.jO members instead of C8, tho
number proposed, and on the scale of Nova Scotia 190. In nil
the Hritish Provinces, and in every part of each Province, except-
ing the towns, the number of qualilii d electors, bears about the
same proportion to the population ; the great majority of the in-
habitants being possessors of freeholds. The proportion of talent
in a representative body has generally been found to bear a rela-
tion to the number of which the body is composed. ]{y facilita-
ting the exercise of the elective franchise to the electors of every
part of a country, the candidates are better known to the elec-
tors, and the fittest persons are chosen truly to represent the free-
holders, upon which many of the advantages and the stability of
representative government depend. Tho body ought to be suf-
ficiently numerous not to be unwieldy. Individual influence and

(10)

views, and even Taction and party, are far le?s likely to biass m
numerous body than a small one. It is reason alone that can
permanently influence a numerous body, and knowledge, talent
and character are necessary to set it forth. As the representation
stands at present in Lower-Canada, it is manifestly unjust to
the Province and to individuals ; the character of a country, and
the good that may be done, vr 11 depend greatly on the knowledge,
talents and character which may be united n its represenlaiive
body ; the public bii>°th'. iis bear about equally on any given num-
ber of electors, the interests which are to be secured and promo-
ted in the Assembly, are about equal between any given number,
yet such has been the alteration in the location of the inhabi-
tants of the Province, that 1500 freeholders in some counties,
send as many representatives as 6000 in other counties. Alany
of the freeholders are at so great a distance that th.>y cannot at-
tend at the elections. A new population of probably 30,000
souls in the 'J'ownships, have i .alily no one chosen by them-
selves in the Assembly, to make known their sentiments and
wants.

4. Facilities and encoiiragi ments for the general dissemination
of' knouledge.—'Vhe first proceedings in the Assembly having
this object in view, were auopted on petition of the citizens of
Quebec in 1794. The Jesuits in Canada, as was very generally
the case in catholic countries, were entrusted with the education
of youth. Incapable, '3v their institution, of holding properly
for their own use, all inat they held was in trust, for the reli-
gious and civil instruction o*^^ <ie people ; they had been early
enilowed with large estates Tor this purpose, in Canada, fur
which they erected the extcns've College which is now known
at Quebec as the Jesuits' barracks. At Quebec, »nd in other
parts of the Province, they maintained elementary schools;
at the Quebec College they had regular professors and classes
of those sciences most likely to be useful in civil life, in a new
country. The conquest put an end to their college for the high-
er branches of cd :ation ; they however kopt up their school
at Quebec for so ;e time afterwards, and there are persons still
living who were ct icated there. But the Order was suppressed

British Government had claimed, and
part, the property held by the Jesuits
ime extinci. Before this period the com-
til education seem to have been gene-
('anada. In some parishes the arts of
acquired before the conquest, have been
every family without any school. The
theii* petition, claimed for the inhabitants
operty which was held and applied for
's : and the Assembly addressed the King
^. tion. The properly had been promised
to Lord Amherst, who commanded the troops at the conquest;
but finding obstacles to his title, a pension was finally granted by
Parliament as a compensation. Un the death of the last of the
Jesuits in Canada, the property was fully token possession of by
the colonial authorities in the name of the King, who has remain-
ed in possession ever since, the estates being administered in Ins
name, by Commissioners. Nothing lias however been done by

in Europe, and i
indeed possessed, i
here. The school bv
mon elements of u<
rally disseminated i
reading and writin}
transinitted in alim
citizens of Quebec,
of the country, the
their uses by the Jes
in conformity to this

(11)

the Government for the general education of the people, which
has retro<ruded since the conquest. In 1801, the officers of the
colonial administration in the House of Assembly, brought for-
ward a Hill in favor of Education, holdin^r forth endowments of
schools by the Crown, and their establishment throughout the
country. Several of the provisions of the Bill, particularly that
providing for the formation of the Corporation by which these
schools were to be managed, were strenously opposed in the As-
sembly, as not likely to promote the professed object, the general
dissemination of knowledge. Up to that time, and for several years
after, the majority of the Assembly, generally voted with the co-
lonial administration, and the Bill passed and became a Law.
The difliculties which were foreseen probably retarded the execu-
tion of the Bill. In the mean time several other unsuccessful
attempts were made by the Assembly in respect to the Jesuits' es-
tates. In the Session of 1810, a Bill for establishing Parish
Schools was prepared by a distinguished member of the Assem-
bly, but the events of that Session prevented it from being
brought forward. In 1814-15, a Bill was introduced for estab-
lishing schools throughout the Colony, on the |ilan of those of
Scotland and the New-England States, but it was dropt in the
House. It was renewed, somewhat in a different shape, in 1817,
passed, and continued annually till 1825, always failing in the
Council, or with the first branch of the Legislature. Some of the
chief features of this Bill was to place all religious denominations
upon an equalitif, with admission in each school to all children of the
division ftjr which it was established, however each religious de-
nomination having the managementof its own schools, and allow*
ing lor each school established, with a master and a certain number
ot scholars, for a given time, as an aid to cover the first expenses,
.eight hii.odred dollars. In 1824, the Assembly consented to this
Bill as amended by the Council, confining it to Catholics only,
allowing no pnk>lic money for the encouragement of schools, but
enabling the .Vabriijucs to hold property to a small extent for
schools, and to accept donations to a limited amount.

It was not till 1820, that the Corporation under the Act of
1801, was fully organized. A number of schoolmasters, with sa-
laries of about ^'60 each, had however existed under the Act,
some with a few scholars, and some without any. In 1817, Sir
JoiiK Smeiibkookk had offered to the late Roman (Catholic
Bishop, to make him a member of the Corporation, which he re-
fused, it is understood, under a knowledge of some instructions
to the Governors relating to religion and schools, aud on the per-
suiision that the Corporation was to be so composed as tc give it
the influence of his name, without his having any power to influ-
ence its proceedings. When the list appeared, it contained no
Protestants excepting of the Church of England, and only thiee
or four Catholics out of twenty-four members. All the effective
officers of the Corporation were Clergymen of the Church of
England. The chief 'direction of the education of youth in the
Province, under the Act of 1801, was thus given lootie religious
denomination, forming about the one-hundredth part of the po-
pulation. No endowments of any of the schools now under
this Corporation as was promised in the Act, has ever taken
place; the number of children educated at these schools must
be trifling and ever will remain trifling, comparatively ^vith the

number of children requiring to be educated, nolwilhstandin{;
the liberality of the regulations establislied for them : yet it ap-
pears that these schools have already cost the Province about
Thirty thousand pounds oi the monies raised on its inhabitants
generally.

The only proceedings on the subject of education last Session,
were the introduction of a Bill to put all religious denominations
on an equal footing in regard to schools, an inquiry and report
on the effects of the Act of 1801, by which it appears that the
number of scholars in the schools of the Corporation was about
eleven hundred, and an Address to the Crown to place the Je-
suits' estates at the disposal of the Legislature, to be applied for
the purposes of education generally. In the mean time, the
country is suffering both in character and its general prosperity,
for the want of the common means of education, which it is the
duty of all Governments, and particularly those of new countries,
to facilitate and encourage, as that source of improvement, with-
out which other attempts will prove little better than deception,
and the prosperity of the Province be retarded, languish and even
decay.

5. Redress of Grievances^— 'The Assembly has appointed a
Grand Committee of Grievances yearly, but has rarely proceeded
under this head, whether owing to a consciousness of the inatten-
tion of the Executive to some representations heretofore made
connected therewith, or from a happy absence of any great grie-
vance, it can best determine. A strict enquiry into all grievances,
should any such be found to exist, and attempts, at least, to obtain
remedies, are however mobt important duties of the Assembly.
It is obviously worse than useless to pass Laws, if the rights, li-
berties and interests of the Subject are injuriously affocted with-
out Law, or the existing Laws not executed, or so executed as to
be injurious to the Subject and the common weal, contrary to
their clear intentions— without there being a remedy in the ordi-
nary course of Law.

6. Elections. — There were two cases of contested Elections a
the last Session which stood over to the ensuing Session ; both
on petition, either of unsuccessful candidates or electors, who
thought themselves aggrieved. It will probably depend on the
petitioners whether or no they are taken up at the ensuing Ses-
sion. It is the duty of the House to take care that no one sit<:
in it who is not really the representative of the people, freely
chosen by them without any inducement whatsoever of private
interest ; it is due to its character to alTurd every opportunity to
those who assert the contrary to bring forward their proof; but
the presumption is in favor of the Member duly returned, till
something more than mere assertion has been made to appear
against him. It is only in extraordinary cases, thf.t the House
will take up an alledgeu violation of the freedom and purity o(
election as a breach of privilege, because in such cases it unavoid-
ably places itself somewhat in the situation of accuser and judge,
which, however necessary it may be in some cases, ought to be
avoided as much as possible, being always dangerous to the party
exercising ii,

7. Members accepting offices, <^c.— A resolution declaring it
iixpedient to enact that any Mctiibcr of the Assembly accepting

(13)

t)t to be

any office ofprnfit in this Province, or becoming accountable for
public money, should vacate his beat, was unaniinoiisly passed at
the last Session. The resolution is conformable to tiie Law iti
England, and does not exclude such member from being re-elect-
ed, if his constituents should be so disposed. A Law of this kind
is a consequence of the House being called upon to vote the ne-
cessary expenses of the Civil Government, and thereby check-
ing the public expenditures. Those who are in the receipt of
public money, or become accountable for any part of the public*
monirs, do not seem to be best qualified to check the expenditure,
or enforce a rigid accountability; and although members so cir-
cumstanced, could hardly ever form a very great portion of the
iiouse, yet there is danger of a certain feeling for them among
their fellow members, a kind of i^tt^e anc^ take disposition, a sort
of dishonesty to which there is a strong temptation when otltcr
peoples' money is concerned, injurious to the character of the
House. It is besides but just that members who accept the trust
of representing their fellow-citizens, should remain in the state
in which they were when elected, with respect to other public
engagements, or that their electors should have an opportunity
of saying whether their confidence in their representative, conti-
nues unabated.

SECOND HEAD. ■ Administration, of Justice.

lo. Judicature Bill. — Justice has been administered in this
Province under four diftlTent descriptions of Courts, within the
last sixty-five years : five years under Courts Martial ; ten years
under English l<aws by Courts constituted on English models
with English rules and forms of proceeding; eighteen years un-
der a mixture of French, English and Provincial Laws, with a
iifiixed constitution of English and French Courts, rules and
forms of proceeding and regulations of Provincial Ordinances ;
tiiirty-two years under the same intermixture of Laws, with
Courts constituted in virtue of an Act of the Provincial Parlia*
ment, and its amendments, with English and French forms and
rules of practice, established by the Courts of the different Dis-
tricts.

During the whole time the administration of Justice, criminal
as well as civil, has been very slenderly extended to the country
parts where the mass of the inhabitants of the Province reside.

Every change is at least proof of the insufficiency of the then
existing system in the opinion of those who make the change.
The first manifestation of dissatisfaction with the present system in
any of the branches of the Provincial Parliament, appeared in
1808, when a Bill was passed by the Assembly " To remedy the
want of reports of decisions by the Courts of Justice in civil cau-
ses." This Bill did not however pass the Council, andthediv j.
lutions of 1809 and 1810, and the war of 181'2, probably occasion-
ed the suspension of further proceedings relating to the judiciary
system.

In 1814, came on the Impeachments, chiefly grounded on the
Rules of Practice, and in 1815, the Courts as now constituted,
civil as well as criminal, were declared by both Houses insuffi-
cient to afford despatch, uniformity and certainty in the adminis-
tration of Justice, and an Address founded on these resolutions
was forwarded by the Governor to II. 11. II. the Pni.vtt; Kk-

CENf.

(M)

In 1816, the decision of H. \l, II. the IVincc Ucgcnt in
(Council, oti the inipeuchmeiits, led to a dissohition, iiiul thedivi-
sioii in the Assembly, which followed the abandoninuntof furthtr
proceedings in 1817, probably prevented any further measure in
resj)i'ci to the constitution ot the Courts.

In ?.8]9, His Grace the Duke of Kichmond recommended the
subject to both Houses, and a Bill in conformity to the Message,
increasing the number of Judges, forming a new Court of King's
Bench for criminal causes and appeals, &c., was sent down from
the (Council. It was referred to a Committee of the Assemblyi
and finally a Bill reported and ordered to be printed.

In 1820, there was no SesMon. In 1821, the Judicature Act
was recommended to both Houses in the Governor's Speech,
and another Bill increasing the number of Judges to twenty-one,
was sent down from the Council. This Bill was referred to a
Special Commil'ee of the Assembly, which engnged in collecting
a mass of information and opinions, but the enquiry was not
compleated in time to be acted upon that Session.

In 1822. the Civil List for the Life of the King, was the chief
matter urged on the Assembly, and soon after its decision was had
the Parliament was prorogued.

In 182,'>, some amendments to the existing Judicature Acts
were made and passed. In 1824, the Council sent down another
Dili, which was referred, and much discission took place in ihp
Assembly on proposed amendments. In 1825, a Judicature Bill
finally passed the Assembly. It however was chiefly confined to
the administration of Justice in the country parts ; the number
of Judges was increased to twelve, numerous local divisions and
terms, oflicers, and the introduction of jury trials throughout the
Province were provi' ^ t'dr, and facilities given for performing in
the country pari .itious acts for which the inhabitants are now
obliged to travel to the chief towns of their respective Districts.
'Jhe parts of the Bill from the Council regarding the Superior
Courts and Appeals, were reserved for a separate Bill. Some
amendments to the Bill sent up by the Assembly were made in
the Council, and among others, all the clauses relating to Juries
were left out. No final decision was however had on the Bill.

Such is the brief account of long protracted attempts to reform
the constitution of our Courts of Justice ; a reform allowed by
all the Branches of the Legislature to be very much wanted.

The complaints on the part of the Bench with the present ju-
diciary system of the country, seem to be that the Judges are sub-
jected to more labour than they can properly perform ; that the
Court of Appeals, consisting of the Executive Council and tho
Judges of Quebec and Montreal, (excepting on their own deci-
sions) is inadequate, and that a sufficient uniformity of decision
cannot be obtaineti. The Bar join heartily, in objecting the in-
sufficiency of the Court of Appeals, and add delay and heavy ex-
penses to tlieir clients arising from that and other sources, and
especially their distance from the seats of Justice. The inhabi-
tants of the towns are loud against expenses, delay and uncertain-
ty. The mass of the popular .on throughout the country, pray
devoutly that they may have nothing to do with the Courts or
Justice, but unfortunately, the general ignorance of what is now
the Lftw, and the hopes, which among litigious persons increase
in prc^jortion to the uncertainty of the Law, place the proprietor

('•')

the

tho

deci-

ision

in-

I'X-

and

labi-

lin-

■A

In. 1 situation to be easily brought into Court ;pc'rlia|)soalIed to a dis-
tance of a hundred miles from home, among strangers, not know-
ing in whom to confide, under a loss oT time, so precious to the
bulk even of proprietors in this country, heavy expenses of all
kinds running on, his cause possibly put olT, from term to term,
he may be nearly a ruined man in property, and what is worse,
perhaps in morals, before an unccrluin derision can be had ; and
when it does come, even in his favor, he is probably little better
off. The litigious man that has no tangible property, has alto-
gether the advantage as things stand at present: as immorality
increases, property will become more and more insecure, a mo-
tive for indus'ry, frugality and care be weakened, and the happi-
ness of individuals and families, and the public prosperity
checked. Fortunately, although the number of Law suits is
great, yet the proportion to the whole population is probably not
jet greater than in other countries ; certain parts of the Province,
however, furnish an extraordinary proportion of suits, which
shews that, destructive as it is to the agricultural proprietor to go
to Law, it still may become very general among them. Of all
things it is dcsireable that the Law be certain, placed within the
reach of its being known by every one, that it may be observed
by all, and thus uitnecessart/ Law suits avoided. If misunder-
standings of the Law do occur between parties, [and it is una-
void.ibIe,] the decision ot the .lodges ought to be had upon them,
in justice to the parties and for the information and guidance of
all others, within the least possible delay, with the least possible
expenses, and with perfect uniformity throughout the Province.
The expenses to the Province of a good Judiciary system, which
is indispensable to a good administration of Justice, is nothing,
compared with the important advantages and actiml savings u>
the community which result therefrom, Every precaution ought
however to be taken, to make it gnod ; good and pure, as far as
human imperfection will permit, like the justice of him from
whom the authority of administering it on earth is originally
derived.

2o. Independence of the Judges — The Judges in England
formerly held their commissions during |)leasure. The eviU
which were the result, from their illegal leaning to the Court in
questions where the rights, liberties and property of the Subject
were concerned, brought several of them to the scaffold under
Parliamentary Impeachment. Their commissions and conse-
quenily their salaries were afterwards secured to them during
good behaviour, still subject to impenchment, and also to removal
on Address of both Houses of Parliament. Their commissions,
however, remained liable to the ple.isure of the successor on the
demise of the Crown, and this inferior degree of insecurity, was
removed at the beniflccnt suggestion of llis Lite Gracious I\Ia-
jesfy Geo. III.

'rhe old system has however been continued in the Colonies
generally ; it must be confessed, however, guarded agiiiiist abuse,
as far as the home Government is concerned, with great discre-
tion. But when abuses became so notorious in England under
the eye of a most enlightened and public spirited people, and
subject to parliamentary Impeachment, it is not necessary to en-
ter into a very minute examination of abuses which may exist in
a Colony, from the want of independence of the Judges wlucli

(16)

it was round necessary nirthcr to secure in England. In this
Colony, in particular, that independence with a similar responsa-
bility, is peculiarly necessary, to secure entire confidence, where
the Judges are both Judge and Jury in civil causes, and where an
intermixture or the Executive, Lep;lslative and Judiciary func-
tions exists to an extraordinary extent in the person of the Judges.

The securing of the independence of the Judges was one of
the objects prayed for by the Assembly in its Address to H. 11.
H. the Prince Ukgent in 1815, on the subject of the Judiciary.
Proofs of uneasiness on account of the great intermixture of
^Executive, Legislative and Judiciary functions in the persons of
the Judges, are to be found in Bills sent up by the As>embly to
the Legislative Council, at various periods, with a view to a re-
medy. At the last Session it was unanimously resolved, to pro-
reed upon this subject at the ensuing Session.

3o. Law Fees and Slieriff's" Sales. — On the first of these very
important subjects, as affects the cost to the parties applying
for Justice, various resolutions were agreed to by the Assembly at
the last Session, and a member of distinguished talents had leave
to bring in a Bill in conformity thereto. The contemplated
change seems to be to give salaries to the officers of Justice, in
lieu of Fees. What mainly interests the public is to be relieved,
from heavtf costs generally, as far as a just compensation to those
whom they are compelled to employ in order to obtain justice, will
admit. With respect to the second. Sheriffs' sales, the Jailure of
the late Sheriff^ of the District of Quebec, to the amouut of up-
wards of Twenty-five thousand pounds, a great part of which
amount was money put into his hands bu Judgments of Court,
in some cases nearly the whole dependance of widows and or-
phans, has probably suggested the i lea of suffering the amount
of sales by the Sheriff, to lie in the hands of the purchaser on se-
curity, till final distribution by the Court, which, it is understood,
was one of the objects of the Bill rel.iting to Shorifts' sales, sent
up by the Assembly, which failed in the Council last year. The
immense quantity of property which undergoes the ordeal of
Sheriffs' sales, renders them an important subject of Legislation,
with a view to give the best security to all interested, guard
against abuses and unnecessary expenses, which are generally
paid by those who are already unfortunate.

4o. Qualifi/ing Justices of the Peace: — A Bill to this effect was
sent up last year, and failed in the Council. Such a qualification
seems however lobe required to ensure that rcsponsability in ac-
tions of damages brought, in the event of ille<!al conduct t>y Jus-
tices of the Peace in the exercise of the extensive powers of their
office. Without a qualification in real property, the Justice of
the Peace has but a very limited rcsponsability, and the subject a
similar security. In appointing Justices of the Peace, the Exe-
cutive must always intend that the Subject, in case of the abuse
of his powers by the Justice, should have that security for dama-
ges which the Law contemplates, but it may not always be easy
for the Executive to avoid being led into error in this respect.

5o. Montreal Gaol. — On the repeated presentments of the
Grand Jury of Montreal of the insufficiency of the Gaol of that
District, a resolution was adopted in the Assembly at the last
Session, concurrmg in the opinion of that insufficiency, and a Bill
passed which finally became u Law, granting £'200 for a plan ot

(»7)

f new Gaol. It is not yet twenty years since new GaoU at Qup<
bee und Montreal were built at a very great expense, out of the
genernl funds of the Province, under the direction oF Commis-
sioners appointed by the Executive ; frequent grants of money
for repairs have also since been voted, and complaints have long
been madcof the insufficiency of both. Some idea may be form-
ed of the way in which these things have been mannered in this
Province, wlicn it is known that un ihc 21st March last, there
was upwards of ^l6,000, " monies advanced on Letters of Cre-
dit" tor Gaol building and repairs, in dillereiit parts, •'which
still remained unaccounted for," according to a statement laid
before the Asset b'y on Address, signed, " by the Chairman of
the Coinmltteei ' the Executive Council for the Audit of Public
Accounts." Se«eral of the accounts, it is understood, have been
rendered, but are judged defective in some respect or other, and
bome have never been rendered. Sir John SHEasRooKE, whp
was an English man, and had the notions of a man brought up
under an English Government, on some difficulties being made
by a person entrusted vyith public money, who was required to
account, could not comprehend him for a very long while ; at
length Sir John thinking he had a glimpse of what the gentle-
man meant, said : " Well then, Sir, am 1 to understand thut you
think yourself too great a gentleman to render an account?"

Third Head.-- Faciliiies to Trade and Industry.

1. Ccssio Bonorum.—\ Bill to remove all doubts respecting
the cession of the property of Insolvents, according to the an-
pient laws of this country, understood to be similar to the Scotch
Insolvent Laws, passed the Assembly in 1824, was again renewed
and sent to the Let^islativc Council at the last session. The
Assembly also passed a resolution at the last session, that it was
expedient to abslish imprisonment for debt (conlrainte par corps J
in certain cases. The complaints of the mismanagement of the
Estates of Bankrupts in this Province, are now nearly universal.
Imprisonment of the Bankrupt, which exists in several cases. It
IS acknowledged, offers hut little security. It is almost impossi-
ble to carry on any extensive commercial ousiness without giving
credit, which, in fact, by an advance of capital, gives profitable
employment and new life to industry. When credit has been
^ iven, and the debtor is unable to fulfil his en;;a<.'etnents, his
property ought to pass into the hands of liis creditors, in the sim-
plest and least expensive manner possible : it is, in truth, theirs ;
and the debtor, unless there has been fraud, (alw.iy.s requiring pu-
nishment) ought to be permitted to follow such industrious
course as will prevent himself and his family from becoming bur-
thensometo the community, and render him useful to society.

2. Enregistratioii of Deeds. — A bill for this purpose was passed
in the liCgislative Council many years ago ; and renewed in
another shape in 1824. Great insecurity in the titKs of land
in the free and common soccage grants, and uncertainty in
respect to the charges thereon, had long existed, from the impro-
vident manner in which these grants were made, and looses und
evils had also resulted throughout the proTincc, from the igno-
rance of the laws by which real property is regulated, on the

Eart of those who were concerned in transfers of land. The
;ill has however hitherto failed in the Assembly, At the las-t
Session it was resolved, fut March,] yeas 15, nnyst;, " that u is

(18)

expedient to pro*ide that more ample publicity to certain actes
passed before notaries bearing niortga^^e, be afTurded in the
subdivision of districts." This resolution isan acknowk-drrment
of the necessity of Register Oflices on which the Assembly
heretofore appears to have been about equally divided. That
there should be some mode whereby a person wishing for credit, or
to dispose of his real property, should be able to show to a cer-
tainly, and with little cost, the state of that property, cannot but be
beneficial to the parties concerned, and to the public, as it prevents
fraud, gives security for the investment of capital, and consc*
quently activity to industry. The evil which it is intended to re-
medy, hot having been uenerallyjelt throuj^hout the country, there
exists on this subject, among the proprietors, a certain dread of the
creation of useless ofHces and expenses, which has been su fre-
quently rather the result of legislative enactments than the good
intended. The principle being admitted by both houses, it can-
not be long before provisions to give it effect arc embodied in a
law. The principnl difliculty seems to be in the entire want
of the legal orgiinization of the counties fur local administration,
which has not yet been established in this Province.

S. Lumber Act, Pilot Dues and Pari Charges.— Many amend,
tnenis to the Lumber Act were proposed at the last session, but
contending claims between the shippers and the cullers, caused
them to be laid aside, and the act merely continued. A bill
amending the Trinity House Act, affecting pilot dues, harbour
regulations, &c., introduced on a resolution of the House, failed
for want of time. The complaints of a burthen on the trade,
from the insufficiency of port regulations, charges, &c., are very
general among the mercantile classes. When it is considered that
our exports must enter into competition abroad, with the exports
of other parts, that every burthen on the trade, in fact, tcnils to
prevent it from maintaining that competition, thereby, destroying
both the foreign market, and that part of the home market caused
by the influx of shipping and strangers engaged in carryin<{ on
the ..ade, the importance of giving every facility and protection
to those engaged in trade, and removing all unnecessary bur-
thens therefrom, cannot fail to be generally felt. All charges, as
well as losses, on account of inadequate regulations, must ac-
tually operate as a diminution of the price which the merchant is
enabled by the state of the foreign market to pay to the producer
or holder of the article here, and consequently diminishes their pro-
fit, comfort and prosperity. The merchant, to be enabled to carry
on trade, must have a fair profit on his capital, and a cutnpensa-
tion for his services. Competition will allow him nothing more.

4. Improvement of the Navigation of the St. Lawrence.— This
subject was under the consideration of the Assembly at the last
session, in the petition of the St. Lawrence Association, and
on the report of a special committee. The water communica-
tions of the ('anadas are unequalled in any other part of the
world. The St. Lawrence, in its natural state, 7iow affords a com-
munication throu<;hout both provinces, extending to the sea,
•« the highway of nations," through which an exchange of com-
modities may be carried on with ease, and with little comparative
expenses. The population of both provinces is situated at short
distances from the St. Lawrence, and its w.nters, with, frequently,
the advantage of navigable rivers, falling into the St. Lawrence,

(19)

No cnnni could tvtr compete with the St, Lawrenct, if it v/ttt
rendered navigiible throu((hout ; it would draw off the trade to the
sea from every part of its waters, us naturally as it conveys these
wutfrs to the ocean, wiihout ed'ort, without heavy expenses, and
cost of repairs. Whatever art nnd artificial regulations may do
to the contrary, trade will eventually revert to this natural chan-
iii'l. Thf eye of peniiis, fortified by science, untrammelled by
a spirit of servile imitation, is, however, necessary to point out the
most suitable itr.provL-ments, under circutnstances altogether un-
like those of any other country. The objects to be gained are
time, and the avoiding the existing necessity of transhipment.
If vessels of a surticient capacity for a sea-voyage cannot be made
to reach the highest points of the deep water of the St. Laurence,
the most suitable vessels fur the navigation of the highest navigable
parts of these waters, ought to be able to receive transhipments from
the vessels arriving from sea, and carry them to their chief
places of destination , without further transhipment. The labour,
expenses, insecurity, loss of time, and injury sustained in repeated
transhipments, is one of the greatest impediments to the exchange
of cotrimodities. The improvements ought to begin from the
head of the present ship navigition, and be carried on at once,
on a scale not to require any further transhipment for goods
to be landed at any place on the shores of the St. Lawrence or
lakes. Improvements of the St. Laurence of the nature referred
to, would actually render all the American canals tributary to the
St. Lawn-nce, and enable the western parts of the States of New
York, I'ensylvania, and the country on the Ohio, to send their
produce to the ocean, and receive their supplies by the St. Law-
rence, at a cheaper rate, than by any other communication. But
are we ripe for an undertaking like that contemplated ? which
would certainly cost less, however, without so much future re-
pairs.than the New Yorkcanal. We have credit; but can we secure
Rsullicienilyable, responsublo, permanent, nnd economical mana-
gement ? Can we gtiaid ourselves against the palsying curse of
favor and jofts? If not, we ought to content ourselves with the
speediest and least expensive temporary iinprovements, and the
sd/est management which can be devised ; under a certainty, that
the gr.'atand durable improveinents cannot be far distant.

5 & 6. Intercourse willi the United Slates, and prevention of
Smjigslins- On the first, there was a report of a coniiniitee of
the I luuse of Assembly, on the 11th March, recommending an
ejclensirn of the existing intercourse, but it came toolatctobe
effectually acted upon. The colonial act regulating the intercourse
was, besides, to expire the ensuing year. The recent acts of the
Imperial Parliament, however, seem to preclude any colonial in-
terference with the commercial intercourse whii h they have esta-
blishi.d. The bill sent down by the Legislative Council for pre-
venting smuggling, which was postponed by the Assembly, it is
supposed, will not now be deemed necessary.

7 & 8. Damages Bills of Exchange, and Circulation oj Sove-
reigns. — A bilHor giving, the damages, 10 per cent., clear, on
the amount paid for the Bill, instead of on its nominal amount,
was introduced in the Legislative Council, but did not. finally,
pass that body. According to the comtnon rate of exchange at
present, »he damages allowed are no damages at all, nor even in-
terest for the money, aad are an inducemtnt to fraud, and cer-

!•!'

Uiniy injurious to the trade and confidence. Thccdmmiitce oftM
Assembly, on the bill from the Legislutive Council, for focilitating
the circulntion of sovcreijjns, did not report, the members probiibly
concluding, from their own feelings on the subject, that there
rould bi> no difficulty to thi-ir effectual airculation, either by the
singU' piece or in pre iter quantities.

9. Facititatinji Grant.% and Concessions of Land, and t/ie set-
tlement of the l'rovince..—'lhis subject was recommended to thu
liCgislalure by Lord DAtiiousiK, in his first speech at the opening
of ihe Session in 1831. The matter was referred to a committee
of the Afisembly, and has been acted upon at each session, in-
clnding 1824. 'I'he reports of the committee have been published,
and throw much light on the subject : hardly any other good has,
however, been as yet accomplished. The subject naturally divides
itself into two heads : — 1st. The settlement of the British grants
and the waste lands of the Crown. 2d. The settlement of the
grants made by the French Government. On the 1st, pursuant
to a recommendation of the committee, a bill was passed tending
to enforce the Royal Instructions with respect to these lands ;
but which did not pass the Council. On the 2d, a bill fur en-
forcing the ancient laws, respecting the seigneuri.«l grants, waft
twice passed, but met with the same fate in the Council, 'i'he
Chairman of the Committee being absent, only the bill relatmg
to sei<rneurial grants was renewed last session. It appears that
tiicseigncurial grants wcremadi>, in the same spirit as the liritish
grants, for the benefit of actual settlers, and that on refusal of the
seigneur to grant at the usual rates of the seigneuric, the French
Kin<rhad provided, that the granting of the l<md to the intended
settler, according to the original intention, should be resumed by
him, and for the benefit of the Crown, and be made at the suid
rates by the Governor and Iiitcndant. This power had been
exercised previous to the cuiujuest, and appears to have been
effectual in kee|)in;; the seigneurs within the limits of the luw ;
the usual rates must certainly be considered ns having been estab-
lishcd before the conquest ; but since that time the law has not
been enforced, and several seigneurs have acted as if they could
exact, for wild lands in their possession, any rent ihey please ; in
fact, that they were at liberty to impose such conditions as would
frustrate the object for which the land was granted to them, narne-
Iv, the settlement of the country; that some of them have impeded
its settlement and prosperity by these means, there is very little
doubt. Every grant of waste land in Canada, to individuals,
whether under the French or British Government, has been
made for the purpose of settlement, and subject to tliat condition,
the fulfilment of which never can be optional with the holder.
The French grants were virtually in trust for the actual settler,
excepting a domain which the seigneur was entitled to keep for
bis own use. 'ITie last bill sent up by the Assembly went only
to authorise the Courts of King's Bench to adjudge on complaints
reserved by the old laws to the Governor and intendant. It how-
evt'r failed in the Council.

It cannot be long allowed that it should be in the power of arvy
i ndividuals to hold extensive tracts of land in a state of wilderness
—lands actually given for the purpose and on condition of regrant
to actual settlers; that they should say, " I will hold them unless
you consent to bind you and your heirs and assigns for ever to con-

(-'!)

editions, which will give mc and my assigns tlic Triiit ot'yuur and
their Ixbuur fur ever, and make you Hctuully my .siuves, while yuu
and your families are to provide yoiinlt' with t'uud and necessaries.
You may indeed go to another seigneur, fjr from your home,
relatione and friend*, where only you can obttiin that assist-
ance and support which will enable you to cleiir a new limd.
The law is the same for him as for me, and if I am entitled
to make my own conditions, so i» he ; you may go farther and
fare worvc." No gnvcrnnient can long countenaiici-such powers
in individuals, over that class, whose hard labour, under a hard
climate, has reclaimed this country from an entire wilderness, and
given it its chief value, and particularly value to these wasiu
and unoccupied lands, which, before they can be permitted to im-
prove, the settlers npiust submit to tmi/ cunditions which those who
only possess them for the use Of the settler, miy now please to
impose, Every one is at liberty to do what he please;, with his own
property, but these lands are held by the seigneurs undir un obli-
gation to grant them to settlers, on the usual conditions. So far
as the seigneur's property in these lands goes, he may indeed do
what he pleases with them; but no one can beat liberty to do
what he pleases with what does not belong to him. it is but
justice, however to say, that such a pretension has been urged only
by a portion of the seigneurs, but if it is maintained, it will be
claimed by the greater number. The effect of ihe law lately pass-
ed in England, if the rights of the inhabitants of the province are
not preserved by the Governor and Council, would really give
to the seigneur what belongs to every man intlic country desirous
of settling upon new land. It would be an operation more unjust
to the agricultural classes, (and equally injurious to the country,}
than it would be for the Government :o put the agents of Town,
ships in full possession of nil the waste land, within the reiich of
settlers, as proprietors, to do as they please with them, without
any obligation to grant or settle. The Imperial I'arliainenl ne-
ver could liave intended to sanction such an Act of injustice, fur
both m the provision for escheats and in the Act in favor of the
Canada Land Company it has maintained the obligation of settle-
ment, on pain of conjlscntion,

10®. ylfrriciiHural Encouragcmettts. — An annual Grant has
been made since 1818, for agricultural premiums. It was conti-
nued last year, and although the bene/it derived seems to be less
considerable than it ought to be, the fic(iueiit exhibitions prepa-
ratory to the awarding of these premiums, serve to bring ihe
most approved slock and produce under the eye of practical far-
mers, and keeps Ihe public attention alive to iinprovemenls in
agriculture.

11 ° . Jioad Acts. — A long report on the alledgcd imperfections
of these Acts was made last year, and a temporary Bill remedy-
ing some of the most pressing inconveniences passed. The ge-
neral principles of these Laws are that every proprietor is subjict
to the making and repairs of the main road crossing his laud,
and to his share of other roads legally established in bis neighbor-
hood. It is rather singular that after an experience of thirty
years of a difTerent system, a IJill founded on tlu; same principle
as the Lower-Canada Iload Laws, is now before the Assembly of
Upper- Canada, introduced by the Attorney General. Tht- l^ow-
cr-Canada Koad Laws are contained in two Acts, which ought

(■J2)

to be lili'iidcd in one. with kucIi iilterationK as experience, the hen*.

([iiiile in tlit'sc matters, miiy have c-leArly pointed out, partieulur-
y ;;uar(liii^ ii<{iiinst the freqtunt practice of aKCiibing to the La#
the t'iiiiliy execiiiion of it. \V«;I| founded complaints exiiit
on this huiid : the Grond-Vi^t/frs, the Justice* of the IVhcp,
and ihi' Qiiartcf Sessions, nro to (five activity to the whole sys-
tcm : hilt iho Districts are l)eiome too i-xtitisive, for the most ac-
tive tinind- t'oi/L'rs ; mid there is no such thinj» as a Quarter Ses-
sion, or hardly any Session of Justices out of (^uibec, Montreal
And Tlirie-Uivcrs -, tu these the Uoad ollicers and others a;;-
gricved have to come, and the expenses are such as \o deter front
piosecutions, nn4 ewn render thi-irellorts odious and unavailing.
To travel perhaps a hundred miles to pvl a new Uoad opened or an
•Iteration of tho old, prevents improvements, and tlieexpcnoes are
>U('h as new settlers dnru nut encounter, i'he lonrfu'vn of the
Grand- Vnijers are however extremely useful ; upon the whole, in-
comparably more for the upci)in)X nnd improvement of roads du-
rinj? the last ten years has been done by the CI rand- Voi/rrs and tho
inhabitants lhem^elves, than by the appropriations of between two
and three hundred thousand dollars by the Legislature for roads,
of which hardly u trace is tu he seen. Such however in the nattt-
ral result of imitations of other countries, applied under circum*
stances essentially different.

FouuTii iiK\n.—-Iteliift(} different portions qflhe Subject.

1 ® . Uccoiirsc against the drown. The King cannot be ^ued
in his Courts. It is understood thit by decisions of our own
Courts, public oiHccrs cannot be sued for engngoments entered
into by them in their public capacity : so that really the Subject
may stitfer without a remedy. In kngland there is the petition
of right, which is decided upon in legal form. The Hill intro-
duced at the last Session by a distm^iuished advocate, was intend-
ed to give a similar relief to the Subject here. It however fail-
ed in the Legislative Coimcil.

2 ° . Petition of the Toiimships.— 'These Petitions have been
frequent and pressing, complaining of various grievances. In-
deed from the distance of these settlements from the St. Law-
rence and other old settlements in the Province, the principal po-
pulation of the Townships being along the American frontier,
separated from the rest of the IVovince by many leagues of fo-
rest, they have been left, till within a few years, almost without
government, and arc still without representatives to make known
their wants. The inhabitants being chiefly from tha United
Stales, were not well acquainted with the Laws under which they
had come to live, and could not learn them by the administration
of them, which could not be said to exist amongst them. Largo
sums of money voted at various limes by the Legislature, have
been employed to assist in opening roads to enable them to reach the
other parts of the Province, dispose of their produce, and pur-
chase their supplies, but they assert, to very little purpose ; and
now that their usual communications wiih their neighbours on
the other side of the American line is threatpnvd to be interrupt-
ed, their situation is more distressing. They must have sutfered
much, and must still suffer more, if nothing is done for iheir re-
lief. They were invited into the country, under the authoriiy of
the British Government, lands were granted to them by the Bri-
tish Goverment, where they are now located ; they have incteased

('-'•'')

Ut about r<0,00(> <iouli; and it \% too lot* now to qiipMion thr ixt-
Jii'jr uC liiyiiig th« tvliolu t'i'oiitifr open (u (lit- LliiitfU Suites i it i-i
done; the |U'o|>lv (here are erttitled to n/mtl ri|;lus, (troieituMi uiid
fucilitiea un those of other parts of the country, without any dis-
titiction whatsoever; and they ou^ht to have tht* full benefk of
thi« principle, which alone c.\n secure |)o.ice, ^uud feilu));, and
thu interest!! of the liriiish (iuvernineiit in North America.

3°. (,',7V»rf I'etilion.—''lh\>i\s another District detached from
the rpstof the J'rovinco ; which, till lately, had been i^reatly ne-
glectt Much lid« recently been attempted for iheir adv.tnta^'e,
the result tit' which is not yet unlliciently known. They forwaid-
e<i additional ii'pKsentations last year, which were repurled on i
bu* for the most pail, d'-ferred till the next Session,

4 * . ('ti'ik iifilie .1/ar^\.7.«.— (-.'oinplamtH of extravagant charjjen
for weigliiiiK country produce, and prejudicial regulations con-
cerning articles brou^^ht to the Market at (^.ncbcc, were submit-
ted by i'eiitiun in lH'^'.', and it appeared, on the iiMtter being
brought before the House, that there were similar com|i!a:nt8 at
Aluntreal and Three- Rivers. I'eople in some instances, are com*
pellcd tu get their produce weighed and pay a fee, whether thev
HiiW it or no ; buyers and sellers, when both agreed, are prevented
from dealing withuut weighing and paying a fee. i'rodnce
to be allowed to be exhibited in open market iss'ilijected to a fee.
In some instances the fee for weighing is a great proportion of
the usual price of the article. 'I'he rules of pulice under which
these exactions arc made, arc sanctioned on being made, by the
Judges of the Courtof Kings liench, before whom the aggrieved
must go fur redress, and argue the illegality of the regulations.
A Uill to establish greater freedom for the exposure and sale of
produce, and fur agreements between buyersand sellers, and al-
lowing reasonable fees tu the Clerks of the Markets, when either
party requires weighinj^, liuii twice pu^,sed the House of Assiiin-
bly.

5*. Hospitals, i^-c. a7i(l Practitiniers of Phi/fic and Surarri/,
••■Aunual votes for Hospitals, in addition to the charitable foun*
datiuiis instituted in the time of the French Government, have
been made for some time past, as well with a view of relief to
•trangers and transient persons, as for the dissemination of medi-
cal and cliirurgical knowledge. A liill has been tw ice passed the
Assembly requiring additional qualilications for Students uf l'hy«
SO and Surgery, providing additional securities that they are (jua-
lilied, before receiving licenses to practice , and giving ilif i>, iu
the difl'ereiit Districts, a kind of corporate existence, wiih a view
to ensure the greater respectability of the profession, i'he liills
however failed, from a dillerence of opinion be;ween the two
Houses, chicHy on the constitution of the 13o:n'd of Examiners.
When individuals arc left free to follow any business tor the r
own profit, there is no danger to the public. The general Laws
against force and fraud are quite sullicieiit. The public employs
them only if it seems advantageous, aiid compeuiiun soon sett
every thing right; but when the public authority invests any indi-
vidual or individuals with the exclusive privilege of being em-
ployed by the public, it weakens the check of co;i»|)elition. It
then becomes the duty of the public authority to guard the com-
munity against abuse, by taking every precaution ihat those so in.
vested with an exclusive privilege, shall be well qualified to serve

(24)

the public: it is bound to take care that its certificate of qualifica,
tion is not a passport to impose on the community ; and that this
certificate is not degraded bv being held by unworthy charac-
ten. The respectability of the professors of every science is of
greai importance to the community, as a means of bringing for-
ward therein the best talents, and as the best security for their use-
fulness. The medical profession is become numerous in this
country, and nothing ought to be left undone thatcau aid in pla-
cing it on the most respectable footing.

6°. Dissenters An Act to establish the form of Registers

of Baptisms, Marriages and Burials, was passed by the Provin-
cial Parliament in 1795. It extended to "each Parish Church
of the Roman Catholic Communion," and also to " each of the
Protestant Churches or Congregations wiihin this Province ;"
and "the Rector, Curate, Vicar or other priest or minister doing
the parochial or clerical duty thereof," were required to present
Registers to be authenticated by a Judge, in which the Baptisms,
Marriages and Burials were to be entered. A difference seems
to have prevailed among the Judges, how far the Law compre-
hended ministers of different congreguions of religious worship-
pers. On the refusal of Registers to certain description of Dis-
senters, it appears that the refusal was held to be good, in the
Court of Appeals. The Weslcyan Methodists, who, it appears,
had been refused Registers, petitioned the Legislature, and a
Bill extending to them the privilege and duties of having these
Registers was passed the Assembly, and returned amended from
the Council, with such formalities and restrictions as those acting
for the petitioners at Quebec, did not think corresponded with
the interests, feelings and character of the Wesle^an Methodists.
Baptisms, JNlarriagt-s and Burials are in some respects differently
viewed by different churches or religious communions ; in all
they are usually attended with religious acts and ceremonies, and
as such, they ought doubtless to be performed by the minister of
the religion of the parties. The requiring of these acts to be
enregislered is for civil purposes ; those who perform the reli-
gious act are the persons upon whom the duty is imposed. To
require the interference of a clergyitian of a different religious
belief, seems to encroach upon that freedom in religious matters,
which is correspondent with the prevailing opinions of the age.
it may be thouglit a hardship, an humiliation, and may bean ad-
ditional expense thrown on those of a particular religious belief;
and an advantage, a superiority bestowed on others at their ex-
pense ; others in whose religious belief they do not participate,
and in whose religiuus ministry they have not confidence. There
is certainly a spirit of charity in religious matters, generally pre-
valent in this country, beneficial to its quiet, and the harmony of
society, which must ultimately prevail, in allowing to all religious
denominations equal privileges ; the want of which has proved so
injuiious to that christian spirit, in other countries and limes.

FIFTH HEAD. — Facilities to the Inhabitants of local Divisio7is.

1 ®. Incorjioration of the Toivns. — Bills for incorporating thp
Inhabitants of Quebec and Montreal, have passed the Assembly
annually, for sevcw' years past ; but have failed in the Legisla-
tive Council. The present management of their municipal con-
cirns is vested in the resident and acting Justices of the Peace^

(2J)

wttli each ii Chairman, to whom a salary is severally paid of ^JOO
IK>r annum. The money for the uses of the Towns is raised by
assessments on real property, not exceeding six pence in the
pound of the yearly value, and by other taxes of inferior conside-
ration. Generally speaking, since a salary was allowed to the
Chairman, the Justices have not been very regular in attending
to their duties, which are gratuitous. They seem to have thought
that every thing should be done by those who were paid. It can
hardly be expected that all the Justices would be well qualifled,
ns being materially interested in the prosperity of the Towns,
and that those so qualified would continue for an unlimited time,
to give their attendance to a troublesome and sometimes quite
unpleasant duty. There has however been much improvement
of late in both Towns : still they fall very short of Towns of
equal magnitude which are managed by Corporations. The ma-
gistrates often meet with a spirit of opposition, arising sometimes
from misconstruction of their acts, at others, from supposed par-
tialities for different parts of the Town ; and instead of the pub-
lic spirit of the inhabitants being directed to improvements of the
Town, it is frequently directed so as to arrest them. The majo-
rity of the corporate body would generally carry along with it the
majorifv of the inhabitants, who in the end here, as well as in
other I'owns, would eventually pride themselves in promotingthc
common adviint»ge, improvement and respectability of their
Town, in all of which they have a real interest. The inhabitants
with a power of making municipal regulations, of raising money
on tlirmseluc.i for the use of the Town, if things went wrong
would only have themselves to blame, which must end in their
doing better. Our Towns cannot certainly be compared, as re-
spects the state of those thin^. that require to be managed in
common, with Towns where they are managed by persons chosen
for a term by the citizens, and where the latter have a voice iii
the management of their own common concerns.

•2 ° . Gaspe Iteprescntation.— The affairs of this District, are
so different from that of any other in the province ; their repre-
sentations deferred to the present Session are so numerous, that
it has been suggested whether they ought not to be entrusted with
powers for the purpose of local management. The 'J'ownships
arc nearly in the same situation with regard to the diiicreiicc of
their local concerns from those of the rest of the IVovincc. It
is almost impossible to conceive how the common concerns of a
Township, or settlement, of a mixed population, where almost cv-
piy man is a cultivating proprietor, independent of his neighbor,
is to be managed, unless it be by giving them a corporate capaci-
ty and powers. It seems in fact to be inseparable from the Tc-
imre, and generally prevails wherever it lias been introduced. It
is certain, as far as our experience goes, that no Townshij* will
ever be in thriving condition without it: and with it all the world
sees how they thrive elsewhere.

The following curious historical document on the subject of
the earliest proceedings in the Provincial I'arliamcnt concern-
ing the Townships, is copied from the Journal of the Assembly
<jf 18ns.

On a Hill being referred to a Special Commitcc, "to authorize
tlic appoiiitiiicnt of Cominissioiicrs to hear and lepoil upon
<:laims to IaiiU!> in tliis I'roviiicc, in certain cu^>e:t"

■

" IMr. Hi (lard moved, seconded by Mr. Ttuchcrenu :

«' That it he an inslniclion to the Committee, to take into con-
.'.ideration the alterations it may be expedient to estabhsh con-
cerning the nature and conscnuences of (rranting lands in free
and common Soccagc in this Province, and the precautions ne-
cessary to be adopted in making such grants, for preventing tho
introduction of strangers, who may diffuse and spread principles
contrary to those necessary for preserving this country to His
JVlajcsty's empire."

On the previons question ; that the question be now put ? the
House divided— Yeas 5, Nays 9.

It was resolved in the same Session toeonsider the same pro-
position in Committee of the whole, which sat and obtained leave
to sit again — Yeas 8, Nays 5. Finally the Committee rose with-
out reporting.

On the 9th April, the House was in Committee on the Bill
lor appointing Commissioners, and rose without reporting. On
the 14th the Legislnture was prorogued.— ——12th Jany. 1826.
siXTii n'EAV.— Temporary J^aws.

Nine of these expire on the 1st of May next ; viz. Extension
of the Jurisdiction of the Court for civil causes for the District
of Gaspc ; two Acts regulating the granting of Tavern Licen-
ses ; the Act erecting the District of Saint Francis ; the Act for
regulating the Police of Boroughs and Villages ; the Act for
regulating the Inland Trade with the United States ; an Act for
regulating the weighing of Coals; an Act to remedy abuses pre-
judicial to Agricultural Improvement, &c.

The question of the continuance of these Acts, with or without
amendments, must depend on the knowledge possessed by the
JMembers throughout the country of their effects, and the repre-
sentations of those particularly interested. Every Temporary
liaw is in its nature an experiment ; which is made with little
danger, when the Law expires at a certain and not far distant pe-
riod. The difllculty which has been experienced in the repeal of
l,aws, not answering the purposes intended, or under which abu-
TiL's have existed, difHcult to be checked, has probably induced the
Legislature, to limit the duration of a great number of Acts.
SEVENTH HEAD.— Pnw/e mils.

Tho revival of those which failed at the last Session, of cour-se
depends on the individuals and localities chiefly interested therein.
EIGHTH jiEAi),—Suppli/ and Accounts.

1°. Accounts of the lievenue and Hxpenditure.^Thcsc are
laid before the Legislature annually. It is understood that Sir
John C. Sherbrookk, shortly after his assuming the Govern-
ment of the Province, represented to His Majesty's Principal
Si.'cretary of State for the Colonies, that the Provincial Accounts
were in an unsatisfactory state. The Governors of Canada have
always been particularly charged by their commissions and in-
structions, to watch over the receipts and expenditure of the Pro-
vince, and transmit regular accounts thereof. The practice had
been to have the accounts examined, checked and reported on by
the Executive Council; thoy were then sent home for the final
Audit at the Treasury. So 'ong as only the monies received un-
der Imperial Acts and from the Military (.'best were to be ao-
iMuntod for, the business was simple : but when money cnme in
jIso (rum duties inidrr t'uliiuial Acts, and payincntsi were niad»t

the Bill
ng. On
■. 1826.

(27)

under the authority of Coloni.il Laws, it became more complica-
ted. A scale of civil expenditure was tbrmerly established by
the Treasury ; but it was increased in the Colony, sometimes
upon the authority of Letters from the Colonial 13epartment,
sometimes, by Colonial Acts, sometimes without Colonial Acts :
so that the Auditors at the Treasury, could hardly know how to
check the accounts transmitted by the Governors, as reported on
by the Executive Council. The Receiver Generals, kept only
one account with the Treasury, viz, of receipts and of expendi-
tures, under the Governors' warranto. This he transmitted
through the Governor and Council, with copies of the warrants ;
but it must have been difticult to judge of the legality of the pay-
ments; the ,'>lst Geo. IIL Chap. 31, Section 47, positively en-
joining that certain monies should be applied for the public uses
of the Colony, in such manner onli/, as directed by the Colonial
I-iCgislature. As deficiencies of revenue were long made up from
the Military Chest, the Colonial Assembly appears to have been
remiss in the exercise of its duty of closely attending to the reve-
nue and expenditure. The last quietus given by the Treasury,
to the late Receiver General, is to the 10th October 1814,
when it is to be supposed that the accounts of the receipts and
expenditure were finally audited. Lord Bathorst, in answer to
Sir JoHK CoAPE Sherbrooke's representation, signified His
Majesty's commands, that the expenditure should be voted by the
Assembly, and the accounts settled annualh/. But as the objec-
tions taken in the Legislative Council, first to the mode of appro-
priation, and afterwards to the duration of the grant, was follow-
ed by the rejection of the Bills sent up by the Assembly, except-
ing those of 1823 and 1825; the accounts subsequently to the
year 1818, still remain in an unsettled state. How the Receiver
'General can be legally quieted at the Treasury, in such a state of
things, seems to be a matter of difficulty. Several attempts to fa-
eilitate the settlement of accounts of advances made under Exe-
cutive authority, and for a general settlement of the past accounts,
have been made. A Bill for the first purpose was passed by the
Assembly in 1824, but failed in the Council; at the last and pre-
vious Session the appointment of Commissioners for stating the
public accounts, was proposed and failed in the Assembly. Bills
of indemnity passed the Assembly in 1823, for the years 1819,
1820, 1821 and 1822 ; but they fafled in the Council. The mode
pointed out by Lord Bathurst, would certainly keep the ac-
counts of the revenue and expenditure in a state satisfactory to
all concerned in the Colony, and render the business of the final
audit of these accounts, and quietus of the Receiver General at
the Treasury, as their officer, and according to Law, a matter of
case and certainty.

2°. The late 'Receiver GencraVs Defalcation. — This defalca-
tion was a consequence always to be apprehended, when piiblio
accountants are not brought to regular and strict settlement at
•short periods, under the check of tho^e who furnish the money.
In the accounts transmitted to the Assembly last year, by the
Execulive,the whole of this defalcationl/'96,117 13 0.^ stg. Islands
against the part of the Revenue allowed to be at the disposal of
the Legislature. It is well known, houpver, that the late Recei-
ver (loncral, did not keep separate chests nr accounts of his ri».
K-eipts and cxpciulitures. 'I'lie defalcalion of conr.o was on the-

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whole of his receipts. As the Province had no hand in the up-
puintment oC the Receiver General, and in fact was prevented
from exercising any controul over him, it addressed His Majesty
to the end that the Imperial Government, should make good the
amount deficient. If the Colonists were to lose this amount, by
an officer over whom they had no controul, it ought not, at least, to
fall on any particular portion of the receipts ; it ought to be
borne equally by the whole; Upper-Canada as well as Lower»
Canada. If the latter were lo bear the whole of it, it would in-
deed be in a singular situation : the Treasury would appoint such
person as it thought proper, to receive and pay over the revenue
in Lower-Canada; he would also perform the business of Upper-
Canada ; and Lower-Canada, besides paying and advancing the
money, would run all the risk and bear all the losses which might
occur; even any deficiency of money put into his hands from
the Military Chest.

At the last Session, the Assembly addressed the Lieutenant
Governor, to know if any answer had been received to its address
to His Majesty on this subject, when it was informed, that orders
had been received to proceed at Law against the late Receiver
General.

3®. Mcnies advanced and «nacco«n<erfyor.— The amount of
these monies, according to a statement signed by the Chairman
of the Committee of the Executive Council for the Audit of Pub-
lic Accounts, laid before the Assembly in consequence of an ad-
dress, was on the 2Ist March last, ^99,460 2s. The advances
were for the greatest part made by what has been called Letters
of Credit, on account of appropriations made by the Colonial
Legislature for local purposes, some of them as far back as 1805.
The total amount of these appropriations since 1794 is
=£668,000 pounds. The practice has been, when the accounts of
the expenditure were finally rendered and passed, to grant a war-
rant on the Receiver General, from which he deducted these ad-
vances, the warrant being his voucher. In the balance forming
the amount of the deficit in the late Receiver General's accounts,
he has credit for the amount of these advances, although they
still, strictly speaking, stand against him, and would have to be
added to the amount of the defalcation, till covered by warrant.
Many of the accounts have been rendered, and of the =f 99,460
2s,, in the statement, up to the 21st March last, by far the great-
est part, it is understood, has been spent in accomplishment of tlie
objects for which the advances were made. The practice of is-
suing Letters of Credit has been discontinued ; but advances, on
what arc called accountable warrants, are still made. This ren-
ders the Receiver General more secure, but does not seem to add
to the security of the public. Experience has pointed out the
danger of these advances. The common description of bad pay-
masters, is applicable in this case, viz. 'those who pay in ad-
.ancc, and those who do not pay at all.' Still it may be indis-
pensable, in some cases, to make advances. In all cases where
contracts can be made, it seems unnecessary. No contractor of
respectability and good credit, will find it difficult to procure
funds on the faith of a, Government contract, if the pecuniary
affairs of Jhe Government are managed with that rcguLirity,
ptuu'tnality and honour, which distinouiRh respcrtable individii-
jIs iu private business. The work to be done, or juliclcs Annibh-

(2n)

c«l, may easily be so divided, as to suit the means of in;?iis(jioii.s
contractors of good character and small capital. Advances in
tlie manner heretofore practised in this Province, may be fatal
to the speedy, economical and proper accomplishment of the work
intended to je performed, and involve many persons in law suits
and heavy Josses, to the great injury of the community. Addres-
ses to tiic; Governor to cause prosecutions for the settlement of
the advances already made, have been repeated since 1824.
In 1823, the amount was, ^111,890 17 2

1824, „ 116,6.-9 15 4

1825, „ 95,460 2

4 ® . and 5 * . Supph/for the support of' Government, and spe-
cial appropriations. — The amount of the former, last year, inclu-
ding the Lieutenant Governor's salary, granted durin^ his resi-
dence, and militia pensions permanently granted, was "^64,000
of the latter about ^47,000; forming in the whole ^111,000. '

The Ciish in the Receiver General's chest, and estimated cur-
rent revenue of 1825, to meet this appropriated expenditure, was
stated by the Inspector General of provincial accounts at £116^-
496 18s. 5jd , including st'19,120 18 6, from bonds for duties,
given in 1824,

The supply and special appropriations for 1826, and payments
and interests on loans for the Lachine Canal, must of course
be chieflyttaken out of the revenue of the year 1826, of whicii
an estimate only can be formed.

Hitherto the Province, under all its difficulties, has been so
fortunate as to have been kept free from debt, excepting for the
Lachine Canal : that is, the existing generation has at least had
the virtue not to riot on the means of future generations, and
expose them to the burthen.s, which, according to natural justice,
each generation ought to bear for itself.

The Legislature being now assembled, it is not thought expe-
dient to notice the Jiew measures which are reported to be in agi-
tation. They will develope themselves daily.

If devotion to the general interest of the Province, the repres-
sion of abuses prejudicial thereto, and the strengthening the se-
curity of the Free Government happily established therein by
Law, the affording the utmost security and freedom to industry,
with every possible facility, are objects sincerely and diligently
followed by all the Branches of the Legislature, there can be no
doubt but the result of the Session will be highly beneficial not
only to the Provir)cc, but also to the imprests of Great Britain
in this quarter of the world.

Quebec, 25rd January 1826.