A 
 
 POLITICAL AND HISTORICAL 
 
 ACCOUNT 
 
 OF 
 
 II 
 
 ill 
 
 LOWER CANADA. 
 

A 
 
 POLITICAL AND HISTORICAL 
 ACCOUNT 
 
 OF 
 
 LOWER CANADA; 
 
 WITH REMARKS 
 
 ON THE 
 
 PRESENT SITUATION OF THE PEOPLE, 
 
 AS REGARDS 
 
 THEIR MANNERS, CHARACTER, RELIGION, 
 
 <$*c. 
 
 By A CANADIAN. 
 
 LONDON: 
 
 WILLIAM MARSH AND ALFRED MILLER, 
 
 OXFORD STREET; 
 
 CONSTABLE & Co., EDINBURGH. 
 
 / 
 
 1830. 
 
PREFACE. 
 
 Some years since I left Lower Canada, the country 
 of my birth, and have, from that period, resided 
 chiefly in England. Here I have had both time and 
 opportunity to reflect upon the state of the various 
 colonies which belong to the British Empire, and of 
 that which to me is most interesting—my native 
 country. Her present political situation has occupied 
 a large portion of my thoughts ; the want of correct 
 information among the people of England, respecting 
 that situation, has been long to me a subject of deep 
 regret and solicitude; and, at length, in the absence 
 of others more competent to the task, I have sum¬ 
 moned resolution to hazard an explanation of the 
 affairs of my country, persuading myself, that the 
 candid statements of a Canadian by extraction may 
 diminish, if they cannot destroy, the many unfavour- 
 
VI 
 
 PREFACE. 
 
 able and incorrect impressions which have been 
 created by the relations of various English travellers 
 and resident Anglo-Canadians, respecting the feelings 
 and situation of my countrymen. The matter is laid 
 before the public, as one in which they themselves 
 are interested; and an appeal is made to the good 
 sense of the English people, in hopes that they will 
 listen to both sides of the question. 
 
 Few persons are ignorant that, for some years 
 past, there has existed in Canada a misunderstanding 
 between the Local Government and the House of 
 Assembly, which is the popular branch of the Legis¬ 
 lature ; that this misunderstanding became more than 
 ever decided during the late administration of Lord 
 Dalhousie; and that it was at last deemed advisable 
 by the colony to have recourse to the Imperial Go¬ 
 vernment, in order to settle the differences existing. 
 To enable the British Legislature justly to adjudge 
 between these contending parties, much information 
 is required—part of this information the present 
 Work is intended to afford. Many pamphlets have 
 been published in Quebec and Montreal on the same 
 subject, and some of these are in the hands of per¬ 
 sons in this country, directly interested in the affairs 
 of the colony. The tone of these works shows to 
 
PREFACE. 
 
 vii 
 
 what height party feelings have arrived, and the 
 strong desire that exists on all sides to justify tlieir 
 conduct in the eyes of the public; but none of them 
 has been written for the English people— none of 
 them, however deserving, has had an opportunity 
 of being circulated here. Being, for the most part, 
 written by persons ignorant of the state ol the in¬ 
 formation of Englishmen respecting Canada, they 
 seldom contain such matter, or are put into such 
 a form, as to gratify or excite the curiosity of the 
 English public. These circumstances have induced 
 me to take upon myself the character of an Author; 
 to endeavour, as far as lay in my power, to expose 
 the complicated causes of our complaints; and to seek 
 from the hands of the British nation, what they are 
 ever ready to grant—justice to an injured people. 
 
 In this undertaking, I hope for little success as an 
 Author; still less do I expect any approbation from 
 the contending political parties themselves, since I 
 have attached myself strictly to the truth, without 
 reference either to persons or parties. The task of 
 blaming the proceedings of the various individuals 
 composing or connected with the Local Government, 
 is to me too painful to have been undertaken lightly, 
 or without a deep feeling of the necessity of its being 
 

 impartially and completely performed: no personal 
 feelings have interfered; and I therefore request all 
 those who have been, and are members of the local 
 administration, to believe that I have no desire to 
 attack them as individuals, and that my reflections 
 regaid solely their public functions; my sole aim is 
 to afford the people of this country a knowledge of 
 our situation, so that they may be able to rescue the 
 province from its present difficult situation. In 
 giving my feeble talents to the common cause, I 
 aspire to no literary reputation; I submit to an im¬ 
 partial public, with the greatest possible humility, 
 my opinion respecting the political affairs of Lower 
 Canada; and should I succeed in creating an im¬ 
 pression favourable to the cause of my country and 
 my compatriots, I shall consider myself amply re¬ 
 warded for my trouble. 
 
 The greatest part of the Canadians, of whom it is 
 my lot to form one, unfortunately know by expe¬ 
 rience, that advances in literature have, amongst us, 
 of necessity been far from rapid: the cause of this 
 is evident. In a new country, every man is neces¬ 
 sarily more employed in the business of procuring 
 the mere' necessaries and conveniences of life, than 
 attaining a cultivated understanding. No class exists 
 
PREFACE. 
 
 ix 
 
 there, sufficiently rich and extensive to maintain a 
 body of literary men, by purchasing their labour. 
 Every man is engaged in seeking after the more 
 immediate necessaries for his livelihood ; few or none 
 depending on the proceeds of accumulated wealth. 
 In spite of this absence of motives to literary excel¬ 
 lence, however, some few remarkable exceptions are 
 to be found; men who, in any country, would be re¬ 
 spectable for their literary attainments, but who, 
 when their means of instruction are considered, must 
 be esteemed men of wonderful acquirements. 
 
 If I have undertaken to write a book (a strange 
 kind of amusement for a man of my habits), it is not 
 that I have the vanity to place myself amongst this 
 class of rare exceptions; but because, in a time so 
 critical as the present, I think it the duty of every 
 man, interested in the welfare of the Canadian people, 
 to expose before the British public, by all means in 
 his power, the true cause of our evils, and the 
 manner in which they ought to be remedied. 
 
 This work is not hastened by immediate circum¬ 
 stances, but is the produce of long reflection and 
 observation, reduced into a small form, to suit the 
 present purpose. Had there been need, it might easily 
 
X 
 
 PREFACE. 
 
 have been made to assume a more bulky shape, and 
 imposing appearance ; it was believed, however, that 
 the object of the undertaking would be best attained, 
 by confining the work to its present moderate di¬ 
 mensions. 
 
 In the Appendix (No. III.) will be found a list of 
 such works as might be read with advantage, by 
 those who are desirous of procuring information re¬ 
 specting the colony. 
 
 One of these I cannot help noticing en passant. 
 This work was printed at Montreal, and designed 
 exclusively for the colonial office, and a few private 
 friends of the Author in England, and is styled, 
 “ Political Annals of Lower Canada, being a Review 
 of the Political and Legislative History of that Pro¬ 
 vince, &c. &c.; by a British Settler.” 
 
 The honourable Author, who, with his politics, is 
 perfectly well known, has, for the last twenty or 
 twenty-five years, abused and cried out against every 
 thing connected with the Canadian inhabitants of 
 French extraction—“ French Canadians,” as he calls 
 them. This is not surprising to persons in the colony, 
 who are acquainted with the politics of the country; 
 
PREFACE. 
 
 XI 
 
 but in England, where the secrets of the local cabinet 
 are little known, such a work as the above produces 
 some effect. It is to be regretted, that the talents 
 of its Author have not been used to destroy, rather 
 than to foment the animosity of the different parties. 
 As a member of the Executive and Legislative 
 Councils, he has had it greatly in his power, during 
 his long residence in Canada, to render himself useful 
 to the Province; had not a desire of domination, and 
 the extraordinary power which he and a few indi¬ 
 viduals obtained gradually in the administration of the 
 local government, as well, perhaps, as some feelings 
 of private interests (at no time a matter to be passed 
 over as of little consideration), induced him to neglect 
 the public good, and the welfare of its ancient in¬ 
 habitants, under pretext of favouring a single class, 
 the British settlers, which class, according to him, 
 has not, and never can have interests the same as 
 those of the ancient people of the Province. It would 
 have been easy for me to prove, to what an amazing 
 extent he has been in error, and how much his pre¬ 
 judices have got the better of his reason; such an 
 explanatory digression, however, would be endowed 
 with little interest in the eyes of the public; and 
 they who possess the work will be able, if they please, 
 to judge by the exposition which I am about to lay 
 
xii 
 
 PREFACE. 
 
 before the reader, respecting the policy of the line of 
 conduct which the honourable Author proposes. 
 
 In Appendix No. I. will be found a description of 
 the Saguenay territory, an immense tract of country, 
 yet imperfectly known, with some observations re¬ 
 specting the advantages it possesses for new Settle¬ 
 ments ; and in No. II. a short description of the 
 most useful minerals, and other natural produce of 
 the country. 
 
 I have only to add, that the present Work was 
 originally nearly all written in French, and that I 
 have had it translated, in hopes that thereby it may 
 be more generally read. 
 
 THE AUTHOR. 
 
CONTENTS. 
 
 Page. 
 
 CHAP. I. 
 
 Discovery of the Country, and Origin of its Name- 
 Passes into the Hands of the English—Boundaries 
 Object of the present Work . 1 
 
 ciiap. ii. 
 
 Act of 1791* for dividing the Province into Upper and 
 Lower Canada — Legislative and Administrative 
 
 Bodies _ The Governor—Executive Council—House 
 
 of Assembly—Judiciary . 
 
 chap. III. 
 
 A List of the Governors, from 1791 to the present 
 time—Observations on the State of Canada under 
 Sir James Craig-Sir George Prevost-General 
 Drummond—Sir John Sherbrooke—The Duke of 
 Richmond—Lord Dalhousie—Sir James Kempt . M 
 
XVI 
 
 CONTENTS. 
 
 CHAP. IV. 
 
 Page. 
 
 Of the Character, Manners, Customs, Industry, and 
 
 Religion of the Canadians—French Population _ 
 
 State of the People — Agriculture — Food—Clothing 
 — Habitations—Amusements of the People—Their 
 Character . 
 
 CHAP. V. 
 
 State if Education 
 
 151 
 
 CHAP. VI. 
 
 Of the Waste Lands of the Crown, and the Lands 
 reserved for the Protestant Clergy/ . 168 
 
 CHAP. VII. 
 
 Remedies proposed 
 
 192 
 
 APPENDIX. 
 
 No. 
 
 I. The Saguenay Territory . 207 
 
 II. Minerals and other Productions of Canada ... 212 
 III. Historical and Descriptive Works relating to 
 Canada . 
 
CONTENTS. 
 
 XV 
 
 No. Pi « e - 
 
 IV. Articles of Capitulation agreed on between 
 General Townshend and M. de Ramsay, 
 Commander of Quebec, on the \8th of Sep¬ 
 tember, 1759. 
 
 V. Articles of Capitulation between General Am¬ 
 herst, Commander-in-Chief of His Britannic 
 Majesty's Troops and Forces in North Ame¬ 
 rica, and the Marquess de Vaudreuil, Lieute¬ 
 nant-General for the King of France, in 
 Canada, on the 8th of September, 1760 . 216 
 
 VI. An Act for making more effectual Provision 
 
 for the Government of the Province of Quebec, 
 in North America, passed in the Fourteenth 
 Year of the Reign of George III . 226 
 
 VII. An Act to repeal certain Parts of the preced¬ 
 
 ing (No. VI.), and to make further Provision 
 for the Government of the Province, passed in 
 the Thirty-first Year of the Reign of Geo. III. 231 
 
 VIII. An Address to the Electors of Lower Canada... 
 
 IX. Extract from a Bill for uniting the Legisla¬ 
 tures of Lower and Upper Canada ; printed 
 by Order of the House of Commons, on the 
 
 31 . H of July, 1822. 
 
 X. A Poetical Composition inserted in the Quebec 
 
 Gazette on New Year's Day, 1829. 251 
 
 XI. Statement of the different Establishments for 
 Education in Lower Canada, from the Re¬ 
 turns made to the House of Assembly, in 
 
 1829 .. . . 
 
 XII. Extract from the First Report of the Committee 
 of the House of Assembly, respecting the 
 Settlement of Crown Lands; printed on the 
 
 12 th of February, 1821. 
 
 XIII. Extract from the Resolves of the Council, re¬ 
 specting the Introduction of Tenure in Free 
 
 247 
 
 249 
 
 252 
 
 253 
 
XVI 
 
 CONTENTS. 
 
 No. Page. 
 
 and Common Soccage , in lieu of the Ancient 
 
 Tenure of the Country . 261 
 
 XIV. Observations on the Report of the Committee of 
 the whole Council , respecting a Change in 
 the Tenures of the Province of Lower Canada 266 
 
 XV. List of the Counties and Members for each , 
 according to the Representation Bill , as a- 
 mended by the Legislative Council , and 
 agreed to by the House of Assembly, on the 
 
 11 th of March, 1829. 273 
 
 XVI. Provisions of a Bill to encourage Emigration ... 275 
 
POLITICAL AND HISTORICAL 
 
 ACCOUNT 
 
 OF 
 
 LOWER CANADA. 
 
 CHAPTER I. 
 
 Discovery of the Country , and Origin of its Name—Passes 
 into the Hands of the English— Boundaries—Object of 
 the present Work . 
 
 In the year 1497, Sebastian Cabot, holding a commission 
 from Henry VII. of England, discovered the countries 
 situated on the south-west of the river St. Lawrence. The 
 appellation of Canada was given to these territories, as well 
 as to those afterwards discovered by Jacques Cartier, a sub¬ 
 ject of France. Of the origin of the word Canada there 
 are various accounts. It is by some asserted to be a word 
 of the Iroquois language, signifying a collection of huts; 
 others, however, give it a fanciful derivation from the 
 Spanish. It is said that the Spaniards, long before Verazani 
 was dispatched by Francis I. on a voyage of discovery, had 
 disembarked in the bay now called Chaleurs, and, in their 
 
 B 
 
2 
 
 ORIGIN OF ITS NAME. 
 
 search after mines, pronounced constantly before the savages 
 of the country the two words, aca nada—here nothing; 
 which words the Indians afterwards repeated to the French. 
 Others, again, assert, that the term is a corruption of capo 
 de nada—cape of nothing; which appellation the Spaniards 
 are supposed to have conferred on the country, believing it 
 utterly barren and desolate. The territory now known by 
 the name of Canada was, until the year 1759, in possession 
 of France; and, together with the remainder of her pos¬ 
 sessions in that part of America, was distinguished by the 
 appellation of La Nouvelle France. 
 
 In 1629, Canada was taken by the English, but was then 
 held in so little estimation as to be returned to its former 
 owners, the French, in three years afterwards*. In 1759, 
 however, General Wolfe was dispatched for the purpose of 
 conquering the country ; and on the plains of Abraham, 
 under the walls of Quebec (the capital), he defeated the 
 French troops, who had been induced to leave their almost 
 impregnable fortress. Wolfe lost his life in the action ; but 
 the victory he had gained decided the fate of Canada, which 
 then passed for ever from under the dominion of France. 
 
 A capitulation was entered into by the inhabitants of 
 Quebec and Montreal, and ratified by the regular authorities. 
 *1 o this capitulation I shall hereafter have to revert*f*. 
 
 For some time the country was under the direction of one 
 government, and was generally designated the Province of 
 Quebec. In 1791, the province of Quebec was divided into 
 the two provinces of Upper and Lower Canada. To Lower 
 Canada alone, as then marked out, are the succeeding obser¬ 
 vations intended to apply. 
 
 Le conseil de Louis XIII. tenait aussi si peu a cet £tablissement, qu’il 
 opinait ane pas en demander la restitution; mais Richelieu, qui avait <ond£ 
 la derniere compagnie, fit changer d’avis. On arma six vaisseaux pour sou- 
 tenir cette demande, et la cour d’Angleterre, d’apres le conseil du Lord 
 Montague, rendit le Canada aux Franks en 1631 .—Beautis dc V Histoire du 
 Canada , p. 84. 
 
 f See Appendix, Nos. IV. and V. 
 
BOUNDARIES. 
 
 3 
 
 For the purpose of preventing confusion, it may be ad¬ 
 visable to give a specific detail of the boundaries of the 
 province. 
 
 The country lies between 45° and 52° of north latitude, 
 and 63° and 81° of west longitude from Greenwich. The 
 territory of the Hudson’s Bay Company, or East Maine, is 
 its northern boundary: the Gulf of St. Lawrence, the 
 river St. John, and part of the Labrador coast, bound it 
 on the east. Its southern limit is formed partly by New 
 Brunswick, and partly by a portion of the territory of the 
 United States; viz. the district of Maine, the province of 
 New Hampshire, the state of Vermont, and of New York. 
 The western boundary was settled by the Act of the Im¬ 
 perial Parliament, passed in 1791, dividing the province 
 of Quebec. The line running between the two provinces of 
 Lower and Upper Canada, is, by that Act, directed to 
 commence “ at a stone boundary, on the north bank of the 
 lake St. Francis, at the cove of Pointe au Baudette, in the 
 limit between the township of Lancaster and the seigneury 
 of New Longeuil; then along the northern boundary of the 
 seigneury of Vaudreuil, running north; twenty-five degrees 
 east, until it strikes the Ottawa river; to ascend the said 
 river, into the lake Temiscaming; and, from the head of the 
 said lake, by a line drawn due north, until it strikes the 
 boundary line of Hudson’s Bay, including all the territory 
 to the westward and southward of the said line, to the 
 utmost extent of the country, commonly called or known 
 by the name of Canada*.” 
 
 Differences having arisen between Great Britain and the 
 United States, respecting the boundaries of their respective 
 territories, commissioners were appointed to arrange the 
 difficulties. The line between the province of Upper 
 Canada and the United States was accordingly settled 
 by them; but finding that they could not agree respecting 
 
 * See Bouchette’s Topography, pp. 1—3. 
 
OBJECT OF 
 
 the division between Lower Canada and the district of 
 Maine, the matter was referred to the emperor of Russia; 
 from whose decision it was eventually transferred to that of 
 the king of the Netherlands, to the great discontent, it is 
 asserted, of the United States. The matter, in a military 
 point of view, is considered of importance, and is still 
 undecided. 
 
 The object of the present work is to give a succinct detail 
 of the government of the country thus described, from the 
 epoch of its passing under the dominion of the English, 
 down to the period of the termination of Lord Dalhousie’s 
 administration, in the year 1828. Into a very minute dis¬ 
 cussion of the proceedings of the colonial government, during 
 the first years of the English rule, however, it is not my 
 intention to enter; and with a cursory view of the more im¬ 
 portant legislative proceedings of the Imperial Parliament I 
 shall dismiss this early portion of our history: but as I come 
 nearer to the present time, a more particular detail will be 
 required. I flatter myself that an exposition of the con¬ 
 duct of this specimen of colonial administration will not be 
 entirely destitute of interest, even to the English reader: 
 it will give him an insight into the workings of a vast, and, 
 in my mind, an ill-constructed machine of government: it 
 will prove to him the pernicious consequences of having 
 irresponsible rulers, and the utter impossibility of a well- 
 organized administration being composed of persons drawn 
 from a distant country, ignorant of the manners and situation 
 of the people they are destined to rule, and careless of those 
 interests with which they are but temporarily connected : 
 it will exhibit to him a scene of complicated and vexatious 
 oppression, on the one side; of unsuspecting confidence and 
 willing obedience, changed by ill-usage into distrust and 
 opposition, on the other: it will prove how the best in¬ 
 tentions on the part of the English people have been con¬ 
 stantly defeated, by the avarice and despotism of petty 
 officers: it will teach him, in short, how a whole people 
 
THE PRESENT WORK. 
 
 
 5 
 
 have been checked in the progress of improvement, en¬ 
 thralled, ill-treated, abused, and then misrepresented, by the 
 evil influence of a handful of grasping functionaries. 
 
 Having exposed the evils, it is then my intention to pro¬ 
 pose the remedies; to lay bare the injuries which my country 
 has suffered; to point out the means of redress. These are 
 the sole objects of the present undertaking. 
 
 By the treaty of Paris, signed on the 10th of February, 
 1763, the Canadas were ceded to His Britannic Majesty, under 
 certain provisions, which provisions, in some measure, were 
 the objects of various articles in the capitulation entered into 
 by the inhabitants of Quebec and Montreal with General 
 Amherst*. On the 7th of October, the same year, His 
 Majesty issued a proclamation, the objects of which were as 
 follow. Both by the capitulation above .mentioned, and the 
 treaty of Paris, the inhabitants of Canada were contemplated 
 under the character of British subjects^; in conformity with 
 the understanding which led to such contemplation, the pro¬ 
 clamation of the King was issued. No distinction was made 
 between the old and newly-acquired subjects of His Majesty, 
 in this document; so that we may safely conclude that no 
 distinction was intended. The whole of the inhabitants 
 were considered as an out-lying portion of the English 
 people, inhabiting a territory for which the King was, by the 
 nation at large, allowed to legislate. 
 
 After certain regulations respecting the administrative 
 portion of the Government, came certain articles, providing— 
 
 1. That the English criminal and civil code of law, with 
 the laws of the Admiralty, should have full force within the 
 province. 
 
 2. That the trial by jury, both in civil and criminal cases, 
 should always be employed. 
 
 We may here observe, that two important consequences 
 flowed from the establishment of this law: First , no citizen 
 
 * See Appendix, No. V. 
 
 f See Article 41 of the Capitulation of Montreal, Appendix, No. V. 
 
6 
 
 OBJECT or 
 
 could be condemned to punishment, but on account of some 
 infringement of the law; which infringement must previously 
 have been decided on by the legal tribunals. Second , the 
 liberty of the press, as it existed in England, became ipso 
 facto a part of the law of the land. 
 
 To give effect to this proclamation, the provincial au¬ 
 thorities erected tribunals, to administer justice according to 
 the letter and the spirit of the law thus established. 
 
 I may here be permitted to remark, that a violent and 
 unnecessary revolution was, by this measure, brought about. 
 The inhabitants of Canada had hitherto been accustomed to 
 the law according to the customs of Paris; their expectations 
 were framed in accordance with this law; and much of 
 the property of one portion of the people depended entirely 
 upon its existence. To break in upon the old habits of 
 the people, without the expectation of one earthly benefit, 
 was a piece of injustice, which, had it sprung from any 
 thing but ignorance, would deserve severe reprobation. I 
 have no doubt but that the English ministry had a sincere 
 desire to benefit the Canadian people; and, with the bold 
 presumption usually attendant on ignorance, they altered 
 the whole law of a people, without the slightest anticipation 
 of mischief. One other determination deserves also to be 
 recorded: no language but English was permitted in the 
 law proceedings of a people who could not understand a 
 syllable of that language. 
 
 The mischievous consequences of some of the above 
 regulations, passed in defiance of treaties, of justice, and 
 humanity, were immediately felt. Surprised, angered, and, 
 in many cases, ruined by their influence, our ancestors, after 
 a few years of silent suffering, at length raised their voices, 
 and transmitted a statement of their complaints to the King. 
 The Ministry paid attention to their remonstrances, and 
 partially removed the cause of them, by passing, in 1774 , an 
 Act, commonly called the Quebec Act*. By recalling into 
 
 * See Appendix, No. VI. 
 
 i 
 
THE PRESENT WORK. 
 
 7 
 
 force the ancient laws of the country, this Act provided, as 
 far as was in the power of the Ministry, for the safety of our 
 private rights, but, at the same time, served to rob the 
 people of expectations which they fondly entertained, upon 
 their coming under the dominion of England, viz. that 
 a representative government would be conferred on them, 
 as soon as circumstances permitted. In the place of such a 
 system, a local legislature was created, in which the people 
 had no part; laws might now be enacted without their 
 consent, and thus they were disappointed of one great 
 privilege, which they had been taught to believe was the 
 inalienable right of a British subject. This Act, moreover, 
 by establishing, without reserve, the ancient laws of the 
 country, did away, at once, with the trial by jury in civil 
 cases; with the writ of habeas corpus; and also with the 
 liberty of the press. However, the Act was received with 
 gratitude for the good that it brought. In time, neverthe¬ 
 less, the evils it occasioned were loudly complained of, till, 
 at length, the present constitution was, by the Imperial 
 Parliament, conferred upon the country. Before this hap¬ 
 pened, indeed, several ameliorations had taken place in the 
 situation of the people—ameliorations brought about by the 
 express commands of the Ministry in England. The 
 Council had, in accordance with these commands, issued two 
 ordinances—one in 1784, calling into power the writ of 
 habeas corpus ; the other in 1785, establishing the trial by 
 jury in civil cases. The joy created by the first ordinance, 
 among all classes of people, was extreme; their personal 
 security seemed thereby established, as was their political 
 existence, by the Act of the Imperial Parliament in the 
 year 1791, which conferred on them their present con¬ 
 stitution. 
 
 The exertions of the Ministry to benefit the people of 
 Canada, were not undertaken for persons wholly undeserving 
 of the favour of the English nation. In the disastrous war 
 of American independence, the Canadians steadily adhered 
 to the fortunes of the English, and bravely repelled an 
 
8 
 
 OBJECT OF 
 
 attack of the Americans, almost wholly without assistance 
 from the soldiers of the mother country. In 1775, the 
 people of the United States contemplated the conquest of 
 Canada, and, in pursuance of that object, commenced opera¬ 
 tions on the 10th of May, by taking possession of the fort of 
 J iconderoga, upon Lake Champlain, which fort contained 
 one hundred pieces of cannon. Crown Point, with the only 
 vessel of war which belonged to the English, on Lake 
 Champlain, also fell into their hands. These actions wore 
 performed by the division of the American army, under the 
 command of General Montgomery, who determined to enter 
 Canada by Lake Champlain. The second division, under 
 the command of General Arnold, traversing the woods 
 in the district of Maine, and suffering extraordinary fatigues 
 during their march, arrived at Satigan on the 4th of'No¬ 
 vember; and, on the 8th, reached Voint Levi, which lies 
 exactly opposite Quebec, on the south shore of the St. 
 Lawrence; and would probably have rendered themselves 
 masters of that town, had they been able immediately to 
 procure the means of traversing the river, as Quebec was 
 at this moment defenceless, General Carleton, the English 
 governor, being then occupied with his troops near Montreal, 
 m endeavouring to repulse the attacks of Montgomery! 
 Arnold succeeded, nevertheless, in passing the river on the 
 9th, at Wolfe’s Cove, a short distance above the town, and 
 took possession of the environs. Having received intel¬ 
 ligence of the taking of Montreal by Montgomery, he 
 established himself at Pointe aux Trembles, twenty-one 
 miles above Quebec, and awaited the arrival of Montgomery 
 before he attempted to attack the town. Montgomery 
 however, was unable, from various obstacles, and from the 
 resistance he every where experienced, to join him before 
 the 1st of December. General Carleton, in the mean time 
 perceiving that the safety of the province depended entirely 
 upon Quebec, which could alone offer any resistance to the 
 American army, proceeded thither without delay, and for 
 tunately escaping interception, arrived there, on the 19th of 
 
THE PRESENT WORK. 
 
 9 
 
 November. His arrival produced an extraordinary joy 
 among the people; and he prepared, with his garrison, 
 consisting of eighteen hundred men, for an obstinate defence. 
 Of this garrison, three hundred and fifty men were regulars; 
 about three hundred and fifty more consisted of seamen ; the 
 remainder of the force being composed entirely of militia, 
 whose firmness and good conduct, during the siege, wrung, 
 even from the most Anti-Canadian, the flattering tribute of 
 unwilling applause*. Montgomery having, at length, taken 
 the command of the American army, called a council of war, 
 in which it was determined to attempt, immediately, to carry 
 the town by assault. The 31st of December was the day 
 on which this determination was to be carried into effect—a 
 day fatal alike to Montgomery and to the success of the 
 American arms in Canada. The besieging army had, from 
 time to time, during the winter, been reinforced by succours 
 from the United States; but were unable, even with their 
 augmented forces, to overcome the obstinate courage of the 
 besieged, or to resist the terrible climate of the country. 
 Montgomery, during the night, led his forces to the attack ; a 
 furious snow storm was raging, and served, in some measure, 
 to prevent the enemy from discovering his motions. As he 
 approached Prescott Gate, by the road which leads from the 
 upper to the lower town (which road winds round the face of 
 the rock upon which the upper town is built), his army was 
 crowded into the long narrow pass which led to the gate. 
 The confused noise, necessarily arising from a multitude of 
 persons struggling up the path, struck the ear of the sentinel 
 in spite of the roar of the storm ; the sentinel immediately 
 challenged the persons whom he supposed to be approaching: 
 to this challenge, no answer being returned, he aroused the 
 guard. During this awful interval, Montgomery formed his 
 men, and advanced hastily to the gate. At this moment 
 the garrison opened a fire with the guns which commanded 
 
 * Mr. Smith, in his History of Canada , pp. 7, 8, Vol. II, even ac¬ 
 knowledges, “ that there were Canadian gentlemen whose conduct, during the 
 siege, was highly meritorious.”—What condescension! 
 
10 
 
 OBJECT OF THE PRESENT WORK. 
 
 the path ; the groans which immediately succeeded plainly 
 revealed the enemy; and not till every sound in answer to 
 the fire had died away did the garrison cease from their 
 cannonade.’ Morning came, and revealed nothing; the 
 snow falling thickly after the enemy had been destroyed, 
 covered every trace of the tremendous efficiency of the 
 garrison’s fire. It was quickly discovered, however, that 
 Montgomery, with the whole of the attacking party, had 
 perished. This was a fatal blow to the hopes of the enemy, 
 who, after several further unsuccessful attacks, raised the 
 siege on the 6th of May, and retreated towards their own 
 country. Their army, at that time consisting of about 
 three thousand men, attacked on all sides, was quickly 
 dispersed, and by far the greater portion captured. During 
 the whole of this painful siege, as well as the remainder of 
 the campaign, disastrous in every point to the English, the 
 Canadians exerted themselves with indefatigable ardour and 
 perseverance—maintained throughout an unflinching ad¬ 
 herence to the English party, and proved themselves (if 
 faithful conduct can create desert) deserving of the most 
 hearty goodwill, assistance, and respect from the mother 
 country. 
 
CHAPTER II. 
 
 Act of 1791*, for dividing the Province into Upper and 
 Lower Canada—Legislative and Administrative Bodies 
 
 _ The Governor—Executive Council—House of As- 
 
 sembly — Judiciary. 
 
 We have now arrived at the most important epoch of the 
 History of Canada, viz. that at which her present Repre¬ 
 sentative Government was conferred upon her by the Impe¬ 
 rial Parliament. For the purpose of giving an insight into 
 the intention of the then Ministry, I will lay before the 
 reader the proceedings of the House of Commons. 
 
 HOUSE OF COMMONS. 
 
 Friday , March 4, 1791. 
 
 Mr. Chancellor Pitt moved, “ That His Majesty’s Message 
 concerning the New Constitution for Quebec might be read.” 
 It was read accordingly. 
 
 George R. 
 
 His Majesty thinks proper to acquaint the House of Com¬ 
 mons, that it appears to His Majesty, that it would be for the 
 benefit of His Majesty’s subjects in the province of Quebec 
 that the same should be divided into two separate provinces, 
 to be called the Province of Upper, and the Province of 
 
 * See Appendix, No. VII. 
 
THE PROVINCE DIVIDED INTO 
 
 Lower Canada; and that it is His Majesty’s intention so to 
 divide the same, whenever His Majesty shall be enabled, by 
 Act of Parliament, to establish the necessary regulations for 
 the government of the said provinces. His Majesty there¬ 
 fore recommends this object to the consideration of the House. 
 
 Mr. Chancellor Pitt then moved, “ That the Act of the 14th 
 
 of His Majesty, respecting the said province, be read_and 
 
 he observed, that the purport of his motion was to repeal 
 pait of the above Act, and to introduce new regulations for 
 the future government of the said province. Feeling the 
 importance of the subject, he should have been desirous of 
 stating fully to the House the grounds and the principles on 
 which he meant to proceed, in forming a constitution for 
 a valuable appendage to the British dominions; which, 
 he trusted, would contribute to its future prosperity. But 
 as it was not likely that any opposition would arise against 
 bringingin a Billfor this propose, and as explanations would 
 come with more propriety when the Bill was before the House, 
 he should state in a few words only the outlines of the plan ; 
 unless questions were asked, and explanations demanded, in 
 the first instance. The Bill which he meant to propose was 
 founded, m the first place, on the recommendation contained 
 :n His Majesty’s Message, to divide the province into two 
 governments. This division, it was hoped, would put an end 
 :o the competition between the old French inhabitants and 
 the new settlers from Britain, or British colonies, which had 
 occasioned the disputes and uncertainties respecting law, 
 and other disputes of less importance, by which the province 
 had been so long distracted: this division, it was hoped 
 could be made in such a manner as to give each a great ma¬ 
 jority in their own particular part, although it could not be 
 expected to draw a line of complete separation ; any incon¬ 
 venience to be apprehended from ancient Canadians being 
 inc uded into one, or British settlers in the other, would be 
 cured by the establishment of a local legislature in each. 
 
 It was for this purpose he should first propose, in imitation 
 of the constitution of the mother country,' a Council and 
 
UPPER AND LOWER CANADA. 
 
 13 
 
 House of Assembly for each : the Assembly to be constituted 
 in the usual manner, and the members of the Council to be 
 members for life, reserving power to His Majesty to annex 
 to certain honours an hereditary right of sitting in the Council. 
 All laws and ordinances of the province were to remain in 
 force till altered by the new legislature : they would, conse¬ 
 quently, retain as much of the laws of England as they chose 
 to keep, and they would possess the means of introducing as 
 much more as they might think convenient. The Habeas 
 Corpus Act was already law, by an ordinance of the province, 
 and this invaluable right was to be continued, as a funda¬ 
 mental principle of the constitution—these were the most 
 important points. 
 
 Mr. Fox then declared it impossible to express an entire 
 approbation or disapprobation of a Bill which the House had 
 not yet seen ; but he did not hesitate to say, that, if a local 
 legislature was liberally formed, that circumstance would 
 incline him much to overlook defects in the other regu¬ 
 lations; because he was convinced, that the only means of 
 retaining distant colonies with advantage , was to enable 
 them to govern themselves . 
 
 Ordered ,—“ That leave be given to bring in a Bill to re¬ 
 peal certain provisions of the Act of the 14th of His Majesty, 
 respecting the government of Canada, and to make other 
 provisions, Sic.” 
 
 From the observations of Mr. Pitt, it is evident that it was 
 the intention of His Majesty’s Government to give to the ma¬ 
 jority of the inhabitants of each province, and, by consequence, 
 to the French Canadians in Lower Canada, the regulation 
 of their own public affairs. This measure, which then, by 
 the greatest statesmen of England, was considered not only 
 serviceable but absolutely necessary, is now represented, by 
 certain classes of persons aspiring to exclusive domination 
 among us, “ as the prolific source of the present grievances 
 of the subjects of British originand these disappointed 
 rulers suggest, u as the only remedy compatible with the in¬ 
 terests of British colonization, that the constitutional powers 
 
14 
 
 LEGISLATIVE ANT) 
 
 of the House of Assembly should either be greatly diminished, 
 and strictly confined to legislating for the French Canadians , 
 and those of the other branches of the legislature increased, 
 for the protection of British settlers, or inhabitants of British 
 origin, or the composition of the House of Assembly should 
 be modified, to suit the purposes of British colonization.” 
 When, in tracing down our history, we arrive at the period 
 when regulations were projected, in pursuance of these sug¬ 
 gestions, I shall have to recall to the reader’s mind the 
 opinion of Mr. Pitt, as well as to beg of him to bear in his 
 recollection the statements upon which that opinion was 
 grounded. I now proceed to describe the constitution, as 
 then framed by the Parliament of England. 
 
 The Legislative body was composed of—1. The Go¬ 
 vernor : 2. The Legislative Council; and, 3. The House of 
 Assembly. 
 
 The Administration was composed of the Governor, 
 and a Council styled the Executive Council. To a complete 
 understanding of the remainder of this history, a minute ex¬ 
 position must be given of the composition of these various 
 branches of the government. 
 
 Of the composition of the Judicial body, it will also be 
 requisite to enter into explanation. 
 
 § 1. Legislative and Administrative Bodies. 
 
 I. The Governor .—If the reader bear in mind, throughout 
 the following description, that the constitution of Canada is 
 supposed to be an imitation, nearly perfect, of that of England, 
 his conception of what I shall lay before him will be mate¬ 
 rially assisted. By this also he will learn how the people 
 of Canada have been imposed upon by certain words and 
 analogies; and, perhaps, he will obtain an insight into the 
 real structure of the English constitution itself. 
 
 The first officer in the government is the Governor, who 
 is supposed to be analogous to the King in the British go¬ 
 vernment. The differences between his real situation, with 
 
ADMINISTRATIVE BODIES. 15 
 
 reference to the government of which he forms a part, and 
 that of the King of England, are however manifold and 
 important. 
 
 The Governor is appointed by the English Ministry, and 
 removable at their pleasure : the powers conferred upon him 
 vary, according to the will of his appointers; but for the most 
 part they are as follow:— 
 
 1. He has the power to call together, prorogue, and dis¬ 
 solve the Parliament. 
 
 2. He has the power to give, or refuse, his assent to laws 
 passed by the other two branches of the legislature: reserving 
 the right to the King in Council, to revoke, within two years, 
 his assent when it shall have been given. 
 
 3. He may reserve his assent to, or dissent from, any law, 
 in order to learn the King’s pleasure thereon. 
 
 Such, for the most part, are his powers, considered as a 
 constituent element of the legislative body; the remainder 
 must be viewed as forming part of his administrative 
 functions. 
 
 1. He has the office of appointing all the various func¬ 
 tionaries of the internal government, for example:—Judges, 
 Revenue Collectors, Justices of the Peace, Militia and Police 
 
 Officers, &c. 
 
 2. He posseses a power similar to that of the King of 
 England, as regards the punishment of convicted criminals; 
 he remits, or carries into execution, the sentence of death; 
 he may remit fines, commute other punishments, See. 
 
 3. He is entrusted with the office of providing for defence 
 against exterior attacks, having a control over the King’s 
 troops in the country, and the militia. 
 
 4. He also exercises certain portions of the King’s power 
 in the government of the Church, in presenting Protestant 
 incumbents to parsonages and rectories, &c. 
 
 He also fills a judicial capacity, being ex officio a member 
 of the Court of Appeals: of this power we shall speak here¬ 
 after. 
 
 A 
 
16 
 
 LEGISLATIVE AND 
 
 These are his powers in name; in reality, however, they 
 suffer material modifications, which modifications arise in con¬ 
 sequence of the peculiar influence of the Executive Council. 
 Of this council we shall speak before we attempt to describe 
 the two remaining branches of the legislative body. 
 
 II. Executive Council. —This council ought to be com¬ 
 posed of twelve members, and is supposed to bear a strict 
 resemblance to the Privy Council in England : how correctly, 
 will be immediately seen. Mr. Nelson, Member of the Pro¬ 
 vincial Parliament, in his evidence before the committee of 
 the House of Commons, gives the following account of its 
 present composition. It consists of— 
 
 1. Jonathan Sewell, Speaker of the Legislative Council , 
 Chief Justice of the province and of the district of Quebec, 
 and President of the Court of Appeals. 
 
 2. The Rev. C. J. Stewart, Lord Bishop of Quebec. 
 
 3. John Richardson, Merchant. 
 
 4. James Kerr, Judge Iv. B., Quebec, and of the Court of 
 Vice Admiralty. 
 
 5. M. H. Percival, Collector of the Customs. 
 
 6. William Smith, Clerk of the Legislative Council. 
 
 7. John Hale, Acting Receiver General. 
 
 8. C. G. Delery, Assistant Clerk to the Legislative Council. 
 
 9. John Stewart, Sole Commissioner of the Jesuits 1 Estates. 
 
 10. A. W. Cochran, Governor’s Secretary, Law Clerk of 
 the Legislative Council, Clerk of the Prerogative Court, and 
 Auditor of Land Patents. 
 
 11. James Stuart, Attorney General. 
 
 Out of these, seven are legislative councillors, three are 
 clerks of the Legislative Council, and one is Attorney 
 General: of the whole number, there is one that is a native 
 of Lower Canada, the rest are from different parts of the 
 King’s dominions, the greatest portion of them are natives of 
 other colonies and the late colonies. This is the sole body 
 in the country which has any check over the expenditure; 
 they are delegated by the Treasury to exercise the powers of 
 
ADMINISTRATIVE BODIES. 
 
 17 
 
 the Treasury; and they report to the Treasury; and upon 
 their reports the Governors are finally discharged : they in 
 fact audit accounts.” 
 
 The Committee naturally asked Mr. Nelson, u If he con¬ 
 sidered this a sufficient check ? His answer was—No; it is no 
 check at all*.” 
 
 We beseech our readers to pay attention to the composition 
 of this Council, and then inquire whether it be possible for 
 tlie Governor to avoid being completely under its influence. 
 
 This Council was established immediately after the con¬ 
 quest, in imitation, it is said, of the King’s Privy Council. 
 They who compose it may be dismissed at the pleasure of 
 the King; but that which is most extraordinary, as regards 
 them, is, that they are completely irresponsible for their own 
 conduct; or for whatever conduct they induce the Governor 
 to pursue. There is no law in the colony which regulates 
 the exercise of their functions; they receive their instruc¬ 
 tions from the King, and are considered as merely the 
 agents of the Treasury. They have, it is true, no more 
 than dP.100 per annum as salary, in their character of 
 Executive Councillors; but they nevertheless are well pro¬ 
 vided for out of the public purse, as may be seen by the list 
 above given of the several offices they hold ; and all the 
 z warrants, for the payment of money, are countersigned by 
 their clerk. 
 
 An intelligent Canadian writer says of them:—“ But it 
 is not only the duties of the more immediate servants, 
 advisers, and officers of the Crown, the Privy Council, and 
 the Judiciary, that the members of His Majesty’s Executive 
 Council, in this province, are called upon to perform, they 
 have also undertaken to discharge the duties of the House 
 of Lords ; that august body, the individuals of which recall 
 to memory all the great, virtuous, and patriotic deeds of a 
 long line of noble ancestors; who themselves still are the 
 natural aristocracy of the country, who possess a greater 
 
 * See Commons' Report , July 22, 1828. 
 C 
 
18 
 
 LEGISLATIVE AND 
 
 portion of the soil of the kingdom, and whose interests and 
 prosperity are inseparably connected with those of the nation; 
 thus, equally independent of the Crown and the people, they 
 form the strongest possible barrier against the abuse of 
 power, which is necessarily vested in the Crown and its 
 servants, and the violence of popular feelings; and they afford 
 the best security for the permanency of the constitution 
 and the inviolability of property, which is the main object of 
 every good government, and the fundamental principle of 
 British freedom*.” 
 
 Let us, however, proceed a little further, and point out 
 the cause which throws uncontrollable power into the hands 
 of the Executive Council. 
 
 The Governors, when appointed, know, or quickly learn, 
 that they are about to stand between two powerful and 
 opposite political parties. We may easily suppose that, 
 having, in the outset, no particular bias, they would be 
 reserved in their conduct, and appear free from partiality. 
 When they arrive, however, they are possessed of little 
 knowledge respecting the country and the people; and, 
 from the shortness of their stay, they are enabled, before 
 they depart, to acquire very little more. They are, never¬ 
 theless, personally responsible for their conduct. It is 
 natural, therefore, that they should have recourse to such 
 persons as can most completely defend them from all those 
 evils which their ignorance might probably entail on them. 
 They quickly discover the most useful to them, and, from 
 many circumstances, the most powerful persons are the 
 members of the Executive Council. In these, then, they 
 eventually confide; and experience has shown that, whenever 
 a contrary course has been pursued, the Governor has 
 uniformly paid dearly for his temerity. The Council, when 
 contradicted, seldom have failed to transmit to the Treasury 
 representations disadvantageous to him contradicting them; 
 and as a Governor can easily be found, and an Executive 
 
 Financial Difficulties, &c., p. 18. 
 
ADMINISTRATIVE BODIES. 
 
 19 
 
 Council cannot, without great difficulty, be replaced, the 
 Governor is sacrificed. 
 
 Moreover, the Governor finds the Executive Council in 
 power when he arrives; they alone are cognizant of the 
 plan of operations decided on by the preceding Governor. 
 He is by them, therefore, of necessity instructed in the 
 routine of business, and seeing none that are not wedded to 
 the old system, he soon becomes, by mere habit, also attached 
 to it. It cannot be said in Canada, as in England, that the 
 head of the Government can do no wrong. The King, in 
 England, acts upon the advice of responsible ministers: 
 in Canada, the matter is far different; the Executive Coun¬ 
 cillors are in no way responsible; the Governors are by 
 law completely so*, and become, in consequence, the tools, 
 and in many cases the dupes, of the great confidence they 
 
 * The following observations may serve to illustrate the positions I have 
 advanced. “ Our Governors are said to represent the King. They do exercise 
 some part of the kingly power ; but they are far from possessing its reality, its 
 durability, and its independence. They are liable to actions in England, at the 
 instance of individualsto charges before the King in councilto par¬ 
 liamentary impeachment;—and are removable at the pleasure of the King, 
 acting by his responsible advisers; and this may be effected with marks of 
 displeasure, which, from the general justice with which they have been inflicted 
 in England, may amount to a very severe punishment. If those to whom a 
 Governor is to look for advice, and through whom he must act, should be liable 
 to no certain responsibilityif they should happen to be bound together by 
 any tie of individual interest;—if, in addition to this, they should have a 
 decided control over one branch of the Legislature, and could arrest the 
 whole of its proceedings if they had also the expounding of the law in the 
 Courts of Justice,—a Governor must find himself very powerfully supported, 
 both in and out of the Colony, who would think it advisable to take a decided 
 part in opposition to their views. Sir Robert Prescott, Sir George Prevost, 
 and Sir John C. Sherbrooke, all Governors-in-Chief, hazarded such a step in 
 this colony; but, perhaps, not with that success which can furnish any very 
 powerful inducement to others to follow their example. Those who are 
 acquainted with the history of the province must remember, that, although 
 the public officers, nominally at least, hold their commissions during the 
 Governor’s pleasure, as acting for the Sovereign, several of them did not 
 hesitate openly to oppose the Governor, whenever the Executive Council was 
 opposed to him .”—Financial Difficulties of Lower Canada , pp. 16, 17. 
 
20 
 
 LEGISLATIVE AND 
 
 are obliged to place in the Executive Council: and possess, 
 for the most part, no other method of escaping from the 
 difficulties by which they are surrounded, than by declaring 
 openly against the Canadian party, or, in other words, the party 
 of the people ; whom they are taught to believe, and whom 
 they too often boldly assert to be enemies to the government of 
 the mother country; heaping upon them, at the same time, 
 the epithets of demagogues, republicans, and other terms 
 intended to be opprobrious. The usual effect of this conduct 
 is, that the Governors are assailed by the people with various 
 remonstrances, which become, in the end, so thick and 
 pressing, that they (the Governors) are at length obliged 
 to depart, with their minds soured and disappointed, hating 
 and abusing the people. The Ministers in England in¬ 
 variably support the persons whom they have appointed; 
 and are the more readily inclined to approve their conduct, 
 inasmuch as it is always defended by the Legislative Council, 
 which forms the second branch of the Legislature; but 
 which is, in fact, the Executive Council, under another 
 name; and which is always in opposition to the House of 
 Assembly: so that the Governor who quits his post fails 
 not to have, in appearance, the support of the most res¬ 
 pectable part of the community, and is thus able to despise 
 whatever charges may be brought against him by the 
 representatives of the people. What are the Ministers to 
 do in such a case ? They must judge of what passes in the 
 colony by the representations of those whom they employ; 
 
 they blame the Canadians, who unhappily have never yet 
 
 been able to authorize an agent in England to state their 
 grievances and maintain their rights*. And never did the 
 people obtain a hearing till, driven by necessity, they raised 
 a private subscription, and, in 1828, dispatched three 
 Members of the House of Assembly to England, who were 
 
 * A Bill to appropriate money to the maintenance of an agent in England 
 has several times passed the House of Assembly, but has invariably been thrown 
 out in the Legislative Council. 
 
 
ADMINISTRATIVE BODIES. 
 
 21 
 
 luckily examined before the Committee of the House of 
 Commons, and were thus enabled to give a full and correct 
 account of the situation of the colony. 
 
 III. Legislative Council .—We now come to the second 
 branch of the legislature, viz. the Legislative Council. 
 
 This Council is supposed to be established, as nearly as 
 possible, on the same principle as that upon which the House 
 of Lords in England is founded. There exists this great 
 difference, however, between the two bodies; the members of 
 the Legislative Council are not possessed of hereditary titles. 
 This aristocracy, therefore, cannot maintain itself in a state of 
 purity, and cannot have at heart the interests of the country: 
 Canada is never considered by them other than a place of 
 momentary sojourn ; themselves they look upon as birds of 
 passage; they are not, consequently, attached to the soil; 
 they seldom acquire landed possessions, which could alone 
 place them in a state of independence. The Governor, 
 besides, may create at his pleasure any one a member of this 
 council, and the spirit of party but too often induces a care¬ 
 lessness concerning the qualifications which ought really to 
 be required*. The power of the Legislative Council is an 
 intermediate power; in other words, a power instituted to 
 check the tendency which the Governor and the House of 
 Assembly have, in common with other ruling bodies, towards 
 despotism: it is therefore requisite, if we are desirous of 
 preserving the constitution in its purity, that this body be 
 perfectly independent, as we see to be the case with the 
 peerage of England ; and that it be sufficiently powerful to 
 maintain the equilibrium between the executive and the po¬ 
 pular branch of the constitution. In Canada, this body has 
 
 * When speaking of qualifications, it may not be improper to observe, that, 
 by law, there are none required. One great means of approximating the Legis¬ 
 lative Council to the House of Lords, would be, to make an independent landed 
 estate a necessary preliminary to being a Member of the Council. Persons 
 holding offices ought also to be excluded, more particularly the Judges; who 
 should not by any means be allowed to mix in political affairs, lest thereby they 
 give an opportunity for the people to fear a partial administration of the law. 
 
 
22 
 
 LEGISLATIVE AND 
 
 no influence, because it is always supposed to act in accord¬ 
 ance with the views of the Executive. It is almost useless 
 to repeat, that one of the most essential qualities for a legis¬ 
 lative councillor, is independence; and that this independence 
 cannot exist without a fortune sufficient to maintain them 
 with honour and decency, without the assistance of the Go¬ 
 vernment or of any political corporation, in the most respect¬ 
 able rank in the colony. It is to be regretted that so little 
 attention has hitherto been paid to so important a subject; 
 and that those persons have not obtained the privilege of 
 sitting in the Council, who were best calculated for the office, 
 both by their situation and their talents. Unfortunately, few 
 persons are placed there, possessed of landed property; few 
 who are not supported by salaries from the Government. It 
 is easy to see which side they must naturally favour; it is no 
 less easy to perceive, that this partiality must necessarily create 
 misunderstandings between the Legislative Council on the 
 one hand, and the House of Assembly on the other. 
 
 The Legislative Council was, in the year 1824, and is, I 
 believe, at present, composed of thirty-three members: of 
 these, some are too old to attend; others seldom make their 
 appearance, under a pretext (correct or not, is not for me to 
 say) that they are subjected to continual mortifications by the 
 conduct of the ruling people; and others are absent from the 
 province : so that the management of affairs is in the hands 
 of certain resident employes of the Government, the greater 
 number of whom are members of the Executive Council. 
 
 IV. House of Assembly .—The House of Assembly is the 
 Commons House of Parliament for the province; the mem¬ 
 bers of which are elected every four years. In 1792, by a 
 proclamation of the then Governor, Sir A. Clarke, the pro¬ 
 vince was divided into twenty-one counties, and the number 
 of the members to be returned was fixed at fifty. The per¬ 
 sons chosen are usually persons of property ; though that by 
 law is not absolutely required. In England, every knight 
 of the shire ought to have a revenue, upon freehold estate, 
 to the amount of «£\600 per annum; and every citizen or 
 
administrative bodies. 
 
 23 
 
 burgess, being a member, £.300 per annum : but in Canada 
 it is sufficient to have real property, yielding 40s. per annum 
 in the country, and £.5 in the cities; or to pay a rent of 
 <£.10, to be qualified to be elected member of the House of 
 Assembly. Up to the present moment, no necessity has been 
 perceived of requiring any other qualification : no abuse lias 
 hitherto crept in; it being difficult, and almost impossible, 
 for any one to be elected who is not both respectable and 
 independent. 
 
 When the Provincial Parliament was established, “ the 
 French Canadians, notwithstanding their comparative igno¬ 
 rance of the management of a free government, commenced,” 
 to use the language of the Comte de St. Simon, u a donner 
 des marques du patriotisme, que chaque individu apporte en 
 lui a Tinstant qu’il est fait membre d’un gouvernement; et 
 qui se change en suite en esprit de corps.” They chose, at 
 the commencement, a Canadian to be their Speaker; which 
 choice, in place of being turned into ridicule, ought to have 
 been highly approved by the Executive Council, as it actually 
 was approved by the Governor: but, on the contrary, the 
 English leaders , immediately perceiving that from this mo¬ 
 ment their influence must of necessity diminish, placed every 
 possible obstacle in the way of the various resolutions carried 
 by the House; and have, at length, succeeded in creating an 
 inconceivable want of intelligence and confidence between the 
 different parts of the Government, which, down to the present 
 moment, has been of the utmost prejudice to the interests of 
 the country. 
 
 The great body of the Canadians, at this early period of 
 their political existence, felt no ambition for the post of repre¬ 
 sentative ; and abandoned the duty, as well as the honour, 
 to the seigneurs of the country, and some few rich citizens. 
 But, in a few years, the various contests at elections, and the 
 importance which the office of representative was seen to 
 afford, soon excited an emulation among the people, and 
 taught them to discuss and understand the rights conferred 
 on them. This emulation, combined with the necessity ol 
 
24 
 
 JUDICIARY. 
 
 having representatives understanding local interests, soon led 
 different persons, possessed indeed of little education, but, 
 nevertheless, sincerely desirous of promoting their consti¬ 
 tuents’ welfare, to come forward, and oppose the election of 
 those in whom the people placed no confidence; and who, in 
 reality, by their situation and habits, were little calculated to 
 create confidence. In the course of time, without any particular 
 attention being paid to the subject, the House of Assembly was 
 composed of persons fairly representing the people; of men 
 more independent, more firm, and less corruptible than before. 
 
 Until the administration of Sir James Craig (of which we 
 shall speak hereafter), the Canadian people thought it their 
 duty to elect a certain number of persons, really English, or 
 of English extraction; but as these gentlemen, almost without 
 exception, made it a duty to join in the arbitrary conduct of 
 the Governor, they, in the numerous dissolutions of the 
 House which then occurred, naturally lost the confidence of 
 the people, and from that moment the House may be said 
 to be composed exclusively of French Canadians. 
 
 § 2.—Judiciary. 
 
 The judicial establishments of the province are few, and, 
 though simple in their construction, are well fitted, hiddenly, 
 to maintain an extensive and dangerous power in the hands 
 of the Executive Council. 
 
 Certain petty courts, which it is not necessary here to 
 describe, being omitted, the judiciary of Lower Canada is 
 composed in the following manner:— 
 
 At both Quebec and Montreal, there is a separate inde¬ 
 pendent court—the one styled the Court of King’s Bench, 
 for the district of Quebec; the other, the Court of King’s 
 Bench, for the district of Montreal. 
 
 I he first consists of the Chief Justice of the province, and 
 three other judges, all members of the executive or legisla¬ 
 tive councils; the second, of the Chief Justice of Montreal, 
 and four junior judges. 
 
JUDICIARY. 25 
 
 These courts have a civil and criminal side, and dispatch 
 all the business not included in the jurisdiction of the petty 
 courts above alluded to, or in that of the Admiralty Court, in 
 which a single judge presides, he being also one of the 
 judges of the Court of King’s Bench. 
 
 At Three Rivers, there is a court, termed the Provincial 
 Court, over which a single judge presides*. Gaspe, and 
 St. Francis, possess each a court of the same description. 
 
 From these courts, except, I believe, from the Admiralty 
 Courtf, there is an appeal, in civil cases, to a court, styled 
 the Court of Appeals, at Quebec, which is composed of the 
 Governor or Lieutenant-Governor, the members of the 
 Executive Council, the Chief Justice of the province, the 
 Chief Justice of Montreal—any five of these form a court; 
 but the judge from whom appeal is made is unable to sit on 
 the trial of the appeal. 
 
 All the judges of these courts are appointed by the 
 Governor, which, in other words, is by the Executive 
 Council; and are, it would seem, from circumstances which 
 I shall hereafter state, responsible to no one. There is 
 moreover, a graduated scale of appointments, by which the 
 younger judges are maintained in a state of expectancy of 
 
 * The late Pierre Bedard, Esq. is now succeeded by R. Vallieres de St. 
 Real, Esq., a nomination which is highly creditable to the judgment and 
 impartiality of the present Governor. The name of the late Judge and Cana¬ 
 dian patriot, however, will never be mentioned by impartial writers of Canadian 
 history without terms of admiration, for his firm and disinterested conduct 
 during his political career. He was one of those honest Canadians who 
 suffered the most during the administration of Sir James Craig. 
 
 t Abuses of a serious nature, and deserving the attention of Government, 
 are said to have crept into the Court of Admiralty. Several complaints have 
 been made against Judge Kerr (the present judge), and accusations carried 
 before the Provincial Legislature during the last session, but we arc not 
 acquainted with the result We know that £.200 per annum have been 
 granted to the judge by the province, in lieu of fees; but it is positively 
 asserted, that, under different denominations, these fees are still exacted, 
 and have even been considerably increased. This, if correct, must seriously 
 affect the interest of the ship owners and merchants in England. 
 
26 JUDICIARY. 
 
 more important and lucrative situations. The higher judges 
 themselves, form the most influential portion of the Execu¬ 
 tive Council, and thus the power of the Council extends 
 through the whole body of the judicature. 
 
 This power stops not here; besides the control which 
 is thus preserved over the judges, there is a direct influence 
 possessed over every part of the administration of justice, 
 even where juries are employed. 
 
 In Canada, the sheriff 1 is not, as in England, the chief 
 man in his county, nor his office one without emolument. 
 He. with us, is an officer of the court, is removable at the 
 will of the Governor, lias a salary, and is thus under the 
 power of the Executive. 
 
 I may cite, as an example of the mode in which influence 
 is maintained, the present state of the judicature at 
 Quebec:—The Chief Justice is Mr. Sewell, he is an execu¬ 
 tive councillor, so are his colleagues; so much then of the 
 administration of justice as depends wholly upon them may 
 thus be said to be governed by the wishes of the Executive 
 Council. The sheriff is Mr. W. S. Sewell, son of the chief 
 justice. It is the duty of the sheriff to prick the juries 
 when they are needed. If, at any time, causes should come 
 on, in which the interests of those in power are involved, 
 what security exists, that no improper advantage may be 
 taken of the power of the Executive in the selection of 
 jurymen? I do not assert, nor do I mean to insinuate, 
 that the sheriff is not a man of probity; but I do assert, 
 and that openly, that the administration of justice ought not 
 to be dependent on the voluntary good conduct of anv man. 
 The conduct of the sheriff ought to be subjected to such 
 influence as would compel him to be upright. The sheriff* 
 ought not to be one immediately under the dominion of 
 the Executive, and closely allied to the ruling judge of the 
 court. A jury is thought requisite, in order to guard 
 against any improper influence of the Executive over the 
 judge; such is the express constitutional theory respecting 
 jury trials: but if it be requisite to choose a jury for this 
 
JUDICIARY. 
 
 27 
 
 end, it is absolutely requisite, that he who chooses the jury 
 should also be free from such improper influence. 
 
 In Canada, moreover, there is no relief for the subject 
 against the Crown, as will be seen by the following 
 extract:— 
 
 « The King cannot be sued in his courts. It is under¬ 
 stood that, by decisions of our own courts, public officers 
 cannot be sued for engagements entered into by them in 
 their public capacity, so that really the subject may suffer 
 without a remedy. In England, there is the petition of 
 right, which is decided upon in legal form. The Bill, 
 introduced in 1824, by a distinguished advocate, was in¬ 
 tended to give a similar relief to the subject here. It , 
 however, failed in the Legislative Council*." 
 
 The officers of the crown always are careful to confound 
 their own rights with those of the King himself; they 
 studiously guard themselves from attack and control, under 
 shelter of the constitutional maxim, that the King is not 
 answerable for his conduct; and exclaim that His Majesty’s 
 dignity is insulted, when their own evil deeds are censured. 
 Attempts to make these various judicial officers amenable to 
 justice will hereafter be described; the causes and conse¬ 
 quences of the failure of these well-directed endeavours will 
 also be laid before the reader, whom I request then to bear 
 in mind the hasty sketch which I have here given of our 
 irresponsible judicature, and then to decide upon the feel¬ 
 ings and intentions of those persons who successfully opposed 
 such salutary, such absolutely necessary reforms. 
 
 * Sketch of Business , p. 22. 
 
 / 
 
u 
 
 CHAPTER III. 
 
 A List of the Governors, from 1791 to the present time — 
 Observations on the State of Canada, under Sir James 
 Craig- Sir George Prevost—General Drummond—Sir 
 John Sherbrooke — The Duke of Richmond—Lord 
 Dalhousie. 
 
 After the exposition I have thus given of the Govern¬ 
 ment, and the people to be governed, I shall be more easily 
 understood in the narration which I am now about to 
 commence, of the actual workings of this Government, and 
 of the situation of the people under it. 
 
 It is not my intention to give a complete detail of its 
 history, from the period at which our constitution was es¬ 
 tablished down to the present time, but to single out such 
 parts as will enable the reader fully to understand the 
 workings of the system, to obtain a clear idea of the evils 
 we labour under, as well as the remedies which ought to be 
 applied to them. The following is a list of the various 
 Governors who have ruled over Canada, since it was possessed 
 of a free government. Of these reigns, if I may be per¬ 
 mitted to use such a phrase, it is my intention to dwell 
 particularly upon that of Sir James Craig, Sir Gcoro-e 
 Prevost, Sir John C. Sherbrooke, and Lord Dalhousie, In 
 order that the reader may perceive the difference of the effect 
 produced by tyrannical and coercive measties, even upon 
 the most tranquil and submissive people, and that resulting 
 from equitable and conciliatory proceedings. 
 
SIR JAMES CRAIG. 
 
 29 
 
 Alured Clarke, Lieut-Governor and Com.-in-Chief - 1791. 
 
 Lord Dorchester - -- -- -- -- -- Sept. 24, 1793. 
 
 Robert Prescott ------------ 1796. 
 
 Sir Robert J. Milnes, Bart, Lieut-Governor - - - July 31, 1799. 
 
 Hon. Thomas Dunn (President) ------- July 31, 1805. 
 
 Sir J. H. Craig, K.B., Governor-General - - - - Oct. 24, 1807. 
 
 Hon. Thomas Dunn (President) ------- June 19, 1811. 
 
 Sir George Prevost, Bart Governor-General - - - Sept. 14, 1811. 
 
 Sir Gordon Drummond, G.C.B., Admin.-in-Chief - April 4, 1815. 
 Sir Peregrine Maitland - -- -- -- -- 1815. 
 
 John Wilson (Administrator) - -- -- -- - May 22, 1816. 
 
 Sir J. C. Sherbrooke, G.C.B., Governor-General - - July 12, 1816. 
 
 Duke of Richmond, K.C.B. Governor-General - - July 30, 1818. 
 
 Hon. James Monk (President) ------- Sept. 20, 1819. 
 
 Earl of Dalhousie, G.C.B., Governor-General - - - June 18, 1820. 
 
 When the Government I have described was conferred 
 upon Canada, the people generally were not in a situation 
 to appreciate its worth, nor to act up to its principles. They 
 had been brought up under a government which allowed 
 them no will of their own in political matters, and they had 
 long learned to submit in silence. The violent conduct of Sir 
 James Craig aroused them from their lethargy. The pro¬ 
 ceedings of the then government led a body of courageous 
 and instructed individuals to discuss the propriety of its 
 measures. This patriotism—this desire to understand the 
 government of the country, spread far and wide over the 
 remainder of the people, and the whole Canadian nation was 
 almost at one instant changed in their character and their 
 desires. 
 
 The Anti-Canadian party was at this period openly 
 supported by the Governor; and an English editor of a 
 newspaper, entitled the Quebec Mercury , under the same 
 patronage, indulged in every species of sarcasm against the 
 manners, the habits, the religion, the political feelings, and, 
 above all, the loyalty of the Canadians. This hostility on 
 the part of the Governor—this abuse on the part of his 
 satellite, induced a number of respectable and talented 
 individuals to procure a printing press, for the purpose of 
 
30 
 
 SIR JAMES CRAIG. 
 
 counteracting the effects that might be produced by the 
 false accusations then indulged in. They quickly succeeded 
 in establishing a weekly paper, published in French, and 
 styled Le Canadien. The paper war which immediately 
 followed did not fail to inflame the minds of both parties; 
 and Sir James Craig, instead of endeavouring to calm these 
 animosities, and remove the original cause of them, stre¬ 
 nuously countenanced the English side, and thus increased 
 the ill-will, on both sides, to a degree absolutely menacing 
 to the interests of the province. He at length committed 
 an act of injustice that no excuse can possibly palliate: he 
 maltreated, degraded, and, in the end, without form or legal 
 process, imprisoned a number of persons, whom he believed, 
 or had been told, were suspected . These persons, to his 
 great mortification, he was eventually compelled to release, 
 by an order (it is said) from the Ministers in England. This 
 was dene without the slightest attempt having been made to 
 inculpate them, and without the least compensation having 
 been afforded to them for the ill-treatment they had received. 
 It may be well to lay before the reader the circumstances 
 which led to this extraordinary proceeding. At this period, 
 a misunderstanding beginning to arise between England and 
 America, the Governor deemed it necessary to organize a 
 militia. Unfortunately, however, he was made to believe, 
 that arms could not be confided to the Canadians without 
 imminent danger; and some ill-disposed persons succeeded 
 in inflaming his mind to such a degree, that he at length 
 seriously believed the province to be in a state of revolt. 
 The war carried on by the newspapers confirmed this belief. 
 It was reported, and, strange to say, the Governor believed 
 the report, that the French Minister in the United States 
 fostered the rising sedition of the Canadian people; that 
 large sums of money had been transmitted by the French 
 Government, for the support of the insurgents. This idea, 
 although ingenious, was absurd, as future events will suf¬ 
 ficiently testify; but nothing appeared strange to the Go- 
 
SIR JAMES CRAIG. 
 
 31 
 
 vernor, who, in the present excited state of his imagination, 
 was ready to give implicit confidence to whatever told to the 
 disadvantage of the Canadian people. 
 
 At length there appeared a placard, or hand-bill, signed 
 VAmi Sincere *. This determined the Governor to seize 
 the press of the Canadien , and, on the 17th of March, 
 1810, a party of military seized both the printing materials 
 and the printer, who, in spite of the immense sums of French 
 money, and, we suppose, to the great astonishment of Sir 
 James Craig, was conducted to prison without opposition— 
 without the slightest tumult. At the same time, and with 
 the same ease and quietness, many other respectable Cana¬ 
 dians, among whom were some members of the House of 
 Assembly, were also sent to prison: and thus ended this 
 dreadful revolution. Some time after, they were politely 
 requested to leave the gaol in which they had been confined; 
 —no explanations being given—no compensation offered— 
 no justification being required. One of them, however, 
 more obstinate than the rest, refused to depart, unless some 
 process, or trial, should take place; and remained one year 
 longer incarcerated. Perceiving that he gained nothing by 
 thus holding out, he then took his leave of the gaoler. It 
 perhaps may be satisfactory to learn, that, in the succeeding 
 administration, all these injured persons were recompensed 
 by lucrative places; that the printing press was restored to 
 the original proprietors; and that the most obstinate among 
 them, being an advocate, was advanced to the post of a 
 judge. 
 
 We may here be permitted to remark, that the recom¬ 
 pense thus bestowed was no retribution: it came not from 
 the hand that had worked the evil—it came not from the 
 law, acting as the redresser of wrongs—but was solely the 
 result of the good feeling and good sense of the next 
 governor, using his private judgment; and, though the 
 
 * From this placard, the reader will find some extracts in the Appendix, 
 No. VIII. 
 
 i 
 
32 
 
 SIR JAMES CRAIG. 
 
 world well understood the reason of the favours then be¬ 
 stowed upon these injured persons, no public avowal of 
 misconduct on the part of the former Governor was ever 
 made—no public and formal acknowledgment of the inno¬ 
 cence of those he had imprisoned was ever attempted : the 
 illegal act passed off without censure, and might be com¬ 
 mitted anew, for aught then or since done respecting it. 
 
 From this moment, the conduct of Sir James Craig, as 
 well as of those who advised him, became utterly inexplicable. 
 Hitherto he had enjoyed a fair share of popularity : he 
 seemed determined now, however, to omit nothing which 
 might render him obnoxious to the people. He constantly 
 dissolved the Parliament, without the shadow of a pretext; 
 he used insulting language towards the representatives of 
 the people, and acted in every way, and to the highest 
 degree his situation permitted, the imperious and reckless 
 despot. The consequence was, that he inflamed the public 
 mind, brought on discussion, and taught the Canadians to 
 study the constitution which the Imperial Parliament had 
 bestowed on them. They determined to resist, step by 
 step, every encroachment on their rights; and thus the 
 attempts to establish a despotic sway, and to beat down the 
 spirit of the people, served to establish a free government, 
 and create a sturdy independence. From this moment the 
 influence of the popular party, among the Canadians, became 
 paramount; the Canadian and Anti-Canadian parties became 
 permanently and inveterately opposed : all the natives, 
 whether of English or French extraction, now feel the 
 necessity of acting in concert—they feel no longer any 
 shame in acknowledging themselves Canadians. The spirit 
 of nationality is augmenting, and must continue to increase. 
 It has unfortunately, but unavoidably, caused an insur¬ 
 mountable jealousy against the power and dominion of 
 persons sent from England ;—persons possessing themselves 
 of all the most important posts in the government;—persons 
 unacquainted with the true interests of the people, and 
 desirous of showing their superiority by continually calum- 
 
Sill JAMES CRAIG. 
 
 33 
 
 mating the habits, feelings, and capacity of a nation, of 
 whom they must, of necessity, be profoundly ignorant. 
 
 All these various troubles contributed to form a body of 
 men, possessing talents and patriotism;—men who feel their 
 own importance, who are acquainted with their rights, who 
 perfectly comprehend the principles of their constitution, 
 and who are not of a character likely to retrograde. Having 
 also, during the last American war (as we shall immediately 
 show), had an opportunity of proving their steady adherence 
 to England, they are now no longer open to attacks from 
 their enemies, on the subject of what is impertinently termed 
 their want of loyalty. The following observations of the 
 Comte St. Simon will illustrate the situation of the Canadian 
 
 people, at the different periods we have gone over:_ 
 
 Une nation peut soffrir sous trois aspects; se trouver 
 dans trois etats divers. Le premier est de ramper sous un 
 gouvernement arbitraire, de se plaire dans sa servitude, et 
 de ne concevoir rien de plus desirable que la faveur de ceux 
 qui gouvernent, rien de plus noble que les distinctions qu’elle 
 donne.” Such was precisely the situation of the Canadian 
 people, under the dominion of the French; and also under 
 that of the English, till the year 1774. 
 
 “ Le second est d’avoir su s’elever au-dessus de Petat 
 social, on I on vit, par les lumieres philosophiques et la 
 noblesse des sentimens; de s’etre arrache a ces idees de 
 faveur, qu'il faut acheter par des bassesses; d avoir su qu’il 
 y avait au-dela quelque chose de plus digne de Phomme; 
 et d y avoir tendu en luttant contre le cours des choses, mais 
 sans chercher a le changer.” Such was the situation of the 
 Canadians from the year 1774; and such was the conduct 
 they pursued, and the feelings they experienced, until they 
 obtained their constitution in 1791. 
 
 “ Le troisieme et le meilleur, sans doutc, est de s’etre fait 
 un gouvernement, dont chacun peut etre membre, s’il en est 
 digne ; d’employer tous ses soins, ses travaux, ses lumieres, 
 au maintien et a la perfection de Pordre social etabli.” This 
 last is the situation of England, in imitation of which our 
 
 D 
 
 
 X 
 
34 
 
 SIR GEORGE PREVOST. 
 
 present constitution was established. “ II est beau,” adds 
 St. Simon, “ sans doute, de s’etre eleve a la hauteur des 
 sentimens les plus nobles, du milieu de Tabaissement de la 
 servitude ; de s’etre derobe par Tindependance de la pensee 
 a la gene d’une domination absolue; mais il est plus beau, je 
 pense, d’avoir su se creer un gouvernement libre, dans lequel 
 on puisse se reposer sans bassesse et sans honte.” To this 
 state of feeling and of thought, I am proud to say, the great 
 body of my countrymen have arrived ; and the one great 
 cause of its being so early attained, I consider to have been 
 the impotent despotism of Sir James Craig. He irritated, 
 but had not power to subdue; he gave an immediate reason 
 for the people to turn their attention to the government, and 
 that attention he was unable to divert. At length, on the 
 11th of June, 1811, he embarked for England, to the great 
 contentment of almost the whole population, carrying with 
 him the maledictions of an insulted people, and leaving a 
 disordered government in the hands of the President of the 
 Council, Mr. Dunn, an old man, without much capacity, 
 but who, fortunately, had resided long enough in the country 
 to know all the intrigues, and be on his guard. The province, 
 at this time, was almost in a state of revolt. 
 
 To him succeeded Sir George Prevost. The admini¬ 
 stration of this Governor forms an important epoch in the 
 history of Canada; and satisfactorily proves two assertions 
 we have already hazarded concerning the system of the 
 Canadian Government. The first, that no Governor can 
 long successfully oppose the Executive Council; the second, 
 that just and gentle treatment is the most effectual method 
 of obtaining from the people of the colony whatever their 
 rulers may desire. Until the administration of Sir George 
 Prevost, the Canadians had been treated as a conquered 
 people—as disloyal and seditious subjects, to whom it was 
 dangerous to entrust the defence or the government of their 
 country. Hitherto we have seen them calumniated, mal¬ 
 treated, and despised. What was to be expected from a 
 people whom a certain dominant class was endeavouring, 
 
Silt GEORGE PEEVOST. 
 
 35 
 
 and, I am sorry to say, is still endeavouring, to represent as 
 unworthy of the confidence of the Government? Whose 
 leading men, instead of being trusted with posts of honour 
 and importance, were treated with insult and ridicule? 
 This assuredly was not the mode by which the nation could 
 be rendered well affected towards the mother country. Sir 
 George Prevost saw the error of former Governors in this 
 respect, and directed his conduct in a widely different course. 
 He trusted and put confidence in the Canadians ; he treated 
 them with respect; and thus won their esteem and affection. 
 Why has not this method been since pursued ? It is 
 easy for a mother to maintain a good understanding 
 with her children, by according them certain privileges 
 and enjoyments which affect not her maternal authority. 
 England might with ease protect her commerce with her 
 colonies, and at the same time leave the management of their 
 internal affairs to the colonists themselves; these internal 
 affairs would thus be placed in the care of persons known 
 and esteemed by the colonists; and instead of those heart 
 burnings which are now so continued and so bitter, we 
 should then see uninterrupted harmony, and that prosperity 
 which is its necessary accompaniment. The conduct of 
 Sir George Prevost had a tendency to produce this result; 
 and on this account I am desirous of giving a detailed history 
 of his administration, and rendering justice to his manes , in 
 as far as my feeble powers permit. Having been an eye¬ 
 witness of his proceedings; having served under his command 
 during the war he carried on, I feel in some measure en¬ 
 titled to speak with confidence respecting his merits. Perhaps 
 it may be thought not within my province to praise his 
 military plans and conduct; I assuredly, however, am as 
 well (I believe I may say, without vanity, better) qualified 
 to praise, than many others (who have taken upon them¬ 
 selves that task) to blame that conduct. I shall hazard the 
 undertaking, however presumptuous it may seem. 
 
 When Sir George Prevost succeeded to the government, 
 he was compelled, alone, and without assistance, to devise 
 
36 Silt GEORGE PREVOST. 
 
 t 
 
 plans for the defence of the country. The Americans 
 threatened an immediate invasion, calculating, from the pre¬ 
 viously disturbed state of the colony, that they should meet 
 with little resistance from the inhabitants. These inhabitants, 
 however, the Governor found to be his only support; and 
 those very men, who a few weeks before had been accused 
 of sedition—those very representatives, who had been in¬ 
 sulted and injured, furnished him with every possible supply 
 for the army he had under his command, and organized a 
 militia which, almost entirely without assistance from Eng¬ 
 land, resisted the invasion of the Americans. 
 
 On the 24th of June, 1812, it was known at Quebec, that 
 war was declared between America and England. This 
 event created no surprise, such a result having long been 
 expected; and the people now prepared for their own 
 defence. Four battalions of militia were immediately raised; 
 a provincial corps, the Canadian Voltigeurs, was organized 
 and equipped in the short space of six weeks, by the liberality 
 of the officers, who were chosen from among the younger 
 part of the most respectable Canadian gentry*; and a spirit 
 of military enthusiasm was quickly excited by the politic 
 conduct of the commander-in-chief. 
 
 Upon the opening of the Provincial Parliament, the Go¬ 
 vernor, after briefly informing the Parliament of the recent 
 declaration of war by America, said, “ he relied upon the 
 spirit of His Majesty’s subjects in the province, their attach¬ 
 ment and zeal for the religion of their forefathers, their 
 loyalty to their sovereign, and their ardent love for the true 
 interests of their country; and that he should depend im¬ 
 plicitly, under Divine Providence, upon their best exertions, 
 aided by the courage and loyalty of the militia, and by the 
 valour, skill, and discipline of His Majesty’s regular forces-f*, 
 
 * It were to be wished that many of the officers, who then mainly assisted 
 in the raising this and other corps, which proved so useful in the defence of 
 the colony, had been better treated after the war was at an end. Things, 
 however, wear a very different aspect when service is no longer required. 
 
 f The regular forces in Canada amounted to no more than 4000 men. 
 
SIR GEORGE FREVOST. 
 
 37 
 
 for repelling every hostile attempt that might be made upon 
 the colony*.” Certainly, a remarkable change this, in the 
 language of the Government! 
 
 Again, on the 29th of December, 1812, he thus addressed 
 the House:— 
 
 “ I have received His Royal Highness the Prince 
 Regent’s express commands , to thank you, in his name, for 
 the assurances of support and attachment which the address 
 of the House contains; and to acquaint you, that His Royal 
 Highness places that confidence in the courage and loyalty 
 of His Majesty’s Canadian subjects , which makes him 
 equally fearless of the result of an attack upon them, and 
 of any insidious attempts to alienate their affection from his 
 government.” 
 
 To show the reader that this confidence was not unde¬ 
 served, I quote the following extract from the Governor’s 
 speech of the 13th of January, 1814 :— 
 
 “ In reviewing the events of the late war, I cannot but 
 contemplate, with pride and satisfaction, the zealous dis¬ 
 charge of duty which I have witnessed, as well in the militia 
 as in all classes of His Majesty’s subjects in this province; 
 which I consider the surest indication of their loyalty to 
 their sovereign, and of their determination to defend, to the 
 last extremity, this valuable portion of his dominions.” 
 
 The Governor, perceiving that extraordinary expenses 
 must be undergone, with great delicacy and tact prepared 
 the House of Assembly for a message which he eventually 
 sent down on the subject. The object of the message was, 
 that as there was no money in the coffers of the government, 
 to issue army bills, payable either in cash or in government 
 bills of exchange in London. This measure was approved 
 by the House of Assembly, and a Bill to facilitate the cir¬ 
 culation of army bills was introduced; and the liberality of 
 the House of Assembly surpassed the hopes of the Executive. 
 i?.15,000 were granted to pay the interest that might become 
 
 * Memoirs , by Robert Christie, Esq., p. 46. 
 
38 
 
 Silt GEOltGE PREVOST. 
 
 due upon army bills, of which <£.250,000 were authorised 
 to l>e put in circulation (large bills, of twenty-five dollars 
 and upwards, bearing interest at the rate of four-pence per 
 day for every eP.100.) ; they were made current in the 
 revenue, were to have the effect of a legal tender, and were 
 redeemable at the Army Bill Office, either in cash or go¬ 
 vernment bills of exchange on London, at the option of the 
 commander of the forces. Small bills of four dollars were 
 at all times payable, in cash, at the Army Bill Office. All 
 contracts, in which any distinction should be made between 
 army bills and cash, were to be void ; and at the expiration 
 of five years, all those who might be holders of such army 
 bills were entitled to receive the amount of the same, with 
 the interest due upon them, out of the Provincial Treasury. 
 To defray the expenses of the Army Bill Office, in issuing, 
 circulating, and cancelling the army bills, the Legislature 
 also granted the further sum of £.2,500 per annum. 
 On the 1st day of August, 1812, this Bill received the 
 royal sanction ; and the Governor prorogued the Parliament, 
 with acknowledgments for the liberal aid they had granted 
 him to meet the exigencies of the public service. This 
 seasonable provision of the Legislature at once enabled the 
 Government to meet the demands of the public service, and 
 revive the public spirit. A want of means, at so urgent a 
 crisis, must have paralysed the energies of Government; 
 and this circumstance alone might have created a doubt in 
 the minds of the Canadians of the indifference of the mother 
 country towards the colony, that would have induced a 
 despondency fatal to the provinces*. 
 
 General Prevost was, without contradiction, the first Go¬ 
 vernor who properly appreciated the feelings of the Canadian 
 people; and we may see that, in as far as the people’s repre¬ 
 sentatives were able, he was fully recompensed for his good 
 feeling. The critical situation in which he found himself, 
 and that which, in all cases, weighs more than feelings of 
 
 Christie * Memoirs, p. 43. 
 
SIR GEORGE PREVOST. 
 
 39 
 
 immediate interest with a high-minded gentleman, sentiments 
 of honour and honesty, induced him to pursue this path ; by 
 which conduct, indeed, he saved an important colony, but in¬ 
 jured his own personal interests. The reproaches that have 
 been heaped upon him, are pretended to be grounded on his ill 
 success in his military expeditions : this ill success is but a pre¬ 
 tence, the real cause of displeasure being his impartial beha¬ 
 viour towards the whole people whom he governed. To those 
 who will take the pains fully to investigate his military conduct, 
 it will appear throughout, to have been directed by prudence 
 and forethought; he will be found to have sacrificed nothing 
 to his personal vanity, but to have been guided, rather by the 
 cool calculation of a general, than the blind and headlong fury 
 of a soldier. True it is, that he was unsuccessful in his expe¬ 
 dition at Plattsburg; true it is, that our whole fleet was 
 captured; and true it is, that the General determined to 
 retreat: the loss was not the consequence of the General’s 
 want of forethought or skill, but his want of fortune; the 
 retreat was not the consequence of want of courage, but the 
 dictate of sound sense and humanity. Had he persisted in 
 his enterprise, a large number of men must have been lost, 
 without the possibility of maintaining the post for an instant; 
 and thus, for the mere purpose of performing a brilliant 
 action, he would have uselessly sacrificed a large portion of 
 his army. This, however, as I have already observed, was 
 but the pretence ; the real cause of hatred to him originated 
 in a far different source. 
 
 From the moment that Sir George Prevost took the reins 
 of government, he endeavoured, as much as his power per¬ 
 mitted, to recompense, by honourable and lucrative situations, 
 those persons who had been ill-treated by his predecessor. 
 He assembled around him every person who possessed the 
 esteem of the Canadian public, and thus formed a powerful 
 Canadian party; re-established confidence in the minds of 
 the inhabitants, and softened, by acts of clemency, the rigour 
 of the measures pursued in former administrations. By this 
 means he made implacable enemies in the opposite party, 
 
40 
 
 Silt GEORGE PREVOST. 
 
 who did not fail to attempt'his ruin. He, nevertheless, 
 steadily pursued the same conduct, contemned their en¬ 
 deavours, and forced them, eventually, to feel an unwilling 
 respect for him. Unfortunately, he was surrounded by per¬ 
 sons of whom he was necessarily suspicious; he was ill sup¬ 
 ported by his staff, and believed it absolutely necessary for 
 him to be in the field, when he ought to have been employed 
 in the cabinet. Two expeditions, in which he commanded 
 in person, were unsuccessful; and no more was required for 
 his enemies to attempt his ruin. Different representations 
 were made against him in England, which induced him, un¬ 
 fortunately, to undertake a painful and dangerous voyage to 
 Europe, on purpose to justify his conduct. Four heads of 
 accusation were brought against him, by Sir James L. Yeo; 
 and to these he was endeavouring to answer. Lest he should 
 lose time, he left Quebec on the (3rd of April, with the in¬ 
 tention of proceeding to Halifax, or St. John’s, New Bruns¬ 
 wick, traversing three-fourths of the time, on foot, woods 
 buried in snow; he arrived at Halifax, and embarked for 
 England. 
 
 On the 25th of March, 1815, previous to his departure, he 
 prorogued the Provincial Parliament; informed them that he 
 was commanded by the Prince Regent to return to England ; 
 that it was his intention to depart immediately, in order to de¬ 
 fend his character, w hich had been assailed by the naval com¬ 
 mander who had acted in conjunction with him on the lakes. 
 
 u However intent (said he) on the subject that thus sum- 
 mons^my attention, be assured I shall bear with me a lively 
 recollection of the firm support I have derived from you; 
 and I shall be gratified, at an early period, in representing, 
 personally, to His Royal Highness the Prince Regent, the 
 zeal and loyalty evinced by every class of His Majesty’s 
 subjects in British North America, during my administration, 
 their attachment to his august person and government, and, 
 most particularly, the spirit and devotion manifested by the 
 people of the Canadas, in the late contest with the United 
 States of America.” 
 
SIR GEORGE PRKVOST. 
 
 41 
 
 The fatigues of his painful voyage, combined with a deli¬ 
 cate constitution, and the inquietude of mind caused by the 
 accusations brought against him, caused his death, before 
 opportunity was afforded of justifying his conduct. It is 
 satisfactory to learn, however, that justice was done to his 
 memory; that his great services have been properly appre¬ 
 ciated, and the calumnies against his character have met the 
 contempt and refutation they have so richly deserved. 
 
 By this stroke of political intrigue, the Canadians found 
 themselves suddenly deprived of a Governor who appreciated 
 their merits ; the House of Assembly showed its attachment 
 to his person and his measures, by voting the sum of o£\5OO0 
 sterling, for the purpose of buying a service of plate, to be 
 presented to him, in remembrance of their gratitude for the 
 services he had rendered ; the Legislative Council, however, 
 opposed the grant, thus showing where the real enemies of 
 Sir George Prevost were to be found; and directing the at¬ 
 tention of every* man of common sense to the causes which 
 rendered him unpopular with the class to which they belonged. 
 It is to be regretted, that the Canadians have not yet erected 
 a monument to his memory, in acknowledgment of his me¬ 
 ritorious services, as the founder of their constitutional rights. 
 
 Let all those who have blamed, and who yet blame, the 
 military conduct of Sir George Prevost (his civil government 
 has, by every one, been acknowledged to be beyond all praise); 
 let them, I say, recollect, that he was chosen Governor-in- 
 Chief at the commencement of a war with America; that 
 in the whole country there were only 4000 regular troops 
 to defend an immense frontier ; that there was no organized 
 militia ; and that the Canadian population were far from well 
 disposed under the preceding administration ; and then let 
 them remember the promptitude with which the battalions 
 of militia and other provincial forces were collected and es¬ 
 tablished ; with what judgment the exposed points of the 
 country were fortified ; with what enthusiasm the unoccupied 
 militia, when needed, offered their assistance ; let them, I say, 
 recollect all these things, and then state, to what else than the 
 
u 
 
 42 SIR GEORGE PREVOST. 
 
 talents of the Governor they ought to be ascribed ? Let the 
 public remember, that to Sir George Prevost it is alone owing, 
 that Canada is now a part of the British dominions; and 
 then let them ask, if he deserved the treatment lie received ? 
 
 “ Peuples, dont la douleur aux larmes obstin£e, 
 
 De ce Prince clieri deplore le trepas, 
 
 Approchez, et voyez, quelle est la destinee 
 Des grandeurs d’ici bas*.” 
 
 I should not so long have dwelt upon the administration of 
 Sir George Prevost, had it not been intimately connected 
 with the cause of the Canadian people; and had it not been 
 an admirable illustration of the effects of the present system 
 of our Government. I will here close my remarks on his 
 conduct by the following extract:— 
 
 “ The administration of the civil government of Lower 
 Canada, under Sir George Prevost, was mild, equitable, and 
 unquestionably popular, among the entire mass of the Ca¬ 
 nadian population; in whose loyalty, from the commencement, 
 he placed the most implicit confidence. To their fidelity, 
 and to the prudent and conciliating policy of the Governor, 
 Great Britain is indebted for the preservation of the Canadas, 
 unavoidably left destitute of money and troops, at the outset 
 of hostilities with America, by reason of the urgent demands 
 of the war in Spain. The provincial Legislature, by giving 
 a currency to army bills, and guaranteeing their redemption, 
 effectually removed all apprehensions of a deficiency in the 
 financial resources of the colonial government. The organi¬ 
 zation of a respectable force of embodied militia, and the 
 power delegated to the Governor of turning out the whole of 
 the effective male population of the province, in cases of emer¬ 
 gency, enabled him to withstand the efforts of the United 
 States during two successive campaigns, with scarcely any 
 other resources than those derived from the colony. They 
 who had been partial to the preceding administration, and 
 who, probably, may have been instrumental in the arbitrary 
 measures with which it is reproached, were, as might be 
 
 * J. B. Rousseau, Ode tur le Prince de Conti. 
 
GENERAL DRUMMOND. 
 
 43 
 
 expected, adverse to the policy of the present Governor, and 
 spared no pains to represent in England the affairs of the 
 colony in the falsest colours. The disappointments expe¬ 
 rienced at Sackett’s Harbour and Plattsburg, gave occasion 
 to his enemies to discredit his military character; but, what¬ 
 ever may have been his capacity as a general (which we 
 leave to the judgment of military men), it must be admitted, 
 that, as a civil Governor, at the head of a people irritated by 
 arbitrary measures under the preceding administration, he 
 judiciously explored his way, through a period of unpre¬ 
 cedented embarrassments and danger, without a recurrence 
 to martial law, or the least exertion of arbitrary power. His 
 manners are represented, by those who were familiarly ac¬ 
 quainted with him, as unassuming and social; his public 
 speeches, or addresses, partook of even a classic elegance; 
 his smooth and easy temper placed him beyond the ordinary 
 passions of men in power; and, though aware of the intrigues 
 of unprincipled and implacable enemies, labouring at his 
 destruction, and loaded with the obloquy of the press, he 
 is known to have harboured no resentment against the former, 
 and to have reasoned with that coolness and unconcern with 
 respect to the latter, which can only spring from a virtuous 
 and ingenuous mind*.” 
 
 Immediately upon the departure of Sir George Prevost, 
 the government of the country was assumed by General 
 Drummond, who had greatly distinguished himself during 
 the campaign in Upper Canada. The intimacy which had 
 existed between him and Sir James Craig, was, in the opinion 
 of the Canadians, no favourable augury as to the conduct he 
 would pursue. His administration, though short, gave 
 evidence that the people had judged correctly. A dispute at 
 this time arose between the Government and the House of 
 Assembly, the history of which it is of importance to relate. 
 
 During the administration of Sir George Prevost, seventeen 
 heads of accusation were carried, in the Plouse of Assembly, 
 
 * Chkistie’s Memoirs , Postscript. 
 
44 GENERAL DRUMMOND. 
 
 against the two Chief Justices of the province : the matter of 
 these accusations was, that they, the judges, had given illegal 
 advice to Sir James Craig in 1810, and unconstitutionally 
 aided his arbitrary proceedings; and that they had gone 
 beyond their legal powers, in introducing certain rules of 
 practice into their respective courts. The Governor was 
 requested to transmit the accusations to England : he did 
 so, but no favourable answer having been returned, and the 
 matter having laid at rest in England a year before it was 
 noticed, the House considered it requisite to choose an 
 agent for the purpose of supporting and furthering their 
 complaints. The House also voted the impeachment of 
 the judges, and presented a request to Governor Sir 
 George Prevost, to suspend them from the exercise of their 
 judicial functions, and at the same time to transmit to the 
 Prince Regent the accusations drawn up. The Legislative 
 Council refused to join in this proceeding, and resolved, that 
 the Lower House possessed no right of impeachment. The 
 Governor, in consequence, refused to comply with the request 
 of the House of Assembly, stating to the deputation of the 
 House, that, without the concurrence of the Legislative Coun¬ 
 cil, he deemed the measure unconstitutional . The House 
 was exceedingly dissatisfied by the answer of the Governor, 
 and finished by resolving,—“ That His Excellency the Go¬ 
 vernor in Chief, by his answer to the address of the House, 
 had violated the constitutional rights and privileges thereof” 
 The Legislative Council having refused their assent to the 
 Bill, raising money for the support of an agent, that project 
 of the Lower House necessarily failed. Their complaints, 
 however, were, in spite of the Governor’s former opinion* 
 transmitted to England; but, as no agent was there to explain 
 their grievances, and as the Chief Justice was allowed to 
 depart to England, in order to defend himself, it is nothing 
 wonderful, that the accusations of the people’s representatives 
 failed of producing their proper effect. 
 
 As the political influence of the Chief Justice of the 
 province, the Honourable Jonathan Sewell (certainly a man 
 
GENERAL DRUMMOND. 
 
 45 
 
 of superior abilities), lias been, in the opinion of many 
 persons, most injurious to the interests of the country, I shall 
 be somewhat minute in the detail I shall give of the fate 
 of the accusations brought against him by the House of 
 Assembly. 
 
 When Mr. Sewell reached England, he found Lord 
 Bathurst disposed to listen to his statements, and believe his 
 insinuations against the characters of his accusers. Interest, 
 on the part of one of the chief leaders of the Canadian party, 
 was by him stated to have given rise to the present storm. 
 Mr. James Stuart, now Attorney-General of Lower Canada, 
 was, in 1810, abruptly dismissed from the situation of 
 Solicitor-General, and that important office was conferred 
 upon a person of the name of Sewell. The anger felt by 
 Mr. Stuart, on account of this proceeding, was asserted to 
 be the real cause of the persecution, as it was termed, of the 
 Chief Justice ; and the statements of the Assembly to be mere 
 figments used to colour, and lend a sanction to private malice. 
 Lord Bathurst, and consequently the Privy Council, were, 
 for many reasons, willing to give ear to such an explanation, 
 and fancied that the originating cause of an accusation being 
 found, or supposed to be found, nought but private malice, 
 the truth of the accusation of itself was a matter of no mo¬ 
 ment, inasmuch as private malice might be believed to have 
 given birth to the accusations ; insomuch was it requisite to 
 investigate with care and suspicion the evidence by which 
 they were to be supported. The accusation, however, ought 
 to have been tried by its own merits; and, supposing it to 
 have been discovered to be founded in truth, no matter what 
 called it into existence, the culprits ought to have been pu¬ 
 nished. The Privy Council reasoned not in this manner, 
 but unceremoniously dismissed the complaints of the House. 
 General Drummond, now the Governor, communicated this 
 intelligence to the House, saying, that the Privy Council of 
 His Majesty, to whom their complaints and impeachments 
 had been submitted, had decided that they were ill founded, 
 and consequently they had been dismissed , and that this 
 
46 
 
 SIR JOHN SHERBROOKE. 
 
 decision had been approved of by the Prince Regent. The 
 House was justly indignant at this cavalier treatment, 
 having, without doubt, a right to complain and to be heard. 
 To this right, however, the Privy Council had paid no 
 regard. The House, therefore, ordered a general call of the 
 members, to take this affair into their most serious considera¬ 
 tion, and selected a special committee, to inquire into the 
 most efficacious means of giving effect to their complaints. 
 This committee, trusting to the justice of His Majesty’s 
 Government, was of opinion, that the Commons of Lower 
 Canada should present a petition to the Prince Regent, 
 praying him to give them an opportunity of exposing their 
 grievances, in accordance with the right which justly 
 belonged to them. The public was now in a state of great 
 excitement, and all other business in the House was sus¬ 
 pended, when, on a sudden, and quite unexpectedly, the 
 Parliament was dissolved. This conduct on the part of the 
 Governor, General Drummond, as might be expected, created 
 great dissatisfaction, and gave an opportunity to Sir John 
 Sherbrooke (who succeeded General Drummond on the 12th 
 of July, 1816) of exercising the remarkable talent he pos¬ 
 sessed in conciliating all parties, and of inducing the popular 
 leaders to abandon a measure that, for two sessions, had 
 occupied the whole attention of the Assembly. 
 
 Before I proceed to explain the cause of this latter con¬ 
 duct in the House, I am desirous of laying before my reader 
 an extract of the accusations brought by them against the 
 Chief Justice of the province, Jonathan Sewell, Esq., and 
 the Chief Justice of the Court of King's Bench, for the dis¬ 
 trict of Montreal, James Monk, Esq.* 
 
 “ HOUSE OF ASSEMBLY. 
 
 “ Saturday , February 26, 1814. 
 
 “ Mr. Stuart, from the committee appointed to prepare 
 
 * See the Proceedings in the Assembly of Lower Canada on the Rules of Prac¬ 
 tice of the Courts of Justice , and the Impeachments of Jonathan Sewell and James 
 Monk , Esqrs .—Printed by order of the House, 1814. 
 
SIR JOHN SHERBROOKE. 
 
 47 
 
 heads of impeachment against Jonathan Sewell, Esq., Chief 
 Justice of the province, and James Monk, Esq. Chief Justice 
 of the Court of King's Bench, for the district of Montreal, 
 acquainted the House, that the committee had prepared 
 heads of impeachment accordingly, and also a humble 
 representation to His Royal Highness the Prince Regent, 
 which they had directed him to report to the House; and he 
 read the report in his place, and afterwards delivered it in at 
 the table, where the same was read, and the said heads of 
 impeachment and humble representation, so reported, are as 
 follow:— 
 
 “ Heads of impeachment of Jonathan Sewell, Esq., Chief 
 Justice of the province of Lower Canada, by the Commons 
 of Lower Canada, in this present Provincial Parliament 
 assembled, in their own name, and in the name of all the 
 Commons of the said province. 
 
 “ First ,—That the said Jonathan Sewell, Chief Justice 
 of the province of Lower Canada, hath traitorously and 
 wickedly endeavoured to subvert the constitution and es¬ 
 tablished government of the said province, and instead 
 thereof, to introduce an arbitrary tyrannical government, 
 against law, which he hath declared by traitorous and wicked 
 opinions, counsel, conduct, judgments, practices, and actions. 
 
 u Secondly ,—That, in pursuance of those traitorous and 
 wicked purposes, the said Jonathan Sewell hath disregarded 
 the authority of the Legislature of this province, and in the 
 courts of justice wherein he hath presided and sat, hath 
 usurped powers and authority which belong to the Legis¬ 
 lature alone, and made regulations subversive of the consti¬ 
 tution and laws of this province. 
 
 “ Thirdly ,—That the said Jonathan Sewell, being Chief 
 Justice of this province, and President of the Provincial 
 Court of Appeals, in pursuance of the traitorous and wicked 
 purposes aforesaid, did, on the 19th day of January, in the 
 year of our Lord 1809, make and publish, and cause to be 
 made and published, by the Court of Appeals, various regu¬ 
 lations, under the name of * Rules and Orders of Practice,' 
 
 
48 
 
 SIR JOHN SHERBROOKE. 
 
 repugnant and contrary to the laws of this province, whereby 
 the said Jonathan Sewell, wickedly and traitorously, in so 
 far as in him lay, endeavoured and laboured to change, alter, 
 and modify, and to cause to be changed, altered, and modi¬ 
 fied, by the said Court of Appeals, the laws of this province, 
 which he was sworn to administer; and assumed legislative 
 authority, and by the said regulations imposed illegal burthens 
 and restraints upon Ilis Majesty’s subjects in the exercise of 
 their legal rights, and attributed to the said Court unconsti¬ 
 tutional and illegal powers and authority, altogether incon¬ 
 sistent with the duties of the said Court, and subversive of 
 the liberty and just and legal rights of His Majesty’s subjects 
 in this province. 
 
 “ Fourthly ,—That the said Jonathan Sewell, being Chief 
 Justice of this province, and as such presiding in His Ma¬ 
 jesty’s Court of King’s Bench for the district of Quebec, in 
 pursuance of the traitorous and wicked purposes aforesaid, 
 did, in the term of October, in the year of our Lord 1809, 
 make and publish, and cause to be made and published, by 
 the said last-mentioned Court, various regulations, under the 
 name of ‘ Rules and Orders of Practice,’ repugnant and 
 contrary to the law, &c., &c. 
 
 “ Fifthly ,—That the said Jonathan Sewell, being such 
 Chief Justice and President of the Provincial Court of 
 Appeals, as aforesaid, and as well by the duties as the oaths 
 of his offices, bound to maintain, support, and administer, 
 the laws of this province, and award justice to His Majesty’s 
 subjects according to the said laws, hath, nevertheless, in 
 contempt of the said laws, and in violation of his said duty 
 and oaths, set aside the said laws, and substituted his will 
 and pleasure instead thereof, by divers unconstitutional, 
 illegal, unjust, and oppressive rules, orders, and judgments, 
 which he hath made and rendered, to the manifest injury 
 and oppression of His Majesty’s subjects in this province, 
 and in subversion of their most important political and civil 
 rights. 
 
 “ Sixthly ,—That the said Jonathan Sewell, being Chief 
 
Slit JOHN SHERBROOKE. 
 
 49 
 
 Justice, as aforesaid, and also Speaker of the Legislative 
 Council of this province, and Chairman of His Majesty’s 
 Executive Council therein, did, by false and malicious slan¬ 
 ders against His Majesty’s Canadian subjects, and the 
 Assembly of this province, poison and incense the mind of 
 Sir James Craig, being Governor-in-Chief of this province, 
 against them, and mislead and deceive him in the discharge 
 of his duties as such Governor ; and did, on the 15th day of 
 May, in the year of our Lord 1809, advise, counsel, and 
 induce the said Sir James Craig, being Governor-in-Chief, 
 as aforesaid, and being under the influence of the false and 
 pernicious suggestions of the said Jonathan Sewell, as afore¬ 
 said, to dissolve the Provincial Parliament, without any cause 
 whatever to palliate or excuse that measure; and did also 
 counsel, advise, and induce the said Sir James Craig to 
 make and deliver, on that occasion, a speech, wherein the 
 constitutional rights and privileges of the Assembly of 
 Lower Canada were grossly violated, the Members of that 
 body insulted, and their conduct misrepresented. 
 
 “ Seventhly ,—That the said Jonathan Sewell, being such 
 Chief Justice, Speaker of the Legislative Council, and 
 Chairman of the Executive Council, as aforesaid, in pur¬ 
 suance of his traitorous and wicked purposes aforesaid, and 
 intending to oppress His Majesty’s subjects and prevent all 
 opposition to his tyrannical views, did counsel and advise 
 the said Sir James Craig, being Governor-in-Chief, as afore¬ 
 said, to remove and dismiss divers loyal and deserving sub¬ 
 jects of His Majesty from offices of profit .and honour, who 
 were accordingly so removed and dismissed, without the sem¬ 
 blance of reason to justify it, but merely because they were 
 inimical, or supposed to be inimical, to the measures and 
 policy promoted by the said Jonathan Sewell, and in order, 
 in one instance, to procure the advancement of his brother*.” 
 
 m 
 
 
 
 * “Among the arbitrary measures which characterize the times (1810), the 
 dismissal of the Solicitor-General, James Stuart, Esq., from his office, without 
 
 E 
 
 
50 
 
 SIR JOHN SHERBROOKE. 
 
 “ Eighthly ,—That the said Jonathan Sewell, &c., &c., 
 induced Sir James Craig to dismiss Jean Antoine Panet, Esq. 
 who had been during fifteen years, and was still, Speaker of 
 the House of Assembly, from His Majesty’s service as 
 Lieutenant-Colonel of a battalion of militia, without any 
 reason, &c., &c. 
 
 “ Ninthly ,—That the said Jonathan Sewell, regardless of 
 the dignity and duties of his high offices, persuaded and 
 induced Pierre Edward Desbarats, printer of the laws of the 
 province, to establish a newspaper, under the name of the 
 Vrai Canadien , to promote his factious views, and for 
 the purpose of calumniating and vilifying part of His 
 Majesty’s subjects, and certain Members of the Assembly, 
 who were obnoxious to the said Jonathan Sewell, &c., &c. 
 
 “ Tenthly ,—That the said Jonathan Sewell, in pur¬ 
 suance of his traitorous and wicked purposes aforesaid, and 
 intending to extinguish all reasonable freedom of the press, 
 destroy the rights, liberties, and security of His Majesty’s 
 subjects in this province, and suppress all complaints of 
 tyranny and oppression, did, in the month of March, in the 
 year of our Lord 1810, counsel, advise, promote, and 
 approve the sending of an armed military force to break 
 open the dwelling house and printing office of one Charles 
 Lefrancois, being one of His Majesty’s peaceable subjects 
 in the city of Quebec; and there arrest and imprison the 
 said Charles Lefrancois, and seize and bring away forcibly 
 a printing press, with various private papers; which mea¬ 
 sure of lawless violence was accordingly executed, and the 
 said press and papers have since remained deposited in the 
 court-house in the city of Quebec, with the knowledge and 
 approbation, and under the eye of the said Jonathan Sewell. 
 
 “ Eleventhly ,—That the said Jonathan Sewell, &c., &c., 
 with the intention of oppressing individuals supposed to be 
 
 any other ostensible reason than his independent conduct as a Member of the 
 House of Assembly, is not the least remarkable. He was succeeded by 
 Stephen Sewell, Esq., an advocate at Montreal.”— Christie’s Memoirs . 
 
SIR JOHN SHERBROOKE. 
 
 51 
 
 suspicious of his character and views and inimical to his 
 policy, &c., &c., did counsel, advise, promote, and approve 
 the arrest of Pierre Bedard, Francois Blanchet, and .Jean 
 Thomas Tachereau, Esquires, upon the false and unfounded 
 pretext of their having been guilty of treasonable practices, 
 whereby they might be deprived of the benefit of bail, and, 
 by means of the influence derived from his high offices under 
 the Government, caused them to be imprisoned on the said 
 charge, in the common gaol of the district of Quebec, for a 
 long space of time, and at length to be discharged without 
 having been brought to a trial. 
 
 “ Twelfthly ,—That the said Jonathan Sewell, &c., &c., 
 instigated and promoted various acts of tyranny and oppres¬ 
 sion similar to those last mentioned, in other parts of the 
 province, whereby divers individuals, upon the false pretext 
 of having been guilty of treasonable practices, were exposed 
 to unjust prosecutions, imprisoned, and oppressed, and one 
 of then), Francois Corbeil, being old and infirm, was by the 
 rigour of his imprisonment deprived of life, and whereby 
 general alarm and apprehension were excited in His 
 Majesty’s subjects. 
 
 “ Thirteenthly ,—That the said Jonathan Sewell, &c., &c., 
 on the 21st day of March, 1810, being a time when pro¬ 
 found tranquillity prevailed in the province, &c., &c., did 
 wickedly infuse into the mind of the said Sir James Craig, 
 being Governor-in-Chief, as aforesaid, the most false and 
 unfounded suspicions of alarm respecting the dispositions 
 and intentions of His Majesty’s Canadian subjects, and did 
 counsel, advise, and induce the said Sir James Craig to 
 issue a proclamation*, extraordinary and unprecedented, as 
 well in style as in matter, &c., &c.; wherein such statements 
 were made as implied that the province was in a state 
 approaching open insurrection and rebellion, whereby the 
 character of His Majesty’s Canadian subjects was most 
 
 * This proclamation will be found in the Appendix (Letter B.) to Christie’s 
 Memoirs. 
 
52 
 
 SIR JOHN SHERBROOKE. 
 
 falsely calumniated, and foreign states may have been 
 drawn, and there is the greatest reason to believe, from 
 subsequent events, were drawn, into a belief of such dis¬ 
 loyalty in Ilis Majesty’s Canadian subjects as would render 
 the province an easy conquest*. 
 
 “ Fourteenihly ,—That the said Jonathan Sewell, &c., &c., 
 did labour and endeavour, by means of his official influence, 
 to extend and confirm the unfounded imputations made, and 
 alarm excited by the said proclamation ; and in the term of 
 the Court of Criminal Jurisdiction, held in the said month 
 of March 1810, read the said proclamation in open court, 
 for the purpose of influencing the minds of the grand and 
 petit juries in the exercise of their respective duties. 
 
 “ Frfteentlily ,—That the said Jonathan Sewell, &c., &c., 
 hath laboured and endeavoured to produce, in His Majesty’s 
 Government, an ill opinion of His Majesty’s Canadian sub¬ 
 jects, with a view to oppress them, and favour the progress 
 of American influence in this province, and promote the 
 advantageous establishment of Americans, &c., &c., to the 
 great prejudice and injury of His Majesty’s Canadian sub¬ 
 jects, and with a view to the subversion of His Majesty’s 
 Government. 
 
 “ Siocteenthly ,—That the said Jonathan Sewell, &c., &c., 
 influenced by a desire to accelerate a political connection of 
 this province with part of the United States of America, 
 and to deprive His Majesty’s Canadian subjects of their 
 present constitution and laws, did, in or about the month of 
 January, in the year of our Lord 1809, enter into a base 
 and wicked confederacy with one John Henry, an adven¬ 
 turer of suspicious character, for the purpose of sowing 
 and exasperating dissension among the subjects of the 
 government of the said United States, and producing 
 among them insurrection and rebellion, and a consequent 
 dismemberment of the Union; and, in furtherance of the 
 
 * The reader will easily comprehend, after die perusal of these accusations, 
 what we have previously stated respecting the judicious conduct of Sir George 
 Prevo8t 
 
SIR JOHN SHERBROOKE. 
 
 53 
 
 objects of the said confederacy, did, by artful and false 
 representations, counsel, advise, and induce Sir James Craig, 
 being Governor-in-Chief of this province, to send the said 
 John Henry on a mission to the said United States, whereby 
 the attainment of the views of the said Jonathan Sewell was 
 to be promoted, and the said Jonathan Sewell became and 
 was a channel for the correspondence of the said John Henry 
 respecting his mission aforesaid; by which conduct the said 
 Jonathan Sew'ell hath exposed His Majesty’s Govern¬ 
 ment to imputations reflecting on its honour, and hath 
 rendered himself unworthy of any place of trust under 
 His Majesty’s Government*. 
 
 “ Seventeenthly ,—That the said Jonathan Sewell, &c.,&c., 
 hath laboured and still doth labour to promote disunion and 
 animosity between the Legislative Council and Assembly of 
 this province, and hath exerted his influence as Speaker as 
 aforesaid, to prevent the passing, in the said Council, of 
 salutary laws, which had been passed in the said Assembly; 
 and hath, during the present war with the United States of 
 America, fomented dissension among His Majesty’s subjects 
 in this province, and endeavoured, by various acts and 
 practices, to prevent a reliance on the loyalty and bravery 
 of His Majesty’s Canadian subjects, and produce a want of 
 confidence in the administration of His Majesty’s Govern¬ 
 ment, and thereby weaken its exertions. 
 
 “ For all which crimes and misdemeanours, &c., &c., above 
 mentioned, the said Commons do impeach the said Jonathan 
 Sewell, hereby reserving to themselves the liberty of ex¬ 
 hibiting, at any time hereafter, any other accusation or 
 impeachment against the said Jonathan Sewell, and adopting 
 such conclusions and prayer upon the premises, as law and 
 justice may require.” 
 
 * I have heard some American gentlemen say, that this business of Henry, 
 and our,useless expedition to New Orleans, contributed more than any thing 
 else to raise the spirit of the nation, and to destroy the unpopularity of the 
 late war in the United States. 
 
54 
 
 Silt JOHN SHERBROOKE. 
 
 Heads of impeachment of James Monk, Esq. &c., &c. 
 
 “ First ,—That the said James Monk, Chief Justice of 
 His Majesty’s Court of King’s Bench for the district of 
 Montreal, in the province of Lower Canada, hath traitorously 
 and wickedly endeavoured to subvert the constitution and 
 established government of the said province, and instead 
 thereof to introduce an arbitrary tyrannical government, 
 against law, which he hath declared by traitorous and wicked 
 opinions, counsels, conduct, judgments, practices, and actions. 
 
 “ Secondly ,—That, in pursuance of those traitorous and 
 wicked purposes, the said James Monk hath disregarded the 
 authority of the Legislature of this province, and in the 
 courts of justice wherein he hath presided and sat, hath 
 usurped powers and authority which belong to the Legislature 
 alone, and made regulations subversive of the constitution 
 and laws of this province. 
 
 “ Thirdly ,—That the said James Monk, &c., &c., did, 
 on the nineteenth day of January, in the year of our Lord 
 1809, make, consent to, concur in, approve, and publish, 
 and caused to be made and published, by the Court of 
 Appeals, various regulations, under the name of 6 Rules 
 and Orders of Practice,’ in the Provincial Court of Appeals, 
 repugnant and contrary to the laws of this province, &c., &c.; 
 and, by the said regulations, imposed illegal burthens and 
 restraints upon His Majesty’s subjects in the exercise of 
 their legal rights, and attributed to the said Court un¬ 
 constitutional and illegal powers and authority, altogether 
 inconsistent with the duties of the said Court, and subversive 
 of the liberty and just and legal rights of His Majesty’s 
 subjects in this province. 
 
 “ Fourthly ,—That the said James Monk, &c., &c., did, 
 in the term of February 1811, make and publish, and cause 
 to be made and published, by the said last-mentioned Court, 
 various regulations, under the name of ‘ Rules and Orders 
 of Practice,’ repugnant and contrary to the law r s of this, 
 province, by which regulations the said James Monk, in so 
 
Silt JOHN SHEltBltOOKE. 
 
 55 
 
 far as in him lay, endeavoured and laboured to change, 
 alter, and modify, the laws of this province, &c., &c. 
 
 “ Fifthly ,—That the said James Monk, &c., &c., bound, 
 by the oaths of his offices, to maintain, support, and ad¬ 
 minister the laws of this province, hath, nevertheless, in 
 contempt of the said laws, and in violation of his said duties 
 and oaths, set aside the said laws, and substituted his will 
 and pleasure instead thereof, &c., &c. 
 
 “ Sixthly ,—That the said James Monk, &c., &c., hath, 
 in the exercise of his judicial powers, openly and publicly 
 ascribed to the said Court of King’s Bench the power of 
 altering, changing, and modifying the laws of this province, 
 and hath alleged and declared that such power had been 
 recognized by all the judges of the law in the Provincial 
 Court of Appeals, and on such, his false, traitorous, and 
 wicked opinions and declarations, hath founded judgments 
 of the said Court. 
 
 “ Seventhly ,—That the said James Monk, &c., &c., hath, 
 contrary to his duty and in contempt of the laws of the 
 province, denied writs of Habeas Corpus to persons legally 
 entitled to them, &c., &c. 
 
 “ Eighthly ,—That the said James Monk, &c., &c., hath, 
 in certain cases, promoted, counselled, and advised criminal 
 prosecutions, and hath afterwards exercised his judicial 
 powers, as Chief Justice, and hath sat in judgment upon 
 such prosecutions. 
 
 “ All which crimes and misdemeanours, above mentioned, 
 were done and committed by the said James Monk, Chief 
 Justice of the Court of King’s Bench for the district of 
 Montreal, &c., &c. 
 
 “ For all which the said Commons do impeach the said 
 James Monk, &c., &c.” 
 
 And now, for the purpose of showing that the political 
 substance of these was not considered by the Privy Council, 
 viz. what related to his private advice to Sir James Craig, 
 I insert the Order in Council on the subject, of the 29th of 
 June, 1815:— 
 
56 
 
 
 sm JOHN SHEHBllOOKE. 
 
 “ At the Court of Carlton House , the 29 th qfJune, 1815, 
 
 “ PRESENT, 
 
 “ His Royal Highness the Prince Regent in Council. 
 
 “ Whereas there was this day read at the board a 
 report from a Committee of the Lords of His Majesty's 
 Most Honourable Privy Council, dated the 24th of this 
 instant, in the words following, viz .:— 
 
 “ Your Royal Highness having been pleased, by your 
 Order in Council of the 10th of December instant, in the 
 name and on behalf of His Majesty, to refer unto this Com¬ 
 mittee a letter from Earl Bathurst, one of His Majesty's 
 Principal Secretaries of State, to the Lord President of the 
 Council, transmitting a copy of a letter from Sir George 
 Prevost, dated Quebec, the 18th of March, 1814, forwarding 
 an address of the House of Assembly of Lower Canada to 
 your Royal Highness, with certain articles of complaint 
 therein referred to, against Jonathan Sewell, Esq., His 
 Majesty's Chief Justice of the province of Lower Canada, 
 and James Monk, Esq., Chief Justice of the Court of 
 King’s Bench for the district of Montreal; and also trans¬ 
 mitting a memorial from the Executive Council, Judges in 
 the Court of Appeals, and of the Puisne Judges of the 
 Court of King's Bench for the district of Quebec, and of 
 the Court of King's Bench for the district of Montreal, in 
 the said province of Lower Canada, praying to be included 
 in the examination and decision of the said articles of com¬ 
 plaint, together with a petition from the said Jonathan 
 Sewell, Esq.; in which letter the said Earl Bathurst requests 
 that so much of the said complaints of the House of 
 Assembly as relate to the rules of practice stated to have 
 been introduced by the said chief justices into their re¬ 
 spective courts, may be submitted to your Royal Highness in 
 Council, in order that, if such rules shall be found to have 
 been introduced, it may be decided whether, in so doing, 
 the said chief justices have exceeded their authority. 
 
 “ The Lords of the Committee, in obedience to your 
 Royal Highness’s said order of reference, have taken the 
 
57 
 
 SIR JOHN SHERBROOKE. 57 
 
 said letter and its inclosures into consideration, and having 
 received the opinion of His Majesty’s Attorney and Solicitor 
 General, and been attended by them thereon, and having 
 maturely deliberated upon the complaints of the said House 
 of Assembly, so far as they relate to the said rides of' 
 practice , their lordships do agree humbly to report, as 
 their opinion to your Royal Highness, that the rules 
 which are made the subject of such complaints of the said 
 House of Assembly of Lower Canada, against the said 
 chief justices, Jonathan Sewell, Esq., and James Monk, 
 Esq., which their lordships observe were not made by the 
 said chief justices respectively, upon their own sole autho¬ 
 rity, but by them, in conjunction with other judges of the 
 respective courts, are all rules for the regulation of the 
 practice of their respective courts, and within the scope of 
 that power and jurisdiction with which, by the rules of law 
 and by the colonial ordinances and acts of legislation, these 
 courts are invested; and, consequently, that neither the 
 said chief justices, nor the courts in which they preside, 
 have, in making such rules, exceeded their authority, nor 
 have been guilty of any assumption of legislative pow r er.” 
 
 “ His Royal Highness the Prince Regent, having taken 
 the said report into consideration, was pleased, in the name 
 and on behalf of His Majesty, and by and with the advice of 
 His Majesty’s Privy Council, to approve thereof, and to 
 order, as it is hereby ordered, that the said complaints, so 
 far as they relate to the said rules of practice , be, and they 
 are hereby, dismissed this board.” 
 
 < 1111 
 
 ( Signed ) 
 ( Signed) 
 
 “ Jas. Buller. 
 “ G. D.” 
 
 v I if* 
 
 '•;i 
 
 I 
 
 * t! 
 
 Whether these complaints were just or unjust, the House 
 of Assembly, in our opinion, had a right to be heard ; and 
 they, very properly, felt indignant at the manner in which 
 their complaints had been disposed of, and on the 14th 
 of February, 1816, after a call of the House, referred this 
 important subject to the consideration of a special committee, 
 
 
 
vj 
 
 58 Silt JOHN SHERBROOKE. 
 
 with directions to report their opinion on the most expedient 
 manner of proceeding on the same. 
 
 Resolutions of the Committee , reported to the House 
 on the 23rd of February, 1816. 
 
 “ Resolved, as the opinion of this Committee, that the 
 resistance and opposition of the Legislative Council, of which 
 the said Jonathan Sewell and James Monk were and are 
 members, to the rights of the Commons of Lower Canada, 
 to exhibit the said charges, and the obstructions subse¬ 
 quently interposed to the prosecution of them, prevented 
 this House from being represented by an agent to maintain 
 and support the charges. 
 
 “ Resolved, as the opinion of this Committee, that this 
 House has always been, and is desirous of an opportunity 
 of being heard on the said charges, and of supporting them 
 by evidence, and hath reason to lament that no such oppor¬ 
 tunity hath hitherto been offered to them. 
 
 “ Resolved, as the opinion of this Committee, that a 
 humble representation and petition, on the behalf of the 
 Commons of this province, to His Royal Highness the 
 Prince Regent, be prepared, appealing to the justice of 
 His Majesty’s Government, and praying that an opportunity 
 may be afforded to His Majesty’s dutiful Commons of this 
 province to be heard upon and maintain the said charges.” 
 
 This determination of the House, apparently, caused 
 the dissolution of Parliament, for Sir Gordon Dummond, in 
 his speech, expressed his regret that they should have al¬ 
 lowed any consideration to overbear the respect due to the 
 decision of His Royal Highness the Prince Regent; and an¬ 
 nounced his determination to prorogue the present Parlia¬ 
 ment, and recur to the sense of the people, by an immediate 
 dissolution*. 
 
 If these accusations were true and important in 1815, it 
 may easily be supposed that they were equally true and 
 
 * Christie’s Memoirs. 
 
Silt JOHN SHERBROOKE. 
 
 59 
 
 equally important in the year 1817. In the eyes of the 
 Assembly, however, such appears not to have been the fact. 
 On a sudden, in a manner totally inexplicable, they aban¬ 
 doned the subject, and gave rise to suspicions in the minds 
 of the people, which their conduct indeed seemed but too 
 much to justify. This* conduct has compromised the dignity 
 of the Members, both in the eyes of the people and the 
 Government, and being one of the most extraordinary, as 
 well as important events in the history of the House, de¬ 
 serves to be minutely recorded. It has been attributed, 
 though I hope incorrectly, to interested views on the part of 
 the Speaker of the Lower House, who, in sustaining the 
 accusations of the Commons against the Speaker of the 
 Legislative Council, risked the loss of a salary of .f.lOOO 
 per annum, which the House had voted to him, and which the 
 Governor agreed to sanction, provided the same sum was 
 voted to the Speaker of the Legislative Council. This the 
 House could not refuse, unless the Speaker of the Lower 
 House had been determined to sacrifice his private interest, 
 and had requested the House to be firm in their determina¬ 
 tion on a subject in which their own honour and the welfare 
 of the country were concerned. Unfortunately the Speaker, 
 Mr. Papineau, took an entirely different view of the subject, 
 giving the House to understand that, after the decision of 
 the Privy Council in England, and the approbation of this 
 decision by the Prince Regent, it was dangerous to push 
 matters further; that any further proceedings would cause 
 a dissolution ; and that, in the critical situation in which the 
 House stood, with respect to the Legislative Council, it 
 would be wise to remit the question to another session. This 
 eventually proved to be no other than a subterfuge, by 
 which the House escaped entirely all further discussion of 
 the matter. It is just to remark, however, that, with this 
 exception, the whole conduct of the Speaker, in his long 
 political life, has been above reproach, and such as to merit 
 the approbation and entire confidence of his countrymen 
 —this approbation and confidence he has not only merited, 
 
f 
 
 60 Slit JOHN SHERBROOKE. 
 
 but obtained, and he still fills the important office of Speaker 
 of the House of Assembly. That he yielded on this 
 occasion, we, not being acquainted with his political views, 
 must lament as one of the weaknesses of human nature. He 
 was not alone, however, if reports are correct, in succumbing 
 to temptation. The abandonment of the question was also 
 partly attributed to promises made to some of the principal 
 Members, on the part of the Governor, of certain important 
 and lucrative places, such as judgeships, colonelships, and 
 what not. These promises, as it happened, he could not 
 fulfil, inasmuch as he soon after fell ill, and was obliged to 
 leave the province abruptly. The independent and honour¬ 
 able conduct of one member, of British origin , namely, of 
 Mr. James Stuart, a man of genius and superior talents, 
 deserves to be mentioned. He supported till the last mo¬ 
 ment the right of the House to carry its complaints to the 
 foot of the throne, and declared that they ought to pass a 
 resolution, that they were determined to be heard before 
 they would submit. This remarkable steadiness and deter¬ 
 mination on his part have been attributed to his hatred of 
 the Chief Justice ; we hope, however (as we cannot judge 
 of his private feelings), that far more honourable motives 
 were acting upon him ; and it is to be regretted, for the 
 honour of those who had promised to support him, that 
 they should, in so critical a moment, have suddenly aban¬ 
 doned his cause, and thus exposed themselves to severe 
 and disagreeable reflections, and induced their former friend 
 and colleague to take a resolution never again to act in 
 conjunction with them; to which resolution he has steadfastly 
 adhered. To me, it has always appeared highly improper to 
 confound and mix together the private quarrel of Mr. Stuart 
 and the Chief Justice with the public conduct of the former 
 in the political affair of which we are now speaking; and 
 I must frankly avow, that the manner in which the opposite 
 party gained their majority, after the energetic speech which 
 Mr. Stuart pronounced on the occasion, and the irresistible 
 arguments he adduced, has been to me, from that time to 
 
SIR JOHN SHERBROOKE. Gl 
 
 the present, an inexplicable mystery. I myself was present 
 at the debate, and I speak according to my own feelings at 
 the moment, and I believe of all those who have taken the 
 trouble to reflect carefully on the matter, when I say, that 
 the decision of the House was as extraordinary as ill- 
 advised, and that this same decision has contributed, ever 
 since that epoch, materially to diminish the influence of 
 the popular branch of the constitution with the Imperial 
 Government. 
 
 Although the accusations against the Chief Justice were 
 abandoned, another judge of the King’s Bench was, some 
 time after, impeached for “ divers crimes and misdemeanours 
 committed in his official capacity.” This impeachment was, 
 at the desire of the Assembly, transmitted to the Prince 
 Regent by the Governor, and the judge was suspended 
 from the exercise of his judicial functions. Let it be 
 remarked that the same judge was permitted to resume his 
 duties during the administration of the Duke of Richmond, 
 no trial having taken place—no method having been adopted 
 to prove the accusations of the Assembly ill founded. Re¬ 
 turning to the order of time, which we have hitherto pur¬ 
 sued, it may here be proper to state some further circum¬ 
 stances connected with this important question. 
 
 The disputes, respecting the power of the House of 
 Assembly to lay their complaints against various officers 
 before His Majesty without the concurrence of the Legisla¬ 
 tive Council, having been communicated to His Royal 
 Highness the Prince Regent, his Royal Highness decided 
 that every case of impeachment by the Commons should 
 be left to the discretion of the Legislative Council, and 
 should be judged by them. It is to be regretted that the 
 instructions received by His Excellency Sir John Sherbrooke, 
 upon this subject, have never been sufficient to induce the 
 Legislative Council to act upon them; they, the Council, 
 declaring that no sufficient explanation was given respecting 
 the mode to be pursued, inasmuch as it was not determined 
 whether the Council was to take the impeachments into 
 
 
()2 
 
 SIR .JOHN SHERBROOKE. 
 
 consideration, in virtue of a special commission named for 
 the purpose; or whether it was to exercise this privilege as 
 belonging to the Upper House , in accordance with its analogy 
 to the House of Lords. The idea of so great a privilege as 
 the latter course implied quickly produced a change of 
 opinion in the Legislative Council upon the nature of im¬ 
 peachments, and the rights of the Commons , and, in spite of 
 the opposition hitherto maintained, they now determined to 
 support the opinion they had formerly decried. A misun¬ 
 derstanding now arose between the Governor and the Coun¬ 
 cil, the latter declaring that the conduct of His Excellency, 
 in not immediately coinciding with their views, was a direct 
 attack upon the privileges of the Legislative Council. The 
 other party, however, in the measure as decided by the 
 Council, seeing only the establishment of an aristocracy, 
 supported the Governor, and asserted that an Act of the 
 Imperial Legislature was required to confer such a privilege 
 upon the Legislative Council. The Governor, in the mean 
 time, wrote to England for instructions as to the mode he 
 was to pursue. Unfortunately, however, illness obliged him 
 to leave the country before any answer could be returned, 
 and the matter remained in the same unsettled state as 
 before. 
 
 During the administration of the Duke of Richmond, the 
 Legislative Council passed a resolution to the effect, that 
 the House of Assembly possessed not the right to impeach 
 without the concurrence of them, the Legislative Council. 
 The Assembly immediately came to the following reso¬ 
 lution :— 
 
 “ That the claims of the Legislative Council, touching 
 the complaints brought by the Assembly, were not founded 
 on the constitutional law, or any analogy thereto; that 
 they tended to prevent offenders out of the reach of the 
 ordinary tribunals of the country from being brought to 
 justice; and to maintain, perpetuate, and encourage, an 
 arbitrary, illegal, tyrannical, and oppressive power over the 
 people. 1 ’ 
 
SIR JOHN SHERBROOKE. 
 
 63 
 
 If the reader will recall to his recollection the statements 
 we have made respecting the formation of the Executive and 
 Legislative Councils, he will perceive the cause of the deter¬ 
 mination, on the one hand, of the Legislative Council to 
 deem all accusations illegal in which they were permitted to 
 bear no part; and of the determinations of the Commons, on 
 the other, to insist upon the right of being the accusers of 
 great offenders without need of any concurrence whatsoever. 
 The great offenders must, almost of necessity, be either 
 members of the Executive and Legislative Councils, or inti¬ 
 mately allied to them. They have, among themselves, a 
 brotherly love*; an affection begotten by a similarity of 
 interests. One councillor, therefore, naturally stands by 
 and supports another; need we hope that they will expose 
 a brother’s failings, more especially when the secret whisper 
 of conscience tells them that their brother’s failings are com¬ 
 mon to themselves? The Commons wisely determined to 
 insist upon calling these offending councillors to justice, 
 without the assistance of their fellow offenders. Seeing the 
 justice of this determination, it is the more to be lamented 
 that the House ever wavered in its course—ever permitted a 
 suspicion of interested views to lower them in the estimation 
 of their countrymen. Succeeding parliaments have partly 
 effaced this stain; they have strenuously re-insisted on their 
 right; and have consequently called forth the never-failing 
 opposition of the Legislative Council. The misunder¬ 
 standing between the two branches of the Legislature has 
 gone on increasing, in exact proportion with the increasing 
 determination of the House of Assembly to investigate the 
 conduct of the public officers, the Council thus showing that 
 private pecuniary interest is the cause of their anger; that 
 their patriotism is but a screen, under which they shelter 
 their selfish schemes of individual aggrandizement. 
 
 Under the administration of Sir John Sherbrooke, another 
 
 ♦ “ La force de l’amitie, dit Helvetius, est toujours proportion^ au besoin 
 que les homines ont les uns des autres .”—De VEsprit, Dis. III., chap, xiv., 
 p. 327. 
 
 
64 
 
 SIR JOHN SHERBROOKE. 
 
 equally important question, as regarded the government of 
 of the country, was finally adjusted. The House of Assembly 
 had offered, for many years, to defray the expenses of their 
 own government, but their offers had, hitherto, been dis¬ 
 dainfully rejected ; and, in truth, during the administration 
 of Sir James Craig, in the year 1810, the offers of the House 
 had been deemed almost high treason, and were followed by 
 an immediate dissolution of Parliament. The reason of this 
 apparently extraordinary feeling on the part of the Govern¬ 
 ment, is, upon reflection, sufficiently obvious: so long as the 
 Executive was responsible to the authorities in England for 
 the public expenditure, their responsibility was a shadow ; 
 but the moment that a body of men were on the spot, ap¬ 
 pointed to superintend the public expenses, and naturally 
 jealous respecting the method in which their money and that 
 of the people was used, the responsibility of those entrusted 
 with its immediate management became real, and exceed¬ 
 ingly distressing to men who had long indulged in un¬ 
 licensed extravagance: strenuous, consequently, were the 
 endeavours of the Executive Council to reject the dangerous 
 advances of the Assembly ; at length, however, they were 
 obliged to yield, and submit themselves to the pain of inspec¬ 
 tion. The Governor, Sir John Sherbrooke, accepted the 
 offers of the House, and the civil expenditure was thus 
 brought under the control of the country. The joy of the 
 people can easily be conceived, when they learned, that the 
 Governor had yielded to the wishes of their representatives, 
 and that now an efficient check was at last established over 
 the ulers of the country. The people were aware, that what¬ 
 ever difficulties this defraying of their own expenses might en¬ 
 tail upon them—whatever immediate troubles it might create; 
 yet that, in the course of time, it must necessarily enforce 
 complete obedience from the most refractory of their servants. 
 The price was not deemed by them too high for so valuable 
 a privilege. The reader is left to judge, respecting the 
 intentions of those who had so long and so strenuously 
 opposed themselves to its salutary exercise. 
 
SIR JOHN SHERBROOKE. 
 
 65 
 
 Sir John Sherbrooke had hitherto, by the affability of his 
 manners, and his upright conduct, preserved his popularity 
 among the people ; and, from the authority which his situa¬ 
 tion conferred, was enabled to maintain some influence over 
 the Executive Council. The time, however, was fast ap¬ 
 proaching when this neutrality of the Governor could no 
 longer exist: one party or the other would, of necessity, deem 
 him their friend or their foe, as, day by day, new questions 
 were arising, in which it was requisite for him to take a 
 decided part. In this critical moment the Governor fell 
 alarmingly ill, and was obliged, eventually, to leave the pro¬ 
 vince ; he thus, till the end of his administration, was in 
 favour with both parties; no governor, before or since his 
 time, has been equally fortunate*. 
 
 “ That he assumed the government of Lower Canada 
 (says an author I have already quoted), when the nicest 
 management was required to heal the divisions which recent 
 
 * For the purpose of conveying a conception of the opinion which Sir John 
 Sherbrooke had formed of those by whom he was daily surrounded, and whose 
 duty it was, by their advice, to direct his conduct, I will relate an anecdote, which 
 will serve instead of volumes. This opinion was communicated to me, in a con¬ 
 versation which I had the honour to hold with him at the Chateau St. Louis, at one 
 of the balls given there by the Governor. After the ordinary salutations, we 
 entered into conversation; these salutations w r ere by no means expected, inasmuch 
 as he only knew me indirectly; and as I was neither lieutenant-colonel, nor com¬ 
 missary-general, nor chief justice, nor attorney-general, nor even member of 
 the Provincial Parliament, but one of that plain and honest class of citizens who 
 are to be seen at public parties only, congregated in an obscure corner of the 
 ball-room, or who may be found at one end of the supper table, endeavouring 
 to drown their mortifications in wine, sometimes good, but oftentimes indif¬ 
 ferent. In spite of my insignificance, however, the Governor addressed me, 
 and asked me various questions, upon various subjects; but more particularly 
 respecting the Canadien, a newspaper, of which I was incorrectly believed to 
 be one of the proprietors. I gave such information as I thought, at that time, 
 correct to these different questionings, when, all at once, the Governor said, 
 a propos of what I cannot recollect at this moment:—“ Why, sir, if I believed 
 all that is said to me, I should not believe that there is an honest man in 
 Quebec." This observation struck me so forcibly, that I am glad to be able 
 to adduce it as a fact, to show to what lengths things had been pushed under 
 his administration, and to mark how difficult it must be for an honest man to 
 maintain a good understanding with parties in such a state of hostility. 
 
 F 
 
66 
 
 THE DUKE OF RICHMOND. 
 
 events were on the point of producing, will be as readily 
 admitted, as that the prudence of his measures conciliated 
 those differences which might have involved his adminis¬ 
 tration, from the beginning, in the most unpleasant alter¬ 
 cations. Prompted by the best of principles, and superior 
 to the local prejudices which too frequently predominate in 
 colonial politics, he gave a free scope to the legislature of the 
 province, and imparted to it a new and more liberal cha¬ 
 racter than it had hitherto possessed. Those pretensions, 
 which a few years before had embroiled the Executive with 
 the Assembly, were now gratuitously yielded to the latter; 
 and the constitution of the colony made more progress in the 
 acquisition of solid advantages during this administration 
 than it had previously gained since its establishment. That 
 trifling errors may have been occasionally committed, it is but 
 natural to suppose ; but there are none which, upon a proper 
 remonstrance, he would not readily have repaired, and which 
 are not compensated by a multitude of virtuous actions* ” 
 
 He quitted the province, according to some, really ill; 
 others, however, have asserted his malady to have been 
 feigned : upon this subject we can give no opinion. He was 
 regretted by all parties; and before his embarkation for 
 England, which took place on the 12th of August, 1818, he 
 received the most flattering addresses from the citizens of 
 Quebec, Montreal, and Three Rivers, and from all the 
 members of the Executive and Legislative Councils. 
 
 The Duke of Richmond succeeded ; and it is not remark¬ 
 able, considering the circumstances under which he arrived, 
 that he was far from being so popular as his predecessor, 
 who would, as we have already stated, have had great dif¬ 
 ficulty in maintaining, for another session, the favour of both 
 parties. Nothing, however, very particular happened in the 
 session of 1819, except the discussion respecting the appro¬ 
 priation of the public money to the expenses of the civil 
 government. The Executive required that the money for 
 
 Christie’s Memoirs , p. 181. 
 
THE DUKE OF RICHMOND. 
 
 67 
 
 this purpose should be voted en bloc, that is, in one sum ; 
 and that the division of that sum, among the various officers 
 of the government, should be left entirely at its own ( i . e. the 
 Executive’s) disposal. The House objected to this method, 
 and claimed the right of voting the sums required by items , 
 that is, giving, according to the discretion of the House, the 
 remuneration which each individual officer was to receive. 
 Although this may not be done in England to the same ex¬ 
 tent to which they were desirous of proceeding, still (they said) 
 the difference existing between their situation with respect to 
 the Government, and that of the House of Commons with 
 respect to the Ministers, rendered such a deviation from the 
 English practice absolutely necessary. The ministers in Eng¬ 
 land were responsible to the House of Commons; the persons 
 entrusted with the management of the Canadian Government 
 were, in reality, responsible to no one, and not even in name 
 responsible to the House of Assembly ; the only means, there¬ 
 fore, in the power of the House, of controlling these irrespon¬ 
 sible officers, was, to preserve an immediate control over their 
 salaries. They, consequently, decided upon voting the public 
 money by items. This conduct was judged unconstitutional by 
 the Legislative Council, and a most liberal Bill, passed in the 
 Lower House, was thrown out in theUpper; the pretext being, 
 that theAssembly was endeavouring, by this proceeding, to in¬ 
 fringe upon the prerogatives of the crown. No great acumen 
 is required fully to appreciate their lively interest in the Royal 
 prerogatives. 
 
 The Governor was now obliged to pay the civil officers of 
 Government, without assistance from the Assembly ; and 
 thus began the troubles, respecting the public expenditure, 
 which have existed unto the present moment. The House 
 of Assembly has stoutly adhered to its first determination ; 
 the Legislative Council, goaded on by private interest, has 
 hitherto as stoutly resisted the attempts of the Assembly 
 to attain an efficient control over the appropriation of the 
 public money. The speech of the Governor, at the proroga¬ 
 tion of the Parliament, was not of a description to reconcile 
 
68 
 
 THE DUKE OF RICHMOND. 
 
 the contending parties: the high idea that had been formed 
 respecting the Duke of Richmond ; the experience that he 
 was supposed to have acquired in his government of Ireland, 
 would certainly have led one to expect a very different 
 production at his hands. The evil effects of the measure 
 were quickly seen: the favourable disposition of the House 
 towards the Governor was at once destroyed, and jealousy 
 and suspicion took possession of the minds of the popular 
 party. I insert the speech, for the purpose of allowing the 
 reader to judge for himself. 
 
 “ I came to this province to take the government of His 
 Majesty’s dominions in North America, with a sincere desire 
 of carrying into practice the intentions and liberal views of 
 His Royal Highness the Prince Regent; to promote, by 
 every practical measure, their general prosperity ; to improve 
 their natural resources, and the individual happiness of His 
 Majesty’s people. 
 
 “ A reasonable hope and expectation was entertained by 
 me, in accepting this command, that I should meet, in those 
 pursuits, with the cheerful support of every well-informed 
 person, who could appreciate in his own mind my motives 
 in undertaking the charge. 
 
 “ With these impressions on my mind, and with full con¬ 
 fidence in your zeal, your loyalty, and your local knowledge 
 of the public and private interests of the country, I met 
 you in your legislative duties, and have most patiently 
 attended to your proceedings during a long session, which 
 I am now to close by prorogation. You , Gentlemen of the 
 Legislative Council , have not disappointed my hopes; and I 
 beg to return you my thanks for the zeal and alacrity you 
 have shown in all that more immediately belongs to your body- 
 
 “ It is with much concern I feel myself compelled to say, 
 that I cannot express to you^ Gentlemen of the Assembly , 
 the same satisfaction, nor my approbation at the general 
 result of your labours, at the expense of so much valuable 
 time , and of the public principles upon which they rest, as 
 recorded in your journals. 
 
THE DUKE OF RICHMOND. 
 
 69 
 
 “ You proceeded, upon the documents which I laid before 
 you, to vote a part of the sum required for the expenses of the 
 year 1819; but the Bill of Appropriation which you passed 
 was founded on such principles, that it appears from the jour¬ 
 nals of the Upper House to have been most constitutionally 
 rejected. His Majesty's Government has been thus left 
 without the necessary supplies for supporting the civil admini¬ 
 stration of the province for the ensuing year, notwithstanding 
 the voluntary pledge given to His Majesty by the resolve of 
 the House of the 13th of February, 1810.” 
 
 In another part of the same address he says:— 
 
 “ I recommend particularly to your attention, as indi¬ 
 viduals, the value of your constitution of government, which 
 affordsHhe most complete and ample protection and freedom 
 of person and property that can possibly be desired, and is 
 superior to every system of government enjoyed by any 
 colony that lias heretofore existed, your sister colony of 
 Upper Canada excepted ; and, as branches of the Legis¬ 
 lature, it is of the first importance that you should fully 
 understand your constitutional rights*.” 
 
 Considered in its true point of view, the House of Assembly 
 had every right to be discontented with this address, inasmuch 
 as the House had taken what they deemed constitutional 
 means for providing liberally for the public expenditure. 
 It must be recollected that the two branches of the Legis¬ 
 lature, known by the names of Legislative Council and 
 
 * This precisely was what the more instructed members of the Provincial 
 Parliament had for many years been attempting; and it is to this strong desire 
 to understand their constitutional rights that we owe their honest and deter¬ 
 mined opposition to the pretensions of the Legislative Council. They deem, 
 from the evidence which their studies have afforded them, that those pretensions 
 are unconstitutional; and that, certainly, they are prejudicial. The courage 
 and perseverance which this small number of well-intentioned and instructed 
 men have manifested, in their struggle against every thing powerful in the 
 shape of opinion in the province, deserves rather the unmingled admiration 
 of the Imperial Government, than scorn or displeasure; and the persons who 
 represent the English Government ought to judge for themselves, and not be 
 hoodwinked by the interested partisans of a petty local despotism. 
 
70 THE DUKE OF RICHMOND. 
 
 House of Assembly are theoretically equals; the opinion of 
 one body is equal in worth to the opinion of the other, in 
 matters in which they have equal concern ; but, in others, 
 there is a very different weight given to their authority. 
 The matter peculiar to the Lower House is invariably 
 allowed to be, the granting of money; and assuredly, if the 
 opinion of the Lower House be of weight in any matter, 
 it is in this. But in this it had declared its opinion, which 
 opinion the Legislative Council deemed unconstitutional. 
 If we consider the point equally concerning both branches, 
 the declaration of the Lower House was equal in worth to 
 the declaration of the Upper; if we consider the point 
 peculiarly within the province of the Lower House, the 
 declaration of that House ought to have had greater weight 
 with the Executive than that of the Council. Why then, 
 let me ask, did the Duke of Richmond believe, merely upon 
 the dictum of the Council, that the conduct of the Lower 
 House had been unconstitutional ? If we look to the point 
 in a practical light, let us ask who were most qualified, in 
 point of intelligence, to give an opinion. Here I boldly appeal 
 to any candid man respecting the matter. The leaders of 
 the Commons are well known to be the most intelligent men 
 in the country; and, when compared with the members of 
 the Legislative Council, although men of great information 
 are there to be found, no one, for an instant, can doubt of 
 the superiority of the popular leaders. If, again, we look to 
 the interests of both parties, who will hesitate a moment in 
 determining on which a sinister influence was acting? In 
 what view should we look upon a servant in private life, 
 who aimed at placing his wages at his own disposal, and 
 freeing himself entirely from the control of his master? 
 The servant who did this, we should call a knave; the 
 master who permitted it, a fool. 
 
 The Duke, as we have already stated, lost, by this im¬ 
 prudent act, the whole of his former popularity, in spite of 
 his hospitable conduct and high rank; which rank had pre¬ 
 viously induced the people to believe, that he would be 
 
LORD DALHOUSIE. 
 
 71 
 
 above, and would despise, all petty local intrigues. They 
 now believed him to be the defender of arbitrary power—one 
 who would, either through inclination or ignorance, favour 
 the evil designs of interested counsellors. The Duke, how¬ 
 ever, might eventually have changed his opinions and his 
 conduct, had he not, by an unexpected accident, been 
 suddenly hurried to the grave. He died in consequence of 
 an attack of hydrophobia, produced by the bite of a fox, 
 with which he had been playing on board one of the steam 
 boats. The province was grieved at his unhappy and 
 painful end, but lamented not the loss of his services. 
 
 From the death of the Duke of Richmond to the arrival 
 of Lord Dalhousie, in June 1820, little happened that was 
 interesting, or that had a tendency to heal existing 
 differences; on the contrary, the conduct of the Executive 
 served rather to augment the evil. Mr. Justice Monk, 
 being the oldest member of the Council, at the death of 
 the Duke of Richmond, assumed the chief place in the 
 Government, and immediately determined, without giving 
 any reason for his conduct, and probably not having any, 
 to dissolve the Parliament; Sir Peregrine Maitland did the 
 same upon the death of our venerable King, George III., 
 which happened opportunely enough for the purposes of 
 the Executive: the House having closed its doors to 
 every communication, declared itself incomplete, and con¬ 
 sequently incompetent, inasmuch as no Member had been 
 returned for the district of Gaspe; the following resolution 
 passed the House:— 
 
 “ That the representation of the province being incomplete, 
 no Member as yet having been returned for Gaspe, the 
 House was incompetent, and could not proceed to the 
 dispatch of business.” 
 
 And thus Lord Dalhousie, on his arrival in the country, 
 found the minds of the people in a state of high excitation, 
 and little prepared to agree with the plan that he proposed, 
 upon meeting the Parliament, of making a permanent appro¬ 
 priation of money for the expenses of the civil Government. 
 
 
72 
 
 LORD DALHOUSIE. 
 
 The Legislative Council, however, passed the following 
 resolution:— u That the Legislative Council will not pro¬ 
 ceed upon any Bill of Appropriation for the civil list which 
 shall contain specifications therein by chapters or items; 
 nor unless the same shall be granted during the life of 
 His Majesty the King.” 
 
 Upon the refusal of a permanent appropriation by the 
 House, the Governor had given them to understand that 
 he would accept the required sums annually, passed by 
 chapters*, in place of items, as had been proposed. The 
 resolution just mentioned, however, passed by the Council, 
 put an end to all hopes of this amicable mode of adjustment. 
 
 It was now perfectly evident that the end in view was to 
 obtain money without being subject to the control of the 
 Commons. The Governor, not having succeeded, during 
 the session of 1822, in obtaining a grant during the King’s 
 life, bethought himself of a new and ingenious expedient 
 to answer the same end. He said, that he had hitherto 
 advanced the sums of money required to carry on the 
 government, on his own responsibility, from the military 
 chest; but that he could continue to do so no longer; he 
 therefore requested the House to advance about ^.35,000 
 “ for local establishments and objects of public charge, 
 which form no part of His Majesty’s civil government, 
 and are not connected with the administration of justice.” 
 Ordinarily, requests for money, to be applied to local 
 purposes, had been accompanied by specific details and 
 descriptions, respecting the end in view ; but, accompanying 
 this extraordinary demand of the Governor, there was no 
 explanation whatsoever. The House therefore suspecting 
 (and with reason) that this sum of money was to be applied 
 to other than the alleged purposes, refused to accede to 
 the Governor’s request. All these tortuous methods of 
 proceeding tended not to create a good understanding 
 
 * By chapters, was meant classes of Expenditure, e. g. Administration of 
 Justice, Collection of the Revenue, &c., &c. 
 
LORD DALHOUSIE. 
 
 73 
 
 between the Governor and the House; and the suspicions of 
 the latter were materially increased by the open and un¬ 
 disguised conduct of the Executive Council, who soon gave 
 the people to understand, that they possessed the entire 
 confidence of His Excellency, and led him according to their 
 own desires: of this fact convincing evidence was soon 
 afforded. 
 
 In His Excellency’s first address to the House, in the 
 year 1820, he stated, “ that it should be his constant study 
 to administer the government according to the laws.” 
 
 He now declared to the Parliament, that he intended to 
 use every means he was able, and ail the powers His Majesty 
 had confided to him, to establish the well-being of His 
 Majesty’s subjects*; insinuating thereby, that he intended 
 to dispense, as much as possible, with all co-operation from 
 the House. He reproached the Assembly “ with having 
 withheld the necessary supplies;” accused them of evil 
 intentions ; and complimented the Legislative Council “ on 
 their maintaining the true principles of the constitution.” 
 
 The disputes which had arisen between Upper and Lower 
 Canada, respecting the divisions of the revenue proceeding 
 from the Customs, came, happily for the Governor, in sup¬ 
 port of the representations he transmitted to Ministers in 
 England respecting the affairs of the province. The con¬ 
 fusion existing was represented to be so great, and, by ordi¬ 
 nary methods, so completely irremediable, that nothing less 
 than a change in the constitution was deemed sufficient to 
 check the increasing evil; and, consequently, a Bill was at 
 this time (viz. the 20th of June, 1822) introduced into the 
 House of Commons in England, for the purpose of uniting, 
 under one Legislature, the provinces of Upper and Lower 
 
 * It is difficult to discover what was the precise meaning of these terms, as 
 used by His Excellency ; if, to express unbounded contempt for a people, to 
 endeavour to degrade and oppress them, be to provide for their well-being, 
 His Excellency was marvellously successful. 
 
74 
 
 u 
 
 LORD DALHOUSIE. 
 
 Canada*. Of this Bill no notice had been given to the 
 people of the province; their opinions were therefore, we 
 suppose, considered as of no importance in a matter, never¬ 
 theless, intimately connected with their own welfare. 
 
 In the month of July following, positive information on 
 the matter was received in Canada; and, by the fortunate 
 opposition of Sir James Mackintosh, Mr. Labouchere, and 
 Mr. Hume, time was given to the people to inform the 
 Imperial Parliament of their exceeding repugnance to the 
 measure. Sir James Mackintosh and Mr. Hume took oc¬ 
 casion to express their decided opposition to passing an Act 
 of so much importance to the colony, without information as 
 to the opinions of the people at large respecting it, and they 
 happily succeeded in persuading the Ministry to defer the 
 passing of the Bill till the next session of Parliament. The 
 whole colony almost, cn masse , petitioned against the mea¬ 
 sure, and the Bill was eventually abandoned. 
 
 No measure has yet been contemplated which has created 
 the same degree of interest among the Canadian people, 
 as was produced by that of the intended union of the two 
 provinces, under one Administration and one Parliament. 
 For the first time were seen in the province, public meetings 
 of the people in every part of the country, as practised 
 in England upon matters interesting the various portions 
 of the population. In Upper Canada the same meetings 
 took place; and the result was, that an immense majority in 
 both provinces, but more particularly in Lower Canada, 
 declared against the proposed union. It was by them repre¬ 
 sented to His Majesty, that the project was diametrically 
 opposed to the wishes of his subjects, the interests of the 
 country, and to the maintenance of the good understanding 
 which had hitherto existed between the inhabitants of the 
 two provinces, which last representation, doubtless, appeared 
 
 * This measure was supported here by Mr. Kllice, acting for the Unionists 
 in Canada, and Mr. Wilmot Horton, who introduced the Bill. 
 
.LORD DALHOUSIE. 
 
 75 
 
 extraordinary, seeing that the projected union was founded 
 upon the complaints which Upper Canada had made respect¬ 
 ing the division of the revenue. 
 
 It is probable, that the persons who were desirous of 
 carrying this project of the union into effect would have 
 succeeded, had not the Attorney-General of Upper Canada, 
 and the person whom that province had deputed to support 
 their complaints respecting the revenue, believed it their 
 duty to explain openly to the Ministers the real consequences 
 of this impolitic measure. These gentlemen well knew that 
 the complaints of Upper Canada, respecting the particular 
 object of a part of their revenue, was not the real reason for 
 the proposed union; they knew, and so did every man in 
 Canada, that the object of those who gave birth to the pro¬ 
 ject was, to destroy the political influence of the French 
 Canadians; to overturn their laws, their religion, and their 
 language ; and to make the people quickly forget, by a lapse 
 of years, that they ever had been French Canadians. If 
 any one will take the trouble to inspect, and reflect upon the 
 different clauses of the Bill of Union*, these observations will 
 be found perfectly correct; and it will also be seen that it 
 was impossible for a people, attached to their various usages, 
 laws, language, and religion, to contemplate with indifference 
 or patience so vital a change. When this project was first 
 communicated to me, I was, upon the whole, rather its ad¬ 
 vocate, and I remember having signed an address in accord¬ 
 ance with that opinion ; but the moment we heard the warm 
 partisans of a union far different from that originally pro¬ 
 posed, and which I had favoured, cry loudly and steadily, 
 that it was requisite to strike at the root; that English in¬ 
 terests (meaning, not the interests of England, but certain 
 persons in the colony who usually speak English) must be 
 made dominant; that there was but one way of destroying 
 the power of the French Canadians, which was, for the 
 English party to return an equal proportion of representa- 
 
 Scc Appendix, No. IX. 
 
u 
 
 76 LOUD DALHOUSIE. 
 
 tives to the Assembly; to augment the qualifications of a 
 member; to make the representatives come to a great dis¬ 
 tance from their homes, and thus neglect their private affairs; 
 so that the rich only could possibly afford to be representa¬ 
 tives: when I heard these assertions, and others equally just, 
 I repented of my former opinion, and opposed the union 
 with the same openness that I had formerly supported it: 
 and I did this, not on account of hatred or jealousy of 
 England, but from a sincere desire to forward the interests of 
 my country, which interests are not incompatible with those 
 of the mother country, but which, unfortunately, are too 
 often stated to be so; and thus that hatred of every thing 
 English, which, in words, is deprecated by the self-styled 
 English party, is, in fact, generated solely by their selfish 
 and ill-advised proceedings. 
 
 It is constantly objected to the Canadians, as a crime, that 
 they are attached to every thing which is French ; that they 
 . have preserved, under an English government, all their 
 ancient prejudices, their customs, and their language; that 
 in fact they are, at the present moment, as much a French 
 people as at the time of the conquest. This, say some idle 
 talkers, is unpardonable, after the protection and encou¬ 
 ragement which England has afforded you. We suppose it 
 will be universally allowed, that the object of England, in 
 affording this protection and encouragement, was to increase 
 the happiness of the Canadian people; we suppose, also, 
 that no one will deny, that a people is always unhappy when 
 forced to leave one set of manners and to follow another*; 
 that the only mode compatible with the happiness of the 
 people, is to instruct them in the benefits of one class of 
 manners and the evils of another; to show that virtue, and 
 general and individual welfare and ease, are forwarded by 
 one, and retarded and destroyed by the other. It will also 
 
 * “ C’est la folie des conquerans de vouloir dormer & tous les peuples leurs 
 lois et leurs coutumes: cela n’est bon a rien; car, dans toute sorte de gou- 
 verncment, on est capable d’obeir.” —Montesquieu, Grandeur ct Decadence 
 des Romainsy cap. vi., p. 83. 
 
LORD DALHOUSIE. 
 
 77 
 
 be allowed, we believe, that any body of teachers, or ad¬ 
 vocates of a certain class of manners and usages, if they 
 wish to obtain an influence over those to be taught, must, 
 in their own proper persons, place before their pupils an 
 example of the virtues which they pretend to teach. These 
 things being allowed, we ask why the Canadian people 
 should be blamed for adhering to old feelings and old 
 opinions, when no pains have been taken to teach them 
 better ? When the persons professing to be conversant with 
 a higher degree of cultivation, and a higher standard of 
 morality, are coarse and haughty in their behaviour, unscru¬ 
 pulous and grovelling in their plans of individual aggrandize¬ 
 ment? When, in place of mild persuaders of the truth, they 
 are but loud and infatuated partisans of early habits, who, 
 instead of weighing ail observance by its intrinsic worth, try it 
 only by its resemblance to their own observances; who them¬ 
 selves being incapable of self-governance, yet set themselves 
 up as the teachers of others ? Surely we are not to be 
 blamed for not following the blind—for not endeavouring 
 to imitate those whom we should blush to resemble. 
 
 One word as to the feelings of the Canadian people re¬ 
 specting Government. Under the French dominion, they 
 were political ciphers; the officers of the King ruled, the 
 people obeyed. When England took possession of the 
 country, a new set of feelings was introduced. In England, 
 it was said, the great body of the people are represented; 
 they pay the expenses of their own government, determining 
 what shall be disbursed, and how it shall be disbursed. By 
 the control over the public purse, the people have possessed 
 themselves of the real government of their country*—have 
 beaten down the old feudal tyranny, and erected a liberal 
 government in its stead. The Canadian people listened to 
 these discourses, and sighed after a similar power; that 
 power was given: a constitution like that of England 
 
 * This is the language of every English constitutional writer. See 
 Blackstone, Hume, Hallam, &c. 
 
78 
 
 LORD DALIIOUSIE. 
 
 was conferred on them, and in a few years (so thoroughly 
 had English feelings been engrafted upon their former 
 habits) the people claimed, and have at length obtained, a 
 complete control over the public purse. Here we see a wise 
 method of teaching—here we see its beneficial effects. English 
 feelings are not here scouted: we are all English on this 
 point. The truth, however, is, that we have been taught 
 by English books, and not by the representatives of England, 
 sent to us in the shape of rulers. If we were to judge of 
 the satisfaction likely to be felt by those who now style 
 themselves English, par excellence , in our future progress 
 towards English habits, by that which they feel by our 
 complete change in this one particular, we should be apt to 
 believe that no sincere desire exists of creating any alteration. 
 Our English proceedings on the subject of money have given 
 no pleasure to these gentlemen : and if we must state our 
 honest opinion, we will frankly own, that we believe they 
 had rather that our English tendencies had been effectually 
 checked; and that, with all their affected hatred to French 
 feelings, they sincerely desire that we should possess all the 
 yielding pliability which formerly characterized the subjects 
 of the grand monarque . 
 
 We return, however, to our history, from which the sub¬ 
 ject of the Union has induced us somewhat to depart. 
 
 His Excellency the Governor-in-Chief, being supported 
 by the Treasury in England, continued to defray the ex¬ 
 penses of the civil government, upon his own authority, 
 without the concurrence of the Assembly. 
 
 “ During the whole of the difficulties, since 1819, up to 
 the 1st of November, 1823, inclusive, the entire expenses of 
 the civil administration of the government were paid under 
 the authority of the Governor’s warrants, with the con¬ 
 currence of the Executive Council, with very little (if any) 
 regard to the votes of the Assembly; generally, according 
 to the estimates sent down (excepting, perhaps, that of 
 1819), and, in some instances, with the addition of new 
 salaries and increased expenses. Notwithstanding the Go- 
 
LORD DALHOUSIE. 
 
 79 
 
 vernor’s express declaration, in his message of the 6th of 
 February, 1822, and his speech from the throne at the close 
 of that session, new salaries and expenses are stated to have 
 been allowed and paid, while appropriations, expressly made 
 by an Act of the Provincial Parliament, remained unpaid. 
 Since the half-year due on the 1st of May last, the gentle¬ 
 men who hold commissions under the crown in this province, 
 but c form no part of His Majesty’s civil government, or of 
 the administration of justice therein,’ as well as other neces¬ 
 sary expenses of His Majesty’s civil government in the 
 colony, have remained unpaid; while the money appro¬ 
 priated by law generally, for the support of the civil govern¬ 
 ment and the administration of justice, has been divided 
 among such of the public officers as the Governor and 
 Council have thought fit, in payment of their entire salaries: 
 the Governor and Council, and their connexions, partaking 
 of a large proportion of the whole amount; the Lieutenant- 
 Governor exclusive, which was granted by Act of the Legis¬ 
 lature in 1823, during his residence in the province*.” 
 
 But affairs could not remain in this situation; and, in 
 1824, the Governor communicated officially to the House, 
 the fact (of which he had long been cognizant), that there 
 was no more money in the coffers of the lleceiver-General; 
 and that this officer was a defaulter, in the sum of £. 100,000 
 sterling - !*; and, for the first time since the establishment of 
 
 * Financial Difficulties , &c., p. 15. 
 
 f “ According to the Report of the Committe, to whom were referred the 
 public accounts for the year 1827, on the message of the present Governor, 
 Sir James Kempt, the 24th of December, 1828, the defalcation of the Receiver- 
 General was known to the Governor, Lord Dalhousie, in the year 1823, in 
 March or April, to be £.96,117. 135. 0 \d. sterling, equal to one year’s nett 
 revenue of the province. Nothing was paid by Mr. Caldwell, the Receiver- 
 General, save £.4000, while revenues of estates to the amount of £.10,000 
 were left in his possession ; the Lords of the Treasury not admiting that the 
 province had a right to require of the British Government compensation. This 
 was by message, dated Treasury Chambers, October 30, 1826. By that 
 refusal, the committee was of opinion, that this, and all public Acts, should 
 be left to the legislative authority of the colony; that the House should have 
 nothing more to do with the Treasury, but should make an appeal to the Im¬ 
 perial Parliament, for the said recovery .”—Quebec Gazette . 
 
80 
 
 LORD DALHOUSIE. 
 
 the constitution, the Receiver-General was compelled to lay 
 his accounts before the Assembly. 
 
 “ It is understood*, that Sir J. Sherbrooke, shortly after his 
 assuming the government of the province, represented to His 
 Majesty’s principal Secretary of State for the Colonies, that 
 the provincial accounts were in an unsatisfactory state. The 
 Governors of Canada have always' a been particularly charged, 
 by their commissions and instructions, to watch over the re¬ 
 ceipts and expenditure of the province, and transmit regular 
 accounts thereof. The practice had been, to have the ac¬ 
 counts examined, checked, and reported on, by the Executive 
 Council; they were then sent home, for the final audit at 
 the Treasury. So long as only the monies received under 
 Imperial Acts, and from the military chest, were to be ac¬ 
 counted for, the business was simple ; but when money came 
 in also from duties under Colonial Acts, and payments were 
 made under the authority of colonial laws, it became more 
 complicated. A scale of civil expenditure was formerly es¬ 
 tablished by the Treasury, but it was increased in the colony, 
 sometimes upon the authority of letters from the Colonial 
 Department; sometimes by colonial Acts ; sometimes with¬ 
 out colonial Acts: so that the auditors of the Treasury 
 could hardly know how to check the accounts transmitted by 
 the Governors, as reported on by the Executive Council.” 
 
 “ The Receiver-General kept only one account with the 
 Treasury, viz. of receipts and of expenditures, under the 
 Governor’s warrants; this he transmitted through the Go¬ 
 vernor and Council, with copies of the warrants; but it 
 must have been difficult to judge of the legality of the pay¬ 
 ments ; the 31st of George III., cap. 31, section 47, positively 
 enjoining that certain monies should be applied for the 
 public uses of the colony, in such manner only as directed 
 by the colonial Legislature. 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 revenue and expenditure. The last 
 
 Sketch of Business, &rc.,p. 26. 
 
LORD DALHOUSIE. 
 
 81 
 
 quietus given by the Treasury, to the late Receiver-General, 
 is to the 10th of October, 1814; when, it is to be supposed, 
 that the accounts of the receipts and expenditure were 
 finally audited. Lord Bathurst, in answer to Sir John C. 
 Sherbrooke’s representation, signified His Majesty’s com¬ 
 mands, that the expenditure should be voted by the Assembly, 
 and the accounts settled annually . But, as the objections 
 taken in the Legislative Council (first to the mode of appro¬ 
 priation, and afterwards, to the duration of the grant) were 
 followed by the rejection of the Bills sent up by the As¬ 
 sembly, excepting 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 facilitate the settle¬ 
 ment of accounts of advances made under executive au¬ 
 thority, 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 previous 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 failed 
 in the Council. The mode pointed out by Lord Bathurst, 
 would certainly keep the accounts of the revenue and ex¬ 
 penditure in a state satisfactory to all concerned in the colony, 
 and render the business, at 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 ease and certainty. 
 
 “ The defalcation of the late Receiver-General was a conse¬ 
 quence always to be apprehended, when public accountants are 
 not brought to regular and strict settlement at short periods, 
 under the check of those who furnish the money. In the 
 accounts transmitted to the Assembly last year (1823), by 
 the Executive, the whole of this defalcation (i?.96,l 17. 
 13s. 0|d. sterling) stands against the part of the revenue 
 allowed to be at the disposal of the Legislature. It is well 
 
 G 
 
82 
 
 LORD DALHOUSIE. 
 
 known, however, that the late Receiver-General did not 
 keep separate chests or accounts of his receipts ad ex¬ 
 penditures. The defalcation, of course, was on the whole of 
 his receipts. As the province had no hand in the appointment 
 of the Receiver-General, and, in fact, was prevented from ex¬ 
 ercising any control 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 control, 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 to 
 bear the whole of it, it would, indeed, 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 in¬ 
 formed, that orders had been received, “ to proceed at law 
 against the late Receiver-General.” 
 
 We may terminate this subject by observing that, for 
 many years, more than the half of the public revenues have 
 been employed by the different Governors, and more parti¬ 
 cularly by Lord Dalhousie, without the consent of the Legis¬ 
 lature ; that the salaries of different civil officers have been 
 augmented, in spite of an extraordinary diminution in the 
 profits of commerce ; and that the danger which was appre¬ 
 hended, of being called upon to support the extravagancies 
 of the Government, accompanied by anger, resulting from a 
 multitude of petty vexations, and mal-administration, were 
 the sole causes of the people rising up, en masse , against the 
 proceedings of the Executive. Petitions and addresses have 
 
 
LOWER CANADA PETITIONS. 83 
 
 been forwarded from all parts of the colony, manifesting the 
 utmost respect and loyalty towards the King; but, at the 
 same time, complaining bitterly of the conduct of his repre¬ 
 sentative, and praying for a change in toto , in the whole 
 proceedings in the government of the colony. These ad¬ 
 dresses were accompanied by a deputation of three Members 
 of the Provincial Parliament, who were fortunately heard be¬ 
 fore a special committee of the House of Commons appointed 
 to inquire into the state of Canada. The determination of 
 the committee was in accordance with the wishes of the people, 
 and the orders transmitted to Sir James Kempt, the present 
 Governor, and his conduct during the last session of the 
 Provincial Parliament, augur favourably as to the future. 
 
 We will close our account of the administration of Lord 
 Dalhousie, by inserting the petitions presented to the King, 
 on the subject of his government: the reader will thus learn 
 the general feeling of the people. 
 
 LOWER CANADA PETITIONS. 
 
 <c Petition of the Counties in the District of Quebec, and of 
 “ the County of Warwick , District of Montreal: 
 
 “ TO THE KING’S MOST EXCELLENT MAJESTY. 
 
 “ May itpleasey our Majesty ,—We, your Majesty’s faith¬ 
 ful and loyal subjects, inhabitants of your province of Lower 
 Canada, most humbly supplicate your Majesty to receive 
 graciously this our humble Petition, which we now lay at 
 the foot of your Imperial Throne, with hearts full of 
 gratitude and inviolable attachment to your august person 
 and your Majesty’s paternal Government. 
 
 “ Amongst the numerous benefits for which the in¬ 
 habitants of Lower Canada are indebted to your Majesty’s 
 Government, there is none that they more highly prize than 
 the invaluable constitution granted to this province by the 
 Act of the Parliament of Great Britain, passed in the thirty- 
 
u 
 
 84 
 
 LOWER CANADA PETITIONS. 
 
 first year of the reign of our beloved Sovereign, your august 
 father, of ever-revered memory. 
 
 « Called by that Act to the full enjoyment of British 
 constitutional liberty, and become the depositaries of our 
 own rights, under the protection of the mother country, we 
 contracted the solemn obligation of preserving inviolate this 
 sacred deposit, and of transmitting it to our descendants, 
 such as it was confided to us, by the great men who then 
 presided over the destinies of your powerful and glorious 
 empire. 
 
 “ Deeply impressed with a sense of this obligation, 
 alarmed by the abuses which have crept into the admini¬ 
 stration of the government of this province, and suffering 
 under the evils which weigh on its inhabitants, we entertained 
 an anxious hope that the House of Assembly, in the session 
 of the Provincial Parliament, called for the dispatch of 
 business on the 20th of November last, would take into con¬ 
 sideration the state of the province, and adopt efficacious 
 measures to obtain the remedy and removal of these abuses 
 and evils. We had a sure reliance on the well-tried loyalty 
 and disinterested zeal of our representatives; but we have 
 had the mortification of seeing our hopes frustrated by the 
 refusal, on the part of His Excellency the Governor-in-Chief, 
 to approve the Speaker elected by the Assembly, and by 
 the proclamation of the 22nd of the same month of 
 November, proroguing the Provincial Parliament. In these 
 circumstances, deprived of the services of our representatives, 
 suffering under great evils, and threatened with others still 
 
 greater, we humbly implore the protection of your Majesty, 
 the source of all grace and of all justice. 
 
 I. 
 
 « The enlightened and patriotic statesmen who devised 
 
 our Constitutional Act, and the British Parliament by which 
 it was granted, intended to bestow on us a mixed govern¬ 
 ment, modelled on the constitution of the parent state; the 
 opinions publicly expressed at the time in Parliament, and 
 the Act itself, record the beneficent views of the Imperial 
 
 Legislature; a Governor, a Legislative Council, and an 
 
 
 
LOWER CANADA PETITIONS. 
 
 85 
 
 Assembly, were to form three distinct and independent 
 branches, representing the King, the Lords, and the Com¬ 
 mons ; but the true spirit of that fundamental law has not 
 been observed in the composition of the Legislative Council; 
 for the majority of its members, consisting of persons whose 
 principal resources for the support of themselves and their 
 families are the salaries, emoluments, and fees derived from 
 offices which they hold during pleasure, they are interested 
 in maintaining and increasing the salaries, emoluments, and 
 fees of public officers paid by the people, and also in 
 supporting divers abuses favourable to persons holding 
 offices. The Legislative Council, by these means, is, in 
 effect, the Executive Power, under a different name, and the 
 Provincial Legislature is, in truth, reduced to two branches, 
 a Governor and an Assembly ; leaving the province without 
 the benefit of the intermediate branch, as intended by the 
 aforesaid Act, and from this first and capital abuse have 
 resulted, and still continue to result, a multitude of abuses, 
 and the impossibility of procuring a remedy. 
 
 “ We acknowledge that the Legislative Council ought to 
 be independent; and, if it were, we should not be entitled 
 to complain to your Majesty of the repeated refusals of 
 that branch to proceed upon various Bills sent up by the 
 Assembly, howsoever useful and even indispensable they 
 might be; but considering these refusals as the natural 
 result of the composition of that body, and of the state of 
 dependence in which the majority of its members are placed, 
 we are compelled to consider its Acts as the Acts of the 
 Executive Government; and we most humbly represent to 
 your Majesty, that the Legislative Council of this province, 
 the majority of which is composed of executive councillors, 
 judges, and other persons dependent on the Executive, 
 have, year after year, rejected several Bills, refused and 
 neglected to proceed on several other Bills sent up by the 
 Assembly, for the remedy of abuses, for encouraging 
 education, promoting the general convenience of the sub¬ 
 ject, the improvement of the country, for increasing the 
 
86 
 
 LOWER CANADA PETITIONS. 
 
 security of persons and property, and furthering the 
 common welfare and prosperity of the province: par¬ 
 ticularly— 
 
 “ Various annual Bills, granting the necessary sums 
 for all the expenses of the Civil Government of 
 the province, but regulating and setting limits to 
 the expenditure; 
 
 “ For affording a legal recourse to the subject having 
 claims against the Provincial Government; 
 
 “ For regulating certain fees and offices ; 
 
 “ For enabling the inhabitants of the towns to have a 
 voice in the management of their local concerns, 
 and a check on the expenditure of monies levied 
 upon them by assessment. 
 
 “ For facilitating the administration of justice through¬ 
 out the province, for qualifying and regulating 
 the formation of juries, and introducing jury 
 trials in the country parts, and diminishing the 
 expenses occasioned by the distance of suitors from 
 the present seats of justice ; 
 
 iC For providing a new and sufficient gaol for the 
 district of Montreal; 
 
 u For qualifying persons to serve in the office of 
 justice of the peace ; 
 
 « For continuing the Acts regulating the militia of 
 the province; 
 
 « For increasing and apportioning the representation 
 in the House of Assembly equally among the 
 qualified electors throughout the province, par¬ 
 ticularly in the new settlements and townships; 
 
 “ For the security of the public monies in the hands of 
 His Majesty’s Receiver-General in this province; 
 
 “ For the independence of the judges, by securing to 
 them their present salaries, upon their being com¬ 
 missioned during good behaviour, and for pro¬ 
 viding a tribunal for the trial of impeachments by 
 the Assembly, so as to ensure a just responsibility 
 in high public officers within the province ; 
 
87 
 
 LOWER CANADA PETITIONS. 
 
 “ For appointing and providing for an authorised 
 Agent for the province, to reside in England, and 
 attend to its interests there; 
 
 “ It is with the most profound grief that we find ourselves 
 compelled to represent to your Majesty, that, during several 
 years past, the incomes derived from real estate in this 
 province, the profits of trade and industry, and the wages 
 of labour therein, have greatly diminished, and still continue 
 to diminish ; that, under these circumstances, it would not be 
 equitable to impose taxes or new duties on its inhabitants for 
 the public uses ; and that there exists no other resource which 
 can reasonably be depended upon, to aid in the diffusion of 
 knowledge, and facilitate the exertions of individual industry, 
 than the proceeds of the existing revenues levied within the 
 province. 
 
 “ Nevertheless, more than one-half of the gross amount of 
 all its public revenues has been applied, for several years 
 past, in payment of salaries, emoluments, and expenses of 
 the officers of the civil government, exclusive of the usual 
 and indispensable special appropriations; and our anxiety is 
 the greater, as these salaries, and emoluments, and expenses 
 have been greatly increased, without the consent of the 
 Legislature; and have, in some instances, been paid to 
 persons who do not reside in the province, or have rendered 
 no service therefore; and in other cases the said salaries, 
 and emoluments, and expenses are excessive, when compared 
 with the incomes derived from real estate in this pro¬ 
 vince, and the usual recompense obtained therein by in¬ 
 dividuals of talent, character, and industry, equal to those 
 possessed by the persons to whom the said salaries and 
 emoluments are paid out of the public revenue of this 
 province ; and, lastly, in addition to those unnecessary and 
 excessive salaries and expenses, your Majesty’s subjects of 
 this province are also burdened with various and increasing 
 fees paid to the officers of the civil government, which are 
 grievous to the subject, diminishing the protection of the 
 laws, the benefits of government, and the resources of the 
 country for its necessary wants. 
 
88 
 
 LOWER CANADA PETITIONS. 
 
 u We are convinced that, besides the most perfect security 
 of person and property, one of the most efficacious means of 
 promoting the public prosperity, and preventing its decline, 
 is to aid in the diffusion of useful knowledge, and the free 
 exercise of individual industry and enterprise ; and we have 
 witnessed, with satisfaction and gratitude, that our Provincial 
 Legislature has appropriated very large sums of money for 
 these objects, since the close of the last war with the United 
 States of America; but we have to perform the painful duty 
 of humbly representing to your Majesty, that the monies 
 thus appropriated and applied, under the direction of the 
 Provincial Executive, have not produced the beneficial re¬ 
 sults that were to be expected from a legal and judicious 
 application of them, and have been tardily or insufficiently 
 accounted for. 
 
 “ It is with the utmost pain that we are compelled to re¬ 
 present to your Majesty, that in this province of the British 
 Empire, large sums of public money of the revenue levied 
 within this province have been applied, year after year, by 
 warrant of the Executive Government, without any appro¬ 
 priation by the Legislature of the province (at a time when 
 the necessary appropriations were rejected in the said Legis¬ 
 lative Council) in payment of alleged expenses of the civil 
 government, and other expenses for which no services were 
 rendered to the province, or for new and increased salaries 
 and allowances never recognised by the Legislature. Were 
 we to refrain from complaining of such an enormous abuse, 
 we should co-operate in consolidating our slavery, and we 
 humbly implore your Majesty’s justice. 
 
 “ Alike negligent in the preservation of the public monies 
 and prodigal in their expenditure, the Executive Govern¬ 
 ment of this province has not only suffered the dissipation of 
 large sums of money in the hands of the Receiver-General, 
 and other depositaries thereof, then and still under its super¬ 
 intendence and control, but has appointed other officers in 
 the stead of these faulty depositaries, without taking any 
 sufficient security for the future; and having advanced, to 
 
LOWER CANADA PETITIONS. 
 
 89 
 
 different persons, large sums of money appropriated by the 
 Legislature, the neglect of the Executive Government, in 
 this respect, has been such, that several of those persons have 
 not accounted at the time when they ought to have ac¬ 
 counted ; some have insufficiently accounted, or not rendered 
 any account; and, notwithstanding their negligence and 
 default, some of these persons have been appointed by the 
 Executive Government to offices of trust, honour, and profit; 
 and we most humbly represent to your Majesty, that the 
 Executive Government of the province, by its negligent 
 conduct in these respects, has exposed your Majesty’s sub¬ 
 jects in this province to heavy and grievous losses, dissipated 
 and endangered the resources of the province, and subjected 
 its inhabitants to unnecessary burdens. 
 
 “ Your Majesty’s faithful subjects, in this province, have 
 already forwarded humble representations to your Majesty’s 
 Government, on the subject of the college and estates here¬ 
 tofore in the possession of the late Order of Jesuits in this 
 province; and while we deplore the unfavourable result of 
 our past endeavours, we, nevertheless, continue to entertain 
 the most perfect confidence, that, so soon as the truth shall 
 be fully known to your Majesty, justice will be rendered 
 unto us; and we humbly represent that, as the said Order 
 was never the proprietor of the said college and estates, hut 
 merely the depositary thereof, for the education of the youth 
 of Canada, the extinction of that Order could not confer on 
 the Sovereign any other rights on that property than were 
 possessed by the said Order; and that your Majesty suc¬ 
 ceeded to the possession of those estates, subject to their 
 being applied to the education of the youth of this province, 
 conformably to their primitive destination ; and it is with 
 the most profound grief that we find ourselves still deprived 
 of the benefits which were formerly derived from the actual 
 application of that property to these objects under the direc¬ 
 tion of the Jesuits, while education is languishing amongst 
 us for want of those resources. 
 
 “ The settlement of the waste lands in this province, the 
 
90 LOWER CANADA PETITIONS. 
 
 importance of which has already, at various times, occupied 
 the attention of your Majesty’s Imperial Government, has 
 been neglected in the most unaccountable manner by the 
 Executive Government of the province, so that large por¬ 
 tions of the said lands, granted or reserved by the crown, 
 have been long held, and continue to be held in the midst of, 
 or in the immediate vicinity of actual settlements, without the 
 owners or possessors thereof having been compelled to per¬ 
 form the duty of settlement upon which said lands were 
 granted by the Crown, or any other duty in relation to the 
 said lands, to the grievous burden of the actual inhabitants, 
 the discouragement of new settlers, and the obstruction of 
 the general increase and prosperity of the province. 
 
 “ But of all the abuses of which the inhabitants of this 
 province have to complain, the most afflicting to your peti¬ 
 tioners is, that, during the prevalence of the afore-mentioned 
 and various other abuses and grievances, false representations 
 and repeated attempts have been made by divers officers of 
 the Provincial Executive, possessing the confidence of your 
 Majesty’s Government, to obtain from your Majesty's Go-' 
 vernment in England and the Parliament of the United 
 Kingdom, various alterations in the constitution of the 
 government of this province as established by law, without 
 the knowledge of your Majesty’s faithful subjects in this 
 province, in contempt of their most sacred rights and dearest 
 interests; and this at a time when a majority of executive 
 councillors, judges, and other officers in the Legislative 
 Council, prevented the inhabitants of the province from 
 having an authorised agent in England to watch over and 
 support their interests, and enable them to be heard by the 
 government of the mother country; and it is under these 
 circumstances that the Act of the Parliament of the United 
 Kingdom, 4th Geo. IV., cap. 6, reviving or continuing cer¬ 
 tain temporary Acts of the Provincial Legislature levying 
 duties within this province, and the Acts affecting the tenure 
 of lands therein, were passed, without the knowledge of its 
 inhabitants, to the subversion of their rights and dearest 
 
LOWEIt CANADA PETITIONS. 
 
 91 
 
 interests, and particularly without the knowledge or consent 
 of the proprietors more immediately interested in the last- 
 mentioned Acts. It is with the most afflicting sensations 
 that we have witnessed the intrigues which have been in 
 operation to despoil your Majesty’s faithful subjects in this 
 province of the rights and benefits which were granted and 
 guaranteed to us by the supreme authority of a powerful 
 and generous nation, under the auspices of its most illus¬ 
 trious citizens. 
 
 “ We most humbly implore your Majesty to take this our 
 petition into your most gracious consideration, to exercise 
 your royal prerogative, so that your Majesty’s faithful sub¬ 
 jects in this province be relieved from the aforesaid abuses 
 and grievances, and justice be done in the premises, that 
 your petitioners may be maintained and secured in the full 
 enjoyment of the constitution of government, as established 
 by the Act passed in the thirty-first year of the reign of our 
 late Sovereign, your royal father, without any alteration 
 thereof whatsoever. 
 
 “ And your petitioners, as in duty bound, will ever pray. 
 “ December , 1827. 
 
 iC [N.B.—The petitions to the Lords and Commons are 
 the same as the above, with only the necessary change of 
 style.]” ___ 
 
 “ Recapitulation of Signatures to the above Petition :— 
 
 “ County of Cornwallis ------ ----- - 3,583 
 
 - Devon.- - - 2,139 
 
 -Hertford.2,394 
 
 -— Dorchester.4,157 
 
 - Part of Buckinghamshire ------- 1,532 
 
 - Ditto Hampshire - -- -- -- -- 1,346 
 
 - Quebec . .. ---- - 5,870 
 
 - Orleans - - -.1,018 
 
 - Northumberland 2,445 
 
 “ Total district of Quebec ------ 24,484 
 
 “ Total county of Warwick.4,904 
 
 “ Grand Total. 29,388 
 
 “ February 2, 1828." — 
 
92 
 
 LOWER CANADA PETITIONS. 
 
 “ Resolutions on which the foregoing Petition was founded. 
 
 “ At a Meeting of Electors of the city and suburbs 
 of Quebec, who approve of the conduct of the House of 
 Assembly, called for the purpose of considering the expe¬ 
 diency of submitting, by humble petition to His Majesty and 
 both Houses of Parliament, the present state of the province, 
 and the abuses and grievances which prevail therein, and 
 praying for relief and justice; held at Malhiot’s Hotel, 
 the 13th of December, 1827 ; 
 
 “ Louis Abraham Lagueux, Esq. in the Chair. 
 
 “ It teas Resolved :— 
 
 “ 1st. That there was reason to hope, that in the session 
 of the Provincial Parliament, assembled on the 20th of 
 November last for the dispatch of public business, the state 
 of the province would have been improved, and the evils 
 which weigh on its inhabitants remedied, or put in a course 
 to be removed, and its peace, welfare, and good government 
 promoted. 
 
 “ 2 nd. That the said session has been interrupted by the 
 refusal, on the part of His Excellency the Governor-in-Chief, 
 to approve, according to parliamentary usage, the Speaker 
 chosen and presented by the Assembly in the usual manner^ 
 and by the proclamation of the 22nd of November proroguing 
 the Provincial Parliament. 
 
 “ 3rd. That it is expedient, under the foregoing cir¬ 
 cumstances, to submit, by humble petition to His Majesty 
 and the two Houses of the Parliament of the United Kingdom, 
 the present state of the province, and the evils to which its 
 inhabitants are exposed, in the hope that, in the exercise of 
 the Royal Prerogative and the justice of Parliament, a 
 remedy may be applied, whereby the constitution of this 
 province, as now established by Act of the Parliament of 
 Great Britian, may be preserved and maintained unimpaired. 
 
LOWER CANADA PETITIONS. 
 
 93 
 
 u That, for several years past, the income of real 
 estate in this province, the profits of trade and industry, and 
 the wages of labour therein, have greatly diminished, and 
 are still diminishing, with new and alarming features. 
 
 “ 5th. That, besides the ensuring to the subject the most 
 perfect security of his person and property, the aiding and 
 facilitating the diffusion of useful knowledge, and the free 
 exercise of industry and enterprise, are amongst the most 
 efficient means of promoting the general prosperity, and 
 preventing its decline. 
 
 “ 6th. That, although large sums of public money have 
 been appropriated by the Legislature of this province, since 
 the conclusion of the late war, in aid of education, and 
 for facilitating industry, by opening and improving internal 
 communications, and that these appropriations have been 
 applied under the direction of the Provisional Executive, 
 they have produced no adequate advantages, while many of 
 the persons entrusted by the said Executive with the expen¬ 
 diture of the said monies have tardily or insufficiently 
 accounted for the same. 
 
 “ 1th. That, under the present circumstances of the 
 province, no taxes or new duties for the public uses thereof 
 can, equitably, be imposed, and no dependence can be 
 placed on any funds for aiding in the diffusion of education, 
 and facilitating the exertions of individual industry and 
 enterprise, other than such funds as may be derived from 
 the existing public revenue of the province. 
 
 “ 8th. That more than one-half of the gross amount of 
 the said public revenue has been applied for several years 
 past to the payment of the salaries, emoluments, and ex¬ 
 penses of the officers of the Civil Government of the province, 
 exclusive of the usual special appropriations. 
 
 “ 9th. That the said salaries, emoluments, and expenses, 
 have been greatly increased, without the concurrence or 
 consent of the Legislature, for many years past, and are 
 in several instances paid to absentees and persons who have 
 rendered no service therefore to this province ; and, in other 
 
94 LOWER CANADA PETITIONS. 
 
 instances, the said salaries, emoluments, and expenses are 
 excessive, compared with the services rendered, and with the 
 incomes derived from real estate, and the usual recompense 
 obtained by individuals of talent, character, and industry, 
 equal to those of the persons who hold the said salaries 
 and emoluments. 
 
 “ 10/7*. That, besides the unnecessary and excessive 
 salaries, emoluments, and expenses, fees, increasing to a 
 heavy and grievous amount, are paid by the subjects to 
 divers officers of Government, whereby individuals are bur¬ 
 dened, the protection of the law and the benefit of 
 government are lessened, and the resources of the country 
 for its necessary wants diminished. 
 
 “ Ylth. That a majority of persons, chiefly dependent, for 
 
 the support of themselves and their families, on the salaries 
 and emoluments of public offices held during pleasure, have 
 been placed in the Executive and Legislative Councils of 
 this province, several of whom have a direct individual 
 interest in maintaining and increasing the said excessive 
 salaries, fees, emoluments, and expenses, and perpetuating 
 other abuses profitable to persons in office. 
 
 “ 1 Qth. That a majority in the said Legislative Council, 
 chiefly consisting of executive councillors, judges, and other 
 officers, so holding during pleasure, have, year after year, 
 rejected, refused, or neglected to proceed upon various ne¬ 
 cessary Bills sent up by the Representative Assembly of the 
 province, for the remedy of abuses grievous to the subject, 
 for aiding in the diffusion of education, for furthering the 
 general convenience and improvement of the country, for in¬ 
 creasing the security of persons and property, and promoting 
 the common welfare and prosperity; particularly, enume¬ 
 rating the Bills already mentioned in the foregoing petition. 
 
 « 13 th. That the repeated rejection, the refusal or neglect 
 to proceed upon these and other necessary Bills sent up by 
 the Assembly to the Legislative Council, by a majority of 
 the said Council, formed of executive councillors, judges^ 
 and officers holding their commissions during pleasure, must 
 
LOWER CANADA PETITIONS. 
 
 95 
 
 be held to be the act of the Executive Government of 
 the province, and, as such, constitutes a public grievance, 
 destructive of the ends of the constitution of Government 
 as by law established in this province. 
 
 “ 14/A. That large sums of money, of the proceeds of the 
 public revenue levied in this province, have been applied, 
 by warrant of the Executive Government, year after year, 
 without any appropriation by the Legislative Body therein 
 (while the necessary appropriations were rejected in the said 
 Legislative Council), for the payment of alleged expenses of 
 the Civil Government, and other expenses, for which no 
 services were rendered to the province, or for new and 
 increased salaries and allowances, never recognised by the 
 Legislature. 
 
 “ 1 5th. That large sums of money, of the proceeds of the 
 public revenue raised within this province, in the hands of 
 the late Receiver-General, and other depositaries of public 
 monies, then and still under the control and superintendence 
 of the Provincial Executive, have been dissipated, and other 
 officers appointed in their stead, without any adequate secu¬ 
 rities being taken for the future; thereby occasioning and 
 exposing the public to grievous losses, wasting or endangering 
 the resources of the province, and subjecting its inhabitants 
 to unnecessary burdens. 
 
 “ 1 6th. That various other sums of money, appropriated 
 by the Legislature, have been advanced to divers persons 
 appointed by the Executive, many of whom have not ac¬ 
 counted for such advances in due time, have insufficiently 
 accounted, or not accounted in any shape whatsoever, as 
 appears by the statement laid before the Assembly, on 
 address, in the session of 1826; and that persons, then in 
 default on the said statement, have been appointed to other 
 situations of honour, trust, and profit. 
 
 “ 17 th. That the college and revenues of the estates of 
 the late Order of Jesuits, in this province, originally erected 
 and formerly applied for the civil and religious education of 
 the youth of this province, have not been so applied for 
 
u 
 
 96 LOWER CANADA PETITIONS, 
 
 many years past, and are in no way accounted for to the 
 Legislature, or the inhabitants of this province. 
 
 “ 18th. That large portions of the waste lands, granted 
 or reserved by the crown, in this province, have been long 
 held, and continue to be held, in the midst of, or in the im¬ 
 mediate vicinity of actual settlements, without the owners or 
 possessors thereof having been compelled to perform the 
 duty of settlement, upon which such lands were granted by 
 the crown, or any other duty in relation to the said lands, 
 to the grievous burden of the actual settlers, the hindrance 
 of new settlers, and the obstruction of the general increase 
 and prosperity of the province. 
 
 “ 19^. That, during the prevalence of these and other 
 abuses and grievances, false representations and attempts 
 have been repeatedly made, by divers officers of the Pro¬ 
 vincial Executive, to obtain from His Majesty’s Government 
 in England, and the Parliament of the United Kingdom, 
 various alterations in the constitution of the Government of 
 this province, as established by an Act of the British Par¬ 
 liament, prejudicial to the rights and interests of this pro¬ 
 vince, without their knowledge, and at a time when the said 
 inhabitants were prevented, by the said majority of executive 
 councillors, judges, and other officers in the Legislative 
 Council, from having an authorised agent in England, to 
 attend to their interests, and enable them to be heard by 
 the Government of the mother country. 
 
 “ 20 tli. That the revival, or continuation, by the Act of 
 the Parliament of the United Kingdom (4 Geo. IV., cap. G), 
 of temporary duties imposed by provincial Acts, were so 
 obtained, as well as the Acts affecting the tenures of land in 
 this province, the whole prejudicial to the dearest rights and 
 essential interests of the inhabitants of this province, and 
 without the knowledge or consent of the persons chiefly 
 affected by the said Acts. 
 
 “ %\st. That the afore-mentioned 
 
 “ Application of monies levied in this province, with¬ 
 out appropriations by the Legislature thereof; 
 
LOWER CANADA PETITIONS. 97 
 
 “ The said advances of money, to persons who have 
 not sufficiently accounted for the same; 
 
 “ The said dissipation of public money, and appoint¬ 
 ment of persons to be entrusted with public monies, 
 without full security given ; 
 
 “ The diversion of the revenues of the estates of the 
 late Order of the Jesuits, from purposes of edu¬ 
 cation of the youth of this province ; 
 
 “ The inexecution of the conditions of the grants of 
 the waste lands of the crown, and the aforesaid 
 attempts on the part of the officers of the Executive 
 Government to obtain alterations in England of the 
 established constitution and laws of the province, 
 without the knowledge of the inhabitants generally, 
 and without their having had an opportunity of 
 being heard ; 
 
 are grievances dangerous to the peace, welfare, and good 
 government of this province. 
 
 “ %&nd. That the prayer of the petition to His Majesty 
 be, that he would take the premises into his most gracious 
 consideration, and so exercise his royal prerogative, that his 
 subjects in this province be relieved from the said abuses 
 and grievances, and that justice be done therein ; that the 
 inhabitants of this province be secured in the full enjoyment 
 of the constitution of government, as established by the 
 Act passed in the thirty-first year of the reign of his late 
 royal father of revered memory. 
 
 “ 23 rd. That the prayer to both Houses of Parliament 
 be, that they would take the premises into consideration, 
 cause inquiry to be made and the petitioners to be heard, 
 that justice may be done thereon, and the subject in this 
 province be secured in the full enjoyment of the constitution 
 of Government, as established by the Act of the Parliament 
 of Great Britain, passed in the thirty-first year of the reign 
 of His late Majesty, without any alteration thereof what¬ 
 soever. 
 
 “ 24 th. That a committee of thirty-five electors, duly 
 
 H 
 
' 
 
 98 
 
 LOWER CANADA PETITIONS. 
 
 qualified by law to vote for Members of the Assembly of 
 this province, be appointed to draft and prepare petitions on 
 the foregoing resolutions, with full power to take all the 
 necessary steps for submitting them for the signature of the 
 electors generally ; for causing the said petitions to be laid 
 
 at the foot of the throne, and presented to the Lords and 
 
 Commons; and also to give effect to and support the same 
 by evidence. 
 
 “ 9,5th. That this meeting will contribute, and assist in 
 procuring voluntary subscriptions, to cover the necessary 
 expenditure for the aforesaid purposes. 
 
 “ 96th. That Messrs. Amable Berthelot, Francois Blan- 
 chot, J. L. Borgia, J. B. E. Bacquet, Robert Blackiston, 
 Michel Borne, J. Bigaoutte, Michel Clouet, John Cannon, 
 Joseph Dorion, Etienne Defoy, John Duval, John Fraser, 
 H. G. Forsyth, Pierre Faucher, Joseph Gagne, A. R. Hamel, 
 H. S. Iiuot, Louis Lagueux, Joseph Legare, pere, Louis 
 Lagueux, fils, Jacques Leblond, Et. C. Lagueux, Jean 
 Langevin, Ignace Legare, J. L. Marett, Louis Massue, 
 Joachim Mondore, John Neilson, Vallieres de St. Real, 
 Pierre Pelletier, Joseph Roy, Augt. Gauthier, and Louis 
 Fortier, do compose the said committee, and that nine form 
 a quorum ; notices, in writing, of the time and place of 
 meeting being previously left at the domicile of each of the 
 said committee. 
 
 u 91th. That the said committee have power to add to 
 their number, and be empowered to aid in forwarding similar 
 petitions from any other parts of this district, in cases where 
 application may be made to them to that effect, and where 
 contributions may have been made to the funds of the said 
 committee, in aid of the afore-mentioned expenditure. 
 
 98th. That Joseph Roy, Esq. be treasurer of the said 
 
 committee, and be held to account to the said committee, 
 and a meeting of electors publicly called; and that all pay¬ 
 ments made by him be vouched by orders of the said 
 committee, attested by the signature of the secretary. 
 
 “ LOUIS A. LAGUEUX, President. 
 “ H. S. HUOT, Secretary 
 
 Iff 
 
 V 
 
LOWER CANADA PETITIONS. 
 
 99 
 
 “ At a meeting of the committee, on Friday, the 14th of 
 December, 1827, the following officers were appointed:— 
 
 “ J. R. Vallieres de St. Real, Esquire, President. 
 
 “ Henry George Forsyth, Esquire, ) 
 
 “ Louis Abraham Lagueux, Esquire,/ J ice-Presidents. 
 
 “ Messrs. H. S. Huot and J. B. E. Bacquet, Secretaries. 
 
 “ II. S. HUOT, Secretary." 
 
 “ PROVINCE OF LOWER CANADA. 
 
 44 Petition of the Counties in the Districts of Montreal , 
 and Three Rivers*. 
 
 “ A LA TRES EXCELLENTE MAJESTE DU ROI, 
 
 44 La Petition des soussignes fideles et loyaux sujets dej votre 
 Majeste residens dans le Bas-Canada. 
 
 44 Qif ilplaise a votre Majesty —Dans une partie eloignee 
 des immenses domaines de votre Majeste, il existe un peuple 
 
 peu nombreux, il est vrai, mais fidele et loyal: il jouit avec 
 orgueil et reconnaissance, sous la domination de votre Ma¬ 
 jeste, du noble titre de sujets Britanniques, qui lui a ete 
 confere sous le r£gne de votre pere de glorieuse memoire, 
 avec tous les droits qui font de ce titre un objet d’envie. 
 Plus ce bienfait etait grand, plus votre bon peuple du 
 Bas-Canada a cru devoir montrer de reconnaissance: Phis- 
 toire est la pour deposer en notre faveur: laissons lui le soin 
 de prouver que nous avons deux fois empeche ce pays de 
 passer sous une domination etrangere. 
 
 44 Reconnaissans de /inestimable present que nous a fait 
 la mere-patrie en nous accordant notre constitution, con- 
 vaincus qu’elle peut faire le bonheur de vos fideles sujets en 
 Canada, le premier de nos voeux est de la conserver intacte 
 et de jouir librement des droits precieux qu’elle nous assure. 
 
 * “ The original of this Petition having been in French, it is given in 
 preference to the English. The Petitions to the Lords and Commons are the 
 same as the Petition to the King, with the necessary changes in the style.” 
 
 f fc 5 • & 
 
 A* 
 
 / 
 
100 
 
 LOWETt CANADA PETITIONS. 
 
 « Parmi les droits inherents au titre de sujets Britan- 
 niques, celui de petition est un des plus importans et des 
 plus sacres: il assure au plus pauvre individu le droit d’etre 
 entendu et l’espoir de la justice lors meme quil se plaint des 
 personnes les plus elevees en dignite. La voix de tout un 
 peuple sera sans doute encore plus puissant, lorsqu’elle 
 parviendra aux pieds de votre trone, et qu’elle revelera a 
 votre Majeste que Toppression peut exister sous son Gou- 
 vernement paternel. 
 
 “ L’eloignement ou nous sommes du siege de Pempire, et 
 Pespoir d’un changement pour le mieux, nous ont engages 
 jusqu’a ce jour a un penible silence; mais Pexces du mal 
 nous force enfin a le rompre. II ne convient pas au caractere 
 de sujet Britannique de souffrir servilement Poppression : la 
 patience dans ce cas n’est une vertue que pour des esclaves. 
 
 “ Nous venons deposer a vos pieds nos justes plaintes 
 centre Son Excellence George Comte de Dalhousie. Charge 
 par vous-meme de vous representer dans votre colonie, et de 
 nous faire eprouver les bienfaits du gouvernement de votre 
 Majeste, il s’en faut de beaucoup, malheureusement pour 
 nous, qu’il ait rempli la haute mission dont vous Paviez 
 gracieusement charge pour le bonheur de vos fideles sujets 
 Canadiens. 
 
 “ Il a, pendant son administration, commis differents 
 actes arbitraires, tendant a aliener Paffection des fideles sujets 
 de votre Majeste, et subversifs du gouvernement tel qu’eta- 
 bli par la loi dans cette province. 
 
 “ Il a, par warrant ou autrement, tire des mains du 
 receveur-general de cette province des sommes considerables, 
 sans y etre autorise par la loi. 
 
 “ Il a, volontairement et mechamment, tronque, supprime', 
 garde par-devers lui, et soustrait a la connaissance du Parle- 
 ment Provincial, divers documens et papiers publics neces- 
 saires la depeche des affaires et au bon gouvernement de 
 cette province, et ce au grand detriment du service public et 
 au grand prejudice des sujets de votre Majeste en la dite 
 province. 
 
 “ Il a volontairement et en violation de son devoir envers 
 
* 
 
 LOWER CANADA PETITIONS. 101 
 
 son souverain et ses fideles sujets en cette province, conserve 
 dans Pexercice de ses fonctions, John Caldwell, Ecuyer, 
 ci-devant receveur-general, entre les mains duquel le revenu 
 public de cette province etait verse, en vertu de la loi et des 
 instructions royales, lcngtemps apr£s que ce fonctionnaire 
 public avait avoue sa malversation et declare son incapacity 
 de satisfaire aux demandes faites contre lui pour le service 
 public: et ce au grand detriment des habitans de cette 
 province, et au grand prejudice du service, et de la foi 
 publique. 
 
 “ II a, en opposition a la pratique constante du gouverne- 
 ment de votre Majeste, et en violation de son devoir comme 
 administrates du gouvernement de cette province, nomme 
 John Hale, Ecuyer, pour remplacer le dit John Caldwell, 
 comme receveur-general, sans exiger ni requerir de lui les 
 suretes ordinaires requises pour assurer la due execution des 
 devoirs de cette place. 
 
 “ II s’est en differents temps servi de son autorite comme 
 Command an t-en-Chef, pour influencer et intimider les habi¬ 
 tans de cette province dans Pexercice de leurs droits civils et 
 politiques. 
 
 “ II a comme Commandant-en-Chef renvoye et disgracie 
 un grand nombre d'officiers de milice dans la province, sans 
 cause juste, ou raison suffisante. 
 
 “ II a sans cause, ou raison suffisante, arbitral remen t et 
 despotiquement, renvoye et priveplusieurs officiers civils des 
 places de confiance et de responsabilite qu’ils occupaient, et ce 
 au prejudice de ces officiers et du service public. 
 
 “ II a maintenu et conserve, conserve et maintient en 
 place, plusieurs fonctionnaires publics, apres qu’il a etc 
 prouve que leur nomination a telles places, ou que leur 
 conduite dans Pexercice de leurs fonctions etaient prejudicia- 
 bles au service de votre Majeste et aux interets de ses sujets 
 dans cette province. 
 
 “ II a multiplie dans des temps de tranquillite, et sans 
 aucune necessite, des Cours Speciales d’Oyer et Terminer, 
 outre les termes reguliers et ordinaires des cours criminelles 
 etablics par la loi, imposant par la un fardeau considerable 
 
102 
 
 LOWER CANADA PETITIONS. 
 
 aux sujets de votre Majeste, et une depense enorme a la 
 province. 
 
 “ II a, par des prorogations et dissolution subites et 
 violentes du Parlement Provincial, nui aux interets publics 
 de cette province, retard e ses progres, empeche la passation 
 d’actes utiles: il a dans ses discours lors de telles proroga¬ 
 tions, faussement accus6 les represen tan ts du peuple, afin de 
 les decrier dans Topinion de leurs constituants et dans la vue 
 de creer aupres du Gouvernement de votre Majeste des 
 prejuges defavorables a la loyaute et au caractere des sujets 
 Canadiens de votre Majeste : il a tolere et permis que les 
 Gazettes du Gouvernement publiees sous son autorite ou 
 sous son controle, portassant journellement les accusations 
 les plus fausses et les plus calomnieuses contre la Chambre 
 d’Assemblee, ainsi que contre tout le peuple de cette province. 
 
 “ Il a par le meme moyen menace le pays d’exercer la 
 Prerogative Hoy ale d’une maniere violente, despotique et 
 desastreuse, c’cst-a-dire, de dissoudre continuellement, ou 
 selon Texpression insultante de ces menaces, de chasser le 
 corps rcpresentatif jusqu’a ce que les francs-tenanciers et les 
 proprietaires se vissent obliges de choisir pour representants, 
 non plus ceux qui auraient leur confiance, mais ceux qui 
 seraient disposes a tout accorder a TExecutif et a lui sacrifier 
 le droit qu’a le peuple de cette province, agissant par ses 
 representants, de determiner quelle somme des deniers publics 
 Tadministration aura le droit de depenser, et d’assurer 
 Temploi fidele de ces deniers; ou bien qu’il punirait la 
 province en rejetant les Bills passes par les representants du 
 peuple pour Tavantage general, jusqu'a ce qu’ils abandon- 
 nassent le droit de fixer et de controler la depense; et que 
 les magistrats et les juges du pays seraient, aussi bien 
 que les bas officiers, destitues des hautes et importantes places 
 qu’ils occupent, et qui, dans I’interet public comme dans 
 Tinteret des particuliers, exigent Tindependance et Timpar- 
 tialite la plus absolue, s’ils n'etaient pas agreables a la presente 
 administration. 
 
 46 II a, conformement a la politique vindicative ainsi 
 avouee par ces ecrivains par lui employes, puni en effet le 
 
LOWER CANADA PETITIONS. 103 
 
 pays, en ne donnant point la sanction royale a cinq Bills 
 d’appropriation pour aider les progres et 1 ameliercition du 
 pays en 1826, auxquels votre Majeste a bien voulu depuis 
 donner sa sanction, et en permettant a ses conseillers exe- 
 cutifs et autres personnes sous son controle et possedant des 
 places durant plaisir, de se servir de leur preponderance dans 
 le Conseil Legislatif dont ils sont aussi membres, pour sup¬ 
 porter cette politique vindicative, et rejeter, en 1827, tous les 
 Bills d’appropriation pour Pavancement de la province et pour 
 des objets de charite qui avaient ete passes annuellement 
 depuis un grand nombre d’annees. 
 
 “ II a viole les franchises electives des habitans de cette 
 province, en essayant directement et indirectement d influer 
 sur Pelection des Membres de la Chambre d’Assemblee de 
 cette province. 
 
 “ II a enfin, par tous ces divers actes depression, cree dans 
 tout le pays un sentiment d^alarme et de mecontentement, 
 deprecie Pautorite du pouvoir judiciaire dans Popimon pub- 
 lique, affaibli la confiance du peuple dans Padministration de 
 la justice, et inspire dans toute la province un sentiment in- 
 surmontable de mefiance, de soup§on et de degout conti e 
 son administration. 
 
 “ Nous osons done supplier votre Majeste de vouloir bien 
 prendre en sa royale consideration les vexations qu ont 
 eprouvees vos fideles sujets dans cette partie eloignee de vos 
 domaines. Presses sous les poids de tant d’actes d oppression 
 nous avons cru devoir supplier votre Majeste de vouloir bien, 
 pour Pinteret de son service dans cette colonie, et 1 avantage 
 de ses fideles sujets y residens, rappeler pour toujours son 
 Excellence le Gouverneur-en-Chef, comme ne pouvant plus 
 jouir de la confiance publique dans cette province, ni en ad- 
 ministrer le gouvernement avec honneur pour la couronne 
 ou avec avantage pour le peuple. 
 
 “ Qu'il plaise a votre Majeste ,—Prives comme nous le 
 sommes maintenant, par la prorogation du Parlement Pro¬ 
 vincial, des services publics de nos represen tan ts, des services 
 que nous avions droit d’attendre de leur zclc connu pour les 
 
 
lot LOWER CANADA PETITIONS. 
 
 interets de la province, et de leur patriotisme eprouve, nous 
 sommes dans la necessite de soumettre nous-memes a la bien- 
 veillante consideration de votre Majeste, quelques objets que 
 nous estimons de la plus haute importance pour le bien etre 
 du pays, objets qui tendent egalement a assurer le bonheur 
 du peuple, et a rendre cette colonie plus utile a l’Empire 
 Britannique, ce qui ne peut qu’interesser le coeur royal de 
 votre Majeste, sous le double rapport de pere de son peuple 
 et de chef supreme d’un puissant empire. 
 
 “ ^’education est le premier des biens qu’un pere puisse 
 donner a son fils, le premier des biens qu’une legislation 
 eclairee puisse assurer aux peuples. En rendant justice aux 
 efforts qui ont ete faits dans ce pays vers cetobjet important, 
 par plusieurs corps et par un grand norabre de particuliers, 
 on ne peut cependant disconvenir que l’education publique 
 n’est pas encouragee dans ce pays en proportion de ses be¬ 
 soms. Et pourtant la province n’etait pas depourvue de 
 moyens : la munificence des Hois de France et les bienfaits 
 de quelques particuliers n’avaient rien laisse a desirer a ce 
 sujet. Des fondations vraiment royales, tant par leur objet 
 que par leur etendue, assuraient it ce pays des ressources 
 suffisantes pour les temps, et croissantes avec les besoins de la 
 population. Depuis l’extinction de l’Ordre des Jesuites en ce 
 pays, ses biens sont passes aux mains du gouvernement de 
 votre Majeste. Votre Majeste peut seule les rendre a leur 
 premiere, a leur bienfaisante destination. Nous l’en supplions 
 tres-humblement. Qu’il ne puisse pas etre dit que cette 
 province a etc privee sous le gouvernement du lioi constitu- 
 tionnel de la Grande Bretagne, des bienfaits que le Boi 
 absolu de la France lui avait conferes pour l’education de 
 ces habitants. 
 
 Un des droits naturels, fondanientaux, inalienables des 
 sujets Britanniques, un des titres de leur gloire et de leur 
 surete, c est le droit de se taxer eux-memes et de contribuer 
 librement aux charges publiques selon leurs moyens. A ce 
 titre nature! nous joignons encore les droits resultants de la 
 loi ecrite, des Actes du Parlement Imperial, qui dcclarcnt 
 
LOWER CANADA PETITIONS. 
 
 105 
 
 que PAngleterre renonce a im poser des taxes dans les colonies, 
 et qui donnent a cette province le droit de faire des lois pour 
 sa tranquillite, son bonheur, et son bon gouvernement. 
 
 66 Nous supplions humblement votre Majeste d’excuser 
 notre temerite, ou bien plutot d’approuver la confiance en votre 
 justice et en celle du Parlement Imperial, qui nous engage 
 a nous plaindre de ce que ces droits ont ete lezes d’une ma- 
 niere grave par des Actes du Parliament Imperial. Nous 
 faisons allusion surtout a l’Acte de Commerce du Canada, 
 passe dans la troisieme annee du regne de votre Majeste, 
 ch. 119, et a celui des Tenures des Terres, passe dans la 
 sixieme annee du regne de votre Majeste, ch. 59, centre 
 lequel nous avons dejk adresse par la voie de nos repre- 
 sentants a votre Majeste nos humbles reclamations: Tun 
 etablit directement des impots dans cette colonie, et les rend 
 perpetuels sans la participation du Parlement Provincial; 
 l’autre touche a des objets de legislation interieure sur les- 
 quels nous croyons humblement que la Legislature Coloniale 
 avait pleine jurisdiction. 
 
 “ Nous croirions, Sire, meriter bien peu les inestimables 
 bienfaits que nous procure la constitution qui nous regit, si 
 nous ne faisions tous nos efforts pour la conserver intacte. 
 C’est prouver combien nous en sentons tout le prix. 
 
 “ La cumulation dans une seule et nieme personne de 
 plusieurs places importantes dans ces colonies, et qui nous 
 semblent incompatibles, est un obstacle vivement senti, un 
 obstacle considerable au bon gouvernement de cette province. 
 Nous voyons dans ce pays les places de juges du Banc du 
 Roi, de conseillers executifs et legislates, possedees par 
 la meme personne. Nous croyons humblement que ces 
 hautes fonctions devraient etre exercees isolement au lieu 
 d’etre cumulees: que les juges, bornes aux importantes 
 fonctions de leur etat, ne devraient pas sieger dans les con- 
 seils: que les conseillers legislates ne devraient pas etre 
 admis au Conseil Execute, et vice versa: qu’il serait con- 
 venable que les juges fussent plus independans, sujets seule- 
 ment avee les autres grands fonctionnaires publics, a un 
 
106 LOWER CANADA PETITIONS. 
 
 ' tribunal etabli dans la province pour juger des impeachments . 
 
 Nous avons deja fait des representations et des demarches 
 concernant ces differents objets par le moyen de nos repre- 
 sentants dans la Chambre d’Assemblee. Les mesures par 
 eux proposees ont &houe dans les autres branches de la 
 Legislature. Nous supplions humblement votre Majeste 
 de vouloir bien prendre en sa consideration royale les maux 
 nombreux quudoivent inevitablement resulter de cette dis¬ 
 tribution impolitique et peu sage de tous les pouvoirs du 
 gouvernement, afin qu’etant tres-justement condamnes par 
 votre Majeste, il vous plaise ordonner a vos Ministres de 
 donner des instructions au Gouvernement Colonial k ce sujet, 
 de maniere a autoriser la passation d’Actes par le Parlement 
 Provincial, qui tendraient a corriger ces abus. 
 
 “ L’accroissement rapide de la population depuis la 
 . premiere demarcation des comtes, rendant necessaire un 
 
 changement correspondant dans la representation provinciale, 
 notre Parlement jugea prudent, comme mesure preliminaire, 
 de constater Petat actuel de la population, par un recense- 
 ment qui devait servir de base aux changemens a faire dans 
 la representation. La Chambre d'Assemblee passa ensuite 
 a plusieurs reprises un Bill pour augmenter le nombre des 
 comtes et des represen tan ts. Ces Bills ont egalement eehoue 
 dans les autres branches de la Legislature. 
 
 « II est encore un objet qui interesse vivement le peuple 
 de cette province; c’est la nomination d’un agent provincial 
 accredite, aupres du Gouvernement de votre Majeste, qui 
 pourrait faire parvenir aux pieds du trone Texpression de 
 nos besoins, fournir aux Ministres de votre Majeste des 
 renseignemens utiles, et veiller k nos interets particulars. 
 Cette province a deja plus d’une fois eprouve le besoin d’un 
 semblable agent: ses representants n’ont pas encore pu reussir 
 a obtenir passation d’un Acte a cet effet. Les accusations 
 mal fondees portees par le Gouverneur-en- Chef contre la 
 Chambre d’Assemblee, dans son discours de prorogation du 
 dernier Parlement, auxquelles la Chambre n’a pas encore eu 
 occasion de rcpondre, demontrcnt la necessite d’un agent; 
 
 ff 
 
 r ^ 
 

 LOWER CANADA PETITIONS. 107 
 
 lc Gouverneur qui accuse la Chambre ne pouvant guere 
 etre le canal de communication dont les accuses puissent se 
 servir avec confiance pour defendre leur cause. Nous sup- 
 plions humblement votre Majeste, de vouloir bien ordonner 
 a vos Ministres de donner des instructions au Gouvernement 
 Colonial, en vertu desquelles un Bill pour Taugmentation 
 de la representation puisse etre sanctionne, ainsi qu’un Bill 
 pour accorder a cette province Tavantage dont jouissent la 
 plupart des autre colonies de votre Majeste, celui d’avoir un 
 agent colonial, nomme et depute par le peuple de la colonie, 
 pour veiller a ses interets en Angleterre. 
 
 “ Le tout tres-humblement soumis a la bienveillance et 
 & la sagesse de votre Majeste, par les fideles et loyaux sujets 
 de votre Majeste dans le Bas-Canada, les Petitionnaires sous- 
 signes qui comme il est de leur devoir ne cesseront de prier. 
 
 “ Bas-Canada , Janvier 1828.” 
 
 “ Recapitulation of Signatures to February 6 th 9 1828:— 
 
 “ County of Montreal - -- -- -.7,753 
 
 - K *nt.2,163 
 
 - Huntingdon.5,327 
 
 - Leinster.6,192 
 
 - Surrey.3,080 
 
 - Bedford.1,342 
 
 - York.4,199 
 
 - Richelieu. ------8,175 
 
 - Effingham.2,654 
 
 “ Total district of Montreal. 40,885 
 
 “ Total district of Three Rivers - - - - 10,665 
 
 51,550 
 
 “ District of Quebec - - -.. _ _ _ 29,328 
 
 “ Total to both Petitions ------ 80,878 
 
 “ Fonvarded since , to Mth February , 1828:— 
 
 District of Montreal and Three Rivers, and district of Quebec 6,212 
 
 “ Grand Total 
 
 87,090” 
 
108 
 
 LOWER CANADA PETITIONS. 
 
 “ Chairmen of the several County Committees , who have 
 certified the appointment of the agents to the petitioners; 
 viz .—Messrs. Neilson, Viger, Cuvillier, Members of 
 the Assembly of Lower Canada. 
 
 Fran. Desrivieres - 
 
 Fran. Ant. La Hocque 
 Rene de la Bruere 
 Lnt. Le Roux 
 Pierre Amiot 
 Ciias. St. Ours 
 P. D. Debartzch 
 Hertel De Rouville 
 Francois Xavier Malhiot 
 Ignace Raizenne - - 
 
 Louis Roy Portelance 
 
 (j Chairman of the Petitioners 
 ^ in the County of Montreal. 
 Montreal. 
 
 County of Kent. 
 
 County of Leinster. 
 
 County of Surrey. 
 
 County of Richelieu. 
 
 County of Bedford. 
 
 County of Surrey. 
 
 County of York. 
 
 Montreal. 
 
 “ District of Montreal , February 1828.” 
 
 Lord Dalhousie has, since the presentation of these pe¬ 
 titions, been recalled; and is now on his way to India, for 
 the purpose of assuming a military command : a post far 
 more fitted to his character than a civil situation. 
 
 Under the present Governor, Sir James Kempt, affairs 
 have taken a more favourable turn ; and I will close this 
 shorth sketch of Canadian history, by stating the result of 
 the labours of the last session of the Provincial Parliament, 
 so far as we have been enabled yet to learn them. 
 
 Seventy-two Bills, of the greatest importance, have been 
 passed, having received the Governor’s assent. Among 
 these Bills are, first, one providing for the payment of the 
 arrears of the year 1826; and, secondly , another providing 
 for the expenses of the current year : this last having been 
 passed upon the same principle as that of the year 1825 ; 
 viz. the money is voted in chapters, as we have formerly 
 explained, upon condition that fifteen days after the next 
 meeting of the Legislature, accounts of the monies disbursed 
 
SIR JAMES KEMPT. 
 
 109 
 
 shall be rendered to the House. This is, undoubtedly, a 
 wise provision : but we cannot avoid expressing our surprise 
 at the fact, that the Legislative Council, composed of the 
 very same members during the whole time, should, in 1825, 
 indignantly reject this Bill; in 1826 assent to it; in 1827 
 reject it; and, in 1828, again accept it. This single state¬ 
 ment proves the influence of the Executive Council over the 
 Legislative. 
 
 Six other Bills also passed the House of Assembly and 
 the Council, but have been referred to His Majesty, for his 
 approbation. It is to be regretted that two important Bills, 
 connected with the administration of justice, failed in the 
 Lower House; one of which was introduced by Mr. Viger, 
 and entitled a Bill of Judicature; the other, introduced by 
 Mr. Vallieres de St. Real*, respecting the qualifications of 
 justices of the peace. 
 
 The House, during this session, has exhibited a great 
 degree of liberality in all its grants of money, having voted 
 J?.200,000 for general improvements. 
 
 His Excellency Sir James Kempt's Speech , in proroguing 
 the Provincial Parliament of Lower Canada , on the 14 th 
 of March , 1829. 
 
 “ Gentlemen of the Legislative Council , 
 
 “ Gentlemen of the House of Assembly , 
 
 “ After so long and so laborious a session, it affords me 
 great pleasure to be enabled to release you from any further 
 attendance in the Provincial Parliament, and to convey to 
 you my best thanks for the great diligence with which you 
 have discharged your legislative duties. 
 
 “ Your labours have been productive of a variety of 
 useful and important Acts, which you have presented to me 
 for His Majesty’s assent; and I notice, with peculiar satis- 
 
 Now judge for the district of Three Rivers. 
 
110 
 
 SIR JAMES KEMPT. 
 
 faction, the liberality of the appropriations for many objects 
 of great public interest, calculated to promote the general 
 welfare and prosperity of the province. It will be my 
 earnest endeavour to see that monies so liberally granted 
 
 are faithfully and judiciously applied to the several objects 
 
 they are intended to promote. 
 
 “ Gentlemen of the House of Assembly , 
 u I thank you, in His Majesty’s name, for the supplies 
 which you have granted in aid of the revenue, already un¬ 
 appropriated by law, for defraying the expenses of the civil 
 government, and the administration of justice. 
 
 66 Gentlemen of the Legislative Council , 
 
 “ Gentlemen of the House of Assembly, 
 
 “ Several measures of public importance have come under 
 your consideration, in the course of the present session, 
 which the pressure of other business, and the want of time, 
 have prevented your maturing; but I feel persuaded that 
 they will engage your early attention in the next meeting of 
 the Provincial Parliament. 
 
 “ I had entertained a hope, that the inhabitants of the 
 province would have been relieved from any inconvenience 
 to which they may be subjected, under the ordinances now 
 in force, by the passing of the Militia Bill; and I cannot 
 but express my regret that it has not taken place.” 
 
 It is to be hoped that the same good understanding will 
 continue to exist between the Governor and the people, and 
 that he will be able to remain equally independent of the 
 Executive Council, and act according to the dictates of 
 
 common sense and common honesty, rather than in compli¬ 
 
 ance with the interested views of that, hitherto, all-powerful 
 body. This, however, must of necessity be only a temporary 
 remedy: that which we shall hereafter propose will be of 
 a much more permanent nature; depending, not upon cir¬ 
 cumstances of the moment, nor upon individual character, 
 but grounded upon the principles of human nature, which 
 
 are the same eternally. 
 

 CHAPTER IV. 
 
 Of the Character , Manners , Customs , Industry , and 
 Religion of the Canadians—French Population — 
 o/ 1 the People — Agriculture —/ood— Clothing — Habita¬ 
 tions—Amusements of the People—Their Character . 
 
 Having given what I believe to be a correct, though, I 
 fear, somewhat general, account of the political affairs of 
 Lower Canada, I proceed to lay before the reader a descrip¬ 
 tion of the manners and customs of my countrymen. This 
 task I have not undertaken from any feelings of partiality 
 or vanity; nor, in fact, with an expectation of gaining the 
 good will of my reader by attempting to please him: the 
 subject indeed will, I suspect, hardly be found one of mere 
 amusement, the end in view being not so much to give a 
 lively picture of a state of society differing from our own 
 here in England, as to convey a correct conception of the 
 country and its inhabitants; and endeavouring, by that 
 means, to make the English public completely understand, 
 both the observations already advanced, and those which 
 I intend to hazard respecting the remedies for the evils 
 which so long have beset the government of the country. 
 On a matter wherein many have already exposed themselves 
 to criticism, it may be thought presumptuous in me to speak ; 
 and, indeed, I frankly own, that it is with great reluctance 
 that I have undertaken to do so: I know full well, that, to 
 describe either an individual or a people, without wounding 
 
u 
 
 112 CHARACTER OF THE CANADIANS. 
 
 some self-love, is utterly impossible: the necessity of the 
 thing, however, has induced me to brave this danger, and to 
 attempt to paint in his true colours the so often calumniated 
 and caricatured Jean Baptiste*; to show that the Canadians 
 are, although of French extraction, not French, nor even 
 Iroquois, nor Germans, nor English, nor Scotch, nor 
 Yankees, but that they are, assuredly, Canadians . 
 
 “ Qu’est-ce que les Canadiens ? LTiistoire dira, sans doute, 
 que ce sont des sujets Britanniques devoues et fideles, qui 
 dans un temps ou toutes les colonies voisines se separaient 
 de Tempire d**ou elles tiraient leur origine, sont seuls demeures 
 attaches a cet empire, quoiqu'ils nen fussent membres que 
 depuis quelques annees et par adoption ; que depuis ils ont 
 invariablement soutenu leur gouvernement, et qu’ils ont 
 montre le plus grand courage a le defendre. L'histoire 
 dira de plus que le plan constant des ennemis du pays, a 
 ete d’en reduire les habitants a la nullite politique la plus 
 complete, et de les faire passer pour des ignorantsf in- 
 capables d'avoir part aux affaires, et de tacher, par tous les 
 moyens possibles, de les aneantir. La mere patrie est-elle 
 coupable de ces attentats contre le plus paisible des peuples ? 
 II est aise de dire que non, parceque nous savons que tous les 
 plans, tous les projets dont on nous a menaces, ont prit leur 
 origine au milieu de nous; et que quand on est parvenu a 
 suspendre la justice de Tempire Britannique, ce n’a ete 
 qu'en le trompant, et en lui faisant voir notre avantage dans 
 
 * I have here, not having the dread of criticism before my eyes, hazarded 
 the use of a provincial epithet Jean Baptiste is used, with reference to the 
 Canadian people, as is John Bull with reference to the English. 
 
 f In visiting Scotland last summer, I met, on board one of the steam boats, 
 Captain Basil Hall, on his return from America. As he had visited Lower 
 Canada, I did not fail to ask his opinion of that country. " Oh!” said he, 
 “ it is a very fine country, but the people are very ignorant; I am positively 
 assured, that the greatest part of the representatives in the House of Assembly 
 cannot even sign their names.” Such is Captain Hall’s information respect¬ 
 ing Lower Canada; I only hope, for his own sake, that what he has just now 
 laid before the public, respecting the United States and other parts of North 
 America, is more substantially correct. 
 
MANNERS OF THE CANADIANS. 
 
 113 
 
 des projets destines a transporter nos droits et nos proprietes 
 aux auteurs niemes de ces projets* ” 
 
 The climate, the wild country which they have inhabited, 
 and, at first, their continual communications with the 
 aborigines, have had powerful effects upon the character and 
 habitudes of the great body of the Canadian people; and in 
 those portions of the country which are situated at a distance 
 from the cities, the manners of the inhabitants resemble 
 more particularly those of the children of nature who were 
 originally lords of the country: But in a country long 
 possessed by the French, it is not surprising that the usages 
 now in vogue should bear a strong similarity to those of 
 France; in the building of their houses, in the distribution 
 of the apartments, the same taste, the same elegance (if I 
 may use such expressions in such a matter) are observed, 
 as still are to be found in the various provinces of France, 
 in spite of the great changes effected by the revolution 
 The furniture, even, is almost precisely the same. During 
 my residence in Franee, I failed not to visit a large num¬ 
 ber of the peasants’ houses, and to investigate, somewhat 
 narrowly, into their various customs and peculiarities. The 
 resemblance between the interior of a peasant’s dwelling in 
 Normandy, and on the banks of the St. Lawrence, was, to a 
 practised eye, close and remarkable: with the exception of 
 the flooring, which in Canada is always of wood, in France 
 of bricks or flat stones, every thing is nearly precisely the 
 same; the chimney always in the centre of the building; 
 the partition between the kitchen and the large room in 
 which the inhabitants dwell, at each end of which are the 
 small sleeping apartments. “ Le lit principal, entourre de 
 serge verte qui est suspendue au plancher du haut de la 
 grande salle, par une targette en fer, le lienitier et petit 
 crucifix a la tete; la grande table a manger, la couchette 
 des enfans sur des roulettes en bois au-dessous du grand 
 lit, les differents coffres pour y deposer I’habillement du 
 
 * La Minerve, 23 Avril, ] 827. 
 
u 
 
 114 FRENCH POPULATION. 
 
 dimanche ; l’ornement des poutres, la longue pipe, le tulle 
 Francais ou fusil a long calibre, la come a poudre, lc sac a 
 plomb, etc. etc.,m’ont fait penser plus d’une fois a la resi¬ 
 dence de mon ami Jean Gilbeau de St. Joachim*. 
 
 The ordinary distinctions of rank, as known in the several 
 countries in Europe, exist not in Canada. We have not, 
 in the strict sense of the word, either a noblesse, or an 
 aristocracy of any kind, though many and important are 
 the distinctions which are really to be found among the 
 people. These divisions or classes, and the habits and 
 manners of each, it is the object of the present chapter to 
 explain. 
 
 The most important and marked distinction existing in 
 the country, is of French and English; meaning, by 
 French, all such as were originally, or have, by long dwelling 
 in the country or otherwise, become attached to the French 
 Canadian habits and language; meaning, by English, such 
 as are really English, or have, in spite of their continuance 
 in the country, retained a decided predilection for what they 
 believe to be English manners, language, tastes, &c. The 
 evil effects of this division among the people will immediately 
 be seen, when I come to explain the characteristics of the 
 English portion of the population. 
 
 The French population, included in the description I 
 have just given, have, by the lapse of years, changed greatly, 
 as regards the various divisions existing among them. The 
 early° settlers of these, then wild and desert regions, may 
 easily be conceived not to have been either wealthy, or nobly 
 born; indeed, we have positive evidence that they were of 
 what are usually termed the lowest—I should say, the most 
 unfortunate classes of society. The soldiers of the French 
 army were oftentimes rewarded by grants of lands in Canada; 
 the adventurous, idle, and desperate went out in search 
 of golden fortunes there; and to these, for the purpose of 
 
 * A parish thirty miles below Quebec, where the Quebec Seminary have a 
 fine establishment for the reception of their scholars, boarders, during six 
 weeks’ vacation in the summer. 
 
 
 V 
 
115 
 
 FRI’.NCH population. 
 
 providing them worthy partners, the government dispatched 
 a cargo of women. When, by the combined endeavours of 
 these various persons, the country became somewhat popu¬ 
 lous and thriving, various families connected with the 
 noblesse of France were induced to become settlers in these 
 new territories, by large grants of land, and the donatives of 
 various important privileges. Thus noble families were 
 mingled with the Canadian population. 
 
 So long as the country was under the dominion of France, 
 the noblesse formed the leading people of the country; they 
 constituted the fashionable society in Quebec, and imitated, 
 in the Chateau St. Louis*, as far as their means permitted, 
 the splendour and ceremony of the Court of Versailles. 
 When the country was taken by the English, the greater 
 part of the nobles departed : some, however, remained ; and 
 being well received by the English governors, and treated 
 with distinction on account of their rank, they still shone, 
 though with diminished splendour, amid the circles of 
 Quebec. The forms of the age of Louis XIV. were in 
 some degree preserved in this distant land, after they had 
 disappeared from the country which gave them birth; and, 
 under the fostering care of the government, protracted for a 
 short period the date of their existence. Causes, however, 
 were in operation, which eventually destroyed this lingering 
 influence of the nobility. 
 
 The English introduced among the population a spirit of 
 traffic; they taught them to appreciate the advantages of 
 individual wealth, and to feel that a man might be of im¬ 
 portance, even though not descended from a noble race, 
 file English traders spread themselves over the country, 
 bartered and trafficked with the inhabitants, introducing new 
 articles of luxury, and creating a demand for the various 
 productions of the country. The bourgeoisie, or ignoble 
 inhabitants of the towns, caught the spirit,—laboured, and 
 laboured successfully, to accumulate wealth for themselves; 
 
 * So the Chateau, or Governor s house, at Quebec, is called. 
 
116 
 
 
 I 
 
 f 
 
 
 
 FRENCH POPULATION. 
 
 and, being a frugal and a prudent race, they quickly found 
 themselves possessed of fortunes more than sufficient to enable 
 them to cope with the broken down noblesse around them. 
 They, therefore, immediately began to compete with this 
 fading generation, both in political and social life. 1 he 
 nobles themselves, preserving, in undiminished vigour, the 
 absurd and baneful feelings universally engendered where 
 aristocratic distinctions exist, looked with disdain upon the 
 occupation of a merchant. To obtain their own livelihood, 
 they considered a degradation : To live upon the labour of 
 others, they deemed an honourable prerogative. In the 
 present state of affairs, however, they possessed no power 
 to wring from other men the means of splendour or subsis¬ 
 tence ; being idle, they consequently became wretchedly poor. 
 
 The old noblesse, unfortunately for themselves, neglected 
 the education of their children ; France was no longer before 
 them as a model to be imitated, or a seminary for instruction. 
 Their children could not well be sent to England, inasmuch 
 as there no connections existed to forward them in life ; and, 
 moreover, the manners of that country bore little resemblance 
 to their own. To the Canadian seminaries of instruction 
 they paid little attention, supposing them incapable of con¬ 
 veying that species of knowledge which they desired; and 
 they unwisely neglected to render them efficient. T. he 
 children of these noble families were consequently brought 
 up in idleness and ignorance. 
 
 The bourgeoisie, in the mean time, having themselves 
 acquired riches, sought out for the means of imparting 
 instruction to their children. Their own seminaries were 
 alone within their power; and, not being diverted by higher 
 aspirations, they contented themselves with improving that 
 which they possessed. The rising generation received a fair 
 and useful education, by the aid of the priesthood ; and were 
 thus enabled to surpass their noble competitors in knowledge*, 
 as their fathers had before surpassed them in wealth. 
 
 * I shall hereafter speak of the education of the Canadians, and of the 
 labours of the priesthood in that useful vocation. 
 
 
FRENCH POPULATION. 
 
 117 
 
 The effects of this combination of circumstances became 
 strikingly evident, the moment that political struggles had 
 to be maintained. When the people thought it of im¬ 
 portance to have efficient members in their House of Repre¬ 
 sentatives, the men of action and education, viz. the bour¬ 
 geoisie, were immediately selected ; and the nobles passed 
 from the stage at once, and for ever. Their titles are no 
 longer known; and the whole people may now be considered 
 as on one rank or level, in as far as regards titular dis¬ 
 tinctions. The descendants of the nobility are to be found 
 confounded with the poorer classes of the inhabitants; and, 
 their former ideas of grandeur having long since departed, 
 they oftentimes may be seen serving in their little shops in 
 the country, and gaining an honest livelihood in this humble 
 avocation. 
 
 The spirit which took possession of the inhabitants of 
 the towns soon spread into the most distant parts of the 
 country. Different individuals, as they acquired wealth by 
 commerce, purchased large landed property, and introduced 
 among their countrymen ideas of greater luxury and enjoy¬ 
 ment than they had originally entertained. The chief 
 commerce, moreover, carried on by the Canadian people, was 
 the commerce of the interior (that with England being 
 chiefly in the hands of British people); they thus formed a 
 link of immediate communication with the various portions of 
 the country. The English merchants and others introduced 
 new habits and new ideas from Europe ; these were quickly 
 acquired by that part of the Canadian population inhabiting 
 the towns, and, trafficking with the English, were again 
 transmitted, through this medium, to the country people. 
 Added to this, was another powerful cause of the increased 
 enlightenment of the whole country : the government, by 
 calling the people politically into action, gave individuals an 
 interest in persuading the people of the various districts of 
 the truth or falsehood of certain propositions, respecting the 
 different topics of political importance; this induced dis- 
 
 i 
 
118 
 
 FRENCH POPULATION. 
 
 cussion, and discussion knowledge; and thus the general 
 intelligence of the population was considerably advanced. 
 Still, as must necessarily be the case where different degrees 
 of wealth exist, different degrees of intelligence are to be 
 found in the various classes of the people, though not to the 
 same extent as in European countries. 
 
 By the laws of the country, the tenure of the land is of 
 that sort termed cn fief or seigneurie; that is, a lord, or 
 seigneur , possesses a right to certain returns over a specific 
 portion of territory, each portion, thus possessed, being 
 termed a seigneurie . The returns consist, partly in personal 
 service, partly in certain taxes upon production and inter¬ 
 change at the hands of the vassal; on the other side, the 
 lord, or seigneur , is bound to perform certain acts for the 
 convenience of his vassal*: he must build mills, make 
 roads, &c. The returns, on the part of the vassal, are usually 
 moderate; and thus, at present, no very great distinction 
 exists between the class of seigneurs , and that of vassals. 
 Still, however, this is a distinction, destined in process of time 
 to become more marked and important. Already there is a 
 partial political influence exercised by the seigneurs —ex¬ 
 ercised it yet has indeed been entirely for the interests of the 
 whole people: the time may come when they will prove a 
 landed aristocracy, exercising an overbearing and pernicious 
 influence over the fortunes of their countrymen. In the 
 present stage of society, nevertheless, all the highest degree 
 of intelligence possessed by the people is to be found either 
 among this class, or those sprung from the mercantile com¬ 
 munity, who, in fact, from their wealth, have been enabled, 
 by purchase, to form the chief part of the seigneurs of the 
 country. This division of the people into seigneurs, and not 
 seigneurs, is, as far as regards future consequences, by far the 
 
 * This, for another purpose, will be more fully explained hereafter. I am 
 now considering the matter merely with reference to the divisions of the 
 people. 
 
STATE OF THE PEOPLE. 
 
 119 
 
 most important division now existing among them. That 
 division, however, which at present is most marked, is. that 
 of the people of the towns, and the people of the country; 
 which last have a distinctive name, and are now universally 
 termed, par excellence , les habitants. The manners of 
 these two classes, though in the main and essential par¬ 
 ticulars greatly similar, still exhibit many and striking 
 differences. The people of the towns, from their constant 
 communications with the English and Americans, have lost 
 many of the peculiarities still retained by the more simple 
 people of the country : wealth has introduced into the cities 
 European refinements and luxuries which, to our forefathers, 
 were completely unknown; so that, if we are desirous of 
 obtaining a true picture of Canadian manners and cus¬ 
 toms, we must penetrate into the country, and mingle with 
 the artless and unsophisticated inhabitants still to be found 
 there. 
 
 Of the various circumstances connected with the habits 
 and manners of a people, the most important are, jirst , 
 the degree of difficulty experienced by them in obtaining 
 the means of subsistence; secondly , the proportions in 
 which these means of subsistence are spread over the whole 
 mass of the population; and, thirdly , the quantum of 
 the means of comfort which the people at large deem requi¬ 
 site to their happiness. Where the obtaining of subsistence 
 is not a matter of overwhelming or exceeding difficulty,— 
 where the wealth of the country is spread in nearly even 
 portions over the whole of the inhabitants, and where the 
 standard of enjoyment is a high one, happiness must of 
 necessity be the lot of that people. Such is the situation of 
 my countrymen ; and, from the experience which my travels 
 in various parts of the globe have given me, I well know 
 that their comfort and happiness, excepting, perhaps, in the 
 United States of America, can find no equal; and that the 
 unfortunate peasant of Europe, apparently degraded in mind 
 and worn out in body, exhibits a picture of wretchedness, 
 which, to the poorest habitant on the banks of the St. 
 
120 
 
 STATE OF THE PEOPLE. 
 
 Lawrence, would appear almost utterly inconceivable, and 
 upon which his imagination could not dwell without surprise 
 and disgust*. 
 
 The people, with hardly an exception, are proprietors of 
 land, and live by the produce of their own labour from their 
 own property. By the law of the country, the property is 
 equally divided among all the children, and from the small 
 quantity of capital yet accumulated in individual hands, the 
 divisions of land have become somewhat minute. Among 
 the people of the United States there exists a roving disposi¬ 
 tion, that leads them, in multitudes, to make new settlements 
 in the wild lands, and thus rapidly to spread civilization 
 over the immense unreclaimed territories which they possess. 
 This feeling exists not in Canada: the inhabitants, gene¬ 
 rally, are far from adventurous; they cling with pertinacity 
 to the spot which gave them birth, and cultivate, with con¬ 
 tentedness, the little piece of land which, in the division of 
 the family property, has fallen to their share. One great 
 reason for this sedentary disposition is their peculiar situation 
 as regards religion. In Canada, as in all catholic countries, 
 many of the people’s enjoyments are connected with their re¬ 
 ligious ceremonies; the Sunday is to them their day of gaiety ; 
 there is then an assemblage of friends and relations; the 
 parish church collects together all whom they know, with 
 whom they have relations of business or pleasure; the 
 
 * The settlers from Great Britain and Ireland, however, are fast teaching 
 the Canadian people the degree of misery existing in other lands ; the squalid 
 appearance, the filth, and destitution of the shoals of miserable beings 
 annually imported from the mother country, are beginning to be familiar in 
 Canada. The constant exhibition of the disgusting spectacle has put the 
 existence of this misery in other places out of doubt, though, thanks to our 
 good fortune, it is still, and I hope will long be, unexperienced by my 
 countrymen. A very ingenious, though somewhat wicked appellation, has 
 been given by the Canadians to the poorest part of the emigrants ; they call 
 them Bas de Sole , from their not having, or never choosing to wear, any 
 stockings. It is quite usual to hear: Tiens, voilb tine cargatson de Bas dc Soie 
 rjui arrive , when a great number of emigrants are seen on board of a ship 
 coming into port 
 
STATE OF THE PEOPLE. 
 
 121 
 
 young and old, men and women, clad in their best garments, 
 riding their best horses, driving in their gayest caliches , meet 
 there for purposes of business, love, and pleasure. The 
 young habitant , decked out in his most splendid finery, makes 
 his court to the maiden whom he has singled out as the 
 object of his affections ; the maiden, exhibiting in her adorn¬ 
 ment every colour of the rainbow, there hopes to meet son 
 chevalier: the bold rider descants upon, and gives evidence of, 
 the merits of his unrivalled pacer* ; and in winter the powers 
 of the various horses are tried in sleigh or cariole racing ; in 
 short, Sunday is the grand fete, it forms the most pleasurable 
 part of the habitant's life ; rob them of their Sunday, you rob 
 them of what, in their eyes, renders life most worthy of pos¬ 
 session. Moreover, the people are a pious people, and set 
 an extraordinary value upon the rites of their religion. 
 Take them where they may be unable to participate in these 
 observances, and you render them fearful and unhappy. 
 The consequence of all these circumstances is, that the 
 Canadian will never go out singly to settle in a wild terri¬ 
 tory ; neither will he go where his own religious brethren are 
 not. 
 
 A wise Government, under such circumstances, if they 
 were desirous of having the country cleared and settled, 
 would have been careful to provide means by which a 
 church might have been within his reach, where a catholic 
 congregation might have been immediately formed ; lands 
 would have been appropriated to his church, and a means of 
 subsistence found for his pastor. Our Government has 
 done no such thing; the English established church is 
 alone provided for; its territories may be seen marked out 
 in every map; it has, in contemplation, appropriated one- 
 tenth of the whole land of the country; but that form of 
 worship which would alone induce the Canadian popula¬ 
 tion to emigrate is passed over and forgotten ; the conse¬ 
 quence has been, that few or no new settlements have been 
 
 The Canadians arc peculiarly fond of ambling or pacing horses. 
 
122 AGRICULTURE. 
 
 made by the French Canadians: the population, neverthe¬ 
 less, has gone on increasing; and, as no employment of 
 capital is so productive as agriculture, the people, of necessity, 
 have subdivided the lands already cleared. This subdivi¬ 
 sion has, hitherto, had no pernicious consequences, as regards 
 the enjoyments of the inhabitants, they having as much 
 land as their capital permits them to cultivate; and thus, for 
 the most part, inferior soils have not been brought into high 
 cultivation; the time, however, must come, if the popula¬ 
 tion go on increasing, when, provided emigration does not 
 take place, the means of subsistence will be obtained with 
 great difficulty, and the situation of the people must gra¬ 
 dually deteriorate. It is to be hoped that the Government 
 will endeavour to keep off this evil day, by so regulating 
 the distribution of the church lands, that the catholic settlers 
 may have their religious wants easily satisfied. 
 
 The soils now in cultivation are, for the most part, highly 
 fertile; and the Canadian farmer, with a few months 1 labour, 
 and little skill, obtains all he finds necessary to his enjoy¬ 
 ments. The winter breaks up about the 1st of May ; the 
 harvest is finished usually by the middle of October ; and 
 the ground is again, by the frost, rendered impenetrable by 
 the beginning or middle of November. The winter thus 
 extends from November to May, during which time, few 
 agricultural employments can possibly continue^ the snow 
 usually covering the ground during the whole period. The 
 farmer in the winter threshes his corn ; if he is careful, cuts 
 and carries his year’s fire-wood, and his fences*. The 
 females of his family, during the same period, card and spin 
 their wool, weave their cloth, knit their stockings, and make 
 the mocasins, or shoes, for themselves, their husbands, and 
 children : little labour, nevertheless, is carried on during 
 the winter; the most part of the time being spent in the 
 amusements of the country, which we shall hereafter describe. 
 
 * The fences are almost universally made of split wood, arranged in 
 various methods; dry stone walls are, nevertheless, sometimes to be found. 
 
AGRICULTURE. 
 
 123 
 
 When the spring comes, there is a general rush of business : 
 a few days, nay, often a few hours, changes the whole face 
 of the country. The river, which was a white and even 
 sheet of ice, covered with snow, suddenly breaks up, and 
 assumes life and motion; the snow, under which the whole 
 earth lay buried, disappears as if by magic ; the tepid airs 
 of summer succeed at once to the biting gales of their 
 almost polar winter; vegetation bursts abroad; the summer 
 birds at once make their appearance; and the country is 
 suddenly transformed from a polar to almost a tropical 
 scene. 
 
 To the farmer of England, accustomed to the garden-like 
 cultivation of his native country, Canadian farming appears 
 slovenly and unskilful; but this species of rough agriculture 
 is founded, in some measure, upon correct principles. Up 
 to a certain point, an increased outlay of labour, on a given 
 portion of land, is repaid by a more than proportionate in¬ 
 crease of production: beyond that point, however, the increase 
 is proportionately less ; and, therefore, beyond that point it 
 ought not to be outlayed, unless from any circumstances 
 (such as an exceeding increase of population, for example) it 
 is requisite to go to inferior soils. European farmers are 
 apt to judge of agricultural profits by the number of bushels 
 derived from the acre; this, however, is an exceedingly 
 fallacious criterion : the correct method is, to estimate the 
 labour expended, and then estimate the produce of that 
 labour; and it will be found, as by experience I have 
 learned, and could have discovered by reasoning, that a 
 partial or less complete cultivation of a large number of 
 acres, returns a much greater produce to the same labour 
 than could be returned if the labour had been confined to a 
 small number of acres. In the latter case, the farm would 
 present a more thriving and striking appearance, and the 
 crops of the farmer would seem more abundant; his'labour, 
 however, would not be so well repaid. In Canada, the large 
 quantity of land, in proportion to the number* of the in¬ 
 habitants, renders it unnecessary for the people to have 
 
124 
 
 AGRICULTURE. 
 
 recourse, except in peculiar cases, to inferior soils; and in 
 no cases is it necessary in the same degree as in England. 
 The consequence then is, that the high cultivation which 
 in England we are compelled to pursue, is in Canada not 
 only unnecessary, but would actually prove injurious to the 
 farmer. While saying this, let it not be thought that I am 
 an enemy to agricultural improvements; to superior skill 
 in applying such portions of labour as are requisite to call 
 into action the first and most productive powers of the soil; 
 I am desirous merely of combating an erroneous principle, 
 and of pointing out the right criterion by which to judge of 
 relative agricultural excellence. That English neatness 
 should be further introduced into the habits of the Canadians 
 is highly desirable; and that a higher degree of cultivation 
 than at present exists should also be attempted, cannot be 
 denied. 
 
 The agricultural implements are, for the most part, rude 
 and ill-contrived; a good plough, or a good harrow, is a 
 thing hardly to be found; the scientific rotation of crops 
 is utterly unknown, and might be introduced, to the great 
 benefit of the country. Unfortunately, the English who 
 have endeavoured hitherto to instruct the people, have been, 
 for the most part, a narrow-minded race. Introduced into 
 a state of completely new circumstances, they have been 
 unable to adapt their knowledge so as to suit those circum¬ 
 stances : they farmed in their own country merely after a 
 habit or custom, and not according to a principle; to this 
 habit or custom, they inflexibly adhere, without reference 
 to the modifications rendered requisite by the difference of 
 climate and social state, and the consequence has hitherto 
 been an almost complete failure in all their endeavours. At 
 first they have been all English—it was their custom ; 
 finding this not to answer, they (after the established 
 manner of people of mere routine) have gone as far on the 
 other side, and become all Canadian. Had they modified 
 their former by their latter experience, using their own 
 greater skill in the application of the power they had at 
 
 / 
 
 - ^ 
 
AGRICULTURE. 
 
 125 
 
 command, but determining the quantity of the labour to be 
 employed, as well as the time of its application, by the 
 circumstances of the country, they might have conferred 
 immeasurable benefits upon the people. Let me take an 
 example. The English and Scotch methods of ploughing 
 are greatly superior to that of Canada; superior in this 
 way—with the same physical power, and in the same time, 
 a man, by the English method, will more completely turn 
 over a larger portion of soil. It is unnecessary for me to 
 point out how this is : the fact is indisputable. Now, were 
 the English farmers to retain their own method of ploughing, 
 with all its collateral adjuncts, but plough at the time and 
 to the extent best suited to Canada, without reference to 
 the English time and extent , they would of necessity have a 
 great advantage over the Canadian farmer. So with all that 
 portion of greater agricultural knowledge, dependent on 
 their superior knowledge of physics and chemistry. Let 
 them trace the observances or methods founded on such 
 science, back to the principles, or science itself; they will 
 then learn how those observances must be modified, on 
 account of the altered state of physical circumstances; they 
 will also learn liow they can be modified ; and may thus avoid 
 following blindly, and to their own cost, the routine to 
 which they have been accustomed; and may turn their 
 superior intelligence to their own and the country's ad¬ 
 vantage. 
 
 In spite, however, of the unfavourable state of mind I 
 have here mentioned, as existing among the greater portion 
 of the British settlers*, great improvements are daily taking 
 place; and Mr. Gray (who seems by no means free from 
 the prejudices of his class) says, “ I remarked some farms 
 on the Riviere Ouelle and du Slid , that would not dis- 
 
 * It may be well to mention that, of the settlers that come from the mother 
 country, and more particularly of those from Ireland, the greater portion are 
 in far greater ignorance of every thing than the inhabitants of Canada. The 
 class of persons spoken of in the text, as possessing superior intelligence, must 
 not be confounded with the common herd of settlers. 
 
126 AGRICULTURE. 
 
 grace Norfolk or Northumberland* ” And thus, to the fer¬ 
 tility of their soil they are gradually adding the skill of 
 Europe; and by this means rendering the business of ob¬ 
 taining the means of subsistence even more light and easy 
 than before. 
 
 The first occupation of the spring, or rather the end of 
 the winter, with the Canadian farmer, is, the making of his 
 sugar. The sap of the maple tree is possessed of a large 
 quantity of saccharine matter ; and when, by long boiling, 
 it is reduced into a solid form, yields a sugar by no means 
 unpalatable, even to an European taste. In the month of 
 April the sun acquires great power during the day, though 
 the nights are still excessively cold : the sap, which is kept 
 down during the cold night, suddenly mounts, when the 
 warm sun breaks out; an incision is then made in the tree, 
 and a species of spigot inserted, for the purpose of con¬ 
 ducting the sap, as it runs out, into troughs placed to receive 
 it. This sap, thus obtained, is then boiled until the water is 
 all evaporated, and nothing remains but the sugar: this 
 sugar is famous throughout North America, and forms one 
 of the peculiarities of the various countries included under 
 that name. In an economical point of view', it is exceed¬ 
 ingly doubtful, whether the people be wise in taking the 
 trouble to procure it; the same labour might, I think, in 
 the greater number of cases, be more profitably employed ; 
 and the means of purchasing West India sugar more easily 
 obtained than can this famous maple sugar itself. The 
 people of the country are passionately fond of it, however, 
 and look upon it with the same sort of national feeling, as 
 an Englishman does his beer, a Scotchman his scones, or a 
 Mexican his pulque. 
 
 The remaining operations of the farmer are nearly the same 
 as in England; inasmuch as, with the exception of maize, or 
 Indian corn, the produce of the country is the same. The 
 chief peculiarity of the situation of the Canadian is, that what 
 
 * Letters on Canada. 
 
FOOD. 
 
 127 
 
 he grows is rather for his own consumption than for the 
 purposes of sale. Hitherto, for example, he has grown flax, 
 for the purpose of making the greater portion of his linen ; his 
 corn is for himself; his cattle are fatted to be, for the most 
 part, eaten in his own family; in short, he nearly produces, 
 at one time perhaps entirely produced, whatever he consumed. 
 The introduction of English luxuries, however, has, in some 
 degree, altered this ; tea, English broad cloths and calicoes, 
 cutlery, &c., now form part of the Canadian’s necessaries; 
 though the degree in which he is dependent solely on him¬ 
 self is far greater than that of an English farmer. In his 
 own household are made the soap and candles he consumes; 
 his shoes, or mocasins, are chiefly of his own or his wife’s 
 manufacture; so also with the greater portion of his clothing. 
 This peculiarity, by multiplying the variety of his employ¬ 
 ments, serves in some measure to increase his sagacity ; 
 though the benefit is more than overbalanced by the loss of 
 time necessarily attendant on this want of division of labour. 
 Upon the whole, however, it may be safely asserted, that the 
 means of subsistence are, by the Canadian, easily obtained ; 
 his labour extends but through a part of the year; and, 
 during that period, it is neither painful nor excessive. 
 
 The comforts of the people, if compared with any other 
 nation, are wonderfully great; their food, from their French 
 habits, consists, not of animal food to the same extent as that 
 of the richer English, but is, nevertheless, nourishing and 
 abundant. No griping penury here stints the meal of the 
 labourer ; no wan and haggard countenances bear testimony 
 to the want and wretchedness of the people. I may say, 
 I believe, without exaggeration, that, throughout the whole 
 Canadian population, no instance can be found of a family 
 unprovided with the complete and comfortable means of 
 subsistence; the food, indeed, is oftentimes coarse, but 
 always wholesome. From the length of the winter, it is found 
 necessary to kill in the autumn such stock as is intended for 
 the winter’s food ; a great portion is immediately salted,— 
 some part is frozen ; and thus, though during the early part 
 
128 
 
 
 FOOD. 
 
 of the winter and the latter part of the summer, the popu¬ 
 lation live on fresh food ; still, for a great portion of the 
 year, their chief animal food is salted. With a little care, 
 however, this might in a great measure be obviated. 
 
 The other portions of the food of the people might, with 
 little trouble, be greatly improved; cheese is almost unknown, 
 though finer milk could not possibly be found; the butter, with 
 the exception of that of Kamouraska, is generally indifferent; 
 and the bread is far from being perfect. The absence of 
 cheese, and the general indifference of the butter, arise chiefly 
 from a want of knowledge ; the badness of the bread is, by a 
 number of persons, attributed to the bad state of the mills, and 
 that for want of competition. In my opinion it is not correct, 
 for I believe that our mills, generally speaking, are in excel¬ 
 lent condition; and every one knows that, by the law of the 
 country, the habitant has the power to oblige the seigneur to 
 keep his mill in the best possible condition; and if he, the 
 seigneur , neglects to do so, the habitant is then at full 
 liberty to go to the neighbouring mills, which circumstance 
 establishes at once the competition necessarily required. It 
 is a remarkable fact, however, that while the American (that 
 is United States) flour is fine and white, that of Canada is 
 rather coarse and dark, although, it is asserted, more nou¬ 
 rishing. Some persons, as I said before, attribute this to the 
 absence of competition in the business of grinding their corn ; 
 but when I tell them, that the American wheat, ground in 
 our mills, makes as fine flour as when ground in American 
 mills, what will they say ? The seigneurs, it is true, appa¬ 
 rently possess a monopoly in this matter: the vassal is obliged to 
 have his corn ground at the mill of his seigneur; the seigneur 
 consequently (say some), is not particularly careful as to the 
 quality of the flour he produces: they must be aware, however, 
 that the vassal is alive to all his rights, as well as the seigneur, 
 and that the least neglect on the part of the seigneur would 
 be a sufficient pretext for him, the vassal, to leave his mill. 
 However this may be, it is to be wished, that all the means 
 of improving the staple of the people’s food should be devised. 
 
FOOD. 
 
 129 
 
 The priests could hardly find a more worthy and useful avo¬ 
 cation, than instructing their congregations in a more skilful 
 and wholesome method than that now practised, of fermenting, 
 or, as it is technically called, raising their bread*. Leaven 
 is now generally used for this purpose; and the consequence 
 is, that the bread, throughout the country, is universally sour. 
 A more wholesome mode might easily be devised, which, 
 while it required no more trouble and expense, would mate¬ 
 rially, and, in a most important degree, improve the comforts 
 of the people. 
 
 These apparently trifling particulars, when investigated, 
 will be found to have no mean influence on a people’s hap¬ 
 piness. Though these evil effects be not great in each par¬ 
 ticular case, yet they are constantly recurring ; and thus, by 
 their multitude, they more than compensate for their indi¬ 
 vidual insignificance. 
 
 Notwithstanding these circumstances (which I mention in 
 hopes of contributing to a reformation), the situation of the 
 Canadians, as regards their food, is one of great comparative 
 comfort. The gardens, which are almost entirely cultivated 
 by the women, supply, in pulse and vegetables, a large 
 portion of their aliment. Fish is easily procured, from the 
 numerous rivers, in an abundance and size which, to an 
 European sportsman, would appear so extravagant, that I 
 shall attempt no description thereof. 
 
 Spirits, unfortunately, form a large proportion of the 
 drink of the people; and here, again, the salutary instruc¬ 
 tions of a benevolent priesthood might be eminently useful. 
 I do not mean that the priest should indulge in constant 
 anathemas against rum, and whiskey, and gin: anathemas 
 frighten people, and diminish even the poor pleasure derived 
 
 • No country is better suited to the growing of hops than Canada; and the 
 most wholesome and best-flavoured leavening matter can be made with ease 
 from hops. Beer is made only in Quebec and Montreal; yeast, therefore, can¬ 
 not be obtained by the population generally, but could be made, nevertheless, 
 if hops were grown for the purpose. 
 
130 
 
 CLOTHING. 
 
 from debauchery; but they do not cure the evil. In a 
 climate of such intense heat and cold as that of Canada, 
 there is, of necessity, a constant craving for some stimulant 
 to be applied to the stomach : the stimulant within the reach 
 of the people is spirits ;—they therefore drink spirits. If 
 some other kind, less pernicious, were given to them, they 
 might, with a little persuasion, be made to adopt it; if 
 malt liquor, for example, were introduced, the whole popu¬ 
 lation might easily be induced to substitute it for spirits. 
 In a country where corn is so cheap and hops might so easily 
 be grown, beer might be made at an exceedingly low rate; 
 and its cheapness would quickly lead the inhabitants to use 
 it universally. More might be done, in a few years, to 
 improve the morality and happiness of a people, by specific 
 directions and advice of this description, than can be effected 
 in centuries by vague declamations against vice, or rhe¬ 
 torical laudations of virtue. To lead any people, we must 
 address ourselves intelligibly to their understandings; but 
 a rude people can only understand particular precepts— 
 precepts pointing out specific evils, and explaining the modes 
 of obtaining specific benefits. The benefits also must be 
 such as they can appreciate; they ought, for that reason, to 
 be immediate. Now, the evil effects of ardent spirits are 
 manifest to every man ; more particularly are they so to any 
 who has travelled in North America. The inhabitants know 
 all the mischiefs derived from their use, but still they feel the 
 necessity of a stimulant; and, however painful may be the 
 consequence, they must use the only one generally afforded 
 them: give them another, less powerful, but quite as 
 effective, they will perceive and understand the benefits to 
 be derived from it; and, understanding and agreeing with 
 their instructor, they will quickly follow his precepts. 
 
 While the Canadians are thus universally well supplied 
 with food, they are equally fortunate as to their clothing 
 and their habitations. Till lately, the chief clothing of the 
 population was wholly of their own manufacture; but the 
 
HABITATIONS. 131 
 
 cheapness of English goods lias, in some degree, induced 
 a partial use thereof. Canadian cloth is, however, still 
 almost universally used ; and the gray capot of the habitant 
 is the characteristic costume of the country. This capot is a 
 large coat reaching to the knee; and is bound round the 
 waist by a sash ; which sash is usually the gayest part of the 
 Canadian’s dress, exhibiting, usually, every possible bright 
 colour within the power of the dyer. This, with a straw 
 hat in summer, a bonnet rouge or a fur cap in winter, and a 
 pair of mocasins made out of sole leather, complete the dress 
 of the peasant. The women are clothed nearly after the 
 fashion of a French peasant; a cap, in place of a bonnet, 
 with a dark cloth or stuff petticoat, a jacket (mantelet) 
 sometimes of a different colour, and mocasins, the same as 
 those of the men, form their every-day dress. On the 
 Sunday, they are gaily attired, chiefly after the English 
 fashion, with only this difference: where the English wears 
 one, the Canadian girl wears half a dozen colours. Here, 
 as in the case of their food, no penury is manifest; an 
 exceeding neatness in their persons, and cleanliness, that 
 first requisite to comfort, mark the people to be above the 
 influence of want; and to be in that state of ease which 
 permits them to pay due attention to decency of external 
 appearance. 
 
 Of the habitations of the people I have already spoken. 
 It is impossible—perhaps it would also be unnecessary, to 
 give a minute description of the sort of houses which the 
 farming population generally inhabit; suffice it to say, that 
 they are generally constructed of wood; though, as the 
 farmer becomes rich, he almost invariably changes his wooden 
 for a stone house. For the number of the inhabitants, 
 they are usually large and commodious. In the summer, 
 from being low, they are generally uncomfortably warm; 
 and in winter, by the aid of a stove, they are rendered 
 completely uninhabitable by an European. The excessive 
 heat in which the Canadian lives, within doors, is sufficient 
 to kill any one, not from his infancy accustomed to that 
 
132 HABITATIONS. 
 
 temperature. Without doors, however, the habitant bears 
 with ease the piercing cold of the winter blasts,— 
 
 “ Breasts the keen air, and carols as he goes; ” 
 
 when any one, not a Canadian, would be compelled to take 
 every possible precaution against its painful influence; and 
 he passes, with impunity and without pain, from his house, 
 in which the temperature is above ninety degrees of Fahren¬ 
 heit, into the open air, oftentimes twenty-five or thirty 
 degrees below zero. 
 
 The houses are seldom of more than the ground floor; 
 they are constructed sometimes of planks, sometimes of solid 
 trees, and are universally white-washed. They are generally 
 surrounded by a scrambling sort of garden, in which there 
 are quantities of fruit, vegetables, and flowers ; but in which 
 the beautiful neatness of an English garden will be sought 
 for in vain. The fence is formed of coarse pieces of split 
 wood; the walks are but tracks traced of necessity, and 
 without much reference to order; and the whole, though 
 it yields abundance and comfort, yet adds little to the beauty 
 of the scene. It is almost entirely under the management 
 of the women, who using, in place of a spade, a species of 
 heavy hoe, called a pioche , may be seen labouring with 
 laudable industry during the parching days of summer, each 
 in the little plot of ground she designates her garden, careless 
 of the burning influence of the sun, and ignorant that, in 
 other countries, the toil she undergoes is deemed beyond 
 the reach of female strength. In the United States of 
 America, at least in the Northern and Eastern States, such 
 a sight is never seen : there the women take little or no part 
 in the out-door work of the farm ; and seldom appear abroad 
 without a sun bonnet, to shade their beauty from the scorch¬ 
 ing rays of the sun. 
 
 Although neatness, at least English neatness, is not to 
 be found in the habitations of the Canadian peasantry, 
 perfect cleanliness is every where apparent; and, added 
 to this comfortable quality, an unstinted sufficiency of the 
 
AMUSEMENTS OF THE PEOPLE. 
 
 133 
 
 various articles of furniture required for a comfortable 
 manage. Beds in abundance; linen, and all the requisite 
 culinary utensils: all that are really wanted are there. 
 Again, here, as in the circumstance of food, a high degree 
 of comfort and enjoyment exists; and though the means 
 may, to a delicate European, appear somewhat rude, the 
 grand end of happiness is completely obtained. 
 
 I mention the amusements of the people, not with any 
 intention of venturing to give a description of them, but 
 with a desire to point out the state of comparative comfort 
 which those amusements evince. 
 
 Few of these are peculiarly characteristic, except those of 
 the winter. I have already said that the winter is chiefly 
 spent in pleasure; and that the greater part of the 
 population, at that period, cease from serious labour. The 
 chief pleasures of the inhabitants consist at this time of 
 carioling and visiting each other. As the people live, for 
 the most part, each on his own farm, the distance between 
 neighbours becomes oftentimes too great for a pedestrian 
 to go over with comfort; the snow lying on the ground for 
 at least five months in the year, would also render walk¬ 
 ing unpleasant: a cariole, or light sleigh, is therefore 
 universally used. Church-going, visiting, purchasing, in 
 short every journey, whether of pleasure or business, is 
 performed in the cariole. Every farmer possesses one, 
 sometimes two or three; and the farm-horses, being exceed- 
 ingly active and light, draw his winter carriage. The 
 whole of this is evidence of great plenty and comfort:—the 
 horses must be fed for many months, at no small cost; and 
 might, if their masters desired, be profitably employed. 
 The cessation from labour also, during the greater part of 
 the period, is another proof of the easy circumstances of the 
 people : not only is there a cessation from labour, but a 
 constant round of parties, and dancing, of which the whole 
 people are passionately fond. At these parties, abundance 
 of good things is always manifest. The people assemble not 
 merely to see one another, but with a serious intention of 
 
134 
 
 AMUSEMENTS OF THE PEOPLE. 
 
 enjoying themselves; and to this enjoyment they wisely 
 deem eating to be an absolutely necessary adjunct. Healthy 
 and robust as they are, it may easily be presumed, that the 
 quantity of the viands is an essential particular. Their 
 eating, like their dancing, is no mock proceeding; they 
 dance with spirit, and they eat with vigour. Again, this 
 is evidence of plenty. 
 
 At their weddings the same custom is prevalent; a dance 
 and a feasting always succeed this happy event; and not 
 only one dance and one feasting, but, most probably, a 
 dozen. The whole bridal cortege in a long string of caleches 
 if in summer, of carioles in winter, passing from house to 
 house; and each night, for, perhaps, a fortnight, renewing, 
 with unabated vigour, both the eating and the dancing. 
 
 Thus passes the winter; and with the summer labour 
 returns. The out-door sports of the English have no paral¬ 
 lel in Canada; cricket, foot-ball, and the various gymnastic 
 sports, are there unknown; and the summer is almost 
 entirely passed in labour. There is one exception, however, 
 I am unwilling to pass over—this amusement has indeed 
 immediate reference to gain, as it consists in Jishing . The 
 methods practised in the various parts of the country being 
 somewhat peculiar, may, perhaps, be worth describing. In 
 the spring, the fish usually run up into the thousand small 
 creeks (in England they w'ould be called rivers), which fall 
 into the St.LawTence ; these being oftentimes shallow, permit 
 a man to w r ade across and along them ; one carries a bundle 
 of dry pine or cedar bark splinters lighted, and used as a 
 torch; another follows with a barbed spear, having a handle 
 eight or ten feet long, and, by aid of the torch-light, he 
 is enabled to see the fish as they lie along the bottom 
 of the stream; which fish he cautiously approaches, and 
 transfixes with his spear: when the w ater is too deep for 
 him to wade, a canoe is procured; a light iron grate is 
 placed in the bow, and filled with dry pitchy pine splinters, 
 which blaze vehemently, and cast a bright and ruddy glow 
 through the water, to many yards distance. The fish, as 
 
 
AMUSEMENTS OF THE PEOPLE. 
 
 135 
 
 before, are by this means discovered lying at the bottom of 
 the stream, and are caught in the same manner. Great 
 dexterity is often evinced in the management of the spear ; 
 and I have often seen fish of four or five feet in length 
 caught in this manner. In the calm evenings of summer, as 
 the night comes gradually on, canoe after canoe, with its 
 bright and waving light, may be seen putting silently from 
 shore, and gliding rapidly and noiselessly along the still and 
 glossy river; with one touch of the paddle the canoe is 
 impelled to the spot pointed out by the gesture of the spears- 
 man, who, waiting till the fish be within his range, darts his 
 weapon with admirable precision upon the devoted prey, 
 lifts it as quietly as possible into the canoe, and proceeds 
 onward in search of further sport. The water of the 
 St. Lawrence, clear beyond that of almost all the rivers I 
 have seen, is admirably fitted for this purpose; and will 
 allow a dexterous sportsman to seize his prey, if it be 
 tolerably large, even when the water is ten or twelve feet in 
 depth. There are few scenes in Canada more peculiar and 
 striking than this night fishing. Often have I stood upon 
 the banks of the broad and beautiful St. Lawrence, and con¬ 
 templated with rapture the almost fairy picture it afforded. 
 The still and mighty expanse of waters, spread out in glassy 
 calmness before me, with its edges fringed by a dark mass of 
 huge forests sweeping to the very brink of the river; and 
 the deep purple shade of night closing over all, have, together, 
 conjured up a scene that has held me for hours in contem¬ 
 plation. The song of the voyageur floating over the smooth 
 and silent water, and mellowed by distance, has, in my 
 imagination, equalled the long-lost strains of the Venetian 
 gondolier; the glancing multitudes of waving lights, be¬ 
 lying the homely purpose to which they were applied, have 
 seemed a nocturnal festival; and, by the aid of a little 
 romance in my own feelings, have not seldom cheated me 
 into half poetical musings. The “ garish eye of day,” 
 luckily, invariably dispelled the hallucination by robbing the 
 scene of its enchanting but temporary beauty. I would, 
 
J 
 
 136 CHARACTER OF THE PEOPLE. 
 
 however, recommend the traveller, in those distant regions, 
 to view the scene in a calm night of June; and, I doubt not, 
 but that in a short time he will discover himself more 
 romantic than he deemed. 
 
 From what I have already stated, it is almost needless for 
 me to say, that the situation of the people, such as I have 
 described it, is not merely the situation of a part but of the 
 whole. Wealth and comfort are not confined to a few 
 individuals, but the whole mass of the population have 
 almost an equal share in the good things of this world. 
 The di vision of property, by law, has, of itself, rendered 
 this almost necessary ; the ease with which the means of 
 subsistence are obtained, has also contributed to the same 
 desirable state. Whatever may be believed to be the cause, 
 the fact of the great approximation to equality in property 
 is indisputable*. 
 
 From the various circumstances I have mentioned, it will 
 not be difficult to form something like a correct conception 
 of the character of the people^. 
 
 Free from the pressure of want, and unexposed to the 
 temptations created by surrounding affluence, they are free 
 from the vices which poverty and temptation engender; 
 property is perfectly safe, both from petty pilfering and 
 open attacks. In the country, the doors of the houses are 
 never fastened, and all sorts of property are openly and 
 carelessly exposed. In the social relations, also, the same 
 circumstance of ease induces, to a great degree, honesty in 
 dealing. It is to be remarked, however, that, in a country 
 like England, where great transactions are daily carried on, 
 great faith is often absolutely required; this faith becomes 
 extended to less important dealings, and a general feeling 
 of honesty is introduced into the intercourse of the people. 
 This species of reliance upon faith and honesty, thus gene- 
 
 * “ Ce fat le partage egal des terres qui rendit Rome capable de sortir 
 d’abord dc son abaissement; et cela se sentit bien, quand elle fut corrompue.” 
 
 *—Montesquieu, Grandeur et Dtcadance des Romains. 
 
 f See Appendix, No. X. 
 
■hbhm 
 
 V 
 
 CHARACTER OF THE PEOPLE. 137 
 
 rated, is not prevalent among the inhabitants of Canada; 
 the circumstances which gave birth to it not having yet 
 arisen: on the other hand, they are completely free from 
 the vice of over-reaching in mercantile transactions, so 
 common among the people of the United States. In that 
 country, unfortunately, they have only just reached that 
 point of knowledge which tells them the necessity of care, 
 circumspection, and constant watchfulness, in all transactions. 
 They have learned, that, to save themselves from being over¬ 
 reached, such care and doubt are requisite; but they have 
 not learned that, not to over-reach others, when we are able, 
 is also a great (perhaps the greatest) assurance against being 
 over-reached ourselves; that general habits of honesty 
 among a people are better safeguards than the most wakeful 
 circumspection. The mercantile roguery of the Americans 
 has, luckily, not hitherto been introduced among the Ca¬ 
 nadian population : they feel doubtful when trusting others, 
 but they do not practise treachery when trusted. In as far 
 as regards their dealings among one another, they are de¬ 
 cidedly honest; but, from the circumstances in which they 
 have been placed, they have not hitherto become generous, 
 confiding, and disinterested. 
 
 In the kindlier affections, they, like all happy people, are 
 eminently conspicuous; though, from being less rich, they 
 are, perhaps, less remarkable in this particular than the 
 people of the United States. Except in those portions over¬ 
 run by the Irish and Scotch settlers, the traveller never 
 meets with a refusal to give him assistance; and, in all parts, 
 the distress of a neighbour is promptly, and, I may say, 
 generously relieved. No party feelings, no feelings of 
 religion, no religious or political watch-words or signs, here 
 break in upon the gentle tendencies of the people*. The 
 same intolerance of opposite sects is not to be found here as 
 in Europe; I have, myself, known the most perfect cor- 
 
 * I speak here only of the country people: it will be seen hereafter, that, in 
 the towns, such absence of had feelings cannot be made a matter of gratulation. 
 
138 
 
 CHARACTER OF THE PEOPLE. 
 
 diality to exist between the priest of the parish and his 
 jewish neighbour ; and have heard a sentimental deist openly 
 avow his unbelief before the same clergyman, discuss the 
 propriety of his opinion, and be on the most perfect terms 
 of intimacy and good feeling. This tolerance has hitherto 
 led to no evil results, the people being one of the most pious 
 and decorous to be found on the face of the globe; their 
 piety at the same time being free from austerity and bigotry, 
 and their decorum from hypocrisy. 
 
 A bold spirit of independence, moreover, reigns throughout 
 the conduct of the whole population ; happily, they are yet 
 undebased by the dominion of a rich oligarchy ; they live 
 not in fear of any man’s power or influence; upon them¬ 
 selves only—on their own industry, do they depend for sub¬ 
 sistence ; and thus they have not, hitherto, learned to make 
 distinctions between the welfare of the poor and the rich ; to 
 bow down with abject servility before the powerful, and in 
 their turn to exact a wretched prostration from those still 
 weaker than themselves: courteous in their manners, polite 
 in their address, they offend not by rude and rough fami¬ 
 liarity, or indifference to the comfort of others; neither do 
 they forget their own dignity, even though they be poor; 
 they cringe not, they fawn not, nor are they, like slaves, 
 cruel and oppressive; they preserve an even simplicity and 
 honest straightforwardness of manner; alike free from ser¬ 
 vility on the one hand and bluntness on the other. In this 
 circumstance again they differ widely from the people of the 
 United States. The Americans, from a desire to mark their 
 independence, their freedom from all the pernicious restraints 
 of European despotisms, too often forget the common cour¬ 
 tesies of life. To insult a man they sometimes consider an 
 effective method of informing him that they are free from 
 his control; just as by cheating him, they believe that they 
 save themselves from being over-reached. The Canadian, on 
 the contrary, while acting with independence, is polite; 
 while guarding himself from becoming a dupe, is honest. 
 
 It may be said, and perhaps with truth, that the Canadian 
 
CHARACTER OF THE PEOPLE. 
 
 139 
 
 population are, for the most part, superstitious; but this 
 is a failing common to all uneducated persons; and we can 
 hardly consider it a vice, unless it lead to cruel conduct to¬ 
 wards one another. We, however, have no ducking of poor 
 old women ; no desire to burn witches, &c.; superstition, 
 with us, merely multiplies the prayers of the fearful peasant, 
 and occasions a somewhat lavish use of holy water and 
 candles. It may, in England, be asked, how, in a catholic 
 country, wherein a perfect freedom is allowed to the catholic 
 priesthood to inculcate every doctrine which they are able 
 to inculcate, a complete subjection of the people has not taken 
 place, and a grovelling superstition and furious bigotry 
 introduced ? The answer is easy : the catholic religion is not 
 a state religion ; its priesthood are armed with no temporal 
 power; they use only the influence of the understanding; 
 are merely the advisers, not the rulers of their flocks. The 
 existence of many religions, moreover, all equally under the 
 protection of the law ; the multiplication of doctrines conse¬ 
 quent on this state of things, and the mutual watchfulness 
 over each other’s conduct also resulting from it; all intro¬ 
 duce a general toleration and mildness among the various 
 priesthoods of the various religions. The catholic religion 
 is, in Canada, no more the instrument of the people’s degra¬ 
 dation, than is thequaker religion in Pennsylvania: but change 
 the situation of each, erect them into state religions, and both 
 would be equally noxious. In the present situation of the 
 nation, however, the catholic priesthood of Canada exhibit 
 a spectacle that others would do well to imitate; they are 
 laborious in their duties ; frugal in their living; decorous in 
 their manners; possessed of much intelligence, and some 
 learning, they are gentle, modest, and benevolent. Of their 
 endeavours in the cause of education I shall speak hereafter; 
 here I only allude to their influence over the people’s welfare 
 in their immediate vocation; in which, I have no doubt, they 
 do as much good as any other priesthood. 
 
 I suppose, when speaking of the manners and morals of 
 the people, it is necesssary to say something on the subject 
 
140 CHARACTER OF THE TEOPLE. 
 
 of continence. In this respect, however, the Canadian popu¬ 
 lation, though perfectly free from any liability to imputation, 
 are yet deserving of no very great praise; the reason being, 
 they are unexposed to temptation. Happily for themselves 
 they have not yet arrived at that state, in which, for a poor 
 man to bring a family into the world is highly improper, and 
 ought to be considered as a crime. They marry young; 
 are subjected to no restraint; and can therefore exercise no 
 virtue. Let them be contented with their happy lot, and 
 envy not the fame derived from martyrdom in flames, which, 
 though they burn not, nor lacerate the outward form, yet 
 too fearfully torture the spirit, and inwardly consume and 
 weigh down the body. 
 
 Crimes of the more atrocious description are almost un¬ 
 known among us; murder, arson, as well as attacks gene¬ 
 rally on the person, are seldom heard of. The people are, 
 for the most part, of a mild disposition ; a broil or fight at 
 # their meetings of pleasure seldom occurs: and the more fierce 
 and deadly passions of our nature are never roused by the 
 pressure of famine. The habit of settling differences by 
 personal collision does not exist among them: the law affords 
 the only remedy which they willingly adopt; and they con¬ 
 sequently seem, and are, in fact, litigious*. The petty mis¬ 
 chiefs arising from this spirit, however, are more than compen¬ 
 sated by the absence of all those dreadful scenes which are 
 exhibited in countries where the law is a luxury only for the 
 rich; and where the poor man, if he wishes redress for an in¬ 
 jury or insult, must seek it by an attack upon the person of 
 
 * The Canadians, being principally of Norman origin, what William the 
 Conqueror said of the Normans may, perhaps, be applicable to them. 
 
 “ Foler et plaisier lors convient” 
 
 I Is aiment k faire des folies et & plaider. 
 
 But it appears to me that the modern description of the Norman character is 
 still more applicable to the Canadians :—“ II y a dans toute cette race Nor- 
 mande, un grand aplomb, une faculte de comprehension tr£s-6tendu, et ce qui 
 est fort remarquable, k la fois beaucoup de chaleur dans la discussion des 
 interets prives, et de calme dans celle des interets publics.” 
 
CHARACTER OF THE PEOPLE. 
 
 141 
 
 the offender. In France, since the revolution, the practice of 
 duelling seems to have spread through the whole population. 
 The military spirit generated by the w r ars attendant on that 
 mighty regeneration, however, w^as never breathed into the 
 French Canadians ; and the English practice of boxing has 
 not, hitherto, become a favourite diversion. The comparative 
 cheapness of law, moreover, gives an immediate outlet to the 
 angry passions: the slow and deadly revenge of the Indian 
 was therefore never adopted ; and thus, in spite of being de¬ 
 rived from the French, governed by the English, and living 
 with the Indians, the people are free from the private pug¬ 
 nacity of all of them : this, added to the absence of want, 
 accounts for the almost perfect absence of all the more dread¬ 
 ful crimes known in other lands. 
 
 When speaking of the education of the people, I shall have 
 to estimate the degree of knowledge possessed by them ; I 
 may here, nevertheless, allude to their intellectual character 
 generally. To those persons who know the English cha¬ 
 racter, who understand the spirit of fun which reigns 
 throughout the whole land, the sedateness, and almost mock 
 gravity of the American native must be a matter of surprise. 
 The American has not a particle of fun in his whole compo¬ 
 sition ; if he jokes, it is the saddest thing in nature; if he 
 attempts to be witty, it is by the aid of Joe Miller: he 
 labours in a vocation to which he is unaccustomed, and for 
 which he is by no means fitted. There is something of this 
 sort of discrepancy between the character of the French and 
 the Canadians*. A more good-humoured people than the 
 latter can hardly be found ; but the sparkling vivacity, the 
 vehemence of temper, the tiger-like passion, and brilliant 
 fiery wit of a Frenchman, are not to be found among them. 
 They are sedate, nay, almost grave; have their temper under 
 
 * I speak here merely of the people: the educated classes of all nations, of 
 necessity approximate to each other. There is a greater difference between 
 an English peasant and an English gentleman, than between the latter and an 
 educated Parisian. 
 
142 CHARACTER OF THE PEOPLE. 
 
 control; and still, without the gay vivacity of the French, 
 are free also from the fierceness of their passions. They are, 
 by this means, a happier people, though, perhaps, less 
 attractive. Though shrewd, perhaps I might say cunning, 
 they exhibit not the same quickness of intellect which the 
 French peasant is possessed of; they seize not with rapidity 
 a new idea; have little tact in the management of men to 
 their purposes, not perceiving the means of winning their 
 way by the aid of other men’s weaknesses, and moulding to 
 their will the peculiar character and temper of each. Few 
 nations possess this sort of power in the same extent as the 
 Irish, and in this point the Irish and French assimilate; 
 but the Canadian is as incapable in this particular as an 
 Englishman or a Scotchman. It would be a curious point 
 of investigation, to search aftej the circumstances which, in 
 the cases of both English and French colonists, have led to 
 these differences of character. 
 
 I shall here close my observations on the French popula¬ 
 tion, and take up the less pleasant part of my task, viz . the 
 description of that portion of the people I have spoken of 
 under the denomination of English. 
 
 Of such English as are scattered over the country, it is 
 unnecessary to speak, they being few in number and unim¬ 
 portant in their influence. That portion of Lower Canada 
 called the Townships, is settled indeed by persons of British 
 extraction, but hitherto these persons have taken little part 
 in the politics of the country, and have formed no specific 
 class which would require any description; their interests, 
 moreover, are identical with those of the French Canadians, 
 and when they are called into political existence, they will be 
 found, I have no doubt, much more stubborn and un- 
 tractable than the Canadians. In the towns, however, the 
 matter is widely different; there the persons who call them¬ 
 selves English form a distinct and powerful class; they 
 hold the chief offices of the state; possess what are there 
 considered large incomes; make, consequently, a great dis- 
 
CHARACTER OF THE PEOPLE. 
 
 143 
 
 play; and set the fashion, and give the reigning tone to society; 
 these are the people of whom I am now to speak: — 
 
 They consist of two divisions, civil and military; 
 the civil invariably directing the feelings and the conduct 
 of the whole. When the military first come among us, 
 they find certain persons high in office, to whom they 
 deem it wise to pay their court; these persons are either 
 members of the Executive Council, or some immediately 
 under their control or influence; these, then, have the lean¬ 
 ings and affections of the Executive Council. Whatever 
 these leanings and affections may be, they are immediately 
 assumed and caricatured by the officers of the army, who, 
 desiring to please the men in power, seek their favour 
 by treating with contempt, and sometimes with rude¬ 
 ness, all who have incurred their displeasure. It becomes 
 necessary for us, therefore, to learn the feelings of this 
 ruling class. 
 
 If the reader will call to recollection the political conduct 
 of the Executive Council, he will find little difficulty in 
 discovering the persons against whom their ill-feelings are 
 directed. The whole Canadian population constitute the 
 objects of their hatred, and that portion whom chance brings 
 into the towns are subjected to their special contempt and 
 ill-treatment. A perfect oligarchical spirit has thus taken 
 possession of the English inhabitants ; they unite and form 
 a separate society; deride and scoff at every thing without 
 their own mysterious circle; set at defiance every rule of 
 common courtesy with all not within its hallowed boundary; 
 serve, by their ill-timed insolence, to weaken the English 
 influence in the country; and will, finally, if they persist in 
 the same plan, for ever alienate the affections of the people. 
 To enable the reader to judge of their proceedings, it will be 
 requisite to look more minutely into the composition of this 
 exclusive circle. 
 
 It consisteth, for the most part, of dependents on aristo¬ 
 cratic families in England; these dependents are either 
 actually members of the families, or persons who have made 
 
144 CHAKACTF.lt OF THE PEOPLE. 
 
 themselves serviceable in some of the various methods which 
 society offers to that end. Unfortunately, I think I may 
 venture to say, it never has been a quality of the English 
 aristocracy to treat with becoming courtesy those classes of 
 society who are immediately under them in rank. To the 
 abjectly poor and insignificant they are condescendingly 
 kind; but to the rich and industrious citizen, who rivals 
 them in wealth and splendour, and power, and to all who 
 are of his class, though inferior, they are, as far as I have 
 been able to judge, insufferably supercilious. Some, al¬ 
 though very few, young scions of this stock are imported to 
 Canada, with the feelings of their race, fresh and unchecked 
 by worldly experience; they find there a class who are 
 political rivals—a class unadorned by rank or title—plain, 
 homely, industrious citizens; intelligent indeed, but un¬ 
 tutored in the ways of fashionable life, without the manners 
 or polish of English aristocratic society. Upon these men 
 they are studious to pour the vials of their supreme con¬ 
 tempt. Aping these gentle offshots of a gentle race, comes 
 the vulgar dependant—vulgar in spirit, in manners, and in 
 intellect; suddenly mounted into importance, blessed with 
 unexpected power, he longs for outward and flattering proof 
 of his new dignity: what proof so strong, so flattering, as 
 unpunished insolence to those around him ? But wise is he 
 in his generation. The higher powers he dares not to trench 
 upon; for the stripling of some aristocratic house he has a 
 species of ingrained veneration ; from the poor, the weak, and 
 the distressed, he shrinks, as from contamination ; upon 
 these, therefore, he visits the first exercise of his dignity, 
 His aristocratic co-partner in power is equally contemptuous, 
 perhaps equally heartless, equally alive to sinister interests; 
 but, nevertheless, he is somewhat less coarse and brutal in his 
 behaviour. He has, during some part of his life, associated 
 with gentlemen; a dash of courteousness will, at times, 
 pervade his behaviour; sometimes he will feel that respect 
 is due, even where wealth and power exist not; but, with 
 the low menial, raised suddenly to distinction, all is equally 
 
CHARACTER OF THE PEOPLE. 
 
 145 
 
 vile; he never, even by accident, betrays one generous 
 emotion ; constantly alive to his original insignificance, he 
 strives to banish the recollection, by continually calling to his 
 mind his present altered situation ; he finds no readier, no 
 more pleasing mode than by continual insult of others. 
 Though many individuals sit for this portrait, I cannot, for 
 reasons evident to every one, venture upon a specification : 
 they who know the society will, from experience, perceive 
 the truth of the picture; they who know it not may, by a 
 little reflection, learn that, of necessity, it must be correct. 
 Let them consider who are the persons dispatched to govern 
 in the various departments of our colonies—let them consider 
 the state of Canadian politics which I have described, and 
 which every one allows—and then let them ask themselves if 
 this social war is any other than a necessary consequence of 
 such an unfortunate assemblage of circumstances. 
 
 As this state of affairs continues, the spirit which I am 
 here depicting is hourly increasing; not only are the Cana¬ 
 dian population the objects of this contempt, but so also is 
 every one, even though English, if not immediately con¬ 
 nected with the powers that be. The members of the 
 Government, the officers of the army, and two or three 
 fortunate merchants, are now almost the only inhabitants of 
 this empyrean region. The feelings that originated in 
 political disputes are now supported and extended by mere 
 aristocratic jealousy; and as this regards not so much political 
 as social distinctions—distinctions in wealth, employment, 
 and connection—the system of exclusion is extended to the 
 honest and industrious English as well as French. If the 
 consequences of such divisions in society were merely sepa¬ 
 rations in their private relations, little serious mischief would 
 arise therefrom ; but the evil stops not here : the business 
 of Government is carried on in the same spirit; the most 
 insignificant Government official practises the same airs, 
 and is as insolent and overbearing as his superior. All the 
 transactions, therefore, which of necessity are carried be¬ 
 tween the Government and the different members of the 
 
 T. 
 
146 
 
 CHARACTER OF THE PEOPLE. 
 
 community at large, are a constant source of vexation ; the 
 people are offended; their representatives resent the ill- 
 treatment, and look with no spirit of goodwill upon those 
 entrusted with command. Jealousies, heart-burnings, and 
 vexatious contradictions result on all sides, and the two 
 classes of the city population bitterly hate and abuse each 
 other*. 
 
 • For the purpose of exhibiting a specimen of the conduct of certain 
 portions of the English society in Quebec, I will relate a few anecdotes; and 
 describe the serious consequences of one of them, as regarded the society 
 at large:— 
 
 A young Canadian surgeon, on his return from New York, where he had 
 taken his degree of M. D., had occasion to make application to one of the 
 government offices. He was received very cavalierly, as is nearly always the 
 custom; and, having remarked upon this conduct, he was grievously insulted. 
 The young gentleman, not perceiving in his own conduct any thing that 
 deserved such treatment, determined to take the only reparation in his power. 
 At a public auction, where a large number of persons were assembled, he 
 met the individual who had insulted him; without further ceremony, he admi¬ 
 nistered a sufficient dose of chastisement, with the assistance of a small cane 
 bought for that purpose. The person thus flogged was in a paroxysm of rage, 
 and attempted to defend himself: before he had time, however, the bystanders 
 interfered, and separated the combatants; and the scene terminated, as is 
 usual in such cases, by the spectators having a hearty laugh at the ex¬ 
 pense of the poor devil who received the chastisement. The affair made 
 considerable noise, and our young Esculapius expected a message from the 
 gentleman thus publicly whipped. No such result, however, was the conse¬ 
 quence ; and still the person who had been so unceremoniously assaulted 
 enjoyed the consideration of his society; every effort was taken to redouble 
 all the usual attentions, and every possible means adopted to mark that, in the 
 opinion of his class, his honour had received no injury; he continued, and i 
 still continues, I believe, to hold several important situations under Govern¬ 
 ment, being even created a Member of the Executive Council; and the young 
 surgeon received no injury but the loss of his cane, broken over the shoulders 
 of his honourable opponent He was, how r ever, exposed, in appearance, to the 
 contempt of the liaut ton ! 
 
 This is one side of the picture; now I beg the reader to contemplate 
 another. A respectable Canadian, a married man, having a family, was 
 insulted, without the slightest provocation, by a young ensign, who had 
 just reeled out of his mess-room, in a state of intoxication. This insult 
 raising the Canadian’s ire, subjected the officer to certain expressions, richly 
 deserved by his insolence. The next morning brought a challenge from the 
 hot-headed youth, which challenge the gentleman, after the advice of his 
 
CHARACTER OF THE PEOPLE. 
 
 147 
 
 The English society thus forming a public opinion of 
 their own, it may easily be supposed, that the sanction of 
 that public is not always directed against conduct which, 
 though highly immoral, affects not their own peculiar 
 
 friends, very properly refused. The consequence was, that all thefashionabU 
 persons looked upon him with an unfavourable eye, and would eventually 
 have considerably injured his reputation, even among his compatriots, had he 
 not called together a public assembly, where he explained the whole circum¬ 
 stances, and fully justified himself in the eyes of every one. It was well 
 known, besides, that, in former cases, he had conducted himself as a man of 
 courage and correct principle. With his compatriots, therefore, he was com¬ 
 pletely justified. In the opinion of the English society, however, matters 
 wore a different aspect; and, although the Governor, Sir John C. Sherbrooke, 
 was marked in his attentions to the Canadian gentleman who had been insulted, 
 a complete division took place. This disagreeable quarrel took place a little 
 before the meeting of the Quebec dancing assemblies, of which the Canadian had 
 been previously named (and, after his general call of the citizens, renamed) a 
 manager; the consequence was, that the assemblies were broken up, and the 
 English separated from the French society; and each lived, and I under¬ 
 stand are still living, so completely divided from the other, as almost to give 
 the appearance rather of two hostile nations, than of two portions of the same 
 people. 
 
 As a specimen of manners, I quote the following anecdote, from a private 
 journal lying before me:— 
 
 “ Ayant eu occasion de faire quelque application au Governeur-en-Chef, en 
 1826, par la voie de son secretaire militaire (military secretary ), et ayant cru que 
 je pouvais m’expliquer plus particulidrement avec le dit secretaire si je lui etais 
 introduit, je demandai k un de mes amis (un des premiers officiers civils, 
 dans la colonie) de vouloir bien avoir cette bonte, ce k quoi il consentit avec 
 sa politesse ordinaire; mais quelle fut ma surprise en paraissant devant ce 
 grand personnage (e’etait un homme de plus de six piedsde haut) d’etre re<;u, 
 comme on dit en Canada, * comme un chien dans un jeu de quille!’ Comme 
 il s’agissait simplement de faire parvenir certains papiers et documents k son 
 Excellence, la visite ne fut pas bien longue, lui donnant k entendre que je 
 n’Stais pas venu pour demander aucune faveur, ni pour me soumettre k sa 
 mercunale, mais seulement pour le prier de transmettre au Governeur, qui 
 efcut alors 4 Halifax, certains documents sur lesquels je desirais avoir sa 
 reponse. Il se chargea d une manure brusque et reluctante de mes papiers, et 
 prom it, malgre cela, de les lui faire parvenir. Je quittai l’office de ce nouveau 
 CerbSre, en remerciant mon ami pour le trouble qu’il s’etait donne, et qui ne 
 fut pas moins surpris que moi de la reception gracieuse que nous avions eu, 
 et je retournai k mon hotel, bien convaincu qu’une telle conduite de la part du 
 secretaire militaire, ou de tout autre officier public, devait affecter le caractere 
 et la popularity du Gouvemeur-en-Chef, dans bien des cas le prevenir contr* 
 
148 
 
 CHARACTER OF THE PEOPLE. 
 
 "V 
 
 interests. Want of courtesy is not looked upon as improper 
 when the object of insult is a Canadian ; and even in trans¬ 
 actions depending on the common principles of honesty, 
 their example and influence are pernicious in their effects. 
 To be in debt, and refuse to pay the money owed, is highly 
 fashionable. Men in the most respectable and lucrative 
 offices are deeply involved, and allow actions to be brought 
 against themselves without shame or scruple; and that too 
 for the most trifling sums, putting off the actions from 
 term to term by every possible evasion the law allows; and 
 never satisfying the creditor till judgment and execution 
 absolutely compels them. Men who have salaries of J?.1000, 
 or i?.1200 a year (which, in fact, is more than J?.2000 in 
 England), will laugh at, and amuse themselves with the idea 
 of having an execution in their houses for the paltry sum 
 of ten or twelve pounds ; and yet, should you doubt of their 
 respectability, it is high treason against the State. Amongst 
 a multitude of cases wdiich might be cited, I remember one 
 which sets off to great advantage the existing morality 
 respecting money transactions. Capt. A. and Mr. B., consi¬ 
 dered among the most fashionable and distinguished per¬ 
 sonages in Quebec, lived together, and were both deeply in 
 debt. When an execution came against Capt. A.’s goods, 
 Mr. B. was always ready to claim the property in the house 
 as his; and when an execution came against Mr. B., Capt. A. 
 was equally ready to lay claim to the same identical furni¬ 
 ture : and, yet during the whole of this dishonest proceeding, 
 they were received, and received with distinction , by every 
 great person in the town. Judges, the high functionaries of 
 
 les gens qui ne sont pas toujours d’humeur k se faire traiter de la sorte sans 
 quelque cause, et lui faire commettre de grandes injustices, ce qui fut claire- 
 ment d^montre par le resultat de mon application.” 
 
 Here we have the feelings of the individual expressed without much care; 
 as they rose in his mind, so they are put down; and the cause of his dis¬ 
 content is unequivocally stated to be the manner ol tliis public functionary. 
 This manner is not described; in fact it could not be so. The look, the tone, 
 the gesture of insult and contempt, cannot be expressed in words, although, in 
 fact, they are bitterly effective. 
 
CHARACTER OF THE PEOPLE. 
 
 149 
 
 the Church and of the Government associated with them, 
 expressing, and probably feeling, no scruples at so doing. 
 The following colloquy at length occurred, and the results 
 effectually put an end to this extraordinary proceeding. 
 
 Sheriff’s Officer. —Captain A., I have an execution 
 against you, and come for the purpose of levying upon it. 
 
 Capt. A. (calling up the stairs.) —I say, B., here is a 
 fellow come to seize my goods; just come down and tell 
 him these goods are not mine. 
 
 Mr. B. (having descended the stairs , and addressing the 
 Officer.) —Fellow, these goods are mine; and I order you 
 out of my house immediately. 
 
 Sheriff’s Officer. —Well then, Sir, if they are your 
 goods, I’ll just take them on account of an execution I have 
 against you.—The consequences may be imagined. 
 
 These things, though they assume a ludicrous appearance, 
 are, in reality, serious matters; they mark a state of feeling 
 in the highest degree injurious to the people, both as regards 
 their property and their morality. Habits are created amongst 
 the richer classes, by the force of example, destructive of 
 every virtuous principle. Idleness, carelessness respecting the 
 sanctity of engagements, contempt of honest and laborious 
 avocations, desire of show and of expense, and recklessness 
 as to the means of gratifying that desire; in short, all the 
 mass of evil which overgrown power and wealth have created 
 in England, are transplanted into our poor and hitherto fru¬ 
 gal community ; and we thus possess all the foul deformity 
 of the mischief, without those elegancies which here, in some 
 degree, prove a species of mitigation for it. 
 
 What, it may be asked, can be done to remedy the mis¬ 
 chief? Is it not inherent in every state of society, and by 
 no means confined to that corner of the earth called Canada ? 
 My answer is, that the evils I have stated are not inherent in 
 the nature of things, and that the remedy is easy. Whether 
 it be so, or not, however, is not here the question; my inten¬ 
 tion was, to describe the state of society; and that intention, 
 I hope, I have honestly carried into execution : what I saw r , 
 
150 
 
 CHARACTER OF THE PEOPLE. 
 
 I have described ; and the description I have given, few will 
 be found to contradict. Some may consider the facts stated, 
 not to be mischievous; and thus may deem, that no reforma¬ 
 tion is required : with these I have no concern. To those, 
 indeed, who believe that a divided people must be an un- 
 happy people; who consider that internal discord is a fruitful 
 source of misery and crime, the subject of the remedy must 
 be an interesting topic. The evil, I think, has been shown 
 to grow out of political causes; to arise from imperfections 
 in the frame of the government: That which remedies the 
 government, therefore, will affect these results. But the 
 alterations of the government which I intend to propose, will 
 be explained in a separate chapter. To this chapter I refer 
 the reader who feels an interest on the subject; merely ob¬ 
 serving, that one of the great benefits I hoped to be derived 
 from the proposed reform, is the important change that will 
 necessarily follow in the manners and frame of the whole 
 society. 
 
 rv 
 
CHAPTER V. 
 
 State of Education . 
 
 Education, among the people of Lower Canada, and 
 particularly in the country, having made but little progress, 
 as compared with that of the people of the United States, 
 the Roman Catholic clergy have been considered the cause of 
 this want of advance, and accused of a desire to keep the 
 people in ignorance, inasmuch as they hope thereby to main¬ 
 tain a command over their opinions and their conduct. No¬ 
 thing, however, can be more false, either as regards the cause 
 of the little progress of education among us, or as regards 
 the feelings of the priesthood ; it being indubitable, that had 
 it not been for the arduous endeavours of the Roman Catholic 
 clergy, the people would, of necessity, have been far more 
 ignorant than at present. To their active personal exertions, 
 to the seminaries which they have built and superintended, 
 is owing whatever knowledge is spread among the various 
 ranks of Canadian society. 
 
 The Jesuits, careful to possess themselves of property in 
 every quarter of the globe, obtained considerable estates in 
 Lower Canada; (at the time of the conquest, their landed 
 domains consisted of about one million of acres;) and built 
 in Quebecan immense college, or seminary of instruction for 
 the Canadian youth. But as, in 1764, the Order was sup¬ 
 pressed, the seminary of Quebec, originally destined merely 
 
 J 
 
152 
 
 STATE OF EDUCATION. 
 
 to the education of the young priesthood in theology, was 
 directed by the clergy to the general education of the people, 
 who, by the extinction of the Jesuits, were utterly deprived 
 of all means of instruction. 
 
 By virtue of the conquest, and also of a cession made by 
 the King of France to the King of England, in the definitive 
 treaty concluded at Paris, the 20th of February, 1763, all the 
 property, movable and immovable, situated in Canada, and 
 belonging to the Order of the Jesuits, devolved to the crown 
 of England. It pleased the King, however, to permit the 
 surviving members of that Order, resident in Canada, to oc¬ 
 cupy certain portions of their former property, and to receive 
 certain rents and profits resulting from it, for the term of 
 their own lives. The last of this order, the Rev. Joseph 
 Cazot, priest, dying in the year 1800, the Sheriff of Quebec, 
 in virtue of a writ directed to him, seized, on the part of His 
 Majesty, all the property, &c., belonging to the deceased 
 Rev. Joseph Cazot, as the representative of the late Order of 
 the Jesuits; and since that period, the revenues, which, ac¬ 
 cording to Governor Milnes, amounted, in the year 1801, 
 without estimating the property situate in the cities of Que¬ 
 bec and Montreal, to the sum of J?1245. 5s. 4 d. per annum, 
 have been at the disposal of the Government. The reader 
 ought to recollect that these revenues were originally destined 
 to the purposes of education ; and that it has been proved, in- 
 contestibly, that the colleges and seminaries belonging to the 
 Jesuits in France, continued, after their suppression, to be 
 employed to the same end ; and the property belonging to 
 those colleges was also directed to the same important pur¬ 
 poses*. In Canada, however, and under the British govern¬ 
 ment, such has not been the destination of their property. 
 Their immense college, which, as an English writer f acknow¬ 
 ledges, 64 in its dimensions would bear a comparison with 
 
 * See Rapport du Comitt Special de la Chambre d' Assemblee du Bas- Canada, 
 nommt pour s’enqutrir dc Vttat actuel de VEducation dans la Province du Bas- 
 Canada. 1824'. 
 
 f Westminster Review, page 15, July 1827. 
 
 r\ 
 
STATE OF EDUCATION. 
 
 153 
 
 almost any edifice in England, dedicated to the purposes of 
 instruction,” has been turned into a barrack. And of their 
 revenues, which have doubtless been wisely employed, though 
 their particular destination has never yet been discovered, 
 not one farthing has been directed to the education of the 
 people. With this mode of proceeding the people, however, 
 were not well satisfied ; and, according to the Report quoted 
 above, a petition was presented to the King, in April 1793, 
 respecting the application of the Jesuits 1 property; and the 
 propriety of again employing it in the education of youth. 
 To this petition an answer was not returned till the year 1800. 
 
 On the 12th of March, 1800, a motion was made in the 
 House of Assembly, “ That the House do form itself into a 
 Committee, to take into consideration the means of inquiring 
 into the rights and pretensions of the Provinces over the 
 College of Quebec, and the property thereto belonging. 11 
 
 On the 15th of the same month, an address was voted to 
 His Excellency the Lieutenant-Governor of the province, 
 praying him to command the proper officers to transmit to 
 the House copies of certain titles and documents, and official 
 reports, relative to the property lately possessed in this pro¬ 
 vince, by the religious Order of Jesuits. 
 
 To this address the Governor returned the following 
 answer:— 
 
 “ Gentlemen, 
 
 “ I find it necessary to inform you, on the subject of the 
 present address, that all the proceedings in virtue of the 
 commission issued on the 29th of December, 1787, with all 
 the demands and pretensions touching the property possessed 
 by the late religious Order of Jesuits in this province, as 
 well as the humble address of the House of Assembly, of 
 the 11th of April, 1793, have been respectively transmitted 
 to the King. That His Most Gracious Majesty has been 
 pleased to submit all these proceedings to his Privy Council; 
 the result of whose determinations, and the order of His 
 Majesty thereupon, have been transmitted to this Govern- 
 
154 
 
 STATE OF EDUCATION. 
 
 merit in last April; and, in consequence of this order, com¬ 
 missions have been issued to take into possession the whole 
 of this property, on the part of the Crown. 
 
 “ If, after having reflected on these circumstances, the 
 House of Assembly thinks proper to persist in the search 
 which it has proposed to itself, I will assent to its demands, 
 by permitting to its members free access to all the papers 
 which have already been published; and, in this case, I will 
 give orders that all persons duly authorised by the Assembly, 
 may be admitted to take copies of all titles, documents, re¬ 
 ports, papers, and of all proceedings which have taken place 
 in consequence of the commission above mentioned, and 
 which were deposited in the registry of the Council, on or 
 before the 25th of August, 1790. 
 
 “ But, after the information I have just given, the House 
 will certainly believe it according to its duty to consider if it 
 can, compatibly with the respect it has invariably manifested 
 towards its Sovereign, renew any demands on this subject*.” 
 
 The House has certainly been wanting in respect on va¬ 
 rious occasions since that period, if renewing its demands 
 in the most submissive and respectful terms deserves so to 
 be considered. These applications have hitherto been with¬ 
 out success, though the House has always acknowledged the 
 right on the part of the crown, to take possession of the pro¬ 
 perty ; the only question being, whether it were in accordance 
 with the perfect wisdom and justice of the Imperial Govern¬ 
 ment, to divert the proceeds of that property from its original 
 purpose—a purpose, beyond all others, the most important 
 and pressing. 
 
 The reader has now before him a description of the con¬ 
 duct both of the Executive and the Roman Catholic clergy, 
 as regards the education of the people, up to this period: 
 the one party suppressed an immense and well-organized 
 institution, dedicated to the business of instruction, and 
 
 Report of the above-mentioned Committee, p. 29. 
 
155 
 
 STATE OF EDUCATION. 
 
 appropriated to itself the revenues set apart for the main¬ 
 tenance of that institution : the other party, seeing the people 
 thus deprived of the means of education, immediately stepped 
 forward ; converted their own seminary into an establishment 
 for general education; founded, and have maintained, in 
 spite of all opposition, many other seminaries throughout the 
 province, for the same useful purpose. Up to this point of 
 time, which of these two parties, I now ask, has been the most 
 efficient instrument in keeping the people in ignorance? 
 Whether are we to account for the superior intelligence of 
 the people of the United States, by the difference in the 
 conduct of their religious instructors, or by the difference in 
 the conduct of their government ? The reader must answer 
 this question for himself. 
 
 A proposition was made, by the House of Assembly, to 
 establish elementary schools, in every parish throughout the 
 province. These schools were to be under the management of 
 the people of the separate parishes, and the cures; much after 
 the manner now practised in Scotland and the United States. 
 
 The following benefits were supposed likely to accrue from 
 this institution:— 
 
 1. The people would have, at their very doors, a cheap 
 education. 
 
 2. The schools being under the control of the parents of 
 the children to be educated, the education given would be 
 such as the parents desired, and the children needed. 
 
 3. Inasmuch as the schoolmasters would have been under 
 the command of the united parents, they would, of necessity, 
 have been industrious and circumspect in their conduct 
 generally. 
 
 4. Inasmuch as they were to be chosen by the parents, 
 there was every probability that they would have possessed 
 the requisite qualities for teaching Canadian children. 
 
 5. The same control of the parents would have given the 
 parents confidence to trust their children to the care of the 
 teachers. 
 
 1 o this plan the Roman Catholic clergy were warm 
 
156 
 
 STATE OF EDUCATION. 
 
 
 friends: the Government, however, opposed the plan; and in 
 place of it, established a Royal Institution; the leading 
 features of which were, that the teachers should be chosen 
 by the Government, and should be under the control of the 
 Government. The institution was formed in 1816, and a 
 number of persons appointed to direct the formation of the 
 elementary schools. The list which I give below will show 
 in how much the feelings of the catholic population were a 
 matter of consideration*. 
 
 From a paper which I give in the Appendixf, the following 
 account of the schools of the Royal Institution is extracted, 
 which, compared with an account, taken from the same 
 paper, of the other schools in the country, will show the 
 effect, in numbers, produced by the Government plan :— 
 
 The grand Total of Persons educated in the Province - - 11,679 
 
 Of these the Government Schools educate ----- 2,298 
 
 Not educated by Goverment Schools 9,381 
 
 * List of the Syndics of the Royal Institution:— 
 
 The Lieutenant-Governor of Upper Canada, for the time being. 
 
 Sir T. M. Barton, Lieutenant-Governor of Lower Canada. 
 
 Bishop of Quebec (Principal). 
 
 Chief Justice of Lower Canada. 
 
 Chief Justice of Montreal. 
 
 Chief Justice of Upper Canada. 
 
 Speaker of the Legislative Council of Lower Canada. 
 
 Speaker of the House of Assembly. 
 
 The Rev. G. J. Mountain, Archdeacon of Quebec. 
 
 The Hon. and Rev. J. Strachan, D. T. 
 
 The Hon. and Rev. Charles Stewart, D. T. 
 
 The Hon. J. Caldwell. 
 
 The Hon. H. W. Ryland. 
 
 The Hon. L. de Salaberry. 
 
 The Hon. A. L. J. Duchesnay. 
 
 J. Stewart, Esq. 
 
 J. T. Tachereau, Esq. 
 
 A. W. Cochrane, Esq. 
 
 Of these eighteen Members, four are Catholics; and, besides, the Speaker of 
 the House may also be a Protestant 
 f Sec No. XI. 
 
STATE OF EDUCATION. 157 
 
 making about one-fifth of the whole educated by the Go¬ 
 vernment Schools. 
 
 The reasons for the failure are as follows :— 
 
 1. The masters, being chosen by the Executive, are usually 
 exceedingly inefficient; the causes of their inefficiency are 
 manifest. In the first place, as the persons choosing them 
 have no very great interest in the matter, the qualifications 
 of the teachers are seldom minutely inquired into; inquiry 
 is trouble, and trouble is a thing people will not take, unless 
 some immediate motive be brought to bear upon them. 
 What immediate motive can be supposed to bear upon the 
 persons mentioned in the note, equal to the desire for rest 
 and relaxation which must necessarily possess them, seeing 
 the extent and variety of duties they have otherwise to 
 perform. Besides, without any wish to find fault, I must 
 be permitted to say, that the situation of schoolmaster, being 
 a desirable one for persons of a certain condition in life, is 
 often sought as a matter of favour, and is too often granted 
 as such. The consequence is, that the teachers seldom pos¬ 
 sess the qualities absolutely requisite ; for example, many of 
 them cannot speak French, though they have to teach a 
 French population: most of them are rude and illiterate, 
 prejudiced and bigoted: are these the persons to teach a 
 people differing from themselves in habits, manners, religion, 
 and language? Few tasks can be found more difficult than 
 that of instructing a rude people, distrustful of their teacher. 
 The following observations, from the Westminster Review , 
 speak the feelings of an Englishman on this point; of one 
 who had seen, and could appreciate the difficulties of the 
 task, as well as the attempts of the Royal Institution to ac¬ 
 complish it:—“ For the most part also, these places have been 
 conferred upon persons ignorant of the French language, and 
 utter strangers to the people; usually upon boorish and 
 ignorant emigrants, just imported from the mother country, 
 whose stupid prejudices unfitted them for the task of edu¬ 
 cating any body ; and, above all, for performing the delicate 
 
158 
 
 STATE OF EDUCATION. 
 
 part of instructing a people differing from themselves in 
 religion, in language, and in manners.” 
 
 % Supposing the difficulties of a proper choice completely 
 conquered, and a fitting person be found, it must be evident 
 that the teacher would not be particularly careful to suit 
 himself to the wishes of the parents. Under the control of 
 a set of persons at a distance, of persons not very desirous 
 of being troubled with complaints, the master would pursue 
 the conduct most likely to please himself. Being, usually, 
 an European, his habits are entirely different from those of 
 the persons to be taught; and he generally endeavours to 
 bend the manners of his scholars to his own, rather than suit 
 himself to theirs; he does little to conciliate the parents, still 
 less to conciliate the religious instructor of the parents, viz. 
 the priest. He thus is soon at open war with his neigh¬ 
 bourhood : as was to be expected, he is far from being 
 industrious; far from being obliging: he possesses little 
 knowledge needed by the people; and that little, he knows 
 not how to communicate. 
 
 3. The teacher, also, is usually of a religion different from 
 that of the persons to be taught; he is therefore an object of 
 distrust to the parents. Moreover, as he is possessed of little 
 of that liberality of feeling which makes us look upon dif¬ 
 fering creeds without rancour or hostility, he is seldom 
 careful to restrain his opinions, or to guard his expressions; 
 he soon gives offence, and awakens suspicion. Is it to be 
 expected that, under these circumstances, the Royal Insti¬ 
 tution could prove an efficient instrument of instruction ? 
 Can any one believe that this institution possesses the ad¬ 
 vantages of the plan proposed by the House of Assembly, 
 and supported by the clergy ? And, again, I would ask, 
 are the clergy or the Government, in this case, to be blamed 
 for having, by the aid of an inefficient institution, kept the 
 people in ignorance ? 
 
 I have said thus much in exculpation of the clergy of 
 Canada, from a feeling of gratitude towards that respectable 
 
STATE OF EDUCATION. 
 
 159 
 
 body. Whatever degree of enlightenment exists among the 
 upper classes of the Canadian people, is owing entirely to the 
 exertions of the priesthood : so far have they been from keep¬ 
 ing the people in ignorance, that to them alone can the merit 
 be ascribed of saving us from absolute barbarism. The per¬ 
 sons whose duty it was to instruct the people, criminally 
 neglected that duty; and with indifference permitted it to be 
 assumed by any one who would voluntarily assume the office. 
 The business of government is usually considered to consist 
 m levying taxes, and punishing breaches of the law; the 
 much more important branch, of preventing breaches of the 
 law, is generally left to the people themselves. The Govern¬ 
 ment of Canada, like its more powerful compeers, followed 
 the same ill-advised method of proceeding. Education, that 
 most powerful of all means of preventing breaches of the law, 
 was left to the mercy of chance; when, at length, roused 
 from their pernicious lethargy, the members of the Govern¬ 
 ment sought to render education, like every thing else with 
 which they had any concern, a matter of party, of favour, 
 and of jobbing; and the country who resisted this proceed¬ 
 ing, and the priesthood who would not support it, were 
 accused of bigotry and prejudice. The former efforts of the 
 priesthood in that cause, which the Government had neglected, 
 were decried; the Government, forgetting that they them¬ 
 selves had done nothing, abused those who had not done 
 every thing, which they, the people of government, thought 
 might have been effected. Assuredly the conduct of the 
 clergy, who voluntarily came forward and lent some assist¬ 
 ance (I say great assistance) to the cause of education, is far 
 more laudable than that of the Government, who passed it 
 over entirely. Assuredly the clergy deserve praise rather 
 than blame, even supposing their exertions to have been less 
 than perfect; even supposing, that to educate persons for 
 the office of the priesthood has still been their chief con¬ 
 sideration. Oxford and Cambridge are supposed to do the 
 same thing: and yet those two seminaries would feel indig¬ 
 nant, were they accused of not aiding in the general educa- 
 
160 
 
 STATE OF EDUCATION. 
 
 tion of the higher classes of the community. In short, it is 
 but too evident, that the aspersions cast upon the Roman 
 Catholic clergy have originated in ill feeling and prejudice, 
 rather than in any desire to promote thebusiness of instruction*. 
 
 Having said thus much in defence of the priesthood, I 
 proceed to point out what ought to be done for the future 
 improvement of the people. 
 
 * I beg my readers to believe, that in thus doing justice to the Canadian 
 clergy, I am impelled by no feeling of religious prejudice; I am by no means 
 desirous either of exaggerating their merits, or extenuating their faults. The 
 observations I have made, have been suggested solely by the reproaches which 
 have been directed against the Catholic clergy, as favouring chiefly those 
 students who manifest the greatest predilection for the ecclesiastical vocation. 
 On this head, I am myself the better able to speak, from having never been 
 in odour of sanctity, in the opinion of the priesthood, from whom I received 
 part of my education: I might, therefore, be deemed to know something 
 with respect to their conduct. Still, on reflection, I am inclined to believe 
 that this conduct, on their part, is the natural result of their situation; and 
 that every other priesthood would have acted in the same manner, as will, 
 
 I doubt not, be soon exemplified by the college lately erected at Montreal, 
 under the auspices of the Protestant clergy. There will be found no greater 
 liberality than in the halls of their Romish brethren; and for this simple 
 reason—all religious sects are like so many military bodies, and, like them, 
 are necessarily obliged, for the purpose of continuing their power and exist¬ 
 ence, to hold out rewards for new recruits. A strict discipline and subordi¬ 
 nation must also exist in a religious corporation, as in a regiment, and every 
 one who opposes himself to the esprit de corps , which necessarily arises therein, 
 or to the subordination required, must naturally be looked upon with an evil 
 eye by those who rule, since such resistance to authority must diminish the 
 efficiency and dominion of the body: and it follows, that every effort will be 
 taken to repress, rather than encourage, these refractory spirits. This has 
 taken place in every establishment in which religion has been the principal 
 object of education; I except no sect whatever, all have the same tendency; 
 and if a Government give one sect the preference above all others, and 
 endow them with exclusive rights and privileges, arbitrary acts and continual 
 discord will be the infallible result I cannot here avoid remarking how the 
 spirit of the present age has already changed, which change is undoubtedly 
 due to the advance of education. The emancipation of the Roman Catholics 
 is a marked epoch in the advance of the human mind, and will confeY more 
 honour upon the Duke of Wellington than all his victories: while the erection 
 of an university, without any religious prejudices, in the centre of the largest 
 city of Europe, is the most noble proof which its founders could give of their 
 generous devotion to the cause of humanity. 
 
STATE OF EDUCATION. 
 
 161 
 
 Scholastic education may be divided into two distinct por¬ 
 tions : the first comprehending such degree of instruction as 
 is needed by every member of the community; the second, 
 such additional degree as is required by persons dedicated to 
 particular branches of science. 
 
 If we were to suppose a country possessing a perfect 
 organization for the business of education, we might believe 
 that such organization would consist, first of elementary 
 schools spread over the whole surface of the country; and, 
 secondly, of such a number of schools of higher instruction 
 as would, at the least possible inconvenience, educate that 
 small portion, which of necessity would alone require a 
 higher degree of mental cultivation than could be afforded 
 at the elementary schools. Supposing the knowledge con¬ 
 veyed in these superior schools to be complete, the degree of 
 mental cultivation, and, we may safely say, the degree of 
 happiness enjoyed by the people at large, would be indicated 
 by the difference between the knowledge imparted in the 
 superior, and that imparted in the elementary schools. The 
 nearer the latter approached to the former, the more im¬ 
 proved would be the condition of the people. The grand 
 end then should be, to convey the greatest possible quantity 
 of knowledge in the elementary schools. To this end the 
 following circumstances should be taken into consideration :— 
 
 1. First the amount of money which the people generally 
 can afford to pay for instruction. 
 
 % The amount of time that can be spared to the education 
 of the children. 
 
 As there are few things so important as education, so there 
 are few things which ought not to yield to it in precedence. 
 The administering justice excepted, every expense ought to 
 be spared, rather than curtail the outlay for instruction. If 
 taxes are to be raised from the people, they ought to be most 
 beneficially employed ; what employment so beneficial as that 
 of improving the people? Let the Government, if it be 
 found that the country can afford little additional money in 
 the way of supply, curtail every expenditure, and appro- 
 
 M 
 
 
162 
 
 STATE OF EDUCATION. 
 
 priate the savings thus obtained to the liberal provision of 
 the elementary schools; let them not affix such salaries to 
 the office of teacher, as must induce the necessity of accept¬ 
 ing rude and illiterate hinds to perform that important task; 
 every thing should be done to raise the teacher in the scale 
 of importance in society. The duty of the judge is not 
 more —is not so important; why, then, should the judge be 
 paid in thousands, and the poor teacher be endowed with the 
 bare means of subsistence ? The teacher of a school ought, 
 in acquirements, to be the first man of his community. And 
 even though he have to convey merely elementary know¬ 
 ledge. he cannot perform his duty well, unless he be a man 
 of high intellectual powers. To convey knowledge to an 
 intelligent man is an easy task, as compared with the con¬ 
 veying knowledge to the weak and tottering intellect of a 
 child. The teacher of the child ought therefore to possess, 
 in a higher degree, the qualities of a teacher; and these 
 qualities he can seldom attain, without also a high degree of 
 knowledge. 
 
 The time which can be appropriated to the education of 
 the child, must greatly regulate the quantity and sort of 
 instruction that can be imparted to him. If a long time 
 can be afforded, a wide foundation may be laid; a wide 
 extent gone over; if only a short period can be given, the 
 aim or scope must of necessity be less. The quantity of 
 instruction then will depend both on the money and the time 
 that can be afforded; and in determining the sort of instruc¬ 
 tion, the different branches that should be attempted, a per¬ 
 fect knowledge of the present situation of the people is 
 necessarily required; added to which, a very high degree of 
 familiarity with the task of teaching would also be needed. 
 
 The present situation of the Canadians permits, in my 
 opinion, of a very high degree of instruction. Though the 
 people are poor, as compared with certain individuals of 
 this and other European kingdoms, still the means of sub¬ 
 sistence are easily maintained, and the whole mass of the 
 population are in flourishing circumstances. Each village 
 
STATE OF EDUCATION. 
 
 163 
 
 could afford sufficient to maintain a teacher in a state quite as 
 respectable as the most wealthy inhabitants of the village; a 
 motive would thus be held out to the most instructed per¬ 
 sons in their community, to undertake the task of teachers. 
 Moreover, lands might easily be appropriated to the same 
 purpose; and would thus, eventually, most amply provide for 
 the complete instruction of the whole population, and the 
 burden of taxation for the purpose might, in a short time, 
 be entirely dispensed with. 
 
 Against this, it cannot be urged that a very small portion 
 of the population has hitherto afforded to educate their chil¬ 
 dren. To send their children to distant seminaries, to main¬ 
 tain them at great expense, and to pay the teacher, is a far 
 more expensive matter than to pay a teacher for each sepa¬ 
 rate village. The children, in the latter case, can be main¬ 
 tained in the family of the parents, and may dedicate certain 
 portions of their time to productive labour; and thus mate¬ 
 rially lighten the burden of the parents. The absence of 
 elementary schools has been the cause of the little education 
 of the people hitherto; but that absence is not attributable 
 to the want of means on the part of the people, but to the 
 circumstances which I have above described. 
 
 The time, moreover, which the Canadian peasant can dedi¬ 
 cate to instruction, is far greater than could be afforded by 
 a population whose means of subsistence are not so easily 
 obtained. The time must be computed first, with reference 
 to the number of years that could possibly be allowed; and 
 secondly, with reference to the time in each year. I have 
 already mentioned, that one half the year, viz., the winter, 
 is usually unemployed in productive labour ; this portion of 
 the year, therefore, might be allowed for instruction, to an 
 indefinite period; not only might the child be then instructed, 
 but also the youth ; and not only the youth, but the man: 
 in short, the peasant, for his whole life, might spend nearly 
 one-half the year in being instructed. It is true, however, 
 that, inasmuch as every person lives on his own farm, the dis¬ 
 tance from the school must in some cases become great, and 
 
164 
 
 STATE OF EDUCATION. 
 
 thus time be lost in going and coming; the cases, however^ 
 compared with the whole population, are few; the evil is not, 
 upon the whole, very material, and must necessarily diminish 
 with the increasing number of the people. As the parents 
 can obtain their subsistence easily, they can dispense, for a 
 long series of years, with the assistance of their children, 
 except in particular cases, viz. the hay and harvest time; the 
 time of the children can therefore be almost wholly dedicated 
 to being instructed. With a little care they might be as 
 well, perhaps better instructed, than any people on the earth. 
 
 What, it may be asked, could be the plan upon which 
 these schools should be constructed ? I answer:— 
 
 As to their government and maintenance, that the people 
 should be compelled to pay a given sum, in the shape of an 
 education tax; that of this sum, part should be used as 
 salary for the teacher, part to maintaining the schools, 
 providing books, &c. 
 
 That every v teacher should have a specific sum; if the 
 
 village were unable to furnish that sum, the country generally 
 © 
 
 should make it up. 
 
 That the teacher should be chosen by the people of the 
 village, and he should be removable by them. 
 
 And that a standing committee of the House of Assembly 
 should be appointed, for the purpose of inspecting the 
 business of education, as carried on by these elementary 
 schools. 
 
 As to the instruction to be conveyed, little could be 
 advanced by me, in the present state of our knowledge, as to 
 the exact means of the people. 11 may however be remarked, 
 that after these necessary means of acquiring knowledge, viz. 
 reading, writing, and the elements of numbers, have been 
 learned, much useful instruction might be conveyed to the 
 people respecting the business of agriculture. So much of 
 the sciences of chemistry, natural philosophy, and mecha¬ 
 nics as is immediately connected with agriculture might 
 easily be obtained, as well as a competent knowledge of the 
 political rights and obligations of the people at large. The 
 
STATE OF EDUCATION. 
 
 165 
 
 following sensible observations pretty nearly express my 
 opinion on the present subject: — 
 
 “ Afin d’epargner sur le temps dans Peducation du peuple 
 nous voudrions qua travers la lecture, Pecriture, et un peu 
 d’arithmetique, les maitres glissassent dans Pesprit des eleves 
 des lemons de justice et de morale. Ils devraient aussi, suivant 
 les circon stances, leur donner une idee abregee de la constitu¬ 
 tion du pays, et des principals parties des arts et des sciences 
 qui se rapportent a Pagriculture. Le reste de leurs devoirs 
 doit se borner a leur faire aimer leur etat, et leur apprendre a 
 le faire respecter en le respectant eux-memes*.” 
 
 As the situation of the people improved, and it would of 
 necessity rapidly improve, the knowledge imparted would 
 gradually increase, and the whole population would tend 
 towards that state of perfection in moral and intellectual 
 acquirements which is above described. 
 
 I pass now to the consideration of the superior schools. 
 
 At present the Government has in its own hands the 
 means of at once establishing schools of this description to 
 the entire extent needed by the situation of the country. 
 In the city of Quebec, they have a building erected for this 
 very purpose, though now a barrack; they have a large 
 revenue derived from the Jesuits’ property, formerly em¬ 
 ployed in this useful manner * they want only the inclination 
 at once to create a complete university. A school of this 
 description, in two of the principal towns of the country, 
 would abundantly suffice (at least for the present) to educate 
 the whole of that portion of the population needing more 
 instruction than can be conveyed in the elementary schools. 
 These superior seminaries might be erected without any 
 increase of expense to the people; and might contribute more 
 to the general improvement of the whole country than any 
 institution hitherto established. From this institution w'ould, 
 eventually, be derived the teachers of the elementary schools: 
 
 * La Minerve , 5 Juillet, 1827. 
 
166 STATE OF EDUCATION. 
 
 the men of the law, the church, and of medicine, would here 
 receive their education, and the whole of those persons des¬ 
 tined eventually to carry on the government, would mingle 
 together, and devote their attention and their time to a 
 thorough understanding of the physical and political situa¬ 
 tion of their country. A mass of intelligence would thus 
 be collected together; collision and communication, without 
 which few improvements ever take place, would necessarily 
 be actively existing, and all the evil influence of ignorance 
 would rapidly be for ever destroyed. 
 
 Here again it may be asked—What plan of organization, 
 so as to suit the various interests and feelings now existing, 
 could possibly be proposed ? 
 
 Considering the feelings of the country to be fairly re¬ 
 presented by the House of Assembly, in its hands I 
 would place the ultimate control; this would be attained 
 by giving the House the election of a Council, to carry 
 on the business of the University. In the case of the 
 elementary schools, each village was supposed to govern its 
 own school. These superior schools are the schools of the 
 nation; and, upon the same principle, should be under the 
 government of the nation: but this can only be by 
 placing them under the control of the nation’s represen¬ 
 tatives. This control would be fully obtained by the 
 election of the ruling council of the body; the further 
 regulations it is not necessary to notice. Should the plan 
 I suggest ever be acted upon, I feel little anxiety respecting 
 the measures that would be adopted. The country possesses 
 sufficient knowledge and talent to give full effect to this 
 salutary institution. 
 
 One thing, perhaps, I may be permitted to suggest, viz. 
 that greater liberality of feeling should be attained by the 
 clergy of the various sects now existing in Canada; that 
 they should learn to forego the petty rivalry which they 
 have hitheto kept up; that they should look upon one 
 another as persons tending to the same great end—fellow 
 
STATE OF EDUCATION. 167 
 
 labourers in the same great cause; that they be less 
 narrow minded—less bigoted, more benevolent than here¬ 
 tofore. Let them aid the business of education by dissemi¬ 
 nating principles of good-will and kindly feeling among 
 the people, rather than check the progress of improve¬ 
 ment, by attempting to create religious animosities, and 
 making bitter enemies of men who ought to be brothers. 
 
CHAPTER VI. 
 
 Of the Waste Lands of the Crown , and the Lands reserved 
 for the Protestant Clergy . 
 
 I am about to treat of a subject of the highest im¬ 
 portance, viz. the distribution of lands since the conquest 
 of the country; to establish, by extracts which I propose 
 to make from the different reports of a committee appointed 
 by the Assembly, at the desire of the Governor-General in 
 1824, that it would have been more advantageous to con¬ 
 tinue the lands en fief et seigneurie , as hitherto, than to 
 adopt the tenure in free and common soccage. And besides, 
 I hope to establish, that, in the proceedings relative to this 
 matter, the local government has been actuated rather by a 
 wish to favour private interests than to p omote the public 
 welfare. 
 
 A thing which surprises every body, and more particu¬ 
 larly such strangers as come into the country, is, that the 
 Canadian population is not more extended, and that the 
 land hitherto settled in the townships has been occupied 
 solely by emigrants from different parts of Great Britain, 
 Ireland, and the United States. What has hindered the 
 Canadians from settling in the townships ? The land, ac¬ 
 cording to the reports of various surveyors, is excellent; 
 and the climate, in many parts, is more temperate and 
 healthy than many places long settled. And yet, in spite 
 of this, the Canadians remain upon the lands conceded en 
 fief et seigneurie , being apparently not in the least desirous 
 
WASTE LANDS. 
 
 169 
 
 of establishing themselves in the townships. The opinion, 
 that the population was not sufficiently considerable to force 
 them to adopt the measure; and that such circumstances 
 would immediately occur, prevailed a long time. In spite 
 of this, however, the facts have been diametrically opposed 
 to such a result: the inhabitants have preferred, and do 
 still prefer, to take lands conceded to them in the most 
 remote parts of the seigneuries, in places almost impossi¬ 
 ble to be cultivated; on the top of steep and desert moun¬ 
 tains, rather than upon the fertile lands of the townships. 
 At length the local government thought it requisite to 
 consider the subject; and the Governor-General recom¬ 
 mended the investigation of this important matter to the 
 House of Assembly, for the purpose of discovering the 
 circumstances which had retarded, to the present time, the 
 settlement of the waste lands of the Crown. The House 
 of Assembly, being as well convinced as the Governor of 
 the importance of the subject, and the absolute necessity 
 of obtaining all possible information upon it, immediately 
 appointed a committee. At the head of this committee was 
 Andrew Stuart, Esq. advocate, a man of superior judg¬ 
 ment and knowledge, acquainted with every thing connected 
 with the interests of the country, and thoroughly conversant 
 with the means of obtaining all the information requisite in 
 the matter. 
 
 The object of this work will not permit to extract more 
 from the above-mentioned reports than is absolutely neces¬ 
 sary for my present purpose; but I recommend to those 
 who take an interest in the affairs of the country, and who 
 are desirous of obtaining valuable information respecting it, 
 to procure these reports; and I am convinced they will not 
 regret the money thus expended. 
 
 According to the first report of the committee, it appeared 
 evident, that Lower Canada possessed a surplus of agricul¬ 
 tural population sufficient to settle a large part of the waste 
 lands of the Crown; and our surprise is at the utmost, when 
 
170 WASTE LANDS. 
 
 we learn, that this population never attempts to extend itself 
 over these waste lands by which they are surrounded. 
 
 “ First Report of the Committee of the House of Assembly, 
 on that part of the Speech of his Excellency the Gover - 
 nor An-Chief which relates to the Settlement of the 
 Crown Lands. Printed in Quebec , and dated the 12th 
 of February , 1821. 
 
 “ Your Committee, deeply sensible of the importance of 
 the matter referred to them, have lost no time, and spared 
 no labour, in investigating the causes which have hitherto 
 retarded the settlement of this province, and more particu¬ 
 larly of the waste lands of the Crown, and yet unconceded 
 seigneurial lands. 
 
 “ Their attention was, in the first instance, directed to the 
 ascertaining of the amount of the surplus agricultural popu¬ 
 lation of this province, for whom it was expedient and just 
 to provide habitations. 
 
 “ From the declarations of several witnesses, which your 
 Committee examined, it was manifest that Lower Canada 
 possesses in itself an abundant population to settle these 
 waste lands. 
 
 “ To determine as exactly as might be the precise amount 
 of this surplus population, your Committee proposed a series 
 of questions, and transmitted the same to the curates of the 
 different parishes in this province, and to some of the more 
 distinguished seigneurs resident in the country, with a request 
 to communicate their answers with all convenient speed. 
 Sufficient time has not yet elapsed to entitle your Committee 
 to answers to these queries. They anticipate, however, with 
 confidence, much valuable information from these respectable 
 sources ; and, when received, will feel it their duty to lay the 
 same before this House with the least possible delay. 
 
 “ Your Committee next directed their attention to the 
 determining of the quantity, and ascertaining of the quality 
 of the waste and ungranted lands of the Crown, with their 
 
WASTE LANDS. 
 
 171 
 
 local advantages or disadvantages, viewed with reference to 
 actual settlements. The result of these inquiries was in the 
 highest degree satisfactory, and evinces that land advanta¬ 
 geously situated may be provided for the entire surplus 
 population of Lower Canada*. 
 
 “It could not but excite surprise in the minds of your 
 Committee, that the large surplus agricultural population of 
 the province had not been long since located upon the vast 
 tracts of ungranted lands of the Crown ; and it became a 
 matter of anxious inquiry to them, whether the causes which 
 had produced the strange anomaly of a superabundant agri¬ 
 cultural population, environed by a wilderness of lands, were 
 permanent in their nature, or otherwise. 
 
 “ It is with no ordinary satisfaction, that your Committee 
 have it in their power to declare, as their opinion, that these 
 causes are not of a permanent nature; and to add, that a 
 hope that their removal may be considered as neither of diffi¬ 
 culty or distant attainment, may reasonably be indulged. 
 
 “ In the opinion of your Committee, one of the principal 
 causes which have retarded the settlement of the waste lands 
 of the Crown in Lower Canada, has been the abandonment 
 of the ancient mode of granting lands in fief or seigneurie, and 
 the introduction of the tenure of free and common soccage— 
 a tenure novel and unknown to the people of this country. 
 
 “ The first subject of inquiry of your Committee has 
 been, into the causes which led to the adoption of a measure 
 which did not appear to manifest that regard for the ancient 
 laws and institutions of this province which so evidently 
 characterized His Majesty’s Government generally; and here 
 abundant proof was afforded to your Committee, that a policy 
 so adverse in its spirit to the general policy of His Majesty’s 
 Government towards this colony arose, not from any inter¬ 
 mission of that regard, but from extrinsic circumstances, 
 
 * “ The examinations upon this matter, taken before your Committee, will 
 be found in the Appendix to this Report, under the letter B.”—For an 
 extract of these examinations, see Appendix, No. XII., of the present W ork. 
 
172 AVASTF. LANDS. 
 
 ✓ 
 
 t 
 
 which it was not in the power of your Committee to more 
 than partially explore. 
 
 66 So early as the year 1775, His Majesty was graciously 
 pleased, by his instructions to Guy Carleton, Esq., Captain- 
 General and Governor-in-Chief in and over the province of 
 Quebec, in America, and of all the territories dependent 
 thereupon, dated St. James’s, the 3rd of February, 1775, 
 with other matters relating to the good government of this 
 province, to order, as follows:— 
 
 38. “ 6 By our Commission to you, under our Great Seal 
 6 of Great Britain, you are authorized and empowered, with 
 ‘ the advice and consent of our council, to settle and agree 
 6 with the inhabitants of our said province of Quebec, for 
 6 such lands, tenements, and hereditaments, as now are, or 
 ‘ shall hereafter be in our power to dispose of. It is there- 
 6 fore our will and pleasure, that all lands which now are, or 
 ‘ hereafter may be subject to our disposal, be granted in fief 
 i or seigneurie, in like manner as was practised antecedent to 
 c the conquest of the said province, omitting, however, in 
 ‘ any grant that shall be passed of such lands, the reservation 
 6 of any judicial powers or privileges whatever: and it is our 
 4 further will and pleasure, that all grants in fief or seigneurie, 
 ‘ so to be passed by you as aforesaid, be made subject to our 
 c royal ratification or disallowance, and a due registry thereof 
 ‘ within a limited time, in like manner as was practised in 
 ‘ regard to grants and concessions held in fief and seigneurie 
 c under the French Government.’ 
 
 “ That, in the year 1786, His Majesty was graciously 
 pleased, by such articles in the instructions to Lord Dor¬ 
 chester as are not contained in the instructions to Guy 
 Carleton, Esq. in 1775, also a copy of such articles, or parts 
 thereof, in the same instructions to Guy Carleton, Esq. in 
 1775, to order as follow: — 
 
 40. “ 6 Whereas, many of our loyal subjects, inhabitants 
 c of the colonies and provinces, now the United States of 
 c America, are desirous of retaining their allegiance to us, 
 
 ‘ and of living in our dominions, and for this purpose are 
 
~ 
 
 WASTE LANDS. 173 
 
 ‘ disposed to take up and improve lands in our province of 
 
 < Quebec; and we, being desirous to encourage our said loyal 
 
 * subjects in such their intentions, and to testify our appro- 
 ‘ bation of their loyalty to us, and obedience to our govern- 
 
 < ment, by alloting lands for them in our said province; and 
 
 * whereas, we are also desirous of testifying our approbation 
 « of the bravery and loyalty of our forces serving in our said 
 
 < province, and who may have been reduced there, by allow- 
 4 ing a certain quantity of land to such of the non-commis- 
 « sioned officers and private men of our said forces who are 
 i inclined to become settlers therein; it is our will and plea- 
 6 sure, that immediately after you receive these our instruc- 
 c tions, you do direct our Surveyor-General of lands for our 
 
 * said province of Quebec, to admeasure and lay out such 
 4 quantity of land as you, with the advice of our council, 
 
 « shall deem necessary and convenient for the settlement of 
 6 our said loyal subjects, and the non-commissioned officers 
 6 and private men of our forces, which may have been re- 
 « duced in our said province, who shall be desirous of becom- 
 ‘ ing settlers therein; such lands to be divided into distinct 
 ‘ seigneuries or fiefs, to extend from two to four leagues in 
 « front, and from three to five leagues in depth, if situated 
 6 upon a navigable river, otherwise to be run square, or in 
 « such shape, and in such quantities, as shall be convenient 
 
 * and practicable, and in each seigneurie a glebe to be reserved 
 ‘ and laid out in the most convenient spot, to contain no less 
 
 * than three hundreed acres, nor more than five hundred 
 6 acres; the property of which seigneuries or fiefs shall be 
 6 and remain vested in us, our heirs and successors; and you 
 6 shall allot such parts of the same as shall be applied for by 
 6 any of our said loyal subjects, non-commissioned officers, 
 ‘ and private men of our forces reduced as aforesaid, in the 
 4 following proportions, that is to say,’ &c. 
 
 “ c The said lands to be held under us, our heirs, and 
 6 successors, seigneurs of the seigneurie or fief, in which the 
 < same shall be situated, upon the same terms, acknow- 
 6 lodgments and services, as lands are held in our said pro- 
 
174 
 
 WASTE LANDS. 
 
 4 vince, under the respective seigneurs, holding and pos- 
 6 sessing seigneuries or fiefs therein; and reserving to us, 
 4 our heirs, and successors, from and after the expiration of 
 4 ten years from the admission of the respective tenants, a 
 4 quit rent of one halfpenny per acre.’ 
 
 44 That after the declaration of American independence, 
 in the year 1776, the powers of His Majesty's government 
 in this colony came to be exercised by persons who had 
 resided and held offices in the old British colonies, who suc¬ 
 ceeded to the principal offices in this province; that, from 
 the manner in which the influence of those gentlemen and 
 their friends had been exercised in the old colonies, and from 
 the ill success which had attended the policy adopted by 
 their advice, Canada could augur but unfavourably of the 
 administration which was destined to rule it. 
 
 44 The alarms of the people of Canada were greatly in¬ 
 creased by a large influx of loyalists, who were naturally 
 anxious to retain the laws, institutions, and tenures to which 
 they were accustomed ; notwithstanding that Great Britain 
 had, by an Act of the Imperial Parliament, commonly 
 called the Quebec Act (14th George III., cap. 83) # , gua¬ 
 ranteed to His Majesty's Canadian subjects 4 within the 
 4 province of Quebec, that they, the religious orders and 
 4 communities only excepted, might hold and enjoy their 
 4 property and possessions, together with all customs and 
 4 usages relative thereto, and all other their civil rights, in 
 4 as large, ample, and beneficial a manner as if the said 
 4 proclamation, commissions, ordinances, and other acts and 
 4 instruments had not been made ; and as may consist with 
 4 their allegiance to His Majesty, and subjection to the Crown 
 4 and Parliament of Great Britain ; and that in all matters of 
 4 controversy, relative to property and civil rights, resort 
 4 shall* be had to the laws of Canada, as the rule for the de- 
 4 cision of the same; and all causes that shall hereafter be 
 4 instituted in any of the Courts of Justice to be appointed 
 
 See Appendix, No. VI. 
 
WASTE LANDS. 
 
 175 
 
 4 within and for the said province, by His Majesty, his 
 4 heirs and successors, shall, with respect to such property 
 4 and rights, be determined agreeably to the said laws and 
 4 customs of Canada, until they shall be varied or altered by 
 4 any ordinances that shall, from time to time, be passed in 
 4 the said province by the Governor, Lieutenant-Governor, 
 4 or Commander-in-Chief for the time being, by and with the 
 4 advice and consent of the Legislative Council of the same, 
 4 to be appointed in the manner hereinafter mentioned.’— 
 Still several petitions, which are to be met with in a volume 
 entitled Quebec State Papers , were transmitted to His 
 Majesty’s Government, by His Majesty’s Canadian subjects, 
 praying that they might be maintained in their ancient laws 
 and institutions. 
 
 44 That these apprehensions were by no means so visionary 
 as might at first sight appear; for the repudiated public 
 men of the old British colonies had, by their acts, attained 
 that dominion in Canada which their more wise and honest 
 countrymen had not been able to achieve by their arms. 
 
 44 Accordingly, in the year 1790, His Excellency the 
 Right Honourable Guy Lord Dorchester was pleased to 
 refer to a committee of the whole of the Honourable the 
 Legislative Council, 4 to investigate and report a statement 
 4 of the comparative advantages and disadvantages of the 
 4 tenure in free and common soccage, and the present tenures 
 4 of the province of a different description, with a view to the 
 4 public interest, as well as that of the individuals holding 
 4 under such tenures. That they deliberate, and in case a 
 4 conversion of the present tenures in fief or otherwise into soc- 
 4 cage tenure shall appear to be advisable, that they report upon 
 4 the most eligible mode of effecting the same, without pre- 
 4 judice to the rights of individuals, and the general interests 
 4 of the country. In doing this, the committee are to attend 
 4 to the nature and operation of the different clauses in the 
 4 statute of 12th Car. II., cap. 24, by which soccage holding 
 4 was made general in England, giving Mr. Lanaudiere, at 
 4 the same time, an opportunity to be heard on his petition 
 
176 
 
 WASTE LANDS. 
 
 < fora conversion of the tenure of his estates into that of free 
 ‘ and common soccage, which was referred to a committee of 
 
 < the Council on the 14th of February, 1788; and the com- 
 ‘ mittee may call on Mr. Attorney and Solicitor-General for 
 ‘ their opinion on the subject matter of the reference, if 
 « they shall conceive the same to be necessary, and take all 
 
 < such other means as they may think proper for acquiring 
 ‘ the necessary information. And further, if the Legislative 
 
 < interposition shall appear to be necessary, the committee 
 ‘ are to report such draft of a Bill as the case may require.’ 
 The resolves of the Council, and the resolutions and motion 
 of the Chief Justice, adopted by the committee, were calcu¬ 
 lated to introduce the tenure in free and common soccage, 
 in lieu of the ancient tenure of the country, in all new grants; 
 and to undermine, and ultimately overturn those tenures in 
 the old grants. These resolves, with the reasons of dissent 
 therefrom, by Mr. Mabane, are subjoined to this report 
 under the letter C*. 
 
 “ It is consoling to reflect that His Majesty’s Government 
 did not participate in this scheme. 
 
 « The debates upon the Constitutional Act of these pro¬ 
 vinces (31st George III., cap. 31) exhibit the two great 
 statesmen in the British House of Commons, who in almost 
 every other object of public policy were opposed to each 
 other, concurring in the justice and expediency of main¬ 
 taining his Majesty’s Canadian subjects who had been reared 
 under, and were attached to the laws and institutions of 
 England, in the possession of those laws and institutions, and 
 conferring upon both the inestimable advantages of the 
 British constitution. 
 
 “ it was, in consequence, provided by the Constitutional 
 Act, ‘ that there should be, in the provinces of Upper and 
 
 < Lower Canada respectively, a Legislative Council and 
 ‘ Assembly, to be severally composed in the manner de- 
 ‘ scribed in the said Act, to make laws for the peace, welfare, 
 
 See Appendix, No. XIII. 
 
WASTE LANDS. 
 
 177 
 
 4 and good government of those provinces; * and in a 
 subsequent clause, 4 that all lands, which shall be hereafter 
 4 granted within the said province of Upper Canada, shall be 
 4 granted in free and common soccage, in like manner as lands 
 4 are now holden in free and common, in that part of Great 
 4 Britain called England; and that in every case where lands 
 4 shall be hereafter granted within the said province of Lower 
 4 Canada, and when the grantee thereof shall desire the same 
 4 to be granted in free and common soccage, the same shall 
 4 be so granted ; but subject, nevertheless, to such alterations, 
 4 with respect to the nature and consequences of such tenure 
 4 of free and common soccage, as may be established by any 
 4 law or laws, which may be made by His Majesty, his heirs 
 4 and successors, bv and with the advice and consent of the 
 4 Legislative Council and Assembly of the provinceand a 
 free and representative Government was thus assured to 
 these colonies. 
 
 44 Your Committee, in proceeding upon the inquiry upon 
 the comparative advantages and disadvantages of the ancient 
 tenures of this country, and of the free and common soccage 
 tenure, come to a conclusion, that the former possesses de¬ 
 cided advantages over the latter, in the settlement of a new 
 country. 
 
 44 Your Committee did not deem it necessary to institute 
 any inquiry respecting the comparative advantages of these 
 tenures in a more advanced state of society, leaving it to the 
 wisdom of their remote posterity to provide remedies for 
 these inconveniences, when they shall arise. It could not fail 
 to strike the attention of your Committee, that great preju¬ 
 dices existed in the minds of the British descendants upon 
 this continent against the tenure en fief. The statute, 12th 
 Car. II., cap. 24, operated a salutary revolution in the con¬ 
 stitution of Great Britain, and it is said by high authority 
 to have been 4 a greater acquisition to the civil property of 
 4 the kingdom than Magna Chartayet although by means 
 of it 4 the oppressive or military part of the feodal constitu- 
 4 tion was happily done away, we are not to imagine that the 
 
178 
 
 WASTE LANDS. 
 
 ‘ constitution itself was utterly laid aside, and a new one 
 ‘ introduced in its room since, by the statute of 12th Car. 
 ‘ II., the tenures of soccage and frankalmoing, the honorary 
 ‘ services of grand sergeanty, and the tenure by copy of 
 c court roll were reserved; nay, all tenures in general, except 
 6 frankalmoing, grand sergeanty, and copyhold, v'ere re- 
 6 duced to one general species of tenure, then well known 
 * and subsisting, called free and common soccage, and this 
 ‘ sprung from the same feodal origin as the rest.’ 
 
 “ The reasons which induced your Committee to come to 
 the above conclusion are as follows:— 
 
 “ The two great obstacles to settlements in all new coun¬ 
 tries are,—the want of capital, and the consequent want of a 
 market for labour in those comparatively remote situations. 
 In a city composed of artisans, having all for sale the same 
 commodity, whatever be its excellence, they will all starve; 
 in a new settlement, composed entirely of labourers, to be fur¬ 
 nished with meat and clothing from the sale of their labour 
 they also starve from the same cause—the want of customers. 
 
 “ The things possessed by each, though valuable in them¬ 
 selves, possess no exchangeable value. The minimum of 
 capital required to be employed for any productive labour, 
 will be regulated by the quickness or slowness of the return 
 Unfortunately, in the clearing of land, even upon the 
 smallest scale, the return to the actual settler is slow—gene¬ 
 rally from nine to twelve months. 
 
 “ Where actual settlements are now found upon the conti¬ 
 nent of North America, the above obstacles have been sur¬ 
 mounted, either:— 
 
 “ 1st Fortuitously, by the accidental coming together of 
 persons having capital, and persons having labour, at the 
 formation of the new settlements, as in the case of Mas- 
 sachussets;—or, 
 
 “ 2/id. By the Government making a donation to the 
 new settler of capital sufficient to support him until his 
 labour became productive; as was done in Upper Canada, 
 at the commencement of its settlements in 1783-4, and has, 
 
WASTE LANDS. 
 
 179 
 
 it is believed, since been done in some cf the late military 
 settlements in that country ;—or, 
 
 “ 3rd. By the Government granting the lands in a man¬ 
 ner to secure the laying out of a sufficient capital by indivi¬ 
 duals for this purpose, with a view to their own profit. 
 
 “ In the first there is danger that there be not a due pro¬ 
 portion of capital; and then the first settlers are subjected 
 to great hardships, as happened to the first settlers of Mas- 
 sachussets. 
 
 “ The second is exceedingly expensive and onerous to Go¬ 
 vernment ; indeed so much so, that it cannot be carried on 
 upon a very extensive scale, nor permanently. 
 
 “ The third appears obviously to be the best system. 
 It may be carried on, not only to the extent of capital 
 which the capitalists of the colony itself may turn into 
 this direction, but is calculated to draw capital from abroad 
 into this channel, and thus enrich the colony, as well by 
 the introduction of new capital, as by the advantageous 
 employment of it when introduced. 
 
 “ The object of the capitalist is, to get from the Govern¬ 
 ment the highest premium he can for employing his capital 
 in the clearing of wild lands: on the other hand, that of 
 the Government, on the behalf of itself, the owner of the 
 lands to be granted, and on behalf of the needy individuals 
 who are thus to obtain a settlement, and out of whom, in one 
 shape or another, a large portion of the profit of the capi¬ 
 talist is to be extracted, is to give the capitalist as small a 
 premium as he will accept for this use of his capital. 
 
 “In the proprietary governments of the old British 
 colonies, Maryland, &c. &c., the premium given to Lord 
 Baltimore and the other great proprietors, to induce them to 
 effect settlements in those countries, was much too high, and 
 became so burdensome to the actual settler, that Govern¬ 
 ment actually resumed the charters. 
 
 “ The system least onerous to the actual settler is, un¬ 
 questionably, the French system of seigneuries. 
 
180 
 
 WASTE LANDS. 
 
 “ The only inconvenience of the system, and that was 
 certainly a very great one, arose out of the civil, and some¬ 
 times criminal jurisdiction attached to the seigneurie. This, 
 however, on the conquest, was removed. 
 
 “ Under this tenure the actual settler had several advan¬ 
 tages. He was not obliged to disburse any money for his 
 land; whatever little stock he possessed might be entirely 
 laid out upon the improvement of his farm. 
 
 “ The seigneur, in certain cases, but not universally, was 
 bound, by the conditions of the original grant, to open a 
 road to communicate from the most remote settlement in his 
 seigneurie to the next concession of ungranted lands therein. 
 He was expected to build a mill, and the rate of mouture 
 was fixed at a lower rate (one-fourteenth) than it now stands 
 at in the United States. Where the greatest competition 
 obtains (one-twelfth), the new settler had the countenance, 
 support, and assistance of the seigneur, who was interested in 
 effecting a settlement to save his seigneurie from forfeiture. 
 And all this was obtained for a moderate annual rent*. 
 
 “ The system of seigneuries is calculated to produce, 
 and has produced in this country, an equal division of the 
 lands— a thing favourable to human happiness, to good 
 morals and industrious habits, to the stability of laws and 
 government, and to the military strength of a country. 
 
 “ The tenure in seigneurie is one which the people of 
 this country understand, and to which they are ac¬ 
 customed. 
 
 “ The religious and social habits of the Canadian agricul¬ 
 turist prevent him from emigrating to the townships. He 
 is there deprived of all the substantial comforts of his reli¬ 
 gion. His child cannot be baptized, nor receive instruction 
 in the principles of his religion ; on the verge of the tomb, 
 
 * I beg the reader to pay particular attention to this passage, as it establishes, 
 in my opinion, without possibility of contradiction, the advantage of one tenure 
 over the other, for the settlement of wild lands. 
 
WASTE LANDS. 
 
 181 
 
 he cannot receive religious consolation. He has no means of 
 attending divine service. 
 
 “ From these causes, your Committee are persuaded that 
 no Canadian settlements could be effected, unless the per¬ 
 manent residence or occasional attendance of a priest could be 
 had at a chapel to be erected therein; and unless a colony of 
 twenty or fifty men, in the habits of previous social intercourse, 
 could be settled together. And your Committee see nothing 
 so likely to produce this, as the erection of a sufficient num¬ 
 ber of seigneuries*, to provide habitations and farms for the 
 surplus population of the country. 
 
 “ For further and valuable information upon this subject, 
 your Committee refer to a paper written and published in 
 the year 1791, which will be found subjoined to this Report 
 under the letter E*f. 
 
 “ Upon the whole, your Committee are of opinion, that 
 the first and principal obstacle which has existed to the 
 settlement of the waste lands of the Crown, has been the 
 neglect of the Colonial Administration to obey the above- 
 mentioned wise and gracious instructions of His Majesty. 
 
 “ ANDREW STUART, Esq. Chairman. 
 
 “ Quebec , February 12, 1821.” 
 
 By this Report and the extracts, which will be 4 founds in 
 the Appendix, from the evidence of the most respectable 
 proprietors of the country, also from the dissent in Council 
 of Mr. Mabane, and more particularly from the very just 
 observations of Mons. Bedard, a most respectable and well- 
 informed priest, it will clearly be demonstrated, that, for the 
 
 • The Committee named by the House of Commons in 1828, to investigate 
 our Canadian affairs, was precisely of the same opinion, as will be seen here¬ 
 after. See Report, July 22. 
 f See Appendix, No. XIV. 
 
182 
 
 WASTE LANDS, 
 
 settlement of a new country, the concession of lands en fief 
 el seigneuries is more advantageous than the tenure of free 
 and common soccage; and that the Local Administration, in 
 recommending to the Imperial Government a change of 
 tenure, must have erred in judgment, or entertained views 
 of private interest . 
 
 Many other persons appeared before the Committee, and 
 all agreed in saying, that the reserves made by the Crown 
 and the clergy, which amount to two-sevenths of the 
 whole waste lands ; the too great extent of land accorded to 
 certain individuals, many of them absent from the province, 
 and taking no means to settle their estates; the fees lately 
 established in the Executive Council; the bad state of the 
 roads, and the want of high roads*, have been the chief 
 causes of so small a number of settlements having been 
 formed by settlers from Great Britain, in the townships of 
 the province of Lower Canada. They also asserted, that the 
 emigrants, being subjected to considerable unexpected ex¬ 
 penses upon their arrival, as well as to delay, sometimes 
 amounting to three months before they can obtain the 
 deeds of their land, and thereby being kept back a whole 
 season, nearly all prefer passing on to the United States, 
 where they eventually settle. And I have also been myself 
 assured, that the few who remain, almost invariably prefer 
 establishing themselves in the seigneuries, to proceeding to 
 the townships. On the other hand, Canadians refuse to 
 settle in these territories, for causes already explained ; but 
 chiefly, in my opinion, from their belief in the superior ad¬ 
 vantages of the tenure en fief over that of free and common 
 soccage , for persons having little or no capital. We ought 
 then to conclude, after what has been explained, that the 
 Local Administration, in recommending this change of 
 tenure, and persisting in that recommendation, in spite of 
 experience, of effects, the most injurious to the interests of 
 
 ♦ The Law of Lower Canada respecting roads extends not to the townships. 
 
WASTE LANDS. 
 
 183 
 
 the country, has, as I said before, either been wanting in 
 judgment or necessary information, or been influenced by 
 views of private interest; which last supposition appears 
 the most reasonable. I hope, therefore, that the Imperial 
 Government will take into its most serious consideration 
 the recommendation of the Select Committee appointed by 
 the House of Commons, which recommendation is con¬ 
 tained in that portion of its Report which relates to the 
 old Canadians. 
 
 “The Committee cannot too strongly express their 
 opinion, that the Canadians of French extraction should in 
 no degree be disturbed in the peaceful enjoyment of their 
 religious laws and privileges, as secured to them by the 
 British Acts of Parliament; and so far from requiring them 
 to hold lands on the British tenure, they think that, when the 
 lands in the seigneuries are fully occupied, if the descendants 
 of the original settlers shall still retain their preference to 
 the tenure enjief et scigneurie , they see no objection to other 
 portions of unoccupied lands in that province being granted 
 to them on that tenure, provided that such lands are apart 
 from, and not intermixed with the townships.” 
 
 The wish of ultimately overthrowing the Catholic religion 
 may, perhaps, also be given as one of the causes of the pro¬ 
 posed alteration of the tenure in the lands in Lcwver Canada. 
 This object has been a phantom followed, if not so openly, 
 with as much zeal, and I may add, as much success, as the 
 reformation in Ireland. Protestant influence near the seat 
 of Government brought forward the idea of making con¬ 
 verts, and every support, though till lately not very osten¬ 
 sible, has been given to the Protestant clergy, to put in 
 action their secret determination; but the usual deference 
 w'as so completely laid aside in the formation of the Royal 
 Institution before mentioned for the establishment of schools, 
 and in the stipulation for furnishing the means to the 
 teachers, that the Canadian population and their worthy 
 pastors became alarmed, and not without cause. It is pleasing 
 
184 
 
 WASTE LANDS. 
 
 however, to observe, that several highly respectable and 
 well-informed Members of the Imperial Parliament appear 
 to coincide with the unprejudiced and well-disposed part of the 
 Canadian population. On the motion of Mr. Wilmot Horton, 
 on the 20th of February, 1827, to introduce a Bill authoris¬ 
 ing the sale of lands, called Clergy Reserves, which we think 
 were unwisely appropriated to the Protestant clergy by the 
 Act of 1791, Mr. Baring said, “that he was entirely op¬ 
 posed to the appropriation of lands to the Protestant clergy 
 in this manner, and that it would cause, finally, in Canada, 
 the same troubles which were now existing in I reland.” Mr. 
 Warburton also observed, very justly, “ that instead of ap¬ 
 plying the produce of these lands to the benefit of the clergy, 
 it ought to be employed in spreading education. The Act of 
 1791, in his opinion, aspired to nothing less than the establish¬ 
 ment of a credence by force, in spite of the people’s opinion.” 
 Mr. Dawson observed, “that there were two great blunders 
 in the Act of 1791. One was the appropriation of a pro¬ 
 vision for a clergy before they had sought to provide any 
 kind of congregation; and the other was, the fixing of lands 
 in ecclesiastical hands to the injury of the land itself.” 
 
 In the disposal of the waste lands, the Crown could not 
 follow a better rule, than always to adopt that method by 
 which they could obtain the greatest return; and if that could 
 be done by conceding the lands en seigneurie , rather than in 
 townships, I see no reasonable objection to the adoption of 
 such a system ; more especially as such a proceeding w r ould 
 give great satisfaction to the people of the province, and 
 would furnish the means of extending the agricultural popu¬ 
 lation, already too much compressed. Besides the advan¬ 
 tages which would result in the shape of an increased 
 revenue, there would also be greater stimulus given to 
 emigration. Many proofs of this proposition can be given 
 in the opinions formed on the matter by the settlers them¬ 
 selves. The following are among many which might be 
 adduced:— 
 
185 
 
 WASTE LANDS. 
 
 M Richard Cough trie, yeoman of Valcartier, in the seigniory 
 of St. Gabriel, appeared before the Committee * :— 
 
 “ Q. When was the settlement of Valcartier commenced? 
 
 u A. In the month of August, 1816. 
 
 “ Q. What distance were the first clearings of Valcartier 
 from the last Canadian settlement ? 
 
 “ A . Six miles. 
 
 “ Q. What was the state of the roads previous to the 
 commencement of that settlement, between the last Canadian 
 settlements and this new establishment ? 
 
 “ A . There was no road passable for a cart, or even for a 
 single horse, these six miles, during the summer season, by 
 reason of the morasses and small streams which intersected 
 this road; these being frozen in the winter, the Canadian 
 settlers were enabled to go a distance of a league and a half 
 this road, which they did for the purpose of getting wood. 
 
 “ Q. What extent of road was made by the grantees of 
 this tract ? 
 
 “ A. Two-thirds of a league. 
 
 €t Q. Did you at any time, and when, make a statistical 
 table of this settlement ? 
 
 “ A. Yes, I assisted in the making out one in the autumn 
 of 1820, and at the request of the grantees I made out 
 another in the month of January, 1821, both of which I 
 have in my possession. 
 
 “ Mr. Cough trie then produced to the Committee the said 
 statistical statements, which are as followeth:— 
 
 See First Report of the Committee of the House of Assembly, page 31. 
 
u 
 
 186 WASTE LANDS. 
 
 STATISTICAL TABLE OF THE SETTLEMENT OF 
 VALCARTIER. 
 
 Names of Householders. 
 
 Houses. 
 
 Children. 
 
 Male. 
 
 Female. 
 
 Servants. 
 
 Males. 
 
 Females. 
 
 Horses. 
 
 Oxen. 
 
 Cows. 
 
 Hogs. 
 
 Lands cleared 
 
 and clearing. 
 
 1st Concession. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Richard Newman, 
 
 
 
 
 
 
 
 
 
 
 
 
 6 
 
 Wm. O’Hara, 
 
 
 
 
 
 
 
 
 
 
 
 
 6 
 
 Barnard O’Hara, 
 
 
 
 
 
 
 
 
 
 
 
 
 6 
 
 Patrick O’Hara, 
 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 Wm. M‘Quillan, 
 
 
 
 
 
 
 
 
 
 
 
 
 8 
 
 John Carney, 
 
 
 
 
 
 
 
 
 
 
 
 
 7 
 
 Lieutenant Harvey, 
 
 
 
 
 
 
 
 
 
 
 
 
 16 
 
 James Carle, 
 
 
 
 
 
 
 
 
 
 
 
 
 6 
 
 • Goff, 
 
 2 
 
 5 
 
 3 
 
 2 
 
 
 
 
 
 
 
 1 
 
 6 
 
 - Watt, 
 
 2 
 
 7 
 
 2 
 
 5 
 
 1 
 
 1 
 
 
 
 
 
 
 10 
 
 
 4 
 
 12 
 
 5 
 
 7 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 75 
 
 2nd Concession. 
 
 
 
 
 
 
 
 
 
 
 
 James Ireland, 
 
 2 
 
 3 
 
 1 
 
 2 
 
 
 
 
 1 
 
 
 1 
 
 2 
 
 12 
 
 - Ord, 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 David Johnson, 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 James Johnson, 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 3 
 
 
 5 
 
 3 
 
 1 
 
 2 
 
 
 
 
 1 
 
 
 1 
 
 ‘2 
 
 23 
 
 3rd Concession. 
 
 
 
 
 
 
 
 
 
 
 
 Francis Barnard, 
 
 2 
 
 
 
 
 
 
 
 
 
 
 
 l 
 
 - Clement, 
 
 2 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 Edward Hunt, 
 
 2 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 John Johnson, 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 Pierre Renaud, 
 
 2 
 
 4 
 
 2 
 
 2 
 
 
 
 
 
 
 
 1 
 
 1 
 
 W. & B. O’Hara, 
 
 5 
 
 3 
 
 1 
 
 2 
 
 2 
 
 1 
 
 1 
 
 2 
 
 4 
 
 8 
 
 6 
 
 80 
 
 Wm. Brown, 
 
 1 
 
 7 
 
 3 
 
 4 
 
 
 
 
 1 
 
 4 
 
 3 
 
 2 
 
 62 
 
 M. Campbell, 
 
 2 
 
 4 
 
 3 
 
 1 
 
 2 
 
 2 
 
 
 2 
 
 1 
 
 3 
 
 5 
 
 50 
 
 "j Occupied by 
 
 
 
 
 
 
 
 
 
 
 
 
 
 J. O’Hara, > 4 Emigrant 
 
 7 
 
 4 
 
 
 4 
 
 
 
 
 
 
 
 
 40 
 
 ) Families. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 A. Buchanan, 
 
 
 
 
 
 
 
 
 
 
 
 
 10 
 
 Henry Patten, 
 
 3 
 
 3 
 
 2 
 
 1 
 
 2 
 
 2 
 
 
 1 
 
 
 4 
 
 3 
 
 30 
 
 John Mather, 
 
 2 
 
 3 
 
 
 3 
 
 
 
 
 
 
 2 
 
 1 
 
 20 
 
 Andrew Kerr, 
 
 2 
 
 2 
 
 
 2 
 
 
 
 
 
 
 
 
 1 
 
 Robert Goodfellow, 
 
 3 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 Mr. Neilson, River side, 
 
 1 
 
 
 
 
 
 
 
 1 
 
 2 
 
 7 
 
 2 
 
 35 
 
 Wm. White, 
 
 2 
 
 
 
 
 2 
 
 2 
 
 
 1 
 
 2 
 
 4 
 
 5 
 
 20 
 
 Wm. White, 
 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 Joseph Pierce, 
 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 John O’Hara, 
 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 Peter Dawsey, 
 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 
 37 
 
 30 
 
 11 
 
 19 
 
 8 
 
 7 
 
 1 
 
 8 
 
 13 
 
 31 
 
 26 
 
 370 
 
WASTE LANDS. 
 
 187 
 
 
 
 
 
 
 
 
 
 
 
 
 
 S3 g 1 
 
 
 
 • 
 
 
 
 
 
 
 
 
 
 
 Jij 
 
 Names of Householders. 
 
 M 
 
 c 
 
 
 6 
 
 Servants 
 
 
 CO 
 
 o 
 
 CO 
 
 
 
 
 Z, ° 
 
 O 
 
 to 
 
 3 
 
 O 
 
 X 
 
 2 
 
 Male. 
 
 'c3 
 
 £ 
 
 o 
 
 &M 
 
 Males 
 
 3 
 
 « 
 
 J- 
 
 O 
 
 a 
 
 Oxen. 
 
 Cows. 
 
 Hogs. 
 
 'w 
 
 Jl 
 
 4th Concession. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Paschal Mercier, 
 
 2 
 
 2 
 
 1 
 
 1 
 
 
 
 
 
 
 1 
 
 1 
 
 5 
 
 Mr. Pozer’s Man, 
 
 2 
 
 6 
 
 4 
 
 2 
 
 
 
 
 2 
 
 2 
 
 1 
 
 6 
 
 50 
 
 - Heney, 
 
 2 
 
 5 
 
 2 
 
 3 
 
 1 
 
 1 
 
 
 1 
 
 4 
 
 3 
 
 4 
 
 36 
 
 Wm. Corrigan, 
 
 1 
 
 
 
 
 3 
 
 
 
 1 
 
 
 6 
 
 
 9 
 
 John 0‘Neil, 
 
 2 
 
 3 
 
 1 
 
 2 
 
 3 
 
 
 4 
 
 4 
 
 30 
 
 Wm. Brown, 
 
 
 
 
 
 
 
 
 
 
 
 
 24 
 
 Richard Ward, 
 
 2 
 
 3 
 
 1 
 
 2 
 
 1 
 
 1 
 
 
 1 
 
 
 2 
 
 4 
 
 14 
 
 John Mather, 
 
 
 
 
 
 
 
 
 
 
 9 
 
 
 20 
 
 John Imrie, 
 
 2 
 
 2 
 
 
 2 
 
 5 
 
 5 
 
 
 1 
 
 3 
 
 6 
 
 40 
 
 Richard Coughtrie, 
 
 1 
 
 
 
 
 
 
 
 2 
 
 
 
 2 
 
 12 
 
 Edward Sweeney, 
 
 2 
 
 7 
 
 4 
 
 3 
 
 1 
 
 1 
 
 
 
 2 
 
 4 
 
 
 20 
 
 James Sweeney, 
 
 2 
 
 2 
 
 1 
 
 1 
 
 2 
 
 2 
 
 
 
 
 2 
 
 
 9 
 
 
 18 
 
 30 
 
 14 
 
 16 
 
 13 
 
 13 
 
 
 8 
 
 15 
 
 28 
 
 27 
 
 260 
 
 5th Concession. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Serjeant Major Wolff, 
 Captain Barrington, 
 
 
 
 
 
 3 
 
 1 
 
 3 
 
 1 
 
 
 
 
 
 
 50 
 
 6 
 
 4. 
 
 John Lavery, 
 
 Richard Coughtrie, 
 
 John Sinclair, 
 
 4 
 
 2 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 1 
 
 
 1 
 
 2 
 
 T 
 
 5 
 
 25 
 
 20 
 
 John Imrie, 
 
 John M‘Cartney, 
 
 2 
 
 4 
 
 1 
 
 3 
 
 
 
 
 1 
 
 
 3 
 
 1 
 
 
 8 
 
 6 
 
 J. B. Noreau, 
 
 2 
 
 2 
 
 1 
 
 1 
 
 
 
 
 
 
 
 James Sweeney, 
 
 Edward Sweeney, 
 
 Richard Ward, 
 
 John O’Neil, 
 
 Several Gentlemen, names 
 
 
 
 
 
 
 
 
 
 
 
 / 
 
 4 
 
 6 
 
 4 
 
 20 
 
 40 
 
 unknown, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 8 
 
 8 
 
 3 
 
 5 
 
 5 
 
 5 
 
 
 2 
 
 
 5 
 
 2 
 
 198 
 
 6th Concession, 
 
 - 
 
 - 
 
 - 
 
 
 - 
 
 - 
 
 - 
 
 
 - 
 
 - 
 
 - 
 
 40 
 
 
 t 
 
 
 
 
 
 
 
 
 
 
 
 n . 
 
 
 o 
 
 Pm 
 
 s 
 
 
 
 
 
 
 
 
 
 
 
 Is 
 
 CONCESSIONS. 
 
 CD 
 
 3 
 
 
 
 S 
 
 
 o 
 
 a5 
 
 
 
 
 
 
 CO 
 
 3 
 
 O 
 
 X 
 
 1 
 
 2 
 
 o 
 
 Male. 
 
 Femali 
 
 3 
 
 rt 
 
 > 
 
 8m 
 
 m 
 
 Male. 
 
 -3 
 
 £ 
 
 CD 
 
 o> 
 
 £ 
 
 o 
 
 a 
 
 Oxen. 
 
 Cows. 
 
 Hogs. 
 
 Jg 73 
 
 C -s 
 
 8 2 
 
 1st Concession, 
 
 4 
 
 12 
 
 5 
 
 7 
 
 1 
 
 1 
 
 
 l 
 
 8 
 
 
 1 
 
 31 
 
 1 
 
 75 
 
 2nd Ditto, 
 
 3rd Ditto, 
 
 4th Ditto, 
 
 5 
 
 37 
 
 3 
 
 30 
 
 1 
 
 11 
 
 2 
 
 19 
 
 8 
 
 7 
 
 1 
 
 13 
 
 2 
 
 26 
 
 23 
 
 370 
 
 18 
 
 30 
 
 14 
 
 16 
 
 13 
 
 13 
 
 
 8 
 
 15 
 
 28 
 
 27 
 
 260 
 
 5th Ditto, 
 
 6th Ditto, 
 
 8 
 
 8 
 
 3 
 
 5 
 
 5 
 
 5 
 
 
 2 
 
 
 5 
 
 2 
 
 190 
 
 40 
 
 
 72 
 
 1 83 
 
 34 
 
 49 
 
 27 
 
 26 
 
 1 
 
 19 
 
 28 
 
 65 
 
 58 
 
 95S 
 
 Lands cleared in the 5th Concession, adjoining 6th Concession, 20 
 Total Number of Souls, 182. Arpents, 078 
 
188 
 
 WASTE LANDS. 
 
 “ Q. Has there been any, and what increase, within the 
 period alluded to ? 
 
 “ A. There has been an increase of sixty souls; there are 
 twenty houses and upwards. The increase of stock is not 
 very considerable. There has been four hundred acres of 
 land cleared and clearing. 
 
 “ Q. Did you act as agent for any individuals who con¬ 
 tracted for the clearing of land there with emigrants ? 
 
 “ A. Yes; I did. 
 
 “ Q. What is the number of emigrants, and the number 
 of their families; and when did they arrive, and from what 
 country came they ? 
 
 “ A. Four men, three women, and four children of the 
 age of seven years; they arrived in the month of November, 
 from Ireland; they were three Protestants, and one Catholic. 
 The gentleman who employed me had, as I understood from 
 him, been requested by the Emigrant Society of Quebec to 
 give each of these four heads of families a job of ten acres, 
 upon four several lots, to clear and fence, for four gentlemen 
 in Quebec, who had undertaken to employ these individuals 
 for this purpose, in consideration of the Committee of the 
 Emigrant Society obtaining from the Commissioners of the 
 Jesuits’ estates a grant of these lots. My duty was, to see 
 that these individuals worked faithfully, and to take care that 
 they should be as little in advance as possible; to communi¬ 
 cate from time to time with the principal respecting their 
 wants; obtain supplies from time to time from Quebec or 
 within the settlement, distribute them amongst them, and 
 keep just and true account. 
 
 “ Q. How were the purchases made ? 
 
 “ A. The pork, which is the most expensive article, was 
 purchased by the barrel at the wholesale price; the flour was 
 bought in the market; and the fish from the wholesale dealers. 
 The pork cost 3d. per pound; fish, 14$. a quintal; flour, 
 10 $. 6d. a quintal; pease, 4$. 6d. per bushel. The costs con¬ 
 stituted the whole amount of the advances, except bedding 
 and blankets, which were also purchased at the lowest prices. 
 
 / 
 
 
WASTE LANDS. 
 
 189 
 
 u Q. What was the amount to be paid to these emigrants, 
 upon the fulfilment of each of their jobs ? 
 
 “ A. Thirty pounds, of which one half could be earned 
 during the winter season. 
 
 “ Q. Does this afford a fair prospect of maintaining them 
 by their labour ? 
 
 “ A. Yes; and upon an average they receive about seven 
 pounds in advance up to this season. 
 
 “ Q. Do you think that an honest and industrious emi¬ 
 grant, obtaining a job of this nature, and a lease upon share 
 of the land cleared by him for a term of three years or more, 
 would have a fair prospect of supporting his family, and 
 becoming himself ultimately a landholder ? 
 
 “ A . Yes. 
 
 “ Q. I believe you are yourself an emigrant; and what 
 country ? 
 
 “ A. Yes; I am from Scotland. 
 
 “ Q. How long have you been in this country; and how 
 long have you been employed since your arrival here ? 
 
 “A. I have been three years in this country in May last. 
 I came out as a hired farm servant to John Neilson, Esq. of 
 this city, and resided with him in that capacity from the time 
 of my arrival to the month of September, 1819. Mr. Neil¬ 
 son, to oblige me, had previously sold to me, at a moderate 
 rate, a farm at Valcartier (upon which there was no clearing), 
 of three arpents in front, upon thirty in depth, where I now 
 reside. I subsequently obtained from the Commissioners of 
 the Jesuits’ estates, in the month of November, 1819, in 
 common with nine others, a lot of ground of three acres 
 in front, by somewhat more than thirty acres in depth, in the 
 fifth concession. 
 
 “ Q. Is this the same fifth concession which is mentioned 
 in the statistical table which you laid before this Committee ? 
 
 “ A. Yes; and all the settlers, except one Canadian, are 
 emigrants from Scotland and Ireland; five of them are 
 Irishmen, four of them Scotchmen : they arrived here chiefly 
 in the year 1818, and they have a fair prospect, by industry 
 
190 
 
 WASTE LANDS. 
 
 and honesty, to become landholders, and to support their 
 families with the produce of their farms*. 
 
 “ Q. In what length of time does an able-bodied emigrant 
 usually learn to chop wood and clear land,and build log houses 
 and barns P 
 
 “ A . In about three months.'” 
 
 Ferdinand Murphy was also examined by the Committee, 
 and said, “ that he belonged to the south of Ireland, and 
 came to Canada in the year 1821. He arrived in Quebec 
 with his sister, and had only twenty-one shillings in money. 
 He went to Valcartier, and chopped and cleared five acres of 
 land, at the rate of three pounds per acre; he had received 
 an advance of provisions, clothes, and other necessaries, 
 amounting to about half the fifteen pounds he was to 
 receive on having completed the job. In the spring he 
 received the balance. Afterwards he took a farm of ninety 
 acres on the Jesuits’ estates, cleared fifty-six acres, and in 
 1827 his crop was 946 bushels of potatoes, the produce of 
 forty-seven bushels planted, 100 bushels of oats, 700 bundles^ 
 of hay, &c. &c. He now has the means of buying cattle, and 
 living comfortably,” &c. &c. 
 
 This evidence will, I hope, suffice to convince my readers 
 that an industrious emigrant, without any other assistance 
 than his own activity, is able to settle upon a seigneurie; 
 and in which, possessing a lot of land of about two acres in 
 breadth and forty or fifty in depth, and for which he pays an 
 exceedingly small rent, say twelve or fifteen shillings, he can 
 provide abundantly for his family at the end of three or four 
 years. On the contrary, to obtain the same quantity of land 
 in the townships, he must of necessity have a large sum of 
 ready money, which, unfortunately, in the greater number 
 of cases, is impossible. Two other objects, of the greatest im¬ 
 portance in a new settlement, are also attained in a seigneurie, 
 
 * The new settlements on Lake Beauport, in Stoneham, St. Patrick, and 
 Port Neuf, are all in a flourishing state, and come in support of the statement 
 made by Coughtrie. 
 
 f A bundle weighs eighteen pounds. 
 
WASTE LANDS. 
 
 191 
 
 viz . a flour mill and a saw-mill; for not only is the seigneur 
 obliged in, most cases, by law, but it is also for his own in¬ 
 terest, to provide the inhabitants with the means of grinding 
 their corn and constructing their houses; which cannot be 
 done in a township till the population is sufficiently dense to 
 pay the proprietor of the mill. 
 
 I must, however, allow that each tenure has advantages 
 and disadvantages not possessed by the other; and that when 
 a country is once settled, the tenure of free and common 
 soccage is probably more advantageous; but that to form, 
 with rapidity, new settlements, the tenure en fief gives to a 
 poor man decided advantages. This, in Lower Canada, has 
 been proved by experience. 
 
 A Bill for the encouragement of emigration passed in 
 both Houses of the Provincial Parliament during the last 
 session, and is one of those reserved for the approbation of 
 His Majesty*. 
 
 * See Appendix, No. XV. 
 
Remedies Proposed. 
 
 A cox vers at ion which occurred during the last meeting 
 of the Imperial Parliament gives us reason to believe that, in 
 the approaching session, some legislative measures will be 
 proposed as a remedy for the evils which now, by all, are 
 allowed to exist in the Canadian Government. For the pur¬ 
 pose of contributing, as far as my humble abilities permit, to 
 the desirable end of improvement, I will endeavour to point 
 out the circumstances which, in my opinion, can alone bring 
 about any beneficial result. 
 
 In every thing I shall here advance, one assumption will, 
 throughout, be kept in view: I shall take it as incontroverti¬ 
 ble, that the interests of England and Canada are identical; 
 that, to promote the welfare of Canada, will never be to 
 oppose that of the mother country; that what injures the 
 former injures the latter; that inasmuch as the welfare of 
 Canada must be in jeopardy while the government is a had 
 one, it is for the interest of England that such government 
 should not exist; that existing, it should he reformed. If, 
 therefore, by any observation, I hereafter prove an institu¬ 
 tion to be advantageous to the colony, as respects its govern¬ 
 ment, I shall consider it useless to prove it useful, or not 
 injurious, to England. It is the intention of England to pro¬ 
 vide for the good government of her colonies; her aid to them 
 is afforded partly for that purpose; never for one opposed 
 to it. A more bitter libel upon the justice of the mother 
 
REMEDIES PROPOSED. 
 
 193 
 
 country could hardly be imagined, than to suppose the as¬ 
 sumption here mentioned, unwarranted. 
 
 If the reader have carefully gone through the statements 
 I have already made, and if he believe those statements 
 to be true, he cannot have failed to perceive that there are 
 two evils in the Canadian Government, both springing from 
 the same source: the one being the hindrance to improve¬ 
 ment, created by the discord existing among the various 
 portions of the Legislature; the other, positive mischief 
 that has been created by the conduct of one section of the 
 Government. The discord and the positive mischief have 
 had their immediate origin in the interests of the Executive 
 Council; which interests have been rendered powerful to 
 bad purposes, by the faulty composition of the Legislative 
 Council. 
 
 From circumstances already explained, the Legislative 
 Council has hitherto been almost entirely composed of 
 persons holding the office of Executive Councillor. The 
 Executive and Legislative Councils have, in fact, been shown 
 to be two bodies differing in name, but identical as to the 
 persons composing them. The immediate consequence of 
 this arrangement has been, to give the Executive Council 
 a power both over the conduct of the Governor and the 
 deliberations of the Legislature; no desire of the Governor, 
 however beneficial, could be carried into execution, when 
 opposed to their wishes; no proposed enactment could 
 receive the sanction of the Legislature, if contrary to their 
 interests. For years this has continued ; while the country 
 was passive or powerless, misconduct in the acting members 
 of the Government was the invariable result: when the 
 country began to exercise the power in the Legislature, 
 wisely conferred by the mother country, confusion, discord, 
 and at length a complete stoppage of the wffiole working 
 of the Government ensued. 
 
 These are the evils complained of—the circumstance here 
 mentioned is the cause of those evils. Now, for the remedies. 
 
 It has been proposed to alter the composition of the 
 
194 
 
 REMEDIES PROPOSED. 
 
 Legislative Council; to make it (like the House of Peers in 
 England) the representation of the landed aristocracy. There 
 is one fatal objection to this proposal: there is no landed aris¬ 
 tocracy in Canada. The seigneurs are not entitled to that 
 appellation ; the rights they possess, hitherto, has conferred 
 on them no political, no monied predominance; they are 
 not richer—they are not more enlightened than some of the 
 other portions of the community ; their rights over the land 
 are not so important as the rights of the tenants; they have 
 not so great an interest in what concerns the land as the 
 tenants who hold under them. If these be the material out of 
 which to form this landed aristocracy, the greatest number of 
 the seigneurs afford it not; we should rather take the vassals 
 as the more eligible, but the vassals are too numerous. There 
 is no reason for choosing one rather than another. The 
 vassals, therefore, cannot properly be used for the purpose of 
 erecting this nobility. 
 
 Suppose, however, that, in spite of these considerations, 
 the seigneurs were constituted the Legislative Council, what 
 would be the result? They either agree with the House of 
 Assembly, or they do not; if they agree, what need is there 
 for this cumbersome and expensive machinery ? They possess 
 no great wealth ; they cannot, therefore, exercise that sort of 
 influence over society and the government which wealth 
 allows. Let not the world here believe that this body would 
 be what its prototype is supposed to be—the encouragers of 
 science; the creators of polished and elegant society ; the 
 supporters of the pleasure-creating arts: they, of necessity, 
 would either be hard-working citizens, or be poorer than the 
 rest of the educated community. Moreover, they would 
 have precisely the same feelings, the same opinions as the 
 House of Assembly ; they would introduce no new element 
 into the composition of the government; it w'ould still be of 
 the same materials, with this difference, it would be more 
 clumsy and expensive. If we suppose this new Legislative 
 Council opposed to the House of Assembly, what then would 
 be the result ? Precisely the same discord as at present; 
 
REMEDIES PROPOSED. 195 
 
 the same hindrance of business; the same ill feeling and 
 jealousy which now exist. The House of Assembly must 
 for years, as at present constituted, represent the community. 
 If the Legislative Council opposed the House, it would 
 oppose the wishes of the community; it could not possibly 
 exercise any influence upon the elections; in spite of all 
 endeavours, the community would return whom they pleased, 
 and thus discord would be insured under this supposition 
 between two members of the Legislature. 
 
 As by this arrangement the council would be composed 
 of hereditary members, the Government of England would 
 find that they had added another difficulty to those now 
 existing in ruling the colony ;—they would find that to all 
 good purposes the council would be an untractable body. 
 If the council differed from the House, it would be on ac¬ 
 count of its own'interests, as opposed to that of the colony 
 generally ; with this class the English Government would 
 have nothin^ in common. The Government would therefore 
 
 O 
 
 meet the council in constant opposition ; and meeting it thus, 
 they would quickly learn, to their own cost, how unyielding 
 an assembly they had unluckily created. The interests 
 of England would, in the eyes of such an hereditary council, 
 be a constant source of jealousy : the council would desire 
 to be dominant—dominant for its own ends ; in this supre¬ 
 macy of rule they would fear and hate so powerful a parti¬ 
 cipant as England; their constant endeavour therefore would 
 be, to rid themselves of this disagreeable compeer ; a constant 
 scene of vexation, trouble, and retardment of business can 
 easily be conceived as resulting from this proposed alteration. 
 
 If, however, it be proposed to render the council an assem¬ 
 blage of persons chosen for life at the will of the King ; and 
 to render it imperative on the Executive to choose the mem¬ 
 bers from the class of seigneurs, some persons may believe 
 all the evils above mentioned to be completely obviated : such 
 would not be the case. One of two sets of circumstances 
 would occur: either the councillors would be kept in the 
 government interest by obtaining the lucrative posts of the 
 
196 
 
 REMEDIES PROPOSED. 
 
 country; or being not so retained and being elected for life, 
 they would be completely independent of the government of 
 England. 
 
 Under the first supposition, the state of things would differ 
 nothing from the present; the government would, in fact, 
 be in the hands, not of the English Ministry, but of a few 
 grasping councillors. England would derive no benefit from 
 the colony, more than at present; she would be hated as the 
 abettor of bad government, and stand in great danger of 
 losing the colony for ever. 
 
 Under the second supposition, the council, being inde¬ 
 pendent of the English ministry, would fall under one of the 
 two states I had before supposed; either being friends and 
 coinciding with the House of Assembly—and then all the 
 uselessness of the council, as then explained, would be mani¬ 
 fest : or it would oppose the House, and then the mischiev¬ 
 ousness before pointed out would result from its establishment; 
 so that a Legislative Council, even under this last arrange¬ 
 ment, is shown either to be useless or mischievous. 
 
 The alteration which T propose is, to abolish the Le¬ 
 gislative Council, and to place the legislative powers in 
 he House of Assembly and the Governor. 
 
 Let us discuss the objections to this proposal. 
 
 It is first objected, that it would be injurious to the inte¬ 
 rests of England. 
 
 To this it may be answered— 1st. That if it be beneficial 
 to the colony, it is but decent to consider it beneficial to 
 England ; for if it be of use to the colony, but mischievous 
 to England, the consequence that England is mischievous to 
 the colony is but too manifest. This, however, is a suppo¬ 
 sition which I cannot for a moment entertain; nor would 
 those, I believe, who put this objection forward: they would 
 not maintain it in so many words, but they constantly sup¬ 
 port the opinion by such statements as the present. England, 
 however, cannot desire such advocacy, or ground her objec¬ 
 tions to the arrangement proposed upon such a plea. How¬ 
 ever, let us for an instant entertain the objection. 
 
 \ 
 
REMEDIES PROPOSED. 197 
 
 9.nd. The interests of England, as connected with the 
 colony, are usually supposed to consist—in the trade 
 carried on with the colony; secondly , in the employment or 
 salaries found in the colony for portions of the English 
 people. How are either of these interests to be injured by 
 the present arrangement ? 
 
 As the trade can only be injured, as far as this alteration 
 is concerned, by a supposed alteration in the laws regulating 
 trade, we must believe that the Governor, who possesses a 
 veto upon all laws, would coincide with the House in making 
 these bad laws; that is, laws bad for England. But this is 
 a monstrous supposition. The Governor is an Englishman 
 invariably; he would possess the power, as at present, to 
 delay or refuse his assent to any law ; and we must believe 
 him to have sufficient sense to perceive that a law does influ¬ 
 ence trade ; and if he knows not what influence it may have, 
 that he would be sufficiently prudent to send to England for 
 instructions how to act. If he have not this prudence, he is 
 a bad Governor; and the evil is not in the frame of the go¬ 
 vernment, but the ill-advised conduct of the Ministry in 
 sending out an incapable servant. In proposing laws, how¬ 
 ever—laws necessary from circumstances newly arisen—it may 
 be said the Governor will be powerless; or if not powerless in 
 proposing, he will be utterly incapable of getting them passed. 
 Powerless, as to proposing laws, he would not be : by mes¬ 
 sage, as at present, he might propose any measure; and as 
 to passing laws, he and the Legislative Council are now 
 equally weak. What assistance does he or the English 
 Ministry derive, to this end, from a Legislative Council ? 
 They do not—they cannot forward a law through the House 
 of Assembly at present. How then can any one believe that 
 the government would, on this head be weaker than at present, 
 supposing the council abolished ? These observations apply 
 to every law, whether regarding trade or any other matter; 
 I will therefore now pass to the second consideration. 
 
 It may be said that the House of Assembly would abolish 
 a large portion of the present offices in the colony, and thus 
 
198 
 
 REMEDIES PROPOSED. 
 
 deprive the English people of the means of deriving support 
 from their Canadian colony. It is somewhat remarkable how 
 all the arguments of the pretended favourers of English in¬ 
 terests invariably insinuate that the dominion of England is 
 a mischievous dominion. In answer to this objection I ask, 
 are the offices now existing necessary or not ? If necessary, 
 what reason has any one to believe that they would not be 
 continued. The House of Assembly has hitherto preserved 
 these offices, having always had the same power to abolish 
 them as would be given to them by the proposed alteration. 
 The House moreover is not entirely destitute of sense, and 
 is as likely to perceive whether an office is or is not neces¬ 
 sary without the assistance of a Legislative Council as with 
 it. If, indeed, the offices are not necessary (and by the 
 manner of those who make this objection, we are led to be¬ 
 lieve such to be their opinion), then they are continued by 
 an evil influence, and for an evil end. The end being, ac¬ 
 cording to these persons, to forward English interests; the 
 consequence, that English interests are mischievous to the 
 colony, is again thrust upon us. But, as before, I will not 
 entertain such an insinuation; I will assume the offices to 
 be necessary offices, and taking the past conduct of the As¬ 
 sembly as an example of its future behaviour, we may fairly 
 assert that the offices being necessary will be continued. So 
 much for the injury to be done to English interests. 
 
 Let us now see the benefits to be derived to the 
 colony. 
 
 1. The first benefit will be, the ridding the colony,of all the 
 load of expense entailed by the mere existence of a double 
 Legislative Assembly. 
 
 The second w r ould be, the exclusion of all persons iu 
 the government, not really interested therein. 
 
 3. The third, the exclusion of such as are improperly 
 interested. 
 
 4. The fourth, the prevention of discord between the 
 different members of the government and the different classes 
 of society. 
 
REMEDIES PROPOSED. 
 
 199 
 
 Of the first benefit I need say nothing; the matter is too 
 obvious to need comment. The remainder need some ex¬ 
 planation. 
 
 The exclusion of persons not really interested in the busi¬ 
 ness of government is an important matter; though not 
 usually esteemed as highly as it deserves. A man not in¬ 
 terested in any proceeding is generally, as regards that 
 proceeding, an idle man; he, by his idleness, delays its 
 execution; moreover, not having much interest in the 
 consideration of questions arising, he takes not the due 
 care to form opinions repecting them. He is also not de¬ 
 sirous of having his opinion opposed or discussed, because 
 trouble is thereby created. He thus usually forms wrong 
 judgments, and is staunch in maintaining them, using, as 
 his means of supporting his own doctrines, the strength of 
 idleness—a dull, silent, dogged opposition. In the present 
 Legislative Council there are some few members placed in 
 this situation. They have little interest in the designs of 
 the major part; they are, therefore, not very actively mis¬ 
 chievous, but generally, from mere habit, and sometimes 
 from a species of sympathy, go with the prevailing party. 
 On such questions as are really open questions, they act 
 as I have described idle men usually to act; not very 
 solicitous whether they come to a right determination, but 
 peculiarly stiff in that which they have first determined to 
 hold. These are excrescences which it would be well to 
 lop off. 
 
 The excluding from the Legislature persons who have a 
 mischievous interest, is a benefit upon which I need not 
 enlarge; neither need I spend much time in endeavouring 
 to show that such persons have existed, and do exist in the 
 present Council. The whole preceding observations of this 
 work have almost all tended to support this proposition : I 
 can add nothing to what has already been advanced; so that 
 if I should now attempt a proof of the matter, I should 
 merely repeat what has already been laid before the reader. 
 It may, however, be well to observe, that this influence of 
 mischievous interest over the determinations of the Legisla- 
 
200 
 
 REMEDIES PROPOSED. 
 
 tive Councils has been the great source of the evils which 
 have hitherto existed in the Canadian Government; that to 
 destroy the influence of such mischievous interest, is to 
 destroy, in fact, the evils resulting from it; that, in truth, the 
 question at present is, not whether the measure I propose 
 will destroy this evil, but whether, in so doing, other and 
 greater evils may not necessarily arise. This question, I 
 believe, I have already settled, by the answers given to ob¬ 
 jections raised upon the matter. One objection, however, 
 remains, which deserves consideration, and which is usually 
 advanced with no small degree of confidence by those who 
 seek to maintain the present mischievous order of things. 
 How, it is asked, are you to prevent discord from arising 
 between the Governor and the House of Assembly, and 
 creating all the mischiefs which now exist in consequence of 
 hindrance to the business of government? The answer is 
 easy. 
 
 The present hindrance arises from an opposition existing 
 among the members of the Legislature ; which opposition is 
 created by a difference of interests in these two branches. It 
 is the interest of one branch to permit the Executive 
 Council to act without control; to derive whatever wealth 
 it possibly can from the country, without being subject to 
 inspection or hindrance: it is the interest of the House of 
 Assembly to prevent this. This difference of interests would 
 not exist between the Governor and the House. The 
 Governor is the representative of England, but England 
 has interests identical with those of the colony; and the 
 interests of the colony are fairly represented by the House 
 of Assembly*. How then can discord arise between the 
 Governor and the House. They may indeed take a different 
 view of the same subject, merely from circumstances uncon¬ 
 nected with interest; but such differences seldom last long, 
 and are not likely to create discord. Discussion must in the 
 
 * If any person assert that the present representation is not a fair one, I 
 answer, make any alteration therein which more nearly approximates to the 
 perfect representation of the interests of every individual in the community. 
 Of the composition of the House of Assembly I shall immediately speak. 
 
 
201 
 
 REMEDIES PROPOSED. 
 
 end put an end to opposition in conclusions, where such 
 opposition is the result solely of the understanding. Truth 
 will eventually prevail over error, when error is not backed 
 by interest. 
 
 It may be said, however, that the Governor will have 
 precisely the same interest to derive wealth from the com¬ 
 munity as have the Legislative and Executive Councils ; 
 and that by this means discord will arise. This, again, is 
 paying a bad compliment to English dominion. How does 
 the Governor possess this interest more than other servants 
 of the public ? And how does it happen that, possessing 
 such an evil interest, he has power to turn it to so bad a 
 purpose as creating discord, and hindering the operations 
 of the Government. In the case of the President of the 
 United States, the same interest must exist; but he does not 
 promote it. Why P Because he would thereby lose the 
 good-will of the country, and would inevitably lose his 
 situation : so with the Governor of Canada; he might 
 possess the same interest, but he would not dare to forward 
 it, because the wisdom and justice of the English Govern¬ 
 ment would produce precisely the same effect as the self- 
 interest of the people of the United States. The English 
 Government would recall an officer who used his power to 
 so bad a purpose. To assert that they would not do so, 
 would be to assert, that the control of the English Ministry 
 over their servant is inferior to the control of the United 
 States people over their servant; it is, in fact, asserting, and 
 that pretty broadly, that the Government of England is not 
 so good a Government as the colony could institute if left 
 to its own guidance; which is again a proposition I can by 
 no means consent to entertain. 
 
 Having discussed the difficulties connected with this part 
 of the subject, I will pass to the consideration of the compo¬ 
 sition of the House of Assembly. 
 
 Among the persons who call themselves Liberals, in 
 Canada, there are two parties; one is composed of a few 
 commercial men of wealth, who have had sufficient penetra- 
 
REMEDIES FROPOSED. 
 
 202 
 
 tion to detect the evils of the present Government, to see 
 that they themselves derive no benefit therefrom; they are 
 therefore opposed to the present Government, and from 
 this opposition are considered persons of liberal feelings. 
 Existing evils pressing upon ourselves, though they make us 
 join with true philanthropists, by no means make us philan¬ 
 thropists ourselves. The desire to benefit the country by op¬ 
 position, and the desire to benefit our own individual interests, 
 may lead to conduct in some cases similar, while opposition 
 is alone concerned ; but when remedies are to be proposed, 
 when, after having pulled down, we are called upon to build 
 up, the plans and behaviour of the merely selfish opposer, and 
 his truly liberal compeer becomes widely different. Among 
 his first class of opposers are to be numbered the party in 
 Canada I have just mentioned; among the second class 
 come the second party above alluded to, viz. such persons who 
 are opposed to the Government, because they deem it inju¬ 
 rious to the general welfare. Two parties thus existing—two 
 parties having such different ends in view, though the means 
 adopted by them have hitherto been the same, it is not to be 
 wondered at, that their plans of reform should be widely dis¬ 
 similar. The first party propose so to regulate the repre¬ 
 sentation of the country, that a large portion of the members 
 should be returned by persons connected with themselves in 
 feelings and interests; the second party propose, that the 
 representation of the country should, in fact, represent the 
 whole people; and, as a means to this end, they propose, 
 that of the population the greater number should have the 
 greatest weight; that regulating the representation by the 
 population, the French Canadians must of necessity be, 
 from their numbers, the persons having the greatest sway 
 in the House of Assembly. Nine-tenths of the people are 
 French Canadians; and it is monstrous, say this second 
 party, to give the last tenth an equal, or more than equal, 
 share in the Government of the country. English interests, 
 meaning thereby the interest of persons speaking English in 
 the colony, ought not, say they, to be dominant; the first 
 
 

 REMEDIES PROPOSED. 203 
 
 party exclaim against this assertion, and when called upon 
 to explain why they oppose so reasonable an opinion, they 
 are obliged to confess, that they believe the English, that is, 
 their own interests, to be of more worth than those of the re¬ 
 maining population; in other words, one-tenth of the popu¬ 
 lation, possessing one-tenth of the whole property of the 
 community, is to be set over and considered of more import¬ 
 ance than the other nine-tenths. To state this monstruous 
 proposition is to refute it. 
 
 What then, I may be asked, is the reform most desirable P 
 My answer is, to make the representation of the people an 
 hourly increasing representation; increasing with the increase 
 of the population, and in precise proportion to that increase. 
 Let this be done without reference to any party, to any sect, 
 to any language. If ever it should happen that the ma¬ 
 jority of the people should be of English extraction, the 
 same principles which now render it just for the French 
 Canadians, being the majority, to be the dominant section, 
 would then render it just that the English Canadians should 
 possess the chief sway. Principles do not change, though 
 our circumstances may ; but men are too apt to use a just 
 principle so long as it accords with their interests, and dis¬ 
 card it so soon as it becomes inconvenient: and it is to be 
 feared that many who now insist on the propriety of the 
 major part of the interests of a country being the subject of 
 major consideration, would, under different circumstances, 
 turn round and desert their principle. I beseech my country¬ 
 men to let no man lead them into this error. That which is 
 just for them to-day, will, under the same circumstances, be 
 just for their neighbour to-morrow. The same principle 
 which ought to govern the representation of the country 
 now, ought to govern it a century hence: the greater 
 number of interests ought to be the subject of greater con¬ 
 sideration. They, however, who would induce the people to 
 believe that the population, because differently descended, 
 have different interests—are enemies to the people—are blind 
 or dishonest guides. My countryman, who dwells in the 
 
204 
 
 REMEDIES PROPOSED. 
 
 u 
 
 J 
 
 i 
 
 s 
 
 1 
 
 township of Godmanchester, has the same interest in good 
 government that I have, who dwell upon the seigneurie 
 of-. He, like myself, wants justice cheap; wants per¬ 
 
 fect protection for his person and his property. He, like me, 
 wants good schools and good roads; wise and frugal repre¬ 
 sentatives. In short, he wants a good government—so do I. 
 In what then do we differ ? He, being an honest man, does 
 not desire to plunder my house : I have no desire to plunder 
 his. He does not wish to disturb me while worshipping 
 according to my religion ; I have no wish to interrupt his 
 prayers. He, if honest, has no desire to make me his slave, 
 to rule over me: I want not to rule over him. All I want, 
 all he wants is, to be peaceful and undisturbed in our honest 
 vocations. Let him not believe that deceitful, treacherous, 
 pretended friend who would teach him any other doctrine. 
 Let him live in good fellowship with his neighbour; and 
 whether that neighbour be a French or Anglo-Canadian, so 
 long as he is one of the people, let him be assured they both 
 have precisely the same interests in common; that they are, 
 in truth, members of the same community. 
 
 T he House of Assembly last year acted upon this prin¬ 
 ciple; and the reader, by turning to the Appendix (No. XV.), 
 will there learn, that a fair representation was by them pro¬ 
 posed, and the Bill, with few amendments from the Legis¬ 
 lative Council, has passed through both Houses, and is one 
 of those left for the approbation of His Majesty.* To the 
 House I would say, persevere in this honest course, and 
 eventually you must succeed. A perfect representation is 
 essential to the happiness of the great majority of the nation ; 
 and, as that nation’s representatives, it is your duty to strive 
 stedfastly for its attainment. To the government of England 
 I sa y>—Abolish the Legislative Council, and you will have 
 done all that is needed of you towards providing for the 
 welfare of Canada. 
 
 It has since received the sanction of His Majesty. 
 
APPENDIX. 
 
 No. r. 
 
 ♦ Different survey* have taken place this year which I have no doubt, when published, 
 will thoroughly corroborate my statement. 
 
 The Saguenay Territory. 
 
 For several reasons, which will appear in the sequel, I think it advantageous 
 to lay before the public information respecting this important part of Lower 
 Canada. To the Government at home, and to settlers, the subject may be 
 properly regarded as one of considerable interest. 
 
 In latitude 48° 2(K north, and 72° 3(y west longitude, in the middle of 
 the course of the river St Lawrence, a little above the isle of Bic, where all 
 vessels coming from Europe, or other parts of the world, can arrive without 
 much danger, even without the aid of pilots, is situated an immense and deep 
 river, called the Saguenay, which takes its principal source in the lake St 
 Jean, which much resembles the lakes so well known in Upper Canada. The 
 mouth of the river Saguenay forms the harbour of Tadousac, wherein ships 
 of the greatest burden can ride with perfect safety in the most tempestuous 
 weather, owing to the high lands by which the harbour is surrounded, and 
 which rise immediately from the water. As I am desirous of giving my 
 readers a particular description of this portion of the country, hitherto most 
 shamefully neglected, but which must, eventually, become of the highest po¬ 
 litical importance*, I shall reserve whatever observations it may be requisite 
 to make for the end of this article, and at present lay before them extracts 
 of the evidence given by different persons before the Committee of the House 
 of Assembly. 
 
 Lieutenant-Colonel Bouchette, Surveyor-General of the province, appeared 
 before the Committee, and said:— 
 
 
 
 
 
 V 
 
 
208 
 
 APPENDIX. 
 
 “ Lower Canada comprehends an extent of territory of 150,000 superficial 
 miles; of that great superficies, not more than about 25,000 to 30,000 may be 
 said to have been explored and tolerably known, and about one-half thereof 
 actually surveyed; therefore, it appears that about four-fifths of Lower 
 Canada remain unexplored and but little known, and even that is obtained 
 from sketches and descriptions through travellers, traders, and aborigines of 
 the soil—the Indians.” 
 
 On referring to the most recent maps of Canada, it will be perceived, how¬ 
 ever, that numerous large rivers flowing towards the St LawTence, and taking 
 their rise in the mountains which divide these waters from those which dis¬ 
 charge themselves into Hudson’s Bay, traverse an immense tract of country, 
 the most considerable of which are the Saguenay, the St. Maurice, and the 
 Grand, or Ottawa river. The Saguenay, which is navigable for large vessels 
 to Chicoutimy, a distance of about ninety miles, and thence, for boats, to lake 
 St. John, fertilizes in its course a wide expanse of country, by innumerable 
 tributary streams and branches on either side, which should form a compara¬ 
 tive view of the extent of territory fit for culture lying along the borders of the 
 St. Lawrence; and its branches possess equal advantages in a proportional 
 degree. The same may be said of the Ottawa, whose principal source rises in 
 lake Temiskaming, traversing (to its confluence into the St. Lawrence) a space 
 of country of about 300 miles. The river St. Maurice, although not so wide 
 as either of the former, w r inds through as great a space of country as the 
 Saguenay. Can it be doubted that, possessing such natural advantages, such 
 exhaustless treasures, that any encouragement held out, with a view of colo¬ 
 nizing that valuable tract of country, would fail in its object ? 
 
 Francois Verrault appeared before the Committee, and said:— 
 
 “ That he was sixty-five years old, and that, from the age of fifteen to last 
 fall, he had remained in the Saguenay country; that the river Saguenay is 
 twenty leagues from its mouth to Chicoutimy, as far as which place the tide 
 extends; the general breadth of the river is three quarters of a league; that it 
 is extremely deep until within three leagues of Chicoutimy.” 
 
 On being asked what streams flowed into the Saguenay or into lake St. John, 
 their length, breadth, depth, and course respectively, how far navigable, and 
 what kind of fish were found in the Saguenay or in lake St. John, or in 
 the streams which empty themselves into either, his answer was:— 
 
 “ There are many: the river St. Marguerite, navigable for canoes through 
 an extent of forty leagues, empties itself into the Saguenay, seven leagues 
 from its mouth on the north side; the river L’Ance St. Jean, navigable for 
 canoes fifteen leagues, empties itself into the Saguenay, on the south side, two 
 leagues above the river St. Marguerite, L’Ance de la Trinite, the Baie des 
 Ha, Ha, the river & Valin, all navigable to canoes, from twelve to fifty leagues, 
 fall into the Saguenay; and many streams in which there is excellent salmon 
 fishery. 
 
 The river Chicoutimy, where the port is situated, flows from the south, is 
 eight arpents wide, and navigable for thirty leagues in canoes. Above the 
 fort of Chicoutimy, the distance, as far as lake St. John, is thirty leagues, by 
 
APPENDIX. 
 
 209 
 
 the Saguenay, which forms the outlet of that lake. The river Chicoutimy is formed 
 by the lake Tsinogomi (long lake), seven leagues long; four rivers, navigable 
 for canoes, empty themselves into this lake, and another into the Saguenay. 
 At the distance of three-quarters of a league another lake is reached, 
 joined by a smaller one and other rivers. Lake St. John is fourteen leagues 
 long and fourteen wide; two leagues from a small river which empties itself 
 into that lake, is a considerable river, navigable for canoes, thirty leagues, 
 and is seven arpents wide; it is called Metabitsliouan , where there is a port. 
 
 u On the north side of lake St. John is the river Piribonea (the curious river); 
 this name is given to that river because its water is clear, and game and fish 
 abound there. It is navigable for canoes, and is situated twelve leagues from 
 the outlet of lake St John. Two leagues higher up is the river Mistassini 
 (the large rock), navigable for forty leagues, at least; by this river, at least 
 forty small lakes and carrying places are passed to reach lake Mistassini, which 
 empties itself into Hudson’s Bay: this lake is at least ninety leagues long, by 
 sixty in breadth, and full of islands; some of these islands are large. Another 
 lake, called Temiskaming (very deep lake), leads towards the ports in the 
 rear of Montreal, but where he had never travelled. In all the lakes and rivers 
 fish abound, that is to say, pike, white fish (three feet long), salmon trout; he 
 had taken some weighing forty-two pounds; another kind of trout, only 
 found in lakes where the water is clear, the Indians called it Maingouche 
 (which means the long fish), it is extremely fat, of excellent flavour, some¬ 
 times two or three feet long and eight inches thick; there is a great deal of 
 poissoji dor6, perchaudes , carp of two kinds, white and red; he had seen red 
 carp two feet and a half long, &c. &c. 
 
 “He had only been seventy leagues from Mistassini; the most common 
 timber along the outlet is red spruce : there is also poplar, birch, and a great 
 deal of swamp spruce. 
 
 “ He had gone round twice to Three Rivers, by the Saguenay.” 
 
 The description of his travelling would not be interesting to the generality 
 of my readers, and therefore I will proceed at once to matters of more general 
 importance. I must observe, however, that the number of lakes and rivers, 
 apparently communicating or at very small distances from each other, men¬ 
 tioned by this witness and many others, is perfectly astonishing, and shows 
 the necessity of exploring and settling, as soon as possible, a country where 
 there seems to be so many natural and local advantages. 
 
 On being asked what was the nature of the soil, and when spring and winter 
 began in the various parts through which he had travelled, his answer was: 
 
 “That the soil about Tadoussac was mere sand, and only fit for the 
 culture of potatoes; on ascending the Saguenay, all the bays and the in¬ 
 terior on both sides consisted of good soil, fit for cultivation; there was little 
 difference between the climate of that place and that of Quebec ; all sorts of 
 pulse, and melons and cucumbers ripened there; towards Chicoutimy, the gen¬ 
 tlemen of that part had gardens which produced cucumbers, melons, onions, 
 and, in a word, every thing that was produced in Quebec; towards lake 
 St. John, and all around it, the lands were excellent; the Jesuits formerly had 
 
210 
 
 APPENDIX. 
 
 a convent and a farm there; some plum, apple, and cherry trees, and some 
 vines planted by them, still exist, and the furrows made by the plough were 
 to be discerned; the settlement is at the entrance of the river Metabitshouan; 
 he had gone fifteen leagues up that river, and found the soil fine and very 
 fit for cultivation, and the climate favourable; for twenty-five leagues, in 
 ascending the rivers Mistassini and Assuapmousoin, which flow into lake 
 St. John, the soil and climate were equally good, &c. &c. It was to be re¬ 
 marked that, although very often the margin of rivers of a certain magnitude 
 did not admit of cultivation, upon removing a little from the shore, or upon 
 passing the mountains which skirt those rivers, there was always found a level 
 country, where the soil was fertile to a very great distance, and the soil along 
 the small rivers, which empty themselves into the larger ones, was invariably 
 good and fertile for a very great distance. 
 
 « From Tadoussac to the foot of the rapids Pemonka , for a tract of 
 seventy-five leagues, there was a great quantity of lofty trees, consisting of 
 white pine, red pine, ash, spruce of every kind, elm, black birch and maple, 
 besides several other kinds of timber, as white birch, poplar, aspin, gray 
 and red spruce, &c. &c.” 
 
 On being asked, if these various timber could be brought, by the several 
 streams he had mentioned, to some place where they might be shipped for 
 exportation by the river St. Lawrence, his answer was:— 
 
 « That timber might be felled on the borders of several rivers which flow 
 into lake St'John and lake Tsinogomi, which, if drifted along the shore of 
 each of those rivers, would of themselves float to Chicoutimy, where vessels 
 may come, and they might be shipped there.” 
 
 According to this testimony, as well as that of many other persons, which 
 testimony need not now be adduced, but can be found upon a reference to the 
 Report, my readers will perceive, that the House of Assembly has omitted no 
 pains to obtain every information possible respecting this part of the country, 
 which, a short time after the discovery of Canada, seriously occupied the 
 attention of the French government, and upon which the Jesuits formed 
 establishments, the remains whereof are yet to be perceived. It is to be 
 regretted, that for the trifling sum of from £1,000 to £1,200 per annum, all 
 the north side of the river St. Lawrence, to the seigneurie Mount Murray, the 
 property of Mr. Fraser, many leagues above the river Saguenay, has, under 
 the title of the King’s posts, together with a large part of the territory called 
 Saguenay territory, been let for so long a period to some Scotch merchants, 
 known under the name of the North-West Company; and it is also a matter of 
 surprise, as well as of blame, that the Government, until Lord Dalhousie’s visit 
 to this section of the country, have voluntarily neglected to make inquiries as 
 to this interesting district Without wishing to enter into the causes of the 
 dispute between Lord Selkirk and the North-West Company, we believe it right 
 to say, that his Lordship’s extraordinary enterprise to the Red River has had 
 the effect of bringing to light circumstances, and destroying prejudices and 
 interest, which have retarded the settlement of lands, the most eligible in the 
 country for the reception of the surplus population of the mother country, 
 
 I T 
 
 
APPENDIX. 
 
 211 
 
 and of awakening the attention of the British Government upon a matter of 
 the highest importance. That his plans were at first represented by certain 
 interested persons as chimerical, need surprise no one: in spite of all oppo¬ 
 sition, however, he surmounted every obstacle, and, by his plan of coloniza¬ 
 tion, destroyed the monopoly of the North-West Company*; which monopoly 
 exercised a pernicious influence over the welfare of the country, tending both 
 to retard its advancement, and demoralize, if we believe the statement of his 
 Lordship, its population. Lord Selkirk, by this hazardous enterprise, united 
 his own and the public interest, and identified himself so much with the 
 welfare of the Canadians, that his death was to them a subject of unfeigned 
 regret We have thought it requisite to mention this circumstance (en 
 passant), in order to make the English public acquainted with the most dis¬ 
 tant causes which have retarded the settlement of the waste lands of the 
 Crown; to give them also a more correct idea of the difficulties to be sur¬ 
 mounted, the prejudices to be combated, and the private interests which are 
 constantly found in opposition to the public welfare. This opposition has 
 unfortunately been the lot of all the colonies; but it is to be hoped that, in time, 
 the evils will become less, that the troubles will cease and animosities be 
 appeased, and that a happy change will be effected by the judicious repre¬ 
 sentations of enlightened persons. 
 
 We now return to the advantages possessed by the harbour of Tadoussac in 
 a political point of view. I pass by the consideration of the advantages pos¬ 
 sessed by various other bays, even up to the river Chicoutimy, for the establish¬ 
 ment of an agricultural population, which might quickly extend to lake St. 
 John, and many other lakes in the same direction, and by this means facilitate 
 the communication of the interior, and at length reach to Montreal and Upper 
 Canada. 
 
 From the facility of its entrance, the river Saguenay ought to be considered 
 as the key of Canada, for it cannot be doubted that a port which is situated 
 thirty-six leagues below Quebec, and which can receive, with perfect ease and 
 safety, vessels of the largest burden—to which vessels may sail without the 
 assistance of a pilot, and which has the advantage over Quebec of being open 
 one month earlier for navigation, must, in time, become a place of the highest 
 consequence, not only in a commercial point, but also of the greatest political 
 importance. In case of a sudden declaration of war by the United States, at 
 a time when supplies could be sent from England by no other route, not even 
 by New Brunswick, this port would be open, and all the necessary succours 
 might be dispatched to any part of the country. All that is needed for this 
 desirable object, is to form settlements at the mouth of the river Saguenay, and 
 the inhabitants would quickly find the means of communicating with the 
 capital, as well as with any other part of the country, in every season of the 
 year. It is known that Quebec is not more than three days’ journey distant 
 from the settlement formerly established by the Jesuits on lake St. John, and 
 
 • Since that period, the North-West Company have been obliged to come to terms 
 with the rival company of the Hudson's Bay, aud finally to unite with them. 
 
212 APPENDIX. 
 
 that the reverend fathers were accustomed to carry on their communication, 
 and even to pass cattle by this route. There are few places in Lower Canada 
 which, all circumstances considered, offer greater advantages to the surplus 
 population of the country, and the emigrants from Great Britain, than are 
 possessed by the Saguenay territory. The fertility of the soil is equal to that 
 of any other part of the country; and the fish of the various rivers and lakes 
 would alone be sufficient to maintain the settlers, during the period they must 
 necessarily wait for returns from their newly-cultivated lands. 
 
 We know that the English Government has received applications from 
 individuals, offering, on reasonable terms, to buy lands in this part of the 
 country, and that to these applications they have not paid the least attention; 
 we nevertheless take the liberty of recommending this matter to their notice, 
 as one deserving the most serious consideration. 
 
 No. II. 
 
 Minerals and other Natural Productions of Canada . 
 
 Messrs. Jackson and Alger have just given an excellent description of the 
 mineralogy and geology of Nova Scotia, and I sincerely lament that it is not in 
 my power to imitate their laudable endeavours; my knowledge, unfortunately, 
 on these important subjects, is not sufficiently extended to enable me to 
 attempt such a task: my present purpose is merely to direct attention, if 
 possible, to the subject, to induce others actually to perform what I can only 
 desire. There are few countries which offer a greater field to scientific 
 research, or more deserving the attention of the natural philosopher, than the 
 Canadas. That the people of the country have hitherto neglected to prosecute 
 researches into such matters, need excite no surprise: education has, compa¬ 
 ratively, made small advances among us: our endeavours hitherto have chiefly 
 been directed to the attainment of the means of subsistence, and we have not 
 yet arrived at that degree of wealth, in which the advancement of science 
 becomes a business by which a man may live. We, however, are tending 
 towards that state ; and the pleasures derived from the acquirement of know¬ 
 ledge are becoming, in a greater degree, an object of desire among the more 
 educated classes of the community. This change will operate in various 
 ways, in directing the attention of all to the various products of our country, 
 which hitherto have been unfortunately neglected. The sciences of mineralogy 
 and geology have not been neglected, however, because deemed unimportant, 
 but because no means of acquiring a knowledge of them has hitherto been 
 within the reach of the Canadian youth. Institutions and professors are 
 wanting; and without these it is difficult, almost impossible, to acquire any 
 thing more than a very superficial knowledge, in matters where great tact and 
 
213 
 
 u 
 
 APPENDIX. 
 
 experience are required to discover the facts upon which the science is built: 
 we are, consequently, far behind the people of Europe. The study ot 
 chemistry has also been greatly neglected, and for the same reason. In 
 botany, greater advances have been made; and the knowledge of the various 
 properties of our indigenous plants is tolerably advanced. Ornithology, not 
 indeed a very important branch of natural philosophy, but still a branch, has, 
 through the activity of a young Canadian, M. Chasseur, made considerable 
 progress. He has already made an exceedingly respectable collection of 
 birds and some other animals, and thus made the first step towards forming 
 a national museum of natural history. 
 
 It has been discovered by those who, from time to time, have made partial 
 researches into the aspect of the country, that there exist mines of iron in 
 abundance*, and that they are almost always accompanied by mines of coal, of 
 an excellent quality. Mines of copper, lead, and even of silver, have also been 
 discovered. Quarries of slate and of marble, of granite, and other stone fit 
 for building, are spread over the whole country. Some few precious stones 
 are sometimes found; and in the district of Gaspe the white and red cornelian 
 are frequently discovered. 
 
 The productions of our forests are too well known to need description ; I 
 will only observe, that vegetables of almost every description are there to be 
 found; that tobacco is cultivated in the country with the greatest success; that 
 the vine also for some years, being cultivated with care, has produced fruit of 
 an excellent description, particularly in the district of Montreal; and that 
 the grape of the indigenous vine, although a little acid, is not disagreeable, 
 more especially after the first frosts of autumn. 
 
 Such part of the natural history of Canada as regards wild animals is that 
 which hitherto has received the greatest attention, on account of the commer¬ 
 cial advantages derived therefrom. The animals which are principally to be 
 found in our woods are stags, elks, deer, bears, foxes, martens, wild cats, ferrets, 
 weasels, squirrels, hares, and rabbits. The southern parts, in particular, breed 
 great numbers of wild bulls, divers sorts of roebucks, goats, wolves, &c. The 
 marshes, lakes, and pools with which this country abounds, swarm with otters 
 and beavers, of which the white are highly valued. The commerce in these 
 articles, however, though at present of importance, must of necessity take a 
 second rank, when compared with other branches which must eventually arise. 
 The productions of agriculture must, ultimately, be the staple commodities of 
 the country; and even now the fisheries might, with care and attention, be 
 made to yield a return far superior to any derived from the trade in peltries. 
 The attention of the Government might well be directed to these matters; and 
 probably would be so, if the disputes which have so long irritated the public, 
 and checked improvement, were happily settled. The time, indeed, appears 
 to have at length arrived when such a fortunate consummation may fairly be 
 expected ; and it will not be among the smallest of the benefits derived from 
 this union, that our trade will be a matter of consideration to the Legislature. 
 
 At Three River*, a large iron founder? has been for years in existence. 
 
(J 
 
 214 appendix. 
 
 No. III. 
 
 Historical and Descriptive Works . 
 
 The best history of Canada extant is that by Father Charlevoix, a Jesuit, 
 born at St Quentin, in 1684, entitled “ Histoire Generate de la Nouvelle 
 France,” in 3 vols. 4to.; or 6 vols. 12mo. Paris, 1744. 
 
 “A Topographical Description of the Province of Lower Canada; with 
 • Remarks upon Upper Canada, and on the relative Connection of both Provinces 
 
 with the United States of America. By Joseph Bouchette, Esq., Surveyor 
 General of Lower Canada,” published in London, in 1815, is an excellent work, 
 already well known in England and all parts of America. With the assistance 
 of his maps, which are upon an extended scale, a person in this country, 
 willing to go and settle in the colony, may find in that work the necessary 
 information to guide him in the choice of a site*. 
 
 “ History of Canada, from its first Discovery to the Peace of 1763. By 
 William Smith, Esq., Clerk of the Parliament, and Master in Chancery of the 
 Province of Lower Canada.” This work was printed in Quebec, in 1815, but 
 did not appear till a few years afterwards. It has its merit, being well com¬ 
 piled, and I can easily believe, as he says himself, that his materials have been 
 collected from the most authentic documents,—the colony records, the Jesuits’ 
 journals, and Charlevoix’s history; but not so easily that he has shown no 
 partiality or prejudice. 
 
 a Memoirs of the Administration of the Colonial Government of Lower 
 Canada, from the Year 1807 to 1820, giving an Account of the late American 
 War, and the Difficulties under which the late unfortunate Sir George Prevost 
 was placed during his Administration. By Robert Christie, Esq., Law Clerk 
 of the House of Assembly.” These Memoirs were published in Quebec ; they 
 are very interesting, and, although intended to please the ruling power, im¬ 
 partially written. 
 
 a L es premiers Rudiments de la Constitution Britannique, traduits de 1’An¬ 
 glais de Mons. Brooke, precedes d’un Precis historique, et suivis ^Observa¬ 
 tions sur la Constitution du Bas-Canada,” is an excellent little work, published 
 in French by Jaques Labrie, Esq., M.P.P.—Montreal, 1827. 
 
 In 1828 appeared, “ The Political Annals of Lower Canada, being a Review 
 of the Political and Legislative History of that Provincea work as full of 
 information as it is of prejudice against the French Canadians. Several 
 English travellers have given an account of the Canadas; but “ Gray’s Letters” 
 are certainly the most correct I have seen, although not divested of prejudice. 
 
 * A new Topographical Description of the province of Lower Canada, with an improved 
 Wap, upon a large scale, will shortly be published in London, by the same Author, 
 under the sanction of the Provincial Government; and, as far as we have been able to 
 judge, highly deserving the attention aud the encouragement of the public. 
 
 
 i r 
 
appendix. 
 
 215 
 
 No. IV. 
 
 Articles of Capitulation agreed on between Gtfn.TowNSHEXD 
 and M. de Ramsay, Commander of Quebec. 
 
 Article 1. M. De Ramsay demands the honours of war for his garrison, 
 and that it shall be conducted back to the army in safety, by the shortest road, 
 with their arms, baggage, six pieces of brass cannon, two mortars or howitzers, 
 and twelve rounds. The garrison of the town, composed of land forces, 
 marines, and sailors, shall march out with their arms and baggage, drums 
 beating, lighted matches, with two pieces of camion and twelve rounds; and 
 shall be embarked as conveniently as possible, in order to be landed at the 
 first port in France. 
 
 Art. 2. That the inhabitants shall be maintained in the possession of 
 their houses, goods, effects, and privileges. 
 
 Granted; provided they lay down their arms. 
 
 Art. 3. That the said inhabitants shall not be molested on account of 
 their having borne arms for the defence of the town, as they were forced to it, 
 and as it is customary for the inhabitants of the colonies of both crowns to 
 serve as militia. 
 
 Granted . 
 
 Art. 4. That the effects belonging to the absent officers, or inhabitants, 
 shall not be touched. 
 
 Granted. 
 
 Art. 5. That the said inhabitants shall not be removed, nor obliged to quit 
 their houses, until their condition shall be settled by a definitive treaty between 
 their Most Christian and Britannic Majesties. 
 
 Granted. 
 
 Art. 6. That the exercise of the Catholic, Apostolic, and Roman religion 
 shall be preserved, and that safeguards shall be granted to the houses of the 
 clergy, and to the monasteries, particularly to the bishop of Quebec, who, 
 animated with zeal for religion and charity for the people of his diocese, 
 desires to reside constantly in it, to exercise freely and with that decency which 
 his character and the sacred mysteries of the Catholic, Apostolic, and Roman 
 religion require, his episcopal authority in the town of Quebec, whenever he 
 shall think it proper, until the possession of Canada shall have been decided 
 by a treaty between their Most Christian and Britannic Majesties. The free 
 exercise of the Roman religion; safeguards granted to all religious persons, 
 as well as to the bishop, who shall be at liberty to come and exercise freely, 
 and with decency, the functions of his office, whenever he shall think proper, 
 until the possession of Canada shall have been decided between their Britannic 
 and Most Christian Majesties. 
 
216 
 
 APPENDIX. 
 
 Art. 7. That the artillery and warlike stores shall be delivered up bonA 
 fide, and an inventory taken thereof. 
 
 Granted. 
 
 Art. 8. That the sick, wounded, commissaries, chaplains, physicians, sur¬ 
 geons, apothecaries, and other persons employed in the hospitals, shall be 
 treated agreeable to the cartel settled between their Most Christian and 
 Britannic Majesties, on the 6th of February, 1759. 
 
 Granted. 
 
 Art. 9. That before delivering up the gate and the entrance of the towns 
 to the English forces, their General will be pleased to send some soldiers, to 
 be placed as safeguards at the churches, convents, and chief habitations. 
 
 Granted. 
 
 Art. 10. That the commander of the city of Quebec shall be permitted to 
 send advice to the Marquess de Vaudreuil, Governor-General, of the reduction 
 of the town; as also this General shall be allowed to write to the French 
 ministry, to inform them thereof. 
 
 Granted. 
 
 Art. 11. That the present capitulation shall be executed according to its 
 form and tenor, without being liable to more execution, under pretence of 
 reprisals, or the non-execution of any preceding capitulation. 
 
 Granted. 
 
 The present treaty has been made and settled between us, and duplicates 
 signed at the camp before Quebec, the 18th day of September, 1759. 
 
 G. TOWNSHEND. 
 
 DE RAMSAY. 
 
 No. V. 
 
 Articles of Capitulation between his Excellency General 
 Amherst, Commander An-Chief of His Britannic Ma¬ 
 jesty's Troops and Forces in North America , and his 
 Excellency the Marquess de Vaudreuil, Grand Cross 
 of the Royal and Military Order of St. Louis , Governor 
 and Lieutenant-General for the King in Canada . 
 
 Article 1. Twenty-four hours after the signing of the present capitulation, 
 the English General shall cause the troops of His Britannic Majesty to take 
 possession of the gates of the town of Montreal; and the English garrison 
 shall not come into the place till after the French troops shall have 
 evacuated it. 
 
217 
 
 APPENDIX. 
 
 The whole garrison of Montreal must lay down their arms, and shall not 
 serve during the present war. Immediately after the signing of the 
 present capitulation, the King's troops shall take possession of the gates , 
 and shall post the guards necessary to preserve good order in the town. 
 
 Art. 2. The troops and the militia, who are in garrison in the towm of 
 
 Montreal, shall go out by the gate of-, with all the honours of war, six 
 
 pieces of cannon, and one mortar, which shall be put on board the vessel 
 where the Marquess de Vaudreuil shall embark, with ten rounds for each 
 piece : the same shall be granted to the garrison of Trois ltividres, as to the 
 honours of war. 
 
 Art. 3. The troops and militia who are in garrison in the fort of Jacques 
 Cartier, and in the island of St Helen, and other forts, shall be treated in 
 the same manner, and shall have the same honours; and these troops shall 
 go to Montreal, or Trois Rivieres, or Quebec, to be there embarked for the 
 tirst sea-port in France, by the shortest way. The troops who are in our 
 posts situated on our frontiers, on the side of Acadia, at Detroit Michili- 
 makinac, and other posts, shall enjoy the same honours, and be treated in 
 the same manner. 
 
 All these troops are not to serve during the present war, and shall likewise 
 lay down their arms. The rest is granted. 
 
 Art. 4. The militia, after being come out of the above towns, forts, and 
 ports, shall return to their homes without being molested, on any pretence 
 whatever, on account of their having carried arms. 
 
 Granted. 
 
 Art. 5. The troops who keep the field shall raise their camp and march, 
 drums beating, with their arms, baggage, and artillery, to join the garrison of 
 Montreal; and shall be treated in every respect the same. 
 
 These troops, as well as the others, must lay down their arms. 
 
 Art. 6 . The subjects of His Britannic Majesty, and of His Most Christian 
 Majesty, soldiers, militia, or seamen, who shall have deserted or left the 
 service of their sovereign, and carried arms in North America, shall be, on 
 both sides, pardoned for their crime; they shall be respectively returned to 
 their country: if not, each shall remain where he is, without being sought 
 after or molested. 
 
 Refused. 
 
 Art. 7. The magazines, the artillery, firelocks, sabres, ammunition of war, 
 and, in general, every thing that belongs to His Most Christian Majesty, as 
 well in the towns of Montreal and Trois RiviSres, as in the forts and posts 
 mentioned in the third article, shall be delivered up, according to exact 
 inventories, to the commissaries who shall be appointed to receive the same, 
 in the name of His Britannic Majesty. Duplicates of the said inventories 
 shall be given to the Marquess de Vaudreuil. 
 
 This is every thing that can be asked on this article. 
 
 Art. 8. The officers, soldiers, militia, seamen, and even the Indians, 
 detained on account of their wounds, or sickness, as well in the hospital as in 
 
u 
 
 218 APPENDIX. 
 
 private houses, shall enjoy the privileges of the cartel, and be treated 
 accordingly. 
 
 The sick and wounded shall be treated the same as our own people. 
 
 Art. 9. The English General shall engage to send back to their own 
 homes the Indians and Moraigans who make part of his armies, immediately 
 after the signing of the present capitulation; and, in the mean time, in order 
 to prevent all disorders on the part of those who may not be gone away, the 
 said General shall give safeguards to such persons as shall desire them, as 
 well in the town as in the country. 
 
 The first part refused.—There never has been amj cruelties committed by 
 the Indians of our army ; and good order shall be presei'ved. 
 
 Art. 10. His Britannic Majesty’s General shall be answerable for all dis¬ 
 orders on the part of his troops, and shall oblige them to pay the damages they 
 may do, as well in the towns as in the country. 
 
 Answered by the preceding Article. 
 
 Art. 11. The English General shall not oblige the Marquess de Vaudreuil 
 
 to leave the town of Montreal before the -; and no person shall be 
 
 lodged in his house till he is gone. The Chevalier Levis, commander of the 
 land forces; the principal officers and majors of the land forces and of the 
 colony troops, the engineers, officers of the artillery, and commissary of war, 
 shall also remain at Montreal till the said day, and shall keep their lodgings 
 there. The same shall be observed with regard to M. Bigot, intendant, the 
 commissaries of marines, and writers, whom the said M. Bigot shall have occa¬ 
 sion for, and no person shall be lodged at the intendant’s house, before he 
 shall be gone. 
 
 The Marquess de Vaudreuiland all those gentlemen shall be masters of their 
 houses, and shall embark when the King's ships shall be ready to sail for 
 Europe , and all possible conveniencies shall be granted them. 
 
 Art. 12 . The most convenient vessel that can be found shall be appointed 
 to carry the Marquess de Vaudreuil, by the straitest passage, to the first sea¬ 
 port in France. The necessary accommodation shall be made for him, the 
 Marquess de Vaudreuil, M. de Rigaud, Governor of Montreal, and suite of this 
 General. The vessel shall be properly victualled at the expense of His 
 Britannic Majesty; and the Marquess de Vaudreuil shall take tvith him his 
 papers, without their being examined; and his equipages, plate, baggage, and 
 also those of his suite. 
 
 Granted: except the archives which shall be necessary for the government 
 of the country. 
 
 Art. 13. If, before or after the embarkation of the Marquess de Vaudreuil, 
 news of peace should arrive, and that by the treaty Canada should remain to 
 His Most Christian Majesty, the Marquis de Vaudreuil shall return to Quebec 
 or Montreal, every thing shall return to its former state under the dominion 
 of His Most Christian Majesty, and the present capitulation shall become null 
 and of no effect. 
 
 Whatever the King may have done on this subject shall be obeyed. 
 
Art. 14. Two ships shall be appointed to carry to France Chevalier de 
 Levis, the principal officers, and the staff of the land forces, the engineers, 
 officers of artillery, and their suite. These vessels shall likewise be victualled, 
 and the necessary accommodations provided in them. The said officers shall 
 take with them their papers, without being examined, and also their equipages 
 and baggage. Such of the said officers as shall be married shall have liberty 
 to take with them their wives and children, who shall also be victualled. 
 
 Granted: except that the Marquess de Vaudreuil and all the officers, of what¬ 
 ever rank they may he, shall faithfully deliver up to us all the charts 
 and plam of the country. 
 
 Art. 15. A vessel shall also be appointed for the passage of M. Bigot, the 
 intendant, with his suite; in which vessel the proper accommodation shall be 
 made for him, and the persons he shall take with him. He shall likewise em¬ 
 bark with him his papers which shall not be examined, his equipages, plate, 
 and baggage, and those of his suite. This vessel shall also be victualled as 
 before mentioned. 
 
 Granted : with the same reserve as in the preceding Article. 
 
 Art. 16. The English General shall also order the necessary and most con¬ 
 venient vessels to carry to France M. de Longuevil, Governor of Trois Rivieres, 
 the staff of the colony, and the commissary of the marine; they shall embark 
 therein their families, servants, baggage, and equipages; and they shall be pro¬ 
 perly victualled during the passage, at the expense of His Britannic Majesty. 
 
 Granted. 
 
 Art. 17. The officers and soldiers, as well of the land forces as of the 
 colony, and also the marine officers and seamen, who are in the colony, shall 
 be likewise embarked for France, and sufficient and convenient vessels shall 
 be appointed for them. The land and sea officers who shall be married shall 
 take with them their families, and all of them shall have liberty to embark their 
 servants and baggage. As to the soldiers and seamen, those who are married 
 shall take with them their wives and children, and all of them shall embark 
 with their havresacks and baggage. These vessels shall be properly and suf¬ 
 ficiently victualled at the expense of His Britannic Majesty. 
 
 Granted. 
 
 Art. 18. The officers, soldiers, and all the followers of the troops who shall 
 have their baggage in the fields, may send for it before they depart without 
 hindrance or molestation. 
 
 Granted. 
 
 Art. 19. An hospital ship shall be provided by the English General, for 
 such of the wounded and sick officers, soldiers, and seamen, as shall be in a 
 condition to be carried to France, and shall likewise be victualled at the ex¬ 
 pense of his Britannic Majesty. 
 
 It shall be the same with regard to the other wounded and sick officers, 
 soldiers and sailors, as soon as they shall be recovered. They shall be at 
 liberty to carry with them their wives, children, servants, and baggage, and the 
 said soldiers and sailors shall not be solicited nor forced to enter into the ser¬ 
 vice of His Britannic Majesty. 
 
 Granted. 
 
220 APPENDIX. 
 
 Art. 20. A commissary and one of the King’s writers shall be left to take 
 care of the hospitals, and of whatever may relate to the service of His Most 
 Christian Majesty. 
 
 Granted. 
 
 Art. 21. The English General shall also provide ships for carrying to 
 France the officers of the Supreme Council of Justice, Police, Admiralty, and 
 all other officers having commissions or brevets from His Most Christian Ma¬ 
 jesty, for them, their families, servants, and equipages, as well as for the other 
 officers; and they shall likewise be victualled at the expense of His Britannic 
 Majesty. They shall, however, be at liberty to stay in the colony, if they think 
 proper, to settle their affairs, or to withdraw to France whenever they think fit. 
 
 Granted : but if they have papers relating to the government of the country 
 they are to be delivered to us. 
 
 Art. 22. If there are any military officers whose affairs should require their 
 presence in the colony till next year, they shall have liberty to stay in it, after 
 having obtained the permission of the Marquess de Yaudreuil for that purpose, 
 and without being reputed prisoners of war. 
 
 All those whose private affairs shall require their stay in the country , and 
 who shall have the Marquess de VaudreuiVs leave for so doing , shall be 
 allowed to remain till their affairs are settled. 
 
 Art. 23. The commissary for the King’s provisions shall be at liberty to 
 stay in Canada till next year, in order to be enabled to answer the debts he 
 has contracted in the colony, on account of what he has furnished; but if he 
 should prefer to go to France this year, he shall be obliged to leave, till next 
 year, a person to transact his business. This private person shall preserve and 
 have liberty to carry off all his papers without being inspected; his clerks 
 shall have leave to stay in the colony or to go to France; and, in this last 
 case, a passage and subsistence shall be allowed them on board the ships of 
 His Britannic Majesty, for them, their families, and their baggage. 
 
 Granted. 
 
 Art. 24. The provisions, and other kind of stores, which shall be found in 
 the magazines of the commissary, as well in the town of Montreal and of 
 Trois Rivi&res as in the country, shall be preserved to him, the said pro¬ 
 visions belonging to him and not to the King, and he shall be at liberty to sell 
 them to the French or to the English. 
 
 Every thing that is actually in the magazines , destined for the use of the 
 troops , is to be delivered to the English commissary for the King's forces. 
 
 Art. 25. A passage to France shall likewise be granted on board of His 
 Britannic Majesty’s ships, as well as victuals, to such officers of the India 
 company as shall be willing to go thither, and they shall take with them their 
 families, servants, and baggage. The chief agent of the said company, in 
 case he should choose to go to France, shall be allowed to leave such person 
 as he shall think proper till next year, to settle the affairs of the said company, 
 and to recover such sums as are due to them. The said chief agent shall keep 
 possession of all the papers belonging to the said company, and they shall not 
 be liable to inspection. 
 
 Granted. 
 
APPENDIX. 
 
 221 
 
 Art. 26. The said company shall be maintained in the property of the 
 ecarlatines and castors which they may have in the town of Montreal; they 
 shall not be touched under any pretence whatever, and the necessary facilities 
 shall be given to the chief agent to send, this year, his castors to France, on 
 board his Britannic Majesty’s ships, paying the freight on the same footing as 
 the English would pay it. 
 
 Granted, with regard to what may belong to the company or to private 
 persons ; but if His Most Christian Majesty has any share in it, that must 
 become the property of the King. 
 
 Art. 27. The free exercise of the Catholic, Apostolic, and Roman religion, 
 shall subsist entire, in such manner, that all the states, and the people of the 
 towns and countries, places and distant posts, shall continue to assemble in 
 the churches, and to frequent the sacraments as heretofore, without being 
 molested in any manner, directly or indirectly. 
 
 These people shall be obliged, by the English Government, to pay to the 
 priests, the tithes and all the taxes they were used to pay under the govern¬ 
 ment of His Most Christian Majesty. 
 
 Granted, as to the free exercise of their religion,—the obligation of paying 
 the tithes to the priests , will depend on the King's pleasure *. 
 
 Art. 28. The chapter, priests, curates, and missionaries, shall continue, 
 with an entire liberty, the exercise and functions of their cures, in the 
 parishes of the towns and countries. 
 
 Granted. 
 
 Art. 29. The grand vicars, named by the chapter to administer to the 
 diocese during the vacancy of the episcopal see, shall have liberty to dwell in 
 the towns or country parishes, as they shall think proper; they shall, at all 
 times, be free to visit the different parishes of the diocese with the ordinary 
 ceremonies, and exercise all the jurisdiction which they exercised under the 
 French dominion; they shall enjoy the same rights in case of death of the 
 future bishop, of which mention will be made in the following article. 
 
 Granted, except what regards the following article. 
 
 Art. 30. If by the treaty of peace Canada should remain in the power of 
 His Britannic Majesty, His Most Christian Majesty shall continue to name 
 the bishop of the colony, who shall always be of the Roman communion, and 
 under whose authority the people shall exercise the Roman religion. 
 
 Refused. 
 
 Art. 31. The bishop shall, in case of need, establish new parishes, and 
 provide for the rebuilding of his cathedral and his episcopal palace ; and, in 
 the mean time, he shall have the liberty to dwell in the towns or parishes, as 
 
 • There is no compulsion resorted to by the priests in the payment of tithes at present 
 in Canada, although we are not certain that they could not put in force the Edit du 
 Conseil Superieur dc Quebec in 1706, sanctioned by the King in 1707, wherein they are 
 entitled to the twenty-sixth bushel of all kiud of grain. It cannot be expected, however, 
 that they can or will perform their various duties without some remuneration, and those 
 who refuse to comply to certain established regulations in the different parishes are, of 
 course, excluded from the pale of the church. Inke all other priesthood, they are exceed¬ 
 ingly jealous of their rights* 
 
222 
 
 APPENDIX. 
 
 he shall judge proper—he shall be at liberty to visit his diocese with the 
 ordinary ceremonies, and exercise all the jurisdiction which his predecessor 
 exercised under the French dominion, save that an oath of fidelity, or a 
 promise to do nothing contrary to His Britannic Majesty’s service, may be 
 required of him. 
 
 This Article is comprised under the foregoing. 
 
 Art. 32. The communities of nuns shall be preserved in their constitutions 
 and privileges; they shall continue to observe their rules; they shall be 
 exempted from lodging any military; and it shall be forbid to trouble them in 
 their religious exercises, or to enter their monasteries. Safeguards shall even 
 be given them, if they desire them. 
 
 Granted. 
 
 Art. 33. The preceding article shall likewise be executed with regard to 
 the communities of Jesuits and Recolets, and of the house of priests of St 
 Sulpice, at Montreal. These last, and the Jesuits, shall preserve their right to 
 nominate to certain curacies and missions as heretofore. 
 
 Refused , till the King's pleasure he known. 
 
 Art. 34. All the communities and all the priests shall preserve their 
 movables, the property and revenues of the seignories, and other estates 
 which they possess in the colony, of what nature soever they be, and the same 
 estates shall be preserved in their privileges, rights, honours, and exemp¬ 
 tions. 
 
 Granted. 
 
 Art. 35. If the canons, priests, missionaries, the priests of the seminary 
 of the foreign missions, and of St. Sulpice, as well as the Jesuits and the 
 Recolets, choose to go to France, a passage shall be granted them in His 
 Britannic Majesty’s ships; and they shall all have leave to sell in whole or 
 in part the estates and movables which they possess in the colonies, either 
 to the French or to the English, without the least hindrance or obstacle from 
 the British Government. They may take with them, or send to France, the 
 produce of what nature soever it be, of the said goods sold, paying the freight, 
 as mentioned in the twenty-sixth article; and such of the said priests who 
 choose to go this year shall be victualled, during the passage, at the expense 
 of His Britannic Majesty, and shall take with them their baggage. 
 
 They shall he masters to dispose of their estates , and to send the produce 
 thereof as well as their persons and all that belongs to them , to France. 
 
 Art. 36. If by the treaty of peace Canada remains to His Britannic 
 Majesty, all the French, Canadians, Acadians, merchants, and other persons, 
 who choose to retire to France, shall have leave to do so from the English 
 General, who shall procure them a passage. And, nevertheless, if from this 
 time to that decision, any French or Canadian merchants, or other persons, 
 shall desire to go to France, they shall likewise have leave from the English 
 General. Both the one and the other shall take with them their families, 
 servants, and baggage. 
 
 Granted. 
 
 Art. 37. The lords of manors, the military and civil officers, the Canadians, 
 
 \ 
 
 
APPENDIX. 
 
 22S 
 
 as well in the towns as in the country, the French, settled or trading in the 
 whole extent of the colony of Canada, and all other persons whatsoever, shall 
 preserve the entire peaceable property and possession of their goods, noble 
 and ignoble, movable and immovable merchandizes, furs, and other effects, 
 even their ships; they shall not be touched, nor the least damage done to 
 them, on any pretence whatsoever. They shall have liberty to keep, let, or 
 sell them, as well to the French as to the English, to take away the produce 
 of them in bills of exchange, furs, specie, or other returns, whenever they 
 shall judge proper to go to France, paying their freight, as in the twenty- 
 sixth article. 
 
 They shall also have the furs which are in the posts above, and which 
 belong to them, and may be on the way to Montreal. And for this purpose 
 they shall have leave to send this year, or the next, canoes, fitted out, to fetch 
 such of the said furs as shall have remained in those posts. 
 
 Granted , as in the twenty-sixth Article . 
 
 Art. 38. All the people who have left Acadia, and who shall be found in 
 Canada, including the frontiers of Canada, on the side of Acadia, shall have 
 the same treatment as the Canadians, and shall enjoy the same privileges. 
 
 The King is to dispose of his ancient subjects; in the mean time they shall 
 enjoy the same privileges as the Canadians. 
 
 Art. 39. None of the Canadians, Acadians, or French, who are now in 
 Canada, and on the frontiers of the colony, on the side of Acadia, Detroit, 
 Michilimakinac, and other places and ports of the countries above, the married 
 and unmarried soldiers remaining in Canada, shall be carried or transported 
 into the English colonies, or to old England, and they shall not be troubled 
 for having carried arms. 
 
 Granted; except with regard to the Acadians. 
 
 Art. 40. The savages, or Indian allies of His Most Christian Majesty, 
 shall be maintained in the lands they inhabit, if they choose to remain there; 
 they shall not be molested on any pretence whatsoever, for having carried 
 arms, and served His Most Christian Majesty ; they shall have, as well as 
 the French, liberty-of religion, and shall keep their missionaries; the actual 
 vicars-general and the bishop, when the episcopal see shall be filled, shall 
 have leave to send them new missionaries, when they shall judge it necessary. 
 
 Granted , except the last Article , which has been already refused. 
 
 Art. 41. The French, Canadians, and Acadians, of what state and con¬ 
 dition soever, who shall remain in the colony, shall not be forced to take arms 
 against His Most Christian Majesty or his allies, directly or indirectly, on 
 any occasion whatsoever: the British Government shall only require of them 
 an exact neutrality. 
 
 They become subjects of the King . 
 
 Art. 42. The French and Canadians shall continue to be governed accord¬ 
 ing to the custom of Paris, and the laws and usages established for this 
 country; and they shall not be subject to any other imposts than those which 
 were established under the French dominion. 
 
 Answered by the preceding Articles , and particularly by the last. 
 
224 
 
 APPENDIX. 
 
 Art. 43. The papers of the Government shall remain, without exception, 
 in the power of the Marquess de Vaudreuil, and shall go to France with him. 
 These papers shall not be examined on any pretence whatsoever. 
 
 Granted, with the reserve already made. 
 
 Art. 44. The papers of the intendancy, of the offices of comptroller of the 
 marine, of the ancient and new treasurers of the King’s magazines, of the 
 office of the revenues, and forges of St. Maurice, shall remain in the power of 
 M. Bigot, the intendant, and they shall be embarked for France in the same 
 vessel with him. These papers shall not be examined. 
 
 The same as to this Article . 
 
 Art. 45. The registers and other papers of the Supreme Council of Quebec, 
 of the prevosti and admiralty of the said city, those of the royal jurisdiction 
 of Trois Rividres and of Montreal, those of the seigneurials jurisdiction of 
 the colony, the minutes of the acts of the notaries of the towns and of the 
 countries, and, in general, the acts and other papers that may serve to prove 
 the fortunes of the citizens, shall remain in the colony, in the rolls of the 
 jurisdictions on which these papers depend. 
 
 Granted. 
 
 Art. 46. The inhabitants and merchants shall enjoy all the privileges of 
 trade, under the same favours and conditions granted to the subjects of His 
 Britannic Majesty, as well in the countries above as in the interior of the 
 colony. 
 
 Granted. 
 
 Art. 47. The negroes and panis of both sexes shall remain in their quality 
 of slaves, in the possession of the French and Canadians to whom they belong; 
 they shall be at liberty to keep them in their service in the colony, or to sell 
 them, and they may also continue to bring them up in the Roman religion. 
 
 Granted; except those who shall have been made prisoners. 
 
 Art. 48. The Marquess de Vaudreuil, the general and staff officers of the 
 land forces, the governors and staff officers of the different places of the colony, 
 the military and civil officers, and all other persons who shall leave the colony, 
 or who are already absent, shall have leave to name and appoint attorneys to 
 act for them, and in their name, in the administration of their effects, movable 
 and immovable, until the peace. And if, by the treaty between the two 
 crowns, Canada does not return under the French dominions, these officers or 
 other persons, or attorneys for them, shall have leave to sell their manors, 
 houses, and other estates, their movables and effects, &c., and to carry away, 
 or send to France, the produce, either in bills of exchange, specie, furs, or 
 other returns, as is mentioned in the thirty-seventh article. 
 
 Granted. 
 
 Art. 49. The inhabitants and other persons, who shall have suffered any 
 damage in their goods, movable or immovable, which remained at Quebec, 
 under the faith of the capitulation of that city, may make their representations 
 to the British Government, who shall render them due justice against the 
 person to whom it shall belong. 
 
 Granted. 
 

 
 Art. 50 and last. The present capitulation shall be inviolably executed in 
 all its articles, and bona fide on both sides, notwithstanding any infraction 
 and any other pretence with regard to the preceding capitulations, and without 
 making use of reprisals. 
 
 Granted. 
 
 P. S. Art. 51. The English General shall engage, in case any Indians 
 remain after the surrender of this town, to prevent their coming into the 
 towns; and that they do not in any manner insult the subjects of His Most 
 Christian Majesty. 
 
 Care shall be taJ:en f that the Indians do not insult any of the subjects of His 
 Most Christian Majesty. 
 
 Art. 52. The troops and other subjects of His Most Christian Majesty, 
 who are to go to France, shall be embarked, at latest, fifteen days after the 
 signing of the present capitulation. 
 
 Answered by the eleventh Article. 
 
 Art. 53. The troops and other subjects of His Most Christian Majesty, 
 who are to go to France, shall remain lodged and encamped in the town of 
 Montreal and other posts which they now occupy, till they shall be embarked 
 for their departure. Passports, however, shall be granted to those who shall 
 want them, for the different places of the colony, to take care of their affairs. 
 
 Granted. 
 
 Art. 54. All the officers and soldiers of the troops in the sendee of France 
 who are prisoners in New England, and who were taken in Canada, shall be 
 sent back as soon as possible to France, where their ransom or exchange shall 
 be treated of agreeable to the cartel; and if any of these officers have affairs 
 in Canada, they shall have leave to come there. 
 
 Granted. 
 
 Art. 55. As to the officers of the militia, the militia, and the Acadians, 
 who are prisoners in New England, they shall be sent back to their own 
 countries. 
 
 Done at Montreal, the 8th of September, 1760. 
 
 VAUDREUIL. 
 
 Granted , except what regards the Acadians. 
 
 Done in the camp before Montreal, the 8th of September, 1760. 
 
 JEFF. AMHERST. 
 
 
 
 ( 
 
226 APPENDIX. 
 
 No. VI. 
 
 14th GEO. III., Cap. 83. 
 
 An Act for making more effectual Provision for the Go¬ 
 vernment of the Province of Quebec in North America . 
 
 Whereas His Majesty, by his royal proclamation, bearing date the 
 seventh day of October, in the third year of his reign, thought fit to declare 
 the provision which had been made in respect to certain countries, territories, 
 and islands in America, ceded to His Majesty by the definitive treaty of 
 peace, concluded at Paris on the tenth day of February, one thousand seven 
 hundred and sixty-three: And whereas, by the arrangements made by the 
 said royal proclamation, a very large extent of country, within which there 
 were several colonies and settlements of the subjects of France, who claimed 
 to remain therein under the faith of the said treaty, was left, without any pro¬ 
 vision being made for the administration of civil government therein; and 
 certain parts of the territory of Canada, where sedentary fisheries had been 
 established and carried on by the subjects of France, inhabitants of the said 
 province of Canada, under grants and concessions from the government 
 thereof, were annexed to the government of Newfoundland, and thereby sub¬ 
 jected to regulations inconsistent with the nature of such fisheries: may it 
 therefore please your Most Excellent Majesty that it may be enacted; and be it 
 enacted by the King’s Most Excellent Majesty, by and with the advice and 
 consent of the Lords Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the same, that all the terri¬ 
 tories, islands, and countries in North America, belonging to the crown of 
 Great Britain, bounded on the south by a line from the bay of Chaleurs, 
 along the high lands which divide the rivers that empty themselves into 
 the river St Lawrence from those which fall into the sea, to a point in forty- 
 five degrees of northern latitude, on the eastern bank of the river Connecti¬ 
 cut, keeping the same latitude directly west, through the lake Champlain, 
 until, in the same latitude, it meets the river St Lawrence; from thence up 
 the eastern bank of the said river to the lake Ontario; thence through the 
 lake Ontario, and the river commonly called Niagara; and thence along by 
 the eastern and south-eastern bank of lake Erie, following the said bank, 
 until the same shall be intersected by the northern boundary, granted by 
 the charter of the province of Pensylvania, in case the same shall be so 
 intersected ; and from thence along the said northern and western boundaries 
 of the said province, until the said western boundary strike the Ohio; but 
 in case the said bank of the said lake shall not be found to be so intersected, 
 then following the said bank until it shall arrive at that point of the said bank 
 which shall be nearest to the north-western angle of the said province of 
 Pensylvania, and thence, by a right line, to the said north-western angle of the 
 said province; and thence along the western boundary of the said province, 
 until it strike the river Ohio; and along the bank of the said river, westward, 
 to the banks of the Mississippi, and northward to the southern boundary of 
 
APPENDIX. 
 
 227 
 
 the territory granted to the merchants adventurers of England trading to 
 Hudson’s Bay; and also all such territories, islands, and countries, which 
 have, since the tenth of February, one thousand seven hundred and sixty- 
 three, been made part of the government of Newfoundland, be, and they are 
 hereby, during His Majesty’s pleasure, annexed to, and made part and parcel 
 of the province of Quebec, as created and established by the said royal pro¬ 
 clamation of the seventh of October, one thousand seven hundred and sixty- 
 three. 
 
 Provided always, that nothing herein contained, relative to the boundary 
 of the province of Quebec, shall in anywise affect the boundaries of any 
 other colony. 
 
 Provided always, and be it enacted, that nothing in this Act contained shall 
 extend, or be construed to extend, to make void, or to vary or alter any right, 
 title, or possession, derived under any grant, conveyance, or otherwise how¬ 
 soever, of or to any lands within the said province, or the provinces thereto 
 adjoining; but that the same shall remain and be in force, and have effect, 
 as if this Act had never been made. 
 
 And whereas the provisions, made by the said proclamation, in respect to 
 the civil government of the said province of Quebec, and the powers and 
 authorities given to the Governor and other civil officers of the said province, 
 by the grants and commissions issued in consequence thereof, have been 
 found, upon experience to be inapplicable to the state and circumstances of 
 the said province, the inhabitants whereof amounted, at the conquest, to 
 above sixty-five thousand persons professing the religion of the church of 
 Rome, and enjoying an established form of constitution and system of laws, 
 by which their persons and property had been protected, governed, and 
 ordered, for a long series of years, from the first establishment of the said 
 province of Canada; be it therefore further enacted by the authority afore¬ 
 said, 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 said province is at present administered, and all and every the ordi¬ 
 nance and ordinances made by the Governor and Council of Quebec for the 
 time being, relative to the civil government and administration of justice in 
 the said province, and all commissions to judges and other officers thereof, 
 be, and the same are hereby revoked, annulled, and made void, from and 
 after the first day of May, one thousand seven hundred and seventy-five. 
 
 And, for the more perfect security and ease of the minds of the inhabitants 
 of the said province, it is hereby declared, that His Majesty’s subjects, pro¬ 
 fessing the religion of the church of Rome, of and in the said province of 
 Quebec, may have, hold, and enjoy, the free exercise of the religion of the 
 church of Rome, subject to the King’s supremacy, declared and established by 
 an Act, made in the first year of the reign of Queen Elizabeth, over all the 
 dominions and countries which then did, or thereafter should belong, to the 
 imperial crown of this realm; and that the clergy of the said church may 
 hold, receive, and enjoy, their accustomed dues and rights, with respect to 
 such persons only as shall profess the said religion. 
 
u 
 
 228 
 
 APPENDIX. 
 
 Provided nevertheless, that it shall be lawful for His Majesty, his heirs or 
 successors, to make such provision out of the rest of the said accustomed 
 dues and rights, for the encouragement of the Protestant religion, and for the 
 maintenance and support of a Protestant clergy within the said province, as 
 he or they shall, from time to time, think necessary and expedient 
 
 Provided always, and be it enacted, that no person, professing the religion 
 of the church of Rome, and residing in the said province, shall be obliged to 
 take the oath required by the said statute passed in the first year of the reign 
 of Queen Elizabeth, or any other oaths substituted by any other Act in the 
 place thereof; but that every such person who by the said statute is required 
 to take the oath therein mentioned, shall be obliged, and is hereby required, 
 to take and subscribe the following oath before the Governor, or such other 
 person in such court of record as His Majesty shall appoint, who are hereby 
 authorized to administer the same; videlicet, 
 
 I, A. B., do sincerely promise and swear, that I will be faithful , and bear true 
 allegiance to His Majesty King George, and him will defend to the utmost of my 
 power, against all traiterous conspiracies and attempts whatsoever, which shall be 
 made against his person, crown, and dignity; and I will do my utmost endeavour 
 to disclose and malce known to His Majesty , his heirs and successors, all treasons, 
 and traiterous conspiracies, and attempts, which I shall know to be against him, 
 or any of them ; and all this I do swear without any equivocation, mental evasion, 
 or secret reservation, and renouncing all pardons and dispensations from any power 
 or person whomsoever to the contrary. 
 
 So help me God. 
 
 And every such person, who shall neglect or refuse to take the said oath 
 before mentioned, shall incur and be liable to the same penalties, forfeitures, 
 disabilities, and incapacities, as he would have incurred and been liable to 
 for neglecting or refusing to take the oath required by the said statute passed 
 in the first year of the reign of Queen Elizabeth. 
 
 And be it further enacted by the authority aforesaid, that all His Majesty’s 
 Canadian subjects within the province of Quebec, the religious orders and 
 communities only excepted, may also hold and enjoy their property and 
 possessions, together with all customs and usages relative thereto, and all 
 other their civil rights, in as large, ample, and beneficial manner, as if the 
 said proclamation, commissions, ordinances, and other acts and instruments, 
 had not been made, and as may consist with their allegiance to His Majesty, 
 and subjection to the Crown and Parliament of Great Britian ; and that in 
 all matters of controversy, relative to property and civil rights, resort shall 
 be had to the laws of Canada, as the rule for the decision of the same; and 
 all causes that shall hereafter be instituted in any of the courts of justice, to 
 be appointed within and for the said province, by His Majesty, his heirs and 
 successors, shall, with respect to such property and rights, be determined 
 agreeably to the said laws and customs of Canada, until they shall be varied or 
 altered by any ordinances that shall, from time to time, be passed in the said 
 
 / 
 
229 
 
 APPENDIX. 
 
 province by the Governor, Lieutenant-Governor, or Commander-in-Chief, 
 for the time being, by and with the advice and consent of the Legislative 
 Council of the same, to be appointed in manner hereinafter mentioned. 
 
 Provided always, that nothing in this Act contained shall extend, or be 
 construed to extend, to any lands that have been granted by His Majesty, 
 or shall hereafter be granted by His Majesty, his heirs and successors, to 
 be holden in free and common soccage. 
 
 Provided also, that it shall and may be lawful to and for every person that 
 is owner of any lands, goods, or credits, in the said province, and that has a 
 right to alienate the said lands, goods, or credits, in his or her life-time, by 
 deed of sale, gift, or otherwise, to devise or bequeath the same at his or her 
 death, by his or her last will and testament; any law, usage, or custom, 
 heretofore or now prevailing in the province to the contrary hereof in anywise 
 notwithstanding; such will being executed, either according to the laws of 
 Canada, or according to the forms prescribed by the laws of England. 
 
 And whereas the certainty and lenity of the criminal law of England, and 
 the benefits and advantages resulting from the use of it, have been sensibly 
 felt by the inhabitants, from an experience of more than nine years, during 
 which it has been uniformly administered ; be it therefore further enacted 
 by the authority aforesaid, that the same shall continue to be administered, 
 and shall be observed as law in the province of Quebec, as well in the des¬ 
 cription and quality of the offence as in the method of prosecution and trial; 
 and the punishments and forfeitures thereby inflicted to the exclusion of every 
 other rule of criminal law, or mode of proceeding thereon, which did or might 
 prevail in the said province before the year of our Lord one thousand seven 
 hundred and sixty-four ; anything in this Act to the contrary thereof in any 
 respect notwithstanding; subject nevertheless to such alterations and amend¬ 
 ments as the Governor, Lieutenant-Governor, or Commander-in-Chief for 
 the time being, by and with the advice and consent of the Legislative Council 
 of the said province, hereafter to be appointed, shall, from time to time, 
 cause to be made therein, in manner hereinafter directed. 
 
 And whereas it may be necessary to ordain many regulations for the future 
 welfare and good government of the province of Quebec, the occasions of which 
 cannot not now be foreseen, nor, without much delay and inconvenience, be 
 provided for, without intrusting that authority, for a certain time, and under 
 proper restrictions, to persons resident there: and whereas it is at present 
 inexpedient to call an Assembly; be it therefore enacted by the authority 
 aforesaid, that it shall and may be lawful for His Majesty, his heirs and suc¬ 
 cessors, by warrant under his or their signet or sign manual, and with the 
 advice of the Privy Council, to constitute and appoint a Council for the affairs 
 of the province of Quebec, to consist of such persons resident there, not ex¬ 
 ceeding twenty-three, nor less than seventeen, as His Majesty, his heirs and 
 successors, shall be pleased to appoint; and, upon the death, removal, or absence, 
 any of the members of the said Council in like manner to constitute and appoint 
 such and so many other person or persons as shall be necessary to supply the 
 vacancy or vacancies ; which Council, so appointed and nominated, or the 
 
230 
 
 APPENDIX. 
 
 major part thereof, shall have power and authority to make ordinances for the 
 peace, welfare, and good government of the said province, with the consent 
 of His Majesty’s Governor, or in his absence of the Lieutenant-Governor, or 
 Commander-in-Chief for the time being. 
 
 Provided always, that nothing in this Act contained shall extend to autho¬ 
 rize or empower the said Legislative Council to lay any taxes or duties within 
 the said province, such rates and taxes only excepted as the inhabitants of 
 any town or district within the said province may be authorized by the said 
 Council to assess, levy, and apply, within the said town or district, for the pur¬ 
 pose of making roads, erecting and repairing public buildings, or for any other 
 purpose respecting the local convenience and economy of such town or district. 
 
 Provided also, and be it enacted by the authority aforesaid, that every or¬ 
 dinance so to be made, shall, within six months, be transmitted by the Gover¬ 
 nor, or in his absence by the Lieutenant-Governor, or Commander-in-Chief 
 for the time being, and laid before His Majesty for his royal approbation ; and 
 if His Majesty shall think fit to disallow thereof, the same shall cease and be 
 void from the time that His Majesty’s order in Council thereupon shall be pro¬ 
 mulgated at Quebec. 
 
 Provided also, that no ordinance touching religion, or by which any punish¬ 
 ment may be inflicted greater than fine or imprisonment for three months, 
 shall he of any force or effect, until the same shall have received His Majesty’s 
 approbation. 
 
 Provided also, that no ordinance shall be passed at any meeting of the 
 Council where less than a majority of the whole Council is present, or at any 
 time except between the first day of January and the first day of May, unless 
 upon some urgent occasion, in which case every member thereof resident at 
 Quebec, or within fifty miles thereof, shall be personally summoned by the 
 Governor, or in his absence by the Lieutenant-Governor, or Commander-in- 
 Chief for the time being, to attend the same. 
 
 And be it further enacted by the authority aforesaid, that nothing herein 
 contained shall extend, or be construed to extend, to prevent or hinder His 
 Majesty, his heirs and successors, by his or their letters patent under the great 
 seal of Great Britain, from erecting, constituting, and appointing such courts 
 of criminal, civil, and ecclesiastical jurisdiction within and for the said province 
 of Quebec, and appointing, from time to time, the judges and officers thereof, 
 as His Majesty, his heirs and successors, shall think necessary and proper 
 for the circumstances of the said province. 
 
 Provided always, and it is hereby enacted, that nothing in this Act contained 
 shall extend, or be construed to extend, to repeal or make void, within the 
 said province of Quebec, any Act or Acts of the Parliament of Great Britain 
 heretofore made, for prohibiting, restraining, or regulating, the trade or com¬ 
 merce of His Majesty’s colonies and plantations in America ; but that all and 
 every the said Acts, and also all Acts of Parliament heretofore made concerning 
 or respecting the said colonies and plantations, shall be, and are hereby de¬ 
 clared to be, in force within the said province of Quebec, and every part thereof. 
 
 
APPENDIX. 
 
 231 
 
 No. VII. 
 
 31st GEO. III., Cap. 31. 
 
 An Act to repeal certain Parts of an Act, passed in the 
 fourteenth Year of His Majesty's Reign , intituled “ An 
 Act for making more effectual Provision for the Govern¬ 
 ment of the Province of Quebec , in North America ; and 
 to make further Provision for the Government of the 
 said Province 
 
 1. Whereas an Act was passed in the fourteenth year of the reign of His 
 present Majesty, intituled, “ An Act for making more effectual provision for 
 the government of the province of Quebec in North Americaand whereas 
 the said Act is in many respects inapplicable to the present condition and 
 circumstances of the said province: and whereas it is expedient and necessary 
 that further provision should now be made for the good government and pros¬ 
 perity thereof: may it therefore please your Most Excellent Majesty that it 
 may be enacted ; and be it enacted by the King’s Most Excellent Majesty, by 
 and with the advice and consent of the Lords Spiritual and Temporal, and 
 Commons, in this present Parliament assembled, and by the authority of 
 the same, that so much of the said Act as in any manner relates to the ap¬ 
 pointment of a Council for the affairs of the said province of Quebec, or to the 
 power given by the said Act to the said Council, or to the major part of them, 
 to make ordinances for the peace, welfare, and good government of the said 
 province, with the consent of His Majesty’s Governor, Lieutenant-Governor, 
 or Commander-in-Chief for the time being, shall be, and the same is hereby 
 repealed. 
 
 2. And whereas His Majesty has been pleased to signify, by his message 
 to both Houses of Parliament, his royal intention to divide his province of 
 Quebec into two separate provinces, to be called the province of Upper Canada, 
 and the province of Lower Canada; be it enacted by the authority aforesaid, 
 that there shall be within each of the said provinces respectively a Legislative 
 Council, and an Assembly, to be severally composed and constituted in the 
 manner hereinafter described; and that in each of the said provinces res¬ 
 pectively His Majesty, his heirs or successors, shall have power, during the 
 continuance of this Act, by and with the advice and consent of the Legislative 
 Council and Assembly of such provinces respectively, to make laws for the 
 peace, welfare, and good government thereof, such laws not being repugnant 
 to this Act; and that all such laws, being passed by the Legislative Council 
 and Assembly of either of the said provinces respectively, and assented to by 
 His Majesty, his heirs or successors, or assented to in His Majesty’s name, 
 
232 
 
 appendix. 
 
 by such person as His Majesty, his heirs or successors, shall from time to time 
 appoint to be the Governor, or Lieutenant-Governor, of such province, or by 
 such person as His Majesty, his heirs or successors, shall from time to time 
 appoint to administer the government within the same, shall be, and the same 
 are hereby declared to be, by virtue of and under the authority of this Act, 
 valid and binding to all intents and purposes whatever, within the province in 
 which the same shall have been so passed. 
 
 3. And be it further enacted, by the authority aforesaid, that for the 
 purpose of constituting such Legislative Council as aforesaid in each of the 
 said provinces respectively, it shall and may be lawful for His Majesty, his 
 heirs or successors, by an instrument under his or their sign manual, to 
 authorize and direct the Governor or Lieutenant-Governor, or person admi¬ 
 nistering the government in each of the said provinces respectively, within 
 the time hereinafter mentioned, in His Majesty’s name, and by an instrument 
 under the great seal of such province, to summon to the said Legislative 
 Council, to be established in each of the said provinces respectively, a suf¬ 
 ficient number of discreet and proper persons, being not fewer than seven, to 
 the Legislative-Council for the province of Upper Canada, and not fewer than 
 fifteen to the Legislative Council for the province of Lower Canada; and that 
 it shall also be lawful for His Majesty, his heirs or successors, from time to 
 time, by an instrument under his or their sign manual, to authorize and direct 
 the Governor or Lieutenant-Governor, or person administering the govern¬ 
 ment in each of the said provinces respectively, to summon to the Legislative 
 Council of such province, in like manner, such other person or persons as 
 His Majesty, his heirs or successors, shall think fit; and that every person 
 who shall be so summoned to the Legislative Council of either of the said 
 provinces respectively, shall thereby become a member of such Legislative 
 Council to which he shall have been so summoned. 
 
 4. Provided always, and be it enacted by the authority aforesaid, that no 
 person shall be summoned to the said Legislative Council, in either of the said 
 provinces, who shall not be of the full age of twenty-one years, and a natural- 
 born subject of His Majesty, or a subject of His Majesty naturalized by Act 
 of the British Parliament, or a subject of His Majesty, having become such by 
 the conquest and cession of the province of Canada. 
 
 5. And be it further enacted by the authority aforesaid, that every member 
 of each of the said Legislative Councils shall hold his seat therein for the term 
 of his life, but subject nevertheless to the provisions hereinafter contained for 
 vacating the same, in the cases hereinafter specified. 
 
 6. And be it further enacted by the authority aforesaid, that whenever His 
 Majesty, his heirs or successors, shall think proper to confer upon any subject 
 of the crown of Great Britain, by letters patent under the great seal of either 
 of the said provinces, any hereditary title of honour, rank, or dignity of such 
 province, descendible according to any course of descent limited in such 
 letters patent, it shall and may be lawful for His Majesty, his heirs or suc¬ 
 cessors, to annex thereto, by the said letters patent, if His Majesty, his heirs 
 or successors, shall so think fit, an hereditary right of being summoned to the 
 
APPENDIX. 
 
 233 
 
 Legislative Council of such province, descendible according to the course of 
 descent so limited with respect to such title, rank, or dignity; and that every 
 person on whom such right shall be so conferred, or to whom such right shall 
 severally so descend, shall thereupon be entitled to demand from the Go¬ 
 vernor, Lieutenant-Governor, or person administering the government of 
 such province, his writ of summons to such Legislative Council, at any time 
 after he shall have attained the age of twenty-one years, subject nevertheless 
 to the provisions hereinafter contained. 
 
 7. Provided always, and be it further enacted by the authority aforesaid, 
 that when and so often as any person to whom such hereditary right shall 
 have descended, shall, without the permission of His Majesty, his heirs or 
 successors, signified to the Legislative Council of the province by the Governor, 
 Lieutenant-Governor, or person administering the government there, have 
 been absent from the said province for the space of four years continually, at 
 any time between the date of his succeeding to such right and the time of his 
 applying for such writ of summons, if he shall have been of the age of twenty- 
 one years or upwards at the time of his so succeeding, or at any time between 
 the date of his attaining the said age and the time of his so applying, if he 
 shall not have been of the said age at the time of his so succeeding; and also 
 when and so often as any such person shall at any time, before his applying 
 for such writ of summons, have taken any oath of allegiance or obedience to 
 any foreign prince or power, in every such case such person shall not be 
 entitled to receive any writ of summons to the Legislative Council by virtue 
 of such hereditary right, unless His Majesty, his heirs or successors, shall at 
 any time think fit, by instrument under his or their sign manual, to direct 
 that such person shall be summoned to the said Council; and the Governor, 
 Lieutenant-Governor, or person administering the government in the said 
 provinces respectively, is hereby authorized and required, previous to granting 
 such writ of summons to any person so applying for the same, to interrogate 
 such person upon oath touching the said several particulars, before such 
 Executive Council as shall have been appointed by His Majesty, his heirs or 
 successors, within such province, for the affairs thereof. 
 
 8. Provided also, and be it further enacted by the authority aforesaid, that 
 if any member of the Legislative Councils of either of the said provinces 
 respectively shall leave such province, and shall reside out of the same for the 
 space of four years continually, without the permission of His Majesty, his 
 heirs or successors, signified to such Legislative Council by the Governor or 
 Lieutenant-Governor, or person administering His Majesty’s Government 
 there, or for the space of two years continually, without the like permission, 
 or the permission of the Governor, Lieutenant-Governor, or person adminis¬ 
 tering the government of such province, signified to such Legislative Council 
 in the manner aforesaid; or if any such member shall take any oath of alle¬ 
 giance or obedience to any foreign prince or power, his seat in such Council 
 shall thereby become vacant. 
 
 9. Provided also, and be it further enacted by the authority aforesaid, that 
 in every case where a writ of summons to such Legislative Council shall have 
 
u 
 
 234 
 
 APPENDIX, 
 
 been lawfully withheld from any person to whom such hereditary right as 
 aforesaid shall have descended, by reason of such absence from the province 
 as aforesaid, or of his having taken an oath of allegiance or obedience to any 
 foreign prince or power; and also in every case where the seat in such 
 Council of any member thereof, having such hereditary right as aforesaid, 
 shall have been vacated by reason of any of the causes hereinbefore specified, 
 such hereditary right shall remain suspended during the life of such person, 
 unless His Majesty, his heirs or successors, shall afterwards think fit to direct 
 that he be summoned to such Council; but that on the death of such person 
 such right, subject to the provisions herein contained, shall descend to the 
 person who shall next be entitled thereto, according to the course of descent 
 limited in the letters patent by which the same shall have been originally 
 conferred. 
 
 10. Provided also, and be it further enacted by the authority aforesaid, 
 that if any member of either of the said Legislative Councils shall be attainted 
 for treason in any court of law within any of His Majesty’s dominions, his 
 seat in such Council shall thereby become vacant, and any such hereditary 
 right as aforesaid then vested in such person, or to be derived to any other 
 persons through him, shall be utterly forfeited and extinguished. 
 
 11. Provided also, and be it further enacted by the authority aforesaid, 
 that whenever any question shall arise respecting the right of any person to 
 be summoned to either of the said Legislative Councils respectively, or re¬ 
 specting the vacancy of the seat in such Legislative Council of any person 
 having been summoned thereto, every such question shall, by the Governor 
 or Lieutenant-Governor of the province, or by the person administering the 
 government there, be referred to such Legislative Council, to be by the said 
 Council heard and determined ; and that it shall and may be lawful either for 
 the person desiring such writ of summons, or respecting whose seat such 
 question shall have arisen, or for His Majesty’s Attorney-General of such 
 province in His Majesty’s name, to appeal from the determination of the said 
 Council, in such case, to His Majesty, in his Parliament of Great Britain; 
 and that the judgment thereon of His Majesty, in his said Parliament, shall 
 be final and conclusive to all intents and purposes whatever. 
 
 12. And be it further enacted by the authority aforesaid, that the Governor 
 or Lieutenant-Governor of the said provinces respectively, or the person 
 administering His Majesty’s government therein respectively, shall have 
 power and authority from time to time, by an instrument under the great seal 
 of such province, to constitute, appoint, and remove the Speakers of the 
 Legislative Councils of such provinces respectively. 
 
 13. And be it further enacted by the authority aforesaid, that, for the pur¬ 
 pose of constituting such Assembly as aforesaid, in each of the said provinces 
 respectively, it shall and may be lawful for His Majesty, his heirs or suc¬ 
 cessors, by an instrument under his or their sign manual, to authorize and 
 direct the Governor or Lieutenant-Governor, or person administering the 
 government in each of the said provinces respectively, within the time herein¬ 
 after mentioned, and thereafter, from time to time, as occasion shall require, 
 
appendix. 
 
 235 
 
 in His Majesty’s name, and by an instrument under the great seal of such 
 province, to summon and call together an Assembly in and for such province. 
 
 14. And be it further enacted by the authority aforesaid, that, for the pur¬ 
 pose of electing the members of such Assemblies respectively, it shall and 
 may be lawful for His Majesty, his heirs or successors, by an instrument 
 under his or their sign manual, to authorize the Governor or Lieutenant- 
 Governor of each of the said provinces respectively, or the person adminis¬ 
 tering the government therein, within the time hereinafter mentioned, to 
 issue a proclamation dividing such province into districts, or counties, or 
 circles, and towns or townships, and appointing the limits thereof, and de¬ 
 claring and appointing the number of representatives to be chosen by each of 
 such districts, or counties, or circles, and towns or townships respectively; 
 and that it shall also be lawful for His Majesty, his heirs or successors, to 
 authorize such Governor or Lieutenant-Governor, or person administering 
 the government, from time to time, to nominate and appoint proper persons 
 to execute the office of returning officer in each of the said districts, or 
 counties, or circles, and towns or townships respectively; and that such 
 division of the said provinces into districts, or counties, or circles, and towns 
 or townships, and such declaration and appointment of the number of repre¬ 
 sentatives to be chosen by each of the said districts, or counties, or circles, 
 and towns or townships respectively, and also such nomination and appoint¬ 
 ment of returning officers in the same, shall be valid and effectual to all the 
 purposes of this Act, unless it shall at any time be otherwise provided by any 
 Act of the Legislative Council and Assembly of the province, assented to by 
 His Majesty, his heirs or successors. 
 
 15. Provided nevertheless, and be it further enacted by the authority 
 aforesaid, that the provision hereinbefore contained, for empowering the 
 Governor, Lieutenant-Governor, or person administering the government of 
 the said provinces respectively, under such authority as aforesaid from His 
 Majesty, his heirs or successors, from time to time, to nominate and appoint 
 proper persons to execute the office of returning officer in the said districts, 
 counties, circles, and towns or townships, shall remain and continue in force 
 in each of the said provinces respectively, for the term of two years, from and 
 after the commencement of this Act, within such province, and no longer; 
 but subject, nevertheless, to be sooner repealed or varied by any Act of the 
 Legislative Council and Assembly of the province, assented to by His Majesty, 
 his heirs or successors. 
 
 16. Provided always, and be it further enacted by the authority aforesaid, 
 that no person shall be obliged to execute the said office of returning officer 
 for any longer time than one year, or oftener than once, unless it shall at any 
 time be otherwise provided by any Act of the Legislative Council and 
 Assembly of the province, assented to by His Majesty, his heirs or successors. 
 
 17. Provided also, and be it enacted by the authority aforesaid, that the 
 whole number of members to be chosen in the province of Upper Canada 
 shall not be less than sixteen, and that the whole number of members to be 
 chosen in the province of Low r er Canada shall not be less than fifty. 
 
236 
 
 APPENDIX. 
 
 18. And be it further enacted by the authority aforesaid, that writs for the 
 election of members to serve in the said Assemblies respectively shall be 
 issued by the Governor, Lieutenant-Governor, or person administering His 
 Majesty’s government within the said provinces respectively, within fourteen 
 days after the sealing of such instrument as aforesaid for summoning and 
 calling together such Assembly, and that such writs shall be directed to the 
 respective returning officers of the said districts, or counties, or circles, and 
 towns or townships, and that such writs shall be made returnable within 
 fifty days at farthest from the day on which they shall bear date, unless it shall 
 at any time be otherwise provided by any Act of the Legislative Council and 
 Assembly of the province, assented to by His Majesty, his heirs or successors; 
 and that writs shall in like manner and form be issued for the election of 
 members in the case of any vacancy which shall happen by the death of the 
 person chosen, or by his being summoned to the Legislative Council of either 
 province, and that such writs shall be made returnable within fifty days at 
 farthest from the day on which they shall bear date, unless it shall at any time 
 be otherwise provided by any Act of the Legislative Council and Assembly of 
 the province, assented to by His Majesty, his heirs or successors; and that in 
 the case of any such vacancy which shall happen by the death of the person 
 chosen, or by reason of his being so summoned as aforesaid, the writ for the 
 election of a new member shall be issued within six days after the same shall 
 be made known to the proper office for issuing such writs of election. 
 
 19. And be it further enacted by the authority aforesaid, that all and every 
 the returning officers so appointed as aforesaid, to whom any such w r rits as 
 aforesaid shall be directed, shall, and they are hereby authorized and required 
 duly to execute such writs. 
 
 20. And be it further enacted by the authority aforesaid, that the members 
 for the several districts, or counties, or circles of the said provinces respec¬ 
 tively, shall be chosen by the majority of votes of such persons as shall 
 severally be possessed, for their own use and benefit, of lands or tenements 
 within such district, or county, or circle, as the case shall be, such lands being 
 by them held in freehold, or in fief, or in roture, or by certificate derived under 
 the authority of the Governor and Council of the province of Quebec, and 
 being of the yearly value of forty shillings sterling, or upwards, over and 
 above all rents and charges payable out of or in respect of the same; and that 
 the members for tlie several towns or townships within the said provinces 
 respectively shall be chosen by the majority of votes of such persons as either 
 shall severally be possessed, for their own use and benefit, of a dwelling house 
 and lot of ground in such town or township, such dwelling house and lot 
 of ground being by them held in like manner as aforesaid, and being of the 
 yearly value of five pounds sterling, or upwards, or, as having been resident 
 within the said town or township for the space of twelve calendar months 
 next before the date of the wTit of summons for the election, shall bond fide 
 have paid one year’s rent for the dwelling house in which they shall have so 
 resided, at the rate of ten pounds sterling per annum, or upwards. 
 
 21. Provided always, and be it further enacted by the authority aforesaid. 
 
APPENDIX. 
 
 237 
 
 that no person shall be capable of being elected a member to sen e in either of 
 the said Assemblies, or of sitting or voting therein, who shall be a member of 
 either of the said Legislative Councils to be established as aforesaid in the 
 said two provinces, or who shall be a minister of the church of England, or 
 a minister, priest, ecclesiastic, or teacher, either according to the rites of the 
 church of Rome, or under any other form or profession of religious faith 
 or worship. 
 
 22. Provided also, and be it further enacted by the authority aforesaid, 
 that no person shall be capable of voting at any election of a member to serve 
 in such Assembly, in either of the said provinces, or of being elected at any 
 such election, who shall not be of the full age of twenty-one years, and a 
 natural-bom subject of His Majesty, or a subject of His Majesty naturalized 
 by Act of the British Parliament, or a subject of His Majesty, having become 
 such by the conquest and cession of the province of Canada. 
 
 23. And be it also enacted by the authority aforesaid, that no person shall 
 be capable of voting at any election of a member to serve in such Assembly, 
 in either of the said provinces, or of being elected at any such election, who 
 shall have been attainted for treason or felony in any court of law within any 
 of His Majesty’s dominions, or who shall be within any description of persons 
 disqualified by any Act of the Legislative Council and Assembly of the 
 province, assented to by His Majesty, his heirs or successors. 
 
 24. Provided also, and be it further enacted by the authority aforesaid, 
 that every voter, before he is admitted to give his vote at any such election, 
 shall, if required by any of the candidates, or by the returning officer, take 
 the following oath, which shall be administered in the English or French 
 language, as the case may require:— 
 
 7, A. B., do declare and testify, in the presence of Almighty God, that I am, 
 to the best of my knowledge and belief, of the full age of twenty-one years, and 
 that I have not voted before at this election. 
 
 And that every such person shall also, if so required as aforesaid, make oath, 
 previous to his being admitted to vote, that he is, to the best of his knowledge 
 and belief, duly possessed of such lands and tenements, or of such a dwelling- 
 house and lot of ground, or that he has bonh fide been so resident, and paid 
 such rent for his dwelling-house, as entitles him, according to the provisions 
 of this Act, to give his vote at such election for the county, or district, or 
 circle, or for the town or township for which he shall offer the same. 
 
 25. And be it further enacted by the authority aforesaid, that it shall and 
 may be lawful for His Majesty, his heirs or successors, to authorize the 
 Governor or Lieutenant-Governor, or person administering the government 
 within each of the said provinces respectively, to fix the time and place of 
 holding such elections, giving not less than eight days’ notice of such time, 
 subject nevertheless to such provisions as may hereafter be made in these 
 respects by any Act of the Legislative Council and Assembly of the proyince, 
 assented to by His Majesty, his heirs or successors. 
 
238 APPENDIX. 
 
 26. And be it further enacted by the authority aforesaid, that it shall and 
 may be lawful for His Majesty, his heirs or successors, to authorize the 
 Governor or Lieutenant-Governor of each of the said provinces respectively, 
 or the person administering the government therein, to fix the places and 
 times of holding the first and every other session of the Legislative Council 
 and Assembly of such province, giving due and sufficient notice thereof, and 
 to prorogue the same from time to time, and to dissolve the same, by pro¬ 
 clamation or otherwise, whenever he shall judge it necessary or expedient. 
 
 27. Provided always, and be it enacted by the authority aforesaid, that the 
 said Legislative Council and Assembly, in each of the said provinces, shall be 
 called together once at the least in every twelve calendar months, and that 
 every Assembly shall continue for four years from the day of the return of the 
 writs for choosing the same, and no longer, subject nevertheless to be sooner 
 prorogued or dissolved by the Governor or Lieutenant-Governor of the 
 province, or person administering His Majesty’s government therein. 
 
 28. And be it further enacted by the authority aforesaid, that all questions 
 which shall arise in the said Legislative Councils or Assemblies respectively, 
 shall be decided by the majority of voices of such members as shall be present; 
 and that in all cases where the voices shall be equal, the Speaker of such 
 Council or Assembly, as the case shall be, shall have a casting voice. 
 
 29. Provided always, and be it enacted by the authority aforesaid, that no 
 member, either of the Legislative Council or Assembly, in either of the said 
 provinces, shall be permitted to sit or to vote therein until he shall have taken 
 and subscribed the following oath, either before the Governor or Lieutenant- 
 Governor of such province, or person administering the government therein, 
 or before some person or persons authorized by the said Governor or Lieu¬ 
 tenant-Governor, or other person as aforesaid, to administer such oath, and 
 that the same shall be administered in the English or French language, as the 
 case may require. 
 
 Iy A. B., do sincerely promise and swear, that I will he faithful, and bear true 
 allegiance to His Majesty King George, as lawful Sovereign of the Kingdom of 
 Great Britain, and of these Provinces dependant on and belonging to the said 
 Kingdom; and that I will defend him to the utmost of my power against all 
 traiterous conspiracies and attempts whatever, which shall be made against his 
 person, crown, and dignity; and that I will do my utmost endeavour to disclose 
 and make known to His Majesty, his heirs or successors, all treasons and trai¬ 
 terous conspiracies and attempts which I shall know to be against him, or atiy of 
 them : and all this I do swear without any equivocation, mental evasion, or secret 
 reservation , and renouncing all pardons and dispensations from any person or 
 power whatever to the contrary. 
 
 So help me God. 
 
 30. And be it further enacted by the authority aforesaid, that whenever 
 any Bill which has been passed by the Legislative Council, and by the House 
 of Assembly, in either of the said provinces respectively, shall be presented, 
 
APPENDIX. 
 
 239 
 
 for His Majesty’s assent, to the Governor or Lieutenant-Governor of such 
 province, or to the person administering His Majesty’s government therein, 
 such Governor or Lieutenant-Governor, or person administering the govern¬ 
 ment, shall, and he is hereby authorized and required to declare, according 
 to his discretion, but subject nevertheless to the provisions contained in this 
 Act, and to such instructions as may from time to time be given in that 
 behalf by His Majesty, his heirs or successors, that he assents to such Bill in 
 His Majesty’s name, or that he withholds His Majesty’s assent from such 
 Bill, or that he reserves such Bill for the signification of His Majesty’s 
 pleasure thereon. 
 
 31. Provided always, and be it further enacted by the authority aforesaid, 
 that whenever any Bill, which shall have been so presented for His Majesty’s 
 assent to such Governor, Lieutenant-Governor, or person administering the 
 government, shall, by such Governor, Lieutenant-Governor, or person admi¬ 
 nistering the government, have been assented to in His Majesty’s name, such 
 Governor, Lieutenant-Governor, or person as aforesaid, shall, and he is 
 hereby required, by the first convenient opportunity, to transmit to one of 
 His Majesty’s principal Secretaries of State an authentic copy of such Bill 
 so assented to; and that it shall and may be lawful, at any time within two 
 years after such Bill shall have been so received by such Secretary of State, 
 for His Miyesty, his heirs or successors, by his or their order in Council, to 
 declare his or their disallowance of such Bill; and that such disallowance, 
 together with a certificate, under the hand and seal of such Secretary of State, 
 testifying the day on which such Bill was received as aforesaid, being signified 
 by such Governor, Lieutenant-Governor, or person administering the govern¬ 
 ment, to the Legislative Council and Assembly of such province, or by 
 proclamation, shall make void and annul the same, from and after the date of 
 such signification. 
 
 32. And be it further enacted by the authority aforesaid, that no such Bill, 
 which shall be so reserved for the signification of His Majesty’s pleasure 
 thereon, shall have any force or authority within either of the said provinces 
 respectively, until the Governor or Lieutenant-Governor, or person adminis¬ 
 tering the government, shall signify, either by speech or message, to the 
 Legislative Council and Assembly of such province, or by proclamation, that 
 such Bill has been laid before His Majesty in Council, and that His Majesty 
 has been pleased to assent to the same; and that an entry shall be made, in 
 the journals of the said Legislative Council, of every such speech, message, 
 or proclamation; and a duplicate thereof, duly attested, shall be delivered to 
 the proper officer, to be kept amongst the public records of the province : 
 and that no such Bill, which shall be so reserved as aforesaid, shall have any 
 force or authority within either of the said provinces respectively, unless His 
 Majesty’s assent thereto shall have been so signified as aforesaid, within the 
 space of two years from the day on which such Bill shall have been presented 
 for His Majesty’s assent to the Governor, Lieutenant-Governor, or person 
 administering the government of such province. 
 
 33. And be it further enacted by the authority aforesaid, that all laws, 
 
240 
 
 APPENDIX. 
 
 statutes, and ordinances, which shall be in force on the day to be fixed in the 
 manner hereinafter directed for the commencement of this Act, within the 
 said provinces, or either of them, or in any part thereof respectively, shall 
 remain and continue to be of the same force, authority, and effect, in each of 
 the said provinces respectively, as if this Act had not been made, and as if 
 the said province of Quebec had not been divided; except in so far as the 
 same are expressly repealed or varied by this Act, or in so far as the same 
 shall or may hereafter, by virtue of and under the authority of this Act, be 
 repealed or varied by His Majesty, his heirs or successors, by and with the 
 advice and consent of the Legislative Councils and Assemblies of the said 
 provinces respectively, or in so far as the same may be repealed or varied by 
 such temporary laws or ordinances as may be made in the manner herein¬ 
 after specified. 
 
 34. And whereas by an ordinance passed in the province of Quebec, the 
 Governor and Council of the said province were constituted a court of civil 
 jurisdiction, for hearing and determining appeals in certain cases therein 
 specified, be it further enacted by the authority aforesaid, that the Governor, 
 or Lieutenant-Governor, or person administering the government of each of 
 the said provinces respectively, together with such executive Council as shall 
 be appointed by His Majesty for the affairs of such province, shall be a court 
 of civil jurisdiction, within each of the said provinces respectively, for hearing 
 and determining appeals within the same, in the like cases, and in the like 
 manner and form, and subject to such appeal therefrom, as such appeals 
 might before the passing of this Act have been heard and determined by the 
 Governor and Council of the province of Quebec; but subject nevertheless to 
 such further or other provisions as may be made in this behalf, by any Act of 
 tho Legislative Council and Assembly of either of the said provinces respec¬ 
 tively, assented to by His Majesty, his heirs or successors. 
 
 35. And whereas, by the above-mentioned Act, passed in the fourteenth 
 year of the reign of his present Majesty, it was declared, that the clergy of the 
 Church of Rome, in the province of Quebec, might hold, receive, and enjoy 
 their accustomed dues and rights, with respect to such persons only as should 
 profess the said religion; provided nevertheless, that it should be lawful for 
 His Majesty, his heirs or successors, to make such provision out of the rest 
 of the said accustomed dues and rights, for the encouragement of the Protes¬ 
 tant religion, and for the maintenance and support of a Protestant clergy 
 within the said province, as he or they should from time to time think neces¬ 
 sary and expedient: and whereas by His Majesty’s royal instructions, given 
 under His Majesty’s royal sign manual on the third day of January, in the 
 year of our Lord, one thousand seven hundred and seventy-five, to Guy 
 Carleton, esquire, now Lord Dorchester, at that time His Majesty’s Captain- 
 General and Governor-in-Chief in and over His Majesty’s province of Quebec, 
 His Majesty was pleased, amongst other things, to direct, “ that no incum¬ 
 bent professing the religion of the church of Rome, appointed to any parish 
 in the said province, should be entitled to receive any tithes for lands or pos¬ 
 sessions occupied by a Protestant, but that such tithes should be received by 
 
APPENDIX. 
 
 241 
 
 such persons as the said Guy Carleton, esquire, His Majesty’s Captain- 
 General and Governor-in-Chief in and over His Majesty’s said province of 
 Quebec, should appoint, and should be reserved in the hands of His Majesty’s 
 Receiver-General of tire said province, for the support of a Protestant clergy 
 in His Majesty’s said province, to be actually resident within the same, and 
 not otherwise, according to such directions as the said Guy Carleton, esquire, 
 His Majesty’s Captain-General and Governor-in-Chief in and over His 
 Majesty’s said province, should receive from His Majesty in that behalf; and 
 that in like manner all growing rents and profits of a vacant benefice should, 
 during such vacancy, be reserved for and applied to the like uses:” and 
 whereas His Majesty’s pleasure has likewise been signified to the same effect 
 in His Majesty’s royal instructions, given in like manner to Sir Frederick 
 Haldimand, knight of the most honourable Order of the Bath, late His 
 Majesty's Captain-General and Governor-in-Chief in and over His Majesty’s 
 said province of Quebec; and also in His Majesty’s royal instructions, given 
 in like manner to the said Right Honourable Guy Lord Dorchester, now His 
 Majesty’s Captain-General and Governor-in-Chief in and over His Majesty’s 
 said province of Quebec; be it enacted by the authority aforesaid, that the 
 said declaration and provision contained in the said above-mentioned Act, 
 and also the said provision so made by His Majesty in consequence thereof, 
 by his instructions above recited, shall remain and continue to be of full force 
 and effect in each of the said two provinces of Upper Canada and Lower 
 Canada respectively, except in so far as the said declaration or provisions 
 respectively, or any part thereof, shall be expressly varied or repealed by any 
 Act or Acts which may be passed by the Legislative Council and Assembly 
 of the said provinces respectively, and assented to by His Majesty, his heirs or 
 successors, under the restriction hereinafter provided. 
 
 36. And whereas His Majesty has been graciously pleased, by message to 
 both Houses of Parliament, to express his royal desire to be enabled to make 
 a permanent appropriation of lands in the said provinces, for the support and 
 maintenance of a Protestant clergy within the same, in proportion to such 
 lands as have been already granted within the same by His Majesty: and 
 whereas His Majesty has been graciously pleased, by his said message, further 
 to signify his royal desire, that such provision may be made, with respect to 
 all future grants of land within the said provinces respectively, as may best 
 conduce to the due and sufficient support and maintenance of a Protestant 
 clergy within the said provinces, in proportion to such increase as may happen 
 in the population and cultivation thereof: therefore, for the purpose of more 
 effectually fulfilling His Majesty’s gracious intentions as aforesaid, and of 
 providing for the due execution of the same in all time to come, be it enacted 
 by the authority aforesaid, that it shall and may be lawful for His Majesty, 
 his heirs or successors, to authorize the Governor or Lieutenant-Governor of 
 each of the said provinces respectively, or the person administering the 
 government therein, to make, from and out of the lands of the Crown within 
 such provinces, such allotment and appropriation of lands, for the support 
 and maintenance of a Protestant clergy within the same, as may bear a due 
 
242 
 
 appendix 
 
 proportion to the amount of such lands within the same as have at any time 
 been granted by or under the authority of His Majesty: and that whenever 
 an y grant of lands within either of the said provinces shall hereafter be made, 
 by or under the authority of His Majesty, his heirs or successors, there shall 
 at the same time be made, in respect of the same, a proportionable allotment 
 and appropriation of lands for the above-mentioned purpose, within the 
 township or parish to which such lands so to be granted shall appertain or be 
 annexed, or as nearly adjacent thereto as circumstances will admit; and that 
 no such grant shall be valid or effectual unless the same shall contain a specifi¬ 
 cation of the lands so allotted and appropriated, in respect of the lands to be 
 thereby granted; and that such lands, so allotted and appropriated, shall be, 
 as nearly as the circumstances and nature of the case will admit, of the like 
 quality as the lands in respect of which the same are so allotted and appro¬ 
 priated, and shall be, as nearly as the same can be estimated at the time ot 
 making such grant, equal in value to the seventh part of the lands so granted. 
 
 37. And be it further enacted by the authority aforesaid, that all and every 
 the rents, profits, or emoluments, which may at any time arise from such lands 
 so allotted and appropriated as aforesaid, shall be applicable solely to the 
 maintenance and support of a Protestant clergy within the province in which 
 the same shall be situated, and to no other use or purpose whatever. 
 
 38. And be it further enacted by the authority aforesaid, that it shall and 
 may be lawful for His Majesty, his heirs or successors, to authorize the Go¬ 
 vernor or Lieutenant-Governor of each of the said provinces respectively, or 
 the person administering the government therein, from time to time, with the 
 advice of such Executive Council as shall have been appointed by His 
 Majesty, his heirs or successors, within such province, for the affairs thereof, 
 to constitute and erect, within every township or parish which now is or here¬ 
 after may be formed, constituted, or erected within such province, one or more 
 parsonage or rectory, or parsonages or rectories, according to the establish¬ 
 ment 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 so allotted and appropriated 
 as aforesaid, in respect of any lands within such township or parish, which 
 shall have been granted subsequent to the commencement of this Act, or of 
 such lands as may have been allotted and appropriated for the same purpose, 
 by or in virtue of any instruction which may be given by His Majesty, in 
 respect of any lands granted by His Majesty before the commencement of 
 this Act, as such Governor, Lieutenant-Governor, or person administering the 
 government shall, with the advice of the said Executive Council, judge to be 
 expedient under the then existing circumstances of such township or parish. 
 
 39. And be it further enacted by the authority aforesaid, that it shall and 
 may be lawful for His Majesty, his heirs or successors, to authorize the Go¬ 
 vernor, Lieutenant-Governor, or person administering the government of each 
 of the said provinces respectively, to present to every such parsonage or 
 rectory an incumbent or minister of the church of England, who shall have 
 been duly ordained according to the rites of the said church, and to supply 
 
 
APPENDIX. 
 
 243 
 
 from time to time such vacancies as may happen therein; and that every 
 person so presented to any such parsonage or rectory, shall hold and enjoy the 
 same, and all rights, profits, and emoluments thereunto belonging or granted, 
 as fully and ample, and in the same manner, and on the same terms and con¬ 
 ditions, and liable to the performance of the same duties, as the incumbent 
 of a parsonage or rectory in England. 
 
 40. Provided always, and be it further enacted by the authority aforesaid, 
 that every such presentation of an incumbent or minister to any such parsonage 
 or rectory, and also the enjoyment of any such parsonage or rectory, and of the 
 rights, profits, and emoluments thereof, by any such incumbent or minister, 
 shall be subject and liable to all rights of institution, and all other spiritual 
 and ecclesiastical jurisdiction and authority, which have been lawfully granted 
 by His Majesty’s royal letters patent to the Bishop of Nova Scotia, or which 
 may hereafter, by His Majesty’s royal authority, be lawfully granted or ap¬ 
 pointed to be administered and executed within the said provinces, or either 
 of them respectively, by the said Bishop of Nova Scotia, or by any other 
 person or persons, according to the laws and canons of the church of England, 
 which are lawfully made and received in England. 
 
 41. Provided always, and be it further enacted by the authority aforesaid, 
 that the several provisions hereinbefore contained, respecting the allotment 
 and appropriation of lands for the support of a Protestant clergy within the 
 said provinces, and also respecting the constituting, erecting, and endowing 
 parsonages or rectories within the said provinces, and also respecting the 
 presentation of incumbents or ministers to the same, and also respecting the 
 manner in ■which such incumbents or ministers shall hold and enjoy the same, 
 shall be subject to be varied or repealed by any express provisions for that 
 purpose, contained in any Act or Acts which may be passed by the Legislative 
 Council and Assembly of the said provinces respectively, and assented to by His 
 Majesty, his heirs or successors, under the restriction hereinafter provided. 
 
 42. Provided nevertheless, and be it further enacted by the authority 
 aforesaid, that whenever any Act or Acts shall be passed by the Legislative 
 Council and Assembly of either of the said provinces, containing any 
 provisions to vary or repeal the above-recited declaration and provision 
 contained in the said Act, passed in the fourteenth year of the reign of his 
 present Majesty; or to vary or repeal the above-recited provision contained 
 in His Majesty’s royal instructions, given on the third day of January, in 
 the year of our Lord, one thousand seven hundred and seventy-five, to the 
 said Guy Carleton, esquire, now Lord Dorchester; or to vary or repeal the 
 provisions hereinbefore contained for continuing the force and effect of the 
 said declaration and provisions; or to vary or repeal any of the several pro¬ 
 visions hereinbefore contained respecting the allotment and appropriation of 
 lands for the support of a Protestant clergy within the said provinces; or 
 respecting the constituting, erecting, or endowing parsonages or rectories 
 within the said provinces; or respecting the presentation of incumbents or 
 ministers to the same ; or respecting the manner in which such incumbents or 
 ministers shall hold and enjoy the same: and also that whenever any Act or 
 
244 
 
 APPENDIX 
 
 Acts shall be so passed, containing any provisions which shall in any manner 
 relate to or affect the enjoyment or exercise of any religious form or mode of 
 worship; or shall impose or create any penalties, burdens, disabilities, or 
 disqualifications in respect of the same; or shall in any manner relate to or 
 affect the payment, recovery, or enjoyment of any of the accustomed dues or 
 rights hereinbefore mentioned ; or shall in any manner relate to the granting, 
 imposing, or recovering any other dues, or stipends, or emoluments whatever, 
 to be paid to or for the use of any minister, priest, ecclesiastic, or teacher, 
 according to any religious form or mode of worship, in respect of his said 
 office or function; or shall in any manner relate to or affect the establishment 
 or discipline of the church of England, amongst the ministers and members 
 thereof within the said provinces; or shall in any manner relate to or affect 
 the King’s prerogative touching the granting the waste lands of the Crown 
 within the said provinces; every such Act or Acts shall, previous to any 
 declaration or signification of the King’s assent thereto, be laid before both 
 Houses of Parliament in Great Britain; and that it shall not be lawful for 
 His Majesty, his heirs or successors, to signify his or their assent to any such 
 Act or Acts, until thirty days after the same shall have been laid before the 
 said Houses, or to assent to any such Act or Acts, in case either House of 
 Parliament shall, within the said thirty days, address His Majesty, his heirs 
 or successors, to withhold his or their assent from such Act or Acts; 
 and that no such Act shall be valid or effectual to any of the said purposes, 
 within either of the said provinces, unless the Legislative Council and 
 Assembly of such province shall, in the session in which the same shall have 
 been passed by them, have presented to the Governor, Lieutenant-Governor, 
 or person administering the government of such province, an address or 
 addresses, specifying that such Act contains provisions for some of the 
 said purposes hereinbefore specially described, and desiring that, in order 
 to give effect to the same, such Act should be transmitted to England without 
 delay, for the purpose of being laid before Parliament previous to the signi¬ 
 fication of His Majesty’s assent thereto. 
 
 43. 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 free and common soccage, in like manner as lands are 
 now holden in free and common soccage, in that part of Great Britian 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, the same 
 shall be so granted; but subject nevertheless to such alterations, with respect 
 to the nature and consequences of such tenure of free and common soccage, 
 as may be established 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 Assembly of the province. 
 
 44. And be it further enacted by the authority aforesaid, that if any person 
 or persons holding any lands in the said province of Upper Canada, by virtue 
 of any certificate of occupation derived under the authority of the Governor 
 
APPENDIX. 
 
 245 
 
 I 
 
 and Council of the province of Quebec, and having power and authority to 
 alienate the same, shall at any time, from and after the commencement of 
 this Act, surrender the same into the hands of His Majesty, his heirs or 
 successors, by petition to the Governor or Lieutenant-Governor, or person 
 administering the government of the said province, setting forth that he, 
 she, or they, is or are desirous of holding the same in free and common 
 soccage, such Governor or Lieutenant-Governor, or person administering 
 the government, shall thereupon cause a fresh grant to be made to such 
 person or persons of such lands, to be holden in free and common soccage. 
 
 45. Provided nevertheless, and be it further enacted by the authority 
 aforesaid, that such surrender and grant shall not avoid or bar any right 
 or title to any such lands so surrendered, or any interest in the same, to 
 which any person or persons, other than the person or persons surrendering 
 the same, shall have been entitled, either in possession, remainder, or re¬ 
 version, or otherwise, at the time of such surrender; but that every such 
 surrender and grant shall be made subject to every such right, title, and 
 interest, and that every such right, title, or interest shall be as valid and 
 effectual as if such surrender and grant had never been made. 
 
 46. And whereas by an Act passed in the eighteenth year of the reign of 
 His present Majesty, intituled, an Act for removing all doubts and appre¬ 
 hensions concerning taxation by the Parliament of Great Britian, in any of 
 the colonies, provinces, and plantations in North America, and the West 
 Indies; and for repealing so much of an Act, made in the seventh year of 
 the reign of His present Majesty, as imposes a duty on tea imported from 
 Great Britain into any colony or plantation in America, or relates thereto, 
 it has been declared, “ that the King and Parliament of Great Britian will 
 not impose any duty, tax, or assessment whatever, payable in any of His 
 Majesty’s colonies, provinces, and plantations in North America or the 
 West Indies, except only such duties as it may be expedient to impose for 
 the regulation of commerce, the nett produce of such duties to be always paid 
 and applied to and for the use of the colony, province, or plantation in which 
 the same shall be respectively levied, in such manner as other duties col¬ 
 lected by the authority of the respective general courts or general assemblies 
 of such colonies, provinces, or plantations, are ordinarily paid and applied 
 and whereas it is necessary, for the general benefit of the British Empire, 
 that such power of regulation of commerce should continue to be exercised 
 by His Majesty, his heirs or successors, and the Parliament of Great Britian, 
 subject nevertheless to the condition hereinbefore recited, with respect to the 
 application of any duties which may be imposed for that purpose: be it 
 therefore enacted by the authority aforesaid, that nothing in this Act con¬ 
 tained shall extend, or be construed to extend, to prevent or affect the 
 execution of any law which hath been or shall at any time be made by His 
 Majesty, his heirs or successors, and the Parliament of Great Britain, for 
 establishing regulations or prohibitions, or for imposing, levying, or col¬ 
 lecting duties for the regulation of navigation, or for the regulation of the 
 commerce to be carried on between the said two provinces, or between either 
 
u 
 
 24 6 APPENDIX. 
 
 of the said provinces and any other 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 of drawbacks of such duties so 
 imposed, or to give to His Majesty, his heirs or successors, any power or 
 authority, by and with the advice and consent of such Legislative Councils 
 and Assemblies respectively, to vary or repeal any such law or laws, or 
 any part thereof, or in any manner to prevent or obstruct the execution 
 thereof. 
 
 47. Provided always, and be it enacted by the authority aforesaid, that 
 the nett produce of all duties which shall be so imposed shall at all times 
 hereafter be applied to and for the use of each of the said provinces res¬ 
 pectively, and in such manner 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 Assembly of such 
 province. 
 
 48. And whereas, by reason of the distance of the said provinces from this 
 country, and of the change to be made by this Act in the government thereof, 
 it may be necessary that there should be some interval of time between the 
 notification of this Act to the said provinces respectively, and the day of its 
 commencement within the said provinces respectively : be it therefore enacted 
 by the authority aforesaid, that it shall and may be law r ful for His Majesty, 
 with the advice of his Privy Council, to fix and declare, or to authorize the 
 Governor or Lieutenant-Governor of the province of Quebec, or the person 
 administering the government there, to fix and declare the day of the com¬ 
 mencement of this Act within the said provinces respectively, provided that 
 such day shall not be later than the thirty-first day of December, in the year 
 of our Lord, one thousand seven hundred and ninety-one. 
 
 49. And be it further enacted by the authority aforesaid, that the time to 
 be fixed by His Majesty, his heirs or successors, or under his or their au¬ 
 thority, by the Governor, Lieutenant-Governor, or person administering the 
 government in each of the said provinces respectively, for issuing the writs of 
 summons and election, and calling together the Legislative Councils and 
 Assemblies of each of the said provinces respectively, shall not be later than 
 the thirty-first day of December, in the year of our Lord one thousand seven 
 hundred and ninety-two. 
 
 50. Provided always, and be it further enacted by the authority aforesaid, 
 that during such interval as may happen between the commencement of this 
 Act, within the said provinces respectively, and the first meeting of the 
 Legislative Council and Assembly of each of the said provinces respectively, 
 it shall and may be lawful for the Governor or Lieutenant-Governor of such 
 province, or for the person administering the government therein, with the 
 consent of the major part of such Executive Council as shall be appointed by 
 His Majesty for the affairs of such province, to make temporary laws and 
 ordinances for the good government, peace, and welfare of such province, in 
 the same manner, and under the same restrictions, as such laws or ordinances 
 might have been made by the Council for the affairs of the province of 
 
u 
 
 247 
 
 APPENDIX. 
 
 Quebec, constituted by virtue of the above-mentioned Act of the fourteenth 
 year of the reign of his present Majesty; and that such temporary la\\> or 
 ordinances shall be valid and binding within such province, until the expi¬ 
 ration of six months after the Legislative Council and Assembly ot such pro 
 vince shall have been first assembled by virtue of and under the authority of 
 this Act; subject nevertheless to be sooner repealed or varied 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 said Legislative Council and Assembly. 
 
 No. VIII. 
 
 A tous les Elccteurs du Bas-Canada. 
 
 Mes Compatriotes, 
 
 Les efforts que vous avez faits k la dernidre election n’ont pas ete inutiles. 
 La Chambre d’Assemblee a eu plus de force qu’elle n’en avait jamais eu. Le 
 paiement de la liste civile y a ete propose avec succds. Mais 1 effect en a et6 
 terrible; car le Parlement a et6 casse*, et vous allez voir des efforts incroyables 
 k la prochaine election pour faire abandonner les representants en qui vous 
 aviez confiance. Tout va etre mis en oeuvre; toutes les gazettes, jusqu’a 
 celle de Quebec, sont employees; et on en a encore mis une nouvelle sur pied 
 en Francis. Tous les gens en place et tous ceux qui veulent en avoir sont 
 en mouvement. Le coup a ete terrible pour eux ; ils font senti jusques dans 
 la moelle des os; mais quelque chose qu’ils fassent, quelque chose que vous 
 voyez, tenez ferme et soutenez vos representants. 
 
 On croit le moment favorable. On espiire nous epouvanter par la liste 
 civile, et que la promptitude avec laquelle vont se faire les elections, ne \ ous 
 laissera pas le temps de la reflexion. 
 
 Vous n’avez point de temps k perdre; allez vous informer au plus vite k 
 ceux en qui vous avez confiance, et faites vous expliquer 1 affaire. 
 
 On va vous preclier le menagement de votre bourse ; on va crier aux taxes. 
 Remarquez bien qui sont ceux qui prechent et qui crient ainsi; si ce sont ceux 
 qui ont coutume de parler de menagement et de crier contre les taxes. 
 
 Ces personnes ne se sont pas recriees de voir augmenter les depenses civiles 
 tous les ans; elles ne se sont pas recriees lorsqu’on a propose de mettre des 
 taxes sur les terres, il y a quelques annfces. Elles se sont toujours gardees 
 jusqu’ici de vous parler de ces clioses ; elles jetaient les hauts cris ces der- 
 niSres annees, lorsqu’on publia un compte pour vous donner connaissance 
 des depenses de la province. 
 
 ♦ It will astonish the English reader whet, he rellects. that the generous offer of the 
 House of Assembly, of paying the ci.il expenditure of the country, was considered then 
 nearly equal to high treason, a*d produced an iu.med.ate dissolution of Parliament. He 
 will, however, easily discover the cause, on reading the present addrws. 
 
248 
 
 APPENDIX. 
 
 Croyez que ce n’est pas le desir de menager votre bourse qui les agite si 
 fort, mais que c’est bien plutot le desir d’en avoir le management eux-memes, 
 et d’etre les maitres d’augmenter la depense tant qu’ils voudront. 
 
 En 1795, la premiere fois que les comptes ont ete envoyes k la Chambre, la 
 depense de la province ne montait qu’&, £.19,000; en 1800, elle montait k 
 £.32,000; et en 1807, qui est la derni£re annee dont on ait les comptes pub- 
 lies, elle montait k £.43,000. 
 
 Ils vous diront: Que vous importe que la depense augmente, ce n’est pas 
 vous qui la payez toute. 
 
 II est vrai qu’il y a une petite partie que nous ne payons pas, et qu’on se 
 garde bien de nous faire payer, afin de pouvoir dire que nous n’avons pas le 
 droit de se meler de la depense. 
 
 Mais quand la depense sera une fois augmentee autant qu’il aura plu aux 
 gens en place, il faudra que quelqu’un soit charge de la payer. Qu’est-ce qui 
 doit en etre charge & la fin ? La m£re patrie n’a point 6tabli de fond pour la 
 payer; on tire ce qu’elle en paye actuellement de la caisse militaire: cela 
 pourra continuer tant qu’il ne s’agira que de bagatelles; mais quand les 
 sommes seront devenues considerables, on nous dira: II est raisonnable qu’une 
 province florissante comme celle-ci paye ses propres depenses; la m&re patrie 
 est assez chargee de frais de guerres quelle a eu k soutenir pour la protection 
 
 e 1’empire; et cela sera raisonnable. 
 
 II sera temps alors, disent les gens en place, de regler la depense, et on aura 
 le meme droit qu’& present Mais quand la depense sera trois ou quatre fois 
 plus grande, il y aura trois ou quatre fois autant de gens en place, qui auront 
 trois ou quatre fois autant d’influence et de puissance, et qui crieront trois ou 
 quatre fois autant; et si actuellement on a dej& tant de peine k s’en defendre, 
 comment pourra-t-on le faire alors ? Faut-il attendre qu’ils se soient entiere- 
 ment empare de la place, et qu’il soit impossible de resister. 
 
 Ils vont vous exagerer les sommes qu’il faudra payer, afin de vous epouvan- 
 ter ; les uns disent, il faut augmenter de £.25,000, d’autres de £.40,000. On 
 disait avant-hier au greffe que c’etait £25,000; aujourd’hui on dit que c’est 
 £.40,000. S’il fallait se regler sur leur appetit, la somme serait effectivement 
 considerable; mais ce n’est pas U-dessus que la Chambre d’Assemblee se 
 reglera, k moins que le nombre de gens en place qui y seront, ne l’emporte. 
 
 La somme k payer, suivant les derniers comptes qui ont ete publies, serait 
 de £.16,000. De ces £.16,000, £.11,000 seraient payes par l’Acte des Pri¬ 
 sons, en le continuant; et il ne resterait que 5,000 louis. Un couple de che- 
 lins sur le vin de Mad£re et le vin de Porto, et quelques sous sur le sucre 
 blanc, produiraient £.8,000, ce qui seraient une somme plus que sidfisante, 
 &c. &c. 
 
 The remainder of it, being directed against individuals, is suppressed. 
 
appendix. 
 
 249 
 
 No. IX. 
 
 Extract of the Bill, as amended by the Committee, for 
 uniting the Legislatures of the Provinces of Lower and 
 Upper Canada. Ordered by the House of Commons to 
 be printed, the 31s< of July, 1822. 
 
 1. The preamble is, that in the present situation of the provinces of Lower 
 and Upper Canada, a joint Legislature for both the said provinces would be 
 more likely to promote their general security and prosperity, than a separate 
 Legislature for each of the said provinces, as at present by law established. 
 
 2. That so much of 31st Geo. III., c. 31, as provides a Legislature for 
 each of the provinces of Lower and Upper Canada, be repealed. 
 
 3. Provided also, that the Act 14th Geo. III., intituled, “ an Act for making 
 more effectual Provision for the Government of the Province of Quebec, in 
 North America,” should remain repealed. 
 
 4. and 5. That from and after the passing of this Act, there shall be one 
 joint Legislative Council, and one joint Assembly for both provinces, and 
 which shall be called “ the Legislative Council and Assembly of the 
 Canadas.” 
 
 6. That the present members of the Legislative Councils of Lower and 
 Upper Canada shall constitute together the Legislative Council of the 
 Canadas, and that other persons may be summoned. 
 
 7. That such persons only shall be summoned as directed by the Act 
 31st Geo. III. 
 
 8. That the Governor shall have the power to appoint and remove the 
 Speaker of the Legislative Council. 
 
 9. That the joint Assembly shall consist of the present members of both, 
 and shall continue until the 1st of July, 1825, unless sooner dissolved. 
 
 10. That the Act of Upper Canada, 60th Geo. III., intituled, “ An Act for 
 increasing the Representation of the Commons of this Province in the House 
 of Assembly,” shall continue in force. 
 
 11. That the Governor of Lower Canada may erect new counties out of the 
 townships to be represented in the Assembly. 
 
 12. That no Act shall alter the number of representatives to be passed, 
 unless by two-thirds of both Houses. 
 
 13. That the provisions of 31st Geo. III., respecting elections, to remain in 
 force, except as the same are hereby in anywise altered, until otherwise pro¬ 
 vided for by the joint Legislature. 
 
 14. That the Governor, so often as it may be necessary, may summon a new 
 Assembly. 
 
 15. That he shall issue writs for the election of members as directed by the 
 Act 31st Geo. III. 
 
u 
 
 250 APPENDIX. 
 
 1G. That in future no person shall be capable of being elected who shall 
 not possess real property to the value of £.500 sterling, and take his oath to 
 that effect. 
 
 17. That persons swearing falsely shall be guilty of perjury. 
 
 18. That the trials of contested elections shall be according to the mode of 
 proceeding now established by law in that province in which the disputed 
 election or return shall have been made; and that at any time he shall deem 
 it expedient, the Governor may summon two members of the Executive 
 Council of each province to the Assembly. 
 
 19. That the joint Legislature shall be summoned, not later than the 1st 
 of September, 1824, and once every twelve months afterwards. 
 
 20. That every future Assembly shall continue five years. That the majo¬ 
 rity of votes shall decide, and that the Speakers of the Council and Assembly 
 shall have a casting voice. 
 
 21. That no member, either of the Legislative Council or Assembly, shall 
 be permitted to sit until he shall have taken the oath prescribed by the Act 
 31st Geo. III. 
 
 22. That the royal assent shall be declared or withheld, as prescribed by 
 the Act 31st Geo. III.; and that all laws now in force shall continue, except 
 as hereby repealed or altered. 
 
 23. That the privileges of members shall continue. 
 
 24. That from and after the passing of this Act, all written proceedings, of 
 what nature soever, of the said Legislative Council and Assembly, or either of 
 them, shall be in the English language and none other ; and that, at the end 
 of the space of fifteen years from and after the passing of this Act, all debates 
 in the said Legislative Council, or in the Assembly, shall be carried on in the 
 English language and none other*. 
 
 25. That persons professing the religion of the church of Rome shall not 
 be affected. 
 
 26. That certain provisions of the Act 31st Geo. III. shall extend to Acts 
 to be passed by the joint Legislature. 
 
 27. That all accounts, returns, papers, &c. &c., shall be laid before the 
 Legislature, and that salaries of officers of the Legislature shall continue fill 
 otherwise provided for. 
 
 • I have abstained from making any observations on any of the preceding clauses; but 
 my readers, no doubt, will easily perceive the interested motives of the framers of this 
 union, expectiug by it to have annihilated for ever the influence of the French Canadians. 
 The present clause, however, appears to me so impolitic, that 1 cannot help placing before 
 them the following questions :—What good can England derive in abolishing the French 
 language in Canada ? What possible political advantages can she expect from our being 
 more assimilated to our neighbours (the Americans) by language, character, and habits ? 
 
APPENDIX. 
 
 251 
 
 No. X. 
 
 This Composition , which appeared in the Quebec Gazette 
 on New Year's Day , 1829, will assist in giving a 
 tolerable idea of the present feelings and character of the 
 Canadians . 
 
 Sol Canadien! terre cherie! 
 
 Par des braves tu fits peuple; 
 
 I Is cherchaient loin de leur patric 
 Une terre de liberte. 
 
 Nos pOres, sortis de la France, 
 
 Etaient 1’elite des guerriers ; 
 
 Et leurs enfants de leur vaillance 
 N’ont jamais fletri les lauriers. 
 
 Qu’elles sont belles, nos campagnes; 
 
 En Canada qu’on vit content! 
 
 Salut, 6 sublimes montagnes, 
 
 Bords du superbe Saint Lauren ! 
 
 Habitant de cette contree, 
 
 Que nature veut embellir, 
 
 Tu peux marcher tete levee, 
 
 Ton pays doit t’enorgueillir. 
 
 Respecte la main protectricc 
 D’Albion, ton digne soutien; 
 
 Mais fait Schouer la malice 
 D’ennemis nourris dans ton sein. 
 
 Ne flechis jamais dans l’orage ; 
 
 Tu n’as pour maitre que tes lois; 
 
 Tu n’est pas fait pour l’esclavage: 
 
 Albion veille sur tes droits. 
 
 f 
 
 Si d’Albion la main cherie 
 Cesse un jour de te proteger, 
 Soutiens-toi settle, 6 ma patrie! 
 Meprise un secours etranger. 
 
 Nos pdres, sortis de la France, 
 Etaient Pelite des guerriers; 
 
 Et leurs enfants de leur vaillance 
 Ne fletiront pas les lauriers. 
 
252 
 
 appendix. 
 
 No. XI. 
 
 Statement of the different Establishments for Education in 
 Lower Canada, taken from the Returns made to the 
 Committee of the House of Assembly , on Education , 
 during the Session of 1828-9. 
 
 Description of the Establishments. 
 
 Number of 
 
 Schools. 
 
 Number of 
 
 Scholars. 
 
 Average 
 
 Price of 
 
 Tuition. 
 
 Average 
 
 Price to 
 
 Boarders. 
 
 In the Cities of Quebec and Mont- 
 
 
 
 
 
 REAL, AND DISTRICT OF THREE 
 
 
 
 
 
 Rivers. 
 
 
 
 
 
 Schools established in virtue of the 41st'V 
 
 
 
 £. s. d . 
 
 £. 
 
 Geo. III., cap. 17, commonly called > 
 
 3 
 
 450 
 
 2 10 0 
 
 36 
 
 Schools of the Royal Institution - ) 
 
 
 
 
 
 Colleges - -- -- -- -- - 
 
 2 
 
 434 
 
 1 7 6 
 
 19 
 
 Convents - -- -- -- -- 
 
 6 
 
 938 
 
 0 10 0 
 
 15 
 
 Gratuitous Schools ------- 
 
 11 
 
 1,214 
 
 
 — 
 
 Schools of all other descriptions, con-\ 
 
 42 
 
 1,764 
 
 / Irom i 
 
 1 0 15 0 1 
 
 
 taining 20 Scholars and above - - / 
 
 
 
 1 t0 1 
 
 40 
 
 - under 20 Scholars - - - - 
 
 8 
 
 109 
 
 ^ 12 0 0 ) 
 
 
 Total - - - 
 
 72 
 
 4,909 
 
 — 
 
 — 
 
 Country Parts. 
 
 
 
 
 
 Schools of the Royal Institution, in-\ 
 
 70 
 
 1,848 
 
 2 0 0 
 
 30 
 
 eluding Gaspe ------/ 
 
 Colleges . --- 
 
 4 
 
 257 
 
 3 0 0 
 
 19 
 
 Convents (Missions of the Soeurs de Za\ 
 
 14 
 
 672 
 
 0 15 0 
 
 8 
 
 Congregation) - - - - - ; / 
 
 
 
 
 
 Established in virtue of 4th Geo. IV., I 
 
 10 
 
 426 
 
 15 0 
 
 9 
 
 cap. 41, and 7th Geo. IV., cap. 20 / 
 
 
 
 \ 
 
 
 Schools of all other descriptions, con- \ 
 
 94 
 
 2,702 
 
 
 
 taining 20 Scholars and above - - J 
 
 
 l 1 10 0 
 
 10 
 
 - under 20 Scholars - - - - 
 
 61 
 
 865 
 
 J 
 
 
 Total in the Country parts - 
 
 253 
 
 6,770 
 
 — 
 
 — 
 
 Ditto in Cities and Towns - 
 
 72 
 
 4,909 
 
 — 
 
 — 
 
 Grand Total - - 
 
 325 
 
 11,679 
 
 — 
 
 — 
 
 Number of places where no Schools are\ 
 
 29 
 
 
 
 
 established./ 
 
 
 
 
 
 Ditto Ditto from whence no Returns) 
 
 34 
 
 
 
 
 were received - ----- j 
 
 
 
 
 
 n 
 
 \ 
 
APPENDIX. 
 
 253 
 
 No return was received from Gaspe, except for the schools of the Royal 
 Institution. 
 
 These establishments are mainly supported as follows:— 
 
 The schools of the Royal Institution, by an annual grant from the Legislature 
 of about £.1,900, on an average, since 1818. 
 
 The colleges in the towns, by the revenues of the landed property apper¬ 
 taining to each of those establishments, and by the amount of the boarding 
 and tuition of scholars. 
 
 The colleges in the country have all been founded by gentlemen of the 
 clergy, and are mainly supported by them. The amount of boarding and 
 tuition forms the remainder of their income. 
 
 Convents, by the revenues of landed property granted to them, and by the 
 amount of boarding apd tuition. 
 
 Gratuitous schools have all been established by voluntary subscription; 
 seven of them receive, this year, aid from the Legislature. 
 
 Schools established in virtue of 4th Geo. IV., cap. 41, by one-fourth of the 
 revenues of the fabriques , in virtue of the said Act; most of them by a further 
 aid from the curates; the remainder by the price of tuition. 
 
 Of the schools of other descriptions, a large proportion of those in the 
 country parts, and not a few in the towns, were established by the clergy; 
 were, and are still, mainly supported by them, the price of tuition being in¬ 
 sufficient for the support of the masters .—Old Quebec Gazette . 
 
 No. XII. 
 
 Extract from the First Report of the Committee of the 
 House of Assembly respecting the Settlement of Crown 
 Lands ; printed on the 1 2th of February , 1821. 
 
 The Honourable James Cuthbert appeared before your Committee, and 
 answered as follows to the questions put to him:— 
 
 Q. Have you had any, and what means, of becoming acquainted with the 
 nature and advantages of seigniorial tenure in this country, compared with 
 the tenure of free and common soccage ? 
 
 A. Being proprietor of the seigniory of Berthier, in the district of Montreal, 
 and having resided upon it for twenty-four years, I have had occasion to 
 bestow much consideration upon this subject, and acquire much experience 
 respecting it. 
 
 Q. What, in your estimation, are the relative advantages or disadvantages 
 of these two modes of tenure ? 
 
 A. I hold a very great difference between the two modes of granting land. 
 That under the feudal system, as it is, in my opinion, not accurately called, 
 offers an easy, expeditious, certain, and economical mode of obtaining lands, 
 
254 
 
 APPENDIX. 
 
 in the manner most congenial to the means, habits, wants, and usages of the 
 nineteen-twentieths of the population of this province, and carries in its nature 
 and consequences the only reasonable hope of a long and lasting connection 
 with, and submission to the mother country. Whereas the grants in free and 
 common soccage, after surmounting all difficulties and expense of procuring 
 them, break in upon the habits, customs, manners, and prejudices of the Canadian 
 grantees; the conditions of those grants not only deprive them of the ordinary 
 resources they possess under the system en fief, but also bind them to the ob¬ 
 ligation of employing, in the first instance, at a time they are totally incompe¬ 
 tent, an immense unproductive labour, which, if applied to a land en fief, would 
 alone enable them to subsist their families, &c. &c. 
 
 Q. What are the causes which prevent the Canadians to settle upon lands 
 in free and common soccage ? 
 
 A. Grants in free and common soccage strike the great body of the people 
 as a dereliction of all they hold dear; they view the system, and perhaps not 
 without reason, as tending to subvert their institutions, civil and religious, by 
 a slow but unerring progress ; then the difficulty of obtaining the grant, the 
 distance from their friends, their removal from the ordinary support and assist¬ 
 ance they were accustomed to ; and, above all, the .immense tax of labour they 
 incur, not only for their own lot, but also for the clergy and crown reserves, which 
 are to be raised in value by the sweat of their brow : these, and many other 
 objections, deter His Majesty’s Canadian subjects from settling on free and com¬ 
 mon soccage grants. It has been said that American and European emigrants 
 have a total aversion to settle upon lands en fief, &c. &c.; this is substantially 
 and practically contradicted in the seigniories of Dautrai, Lanorai, Ramesay, 
 d’Aillebout, and Terrebonne, under my own personal knowledge, and in many 
 other seigniories throughout the province. It is principally on account of 
 the language, not of the tenure, that any difficulty has arisen. 
 
 With regard to settling the waste lands of the Crown en fief, it is within my 
 conviction that, were I in possession of ungranted cultivable land, I could con¬ 
 cede some hundred farms en roture, in the short space of twelve months, &c. &c» 
 
 The Honourable Roderick M‘Kenzie, seignior of Terrebonne, appeared 
 before your Committee. 
 
 Q. Are there any, and what causes which, in your estimation, have retarded 
 and continue to retard the settlement of the land in the old manors or lord- 
 ships of this country ? 
 
 A. No augmentations to seigniories having been made since 1759, and of 
 course not expected to be made hereafter, may be a principal cause for the 
 delays observed in the settlement of some seigniorial lands. Proprietors 
 expecting no increase as formerly, wait favourable opportunities to make the 
 most of what they have. 
 
 Q. Is there any emigration from the said seigniory; and if so, is the same 
 annual and regular, and whither is the same directed ? 
 
 A. No emigration from the seigniory of Terrebonne. 
 
 Q. Do any of the inhabitants emigrate to the townships, granted in free and 
 common soccage; and if not, to what causes do you attribute this circumstance ? 
 
APPENDIX. 
 
 255 
 
 A. The inhabitants of this country prefer seigniorial grants to any other. 
 
 I conceive that system to be the best, since the people who live under it never 
 complain, and seem the happiest in the world. If a settler, who can be recom¬ 
 mended, apply to a seignior for a grant, he instantly becomes a proprietor at 
 the trifling expense of five or six dollars to the surveyor or notary, for deeds of 
 survey and concession. The censitaires, in the seigniories of Terrebonne, pay 
 annually at the rate of half a bushel of wheat and twenty pence for every 
 twenty acres. Some indeed pay less, but no one pays more. As wheat sells 
 at present, this rent may amount to about two pence halfpenny per acre, &c. &c. 
 
 The Rev. Mr. Demers, Superior of the Seminary of Quebec, answered as 
 follows:— 
 
 Q. Are the two modes of granting lands in this province, that is to say, 
 that under the feudal system and that in free and common soccage, equally 
 beneficial; and will you please to communicate to the Committee the reasons 
 which induce you to give a preference to either ? 
 
 A. I am fully persuaded the feudal system, confined within proper limits 
 with regard to seigniorial and permanent rents, is the most advantageous 
 mode of inducing His Majesty’s Canadian subjects to become proprietors of 
 the lands they clear, without being compelled to purchase them. These new 
 proprietors are indeed charged with a permanent rent, but if the original 
 grantees of the Crown enter fully into the spirit of the feudal system, all 
 they can impose is very moderate seigniorial and permanent rents, and such 
 as the new grantees will always be able easily to pay. If the Government 
 adopted the feudal system in granting the Crow r n lands, their grants might 
 regulate the rates of seigniorial rents for every square acre of ground. In 
 this way, the rent in all these new concessions would be uniform, and nothing 
 would remain discretionary. As to the proprietors of these new fiefs, the lods 
 et ventes *, and other feudal dues, woidd afford them a compensation for the 
 lowness of their rent, and even for the expenses they might incur the more 
 speedily to bring their land into cultivation. 
 
 If the lands are conceded in free and common soccage, it will be quite 
 otherwise. It may be presumed, that the greater part of these lands would 
 shortly become the property of a few rich individuals, who would not fail to 
 retain the best lots, in order to bring them into cultivation themselves, and 
 who would then sell or lease them to the rest. How then shall the young Cana¬ 
 dian formers, whose only wealth is that love of labour of which the habit was 
 formed under the paternal roof, settle upon those lands ? Finding it impossi¬ 
 ble to acquire land sufficient for their future decent support, they will be 
 compelled to take some of those lands on lease, or bail emphyUotique. But in 
 that mode of settling, it is easily seen that they will not experience equal 
 advantages as if the lands were granted them in the feudal manner. To be 
 convinced of this, it suffices to know on what conditions the lots reserved in 
 the several townships for the Crown and for support of the Protestant clergy 
 are leased; every lot is of 200 acres, or 23-5| arpents, or thereabouts, French 
 measure. So early as 1812, three hundred and sixty-three of these lots were 
 
 * Mutatioa fine paid to the seignior. 
 
u 
 
 256 
 
 APPENDIX, 
 
 leased for twenty-one years, on the following terms, that is to say, “ for the 
 first seven years, twenty-five shillings, or eight bushels of wheat, per annum ; 
 the second seven years, fifty shillings, or sixteen bushels of wheat; and for the 
 remainder of the period, seventy-five shillings, or twenty-four bushels of wheat, 
 per lot; the lessorshaving the option of requiring payment to be made in either 
 of the modes stipulated.”— Topographical Description of the Province of Lower 
 Canada , p. 14? 
 
 On an average, every lot of 235$ arpents is charged with an annual rent of 
 fifty shillings, or sixteen bushels of wheat, at the option of the lessor. Esti¬ 
 mating the bushel of wheat at four shillings only, these 235$ arpents will there¬ 
 fore be charged on an average with a yearly rent of sixty-four shillings. This 
 rent is certainly higher than it ought to be, if an equal lot of ground were 
 granted in feudal tenure. Let us suppose this rent to be precisely the same, 
 and that tw r o young Canadian farmers each take one of these lots of land; 
 that one of them take his on lease, the other under a feudal grant: at the 
 close of the twenty-one years, will the situation of both these fanners be alike ? 
 One of them will have become the actual proprietor of the land he has cleared, 
 while the other, with equal care, anxiety, and toil, unattended by any superior 
 advantage during the twenty-one years, will only retain the uncheering recol¬ 
 lection of having, under the sweat of his brow, cleared a land not belonging to 
 himself. 
 
 But it will be said, will not the lods et rentes due to the seignior on every 
 mutation prevent the young farmer from taking lands by feudal grant ? By no 
 means; because the young farmer w*ell knows he will have no lods et rentes to 
 pay while he remains in possession of his lands, and that such of his descendants 
 as hold it after him will be equally exempt as long as they acquire by descent. 
 Though the due of lods et rentes may appear onerous to the purchaser, I am 
 not the less persuaded that this due has an excellent effect on domestic 
 society ; for it is generally a powerful motive for retaining hereditary lands. 
 This is not one of those vague assertions which are inconsiderately hazarded, 
 but a matter of fact, readily confirmed by numerous instances afforded by 
 such parts of our country as have been longest settled, such as the Cote de 
 BeauprS. It is no rare thing to find in that place families who, at this day, 
 possess the same lands which were granted to their ancestors almost imme¬ 
 diately after the earliest settlements effected in this country. Such are the 
 reasons which induce me to think the feudal system more beneficial, relatively 
 to the cultivation of the ungranted lands of the Crown, than the mode 
 hitherto followed in granting the lands. 
 
 Q. What are the causes which have prevented His Majesty’s Canadian 
 subjects from settling on the lands in free and common soccage ? 
 
 A. One of the principal causes is the want of pecuniary means of purchas¬ 
 ing lands, and afterwards clearing them. I do not think there is now to be 
 procured in the townships a tract, adequate to the support of a family, for 
 less than £.100. Very few young Canadian farmers have such a sum, and 
 those who have, will ever prefer purchasing land already in part cultivated, 
 or applying their money to the clearing of lands taken under a feudal grant, 
 

 APPENDIX. 257 
 
 and costing them nothing. As to those who have no pecuniary means, or 
 scarcely any, they will never be reconciled to taking on lease, or bail emphy- 
 thfotiquc , a tract of wood land, remote from the place of their nativity, nor 
 will they more readily take such land on rente constitute , from apprehension of 
 ultimate inability to pay that rent, and thereby becoming liable to ejection 
 from lands which they have in part cleared; unless they can settle in some 
 other way, they will prefer remaining labourers all their lives. I think I 
 know the inhabitants of the country parts sufficiently to feel assured that, in 
 this opinion, I am under no error. 
 
 To this cause, which is inherent in the system itself, which has been 
 invariably pursued in granting the Crown lands since 1795, others may be 
 added: as the want of ready means of intercourse between the settlements in 
 the townships and the Canadian settlements; ignorance of the language of 
 those among whom the young farmers of our parts would be placed; and, 
 above all, the remoteness of religious aid. This alone, I am persuaded, would 
 have prevented the sounder portion of our Canadian youth from availing 
 themselves of the advantages which new settlements might offer in all other 
 respects; nor would the substantial farmers of our country, sincerely attached 
 as they are to their religious principles, ever consent to the departure of 
 their children, to settle in places where they might suspect their faith or 
 salvation to be in danger. 
 
 It is easy, with a little attention, to see that these various causes would 
 cease almost instantaneously, if our young farmers had the same facility of 
 settling on the Crown lands as on the unconceded lands in the old seigniories; 
 because they might, by agreement among themselves, depart in sufficient 
 numbers, and take lands at the same place, indulging a most reasonable hope 
 that other young farmers would not fail shortly to join them, &c. &c. 
 
 J. T. Tachereau, esq., a Member of the House of Assembly, appeared 
 before your Committee:— 
 
 Q. What causes do you think have prevented the settling of lands in 
 your part of the country ? 
 
 A. The causes which have prevented the settling of lands beyond the 
 seigniories of La Nouvelle Beauce, are a want of roads; a want of grants by 
 the Crown in the ungranted townships, and in those which are conceded a 
 want of roads; the lots for the Crown and those for the clergy, and also the 
 very considerable expenses which the grantees are obliged to incur for opening 
 roads, expenses of survey and other expenses, with respect to which they are 
 unable to obtain reimbursement of a portion of the interest, whereby they are 
 put under the necessity of selling their lands at a very high price, and the 
 interest of the consideration for the sale is equivalent to a rente which the 
 farmer could not pay; which would not be the case, if, in conceding those 
 lands at a moderate annual rent, the grantees of the Crown could hope here¬ 
 after to be indemnified in some other way, 
 
 Mr. Dumont, one of the Members of the House of Assembly, appeared 
 before your Committee, and stated as follows:— 
 
 It is impossible that lands, as they are now granted, can suit the native 
 
258 
 
 appendix. 
 
 French Canadians, for’they cannot ever succeed in opening and cultivating 
 their lands. For instance, a Canadian who is a proprietor of a lot in a given 
 township settles there; he makes a clearing; he wants a cleared interval 
 dti dtcouvert; he wants fences of separation ; he wants water-courses across 
 several lots belonging to Government, the Protestant clergy, or rich pro¬ 
 prietors : is there a moral possibility of bis procuring what is required of 
 neighbourhood? This is one of the chief obstacles to the settling of the 
 townships. 
 
 Mr. Philemon Wright, of the township of Hull, in the province of Lower 
 Canada, appeared before your Committee, and gave the following informa¬ 
 tion :— 
 
 I have resided in this country twenty-three years; previous to residing 
 in this country, I resided in the province of Massachussets; I was induced to 
 come to this country by the proclamation of General Clarke, which held forth 
 the prospect of obtaining lands, to persons desirous of investing capital in 
 land, and under their form of government 
 
 Q. Did you obtain a grant of any, and what waste lands of the Crown, 
 
 and at what time ? 
 
 A. I was leader for a quarter of a township; ten of us obtained a patent 
 for twelve hundred acres each. I surveyed the whole of the township of 
 Hull, wherein the lands were situated, being a township of 82,429 acres. I 
 got the Order in Council, on the 22nd of March, 1800; the patent was issued 
 in 1806. 
 
 Q. At what expense was the survey made ? 
 
 A, I cannot speak to the exact amount of the expense; it could not be 
 less than £.700. 
 
 Q. What portion of the land given to your associates remained in their 
 hands ? 
 
 A. The agreement between me and my associates was, that I should pay 
 out of my own pocket all the expenses of survey, of patent fees, and travelling 
 expenses, in consideration whereof they were to assign to me 1,000 acres 
 each out of the 1,200 assigned to them, which was accordingly done. 
 
 Q. In what state have been, and are now, the roads and highways in the 
 township of Hull; how and in what manner have they been made, kept up, 
 and repaired ? 
 
 A. When I first settled in the township of Hull, there was not a single tree 
 cut down; I have opened all the roads, with some assistance, to make it 
 possible for my people to pass and repass. One stone causeway, in particular, 
 cost me above £. 1,000. The total of the amount of money spent by me and 
 some of my neighbours upon these roads, for the twenty years past, amounts to 
 £.2,211 17«. 6d., besides £.955 expended by the commissioners of the county 
 of York, making a total of £. 3,166 17 5 . Gd., and the roads in the front of the 
 township are now very good. 
 
 Q. What is the extent of the roads made in the said township with this 
 money ? 
 
 A. About thirty miles. 
 
APPENDIX. 
 
 259 
 
 Q. Are there any, and what obstacles, to making roads in the new 
 townships ? 
 
 A. The crown and clergy reserves constitute one great obstacle to the 
 improvement of the internal communications of the townships. The large 
 tracts of land, in the possession of proprietors absent from the province, 
 constitute another great obstacle. 
 
 Q. Are the lands through which the road from Hull to Long Sault passes, 
 in the hands of small or large proprietors ? 
 
 A. Generally in the hands of large proprietors, absentees from the province. 
 
 Q. What is the expense of clearing and fencing an acre of wild land; and 
 what is the usual produce of an acre of wild land; and in what consists the 
 process of clearing? 
 
 A. The expense of clearing an acre of land is £. 3; the produce is from 
 two hundred to four hundred bushels of potatoes per acre, or twenty-five 
 bushels of oats, or twenty-five bushels of wheat, or thirty bushels of Indian 
 corn, or two hundred bushels of turnips. The process of clearing consists of 
 three things; first, cutting down the under-brush, which is worth 7s. 6d .; 
 second, chopping down the wood in row r s, two rods wide, w’orth £. 1 5s .; 
 third, firing, burning, and branding, fit for the harrow, worth £. 1 7s. 6d. 
 Then the work is done. 
 
 Q. What would be the expense of putting in the crop, per acre ? 
 
 A. The common price is 10s. 
 
 Q. Do not the poorer sort of settlers find themselves occasionally con¬ 
 strained to adopt a more imperfect mode of clearing, and what is that mode ? 
 
 A. Yes; they first cut the brush and small trees, leaving the large trees 
 standing, which shade the land, so that they do not get more than half 
 a crop. 
 
 Lieutenant-Colonel Bouchette, Surveyor-General of this province, appeared 
 before your Committee, and answered as follows:— 
 
 Q. How long have you been Surveyor-General ? 
 
 A. I am a commissioned surveyor of lands in this province since 1790. I 
 have been upwards of seventeen years at the head of the Surveyor-General’s 
 department. 
 
 Q. When did the Provincial Government commence to grant lands in free 
 and common soccage ? 
 
 A. In 1796. 
 
 Q. What was the description of persons w r ho were called the leaders of 
 townships ? 
 
 A. I refer to the statement thereof in my geographical works*. 
 
 Q. What was the number of signatures usually subscribed to the petition 
 for the grant of a township ? 
 
 A. About thirty-six in a township of ten miles square, of about 44,000 
 acres, admitting each individual had 1,200 acres. 
 
 * See Bouchettc's Topography , p. 24 4. 
 
260 
 
 APPENDIX. 
 
 Q. Has there been any grants in this province in tree and common soccage 
 to any one individual exceeding 1,200 acres, and what were they? 
 
 A. As far as I recollect, to Sir Robert Shore Milnes, and the members of 
 the Executive Council*, under a special mandamus from home, as an indem¬ 
 nification for their services and great trouble in the land-granting business. 
 
 Q. By what denomination was generally known that individual, amongst 
 the petitioners, who charged himself with the preparing of the petition, 
 and obtaining signatures thereto, with presenting the same to the Provincial 
 Government, and carrying it through the Council, with the expenses of survey, 
 and ultimately with obtaining the patent, and paying the fees thereof? 
 
 A. They were called leaders of townships. 
 
 Q. Upon the face of the patent did they, or any other patentees, receive 
 any more than 1,200 acres ? 
 
 A. As far as my knowledge goes, not more. 
 
 Q. What was the average value of lands in those townships, as they were 
 purchased up by speculators, from the year 1796 to 1803 and 1804 ? 
 
 A. The lands were then considered of little value, as they were sold, as 
 far as my knowledge extends, from 6rf. to Is. 3 d. per acre. 
 
 Q. How was the leader of a township indemnified for the expense of survey, 
 
 patent, &c. 
 
 A. It was generally understood that they were indemnified by receiving 
 from the other patentees a portion of the lands granted to these patentees. 
 
 Q. Did you ever understand or hear what that portion was ? 
 
 A. I have generally understood that some conveyed 1,000 acres, and others 
 
 less. 
 
 Q. Have there been any new seigniories erected in this country since its 
 
 conquest by the British ? , . 
 
 A. None that I know of but Murray Bay and Mount Murray, and Shool- 
 bred, in the district of Gaspe. 
 
 Q. What is the number of seigniories in the districts of Quebec, Montrea , 
 and Three Rivers ? 
 
 A As far as I can recollect, 218 in the whole province. 
 
 Q. Is the surplus agricultural population of the province of Lower Canada 
 at all considerable ? 
 
 A. I think it is. 
 
 Q. Is the distribution of lands in the cultivated parts of the seigniories ot 
 Lower Canada, amongst their settlers, tolerably equal ? 
 
 A. I think it is. 
 
 Q. What is the usual size of the farms in Lower Canada, in the seigniories . 
 
 Q What is the usual size ot tne tarms in Dower ^auaua, ..t —&. 
 
 A. They are generally of three arpents in front by thirty in depth, or of 
 
 tive Council. 
 
APPENDIX. 
 
 261 
 
 three arpents in front by forty-two in depth, except in a few singular instances, 
 in some of the first original grants, which have not a greater front but a far 
 greater depth. 
 
 Q. Are they not now, in many instances, subdivided to a degree which renders 
 them insufficient to afford convenience to the farmer and his family ? 
 
 A. Yes; I believe it to be the case in many parts of this province. 
 
 Q. What were the rents and services with which the farmers were charged 
 anterior to the conquest ? 
 
 A. They vary; some at forty sols , others one 4cu tournois ; but I believe never 
 exceeding. 
 
 Q. Are these charges deemed onerous by the people of the country ? 
 
 A. I never understood they were. 
 
 Q. Would they prefer to settle in the seigniories with these charges, in 
 preference to settling on lands in free and common soccage ? 
 
 A. I presume they would. 
 
 Q. Have any number of Canadian settlers established themselves on the 
 lands granted in free and common soccage ? 
 
 A. I believe very few. 
 
 Q. To what cause do you attribute this ? 
 
 A. The reasons are obvious: they do not like the tenure, as they do not 
 know it; they do not like to leave their relations and friends; and they like to 
 be within reach of their churches. 
 
 Q. What are the fees taken in the land-granting business ? 
 
 A. My patent fees are 1 5s. per 1,000 acres; and, as far as I recollect, those 
 of the secretary of the province 10s.; and the clerk of the council, I believe, 
 10s.; governor, 15s.; auditor, 6s. Sd. ; registrar, 5s.; attorney-general, 10s. 
 Lands at present granted under military condition produce the following fees 
 in my office: 7s. Sd. per location ticket; certificates of vacancy, 2s. 6d. 
 
 No. XIII. 
 
 Extract from the Resolves of the Council respecting the 
 Introduction of Tenure in Free and Common Soccage, 
 in lieu of the ancient Tenure of the Country. 
 
 That the progress of population and settlement in this province, under the 
 Bovcrnment of France, whatever the cause or causes of it, was slow; the cul¬ 
 tivated parts, even in the central districts of Quebec, Three Rivers, and Mont¬ 
 real, being, to this day, confined to the banks of the St Lawrence, and the 
 mouths of navigable streams that fall into it. 
 
 That the royal patents, grants on concession of the lands, were either in 
 
262 appendix. 
 
 seigniory or in roture ; the latter consisting of town lots, farms or small tracts 
 and seigniories ; larger tracts of various dimensions, many of which are in the 
 rear, or a few leagues from the convenience of water-carriage, still in forest. 
 
 That the French king’s territorial revenue arose from quints or alienation 
 fines, of one-fifth of the consideration money payable by the purchaser of the 
 lands held in seigniories; and of lods et rentes, of one-twelfth on the sale of 
 lands held in roture ; the lands in roture ordinarily paying also cens et rentes; 
 the cens being one sol, or an Englisli-half-penny for a front of one acre or 180 
 French feet; and the rente, another sol for every acre of the concession, with 
 a bushel of wheat for every forty acres, or two fat capons of the value of 
 twenty sols. 
 
 That the French Crown did not exact its whole dues, but remitted a 
 third, both of the quint and lods et rentes. 
 
 That the seigniories were parcelled out into farms, and these conveyed 
 by the seigniors under like charges of cens et rentes, and subject to lods et rentes, 
 except where a large parcel had been granted in arritre fief; on the subsequent 
 transfers whereof a quint became due to the seignior without cens et 
 rentes. 
 
 That all the grantees, as well of the Crown as of the seigniors, had perma¬ 
 nent estates, under an habendum to them, their heirs and assigns. 
 
 That, according to the Receiver-General’s accounts, the territorial revenue 
 for the thirteen years, from the 1st of May, 1775, to the 1st of May, 1788, 
 (comprehending arrears) was, in actual receipt at the treasury, not equal to 
 
 £.10,000 sterling; 
 
 rC • S. d. 
 
 The lods et rentes being but. 1,351 9 5£ 
 
 The quints . 3,148 1 4£ 
 
 The balance of royal rents from all the King’s 
 
 own seigniories, Sorel excepted. 4,554 7 5f 
 
 £.9,053 18 3J 
 
 From Sorel . . . 216 19 11 
 
 £.9,270 18 2£ 
 
 which, together with certain duties of customs fixed by Act of Parliament, 
 is by the royal grace given to the province towards the support of its 
 government. 
 
 That, in explaining the causes of the tardy progression of the population 
 of the colony under the government of France, there seems to be little or no 
 ground for ascribing it to the non-compliance of the seigniors with the con¬ 
 ditions for cultivation expressed in their patents or grants; the instances of 
 prosecutions for taking an advantage of these conditions, and returning 
 their seigniories to the royal domain, being rare, and the seigniorial censi- 
 taires so much more numerous than the King’s, that the farmer, or the in¬ 
 habitants of the seigniories, at all times did, and do now, constitute the main 
 body of the landholders of the country. 
 
 That the feudal system, if that was amongst the causes of the non-settle- 
 
appendix. 
 
 263 
 
 ment aiul proportionable debility of the French colony, operating tu a dis 
 couragement of the royal grants, as well as the grants of the subject, there 
 can be no ground for holding the grantees to a rigorous performance of the 
 conditions of their grants. 
 
 That it was among the main causes of that low condition in which Canada 
 was found at the British conquest, is deducible from the probability that many 
 thousands of families had found their account in emigrating from the exu¬ 
 berant population of the kingdom of France, if the Government had given 
 their lands here upon easy terms, and especially in the fertile regions and 
 moderate climates on the banks of the rivers and lakes in the south and 
 south-west 
 
 That the discouragement of that system, to the settlement of the old 
 French grants, must, in future, greatly increase: the population depending 
 now upon the introduction of British subjects, who arc known to be all averse 
 to any but English tenures* : and the Canadian seigniors, of course, be left 
 without a hope of multiplying their cemilaires, except from the predilection 
 of the descendants of the French planters to usages no longer prompted by 
 interest nor recommended by example. 
 
 That the grant of the waste lands of the Crown in free and common soccage 
 is essential to the growth, strength, defence, and safety of the province. 
 
 That unless the old French seigniories can be settled upon terms as advan¬ 
 tageous to the husbandman as the lands of the Crown, their land-market must 
 be at a stand, to the detriment of the proprietors, until the cultivation of the 
 waste lands of the Crown is damped, by their remoteness from all water- 
 carriage and the conveniences and benefits of commerce. 
 
 ~ • • xi__/i nnn u POT1- 
 
 That, with the advantage of a vicinity to the navigable waters, and a con- 
 the tenures, the seigniories will probably be the first to be fu y 
 
 of interest will naturally make it the desire also of every 
 
 m e_ITTltll tn fl 
 
 That motives 
 
 cannot be the objects ot special 
 the surest means of securing to 
 
 the tenant a fair compact, will be to hold the 
 
 * This aversion, caused by national prejudices, soon 
 
 ceases when tlie nature of the 
 
 french tenure is well understood. 
 

 
 
 264 
 
 APPENDIX. 
 
 lord to his dues to the Crown, until he has discharged his tenants from the 
 feudal incumbrances in his own favour. 
 
 That the prerogative is competent to put the waste lands of the Crown 
 under a soccage tenure; but the legislative interposition is necessary to 
 make that tenure universal. 
 
 That if this is to be the work, not of Parliament but of the Colonial Legis¬ 
 lature, the Royal instructions given for the greater security of the property of 
 the subject will require an Act with a probationary or suspending clause, until 
 His Majesty’s approbation can be obtained. 
 
 That an absolute and universal commutation of the ancient tenures, though 
 for the better, would be a measure of doubtful policy; but that no substantial 
 objection occurs against giving such individuals that benefit as desire it, and 
 especially to such of the seigniories whose tenants or censitaires shall 
 conceive it to be for their own, as well as for the interest and benefit of their 
 landlords, and may therefore signify their consent to the change. 
 
 That the ends may be accomplished by a law, with clauses to the following 
 tenor or import:— 
 
 Be it enacted, &c. &c.* 
 
 DISSENT. 
 
 Mr. Mabane’s reasons of dissent from the resolution and motion of the 
 Chief Justice, adopted by the Committee. 
 
 Because the resolutions moved for do not appear to apply to the object of 
 the reference. 
 
 Because it appears that the slow progress of population and settlement, 
 under the government of France, cannot be ascribed to any inherent vice in 
 the several tenures under which lands are held in the colony; that it arose 
 from the difficulties which the first settlers found in contending with fierce 
 and savage nations which surrounded them ; from their frequent wars with the 
 British colonies; and, above all, from their repeated expeditions in the 
 upper countries, and towards the Ohio, in which the ambitious policy of 
 France had forced them to engage. 
 
 Because it appears evident, from the rapid and almost unexampled progress 
 of population in the province (from its own resources), being from 65,000 
 souls in the year 1766, to about 120,000 in 1784, and who are now chiefly 
 employed in agriculture, that the present tenures are not inimical to popula¬ 
 tion and settlement of the colonyf. 
 
 Because the King s rights in the ancient tenures of the country being 
 
 * No change of this kind has yet taken place. I understand that the Honourable Mr- 
 Hale, seignior of St. Anne, has lately renewed an application for a changeof tenbre in that 
 part of his seigniory not yet conceded, which application was formerly made by Mr. De 
 Lanaudiere, seignior of the same place; but 1 am not yet acquainted with the result. 
 
 + The Honourable Mr. Cuthbert, in his examination before the Committee, said : 
 
 That in no couutrv where he had travelled, had he met with such a dense agricultural 
 population as in Canada, except in French Flanders and Brabant. 
 
APPENDIX. 
 
 expressly reserved in the Act 14th of the King, and by His Majesty’s gracious 
 bounty appropriated to defray the expenses of civil government, ought not 
 to be relinquished or sacrificed without an equivalent compensation. 
 
 Because, however unproductive the territorial revenue may have hitherto 
 been, from the indulgence or supineness of government, no judgment can be 
 formed, from the sums actually collected, of the revenue that may hereafter 
 arise therefrom, which must increase in proportion to the population and 
 commerce of the province. 
 
 Because the predilection of the native inhabitants of the province to their 
 ancient tenures and laws ought not to be interfered with, unless by their own 
 consent, and on the strongest and clearest grounds of public utility. 
 
 Because the alterations proposed by the resolutions, or any other con¬ 
 version of tenure, tending to give the seignior a more absolute and uncon¬ 
 ditional possession of the fief, would not only be a sacrifice of the King’s 
 rights, but would defeat the wise intentions and beneficial effects of the arrets 
 of 1711 and 1732, and the declaration of 1743, by which the seignior is 
 obliged to grant, to such persons as will apply for them, for the purpose of 
 improvement, lands in concession, subject only to the accustomed and sti¬ 
 pulated rents and dues; and upon his non-compliance the Governor is 
 authorized, on the part of the Crown, and for the benefit thereof, to the 
 exclusion of the seignior for ever, to concede or grant the lands so applied 
 for. By the same law the seigniors are forbid, under pain of nullity and a 
 reunion to the Crown of the land attempted to be sold, to sell any part of 
 their improved lands, or en bois debout; dispositions of law highly favourable 
 to the improvement of the colony, and which secure to the children of the 
 censitaircs, or others, the means of settlement, and of employing their industry 
 in cultivation, on fixed and moderate terms; whereas, if the conversion of 
 the seigniories into free and common soccage should take place, the children 
 of the present inhabitants of the country, and all others desirous to settle 
 thereon, should be left entirely subject to the arbitrary exactions of the 
 seigniors, to their infinite prejudice, and the manifest detriment of the 
 country’s improvement 
 
 Because it appears that the services, or burdens, to which the censitaires , 
 under concessions from seigniors, are subject, are few, clearly understood 
 and ascertained, and are by no means onerous or oppressive. 
 
 J. WILLIAMS, C.L.C. 
 
 $ 
 
 \ n 
 
 4 
 
266 
 
 appendix. 
 
 No. XIV. 
 
 Observations on the Report of the Committee of the whole 
 Council , respecting a Change in the Tenures of the 
 Province of Lower Canada*. 
 
 Of all the legislators who have preceded the present age, those have been 
 the wisest who have come nearest to an establishment of equality among the 
 subjects. The wisest of all, because he had the Spirit of God, whom we 
 adore, was Moses; he divided the lands amongst the Hebrews with so much 
 justice and equality, that the smallest complaint was never heard. But it 
 would have been little to have established this equality, had he not used the 
 means of maintaining it. To succeed, he rendered these lands by their 
 nature inalienable, and with so much wisdom, that the inalienability con¬ 
 stantly supported itself against the efforts of avarice, which generally 
 overturns all things. In such manner, that if any one had alienated his 
 estate in a time of calamity, he, or his heirs, if he had any, recovered his 
 property the year of the jubilee. Thus, every fifty years, the ancient distri¬ 
 bution was re-established, in full right. He did more: he provided in such 
 manner for the liberty of individuals, that, if any one had trafficked away a 
 part of his property, he recovered it at that epoch. Thus lost members were 
 restored to their country, who, in re-entering into the possession of their lands, 
 recovered the title of citizens, and found themselves in a condition to fulfil 
 the functions of a citizen. Hence, among them were never known those 
 seditious demands of new registers, or new partitions, so common in Greece, 
 any more than those Agrarian laws so often asked by the Romans. 
 
 If it was at present a question of a new establishment, of giving a form to 
 a new people, a more excellent model could not be proposed. But the 
 present question is only of procuring advantages to a people already esta¬ 
 blished; of correcting faults in the culture of a delicate plant, and not of 
 rooting it up: it is a tree, of which the trunk may be preserved, and provision 
 made for extending its roots. 
 
 It is a tree that may be pruned; but care must be taken not to destroy it, 
 under a pretext of giving more vigour to the roots already fonned, by de¬ 
 priving them of the means of spreading and dividing themselves into new 
 branches, by removing the surrounding earth. This is what must necessarily 
 happen, if the present tenures be abolished, and the soccage substituted in 
 
 * On the 25th of August, 1790, a reference was made by His Excellency the Right 
 Honourable Guy, Lord Dorchester, to the Honourable the Legislative Council of the 
 province, upon the expediency of changing the tenures of the country into the tenure by 
 free and common soccage; and it is upon their report that the above observations were 
 made. For further information, see first and seventh Reports of the Committee of the 
 House of Assembly. 
 
APPENDIX. 
 
 267 
 
 \ 
 
 their place, without obviating two principal inconveniences—the future 
 oppression of the husbandmen, and the ruin of the present seigniors. 
 
 In fact, if the rights of lods et ventes and of bannalite* be retrenched, 
 without a compensation weighed in the balance of justice, it will be lopping 
 off the head of this tree to give more vigour to the roots. The seigniors 
 must perish, whilst the present race of husbandmen would reap the advantage. 
 But, on the other hand, if the future seigniors be permitted to sell their lands 
 uncleared, and to grant leases on such conditions and charged with such 
 services as they please, it will be taking away from individuals the means of 
 procuring lands for their children; whence the future husbandmen would be 
 exposed to oppression. Thus, the head of the tree being lopped off, the root 
 would be seen sensibly to wither, and the tree would perish. Thus, to a 
 happy and truly free people would succeed a people of slaves and wretches— 
 a people without hope of procuring themselves a decent support, and, conse¬ 
 quently, without any certain means of educating their children; by consequence, 
 without morality, and void of probity. 
 
 This has not escaped the vigilant attention of the Right Honourable Lord 
 Dorchester, in the order of reference. His views are, to establish in the 
 province the kind of tenures best calculated to insure the progress of agri¬ 
 culture, to render the people happy, to attract new settlers, and procure a 
 numerous population. Views truly wise, and worthy the representative of a 
 great King. 
 
 To attain this end, His Excellency wishes the soccage to be considered 
 conformable to the clauses inserted in the statute 12th Car. II., cap. 24; 
 that the advantages and disadvantages of this tenure may be compared with 
 the advantages and disadvantages of the present tenures: and in case a 
 change should appear to be advantageous, the mode to be chosen of doing it 
 without prejudice to the rights of individuals and the general interest of the 
 country is shown. Such is the certain route marked out by His Excellency, 
 in following which we cannot run any risk of error. 
 
 The statute 12th Car. II., cap. 24, retained the tenures in soccage, frank 
 ahnoigne, petit serjeanty, the honorary services of grand serjeanty, and the 
 copyhold, or tenures by copy of court-roll. This may be seen in Blackstone 
 (Chap. I. of the modern Tenures). 
 
 The soccage, in its most ample signification (says this respectable author), 
 seems to denote a tenure by any certain and determinate service. It is of 
 two species: the free soccage, of which the services are honourable ; and the 
 villain soccage, of which the services, though certain, are of a base nature. 
 Such as hold by honourable services are called liberi sokemanni, free sokemen; 
 freeholders, according to Glanvil, &c. &c. 
 
 The grand criterion, the touchstone by which to distinguish this kind of 
 
 * The suppression of bannal mills, it is to be feared, might be prejudicial to individuals; 
 for if a toll be not fixed for grinding, he whose mill might be most advantageously situated, 
 would have it in his power to avail himself of this advantage, to vex those who might oe 
 obliged to have recourse to him, in the too-frequent unhappy case of a universally dry 
 season. 
 
 n 
 
 v 
 
 i 
 
 \ 
 
 
 
u 
 
 268 APPENDIX. 
 
 tenure, is by its services being certain and determinate ; such, in particular, 
 are the petit serjeanty, tenure in burgage, or the manner in which boroughs 
 and towns hold of their lords, and gavel-kind. This is confirmed by what he 
 says a little higher, that the military services (as escuage itself), while they 
 remained uncertain, were equivalent to knight service; and that the instant 
 they were rendered certain, they changed both their nature and name, and 
 were called soccage: from whence he concludes, it is the determination of 
 the services that gives the name to this tenure. 
 
 Nothing, adds he, better proves a great liberality, a great privilege, than 
 the certainty of the nature of the services which frees the tenant from the 
 obligation of obeying, without delay, the caprice of a seignior, who called on 
 him when he pleased, as in the knight service ; for which reason Britton, who 
 describes the tenure in soccage, under the name of fraunke ferme, says, that 
 they consist in lands, of which the nature of the services, being of chivalry, 
 has been changed by feoffment, for certain and determined annual services, 
 among which were reckoned neither homage, ward, marriage, or relief. 
 
 Blackstone afterwards proves, that the tenure in soccage is not less of 
 feudal origin than the chivalry tenure; and that by the ten instances of com¬ 
 parison, which are too long to insert here, it suffices to say a few words, en 
 passant, on two of these instances. 
 
 At the fourth, he says, that the tenure in soccage was of common right, 
 subject to aids to the lord, when his son was knighted, when he married his 
 eldest daughter, &c. &c., which aids were fixed by the statute of Westminster 
 1, chap. 36, at 20s. for every £.20 per annum ; these aids which were origi¬ 
 nally mere benevolences, were afterwards enacted as matter of right. The 
 statute 12th Car. II., abolished them, for what reason is easily seen. These 
 aids, in the first instance, were only benevolences; they were raised by 
 vexation into absolute rights; the seigniors became oppressors. 
 
 But it was not so with respect to the relief, which was paid by the heir at 
 the death of his ancestor, and which was a year’s revenue of the estate held in 
 soccage, whether considerable or not This relief which Bracton does not 
 look upon as a real relief, but simply as qucedam prtestatio loco relevii in recog - 
 nitionem domini , was retrenched by the statute of Edw I., chap. 1., which 
 declares that the free sokeman shall pay no relief, but after the death of his 
 ancestor shall pay double the usual rent. 
 
 The statute 12th Car. II., reserves this relief; and on lands in fee simple, 
 holden by a rent, the relief is still due on the death of the tenant. 
 
 It would be too long to recite the tenures in villainage simple and privi¬ 
 leged ; the different modes of possessing them and their different services; 
 what they have in common with free soccage, and in what they differ; it 
 suffices to remark, that the statute 12th Car. II., chap. 24, sec. 7, has reserved 
 the tenure by copy of court-rolls, with all the services dependent thereon; 
 and, consequently, arbitrary rights, at the will of the lord, are yet acknow¬ 
 ledged in England. It is true that the courts of justice have confined 
 these rights within moderate bounds, to prevent their absorbing tbc inhe¬ 
 ritance, insomuch that, except under particular circumstances, never more 
 
appendix. 
 
 than two years’ revenue of an estate are allowed in case of succession or 
 alienation*. 
 
 Such are the tenures that have prevailed in England since the statute 
 12th Car. II. It is clearly seen that the free soccage, if it does not properly 
 admit a relief, admits, at least, of a compensation. 
 
 The villain soccage admits the rights of heriot, in lieu of the relief, to be 
 paid after the death of the tenant, by his heir; it admits the rights of alien¬ 
 ation, even arbitrarily (at least by fiction), and according to the will of the 
 lord; though, in one sense, they become certain, because the courts, in their 
 judgments, will not suffer them to exceed two years’ revenue on the lands they 
 thus held. 
 
 Our roturier tenures, according to the custom of Paris, do not admit of 
 relief in any case; and the alienation fines, called lods et ventes , can never 
 extend to two years’ revenuef. These are the tenures I am about to show, 
 according to the custom of Paris, with the tenure in fief in eapite, or imme¬ 
 diately from the King, and the tenure in arritrefief. 
 
 All the tenures of Canada arc conformable to the custom of Paris, and are 
 divided into noble and roturier. 
 
 The noble tenures are all subject to the rights of francs fiefs and nouveaux 
 acquets, when they fall into hands of roturiers or in main-morte; that is, a fine 
 which these roturiers or holders in main-morte, becoming possessors of noble 
 estates, are obliged to pay to the King, when he shall be pleased to order a 
 declaration of itj. 
 
 Those noble tenures are either francs aleux , or fiefs subject to services or 
 redevances ; or fiefs in frmJc almoigne. The only object, at present, being to 
 obviate the odium meant to be thrown on our tenures, it suffices to mention the 
 fiefs held by services and redevances. 
 
 The fiefs are held either immediately or mediately of the King. The im¬ 
 mediate vassal of the King, owes him, 
 
 1st. Fealty and homage, with the aveu et denombrement. 
 
 2nd. In case of sale or other act equivalent to a sale, the new possessor 
 
 owes the quint §. 
 
 3rd. In case of succession, in the collateral line only, the heir owes the 
 
 "'‘in those according to the Vexin le Franfois, which are but few, the 
 relief is due on every mutation, but never any quint. 
 
 • Notwithstanding the modifications so wisely established against oppression, can any 
 one I" these .ervice, are ver, onerous i .u our present tenures, are there an, 
 
 that can be Dut in comparison with these ? 
 
 + They ate but a twelfth part of the amount of the purchase-raoney. 
 
 + T he Kine orders this declaration nearly every forty years, according to Ferne e, 
 
 * this change may be looked upon as uncertain; its rate being according 
 ZZ f ;ZL f «Z officers updated for this purpose, from a state of the revenue, 
 arising from the possessions. 
 
 >> The flf.h part of the Pyo^” 0 ^’ 6 « d b, award, or b, offer of the heir, 
 
 at'ii^o^hTX 6 ,:/. ThU d rSl cau be paid bu, once in a ,ear, however - 
 rous such mutations may be iu that period. 
 
 
 
 r. 
 
u 
 
 ¥ 
 
 % " 
 
 270 APPENDIX. 
 
 5th. The military service in virtue of the ban , if the tenant be not privi¬ 
 leged*. 
 
 The mediate vassal of the King owes to the seignior of whom he imme¬ 
 diately holds, all the above dues, except the military service, which is never 
 due but to the King. 
 
 Such are the burdens of common right; there are some others very reason¬ 
 able and of great advantage to the public good, imposed by clauses in the 
 concessions cited in the report of the Solicitor-General, as well as in the 
 replies of the Honourable Charles de Lanaudi&ref. 
 
 I say nothing of La Justice ,— 
 
 » 1st. Because it is fallen into disuse, or useless since the conquest, par- 
 
 ticularly by the Quebec Act. 
 
 2nd. Because it would create confusion in the present administration of 
 justice. 
 
 3rd. Because it is not inherent in the feudal tenure, fief et justice n'ont rien 
 de commun\. 
 
 If from all these rights be excepted the right of franc fief and of nouveaux 
 acquets , it may be said, that the noble tenures have no dues repugnant to the 
 soccage, because, in this case, they have none but what are certain. 
 
 I may venture to say, they are neither onerous to the tenants nor uneasy 
 to the government And as the statute 12th Car. II., by the sect 6, of cap. 24, 
 i ' reserves all these rights, except for estates held immediately of the King in 
 
 capite f I may add, that they have nothing contrary to this statute, except 
 what may regard the rights owing to the King. What will be said of the 
 rotures will show that these first tenures are not oppressive for the 
 censitaires. 
 
 A juster idea cannot be given of the roturier tenures, considered with 
 respect to their nature, than by using the proper terms of FerriSre, in his 
 Dictionnaire de Droit. His words are, verbo roture: — 
 
 “ Roture is an inheritance held en censive , different from fiefs, which are 
 inheritances held nobly. Fealty and homage, the denombrement, relief quint » 
 main-mise , retrait feodal, forfeiture, have no place in rotures. 
 
 “ Inheritances held in roture owe but two principal rights; the annual 
 cens f and the lods et rentes , which are due from the new proprietor to the 
 seignior censier, in virtue of sale, or other conveyance equivalent to a sale. 
 
 “ To these two rights must be added the fines for non-payment of the 
 cens , or for failure of notifying the sale ; the first is of five sols Parisis §, the 
 second of three livrcs , fifteen sols. n 
 
 To form any other idea of the rotures under the custom of Paris, is to 
 
 * This duty has never been required in Canada. 
 
 t They are to give notice of what mines may be found in the said fiefs; to reserve oak 
 trees proper for building vessels; and to furnish the necessary ground for erecting forts on. 
 —See 6rst Report of the Committee of the House of Assembly, page 69. 
 
 J Ferrtere, titre premier des fiefs en general , paragraphe premier No. 35, page 54, 
 to the end. 
 
 $ Sols Parisis are three-pence and one-third, and three litres fifteen sols make thirty- 
 seven pence halfpenny. 
 
APPENDIX. 
 
 271 
 
 abandon the best layr authorities. It remains to show, that every man has a 
 right to oblige the seignior to grant him lands, at a very moderate and 
 certain return. 
 
 The right and facility that every individual in the province has of having 
 lands under the present tenures, is manifestly proved by the ordinances cited 
 hy the Solicitor-General and the Honourable Charles de Lanaudidre, as well 
 as by the clauses of the concessions of seigniories, as these gentlemen have 
 also well remarked. 
 
 1. By these ordinances, and by these clauses, it is expressly forbid to the 
 seigniors to sell lands uncleared, on pain of re-union to the domain of the 
 crown. 
 
 2. It is expressly ordained, that the seigniors shall grant lands to all who 
 ask for them. 
 
 3. If the seigniors refuse to grant them, after being required so to do, the 
 persons asking the said lands shall make complaint to the Governors, &c., 
 which Governors are authorized to grant them to them, under the name and 
 for the profit of the King, at the same rate as the other concessions of the 
 said seigniory. 
 
 To show that the charges and redevances of the rotures are certain and 
 moderate, it suffices to expose the highest rentes that are known to have been 
 stipulated prior to the conquest, without examining if any seignior, under 
 the silence of the government since that epoch, may have stipulated for 
 higher, or put in practice any vexation. 
 
 1. The greatest rentes before the conquest, when they were stipulated to 
 be in cash, were two sols tournois per superficial acre*. 
 
 2. Those which were stipulated in money and wheat, were ot one sol tournois 
 per superficial acre, and a bushel of wheat for forty superficial acres. 
 
 As to the censy it consisted, generally speaking, of a sol , or a sol and a half 
 tournoisy for every acre in front, by the whole depth of the concessionsf. 
 This cens is subject to— 
 
 1. The right of lods et rentes. 
 
 2. La saisine; that is to say, twelve deniers Parisis, for being seized of it: 
 but the eighty-second article of the custom says, Ne prend saisine qui ne rent. 
 There is no obligation to take saisine\. 
 
 3. The fine when the case happens §. 
 
 By the ordinances already cited, and by the clauses inserted in the con¬ 
 tracts, the censitaires are obliged,— 
 
 * Two sols tournois are equal to a penny and one-ninth; a sol tournois being five- 
 
 ninths of a penny. . . . . 
 
 + A sol and a half tournois is fifteen-eighteenths of a penny of cenSy for an arpent in 
 front, by twenty, thirty, forty arpents in depth. Some are known to be one hundred and 
 twenty-six arpents in depth, which are subject but to this cens. 
 t Twelve deniers Parisis are equal to two-thirds of a penny. 
 
 t This fine is of two sorts: one is incurred by the refusal of paying the cew# et rentes t 
 and U of five sols Parisis; the other arises from the default of notice being given of the 
 sale, and consists of three litres and fifteen sols. But a sentence of the judge is 
 necessary to oblige the proprietor to the payment of these fines. 
 
5272 
 
 AVI'ENDIX. 
 
 1. To let their grain be ground at the seignior’s mill, and to pay the 
 fourteenth part for grinding. 
 
 2. To make, or permit to be made, all roads and bridges necessary for 
 the public. 
 
 3. To clear their lands and occupy them, within a year and a day from the 
 date of the contract. [A clause extremely favourable to agriculture, to the 
 advancement of the province, and to population.] 
 
 4. They are subject to the reserve of mines, ores and minerals, and 
 oak trees*. 
 
 Thus every man has a right to insist on a grant of land, without its costing 
 him a sol to become a perpetual proprietor of itf; and if the rentes are all 
 stipulated to be in money, he will pay annually for an estate, for example, of 
 four acres by forty, a rent of sixteen livres tonrnois , and a cens of six sols J. 
 
 If, on the contrary, the rent is in money and wheat, he will pay eight livres 
 tournois of rentes and six sols of cens f with four bushels of wheat §. 
 
 If afterwards this land is sold, the purchaser, on entering into all the rights 
 of the settler, becomes also subject to the charges, and will owe the lods et 
 rentes ||. 
 
 Is it then without reason that, under the present system of tenures, the 
 people of this province are said to be happy ? Is the censitaire exposed on 
 his death to have the fruits of his labour torn from him, after flattering him¬ 
 self with having, by the labour of a whole life, acquired for the children of his 
 bosom the sacred right of an inheritance ? 
 
 Can these tenures be compared to the leases of ten, twenty years, for life, 
 &c., known in England, of one or of several acres of land for annual rents of 
 two, four, six, ten guineas per acre, which the unfortunate husbandman can¬ 
 not pay without being reduced to live on a fourth part of what is necessary to 
 satisfy his appetite, and that in potatoes, oats, &c. ? Yet, still happy if he be 
 not obliged, after having cleared a great part of his land, to abandon his sacred 
 and natural right to the fruits of his labours, gained by the sweat of his brow, 
 from his incapacity to pay an oppressive rent. 
 
 Is this a kind of tenure, which draws the blood of the labourer to nourish 
 and satiate the rich lord, as voluptuous as indolent and useless ? Is this a tenure 
 where the earth devours its inhabitants, and must fall, by a natural tendency, 
 into the hands of these great proprietors, the eternal scourge of population ? 
 
 * As to oak trees, this reserve does not take from them the liberty of cutting them down 
 on the land they clear, nor even on their other lands; custom having ever considered this 
 reserve in this sense: that the King has a right of taking those trees wherever he finds 
 them, as also the seigniors for their milts, &c., without having it in their power to charge 
 their censitaires with culpability for cutting them dowR. There is even a judgment of 
 31. Begon, of the 20th of July, 1729, which forbids the seigniors to trouble their 
 censitaires in the employment and sale of the oak trees they cut down on their lands, 
 t It will cost him but the notary’s fee for passing the deed. 
 
 } Making lfts. 1 d. annual rent for one hundred and sixty arpents of land. 
 
 ^ Making 7 s. 8rf., with four bushels of wheat, for the same quantity of land. 
 
 || The tods et rentes , as has been already said, are the twelfth part of the amount of 
 the purchase-money; the seigniors generally remit a fourth of this right, without any 
 prescription being established against them by custom. 
 
APPENDIX. 
 
 273 
 
 Asa proof, none are known to leave the province to seek elsewhere a more 
 advantageous kind of tenure ; while we see arrive here families in swarms, to 
 enjoy the benefits that its tenures offer them, and breathe the free air of its 
 husbandmen. 
 
 Such are the observations I have made, after reading with attention and 
 reflecting on the extract of the proceedings of a Committee of the whole 
 Council of His Majesty, printed by order of his Excellency, dated the 20th of 
 October last. As a citizen and native of the province, of course as much inte¬ 
 rested in its welfare as any can be, I think no one can blame me for them. 
 I submit them, with the most humble respect, to the examination and wisd mi 
 of the Right Honourable Lord Dorchester. 
 
 THOMAS BEDARD, Priest 
 
 Quebec , February 16, 1791. 
 
 No. XV. 
 
 List of Counties and Members for each , according to the 
 Representation Bill, as amended by the Legislative Coun¬ 
 cil and agreed to by the House of Assembly , 11 th of * 
 March , 1829, taking the Population according to the last 
 Census of 1825. 
 
 Counties. 
 
 1. Gaspe - - - - 
 
 2. Bonaventure - - 
 
 3. Rimouski - - - 
 
 4. Kamouraska - - 
 
 5. L’Islet - - - - 
 
 6. Belle- Chasse - - 
 
 7. Dorchester - - - 
 
 8. Beauce - - - 
 
 9. Megantic (doubtful) 
 
 10. Lothbini&re - - 
 
 11. Nicolet - - - - 
 
 12. Yamaska - - - 
 
 13. Drummond - - - 
 
 14. Sherbrooke - - - 
 
 15. Standstead - - - 
 
 16. Missisquoui - - - 
 
 17. Shefford - - - - 
 
 18. Richelieu - - - 
 
 Members. 
 - 1 
 
 - I 
 
 - 2 
 - 2 
 _ 2 
 - 2 
 - 2 
 - 2 
 
 2 
 
 2 
 
 2 
 
 2 
 
 2 
 
 1 
 
 2 
 
274 
 
 appendix. 
 
 Counties. 
 
 Members. 
 
 19. St. Hyacinthe - 
 
 20. Rouville - - - 
 
 21. Verch&res - - 
 
 22. Chambly - - 
 
 23. La Prairie - - 
 
 24. Beauliarnais 
 
 25. L’Acadie - - 
 
 26. Vaudreuil - - 
 
 27. Ottawa - - - 
 
 28. Deux Montagnes 
 
 29. Terrebonne - - 
 
 30. Lacbenaye - - 
 
 31. L’Assomption - 
 
 32. Montreal - - 
 
 33. Bertbier - - - 
 
 34. St. Maurice - - 
 
 35. Champlain - - 
 
 36. Portneuf - - 
 
 37. Quebec - - - 
 
 38. Montmorenci - 
 
 39. Saguenay - - 
 
 40. Orleans - - - 
 
 41. City of Quebec - 
 
 42. City of Montreal 
 
 43. Three Rivers - 
 
 44. William Henry 
 
 84 
 
 Total 
 
 In the Bill sent up by the Assembly the number was eighty-nine. The 
 counties of Kamouraska, Belle-Chasse, Richelieu, St. Hyacinthe, Rouville, 
 Chambly, La Prairie, I/Acadie, Deux Montagnes, Terrebonne, Montreal, 
 Bertbier, and St. Maurice, each have one Member by the Bill as amended by 
 the Council (say thirteen); the Bill, as it came from the Council, adds to 
 Rimouski, Beauce, Megantic (doubtful), Lothbinifcre, Sherbrooke, Missisquoui, 
 Lacbenaye, and Orleans, one each (say eight); which leaves the eighty-four 
 Members. 
 
 The Bill goes into opperation at the next general election, only excepting 
 with regard to tlie townships, which are to elect representatives next sum¬ 
 mer, to be present at the next session of the Assembly. The township Mem¬ 
 bers in all are nine; and, including Beauliarnais, which is partly of land in 
 free and common soccage and partly enfief, eleven; eight only of these, being 
 for the eastern townships, can, however, be returned before the general election. 
 
 The principle by which the representation is regulated by the amendments 
 
APPENDIX. 
 
 275 
 
 of the Council, is two Members for 4,000 inhabitants and upwards; above 
 1,000 and under 4,000, one; under 1,000, to vote in the nearest county. 
 The Bill sent to the Council gave one Member for about every 5,000 souls.— 
 Quebec Gazette, March 12, 1829. 
 
 No. XVI. 
 
 Encouragement to Emigration . 
 
 A Bill to encourage emigration from foreign parts into this province has 
 been sent from the Legislative Council, and concurred in by the House of As¬ 
 sembly. Its provisions, we believe, are briefly these Foreigners may pur¬ 
 chase and hold lands in this province, and convey the same in fee simple; and, 
 at the expiration of five years, having complied with certain conditions of 
 registry, &c. &c., and taking the oath of allegiance, shall be considered natural 
 born subjects of His Majesty, and be admitted to all the privileges of subjects, 
 with the right, under our provincial statutes, of voting at elections, and being 
 returned to serve in Parliament, after having completed a residence of seven 
 years in the province. 
 
 The Bill is one of those reserved for His Majesty’s pleasure .—Quebec Mer¬ 
 cury, March 31, 1829. 
 
 FINIS. 
 
 t 
 
 
u 
 
 LONDON: 
 
 PRINTED BY T. BRETTELL, RUPERT STREET, HAYMARKET.