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 *^ €h I 
 
 tU'!?»iiy'-r. 
 
A HISTORY 
 
 OF THE 
 LATE PROVINCE OF 
 
 LOWER CANADA, 
 
 Parliamentary and Political, 
 
 FROM THE COMMENCEMENT TO THE CLOSE OF ITS EXISTENCE 
 AS A SEPARATE PROVINCE; 
 
 Embracing a period of Fifty Years, that is to say^ — from the erection 
 of the Province, in 1791, to the extinguishment thereof, in 1841, 
 and its reunion with Upper Canada, by act of the Imperial Parlia- 
 ninnt, in consequence of the pretensions of the Representative 
 Assembly of the Province, and its repudiation, in 1837, of the 
 Constitution, as by law established, and of the Rebellions to which 
 these gave rise, in that and the following year ; with a variety of 
 interesting notices, financial, statistical, historical, &c,, available 
 to the future historian of North America, including a prefatory 
 sketch of the Province of Quebec, from the conquest to the passing 
 of the Quebec Act, in 1774, and thence to its division, in 1791, 
 into the Provinces of Upper and Lower Canada ; with details ol 
 the Military and Naval operations therein, during the late war 
 with the United States ; fully explaining also the difficulties with 
 respect to the Civil List and other matters ; tracing from origin to 
 outbreak, the disturbances which led to the reunion of the two 
 Provinces. 
 
 tLitxizLLj. 
 
 * 
 
 BY ROBERT CHRISTIe/ 
 
 IN THREE VOLUMES. 
 
 VOL. I. 
 
 QUEBEC: 
 PRINTED AND PUiiLlSHED BY T. GARY & CO., 
 
 BOOKSELLERS AND STATIONERS. 
 
 1848. 
 
■l^tf' ^ 
 
 i rs' \ 
 
 Entered according to the Act of the Provincial Legislature, in the 
 year one thousand eight hundred and forty-cne, " for the protec- 
 " tion cf copy rights in this province," by Rosert Christie, in 
 the office of the Rec>^rar of the Province of Canada. 
 
 Febmary, 1848. 
 
 •V 
 
 Hf 
 
TO HIS EXCKLLENCY 
 THE RIGHT HONORABLE 
 
 JAMES, EARL OF ELGIN AJND KLNCARDINE, 
 
 KNrOUT or THE MOST ANCIKKT AND MOST NOBI.E 
 ORDER OF THE THISTLE, 
 
 HKR MAJESTY'S 
 GOVERNOR GENERAL 
 
 OF 
 
 i 
 
 BRITISH NORTH AMERICA, 
 4'^., 4*r., SfC, 
 
 THIS WORK IS, WITH HIS EXCKLLKJJCV 9 LEAVE, 
 
 RE8PECTFULI.Y INSCRIBED BY 
 
 THE AUTHOR. 
 
T 
 
 ther 
 thet 
 is pr 
 late I 
 rial ( 
 any 
 engli 
 write 
 an a 
 thed 
 and } 
 mine 
 upon 
 admit 
 and t 
 the ii 
 why i 
 toth( 
 with 
 was a 
 I an it 
 (instru 
 tend 
 
Mf 
 
 •< i 
 
 .{ 
 
 ^ , INTRODUCTION. 
 
 . -. ■ -SKiyai'i! 1 ',' I ________ '■-■■. 
 
 The history of Canada previous to the conquest and 
 thence to the division of the province of Quebec into 
 the two provinces of Upper Canada and Lower Canada, 
 is pretty well understood ; but, of neither of these two 
 late provinces, now reunited, has any complete memo- 
 rial of their separate existence, from first to last, nor 
 any thing beyond pieces of their history, in the 
 english language at least, in so far as has come to the 
 writer's knowledge, been published. The present is 
 an attempt to supply, with respect to Lower Canada, 
 the desideratum, if such there be in the public mind, 
 and with what (idelit) and success, the reader will deter- 
 mine. The constitution of this province, modelled 
 upon that of Great Britain, as far as circumstances 
 admitted, having, after a fair trial of nearly fifty years, 
 and much patience and long forbearance on the part of 
 the imperial authorities, proved a failure, the questions, 
 why ? — and, — how ? very naturally present themselves 
 to those, who, happy enough not to have been mixed up 
 with the agitation and intrigues by which the country 
 was allowed too long to be distracted, nevertheless take 
 an interest in its history- and welfare, and look for 
 [instruction on the subject. The present work may 
 tend to solveth 08 e queries. „ , 
 
ii 
 
 In Upper CanaJa, the same constitution which, in 
 Lower Canada, was repudiated by its representative 
 a&sembly, backed as indubitably it was, by the great 
 majority, indeed nearly the whole of the constituent 
 masses throughout this province, worked well and pros- 
 perously for that province, the body of whose inha- 
 bitants were, it is to be observed, british or of british 
 origin, and who, finding in it the guarantee of their 
 rights, as british subjects, and the faculty of developing 
 the resources, and with them, also the prosperity of the 
 country, and its defence as well against aggression from 
 without as treason within, cherished, and would have 
 fought and died in its defence. Whether it were that 
 the one race had more aptitude and were better quali- 
 fied for the appreciation and use of it than the other, it 
 is not with us to say ; but, from whatsoever cause, the 
 fact always is patent and irrrefutable, that, in the 
 hands of the one it throve, answered the intended 
 purpose, and was appreciated by the people as a bless- 
 ing, the palladium of their privileges, and made 
 available accordingly. Whereas, in those of the other, 
 notwithstanding that during the first twenty-five years 
 of its existence it worked to admiration, it signally 
 failed, turning out, unhappily, something worse than 
 a mere failure. The success in the one instance and 
 miscarriage in the other, are not, however, mentioned 
 with any view of drawing unfavorable compari- 
 sons, but as facts now of history, accomplished and 
 irrevocable, whatsoever may have been the causes, or 
 the consequences past or to come, and upon which the 
 philosophic reader will expend what conjectures his 
 reflection may suggest. But one thing, it would seem 
 
 the 
 
ill 
 
 which, in 
 resentative 
 y the great 
 constituent 
 11 and pros- 
 vhose inha- 
 ir of british 
 [ee of their 
 ' developing 
 )erity of the 
 'ession from 
 would have 
 it were that 
 better quali- 
 ihe other, it 
 r cause, the 
 hat, in the 
 le intended 
 e as a bless- 
 and made 
 >f the other, 
 y-five years 
 it signally 
 worse than 
 nstance and 
 , mentioned 
 lie compari- 
 plished and 
 |e causes, or 
 n which the 
 yectures his 
 would seem 
 
 is certain. — The same spirit that rendered the constitu- 
 tion abortive, in l^ower Canada, survives, and far from 
 neutralised by the union, still leavens the larger mass, 
 and though for the moment stifled in it, is not tlie less 
 actively at work, if recent warnings of sinister augury, 
 scarcely to be mistaken, are to go for any thing, and 
 may again produce the same, if not still greater mis- 
 'i chiefs. It will be for those who are " responsible," of 
 lookout, and they are probably not inattentive to what 
 is going on. 
 The present work traces the matters alluded to 
 I throughout their progress, from cause to effect, and 
 ^from origin to result — including the differences between 
 |the house of asfc>ambly and executive, with respect ti> 
 the civil list, miscalled " ffnancial difficulties," there 
 I being in the finances themselves, no failure nor embar- 
 irassment whatever, nor any tin iig mine than a misun- 
 nderstanding as to the manner, in which the funds to 
 provide for that important object should be given ; 
 fthe assembly setting up pretensions in (lie niatler 
 ideemed unconstitutional by the executive, and a^ 
 ^uch, resisted by it. The pretensions of that body to 
 |clictate a reform in the constitution, by insisting upo" 
 the introduction of the elective principle in the for- 
 brmation of the legislative council, are also fully traced 
 rom commencement to term — from the first proposi- 
 ion in the assembly,and repudiation of the principle by 
 t in adherence to the established constitution, unti'. the 
 eriod of its formal abdication of the constitution itself, 
 n behalf of the very principle it but recently had 
 epudiated. Such is the progress that innovating notion^c, 
 )reign, nay, absurd as they may seem when started, 
 
if 
 
 I 
 
 and ill received as they may be, for the moment, will 
 sometimes make, involving favorable or fatal consequen- 
 ces, according to circumstances, times, and the direction 
 they take from these. The writer, however,gives no ver- 
 sion purely hisown.ofany of tho important public matters 
 submitted to his reader, whom it is his desire faithfully 
 to instruct, by the production of authentic evidences of 
 the facts he relates, or by references to such sources of 
 information as he thinks are to be relied upon, without 
 exaggeration, or extenuation of any thing. 
 
 The actors, in the political drama that will be pro- 
 duced, of whatsoever party they may be, are allowed 
 to tell their own tale, lest the writer should misunder- 
 stand and unintentionally do them injustice, and the 
 reader will consequently have the advantage of judging 
 for liimself, of their pretensions and of their doctrines, 
 by their own shewing and the fruits they have produc- 
 ed. He has endeavoured to guard himself against his 
 own prepossessions and prejudices, neither approving 
 nor condemning, otherwise than as the matters related 
 bear on their face their approval or condemnation, 
 and to contine himself within the province of a faithful 
 pioneer of history, recording the things good or evil, 
 proper to be remembered either as subjects to be ad- 
 mired and imitated, or to be reprobated and avoided in 
 after times — beacons upon which those who are to 
 follow us may be guided and shape their course accord- 
 ingly — relating such matters of ordinary interest, how- 
 ever, as are generally known and admitted to be facts, 
 and which, if not so, may easily be contradicted, for 
 his reader's information and amusement. 
 
 Four distinct and well marked epochs in the historv 
 
of Lower Catmdci, will bo oliserved by the reader. — 
 First — from the establishment of tlie constitution, ill 1791 
 to 1810, twenty years, during which it worked well and 
 seemed to promise a long and prosperous futuriJy. 
 But clouds at tlic close of this period began to gatjjer — 
 party spirit had set to work, and appealing to national 
 prejudices, began to disturb the harmony bet\N L^en the 
 two races, which, till then, hail prevailed. Secom/ltj — 
 from 1810, when the assembly spontaneously made the 
 offer to defray all tbe necessary expenses of the civil 
 government of the province, (which hitherto were only 
 in part defrayed by it, the dillerence coming from the 
 military chest,) to 1818, when, pursuant to this ofTer, 
 that house was formally called upon to redeem its 
 pledge and to make, in a constitutional manner, the 
 necessary provision, accordingly. — This space includes 
 the short period of the american war, the best and 
 brightest in the annals of Lower Canada, and indeed, 
 of the people of both Canadas, and of either origin, 
 each and all in their respective sections having acquit- 
 ted themselves of their duty, with a loyalty, patriotism, 
 and bravery, of which no country or people ever fur- 
 nished, a nobler example in defence of their homes and 
 their altars. Thirdly — from 1818 to 1828, during the 
 so called " financial difficulties ;'* a period of intrigue, 
 agitation by partisan lea^lers, and misunderstanding 
 between the house of assembly and the executive rela- 
 tive to the civil list, and other things, resulting In an 
 appeal to the government at home, and parliament of 
 the United Kingdom, by the famous petition of, as 
 pretended, 87,000 lower Canadians, complaining of 
 grievances in 1827, and which gave rise to the report 
 
i! 
 
 ( 
 
 I 
 
 VI 
 
 by a committee of the house of commons in 1828, 
 known as, the report of the Canada Committee, acce- 
 lerating still greater mischiefs upon the inhabitants of 
 the two Canaclas than the grievances, it no doubt was, 
 in the best faith possible, intended to redress. — And, 
 fourthly and finally — from 1828, when the " concilia- 
 tory" scheme, in pursuance of " the report," came into 
 action, until as anticipated, its perfect abortion, in 1837, 
 by the formal repudiation of the constitution, on the part 
 of the representative body, and the rebellions in various 
 parts of the (>rovince, in that and the following year, 
 in connection with its pretensions, and stimulated by 
 its example and doctrines ; events in themselves to 
 be deplored, and which brought on, in J 840, the act of 
 reunion, merging the two provinces into one, the \m)- 
 vince of Canada, as a remedy, whether the righl one 
 or not remains to be seen. 
 
 The idea of an elective legislative council, it may 
 here be observed, was first started by Mr. Fox, in the 
 discussion of the constitutional act, for the Canadas, in 
 1791, but without effect, as alien to the brit'sh consti- 
 tution. From this we hear no more of it, till 1828, 
 when Mr. Neilson, one of the bearers of th? petition of 
 the pretended 87,000, on Canadian grievances, pray- 
 ing, among other things, that the constitution be 
 preserved" intacte,^^ on his examination before the com- 
 mittee to whom the petition was referred, revived the 
 idea, but did not recommend it, as to his prejudice is 
 generally understood to have been the case. The 
 defective composition of the legislative council, was 
 one of the subjects complained of in the petition. On 
 being questioned by the committee, as to the amend- 
 
vu 
 
 in 1828, 
 [tee, acce- 
 abitants of 
 loubt was, 
 ss. — And, 
 •^ concilia- 
 came into 
 n, in 1837, 
 on the part 
 in various 
 i^ing year, 
 [nulated by 
 mselves to 
 , the act of 
 [', the j)n»- 
 |j right one 
 
 ;il, it may 
 
 'ox, in the 
 
 lanadas, in 
 
 ish consti- 
 
 till 1828, 
 
 petition of 
 
 ces, pray- 
 
 tution be 
 
 'e the com- 
 
 ived the 
 
 •ejudice ivS 
 
 ise. The 
 
 ncil, was 
 
 tion. On 
 
 le amend- 
 
 ments that might be suggested, he is represented to 
 have stated, that an elective council might be sate 
 enough, but that it was contrary to the constitution, 
 and to tlie wishes even oi those whom he represented, 
 and the notion was dropt. We next find it intro- 
 duced for discussion in the assembly, by Mr. Lee, 
 without effect however, the assembly not being then 
 (hsposed to countenance the proposition ; but finally, a 
 few years afterwards, we find it revived and insisted upon 
 by the assembly, as a principle which, at all hazards, it 
 was determined should be introduced into the formation 
 of the legislative council, repudiating for the sake )f it, 
 |*he existing constitution, refusing also, as previously 
 they had done for years, the necessary supplies to 
 defray the ordinary and extraordinary expenses of the 
 ^government to carry their point, and coerce the home 
 government into the measure. 
 
 § As to the difficulties relating to the civil list, the 
 
 ^reader will easily see through them. The purposes of 
 
 the assembly were too palpable to be mistaken, although 
 
 when the offer was first spontaneously made, nothini^, 
 
 there is every reason to believe, was intended, beyond 
 
 llputting the matter upon a fair and constitutional footing, 
 
 l^nd to secure to the representatives of the country their 
 
 lust and rightful controul upon the public expenditure. 
 
 Jrhe subject took, however, in the sequel, another turn, 
 
 nd became one of great annoyance to the executive 
 
 overnment and to the country. Whatever opinion the 
 
 eader may form on this and other mailers he will mett 
 
 ith on which ditiiculties arose, he will not fail to 
 
 ark and appreciate the unwearied, the exhaustless 
 
 atience of the home government throughout the long 
 
I 
 
 VIU 
 
 period of the so called fiiiancial and other difficulties 
 started in the colony, and which it had to discuss 
 and conciliate, as best it co«ild, but after all could * A ; — 
 its earnest and unswerving anxiety to get at and redress 
 all real and tangible grievances submitted,year after year 
 to it, by the assenably, and to do justice in every possi- 
 ble shape to the people of the province, and in particu- 
 lar to those of french origin, down to the very hour, an 
 evil one indeed, when ntiistaking a spirit of paternity 
 and conciliation, by the authorities of the empire, for 
 weakness, the more hasty and inconsiderate, deter- 
 mined upon doing themselves justice, by an unwise, and, 
 certainly, under all the circumstances, an unprovoked 
 appeal to the ultima ratio, putting an end to all 
 further conciliatory steps. The reader will not fail 
 also to perceive that in all the pretensions, however 
 eccentric or unconstitutional, set up by the representa- 
 tive body, it was sustained, from first to last, down to 
 the abdication of its functions and repudiation of the 
 constitution, by the constituent masses throughout the 
 province, with trifling exceptions, as previously men- 
 tioned. The endeavours of the home government to 
 conciliate, the determination not to be conciliated by 
 any < oncesions, it could safely or consistently make, 
 being evident, were viewed from the outset as hopeless, 
 by all who had observed the origin and progress of the 
 *' grievances," which finally broke out in rebellion. 
 
 Never had the government of the province, since it 
 had become a part of the british empire, stood in so pre* 
 carious a position as at this crisis, for which it was in a 
 measure unprepared^ although the entire of the forces in 
 the Canadas was concentrated for an expected rupture in 
 
 
 tW€ 
 
 invi 
 
 f 
 '% 
 
 wh( 
 
 
 gov 
 
 '-V 
 
 aim 
 
 ■i^ 
 
 min 
 
 
 desi 
 
 
 whi 
 
 
lit 
 
 difficulties 
 to discuss 
 jould • Jt ; — 
 i and redress 
 lar after year 
 every possi- 
 i in particu- 
 ery hour, an 
 of- paternity 
 empire, for 
 Brate, deter- 
 unwise, and, 
 I unprovoked 
 1 end to all 
 will not fail 
 »ns, however 
 ! representa- 
 last, down to 
 iation of the 
 roughout the 
 viously men- 
 )vernnient to 
 nciliated by 
 ently make, 
 as hopeless, 
 )gress of the 
 ebellion. 
 ince, since it 
 ood in so pre* 
 1 it was in a 
 the forces in 
 )d rupture in 
 
 Lower Canada, whither they had been altogether 
 withdrawn from the upper province, by the wise pre- 
 vision of the commander of the forces, and well it was 
 that he had the foresight and prudence to take the 
 precaution. — Never, perhaps, had so extraordinary a 
 change, and as many will insist upon it, causelessly, 
 been wrought in the minds of, it is not too much to say, 
 a whole population in so short a peritxl as now mani- 
 fested itself in the Montreal district particularly, where 
 twenty-five years previously, upon the threatened 
 invasion by our neighbours, there was not a man living 
 who would not have shed his blood in defence of that 
 government and constitution, which, in some parls 
 almost to a man, it seemed, they were now as deter 
 mined and ready to subvert, a consummation ardently 
 desired in the fever and delirium of the moment, and 
 which the whole of her Majesty's forces in the country 
 directed as they were by one of the ablest gene- 
 rals in the british army, but with difficulty preventedi 
 and not without loss of life, and though of l.ille 
 consequence compared to it, much waste of treasure, — 
 and how to account for the change ? Phrensy, political 
 influenza, sense of wrong — the reader and the casuist 
 may call and attribute it to what they please, but it is of 
 the severe duties of the annalist, however painful to him- 
 self or offensive to others the task, faithfully and without 
 bitterness to record the change and the events, and to 
 leave to the statesman and the philosopher the study of 
 them as a subject worthy of their consideration. 
 
 Let it not for a moment be supposed from anything 
 
 that has preceded that there is a disposition to undervalue 
 
 he estimable qualities, moral and social, of the Canadian 
 
habitant of french origin. The class is too generally 
 known and its virtues acknowledged, to need commenda- 
 tion or commentary as to character here. Many indeed 
 of them have erred, but, who has not? — and may err 
 again. Unable always to Judge for themselves in matters 
 of policy and government, they are, perhaps, too 
 easily led, and sometimes astray, by those in whom they 
 have confided, but the diffusion of education and the 
 light of the press will, by and bye, it is to be hoped, 
 
 dispel the darkness ; and we who live, may yet before 
 departing see the day when not a spot upon the 
 
 escutcheon of our fellow subjects of french origin but 
 
 shall have been wiped away. ,, .^ . , ,,tL*^ ^, 
 
 The Canadian population of french descent are not, 
 be it observed, to be judged of morally, or socially, by 
 the late disturbances,in which numbers of them in certain 
 quarters, were induced to join, at the instigation of lead- 
 ers and political agitators, some of whom at the crisis, 
 abandoned and flecf from those they had misled. In a 
 religious, moral, and social sense, the french Canadian 
 cliaracter is not excelled by that of any people in the 
 world. He who would be perfer^lly acquainted with 
 Jean Baptiste must visit him at his country residence, 
 and abide with him there awhile — if in the winter season, 
 when the long veillees afford leisure and opportunity for 
 conversation, all the better ; — see him in his social and 
 domestic circle, in the sever,*»l relations of parent, neigh- 
 bour, and friend, .and he will then understand and 
 appreciate the old gentleman. *,. ,*.. ,^,^:,^ 
 
 Canada, be it also observed, never was a convict or 
 penal colony to which the offscourings of the mother 
 country, France, were transported. On the contrary, 
 the greatest care was bestowed by the french govern- 
 
ment, from its first occupancy of the country, in the 
 colonization of it ; many individuals of (he first families 
 in that kingdom, and gentlemen, taking an interest, em- 
 barking in the enterprise, and emigrating to the colony 
 then called and known as **/a nouvelle France^^'' the 
 influence of whose manners and example upon their 
 followers partaking in common with them of the 
 urbanity of the french disposition, is still conspicuous 
 and characteristic of their descendents. Liberal endow- 
 ments, for the religious needs of the colony, for the 
 instruction of its youth, male and female, for hospitals, 
 asylums, and other charitable institutions, were made at 
 an early period, and on a magnificent scale, as the 
 estates of the late order of Jesuits, those of the seminaries 
 of Quebec and Montreal, and of the various religious 
 communities of ladies in those cities testify. The 
 government, though in its character despotic, was in 
 the reality any thing but that, an exceedingly paternal 
 one, providing mild and wise laws, suitable to the infant 
 state of the colony, and fostering its growth by every 
 means that could be devised, and sparing no expense. 
 In fact, everything was done that foresight and wisdom 
 could suggest ; as if the government of France contem- 
 plated in the colonization of Canada, as no doubt it 
 did, the establishment of a future empire, and were 
 determined to lay the foundations accordingly, broad 
 and deep, as truly they were, judging of them, as at 
 this day we see them, not in ruins, but still thrifty and 
 thriving under the protection of another not less paterral 
 dominion. 
 
 The first and second chapters, it will be perceived, 
 are rather introductory to, than a part o the history 
 
 -A- 
 
itself, of Lower Canada. But the matters they treat 
 of, being necessary to a right understanding of it, the 
 writer has thought proper to initiate his reader, by 
 submitting to him a sketch of what the province of 
 Quebec or Canada was anterior to its division into the 
 provinces of Upper and Lower Canada; — that is to 
 say, from the conquest in 1759 and 1780, down to 
 1791, a period of thirty years. The reports of the 
 attorney general Thurlow and solicitor general Wed- 
 derburne, on Canadian affairs, in 1772 and 1773, 
 copious extracts from which are given in the second 
 chapter, will be found interesting and read with satis- 
 faction. They are from manuscript copies in posses- 
 sion of G. B. Faribault, esq., one of the vice-presidents 
 of '• the Literary and Historical Society of Quebec," 
 to whose industry, in the collection of memorials valua- 
 ble to the history of the country, it is much indebted ; 
 and who, having obligingly communicated them to us, 
 with permission to make use of them,we have not failed 
 to take the advantage of his kindness, (and for which 
 these are our acknowledgments to him,) and to quote 
 largely from them, for the information of the reader. 
 These valuable papers must, in all probability, have been 
 already published ; but, not recollecting to have seen 
 them even alluded to in any work on Canadian affairs, 
 we have with pleasure and may say, with pride, 
 embodied considerable portions of them in the present. 
 They are splendid and most gratifying proofs of the 
 spirit of justice and liberality towards Canada, that have 
 characterised the statesmen and jurists of our country, 
 from the incorporation of the former with it, and- the 
 great empire of which it makes part, and which it is an 
 
Xlll 
 
 th9y treat 
 ig of it, the 
 reader, by 
 province of 
 ion into the 
 —that is to 
 ), down to 
 ports of the 
 neral Wed- 
 and 1773, 
 the second 
 i with satis' 
 IS in posses- 
 e-presidents 
 hf Quebec," 
 orials valua- 
 h indebted ; 
 them to us, 
 ve not failed 
 for which 
 jnd to quote 
 the reader. 
 , have been 
 have seen 
 |dian affairs, 
 ;vith pride, 
 he present, 
 oofs of the 
 {a, that have 
 ur country, 
 it, and the 
 ich it is an 
 
 agreeable duty to tlie writer of these lines to put on 
 record, as an humble tribute, of liis respect for the 
 memories of the great and good men by whom sucli 
 noble bentiments were expressed, towards the race and 
 country, of whose general history he is endeavouring to 
 Iput together a portion for the use of future labourers 
 in the same field. 
 
 With respect to the extinguishmentof Lower Canada, 
 
 ^as a province, and its reunion with Upper Canada, the 
 
 ) writer wishes it to be understood that his work is 
 
 |intended, neither as an apology for, nor in animadver- 
 
 fision of the measure, but impartially to record, as of his- 
 
 |tory, those matters that led to it. The reader will judge 
 
 |for himself of its expediency or the reverse, according to 
 
 |the view he may take ot them. The history of a people 
 
 jis part of their public property, and not the least valuable 
 
 it, and this is but the writer's contribution to the 
 
 eneral stock. The intelligent reader, will, it is hoped, 
 
 iiowever, on a perusal of the whole, be able to form a 
 
 just opinion upon that important measure, and deter- 
 
 ^mine whether, consistently with the integrity of the 
 
 |cmpire and the dignity of its government, the separate 
 
 existence of Lower Canada as a province, after all that 
 
 had occurred, were any longer endurable, and its sup- 
 
 ^jnession and reunion with Upper Canada (which by the 
 
 ame measure, be it also observed, lost in like manner 
 
 ts separate existence) were not, rather than a matter ot 
 
 :iioice, one of absolute necessity imposed on the imperial 
 
 uthorilies by the former. At all events, tiie reunion be- 
 
 ig now a work accomplished and done, not iiastily nor 
 
 ithout due consideration of the subject, in all its hearings, 
 
 ill, probably, not hastily he undone. Confidiri;^ more iti 
 
t » 
 
 
 I! } 
 
 XIV 
 
 tiie wisdom of those who have adopted ihe measure, ^ 
 than in those who forced it upon them, we may, 
 without presumption, entertain the belief, that agitate, 
 not to use a stronger term, who may, for its undoing, 
 the game will scarcely pay, and that the labour may 
 prove worse than lost, it will, one may reasonably 
 suppose be wiser, taking all things to account, in the 
 masses, frankly to join in carrying out the views of the 
 imperial legislature, than to combine in thwarting 
 them, if such be contemplated : — to make it in good faith, 
 and in the true spirit of british subjects faithful to iheir 
 duty, their allegiance and their interests, work in the i 
 right direction, as a measure of iijternal union and 
 strength for constitutional purposes, the promotion and 
 stability of good government, and above all, the inte- 
 grity of the empire, rather than as some political 
 sciolists of the day treacherously would turn it, to sap 
 the foundations of our whole social and political fabric, 
 facilitate the progress of treason, and hasten the subju- 
 gation of the british north american possessions, or if 
 the reader prefer the term, " annexation" to the ambi- 
 tious republic adjoining us; which heaven in its mercy 
 and our own prowess, if we must come to blows, avert. 
 
 Quebec, January, 1848. 
 
 
 
 1 
 
 
 m 
 
 
 ^^1 
 
 fket< 
 
 9 
 
 th( 
 
 m 
 
 of 
 
 1 
 
 ac 
 
>! 
 
 iiie measure, 
 em, we may, 
 ', that agitate, | 
 r its undointr, 
 le labour may 
 ay reasonably 
 ceount, In the 
 e views of the 
 
 in thwarting 
 it in good faith, 
 aithl'ul to their 
 
 work in the 
 nal union and 
 promotion and 
 D all, the intc- 
 some political 
 turn it, to sap 
 lolitical fabric, 
 
 ten the subju- 
 sessions, or if 
 
 to the ambi- 
 n in its mercy 
 
 blows, avert. 
 
 
 ,. j t"'^ 
 
 
 CHAPTER I. 
 
 Sketch of CanaJa from the Conque?t, (1759 and 1760) to 
 the passing of " The Quebec Jict,"*^ in 1774 — Provisions 
 of the Act — It defines the boundaries of the newly 
 
 ' acquired dominions constituting " the Province of Que- 
 ^>ec" — Continues the old Civil Laws of the country — 
 Establishe the English Criminal Code — Declares the 
 free exercise of the religion of Rome, and confirms the 
 
 ' Clergy in their accustomed dues — The Governor or Com- 
 mander in Chief for the lime being, and a Council ap- 
 pointed by the Crown, empowered to make Ordinances 
 
 , for the peace, welfare, and good government of the Pro- 
 vince, &c. — Opinions of the Act in England — Address of 
 the Greneral Congress to the inhabitants of the Province of 
 Quebec. 
 
 The first intervention of the British Parlia- Chap. 
 mi in the affairs of Canada, after the con- ** 
 [uest, finally achieved by the capitulation of i76o 
 [ontreal in 1760, and confirmed by the treaty j^*°^ 
 peace between France and England in 1 763, 
 Was in 1774, when two Acts were passed relat- 
 j|ig to the newly acquired territory, then called 
 the Province of Quebec." The one gave it a 
 Constitution and form of government which we 
 lall more particularly notice presently. — The 
 kher provided a revenue for defraying the 
 Idministration of justice and support of the 
 livil government, by the imposition of certain 
 luties on spirits and molasses, and which du- 
 ies were in lieu of others enjoyed by the 
 'rench King previous to the conquest. They 
 ^ere, however, in the total but inconsiderable 
 
:!»• 
 
 \ 
 
 1774. 
 
 cn.ap. and far short of the amount annually required 
 ^^ for the purposes to which they were appro- 
 1760 priated, the de^ciency being supplied from the 
 'f> Imperial tre/ •-y.*' 
 
 From the conquest to this epoch, fourteen 
 years, the province appears to have been 
 governed generally to the satisfaction of the 
 inhabitants. During the three first years of 
 this period, however, the government was a 
 purely military, though it seems an equitable 
 one, and, indeed, more to the taste, as some 
 will have it, of " the neio subjects,^* (as the 
 Canadians were then denominated,) them- 
 selves a brave and military people inured to 
 war and discipline, than that which immedi- 
 ately succeeded it, and perhaps than any that 
 have since followed. The royal proclamation 
 of 1763, by their new Sovereign, King George 
 the third put an end to this, and introduced a 
 new order, something more congenial to British 
 feelings and habits, with the double view of 
 tranquilizing the new subjects, by the intro- 
 duction of a government better suited to pro- 
 tect them in their civil rights and institutions 
 than previously, and of encouraging emigra- 
 tion from home into His Majesty's newly ac- 
 quired North American dominions. All dispute? 
 from this time forward, between the new sub- 
 jects concerning rights in land and real pre- 
 property, inheritance, succession to, and divi- 
 sion of the same among co-heirs, continued as 
 
 I v 
 
 See the Statutes of 14 Geo. Ill, chapters 83 end 88. 
 
 1 
 
8 
 
 previous to the conquest, to be determined cin 
 iccording to the ancient customs and civil laws^; 
 )f Canada, and by judges conversant with those i: 
 laws, selected from among their own country- ^l 
 len ; and these also were the rules of decision 
 In the like matters, between the old subjects of 
 [he King who had immigrated hither and settled 
 the province. Most of *hese expected, 
 iowever, that in all cases wherein they were 
 personally concerned, civilly or criminally, the 
 iws of England were to apply, in confor- 
 lity as they read it, with His Majesty's pro- 
 clamation, imagining also that in emigrating, 
 ley carried with them the whole code of 
 Inglish civil and criminal laws for their pro- 
 lection. 
 
 The criminal law of England following the 
 jonqueror, as a matter of right prevailed as the 
 proper code under which the innocence or guilt 
 ^^^British subjects^' on trial ought to be tested, 
 id the new subjects were not long without 
 ;eling its superiority over the laws it supplant- 
 id. 3fn all cases of personal contracts and 
 lebts of a commercial nature the English laws, 
 would also seem, practically ruled, but as in 
 i\\ civilized countries the laws which regulate 
 [uch matters are nearly the same, they were 
 Iheerfully acquiesced in, and although anoma- 
 les, unavoidable in the novel and transition 
 tate in which the colony and its judicature 
 ^ere placed, did undoubtedly occur in the 
 Iministration of civil justi'^e occasionally, 
 there not being wanting those who have 
 
 I) 
 
 71. 
 
p 
 
 % 
 
 lit 
 
 (Miitp. 
 
 I • 
 
 1760 
 
 to 
 1774 
 
 asserted that there was no fixed rule in admi- 
 nistering it, justice being sometimes dealt out 
 according to the one code, and at times accord- 
 ing to the other, and perhaps imperfectly, in 
 reference to either,) it seems clear that justice 
 was intended, and in the main fairly dealt out 
 by those entrusted with it, and indeed to the 
 public satisfaction. This, however, the reader 
 will observe, relates to the period occurring 
 between the conquest and 1774, subsequent to 
 which and down to the division of the pro- 
 vince of Quebec into the two Provinces of 
 Lower and Upper Canada in 1792, great dis- 
 satisfaction at the courts of justice and judges, 
 under the new judicature system arose and con- 
 tinued until it was reformed by Act of the Legis- 
 lature of Lower Canada, inl794, and which also 
 in its turn has been superseded by an Act of the 
 Legislature of Canada in 1843, to what pur- 
 pose remains to be seen, but little, if we are to 
 credit those practising in the courts of law, and 
 admitted as the best qualified to judge of it, 
 better than the previous system, if so good, yet 
 infinitely more costly to the province. 
 
 Considerable anxiety prevailed, neverthe- 
 less, during the former period, ( 1763 to 
 1774 ) as to the system of laws that was 
 permanently to rule ; each class of subjects, 
 old and new, looking for the prevalence | 
 of that with which tfiey were most fami- 
 liar, and consequently considered the best, 
 the old subjects holding out for the English | 
 laws, which they insisted had been promised 
 
 ^i 
 
ule in admi- 
 nes dealt out 
 imes accord- 
 perfectly, in 
 r that justice 
 rly dealt out 
 ndeed to the 
 r, the reader 
 )d occurring 
 ubsequent to 
 of the pro- 
 Provinces of 
 2, great dis- 
 and judges, 
 ose and con- 
 of theLegis- 
 d which also 
 mActof the 
 • what pur- 
 if we are to 
 of law, and 
 judge of it, 
 50 good, yet 
 !e. 
 neverthe- 
 ( 1763 to 
 that was 
 3f subjects, 
 prevalence 
 most fami- 
 the best, 
 he English 
 n promised 
 
 mJ guaranteed to them, by His Majesty's pro- 
 clamation ; and the new, for their ancient cus- 
 Itoms and usages, by which, during a long 
 series of years their civil rights, possessions, 
 jand property, had been regulated and secured 
 to them, and which also they maintained were 
 secured to them by the capitulations of Quebec 
 |n 1759, and Montreal in 1760, and finally by 
 |the treaty of peace in 1763, between France 
 #nnd England. 
 
 There was, moreover, a general uneasiness 
 [both among the old and new subjects with 
 respect to the constitution of government 
 [that might finally be established in the pro- 
 ivince, the former looking for one such as 
 they were accustomed to, — a government 
 partaking of a representative character, which 
 [the latter rather deprecated than desired, 
 » apprehensive that in the more skilful hands 
 <)f their fellow subjects of the other origin 
 it might be turned to their disadvantage. — 
 In fact, they looked rather to the preser- 
 vation of their laws and institutions, their 
 civil and their social rights which they per- 
 fectly understood and appreciated, than to any 
 of a political nature to which they were entire 
 strangers ; self-government, politics and legisla- 
 |tion being quite out of their sphere, and beyond 
 their aspirations. The government of a single 
 individual, or governor aided by a council or a 
 certain number of advisers, was perfectly intel- 
 ligible to them, and such as they had been 
 I accustomed to, and if honest and upright, all 
 
 Chi).. 
 1771. 
 
 1. 
 
17(il) 
 
 to 
 1774. 
 
 ill 
 
 r 
 
 6 
 
 Chap, they desired. A constitution consisting of a 
 ' governor and two branches, was quite new to 
 the great body, who could not understand their 
 meaning or purposes, and therefore considered 
 the whole as an English invention, {invention 
 Jinglaise,) intended to cheat theii> of their 
 rights, and, in the long run, their money ; 
 and how far they may have been right or 
 wrong in their suspicions casuists may deter- 
 mine if they can. But of such a government 
 and constitution they had no correct concep- 
 tion, and few in the mass were then qualified 
 to partake of it, if established. Nor in the 
 opinion of the British government, had the 
 time as yet arrived, when the state and cir- 
 cumstances of the province would admit of a 
 constitution modelled after that of England, 
 and, accordingly, the legislation of the country 
 was entrusted to a governor and legislative 
 council appointed by the crown, in conformity 
 to the provisions of " the Quebec Act." 
 
 This act was exceedingly unpopular in Eng- 
 land as well as unsatisfactory to the old sub- 
 jects or British settlers in Canada, and besides 
 gave umbrage to the neighbouring colonies 
 then on the eve of revolt, which it contributed 
 to accelerate.* It was, however, just in its 
 
 * Authentic copy of an Address and Petition presented to Ihe 
 King by the Corporation of London^ previovs to His Majesty 
 signins: the Bill for the better govei'nment of Quebec : — 
 
 «< To the King's Most Excellent Majesty. 
 " Most Gracious Sovereign. 
 " We your Majesty's most dutiful and loyal subjects, the Lord Mayor, 
 Aldermen and Common Council of the city ot London, in common 
 ooHncil assembled, are exceedingly alarmed that a bill has passed 
 
provisions towards the King's new subjects, chap, 
 [suited to the country, and worked well. ^ 
 
 The population of the province at this time, 
 1774, is variously stated. " The Quebec Act" 
 [states it at " oi^er sixty-five thousand," and in 
 other quarters it is asserted, upon what data 
 does not satisfactorily appear, at a hundred 
 (and twenty thousand. The truth may lie half 
 way between the extremes or thereabout, but 
 fven this is but conjecture. The revenue as 
 
 ,'our two houses of Parliament, entitled an " An Act for makinfj more 
 effectual provision for the government of the province of Quebec, in 
 North America," which we apprehend to be entirely subversive ol" 
 the great t undaniental principles of the constitution of the British mo- 
 iiarcKy, as well as of the authority of various solemn acts of the 
 legislature. 
 
 '< We beg leave to observe, that the English law, and that wonder- 
 ful effort of human wisdom, the trial by jury, are not admitted by this 
 pill in any civil cases, and the French law of Canada is imposetl on all 
 [he inhabitants of that extensive province, by which botl: the persons 
 |nd properties of very many of your Majesty's subjects are rendered 
 iisecure and precarious. 
 
 We humbly conceive, that this bill, if passed into a law, will be 
 )ntrary, not only with the compact entered into with the various sel- 
 lers, of the reforme<l religion, who were invited into the said province 
 ider the sacred promise of enjoying the benefit of the laws of your 
 Balm of England, b'll likewise repugnant to your royal j»roclamation 
 If the 7th of October, 1763, for the speedy settlement of the said new 
 government. 
 
 That, consistent with the public faith pledgeil by the said procla- 
 lation, your Majesty cannot erect and constitute courts of judicature 
 bd public justice for the hearing and determining all cases, as well 
 kivil as criminal, within the said province, but as near as may be 
 breeable to the laws of England ; nor can any laws, statutes, or ordi- 
 lances, for the public peace, welfare, and good government of the said 
 Province, l)e made, constituted or ordained, but according to the laws 
 ' this realm. 
 
 " That the Roman catholic religion, which is known to be idolatrous 
 nd bloody, is established by this bill, and no legal provision is made 
 &r the free exercise of our reformed faith, nor the security of our pro- 
 festant fellow-subjects of the church of England, in the true worship of 
 Umighty God, according to their consciences. 
 " That your Majesty's illustrious family was called to the throne of 
 ^ese kingdoms in consequence of the exclusion of the Roman-catholir 
 icient branch of the Stuart line, uuder the express stipulation that 
 
 m 
 
 p 
 
 T'h 
 
8 
 
 1760 
 
 to 
 
 1774. 
 
 l ■( 
 
 Chap, previously stated was slender. According to 
 ^' Mr. Smith, {History of Canada) the whole 
 duties on wine and spirituous liquors collected 
 at the port of Quebec, for the three years 
 preceding 1766, only amounted to £2,327, 
 Halifax currency. By the Receiver General's 
 accounts, observes the same gentleman, the 
 territorial revenue for the thirteen years from 
 1st May, 1775, to 1st May, 1788, comprehend- 
 
 they should profess the protestant religion, and according to the oath 
 established by the sanction of parliamenl a the iirst year of the 
 reign of our great deliverer King William the Third, your Majesty 
 at your coronation has solemnly sworn that you would, to tho 
 utmost of your power, maintain the laws of God, the true profession 
 of the Gospel, and the protestant reformed religion established by law. 
 
 " That although the term of imprisonment of the subject is limited 
 to three months, the power of fining is left indefinite and unrestrained, 
 by which the total ruin of the i)arty may be effected by an enormoiu 
 and excessive fine. 
 
 " That the whole legislative power of the province is vested in per- 
 sons to be wholly appointed by your Majesty, and removable at your 
 pleasure, which we apprehend to be repugnant to the leading princi- 
 ples of this free constitution, by which alone your Majesty now holds, 
 or legally can hold, the imperial crown of these realms. 
 
 " That the said bill was brought into parliament, very late in the 
 j^resent session, and after the greater number of the members of the twc 
 hopjses were retired into the country, so that it cannot fairly be pre- 
 sumed to be the sense of those parts of the legislature. 
 
 " Your petitioners, therefore, most humbly supplicate your Ma- 
 jesty, as the guardian of the laws, liberty, and religion of your people, 
 and of the great bulwarJcof the protestant faith, that you will notgivv 
 your royal assent to the said bill. 
 
 ' ' And your petitioners, as in duty bound, will ever pray. " 
 
 Extract of an Addre^f to the people of Great BrUaint from 
 the Delegates appointed by the several English Colonies of Neu 
 Hampshire^ MaKsaclmsett^ Jiay^ Rhode hland, and Provident 
 PlantotionSf Connecticut, New York, New Jersey, Pennsylvania^ 
 the lower Counties on Delaware, Maryland^ Virginia, North Ca- 
 rolina, and South Carolina, to consider of their grievances in 
 General Congress, at Philadelphia, September 5th, 1774 ;— 
 
 *• Well aware that such hardy attempts (to take our property fron 
 IIS — to deprive us of that valuable right of trial by iurj- — to seize on; 
 persons, and carry us for trial to Great Britain — to blockade our port> 
 
9 
 
 Lccording to 
 
 the whole 
 
 ►rs collected 
 
 three years 
 
 to £2,327,1 
 
 er General's 
 
 illeman, the 
 
 i years from 
 
 omprehend- 
 
 ;ording to the oath 
 first year of tlie 
 ird, your Majesty 
 >u would, to tho 
 the true profession 
 fstablished by law, 
 e subject is limited 
 e and unrestrained, 
 jd by an enornvoti' 
 
 ze is vested in per- 
 
 removable at your 
 
 the leading pnnci- 
 
 Tajesty now holds, 
 
 ms. 
 
 t, very late in the 
 
 lembers of the twn 
 
 not fairly be pre- 
 
 e. 
 
 iplicate your Na- 
 
 on of your people, 
 
 t you will not gi>v 
 
 rpray." 
 
 it Britain, fron 
 Colonies of Nev 
 and Providenc( 
 y, Pennsylvania, 
 'iniay North Co- 
 r grievances ii 
 /», 1774;- 
 
 )ur property fron 
 ury — to seize oiii 
 lockade our pori> 
 
 to 
 1771. 
 
 ing arrears, was in actual receipt at the trea-chap 
 ^ury, not equal to ten thousand pounds sterling. ^^ 
 ** The Quebec Act" defined the boundaries neo 
 )f the Province of Quebec. It set aside all 
 )rovisions under the royal proclamation of 7th 
 October, 1763, pursuant to which the province 
 iad since been governed, the same having, it 
 ras said in the Act, upon experience, been 
 )und inapplicable to the state and circum- 
 [tances of the province, the inhabitants whereof 
 |mounted at the conquest to over sixty-five 
 lousand persons professing the religion of the 
 [hurch of Rome, and enjoying an established 
 )rm of constitution and system of laws by 
 »^hich their persons and property had been 
 
 -to destroy our charters, and change our forms of government) wouUl 
 :casion, and had already occasioned great discontent in all the colo- 
 ies, which might produce opposition to these measures, anactwaa 
 ssed " to protect, indemnify, and screen from punishment, such as 
 light be guilty even oi'murder, in endeavouring to carry their oppres- 
 
 $e edic!3 into execution ;" and by another act " the dominion of ('.. 
 la is to be so extended, modelled, and governed," as that by being 
 united from us, detached from our interests, by civil as well as reli- 
 l^ous prejudices, that by their numbers swelling with catholic emi- 
 •arits from Europe, and by their devotion to administration, so friend- 
 to their religion, they might become formidable to us, and, on occa- 
 ion, be fit instruments in the hands of power, to reduce the ancient 
 pe protestant colonies to the same state of slavery with themselves. 
 "This was t'vidently the object of the act: and in this view, being 
 ctremely dangerous to our lil)erty and quiet, we cannot forbear com- 
 plaining of it. as hostile to British America. — Superadded to these 
 jnvictions, we cannot help deploring the unhappy condition to which 
 has reduced the many English settlers, who, encouraged by the 
 )yal proclamation, promising the enjoyment of all their rights, have 
 urchased estates in that country. They are now th'j subjects of an 
 rbitrary government, deprived of trial by jury, and when imprisone<i 
 umot claim the benefit of the habeas corpus act, that great bulwark 
 1(1 palladium of English liben'y : — nor can we suppress our astonish- 
 lent, that a British parliament should ever consent to establish in that 
 )untrya religion that has deluged your island inblotxl, anddisperseil 
 ipiety, bigotry, persecution, murder, and rebellion, through every 
 lit of the world." 
 
 
 m 
 
 
 m 
 
to 
 1774 
 
 i li 
 
 III 
 
 10 
 
 Chap, protected, governed and ordered for a long' 
 ' series of years, from the first establishment of! 
 
 J76*, Canada ; and it reinstated, or rather continued; 
 and established the civil laws of the countryJ 
 which practically, with respect to property andj 
 civil rights, had been observed since the con- 
 quest, as just stated. 
 
 The existing commission, under authority of 
 which the government was administered, and 
 all ordinances by the governor and council of 
 Quebec, for the time being, relative to the 
 civil government and administration of justice, 
 and all commissions to judges and other officers 
 were revoked and made null by the Act. The 
 exercise of the Roman catholic religion was 
 declared free, and the clergy thereof maintain- 
 ed in their accustomed dues and rights, with 
 respect to such persons only as professed the 
 said religion, which thus became established 
 by law, in this part of the British empire in 
 virtue of an Act of Parliament, while at home, 
 ?\nd in other parts of the empire, persons pro- 
 fessing the religion of Rome still laboured under 
 the most galling disabilities on account of their 
 religious creed. 
 
 All His Majesty's Canadian subjects within 
 the Provin^^e of Quebec, the religious orders 
 and communities only excepted, (nor were any 
 of these, in tact, ever divested of their pro- 
 perty, of which to the present time they 
 remain in undisturbed possession, except the 
 Jesuits, whose order had been suppressed by 
 a papal brief,) were secured in their property 
 
 !■! HI 
 
u 
 
 ind possessions, customs and usages rela-chap, 
 [ive thereto, and all other civil rights to^^ 
 [he fullest extent consistent with their alle-^7'^ 
 fiance to His Majesty, and subjection to J^' 
 [he crown and parliament of Great Britain, it ' 
 >eing specially enacted that in all matters of 
 controversy relative to property and civil rights, 
 resort should be had to the laws of Canada as 
 [he rule for the decision of the same, liable, 
 lowever, to alteration by any ordinances of the 
 povernor and Legislative Council that might 
 )e made for that purpose. 
 
 The criminal law of England, " the certainty 
 md lenity" whereof, and the benefits and ad- 
 vantages resulting from the use of which, it 
 -as also observed in the act, had been sensi- 
 >ly felt by the inhabitants from an experience 
 if more than nine years during which it had 
 ►een uniformly administered, was continued 
 id to be observed as law to the exclusion of 
 ivery other criminal code which might have 
 irevailed before 1764, but subject in like 
 lanner to modification and amendment by 
 )rdinances of the Governor and Council.* 
 
 His Majesty was authorised to appoint a 
 [Council for the affairs of the Province, con- 
 
 • In 1752, Pierre Beaudoindit Cumberland, with three others, sol- 
 liers in a corps called " D^tachement des Troupes de la Marine," then 
 |n garrison in the town of Three Rivers, were accused of having set 
 iire to the Town, in different places, on the nightof the 2l8t May. The 
 rime of arson was proved by witnesses against Beaudoin, but he was 
 jlaced on the rack in order to discover whether he had any accomplice:^. 
 He suffered this punishment without making any declaration, and was 
 linally executed. 
 
 i The punishment of the rack was frequently applied to criminals , and 
 In one instance on a female for having hidden the birth of an illegitimate 
 
 ;w 
 
H I 
 
 I 
 
 11 
 
 12 
 
 <n,ap. sisting of not more than twenty-three, nor less 
 ^- than seventeen persons, which council, with 
 
 ^J consent of the governor.or commander in chief 
 ^f* for the time being, was to have power to make 
 ■ ordinances for the peace, welfare and good 
 government of the province. They were not, 
 however, to lay on any taxes or duties ex- 
 cept such as the inhabitants of any town or 
 district might be authorised to assess and 
 levy within its own precincts for roads or 
 other local conveniences : — No ordinance 
 touching religion nor by which any punish- 
 ments could be inflicted grieater than fine 
 (which, however, as to amount, strange to say, 
 war unlimited,) or imprisonment for three 
 months was to have any force or effect until 
 it received his Majesty's approbation ; — nor 
 were any ordinances to be passed at any meet- 
 ing of the Council where less than a majority 
 of the whole body should be present ; nor at 
 any time except between the first of Januar) 
 and first oi May, unless upon some urgent 
 occasion, in which case, every member thereol 
 resident at Quebec, or within fifty miles of it, 
 was personally to be summoned by the Gover- 
 nor. Every ordinance passed was to be trans- 
 mitted within six months next after enactment 
 
 child. — In another instance a negro female, for having set fire to he 
 master's house, was condemned to be burnt at the stake, after havinj 
 been hung on the gallows. 
 
 The authenticity of the above taken from old manuscript judicial re- 
 cords and papers in possession of G. B. Faribault, £sqr.,one of the Vice 
 Presidents of the Literary and Historical Society of Queliec, may be re 
 lied upon.— It shews that the rack actually was in use in Canada, at. 
 very short period before the conquest. 
 
i;] 
 
 for His Majesty's approbation, and if disallow- chap, 
 ed to be null from the time the disallowance ^• 
 were promulgated at Quebec. "Treo 
 
 Such were the principal provisions of this }o 
 
 important Act, known as " the Quebec Act," ^"'^' 
 
 svhich gave to the conquered people of Canada 
 
 ilmost a national existence, and under which 
 
 the province was governed until divided into 
 
 |he two provinces of Upper and Lower Cana- 
 
 !a, that is to say, from October 1774, when 
 
 [he Act came into operation, to the 26th 
 
 December 1791, when the provisions of ano- 
 
 IherAct (31 Geo. 3, ch. 31,) of still greater 
 
 Importance superseded it by the constitutions 
 
 conferred upon those provinces, which also in 
 
 "leir turn, owing to the failure of that of Lower 
 
 )anada, after a fair trial of nearly fifty years, 
 
 has been found necessary in like manner 
 supersede by the reunion of those pro- 
 luces effected by a recent Act (3 and 4 
 Vict. ch. 35,) of the parliament of the United 
 ^Kingdom. Several useful laws were passed 
 luring this regime, and in particular that 
 Helating to the Habeas Corpus, by an ordi- 
 lance in 1785, intituled ** An Ordinance for 
 
 securing the liberty of the subject and for 
 
 the prevention of imprisonment out of the 
 
 Province." 
 
 The American revolutionary war breaking 
 [ut shortly after the passing of the Quebec 
 '^ct, matters in Canada remained in a state of 
 juspense during the war, in which the new 
 [ubjects feeling little or no interest took no 
 
 B 
 
14 
 
 II 
 
 Chap, very decided or active part. It was a quarrel 
 ' between Great Britain and her own offspring, 
 
 "JTri^the motives to which, on either jside, were 
 t«^ foreign to the inhabitants of the recently ac- 
 
 '^^^" quired possessions, peopled by inhabitants of' 
 French descent. They, indeed, could scarcely 
 be expected, in the transition they so re- 
 (•ently had undergone from the dominion of 
 their hereditary monarch to that of a foreign 
 king whose beneficence they were but begin- 
 ning to feel, as yet cordially to espouse the 
 cause of the latter in a matter which could 
 have so little bearing, as they understood it. 
 on their immediate interests. There were in- 
 stances, it is true, of defection and of consi- 
 derable marauding oarties attendant upon and 
 in the trail of the provincials from jNew England, 
 who in 1775 and subsequently made irruptions 
 into Canada, in the revolutionary service, and 
 from which they w^ere driven with disgrace, after 
 suffering a signal defeat at Quebec, by a handful 
 of sailors and loyal citizens of the two origins, 
 who had organized themselves for its defence, 
 — and there were also, it should be observed, 
 instances of adherence on the part of several ot 
 His Majesty's new subjects, of active loyaltj 
 and of services highly honorable to them, which 
 it needs not the pen that traces these lines to 
 commemorate. — They are already inscribed on 
 the page of history, by abler pens. — But there 
 was no rising tn masse, no organization for co- 
 operation in the revolutionary cause, nor, so 
 far as we know or can learn, agitation wiili 
 
15 
 
 any such view among any considerable portion 
 of, or influential persons of the Canadian peo- 
 iple. — On the contrary, those who at that period 
 )ossessed their confidence and were looked up 
 to by them, are known to have rejected all 
 )ropositions, conveyed through delegates and 
 )thers from the revolutionary authorities in the; 
 pevolted colonies, of a character to disturb their 
 illegiance, or to sever Canada from its de- 
 )endence upon the British Crown.* Some 
 vill probably be of opinion, that all things con- 
 sidered, it was enough (and so it may be) that 
 ley did not turn upon their recent conqueror in 
 le time of his need, and that to their forbear- 
 jnce or supineness, the reader may view it TiS 
 le pleases, the preservation of the Colony to 
 rreat Britain is mainly due. This, however, 
 but a negative kind of merit, and in sober 
 truth, may be all that can be claimed for them 
 ^ that occasion. But not so, however, with 
 Inspect to one of more recent date and still 
 |>*eater importance, as will be seen as we pro- 
 ceed, in which the zeal, unshaken loyalty, and 
 ;live service of the Canadian population, 
 co-operation with their fellow-subjects of 
 Iritish origin in both Canadas, saved them 
 bm the grasp of our greedy and insatiable 
 ;ighbours, (as in case of need they again 
 fould,) in the war of 1612 against England, 
 linly counting upon the disloyalty and treason 
 her North American Provinces, and in parti- 
 ilar of her subjects of French origin in Lower 
 
 See the Address at the end of this Chapter. 
 
 Chap. 
 
 17t«> 
 
 to 
 
 1771. 
 
16 
 
 HrS 
 
 Chap. Canada, in which they were woefully in error, 
 ' as, to their cost, they tbund. 
 17,^ It is not intended, as the reader will have 
 ,Jj*j understood from the title page, to go into the 
 ■ military operations in Canada during the Ame- 
 rican revolutionary war. They are only inci- 
 dentally Lere alluded to, as illustrative to a cer- 
 tain degree of the state of the country, feeling 
 and disposition of the population that afterwards 
 constituted the Province of Lower Canada, a 
 sketch of whose political history, during its late 
 constitution and existence as a province, wo 
 are endeavoring to lay before him. That part of 
 the province of Quebec which subsequently 
 became Upper Canada was then little better 
 than a vast wilderness. If the writer, as it is 
 his desire, shall succeed in recording faithfully 
 and impartially, things as they have occurred, 
 explaining those that have been misrepresented 
 from party spirit or by malevolence, or that in 
 good faith have been misunderstood, and in 
 pointing out the course, which, while followed 
 by our good ship, " the Constitution," was pros- 
 perous and promised us the most successful 
 results, and above all, in marking the fatal 
 shoals and rocks carefully to be hereafter 
 avoided by succeeding voyagers, upon which, 
 in deviating from the proper route, it finally 
 was cast away, his object will be accomplished. 
 He is fully aware of the difficulty of the task 
 he is imposing upon himself. — That he has to 
 guard against his own prepossessions and pre- 
 judices — that his work is one merely of narra- 
 
17 
 
 tion and not of creation, and that he must notct.ap. 
 lose sight of these important considerations in ' 
 its progress. i7,io 
 
 to 
 
 Iddress of the General Congress to the Inhabitants of the 1774. 
 
 Promnce of Quebec, 
 Tieiids and Fellow-subjecls, 
 
 We, the delegates of the colonies of New-Hampshire, 
 Vlassachnselts Bay, Rhode Island, and Providence Plan- 
 tations, Connecticut, New York, New-Jersey, Pennsyl- 
 r'ania, the counties of Newcastle, Kent and Sussex on the 
 )elavvare, Maryland, Virginia, North-Carolina, and South- 
 /arolina, deputed by the inhabitants of the said Coloniej-, 
 represent thenn in a general congress at Philadelphia, in 
 le province of Pennsylvania, to consult together of tho 
 )est methods to obtain redress of our afllicting grievances, 
 laving accordingly assembled, and taken into our most seri- 
 ous consideration the state of public affairs on this conti- 
 nent, have thought proper to address your province, as a 
 lember therein deeply interested. 
 
 When the fortune of war, after a gallant and glorious 
 jsistance, had incorporated you with the body of English 
 Jfcbjects, we rejoiced in the truly valuable addition, both on 
 OTr own and your account ; expecting, as courage and 
 generosity are naturally united, our brave enemies would 
 Ifecome our hearty friends, and that the Divine Being would 
 lless to you the dispensations of his over-ruling Providence, 
 \y securing to you and your latest posterity the inestimable 
 [dvantages of a free English constitution of government, 
 ^hich it is the privilege of all English subjects to enjoy. 
 
 These hopes were confirmed by the King's proclamation, 
 Bsued in the year 1763, plighting the public faith for your 
 ill enjoyment of those advantages. 
 
 Little did we imagine that any succeeding ministers 
 ^ould 80 audaciously and cruelly abuse the royal authority, 
 |is to withhold from you the fruition of the irrevocable 
 ights, to which you were thus justly entitled. 
 But since we have lived to see the unexpected time, 
 'hen ministers of this flagitious temper have dared to vio- 
 ^te the most sacred compacts and obligations, and as you, 
 
 b2 
 
 r*^ 
 
 u 
 
18 
 
 f.. 
 
 (>hnp. c'llucaled under uriotlier form of government, have artfully 
 
 ' l>eeii kept from discovering the unspeakable worth of that 
 
 ""^ lorm you are now undoubtedly entitled to, we esteem it our 
 
 'j|'" duly, for the weighty reasons hereinafter mentioned, to 
 
 1774. «-'xp'»'" to you some of its most important branches. 
 
 " In every human society, (says the celebrated Marquis 
 Heccaria) there is an effort continually tending to confer on 
 (»ne part the height of power and happiness, and to reduce 
 the other to the extreme of weakness and misery. Tht- 
 intent of good laws is to oppose this effort, and to diffu^k.' 
 tlieir influence universally and equally.'* 
 
 Rules stimulated by this pernicious " effort," and sub- 
 jects, animated by the just " intent of opposing good lav\s 
 against it," have occasioned that vast variety of events, 
 that fill the histories of so many nations. All these histo- 
 ries demonstrate the truth of this simple position, that to live 
 by the will of one man, or set of men, is the j)r()ducii()n of 
 mi-jery to all. 
 
 On the solid foundation of this principle, Englislmtcn 
 reared up the labric of their constitution with such a 
 strength, as for ages to defy time, tyranny, treachery, inter- 
 nal and foreign wars : and as an illustrious author* of your 
 nation, hereafter mentioned, observes, ** They gave the 
 people of their colonies the form of their own govern- 
 ment, an(' this government carrying prosperity alont' 
 with it, they have grown great nations in the forests ihey 
 were sent to inhabit." 
 
 In this form the first grand right is, that'of the people hav- 
 ing a share in their own government, by tlieir representa- 
 tives, chosen by themselves, and in consequence of beint; 
 ruled by laws which they themselves approve, not by edicts 
 of men over whom they have no controul. This is a bul- 
 wark surrounding and defending their property, which by 
 their honest cares and labours they have acquired, so that 
 no portions of it can legally be taken from them, but with 
 their own full and free consent, when they in their judg- 
 ment deem it just and necessary to give them for public 
 services ; and precisely direct the easiest, cheapest, and 
 most equal methods, in which they si.all be collected. 
 
 • Montesquieu. 
 
 U- (W^..'.. i 
 
19 
 
 e, Englislinieri 
 
 The intluence of this right extends still farther. If money ciiap, 
 lis wanted by rulers, who have in any manner oppressed the I 
 jpeople, they may retain it, until their grievances are re- 
 Idresiaed ; and thus peaceably procure relief, without trust- 
 jing to despised petitions, or disturbing the public tranquillity. 
 The next great right is that of trial by jury. This pro- 
 Ivides, that neither life, liberty, nor properly can be taken 
 flVom the possessor, until twelve of his unexceptionable 
 •ountrymen and peers, of his vicinage, who iVom iheir 
 lieighbourhood may reasonably be supposed to be acquaint- 
 ;d with ids character, and the characters of the witnesses, 
 ipon a fair trial, and full enquiry, face to face, in open 
 ourt, before as many of the people as choose to attend, 
 'hall pass their sentence upon oath against him ; a sentence 
 hat cannot injure him, wiihout injuring their own reputa- 
 lion, and probably their interest also ; as the question may 
 lurn on points that, in some degree, concern the general 
 livelfare: and if it does not, their verdict may form a prece- 
 Jent, that, on a simihir trial of their own, may militate 
 igainst them. 
 
 Another right relates merely to the liberty of the person. 
 If a subject is seized and imprisoned, th';ugh by order of 
 government, he may, by virtue of this right, immediately 
 ■)tain a writ, termed a Habeas Corpus, from a judge,whose 
 fworn duty it is to grant it, and thereupon procure any ille- 
 gal restramt, to h?. quickly enquired into and redressed. 
 A fourth right is, that of holdng lands by the tenure of 
 ^easy rents, and not by rigorous and oppressive services, 
 ||lVequeHtly forcing the possessors from their families and 
 [their business, to perform what ought to ^e done, in all 
 well regulated states, by men hired for the purpose. 
 
 The last right we shall mention, regards the freedom of the 
 [press. The importance of this consists, besides the advance- 
 jment of truth, science and morality, and arts in general, in 
 its diffusion of liberal sentiments on the administration of 
 I government, its ready communication of thoughts between 
 subjects, and its consequential promotion of union among 
 them, vvhereby oppressive officers are shamed or intimi- 
 dated into more honourable and just modes of conducting 
 affairs. 
 
 These are the invaluable rights that form a considerable 
 
 * :; 
 
20 
 
 1774. 
 
 Chap. P*"*' ®^ ^^^ ^^^^ system of government : that sending its 
 
 I. equitable energy through all ranks and classes of men, de- 
 
 ^-*-v-^ fends the poor from the rich, the weak from the powerful, the 
 
 1760 indu.strious from the rapacious, the peaceable from the vio- 
 
 ^^ lent, the tenants from the lords, and all from their superiors. 
 
 These are the rights, without which a people cannot be 
 free and happy, and under the protection and encouraging 
 influence of which, these colonies have hitherto so amaz- 
 ingly flourished and increased. These are the rights a prof- 
 ligate ministry are now striving, by force of arms, to ravish 
 from us, and which we are, with one mind, resolved never 
 to resign but with our lives. 
 
 These are the rights you are entitled to, and ought at this | 
 moment in perfection to exercise. And what is offered to 
 you by the late act of parliament in their place ? Liberty of 
 conscience in your religion ? No. God gave it to you ; and 
 the temporal powers with which you have been and are con- 
 nected firmly stipulated for your enjoyment of it. If laws 
 di\'ine and human, could secure it ag?jnst the despotic capa- 
 cities of wicked men, it was secured before. Are the French 
 laws in civil cases restored ? It seems so. But observe the 
 cautious kindness of the ministers who pretend to be your 
 benefactors. The words of the statute are, that those " laws 
 shall be the rule, until they shall be varied or altered by any 
 ordinances of the governor and council.'' Is the " certainty 
 and lenity of the criminal law of England, and its benefits 
 and advantages," commended in the said statute, and said 
 to " have been sensibly felt by you," secured to you and 
 your descendants ? No. They too are subject to arbitrary 
 *' alterations" by the governor and council ; and a power is 
 expressly reseiTed of "appointing such courts of criminal, 
 civil, and ecclesiastical jurisdiction, os shall be thought pro- 
 per." Such is the precarious tenure of mere will, by which 
 3'ou hold your lives and religion. 
 
 The crown and its ministers are empowered, as far as 
 they could be by parliament, to establish even the inquisition 
 itself among you. Have )*ou an aseombly composed of wor- 
 thy men elected by yourselves, and in whom you can con* 
 fide, to make laws for you, to watch over your welfare, and 
 to direct in what quantity, and in what manner your money 
 shall be taken from you 1 No, The power of making laws 
 
21 
 
 Of YOU is lodged in the governor and councii, all of them de- Cha;.. 
 lendent upon, and renioveable at the pleasure of a mini.^ter. '• 
 -Besides, another late statute, made without your consent, "^^^ 
 as subjected you to the imposition of excise, the horror ot 'J 
 11 free states ; they wresting your property from you by the 1774, 
 nost odious taxes, and laying oj)en to insolent tax-gatber- 
 rs, houses the arenes of domestic peace and comfort, and 
 ailed the castles of Englisb subjects in the books of their 
 aws. And in the very act for altering your government, 
 nd intended to flatter you, you are not authorised to " assess, 
 evy, or apply any rates and taxes, but for the inferior pur- 
 oses of making roads^ and erecting and repairing public 
 uildings, or for other local conveniences, wittiin your 
 espective towns and districts." Why this degrading dis- 
 Inction ? Ought not the property honestly acquired by C./- 
 adians to be held as sacred as that of Englishmen? 
 ave not Canadians sense enough to attend to any other 
 ublic affairs, than gathering stones from one place and pil- 
 g them up in another? Unhappy people! who are not 
 nly injurp'l, but insulted. Nay more !— With such a super- 
 ti ve con > ;)t of your understanding and spirit has an inso- 
 nt ministry presumed to think of you, our respectable fel- 
 w-subjects, according to the information we have received, 
 firmly to per>uade themselves that your gratitude, for the 
 uries and insults they have recently offered to you, will 
 •gage you to take up arms, and render yourselves the ridi- 
 ule and detestation of the world, by becoming tools, in 
 eir hands, to assist them in taking that freedom from us, 
 hich they have treacherously denied to you ; the unavoid- 
 hle consequence of which attempt, if successful, would be 
 e extinction of all hopes of you or your posterity being 
 ver restored to freedom : for idiotcy itself cannot believe, 
 hat, when their drudgery is performed, they will treat you 
 'iih less cruelty than they have us, who are of the same 
 lood with themselves. 
 What would your country man, the immortal Montesquieu, 
 ave said to such ^^ plan of domination, as has been framed 
 or you ? Hear his words, with an intenseness of thought 
 uited to the importance of the subject. — " In a free state, 
 very man, who is suppos^ed a free agent, ought to be rov- 
 frvfd in his own guvernvient ; therefore the legislative 
 
 m 
 
 m 
 
1 l 
 
 22 
 
 Chap, should reside in the whole body of the people^ or their repre- 
 sentatives.'^ — ** The political liberty of the subject is a Iran- 
 .^^ quillity of mind, arising from the opinion each person has 
 o of his safety. In order to have this liberty, it is. requisite 
 1774 the governmeiit be so constituted, that one man need not be 
 afraid of another. When the power of making laws, and 
 the power of executing them, are united in the same per- 
 son, or in the same body of magistrates, there can be no 
 liberty; because apprehensions may arise, lest the same 
 monarch or senate should enact tyrannical laws, to execute 
 them in a tyrannical manner/' 
 
 " The power oi judging should be exercised by persons 
 taken from the body of the people^ at certain times of the 
 year, and pursuant to a form and manner prescribed by law. 
 There is no liberty, if the power of judging be not separated 
 from the legislative cvid executive powers." 
 
 " Military men belong to a profession which may be 
 useful, but is o/fftn dangerous."— The enjoyment of liberty, 
 and even its support and preservation, consists in every 
 man's being allowed to speak his thoughts, and lay ojien his 
 sentiments." >■ 
 
 Apply these decisive maxims, sanctioned by the authority 
 of a name which all Europe reveres, to your own state. 
 You have a governor, it may be urged, vested with the exe- 
 cutive powers, or the powers of administration. In him, 
 and in your council, is lodged the power of making laws. 
 You have judges, who are to decide every cause affecting 
 your lives, liberty or property. Here is, indeed, an appear- 
 ance of the several powers being separated and distributed 
 into different hands, for checks one upon another, the only 
 effectual mode ever invented by the wit of men, to promote 
 their freedom and prosperity. But scorning to be illuded b; 
 a tinselled outside, and exerting the natural sagacity of 
 Frenchmen, examine the specious device, and you will find 
 it, to use an expression of Holy Writ, *• a painted sepul- 
 chre," for burying your lives, liberty and property. 
 
 Your judges, and your legislative council, as it is called, 
 are dependent on your governor, and he is dependent on the 
 servant of the crown in Great Britain. The legislative., 
 executive, and judging powers are all moved by the nods 
 of a minister. Privileges and immunities last no longer than 
 
 his SI 
 I Such 
 
 up th^ 
 
 ning 
 jtructi^ 
 ismootl 
 j as abs 
 I pots ol 
 I from 
 I mastel 
 IgeonsJ 
 
lent of liberty, 
 
 ler, the onlv 
 
 IS it is calle( 
 
 ■•■!§ 
 
 his smiles. When he frowns, their feeble forms dissolve, chap 
 Such a treacherous ingenuity has been exerted in drawing I. 
 np the code lately offered you, that every sentence begin- 
 ning with a benevolent pretension, concludes with a des- 
 tructive: and the substance of the whole, divested of its 
 smooth words, is— that the crown and its minister shall be 
 as absolute throughout your extended province, as the des- 
 pots of Asia and Africa. What can protect your property 
 from taxing edicts, and the rapacity of necessitous and cruel 
 masters 1 your persons from leitres de cachet, gaols, dun- 
 geons, and oppressive service 1 your lives and general liberty 
 from arbitrary and unfeeling rulers ? We defy you, casting 
 your view upon every side, to discover a single circvin- 
 stance, promising from any quarter the faintest hope of liber- 
 ty to you or your posterity, but from an entire adoption into 
 lie union of these colonies. 
 
 What advice would the truly great man before mentioned, 
 
 jthat advocate of freedom and humanity, give you, was he 
 
 low living, and knew that we, your numerous and powerful 
 
 leighbours, animated by a just love of our invaded rights, 
 
 nd united by the indissoluble bands of affection and interest, 
 
 ailed upon you, by every obligation of regard for yourselves 
 
 nd your children, as we now do, to join us in our righteous 
 
 ontest, to make a common cause with us therein, and to 
 
 ke a noble chance of emerging from a humiliating subjec- 
 
 ';|ion under governors, intendants, and military tyrants, into 
 
 he firm rank and condition of English freemen, whose cus- 
 
 om it is, derived from their ancestors, to make those tremble 
 
 ,vho dare to think of making them miserable. 
 
 Would not this be the purport of his address ? " Seize the 
 pportunity presented to you by Providence itself. You have 
 been conquered into liberty, if you act as you ought. This 
 work is not of man. You are a small people, compared to 
 those who with open arms invite you into a fellowship. A 
 moment's reflection should convince you which will be moi«t 
 for your interest and happiness, to have all the rest of North 
 America your unalterable friends, or your inveterate ene- 
 mies. The injuries of Boston have roused and associated 
 every colony, from Nova Scotia to Georgia. Your province 
 is the only link that is wanting to complete the bright and 
 strong chain of union. Nature has joined your country to 
 
24 
 
 8 1' 
 
 Chnp. tliiMrs. Do yoi! join your political interests. For their own 
 
 I- sakes lliey never will detiert or betray you. Be assured that 
 
 '-^^'^*^ the liappinessof a people inevitably depends on their liberty, 
 
 176<J arij tjjjjir s|)irit to assert it. The value and extent of the 
 
 l-!^^ advantages tendered to you are immense. Heaven grant you 
 
 may not discover them to be blessings after ihey have bid , 
 
 you an eternal adieu. 
 
 We are too well acquainted with the liberality of senti- 
 ment distinguishing your nation, to imagine, that difference 
 of religion will prejudice you against a hearty amity with us. 
 You know, that the transcendent nature of freedom elevates 
 tlios?, who unite in the cause, above all such low-minded 
 infirmities. The Swiss Cantons furnish a memorable proof j 
 of this truth. Their union is composed of Catholic and Pro- 
 testant states, living in the utmost concord and peace wilh 
 one another, and thereby enabled, ever since they bravely 
 vindicated their freedom, to defy and defeat every tyrant i 
 that has invaded them. 
 
 Should there be any among you, as there generally are in 
 all societies, who prefer the favours of ministeri., and their j 
 own interests, to the welfare of their country ; the temper of | 
 such selfish persons will render them incredibly active in 
 opposing all public-spirited measures, from an expectation of 
 being well rewarded for their sordid industry by their supe- 
 riors : but we doubt not you will be upon your guard against 
 such men, and not sacrifice the liberty and happiness of 
 the whole Canadian people and their posterity, to gratify the 
 avarice and ambition of individuals. 
 
 We do not ask yon, by this address, to commence hosti- 
 lities against the government of our common sovereign. We 
 only mvite you to consult your own glory and welfare, and 
 not to suffer yourselves to be inveigled or intimidated by 
 infamous ministers so far as to become the instruments of 
 their cruelty and des^potism, but to unite ».iih us in one 
 social compact, formed on the generous principles of equal 
 liberty, and cemented by such .n exchange of beneficial and 
 endearing offices as to render it perpetual. In order to com- 
 plete this highly desirable union, we submit it to your con- 
 sideration, whether it may not be expedient for you to meet 
 together in your several towns and districts, and elect depu- 
 ties, who after meeting in a provincial congress, may chiise 
 
25 
 
 4 
 
 delegates, to represent your province in the continenta] con-chap. 
 gress,to be held at Philadelphia,on the tenth day of May, 1775. I. 
 
 In this present congress, beginning on the fifth of last ^-^^^^ 
 month, and continued to this day, it has been with universal 1760 
 pleasure, and an unanimous vote, resolved, that we should j~^. 
 consider the violation of your rights, by the act for altering 
 the government of your province, as a violation of our own ; 
 and that you should be invited to accede to our confedera- 
 tion, which has no other objects than the perfect security of 
 the natu ^1 and civil rights of rU the constituent members, 
 according to their respective circumstances, and the preser- 
 vation of a happy and lasting connection with Great Britain, 
 on the salutary and constitutional principles herein before 
 mentioned. For effecting these purposes, we have address- 
 ed an humble and loyal petition to his Majesty, praying 
 relief of our grievances ; and have associated to stop all im- 
 portation from Great Britain and Ireland, after the first day 
 of December, and all exportation to those kingdoms and the 
 West Indies, after the tenth day of next September, unless 
 the said grievances are redressed. 
 
 That Almighty God may incline your minds to approve 
 our equitable and necessary measures, to add yourselves to 
 us, to put your fate, whenever you suffer injuries which you 
 are determined to oppose, not on the small influence of your 
 * single province, but on the consolidated powers of North 
 America, and may grant to our joint exertions an event as 
 happy as our cause is just, is the fervent prayer of us, your 
 sincere and affectionate friends and fellow-subjects. 
 
 By order of the Congress, 
 
 Oct 26, 1774. Henry Middleton, Presdt. 
 
 The above document fell to the ground, still- 
 born as it were, not one hahitant of a thousand 
 in Canada, ever having heard of it. There was, 
 indeed, but one press, and that an English one, 
 in the Province at the time, which was introduc- 
 ed subsequently (there being none previous) to 
 the conquest, for the publication of the ^ebec 
 Gazette^ first issued in 1 764. 
 
 ui 
 
 u 
 
 "1 : 
 
 '^m 
 
 
26 
 
 11 
 
 :hap. 
 11. 
 
 1760 
 
 to 
 
 1774. 
 
 CHAPTER II. 
 
 Extracts from the Reports of Mr. Solicitor General Wed- 
 (lerburne, (in 1772) and Mr. Attorney General Thurlow, 
 (in 1773) to His Majesty George the Third, pursuant to 
 His Majesty's Order in Council, relative to the Laws and 
 Courts of Judicature of Quebec, and Government of that 
 Province — remarkable for their liberality towards the 
 King^s new subjects — their soundness and justice* 
 
 It is but fair to apprise the reader that the 
 present is a chapter wholly of " quotations," 
 but from unquestionable sources, rich and ad- 
 mirable m their way, and which he who would 
 like a more ample sketch of the affairs of 
 Canada, previous to the passing of the Quebec 
 Act, than that we have just gone through pre- 
 sents, had as well read. It will afford him not 
 only a better insight into the then actual state 
 of the country, its laws and institutions, but 
 also of the just and liberal policy that influen- 
 ced the statesmen of the day in the passing of 
 that important measure. They also who opine 
 that ignorance of and indifference to the con- 
 cerns of Canada have invariably characterised 
 the home government, and who will neither give 
 credit to it for, nor recognise in British states- 
 men, of whatsoever denomination, intelligence, 
 generosity nor justice in their treatment of this 
 country, that is, of Lower Canada, and par- 
 ticularly towards that part of its population of 
 French origin, may, if they are for the moment 
 
27 
 
 liberally disposed, peruse it to advantage. In chap, 
 either case the reader's time will not be lost. '^ 
 
 A more faithful picture need not be sought ^^. 
 of the state of Canada, than that we find in the »o 
 reports to His Majesty of Mr. Attorney General '^^^ 
 Thurlow, and the Solicitor General Wedder- 
 burne, the former dated 22d January 1773, 
 and the latter 6th December 1772, in conse- 
 
 fience of references to them by order of the 
 ing in Council. — They were directed by His 
 Majesty's orders of 14th June 1771, and 31st 
 ~uly 1772, " to take into consideration several 
 
 * reports and papers relative to the laws and 
 
 * courts of judicature of Quebec, and to the 
 " present defective mode of government in that 
 ** Province, and to prepare a plan of civil and 
 " criminal law for the said Province, and to 
 " make their several reports thereon." It was 
 most probably in accordance with the views ol 
 these gentlemen upon the matters referred to 
 |them, concurred in by Mr. Marriott's report 
 of 1773, already familiar to those conversant 
 with the Canadian history of that period, thai 
 the Quebec Act of 1774 was framed, and 
 whether enlightened and liberal, the reader 
 will determine. 
 
 From these reports, not hitherto published, 
 at least not in any work that has fallen under 
 the observation of the writer of this narrative, 
 [the followirg extracts are deserving of especial 
 otice. " I have taken (says the Solicitor 
 eneral Wedderburne, whose report in point 
 f date precedes the Attorney General's, and 
 
 
 mi 
 
 it' 'a 
 
 Hii 
 
 
28 
 
 1774. 
 
 Chap, we therefore take it first,) the same (the sub- 
 "• jects referred to him) into consideration, and 
 "^760 i'l th® course of my reflections upon the sub- 
 ^to^ ject, I have found myself led into a discussion 
 of the form of government, and of the religion 
 of the Province, vsrhich must necessarily have 
 great influence upon the plan of civil and cri- 
 minal law proper to be adopted there. I have, 
 therefore, presumed to form some ideas upon 
 both those heads as necessarily connected with 
 the more immediate object of reference, and 
 humbly to submit the result of my observations 
 upon so important and so difficult a subject, 
 under the following heads : — 
 
 First — The Government of the Province. 
 
 Secondly — The Religion of the Inhabitants. 
 
 Thirdly — The Civil and Criminal Laws. 
 
 Fourthly — The Judicatures necessary to 
 carry those laws into execution. 
 
 ** Canada is a conquered country. The capi- 
 tulations secured the temporary enjoyment of 
 certain rights, and the treaty of peace contain- 
 ed no reservation in favor of the inhabitants, 
 except a very vague one as to the exercise of 
 religion. Can it therefore be said that, by 
 right of conquest, the conqueror may impose 
 such hws as he pleases? This proposition 
 has been maintained by some lawyers who 
 have not distinguished between force and right. 
 It is certainly in the power of a conqueror to 
 dispose of those he has subdued, at discretion, 
 and when the captivity of the vanquished was 
 the consequence of victory the proposition 
 
 I 
 
29 
 
 mi^ht be true; but in more civilized times, chap. 
 whe.^ the object of war is dominion, when sub- J^ 
 jects and not slaves are the fruits of victory, no 1760 
 other right can be founded on conquest but ^^^^ 
 that of regulating the political and civil govern- 
 ment of the country, leaving to the individuals 
 the enjoyment of their property, and of all pri- 
 [vileges not inconsistent -with the security of the 
 :onquest. 
 
 " The political government of Canada, be- 
 [fore the conquest, was very simple ; for, what- 
 ever appearance of regularity of controul and 
 [limitation the Arrets and Commission present, 
 all power, in fact, resided in the Governor and 
 the Intendant. The Superior Cour.cil was 
 generally at their devotion. They had the 
 command of all the troops, of all the revenues, 
 and of all the trade of the country. They had 
 [also the power of granting land ; and in con- 
 junction with the bishop, they had so superior 
 an interest at the Court of France, that no com- 
 plaint against their conduct was dangerous to 
 their authority. This was the state of Canada 
 till the treaty of peace. Upon the reduction 
 of the province, a military government took 
 place, and the change was not very sensible to 
 the inhabitants. 
 
 " After the treaty of peace, a government 
 succeeded which was neither military or civil, 
 and it is not surprising that the Canadians 
 should have often expressed a desire to return 
 to a pure military government, which they had 
 found to be less oppressive. Such a govern- 
 
 c2 
 
 m 
 
 !• ^M 
 
I''!; 
 
 30 
 
 Chai). 
 II. 
 
 17«(» 
 
 to 
 
 1774. 
 
 11 ,t' 
 
 nient, however, is not formed for duration, and 
 in a setdement which is to become British, 
 could not be endured beyond the limits of a 
 garrison. 
 
 " The first consideration, in forming the po- 
 litical constitution of a country is, in what man- 
 ner the power of making laws shall be exer- 
 cised. If it were possible to provide every 
 necessary regulation for a distant province, by 
 orders from England, it might, pernaps, be the 
 most eligible measure to reserve that authority 
 entirely to the British legislature. But there 
 must be many local interests of police, of com- 
 merce, and of political economy, which require 
 the interposition of a legislative power, ac- 
 quainted with the affairs, and immediately inte- 
 rested in the prosperity of a colony. In all the 
 British colonies, that legislative power has been 
 entrusted to an Assembly, in analogy to the 
 constitution of the mother country. The most 
 obvious method would then be, to pursue the 
 same idea in Canada ; but the situation of that 
 country is peculiar. The Assembly must either 
 be composed of british subjects, or of british 
 and Canadians. 
 
 ** In the first case, the native Canadian would 
 feel the inequality of his situation, and think 
 (perhaps truly) that he should be exposed to 
 the oppression of his fellow-subjects. 
 
 " To admit the Canadian to a place in that 
 Assembly (a right, which, from the nature of a 
 conquest he has no absolute title to expect,) 
 would be a dangerous experiment with new 
 
31 
 
 subjects, who should be taught to obey as wellchai.. 
 as to love this country, and, if possible, to che- •' 
 rish their dependence upon it. Besides, it'Trnii 
 would be an inexhaustible source of dissension t" 
 and opposition between them, and the British ''^*' 
 subjects. It would be no less difficult to define 
 the persons who should have a right to elect 
 the Assembly. — To exclude the Canadian sub- 
 ject would be iriipossible, for an Assembly cho- 
 sen only by the British inhabitants, could no 
 more be called a representative body of that 
 colony, than a council of state is. To admit 
 every Canadian proprietor of land would be 
 disgusting and injurious to all the men of con- 
 dition in the Province, who are accustomed to 
 feel a very considerable difference between the 
 seignior and the censier, though both are alike 
 proprietors of land. Nor would it be beneficial 
 to men of inferior rank ; for every mode of rais- 
 ing them to the level of their superiors, except 
 by the efforts of their own industry, is perni- 
 cious. It seems, therefore, totally inexpedient 
 at present to form an Assembly in Canada. 
 The power to make laws could not with safety 
 be entrusted to the Governor alone ; it must, 
 therefore, be v ^sted in a Council consisting of 
 a certain number of persons, not totally depen- 
 dent upon the Governor. 
 
 '' The Chief Justice, the Attorney General, 
 the Judge of the Vice Admiralty, the Collector 
 of the revenue, and the Receiver GenerJ, (if 
 these officers were obliged, as they ought, to 
 residejhere,) should hold a seat by virtue of 
 
Iljf t 
 
 1 
 
 I TOO 
 
 to 
 
 1774. 
 
 32 
 
 ci.ai,. their office; the other members to be nomi- 
 ^' nated by your Majesty, and to be removed only 
 by your royal orders. 
 
 " As power lodged in few hands is some- 
 times liable to be abused, nd always subject 
 to suspicion, some controul to this authority is 
 necessary. Theirs/ is, the establishment of a 
 general system of laws for the colony. The 
 second is, that in matters of taxation, in those 
 which affect life, and in those which import an 
 alteration of the established laws, no ordinance 
 of the Council should have effect till it is con- 
 firmed in Great Britain. The third is, that it 
 should not be in their power at all times to act 
 as a legislative body ; but that, their session 
 should be confined to the period of six weeks 
 previous to the opening of the navigation to 
 Britain, and at no other time should they be 
 assembled in that capacity, except upon some 
 urgent occasion. 
 
 " Under these restraints, it seems reasonable 
 that the power of making laws should be en- 
 trusted, for a limited number of years, to this 
 Council, who will be enabled, from their know- 
 ledge of local circumstances, to form the neces- 
 sary detail for executing the plan of laws to be 
 transmitted to them, the regulations for the 
 police of the country, for the administration of 
 justice, for the collection of the revenue, and 
 the improvement of trade and agriculture ; and 
 being bound down by certain rules upon the 
 great objects of legislation, and subject to 
 the constant inspection of government, they 
 
33 
 
 will be sufficiently restrained from abusing the chip, 
 power committed to them. " 
 
 " As the immediate power of taxation is not'TTHo 
 intrusted to this Council, it is necessary that y^ 
 a revenue should be provided under the autho- 
 rity of an Act of Parliament, for which no bet- 
 ter plan can be formed than that which has 
 already been proposed to the Commissioners 
 of your Majesty's Treasury, for raising a fund 
 to defray the expenses of government in the 
 Province of Quebec, by a tax upon spirituous 
 liquors. 
 
 " The religion of Canada is a very important 
 part of its j)olitical constitution. The 4th arti- 
 cle of the treaty of Paris, grants the liberty of 
 the Catholic religion to the inhabitants of Ca- 
 nada, and provides that His Britannic Majesty 
 should give orders that the catholic subjects 
 may profess the worship of their religion ac- 
 cording to the rites of the Romish church, as 
 far as the laws of England will permit. This 
 qualification renders the article of so little 
 effect, from the severity with which (though 
 seldom exerted) the laws of England are arm- 
 ed against the exercise of the Romish religion, 
 that the Canadian must depend more upon the 
 benignity and the wisdom of Your Majesty's 
 government for the protection of his religious 
 rights than upon the provisions of the treaty, 
 and it may be considered as an open question, 
 what degree of indulgence true policy will per- 
 mit to the catholic subject, 
 
 " The safety of the state can be the only 
 
 1 ! t ii 
 
34 
 
 k i 
 
 1774. 
 
 Chap, just motive for imposing any restraint upon men 
 "• on account of their religious tenets. The prin- 
 
 ^I^ciple is just, but it has seldom been justly ap- 
 ^^ plied ; for experience demonstrates that the 
 public safety has been often endangered by 
 those restraints, and there is no instance of 
 any state that has been overturned by tolera- 
 tion. True policy dictates then that the inha- 
 bitants of Canada should be permitted freely to 
 profess the worship of their religion ; and it 
 follows of course, that the ministers of that 
 worship should be protected and a mainte- 
 nance secured for them. 
 
 " Beyond this the people of Canada have no 
 claim in regard to their religion, either upon 
 the justice or the humanity of the crown ; and 
 every part of the temporal establishment of the 
 church in Canada, inconsistent with the sove- 
 reignty of the king, or the political government 
 established in the province may justly be 
 abolished. 
 
 " The exercise of any ecclesiastical juris- 
 diction u^der powers derived from the see of 
 Rome, is not only contrary to the positive 
 laws of England, but is contrary to the princi- 
 ples of government, for it is an invasion of the 
 sovereignty of the king, whose supremacy 
 must extend over all his dominions, nor can 
 his Majesty by any act divest himself of it. 
 
 ** The establishment of the Jesuits and of 
 the other religious orders, as corporations hold- 
 ing property and jurisdiction, is also repugnant 
 to the political constitution, which Canada 
 
35 
 
 must receive as a part of the British dominions, chap. 
 
 " The point then, to which all regulations "* 
 on the head of religion ought to be directed is, i^go 
 to secure the people the exercise of their wor- _*o 
 ship, and to the crown a due controul over the 
 clergy. 
 
 " The first requires that there should be a 
 declaration that all the subjects in Canada may 
 freely profess their religion without being dis- 
 turbed in the exercise of the same, or subject 
 to any penalties on account thereof, and also 
 that there should be a proper establishment of 
 parochial clergymen to perform the offices of 
 religion. 
 
 " The present situation of the clergy in Ca- 
 nada, is very fortunate for establishing the 
 power of the crown over the church. It is 
 stated in the reports from your Majesty's offi- 
 cers in Canada, that very few have a fixed right 
 in their benefices, but that they are generally 
 kept in a state of dependence which they dis- 
 like, upon the person who takes upon him to 
 act as bishop, who, to preserve his own autho- 
 rity, only appoints temporary Vicars to offici- 
 ate in the several benefices. 
 
 " It would be proper, therefore, to give the 
 parochial clergy a legal right to their benefices. 
 All presentations either belonging to lay pas- 
 tors or to the crown, and the right in both 
 ought to be immediately exercised with due 
 regard to the inclinations of the parishioners 
 in the appointment of a priest. The gover- 
 nor's license should in every case be the title 
 
 
 
 m 
 
 ^'ijKi:^ii^:^ 
 

 1760 
 
 to 
 1774 
 
 36 
 
 chiip. to the benefice, and the judgment of the tem- 
 "* poral courts the only mode of taking it away. 
 This regulation would, in the present moment, 
 attach the parochial clergy to the interests of 
 government, exclude those of foreign priests, 
 who are now preferred to the Canadians, and 
 retain the clergy in a proper dependence on 
 the crown. It is necessary, in order to keep 
 up a succession of priests, that there should be 
 some person appointed whose religious cha- 
 racter enables him to confer orders, and also to 
 give dispensations for marriages ; but this func- 
 tion should not extend to the exercise of a 
 jurisdiction over the people or the clergy ; and 
 it might be no difficult matter to make up to 
 him for the loss of his authority, by emoluments 
 held at the pleasure of the government. 
 
 " The maintenance of the clergy of Canada 
 was provided for by the payment of one thir- 
 teenth* part of the fruits of the earth in the 
 name of tythe, and this payment was enforced 
 by the Spiritual Court. It is just that the same 
 provision should continue, and that a remedy 
 for the recovery of it should be given in the 
 temporal courts; but the case may happen 
 that the land-owner is a protestant, and it may 
 be doubted whether it would be fit to oblige 
 him to pay tythes to a catholic priest. 
 
 " It has been proposed that all tythes should 
 be collected by the Receiver General of the 
 Province, and appropriated as a fund to be dis- 
 tributed by government for the stipends of the 
 
 * Error— one twenty "tixth was the tythe by law allowed. 
 
the tem- 
 it away, 
 moment, 
 terests of 
 1 priests, 
 ians, and 
 dence on 
 to keep 
 hould be 
 ous cha- 
 id also to 
 this func- 
 rcise of a 
 rgy ; and 
 ke up to 
 oluments 
 t. 
 
 • Canada 
 Dne thir- 
 h in the 
 enforced 
 he same 
 remedy 
 n in the 
 happen 
 d it may 
 oblige 
 
 IS should 
 il of the 
 obedis- 
 s of the 
 
 ed. ^ 
 
 37 
 
 clergy, out of which a certain proportion may chjp. 
 be reserved for the support of protestant ,^^ 
 preachers. This measure, I humbly conceive to neo 
 be liable to two objections,— Firs/ — tythe even 17J4 
 to the clergy is paid with reluctance, and the 
 government, by undertaking the collection of it, 
 would lose more in the affections of its subjects 
 than it would gain by the additional dependence 
 of the clergy, — Secondly—hy thus being brought 
 into one fund, the cathohc subject will be made 
 to contribute to the support of the protestant 
 clergy, which he may think a grievance. 
 
 " There is less objection, however, to re- 
 quire the protestant inhabitant to pay his tythe 
 to the receiver general, allowing him, at the 
 same time, to compound for less than the full 
 sum ; though I should not deem it expedient 
 to reduce the rate by any positive law. 
 
 " The increase of that fund will be a proof 
 of the increase of the protestant inhabitants, 
 and it will afford the means of providing for the 
 protestant clergy, whose functions will then 
 become necessary. In the mean time, it may 
 be sufficient to appoint that a protestant cler- 
 gyman shall be nominated to any parish in 
 which a majority of the inhabitants require it. 
 
 " In regard to the monastic orders, it will be 
 fit to secularise them entirely, but so great a 
 change ought not to be made at once. It is 
 proper to see how many of them may take 
 benefices, from which they are not excluded by 
 the foregoing provisions. 
 
 " The Jesuits, however, and the religious 
 
 p 
 
 I 
 
 11 
 
 ii( 
 
 m 
 
 1i 
 
■'frl 
 
 II 
 
 li 
 
 
 IK I 
 
 
 • 38 
 
 chiip. houses in France, which have estates in Cana- 
 ,^J^ da, are upon a different footing from the others. 
 1760 The establishment of the first is not only in- 
 ,7^4 compatible with the constitution of an Eng- 
 lish province, but with every other possible 
 form of civil society. By the rule of their order 
 the Jesuits are aliens in every government. 
 Other monastic orders may be tolerated, be- 
 cause, though they are not useful subjects, still 
 they are subjects, and make a part of the com- 
 munity ill employed. The Jesuits form no part of 
 the community. They, according to their insti- 
 tution neither allow allegiance nor obedience 
 to the prince, but to a foreign power. They are 
 not owners of their estates, but trustees for 
 purposes dependent upon the pleasure of a 
 foreigner, the general of their order. Three 
 great catholic states* have,upon grounds of poli- 
 cy, expelled them. It would be singular, if the 
 first protestant state in Europe should protect an 
 establishment that ere now must have ceased in 
 Canada, had the French government continued. 
 ** Uncertain of their tenure in Canada, the 
 Jesuits have hitherto remained very quiet, but 
 should the establishment be tolerated there, 
 thev would soon take the ascendant of all the 
 other priests ; the education of the Canadians 
 would be entirely in their hands, and averse as 
 they may be at present to France, it exceeds 
 any measure of credulity to suppose that they 
 would ever become truly and systematically 
 friends to Britain. . , 
 
 * Portugal, Spain, and France. 
 
 
 
 A 
 
39 
 
 in Cana- 
 
 e others. 
 
 only in- 
 
 an Eng- 
 
 possible 
 
 Bir order 
 
 ernment. 
 
 ited, be- 
 
 ects, still 
 
 he com- 
 
 10 part of 
 
 eir insti- 
 
 jedience 
 
 rhey are 
 
 tees for 
 
 ire of a 
 
 Three 
 
 sof poli- 
 
 r, if the 
 
 otect an 
 
 eased in 
 
 ntinued. 
 
 da, the 
 
 liet, but 
 
 there, 
 
 f all the 
 
 madians 
 
 verse as 
 
 exceeds 
 
 hat they 
 
 latically 
 
 
 *' It is therefore equally just and expedient in(., 
 this instance, to assert the sovereignty of the u 
 king, and to declare that the lands of the jesu- ^-^-^ 
 its are vested in his Majesty, allowing, at the *J^|'^ 
 same time, to the Jesuits now residing in Ca- uu. 
 nada, liberal pensions out of the incomes of 
 their estates.* 
 
 ** The information to be collected from the 
 papers transmitted with the reference, is not 
 particular enough to be the ground of an imme- 
 diate law as to the property claimed by religi- 
 ous societies in France. The principle is clear, 
 that every trust for their use, is void and de- 
 volves to the crown. But in applying that 
 principle, the circumstances of each case must 
 be considered, and, in general, it seems expe- 
 dient to confirm all the titles of persons occu- 
 pying lands under their grants ; to make the 
 terms of payment to the crown easier than to 
 the former proprietors, and to apply the pro- 
 duce for the purposes of educating the youth 
 of Canada, which deserves particular attention. 
 But this subject is more fit for gradual regula- 
 tions, pursuant to the instructions that may be 
 given to your Majesty's governor, ♦ban to form 
 an article in a general plan of laws to be imme- 
 diately carried into execution.! . 
 
 
 * The Government dealt most liberally with them. They were 
 allowed to die out before it took possession of the estates or interfereil 
 with them, which was not till after the death of Father Casot, the 
 last of the order, in 1800. 
 
 f This has been done by an act of the legislature of Lower Canada, 
 in 1832, and the revenues from the Jesuits' estates, accordingly, are 
 . ow applicable to purposes of education only. , • 
 
 : f* 
 
 !■ M 
 
 4| 
 
 i 
 
 m 
 

 \ 
 
 if. 
 
 ;i 
 
 
 TP't'i ; 
 
 U : 
 
 i I 
 
 
 iJ 
 
 40 
 
 Chap. " The convents in Canada do not fall under 
 '^- the same rule as the monasteries. They are not 
 
 ^760 much connected with the poUtical constitution. 
 ^ They may, for a time, be necessary for the 
 * convenience and honor of families — perhaps it 
 may be expedient always to retain some such 
 communities there, for the honorable retreat of 
 unmarried women. Certainly it would be in- 
 expedient and cruel to dissolve them by any 
 immediate law. No such change is essential 
 to the political constitution, and whenever it 
 becomes so, the remedy is easy, and the srb- 
 jects will then receive it as a favor from the 
 crown. 
 
 *' The political and religious constitution of 
 the province of Quebec being established, the 
 next matter of mquiry is, what plan of civil and 
 criminal law is best adapted to the cimmi- 
 stances of the province ? and this is not altoge- 
 ther an open question ; for, Canada is not in the 
 condition of a new setded country, where the 
 invention of a legislator may exercise itself in 
 forming systems. It has been long inhabited by 
 men attached to their own customs, which are 
 become a part of their nature. It has, of late, 
 acquired some inhabitants superior in power, 
 but much inferior in number, to its ancient inha- 
 bitants, equally attached to different usages. 
 The prejudices of neither of these classes of 
 men can be entirely disregarded; in policy, 
 however, more attention is due to the native 
 Canadian than the British emigrant, not only 
 because that class is the most numerous ; but 
 
 
41 
 
 11 under 
 ' are not 
 ititution. 
 for the 
 jrhaps it 
 me such 
 etreat of 
 I be in- 
 by any 
 essential 
 inever it 
 the srb- 
 Tom the 
 
 tution of 
 
 hed, the 
 
 civil and 
 
 cirnim- 
 
 ahoge- 
 
 ot in the 
 
 lere the 
 
 itself in 
 
 Dited by 
 
 ich are 
 
 of late, 
 
 power, 
 
 nt inha- 
 
 usages. 
 
 asses of 
 
 policy, 
 
 native 
 
 ot only 
 
 s; but 
 
 1 
 
 because it ^s not the interest of Britain that ( hap. 
 many of her natives should settle there.* The " 
 Canadian also has a claim in justice to the en- tv^y 
 joyment of as much of his ancient laws regard- J:' 
 ing private rights, as is not inconsistent with 
 the principles of the new government ; for, as 
 his property is secured to him, the laws which 
 define, create, and modify it, must also be re- 
 tained, otherwise his property is reduced to 
 the mere possession of what he can personally 
 
 enjoy. 
 
 4t= * 
 
 4fc # « * # « 
 
 It should also be provided 
 that any Canadian subject of the age of twenty 
 five, who is unmarried and without children, 
 holding land immediately of the crown, may 
 convert his tenure into a soccage holding, by 
 which he shall have the power of devising the 
 whole, and that the purchaser of land held of 
 the king, may convert the tenure into soccage 
 at his pleasure, and it shall then be held and 
 enjoyed as by the law of England f 
 
 * It is now, (1847) however, different, and the ftolicy is as ir no 
 doubt also is; the interest, of ihe home government, to encourage a 
 loyal, hale and industrious emigration thence to her splendid North 
 American Empire. 
 
 t This, however, was not provided for by the statute of 1774, nor 
 was any provision made on the subject, either by the Legislative 
 Council erected under it, for the province of Quebec, nor subsequently 
 by the Parliament of Lower Canada, averse, it would seem, to a 
 change of tenure as a policy prejudicial to the influence prevailing in 
 this body, which the influx of British emigrants and British capital, 
 vrould be of a tendency to disturb, and at length, subvert. The feodal 
 thraldom was consequently cherished, as one means of checking the 
 apprehended evil, for a.s such the growth of the British population and 
 interests in Lower Canada haveljeen viewed by many of their fellow 
 subjects of French origin, particularly while the dream of " national- 
 ite,^ with which, for a time, they amused themselves, prevailed. A 
 provision authorising a change of land tenures in Canada, into free 
 
 D 2 
 
 I 
 
ff' 
 
 
 11 :■!;'! 
 
 42 
 
 itl.i 
 
 :'f 
 
 <Mi;ip. 
 II. 
 
 1 760 
 
 tr> 
 
 1771. 
 
 ***#***« rpj^e criminal law of Eng- 
 land, superior as it is to all others, is not, how- 
 ever, without imperfections ; nor is it, in the 
 whole extent of its provisions, adapted to the 
 situation of Canada. It would be improper to 
 transfer to that country all the statutes creat- 
 ing new offences on temporary or local circum- 
 stances. 
 
 **"**" It is recommended by the gover- 
 nor, the chief justice, and the attorney gene- 
 ral, in their report, to extend the provisions of 
 the Habeas Corpus act to Canada. The in- 
 habitants will, of course, be intitled to the 
 benefit of the writ of Habeas Corpus at common 
 law, but it may be proper to be better assured 
 of their fidelity and attachment, before u*e pro- 
 visions of the statute are extended to that 
 country. 
 
 " The form of civil government for the pro- 
 vince, as it now consists in the distribution of 
 judicial authority, is the most difficult and the 
 most important part of the plan, for, without an 
 easy and exact execution, laws are of very 
 little use to society. 
 
 The several opinions reported to your 
 
 « 
 
 and common soccage was at last made by Act (3 Geo. IV.ch. 119) of 
 the Imperial Parliament, known as the Canada trade act, but little 
 progress has hitherto (1847) been made, in the commutation, owing 
 to the difficulty, expense, and delay incidental to the process of com- 
 niuting, as adopted by the Executive of the province, and which it 
 rests with it to redress, if only it will. — P. S. Since the above note was 
 put together, the legislature has been in session, and among a variety of 
 Bills passed by it, there is one for facilitating the process of commu- 
 tation. This, however, the Governor General, Lord Elgin, has been 
 advised to reserve for the royal consideration, the result of which 
 remains to be seen. 
 
43 
 
 of Eng- 
 ot, how- 
 t, in the 
 id to the 
 roper to 
 !S creat- 
 circum- 
 
 e gover- 
 jy gene- 
 isions of 
 The in- 
 1 to the 
 common 
 
 assured 
 u*e pro- 
 
 to that 
 
 the pro- 
 )ution of 
 and the 
 hout an 
 of very 
 
 to your 
 
 .ch. 119) of 
 but little 
 ion, owing 
 iss of com- 
 1(1 which it 
 t'e note was 
 a variety of 
 af commu- 
 1, has been 
 t of which 
 
 Majesty, by the governor, the chief justice andt 
 the attorney general, concur in the causes of 
 the complaints upon this head, and differ little " 
 in the remedies proposed. 
 .. " It is their opinion that the expense and ^ 
 delay of proceeding are at present very griev- 
 ous, and they seem to think that the division 
 of the province into three districts, and the 
 establishment of courts of justice in each, as in 
 the time of the French government, would 
 aftbrd some remedy to this evil. 
 
 " To diminish the expense of law suits, ♦'^o 
 great already for the poverty of the country, oy 
 adding to the number of persons who are to be 
 maintained by the law, is at least a doubtful 
 proposition. 
 
 " It is necessary, therefore, to consider 
 whether other causes besides the want of pro- 
 per judicatures, may have concurred to produce 
 the grievance of which the Canadians com- 
 plain, and whether other expedients, besides 
 an increase of places and expense, may not, in 
 part, remove it. The uncertainty of the law of 
 the province must have been one principal 
 cause of the expense of suits. That evil wili, 
 in time, be removed. 
 
 " The change of property, together with the 
 alteration of the course of commerce conse- 
 quential upon the conquest, producing new 
 contracts in new forms, created a great deal of 
 business for which there would be no estab- 
 lished fees, and the ignorant execution of that 
 business opened a new source of litigation. 
 
 'hap. 
 11. 
 
 ITtiO 
 
 to 
 77-1. 
 
 I 'I v^^ 
 
 I I 
 
«l 
 
 H' 
 
 Chap. The same thing has happened in the other set- 
 '^ tlements, where, for a certain time, the gains of 
 ,76^ those who took upon themselves to act as law- 
 to yers, and of course the expense to the other 
 '^^^' inhabitants, of law proceedings, has been very 
 great. But this evil is also temporaty. With- 
 out disputing the reality of the grievance, one 
 may suppose that it is a little exaggerated, for 
 all the French lawyers who remained in Cana- 
 da, were interested to magnify it. They par- 
 took of the profits arising from its continuance, 
 and their profits were increased by exciting 
 the complaints. 
 
 ** I cannot conceive that this grievance would 
 be removed by adopting the French judicature, 
 for if one can trust the accounts given by them- 
 selves, the expense and the delay of law suits, 
 are in France a most intolerable evil. .■ - ;. 
 
 ****** " The Canadians, it is said, 
 complain, and not without reason, of the arrest 
 and imprisonment in civil cases. There could 
 be no objection to confine that severe proceed- 
 ing to the cases in which they are accustomed 
 to it. "^hese are stated to be actions upon bills 
 of exchange, debts of a commercial nature, and 
 other liquidated demands, by which probably is 
 to be understood actions upon bond and other 
 instruments, where the sum demanded is cer- 
 tain. In other cases, the arrest upon mesne 
 process, which is only used to compel appear- 
 ance or answer, may be abolished, and in lieu 
 of it the plaintiff might be allowed, after due 
 summons, to enter an appearance for the 
 
 def( 
 mei 
 is v 
 seq 
 und 
 
45 
 
 her set- 
 gains of 
 as law- 
 3 other 
 en very 
 
 With- 
 !e, one 
 ted, for 
 
 Cana- 
 ey par- 
 luance, 
 xciting 
 
 would 
 cature, 
 
 them- 
 V suits, 
 
 s said, 
 arrest 
 could 
 oceed- 
 Jtomed 
 m bills 
 •e, and 
 ably is 
 other 
 is cer- 
 mesne 
 [>pear- 
 n lieu' 
 r due 
 )r the 
 
 to 
 
 1771. 
 
 defendant, and if more was required than acK:,|> 
 mere appearance, the constitution o * the court *^ 
 is very well calculated to adopt the process of^^^ 
 sequestration, which has already prevailed 
 under the French government. 
 
 ** The execution against the person of the 
 debtor, after judgment, may also be laid aside, 
 and, indeed, in an increasing colony it is very 
 impolitic, and a very cruel proceeding.* An 
 effectual and speedy process against the goods 
 and estate would, in most cases, answer the 
 ends of justice much better. 
 
 ****** ** As the affairs of the colony 
 require a very particular attention, and some 
 regard must there be had to political considera- 
 tions, it might be proper to attribute the cogni- 
 zance of all questions concerning the rights of 
 the clergy, the profits of benefices, and the pre- 
 sentation to them, to the council, with an ap- 
 peal to England ; and all the most material 
 questions of police might, perhaps, be also 
 subjected to their jurisdiction." 
 
 The liberal spirit which pervades the above, 
 renders comment unnecessary. None who 
 read can misunderstand it. Such, then, were 
 the enlightened views in which the act of 
 1774, conferring, for the first time a constitu- 
 tion and civil government, on the recently 
 
 • The barbarous power formerly given to the creditor, of immur- 
 ing his debtor as a criminal, is falling into disuse, and is now, it is bt- 
 lieved, repudiated or qualified, in most civilised countries. It is plea- 
 sant to see that the views of our lawyers and statesmen of that day were 
 such as we here find them, — equally humane and just,— -as in their 
 adoption, by our local Legislatures, time and experience have proven 
 them to be. ' 
 
 III 
 
4G 
 
 cimp. acquired French territory in North America, 
 '^- constituting the province of Quebec, was 
 
 ^^ conceived ; and such also, it is not too much 
 J2 to say, have uniformly been those of the Im- 
 " perial authorities, and of British statesmen 
 towards Canada, notwithstanding the diver- 
 gencies of portions of its population from the 
 course which, for their own, no less than for the 
 interests of the empire, it were desirable had 
 been avoided. 
 
 " Canada," — observes Mr. Attorney General 
 Thurlow, — " had been holden by the French 
 king, in the form of a province, upwards 
 of two hundred years ; and considerably 
 peopled near one hundred and fifty years, 
 by the establishment of a trading company, 
 with great privileges and extensive juris- 
 dictions, seconded by the zeal of the age, 
 to propagate the gospel in foreign parts. — 
 Parishes, convents of men and women, semi- 
 naries, and even a bishoprick were established 
 there. The supreme power, however, remain- 
 ed with the king, and was exercised by his 
 governor and lieutenant-general with the assist- 
 ance of a council. About one hundred years 
 ago, Louis the fourteenth resumed the country, 
 and gave it the constitution which was found at 
 the conquest. '^''^ * 
 
 " He gave them a body of laws, namely, those 
 of the Prevot6, and Vicompt6 de Paris. The 
 sovereign power remained with the king. But 
 because the immense distance made it impos- 
 sible to provide them with local regulations so 
 
 spei 
 
 gav< 
 
 the 
 
 the 
 
 app] 
 
 Rivl 
 
 selvl 
 
47 
 
 .1 .t 
 
 imerica, 
 c, was 
 
 much 
 the Im- 
 Uesmen 
 
 1 diver- 
 'om the 
 
 for the 
 ble had 
 
 jeneral 
 French 
 pwards 
 lerably 
 
 years, 
 mpany, 
 
 juris- 
 e age, 
 arts. — 
 
 semi- 
 )lished 
 3main- 
 by his 
 assist- 
 
 years 
 untry, 
 Lind at 
 
 those 
 
 The 
 
 Bui 
 
 npos- 
 
 ns so 
 
 speedily as the occasion might demand, he(K„p 
 gave them a council, with authority to order " 
 the expenditure of public money, trade with'^^'J^ 
 the savages, and all the affairs of police, to lo 
 appoint cour's and judges at Quebec, Trois '^^"^ 
 Rivi6res and Montreal, and to be judges them- 
 selves in the last resort. 
 
 " This council consisted of the governor, 
 representing the king's person ; and the bishop 
 and five notable inhabitants, named by the two 
 first. To this establishment in a few years 
 were added two more councillors, all seven 
 named by the king ; and an intendant of justice, 
 police and revenue, who held the third place 
 in council, and acted as president, collecting 
 voices, &c., and who had, by a separate com- 
 mission,very large power, particularly in police, 
 wherein he could, if he thought fit, make laws 
 without the council ; and in the ordering of the 
 revenue, in which he was absolute ; and judge 
 without appeal, of all causes relative to it, as 
 he was, indeed, in all criminal cases. 
 
 *****" Office, rank and authority were 
 annexed to land, and otherwise divided among 
 the gentry, with due degrees of subordination ; 
 so that all orders of men habitually and per- 
 fectly knew their respective places, and were 
 contented and happy in them. The gentry, in 
 particular, were drawn into a still closer at- 
 tachment to the governments of their posts, in 
 the provincial and royal troops which were kept 
 up there. 
 , *t This system, a very respectable and judi- 
 
Chap. 
 II. 
 
 1760 
 to 
 1774. 
 
 48 
 
 cious officer, your Majesty's chief justice of 
 Quebec, justly extols, as being admirably cal- 
 culated to preserve internal tranquility and due 
 reverence and obedience to governmentj and 
 endeared to the natives by long usage, and per- 
 fect conformity \o their manners, habits and 
 sentiments. 
 
 " The natives, at the conquest, were one 
 hundred and twenty thousand, whereof about 
 one hundred and twenty-six were noble. And 
 their laws were, such parts of the laws of Paris, 
 as had been found necessary and applicable to 
 their situation, reformed, supplied, changed 
 and enlarged by the king's ordinances and 
 those of the provincial legislature. These have 
 been very judiciously collected, and are among 
 the papers which your Majesty commanded 
 me to consider. 
 
 " On the eighth of September, 1760, the 
 country capitulated in terms which gave to 
 your Majesty all that which belonged to the 
 French king ; and preserved all their property, 
 real and personal, in the fullest extent, not 
 only to private individuals, but to the cor- 
 poration of the West India company, and to 
 the missionaries, priests, canons, convents, &c., 
 with liberty to dispose of it by sale if they 
 should want to leave the country The free 
 exercise of their religion by the laity, and of 
 their function by their clergy ,was also reserved. 
 
 " The whole of these terms were stipulated 
 on the 10th of February 1763, in the definitive 
 treaty of peace. By your Majesty's proclama- 
 
 * 
 
49 
 
 tice of 
 )ly cal- 
 nd due 
 ntj and 
 nd per- 
 )its and 
 
 jre one 
 [ about 
 J. And 
 )f Paris, 
 :able to 
 changed 
 es and 
 se have 
 5 among 
 [nanded 
 
 60, the 
 gave to 
 
 to the 
 •operty, 
 fnt, not 
 le cor- 
 
 and to 
 its, &c., 
 if they 
 'he free 
 
 and of 
 (served. 
 Ipulated 
 
 sfinitive 
 
 ►claina- 
 
 i 
 
 tlon of the 7th October, in the third year of chap. 
 your reign, ( 1 763) your Majesty was pleased to JJ;^ 
 declare that four new governments were erect- ^eo 
 ed,of which Quebec was one, containing a large ^;^^ 
 portion of that country which had been included 
 in the French government of Canada, some 
 parts cf which were settled in such manner as 
 hath been mentioned before, but great districts 
 of which still remained rude and barbarous. 
 - " And considering that it would greatly 
 contribute to the speedy settling of the new 
 governments, that your Majesty's loving sub- 
 jects should be informed of your paternal care 
 of the security of the liberty and properties of 
 those who are or shall become inhabitants 
 thereof, your Majesty thought fit to declare 
 that your Majesty had, in the constitution of 
 these governments, given express power and . 
 direction to the governors of the said colonies 
 respectively, that so soon as the state and cir- 
 cumstances of the said colonies would admit 
 thereof, they shall, with the advice and con- 
 sent of your Majesty's council, summon and 
 call general assemblies within the said govern- 
 ments respectively, in such manner and form 
 as is used an directed in those colonies and 
 provinces in America, which are under your 
 Majesty's immediate government. And that 
 your Majesty had given power to the said 
 governors, with the consent of your Majesty's 
 said council and the representatives of the 
 people, so to be summoned as aforesaid, to 
 make, constitute and ordain laws, statutes and 
 
 £ 
 
 ■;ivi 
 
50 
 
 Chap, ordinances for the public peace, welfare, and 
 
 !^ good government of your Majesty's said colo- 
 
 1760 nies, and of the people and inhabitants thereof, 
 1774, as near as may be, agreeable to the laws of 
 England, and under such regulations and res- 
 trictions as are used in other colonies ; and that 
 in the mean time, and until such assemblies can 
 be called as aforesaid, all persons inhabiting in 
 or resorting to your Majesty's said colonies, 
 might confide in your royal protection for the 
 enjoyment of the benefit of the laws of Eng- 
 land, for which purpose your Majesty declared 
 that your Majesty had given power under the 
 great seal to the governors of your Majesty's 
 said colonies respectively for the erection of 
 courts of judicature and public justice whhin 
 the said colonies, for the hearing and deter- 
 mining all causes, as well criminal as civil, 
 according to law and equi;:y, and as near as 
 may be, agreeable to the laws of England,with 
 liberty to all persons who may think themselves 
 aggrieved by the sentence of such courts, in all 
 civil cases, to appeal under the usual limitations 
 and restrictions, to your Majesty in your privy 
 council. 
 
 * * * *• <« On the 21st of November 1763, 
 your Majesty appointed Mr. Murray, to be 
 governor of Quebec, commanding him to exe- 
 cute that office according to his commission, 
 and instructions accompanying it,and such other 
 instructions as he should receive under your 
 Majesty's signet and sign manual, or by your 
 IVfajesty's order in council, and according to 
 
 as 
 
 I 
 
re, and 
 d colo- 
 hereof, 
 laws of 
 nd res- 
 ind that 
 lies can 
 iting in 
 olonies, 
 for the 
 )f Eng- 
 ieclared 
 ider the 
 Majesty's 
 ction of 
 3 within 
 i deter- 
 as civil, 
 near as 
 ndjwith 
 mselves 
 s, in all 
 itations 
 ir privy 
 
 tv 1763, 
 to be 
 to exe- 
 nission, 
 :h other 
 er your 
 by your 
 •ding to 
 
 
 1 
 
 to 
 1771. 
 
 51 
 
 laws made with the advice and consent of thechap. 
 council and assembly. ***** He is further ^^ 
 authorised, with the consent of the council, as ,750 
 soon as the situation and circumstances of the 
 province will admit of it, to call general assem- 
 blies of the freeholders and planters, in such 
 manner as in his discretion he should think fit, 
 or according to such other further instructions 
 as he should receive under your Majesty's 
 signet or sign manual, or by your Majesty's 
 order in council. The persons duly elected 
 by the major part of the freeholders of the res- 
 pective parishes and places, before their sit- 
 ting, are to take the oaths of allegiance, and 
 supremacy, and the declaration against tran- 
 substantiation. :.. 
 
 " The said governor, council and assembly 
 are to make laws for the public peace, welfare 
 and good government of the said province, and 
 for the benefit of your Majesty, not repugnant, 
 but as near as may be to the laws of Great 
 Britain, such laws to be transmitted in three 
 months to your Majesty, for disallowance or 
 approbation, and if disapproved, to cease 
 thenceforward. 
 
 " The governor is to have a negative voice, 
 and the power of adjourning, proroguing and 
 dissolving all general assemblies. 
 
 *******" Some criminal laws must 
 be put into immediate and constant execution, 
 to preserve the peace of the country. The 
 English were so. They act most strikingly 
 upon the minds of the people, and must be 
 
 
52 
 
 R( 
 
 (0 
 
 1774. 
 
 cjjP' administered without any equitable qualifica- 
 ,^^ tions. These are said to be universally receiv- 
 1760 ed. In truth, they could neither be refused nor 
 avoided. 
 
 * * * " Three very different opinions have 
 been entertained* There are those who think 
 that the law of England, in ah its branches, is 
 actually established, and in force in Quebec. 
 They argue that your Majesty, upon the con- 
 quest, had undoubted authority to establish 
 whatever laws should seem fittest in your royal 
 wisdom : that your Majesty's proclamation 
 dated the seventh day of October, 1 763, was a 
 repeal of the existing laws, and an establish- 
 ment of the English laws in their place, in all 
 parts of the new subjected countries : that the 
 several commissions to hear and determine by 
 the laws of England, were an actual and autho- 
 ritative execution of those laws ; and that the 
 law, as it prevails in the province of New York 
 and the other colonies, took its commencement 
 in the same way, and now stands on the same 
 authority. 
 
 ** If your Majesty should be pleased to adopt 
 this opinion, it seems to afford a full answer to 
 the whole reference, by exhibiting not only a 
 general plan, but a perfect system of civil and 
 criminal justice, as perfect as that which pre- 
 vails in the rest of your Majesty's dominions,or 
 at least it leads off to questions widely different, 
 touching the expediency of a general change 
 in the established laws of a colony, and touch- 
 ing the authority by which it ought to be made. 
 
ualifica- 
 
 receiv- 
 
 ised nor 
 
 ns have 
 10 think 
 :hes, is 
 iuebec. 
 he con- 
 stablish 
 ar royal 
 amation 
 \, was a 
 itablish- 
 ?, in all 
 that the 
 line by 
 I autho- 
 hat the 
 w York 
 cement 
 e same 
 
 adopt 
 swer to 
 only a 
 ivil and 
 ch pre- 
 iions,or 
 fferent, 
 change 
 touch- 
 made. 
 
 53 
 
 " Others are of opinion that the Canadian chap. 
 laws remain unrepealed. They argue that " 
 according to the notion of the english law, 
 upon the conquest of a civilized country, the 
 laws remain in force till the conqueror shall 
 have expressly ordained the contrary. They 
 understand the right acquired by conquest, to 
 be merely the right of empire, but not to ex- 
 tend beyond that, to the liberty and property 
 of individuals, from which they draw this con- 
 sequence, tha^ no change ought to be made in 
 the former laws beyond what shall be fairly 
 thought necessary to establish and secure the 
 sovereignty of the conqueror. This idea they 
 think confirmed by the practice of nations, and 
 the most approved opinions. " Cum enim 
 omne imperium victis eripitiir relinq?ii illis 
 possunt, circa res privatas^ et piiblicas mr ores 
 siKB leges, siiique mores, et magistratus tiujus - 
 indulgentice pars est^ avitcB religionis usum 
 metis, nisi per masis non eripere,^^ Grot. 3. 15. 
 10. ; and if this general tide to such modera- 
 tion could be doubted, they look upon it to be a 
 necessary consequence of the capitulation and 
 treaty alluded to before, by which a large grant 
 was made them of their property and personal 
 liberty, which seem to draw after them the laws 
 by which they were created, defined and pro- 
 tected, and which contain all the idea they 
 have of either. This moderated right of war, 
 flowing from the law of nations and treaties, 
 they think may have some influence upon 
 
 E 2 ■ . .. ■ 
 
 \im 
 
 
 to 
 
 ' ■tf 
 
 1774. 
 
 ' m 
 
 •ff 
 
ci.uj). the interpretation of the public acts above 
 " mentioned. 
 
 i7tjQ ** Though the proclamation of 7th October, 
 y 1763, is conceived in very large terms, gene- 
 ■ rally enough to comprehend tha settled coun- 
 tries together with the unsettled, yet the pur- 
 view of it seems to apply chiefly if not altoge- 
 ther to the unsettled, where the laws of 
 England obtain a course till otherwise ordered ; 
 for it seems to assume and proceed upon it, as 
 manifest that the laws of England are already 
 in force, which could not be true of any settled 
 country reduced by conquest. It also recites 
 for its object that it will greatly contribute to 
 the speedy settling our said new government ; 
 and at any rate, they think it too harsh a con- 
 clusion to be admitted that such an instrument 
 in the state thereof, not addressed to the Cana- 
 dians, nor solemnly published among them, nor 
 taking any notice of their laws, much less 
 repealing them, should be holden to abrogate 
 all their former customs and institutions, and 
 establish the english laws in every extent and 
 to every purpose, as it may be thought to do in 
 unsettled countries, which conclusion, how- 
 ever, they know not how to avoid, but by 
 confining it to those countries where no settled 
 form of justice existed before. 
 
 " If it be true that the laws of England were 
 not introduced into Canada by this proclama- 
 tion, they consider the several commissions 
 above mentioned, to hear and determine 
 according to those laws, to be of as little effect 
 
 ! 
 
 as 
 det( 
 
 that] 
 mat 
 
 was! 
 and 
 
and 
 and 
 do in 
 
 lOW- 
 
 bv 
 !tlled 
 
 55 
 
 as a commission to New York to hear and^'''i'- 
 determine according to the laws of Canada. ,^J^ 
 
 «•*#*#*<; Others, again, have thought i7«u 
 that the effect of the above mentioned procia- ,774 
 mation, and the acts which followed upon it, 
 was to introduce the criminal laws of England, 
 and to confirm the civil law of Canada. In (his 
 number were two persons of great authority 
 and esteem ; — Mr. Yorke and Mr. De Grey, 
 then Attorney and Solicitor General, as I col- 
 lect from their report of the 14th April, 1766. 
 One great source, they represent, of the disor- 
 der supposed to prevail in Canada, was the 
 claim taken at the construction put upon your 
 Majesty's proclamation of 1763, as if it were 
 your Majesty's intention, by your Majesty's 
 judges and officers of that country at once to 
 abolish all the usages and customs of Canada, 
 with the rough hand of a conqueror, rather 
 than in the true spirit of a lawful sovereign, 
 and not so much to extend the protecdon and 
 benefit of your Majesty's english laws to your 
 new subjects, by securing their lives, liberties 
 and properties, with more certainty than in for- 
 mer times, as to impose new, unnecessary and 
 arbitrary rules, especially in the titles to lands, 
 and in the modes of descent, alienation and 
 setUement, which tend to confound and sub- 
 vert rights instead of supporting them. 
 
 *• There is not, they observe, a maxim of the 
 common law more certain, than that a conquer- 
 ed people retain their ancient customs till the 
 conqueror shall declare new laws. To change 
 
 
Ii 
 
 Chap, at once, the laws and manners of a settled 
 
 ^'- country, must be attended with hardships and 
 
 "]^ violence. And, therefore, wise conquerors 
 
 having provided for the security of their domi 
 
 to 
 
 ■ nions proceed gently, and indulge their con- 
 quered subjects in all local customs which are 
 in their nature indifferent, and which have been 
 received as rules of property or have obtained 
 the force of laws. It is the more material that 
 this policy should be pursued in Canada, be- 
 CdLise it is a great and ancient colony, long 
 settled and much cultivated by french subjects 
 who now inhabit it, to the number of eighty or 
 one hundred thousand. 
 
 ****** "In criminal cases, whether 
 they be capital offences or misdemeanors, it is 
 highly fitting so far as may be, that the laws of 
 England should be adopted, in the description 
 and quality of the offence itself; in the manner 
 of proceeding to charge the party, to bail or 
 detain him, to arraign, try, convict, or condemn 
 him. The certainty and lenity of the English 
 administration of justice, and the benefits of this 
 constitution, will be more peculiarly and essen- 
 tially felt by his Majesty's Canadian subjects, 
 in matters of crown law which touch the life, 
 liberty and property of the subjects, than in the 
 conformity of your Majesty's courts to the 
 english rules in matters of tenure, or the suc- 
 cession and alienation of real and personal 
 estate. This certainty and this leniency are the 
 benefits intended by your Majesty's royal pro- 
 clamation, so far as concerns judicature. These 
 
 arel 
 ed 
 
57 
 
 settled 
 lips and 
 querors 
 ir domi- 
 nr con- 
 lich are 
 ve been 
 'btained 
 rial that 
 da, be- 
 y, long 
 subjects 
 ighty or 
 
 er 
 
 vheth 
 Ts, it is 
 laws of 
 iription 
 Tianner 
 bail or 
 >ndemn 
 English 
 of this 
 essen- 
 bjects, 
 he life, 
 1 in the 
 to the 
 e suc- 
 rsonal 
 ire the 
 al pro- 
 These 
 
 (iO 
 
 are irrevocably granted and ought to be secur-chai 
 ed to your Majesty's Canadian subjects accord- J^ 
 ing to your royal word. 
 
 " I have rather presumed to trouble youi }?^ 
 Majesty with a copy of their expressions than 
 any abstract of their opinion ; because, though 
 I subscribe absolutely to the irulh and good 
 sense of their positions, I freely confess my- 
 self at a loss to comprehend the distinction 
 whereby they find the criminal law of England 
 introduced, and the civil la^' . of Canada con- 
 tinued, by instruments whicii em to estab- 
 lish all the laws of Engl x; ^ Loth civil and 
 criminal at the same time, in *^ le same sentence, 
 and by the same form o^ words, if they are 
 understood to establish v .1^ , or to relate to 
 Quebec. 
 
 " They seem to proceed much upon the 
 supposed superiority which they justly impute 
 to the criminal laws of England. It is very 
 unfit that 1 should speak of them to your Ma- 
 jesty without the utmost reverence. But T can 
 conceive that a Canadian, blinded, perhaps, by 
 the prejudices of different habits, may think of 
 them in a different manner, and even set but 
 small value on that excellent institution the 
 trial by jury ; whereby the natural equality 
 among men is so admirably preserved, and the 
 lowest subjects of the state admitted to more 
 than an equal share of the supreme judicial 
 authority. I have been actually informed that 
 a Canadian gentleman would think himself 
 degraded, and more hardly used by being sub- 
 
 1 
 
58 
 
 Chap, mitted for life or limb to the judgment of his 
 J^ tradesmen, than if he were put to the question 
 1760 and tortured by the king's authority. 
 ^" " If the difficulties were liquidated and the 
 ' way more open, I humbly submit to your Ma- 
 jesty, that some other points should be pre- 
 viously settled, before the forms of mere civil 
 and criminal justice can be legally conceived. 
 What form of civil government is fittest to be 
 adopted in that country is doubtless a question 
 of policy and state ; notwithstanding which, it 
 seems no less manifest, that any given form of 
 cfvil government will take effect and influence 
 in a thousand ways, upon any scheme to be 
 designated, of civil and criminal justice. 
 
 " Religion also, so far as it affects the state 
 and becomes an object of establishment or 
 toleration, seems to be a matter of policy and 
 state ; and yet it is sufficiently obvious what a 
 multitude of laws must follow upon any given 
 establishment or toleration, more or less accord- 
 ing to the degrees in whxh the religion is 
 incorporated with the state. 
 
 *' What public revenue is to be established 
 in a new province is, perhaps, a question merely 
 political ; but when decided, it generally draws 
 after it a system of laws peculiar to itself and an 
 appropriated tribunal. The same observation 
 holds, in a certain degree, of the police of a 
 country. 
 
 " Being totally uninformed of your Majesty's 
 royal pleasure touching these important arti- 
 cles, I feel it extremely difficult to state any 
 
 
 cei 
 am 
 altl 
 bel 
 
 .£' 
 Pl( 
 
 eh 
 bas 
 
 Eli' 
 
 . > 
 
t » 
 
 of his 
 uestion 
 
 ind the 
 ur Ma- 
 )e prc- 
 e civil 
 ceived. 
 t to be 
 nestion 
 hich, it 
 form of 
 iuence 
 to be 
 
 i State 
 ent or 
 :y and 
 what a 
 given 
 ccord- 
 ion is 
 
 lished 
 lerely 
 draws 
 nd an 
 i^ation 
 of a 
 
 esty's 
 arti- 
 e any 
 
 to 
 177-1. 
 
 59 
 
 certain scheme of civil and criminal laws, orchap 
 any which must not receive deep and material '' 
 alterations for that which your Majesty shall 7^ 
 be pleased to determine on those heads. 
 
 There are, at the same time, certain princi- 
 ples which seem, in my humble opinion, to 
 claim your Majesty's gracious attention, as the 
 basis of any new laws to be made in Quebec. 
 
 " The Canadians seem to have been strictly 
 entitled by the jtis gentium to their property, as 
 they possessed it upon the capitulation and 
 treaty of peace, together with all its qualities 
 and incidents, by tenure or otherwise, and also 
 to their personal liberty ; for both which they 
 were to expect your Majesty's gracious pro- 
 tection. 
 
 « *' It seems a necessary consequence that all 
 those laws by which that property was created, 
 defined, and secured must be continued to them. 
 To introduce any other, as Mr. Yorke, and Mr. 
 De Grey emphatically expressed it, tend to 
 confound and subvert rights instead of support- 
 ing them. 
 
 " When certain forms of civil justice have 
 long been established, people have had fre- 
 quent occasions to feel themselves and observe 
 in others the actual coercion of the law in 
 matters of debt and other engagements and 
 dealings, and also in the recompense for all 
 sorts of wrongs. The force of these examples 
 goes still further and stamps an impression on 
 the current opinion of men and puts an actual 
 check on their dealings ; and those who never 
 
60 
 
 to 
 1774. 
 
 I'll 
 
 ti 
 
 Chap, heard of the examples or the laws which pro- 
 "• duced them, yet acquire a kind of traditional 
 knowledge of the legal effects and consequences 
 of their transactions, sufficient and withal abso- 
 lutely necessary for the common affairs of pri- 
 vate life. It is easy to imagine what infinite 
 disturbance it would create to introduce new 
 and unknown measures of just'ce ; doubt and 
 uncertainty in the transaction ; disappointment 
 and loss in consequence. 
 
 " The same kind of observation applies with 
 still greater force against a change of the crimi- 
 nal law, in proportion as the examples are 
 more striking, and the consequences more 
 important. The general consternation which 
 must follow upon the circumstance of being 
 suddenly 'subjected to a new system of criminal 
 law, cannot soon be appeased by the looseness 
 or mildness of the code. 
 
 " From these observations, I draw it as a 
 consequence that new subjects, acquired by 
 conquest, have a right to expect from the 
 benignity and justice of their conqueror the 
 continuance of all these old laws, and they 
 seem to have no less reason to expect it from 
 his wisdom. It must, I think, be the interest 
 of the conqueror to leave his new subjects in 
 the utmost degree of private tranquillity and 
 personal security; and, in the fullest persua- 
 sion of their reality, without introducing need- 
 less occasion of complaint and displeasure, 
 and disrespect for their own sovereign. He 
 seems, also, to provide better for the public 
 
 i 
 
 \ 
 
 of 
 
ei 
 
 In 
 7^. 
 
 peace and order, by leaving them in the habit thHp. 
 of obedience to their accustomed laws than by ^^ 
 undertaking the harsher task of compeHing a iTf^o 
 new obedience to laws unheard of before. 
 And if the old system happens tj be more per- 
 fect than any thing which invention can hope 
 to substitute on the sudden, the scale sinks 
 quite down in its favor. 
 1 " If should be remembered that the scheme 
 of government and hws for Canada, was con- 
 ceived by a wise court in a cool moment, 
 untainted with private passion or public preju- 
 dice. The principles of humanity and the 
 views of state combined to suggest that plan 
 which might serve to build a flourishing colony 
 upon. The plan was improved, from time to 
 time, by the wisdom and experience of suc- 
 ceedini; times, and not left to become obsolete 
 and unfit for the progressive state of the 
 province. ' ' 
 
 " Although the foregoing observations should 
 be thought just, as a general idea, yet circum- 
 stances may be supposed, under which it would 
 admit some exceptions and qualifications. The 
 conqueror succeeded to the sovereignly in a 
 title at least as full and strong, as the conquer- 
 ed can set up to their private rights and ancient 
 usages. Hence would follow every change in 
 the form of government which the conqueror 
 should think essentially necessary to establish 
 his sovereign authority and assure the obedi- 
 ence of his subjects. This might porsibly 
 produce some alteration in tiie laws, especially 
 
62 
 
 Chap, those which relate to crimes against ihe state, 
 ^^' religion, revenue and other articles of police, 
 j7(jo and in the form of magistracy. But it would 
 to also follow, that such a change should not be 
 made without some such actual and cogent 
 necessity, v/hich real wisdom could not 
 overlook or neglect ;— not that ideal neces- 
 sity which ingenious speculation may always 
 create by possible supposition, remote infe- 
 rence and forced argument — not the necessity 
 of assimilating a conquered country in the 
 article of laws and government to the metropo- 
 litan state, or to the older provinces which 
 other accidents attached to the empire, for the 
 sake of creating a harmony and uniformity in 
 the several parts of the empire ; unattain- 
 able, and, as I think, useless if it could be 
 attained : — not the necessity of stripping from 
 a lawyer's argument all resort to the learned 
 decisions of the Parliament of Paris, for 
 fear of keeping up the historical idea of 
 the origin of their laws : — not the necessity 
 of gratifying the unprincipled and imprac- 
 ticable expectations of those few among your 
 Majesty's subjects who may accidentally 
 resort thither, and expect to find all the differ- 
 ent laws of all the different places from which 
 they come, nor according to my simple judg- 
 ment, any species of necessity, which I have 
 heard urged for abolishing the laws and govern- 
 ment of Canada* ^rt 
 " The foregoing thoughts are humbly sub- 
 mitted to your Majesty, as general and abstract 
 
 P 
 a 
 
 or 
 
 i3 
 
 <C 
 
B State, 
 
 police, 
 
 would 
 
 not be 
 
 cogent 
 
 Id not 
 
 neces- 
 
 always 
 
 te infe- 
 
 jcessity 
 
 in the 
 letropo- 
 
 which 
 , for the 
 rmity in 
 inattain- 
 ould be 
 ng from 
 learned 
 ris, for 
 dea of 
 |ecessity 
 jimprac- 
 
 g your 
 
 entally 
 
 differ- 
 
 which 
 
 judg- 
 
 I have 
 
 Igovern- 
 
 )ly sub- 
 ibstract 
 
 63 
 
 propositions, liable to be much altered in the chap. 
 application, by what your Majesty may think *' 
 fit to resolve upon the matters of policy and "^reo^ 
 state which have appeared to me in some de- to 
 gree previous considerations to any plan for 
 the administration of civil and criminal justice, 
 and upon which I have not presumed to offer 
 any opinion. All which is humbly submitted 
 to your Majesty's royal wisdom." 
 
 Such were the sentiments of british states- 
 men of that day, and which every generous 
 and genuine british heart of the present will 
 respond to, and take pride in. — Sentiments, 
 certainly not in the spirit of " foreigners and 
 intruders,'* as their countrymen, since immi- 
 grating to this,, a land acquired by their fore- 
 fathers, assuredly not through any complacency 
 of its former owners, (for neither were they 
 wanting in virtue or in bravery,) but by their 
 trusty arms, recently have been designated by 
 their fellow subjects of french origin in the 
 colony, the descendents of the then so called 
 " new subjects,^* for whose welfare and happi- 
 ness so much solicitude was then evinced, as 
 from that time to this it unceasingly has been. 
 
 The reader will have perceived the elements 
 of the Quebec ^ct in the advice we have just 
 perused, as submitted to the king by his Ma- 
 jesty's constitutional advisers, in reference to 
 Canada ; and if he be a truly british subject, 
 sensible of the honor of his country and of the 
 reputation of her statesmen and legislators, he 
 must feel, and with an honest satisfaction, that 
 
 m 
 
 m 
 
pl 
 
 ;!' i 
 
 1774. 
 
 Chap, there was not less of wisdom displayed in their 
 ^^ councils, than of valour in the field by the little 
 
 ,7(JJ^but gallant division of the army which, under 
 t'> the immortal Wolfe, establishing itself, on the 
 memorable 13th September, 1759, on the plains 
 of Abraham, made classic by his fall in the mo- 
 ment of victory, and by the achievement of that 
 glorious day, placed the british standard on the 
 hitherto impregnable citadel of Quebec, where, 
 in triumph and unblemished, it has ever since 
 waved, and let us hope long will wave in 
 despite of all its enemies. 
 
 One position we may take in starting, as 
 certain, and which, as we go on, we shall find 
 to be confirmed by experience ; namely, that 
 whatever abuses the colonists have, from time 
 to time, had cause to complain of in the admi- 
 nistration of their local affairs, these have been 
 chiefly if not altogether attributable to the local 
 authorities ; and that on the part of the impe- 
 rial government and british parliament, a dispo- 
 sition, favorable to Canada, and to redress all 
 real grievances and well-founded complaints 
 submitted to their judgment by the inhabitants 
 of the colony, particularly by those of french 
 origin, has never been wanting. These high 
 authorities, have invariably been above all 
 reproach, and uniformly just and liberal, 
 though no doubt, occasionally embarrassed, 
 in the diversity of opinions as to the line of 
 policy which it might be the most desirable to 
 pursue. Embarrassments that must have been 
 enhanced by the discontent of the colonists of 
 
d in their 
 the little 
 
 b, under 
 If, on the 
 he plains 
 1 the mo- 
 nt of that 
 rd on the 
 
 c, where, 
 i^er since 
 wave in 
 
 rS. 
 
 65 
 
 british origin, or british birth, immigrating toe lup. 
 Lower Canada ; who, at times, deeming the ^' 
 british interests in the colony sacrificed to pro- 
 pitiate a party of the other origin, hostile to 
 them, have thought the home government, to 
 use Mr. Wedderburne's language, and in pro- 
 secution of his policy, to have shewn " more 
 attention to the native Canadian than to the 
 british emigrant," and feh wounded at it. 
 
 17H0 
 
 to 
 
 1774. 
 
 rtmg, as 
 shall find 
 ely, that 
 rom time 
 he admi- 
 ave been 
 the local 
 le impe- 
 a dispo- 
 jdress all 
 >mplaints 
 labitants 
 f 
 
 french 
 IBse high 
 Dove all 
 
 liberal, 
 irrassed, 
 
 line of 
 irable to 
 ive been 
 onists of 
 
 '..A.i 
 
 -/i' 
 
 
 f I 
 
 F 2 
 
66 
 
 .1 -- 
 
 CHAPTER III. 
 
 I," f 
 
 ^^ 
 
 ■-■■■^& 
 
 t; ;[ 
 
 WU 
 
 p. ■'■. 
 
 The King signifies by message to parliament his intention to 
 divide the province of Quebec into two separate provin- 
 ces, to be called Upper Canada, and Lower Canada — 
 Bill accordingly introduced by Mr. Pitt — his views of tlie 
 subject — Mr. Fox's views different from those of Mr. 
 Pitt as to the division of the province into two, thinking 
 it more desirable to preserve ii« unity, as most likely to 
 produce an amalgamation of the inhabitants of english 
 and l^encli origins— suggests an elective Legislative Coun- 
 cil — Mr. Lymburner heard at the bar in opposit on to the 
 bill — his objections to it — variolas interesting notices by 
 him on the state of the proviiice of Quebec, since the 
 passing of The Quebec -Md^ its judicature, &c. — his anti- 
 cipations in case the bill become law, and the province 
 be divided in two — remarkable, as time and experience 
 have verified, for their general accuracy. 
 
 Chap Passing over the militjiry and naval occur- 
 
 J^^^rences of those days in Canada, which, as 
 
 ^TTpi'f^vioiLiiy mentioned, are not within our plan, 
 
 17m '*^'^ proceed to the division of the province of 
 
 Quebec, as established by the act of 1791,* into 
 
 the two provinces of Upper and Lower Canada, 
 
 following the latter from birth to dissolution, 
 
 and to its reincorporation with the former, from 
 
 which, as many think, and perhaps justly, it 
 
 ought never to have been separated. 
 
 The time had come, in the opinion of the 
 hritish government, when the state and circum- 
 stances of Canada, rendered it expedient to 
 
 * 3i Geo. III., ch. 31, usually called « The constitutional Act'^ 
 
 
',-,.r 
 
 U 
 
 lis intention to 
 sparate provin- 
 wer Canada — 
 is views of tlie 
 those of Mr. 
 two, thinking 
 . most likely to 
 »nt9 of english 
 gislaiive Coun- 
 posit on to the 
 ing notices l)y 
 bee, since the 
 &c. — his anti- 
 ;1 the province 
 md experience 
 
 ival occur- 
 which, as 
 
 n our plan, 
 
 province of 
 791,* into 
 
 er Canada, 
 issolution, 
 mer, from 
 justly, it 
 
 ion of the 
 id circum- 
 pedient to 
 
 utional Act '^ 
 
 67 
 
 confer upon the inhabitants of it, a more popu-<^'hap. 
 lar constitution than that they held under the .^.^^ 
 Quebec Act. The old subjects, or those of 1774 
 british birth or origin, were rapidly increasing ,.% 
 in the province by immigration from the United 
 States, after the establishment of their inde- 
 pendence, and were anxious for a government 
 and constitution more in accordance with such 
 as they had been accustomed to, and better 
 suited to the advancement and welfare of their 
 adopted country, than the government which, 
 on their advent, they founJ in it. 
 
 There were also heavy complaints from the 
 british settlers in the province to the govern- 
 ment at home, on the state of affairs in the 
 colony. The Quebec Act had not, it was 
 said, secured the peace, nor promoted the hap- 
 piness or prosperity of the people uf the 
 province, but produced the contrary effects ; 
 — that from the uncertainty as to the laws 
 intended to be introduced by that act, h;'. Ma- 
 jesty's subjects had been obliged to aepend 
 for justice on the vague and uncertain ideas of 
 the judges — and that althou a it had been six- 
 teen years in force, the courts had not yet set- 
 tled or agreed whether the whole of the french 
 laws, or what part of them, composed the 
 custom of Canada, as tl ey sometimes admit- 
 ted and sometimes rejected whole codes of the 
 french law. 
 
 The progress of opinions in Europe, and the 
 movements in France at the time, probably 
 also had some influence up( m the minds of those 
 
 
 vi 
 
68 
 
 1791. 
 
 (hap. at the helm of affairs in England, in their deter- 
 '^^' minaiion to leave to their fellow-subjects in 
 177/ Canada nothing to be coveted in the example 
 to of foreiojn countries, particularly in the neisjh- 
 bourmg one, and to bestow upon them a con- 
 stitution as hberal as they could desire, and as 
 might consist with the dependence of the pro- 
 vince upon the crown and parliament of Great 
 Britain. 
 
 As british subjects who had forfeited their 
 worldly possessions in the cause of the empire 
 and its integrity, and had abandoned their 
 homes in preference to an abandonment of 
 their allegiance, and migrated to the wilderness 
 of the north, to seek an asylum and a new 
 country, they were worthy of the solicitude of 
 the government and nation to whose cause they 
 conscitJtiously adhered. " The loyalists," as 
 they were denommated, had located themselves 
 principally in the western parts of the province, 
 along the north bank of the St. Lawrence, and 
 in the vicinity of the lakes Ontario and Erie, 
 where the climate was more genial and the 
 soil better suited to agriculture than in the 
 lower section of the province, known as Lower 
 Canada. The country bordering upon those 
 great lakes was at the time a vast solitude, 
 with but very little exception. rtfoiJ 
 
 On the 4th of March, 1791, the following 
 message from the king, was transmitted to the 
 House of Commons : — " His Majesty thinks it 
 proper to acquaint the House of Commons that 
 it appears to his Majesty, that it would be for 
 
 tW 
 vii 
 
3ir deter- 
 bjecls in 
 example 
 le neigh- 
 m a con- 
 e, and as 
 the pro- 
 of Great 
 
 ed their 
 e empire 
 ed their 
 ment of 
 Iderness 
 I a new 
 ;itude of 
 use they 
 ists," as 
 'mselves 
 rovince, 
 ice, and 
 id Erie, 
 and the 
 in the 
 > Lower 
 n those 
 oh'tude, 
 
 llowing 
 i to the 
 hinks it 
 )ns that 
 be for 
 
 69 
 
 the benefit of his Majesty's subjects in his pro- ch^v. 
 vince of Quebec that the same should be divid- ^" 
 ed into two separate provinces, to be called the 177, 
 province of Upper Canada, and the province of [ » 
 Lower Canada, and that it is accordingly his 
 Majesty's intention so to divide the same, 
 whenever his Majesty shall be enabled by act 
 of parliament to establis^h the necessary regu- 
 lations for the government of the said provinces. 
 His Majesty, therefore, recommends this object 
 to the consideration of this house. 
 
 *' His Majesty also recommends to this 
 house to consider of such provisions as may be 
 necessary to enable his Majesty to make a per- 
 manent appropriation of lands in the said pro- 
 vinces 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 it is his 
 Majesty's 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 same object, in proportion 
 to such increase as may happen in the popula- 
 tion and cultivation of the said provinces ; and 
 for this purpose, his Majesty consents that such 
 provisions and regulations may be made by this 
 house respecting all future grants of land to be 
 made by his Majesty within the said provinces, 
 as this house shall think fit." 
 
 IMr. Pitt stated, in introducing his bill on this 
 subject, " that the division of the province into 
 Upper and Lower Canada, he hoped would 
 
• lit 
 
 II 
 
 70 
 
 Chap, put an end to the competition between the old 
 "^- french inhabitants and the new settlers from 
 7^ Britain and the british colonies : this division, 
 to he trusted, would be made in such a manner as 
 to give each a great majority in their own par- 
 ticular part, although it could not be expected 
 to draw a complete line of separation. Any 
 inconvenience, however, to be apprehended 
 from ancient Canadians being included in the 
 one, or british settlers in the other, would be 
 averted by a local legislature to be established 
 in each, 
 
 " In imitation of the constitution of the mo- 
 ther country, he should propose a Council and 
 House of Assembly for each ; the Assembly to 
 to be constituted in the usual manner, and the 
 members of the Council to be members for 
 life ; reserving to his Majesty to annex to cer- 
 tain honors an hereditary right of sitting in the 
 Council. All laws and ordinances of the pro- 
 vince "were to remain in force till altered by 
 the new legislature. The habeas corpus act 
 was already law by an ordinance of the pro- 
 vince, and was to be continued as a fundamen- 
 tal principle of the constitution. 
 
 " It was further meant to make a provision 
 for a protestant clergy in both divisions, by an 
 allotment of lands in proportion to those already 
 granted, and as in one of them the majority of 
 the inhabitants would be catholics, it was 
 meant to provide that it should not be lawful 
 for his Majesty to assent to future grants for 
 this purpose, without first submitting them to 
 
n 
 
 the old 
 rs from 
 ivision, 
 nner as 
 n par- 
 pected 
 Any 
 lended 
 in the 
 uld be 
 5lished 
 
 he rao- 
 
 cil and 
 
 My to 
 
 md the 
 
 prs for 
 
 o cer- 
 
 in the 
 
 e pro- 
 
 ed by 
 
 IS act 
 
 e pro- 
 
 imen- 
 
 vision 
 by an 
 ready 
 ity of 
 
 was 
 awful 
 ts for 
 
 m to 
 
 the consideration of the British Parliament, chap 
 The tenures were to be settled, in Lower ^^^ 
 Canada, by the local legislature. In Upper "^^ 
 Canada, the settlers being chiefly british, the to 
 tenures were to be soccage tenures. To pre-''^*^ 
 vent any such dispute as that which separated 
 the thirteen states from the mother country, it 
 was provided that the British Parliament should 
 impose no taxes but such as might be neces- 
 sary for the regi?lation of trade and commerce ; 
 and to guard agaihc^ the abuse of this power, 
 such taxes were to be levied and disposed of 
 by the legislature of each division." 
 
 The bill was warmly opposed in its progress 
 through the house by Mr. Fox and some other 
 gendemen. They objected, in the first place, 
 to the division of the province. " It had been 
 urged," Mr. Fox said, " that by such means 
 we could separate the english and the french 
 inhabitants; — but was this to be desired? — 
 Was it agreeable to general and political expe- 
 diency ? — The most desirable circumstance 
 was that the french and english inhabitants 
 should coalesce into one body, and that the 
 different distinctions of people might be extin- 
 guished for ever. If this had been the object 
 in view, the English laws might soon have pre- 
 vailed universally throughout Canada — not from 
 force, but from choice and conviction of their 
 superiority." 
 
 Mr. Fox also proposed that the Legislative 
 Council, or aristocratic branch of the new con- 
 stitution should be " elective." " Instead, 
 
 I, 
 
 MvE 
 
1771 
 
 t(. 
 I7.4J. 
 
 I 
 
 72 
 
 rhap. therefore," — said he — " of tl-e king's naming 
 "'• the Council at that distance, (in which case 
 they had no security that persons of property 
 and p'M-sons fit to be named would be chosen,) 
 wishing as he did to put the freedom and sta- 
 bility of the constitution of Canada on the 
 strongest basis, he proposed that the Council 
 should be elective. But how elective? — not 
 as the members of the House of Assembly were 
 intended to be, but upon another footing. — He 
 proposed that the members of the Council 
 should not be eligible unless they possessed 
 qualifications infinitely higher than those who 
 were eligible to be chosen members of the 
 House of Assembly, and in like manner the 
 electors of members of Council must possess 
 qualifications also proporlionably higher than 
 those of the electors of representatives in the 
 House of Assembly. By this means," — Mr. 
 Fox said — " they would have a real aristocracy 
 chosen by persons of property, from among 
 persons of the highest property, who would 
 thence necessarily possess that weight, influ- 
 ence, and independency, from which alone 
 could be derived a power of guarding against 
 any innovations that might be made,eitherby the 
 people on the one part, or the crown on the 
 other. In answer to this proposition" — Mr. 
 Fox observed — " it might possibly be said to 
 him, if you are decidedly in favor of an elec- 
 tive aristocracy, why do you not follow up your 
 own principles, and propose to abolish the 
 House of Lords and make them elective ? — 
 
78 
 
 For this plain reason, because the British char- 
 House of Lords stood on the hereditary, '" 
 known, and acknowledged respect of the'^J7 
 country for particular institutions, and it was t* 
 impossible to put an infant constitution upon 
 the sanne footing." 
 
 Mr. Pitt, in reply to the various objections 
 of Mr. Fox and others to the bill, stated among 
 other matters — '* that the population of Upper 
 Canada amounted to only ten thousand inhabi- 
 tants, and that of the Lower Province to not 
 more than a hundred thousand^' an estimate 
 differing considerably from those already seen. 
 Dividing the province he considered as the 
 best means of conciliating the french inhabi- 
 tants, as they would, by this measure, be made 
 sensible that there was no intention to force 
 the british laws upon them. It would also, in 
 elections, prevent that contest between the two 
 parties, which would be likely to take place, 
 if there were but one House of Assembly. 
 
 Mr. Pitt, again, in answer to a question 
 asked by Mr. Francis,T whether it were his 
 intention, by the division of the province, to 
 assimilate the Canadians to the language, the 
 manners, the habits, and above all, to the laws 
 and constitution of Great Britain, said, that he 
 certainly did mean so, and that he was clearly 
 of opinion, in the present case, that an attempt 
 to force on them those laws, to which their own 
 prejudices were averse, was not the way ever 
 to reconcile them to the british laws and 
 
 constitution. 
 
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 (716) 872-4503 
 
I i 
 f 
 
 
 ; - 
 
 Chap. 
 HI. 
 
 1774 
 
 to 
 17 91. 
 
 The bill, as introduced, gave dissatisfaction 
 to many in Canada, and Mr. Adam Lymburner, 
 a merchant,of Quebec,as their agent, was heard, 
 on the 23d March, 1791, against it at the bar of 
 the House of Commons, where he read an inte- 
 resting and able paper on the subject: — " While 
 that province belonged to France," — said Mr. 
 Lymburner, in addressing the Speaker — " the 
 country was thinly inhabited ; agriculture and 
 commerce were neglected, despised and dis- 
 couraged ; credit and circulation were very 
 confined ; and mercantile transactions were 
 neither numerous, extensive, nor intricate, for 
 the India company had been permitted to 
 retain the monopoly of the fur-trade, which 
 was almost the only export, during that period, 
 from the province. The French government 
 seems to have been totally unacquainted with 
 the mercantile resources of the country, and 
 to have estimated the possession of it merely 
 as being favorable to their views in distressing 
 the neighbouring british colonies ; the inhabi- 
 tants were miserably poor, and the province 
 was a dead weight on that kingdom. But, sir, 
 the province has greatly changed since it was 
 ceded to Great Britain. At the peace of 1763, 
 the commercial spirit and energies of those 
 Britons who have resorted to and settled in 
 the country have, by promoting industry and 
 cultivation, discovered to the world the value 
 of that province ; and though the efforts of a 
 few individuals have not been sufficient to 
 counteract all the pernicious consequences of 
 
75 
 
 tisfaction 
 mburner, 
 as heard, 
 he bar of 
 i an inte- 
 -« While 
 -said Mr. 
 er — " the 
 Iture and 
 1 and dis- 
 /ere very 
 ons were 
 icate, for 
 aiitted to 
 ie, which 
 lat period, 
 jvernment 
 inted with 
 mtry, and 
 it merely 
 distressing 
 he inhabi- 
 B province 
 But, sir, 
 ice it was 
 le of 1763, 
 s of those 
 settled in 
 ustry and 
 the value 
 fforts of a 
 fficient to 
 uences of 
 
 an arbitrary system of government and an un- chap. 
 certain administration of law, yet they have "^ 
 produced a wonderful change on the face of J774 
 that country ; the towns and villages are greatly to 
 increased ; the number of the people is nearly ^^^^ 
 tripled ; there is a double quantity of land 
 cultivated ; the farmers are more comfortably 
 lodged, and a great number of ships are annu- 
 ally loaded with a variety of articles the pro- 
 duce of the proving 3. If such amazing progress 
 has been made in the period of twenty-five 
 years, not only without any assistance from 
 the government, by bounties or encourage- 
 ments, but while the province was labouring 
 under oppression and the people scarcely 
 assured of enjoying the fruits of their industry, 
 what may not be expected from the country, if 
 encouraged by a generous system of govern- 
 ment and assisted by the fostering hand of 
 Great Britain ? When, in consequence of the 
 people being enlightened by education and 
 science, the effects of ancient and narrow pre- 
 judices are destroyed, and the farmers have 
 been induced to change their present wretched 
 system of agriculture, I have no doubt, sir, 
 that the province will be considered as a 
 valuable appendage in the line of trade ; and, 
 instead of exhibiting a weak government and 
 impoverished country, it will acquire that de- 
 gree of respectability which its situation, soil 
 [and numbers ought to command. 
 
 " The bill, sir, now under the deliberation 
 [of this honorable house states in the preamble, 
 
 i 
 
 m 
 I 
 
 i- 
 
 !?•• 
 
 '1 ,ij 
 
 ' 1* 
 
76 
 
 c'flap. that the act of the 1 4th of his Majesty, com- 
 J^ monly called * the Quebec Act' is in many 
 htT respects inapplicable to the present condition 
 ^^ and • circumstances of the province.' 
 
 " This, sir, is very true, and justifies the 
 
 1791, 
 
 Y inis, sir, is very irue, ana jusiines uie 
 f complaints of the people, so often expressed 
 in their petitions against that act. They have 
 had a long and painful experience of the ineffi- 
 ciency of the act. They have severely felt 
 and suffered under the confusion which that 
 act introduced into the government of the pro- 
 vince ; — they have been exposed to the perni- 
 cious effects of uncertain and undefined laws, 
 and to the arbitrary judgments of courts guided 
 by no fixed principles or certain rules, — and 
 they have seen their property, in consequence 
 thereof, dissipated without a possibility of help- 
 ing themselves. It was these evils which 
 induced them to pray this honorable house that 
 the act intituled, " An act for making more 
 " effectual provision for the government of the 
 " province of Quebec," might be repealed 
 in toto. 
 
 " Sir, though the present bill declares in the 
 preamble that the Quebec Act is " in many 
 respects inapplicable to the condition and cir- 
 cumstances of the province," yet it only pro- 
 poses to repeal one clause. Will it be consi- 
 dered asHolhg justiceld the declai-ation or to 
 the petitioners, or to the province to declare 
 thus publicly, that the act is pernicious in many 
 respects, and to give the necessary relief only 
 in one point ? I have examined the Quebec 
 
77 -^ 
 
 Act with a great deal of care, but have notchap. 
 been able to perceive any powerful reason for "^• 
 which it ought to be preserved. 1774 
 
 ******"! cannot perceive any rea- to 
 son for retaining thai act as part of the new ^ 
 constitution. Sir, I have understood govern- 
 ment were fully convinced that what is called 
 in the Quebec Act, the laws of Canada, 
 had not yet been defined ; — that though six- 
 teen years have now elapsed since that act 
 began to operate, it is yet to be determined 
 what or how many of the laws of France com- 
 posed the system of Canadian jurisprudence/ 
 previous to the conquest, or even if there wa/ \ 
 any positive system, particularly for commercial y 
 transactions. 
 
 " Is it intended, by making the Quebec Act 
 the foundation of the new bill, that we shall . 
 remain in the same state of doubt and uncer- 
 tainty which has already given us so much 
 trouble — or that we are, in the new legislature, 
 to combat the prejudices of these our fellow 
 subjects, who, being unacquainted with the 
 nature, the privileges, or circumstances of 
 mercantile and personal transactions, are little 
 inclined to favor them? I might instance 
 Scotland in this particular — how strenuously 
 did the people of that country contend at the 
 union to preserve the whole of their own laws 7 
 I believe it will be allowed that the reservation 
 has not been favorable to that pai of the 
 kingdom, and the people of Scotland were at y 
 
 G 2 ^ 
 
 It "^ 
 
 
 
i ! 
 
 «i 
 
 (^ap. tl: 
 
 7S 
 
 1774 
 
 to 
 1791. 
 
 It 
 
 m 
 
 that time much more enlightened than the 
 Canadians are now. 
 
 " Sir, this honorable house may, perhaps, be 
 told that the french Canadians esteem the 
 Quebec Act ; — that some of them have ex- 
 pressed their approbation of it in petitions to 
 his Majesty ; and, therefore, that great respect 
 ought to be paid to the prejudices and prepos- 
 sessions of these people. I have, sir, a very 
 high respect for the prejudices of education ; 
 and every person, I suppose, has felt the eftects 
 of them; they often proceed from the most 
 amiable motives ; and I have known men of the 
 best hearts and of sound understandings greatly 
 influenced by them ; but, because 1 respect 
 these natural defects in my neighbours, would 
 it be fair or honorable in me to foster, cherish 
 and encourage them? 
 
 " Is it conferring any favor on a people to 
 nurse and feed prepossessions which from their 
 very name must be considered as faults or 
 blemishes ? No, sir, for though it would be 
 extremely wrong to wound the feelings of a 
 people, by attempting rudely to eradicate their 
 prejudices ; yet, I consider it as the duty of 
 government, in kindness to its subjects, to 
 weed out these prejudices gently and by 
 degrees. 
 
 " The french Canadians have now been 
 thirty years subject to the british empire ; — 
 they have had time to acquire some of our 
 
 L customs and manners ; — to study, in a certain 
 degree, the principles of our laws and con- 
 
Ill' 
 
 1774 
 
 to 
 
 1791 
 
 s 
 
 79 ^ 
 
 stitution, — and I stand before this honorable chaj) 
 house the agent, I have no hesitation to say, 
 of a number of the most respectable and intel- 
 ligent of these french Canadians, to solicit the 
 total repeal of the Quebec Act. 
 
 " The investigation which was made by order 
 of Lord Dorchester, in the year 1 787, into the 
 past administration of justice in the province, 
 and which is in the hands of his Majesty's mi- 
 nisters, as well as the disputes between the 
 upper and lower courts in the province since 
 that period, will shew that neither the judges, 
 the lawyers, nor the people understand what 
 were the laws of Canada previous to the con- 
 quest. There has been no certainty on any 
 object of litigation except in such matters as 
 regarded the possession, transmission, or alie- 
 nation'of landed property, where the custom of 
 Paris is very clear. I cannot, therefore, sup- 
 pose that this honorable house will consider it 
 incumbent on them to gratify the prejudices 
 of a part of the people on a point of so much 
 importance to the whole ; — an object that must 
 continue and, perhaps, increase the confusion 
 which has too long prevailed in the province, 
 and which has brought the courts into disrespect 
 and occasioned much uneasiness among the 
 people. 
 
 " I shall hope that this honorable house will 
 repeal the whole of the Quebec Act, in com- 
 pliance with the desires of my constituents, 
 french and english, as being a statute extremely 
 obnoxious to them. One or two short clauses / 
 
 .:n9 
 
 i 
 
 w 
 
 m 
 
 
 i 
 
 1-i 
 
IT" 
 
 II 
 
 i 
 
 1774 
 
 to 
 
 1791 
 
 
 , SO 
 
 Chap, added to the new bill will provide for every 
 ^[[^^art of that act which is necessary to be 
 retained. We shall, perhaps, find it sufficiently 
 difficult to explain and understand the new law; 
 but it must greatly increase our difficulties, if 
 we are obliged to revert to the Quebec Act, 
 to know the full extent of our constitution. 
 
 " My constituents wish to receive from the 
 british parliament a new and complete consti- 
 tution, unclogged and unembarrassed with any 
 \ laws prior to this period. Acts explaining acts, 
 or amending acts, however they may be proper 
 or necessary in the progress of legislation, 
 often involve the objects in greater perplexity 
 and confusion, and it " of the utmost import- 
 
 rance to the tranquillit the province that the 
 new constitution should be clear, distinct, 
 pointed and intelligible. 
 
 " The bill now under the deliberations of this 
 honorable house proposes, in the second and 
 subsequent enacting clauses, to separate or 
 divide the province into two governments, or 
 otherwise,to erect two distinct provinces in that 
 country, independent of each other. I cannot 
 g^conceive what reasons have induced the pro- 
 c position of this violent measure. I have not 
 heard that it has been the object of general 
 wish of the loyalists who are settled in the 
 upper parts of the province ; and I can assure 
 this honorable house that it has not been desir- 
 ed by the inhabitants of tho lower parts of 
 the country. I am confident this honorable 
 . house will perceive the danger of adopting 
 
 
 r 
 
81 
 
 1 
 
 Chap j 
 
 to 
 
 i7yi. 
 
 a plan which may have the most fatal conse 
 quences, while the apparent advantages which '" 
 it offers to view are few and of no great 177, 
 moment. 
 
 " Sir, the loyalists who have settled in the 
 upper parts of the province have had reason to 
 complain of the present system of civil govern- 
 ment, as well as the subscribers to the petitions 
 now on the table of this honorable house. — 
 They have been fellow sufferers with us, and 
 have felt all that anxiety for the preserva- 
 tion of their property which the operation of 
 unknown laws must ever occasion ; a situation 
 of all others the most disagreeable and distress- 
 ing, and which may have engaged some of 
 these people who could not perceive any other 
 way to get out of such misery, to countenance 
 the plans of a few individuals who were more 
 intent to support their own schemes, than to 
 support the true interest of government in the A 
 general tranquillity and prosperity of that ex- y 
 tensive country. But, sir, even supposing that 
 this division has been proposed iu consequence 
 of the general wish and desire of the loyalists, 
 I hope this honorable house will consider, on 
 an object of such vast importance as that of 
 separating for ever the interests and connec- 
 tions of the people of that country, who, from 
 local situation, were certainly designed by 
 nature to remain united as one, — that the 
 interest, the feelings and desires of the people 
 of Lower Canada ought to be consulted and 
 attended to, as well as the wild project of a / 
 
 h 
 
 ! '' 
 
 ' ',1 
 
 J I 
 
1 ,1 
 
 ! 1 
 
 <U ! 
 
 
 i 
 
 II 
 
 i I 
 
 to 
 1791. 
 
 82 
 
 chaj!. small body of people, who are thinly scattered 
 "' over the upper parts of the province, who 
 ,774 have not had time to enquire into and examine 
 their relative situation, and the natural depend- 
 ence which their country must have on the 
 lower parts of the province. 
 
 Sir, in the petitions now on the table, from 
 my constituents, inhabitants of the province of 
 Quebec, this honorable house will observe they 
 have complained that the province has been 
 already greatly mutilated, and that its resources 
 would be greatly reduced by the operation of 
 the treaty of peace of 1783. But, sir, they 
 could not have the most distant idea of this 
 new division. They could not conceive that 
 while they complained of the extent of their 
 country being already so much reduced as 
 materially to prejudice their interests and con- 
 cerns, it would be still further reduced and 
 abridged. If, at the time they penned their 
 petitions, they could have supposed or fore- 
 seen this proposed division, it would have fur- 
 nished them with much stronger reasons of 
 complaint that their interests would thereby be 
 injured. Sir, I am sure this honorable house 
 will agree that the province ought not to be 
 divided iuto separate and independent govern- 
 ments, but on the most urgent reasons, and after 
 having seriously and carefully weighed all the 
 consequences which such a separation is likely 
 to produce. For, if, from experience, the divi- 
 sion shall be found dangerous to the security 
 of government, or to the general interests of 
 
83 
 
 1 
 
 again 
 
 be reunited. *'cha| 
 
 111. 
 
 U) 
 1791. 
 
 the people, it cannot 
 
 That strong principle of nationality or national 
 prejudice which at present connects the people ^774 
 of that province to one another, as being mem- 
 bers of one state, who, though scattered over 
 an immense country, yet all look up to one 
 centre of government for protection and relief, 
 is of the utmost consequence to the security of 
 a country where the inhabitants are so much 
 dispersed. It is that political connexion which 
 forms such a prominent feature in the charac- 
 ter of all nations ; — by which we feel, at first 
 sight, a degree of friendship and attachment 
 which inclines us to associate with, and to / 
 serve a subject of the same kingdom ; — which^/\j 
 makes us look on a person from the same coun- >y^. 
 try and province as an acquaintance, and one ' 
 from the same town as a relation ;— and it is a 
 fact which the history of all countries has estab- 
 lished beyond the possibility of a doubt, that 
 people are more united in the habits of friend- 
 ship and social intercourse, and are more ready 
 to afford mutual assistance and support from 
 being connected by a common centre of govern- 
 ment than by any other tie. In small states this 
 principle is very strong ; but even in extensive 
 empires it retains a great deal of its force ; — 
 for, besides the natural prejudice which in- 
 clines us to favor the people from our own 
 country, those who live at the extremities of an 
 extensive kingdom or province are compelled 
 to keep up a connection or correspondence 1 
 
 • This, however, has been done. 
 
 
 4] 
 
 ! 1*1 
 
 m 
 
Chap 
 
 84 
 
 with those who live near the centre or seat of 
 
 :i'.i 
 
 'M 
 
 III. government, as they will necessarily, at times, 
 
 "^have occasion to apply for favors, justice or 
 
 to right ; and they will find it convenient to 
 
 '^^' request the assistance and support of those 
 
 whose situation enables them to afford it. 
 
 ** I might here compare the different situa- 
 tion of Scotland, now united to England and 
 governed by the same legislature, with some 
 other of the dependencies of the british empire ; 
 but I consider it to be unnecessary, as the ob- 
 ject must be present to the recollection of every 
 member of this honorable house. 
 
 " I beg leave to mention as a consideration 
 worthy the attention of this honorable house 
 against the division of that country and the 
 establishment of a new government in the upper 
 part of it, that the new province will be entirely 
 cut off from all communication with Great 
 Britain ; — that their government will be com- 
 plete within itself; — and as from their situa- 
 tion they cannot carry on any foreign com- 
 merce but by the intervention and assistance of 
 the merchants of Quebec and Montreal, they 
 will, therefore, have little reason to correspond 
 with Great Britain, and few opportunities of 
 mixing in the society of Britons. How far 
 these circumstances may operate in gradually 
 weakening their attachment to the kingdom, 
 I shall leave to the reflection of the honorable 
 members. 
 
 " These are considerations which I have no 
 doubt will have due weight with this honorable 
 
 / 
 
 ll^i' 
 
85 
 
 ,-n 
 
 house ; and there are many others of a general char 
 political nature equally strong* and, perhaps, '*' 
 more pointed, against this innovation, which "TttI 
 will necessarily occur in the consideration of *" 
 the subject. — But there is one consideration 
 which is of the utmost importance to the tran- 
 quillity of the people inhabiting all the parts of 
 that country, and which will alone, I hope, be 
 sufficient to induce this honorable house to 
 reject the plan of a new independent govern- 
 ment. I beg leave to request that the honora- 
 ble members will recollect and attend to the 
 geographical situation of that country, from 
 which it will appear evident that no vessel of 
 any kind can proceed further up the river St. 
 Lawrence than the city of Montreal, on account 
 of the rapids which are immediately above that 
 
 town* Of course, as every article of neces- ( 
 
 ' -. ./ 
 
 • These natural obstacles arc now, however, effectually overcorrio 
 by means of steamers and the Lachine Canal. How would the en- 
 lightened mind that produced the almost prophetic document we art? 
 ))erii8ing, if it could revisit us, and see again the localities there allud- 
 ed to, admire the astonishing improvements that have taken place, m 
 the short period that has elapsed since that day. The Lachine, the 
 Grenville, the Rideau, the St. Lawrence, the Welland Canals, have 
 opened the way for sea goin^ ships from Lake Huron to the ocean, 
 and a canal at Sault Ste. Mane, of a mile or less, at no great e.xpenst- , 
 (not exceeding £100,000, if so much,) would render lake Superior 
 accessible to snips from sea and war steamers. These are, of therrj- 
 seives, gratifying proofs of the superior enterprise and energy of the 
 british race, and british colonists in the Canadas, by whose industry 
 and capital chiefly these great improvements have been effected, and 
 in the rapidly increasing numbers of whom, at no distant period from 
 the present tune, their less enterprising, though, perhaps, more frugal 
 fellow subjects of the other origin, clauning a national existence as la 
 nation canadienne will be merged, as they once imagined, and possi- 
 bly many of them still may, ^ose emigrating hither from the british 
 isles, would be, in the midst of the <' nation." This whim, imaginary 
 and idle as it is, tending only to keep alive national prejudices, and dis- 
 tinctions of national origin among loitish subjects, for the benefit of a 
 
 B 
 
 '< '.J 
 
 ■■\ 
 
 % 
 
 »j 
 
 i^l 
 
 31 
 
 U 
 •I 
 
ff^ 
 
 Hi; 
 
 'f 
 
 II 
 
 S6 
 
 P" 
 Chap, sity, or luxury, which the inhabitants of the 
 
 ^^^' upper district have occasion for from Britain, 
 ^ or any foreign country, must come to them by 
 to the river St. Lawrence,t they must be landed 
 at or below Montreal, where they must be 
 stored by the merchants of Quebec or Montreal, 
 until carriages and boats are provided to send 
 them forward ; — likewise, that every article of 
 produce which the people of these upper dis- 
 tricts wish to export, must be sent in boats to 
 Montreal ; or perhaps to Quebec, for the pur- 
 pose of being shipped for exportation, and that 
 as well the articles of import as of export must, 
 in passing through the lower country, become 
 subject to the laws, regulations, duties and taxes 
 which may be imposed by the legislature of the 
 lower country. Now, supposing the division 
 to take place, as it may be expected that the 
 new legislature of Quebec shall, in due time, 
 provide a revenue towards the support of the 
 civil government of that part of the province, it 
 is more than probaWe that whatever money is 
 raised for that or any other public purpose, will 
 be done by duties payable on importations. It 
 
 Lis, therefore, an object thai deserves the most 
 serious reflection of the honorable members, to 
 
 few to the injury of the mass, and to perjietuate the isolation of the 
 Canadians of french descent from the great english, or as it is fashion* 
 able to term it, anglo saxon family of North America is still, it seems, 
 entertained, notwithstanding the unsuccessful attempts of 1837 and 
 1838 to realise the " nationaliU^^ so ardently, but we will add, hope- 
 lessly aspired to. 
 
 f Here, again, what would be his astonishment to find New York, 
 the favorite seaport for importations to Upper Canada, and Portland, 
 (in Maine) to Montreal. 
 
87 
 
 
 consider how far the people inhabiting the chap 
 upper government will approve of, and be con- ^" 
 tent to pay taxes or duties on their importations "7774 
 or exportations, when the produce of those to 
 
 I • • 1 !• 1 1 1791 
 
 taxes or duties is to be pipphed towards sup- 
 porting the expenses of the civil government of 
 the lower province, or for building public edifi- 
 ces; or otherwise improving or beautifying 
 that part of the country ; or the purpose of 
 granting bounties or encouragement to promote 
 agriculture or particular trades or manufactures, 
 of which the people in the upper province 
 cannot, from their situation, in any manner 
 participate in the advantages. 
 
 " It is impossible, sir, if the province of 
 Quebec is divided, for the wisdom of man to 
 lay down aplar for these objects that will not / 
 I afford matter of dispute and create animosities / 
 between the governments of the two provinces \Sj 
 which, in a few years, may lead to the most ^ 
 Iserious consequences. This would be sowing 
 [th^ ceeds of dissension and quarrels which, 
 lowever easy it may be to raise, it will be found 
 extremely difficult to appease. 
 
 " I see, sir, there has been amendment made 
 to the bill, in the committee, relative to the 
 luties which may be ordered to be levied by 
 parliament for the regulation of commerce, 
 khich is — * that parliament may appoint and > 
 iirectthe payment of drawbacks of such duties 
 50 imposed.' This, sir, I suppose is intended 
 jo give drawbacks to the upper part of the 
 country on such goods as are carried there 
 
 d 
 
 >■< 1 a 
 
 
 \m 
 
flrr * '^ 
 
 
 1774 
 1791. 
 
 Ml 
 
 ijti , 
 
 / 
 
 11 ! 
 
 88 
 
 ('Kap. which may have paid duties of entry on impor- 
 ^^^ tation into the lower country. But this will 
 open a wide door for smuggling in a country 
 where there is no possibility of preventing it, 
 and I am sure the people of the lower country 
 will not be pleased to see large sums of money 
 levied on the importations drawn back by 
 smugglers. This will be found a very ineffec- 
 tual mode of providing a remedy for an object 
 oi that importance, and may have the most 
 serious consequences by raising questions of 
 the most delicate, and, to the province, of the 
 most interesting nature. 
 ^ " In short, sir, this division appears tome 
 dangerous in every point of view to the british 
 interest in America, and to the safety, tran- 
 quillity, and prosperity of the inhabitants of 
 the province of Quebec. It may, perhaps, 
 have been alleged in favor of dividing the pro- 
 vince, that the distance which some of the 
 deputies of the upper districts will have to 
 travel to meet those of the lower districts in 
 legislature, would be inconvenient and expen- 
 sive ; but, sir, is th3 convenience of fifteen or 
 twenty members of the legislature an object of 
 such moment that the tranquillity of the whole 
 of that extensive country must be endangered 
 to assure their ease ? Do not Caithness and 
 the Orkneys send members to represent them 
 in this honorable house ? And I will venture to 
 assure this honorable house that it will not be 
 \ more difficult to travel in the inhabited parts of 
 jthat country than it is from the Orkneys to 
 
89 
 
 Cha^. 
 
 London. I beg leave on this point to bring tocha^ 
 the recollection of this honorable house that "' 
 the distance from Quebec to Niagara is about 1774 
 500 miles, and that Niagara may be considered J^ 
 as the utmost extent westward of the cultiva- 
 ble part of the province. For although there is 
 a small settlement at Detroit, which is and 
 must be considered of great importance as a 
 post of trade with the Indians ; yet it must ap- 
 pear to this honorable house, from its situation, 
 it can never become of any great importance as 
 a settlement ; the falls of Niagara are an insur- 
 mountable bar to the transportation of such 
 rude materials as the produce of the land.* As 
 the farmers about Detroit, therefore, will have 
 only their own settlement for the consumption 
 of their produce, such a confined market must j 
 greatly impede the progress of settlement and . X 
 cultivation for ages to come. Sir, as the \\; 
 greatest extent of the cultivable part of the pro- / 
 vince westward, may be estimated at 500 miles 
 distance from Quebec, the districts of Gaspe 
 and Chaleurs Bay are almost as far east of 
 that capital, being about 400 miles distance. 
 So that Quebec is nearly in the centre of the 
 cultivable part of the province, and when the 
 roads are properly made, which will be the 
 course in a few years, the distance of either of / 
 
 • Here, also, Mr. Lymburner would be surprised to find how realities 
 have outstripped his imagination. The progress (if the country be- 
 tween Niagara and Detroit, and, indeed, in all that western country, 
 has been wonderiul cince his day ; and the Falls of Niagara, far 
 from having been insurmountable, are actually overcome by the 
 Welland Canal. — But these remarks of Mr. L., are like spots in the 
 Sun, not blemishes — but subjects for our admiration. 
 
 h2 "^ 
 
 ' '■! ^^ 
 
 ! >' 
 
 t ■.,; 
 
 ilh 
 
 
i ' 
 
 r 
 
 90 
 
 1774 
 
 to 
 1791. 
 
 
 ! I 
 
 ^}\7' these places will not be considered as any 
 
 v^^.^ material objection. 
 
 '* This honorable house will likewise con- 
 sider that in such an extensive country it is 
 impossible to fix the residence of government, 
 or the seat of legislature and superior courts in 
 any place where some of the members of the 
 assembly, if they are residents of the districts 
 for which they are chosen, will not have a 
 great distance to travel ; and, therefore, 200 or 
 300 miles is not an object of consequence, 
 more particularly when it is considered that it 
 will be through the old setded part of the 
 country, where the roads are tolerably good, 
 accommodations convenient, and travelling ex- 
 peditious. Besides, it cannot be expected that 
 the new settlers will be for some time suffi- 
 ciently advanced in the cultivation of their 
 farms to find it convenient to be absent from 
 f \i their homes three or four months, for the ser- 
 
 nK vice of the public, either to meet the legislature 
 » in their own country or at Quebec ; and it is 
 more than probable that they would, for some 
 years at least, prefer choosing for their deputies 
 gentlemen residing in Quebec and Montreal, 
 who being connected with them in the line of 
 business will be sufficiently interested m the 
 prosperity of these countries to make them 
 attend to any thing that concerns the new 
 settlements. 
 
 " All the trade of these upper settlements 
 must, from their situation, depend on and 
 centre in Quebec and Montreal. The difficul- 
 
91 
 
 ^ 
 
 ties of communication in the mercantile line ^'^ap 
 are already very great, and require much per- ^^^^ 
 severance and industry to overcome them. — 1774 
 This intended division will naturally create ^^^yj 
 many more obstacles, and will immediately be 
 injurious to and eventually operate to the ruin 
 of both countries. 
 
 " Sir, it may likewise have been asserted in 
 favor of the division, that the loyalists in the 
 upper districts must have a code of laws for 
 landed property and inheritance different from 
 that of the lower districts, where the tenures 
 are all on the feudal system ; but that is an 
 argument which cannot have any great weight 
 with this honorable house. The union of Eng- 
 land and Scotland, under one legislature, / 
 shews that though two countries or districts <^\ 
 may have different laws to regulate and govern 'y 
 their courts of justice, one legislature may / ^ 
 be fully sufficient for all the purposes of legis- 
 lating for both, and can attend to the laws and 
 regulations or alterations that may become 
 necessary or convenient to either. I have not 
 heard that the people of Scotland have ever 
 complained that their interests have been neg- 
 lected by the british legislature, or that such 
 laws and alterations as have appeared neces- 
 sary, have been at any time refused. The 
 upper districts, therefore, can have no just 
 cause to be afraid of being included ns mem- 
 bers of the province of Quebec. 
 
 " There are, sir, between three or four thou- , 
 sand loyalists settled upon the banks of the / 
 
 
 
 ' -ill 
 
 I ■•■! 
 
 i M 
 
^T' 
 
 92 
 
 Chap, river Cataraqui and the north side of late 
 JJ^ Ontario, in detached settlements, many of them 
 1774 at a great distance from the others, besides 
 j^Jj those on Lake Erie and at Detroit. Civil 
 * government cannot have much influence over a 
 country so thinly inhabited, and where the peo- 
 ple are so much dispersed. During twenty 
 years that I have resided in that province, I do 
 not recollect a single instance of a highway 
 robbery ; and the farmers consider themselves 
 so secure that they often go to sleep without 
 bolting their doors. 
 
 " The crimes which have been brought be- 
 fore the criminal courts in the province have 
 been generally committed in the towns and 
 their vicinity, where the concourse of strangers 
 encourages vice and immorality, and where 
 idleness, drunkenness and dissipation lead to 
 quarrels, thefts, and sometimes, but very sel- 
 dom, to higher crimes. It will be evident, from 
 these facts, that a criminal judge will have very 
 little to do in these upper districts where there 
 are no towns, and where a stranger must at all 
 times be a desirable sight, 
 
 ** In the year 1788, lord Dorchester, in con- 
 sequence of an ordinance of the legislative 
 council, divided these upper settlements into 
 four districts or counties, and, for the conveni- 
 ence of the people, established a court of com- 
 mon pleas in each district, and appointed judges, 
 justices of the peace, and sheriffs for each ; 
 and these people, since that time, have had 
 / their courts regularly. How far it may be 
 
93 
 
 i 
 
 Chap. 
 III. 
 
 1774 
 
 to 
 
 1791. 
 
 proper to appoint a chief justice having juris 
 diction over the districts, to act as a criminal 
 judge when necessary, and with a lieutenant 
 governor, to carry into effect the powers and 
 orders of government, to form a court of errors 
 or appeal, to revise the proceedings of the 
 courts of common pleas, I shall not presume to 
 say ; but such an establishment cannot be any 
 impediment to the union of the country under \ 
 one legislature ; — and I beg leave humbly to 
 suggest for the consideration of this honorable 
 house whether a large society, from the variety 
 of contending interests which it includes, may 
 not be more easily managed and governed than 
 when it is divided into smaller and more com- / 
 pact bodies." — 
 
 How far Iilr. Lymburner's anticipations have 
 been realised let the events t.nswe". Any man 
 who is at all acquainted with the course of ' 
 public matters in Canada and its general his- 
 tory, for the last forty years, will not fail to 
 appreciate the wisdom and the foresight with 
 which he treated his subject before the repre- 
 sentatives of the kingdom. According to the bill, 
 the legislative council was to consist of coun- 
 cillors appointed for life by the king, and to 
 hereditary titles of honor his Majesty was 
 authorised to annex the right of being called 
 to this council ; in other words, to establish an 
 hereditary Canadian peerage or aristocracy. 
 On this Mr. Lymburner remarks : — 
 
 " By the bill now under the consideration of this 
 honorable house, it is proposed that the office of 
 
 
 i.f 
 
 - 'u 
 
 ■'?■** 
 
r~ 
 
 94 
 
 1 
 
 Chap, member of the legislative council may, at his 
 J" _ Majesty's pleasure, be made hereditary : that is, 
 "TttT to form a kind of nobiliiy or aristocratic body in 
 mi ^^^^ province. This, sir, is going further than 
 the people have desired, as this honorable 
 house will see by their petitions, for they have 
 therein only requested that the councillors 
 ^ should hold their places during their life and 
 * ^ residence in the province. This they consi- 
 f dered was all that was necessary for them to 
 ask, or that was proper and expedient for the 
 the present to grant them. The idea of here- 
 ditary councillors, like many other speculative 
 J opinions, has more of plausibility in it, than of 
 OJ real advantage. It is an expedient extremely 
 dangerous in any infant or young colony, but 
 4> it must appear absolutely ridiculous in the 
 province of Quebec, where there are so few- 
 landed estates of any considerable value, and 
 where, by the laws of inheritance, these estates 
 must, at every succession, be so much subdi- 
 vided. The laws of primogeniture, as follow^ed 
 in this kingdom, enable the representatives of 
 noble families to support the dignity and splen- 
 dor of their situations, and to live in that state 
 of independence which secures the proper 
 respect to their elevated rank, as hereditary 
 peers of the realm ; but, sir, the french laws 
 relating to succession and inheritance, which, 
 by this bill, are intended to regulate the landed 
 property of the lower part of the country, give 
 to the eldest son, on the death of the father, 
 only one half of those of his father's landed 
 
95 
 
 -^ 
 
 er^ates, which are held by what is called in thcchap. 
 French law noble tenure, that is, in fief and in- 
 selgneurie immediately from the crown. The"^ 
 other half of these estates is divided amongst 'to 
 the other children ; and the moveables as well ^^^' 
 as those landed estates which are held by grant 
 and concession from a subject, which are call- 
 ed base tenures, are equally divided among all 
 the children, male and fehiale. Therefore, as 
 there are very few gentlemen in that country 
 who possess estates of the first description, in 
 fief and seigneurie, which produce to them a 
 clear annual revenue of £500, sterling, this 
 honorable house must perceive the impropriety 
 of making any honorable posts in that country 
 hereditary. For these estates, from the mere 
 operation of laiv, independent of the impru- 
 dence of the possessors must, at every succes- 
 sion, be reduced to one-half; and, in two 
 generations, must inevitably sink into insignifi- 
 cance ; and the hereditary councillors, from 
 their poverty, become the objects of contempt 
 to the public. Sir, the amazing progress of 
 population in that country, points out :he little 
 probability of places becoming vacant for want 
 of heirs. It may, therefore, be found diflficult, 
 in a few years, to support the dignity of that 
 council by new creations, without increasing 
 the number of the members too much. 
 
 " It may, perhaps, be said, sir, that the fami- 
 lies of these hereditary councillors may be 
 supported in an independent situation, by intro- 
 ducing the laws of primogeniture into the 
 
 Vr-^ 
 
 
96 
 
 l> :.i 
 
 i^ 
 
 to 
 1791, 
 
 Chap, constitution of that country. I shall not attempt 
 '"• to discuss the advantages or disadvantages 
 J 774 which that law produces in this ' r.gdom ; but 
 I can, without any hesitation, i ..re this hono- 
 rable house that it would be extremely injurious 
 to that province. The french law, as followed 
 at present is, in that respect, much better 
 calculated for a young province, where it is of 
 great benefit and advantage to cultivation and 
 population, that landed property should be 
 divided and fluctuate and change its owners ; 
 and more particularly as some establishment is 
 necessary for the younger branches of families 
 in a country where there are no manufactures, 
 and where a young person, without fortune, 
 has few opportunities of setting out in life in a 
 respectable line. 
 
 *' But suppose the law of primogeniture 
 shall be established, and the estates of these 
 , ^ new created hereditary councillors thereby 
 I ^ secured undivided to the oldest son : suppose 
 [ J even that the estates now belonging to these 
 new councillors shall be entailed upon their 
 heir at law; all that would have very little 
 effect, and those estates would be far from 
 sufficient to support the dignity of hereditary 
 councillors, which, probably, would be consi- 
 dered the highest rank in that country. For, 
 poor as that country really is, in consequence 
 of the oppressive system of laws they have been 
 kept under, there are now among the mercan- 
 L tile gentlemen in the province, those whose 
 J moveable fortunes are perhaps equal, if not 
 
9' 
 
 A Chail 
 
 superior to any of the seigniorial estates, and^'j^j'j' 
 who, from the employment and support they ^ 
 give to thousands of the people, have infinitely 1774 
 more influence in the country than the seig- ,^, 
 neurs. For it would not be difficult to prove 
 to this honorable house that the seigneurs are 
 almost universally disliked by their tenants; 
 but this is a natural consequence of feudal 
 servitude when its strong support, a slavif'. 
 dependence on a great chief, is removed. 
 
 ** From these facts, I hope this honorable 
 house will see the impropriety, and I may say, 
 the danger of rendering the place of councillor 
 hereditary in that province. The country is 
 yet too young, and the people are too much 
 dispersed to admit of that refinement ; and the 
 fortunes are too small to support an estal lish- 
 ment of that kind,or a proper style of indepen- 
 dence. 
 
 " How far it may be proper and judicious, 
 if his Majesty should so incline, to confer here- 
 ditary honors on gentlemen of the greatest 
 property and influence in that country, by vvay 
 of attaching them more strongly to the interests 
 of government, it would be improper for me in 
 this place to discuss. But if such a plan is 
 considered expedient, these hereditary honors 
 ought to be independent of the place of coun- 
 cillor. These gentlemen may, at the same 
 time, be admitted of the council, and on the 
 demise of any of these honorable councillors, 
 the son who succeeds to his father's hereditary 
 honors may, if his Majesty pleases, be named 
 
 I 
 
 i: 
 
 I *J 
 
 i 
 
 ,4s =" M 
 
 
' \ 
 
 II. 
 
 1774 
 
 to 
 
 1791 
 
 98 
 
 > succeed to the vacant seat at the council 
 board ; for the place of councillor will ever be 
 considered as honorable in that country, unless 
 it is degraded by the insignificance and incon- 
 sequence of the members, which it is extreme- 
 ly probable will be the case, if the places are 
 made hereditary. For, supposing that the 
 councillors to be appointed in consequence of 
 this bill, should really be those who have the 
 greatest influence and possess tne greatest 
 fortunes in that country, this honorable house 
 must perceive, from the very small value of the 
 landed fortunes, that the only means of accu- 
 mulation must be by the operations of trade 
 and commerce ; and I think I may venture to 
 assert, that it is more than probable, in twenty 
 years, na; ,, perhaps in ten years, a new set of 
 men may come forward who may have acquir- 
 ed and realised fortunes much superior to any 
 now in that country ; and who, it is natural to 
 suppose, will possess a proportional degree of 
 political power and influence. 
 
 " I shall hope that these arguments are suffi- 
 ciently powerful to convince this honorable 
 house of the impropriety of making the place 
 of councillor hereditary ;* as it may, in a few- 
 years, greatly embarrass government, and be 
 the means of degrading the aristocratic branch 
 
 Lof the legislature, from their poverty or their 
 numbers, in the eyes of the public, which I 
 
 • The provision, however, was persisted in and became part of 
 the act, but was never, in any instance, acted upon in either of the 
 Canadas. 
 
99 
 
 submit as an object of very serious considera- j.j,j,,, 
 tion to this honorable house." il 
 
 Passing over a variety of other interesting 
 matter in Mr. Lymburner's discourse, the fol- to 
 lowing particularly deserves attention: — " I ''^' 
 likewise observe that the governor is to be 
 vested with the power of nominating and ^ 
 appointing, from time to time, the returning > 
 officer. Sir, this is placing the whole power in 
 the hands of the governor ; — he is to divide theAN^ , 
 province as he pleases, — he is to order the \ ^ 
 proportion of representatives as he pleases, — 
 and he is to have the power of naming whom 
 he pleases to act as returning officer. Sir, the ^ 
 freedom and independence of the legislature/s^ 
 is an object of the utmost importance to every y ^ 
 country ; and it has been one great cause of ^^^ ]Ji 
 complaint against the Quebec Act, that the \^^ 
 legislature was too much dependent upon the<> \k "" 
 governor. But, sir, I know that this honorable^v%\ 
 
 house will not place so much power in the v 
 
 " " " " ' '. ^£7 
 
 no responsibility. I know that this honorable ^^ 
 
 hands of any man, particularly where there is 
 
 house will make such provision as will save the 
 province from the dangerous consequence of 
 such unlimited power. Sir, the distribution of 
 the representation is an object of the greatest 
 importance to the province, and ought to be 
 settled, in a certain degree, by this honorable 
 house : I hope I may be excused for presum- 
 ing to say that there has been a radical defect 
 in the representation of all our american colo- i 
 nies. From the nature of the settlements, there 1 
 
 jf^it 
 
 i 
 
 
 :1 
 
 x% 
 
(TT^ 
 
 
 100 
 
 '1 
 
 o 
 
 91. 
 
 iap. are few towns in these colonies, and as these 
 " towns have had only their proportion of repre- 
 774 sentatives, the landed interest has always 
 been too prevalent, and has, at times, greatly 
 oppressed the cornmeice* and impeded the 
 operations of government. In this kingdom, 
 sir, of 558 members of which this honorable 
 house is composed, there are only 122 knights 
 or representatives of the landed interest. I do 
 not mean to enter on the discussion of the 
 propriety of that division, but I hope it will be 
 allowed that the towns ought to have such a 
 proportion of representatives as to preserve 
 the equilibrium between the two interests, 
 which is for the general benefit of both. * * 
 In the province of Quebec, sir, we have, in 
 fact, only three cities or tow^ns ; and if these 
 are to have only the proportion of representa- 
 tives which their numbt^rs bear to the general 
 population of the province, they will have a 
 very small representation ; indeed, not above a 
 seventh or eighth part. This is a considera- 
 tion worthy of the attention of this honorable 
 house, and I hope they will determine on and 
 setde the proportion of representatives for the 
 
 " Sir, it may, perhaps, be expected frim the 
 1 4th clause of our petitions, that in consequence 
 of our Demg allowed representatives in the 
 
 • And such proved to he the case in the assembly of Lower Canada, 
 in which, with the exception of the first parlianaent, the commercf ot 
 the country was never adequately re presented ; and such, also, hitherto 
 ha-s been Ine ca^e in the parliament of Umted Canada, swarming witJi 
 attornies. 
 
101 
 
 legislature, the province shall immediately raise chap! 
 the necessary funds for defraying the expenses "' 
 of the civil government. 1774 
 
 " I acknowledge that it is the intention of t^> 
 
 1741 
 
 my constituents that the province should sup- 
 port these expenses. I will say further, it is a 
 shame the province has not paid these expenses C^ 
 many years past ; — but there are situations ^ 
 when the impossibility of doing what is right ^ \ 
 and proper obliges an individual, or a pubHc, to ^^^ 
 stifle that keen sense of shame, and to expose . ^ 
 their inability to perform those duties which, of^ ^ 
 right, ought to be expected from them. ^ ^^^ 
 
 " Sir, that province has been so long op- 
 pressed by an arbitrary system of government, w 
 and the tyranny of uncertain and unknown laws ; T 
 — the country has been so much neglected ^. 
 and every object of industry and improvement ^y^^ 
 apparently discountenanced, as to be now ■vT' 
 reduced to such a state of langour and depres-^x 
 sion that it is unable to provide for the expenses ^j ^ 
 of its civil government. \ 
 
 " Sir, we may be reproached, perhaps, fori 
 our poverty ; nay, we have already been 
 reproached by some ungenerous minds with 
 our unhappy situation ; but it is a misfortune to 
 be poor, not a crime. Is it not a natural, if not 
 an infallible effect of arbitrary government ? — 
 Have not poverty and wretchedness ever been 
 the attendants of arbitrary power ? — Italy, 
 Sicily, Greece, Asia Minor, the coast of Bar- 
 bary, were rich, populous, and powerfql coun- 
 
 !)& 
 
 ^■;J1 
 
 -i 
 
 ■rn 
 
 I 2 
 
 
w^ 
 
 I 
 
 r 
 
 102 
 
 to 
 1791 
 
 cuai?. tries while they encouraged free governmentv\ 
 ^^ " Sir, to recite all the species of oppression 
 1774 which that country has suffered would encroach 
 too much on the indulo;ence of this hono- 
 rable house. We have been told that ignorance 
 and poverty were the best security for the 
 obedience of the subject ; and that those who 
 did not approve of these political principles 
 might leave the country. We have, however, 
 the happiness, sir, this evening, of seeing our 
 affairs submitted to the inspection and discus- 
 sion of this honorable house. But, sir, we have 
 had a long and painful struggle to arrive at this 
 desirable issue. We have had to encounter 
 numberless difficulties which the pride and 
 insolence of a set of men, whose minds were 
 corrupted by the exercise of despotic power, 
 have thrown in our way in every step we made, 
 and it is only by great perseverance that we 
 have been able to overcome these difficulties. 
 But during this long contest the country has 
 been exhausted, and we hope this honorable 
 house will exercise that tenderness and gene- 
 rosity towards us which our unfortunate situa- 
 tion requires. Such, sir, has been the unhappy 
 tendency of the government of that province, 
 that not only the people have been oppressed 
 and the resources of the country neglected ; 
 but almost every public building in the province 
 has been suffered to fall to decay and perish. 
 There is not a court house in the province, 
 nor a sufficient prison, nor a house of correc- 
 / tion : — there is not a public school house. In 
 
 i 
 
 hi 
 
 I! 
 
short, the country is reduced absolutely to achap. 
 state of nature. These are objects which will "^ 
 require the immediate attention of the nevvTrTT 
 legislature. Besides, a house must be prepared ^ 
 for the reception of the legislature — the travel- ^ ^| 
 ing expenses of many of the members must 
 probably be paid, and, perhaps, a daily pay 
 during the time of sitting. Taxes or duties 
 must be laid on the people to build the neces- 
 sary edifices ; and, to provide for these and 
 other purposes, which, added to what may be 
 necessary to be employed in bounties and pre- 
 miums to engage the farmers to change their 
 present miserable system of farming, and to 
 encourage the preparing of our produce in a K 
 better manner, to suit the different markets,/^' 
 will be as much as the province can possibly 
 raise for some years. 
 
 ** It may, perhaps, be said that Britain has! 
 been burthened alread}' too long with the ex- 
 penses of our civil government. Sir, I agree 
 that it has been too long the case, but it has 
 not been our fault. It might have been other- 
 wise many years ago, if our petitions had been 
 attended to. ***** * I therefore hope 
 this honorable house will either order the 
 necessary provision for the purposes I have men- 
 tioned, or release the province of the expenses 
 of the civil list for a certain number of yearc." 
 
 m 
 
 7 
 
 • This was complied with, it must be admitted, most liberally, at *• 
 least with respect to Lower Canada. It was not, as will l)e seen in 
 the sequel, until 1818, that the Tvssembly of this province was called 
 upon, pursuant to their volun^ary offer in 1810, to vote the necesjary 
 exjienses of the civil government. 
 
 m 
 
 *■ 
 
 t*i 
 
104 
 
 Chap. Mr. Lymburner again resuming the subject 
 "I- of the intended division of the province into 
 ^^ two, observes : — " It is a rule, I believe, univer- 
 to sally followed in common life, when the alter- 
 *^^^* native of two difficulties is given, always to 
 choose that which is likely to produce the 
 least evil ; and, I presume, the same rule may 
 be adopted with advantage in politics. We 
 trust, therefore, that in arranging the new con- 
 stitution, this honorable house will save us from 
 the troubles and difficulties that must result 
 from the plan proposed in the bill, for, under 
 a new constitution, it will evidently require 
 some time not only to make the people fully 
 acquainted with the great advantages of a free 
 constitution, but also to make them fully com- 
 prehend all the duties which a free government 
 requires of the subjects, and as this honorable 
 house must perceive,the great danger of dividing 
 the province and of disuniting the people at 
 such a critical period. 
 
 " Sir, I have considered the subject a thou- 
 sand times since 1 first heard of this intended 
 division, but have not been able to form any 
 reasonable idea of the motive which has induc- 
 ed the proposition of such a dangerous experi- 
 ment. If I should admit, what I do not believe 
 is the case, that the loyalists settled in the 
 upper parts of the province have generally 
 requested this separation, I know that the wis- 
 dom of this house, before complying with the 
 wild request of a people, will consider it as 
 necessary to enquire into the reasons which 
 
105 
 
 1771 
 
 17:^1. 
 
 may have engaged them to prefer such peti-chap 
 tions ; for a people may be deceived in political ^}^ 
 plans by the specious pretences of designing 
 individuals. Instances of this are, perhaps, 
 within the recollection of every member of this 
 honorable house. When the loyalists began 
 their settlements in the year 1785, the lands 
 were then entirely covered with woods, they 
 had then to c'ear the lands and build themselves 
 houses, and on that account government gene- 
 rally assisted them, by furnishing them provi- 
 sions and many other articles necessary for a 
 new settlement ; and though I will allow that 
 they have, for the time, made great progress, 
 yet 1 may safely assure this honorable house, 
 that before last year, their farms had not fur- 
 nished them with more than a bare subsistence, 
 and if it had not been for the compensation 
 which they, with many others, received from 
 the generosity of this nation, many of them 
 must have been at this period in great distress. 
 Can it be supposed then, that a people dis- 
 persed as they are, and whose minds have thus 
 far been entirely occupied in procuring the 
 means of subsistence, have had time to consi- 
 der of iheir political situation, or that they have 
 been able to procure sufficient information on 
 the consequences of such a separation as would 
 justify such a request to the british legislature ? 
 " Will any person assure this honorable 
 house that the loyalists settled in the district of 
 Lunenburgh, which joins the district of Mont- 
 real, have advised and consulted with those 
 
 i, ' 
 
 
 i I 
 
1791 
 
 106 
 
 Chap, who are settled at Niagara or Detroit, on the 
 "^ propriety of this measure ? I am confident, sir, 
 
 "TttI that no person will assert any such thing ; for, 
 to^ I believe I may truly say, that few of the people 
 of these different settlements have ever seen 
 one another since they began their settlements 
 except, perhaps, in passing to Montreal. 
 
 " What kind of government must that upper 
 part of the country form ? It will be the very 
 mockery of a province, three or four thousand 
 families* scattered over a country some hund- 
 red miles in length, not having a single town, 
 and scarcely a village in the whole extent ; it 
 is only making weakness more feeble, and 
 dividing the strength of the province to no pur- 
 pose. Sir, a measure of this importance ought 
 not to be adopted on the suggestion of one or 
 a few individuals. The happiness, tranquillity 
 and security of every part of the province is 
 involved in its consequences, and I cannot 
 doubt that the british legislature will attend to 
 the interests of the people of every part of the 
 province. But will it l3e said that the people 
 inhabiting the province of Quebec have been 
 consulted on this grand question ? Will any 
 one assure this honorable house that this pro- 
 posed division has been approved of by the 
 inhabitants of that province ? or that they have 
 by their petitions, requested it ? If any such 
 petitions shall be laid before this honorable 
 
 * A census of the province of Quebec was taken in 1790. which 
 
 made the population anaount to 224,466 — (Mr. Snnith's history) — Mr. 
 
 Pitt stated in debate on the Quebec Act, that the population of Upper 
 
 Canada did not exceed 10,000, including men, women and children. 
 
 I 
 
on the 
 nt, sir, 
 g; for, 
 people 
 er seen 
 ements 
 
 t upper 
 le very 
 ousand 
 J hund- 
 e town, 
 ent ; it 
 ie, and 
 no pur- 
 e ought 
 1 one or 
 quillity 
 l/ince is 
 cannot 
 tend to 
 of the 
 people 
 e been 
 ^ill any 
 lis pro- 
 by the 
 »y have 
 y such 
 orable 
 
 ^0. which 
 |)ry) — Mr. 
 [of Upper 
 
 children. 
 
 I 
 
 107 
 
 house, I hope the honorable members willchap 
 consider not only the apparent motive and ten- "^• 
 dency of the request, but likewise the respon- ^^ 
 sibility, influence, and numbers of the peii- nyi. 
 tioners. Sir, if I recollect right, it was said at 
 passing the Quebec Act, in 1774, that the 
 french people had petitioned for the introduc- 
 tion of the french laws and system of govern- 
 ment into that province. The names of the 
 french inhabitants had, of course, great influ- 
 ence on the deliberations of parliament, as. 
 at that time, they formed, perhaps, nineteen 
 twentieths of the population of the province. 
 But, sir, if these petitions had been submitted 
 to parliament, it w'ould have appeared, so far 
 from comprehending the whole french people, 
 that they were signed by a very small number 
 of them, only about 100 ; and that even among ^ 
 these w^ere many very insignificant names. 
 
 *****" Sir, when w^e proposed that 
 the province should, as soon as her affairs are 
 brought into some kind of order, raise the 
 necessary supplies for defraying the expenses 
 of its civil government, we considered it a duty 
 we owed to the empire to relieve Great Britain 
 of that charge ; but, if the province is divided 
 as proposed in this bill, it will most effectually 
 destroy our hopes and good intentions in that 
 respect ; for, although I have no doubt that the 
 united province will, in a short time, be able 
 to raise sufficient to relieve Great Britain of 
 the expenses of our civil government, I can, 
 without hesitation, assure this honorable house, 
 
 ••I 
 
 ;|i I 
 
 !'«; 
 
 % 
 
 f I ; 
 
 "^ 
 

 i^i't 
 
 108 
 
 Chap, that it will be absolutely impossible for them 
 '" to raise sufficient to support two governments. 
 '^7^' " Sir, though it may be necessary, for the 
 •791. convenience of the people, with regard to the 
 distribution of justice, to divide an extensive 
 country into small districts, I hopQ I shall be 
 excused for saying that I think it must be dan- 
 gerous to the tranquillity of government to 
 divide it in that manner for the purposes of 
 lemslation. ^ 
 
 " If at any future period, experience should 
 point it out as expedient for the advantage and 
 safety of government, or for the general conve- 
 nience and prosperity of the people, to divide 
 that country, it may then be done with more 
 judgment, from a more certain knowledge of 
 the consequences of such division. Th? incon- 
 veniences that may arise from continuing the 
 province united under one legislature are few, 
 and they are well known and understood. The 
 ^ advantages are unanimity, mutual support, and 
 strength ; but no man can tell the dangers of 
 a separation. The dangers, however, to be 
 apprehended are political weakness, disunion, 
 animosities and quarrels, 
 
 ****** What they (the inhabitants of 
 the province) want is expressed in their peti- 
 tions now on the table of this honorable house, 
 and it is nothing more than the principles of 
 the english constitution. The articles are plain 
 and simple and easily understood, and what, 
 as far as my judgment in politics will go, may 
 be granted without injury to any class of people 
 
109 
 
 1774 
 
 to 
 1791. 
 
 in the province, or the interest of Great Britain, chap 
 as they are nearly similar to the constitution of J^ 
 the other colonies and provinces of the empire. 
 
 *' They pray, sir, that the Quebec Act may 
 be repealed in toto, as being too imperfect a 
 system to serve as a foundation and secure the 
 tranquillity and permanency of the new govern- 
 ment, and they have taken the liberty of stating 
 in a few concise and very clear propositions 
 or articles, those laws or principles of laws 
 which they wish may be made fundamental 
 parts of that new constitution. 
 
 *' They pray that a triennial house of assem- 
 bly or representatives of the people may be 
 a constituent part of the legislature, with a free 
 admission therein of roman catholics. 
 
 " That a council appointed by the king be 
 another constituent part thereof, consisting 
 of a limited number ; and that the members 
 hold their places for life, residence in the pro- 
 vince, and good behaviour. 
 
 " The laws which they wish to be funda- 
 mental are, — the criminal laws of England for 
 the whole province — the commercial laws and 
 customs of England for the whole province — 
 the Habeas Corpus act 31. Charles II., and the 
 other acts relating to personal liberty for the 
 whole province — the ancient laws and customs 
 of Canada respecting landed estates, marriage 
 setdements, inheritance and dower, for the 
 districts of Quebec, Montreal and Three Rivers 
 as at present bounded, with a reservation that 
 proprietors may alienate by will — the common 
 
 !iil 
 
 .. !* 
 
 ' i 
 
 
 ; ( , 
 
no 
 
 ^^ 
 
 1?';, 
 
 Hi I! 
 
 Chap. law of England for the districts of Lunenburg, 
 "^ Mecklenburg, Nassau, Hesse * and Gasp6. 
 
 1774 
 
 to 
 1791 
 
 (( 
 
 That optional juries may be granted in 
 civil cases, on the same footing as in England, 
 except that nine jurors out of twelve may be 
 sufficient to establish a verdict. 
 
 *' That the sheriffs, which is an office of 
 great trust and responsibility, may be struck 
 annually, by the governor, from a list presented 
 by the assembly. 
 
 " That the judges may not be subject to 
 suspension or removal by the governor. 
 
 " That offices of trust may be executed by 
 the principal in the appointment. — These are 
 the principal articles which they propose for 
 their new constitution. 
 
 *****" Sir, I consider it as absolutely 
 ..ecessary that the british parliament should 
 establish the great outlines of our constitution ; 
 — that they should point out clearly those prin- 
 ciples of law which are to direct and govern 
 the legislature of the province in their future 
 deliberations. If that is done, the parties will 
 more easily approach and assimilate together, 
 and mutually accommodate one another in such 
 paits of either of the systems as require sof- 
 tening or modifying. 
 
 " There are among both the english and 
 french inhabitants who are proprietors of lands 
 held under the feudal grants ; — there are of 
 both who are married and have families ; — and 
 
 * These four districts were in that part of the province of Quebec, 
 which subsequently constituted Upper Canada. '*'''' 
 
Ill 
 
 1774 
 
 t*> 
 17J*I 
 
 in 
 
 there are of both who have personal dealings ^hap 
 and transactions. The old laws, therefore, "' 
 which are requisite for these purposes, are 
 necessary to, and must be desired by both. 
 But, sir, the whole trade and commerce is in 
 the hands of, and depends on the english. It 
 is, therefore, extremely necessary for them to 
 have laws fitted and applicable lo the nature of 
 commercial dealings and transactions. As the 
 french Canadians are not much engaged in these 
 pursuits, they cannot be much acquainted with 
 its operations, and may not feel the anxiety 
 and trouble which the want of proper laws 
 occasions to the mercantile body. It is only 
 from its trade that the province can be useful 
 or in any wise of importance to this kingdom, 
 and on that account it is the more necessary to 
 establish such laws as will promote and increase 
 it. We, therefore, hope, that parliament will 
 repeal the whole of the old system, and in the 
 new constitution, give us those parts of the 
 english and french laws which we have pointed 
 out as necessary to us. 
 
 ******* I likewise beg leave to submit 
 to this honorable house, if it would not be pro- 
 per to insert in the clauses concerning future 
 grants of land, a power to authorise his Majesty, 
 with the consent and advice of the legislature 
 of the province, to change the tenuVe of the 
 lands granted and now held under the feudal 
 tenure, when requested so to do, by petitions 
 from the proprietors for that purpose. I mean 
 that the government should, upon petition, 
 
 II 
 
 ii 
 
 I 
 
 
 
ip i _,iii iiwi 
 
 ^l 
 
 112 
 
 Chap, acceptor the surrender of the old feudal grants, 
 J^ and ret,rant the same to the proprietor in free 
 1774 and common soccage. This being optional and 
 j^^^j not compulsory, cannot meet with any opposi- 
 tion ; and, in a short time, might be happily 
 assistant in anglifying the colony, as it would, 
 by degrees, remove that detestable badge — 
 vassalage. 
 
 ** I have now fully stated the defects of the 
 bill, as it at present stands. My objections go 
 principally against the following clauses : — 
 
 " The establishment of two independent 
 legislatures in the province. 
 V " The making the place of councillor here- 
 ditary and not limiting the number of coun- 
 cillors. 
 
 ' " The small number of representatives in- 
 tended for the assembly,* and making the dura- 
 tion of the assembly septennial. 
 
 " The continuing of the laws, statutes and 
 ordinances now in force, cr supposed to be in 
 force in the province generally. 
 
 " The investing the governor with the power 
 of dividing the province into districts, for the 
 purpose of representation, and appointing the 
 returning officer, from time to time, and fixing 
 the places of meeting of the legislature. 
 
 " The claiming of tythes from the distant 
 protestant settlers, and not setding the rate. 
 The requiring appeals from the province 
 
 (( 
 
 » The number originally intended was 30, but this was altered, the 
 bill fixing the number to at least 50 for Lower Canada. 
 
113 
 
 as altered, the 
 
 to 
 1791 
 
 to go before the kin^ in council, in their pro-chap 
 gress to his Majesty in parliament. "^ 
 
 " The additions we wish to the bill I have TnT 
 stated before." 
 
 The reader will perceive, in the nexi chap- 
 ter, that the bill, before it became law, under- 
 went accordingly, various alterations. 
 
 " Sir, we know that a free government will 
 not act like a charm and produce wonders. 
 We are sensible that it will occasion some 
 trouble in the first years, till the people get 
 accustomed to its operations. We do not 
 expect that every thing is to prosper and flou- 
 rish immediately on its establishment ; but we 
 hope and expect that, in a few years, its bene- 
 ficial consequences will be felt by the people 
 and become evident to the observation of 
 government ; ihat the new legislature may be 
 able to rouse the people from their present 
 inactive state, and by bounties and encourage- 
 ments, stimulate them to industry, enterprise 
 and invention. 
 
 " Such are the hopes we entertain of the 
 advantages which the united province may 
 derive from a liberal constitution, and it will 
 be our chief glory to convince the british nation 
 that the province of Quebec is and ought to be 
 considered as a valuable appendage to the 
 empire. 
 
 ** But, sir, if the province is to be divided 
 and the old system of laws continued ; — if it is 
 expected that either part of the province, sepa- 
 rated as proposed in the bill shall, in its present 
 
 k2 
 
 'va 
 
 • 
 
 r .1 
 
 
 H] 
 
114 
 
 Chap, exhausted and impoverished state, raise the 
 ^^^- supplies for supporting the whole expenses of 
 
 m 
 
 1 
 
 to 
 1791 
 
 ill 
 
 774 government — it will be reducing the province 
 to a situation as bad as the children of Isreal 
 in Egypt, when they were required to make 
 bricks without straw. — The people will see 
 that the apparent freedom held out by the new 
 system is delusive, and the new constitution 
 will complete that ruin which the former per- 
 nicious system had left unfinished." 
 
 These copious extracts from Mr. Lymbur- 
 ner's* address, will give the reader a tolerable 
 idea of the state of the province at that time, 
 and of the opinion which the british inhabitants 
 of the colony, whom that gentleman represented, 
 entertained of it, and better, perhaps, than could 
 be gleaned from the journals of the day, and 
 pamphlets which, from time to time, at 
 the period from which we are starting, or 
 since, have made their appearance on Canadian 
 affairs. It is scarcely necessary to observe 
 
 * This well-informed and highly respectable man lived long enough 
 to see several of his predictions verified. The following notice of his* 
 decease is taken from a Montreal paper of March 1836: — " The late 
 Adam Lymburner, Esq., died at his residence in Bernard street, Rus- 
 sel square, London, on Sunday the 10th day of January last, at the 
 advanced age of 90. His remains were interred at St. George's 
 church, Bloomsbury ; and at his particular request laid alongside oi 
 his friend the late Alexander Auldjo, Esq. , formerly of this city. Mr. L. 
 came to this country upwards of 60 years ago. In 1776 he succeeded 
 to the business of his brother, the late John Lymburner, Esq., who 
 sailed from Quebec in the fall of 1775, and the vessel with all on board 
 was lost on the passage. Mr. L. was a native of Kilmarnock, Ayr- 
 shire. He was for many years a member of the executive council oj 
 this province, and was called to the bar of the house of commons to 
 give evidence regarding Canada affairs, where he strongly opposed 
 
 the separation of the two provinces." Quebec Mercwy, \Oth 
 
 March, 1836. 
 
115 
 
 that the government was not to be turned from q^ 
 its purpose, and that the province of Quebec, ni. 
 was accordingly divided, and the two provinces "^ 
 of Upper and Lower Canada erected in its to 
 stead, which, after remaining distinct provinces *^^* 
 during fifty years, are now reunited since 1841, 
 inclusively, by act of parliament. 
 
 it is to notice and put on record, for the 
 perusal of the general reader of our own 
 day, and for that of the future historian of 
 America, the principal political and other 
 interesting matters that have characterised the 
 existence and career of Lower Canada, as a 
 british province of foreign origin, and enjoying 
 ? constitution like that of the neighbouring 
 province, modelled, as far as circumstances 
 would admit, after that of Great Britain, and 
 under the same cha r, that the present is 
 intended, and that they may judge how far the . 
 reunion that has taken place of the two pro- 
 vinces may have been necessary and called for. 
 As to the results, be they beneficial or the 
 reverse, time alone can truly develope them. 
 — The work will be one of some toil, but 
 as concise as may be consistent with a clear 
 understanding of the various subjects neces- 
 sarily introduced, yet we entertain a hope 
 of getting through it, and to survive ihe accom- 
 plishment, however laborious it may be. 
 
 \^l 
 
 
116 
 
 CHAPTER IV. 
 
 The governor in chief, lord Dorchester, embarks for Eng- 
 land, on leave of absence — The lieut.-governor, Alured 
 Clarke, Esquire, assumes the government — Arrival of his 
 royal highness prince Edward, commanding 7th royal 
 fusiliers, from Gibraltar — The constitutional act and its 
 principal provisions — commences 26th December, 1791 
 — Lower Canada divided, by proclamation, of 7th May, 
 1792, into counties, cities, and towns — general elections 
 —representatives chosen — provincial parliament convok- 
 ed — meets at Q,uebec,17lh December — govs* nor's speech, 
 and proceedings of the assembly — mail communications 
 at this period between the province and England, &c. 
 
 Chap 
 IV. 
 
 The governor in chief, lord Dorchester, 
 
 embarked at Quebec, for England, on the 17th 
 
 1791. August, on board H. M. ship Alligator, and 
 sailed on the following day, leaving the govern- 
 ment in the hands of major-general Alured 
 Clarke,who, by proclamation, accordingly gave 
 notice that it had devolved on him, in conse- 
 quence of the absence of lord Dorchester, by 
 leave of his Majesty. His lordship received, 
 on the eve of his departure, several warm and 
 very flattering addresses expressive of the res- 
 pect entertained for him by all classes. 
 
 His royal highness prince Edward, command- 
 ing the 7th, or royal fusiliers, arrived with his 
 regiment, from Gibraltar, in H. M. ships Ulysses 
 and Resistp.nce, at Quebec, on the 12th August. 
 The arrival of his royal highness, (fourth son of 
 
117 
 
 the king, and father of her Majesty our present cimp 
 most gracious sovereign) at this period, seemed ^^ 
 auspicious, and was hailed by the citizens of n^i 
 Quebec, who, after receiving him with great 
 demonstrations of respect waited upon him 
 with an address, for which, in suitable terms, 
 he returned them his grateful acknowledgments. 
 His royal highness became popular and a great 
 favorite with the inhabitants of this city, as 
 generally he was wherever he sojourned, resid- 
 ing among them on the best of terms, and never 
 so happy as when contributing, in some shape 
 or other, to their festivity, their comfort, their 
 assistance or relief. — He seemed to be acquaint- 
 ed with every body of respectability, and every 
 body knew, esteemed, and loved The Prince,* 
 who, young, active, and vigorous, was ever, 
 
 * The following anecdote is related of his royal highness : — 
 " At Charlesbourg, on closing the poll of the county election on I 
 Wednesday last the 27th of June, a riot, at taking down the place oi 
 the hustings, was upon the point of bursting out into open violence. 
 The instant Phince Edward discovered the exasperated crowd, he 
 came up and took a position to be seen by allf and gave the command 
 for silence. 
 
 " Can there be (said his royal highness in pure french, and with a 
 tone of affection and authority) a man among you that does not take 
 the king to be father of his people 1" 
 
 His words were answered with huzzas and cheers of God save the 
 fcing. 
 
 ** Is there a man among you (added the Prince) that does not look 
 upon the ZVev? Constitution as the best possible one, both for the sub- 
 ject and the government 1" 
 
 The huzzas were repeated. 
 
 " Part then in peace, (concluded his royal highness) I urge you u> 
 unanimity and concord. Let me hear no more of the odious distinction 
 EnffUsh and French. Your are all his britannic Majesty's Canadian , 
 subjects." 
 
 The tumult ceased, menace^ rage and fury, gave place to languag*^ 
 ot admiration and applause. 
 
 May the laconic and effectual oratory of Prince Edward, and the 
 wisdom of his council, be universally attended to and everlastingly 
 remembered. Quebec Gazette, bth July, 1792. 
 
 i,hi 't 
 
 
 ■i ~fl 
 
 il -iv 
 
 ft- I;-'! 
 
 f m 
 
If 
 
 0. 
 
 118 
 
 Chap, without sparing himself, foremost at the head 
 J^of his gallant men, in lending a hand at 
 1791. subduing fires that accidentally, day or night, 
 broke out in the city, or on any other emer- 
 gency in which he could do a good turn to the 
 citizens. The discipline of his regiment was 
 strict and severe ; but his royal highness libe- 
 rally patronised merit, never losing sight of the 
 individual, however humble or obscure his 
 station or birth, whom he found deserving 
 of his confidence and once took by the hand. 
 Remarkably temperate in his habits and regular 
 in business, he patronised these qualities, par- 
 ticularly in those serving under him, and to all 
 in whom he found such, the path to promotion 
 and to honor was laid open through his influ- 
 . ence, and their attainment depended but upon 
 themselves. The patronage of his royal high- 
 ness was, in itself, a proof of merit, none 
 obtaining but such as were ascertained to be 
 deserving of it, and of which, when he could, 
 he invariably made himself the judge. ** 
 
 The constitutional act repealed so much of 
 the Quebec act as related to the appointment 
 of a council for the aftairs of the province of 
 Quebec, and the powers given to it to make 
 ordinances for the government thereof. 
 
 His Majesty's message expressive of his 
 intention to divide the province of Quebec into 
 » two separate provinces, as previously noticed, 
 to be called Upper Canada and Lower Canada, 
 being recited, it was enacted that a legislative 
 council and assembly should be established in 
 
119 
 
 e head 
 iind at 
 night, 
 emer- 
 i to the 
 mt was 
 ss libe- 
 t of the 
 ire his 
 serving 
 3 hand, 
 regular 
 s, par- 
 d to all 
 miotion 
 s influ- 
 Jt upon 
 1 high- 
 , none 
 d to be 
 could, 
 
 luch of 
 
 ntment 
 
 ince of 
 
 make 
 
 of his 
 \ec into 
 oiiced, 
 anada, 
 islative 
 ;hed in 
 
 each province, with power to make laws for the chap. 
 peace, welfare, and good government thereof. ^^' 
 
 The members of the legislative council were ,71,1 
 to be appointed by the king for life, and in 
 Upper Canada to consist of not fewer than 
 sevejiy and in Lower Canada not fewer than 
 fifteen persons. No person not being of the 
 full age of twenty-one years, and a natural born 
 subject of his Majesty- or naturalised by act of 
 the british parliament, or a subject of his Ma- 
 jesty by the conquest and cession of Canada, 
 could be appointed tc it. His Majesty was 
 authorised to annex to hereditary titles of honor, 
 the right of being summoned to the legislative 
 council in either province. 
 
 The governor had the right of appointing a 
 speaker to the legislative council. Each pro- 
 vince was to be divided into districts or coun- . 
 ties, or cities, or towns, or townships, which 
 were to return representatives to the assem- 
 blies, the governor fixing the limits of such 
 districts and the number of representatives to 
 be returned to each. The whole number of 
 members of the assembly in Upper Canada 
 was to be not less than sixteen, and in Lower 
 Canada not less than fifty, and to be chosen by 
 a majority of votes. The county members were 
 to be elected by owners of land in freehold or 
 in fief or roture, to the value of forty shillings 
 sterling a year, over and above all rents and 
 charges payable out of or in respect of the 
 same. Members for the towns or townships 
 were eligible by persons having a dwelling- 
 
120 
 
 Chap, house and lot of ground therein of the yearly 
 'V value of five pounds sterling or upwards, or who 
 
 "^^ having resided in the town for twelve rjalendar 
 months, next beforf: date of the writ of election, 
 shall bond fide have paid one year's rent for 
 the dwelling-house in which he shall have 
 resided, at the rate of ten pounds sterling per 
 annum, or upwards. 
 
 No person being a legislative councillor or a 
 clergyman of the church of England or Rome, 
 or a teacher of any other religious profession, 
 was eligible to the house of assembly in either 
 province, nor was any person under lawful age, 
 to vote at any election of a member to serve in 
 the assembly, nor eligible thereto ; nor was any 
 person eligible as such v^ho was not a natural 
 born subject, or naturalised as aforesaid, or a 
 subject of his Majesty by the conquest. 
 
 Power was given the governor to fix the 
 times and places of holding the first and every 
 other session of the legislative council and 
 assembly in each province, giving due notice 
 thereof, and to prorogue the same from time to 
 time, and dissolve it whenever he deemed such 
 expedient. They were to be convoked once 
 at least, m every twelve months, and each 
 assembly was to continue four years from the 
 day of the return of the writs for choosing the 
 members ; subject, however, to be sooner pro- 
 rogued and dissolved, at the pleasure of the 
 governor. 
 
 The governor was authorised to give or 
 . withhold his Majesty's assent to ail bills, passed 
 
121 
 
 e yearly 
 s, or who 
 ^.alendar 
 election, 
 rent for 
 all have 
 rling per 
 
 ;illor or a 
 DF Rome, 
 rofession, 
 in either 
 wful age, 
 ) serve in 
 • was any 
 a natural 
 aid, or a 
 ;t. 
 
 fix the 
 ind every 
 mcil and 
 le notice 
 m time to 
 med such 
 ted once 
 and each 
 from the 
 osing the 
 oner pro- 
 re of the 
 
 give or 
 Is, passed 
 
 by the two branches, and to reserve such as he chap 
 might think fit, for the signification of his Ma- ^^ 
 jesty's pleasure thereupon. Copies of all bills 1791 
 he might assent to, were also to be forwarded 
 to the secretary of state ; and his Majesty might, 
 at any time within two years after receipt by 
 the secretary, disallow Uiem if he thought fit. 
 
 Bills reserved by the governor for his Ma- 
 jesty's pleasure, were not to have effect till 
 sanctioned and notice thereof given by message 
 to the two houses of the provincial parliament, 
 or by proclamation ; nor could the royal assent 
 to bills so reserved be given, unless within two 
 years next after the day when presented to the 
 governor for the royal assent. 
 
 All laws, statutes and ordinances in force in 
 either province, except as repealed or altered 
 by that act, were to remain in force, as they 
 might be at the time of its coming into ^ 
 operation. 
 
 The governor and executive council, which, 
 by an ordinance of the province of Quebec, 
 had been constituted a court of appeals, were, 
 in each province, to continue so ; liable, how- 
 ever, to such other provisions as might be 
 deemed necessary by the new legislatures. 
 
 It was enacted lliat an allotment of crown 
 lands, in each province, should be made for the 
 support and maintenance of a protestant clergy 
 within the same, and such allotment was to be 
 as nearly as circumstances and the nature of 
 the case would permit, equal in value to a 
 
 h ^ 
 
 ! II 
 
 ^1 
 
 • t'^'^'iti- 
 
122 
 
 Chap seventh part of the lands granted, and to be 
 
 J^ granted. This provision of the act became, 
 
 1791. and, indeed, still is a source of much agitation 
 
 and discord in Canada. Far better for it had 
 
 it been, if such enactment had never taken 
 
 place. 
 
 Hjs Majesty was authorised to empower the 
 governors in each province, to erect parsonages 
 and endow them, and to present incumbents 
 or ministers of the church of England, subject 
 and liable to all rights of institution and all 
 other spiritual and ecclesiastical jurisdiction 
 and authority, lawfully granted to the bishop of 
 Nova Scotia. 
 
 Power was given to the provincial legisla- 
 tures to vary and repeal the provisions relating 
 to such allotments for the support of a protes- 
 tant clergy, parsonages and rectories, and pre- 
 sentation of incumbents or ministers ; but it 
 was provided that no bills in this behalf were 
 to be assented to by his Majesty, until thirty 
 days after they had been laid before both 
 houses of the imperial parliament, nor was his 
 Majesty to assent to any such bill in case of an 
 address from either of the houses during that 
 period, requesting him to withhold the royal 
 assent from it. The intent of these privileges 
 was to preserve the rights and interests of 
 the established church of England in both 
 provinces fron invasion by their respective 
 legislatures. 
 
 All lands to be thereafter granted in Upper 
 Canada, were to be in free and common soc- 
 
id to be 
 3ecame, 
 igitation 
 * it had 
 r taken 
 
 iwer the 
 sonages 
 Limbents 
 subject 
 and all 
 sdiction 
 ishop of 
 
 legisla- 
 
 relating 
 
 L protes- 
 
 nd pre- 
 
 ; but it 
 
 ilf were 
 
 il thirty 
 
 re both 
 
 was his 
 
 se of an 
 
 'ing that 
 
 he royal 
 
 'ivileges 
 
 rests of 
 
 in both 
 
 spective 
 
 Upper 
 Don soc- 
 
 123 
 
 cage, and so also in Lower Canada, when thechap. 
 grantee required ii. *^' 
 
 The british parliament reserved to itself the ^^^ 
 right of providing regulations or prohibitions, 
 imposing, levying, and collecting duties, for the 
 regulation of navigation, or for the regulation 
 of commerce, to be carried on between the 
 said two provinces, or between either of them, 
 and any other part of his Majesty's dominions, 
 or any foreign country, or for appointing an(l 
 directing the payment of duties so imposed ; 
 leaving, however, the exclusive appropriation 
 of all monies so levied, in either province, to 
 the legislature thereof, and applicable to such 
 public uses therein, as it might think fit to 
 apply them. 
 
 The governor, pursuant to the king's instruc- 
 tions, was to fix upon and declare the day 
 when the act should commence, which was not 
 to be later than the 31st December, 1791 ; nor 
 was the calling together of the legislative 
 council and assembly, in each province, to be 
 later than the 31st December, 1792. 
 
 The above are the principal provisions in 
 the act which conferred a constitution upon 
 the new provinces of Upper and Lower Ca- 
 nada, respectively, or as much of them at least 
 as it is necessary to quote. By a proclamation 
 dated at the Castle of St. Louis, Quebec, 18th ;, 
 November, 1791, of his excellency the lieute- 
 nant governor Alured Clarke, Esquire, it was 
 declared that the act should commence within 
 the said provinces of Upper and Lower Canada, 
 
124 
 
 Chap respectively, on the 26th December, 1791. — 
 ^^ The proclamation issued on the occasion stat- 
 J^^ ed, that by an order of the king in council, in 
 August previous, the two provinces were sepa- 
 rated by a division line " commencing at a stone 
 boundary on the north bank of the lake St. 
 Francis, at the cove west of the Point au 
 Baudetf in the limit between the township of 
 Lancaster and seigniory of new Longueuil, 
 running along the said limit in the direction 
 of north thirty-four degrees west to the wes- 
 ternmost angle of the said seigneurie of new 
 Longueuil, ihence along the north-west boun- 
 dary of the seigneurie of Vaudreuil, running 
 north 25 degrees east, until it strikes the 
 Ottawa river, to ascend the said river into 
 lake Tomiscanning, 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." 
 
 The day was celebrated at Quebec by a 
 public dinner, numerously attended by citizens 
 of all classes and denominations, enlivened by 
 the Prince's band of music, and by a splendid 
 illumination of the cHy in the evening, — all 
 were agreed (remarks the Gazette) that dis- 
 tinctions between old and 7ieto subjects should 
 henceforward cease, and that they should be 
 united in one body — as the only means of pro- 
 moting the happiness and prosperity of the 
 
li) 
 
 1791.— 
 
 on stat- 
 incil, in 
 re sepa- 
 : a stone 
 ake St. 
 Point an 
 nship of 
 ngueuil, 
 lirection 
 be wes- 
 
 of new 
 St boun- 
 
 running 
 kes the 
 ver into 
 3 of the 
 'th until 
 n's Bay, 
 irestward 
 utmost 
 ailed or 
 
 Dec by a 
 citizens 
 ^ened by 
 splendid 
 ing,— all 
 that dis- 
 s should 
 lould be 
 s of pro- 
 of the 
 
 Chap. 
 IV. 
 
 125 
 
 whole. A " constitutional club" was formed by 
 the gentlemen (upwards one hundred and sixty) 
 who had dined together on the occasion.* ,79, 
 
 By a subsequent proclamation dated at the 
 Castle of St. Lewis, Quebec, 7th May, 1792, 
 Lower Canada was divided into counties, cities 
 and towns, and the limits of each defined. The 
 counties were — Gasp6, Cornwallis, Devon, 
 Hertford, Dorchester, Buckinghamshire, Riche- 
 lieu, Bedford, Surry, Kent, Huntingdon, York, 
 Montreal, Effingham, Leinster, Warwick, St. 
 Maurice, Hampshire, Quebec, Northumber- 
 land, Orleans, twenty-one in all, besides the 
 cities or towns of Quebec and Montreal, the 
 borough of Three Rivers and borough of 
 William Henry. These counties were each to 
 return two representatives to the Assembly, 
 
 • This evening the committee which had been appointed to support 
 the petition of November 1784, to the King and parliament of Great 
 Britain, met a number of merchants and citizens at the Merchants* 
 Coffee-House, and having laid their accounts before the meeting, they 
 informed them, that the object for which they were elected being 
 now accomplished, they considered it their duty to resign the office, 
 and to intimate the resignation more generally by an advertisement 
 in the public paper. 
 
 Thte committee having declared themselves dissolved, it was then 
 moved and tmanimously resolved, 
 
 '* That the thanks of the citizens now assembled, be given to 
 " Adam Lymbumer, Esquire, for his activity, zeal, and un weary in j? 
 " application, during his agency and missir i from this province, to 
 « Great Britain, in maintaining and supporting the petition of 1784, 
 "for a representation of the people, as a constituent part of the 
 " government of Canada, to the King and parliament ofGreat Britain." 
 
 The gentlemen who composed the late committee having retired, 
 it was moved, and unanimously resolved, by the citizens then 
 present — 
 
 " That the thanks of the citizens now assembled, be given to the 
 '< late committee, for their activity, zeal, and unremitt^ attention, 
 " in the faithful discharge of the important trust reposed in them by 
 their constituents." — Published by order. 
 
 Quebec, 24th Dec, 1791. W. Roxburgh, Sec. 
 
 l2 
 
 :H 
 
 n 
 
 is'* 
 
126 
 
 Chap, with the exception of Gasp6, Bedford and 
 
 ^^ Orleans, each of which was to return but one. 
 
 i7<,2 Quebec and Montreal were respectively to 
 
 return four, Three Rivers two, and William 
 
 Henry one, in all fifty representatives. 
 
 A proclamation issued on the 14th of May, 
 giving notice that writs of election had that 
 day been ordered, and were to issue, bearing 
 teste the 24th of the same month, returnable on 
 the tenth day of July following. The elections 
 accordingly took place in June, and were in 
 general warmly contested, and on the whole, 
 the people judiciously exercised their fran- 
 chise, by a good selection of members at this 
 the outset of the constitution, the best, as some 
 will have it, made during the existence of 
 Lower Canada as a province.f There were 
 several merchants in tbe body, of the first stand- 
 ing in Quebec and Montreal. 
 
 The provincial parliament was convoked by 
 
 ^ proclamation of the 30th Oct. for the despatch 
 
 of business, and pursuant thereto niet for the 
 
 first time at Quebec, on the 17th December, 
 
 1792. The honorable William Smith, the chief 
 
 f The following is the return as found in the Journal of the Assem- 
 bly: — Gaspe, Edward O'Hara ; Cornwallis, P. L. Panet and Jean 
 Dig6 ; Devon, Fras. Dambourges and Jas. Tod ; Hertford, P. Mar- 
 coiix and Louis Duniere ; Dorchester, Gabriel Elz. Taschereau and 
 Louis De Salaberry ; Buckinghamshire, A. Juc. Duchesnay and J.M. 
 Tonnancour, I'aine. Richelieu — Borough of William Henry, John 
 Barnes ; County, Pierre Guerout and Benj. Cherrier, Bedford, J. B. 
 M. H de Rouville ; Surry, Philip Rocheblave and Fran. Malhiot ; 
 Kent, Rene Boileau and Pierre Le Gras Pierreville ; Huntingdon, Hyp. 
 St. Geo. Dupre and G. C. Lorimier ; York, M. E. G. Ch. De Lotbi- 
 niere and P. A. De Bonne. Montreal — West Ward, James McGill 
 and J. B. Durocher; East Ward, Joseph Frobisher aad John Richard- 
 s'on; County, Joseph Papineau and James Walker. Effingham, 
 
127 
 
 d and 
 lUt one. 
 rely lo 
 rVilliani 
 
 f May, 
 id that 
 bearing 
 able on 
 lections 
 were in 
 I whole, 
 ir fran- 
 5 at this 
 as some 
 jnce of 
 e were 
 St stand- 
 
 Dked by 
 espatch 
 for the 
 ember, 
 le chief 
 
 the Asseni- 
 and Jeaii 
 rd, P. Mar- 
 hereau and 
 y and J.M. 
 enry, John 
 dford, J. B. 
 (1. Malhiot ; 
 
 ■gdon, Hyp. 
 
 .. De Lotbi- 
 rnes McGiU 
 n Richard- 
 Effinghann, 
 
 justice of the province, was appointed speaker chap, 
 of the legislative council, by the lieutenant '^ 
 governor. The names of those constituting i;,,^. 
 the legislative council were as below.* 
 
 J. A. Panet, Esquire, an old and eminent advo- I 
 cate of the Quebec bar, returned a member for f 
 the upper town of Quebec, was chosen by the 
 •assembly for its speaker. f His excellency the 
 lieutenant governor, after confirming the choice 
 
 Jiicol) Jordan and Jos. La Croix; Leinster, Fran. Antoine La Roqut* 
 and Bonav. Panel ; Warwick, P. P. M. La Vallric and Louis OUvilt. 
 St. Maurice — Borough of Three liivtTS, John Lees and Nicholas St. 
 Martin ; County, Thomas Coffin and Augustiu Jiivard. Hampshire. 
 Matthew N'Nicfer and Jean Boudreau. Quebec — Upper Town, J. 
 .\ntoine Panet and WiUiam Grant ; Lower Town, Roht. Lester and 
 John Young; County, Louis !)<• Saia berry and David Lynd. Noi- 
 JhumberUuid, Pierre Bedard ati(' ioscpn Duibur ; Orleans, Nicholas 
 (laspard Boisseau. 
 
 • The legislative council, at the opening oJ the parliament, con- 
 sisted of — the honorable William Smitti, speaker ; J. G. Chaussegros 
 dt? Lfy, Hugh Finlay, Picotte de Beleitre, Thouuis Dunn, Paul lioc 
 de St. Ours, Edward Harrison, Franc6is Baby, John Collins, Joseph 
 de Longaeuil, Charles Delanaudiere, George Pownal, R. A. De Bou- 
 rherville, John Fraser. — The receiver general, Henry Caldwell, was 
 soon after added, making the number fifteen as by law required. 
 
 t This excellent man and good citizen, served, as we shall scp 
 in proceeding, many years as speaker of the assembly, and without 
 other remuneration or reward than the approbation ot his fellow citi- 
 zens and subjects. His brother, Mr. P. L. Panet, is said thus to have 
 expressed himself during the debates relating to the choice ol speaker, 
 and which deserves to be lecorded : — '* I will explain my mind on 
 the necessity that the speaker we are about to choose should possess 
 and speak equally well the two languages. ]n which ought he to 
 address the governors i — is it in the english or french languages '{ — To 
 solve the question, 1 ask whether this colony is or is not an english 
 colony 1 — what is the language of the sovereign and of the legislature 
 from whom we hold the constitution which assembles us to-day ? — 
 what is the general language of the empire 1 — what is that ol' one p?rt 
 of our fellow citizens 1 — what will that of the other and that of the 
 whole province be at a certain epoch"? I am a Canadian, the son of 
 a frenchman — my natural tongue is french ; for, thanJcs to the ever 
 .subsisting division between the Canadian and english since the cession 
 of the country, I have only been able to procure a little knowledge of 
 that of the latter — my testimony will not, therefore, be questioned. It 
 is then my opinion, that there is an absolute necessity that the cana- 
 
 'i : 
 
128 
 
 1792. 
 
 Chap, of the house, opened the session with a speech 
 IV of which the following are the prominent parts : 
 
 " Gentlemen of the Legislative Council, and Gentlemen 
 of the House of Assembly. — Our most Gracious Sovereign, 
 always wat/'ful over the happiness of his people, having 
 taken into consideration the condition of his loyal subjects 
 of this province and recommended them to his parliament 
 for such change in their colonial government as circums- 
 tances might require and admit, the act was passed that 
 has made it my duty, as it is my pride, to meet you in 
 general assembly, which I have endeavoured to do at a 
 season learn' inconvenient to your private interests. 
 
 On a day like this, signalized by the commencement in 
 this country of that form of government which has raised 
 the kingdom, to which it is subordinate, to the higl.ost 
 elevation, it is impossible not to feel emotions difficult to be 
 expressed. 
 
 " To give an opportunity for your loyal and grateful 
 acknowledgments to his Majesty is one of my motives for 
 calling you together, and that debt discharged, your councils 
 will, doubtless, be next employed for enacting the laws 
 necessary to confirm and augment the prosperity of your 
 country. 
 
 " Gentlemen of the House of Assembly — Acquainted as 
 you are with the condition and desires of the people you 
 represent, it is from your house the public will chiefly 
 expect such ordinary provision as the common weal may 
 require, and I trust, that ifan^ measures conducive to it 
 shall necessarily be postponed for mature consideration to a 
 subsequent session, no regulation of indispensable utility 
 will escape your present attention. 
 
 " Gentlemen of the Legislative Council, and gentlemen 
 of the House of Assembly. — Great Britain being happily at 
 
 dians. in course of time, adopt the engUsh language, as the only means 
 of dissipating^ the repugnance and suspicions, which the difference of 
 language would keep up bet veen two people united by circumstances 
 and necessitated to live together ; — but in the expectation of the ac- 
 complishment of this happy revolution, I think it is but decent that 
 the speaker on whom we may fix our choice, be one who can express 
 himself in english when he addresses himself to the representative of 
 our sovereign." — Quebec Gazette f 20th December j 1792. 
 
I speech 
 it parts : 
 
 jrentlemen 
 Sovereign, 
 le, having 
 1 subjects 
 parliament 
 J circuma- 
 assed that 
 eet you in 
 to do at a 
 
 ■ 
 
 icement in 
 
 has raised 
 
 he higi.osi 
 
 Kcult to be 
 
 id grateful 
 motives for 
 )ur councils 
 ; the laws 
 lity of your 
 
 quainted as 
 )eople you 
 v\\\ chiefly 
 weal may 
 ucive to it 
 eration to a 
 sable utility 
 
 gentlemen 
 happily at 
 
 le only means 
 ; difference of 
 tircumstances 
 on of the ac- 
 it decent that 
 o can express 
 resentative of 
 
 129 
 
 peace with all the world, and, I hope, without appreheiMion ^y^an. 
 of its interruption, the present moment must be moln fit IV. 
 and urgent for all those arrangements best made at a season %^-^-w 
 of tranquillity and falling within the sphere of our trust. 1792. 
 The conviction I feel of your disposition to cultivate that 
 harmony amongst yourselves and each branch of the legis> 
 lature, which is always essential to the public good and 
 private satisfaction, makes it unnecessary for me to enlarge 
 upon this subject. 
 
 " Such objects as it may become my duty to recommemi 
 to your consideration shall be occasionally communicated 
 to you by message." 
 
 The address of the assembly in answer to 
 his excellency's speech was cordial : — 
 
 " May it please your excellency,— Truly sensible of the 
 paternal solicitude of our most gracious sovereign, in watch- 
 ing over the happiness of his people, and of the justice and 
 benevolence of the parliament of Great Britain, in granting 
 to his Majesty's loyal subjects of this province, a new and 
 liberal constitution for their colonial government, we shall 
 Qver retain the most grateful and lively sense of the duties ^ 
 we owe to the parent state. 
 
 ** We cannot express the emotions which arose in our 
 breasts, on that ever memorable day, when we entered on 
 the enjoyment of a constitution assimilated to that form of 
 government, which has carried the glory of our mother coun- 
 try to the highest elevation. 
 
 " We beg leave to assure your excellency, that our feel- 
 ings and those of our constituents, fully sensible of the mag- 
 nitude of the blessings conferred by the change which 
 brought us to so memorable a convention, are of the most 
 lively nature ; and next to our gratitude to the almighty 
 arbiter of the universe, we cannot sufficiently extol the 
 magnanimity and grace of the king, the common father of 
 his people, and of that parliament which has so generously 
 co-operated for the establishment, that is most deservedly 
 the subject of our general joy. 
 
 " It is an unparalleled happiness for us, to have an op- 
 portunity of presenting to his Majesty our loyal thanks, and 
 of expressing to him our gratitude ; such homage is die 
 
 
 I! ' 
 
 ;■ M 
 
 W 
 
 I fi 
 
 tisi ^ 
 
 I 'I 
 
 5, 
 
 Iff! ! 
 
 lit I i<; 
 
 'ii. ^ m 
 
 St' 
 
130 
 
 Chap '3inguage of our hearts, and it is due from us, for all the favors, 
 
 IV. vviUi which we have been loaded That duty fulfilled, we 
 
 v^-v^*^ will turn our attention with most ardent zeal, to forming 
 
 1792. such laws, as may tend to the prosperity and advantage of 
 
 our country. 
 
 " We hear with pleasure that Great Britain is at peace 
 with all the world, and we consider this as ijje most favora- 
 ble lime for the consideration of the objects that fall within 
 the sphere of our charge : — to cultivate harmony among 
 ourselves and each branch of the legislature, is our most 
 ardent wish, convinced as we are, that it is a condition 
 essentially necessary to the public good, and our own private 
 satisfaction. 
 
 " We will, at all limes, give the most speedy and delibe- 
 rate ccmsideration to such niecsages as we may receive from 
 your excellency." 
 
 The lieutenant governor, immediaiely after 
 delivering his speech, sent a message acquaint- 
 ing the assembly that he had it in command, to 
 recommend to their immediate attention the 
 establishment of the number proper to consti- 
 tute a quorum of the house, and likewise the 
 forming of such rules and standing orders for 
 regulating the form of proceedings as might be 
 most conducive to the regular despatch of 
 business. He at the same time submitted to 
 their wisdom whether it would be best to estab- 
 lish the quorum by an act of the legislature, or 
 by a standing rule of the house. This matter 
 created much warm discussion. The quorum 
 was fixed by a standing rule, at thirty-four 
 members, including the speaker; but this was 
 afterwards, in the same session, reduced to 
 twenty-six, (a majority of the whole house) and 
 at the following session to eighteen, but sub- 
 sequently again increased. 
 
 1w 
 
131 
 
 e favors, 
 lied, we 
 forming 
 ntage of 
 
 at peace 
 
 I favora- 
 
 II within 
 y among 
 our most 
 condition 
 n private 
 
 d delibe- 
 live from 
 
 y after 
 quaint- 
 land, to 
 Ion the 
 consti- 
 nse the 
 lers for 
 ight be 
 Itch of 
 tted to 
 ) estab- 
 ure, or 
 matter 
 uorum 
 ty-four 
 is was 
 ced to 
 e) and 
 ut sub- 
 
 Shortly after the opening of the session, the chap. 
 lieutenant governor transmitted the message ^^ 
 following to the assembly, relating tr the enact- ""J^ 
 ment of laws : — 
 
 " Mr. Speaker of the house of assembly, — I am instruct- 
 ed by his Majesty respecting the enactment of laws in this 
 province, upon sundry points, which I think fit to commu- 
 nicate to the legislature for Iheir information, certain articles 
 whereof are in the words following: — 
 
 " That the style of enacting all the said laws, statutes and 
 ordinances shall be by us, our heirs or successors, by and 
 with the advice and consent of the legislative council and 
 assembly of our province of Lower Canada, constituted 
 and assembled by virtue of, and under the authority o*! an 
 act passed in the Parliament of Great Britain, intituled " 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 government of the province of 
 Quebec in North America ; and to make further provision 
 for the government of the said province ;'* — And that no 
 bill in any other form shall be assented to by you in our ^ 
 name." — " That each different matter be provided for by a ^ ' 
 different law, without including in one and the same act 
 such things as have no proper relation to each other. 
 
 *' That no clause be inserted in any act or ordinance 
 which shall be foreign to what the title of it imports, and 
 that no perpetual clause be part of any temporary law. 
 
 " That no law or ordinance whatever be suspended, 
 altered, continued, revised, or repealed by general words, 
 but that the tide and date of such law or ordinance be 
 particularly mentioned in the enacting part. 
 
 " That in case any law or ordinance respecting private 
 property shall be parsed without a saving of the right of us, 
 our heirs and successors, and of all persons or bodies politic 
 or corporate, except such as are mentioned in the said law 
 (ir ordinance, you shall declare, that you withhold our assent 
 from the same ; and if any such law or ordinance shall be 
 passed without such saving, you shall m every such case, 
 declare that you reserve the same for the signification of our 
 royal pleasure thereon. 
 
 ^■'i 
 
 8;;i> 
 
132 
 
 Chap " ^"^ whereas laws have formerly been enacted in seve- 
 IV. ral of our plantations in America, for so short a time, that 
 v.«-v-%^ our royal assent or refusal thereof could not be had before 
 1792. the time for which such laws were enacted, did expire, you 
 shall not assent in our name to any law that shall be enact- 
 ed for a less time than two years, except in cases of immi- 
 nent necessity, or immediate temporary expediency ; and 
 you shall not declare our assent to any law containing pro- 
 visions which shall have been disallowed from us, without 
 express leave for that purpose first obtained by us, 
 upon a full representation by you to be made to us, by one 
 of our principal secretaries of state, of the reasons and 
 necessity for passing such law." 
 
 In answer to this a deputation of four mem- 
 bers was appointed to wait on his excellency 
 the lieutenant governor with the humble thanks 
 of the house, and at the same time to assure 
 him that the house would duly attend to his 
 Majesty's instructions communicated by mes- 
 sage, as the basis whereon safe and sound 
 legislation may be raised, private and public 
 rights secured and protected, and the interests 
 of Great Britain and this colony lastingly com- 
 bined. 
 
 It may here be observed, that the business 
 of the house was carried on, and the motions 
 put by the speaker in english and french, (the 
 latter being his native tongue,) and that the 
 journals were kept in both languages. It was 
 made a standing rule of the house " that no 
 motion shall be debated or put unless the same 
 be in writing and seconded ; when a motion is 
 seconded it shall be read in english and french 
 by the speaker before debate." It was a few 
 days after the adoption of this rule resolved to 
 
 iiff»f vr'SHV^ 
 
d in seve- 
 iine, that 
 ad before 
 pire, you 
 be enact- 
 or iortmi- 
 ncy ; and 
 ining pro- 
 , without 
 1 by us, 
 3, by one 
 isons and 
 
 ir mem- 
 lellency 
 s thanks 
 i assure 
 i to his 
 by mes- 
 
 sound 
 i public 
 nterests 
 jly corn- 
 business 
 motions 
 ch, (the 
 that the 
 
 It was 
 that no 
 he same 
 notion is 
 d french 
 as a few 
 olved to 
 
 133 
 
 amend it, by adding after the word " speaker," chap, 
 the words ** if he is master of the two languages, ^^ 
 if not, the speaker shall read in either of the ^792! 
 two languages most familiar to him, and the 
 reading in the other language shall be by the 
 clerk or his deputy at the table." 
 
 His excellency also sent down early in the 
 session a message relating to a new judicature 
 system, recommended by the home govern- 
 ment. A bill was accordingly, in compliance 
 with it, introduced in the legislative council 
 and passed, but did not meet with the concur- 
 rence of the lower house, which put off the 
 consideration of it until the next session ; 
 apologizing, however, for the delay, by a res- 
 pectful address on the subject, to the lieutenant 
 governor. 
 
 An immensity of discussion arose as to the 
 language (english or french) in which bills 
 should be introduced, and which was to be 
 deemed the language of the law. It was moved 
 ** to resolve that the house shall keep its jour- 
 nal in two registers, in one of which the pro- 
 ceedings of the house and the motions shall be 
 wrote in the french language, with a translation 
 of the motions originally made in the english 
 language ; and in the other shall be entered 
 the proceedings of the house and the motions 
 in the english language, with a translation of 
 the motions originally made in the french 
 language." 
 
 To this, Mr. Richardson, moved to add, in 
 amendment, the following — ** but although the 
 
 M 
 
 I 
 
 u ■^■' 
 
 i i 
 
 If 
 
 ki 
 
 ' J' :i ^',\ 
 
 M 
 
134 
 
 Chap, journal shall be thus kept in english and in 
 '^ french, and all bills that may be brought in or 
 
 1792 laws that may be enacted, shall be translated 
 from the one into the other language, at such 
 stage of their progress as may be determined 
 upon, yet in order to preserve that unity of 
 legal language indispensably necessary in the 
 empire, and touching any alteration in which, a 
 subordinate legislature is not competent, the 
 english shall be considered the legal text." — 
 The proposed amendment was negatived (yeas 
 13, nays 26.) and the original motion unani- 
 mously passed. 
 
 In addition to this, it was a few days 
 afterwards " resolved that such bills as are 
 presented, shall be put into both languages ; 
 that those in english be put into french, and 
 those presented in french be put into english, 
 by the clerk of the house or his assistants, 
 according to the directions they may receive, 
 before they be read the first time ; and when so 
 put shall also be read each time in both lan- 
 guages. It is well understood that each mem- 
 ber has a right to bring in any bill in his own 
 language; but that after the same shall be 
 translated the text shall be considered to be 
 that of the language of the law to which said 
 bill hath reference." Thus this matter, which 
 at one moment threatened to disturb the equa- 
 nimity of the house and kindle national animo- 
 sities among the members, was compromised, 
 and settled down in the resolutions cited, 
 which being made a rule of the house, was 
 
and in 
 ht in or 
 inslated 
 at such 
 Trained 
 mity of 
 ' in the 
 vhich, a 
 int, the 
 ext."— 
 id (yeas 
 1 unani- 
 
 w days 
 5 as are 
 guages ; 
 ch, and 
 english, 
 sistants, 
 receive, 
 when so 
 oth lan- 
 ;h mem- 
 nis own 
 ^hall be 
 to be 
 
 ch said 
 
 which 
 e equa- 
 
 animo- 
 omised. 
 cited, 
 
 le, was 
 
 135 
 
 ever afterwards cheerfully '^bserved and work- chap. 
 ed to the satisfaction of all. '^• 
 
 An address relating to the new constitution, "Trua! 
 was voted by the assembly to his Majesty : — 
 
 " We your Majesty's most dutiful and loyal subjects the 
 representatives of Lower Canada, met in assembly for the 
 first time under our new constitution, humbly approach the 
 throne to express to your most gracious Majesty, our senti- 
 ments of gratitude and joy on the happy change which has 
 taken place in the forms of our government. 
 
 " The constitution which it hath pleased your Majesty in 
 parliament to give us, modelled upon that of Great Britain, 
 a const' ution which has carried the empire to the highest 
 pitch o^ glory and prosperity, assures to this colony the most 
 solid advantages, and will for ever attach it to the parent 
 state. 
 
 " Now partaking wMthout distinction the benefits of » 
 government, which protects all equally, we offer our thanks 
 to divine providence for the happiness prepared for us ; our 
 prayers are for the general prosperity of the nation of which 
 we make a part, and for the preservation and felicity of our '^ 
 august and virtuous sovereign. 
 
 " May it please your Majesty to receive favourably our 
 respectful homage, and permit us anew to express our loy- 
 alty and attachment, 
 
 " May it also please your Majesty and parliament to 
 receive our most humble thanks for the favor conferred upon 
 this colony. 
 
 "Such are the heartfelt wishes of the representatives of 
 the people of Lower Canada." 
 
 This truly loyal address was forwarded to 
 his Majesty by the lieutenant governor. 
 
 His excellency transmitted to the assembly 
 a message, on the 26th February, of which the 
 following is an extract : — 
 
 ** I am directed also to recommend to tiie legislative 
 council and house of assembly, to make due provision for 
 erecting and maintaining of schools where youth may be 
 
 ; . ■''■ ■■ ' 
 
 lim 
 
 : m 
 
 wm 
 
136 
 
 Chap, C'Ji'Caied in competent learning and in knowlei!ge of the 
 IV. principles of the christian religion, which I do in full confi- 
 
 >-*-^-*^ dence, that they will receive the consideration due to such 
 1793. important objects." 
 
 A petition on the subject of education was 
 shortly after this presented to the assembly by 
 divers inhabitants of Quebec, in which it was 
 stated — 
 
 " That siijfce the abolition of the Jesuits, those of Canada 
 had gencrQiisly offered, and still persisted in offering to this 
 province the remitment and possession of all the property 
 and funds of the college (estates) for the use of the public, 
 to whom they belong, and only desire a subsistence, but 
 that such restitution has been retarded and impeded by many 
 difficulties. 
 
 " That the petitioners are convinced that his most gra- 
 cious Majesty, by his royal instructions, was ever desirous 
 of being well informed of those titles (of the Jesuits) and to 
 reserve of all those fun<ls, whatever might be requisite for 
 the public education, without prejudice either to the causes 
 or effects, such as the establishment had in view, 
 
 " Wherefore the petitieiers hope that this honorable 
 house will consider that the estates of the Jesuits have been 
 improved only by the labour, courage and industry of the 
 inhabitants of^ this country, in hopr s of educating their pos- 
 terity, and that those estates, though sufficient, do not ex- 
 ceed the necessary expenses Jo afford a public education 
 properly organised on a liberal plan, for which purposes 
 they were granted, and therefore that they justly claim the 
 same with the respect due to this honorable house." 
 
 Much di" :ussion arose on this matter, which 
 terminated in an address to his Majesty, 
 wherein it was represented — 
 
 " That the deplorable state of education in this province 
 has long been a matter of the deepest regret ; and as the 
 object of our present humble address and petition to your 
 Majesty is to remedy so great an evil, it cannot fail interest- 
 ing the leelings of the beneficent and enlightened sovereign 
 
Ige of the 
 full coofi- 
 ue to such 
 
 ion was 
 mbly by 
 1 it was 
 
 of Canada 
 ring to this 
 le property 
 ;he public, 
 tence, but 
 d by many 
 
 most gra- 
 er desirous 
 its) and to 
 quisite for 
 the causes 
 
 honorable 
 have been 
 try of the 
 their pos- 
 lo not ex- 
 education 
 purposes 
 claim the 
 
 r, which 
 ^Fajesty, 
 
 3 province 
 ind as the 
 n to your 
 il interest- 
 sovereign 
 
 793. 
 
 137 
 
 of a liberal and magnanimous nation, — permit us to say that (;(,gp 
 a matter of more serious and important concern to this part IV. 
 of your Majesty's dominions cannot occupy our attention. 
 
 *^ In contemplating this subject, we have been naturally 
 led to look forward to the reversion of the property now and 
 heretofore possessed by the Jesuits in this province, as greatly 
 contributing to so desirable an end. 
 
 " We therefore most humbly beseech your Majesty to be 
 graciously pleased, upon their extinction or demise, to order 
 such measures as to your Majesty, in your royal wisdom and 
 justice shall seem meet, to secure and apply the same to the 
 education of the youth in this province, by the reestablish- 
 ment of a college therein j a purpose apparently congenial 
 to the original intention of the donors, most benevolent in 
 itself, and most essentially necessary for the promotion of 
 science and useful knowledge."* 
 
 • The revenues from these estates were, accordingly, after many 
 V, ars difcussion and several applications, year after year, on the sub- 
 ject, by the assembly to the e^overnment, finally given up by his late 
 Majesty king William the Fourth ; and, as previously mentioned, by 
 an act of the parliament of Lower Canada, (2 Will. IV., ch 41.) ap- 
 propriated to education exclusively ; but an effort has recently been 
 made in the parliament of the united province, and will probably he 
 renewed, to appropriate them exclusively to the education of catholics. 
 An unsuccessful application, it seems also has more recently been made, 
 to the governor general, lord Elgin, by the roman catholic clergy, for 
 a portion of the funds arising from those estates, for missionary pur- 
 poses of their church, (probably with a view to the instruction of the 
 Indian tribes in the north, whither missionaries have recently gone,) 
 for the promotion of which, no doubt, some of the estates belonging 
 to the late order of Jesuits in Canada were, in part, conferred 
 upon them by the original donors. His excellency felt himself 
 bound, however, to refuse the application, on the ground that the 
 revenues in cpiestion were already appropriated by the legislature, 
 •' to educational purposes," adding, also, that in his opinion, it was 
 neither " expedient or desirable" to endeavour to divert those funds 
 from their existing destination. The following is the letter, as it has 
 gone the round of the public prints, written by order of his excellency 
 in answer to the application : — 
 
 '< We learn from the Canadien, that Mr. C. F. Cazeau, Secretary 
 to the bishop of Quebec, has lately received the following reply to the 
 petition of the Canadian roman catholic clergy, presented in the month 
 of June last .—(Quebec Gazette, V6th Sept., 1847.) 
 
 " Secretary's Office, Montreal, 22d July, 1847. 
 
 '* Sir, — In your two-fold capacity of subscriber to the petition of 
 the catholic clergy of the diocese of Quebec and Montreal, requesting 
 
 m2 
 
 i- i'l'A 
 
 U »^; 
 
138 
 
 Chap. On the 25th of April, his excellency sent a 
 '^ message to the assembly, informing them that 
 n»j3. he had received a leUer from the secretary of 
 state, of the 9th February last, " stating that 
 the persons exercising the supreme autho- 
 rity in France, had declared war against his 
 Majesty." A proclamation also issued notify- 
 ing the circumstance. 
 
 In answer to the message, the assembly sent 
 up an address thanking his excellency for it, 
 " and assuring him that it was with horror they 
 had heard that the most atrocious act which 
 ever disgraced society had been perpetrated 
 in France, (alluding to the recent decapitation 
 of the unfortunate Louis XVIth,) and that it 
 was with concern and indignation they now 
 learned that the persons exercising the supreme 
 authority there, had declared war against his 
 Majesty. 
 
 " His Majesty's faithful subjects," — said they 
 
 .(( 
 
 the appropriation of the estates of the formerly existing order ol 
 Jesuits, to the acconriplishmen^ of the objects to which they were 
 originally devoted, and as se ?tary to the archbishop of Qnebec, 
 which gives you the means and opportunity of easy communication 
 with the reverend subscribers to the said petitioil, I have the honor, 
 by command of the governor general, to forward to you his excel- 
 lency's answer to the said petition. 
 
 " His excellency enjoins me to point out to ytm that the legislature 
 has formerly appropriated the revenues of the Jesuits' estates to edu- 
 cational purposes, and that these revenues, consequently, cannot be 
 diverted therefrom into the hands of the clergy of the church of Eome, 
 without the previotis sanction both of the crown and the legislature ; 
 and his excellency is of opinion that this is an object which it is 
 neither expedient or desirable to endeavour to attain. 
 
 " Under these circiunstances, his excellency finds it impossible to 
 iulopt any measures towards fulfilling the desire of the petitioners. 
 " I have the honor to be, &c., &€., 
 
 " D. Dalt, Secretary." . 
 
 ed 
 as 
 ble,| 
 the 
 
139 
 
 y sent a 
 lem that 
 retary of 
 ting that 
 autho- 
 linst his 
 [1 notify- 
 
 ibly sent 
 y Yor it, 
 Tor they 
 :t which 
 petrated 
 apitation 
 d that it 
 ley now 
 supieme 
 ainst his 
 
 aid they 
 
 ng order ol 
 they were 
 
 of Qnebec, 
 
 imunication 
 the honor. 
 
 u his excel - 
 
 legislature 
 tes to edu- 
 cannot be 
 h of Rome, 
 egislature ; 
 which it is 
 
 ipossible 1o 
 tioners. 
 
 retary." 
 
 IV. 
 
 — " earnestly pray that his arms may be crrwn-( 
 ed with such signal success over his enemies, 
 as shall speedily bring about a peace, honora- ,7^ 
 ble, safe, and advantageous to his Majesty and 
 the empire." 
 
 They assured his excellency in conclusion, 
 that the house would immediately proceed to a 
 revision of the militia laws, and if alterations 
 and amendments were necessary, they would 
 make such as should be deemed the most fit 
 and proper to secure and protect the province 
 from every injury and insult of his Majesty's 
 enemies. 
 
 The subject was taken up and discussed, 
 but as no alterations were made in the militia 
 ordinance then in force, and which gave the 
 governor very great powers, it is to be inferred 
 thay they were deemed, by the assembly, ade- , 
 quate to any emergency as, in fact, they were. 
 
 A variety of standing rules relating to the 
 proceedings in the house, and to its intercourse 
 with the other house, framed upon those in use 
 in the imperial parliament, was adopted. A 
 fund was provided, by a small imposition on 
 wines imported into the province, for paying 
 the salaries allowed the officers of the legisla- 
 tive council and assembly and defraying the 
 contingent expenses thereof.* This induced 
 
 • The following are the salaries allowed the officers of the house of 
 assembly :— Clerk, £250— Clerk Assistant, JE160— Under Clerks. 
 X 100— Sergeant at Arms, £75 — Total, iS75. And to the officers ol 
 the legislative council, as follows: — Clerk, £250 — Clerk Assi.stant. 
 £100— Under Clerk, £50— Black Rod, £75— Mace, £40— Contingen- 
 cies, £50— Total, £565. Total of both, £1 140. The whole supply 
 granted to pay the oificers of the legislative council and house ot 
 
 i!! 
 
 I ': 
 
 ,iim 
 
1793. 
 
 
 140 
 
 CKa,, the house to record upon its journals, the fol- 
 ^^ lowing resolution : — 
 
 " Resolved and declared, — That in order to remove atl 
 anxiety and disquietude, and to preserve a perfect union 
 and good correspondence with the province of Upper 
 Canada, this house will at all times be ready to take into 
 consideration the allowance or drawback to be allowed to 
 ihe province of Upper Canada upon all wines consumed 
 therein and subject to a duty on importation into thin 
 province under the bill intituled <' an act to establish a fund 
 *' for paying the salaries of the ollicers of the legislative 
 " Council and assembly, and for defraying the contingent 
 *' expences thereof," — whenever arrangements tending to 
 ascertain the quantity of wine exported to the province of 
 Upper Canada froui or through this province, shall be fixed 
 and settled in such manner as may be deemed expedient by 
 the joint concurrence of the government of each province, 
 and that an humble address be presented to his excellency 
 the lieutenant governor, requesting he would be pleaded 
 to take the earliest opportunity of communicating this re-soive 
 to his excellency lieutenant governor Simcoe^ or person 
 administering the government of the province ol' Upper 
 Canada for the time being." 
 
 The session having now been spun out to 
 the beginning of May, the members, tired of it, 
 and most of them gone home, his excellency, 
 on the ninth of thai month, went down to the 
 legislative council chamber, whither the assem- 
 bly being summoned, he, after giving the royal 
 assent to eight bills, prorogued the parliament 
 with the following speech : — 
 
 " Gentlemen, — At the first meeting of the Legislature, I 
 congratulated you upon the flattering prospects which opened 
 
 assembly the salaries and allowances voted them for the current year 
 and other contingencies incurred since the meeting of the legislatun' 
 ivas JC1500. The amount now (1847) annually required is more than 
 double as many thousands as there were hundreds then ! ,t»^ 
 
141 
 
 the fol- 
 
 emove all 
 feet union 
 of Upper 
 
 take into 
 allowed to 
 cunsumcd 
 
 into this 
 fmli a fund 
 legislativf 
 contingent 
 tending lo 
 jrovince of 
 ill be fixed 
 :pedient by 
 1 province, 
 excellency 
 be pleawed 
 thisre!<olve 
 
 or person 
 
 of Upper 
 
 n out to 
 red of it, 
 :ellency, 
 m to the 
 e assem- 
 the royal 
 rliament 
 
 {rislature, I 
 ich opened 
 
 current ypai 
 
 lie leg:islatur.' 
 
 is more than 
 
 to your view, and upon the flourishing and tranquil state of (j^^p 
 the british empire, then at |)eace with all the world ; nince IV. 
 that period 1 am aorry to find its tranquillity has been dis- v^^^-^ 
 turbed by the unjustifiable and unprecedented conduct of i7y3. 
 the persona exercising the supreme y ovver in France, wiio, 
 after deluging their own country with the blood of their 
 feliow-citi/ens, and imbruing their hands in that of tlieir 
 sovereign, have forced his majesty and the surrounding 
 nations of Europe into a contest, which involves the firvit 
 interests of society. In this situation of public aflairs 1 
 reflect with peculiar pleasure upon the loyalty and faithful 
 attachment of his maje6ty's subjects of this province to his 
 royal person, and to that form of government we have thu 
 happiness to enjoy. 
 
 " Mr. Speaker, and Gentlemen of the House of Assembly, 
 — The provision you have made for the payment of the 
 salaricH of the officers, together with the contingent ex- 
 penses of both houses of the legislature, claims my best 
 thanks, and furnishes a well founded hope that though the 
 peculiar circumstances attending this your first session has, 
 for the present, excluded the great object of supplying 
 more generally the medium of support to the exigencies of 
 a sufficient and well regulated government, your next ' 
 meeting may afl*ord leisure for the mature consideration of . 
 this important subject, and be productive of such grants as 
 will enable the executive power to create and maintain 
 such colonial establishments as may be absolutely requisite 
 to the general welfare of the province. 
 
 " Gentlemen, — The laws that you have prepared, and 
 to which [ have given his majesty's assent, will afford relief 
 to some of the objects that demanded immediate attention, 
 and I persuade myself that those of a more important nature 
 will receive your private reflection during the recess, and 
 be the result of your mature deliberation at the next session, 
 particularly that respecting the courts of judicature which 
 has been strorgly recommended to your attention, and such 
 lurther regulations as may appear necessary for the better 
 organizing and more effbctually calling forth the militia for 
 the defence of this extensive and valuable country, when 
 war or the evil disposition of our enemies of any description 
 shall make it necessary.** 
 
 1^ 
 
 
142 
 
 Chap Thus ended this first session of the first 
 '^" parliament of Lower Canada, to the general 
 1793. satisfaction, as far as at this distance from it, 
 we can understand. 
 
 Canada, in its intercommunications withEng- 
 land and the rest of the world, at this period, may 
 have been as, according to Virgil, England itself 
 was, in his time, with respect to Italy — " penitits 
 tolo (iivisos orbe bi'itannosJ^ To give the reader 
 an idea of the rate at which news, in those times, 
 travelled backward and forward, it has only to 
 be stated that the mail between Quebec and 
 New York, as well as to Halifax, was but 
 monthly, and not always regularly so. In the 
 Quebec Gazette of the 10th November, 1792, 
 it is stated that the latest news from Philadel- 
 phia and New York,were to the 8th of October, 
 giving accounts of a battle on the Wabash and 
 Anguille rivers in August, between an expedi- 
 tion of the American forces, consisting of 523 
 rank and file, under general Wilkinson and a 
 body of Indians, in which the latter were routed, 
 news, which, at the present time, would reach 
 Quebec, in three days and perhaps less, 
 from the place of action, and in direct line. — 
 Again, on the 29th December, it is said, 
 " yesterday's post from Montreal, brought New 
 York papers to the 27th November." In a 
 notice from the '* General Post Office, Quebec, 
 1 7th November, 1791, information is given that 
 ^* a mail for England will be closed at this 
 office, on Monday, 5th December next, at 4 
 o'clock, p. m.y to be forwai'ded by way of New 
 
 
le first 
 general 
 from it, 
 
 ithEng- 
 od, may 
 nd itself 
 penitvs 
 J reader 
 e times, 
 1 only to 
 bee and 
 was but 
 In the 
 r, 1792, 
 ^hiladel- 
 etober, 
 ash and 
 expedi- 
 |g of 523 
 m and a 
 routed, 
 lid reach 
 s less, 
 line. — 
 is said, 
 jght New 
 In a 
 [Quebec, 
 liven that 
 at this 
 txt, at 4 
 of New 
 
 
 ' 
 
 143 
 
 York, in H. M. packet-boat, which will sailchap. 
 from thence in January." Similar notices were '^ 
 sometimes given of mails for England by way of Ttju 
 Halifax, by which route they also, occasionally, 
 came and went. But a month was the average 
 time of the mail between either of those places 
 and Quebec, and from the latter to England, 
 two months.* 
 
 Contrast the following with the above : — We 
 have now, frequently, at Quebec, since the 
 establishment, in 1840, of the Cunard line of 
 steamers, from Liverpool to Halifax and Bos- 
 ton, news from India, vi^ the Mediterranean 
 and England, in less than two months ; from 
 England in sixteen to eighteen days, regu- 
 larly ; from Boston and New York in three, 
 the mail coming and going daily ; and, at the 
 hour of committing this to paper, (half-past i 
 noon, 4th October, 1847,) we learn by the 
 electric telegraph just finished and in opera- 
 tion between Quebec and Montreal, that the 
 steamer Hiberr.ia, from Liverpool, with the 
 english mail of the 19ihult., arrived yester- 
 day, at 2, JO. m., at Boston ; the information 
 reaching Montreal by the cirr itous route of 
 Buffalo and Toronto, and which we might have, 
 
 • We find in the Quebec Gazette of 20th December, 1792, a notice 
 from the general post office, announcing for the first time a mail, once 
 every fortnight, between Montreal and the neighbouring States. 
 
 As to the foreign trade of the province, if we can so call that with 
 Britain, and her dependencies, at this time, some notion of it may be 
 formetl, by the number of vessels from abroad visiting the port of 
 Quebec, which, in 1791, was as follows : — ninety vessels in all, of 
 
 which 36 were ships, 1 snow, 47 brigs, and G schooners. QueUc 
 
 Gaxetie, Mth Novr,, 179\. 
 
 n 
 
 '• is 
 
 Svii 
 
 J 
 
 
 i 'M 
 
 i _i.i,.ia 
 
 U f 
 

 1793, 
 
 144 
 
 Chap, as probably we shortly will, in one hour, when 
 IV the line shall have been established direct from 
 Montreal to Boston. Truly, in this res^ ect, 
 times are changed since the close of the last 
 century, and for the better. Who can say that 
 before the close of the present, an overland trip 
 hence to the Columbia or California, and voyage 
 thence to the blooming isles and edens of the 
 Pacific^ including Hawaii and its magnificent 
 Volcano, the mighty Mauna Loa, to which 
 Vesuvius, JEtna, Hecla, are said to be mole 
 hills, en route for Europe, via China and India, 
 to spend the winter in St Petersburgh or 
 Paris, may not be fashionable, and of more 
 frequent and easy accomplishment, than is, 
 at the present time, a voyage to Naples or 
 Gibraltar, Madeira or Teneriffe ? — when the 
 whole may be done in fewer weeks, perad- 
 venture days, than it took Sir George Simpson 
 months, to perform his famous overland expe- 
 dition ; — and a tour of the globe, from Quebec, 
 by that route, looking at London and the lions, 
 on the way home, in spring, but an agreeable 
 excursion during winter, of four months at most, 
 including stoppages at Delhi, Tobolsk, Con- 
 stantinople, Vienna and Berlin ! 
 
145 
 
 , when 
 ct from 
 es\ act, 
 le last 
 ;av that 
 ind trip 
 voyage 
 of the 
 nificenl 
 
 which 
 e mole 
 I India, 
 irgh or 
 »f more 
 han is, 
 Dies or 
 len the 
 
 perad- 
 
 impson 
 expe- 
 
 uebec, 
 lions, 
 rreeable 
 
 at most, 
 Con- 
 
 ' !l 
 
 le 
 
 CHAPTER V. 
 
 Opening of the parliament, by lord Dorchester, who iiatj 
 returned from England— departure for England of lieute- 
 nant governor Alurdl Clarke —address of the assembly to 
 his royal highness Prince Edward — citizens of Quebec anti 
 Montreal address him on his departure — statement of tht 
 public revenues — proceedings in parliament— Mr. de Lot- 
 bini^re, speaker, vice Mr. Panet made judge — prorogation 
 — reopening of parliament — speech — public accounts of 
 the province laid before the assembly for the first time — 
 vote of £5,000, sterling, annually, in future, toward*; 
 defraying administration of justice and support of the 
 civil government — first articles of agreement with Upper 
 Canada, relative to duties and drawbacks — money bills — 
 speaker of the assembly on presenting them addresses the 
 governor — speech at the prorogation — miscellaneous. 
 
 (hap. 
 
 The provincial parliament met again at \^ 
 Quebec, on the 11th ^November, 1793, and lyt,^ 
 w^as opened by lord Dorchester, who had 
 arrived at Quebe;; from England, on the 24th 
 September, in H, M. S. Severn, and reassumed 
 the government, his excellency major-general 
 Clarke, the lieutenant-governor, returning to 
 England, bearing with him the best wishes of 
 the people whose constitution he had fairly 
 started and put in operation to their satisfaction. 
 His government had been popular, and he re- 
 ceived several flattering addresses at departing. 
 Lord Dorchester's return was cordially wel- 
 comed, a general illumination taking place at 
 Quebec, the evening of his arrival. In his 
 
 N 
 
 ;('I 
 
 ;'i; 
 
146 
 
 I 
 
 Chap. Speech to the legislature, he stated, that the 
 ^ due administration of justice, together with the 
 ,793 arrangements necessary for the defence and 
 safety of the province, were matters of such 
 high importance and so indispensably requisite, 
 that he was persuaded they would lose no time 
 in reassuming the consideration of them, and 
 in making such amendments to the existing 
 laws, as should afford the best security to 
 person and property. 
 
 In telling the assembly that he would order 
 to be laid before them an account of all the 
 receipts of the provincial revenues of the crown 
 since the division of Upper and Lower Canada, 
 he observed, that the general expenditure was 
 very great, but could not all be placed to the 
 provincial account. " Such parts of it,"— said 
 his excellency, — " as more particularly belong 
 to that head, I am not at this time enabled to 
 bring forward ; I can only say it greatly exceeds 
 the provincial funds : yet, it is not, at present, 
 my intention to apply to you for aid ; that you 
 may have time to consider by what me^ns the 
 provincial revenue may be rendered more 
 productive ; in hopes, nevertheless, that Great 
 Britain, in the mean while, will continue her 
 generous assistance to this colony, and defray 
 such surplus expenses as are absolutely neces- 
 sary to its prosperity. 
 
 " Gentlemen, — you will perceive that the 
 infant state of our constitution requires great 
 circumspection, in the foundation of such laws 
 as may tend to strengthen and establish it, and 
 
 I 
 
 i 
 
':-;«»•.. 
 
 t the 
 h the 
 s and 
 such 
 Liisite, 
 3 time 
 I, and 
 dsting 
 ity to 
 
 order 
 all the 
 crown 
 anada, 
 re was 
 to the 
 ' — said 
 belong 
 led to 
 Ixceeds 
 resent, 
 at you 
 ns the 
 more 
 \i Great 
 ue her 
 defray 
 neces- 
 
 lat the 
 
 |s great 
 
 ph laws 
 
 it, and 
 
 i7j;3. 
 
 147 . 
 
 I flatter myself you will deliberately and cor- cuap 
 dially unite in the promotion of such measures ^ 
 as are essential to the happiness and well-being 
 of your country." 
 
 The address from the assembly, in answer to 
 this, was cordial and complimentary, :— 
 
 " Fully convinced of the happy effects to be derived iVoin 
 a solid and invariable administration of justice, and of the 
 indispensable necessity for an establishment for assuring ihe 
 defence and safety of the province, we will lose no time in 
 resuming the consideration of these i: iportant objects ; and 
 in making such amendments to the existing laws, as may 
 best protect the persons and property of its inhabitants. 
 
 " By receiving from your excellency an account of the 
 receipt of the provincial revenues of the crown, we shall 
 be enabled to deliberate on the means by which they may 
 be rendered more productive ; and penetrated with grati- 
 tude to the parent state for having hitherto defrayed the 
 surplus expenditure of the province, we flatter ourselves that 
 in consideration of our situation, we shall continue to - 
 experience her generous assistance ; a hope further strength- ^ 
 ened by your excellency's intention of not requiring from 
 us any subsidy at present, which confirms the benevolence 
 of our mother country, 
 
 " In the infancy of our constitution we perceive the 
 necessity of the greater circumspection in the formation of 
 laws, that may tend to support and.establish it ; and also to 
 cultivate amongst the different branches of the legislature, 
 that cordial harmony and concord, so necessary to promote 
 those measures essential to the happiness and well-being 
 of our country". 
 
 The assembly, immediately after its meeting, 
 unanimously voted an address to his royal high- 
 ness Prince Edward, in the following terms : — 
 
 " The representatives of the province of Lower Canada, 
 deeply impressed with the most lively sen?e of the ardent 
 zeal and indefatigable activity, which your royal highness 
 displays on all occasions, for the protection of their property, 
 
148 
 
 Chap. ♦•^'^ security ol" their persons, and the defence of their 
 V. country ; take the liberty respectfully to approach your 
 
 ^-"v-w person, to offer you their thanks. 
 
 1793. "Sensibly affected at seeing the son of their sovereign, 
 discovering in the service which he has embraced, talents 
 worthy of the illustrious blood which flows in his veins ; 
 and manifesting the greatest desire of putting them in practice 
 with more effect against the attacks of the common enemy ; 
 they consider it their duty and owe it to justice to pay tribute 
 to such distinguished merit, by a public declaration of their 
 sentiments of respect and admiration. 
 
 " Accept therefore their most earnest wishes for the 
 preservation of your royal highness, and for your rapid 
 advancement in a profession to which you do honor.'* 
 
 To this address, presented by the house, on 
 the 15th November, to his royal highness, he 
 answered : — 
 
 " Gentlemen, — Be pleased to accept of my warmest 
 thanks for the very flattering proof, which you have given 
 me of your attachment to my j)erson, in presenting me your 
 address of this day. It is particularly gratifying to my 
 feelings, to find that my conduct has been such, as to merit 
 your good opinion, and to ensure me your esteem. I trust 
 you will not find me wanting in future endeavours to merit 
 ■ a continuance of the sentiments from you, which you have 
 expressed in a manner so particularly obliging. I look 
 forward with anxious expectation to the moment, when, if 
 I am called upon, to the more 'mmediate active service of 
 my country, I may prove to you, that, I shall ever exert 
 myself with redoubled zeal, when employed in a cause so 
 dear to me, as must ever be, the projection of your pro- 
 perty and persons, and the defence of your country. Once 
 more, gentlemen, allow me to assure you, that I shall ever 
 retain the most grateful sense, of the high honour conferred 
 on me this day, and must hope that you will remain per- 
 suaded that, while I must from duty ever feel the warmest 
 interest in your general welfare as a public body, — I shall 
 also consider myself as particularly fortunate whenever it 
 mav be in mv power to render service to anv one of vour 
 respectable body as individuals." 
 
149 
 
 of their 
 ch your 
 
 )vereign, 
 , talents 
 is veins ; 
 practice 
 enemy ; 
 ly tribute 
 n of their 
 
 i for the 
 )ur rapid 
 
 ir. 
 
 ?j 
 
 use, on 
 ^ss, he 
 
 warmest 
 ave given 
 g me your 
 ng to my 
 IS to merit 
 I trust 
 8 to merit 
 you have 
 I look 
 when, if 
 service of 
 sver exert 
 1 cause po 
 your pro- 
 y. Once 
 shall ever 
 conferred 
 main per- 
 3 warmest 
 ,-I shall 
 henever it 
 ne of vour 
 
 The Prince shortly after this,receiving notice c 
 of his promotion to the rank of major-general, ^ 
 and appointment to a command in the West "J 
 Indies, was presented, previous to his depar- 
 ture from Quebec, with several congratulatory 
 addresses of a most gratifying character. The 
 legislative council, the roman catholic clergy, 
 the citizens of Quebec, those of Montreal, and 
 the burgesses of William Henry, paid his royal 
 highness their respects in this manner, to whom 
 he responded feelingly and affectionately, for 
 the spontaneous proofs of esteem which, in 
 parting, they gave him, and which, in truth, 
 were not the effusions of adulation, but an 
 homage due by a grateful people to the intrinsic 
 virtues, unostentatious, social, and manly cha- 
 racter of a son of, as he truly was called, — 
 *' the best of sovereigns." 
 
 The judicature bill, of the previous session, 
 was taken up in the assembly, which, after 
 bestowing much attention on the subject, 
 brought it to maturity, as it also did the militia 
 bill ; which, repealing the ordinances on that 
 head, substituted in their stead provisions bet- 
 ter suited to the circumstances of the province. 
 An alien bill was also introduced and passed, 
 establishing " regulations respecting aliens and 
 certain subjects of his Majesty who have resid- 
 ed in France coming into this province and 
 residing therein, and for empowering his Ma- 
 jesty to secure and detain persons charged 
 with or suspected of high treason, and for the 
 arrest and commitment of all persons who may 
 
 n2 
 
 hap. 
 V. 
 
 793. 
 
 ; -1 
 
 \ ' ' ' 
 
 1 
 
 If-' 11 
 
150 
 
 V. 
 
 7lM 
 
 individually, by seditious practices, attempt to 
 disturb the government of this province.* 
 
 The following message was transmitted to 
 the assembly, by the governor-in-chief, on the 
 29th April, 1794 ; interesting, from its beinij; 
 the first finrncial statement laid before the 
 legishi \ 'e Lower Canada : — 
 
 " The ^- .etnc) has given directions for laying before the 
 liouse of as. .ably f \ account of the provincial revenue (>f 
 the crown from the co nmencement of the new constitution 
 to the 1 0th January 1794.. 
 
 "First, the casual and territorial revenue as e8ta!)iisheil 
 I)rior to the conquest, which his majesty has been most 
 graciously pleased to order to be apphetl towards defray in*: 
 the civil expenses of-the provirice. Tliis 'arises from various 
 T^ifFilsirppemrfirilg'ttJ- thB crown, some of which are not 
 now productive. The governor doubts not but the house 
 will bring forward measures to relieve the subject by other 
 fluties not objectionable, if raising the lods et ventes, droits 
 tie. quint, Sfc, up to the legal standard would prove oppres- 
 sive to the people. 
 
 * ft would seem by a proclamation of lord Dorchester, dated at 
 Quebec, the 26th November, 1793, that there were emissaries from 
 France, or others in the province, busying themselves in propagatiiii; 
 in it the revolutionary principles of that country in those times. The 
 proclamation alluded to stated, that " Whereas divers evil disposed per- 
 " sons had lately manifested seditious and wicked attempts to alienate 
 " the affections of his Majesty's loyal subjects, by false representa- 
 " tions of the cause and conduct of the persons at present exercising 
 " the supreme authority in France, and particularly certain foreigners. 
 " being alien onemies, who are lurking and lie concealed in various 
 " j)arts of this province, acting in concert with persons in foreign 
 "dominions, with a view to forward the criminal purposes of such 
 " persons, enemies of ihe peace and happiness of the inhabitrints of this 
 " province, and of all religion, government and order," — His excel- 
 lency therefore, required all magistrates in and throughout "he province, 
 captains of militia, peace officers, and others her Majesty's good sub- 
 jects, to be vigilant, and to do their utmost to discover and secure all 
 and every person who might hold seditious discourses, or utter trea- 
 sonable words, spread false news, publish or distribute libellous papers, 
 written or printed, tending to excite discontent, or lessen the affiec- 
 tions of his Majesty's subjects, or in any manner to disturb the peace 
 and happiness under his Majesty's government in ^his colony, &c. 
 
151 
 
 3mpt to 
 
 itted to 
 , on the 
 s beinii; 
 )re the 
 
 before thi' 
 e venue v( 
 mstitutioii 
 
 stahlishecl 
 jeen nios^t 
 defray in*r 
 m varions 
 h are not 
 ihe house 
 by other 
 cs, droits 
 re oppres- 
 
 r, dated nt 
 isaries from 
 )ropag:atinji 
 mes. The 
 sposed per- 
 to alienate 
 representa- 
 exercisintr 
 foreigners, 
 in various 
 in foreign 
 e? of siich 
 hn'is of this 
 His excel- 
 e province, 
 good sub- 
 secure all 
 utter trea- 
 ms papers, 
 the affec- 
 the peace 
 
 " Secondly, — The duties payable to his majesty under 
 the act of the Hth year of his rei^^n^ chap. 88, on articles 
 imported into the province of Quebec, and on licences 
 granted to persons lor retailing .spirituous liquors. As soon 
 as the provinces of Upper Canada and Lower Canada'sTiSn 
 have passed la\ys laying tlie same or ottiftr duties to an 
 equaTamdiiht to those which are payable tirtderthi« act, and 
 such laws shall have obtained the royal assent, the king's 
 ministers will be ready to propose to parliament a repeal of 
 the act abovementioned, 
 
 " Thirdly,— The duties imposed by the provincial legisla- 
 ture, with the appropriation and balance. 
 
 " Fourthly, — Amount of cash received, arising from ^e- 
 and forfeitures imposed by the courts of justice. 
 
 Fifthly,— The naval officer's returns inwards sin' tlu 
 division of the province, which were originally intp '^l asi 
 a check on the customs, but seem not to answer the .m-l 
 proposed. The governor relies on the wisdom anf' loyalty 
 of the house, that while they select proper objects c a xury 
 for raising those aids, the public exigencies may require, 
 they will, at the same time, bring forward arrangements to 
 prevent all irregularities from creeping into the receipt of the 
 public revenue. The true measure of the burthen laid upc n 
 the people by any tax or duty being the gross sum taken out 
 of the pocket of the subject on that account ; — this gross 
 sum should fully appear ; — the aid given thereby to the state 
 is the balance which remains in the public coffers, after all 
 the expenses occasioned in the collection are paid. More 
 effectually to prevent any abuse from connecting itself with 
 the receipt, the governor recommends that no part of the 
 burthen be suffered to lie concealed under the name of fees, 
 perquisites, gratuities, &c., but that the whole of the monies 
 drawn from the subject be lodged in the public coffers, and 
 proper compensation for the collection be openly issueil 
 therefrom, by warrant under the signature of the governor 
 or person administering the government. — That the house 
 may better judge the burthen laid on the people, and the aid 
 granted to the state, the governor has given directions that 
 the annual accounts of the provincial revenue of the crown 
 be accompanied by 
 
 Sixthly, — A statement of the monies taken out of the poc- 
 
 Chap. 
 V. 
 
 171M. 
 
 m 
 
 
 I 
 
 ,. aa 
 
152 
 
 Chap ^®^ of the subject on this account ; — its progress antl tlidii- 
 V. nution before it lodges in the public coffers, with the after 
 v-*-v-*^ diminution on account of the collection, that every circum- 
 ,1794. stance of this iniportant business may be constantly before 
 their eyes;— that in the outset of the constitution and its 
 progress, ihey may guard this important branch from those 
 corruptions and abuses which have brought so many mise- 
 ries of other nations."* 
 
 • It is unnecessary to introtluce here the whole ol' the details alhid- 
 ed to in his excellency's message, hut the followinj; skeUh niuy not 
 l>e amiss : — 
 
 The <i;ros3 receipts, from the different sources constituting the 
 provincial revenue, Irom 26th December, 1791, to 24fh December, 
 1792, as laid before the assembly, by order of lord Dorchester, were 
 as follows, viz : — 
 
 Casual and territorial 
 
 revenue, - £ 720 
 
 Duties by act 14 G. 3. 
 Licences by do. 
 
 3771 
 1013 
 
 9 
 
 8 
 
 0— leaving, after ex- 
 penses of collec'- 
 tion and other de- 
 ductions, net £ 712 
 7 Ditto, 3241 
 
 Ditto, 1003 
 
 16 
 
 10 
 
 5 
 
 (i 
 5 
 
 4 
 
 Gross stg. je5504 17 
 
 Net stg. £49f>7 1 1 9 
 
 And from 25th December, 1792. to 5th January, 179), the fol- 
 
 lowing : — 
 
 Gross casual and territorial 
 
 revenue, - - £ 389 7 8^ 
 
 Duties of 14 Geo. 3., 5692 3 8 
 
 Licenses by do. - 754 4 
 
 Duties by the legislature, 1613 6 1 
 
 Fines and forfeitures, 174 3 6^ 
 
 NetX 38r 
 
 9 
 
 10^ 
 
 4926 
 
 19 
 
 6 
 
 746 
 
 13 
 
 2 
 
 1478 
 
 3 
 
 11 
 
 172 
 
 8 
 
 Hi 
 
 Gross stg. £8623 5 Net stg. X7709 15 2 
 
 Such at this period, the outset of the constitution, was the revenue of 
 Lower Canada, (but it owed nothing) insufficient, by some thousands, 
 to defray the expenses, of its civil government, stated generally at 
 "about twenty-five thousand,pounds,annually." By the public accounts 
 laid before the assembly of Lower Canada in the session of 1835-6. 
 (the last, previous to the union, that were submitted to it .owing to Ihr 
 repudiation of its functions by the body.) the gross amount of reveniif. 
 for the year ended 10th October, 1835, was £205,910, currency, lea\- 
 ing, after deducting all expenses of collection, incidents, drawbacks, 
 and £54,876 to Upper Canada, for its portion of tiie duties levied in tbf 
 Jower province, a net amount of £140,747, currency. The 
 
 
 revenue 
 
and didii- 
 ih the after 
 ■ry circuni- 
 •>tly before 
 an anil its 
 from those 
 '»any mise- 
 
 'Iftails alliKl- 
 loh niiiy not 
 
 litutin<,' thf 
 
 Dect'mher. 
 
 ficster, •wprc 
 
 ; 712 16 (i 
 3211 10 5 
 1003 ') .1 
 
 •495 
 
 7 1 
 
 1 9 
 
 91, 
 
 the 
 
 lol- 
 
 is- 
 
 92G 
 746 
 478 
 172 
 
 !) 
 1.9 
 13 
 
 3 
 
 8 
 
 lop 
 
 6 
 
 2 
 11 
 
 Hi 
 
 709 15 2 
 
 ' revenue of 
 ' thousands. 
 :enerally at 
 lie accounts 
 of 1835-6. 
 ^•in<,' to thf 
 of rtvenuf. 
 ency, Iea\ - 
 
 fli aw backs. 
 ?vied inthf 
 le revenue 
 
 153 
 
 The house, by an address, thanked his chap 
 excellency for the message and papers acconi- ^ 
 panying it, observing, that they saw in it an j^^, 
 additional proof of the paternal solicitude of 
 his Majesty to ease the burthen of his subjects, 
 and of his excellency's anxiety to promote thu 
 interests of this province ; and that the magni- 
 tude and utility of the objects recommended to 
 their consideration, could not fail engaging; 
 their serious attention, as soon as the impor- 
 tant matters now before them and in a state ot 
 progression were accomplished ; but that the 
 very advanced period of the session hardly 
 afforded a hope that discussions and examina- 
 tions of such consequence in their nature, and 
 necessarily requiring much time and delibera- 
 tion, could be entered upon this session, with 
 any prospect of effect, and they therefore 
 anticipated the necessity of postponing them 
 to the next, when they would obtain their 
 earliest consideration. 
 
 During this session, Mr. Panet, the speaker 
 of the assembly, being appointed, by lord Dor- 
 chester, one of his Majesty's judges of the 
 court of common pleas, the house was inform- 
 ed (28th January,) of the circumstance, by 
 message from his excellency, who also stated 
 tbat, as Mr. Panet's duty as such, might cause 
 iiis absence occasionally to interfere with that of 
 
 of United Canada for tiie year 1846 was £512,993, currency. — saddled, 
 however, with a public debt, the annual interest whereof is staled in 
 the public accounts laid before parliament, ut the late session (.huie, 
 1847,) at £145,244, and of course, on the increase. 
 
 i, i>l 
 
 
1794. 
 
 n 
 
 154 
 
 Chap, speaker, his excellency, that there might be no 
 ^' delay to puu.ic business, gave leave to the 
 house to proceed to the choice of another 
 speaker. The house chose, by an unanimous 
 vote,Chartier de Lotbini{;re, esquire, itsspeaker, 
 and the governor confirmed the choice. The 
 appointment of Mr. Panet, however, did not 
 take place, that gentleman, whose residence 
 was in Quebec, prefering to relinquish the 
 appointment conferred upon him, to a transfer 
 of his domicile to Montreal, where his apprint- 
 ment would have obliged him to reside, and he 
 consequently retained his seat as a member of 
 the assembly to the end of the parliament. 
 
 The session was closed on the 31st May, 1794, 
 lord Dorchester giving the royal assent to five 
 bills, including those noticed above, (with the 
 exception of the judicature bill, which being re- 
 served for the royal pleasure,did not become law 
 until December following,) and one for appoint- 
 ing commissioners to treat with commissioners 
 on behalf of Upper Canada, relating to duties 
 or drawbacks to be allowed that province on 
 importations through the lower province. 
 
 The following was his excellency's speech 
 on proroguing the parliament : — 
 
 " Gentlemen of the legislative council and gentlemen of 
 the house of assembly, — I have no doubt that on retumirg 
 to your respective homes, you will zealously dittuse among 
 all ranks of people, those principles of justice, patriotism 
 and loyalty, which have distinguished your public labours 
 during this session; and that you will use your best exer- 
 tions to find out and bring to justice, those evil disposed 
 persons, who, by inflammatory discourses, or the spreading of 
 seditious writings, endeavour to deceive the unwary and 
 
 disturl 
 
 will 
 
 fellow 
 
 free a I 
 
 (.l)ediJ 
 
 inexci 
 
 safe 
 
 foundl 
 
155 
 
 5ht be no 
 e to the 
 
 another 
 lanimous 
 speaker, 
 e. The 
 
 did not 
 esidence 
 uish the 
 i transfer 
 apprint- 
 ?, and he 
 ?mbcr of 
 lent. 
 
 ay, 1794, 
 It to five 
 with the 
 eing re- 
 omelaw 
 appoint- 
 ssioners 
 duties 
 ince on 
 
 e. 
 
 speech 
 
 itlemen of 
 returnirg 
 se among 
 patriotism 
 io labours 
 best exer- 
 dispoged 
 reading of 
 wary and 
 
 disturb the peace and good order of society ; — and that you chup. 
 will avail yourselves of every opportunity to convince your V. 
 fellow subjects that the blessings they enjoy under a truly ^.^-v-*-' 
 free and happy constitution, can be preserved only by a due ^7i>r». 
 ol)edience to the laws, all breaches of which are the more 
 inexcusable, as the constitution itself has provided for the 
 safe and easy repeal or modification of such as may be 
 found not to answer the good intentions of the legislature. 
 " The success of his Majesty's arms in the West Indies, 
 is an event that on every account must afford you great 
 satisfaction, particularly as it holds out a prospect of the 
 most important commercial advantages to this* province, as 
 well as to the rest of his Majesty's dominions." 
 
 From the close of this to the opening of the 
 following session, we find nothing in the occur- 
 rences of the time of any great interest. 
 
 His excellency lord Dorchester again met 
 the parliament on the 5lh January, 1795, which 
 he opened with the speech following : — 
 
 " Gentlemen,— The attention manifested by you during 
 the last session of the legislature, to provide for the internal 
 tranquillity of the province, as wed as for its protection 
 against hostile attempts from without, leaves me no room to 
 doubt of your continuing the same laudable vigilance so long 
 as we may be threatened by war, or by a calamity more 
 dreadful than war, the present system of political hypocrisy 
 contrived to delude the multitude, and render them instru- 
 ments of their own misery and destruction. 
 
 ** Gentlemen, — I shall order to be laid before you a state- 
 ment of the provincial revenue of the crown, for the last 
 year, together vith such part of the expenditure as may 
 enable you to e>:timate the ways and means for the most 
 necessary supplies ; in bringing forward of which you will 
 keep in view the advantages of providing for the public 
 exigencies, by a prudent restraint on luxury, and by regula- 
 tions which may, at the same time, encourage and extend 
 our commerce. 
 
 *' Gentlemen,— The judges and law officers of the crown 
 have been directed to draw up and report their opinion on 
 
 
 K^ 
 
 'it 
 
Chap. 
 V. 
 
 17i).j, 
 
 
 ill 
 
 156 
 
 the subject of your aodress lo me of the 2Sth day of May 
 last ;* and 1 have much satisfaction in perceiving this early 
 disposition on your part, to prevent and guard against 
 abuses which might impede the course of justice, or give 
 rise to customs that would establish oppressive demands, 
 and gradually efface from our minds a due sense of their 
 unwarrantable origin. 
 
 " Your own disinterested conduct in your legislative capa- 
 city ; — your zealous endeavours to promote a general obe- 
 dience to the laws, connected with a benevolent attention to 
 the interests of the subject, — form a solid foundation for 
 ;:;overnment, and afford me great hopes that our new con- 
 stitution will be firmly established, and ensure, for ages to 
 come, the happiness of the people.." 
 
 The foresight, the rectitude, the wisdom, of 
 this most upright man and virtuous governor, 
 cannot fail to strike the reader and command 
 his admiration and respect. 
 
 The address in answer was an echo to this, 
 the assembly observing in conclusion : — '' It is 
 highly flattering to us that our conduct in our 
 legislative capacity has met with your excel- 
 lency's approbation. Being thoroughly sensi- 
 ble of the happiness we enjoy under the free 
 and liberal constitution which has been grant- 
 ed us by the parent state, under your excel- 
 lency's prudent and wise administration, we 
 will continue to exert our most zealous endea- 
 vours to promote a general obedience to the 
 laws, and to establish that constitution in such 
 a manner as may ensure, for ages to come, the 
 happiness of the people." How fallacious are 
 
 n o 
 
 ^ •' Thisrfelated to the establishment of forms of proceeding in tht 
 . courts of justice: and a table of fees^ to which the different civil officers, 
 'adyocates,' notaries ^nd land sui;,veyors should be entitled, in their res- 
 pective offices.- ..' . ",. " o 
 
 the 
 Sc 
 wh 
 
1 day of IVlay 
 ^ing this early 
 ^uard against 
 istice, or give 
 ive demands, 
 ense of their 
 
 ;islative capa- 
 general obe- 
 it attention to 
 lundation for 
 ur new con- 
 fer ages to 
 
 wisdom, of 
 governor, 
 command 
 
 bo to this, 
 1 ;— *' It is 
 uct in our 
 'ur excel- 
 ;hly sensi- 
 'r the free 
 3en grant- 
 3ur exce!- 
 ition, we 
 us endea- 
 ice to the 
 n in such 
 come, the 
 icious are 
 
 -eeding in the 
 It civil officers, 
 d, in their res- 
 
 
 157 
 
 the prospects and the best hopes of men ! — chap. 
 Scarcely had that generation passed away, ^ 
 when the constitution, so cherished, had lost ^795! 
 all its charms, was repudiated, and the demon 
 discord, which for want of a more appropriate 
 term we call civil, but of most uncivil aspect, 
 was abroad and stalking over the land, preparing 
 the horrors of intestine war,with fire and sword. 
 However expert, ** dans les formes,^^ their suc- 
 cessors may have grown by experience, they 
 were wanting " aufond,^^ in the wisdom which, 
 at this period, guided the public counsels of 
 the men whose professions we are now scan- 
 ning, and which there is every reason to 
 believe were hearty and sincere. The politi- 
 cal mania that afterwards seized upon the 
 masses, and the corrupt doctrines springing 
 from it, preached by the new brood of politi- 
 cians, that some few parliaments after this, 
 succeeded those prudent and truly patriotic 
 men, were unknown to, and would have been 
 spurned by them. 
 
 On the 16th February, the governor sent 
 down the public accounts, now for the first time 
 laid before the assembly, with the message to 
 be found below.* The expenses of the civil 
 
 « i< 
 
 The governor has given directions for laying before the house of 
 assenribly, the accounts of the provincial revenueof the crown, from 
 the 6th January, 1794, to 5th January, 1795, also of the civil expendi- 
 ture for the same period. 
 No, 1 . — Cash received for isual and territorial revenue, between 6th 
 
 January, 1794, and5th January, 1795. 
 No. 2. — Ditto for duties and licenses under the act of the 14th of hit 
 
 Majesty, between ditto and ditto. 
 No. 3. — Ditto arising from fines imposed by the courts of justice, 
 
 between ditto and ditto • 
 
 i 
 
 ■1 
 
 iy. 
 
 ,1 
 
 1 
 
 -1 
 * 
 
 1 
 
 ^Wt* 
 
 1 
 
 1 
 
 I 
 
 , 
 
 ^ 
 
 
 I 
 
 
 ^'j 
 
 
158 
 
 I hap. government of the province, for the year end- 
 J^ ing the 5th January, 1795, it appears by these 
 1795. were £19,985, and the estimate for the follow- 
 ing year was <£ 19,993, sterling. The House 
 
 No. 4. — Ditto for duties under the act of the province, between ditto 
 
 and ditto. 
 No. 5. — An annual statement to shew the net remain of duty after the 
 expense of the collection, compared with what is taken out of the 
 pocket of the subject, with the progress of the diminution before 
 and after it gets into the pulilic coffers, between ditto and ditto. 
 N'ps. 6 & 7. — Accounts of part of the civil expenditure of last year, 
 and by which it will appear, that the expenses have exceeded 
 the revenues, in the sum of sixteen thousand one hundred and 
 twenty-two pounds twelve shillings and two pence three farthings. 
 No. 8. — Estimate of such part of the civil expenditure for the ensuing 
 year, as may enable the house of assembly to calculate the ways 
 and means for the most necessary supplies, all the pensions 
 amounting to one thousand seven hundred and eighty-two pounds 
 , six shillings and seven-pence sterling, though chiefly granted for 
 services rendered to Canada, are deducted, these services being 
 considered as rendered to the empire at large ; it is from thence, 
 therefore, their reward with other acts of benevolence may be 
 fxpected to flow. The salaries of sundry oflicers to the amount 
 of seven hundred and eighty-two pounds ten shillings, appearing 
 to belong to the military rather than the civil expenditure are also 
 deducted. 
 The governor doubts not the readiness of the house to grant such 
 aids on account of this expenditure, as may be most easily raised by 
 imposts on articles of luxury without being injurious to commerce. 
 
 No. 9 to 20. — The governor has also directed to be laid belore the 
 h'Hise of assembly, the accounts of duties received by the collector of 
 the customs, by virtue of several acts of parliament passed in the 25th 
 year of Charles 2d, chap. 7 ; 6th George 2d, chap. 13 ; 4th George 3d, 
 chap. 15 ; and 6th George 3d, chap. 52, for the years 1792, 1793, and 
 1794, which shew the several articles of commerce on which duties at 
 present are laid, the net proceeds whereof, amounting to six hundred 
 and eighty-eight pounds, one shilling and one penny farthing, per 
 fNo. 21] annum, as per statement, are paid into the receipt of his 
 Majesty's exchequer in Great Britain, " to be there entered separate 
 ••' and apart from all other monies, to be reserved to be from time to 
 '* time disposed of by parliament towards defraying the necessarj 
 " expenses of defending, protecting and securing the british colonies 
 " and plantations in America." But supposing these as well as the 
 other revenues collected in the province had been, in the first instance, 
 appropriated to the defraying the expenses thereof, the expenditure 
 has still exceeded the receipts in the sum of fifteen thousand four hun- 
 dred I nd thirty-four pounds eleven shillings and one penny halfpenny 
 vtevling." 
 
 « 
 
(rear end- 
 by these 
 le foUow- 
 e House 
 
 between ditto 
 
 duty after the 
 ken out of the 
 inution before 
 litto and ditto. 
 5 of last year, 
 lave exceeded 
 B hundred and 
 iree farthings, 
 or the ensuing 
 ilate the ways 
 1 the pensions 
 ty-two pounds 
 fly granted for 
 services being 
 I from thence, 
 olence may be 
 to the amount 
 gs, appearing 
 iditure are also 
 
 to grant such 
 
 isily raised by 
 
 commerce. 
 
 aid belore the 
 
 le collector of 
 
 sed in the 25th 
 
 th George 3d, 
 
 r92, 1793, and 
 
 vhich duties at 
 
 to six hundred 
 
 farthing, per 
 
 receipt of his 
 
 tered separate 
 
 from time to 
 
 he necessary 
 
 ritish colonies 
 
 as well as the 
 
 first instance, 
 
 expenditure 
 
 and four hun- 
 
 ay half penny 
 
 1795. 
 
 159 
 
 went into committee of supply and ways and chap 
 means, with the view to provide (he necessary ^ 
 funds, as far as the resources of the province 
 would admit, and made provision accordingly. 
 After voting the reimbursement to the military 
 chest, of some .£638, advanced from it towards 
 defraying the salaries of the officers and 
 contingencies of the legislative council and 
 assembly, and for certain repairs to the build- 
 ing in which the assembly sat, (the Eveche, or 
 old roman catholic episcopal palace,) they voted 
 " that the sum of cf 5,000, sterling, be granted 
 " to his Majesty towards defraying the admi- 
 " nistration of justice and support of the civil 
 " government of this province, for each year, 
 " to count from the 5th of January, 1 795, and 
 *' in future." 
 
 The commissioners appointed under the act 
 of last session, to treat with commissioners on 
 behalf of Upper Canada, concerning duties and 
 drawbacks to be allowed in favor of that pro- 
 vince, reported that they had met and finally 
 adjusted with them the sum to be reimbursed 
 to Upper Canada, for the years 1793 and 1 794. 
 They stated, that being, as well as those from 
 the other province, " authorised to enter into 
 an agreement for a further period, and being 
 equally desirous to treat on the subject, which, 
 if unprovided for, might give rise to difficuhies 
 hereafter ; bei»^g, at the same time, most soli- 
 citous on both sides, to preserve the harmony 
 and cordiality which prevail between the two 
 provinces, the article in the provisional agree- 
 
 ttn 
 
 Ejj 
 
 
 !'}1 
 
r-~-qt 
 
 1795. 
 
 160 
 
 Chap, ment for two years was cheerfully assented to; 
 ^ by that article the province of Upper Canada 
 is entitled to one-eighth part of ihe revenue 
 already payable, or that may become payable 
 on goods, wares or merchandise coming into 
 Lower Canada, under an act of the legislature 
 thereof, and to assure the most perfect free- 
 dom of intercourse and trade with our sister 
 province, it is provided that no imposts or 
 duties shali be laid by Upper Canada, which 
 not only renders unnecessary the establishing 
 of custom-houses on the line which divides the 
 two provinces, but saves to both an expense 
 that, in all probability, would far exceed any 
 trifle of revenue that this agreement may take 
 from one or the other of the provinces more 
 than their absolute proportion."* 
 
 • " The commissioners having met and communicated to pach other 
 their respective powers and authorities, and having tak'fii into consi- 
 deration and maturely weighe(' rertain statements of revenue raised 
 in the province of Lower Cr.. . "'>, in the years one thousand seven 
 hundred and ninety-three and one lousand seven hundred and ninety- 
 four, and certain ilatement. -'T ;.e exportation of part of the wines 
 into the province of Upper Canada, also the apparent population and 
 relative situation of those provinces respectively, have unanimously 
 agreed ; — 
 
 1. That the province of Lower Canada, shall be and hereby is made 
 accountable to the province of Upper Canada, in full of all rights, 
 claims and demands which the said province of Upper Canada , may 
 have on the province of Lower Canada, by reason of the duties levied 
 upon wines, in the years one thousand seven hundred and ninety-three 
 and one thousand seven hundred and ninety-four, under an act of the 
 legislature of Lower Canada, passed in the thirty-third year of his 
 Majesty's reign, entituled " an act to establish a fund for paying the 
 salaries of the officers of the legislative council and assembly, and for 
 iiefraying the contingent expenses thereof," in the sum of three hun- 
 dred and thirty-three pounds four shillings and two pence currency ; 
 which said sum shall be paid into the hands of such person or persons 
 as may bt app'' .iited on the part of Upper Canada. 
 
 A. The legislature of Upper CanadrX, will not impose any duties 
 whatever or any gootls. wares, or merchandise imported into Lower 
 
161 
 
 ril 
 
 Several important acts were passed this (hap. 
 session, among them two of revenue, ior ^ 
 defraying the charges of the administration of i^^^ 
 justice and support of the civil government of 
 the province, and other purposes. The speaker, 
 Chartier Be Lotbiniere, esquire, in presenting 
 those bills for the royal assent, according to 
 usage and the privileges of the commons, ad- 
 dressed his excellency : — 
 
 " In a pecuniary point of view, my lord, this supply can 
 he an object but of small amount to his Majesty ; but when 
 the slender abilities of our constituents are considtred, and 
 that it is presented as a tribute of gratitude, for the happi- 
 ness which we enjoy under the fostering care and protec- 
 tion of the parent state, and the benign influence of that 
 constitution which has been accorded to us, upon a model 
 of perfect practical excellence ; it thence assumes an im- 
 portance, that we doubt not our most gracious sovereign, 
 
 Canada, and passing into Upper Canada, but will allow and admit the 
 legislature of Lower Canada, to impose and levy such reasonable du- 
 ties on such goods, wares and merchanJise aforesaid as they may judgf 
 expedient for the raising a revenue within the province of Lower 
 Canada. 
 
 III. That of guch duties as the legislature of Lower Canada has 
 already imposed or may hereafter impose on goods, wares and mer- 
 rhandise coming into the province of Lower Canada, the province of 
 Upper Canada, shall be entitled to receive annually, andto<' ,)ose of 
 one-eighth part of their net produce for the use and benefit he said 
 province of Upper Canada, the other seven-eighths remainiii^ for the 
 use of Lower Canada. 
 
 IV. That there shall annually, in the month of December, or a.^ 
 soon afterwards as possible, be furnished to the lieutenant governor or 
 person administering the government of the province of Tapper Canada, 
 for the time being, duplicates of the accounts of all dutie that now are 
 or hereafter may be imposed by the legislature of Lower Canada. 
 
 V. That this agreement is to continue and be in force until the last 
 day of December, which will be in the year of our lord one thousand 
 seven hundred and ninety-six, and no longer. 
 
 This done and concluded at Montreal, this eighteenth day of Feb- 
 ruary, one thousand seven hundred and iiinety-live, having signed sii 
 copies of the same tenor and date. " 
 
 o2 
 
 f '1 
 
162 
 
 i\ !;i 
 
 f^l^ap and llie magnanimous and generous nation which he governs, 
 
 V. will measure only by our intentions. 
 ^-*~v-»^ " On such n.n occasion, my lord, I cannot but consider it 
 17.45. a very singular happiness to myself, that the first bills which, 
 by command of the assembly of Lower Canada, I have the 
 honor to present to your excellency, have passed with a 
 degree of zeal and unanimity, that evinces the v^armest sen- 
 timents of attachment and duty to his Majesty, and esteem 
 and respect for your lordship's administration. 
 
 " If I omitted to represent a circumstance so creditable 
 to the assembly and to this province ; I should ill discharge 
 the trust which they reposed in me, and which your lord- 
 shij) so graciously confirmed. t. . ■ , , , 
 
 " In forming the first bill, the assembly were solicitous to 
 select such objects of revenue, as are calculated to bear the 
 least oppressively on the community : the greater number of 
 ariirles subjected to duties are acknowledged luxuries in 
 most countries ; and only one (salt) is considered in any, us 
 of necessity j that circumstance, however, is far more than 
 compensated, by its being an article so generally diffused, 
 tliat each individual will pay ^^ut a trifle ; by the certainty 
 of me <!ollection of the impost thereon ; by the impractica- 
 bility of smuggling so bulky a commodity, and by the consi- 
 deration that it can still be furnished to the consumer,, at a 
 price below that of almost any other country : hence it 
 became a very fair object of revenue. 
 
 *' The O'.her bill of supply, which I have the honor to 
 present to your excellency, is formed upon the principle of 
 combining revenue with regulation, in order to prevent abuses 
 in certain occupations, and to render them of utility to the 
 province. 
 
 " The bills, my lord, which I have in my hand are inti- 
 tule I, -' an act for granting to his Majesty additional and 
 ne'v dot'a«i cc certain goods, r/ares and merchandises, and 
 for appr'^vriai'ng the same towards further defraying the 
 charges of iho administration of justice and support of the 
 civil government within this province, and for other purposes 
 therein mentioned," and ** an act for granting to his Ma- 
 jesty duties Oil licenses to hawkers, pedlars and petty chap- 
 men, and for regulating their trade ; and for granting addi- 
 tional duties on hcenses to persons for keeping houses of 
 
 I 
 
umer, at a 
 
 1C3 
 
 public entertainment, or for retailing wine, brandy, rum, or q^ 
 any other spirituous liquors in this province, and for regu- v. 
 lating the same ; and for repealing the act or ordinance «.*^v^ 
 therein mentioned ;" to which the assembly humbly be- 1795, 
 seeches your excellency to give the royal assent in his 
 Majesty's name.'" 
 
 His excellency prorogued the legislature, on 
 the 7th May, much gratified, as may be seen in 
 the terms of his speech, at the result of the 
 session. The speeches of lord Dorchester, 
 being invariably short, and to the purpose, 
 the reader will not, in running over this, 
 think the time he may bestow in the perusal 
 lost : — 
 
 *« Gentlemen, — I cannot put an end to this session of our 
 provincial parliament, without expressing my approbation 
 and thanks for that zeal for the public welfare, which has 
 distinguished all your proceedings. 
 
 Gentlemen of the house of assembly, — The cheerfulness 
 with which you have granted a supply towards defraying 
 the civil expenditure of the province, gives me great satis- 
 faction, the judicious choice you have made of the means 
 for this purpose, evinces a tender regard for the interests 
 and condition of this country ; and the unanimity you have 
 manifested in this tribute of gratitude and attachment to the 
 king's government, cannot but be highly pleasing to his 
 Majesty. 
 
 " Gentlemen, — The assiduous and earnest attention to the 
 public good, which you have collectively exerted during the 
 course of a long session, renders it unnecessary for me to 
 recommend a continuance of the same laudable spirit in the 
 ililTerent parts of the country where your several private 
 avocations may now call you : you will there have the 
 opportunity individually to inculcate the advantages arising 
 from habits of order, industry and sobriety, which must evi- 
 dently tend; as well to the particular benefit of the people, 
 as to the general prosperity of the province." 
 
 'ill 
 
 1: 
 
 M 
 
 
 : I 
 
il 
 
 161 
 
 Chap. The gross amount of the revenues of the 
 ^ present year, that is to say, of the year ending 
 
 "7^ the 5th January, 1796, was <£ 1 1,141 6s. Id., 
 currency, and the net amount remaining, after 
 all expenses of collection were paid, «£ 10,425 
 18s., derived from the following sources, viz : — 
 
 Caaual and territorial, - £ 441 13 4 gross,— net £ 434 4 1 
 Duties by 14 Geo. 3, ch. 88, 2r)0(> 15 4 do. do. 2125 5 8 
 Licenses under do. 898 do. do. 882 16 (i 
 
 Duties by prov. parliament. 
 
 under act 33d ol H. M. . 11 32 1 4 
 
 Do. act 35th of H. M.. 6039 19 
 
 Fines, ... 128 3 
 
 8 do. 
 
 4 do. 
 
 5 do. 
 
 do. 
 do. 
 
 6857 11 
 126 
 
 8 
 1 
 
 £11141 6 1 
 
 £10425 18 
 
 The civil expenditure of the province for the 
 year 1795, was £24,71 1, currency, — including 
 JC1205 2s. lOd., to Upper Canada, for its por- 
 tion of the duties levied in Lower Canada. 
 
 The salaries of the officers of the legislative 
 council and assembly, and contingent expenses 
 thereof, for the year 1795, amounted toil 565, 
 currency ; the fund to cover which, under the 
 act passed for the purpose (33d Geo. III.) as 
 seen above, realizing only -Cl 132. 
 
 ,11 
 
! 
 
 ucs of the 
 ear ending 
 I 6s. Id., 
 ning, after 
 . c£ 10,425 
 pes, viz :— 
 
 X 434 4 I 
 
 2125 f) 8 
 
 882 16 6 
 
 6857 11 8 
 126 I 
 
 165 
 
 i^l0425 18 
 
 ice for the 
 -including 
 or its por- 
 inada. 
 legislative 
 expenses 
 to £1565, 
 under the 
 ). III.) as 
 
 
 - 1 • ^ CHAPTER VI. 
 
 Parliament meets — aketch of the speccli— ami of the adilress 
 in answer to it — new road-law bill — lods et vtnies^ droit 
 de guintf &c , and petition relating to tbem — hills passed 
 — one relating to the revenue reLi^rved —prorogation — 
 fjord Dorchester embarks on leave of absence, for Eng- 
 land, in the Active frigate — wrecked or; Anticosti — 
 succeeded by Mr. Pre-cott, as lieutenant governor — • 
 general elections — members relurncu-- nieetingof the new 
 parliament — proceedings — lieutenant governor appointed 
 governor in chief— congratulated by the assembly on his 
 appointment— bills passed during the session — proroga- 
 tion—miscellaneous — trial and execution of McLane, for 
 high treason — financial statements. 
 
 These details will, to most readers, bechnp. 
 heavy and uninteresting, but they are, never- ^^^ 
 theless, essential to the proper understanding of 1795. 
 the subject we are upon. If they could,with pro- 
 priety, be seasoned with something more racy 
 than mere politics, the writer would take pleasure 
 in indulging his readers in as liberal a sprink- 
 ling of matter foreign to them, as the subject 
 could bear. But it is one, be it always remem- 
 bered, of facts — of history, if we may so dignify 
 it, and not of romance, and the gravity belong- 
 ing to it, must not be lost sight of. If now and 
 then we do deviate, the deviation will be but 
 momentary and little from the track, to which 
 we shall invariably keep an eye, returning to 
 it as soon as possible. 
 
 ri 
 
 ■ il 
 
 i [It 
 
 i 
 
 •I: 
 
 i 
 
 
166 
 
 W 
 
 !! li' 
 
 Chap. Lord Dorchester again met his parliament 
 ^'- on the 20th November. After alluding to the 
 TraT deficiency in the late harvest in Europe, and 
 that in Canada, whereby he had found it neces- 
 sary to prohibit, till the 10th December, the 
 exportation of wheat and bread stuffs, he r'^'com- 
 mended to their consideration whether any 
 thing further could be done to prevent the 
 distresses with which this failure might threaten 
 the poor. 
 
 His excellency, in informing the assembly 
 that he would order tu be laid before them a 
 statement of the provincial revenue of the 
 crown, together with the annual expenditure, 
 observed, that " the simplifying of all the regu- 
 lations concerning the revenue, by such mode 
 as circumstances may render most expedient, 
 and the providing such prudent restraints as 
 may prevent its unauthorised diminution, are 
 matters highly deserving your most serious 
 consideration. 
 
 ** Gentlemen of the legislative council, and 
 gentlemen of the assembly, — After pointing out 
 to you the advantages arising from a revenue 
 formed on judicious principles and vigilantly 
 guarded against abuse, I have nothing to recom- 
 mend more deserving your immediate attention 
 than a w ell-regulated militia : — this is the con- 
 stitutional guard to which the magistrate should 
 have recourse if, at any time, extraordinary aid 
 should be found necessary to enforce the laws, 
 or to maintain internal tranquillity : — this alone 
 can secure to you respect from without, and. 
 
 thi 
 su 
 vol 
 
 Mi 
 
arliament 
 ng to the 
 3pe, and 
 it licces- 
 iber, the 
 e r'^com- 
 her any 
 vent the 
 threaten 
 
 issembly 
 * them a 
 of the 
 inditure, 
 tie regu- 
 :h nriode 
 3edient, 
 aints as 
 ion, are 
 serious 
 
 :il, and 
 ing out 
 eVenue 
 ilantly 
 'ecom- 
 tention 
 e con- 
 should 
 iry aid 
 i laws, 
 i alone 
 , and, 
 
 
 1795. 
 
 167 
 
 assisted by the regular troops, will afford effec- chap 
 tual defence against the open attempts of ^*' 
 external enemies." 
 
 The address of the assembly to his excel- 
 lency corresponded with the speech : — " Im- 
 pressed" — said they — " with a sense of the 
 propriety of securing to Great Britain and her 
 dependencies, in the time of scarcity, all the 
 grain and other articles of sustenance which 
 this province can afford beyond its own con- 
 sumption, we cannot but highly approve of 
 your excellency's proclamation of the 18ih 
 May last, laying a partial embargo for that pur- 
 pose : and we entertain the most grateful sense 
 of the paternal care and tender regard your 
 excellency has shewn for the welfare of his 
 Majesty's subjects in this province, by laying a 
 general embargo on all wheat, peas, oats, 
 barley, indian-corn, flour and biscuit, in conse- 
 quence of the general failure of the crop in 
 Lower Canada, and we shall not fail to adopt 
 such further measures as the circumstances of 
 the provnce may require, to prevent the dis- 
 tressing consequences with which this failure 
 may threaten the poor." A bill for indemnify- 
 ing all persons who had been concerned in 
 advising and carrying into effect the embargo, 
 was accordingly passed, but no further mea- 
 sure of relief was found necessary. 
 
 The formation of a new system of road laws, 
 particularly occupied the attention of the legis- 
 lature this session, and a bill to that effect 
 was passed, which operated well during 
 
 'fi 
 
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 Chap. 
 VI. 
 
 17y5 
 
 many years ; and indeed, until recently, when, 
 mutilated by innovations, inoperative and 
 impracticable in Lower Canada, what remains 
 of it in force, seems so imperfectly under- 
 stood by the country people, that it is become 
 comparatively, in many places throughout 
 the province, a dead letter. The assembly 
 also earnestly occupied itself, going fre- 
 quently into committee of the whole on the 
 subject, with that part of the governor's 
 message to the house, of the 29th April, 1794, 
 concerning the casual and territorial revenue, 
 and the raising of lods et ventes, quints, &c., 
 due to the crown, but without coming to any 
 tinal determination on the matter. 
 
 While it was under discussion, a petition 
 from divers inhabitants of Quebec, was laid 
 before the house, which, as the subject is still 
 unredressed, and a grievance to its citizens, 
 after the lapse of fifty years, deserves a passing 
 notice. They represented, — 
 
 " That when this country was surrendered to the arms of 
 his britannic majesty, whereby he became vested with ail 
 the feudal rights of the most christian king, the city of 
 Quebec, and particularly the lower town, was a heap of 
 ruins. That his Majesty's loyal subjects, old and new, 
 have, since that period, been at great expense in repairing 
 the ravages of war, by rebuilding the city, and in n^aking 
 valuable and extensive additions thereto ; in wharves, stores 
 and other buildings, especially towards the river, in so much 
 that the value of his majesty's censive^ in the city of Quebec, 
 by the enterprising industry of his loyal subjects, is aug- 
 mented beyond calculation. — That, however burthensome 
 the feudal rights may in general be considered throughout 
 this province, their operation as a tax upon industry and 
 improvement, is more particularly felt in the towns and 
 
 
 
[y, when, 
 tive and 
 remains 
 ^ under- 
 become 
 roughout 
 issembly 
 ing fre- 
 e on the 
 ivernor's 
 il, 1 794, 
 revenue, 
 ts, &c., 
 5 to any 
 
 petition 
 was laid 
 :t is still 
 citizens, 
 
 passing 
 
 he arms of 
 jd uith all 
 he city of 
 a heap of 
 and new, 
 1 repairing 
 in making 
 rves, stores 
 n so much 
 )f Quebec, 
 s, is aug- 
 irtheneome 
 throughout 
 dustry and 
 towns and 
 
 ' 169 
 
 villages, where the buildings, erected at the expense of the (j^jan. 
 inhabitants, may be said to constitute the whole value ; and VI. 
 where a lot of ground, originally worth nothing, may be ^^^-^ 
 improved to an immense amount j and that this is the case; 1796. 
 in innumerable instnnces in the city of Quebec, is a fact 
 well known to every individual in the provincial par- 
 liament. 
 
 " The petitioners humbly beg leave further to state, that 
 his Majesty's claim to iods et venies, on the various aliena- 
 tions that took place in this city, having been suffered to lay 
 dormant for upwards of twenty-five years after the conquest, 
 and having never yet been enforced ; the petitioners, as well 
 as theil- predecessors, were lee to indulge a hope that it 
 would never be revived : and under these circumstances, 
 many of the petitioners, as well as their predecessors, ac- 
 quired considerable property by purchase, in his Majesty's 
 censive, at its full value,, without adverting to the payment 
 oNods et venies, or calculating upon that claim in making 
 their purchases. 
 
 " That many of the petitioners are men in trade, whose 
 real property has undergone so many mutations since the 
 conquest, that if the lods et venies on each alienation, were 
 to be rigorously exacted, it would be productive of ruin to 
 them, and involve their creditors in the loss. 
 
 '* The petitioners, therefore, humbly pray, that all the 
 lods et venies due to his Majesty, in the city and suburbs of 
 Quebec, may be graciously remitted, and that the same 
 may be commuted in future into an annual ground rent, 
 proportionate, in some degree, to the situation and value of 
 their respective lots at the time of the conquest, having 
 regard to their superficial extent."* 
 
 * This, it is to be observed, relates only to such parts of Quebec, 
 and its suburbs, as are within the domain of the crown. The semi- 
 nary, the fabrique, the nunneries, or religious communities of ladies, 
 are also, as well as the crown, respectively proprietors (in mortmain,) 
 of different portions of ground held by them en Jief in the city, and 
 which being subdivided into lots and built upon by the cevsitaires, pay 
 a small annual ground-rent, as on acknowledgment to the institution 
 M'ithin whose censive,or seigniorial precincts, the ground is situate, be- 
 eides lods et ventes equal to a twelfth of the purchase money, upon 
 every sale of the ground, including the buildings and improvements 
 upon it, in addition to the purchase money. — These rights, appertain- 
 
 ill 
 
 ''if 
 
 ■4 
 1 
 
 m 
 
 t'i 
 
 ,.j 
 
 n 
 
 ■ * 
 
 I "1 
 
N 
 
 is 
 
 it" 
 
 J 
 
 ii 
 
 
 ^IT 
 
 
 
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 i 
 
 1 n 
 
 «'!, 
 
 J, ,. 
 1 ■' 
 
 
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 i 
 
 >;. Ml! Vi 
 
 Chap 
 VI. 
 
 17^6 
 
 / 
 
 170 
 
 Twelve bills received the royal assent this 
 ^session. — One, a bill repealing certain acts 
 ' granting duties to his Majesty, ( including those 
 of the imperial act of the 1 4th Geo. III., ch. 88.) 
 and granting new and additional duties, in lieu 
 of the same, for defraying the expenses of 
 the adniinistration of justice and civil govern- 
 ment, was reserved for the royal pleasure. 
 Among those passed was an act for regu- 
 lating the trade with the United States. — 
 Another for appointing commissioners to treat 
 with Upper Canada concerning the proportion 
 of duties and drawbacks to be allowed it by 
 Lower Canada, and a third making further 
 improvements to the militia acts of last 
 session. 
 
 His excellency prorogued the session on the 
 7th of May. " It had afforded him great satis- 
 faction," — he said — " to observe, during the 
 present session, a continuance of the same zea- 
 lous attention to their legislative duties, and to 
 the general interests of the province," which 
 he had occasion to notice in their former pro- 
 ceedings. 
 
 " Gentlemen of the house of assembly, — 
 
 ing to them bylaw, cannot be extinguished without an equivalent, 
 and their own free consent, which, by a recent act of the legislature, 
 these communities, holding in mortmain, are, in common with the 
 seigneurs, now comi)etent to. The act has, hitherto, worked slowly ; 
 the institutions alluded to being, it would seem, reluctant to accept ol 
 compensation and commute. The consequence of this is, that im- 
 provements are retarded, and a compulsory process of commutation 
 of tenure looked forward to as the means of disencumbering property 
 of this vassalage, detrimental to industry and trade, and which pro- 
 bably th« legislature, in its wisdom, will authorise. 
 
 
171 
 
 sent this 
 ain acts 
 ng those 
 , ch. 88.) 
 s, in lieu 
 mses of 
 
 govern- 
 )leasure. 
 or regu- 
 Jtates. — 
 
 to treat 
 oportion 
 ed it by 
 
 further 
 of last 
 
 >n on the 
 3at satis- 
 ring the 
 me zea- 
 , and to 
 ' which 
 ner pro- 
 
 mbly,~ 
 
 equivalent, 
 ( legislature, 
 on with the 
 ked slowly ; 
 to accept ol 
 s, that im- 
 ommutation 
 ng property 
 which pro- 
 
 ! 
 
 The measures adopted by you for consolidat-chap. 
 ing and improving the provincial revenue of ^'^ 
 the crown, and for guarding it from all abuse, ^^_ 
 evince that you justly consider his Majesty's 
 interests and those of his subjects as insepara- 
 ble, and cannot fail of producing the most 
 beneficial effects. 
 
 " Gentlemen of the legislative council, and 
 gentlemen of the house of assembly, — In 
 expressing my approbation of your proceed- 
 ings, I must further observe that the unanimity, 
 loyalty, and disinterestedness manifested by 
 this first provincial parliament of Lower 
 Canada, have never been surpassed in any of 
 his Majesty's provincial dominions, and I feel 
 convinced that the prosperity and happiness of 
 of this country will continue to increase in 
 proportion as succeeding parliaments shall 
 follow your laudable example," 
 
 The pith as well as brevity of lord Dorches- 
 ter's speeches will not have escaped the reader. 
 Thus ended the first provincial parliament of 
 Lower Canada, and as auspiciously as could be 
 desired. Agitators, and emissaries, as t was 
 believed, from France, had been sufficiently 
 busy in various quarters of the province, since 
 the french revolution, to draw the attention of the 
 executive government, and cause it to issue a pro- 
 clamation on the subject as previously noticed; 
 but the Canadians were in general well disposed, 
 and instructed by the clergy, and others resid- 
 ing among them perusing the public jour- 
 nals, of the recent atrocities in France, they 
 
 ■■■ i' 
 
 I 
 
 11 
 1 
 
 MS 
 .; I s I 
 
 ) r- 
 
 i'i 
 
172 
 
 
 
 i 
 
 i 
 
 
 Chap. justly held them in detestation and horror. 
 J^ Some discontent prevailed among the rural 
 1796. population, on account of the road act, which 
 had made essential innovations for the better, 
 upon the preceding road laws, but v/hich the 
 inhabitants being accustomed to, were averse 
 to see altered, and in some quarters distur- 
 bances in consequence took place. They were, 
 however, but momentary, and only local. — 
 The advantages of the new laws soon be- 
 came apparent, and as the people grew 
 familiar wdth their operation, the opposi- 
 tion ceased. This spirit of resistance to the new 
 road act was interpreted by some into disloy- 
 alty and disaffection in the people towards 
 the government, but it really was not of that 
 character nor at all concerned their allegiance. 
 Some examples, however, were made on con- 
 viction, both in Montreal and Quebec, for riots 
 in opposing the act, and for seditious language, 
 by short imprisonments and small fines ; and 
 three or four bills of indictment for high trea- 
 son (constructive treasons, it is to be supposed, 
 in opposing the laws,) were even found, but 
 do not appear to have been prosecuted to ver- 
 dict, being probably relinquished by the law- 
 officers of the crown, who, at this time, must 
 have found their account in the numerous 
 criminal prosecutions in the courts, to which 
 the road act gave rise, and for which, as 
 in similar cases, thence until a very recent 
 date, those officials were prodigally paid from 
 the public treasury, as in fact some of the same 
 
 !«• 
 
horror, 
 le rural 
 which 
 3 better, 
 hich the 
 
 averse 
 s distur- 
 y were, 
 local. — 
 oon be- 
 e grew 
 opposi- 
 the new 
 disloy- 
 to wards 
 of that 
 sgiance. 
 on con- 
 for riots 
 nguage, 
 s ; and 
 ^h trea- 
 pposed, 
 id, but 
 to ver- 
 the law 
 , must 
 merous 
 which 
 ch, as 
 recent 
 I from 
 e same 
 
 173 
 
 it is to Chap. 
 VI. 
 
 fraternity, and in a spirit of corruption 
 be feared, still are.* 
 
 Lord Dorchester having again obtained his 
 Majesty's leave of absence, embarked with his 
 family at Quebec, the 9th July, 1796, in the 
 Active frigate, for England, leaving general 
 R. Prescott, in charge of the government, who 
 notified his assumption of it, by proclamation, 
 of the twelfth of the same month. His lord- 
 ship, who had been known and venerated in 
 Canada as Sir Guy Carleton, by all classes, 
 received from the citizens of Quebec and 
 Montreal, on this his final departure from the 
 province, the warmest testimonials of respect 
 it was in their power to express, and no less 
 sincere, there is every reason to believe, than 
 ardent. 
 
 (( 
 
 1796. 
 
 Having experienced for many years your lordship's 
 mild and auspicious administration of his Majesty's govern- 
 ment, and being conscious that, during that period, the 
 resources, prosperity and happiness of this province have 
 increased in a degree almost unequalled, we, the inhabitants 
 of the city of Quebec, respectfully request your lordship, to 
 accept our sincere and most grateful thanks and acknow- 
 ledgments* 
 
 " The length of your residence in the province, the advan- 
 tages derived to our society from the example of private 
 virtues, shown by yourself and your family, — your lordship*s 
 
 * The attorney general and solicitor general had seats then as now 
 in the assembly, and with such members of it as were also executive 
 councillors, represented the government. — Jonathan Sewell, esquire, 
 (afterwards chief justice,) filled the former office, to which he had, in 
 the month of May last, been promoted from the solicitor generalship ; 
 Louis Charles Foucher, esquire, (subsequently promoted to the 
 bench,) succeeding him as solicitor general, and at the same time as 
 inspector general of the king's domain, these two offices being then in 
 the same hands, but since disjoined. 
 
 In 
 
 • i 
 
 I 
 
 1 1 
 
 IM 
 
 m 
 
 M 
 III 
 
r 
 
 B-;;i 
 
 1 2''' 
 
 ifl! 
 
 ^11 
 
 174 
 
 Chap, uniform, prudent, and paternal attention, under every change 
 
 V(. of time and circumstance, to the true interests of his Majes- 
 
 v..-v-^ ty's subjects entrusted to your immediate care, — and that 
 
 1796. gratitude which we feel (and must be permitted to repeat,) 
 
 excite in our minds, the warmeat sentiments of personal 
 
 attachment, of which allow us to tender you the strongest 
 
 assurances. 
 
 " Under these impressions, we view your lordship's 
 intended departure, with the deepest regret ; and submitting 
 to your determination to leave us with unfeigned reluctance, 
 we entreat you to accept our most sincere wishes for your 
 favourable passage to Great Britain, — for the future prospe- 
 rity of yourself and of all your family. 
 
 ** We request your lordship, most humbly and respect- 
 fully to assure our sovereign, of our faithful loyalty and 
 attachment to his sacred person, and to offer our gratitude, 
 for the various blessings which we continue to enjoy under 
 that most excellent constitution of government, which we 
 have received from his Majesty and his '^ 'iament, during 
 your lordship's administration. 
 
 " It is our fervent prayer, that your 1 .isiiip may conti- 
 nue for many years, to receive new and additional proofs of 
 the royal approbation, to which, from your virtues and your 
 merit, you hitherto have been, and must ever remain, most 
 justly and eminently entitled." 
 
 That of Montreal was equally fervent : — 
 
 " The inhabitants of Montreal, penetrated with gratitude 
 for the happiness enjoyed by them, under your lordship's 
 administration of the government of this province, during 
 a great number of years, embrace the present opportunity of 
 your intended departure for Great Britain, to entreat you to 
 receive their humble acknowledgments, and accept their 
 most sincere wishes for a favorable passage, for your health 
 and prosperity, and for that of all your family. 
 
 " The prudence and moderation which distinguished your 
 conduct in this province, assured internal peace and tran- 
 quillity ; — and in reflecting infinite honor on your lordship, 
 have tuUy justified the confidence reposed in yo** by our 
 august sovereign, and secured to you the affections of the 
 inhabitants. 
 
iin, most 
 
 175 
 
 " We beseech your lordship, to carry our most ardent (j^^p. 
 vows to the foot of the throne, for the happiness of our gra- IV. 
 clous monarch, — to assure him of our attachment to his v^-v-*^ 
 sacred person, and to the happy government under which it 1796. 
 is our glory to live j and we fervently pray that his Ma- 
 jesty's approbation may continue to distinguish and reward 
 your virtues and your merit.'* 
 
 His lordship returned to both addresses the 
 following answer : — 
 
 *' Gentlemen, — -I am much obliged by this testimony of 
 your regard for me and my family. It is unnecessary for me 
 to assure you, that your welfare, and the general prosperity 
 and happiness ol the province, in which 1 have passed so 
 great a part of my life, will ever interest me in the most 
 sensible manner. 
 
 " I shall, with the utmost pleasure, embrace every occa- 
 sion of representing to his Majesty the loyalty of his subjects 
 in Lower Canada, and their attachment to his person and 
 government. 
 
 " Your veneration for a monarch who may justly be 
 styled the father of his people, is a proof that you hold in 
 proper estimation the excellent constitution he has given to 
 this country, and which, 1 have no doubt, will rapidly 
 advance it to be of the first importance among the british 
 provinces.'' 
 
 The Active was wrecked on Anticosti, on 
 her way home, but without any loss of life, or 
 other serious inconvenience than the detention 
 occasioned to the governor and his family by 
 the accident, who crossed over to Perc6, 
 near the bay of Gasp6, to await a conveyance 
 for England, which soon was provided for 
 them. His lordship arrived at Portsmouth, the 
 19th of September, inH. M. S. Dover, from 
 Halifax. Writs for the general election had 
 issued previous to his excellency's departure, 
 tested the third of June, and the elections 
 
 n 
 
 
 .41 
 
 
 '1 
 
 ^ 
 
 ' ^ 'a 
 
 '1 
 
 it 
 
 "*i 
 
 m 
 
r 
 
 M' 
 
 I 
 
 
 i^- 
 
 
 1797. 
 
 176 
 
 Chap, accordingly took place in the course of that 
 ^^- and the ensuing month. 
 
 The communications by mail had improved 
 considerably since the period at which wc 
 noticed them. An advertisement from the post 
 office, dated " Quebec, 18th January, 1797," 
 informs the public that a " wcekly^^ convey- 
 ance by post, has lately been established 
 between Montreal and Burlington, in the state 
 of Vermont. A similar advertisement, of the 
 following day, gives notice that " a mail for the 
 upper countries^ comprehending Niagara and 
 Detroit, will be closed at this office, on Mon- 
 day 30th instant, at 4 o'clock in the evening, 
 to be forwarded from Montreal by the annual 
 winter express, on Thursday, 3d February 
 next." These may give an idea of the inter- 
 course at that time, particularly during winter, 
 between the two Canadas. Unfrequent as were 
 still the communications between those pro- 
 vinces, and thence to Britain through the 
 neighbouring states, they had vastly increased, 
 and to a degree which several then may have 
 thought required no further extension,* nor 
 would they, if the country were to have remained 
 stationary; — but c/ery thing was in rapid pro- 
 gress of development — the resources of the 
 country were beginning to be understood at 
 home, and the capital and energies of the 
 
 • We have by the arrival to-day of the english mail viA Boston, per 
 Cambria steamer, which left Liverpool the 5th instant, dates from 
 Lahore to the 12th, from Delhi and Meerut to the 18th, Calcutta to 
 the 20th, Madras to the 24th, and Bombay to 31st August, and from 
 China, (Canton and Hong Kong) to 25th July !— Q»ze6«c. 22dOct. 1847. 
 
i of that 
 
 mproved 
 hich wc 
 the post 
 , 1797," 
 convey- 
 tablished 
 the state 
 , of the 
 lil for the 
 ^ara and 
 on Mon- 
 evening, 
 e annual 
 February 
 he inter- 
 g winter, 
 t as were 
 lose pro- 
 )ugh the 
 icreased, 
 nay have 
 ion,"* nor 
 •emained 
 ipid pro- 
 ;s of the 
 rstood at 
 5 of the 
 
 d Boston, per 
 , dates .from 
 , Calcutta to 
 list, and from 
 I2d0ct. 1847. 
 
 177 
 
 british race to act upon them, — and nothing chnf. 
 that could, in the way of trade, be turned to J^ 
 account escaped attention, nor was allowed to 1797. 
 stand still. The intercourse with New York, 
 since the establishment of the fortnight mail 
 between Montreal and Burlington, had corres- 
 pondingly improved, — the Quebec Gazette of 
 8th March, stating that " by this day's Burling- 
 ton mail we have received New York papers 
 of the 16th ult. — they contain european intelli- 
 gence to the I5th December, inclusive." The 
 mail between Quebec and Montreal at this 
 time was weekly, the journey up taking nearly 
 three days, and downwards the same time. The 
 steamers which now, (1847) during the summer 
 months, convey passengers and the mails, in 
 one night from city to city, were not as yet 
 dreamt of, . nor perhaps contemplated as a 
 thing within the art and power of man ever to 
 accomplish. 
 
 The new parliament met on the 24th January, 
 1797.* Mr. Panet being again chosen speaker / 
 
 
 • Tlie assembly consisted of the following mennbers, returned at 
 the late general election : — 
 
 Gaspe, Edward O'Hara ; Covnwallis, Tascal Sirois and Alexander 
 Menut; Devon, N. Dorion and F. Bernier; Hertford, L.Duniere, fils. 
 and F. Tetu, Not. ; Dorchester, Charles Begin and Alex. Dumafc ; 
 Buckinghamshire, John Craigie and G. W. Alisopp; Richelieu, B. 
 Cherrier and uharles Millette ; Borough of William Henry, Jonathan 
 Sewell ; Bedford, Nathaniel Coffin ; Surry, P. Derocheblave and 
 O. Durocher; Kent, A. Menard Lafontaine and J. Vig6; Hunting- 
 don, J. P^rinault and Jos. Perrault ; York, H. Lacroix and Jos. H6- 
 tier. Montreal— East Ward, A. Auldjo and L. C. Foucher; Weet 
 Ward, Joseph Papineau and D. Viger; County of Montreal, J. M. 
 Ducharme and E. Guy'; Effingham, J. Jordan and C. B. Bouc ; 
 Leinster, Joseph Viger and Bonav. Panet ; Warwick, J. Cuthbert and 
 G. de Lanaudiere ; Borough of Three Rivers, J. Lees and P. A. De 
 Bonne; County of St. Maurice, T. Coffin and N. Montour; Hamp- 
 
 1 
 
 '(1 
 
 1 
 
 i 
 
 1 
 
 i:^ 
 
 H 
 
 I J 
 
 •1^ 
 
 
 ■ > i) 
 
 ■,i>i 
 
 'I- ; 
 
 l-'i- 
 
^ -^IP 
 
 ( 
 
 I 
 
 17S 
 
 Chap, and the choice confirmed by the lieutenant 
 vr. governor, his excellency delivered his speech, 
 
 ""JT^ in which he slightly descanted upon the recent 
 treaty of amity, commerce and navigation, 
 between his Majesty and the United States, 
 as favorable to this province. He observed that, 
 " from the nourishing state of our commerce, 
 amidst the hazards and obstructions of war, 
 well founded hopes might be entertained of 
 the future prosperity of the colony, when the 
 blessings of peace shall be restored. 
 
 " Gentlemen of the legislative council, and 
 gentlemen of the house of assembly, — As we 
 may confidently trust to the care and vigilance 
 of our mother country and the superiority of 
 the british navy for our external protection, so 
 it becomes our diUy and interest to guard 
 against treacherous attempts to disturb our 
 internal tranquillity. 
 
 '^ You are not unapprised that, in addition 
 to the customary mode of warfare, the emissa- 
 ries of France have been dispersed in every 
 quarter, and by holding out delusive prospects 
 to the people, they have endeavoured to dis- 
 turb the quiet of all setUed governments. ,;,*. 
 ** Attempts of this nature having recently 
 been made in this province,* it is incumbent on 
 
 I shire, Joseph Plants and Francis Hunt. Quebec — Upper Town, J. 
 \ A. Panel and Win. Grant ; Lower Town, J. Young and A. J. Raby ; 
 
 County, John Black and Louis Paquet ; Northumberland, P. Bedard 
 
 and James Fisher ; Orleans, Jerome Martineau. Of the fifty names-. 
 
 if it is of any importance to distinguish them, thirty-six denote a 
 
 french, and fourteen a british or irish origin. 
 
 • These, however, appear by the evidence on the uial of McLanP. 
 noticed presently, and by all that has suice transpired, to have been 
 
1^1 
 
 t: 
 
 lieutenant 
 is speech, 
 lie recent 
 avigation, 
 ?cl States, 
 rvecl that, 
 .^mmerce, 
 ^ of war, 
 rtained of 
 when the 
 
 ncil, and 
 — As we 
 vigilance 
 priority of 
 ction, so 
 to guard 
 iturb our 
 
 I addition 
 i emissa- 
 in every 
 Drospects 
 d to dis- 
 
 itS. :.,i 
 
 recently 
 mbent on 
 
 )er Town. J. 
 A. J. Raby ; 
 i, P. Bedard 
 
 ) fifty names, 
 six denote a 
 
 1 of McLanc. 
 to have been 
 
 VI. 
 
 1797. 
 
 . 179 
 
 me to direct your attention to the salutary chap 
 effects already ptoduced by the alien bill, and 
 as its duration is limited to a i)eriod which will 
 .«c)on expire, to recommend to your consi- 
 deration the expediency of prolonging its 
 continuance." 
 
 The address perfectly responded to the 
 speech: — " With the utmost confidence" — 
 said they — " we trust in the vigilance of our 
 mother countiy and in the superiority of her 
 navy, for our external defence ; and as it is our 
 inclination as well as our duty, to co-operate 
 with your excellency, in whatever may be 
 necessary to frustrate the treacherous attempts 
 of the emissaries of France, to disturb our 
 internal tranquillity, we will immediately pro- 
 ceed to the consideration of the alien bill," — 
 which they accordingly took up without delay, 
 and gave to the executive powers as ample as 
 could be desired. 
 
 The assembly also strengthened the execu- 
 tive by a temporary act " for the better pre- 
 servation of his Majesty's government, as by 
 law happily established in this province," 
 limiting its duration to the month of May, 
 1798, as it gave extraordinary powers to 
 the executive, the abuse of which might be 
 rendered exceedingly oppressive, to any sub- 
 ject becoming obnoxious to it, or incurring its 
 displeasure.* 
 
 much overrated, probably by the ultra loyal of the day, who may 
 have found their account in speculating on reports of this nature. 
 
 • This act empowered the executive to apprehend and commit, 
 during pleasure, any person accused or mspected of treasonable prac- 
 
 \ 
 
 i 
 
f 
 
 * 
 
 
 iL< 1 
 
 I«5i» 
 
 h 
 
 a 
 
 
 'hi 
 
 V ^^«^''* 
 
 111 
 
 ■ l 
 
 : i 
 
 \ 
 
 I 
 
 
 m-i^ 
 
 i 
 
 I It 
 
 VI. 
 
 1797. 
 
 180 
 
 In the course of the proceedings in this ses- 
 sion, there was a proposition by Mr. Grant, 
 '* to resolve that, for the instruction of youth 
 in the higher branches of knowledge, it is 
 necessary that an university, upon liberal prin- 
 ciples, be founded and established in this pro- 
 vince, as soon as circumstances shall permit." 
 — This was lost by a majority of fifteen, on 
 moving " the previous question," and was thus 
 disposed of without an absolute negative on the 
 merits of the proposition itself. 
 
 An address was sent to his excellency, 
 
 tices, without trial, without bail, or mainprise, and without the right 
 of being confronted with his accuser, or even of knowing who he was. 
 or of being entitled to a knowledge of the contents of the deposition or 
 matter sworn to, in virtue whereof the accused was in custody. It, in 
 fact, suspended the habeas corpus w-rit with respect to those falhno; 
 under its operation i. e. the displeasure of the execuuve, and finally 
 became so odious, in consequence of the arbitrary imprisonments in 
 1810, that the at-senibly refused to renew it, and although the war 
 with the United States immediately followed, the want of it was never 
 felt by the government, which there is every reason to believe was 
 more cheerfully supported in the struggle without, than it would have 
 been with so formidable an engine of despotism in its hands, as the 
 act alluded to, " for the better preservation of his oMajesty's govern- 
 ment, as by law happily established in this province," and which, 
 not to misrepresent it, is, in part, here submitted to the reader's inspec- 
 tion : — 
 
 " Whereas it is necessary to defend and secure his Majesty's good 
 and loyal subjects, against any traiterous attempt that inay be formed 
 for subverting the existing laws and constitution of tins province of 
 Lower Canada, and for introducing the horrible system of anarchy 
 and confusion, which has so fatally prevailed in France ; therefore, 
 and for the better preservation of his Majesty's government, and for 
 securing the peace, the constitution, laws and liberties of the said pro- 
 vince, — Be it enacted, &c., and it is hereby enacted, that every person 
 or persons who are, or sliall be in prison within the province of Lower 
 Canada, at or upon the day on which this act shall receive his Majes- 
 ty's royal assent, or after, by warrant of his Majesty's executive 
 council of and for this province, signed by three of the said executive 
 council, for high treason, misprision of high treason, suspicion of 
 high treason, or treasonable practices, may be detained in safe custody 
 without bail or mainprise, and shall not be bailed without a warrant 
 for that purpose, from his Majesty's executive council, signed by 
 three of tne executive council." 
 
181 
 
 n this ses- 
 \/lr. Grant, 
 of youth 
 Ige, it is 
 •eral prin- 
 I this pro- 
 1 permit." 
 fteen, on 
 I was thus 
 ve on the 
 
 ccellency, 
 
 ;hout the right 
 a; who he was, 
 ? deposition or 
 ■ustody. It, in 
 :> those fallino; 
 ^e, and finally 
 arisonments in 
 ough the war 
 )f it was never 
 believe was 
 it would have 
 hands, as the 
 esty's govern- 
 " and which, 
 ader's inspec- 
 
 lajesty's good 
 lay be formed 
 IS province of 
 m of anarchy 
 ce ; therefore, 
 ment, and for 
 f the said pro- 
 t every person 
 ince of Lower 
 ve his Majes- 
 y's executive 
 said executive 
 , suspicion of 
 n safe custody 
 out a warrant 
 cil, signed by 
 
 acquainting him that the assembly being con- chap 
 vinced of the inconveniences and defects of the ^^ 
 places in which the courts of justice were^^ 
 held in the cities of Quebec, Montreal and 
 county of Gasp6, had come to the resolution of 
 praying his excellency would be pleased to 
 give directions that a report be made him of 
 the places best adapted for erecting public 
 buildings or halls for the sittings of the courts 
 in those places, with plans and estimates of 
 the expenses of such buildings, that the same 
 may be laid before the house early in the next 
 session, whereby it might be enabled to take 
 into consideration an object so essential to the 
 dignity of the administration of justice, and to 
 the lives and property of his Majesty's subjects. 
 The lieutenant governor, during the session, 
 received the appointment of governor general, 
 and on the 28th of April, it was by the assem- 
 bly resolved, nem con, that an address be pre- 
 sented to his excellency the governor general 
 expressi'v e of the satisfaction of this house, in 
 having an opportunity, before the end of the 
 session, of congratulating his excellency on his 
 advancement as governor general of the pro- 
 vinces of Upper and Lower Canada, and to 
 express the gratitude they feel for the paternal 
 attention of our august sovereign, who, in 
 rewarding his excellency's distinguished merit, 
 confirms his loyal Canadian subjects in the 
 continuation of the happy constitution under 
 which they live, the preservation whereof 
 depends upon their co-operating with the wise 
 
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 182 
 
 ciuip. measures and prudent exertions, of which his 
 
 ^'- excellency has ah-eady given such effectual 
 
 ^^^ proofs, towards maintaining the tranquillity of 
 
 the province, and an address to that effect was 
 
 accordingly presented him, the speaker and 
 
 whole house attending on the occasion. 
 
 But six bills are to be found as the result of 
 this session, on the statute book, including the 
 two (the alien, and the preservation of govern- 
 ment bills,) previously noticed. They were, 
 however, all measures of importance ; — one 
 continued the act regulating the trade with the 
 neighbouring states — another ratified certain 
 provisional articles of agreement with Upper 
 Canada, relative to duties, entered into by com- 
 missioners named for that purpose, — a third, 
 made more effectual provision than heretofore 
 for the pilotage in the St. Lawrence, between 
 Quebec and the Island of Bic,— and finally, an 
 act ontinuing a temporary act relating to 
 returninsf officers at elections. Sanctionin"; 
 these, his excellency dismissed, on the 2d May, 
 the representatives in the following commenda 
 torv terms: — 
 
 " Tlie bills that have now received the royal assent." — 
 •aid his excellency, — " afford the strongest evidence ol 
 your attention to the safety and welfare of the province. — 
 Ar ong othersj the act for the better preservation of his 
 Majesty's government connot fail to meet the particular 
 approbation of our gracious sovereign : as it is a demont'tra- 
 tion not only of your attachment to the constitution under 
 which you live, but also that you are sensible how neces- 
 sary it is, in a time of peculiar danger, to vest additional 
 powers in the hands of the executive government. 
 
 '* It would give me 'le greatest pleasure could I acquai-^^ 
 
 '! 5f 
 
 ii 'i 
 
183 
 
 you that liis Majesty's earnest endeavours to negociate a q^^^^ 
 general peace had met with success ; but whenever the Vi. 
 miseries of war shall terminate, whether they shall speedily s^-^-^ 
 cease, or be wantonly protracted by our enemies, still the 1797. 
 disinterested offer of our sovereign to procure restitution to 
 his allies by a sacrifice of his conquests, will not fail to be 
 recorded to future ages ; it will stand as a proof of the 
 generosity of his Majesty's councils and of the high station 
 held by Great Britain among the powers of Europe. 
 
 " I have the happiness to inform you, that the unpro- 
 voked aggression of the court of Spain, in declaring war 
 against our gracious sovereign, has been effectually checked 
 in the outset by a signal victory gained by his Majesty's 
 navy off cape St. Vincent, in which a british squadron 
 attacked the fleet of Spain, and captured several ships of the 
 line, although the enemy were nearly double in number. 
 
 " After having faithfully discharged your public duties, 
 with respect to such objects as required immediate attention, 
 it will doubtless afford you great satisfaction to be enabled 
 to assure your neighbours and constituents on your return 
 among them, that the naval power of our mother country 
 still retains its superiority, and that the british standard is 
 displayed in every quarter of the globe, to protect the pro- 
 perty and encourage the industry of all the faithful subjects 
 
 f the british empire." 
 
 David McLane, an american citizen, repre- 
 senting himself on his trial, as a bankrupt trader, 
 formerly of Providence, Rhode Island, being 
 apprehended in the month of May, at Quebec, 
 on a charge of high treason, was soon after 
 brought to trial and convicted. His project 
 was great — no less than the total extirpation of 
 the british power from the continent of America, 
 beginning with Quebec, which he intended to 
 take by surprise. This he purposed, accord- 
 ing to the evidence at his trial, to effect by 
 obtaining, in the first place, the confidence of 
 men of influence in Canada, and through them, 
 
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 Chap, the co-operation of the Canadians. He was to put 
 ^'- himself at the head of a party of engages from 
 
 Ttst! the neighbouring states, (who, as he informed 
 those to whom he had broached the subject, 
 were already retained, and by small bodies, as 
 raftsmen, to rendezvous and be in readiness 
 near Quebec,) and to make, on a day fixed, a 
 sudden rush with his men, armed with wooden 
 pikes eight feet long headed with a spear of iron 
 upon the garrison, which he had no doubt of 
 carrying. He spoke also of a previous distri- 
 bution of liquors mixed with laudanum among 
 the troops, to keep them quiet while accom- 
 plishing his purpose, but when or how these 
 were to be administered does not appear. He 
 represented himself as a general in the french 
 service, and acting und^jr the immediate direc- 
 tions of Mr. Adet. the french minister or charge 
 d'affaires in the United States. He had, it 
 seems, visited Canada the previous year, on a 
 tour of information, but to little or no purpose, 
 acquiring no partisans or friends of the least 
 consideration or influence in the country, or 
 that could, in the smallest degree, promote the 
 humblest of his projects. On his return the 
 present year, in coming in from the States by 
 the way of St. John's, he hired a habitant of 
 that neighbourhood by the name of Charles 
 Frichette, whom he induced to accompany 
 him to Quebec, making him at the same time a 
 confidant, and opening to him his schemes.^ 
 ^Applying to a person at Quebec, not disposed 
 to participate in his schemes, he was given up 
 
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 1797, 
 
 185 
 
 by him to justice, tried, and on the 21st July,chap 
 executed as a traitor, with all the revoking^*- 
 accompaniments, on the glacis outside the wall 
 of Quebec, near St. John's gate. Frichette, 
 who was an illiterate man, and of no import- 
 ance, was also soon afterwards tried and con- 
 victed of misprision of treason, in having a 
 knowledge of the designs of McLane, and con- 
 cealing them. He was sentenced to imprison- 
 ment for life, but not long confined, being 
 pardoned and set at large shortly after trial. 
 
 This, from the conquest to that time, is the 
 only instance in Canada, of a trial and convic- 
 tion for high treason, and it; be it also observed, 
 not of a british subject. It is creditable to the 
 Canadian character that, with the single excep- 
 tion mentioned, none were concerned with 
 McLane, the very absurdity of whose whole 
 scheme denoted him a mono maniac, and 
 who, had not the government deemed an 
 example necessary, in the agitation of the times, 
 might with more propriety have been treated 
 as an unhappy lunatic than as a criminal. A 
 stranger, friendless and unknown, he was 
 altogether powerless, and now that time has 
 dispelled the mist of prejudice against him at 
 the moment, and that we can coolly survey the 
 whole matter from first to last, there seems 
 more of cruelty than of justice in the example 
 made of this unfortunate person, who suffered 
 rather for the instruction of the people, uneasy 
 under the road act, than for any guilt in a plan 
 perfectly impracticable and preposterous. 
 
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 186 
 
 Chap. The revenues for the last year, (1796) 
 J^ according to the public accounts, were as 
 1797. follows : — 
 
 First.— Casual and territorial, Cry. ££»1249 12 4 
 
 2. — Duties and licenses, under 14 
 
 Geo. III.,- - - - 7524 14 2 
 
 3.— Duties on wine, under 33 
 
 Geo. III., - - - 1452 n 2 
 
 4.— Duties and licences, under 35 
 
 Geo. III., - - - 8565 7 8 
 
 5.— Fines, - - - - 182 16 8 
 
 £18975 2 
 
 The payments for the civil expenses of the 
 province for the same year, endiilg 5th Janu- 
 ary, 1797, amounted to £25,380, currency, 
 including £1040 to Upper Canada, for its pro- 
 portion of the duties levied under those Acts. 
 To this are to be added the expenses of the 
 Legislature, amounting to £1845 — exceeding, 
 by £392 10s., the funds appropriated by the 
 above act (33. Geo. III.) to their discharge. 
 The commission to the collector and comp- 
 troller on the amount of duties collected in the 
 years 1795 and 1796, was £498, currency. 
 
 
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 CHAPTER VII. 
 
 Meeting of parliament— speech —address in answer — bills 
 passed— none of any importance— prorogation — no events 
 of any interest during the recess — parliament meets — 
 topics of the speech — address— message from the gover- 
 nor relating to the erection of court houses — bill for mak- 
 ing provision on the subject — prorogation of the legisla- 
 ture — state of the province— retrospective view of its 
 progress since the conquest — executive council — ^judges 
 and certain other public functionaries, and their salaries — 
 civil expenditure— finances — general Prescott succeeded 
 by lieutenant governor fiobert Shore Milnes, esquire. 
 
 The legislature opened on the 28th Feb- chap. 
 ruar}\ The governor, after descanting upon ^^^ 
 the ineffectual attempts that recently had been j^cjg 
 made by his Majesty, to procure a peace with 
 the government of France, observed that — 
 
 " The accession of territory subdued by the british arms, 
 and the superiority of the british navy, successively expe- 
 rienced by our enemies when they have sailed forth upon 
 the ocean<v and recently confirmed by the splendid and 
 effectual victory gained by his Majesty's fleet under the 
 coTimand of admiral Lord Duncan, might have justified 
 pretensions of a much more tenacioiis nature than those 
 contained in the proposals made VA\h such unexampled 
 candour and liberality on behalf of his Majesty — but the 
 king's public declaration, solemnly renewed before the 
 whole world, of his readiness, amid the exultations of vic- 
 tory, to conclude a peace upon the same equitable terms 
 he had previously ofiered, leaves his enemies without a pre- 
 text. — It affords a most convincing proof of the stability of 
 his Majesty's councils, and of his paternal solicitude for the 
 welfare of the people, that the constancy of his measures is 
 
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 Chap, "^o' regulated by the success of the moment, and that he is 
 VII. willing to relinquish the triumph of victory, that his aub- 
 v^-v-wjects may enjoy the blessings of tranquillity. 
 1798. " I shall order the accounts of the provincial revenue of 
 the crown and of the expenditure of the last year to be laid 
 before you. — 1 shall also cause to be communicated to you, 
 an act of the provincial legislature of Upper Canada, by 
 which it appears that some further arrangements may be 
 necessary for settling the duiies and drawbacks on articles 
 passing between the two provinces ; — in framing the neces- 
 sary regulations, I doubt not but you will bear in mind, that 
 the interest of the sister provinces are so intim.ately blended, 
 that the most liberal intercourse will be most conducive to 
 their mutual advantage. 
 
 " Gentlemen of the legislative council, and gentlemen of 
 the house of assembly, — The unremitting spirit of animosity 
 against the king, his subjects and government, that is openly 
 avowed by the present ruling powers in France, calls upon 
 you, in the most forcible manner, not to relax your vigilance 
 against their insidious attempts to disturb the tranquillity o<" 
 this province. The beneficial exercise of the powers vest- 
 ed, for a period now about to expire, in the executive 
 government, having already been experienced, it will natu- 
 rally lead you to consider whether it is not still necessary 
 that the remedy should continue to be prompt while the 
 danger is imminent. — In the discussion of this subject, I 
 have the firmest reliance that your measures will evince 
 how much you value the benefits of a mild and orderly 
 government, and confidently trust that you will exemplify 
 its advantages, by persevering in that harmony which has 
 hitherto influenced your deliberations." 
 
 The assembly answered by an address quite 
 in spirit of the above ; — " We shall not," — they 
 said — " lose sight of the advantages that must 
 necessarily result from the continuance of the 
 good understanding which has hitherto been 
 cultivated between the two provinces of 
 Canada, so intimately connected by their local 
 
 
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189 
 
 circumstances and situation. " Our duty," — chan. 
 they continued — " to his Majesty's government, ^" 
 as well as to our constituency, whose prospe- ngg. 
 rity and happiness depend on the firm and 
 decided support thereof, indispensably calls 
 for our united efforts to repel the insidious 
 attempts of the emissaries or agents employed 
 to disturb our tranquillity, by those who rule in 
 France ; and, for that purpose, v 3 will cheer- 
 fully join in such measures as are necessary to 
 enable the executive government to be prompt 
 in the remedy, while the danger is imminent 
 
 " We cannot be otherwise than unanimous 
 when the support of the mild and orderly 
 government under which we happily live is the 
 subject of our deliberations ; and we trust we 
 shall ever continue to conciliate harmony 
 amongst ourselves, so necessary to promote the 
 general welfare of the province." 
 
 Nothing worthy of special notice took place 
 this session. But five bills were passed, three 
 of them continuing temporary acts about to 
 expire, and the act " for the better preserva- 
 tion of his Majesty's government." — One allow- 
 ing Upper Canada, pursuant to agreement, its 
 proportion of duties imposed and levied under 
 acts of this province, another repealing the act 
 appointing commissioners to treat with those of 
 Upper Canada, and to appoint others. 
 
 The legislature was prorogued on the 11th 
 May. The governor general, in addressing the 
 assembly, remarked that " the temper and libe- 
 rality they had shewn, in renewing the act to 
 
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 190 
 
 Chap, appoint commissioners for the purpose of treat- 
 
 ^^'* ing with the commissioners of Upper Canada, 
 
 7m were such as became a deliberative ass^^ bly, 
 
 and must tend to confirm that harm and 
 
 good understanding which subsisted between 
 
 the sister provinces. 
 
 " From the dutiful and loyal demeanor ma- 
 nifested by his Majesty's subjects of all des- 
 criptions in this province, there will be little 
 occasion, I am persuaded, for resorting to the 
 extraordinary powers vested for a time in the 
 executive government for its preservation ; and 
 should any alien emissaries persist in their 
 attempts to disi'irb our tranquillity, I trust they 
 will find that your vigilance and zeal for the 
 constitution are in no respect abated." 
 
 Nothing of any moment seems to have occur- 
 red in the interval between the prorogation and 
 the next meeting of parliament, which took 
 place on the 28th March, 1799. His excellency 
 informed the legislature that — '* Although he 
 could not as yet congratulate the country on 
 the return of peace between his Majesty and 
 the persons exercising the powers of the govern- 
 ment in France, he felt a sincere satisfaction 
 in congratulating them on the security and pro- 
 tection with which these remote parts of the 
 king's dominions were blessed amidst the storms 
 that agitated other countries, and on the recent 
 glorious victories obtained by his Majesty's 
 naval forces over the fleets of our enemies, by 
 which (although their secret endeavours to sow 
 dissentions among his Majesty's subjects might 
 
191 
 
 J 
 
 not be abated,) their power to disturb our chap. 
 re[)ose by open hostility was greatly abridged." ^''• 
 
 That while he congratulated them on the ,799^ 
 friendly disposition and intercourse which sub- 
 sisted between the province and our neigh- 
 bours, the United States of America, in conse- 
 quence of the treaty of amity, commerce, and 
 navigation recently entered into between his 
 Majesty and that country, and on the important 
 successes with which the Almighty had bless- 
 (hI his Majesty's arms, whereby the hostile 
 })0wer of our inveterate foe was greatly reduc- 
 ed ; it, nevertheless, was incumbent upon them 
 to bear in mind the character of the country 
 with whom, for the safety of his people, our 
 •rracious sovereign was contending, and the 
 secret machinations carried on in every coun- 
 try to which our foes had access, for the pur- 
 pose of misleading the credulous from their 
 duty, and subverting the governments by which 
 they were protected. These considerations 
 rendered it, he said, necessary that care and 
 viojilance for the security of the internal tran- 
 quilliiy should not be relaxed. 
 
 The provisions heretofore made for this pur- 
 pose, by " the act for the better preservation 
 of his Majesty's government, as by law happily 
 established in this province," being temporary 
 and about to expire, he recom.mended to their 
 consideration the expedience of a further pro- 
 longation thereof, assuring them that the utmost 
 care should be taken on his part, to prevent the 
 powers vested in the executive government, 
 
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 192 
 
 from being applied to any other purpose, or in 
 any other degree than should be necessary for 
 i7yy, the preservation of good order, and the protec- 
 tion and security of his Majesty's faithful peo- 
 ple over whom he had the honor to preside. 
 
 The assembly, thanking his excellency for 
 his speech, heartily, they said, joined his excel- 
 lency in congratulation upon the glorious and 
 important victories recently obtained by his 
 Majesty's naval forces. The salutary effects 
 which they had experienced from the act men- 
 tioned, together with the wise and prudent 
 manner in which it had been executed under 
 his excellency's benevolent administration, 
 removed every doubt that could be suggested 
 against the necessity and propriety of continu- 
 ing so beneficial a law. His excellency, they 
 added, might rely upon the continuation of 
 harmony in the discharge of their duty in every 
 object tending to the support of the excellent 
 and happy government under which they lived. 
 The bill was accordingly continued for a year 
 longer. 
 
 The session, as usual, went off smoothly, 
 being prorogued on the .3d June. It is scarcely 
 necessary to enter upon details of the measures 
 before the legislature, being of little, if any 
 interest ;— the following matter may, neverthe- 
 less, deserve a passing notice. It is to be ob- 
 served that hitherto there were no suitable 
 buildings in Quebec or Montreal, erected or 
 set apart for the sittings of the courts of justice, 
 nor were the funds as yet sufficiently large to 
 
193 
 
 I 
 
 justify the legislature in authorizing the crec- ohap. 
 tion of edifices proper for the purpose. This, ^" 
 the british government liberally undertook to 179^ 
 encourage, by a spontaneous offer to advance 
 the necessary means, by way of loan. The 
 governor, by message, consequently stated that 
 he had " the pleasure to inform the house of 
 assembly, that his Majesty had been graciously 
 pleased to view, with great satisfaction, the zea- 
 lous and liberal attention paid by the legisla- 
 ture of his province of Lower Canada, to the 
 provincial revenue since the commencement of 
 the present happy constitution. And that his 
 Majesty has also been graciously pleased, in 
 his paternal regard for the welfare and happi- 
 ness of his faithful subjects in this province, to 
 give his royal attention to the representations 
 that have been made relative to the erection of 
 proper buildings for holding the courts of 
 justice in the districts of Quebec and Mont- 
 real, and to authorize the governor to advance, 
 on the part of his Majesty, the sums that shall 
 be requisite for that purpose ; to be replaced at 
 such time and in such manner as in the wisdom 
 of the provincial parliament may be found 
 expedient." 
 
 The assembly, by an address to his excel- 
 lency, returned him its sincere thanks, assur- 
 ing him " that his Majesty's loyal subjects, the 
 representatives of the people of Lower Canada, 
 feel with the most lively pleasure the satisfac- 
 tion his Majesty has been graciously pleased 
 to signify of their endeavours to improve the 
 
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 194 
 
 Chap, provincial revenue, and that the additional 
 >I!L P^oof c>f his Majesty's paternal regard for the 
 1799. welfare and happiness of his subjects in this 
 province, in authorizing his excellency to ad- 
 vance, on the part of his Majesty, such sums 
 of money as may be requisite for erecting pro- 
 per buildings for holding the courts of justice, 
 in the districts of Quebec and Montreal, will 
 fall forth the gratitude of this house to replace 
 these sums in such manner as may be most 
 expedient." 
 
 A bill was accordingly passed " for erecting 
 court-houses, with proper offices, in the several 
 districts of Quebec and Montreal, and for de- 
 fraying the expenses thereof." These were 
 provided for by the imposition of certain taxes 
 on legal writs and other law proceedings, 
 which proving productive, the amount advanc- 
 ed from the military chest, by the home govern- 
 ment was, in a few years, reimbursed. As a 
 further proof of the increase of business and 
 rapid improvement of the province, it may be 
 observed, that in less than twenty years after 
 the erection of those buildings, deemed at the 
 time spacious palaces, though now eclipsed by 
 others of more recent structure, they were 
 found inadequate to their intended purposes, 
 from the want ot luumy and sufficient apart- 
 ments for the public accommodation. 
 
 His excellency dismissed the legislature 
 with the warmest terms of commendation for 
 the zeal and unanimity with which they had 
 attended to the several objects commended to 
 
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 :y to ad- 
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 3ars after 
 led at the 
 ^lipsed by 
 ley were 
 purposes, 
 nt apart- 
 
 egislature 
 
 dation for 
 
 they had 
 
 lended to 
 
 1799. 
 
 their consideration, and the general harmony chap. 
 with which the business of the session had been ^'^^ 
 conducted. 
 
 ^' Gentlemen of the house of assembly, — I have observ- 
 ed,'*— he added, — ** with peculiar pleasure, the cheerful- 
 ness and cordiality with which you proceeded in reestab- 
 lishing the bill ** for repealing certain acts granting rates and 
 " duties to his Majesty, and for granting new and additional 
 " duties in lieu thereof, for appropriating the same towards 
 " defraying the expenses of the administration of justice 
 " and support of the civil government within this province, 
 " and for other purposes therein mentioned j" commonly 
 called " the consolidation act ;" — and I must request your 
 acceptance of my best thanks for your attention to the seve- 
 ral other objects that relate to the revenue and necessary 
 disbursements of the province ; nor must I omit taking par- 
 ticular nolice of the zeal you have shewn in making so early 
 a provision for replacing the sums which his Majesty, in his 
 paternal regard for the welfare and happiness of his faithful 
 subjects in this province, has been graciously pleased to au- 
 thorise me to advance for defraying the expenses to be 
 incurred in erecting the intended new court houses in the 
 districts of Quebec and Montreal. 
 
 " Gentlemen of the legislative council, and gentlemen of 
 the house of assembly, — The relief given to the poorer 
 classes of his Majesty's subjects in the cities of Quebec and 
 Montreal, by the amendments made to that part of the road 
 act which relates to those cities and suburbs, will, it Is 
 hoped, evince to the people at large, the readiness of the 
 legislature to pay due regard to their circumstances and con- 
 veniences, when represented with decency and with a desire 
 of yielding proper obedience to the laws. 
 
 " The general tranquillity which at present happily pre- 
 vails throughout the province, affords good reason to hope, 
 that there will be little occasion for having practical recourse 
 to those extraordinary powers that have been thought pro- 
 per to be vested temporarily in the executive government ; 
 and if, from the secret machinations of the enemy, any 
 instances should happen in which it may become neces- 
 sary to resort to those extraordinary powers, I doubt not but 
 
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 196 
 
 Chap, l^® vigilance of the magistrates, actuated by your influence 
 
 VII, and example, and supported by the zeal of his Majesty's 
 
 ^'-v-^ faithful subjacts in this province, will convince the oflTenders 
 
 1799. of their temerity and give an effectual check to their 
 
 designs." 
 
 This was the last time that his excellency 
 general Prescott met the provincial parliament, 
 and which, as seen, he now parted with on the 
 best of terms. So far the constitution had 
 worked to admiration, and promised success. — 
 The government and parliament were in per- 
 fect harmony, — commerce began to thrive, and 
 the vast resources of trade to unfold them- 
 selves — the province evidently was prosper- 
 ing — and all classes of the people contented 
 and happy, friendly and well-disposed in 
 all respects towards each other — there were 
 no religious feuds or disputes of any kind 
 — national-origin prejudices w^ere scarcely 
 felt or known — never publicly appealed to, 
 and by an universal tacit consent avoided 
 and discountenanced — the habitual politeness, 
 the loyalty, the chivalrous feeling characteristic 
 of the gentlemen of the old french school, 
 were still in the ascendant, and harmonized 
 admirably, with the gentlemanly bearing, 
 upright character, and general informa- 
 tion which, in all countries, distinguish the 
 brit!sh merchant, and for which those in 
 Canada of that, not less than of this day, 
 were eminent.— -The earth yielded, in abund- 
 ance, fruits food for man and beast, and 
 with but little labor, — taxes, none, except 
 upon litigation, as just observed, and upon 
 
 i^V^ 
 
197 
 
 luxuries, which were not felt by the cul-chap 
 livator,— and truly may it be said, that the last v" 
 suh of the eighteenth century, that set uponj^ 
 Canada, left its people the happiest upon this 
 earth of all the sons of men it that day had 
 shone upon. 
 
 We may here, also, at the close of the cen- 
 tury, take a retrospect, for a moment, of the 
 important changes which Canada and the neigh- 
 bouring british colonies in North Artierica, 
 duri..g that pefiod, had undergone. The old 
 english {>rovinces, arrived at maturity, had 
 passed frofifi the colonial state, to independence, 
 and taken, the first on this continent, rank 
 among the nations of the world ; the adjoining 
 old french possessions having, as a prelude to 
 the drai^a, previously become british provinces, 
 in itself an improvement to their former con- 
 ditioii, without taking to account the various 
 prospective advantages awaiting them in that 
 quality. A favored colony of France, from the 
 outset, ruled by an arbitrary but paternal 
 government, and colonized by a brave and 
 warhke people hostile to, and dreaded by 
 theit british neighbours, ^^ho had often smarted 
 under their incursions ; sometimes, indeed, sul- 
 lied by acts of cruelty — we find it, somewhat this 
 side of the middle term, passing by conquest, 
 after hard fought battles, from the dominion of 
 its old to that of its new sovereign, in an 
 orderly spirit, and with an attatihiiient to its 
 institutions, its sincient laws, its Usages, and 
 its customs, ufteicelled in the history of any 
 
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 (Lap. people ; and before the end of it, enjoying a 
 ^'^ constitutional government such as no british 
 j7j,7^ colony before it ever possessed; and though 
 of foreign origin and a conquered people, 
 favored by the king and parliament of the 
 Uniied Kingdom, beyond all others of their 
 own lineage. It had not only thus become the 
 favored of England, but the peculiarly so of pro- 
 vidence, as of England. — Severed from France, 
 it happily escaped the horrors of the french 
 revolution, and its consequences, which Canada 
 laiew only by report ; — for, while that coun- 
 try was subverting its ancient monarchy — 
 trampling in the dust its crown, and disembow- 
 elling itself — the Canadians, its offspring, were 
 prospering under the british government, quiet 
 within and at peace with all the world, with- 
 out contributing to the expenses incidental and 
 necessary to the immunities and protection 
 they were enjoying. But while England was 
 thus extending her american territories to the 
 north, and not yet well assured of them, she 
 also was preparing the causes for an unhappy 
 quarrel with her ancient north american colo- 
 nies, and a costly and inglorious war, resulting 
 in their independence, and vastly overba- 
 lancing the advantages and glory of her 
 recent acquisition. The conquest of Canada 
 added some rays to the lustre of the british 
 arms, but the loss to England of her thirteen 
 splendid colonie , and the creation of a rival 
 though kindred empire, if that acquisition, as 
 some pretend it did, at all contributed towards 
 
njoying a 
 o british 
 d though 
 
 people, 
 ht of the 
 
 of their 
 come the 
 so of pro- 
 n France, 
 he french 
 h Canada 
 hat coun- 
 >narchy — 
 isembow- 
 ng, were 
 erit, quiet 
 id, with- 
 lental and 
 protection 
 gland was 
 Its to the 
 ihem, she 
 unhappy 
 can colo- 
 , resuhing 
 
 overba- 
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 f Canada 
 the british 
 T thirteen 
 of a rival 
 sitiop, as 
 d towards 
 
 199 
 
 the separation, quite overshadows the splen- ^^^ap. 
 dour of the achievement ; — yet, there is some ^^^J^ 
 satisfaction in the reflection that, of the con- 1799. 
 tinent we inhabit, between the Atlantic and 
 the Pacific, from the Labrador and Straits of 
 Belleisle, to Puget's Sound and Vancouver, 
 enough remains to Britain and her adventurous 
 sons, for the formation of a still more powerful 
 empire than that which has already passed 
 from her hands. 
 
 Descending to humbler matters, and more 
 within our scope, it may not be amiss, before 
 closing the chapter and taking leave of the 
 eighteenth century, to pass also in review, the 
 *' dramatis personiB,^' of our provincial political 
 and judicial theatre, and see who were the men 
 of that epoch, that wielded the — " little brief 
 authority*' of their day, and their value. It may 
 prove instructive to the general reader, as well 
 as to those who now have their hour, and 
 exercise the powers that be, and who, looking 
 back at their predecessors on the stage 
 of fifty years ago, may see them, as, probably, 
 they will, some fifty years hence, be them- 
 selves seen, and perhaps compared with them, 
 by their successors on the same boards they 
 now tread, if, by any chance, some idle 
 chronicler like the present, shall think it 
 worth his while, to rake their deeds and recal 
 their names, from the oblivion, to which, in 
 all probability they shall, before that, have 
 been consigned. 
 
 The salary of the governor in chief was then 
 
 
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 ti ; 
 
 '18; 
 
200 
 
 
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 1799 
 
 OJiap. but £2,00O ; increased, this year,* in fevor of 
 ^^' Sir Robert Shore Milnes, the lieutenant gover- 
 nor, to £2,500,— " being £1,000 per annutn, 
 in addition to the present salary of £1,500 per 
 annum, during such time as he shall exercise 
 the administration of the government of Lower 
 Canada, in the absence of the governor." The 
 executive council consisted of 
 
 Chief Justice William Osgoode,* 
 
 The Right Revd. Jacob Mountain, 
 Lord Bishop of Quebec, 
 
 P. R. de St. Ours,* 
 
 Hugh Finlay,* 
 
 Francois Baby,* 
 
 Thomas Dunn,* 
 
 Joseph de Longueuil,* 
 
 Pierre Panet,* 
 
 Adam Lymburner, 
 
 James McGill,* 
 
 Chief Justice James Monk,* 
 
 P A. De Bonne, 
 
 John Lees, 
 
 A. J. DuchesAay, 
 
 John Young, 
 
 Herman Witsius Ryland, dark. 
 Each of these* gendemen received jCIOO, 
 sterling, a year, as executive councillor, and 
 the clerk, Mr. Ryland, £400, besides £200 as 
 secretary to the governor, and fees to a consi- 
 derable amount annually. ^ ' 
 The Court of king's bench at Quebec, con- 
 sisted of the chief justice of the province, 
 
 * Pursuant to a despatch from the minister. 
 
'i .T' 
 
 201 
 
 William Osgoode, Thomas Dunn, Jenkin Wil-chan. 
 liams, and P. A. de Bonne ; that of Montreal, J^ 
 of chief justice James Monk, James Walker, 1799. 
 P. L. Panel, and Isaac Ogden. — There was 
 besides a judge at Three Rivers, P. A. Des- 
 chenaux, styled provincial judge, and judge of 
 king's bench for that district — a provincial 
 judge. Felix O'Hara, for Gasp6, and a judge, 
 James Kerr, for the court of vice admiralty. 
 The salaries were as follows : — to the chief 
 ustice of the province, £1200, sterling ; chief 
 ustice at Montreal £900 — each of the other 
 judges £500 — the judge at Three Rivers £300 
 — ^.judge at Gaspe 200, and the judge of vice 
 admiralty £200. — There was a secretary and 
 registrar of the province. Sir George Pownall, 
 at £400 — an attorney general, Jonathan Sewell, 
 at £300, besides fees — a solicitor general, Louis 
 Charles Foucher, £200 and fees — a receiver 
 general, Henry Caldwell, at £400 — an inspec- 
 tor general of public provincial accounts, 
 Thomas Aston Coffin, at £365 — a surveyor 
 general of lands, Samuel Holland, at £300 — 
 a surveyor general of woods, John Coffin, at 
 £200, (a sinecure) — a french translator, X. 
 de Lanaudiere, £200 — 1 grand voyer of the 
 province, Charles de Lanaudiere, at £500 — 
 (a sinecure.) 
 
 Of all these, nothing now remains above 
 ground but the names ! and even most of 
 these, but for the public accounts in which 
 their memories are embalmed, had probably ere 
 this have been forgotten, though several of them 
 
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 202 
 
 Chap, were certainly men of talents and excelled in 
 
 ^^' their stations. 
 
 TJJg^ The civil expenditure of the province for the 
 year 1799, amounted to £24,597, sterling, 
 besides the expenses of the legislature, amount- 
 ing to £1499 4s. 5d., currency. The revenue 
 to £25,421 3s. S^d., currency, from the fol- 
 lowing sources : — ^ 
 
 Casual and territorial revenue, - - - jL' 435 2 8 
 
 Duties under statute of 1 4 Geo. III. , i;858(» 13 3\. , ? 
 
 Licenses under do. do. 1108 
 
 9694 13 3i 
 
 Duties under provincial act of 33 
 
 Geo. III., 1425 19 6 
 
 Duties under provincial act of 35 
 
 Geo. III., .... 11649 15 8 
 Licences under do. do. 1218 
 
 12867 15 8 
 
 Pilotage Duties under ditto, 
 
 37 Geo. m., • 354 16 6 
 
 Duties under statute of 25 Geo. II., 
 
 and 4 and 6 Geo. III.,* - - - 16 7 8i 
 
 Fines and forfeitures, 145 19 
 
 Duties under provincial act of 39 
 
 Geo. III., 487 6 3 
 
 Currency, £25427 3 3^ 
 
 The reader will observe that some of those 
 soms are in sterling, others in currency^ but 
 being so stated in the public accounts, they are 
 taken as found in ihem. 
 
 General Robert Prescott was relieved of the 
 government by Robert Shore Milnes, esquire, 
 as lieutenant governor, (shortly afterwards 
 created a baronet,) on the 31st July, 1799. 
 He had experienced some misunderstandings 
 with his executive council, relative to the dis- 
 posal of the crown lands, in which it has been 
 
 * These are imperial acts. 
 
9694 13 3i 
 1425 19 6 
 
 203 
 
 generally believed that those gentlemen were e:hap. 
 not altogether personally disinterested, and vii. 
 which it is said occasioned his recall. He was ^^^ 
 universally deemed an upright and honorable 
 man, much respected by all classes and popu- 
 lar as a governor. 
 
 Mr. Prescott left the province with the 
 universal esteem and regret of the inhabitants, 
 receiving from all quarters, previous to his 
 embarcation, the most gratifying proofs of their 
 high estimation of his conduct in the adminis- 
 tration of affairs. 
 
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 CHAPTER VIII. 
 
 Parliament called— speech ami address— voluntary contri- 
 butions in support of the war — culture of hemp consi- 
 dered — Jesuits' estates — communication concerning them 
 to the assembly — address to the governor relating to 
 them — answer — proposal for ulterior proceedings, but 
 postponed— C. B. Bouc, esqr., expelled the assembly- 
 alleged causes of the expulsion — prorogation — revenue 
 and expenditure of 1800 — general election — new parlia- 
 ment meets — Mr. Panet rechosen speaker — proceedings 
 in parliament— liberal acts of the government — proroga- 
 tion — lieutenant governor made baronet of the United 
 Kingdom — finances and expenditure of 1801. 
 
 c;ban. Mr. Milnes, the lieutenant governor, did not 
 ^ meet Lis parliament until the 5th March. 
 1800. There was nothing, in his speech, of particular 
 interest. He observed, that those who ruled 
 in France, notwithstanding the repeated checks 
 which they had received, in every part of the 
 britiish dominions they had assailed, their spirit 
 of hostility had not abated, nor had their 
 destructive principles, still more to be appre- 
 hended by all civilized governments, been dis- 
 avowed. That it became, therefore, those 
 vested with executive authority, to exert their 
 attention wherever there was a possibility that 
 the emissaries of discord might establish an 
 intercourse ; and that under these impressions, 
 he would propose to their consideration the 
 expediency of continuing those temporary laws, 
 
205 
 
 B^^HHP" 
 
 itary contri- 
 liemp consi- 
 cerning ihein 
 r relating to 
 jedings, but 
 assembly— 
 on — revenue 
 -new pariia- 
 -proceedings 
 nt — proroga- 
 r the United 
 
 or, did not 
 h March, 
 particular 
 vho ruled 
 ed checks 
 art of the 
 heir spirit 
 had their 
 3e appre- 
 been dis- 
 ire, those 
 ixert their 
 bility that 
 tablish an 
 pressions, 
 ation the 
 rary laws, 
 
 which, seconded by the zeal and attachment of chai 
 his Majesty's faithful subjects in this province, ^"' 
 had been found to produce such salutary 7k(m) 
 effects. 
 
 " It was with no small pleasure" — he said 
 — " he had observed that demonstration of 
 regard and zeal for his Majesty's government, 
 and the interests of civilised society, which 
 was lately manifested by the voluntary and libe- 
 ral contributions within this province,* which 
 could not but be favorably accepted, and the 
 motives which produced such a tribute of loy- 
 alty duly appreciated by our most gracious 
 sovereign." He congratulated them also, on 
 the very friendly intercourse happily subsist- 
 ing between his Majesty's subjects and the 
 citizens of the neighbouring United States, 
 observing, that the communications he had 
 received, contained the strongest expressions 
 of desire that such good understanding might 
 long endure. 
 
 The assembly, as usual, loyally answered 
 the speech from the throne :— " The spirit of 
 
 ♦ In this province, as in New Brunswick and Nova Scotia, sponta- i 
 neons contributions had been liberally made during 1799, by indivi- j 
 duals in aid of the home government, for carrying on the war. — / 
 Among the foremost in this patriotic move, we tind the lord bishop ; 
 (Mountain) of Quebec, £300— chief justice Osgoode, £300— Sir Geo. j 
 Pownall,i;il6 13s. 4d.— Henry Caldwell, £300— G. Herriot, esqr., i 
 post-master, £50 — Quebec Seminary, £50— J. A. Panet, £30 — W. / 
 Grant, £22— Thomas Dunn, £66 — Le coadjuteur de Quebec ,(Plessis), / 
 £25 — Robert Lester, £30 per annum during the war — Munroand Bell 
 £100— Jenkin Williams, £55— Francois Baby, £40— G. Elz. Tas- 
 chereau, £10— Louis Duniere, £23 6s. 8d. — X. de Lanaudiere, £23 
 6s. 8d. — Lymburner and Crawford, £50 — Rev. Pere Cazeau, £25 — 
 Jonathan Se well, 25— A. McNider, £25— Felix O'Hara, esqr., £27 
 I5s. 6d. — The 1st battalion royal Canadian volunteers, commanded 
 by lieut.-col. Longueuil, £500, sterling, &c. &c. 
 
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 I Imp. hostility and the destructive principles of the 
 ^^ common enemy of all civilized governments 
 18(0. still continuing, without disavowal, the same 
 measures of precaution which have hitherto 
 been found so effectually salutary, appear to us 
 equally necessary. We shall, therefore, forth- 
 with take into consideration the renewal of 
 tliose temporary laws which have contributed 
 to frustrate the machinations of the emissaries 
 of discord." ♦**•*• <» The general medi- 
 ocrity of the fortunes" — they continued — " of 
 his Majesty's subjects in this province being 
 well known, we flatter ourselves our voluntary 
 contributions, though small, will be favorably 
 received." 
 
 The house, having proceeded to business, 
 went, soon after the opening, into committee, to 
 take into consideration the advantages that 
 might arise to the province and the british em- 
 pire, from the culture of hemp within it, and 
 adopted the resolution — " that i* would be 
 advantageous for this province and the british 
 empire, to renew, extend and encourage the 
 culture of hemp in this province " This, how- 
 ever, was not followed up by any enactment 
 on the subject this session. 
 
 The consideration concerning the Jesuits^ 
 estates was resumed, and on a motion by Mr. 
 Plants, " that the house do resolve itself into a 
 committee to consider of the most proper 
 measures of obtaining information concerning 
 the rights and pretensions which this province 
 may have upon the college of Quebec, (the 
 
 -V / 
 
207 
 
 es of the 
 ernments 
 he same 
 I hitherto 
 3ear to us 
 )re, forth- 
 newal of 
 ntributed 
 missaries 
 ral medi- 
 led—" of 
 ice being 
 voluntary 
 favorably 
 
 business, 
 mittee, to 
 ages that 
 'itish em- 
 n it, and 
 vould be 
 le british 
 Jrage the 
 lis, how- 
 nactment 
 
 3 Jesuits^ 
 n by Mr. 
 self into a 
 t proper 
 )ncerning 
 province 
 )ec, (the 
 
 Jesuits* college) and the estates thereunto an-rhnn. 
 nexed," Mr. Voung, one of the executive ^"' 
 council, rose in his place and said that he "»vas7h(^ 
 authorised by his excellency the lieutenant 
 governor to inform the house, that his excel- 
 lency by and with the advice of his Majesty's 
 executive council, had given orders to take 
 possession of the estates of the order of the 
 Jesuits in the name of, and as the property, of 
 his Majesty.* The house, nevertheless, went 
 into committee, and reported as follows : — 
 
 <" That it is the opinion of this committee^, tliat an humble 
 address be presented to his excellency the lieutenant gover- 
 nor of this province, setting forth, that the house is anxious 
 to investigate the pretensions or claims which ihis province 
 may have on the college of Quebec, on the estates there- 
 unto annexed, and the nature of the same : That as there are 
 a great number of documents and official reports relative to 
 the said rights and pretensions blended with other papers, 
 that concern the estates heretofore possessed and claimed 
 by the religious order known by the name of Jesuits in this 
 province, fyled in the late legislative council office of the pro- 
 vince of Quebec; particularly a report made on or about 
 the 30th June, 1789, to his excellency lord Dorchester, the 
 governor general, in conformity to a commission issued the 
 29th December, 1787, for the purpose of examining and 
 enquiring into the nature of the estates of the said relifjious 
 
 • This occurretl on the 12th of March, 1800— on the 16th of th<' 
 same, Father Casol (sometimes written Cazeau) died. The follow- 
 iiis; obituary notice of this deserving old Jesuit, appears in \hf 
 Quebec Gazelle oi' 20lh March, 1800:—" On Sunday last, the lf)th 
 instant, died the reverend father Jean-Joseph Casot, priest, of the 
 company of Jesus, procureur of the missions and colleges of the Jesuit* 
 in Canada, the last of the Jesuits of this province. The immense 
 charities which he bestowed assure him for a long time, the blessing 
 t»f the poor. He was one of those men whose life is a hidden treasure , 
 juid his death is a public calamity," 
 
 The worthy father is still spoken of with esteem by those who 
 knew him personally, though few of them survive. 
 
 VI 
 
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208 
 
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 cUan. o''<ier, and all papers that might have been at any time fyled 
 vm. relative to the same ; the house desires to have communica- 
 --"-^"""^ tion, if necessary, of all or part of the said titles, documents, 
 l>iOJ. reports and papers, inasmuch as by an order of his excel- 
 lency lord Dorchester, the governor, in council of the 25th 
 August, 1790, the clerk of the said council was then direct- 
 ed to allow access to the said papers and grant copies or 
 extracts thereof to all persons conceiving themselves inte- 
 rested therein : — That his excellency may therefore be 
 pleased to order, that the officers now having charge of the 
 said titles, documents and reports of the said commission 
 and other papers above mentioned, do forthwith communi- 
 cate and officially deliver, or allow copies to be taken, or, if 
 thereunto required, extracts only, of all the said titles, reports 
 of the commission, and papers, to or by such committees as 
 may be authorised by the house to that effect." 
 
 This resolution being concurred in by the 
 house, (by a vote of 16 to 8,) — an address 
 accordingly was sent up to the lieutenant 
 governor, who answered the messengers: — 
 
 •■' Gentlemen, — I think it necessary to inform you on the 
 subject matter of the present address, that the whole pro- 
 ceedings of the commission issued on the 29th December, 
 1787, including every claim and pretension respecting the 
 estates of the late order of Jesuits in this province, together 
 with the humble address of the house of assembly, voted on 
 the 11th of April, 1793, have been respectively submitted 
 to the king: — That his Majesty having been graciously 
 |)leased to refer the whole proceedings to his privy council, 
 the lesult of their consultations, with his Majesty's order 
 thereon, was transmitted to this government in the month 
 of April last ; and, in consequence of such order, commis- 
 sions have issued to take the whole of the property into the 
 'lands of the crown. 
 
 " After reflecting on these circumstances, should the 
 house of assembly continue to deem it advisable to persist 
 in their proposed investigation, I shall comply with their 
 request, to allow them access to those papers which have 
 already been made public, and shall in that case give orders* 
 
 Veil 1. Hi 
 
 
209 
 
 
 that all persons duly authorised by the house of assembly, cjjap. 
 be at liberty to lake copies of all titles, documents, reports, VIIl. 
 papers, and all proceedings under the commission mentioned, v-*-«<-w 
 which were returned into the council office, on or before the 1800. 
 25th of August, 1790. 
 
 " But, after the information I have now given, the house 
 of assembly will certainly deem it incumbent on them to 
 consider whether it is consistent with that respect which 
 they have hitherto uniformly manifested towards their sove- 
 reign, to reiterate any application on the subject." 
 
 It was nevertheless resolved, a few days 
 after this, that the house would go into com- 
 mittee, to take into consideration his excel- 
 lency's answer, which it accordingly did, but 
 came to the resolution " that the house ought 
 to postpone, to a future time, the inquiry into 
 the rights and pretensions alluded to." * 
 
 i? 
 
 * This resolution was adopted by way of -imendment to a motion 
 proposed by Mr. Grant, for an address to hi ajesty with reference 
 to those estates, in the following terms; and w uich is introduced here 
 ;is containing historic matter worth recording : — 
 
 " That a special committee of five members be named by the house 
 to prepare an humble, loyal and respectful address to his Majesty, 
 humbly supplicating his Majesty, to take into his royal and paternal 
 consideration, the deplorable state of the education of youth in this 
 province since the conquest thereof by his Majesty's arms, in the 
 years 1759 and 1760. 
 
 <' That at and before that eventful period, the society of Jesuits 
 established in Canada, had zealously devoted themselves and their 
 Ibrtunes, to the propagation of the christian religion, and the educa- 
 tion of Canadian and Indian youth — and had been peculiarly successful 
 in their endeavors ; forming men, who by their talents and enterprise, 
 have done honor to their country, as well in arts as in arms. 
 
 " That though his Majesty's general the late gallant and sage lord 
 Amherst, by the capitulation which he was pleased to grant to the 
 Canadians at Montreal, on the 8th of September, 1760, assured to the 
 Jesuits as toothers, their estates and properties, yet the downfall of 
 that order in Europe, immediately following the conquest, the reve- 
 rend fathers in Canada, were thrown into such co»:sternation and 
 incertitude, that they relinquished the duties or rules of their institu- 
 tion as to the education of youth ; and their houses of mission and 
 college of Quebec, soon became converted, perhaps necessarily, into 
 store-houses, gaols, courts ofjustice and barracks. And the revenues 
 
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 111 
 
 210 
 
 Chap. Charles Baptiste Bouc, esquire, a member 
 ^J^ representing the county of Effingham, was this 
 isuo. session expelled the assembly, it appearing to 
 the house by the record of a conviction which, 
 upon motion of the attorney general, had been 
 laid before it, that he had been convicted upon 
 an indictment found against him the year be- 
 fore, at the criminal assises at Montreal, of a 
 conspiracy, with sundry other persons, unjustly 
 and fraudulently to obtain of one Etienne 
 Drouin,divers large sums of money. It appeared 
 that Bouc having purchased a quantity of wheal 
 
 (•r their other estates and possessions diverted from the hurrfsine aiul 
 pious purposes of the donors, the kings and subjects of France; havf 
 l)een. since the conquest, absorbed by the reverend fathers in Canada 
 lor their personal sup]X)rt; or have been by them distributed in ahii.x 
 and other benevolent charities. 
 
 " That by the late demise of the reverend father Casot, tlie last oi" 
 the order in this province, the estates and possessions of the society ol 
 iesuits are now indubitably vested in his Majesty, and at his royaJ 
 disposition and will. 
 
 " That therefore, his dutiful and faithful Canadian subjects, mo.^t 
 humbly beseech his Majesty to appropriate the said estates, if not 
 already disposed of, to the purpose of education in this his province oJ 
 Lower Canada, in such manner as to his Majesty in his royal wisdom 
 may seem meet ; or if already disposed of by his Majesty, that he may 
 be 2;raciously pleased to grant and assign some other estate, or portion 
 of the waste lands of the crown, or other fund, with royal foundation, 
 for the purposes of learning and science, as his royal munificence 
 may direct. 
 
 " That it is the humble opinion of the representatives of the com- 
 mons of Canada, in the present parliament assembled, that the 
 enlightening of the minds of the youth of the province, by liberal 
 education, is the surest means of attaining the ends of that free and 
 generous constitution which his Majesty in parliament has so graci- 
 ously been pleased to bestow upon his Canadian people. That tlx; 
 more his subjects here, are enabled to perceive the benefits arising 
 from the inestimable boon conferred, the more they will admire uid bo 
 attached to that wise and incomparable system of civil and ptlitical 
 order and freedom which the nations of the world envy, in the king- 
 doms find countries living under his Majesty's dominion. The happy 
 combination of government, which, as avowed by a conspicuous mo- 
 dern reformer, enables his Majesty, our gracious sovereign, to " reig" 
 *' over a free nation, with the sole view of making it happy." 
 
211 
 
 from Drouiti. afterwards accused him of hav-chap 
 ing fraudulently " moistened and wetted" it, ^^^'• 
 to increase its volume and weight, and threat- "J^ 
 ened to prosecute him for it criminally unless 
 he gave him an indemnity. Drouin being a timid 
 man and led by Bouc, and others in his interest, 
 to believe that they had him in their power, 
 and could convict him of this, which they gave 
 him to understand was a capital offence, gave 
 his note to Bouc for £75, as a composition for 
 the pretended offence, or hush money, of 
 which he actually soon after paid him £58, 
 Bouc releasing him of the balance. Drouin 
 pretending that he had been wronged, and 
 being advised to seek redress, laid the matter 
 before the law officers of the crown, by whom 
 Bouc and his confederates were indicted for 
 this as a conspiracy, and convicted. Bouc was 
 sentenced to three months imprisonment and 
 to pay a fine of c£20, and to enter into bonds 
 for good behaviour during three years, himself 
 in £500 and two sureties in £200 each. The 
 others were severally fined in six shillings and 
 eight pence, and sentenced to three weeks 
 imprisonment. The record of those proceed- 
 ings being laid upon the table, it was ordered 
 that " the said Charles Baptiste Bouc, be heard 
 by his counsel at the bar of this house, on 
 Wednesday next, (2d April) at three o'clock 
 in the afternoon," on which day the assembly, 
 after hearing his counsel voted, his expulsion, 
 by a majority of thirteen, (yeas 21, nays 8.) 
 Mr. Bouc was reelected more than once, but 
 
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 212 
 
 Chap, finally disqualified by act of parliament. It has 
 ^^"* been insisted upon by persons of high respect- 
 7^^ ability, some of whom taking an interest in Mr. 
 Bouc's treatment, endeavoured to procure the 
 repeal of the act proscribing him, that he was 
 the person conspired against, and a persecuted 
 man, owing to his politics, which were anti- 
 executive it would seem. It is certain from the 
 standing he maintained in the county of his resi- 
 dence, and his reelection, that he must have 
 enjoyed the general respect of his neighbours. 
 The lieutenant governor prorogued the legis- 
 lature on the 26th of May, but in the sterility 
 of his speech there is nothing to be found 
 deserving of notice. Eight bills received the 
 royal sanction, including one for continuing 
 " the act for the preservation of his Majesty's 
 government." 
 
 The public accounts make the revenues of 
 the province for 1800 amount to £20,08 1, 
 currency, and the civil expenditure £36,459, 
 sterling, besides the salaries of the oflicers of 
 the legislature,^ 1496,exceeding, by upwards of 
 £200, the fund appropriated for their defrayal. 
 The sum paid to Upper Canada as " the just 
 proportion of the duties imposed by the legis- 
 lature, on such articles as have been trans- 
 ported from this province into Upper Canada, 
 between 1st January and .31st December, 
 1800," was £903, sterling. That of the pre- 
 vious year was £1404. The salaries of the 
 judges were, from £500, increased on the 1 st 
 of October of this year, to £750, per annum, 
 
It. It has 
 ti respect- 
 est in Mr. 
 Dcure the 
 at he was 
 ersecuted 
 ere anti- 
 i from the 
 )f his resi- 
 lust have 
 jighbours. 
 the legis- 
 5 sterility 
 be found 
 eived the 
 :ontinuing 
 Majesty's 
 
 venues of 
 £20,081, 
 i:36,459, 
 officers of 
 pwards of 
 defrayal. 
 ' the just 
 the legis- 
 en trans- 
 ' Canada, 
 'ecember, 
 f the pre- 
 es of the 
 Dn the 1 st 
 Br annum, 
 
 213 
 
 and the judge at Three Rivers, to £500 from riiap. 
 £300, sterling * ^ 
 
 The second provincial parliament ending with igoo. 
 this session, the writs for a general election, 
 tested 7th June were issued, and the elections 
 immediately took place, being, as on the pre- 
 vious occasions they had been, warmly con- 
 tested. There being nothing extraordinary in 
 the occurrences of the present year, w^e shall 
 proceed to the opening of the Legislature. 
 
 This took place on the 8th January, 1801, 1 
 and Mr. Panet being again chosen speaker, the ' 
 business of the session was entered upon.f 
 
 * This was in virtue of a diypatoh from the duke of Portland, dateil 
 16th July, 1800. The salaries of the chief justices, of the provinct' 
 (Osgoode), and of Montreal (Monk) ; the fornier at £1200, steriini?. 
 the latter o£90!), remained stalionary until loth Au,'iust, 1802, when 
 thoy also were augmented, the first to £1500, and the second £1100- 
 Mr. Osgoodo was allowed to retire on the 1st May, 1802, with an 
 annuity of £800 for life, pursuant to a despatch from lord Hobart, to 
 that effect. Those officials were at that time and for several years 
 subsequently, exceedingly busy politicians, as well as judges, mixing 
 themselves upv/ith the politics of the day, and elections, as if the 
 sacred functions of their judicial stations were but a secondary consi- 
 <leration. Some of them had seats in the assembly, and some in the 
 executive, and legislative councils ; and, consequently, a ready access, 
 at all times, to the governor's ear. They availed themselves, of 
 course, of their position, often nusk':;ding the governor who incau- 
 tiously followed their suggestions, njaking themselves in return his 
 tools, but invariably pursuing that first grand policy of most colonial 
 politicians, their own p«^rsonal interests. The reader will see, as we 
 proceed, the trouble uud annoyance to which the country was put, in 
 excluding the judges from jwli tics, and restricting them to their judi- 
 cial duties exclusively. 
 
 f ThLihe third assembly of Lower Canada, consisted of the fol- 
 lowing members : — 
 
 For the Lower Town of Quebec, Robert Lester and J. Young; 
 Dorchester, John Caldwell and Thos. Taschereau ; Borough of Wil- 
 liam Henry, Jonathan Sewell ; Hampshire, Joseph Plantc and Fra):- 
 oois Huot • EMingham, Chs. B. Bouc and Andre Nadon; Borough of 
 Three Rivers, P. A. De Bonne and John Lees ; the Upper Town of 
 Quebec. J. A. Panet and A. J. Raby ; Devon, Bernard Peltier, fils, 
 und F, Bernier ; St. Maurice, T. Coliin and Mathew Bell; Richelieu, 
 
 • i : 
 
 ri 
 
 ij 
 
 
 ' ■ ; ■'. 
 
 
 'V,\ 
 
 '?|: 
 
 m 
 
 f :, 
 
214 
 
 Chap, The speech recommended a reconsideration of 
 ^"^- " the expediency of continuing that act of pre- 
 TsoT caution for the public safety which, from tin>e 
 to time, had been renewed, and hitherto found 
 beneficial," meaning the act for the better pre- 
 servation of the government. 
 
 His excellency informed the legislature " that 
 his Majesty had been graciously pleased to 
 give directions for the establishment of a com- 
 petent number of free schools for the instruc- 
 tion of children in the first rudiments of useful 
 learning and in the english tongue, and also, as 
 occasion might require, for foundations of a 
 more enlarged and comprehensive nature, and 
 that his Majesty had been further pleased to 
 signify his royal intention that .> suitable pro- 
 portion of the lands of the crown should be set 
 apart, and the revenues thereof appropriated 
 to such purposes." 
 
 " He had it further in command" — he said, 
 — " to express the just sense his Majesty enter- 
 tained of the loyalty and public spirit of the 
 inhabitants of Lower Canada, manifested by 
 
 Ls. E. Hubert and B. Livernois ; Kent, Ant. M. Lafontaine ftn<l 
 Franc. Vig6; Orleans, j\^rome Martineau; Surry, P. de Rochehlave 
 axid J . Levesque ; Quebec, county — Louis Paquet and M. A. Bertlic- 
 lot ; Leinster, Joseph Beaumont and J. Archambault ; Huntingdon, 
 J. F. Perrault and J. Bte. Raimond ; Warwick, James Cuthbert and 
 Ross Cuthbert; Bedford, John Steele ; Montreal, County — J()s»]/li 
 Papineau and Thos. Walker; York, Joseph Bedard and L. C. Tou- 
 cher ; Cornwallis, Joseph Boucher and Alexander Menut; West 
 Ward of Montreal, James M'Gill and J. P^rinault ; East Ward oi" 
 Montreal; P. L. Panet and F. Badgley; Buckinghamshire, John 
 Craigie and Louis Gouin; Northumberland, J. M. Poulin and Pierre 
 Bedard; Hertford, Michel Tellier and Louis Blais; Gaspe, William 
 Vondenvelden. Of these, fourteen denote a british, one a german. 
 the others a french origin. 
 
i\i 
 
 deration of 
 act of pre- 
 from titDe 
 lerto found 
 better pre- 
 
 iture " that 
 pleased to 
 : of a com- 
 he instruc- 
 s of useful 
 nd also, as 
 ations of a 
 lature, and 
 pleased to 
 litable pro- 
 ould be set 
 ypropriated 
 
 ' — he said, 
 esty enter- 
 Dirit of the 
 lifested by 
 
 Lafontaine nml 
 . de Roche])lavt^ 
 d M. A. Berthe- 
 It; Huntingdon, 
 es Cuthberl mul 
 County — J<).sf]/li 
 and L. C. Fou- 
 ■ Menut; West 
 East Ward of 
 liamshire, John 
 *ouliii and Pierre 
 Gaspe, William 
 , one a german. 
 
 215 
 
 their liberal contributions, and also of the zeal (-han 
 and attachment they had shewn, as well to his vrii. 
 royal person, and family, as to the principles "j^ 
 of our most excellent constitution." 
 
 The assembly, in answer, assured him that 
 they would most cordially concur in continuing 
 that act of precaution for the public safety 
 which they had hitherto found so beneficial. 
 They rejoiced in the promised establishment 
 of free schools. " If the fortunes" — they ob- 
 served — " of his Majesty's subjects in Lower 
 Canada, were equal to their loyalty and attach- 
 ment to their most gracious sovereign, their 
 contributions for the support of the war, which 
 circumstances rendered so inconsiderable, 
 would have been more deserving of the royal 
 approbation." 
 
 Some important acts were passed this ses- 
 sion, including two of revenue, one granting a 
 duty on the licensing of billiard tables, the 
 other imposing duties on tobacco and snufl". 
 These bills were reserved for the royal plea- 
 sure, which being sanctioned soon after, * 
 became law — one related to the decisory oath 
 (** serment decisoire,^') in commercial matters, 
 which, there being previously a doubt of its 
 admissibility in such cases, this bill admitted 
 when referred by either party to the other, in 
 a cause pending at law — the other related to 
 the establishment of free schools, as proposed 
 by the lieutenant governor, and the establish- 
 
 • 7th April, 1802, as notified by pfociamation of the lieutenant 
 governor, dated at Quebec, 12th August, 1802. 
 
 iV 
 
 ,1 
 
 H 
 
 1 i 
 
 III 
 
 Ml 
 
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 ^ •] 
 
 
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 :' i 
 
 
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 216 
 
 chaj.. ment of a corporation under the style of " the 
 vjji. royal institution for the advancement of learn- 
 TJ^tn^,"* — the third was "for removing the old 
 walls surrounding the city of Montreal," the 
 demolition of which had three or four years 
 previously been petitioned for by the inhabi- 
 tants, and v/as now consented to as necessary 
 to " the salubrity, convenience, and embellish- 
 ment of the city." This act was a fresh proof 
 to the country of the respect for private rights 
 entertained by the british government. The 
 ground upon which, for the common safety, 
 those walls had been built was, for the most 
 part, private property, and had been taken 
 by the french government without allowing any 
 indemnity to the respective owners, it being 
 understood that if ever the walls w^ere demo- 
 lished the ground should revert to the rightful 
 proprietors, or their legal representatives. It 
 
 * This act has proved a faihire, and though still unrepealed, on the 
 statute book is virtually a dead letter. No appropriation of lands as 
 proposed, was ever set apart for the purpose of education, for what 
 reason is not apparent. The institution was kept alive for many years 
 by money grants from the assembly, from year to year, for paying 
 the teachers and others employed by it. The roman catholic hierarchy 
 and priesthood throughout the province, universally discountenanced 
 it from the commencemert, not, as it is believed, from averseness to 
 the spread of instruction, but from objections to the composition of 
 the board at its first establishment, being chiefly, if not altogether of 
 protestants, the protestant bishop of Quebec at the head, and there- 
 fore, in their estimation, sectarian. It has failed, as might have been 
 anticipated, from the want of co-operation and cordial support, not to 
 say opposition of so influential a body as the roman catholic clergy, in 
 Lower Canada, who l-ke all oth.r religious denominations insist, ami 
 with reason, on having in their own hands exclusively, the education 
 of their own flock. Lord Dalhousie made an effort to combine the 
 two interests, protestant and roman catholic, in this matter, but with- 
 out success. How the recent school act of 1846, now creating a stir 
 in several of the rural parishes will work, remains to be seen. 
 
3 of " the 
 ' of learn- 
 ig the old 
 real," the 
 Dur years 
 16 inhabi- 
 necessary 
 smbellish- 
 -esh proof 
 ^ate rights 
 nt. The 
 on safety, 
 the most 
 en taken 
 owing any 
 it being 
 TO demo- 
 be rightful 
 atives. It 
 
 •pealed, on the 
 ion of lands as 
 ation, for what 
 for many years 
 ear, for paying 
 holic hierarchy 
 iscountenanced 
 n averseness to 
 
 composition of 
 ot altogether of 
 •ad, and there- 
 light have been 
 
 support, not to 
 holic clergy, in 
 ions insist, and 
 , the education 
 combine the 
 tter, but with- 
 ' creating a stir 
 ! seen. 
 
 217 
 
 was to assure justice in this respect, no lesschap 
 than for the demolition of the walls now become ^"* 
 a nuisance to the city of Montreal, that this act ihoi. 
 was passed, authorising their removal and the 
 appointment of commissioners for those pur- 
 poses, all which was accomplished so effect- 
 ually by 1817, that nothing remains of them 
 to-day, and the claims settled to the satis- 
 faction, it is believed, of all concerned. — 
 This very liberal and equitable act admitted 
 the right of recovery and repossession to all 
 those whose claims, on examination by the 
 court of king's bench at Montreal, might 
 be found good. The following is the pre- 
 amble : — 
 
 *' Whereas in pursuance of an arrSt of his 
 most christian Majesty, bearing date at Ver- 
 sailles, the 13th day of May, 1724, for the 
 better defence of the city of Montreal, in this 
 province, a stone wall and other fortifications 
 of stone were heretofore built and erected 
 around the said city, partly on land ceded to 
 his most christian Majesty by the ancient com- 
 pany of New France, and partly on land the 
 property of divers individuals. And whereas 
 your majesty, by message through your lieute- 
 nant governor was, on the 2 1st March, 1797, 
 graciously pleased to express your royal will 
 and pleasure that the legislature should delibe- 
 rate on the most expedient measures to be 
 adopted for the improvement and embellish- 
 ment of the city of Montreal, and for the more 
 expeditious and effectual method of deciding 
 
 
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 ml 
 
 'M 
 
 in 
 
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 ''li' 
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 I'll 
 
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218 
 
 '1 
 
 I^ 'w 
 
 Chap, all questions that may arise on the subject of 
 ^^' the repossession of the ground now occupied 
 1801T by the old fortifications thereof; — and whereas 
 it is expedient to take down and remove the 
 said walls and fortifications yet standing, but 
 in a ruinous condition, and otherwise to pro- 
 vide for the improvement of the said city of 
 Montreal, by new squares and streets, to be 
 laid out, opened and made upon the site of the 
 said wall or fortifications, or lands adjacent. 
 And whereas it is just and reasonable that the 
 land which the said wall and fortifications now 
 occupy and which does not belong to his 
 Majesty, should be delivered up to the lawful 
 proprietors thereof, their heirs or assigns, — 
 and whereas also, the objects herein before 
 recited require the aid and authority of the 
 provincial parliament : — Be it enacted," &c. 
 
 The message received from his excellency 
 the lieutenant governor, (R. Prescott,) on this 
 subject, was as follows : — 
 
 ** His Majesty having been graciously pleased to signify 
 his acqui'iscence to the petition of his good subjects of the 
 city of Montreal, praying to be permitted to repossess such 
 part of the ground occupied by the fortifications of that city, 
 as shall not be deemed necessary for military or other public 
 purposes, the lieutenant governor feels great satisfaction in 
 being authorised to communicate the king's pleasure to the 
 house of assembly on that subject. 
 
 ** It having been suggested that tho ground occupied by 
 those fortifications w&s taken up on condition, that the seve- 
 ral lots should revert to the original proprietors, or their 
 heirs or representatives, when the same shall be found no 
 Ici.ger necessary for public uses ; and as adverse claims 
 may, possibly, arise respecting such property, by v/hich the 
 relinquishment thereof, instead of being a public benefit 
 
219 
 
 according to his Majesty's gracious intentions, may, in giv- chap. 
 ing occasion to strife and litigation, become a source of Viil. 
 public detriment, the lieutenant governor recommends to the >.^v*^ 
 assembly to deliberate on the adoption of some expeditious 1801. 
 and effectual method of fmally deciding all questions that 
 may arise on this subject. 
 
 " As the present appears to be a suitable occasion for 
 considering of such improvements as may conduce to the 
 salubrity, convenience and embellishment of the town, the 
 lieutenant governor further recommends to the house, the 
 consideration of providing additional powers, in case they 
 should be fcuud necessary for carrying these desirable objects 
 into execution. 
 
 " The commanding engineer will be directed to lay before 
 the house, a plan of the town and fortifications as soon as 
 the same can be prepared, and to give to them the requi* 
 site information relative to tiio reserves which it will be 
 necessary to make, on the part of the crown, for public uses. 
 
 (Signed) " R. P." 
 
 " Castle of St. Lewis, Quebec, 2l8tMarch, 1797." 
 
 Nor while the british was thus discharging 
 the obligations of the French government was it 
 unmindful of its own. An assignment of three 
 townships was, at this time laid off, for the 
 officers, non-commissioned officers and privates 
 who had served during the blockade of this 
 city, in the winter of 1775-6.* 
 
 • The following notice, founded on the order in council passed on 
 this head, appeared in the Quebec Gazette of the 19th March, 1801 : — 
 
 " Advertisement — Canadian' Militia. — Who '^eas by a report 
 of the committee of the whole council, dated the 20th May last, 
 approved by his exeellency the lieutenant governor, the townships of 
 Windsor, Simpson, Wendover, and another to be taken on the south 
 side of the River Becancour, should it be necessary, to complete the 
 lots of the Canadian militia, have been appropriated for the officers, 
 non-commissioned officers and privates of the Canadian militia, who 
 served during the blockade of this city, in the winter of 1775-6, and 
 for the widows of those who were married prior to or during that 
 epoch ; and who by advertisement in the Quebec Gazette, of the 24th 
 May last, were requested to give in their names to le comte Dupre, 
 
 4 
 
 '.' l!', 
 

 f 
 
 T' 
 
 l-ji. 
 
 r ''if 
 
 
 ,1' 
 
 ('hap 
 VI if. 
 
 1801. 
 
 220 
 
 Among the miscellaneous matters of the 
 session was the reexpulsion of Mr. Bouc, who 
 had been again returned at the late general 
 election. It appears by the journals of the 
 assembly, that " a member in his place inform- 
 ed the house that he was present at the late 
 election of knights of the shire, to serve in this 
 provincial parliament for the county of Effing- 
 ham, and that he is well acquainted with the 
 person of Mr. Bouc, who is returned to serve 
 tor the said county, and that he is the same 
 identical Charles Baptiste Bouc, who was 
 expelled this house during the last session.'' 
 From the above, to fix his identity, it would 
 seem, he had not yet appeared to take his seat. 
 It accordingly was therefore " resolved, that as 
 it appears by a record of the court of king's 
 bench for the district of Montreal, that Charles 
 Baptiste Bouc, a member of this house, upon 
 an indictment in the aforesaid court exhibited 
 
 esq., colonel of the Canadian militia, who are to receive iar:ds acconl- 
 injj to the following schedule : — ■ , 
 
 For a field officer, . - . - loOO acres. . 
 
 a captain, . . - - - 700 do. •' 
 
 a lieutenant and ensign, - - - 500 do. 
 
 non-commissioned officers and privates, 400 do. each. 
 And to the widows according to the rank which their husbands 
 held. 
 
 And whereas there has, in consequence, issued a warrant of survey ; 
 all persons concerned are hereby required to deposit into the hands of 
 ''aptain Charles Pinguet, esquire, before the 1st day of May next, 
 their share of the expenses ot survey and other necessary disburse- 
 ments for obtaining the letters patent, at the rate of two pounds seven- 
 tt»en shillings and six-pence for every 400 acres, which they may be 
 c'jiMtled to receive according to the foregoing schedule. 
 Quebec, 19th March, 1801, Le Cte. DUPRE', Colonel. 
 
 IV. B. — The widows of such militiamen as have served during the 
 UU><;kade, are requested to send in their names and surnames to Mr. 
 James Voyer, the agent, residing in the lower town. 
 
 
 (( 
 
 n 4 
 
Ml 'I 
 
 lands accord- 
 
 
 221 
 
 against him, had been convicted of the crime c'hun 
 of conspiracy, with sundry persons, unjustly ^^ 
 and fraudulently to obtain of Etienne Drouin, ihoi. 
 divers large sums of money ; — and whereas the 
 said Charles Baptiste Bouc, in consequence 
 thereof, was expelled during the last session, 
 that he be expelled this house." 
 
 Mr. Bouc, notwithstanding this, was reelect- 
 ed by his constituency, but it was resolved that 
 " having been in this session of parliament 
 expelled it, he was and is incapable of being 
 elected a member to serve in the present par- 
 liament." He, therefore, was again " expelled 
 for the reasons (the above) set forth in the 
 resolutions of this house, the :d of April, 1800, 
 and of the 24th of January last." He was, 
 nevertheless reelected, but disqualified, as we 
 shall observe, at the ensuing session, by an act 
 of the provincial parliament, and his person 
 subsequently incarcerated in the common gaol 
 at Quebec, on suspicion of treasonable prac- 
 tices, under the act for the better preservation 
 of his Majesty's government, which began thus 
 to be made an instrument of oppression, and to 
 put down an humble individual who, however 
 troublesome to the assembly, could not have 
 been an object worthy of any apprehension by 
 the government, which, in this manner, uncon- 
 sciously lent itself, there is cause to believe, 
 to the suggestions of personal pique and the 
 vengeance of a coterie against him. 
 
 The legislature was prorogued on the 8th of 
 April, but beyond the common place obser- 
 
 T 2 
 
 II 
 
 t'l 
 
 ! 
 
 ( :'' 
 
 n\ 
 
 :» f j u 
 
 '41 
 
,5' H 
 
 lljl^ 
 
 
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 U 
 
 Chap, vances usual on a friendly parting, there was 
 J^ nothing of note in the lieutenant governor's 
 1801. speech. " It will, I am persuaded," — said his 
 excellency, — " be highly satisfactory to his 
 Majesty to observe that, in the regulations 
 which you have framed for the improvement of 
 certain parts of the revenue, you have evinced 
 a laudable disposition to lessen the burthen of 
 the parent state, in defraying the expenses 
 . of the civil administration of this province." 
 A few days aftc the prorogation, his excel- 
 lency learned that the king had been pleased 
 to grant him the dignity of a baronet of the 
 United Kingdom. 
 
 A bill also was passed " for the relief v{ 
 persons holding lands or immoveable property 
 of his Majesty enroture, upon which lods et 
 ventes and mutation fines are due." It autho- 
 rised the appointment of commissioners with 
 power to remit, in certain cases, the arrears of 
 lods et ventes due to the crown, and in others, 
 to make large deductions on immediate pay- 
 ment of a small proportion of the dues. Those 
 who had served in defending Quebec during 
 the blockade of the winter 1775-6, were alto- 
 gether exonerated from the payment of lods et 
 ventes to which any property they then pos- 
 sessed may have been liable, who were thus 
 favored in this manner, as ivell as by grants of 
 crown lands in reward of their services. 
 
 The revenues of the year 1801, amounted in 
 all to £27,166, currency, of which £17,120— 
 were available towards the discharge of the 
 
there was 
 governor's 
 — said his 
 ry to his 
 egulations 
 ivement of 
 ^e evinced 
 burthen of 
 
 expenses 
 
 5) 
 
 3rovince. 
 his excel- 
 in pleased 
 let of the 
 
 relief i)( 
 property 
 ch lods et 
 It autho- 
 ners with 
 arrears of 
 in others, 
 iate pay- 
 ;s. Those 
 3c during 
 vere alto- 
 of lods et 
 hen pos- 
 ^7ere thus 
 grants of 
 s. 
 
 3unted in 
 17,120-- 
 e of the 
 
 223 
 
 expenses of the civil government, this yearcha].. 
 amounting to £33,831, sterling, including ^^^'• 
 £903 paid to Upper Canada, for its proportion ,j^(^j 
 of revenue collected in 1800. The amount due 
 that province for 1801, remaining due to it from 
 the above, was «£ 1069. — The expenses of the 
 legislature were .£1961, currency, and the 
 revenue to defray them £1785. 
 
 The following were the members of the 
 legislative council in 1801 : — 
 
 Chief justice Osgoode, speaker. 
 Rt. revd. Jacob lord bishop of Quebec. 
 
 'O 
 
 Hugh Finlay, 
 Thomas Dunn, 
 P. R. de St. Ours, 
 Francois Baby, 
 Joseph de Longueuil, 
 Chas. de Lanaudiere, 
 Sir George Pownall. 
 
 R. A. de Boucherville, 
 Henry Caldwell, 
 Chief justice IVlonk, 
 Sir John Johnston, 
 ChLrtier de Lotbiniere, 
 Ga9. El. Taschereau, 
 
 ERROR TO BE CORRECTED. 
 
 Per—" He observed that those who ruled in France," in the fourth 
 line of this chapter, page 204, read — He observed wi^/i respect to those 
 who ruled in France that. 
 
 m 
 
 II 
 
 ''Ha 
 
 
224 
 
 '! '' 
 
 If. If St 
 
 mm 
 
 !!•■ V 
 
 Chap. 
 IX. 
 
 1802. 
 
 CHAPTER IX, 
 
 Parliament meets — lieutenant governor congratulates them 
 on the peace— encouragement of the culture of hemp 
 proposed — acceded to — money voted and a board ap- 
 pointed — Mr. Bouc disqualified — expedience of salary to 
 the speaker and an allowance to members considered — 
 close of the session — settlement of the eastern townships 
 commenced— session of 1803 — militia and gaols recom- 
 mended — revenue and expenditure of 1802 — prorogation 
 — short session in 1803, owing to renewal of hostilities 
 between England and France — strong manifestation of 
 loyalty throughout the province— parliament again opened 
 in \SO\f — nothing of interest — quorum of the assembly 
 reduced to twelve— prorogation — revenue— general elec- 
 tion in 1805 — members returned — meeting of new par- 
 liament — Mr. Panet again speaker— proceedings of the 
 session— a cloud — prorogation — revenue of 1804 — depar- 
 ture of Sir Robert Shore Milnes for England— Quebec 
 Mercury established in 1805, by T. Gary, esqr. 
 
 The parliament melon the 11th January. 
 The lieutenant governor congratulated them 
 on the return of peace, recently concluded 
 between Great Britain and France. He stated 
 that he had, at the close of the last session, 
 received his Majesty's commands to take into 
 consideration the means of introducing and 
 increasing the culture of hemp in the province, 
 and to oflfer the subject to their particular 
 attention. The information he had obtained 
 from persons who had made experiments in the 
 culture of the article, satisfied him, he said, 
 
225 
 
 that the soil and climate of Lower Canada, chap 
 were peculiarly adapted to this branch of cuhi-^^ 
 vation, and induced him strongly to recommend "J^ 
 to them the early adoption of such measures as 
 might seem best calculated to encourage it 
 throughout the 'province. 
 
 The assembly, accordingly, appropriated 
 £1200 fcf the purpose, but the experiment did 
 not succeed.* Mr. Bouc having been reelected 
 was again expelled, and a bill was now introduc- 
 ed and passed disqualifying him. A move was 
 made in the assembly to take into consideration 
 the expedience of fixing an allowance for the 
 speaker and members of the assembly, but no 
 determination adopted. The session closed 
 on the 5th of April, the lieutenant governor 
 sanctioning eleven bills on the occasion. 
 
 Large tracts of land in the eastern town- 
 ships had been granted to various persons, in 
 order to encourage settlements in that quarter, 
 and it was at and shortly previous to this period 
 that the first settlements were commenced 
 there, under great disadvantages for the want 
 of roads of communication with Quebec and 
 Montreal. Many improvident grants were made 
 to favorites and speculators, who allowed them 
 to remain waste until the toil and improvements 
 of those actually settled in their neighbourhood 
 
 • A board was appointed at which the lieutenant i^overnor himself 
 usually presided. Small specimens of hemp and of a good quality 
 were produced from year to year, during several seasons, while the 
 Iiremiums lasted ; but the habitants could not be induced to relinquish 
 their old system of agriculture and produce of wheat, yielding them :i 
 certain profit, for the growth of hemp which they were unacquainted 
 with. 
 
 ^1 
 
 
 HI 
 
 \:m^ 
 
I' I ' 
 
 !k ri 
 
 il^F 
 
 If :^ 
 
 ,».> 
 
 
 226 
 
 Chap, should give them value. In several instances, 
 '^ the grantees of these tracts have disappeared, 
 
 TsoT some by dying off and others by leaving the 
 province, while the lands granted have, in 
 many parts, been occupied and improved by 
 " squatters," to whom, however odious they 
 are to the absentee proprietors, the province is 
 chiefly indebted for the thriving settlements 
 which, at the present time, present themselves 
 to the tourist, in the eastern townships, knov»n 
 as the district of St. Francis. '^ 
 
 The speech, in opening the session, on the 
 8th February, 1803, if we except a recommen- 
 dation to renew the militia laws, about to 
 expire, and to make provision for the insuffi- 
 ciency of the gaols at Montreal and Quebec, 
 was uninteresting. His excellency congratu- 
 lated the legislature on an increase of the reve- 
 nue, which, for the year just ended, amounted 
 to ^31,241, currency, while the civil expendi- 
 ture of the same was £37,008, including £2017 
 to Upper Canada, and £6,000 to the governor 
 in chief and lieutenant governor, that is, to the 
 former, who was absent on leave, £2,000, and 
 the latter, £4000, besides the salaries of the 
 officers of the legislature, £2,099, currency, 
 and upwards of £750 more, for contingencies. 
 Nothing of any importance took place during 
 the session, but six bills being passed, one of 
 them for the better regulation of the mihtia, 
 and of which, in proroguing the parliament, the 
 lieutenant governor spoke in terms of satis- 
 faction. 
 
instancejj, 
 ^appeared, 
 iaving the 
 have, in 
 iproved by 
 iious they 
 province is 
 lettlements 
 ;hemselves 
 ips, knov»^n 
 
 ion, on the 
 •ecommen- 
 
 about to 
 the insuffi- 
 d Quebec, 
 
 congratu- 
 )f the reve- 
 
 amounted 
 il expendi- 
 ling<£2017 
 le governor 
 at is, to the 
 ;2,000, and 
 .ries of the 
 , currency, 
 itingencies. 
 lace during 
 sed, one of 
 the mihtia, 
 liament, the 
 [\s of satis- 
 
 227 
 
 A short session of the legislature took place chap. 
 in August, in consequence of the recommence- J^ 
 ment of hostilities between Great Britain and 1803. 
 France. The alien act, and that for the better 
 preservation of his Majesty's government had 
 been allowed to expire on the late advent of 
 peace, but the return of war rendered, in the 
 opinion of the government, their revival neces- 
 sary. His excellency stated to the legislature 
 that, under these circumstances, it was their im- 
 mediate duty to provide for the internal security 
 of this part of his Majesty's dominions, by a 
 renewal of those temporary laws which were 
 found so beneficial during the late war, and by 
 which, under the blessing of providence, the 
 internal happiness and tranquillity of the colony 
 were so effectually maintained. 
 
 To this the assembly very loyally responded, 
 by stating that, under these circumstances, 
 they felt it to be their indispensable duty to 
 provide, without delay, for the internal security 
 of the province, not forgetting that during the 
 late war, the temporary laws that were then 
 passed did contribute to assure the tranquillity 
 then enjoyed, and that they agreed with his 
 excellency that the first object of their consi- 
 deration should be the renewal of those acts. 
 They were accordingly passed, and being 
 assented to, the assembly, after a short session 
 of ten days were, on the eleventh of August, 
 prorogued. 
 
 Upon the recurrence of the war, there was a 
 strong manifestation of loyal feeling universally 
 
 v<o 
 
 II 
 
 •y j i 
 
 # 
 
 
 '\4 
 
 . k 
 
 \i 
 
 I 
 
 
 r 
 
 I 
 
 II 
 
 n Hit 
 
m '! 
 
 228 
 
 P: 
 
 t : I 
 
 
 3; 
 
 
 Chap, throughout the province. The lieutenant gover- 
 ^^- nor sent down, late in the session, a message 
 1803. to the assembly stating, that he had ** the satis- 
 faction to acquaint them that a considerable 
 number of his Majesty's subjects in this pro- 
 vince, actuated by a spirit of loyalty and zeal 
 for the interests and honor of his crov\^n, had 
 offered to form themselves into volunteer com- 
 panies for the defence of the province at the 
 present moment, and to serve under such offi- 
 cers as his Majesty's representative should 
 appoint to command them." And he recom- 
 mended the subject accordingly to the consi- 
 deration of the house. A bill was introduced, 
 passed, and sent up to the legislative council 
 relative to it but too late, the prorogation tak- 
 ing place the next day. No inconvenience, 
 however, v^as felt from the circumstance, the 
 militia act being in force and sufficient for every 
 practical purpose, in case of an emergency, 
 not very likely to occur unless in case of a 
 rupture with the neighbouring republic, of 
 which there was then no probability. The de- 
 monstrations of loyalty which this renewal of 
 hostilities brought out, nevertheless were grate- 
 ful to the government and to all loyal men ; it 
 contributed to confound distinctions of national 
 origin, and to bind all classes together in the 
 common cause, as brethren of the same great 
 political family, and was very creditable to the 
 Canadian people. 
 
 In reopening his parliament, on the 10th of 
 February, 1804, he again called upon them to 
 
' 
 
 ant gover- 
 1 message 
 ' the satis- 
 [isiderable 
 
 this pro- 
 -f and zeal 
 rown, had 
 iteer corn- 
 ice at the 
 ' such offl- 
 ine should 
 le recom- 
 he consi- 
 itroduced, 
 ve council 
 ation tak- 
 [ivenience, 
 ance, the 
 t for every 
 mergency, 
 
 case of a 
 public, of 
 The de- 
 renewal of 
 vere grate- 
 al men ; it 
 of national 
 her in the 
 same great 
 able to the 
 
 he 10th of 
 on them to 
 
 229 
 
 continue the two acts they had re»^2wed at thei 
 late short session. Beyond this there was 
 nothing of any moment in the speech. We 
 shall, however, note a part : — 
 
 " Gentlemen of the legislative council, and gentlemen of 
 the house of assembly, — li\. proceeding to the consideration 
 of the several objects to vvhich I have adverted as well ait 
 such others as may come before you in the course of the 
 ^session, you will not fail to keep in mind the important 
 advantages which have resulted from the unanimity, as well 
 as from the energy with vvhich the public affairs have been 
 conducted in the parent state, and you will, I am confident, 
 be emulous of ii.anifesting a like unanimity in the proceed- 
 ings of this provincial parliament. 
 
 " I have, indeed, in every session of the present parlia- 
 ment, had experience so satisfactory, of your dutiful atTec- 
 tion to the person of our most gracious king, and your unre- 
 mitting attention to the interests of his government, that I do. 
 with the greatest reason, confidently rely upon a continuance 
 of them in tie present conjuncture. 
 
 " I will do my part— I earnestly and strongly recommend 
 to you unanimity and vigour in the dispatch of public busi- 
 ness, and you will, I am assured, be desirous of proving to 
 your sovereign, that your hearty zeal for his service, and 
 your just concern fc the security and prosperity of this pro- 
 vince, are incapable of relaxation and decline." 
 
 As the session advanced, it was found diffi- 
 cult to keep together a sufficient number of 
 members to carry on the business of the house, 
 and the quorum was consequently reduced to 
 twelve members, including the speaker. The 
 session ended on the 2d May, thirteen bills 
 being assented to, one for making a further 
 appropriation for encouraging the culture of 
 hemp. 
 
 The lieutenant governor gave the assembly 
 his " sincere thanks for the zeal and unanimity 
 
 u 
 
 iiap. 
 IX. 
 
 18(M. 
 
 ; ( 
 
 i 
 
 h:ii; 
 
m0 
 
 i^M 
 
 » ., 
 
 230 
 
 Chap, they had manifested in renewing the act for the 
 '^- better preservation of his Majesty's govern- 
 
 1804. ment, the alien and foundling acts, (by this 
 last, an appropriation was made towards the 
 relief of insane persons, and for the support of 
 foundlings, a provision afterwards continued by 
 vote of the assembly from year to year,) and 
 for the act encouraging the culture of hemp. 
 This was the last session of the third provin- 
 cial parliament, which thus parted with the 
 executive on the best of terms, returning to 
 their constituents loaded with its approbation, 
 and the consciousness, let us believe, still more 
 gratifying, of having done their duty. 
 
 The revenues of the last year (1803) were 
 £32,276, currency, and the expenditure «£36,- 
 821, sterling, including .£1340 to Upper 
 Canada. 
 
 The general election took place in July, for 
 this the fourth provincial parliament. The 
 legislature met on the 9th of January, 1805,* 
 
 j * The members constituting the fourth assembly of Lower Canada, 
 
 I were : — For the 
 
 I Upper Town of Quebec, William Grant and J. A. Panet ; Lower 
 
 Town of Quebec, J. Young and Louis de Saiaberry ; County ol 
 
 i Quebec ; P. A. De Bonne andM. A. Berthelot ; County of Northum- 
 
 1 berland, J. M. Poulin and ^^ierre Bedard ; County of Orleans, Jerome 
 
 ■ Martineau ; County of St. Maurice, David Monro and Michel Carron ; 
 
 I County of Leinster, C. G. de Lanaudiere and J. Archambault; 
 
 County of Dorchester, John Caldwell and Thos. Taschereau ; Comity 
 of ilffingham, Thomas Porteous and Andr6 Nadon ; Borough of Wil- 
 liam Henry, Jonathan Sewell ; County of Kent, Francois Vig6 and 
 Pierre Weilbrenner ; County of Warwick, James Cuthbert and Ross 
 Cuthbert; Borough of Three Rivers, L. C. Foucher and John Lees; 
 County of Hampshire, J. A. Juch. Duchesnay and Joseph Plante; 
 County of Buckinghamshire, Louis Proulx and F. Le Gendre ; County 
 of Devon, F. Bernier and Jean Bte. Fortin ; County of Richelieu, 
 Louis Bourdages and Louis Brodeur ; County of Cornwallis, J.N. Per- 
 
231 
 
 and Mr. Panet being again chosen and confirm- v 
 ed in the customary terms speaker of the ' 
 assembly, the lieutenant governor recommended 
 the renewal of the alien act and that for the 
 better preservation of his Majesty's government, 
 as necessary to the security and tranquillity of 
 the province, which was readily complied 
 with. Much of the time of the session was 
 absorbed in inquiries relating to contested 
 elections. 
 
 The navigation of the inland waters of the 
 province was, however, taken into considera- 
 tion this session for the first time. It was 
 resolved that its improvement would greatly 
 facilitate the intercourse with Upper Canada, 
 and '*^crease the trade and navigation of both 
 provinces, and that the removal of certain 
 impediments in the rapids between Lachine 
 and Montreal, would greatly tend to that end ; 
 and that an attempt should be made to remove 
 the impediments in those rapids, and a sum 
 not exceeding a thousand pounds, currency, 
 appropriated for the purpose. That amount 
 was accordingly appropriated, but to little pur- 
 pose, unless to confirm the opinion now preva- 
 lent, that nothing short of a canal, long con- 
 templated, (and since accomplished.) could 
 
 X. / 
 
 IM*.'). 
 
 rault and Alex. Roi ; County of Huntina;ilon, J. Bte. Rainioiul and 
 Sir A- M'Ken/ie ; County of ^Montreal, Benjamin Frobisin-r an(i L. 
 Roi Portelance ; Eas\ Ward of Montreal, John Richardson and .1. 
 Marie Mondelet ; West Ward of Montreal, Jiunes IM-Gill and Loni.s 
 Chaboillez; County of Surrey, Noel de Rocheblave and Jacques Car- 
 tier ; County of York, John Mure and Eustache L. Dumont, his ; 
 County of Hertford. Louis Turgeon and Eticnne Ferreol Roy \ Coun- 
 ty of Caspe. Georije Pyke; County of Bedford, 
 
 Ml 
 , I. j 
 
 ^4 
 
 M 
 
 m 
 
 c:? 
 
 111 
 
^ih^ ' 
 
 232 
 
 i- :•' 
 
 I'' .. '-> 
 
 (imi). permanently overcome the difficulties present- 
 
 '•^ ed by those rapids. 
 
 j^jT -^ ^''1 " to enable the seigneurs to compound 
 their feudal rights and dues with their vassals 
 and censitaires," was introduced but fell 
 through, from what cause is not apparent. 
 Several bills received the royal assent at the 
 close of the session, among them one for the 
 erection of common gaols in Quebec and 
 Montreal, and imposing duties upon the trade 
 exclusively, to defray the expenses of their 
 erection, a measure exceedingly distasteful to 
 the commercial world,who, it seems, petitioned 
 his Majesty to disallow it ;* and another for the 
 better regulation of pilots and shipping, and 
 improving the navigation of the St. Lawrence, 
 probably the most important of the session. 
 The trinity house was established by it, with 
 very important powers relating to the naviga- 
 tion of this noble river, and to the ports of 
 Quebec and Montreal. 
 
 A slight misunderstanding seems to have 
 arisen between the lieutenant governor and 
 assembly, relative to an incre ;e of salary which 
 the latter were disposed to allow one of its 
 officers, the french translator to the house. An 
 address was sent up requesting his excellency 
 
 • This, " the GaoVs act,''^ as it has commonly heen called, impos- 
 e'l a duty of two and a half per cent., upon goods, wares, and uiei- 
 chandise sold at public auction; a duty of two pence a pound on bohea 
 tea; four pence a pound on souchong; six pence on hyson, and upon 
 all other green teas, four pence. And an additional duty, to those 
 already existing, of three pence a gallon on all spirits or other stronij 
 liquors, thi'ee pence on all wines, and two pence on molasses or 
 syrups. 
 
present- 
 
 mpound 
 r vassals 
 but fell 
 pparent. 
 t at the 
 
 for the 
 3ec and 
 he trade 
 of their 
 steful to 
 3titioned 
 r for the 
 mg, and 
 iwrence, 
 session, 
 it, with 
 
 naviga- 
 ports of 
 
 to have 
 lor and 
 *y which 
 e of its 
 use. An 
 cellency 
 
 led, iaipos- 
 and nior- 
 nd on bohea 
 in, and upon 
 
 y» 
 
 to those 
 
 other stronij 
 molasses or 
 
 
 IWb. 
 
 233 
 
 would be pleased to take into consideration chup. 
 the services of Mr. P. E. Desbarats, french ^^ 
 translator of the house, and make such addi- 
 tion to his salary as in his wisdom he should 
 see fit. To this he answered — " that however 
 he might feel disposed to accede to every 
 request of the house of assembly, he found 
 himself called upon in the present instance to 
 decline doing so, — and that he regretted the 
 necessity for remarking that when the usual 
 observances which tend to preserve a due har- 
 mony between the executive power, and the 
 other branches of the legislature were omitted, 
 he felt himself compelled to resist a precedent 
 which might lead to consequences so injurious." 
 This gave great umbrage to the assembly, who 
 immediately resolved (yeas 8, nays 7,) to go 
 into committee on the subject, but a message 
 from his excellency by the usher of the black 
 rod, requiring the immediate attendance of the 
 members in the legislative council prevented it, 
 and put an end to the session. He prorogued 
 the legislature, nevertheless, in terms of satis- 
 faction, assuring them that an earnest soli- 
 citude for their welfare would ever be a 
 prevailing sentiment in his mind, recommend- 
 ing them, " at all times and upon all occasions, 
 to keep steadily in view those sound principles 
 of loyalty and gratitude to our most gracious 
 sovereign, by which alone that genuine happi- 
 ness and that ample security they had hitherto 
 enjoyed under his paternal government, could 
 be effectually and permanently secured. The 
 
 u 2 
 
 m 
 
 II 
 
 ''1 
 
 ii 
 
 1 
 
 I 
 
 i , 
 
 
 A 
 
 
 ■ ' '. 
 
 '; 
 
 i 
 
 ! 
 
 f. 
 
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 '' 
 
 ,'1 
 
 ; iif 
 

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 PI 
 
 ■Hi 
 
 ,.5, 
 
 ",J f 
 
 234 
 
 ^■'(l'i> ubove was the first instance since the establisli- 
 ^^ment of the constitution to the present time, of 
 iH(»5. the shadow of a misunderstanding between the 
 executive and the assembly. What the " ob- 
 servances," which the assembly had " omitted" 
 were, does not appear by the journals of the 
 house. 
 
 The provincial revenue of the last year, 
 (1804) by the accounts laid before the assem- 
 bly this session, came to c£33,633, currency. 
 The civil expenditure to «£33,003, sterling. 
 Of this the lieutenant governor. Sir Robert 
 Shore Milnes, administering the government, 
 was in the receipt of £4,000, and the governor 
 in chief, Prescott (absent) £2,000 ; it included 
 also £1,272 to Upper Canada. The salaries to 
 the officers of the legislature now amounted to 
 £2519, currency, independently of the sum 
 stated as the amount of civil expenditure. The 
 expenses of the late election were i)545, 
 currency. 
 
 The lieutenant governor sailed for England 
 on the fifth of August, in TI. M. S. Uranie, 
 leaving Mr. Dunn, as the senior executive 
 councillor, to administer the government. 
 His excellency received an address from the 
 citizens of Quebec on his departure, but was 
 not a popular governor. The general opinion 
 of Sir Robert Shore Milnes, as far as one can 
 judge of it at this distance, ranks him as an 
 easy well-meaning man, with talents scarcely 
 above mediocrity, of no self-confidence what- 
 ever, and consequently easily influenced by the 
 
 i i 
 
23; 
 
 ;stal)lisli- 
 : time, ot 
 Nveen the 
 the ** ob- 
 omitted" 
 lis of the 
 
 St year, 
 3 assem- 
 lurrency. 
 sterlinof. 
 ' Robert 
 ernment, 
 governor 
 included 
 jiaries to 
 lunted to 
 the sum 
 ire. The 
 ? £545y 
 
 England 
 
 Uranie, 
 
 xecutive 
 
 3rnment. 
 
 from the 
 
 but was 
 
 opinion 
 
 one can 
 
 m as an 
 
 scarcely 
 
 :e what- 
 
 d by the 
 
 irr'jsponsibles about him, to whom he looked ci,ap, 
 for advice. ^>^- 
 
 It is worthy of remark that anew weekly 7317^ 
 pa|)er, ** ilic Quebec Mercury,'* exclusively 
 english, still extant and thriving, was set on 
 foot at the commencement of the present year, 
 in Quebec, by Thomas Gary, esqr., an english 
 gentleman, brought up to commercial pursuits, 
 and for several years previously established 
 in the province, of extensive information, and 
 editorial talents of the first order ; the poini and 
 pungency of whose pen we shall hereafter have 
 occasion to notice. Mr. Gary was patronised 
 by the trade, and remained editor of the paper 
 he had established, and conducted with ability, 
 until his decease, which took place in 1823, 
 regretted by a large circle of acquaintances, 
 and even by many of those to whose politics 
 he was, from principle, opposed. 
 
 The total of arrivals at Quebec, this year, from 
 abroad, was 146 vessels, burthen 25,136 tons.* 
 The following post office notice published in 
 The Quebec Mercury, of 2d December, 180.0, 
 will give an idea of the mail communications 
 
 !l 
 
 • The annexed comparative statement of arrivals and tonnay:e, ai the 
 port of Quebec, up to the 22d November, in each of the years 1846 
 and 1847, from an authentic source, will contrast well witli the 
 .above : — 
 
 * ' ' Vessels. Tonnai^e. 
 
 22d Nov., 1846— 1439, - - - 573,104 
 22d Nov., 1847—1178, - - - - 474,486 
 
 ^fV 
 
 Less this year, 261, - - - 98,618 
 — from the '• Morning Chronicle''* Quebec, 22d Nov., 1847. 
 
 'i! ■ : 
 
 i 
 
 
 ': 
 
 !)•; 
 
i 
 
 'V' ' 
 
 it ' ' 
 
 V 
 
 1 ^ 
 
 fji 
 
 
 i«i 
 
 1 I 
 
 1 
 
 ii_^ 
 
 ^ ( 
 Mi' 
 
 236 
 
 Chap, at this time, with England and the neighbour- 
 ^^^ ing provinces ; — 
 
 1805. "The winter Mails for England via Halifax, urill be 
 closed on the following days, viz : — 
 
 On Wednesday 27th Nov. 
 to. 26th Dec. 
 Do. 22d Jan. 
 and on Wednesday, 24ih May, iirsl fortnight trip 
 
 The Mails for Upper Canada, will be despatched on ih 
 following days, viz: — 
 
 Wednesday, IStli Feby. 
 Oo. 19th March. 
 
 Do. J 6th April, 
 
 Monday, 29th instant, 
 Do. 16th Deer. 
 Do. 13th January, 
 
 Quebec, 20th November, 1805. 
 
 Monday, lOth Febr.iary. 
 Do. 10th Marcl), 
 Do. 7th April. 
 
 . ( 
 
 w: 
 
 If" « 
 
 i , „,, 
 
 Ir. 
 
 mm :: 
 
 1 !l .1 
 
leighboiir- 
 
 fax, will be 
 
 LSth Feby. 
 9tli March. 
 I61I1 April, 
 ight trip. 
 
 utched on ilu 
 
 FelHMary. 
 March, 
 April. 
 
 I , 
 
 CHAPTER X. 
 
 Mr. Dunn, president and administrator of the government — 
 convokes the parliament — topics of the speech— crusade 
 against the freedom of the press— Isaac Tod and Edward 
 Edwards voted guilty of breach of privileges of the asseni- 
 biy — Thomas Cary in like manner — gaols bill of previous 
 session, and proceedings with respect to it — address on t'.K? 
 subject to his Majesty — transmitted through the presi- 
 dent — remark of his honor on receiving the address — 
 as;sembly take umbrage —president in proroguing expresses 
 dissatisfaction that business had not been despatched, 
 owing to non-attendance of members — revenue and ex- 
 penditure of 1805 — *' Le Canadien," established — its 
 purposes— anecdote — meeting of parliament in 1807— 
 speech — favorable address of the assembly in answer — 
 miscellaneous matters during the session — death of Mr. 
 Lees, member for Three Rivers, and election of Ezekiel 
 Hart, esquire, in his stead — prorogation — revenue and 
 expenditure for 1806. 
 
 Mr. Dunn assumed the government, as pre-chap. 
 sident and administrcttor, on the 31st July, ^• 
 1805, Sir Robert Shore Milnes having admi-'j'^ 
 nistered it six years, day for day. He convok- 
 ed the parliament for the 22d Februi; y, 1806, 
 and on opening it congratulated the country on 
 the victory gained by his Majesty's fleet over 
 the combined fleets of France and Spain, ofl" 
 Cape Trafalgar, on the 21st October last,when 
 nineteen of the enemy's line of battle ships 
 surrendered ; and also on the subsequent 
 action off Ferrol, on the 4th November, in 
 
 
 '.*! 
 
 I 
 
 I 1 I 
 
 ki 
 

 UV. ! 
 
 p/ 
 
 ^ ^ h . 
 
 f *!. 
 
 238 
 
 Chap, which four French ships of the line were cap* 
 ^- tured by an equal force ; victories which 
 
 "J^JJ^ placed Great Britain and her colonies in a state 
 of perfect security from the meditated attempts 
 of the most ferocious enemy she ever had to 
 contend with. " But although we are thus, by 
 the blessing of divine providence, and the power 
 of his Majesty's arms protected," — said the 
 president — ^* from the danger of external attack, 
 I make no doubt but your prudence and loyalty 
 will induce you to renew those temporary acts 
 which,during the last as well as the present war. 
 have been deemed expedient for ihe better 
 preservation of his Majesty's government, and 
 the internal tranquillity of the province, though 
 happily very few instances have occurred in 
 which it has been found necessary to put them 
 in force." This was suitably answered in the 
 address, the assembly assuring him they would 
 renew the acts. 
 
 The first crusade against the freedom of the 
 press, by the assembly of Lower Canada, took 
 place this session, and ought not to pass unno- 
 ticed. An article in the Montreal Gazette, 
 No. 503, dated " Monday, April \st, 1805," 
 printed by " E, Edwards" was, on motion ot 
 Pierre Bedard, esar., voted, by a majority of 
 16 to Q,^ *' a false, scandalous, and malicious 
 
 * The division was as follows: — Yeas, Messieurs Fortiii, Ferr^'l 
 Roy, Carroll, Weilbremier, Martineau, Turji^eon, Taschereau, A\ps- 
 aiiuer Roy, Lussier, Bedard, Boiirdages, LeGendre, Berthelot, De ^;'- 
 laberry, Plante and Proulx. — 1(3. 
 
 Nays, Messieurs Richardson, Pyke, Mure, Roy Portelance, Fro- 
 bisher and Younur. — 6. 
 
■I h 
 
 were cap- 
 ies which 
 s in a state 
 d attempts 
 ver had to 
 •e thus, by 
 the power 
 —said the 
 -nal attack, 
 :ind loyahy 
 )orary acts 
 resent war, 
 ihe better 
 iment, and 
 ice, though 
 )ccurred in 
 
 put them 
 ered in the 
 they would 
 
 dom of the 
 inada, took 
 pass unno- 
 al Gazette, 
 \st, 1805," 
 
 1 motion of 
 majority ol 
 i malicious 
 
 Fortiii, Ffivr^i'l 
 schereau, Alf!X- 
 3erthelot, De ba- 
 
 Portelance, Fro- 
 
 239 
 
 libel, highly and unjustly reflecting upon his chap. 
 Majesty's representative in this province, and ^ 
 on both houses of the provincial parliament, i806. 
 and tending to lessen the affections of his Ma- 
 jesty's subjects towards his government in this 
 province." — A " committee of seven members 
 was, therefore, appointed to enquire into the 
 authors, printers and publishers of the said 
 libel." They reported Edward Edwards to be 
 the printer of the paper in question ; and ** that 
 it appears to this committee that Isaac Tod, 
 esquire, of Montreal, merchant, was president 
 at a dinner given at Montreal, in the month of 
 March, 1S05, in Dillon's tavern, by the mer- 
 chants of that city, to the representatives of the 
 town and county of Montreal, and that he there 
 gave the sixth, seventh, eighth, ninth, tenth, 
 eleventh, and twelfth toasts inserted in the said 
 printed paper," and which constituted the 
 
 "libel."t 
 
 iM 
 
 f The following are the toasts on the o -casion alhided to : — 1. The 
 King. 2. The hiitish empire ; and rruiy ':he people of this province 
 be impressed with a gratelul sense c-f tha happiness aad advantages 
 they derive from being a part of it. 2. The lieutenant governor and 
 prosperity to the province. 4. General Hunter and prosperity to 
 Upper Canada. 5. The navy and army. 6. The honorable mem- 
 bers of the legislative council, vs'ho were friendly to constitutional 
 taxation, as proposed by-our worthy members in the house of assem- 
 bly. 7. Our representatives in provincial parliament, who proposed 
 a constitutional and proper mode of taxation, for building gaols ; and 
 who opposed a tax on commerce for that purpose, as contrary to the 
 sound practice of the parent state. 8. May our representatives be 
 actuated by a patriotic spirit, for the good of the province as depen- 
 dent on the british empire, and be divested of local prejudices. 9. 
 Prosperity to the agriculture and commerce of Canada, and may they 
 aid each other, as their true interest dictates, by sharing a due pro- 
 portion of advantages and burthens. 10. The city and county of 
 Montreal and the grand juries of the district, who recommended local 
 assessments for local purposes. 11. May the city of Montreal be 
 
 I 
 
 111 
 
 III! 
 
 1 
 
 1 
 
 t-; 
 
 Jil 
 
 m 
 
 in 
 

 I I 
 
 m 
 
 1 ( 
 
 1 •'i I 
 
 ":! 
 
 jt 
 
 i'hap. 
 
 1 8m) 
 
 240 
 
 Pursuant to this, it was resolved by the house, 
 on motion of Mr. Bedard, " that Isaac Tod, 
 esquire, merchant, of the city of Montreal, 
 having published the libel mentioned in the 
 resolutions of this house, at a dinner given at 
 Montreal, in the month of March, 1805, in 
 Dillon's tavern, by the merchants of Montreal, 
 to the representatives of the city and county of 
 Montreal, v^here he was president, is guilty of 
 a high breach of the privileges of this house," 
 — and " that the said Edward Edwards, hav- 
 ing printed the said libel, is guilty of a high 
 breach of the privileges of this house.*' — 
 These two gentlemen were accordingly order- 
 ed to be taken into custody of the sergeant at 
 arms^ but not being found by his deputy who 
 went to Montreal in quest of them, the matter 
 Was dropped. The dinner given to the repre- 
 sentatives of the city and county of Montreal, 
 was, it seems, in approbation of their opposi- 
 tion to the ** gaols bill" of the previous session, 
 unpopular with the merchants, as providing the 
 
 fiiabled to support a newspaper, though deprived of its natural aiid 
 ii!«el 111 advantages ; apparently tor the hewet'ii oi' an individicai 12. 
 May the commercial interest of this province have its due influeix-e 
 (in the administration of its government. 13. The fair sex, being' tiit; 
 threat spur to o\ir pursuits, and the prize of our industry, 
 
 A correspondent of the Quebec Mercury, obiserves : — ■' I'hc 
 foreiroinij toasts \vere friven by Mr. Tod, who was president ; luul 
 the band pkiyed at intervals and apropos — God save ihe King— 
 link Britannia — Roast beef of old England — The conquering ficio 
 rorncs — Britons strike home — Hearts of oak — The stavnch man of tin' 
 milU and the myrtle of Venvs. Upwards of fifty of the first peojilcoi 
 the place were present, on this occasion ; and I am sure none of thciii 
 ever dreamed of actiuir wront?, or contrary to the constitution of tin' 
 country." How, indeed, these patriotic sentiments could giveofl'eucc 
 to the assembly, morbidly sensitive, it would seem, and be consiliiiiil 
 bv it into libel, is at this time of deiy, diihcult to conceive. 
 
 gJ 
 
 ■i3 t 
 
the house, 
 Isaac Tod, 
 
 Montreal, 
 ned in the 
 er given at 
 1805, in 
 
 Montreal, 
 i county of 
 is guilty of 
 lis house," 
 ards, hav- 
 of a high 
 
 house.*'— 
 igly order- 
 sergeant at 
 eputy who 
 the matter 
 the repre- 
 
 Montreal, 
 sir opposi- 
 us session, 
 )viding the 
 
 its natural and 
 ndividuaL ]-2. 
 ts due infliieiire 
 r sex, being- IIk; 
 
 n-ves :— " Th,. 
 president ; and 
 we the Kivg— 
 onquering kcio 
 "tick man of the 
 le first peojjlc oi 
 re none of 1 hem 
 istitution ol' thr 
 uld giveoffenci- 
 nd l)e consiiiuil 
 eive. 
 
 241 
 
 ways and means upon the commerce of the chap 
 country, for defraying the expenses of the new J^ 
 gaols. ij^ofi. 
 
 The proceedings of the assembly, on this 
 matter, gave occasion to Mr. Gary, the editor 
 of " The Quebec Merciiry,^^ to make some 
 remarks upon them while in progress, which 
 brought down upon him also the indignation of 
 the house. The following are extracts from 
 the journals of the assembly,of the 1 1th March, 
 1806, relating to the matter: — 
 
 ** A complaint was made to the house by Mr. Berthelot, 
 in his place, that '1 homas Cary, editor of the " Quebec 
 Mercury," had in his paper of yesterday, presumed to inter- 
 meddle in the proceedings of this house. Mr. Berthelot 
 then laid upon the table a printed paper, with several pas- 
 sages pointed out therein, and desired that the said passages 
 might be now read by the clerk, which being objected to by 
 several members, debates arose thereon, and Mr. Speaker 
 having refused to cause this complaint tc be entered upon 
 the journal otherwise than by motion. 
 
 " Mr. Berthelot moved, seconded by Mr. Bourdages, 
 
 " That an entry be made on the journal of this house, 
 that he had complained to the house, that Thomas Cary, 
 editor of the paper intituled " The Quebec Mercury," had 
 in his paper of yesterday, undertaken to render an account 
 of the proceedings of this house, and that he had desired the 
 same might be read by the clerk. 
 
 " The house divided upon the question, and the names 
 being called for they were taken down as follows, viz : — 
 
 a Yeas — Messieurs Ferr6ol Roy, Alexander Roy, Fortin, 
 Weilbrenner, Lussier, Martineau, Proulx, Le Gendre, Car- 
 ron, Taschereau, Poulin, Turgeon, Bedard, Berthelot, De 
 Salaberry, Plants and Bourdages. 
 
 " Nays—Messieurs Richardson, Moore,Caldwell, Monro, 
 Young, Mure, and Roy Portelance. 
 
 -!| 
 
 'H 
 
 , 1 
 
 1 
 
 ''! 
 
 'li 
 
 1^ 
 
 i 
 
 'ill 
 
 i1 
 
 I 
 
 H 
 
 m 
 
 ■m 
 
 It 
 
 ''I 
 '^1 
 
 !)'*!! 
 
 V% 
 
 I'll 
 
 ■' mi 
 
242 
 
 M 
 
 S( ! 
 
 Chap. 
 
 X. 
 
 1806. 
 
 i 
 
 " And the same being carried by a majority of ten votes, 
 it was ordered accordingly. 
 
 " Ordered, that Thomas Gary, editor of the newspaper 
 intituled, " The Quebec Mercury," for undertaking in his 
 paper of yesterday, to give an account of the proceedings of 
 this house, be taken into custody of the serjeant at arms 
 attending this house."* 
 
 Mr. Gary, by petition to the a.ssembly, hav- 
 ing expressed his regret at the publication by 
 
 * The articles at which the assembly took offence are the follow- 
 ing : — " We beg leave to direct the attention of onr readers, in a par- 
 ticulai manner, to a paragraph, in page 77, of this paper, under the 
 head of French influence. It is certain that nothing could be 
 more gratifying to our arch-enemy and the french nation, than a pro- 
 hibition on our presses. The usurper well knows the wholesome 
 truths they teach — how strongly they inculcate a hatred of tyranny ; 
 how ardently they cherish that noble, that inspiring passion, a love 
 of country, whence every briton so sensibly feels that the cause of 
 his country is his own. We cannot forget the efforts of the tyrant to 
 curb the presses, in England, just b<!fore the breaking out of the pre- 
 sent war. May his injluence never extend to us ! We know ourselves 
 to be beyond the reach of his arms ; but where will not italian art 
 and french cunning insinuate themselves. 
 
 " The resolve of the house of assembly on Friday, on the subject 
 of a libel, in the Montreal Gazette, relates to some toasts given at a 
 public dinner, and published in that paper. The mover, we hear,wa3 
 Mr. Bedard. All the old subjects, in the house, with Mr. Portelanoe, 
 voted against the resolve, lif the object be to charge the printer with 
 a breach of privilege, and to call him from his family and business, 
 we are extremely sorry for it, because we think it must give rise to 
 unpleasant investigations of the rights and powers of the house. The 
 divison on the resolve was — for 16, against ". 
 
 " French influence. — " In the ' Secret History of Europe,' an 
 old and scarce book, we have read some remarks, by which it would 
 seem that the french nation supported the same character formerly 
 as at present. ' Tis observable,' says tiie writer, ' thai wherever the 
 french are concerned, they are very uneasy at the liberty of free 
 states, which will not admit the tying up of the tongue ,* and locking 
 up of the press, as is done where their tyranny if? predominant. This 
 needs no comment. ' Wherever french councils prevail ; there fol- 
 lows immediately a spirit of persecution and cruelty.'—' But the 
 french faction were always ready to load their opponents with the 
 very crimes they only could be guilty of.' " 
 
 These remarks were at ^lie time, and under the circumstances, per- 
 haps, indiscreet ; but certainly not worth the indignation which the 
 assembly evinced on the occasion. 
 
 a 
 
 
3f ten votes, 
 
 B newspaper 
 ;aking in his 
 oceedings of 
 !ant at arma 
 
 ibly, hav- 
 ication by 
 
 ire the follow- 
 vders, in a par- 
 iper, under the 
 thing could be 
 on, than a pro- 
 he wholesome 
 ;d of tyranny ; 
 passion, a lovo 
 it the cause of 
 of the tyrant to 
 : out of the pre- 
 mow ourselves 
 not Italian art 
 
 on the subject 
 )asts given at a 
 
 , we hear, was 
 ^r. Portelance, 
 le printer with 
 
 and business, 
 ast give rise to 
 le house. The 
 
 of Europe,' an 
 ivhich it would 
 acter formerly 
 1 wherever the 
 liberty of free 
 ; and locking 
 tminant. This 
 ail ; there fol- 
 ly. ♦—' But the 
 nents with the 
 
 imstances, per- 
 son which the 
 
 243 
 
 which he had incurred the displeasure ofthechap. 
 house, was immediately released. But even at ^• 
 the time, it was thought the assembly would isog. 
 have acted far more wisely in taking no notice 
 of the matter than in taking it up, which seem- 
 ed to all the world more like an attempt to 
 overawe the press, than in vindication of their 
 privileges, and was scouted accordingly. 
 
 It has been previously mentioned that the 
 " gaols' bill" had given dissatisfaction to the 
 commercial community, and that the king had 
 been petitioned to disallow it. This, by the 
 constitutional act, was a power specially re- 
 served to his Majesty, who, at any time within 
 two years next after a bill had received the 
 royal assent in the province, could, by disal- 
 lowing, render it a nullity. It was from the 
 agitation of this matter that the Montreal din- 
 ner and obnoxious toasts, deemed libels by the 
 assembly, had proceeded. It was now, in con- 
 sequence of the exertions which it was under- 
 stood had been made on the part of the trade, 
 to induce the government at home to advise 
 the king to disallow this act, determined by the 
 assembly to address his Majesty on the sub- 
 ject. As the two main interests, commercial 
 and agricultural, (the conflict was merely be- 
 tween these, for the idea of nalionalite, had not 
 yet started,) of the province came in contact 
 in this matter, — and, indeed, have never since 
 to the present day been reconciled, — each 
 maintaining that the other should bear the 
 expenses of erecting the new gaols, it may be 
 
 
 1 
 
 
 Ml. 
 ,1 
 
 ■i'l 
 
 : 
 
 li 
 
 i'j 
 
 
 ■ :!i'i; 
 
 i i 
 
244 
 
 ,'t . 
 
 ["i ' 
 
 5 ! 5 
 
 Chap, well to bestow some attention upon it, and 
 ^^^ heo^r their respective reasons, which we give 
 isof). as we find them recorded in the journals of the 
 assembly : — 
 
 " Mr. Bedard moved, seconded by Mr. Berthelot,— That 
 a committee of nine members be appointed to prepare a 
 loyal, dutiful, and humbl*? address to his Majesty,— humbly 
 lo beseech his M ■•'.stv ' \t he will graciously be pleased to 
 receive the supp cUii^dby the assembly of his province 
 of Lower Canada, ' ^ ' ct passed in the forty-fifth year of 
 his Majesty's reign, .utitu! " An act to provide for the 
 erection of one common gaol in each of the districts of 
 Quebec and Montreal respectively ; and the means for 
 defraying the expenses thereof;" and that he will be pleased 
 to give his royal assent to the said act : to assure his Ma- 
 jesty of the loyalty of his faithful subjects in this province, 
 of their zeal to maintain his benign government, of the lively 
 gratitude they entertain for the prosperity of this province, 
 and the advancement of \ir, population and agriculture, 
 arising from the powerful etiects of his paternal protection ; 
 ))lessings which they look upon as the most solid basis of 
 support to its defence and commerce; and which the assem« 
 bly, by adopting the tax contained in the said act, did not 
 wish to discourage : together with a memorial containing the 
 reasons which induced the house to prefer the mode resorted 
 to, in preference to a tax upon lands. 
 
 " Mr. Richardson moved, seconded by Mr. Mure, to 
 amend the motion, by leaving out all the words thereof, 
 after the word " Majesty," in the first part of the third line, 
 and to substitute the following, — " Humbly to assure his 
 *' Majesty, ihat this house being now fully sensible of the 
 " propriety of adopting the wise practice of the mother coun- 
 " try, in respect to taxation, do therefore deeply regret that 
 " they did not yield to the very strong reasons adduced ht 
 " adopting such practice, in preference to the principle Kiid 
 " down in the act passed last session, intituled, " An act to 
 " ' provide for the erecting of one common gaol in each of 
 " ' the districts of Quebec and Montreal respectively, 
 " ' and the means for defraying the expenses thereof,' — 
 " which they now feel by the experience of its operation, has 
 
245 
 
 11 
 
 )n it, and 
 1 we give 
 nals of the 
 
 helot,— That 
 to prepare a 
 ty,— humbly 
 36 pleased to 
 his province 
 -fifth year of 
 ovide for the 
 16 districts of 
 B means for 
 ill be pleased 
 iure his Ma- 
 his province, 
 , of the lively 
 lis province, 
 agriculture, 
 \ protection ; 
 olid basis of 
 h the assem* 
 act, did not 
 ontainingthe 
 lode resorted 
 
 ir. Mure, to 
 )rds thereof, 
 he third line, 
 assure his 
 nsible of the 
 mother coun- 
 y regret that 
 
 adduced hi 
 irinciple h^id 
 , " An act to 
 1 in each of 
 respectively, 
 
 thereof,' — 
 peration, has 
 
 " Imposed an insupportable burthen upon coiniuerce, and (^-i^p, 
 " really injures agriculture through the midiii;a by wliich X 
 " they intended to encourage it : and furthoito entreat his^-*-^-^ 
 " Majesty that as the means of immediate redress are novv I'^^'J- 
 " out of their power, by the act having passed the three 
 " branches of the provincial legislature, his Majesty will be 
 " graciously pleased to apply the constitutional remedy of 
 *' his royal disallowance of the said act." 
 
 The proposed amendment was rejected, and 
 the main motion carried by a majority of 13 
 to 6. 
 
 An address and memorial to the king was 
 drawn up by the assembly, explanatory of the 
 motives that had influenced them in adopting, 
 in preference to a land tax, the mode of taxa- 
 tion contained in the " gaols' act," tor the erec- 
 tion of those establishments.* This was taker. 
 
 • The following is the address : — 
 
 " We, his Majesty's most dutilul and loyal subjects, the represen- 
 tatives of Lower Canada, in assembly met. humbly approach the 
 throne, with hearts filled with loyalty and attachment to your sacred 
 person, your family and government. 
 
 '< We humbly beg your Majesty to be assured of the loyalty and 
 fidelity of your people of Lower Canada, and of their zeal for the 
 support of your Majesty's benign government. 
 
 " It is with the most lively gratitude, we feel in common with 
 your other subjects in this country, the powei-ful effects of your Ma- 
 jesty's paternal protection and of your government, on the prosperity 
 of this province and on its progressive population, agriculture and 
 commerce. But above all we cannot fail expressing to your xMajesty . 
 the pleasure we experience by contemplating in the advancement of 
 its population and agriculture, the increase of thai fund which is the 
 most permanent support of its commerce, and of the means of defence, 
 which must insure to us a continuance of the happy efects of your 
 Majesty's government. 
 
 " It is in the confidence of the importance of these objects and of 
 your Majesty's paternal care, to defeat whatever is opposed to them, 
 that we nave, in the unadvanced state of this province, thought it our 
 duty to prefer to a land tax, the means adopted in the act now submit- 
 ted to your Majesty's approbation, intituled, "an actio provide for 
 the erecting of a common gaol in each of the districts of Quebec and 
 Montreal respectively, and the means for defrayinsr ihe expenses 
 thereof." And we could not learn that the merchants of this country 
 
 X 2 
 
 '$ 
 
 ijj" 
 
 m 
 
 i m 
 
■'i 
 
 246 
 
 
 J 
 
 • I'' 
 
 Chap 
 X. 
 
 IH(M). 
 
 up by the assembly, with the speaker at their 
 head, to the president, with an humble address 
 to him, in the following terms: — 
 
 " We his Majesty's dutiful and loyal subjects the repre- 
 sentatives of Lower Canada, take the liberty of soliciting 
 
 h,i(l t-T kon the means to obtain your Majesty's disallowance thereto, 
 without conceiving it oiiv duty to submit to your Majesty the motives 
 which induced us to ofter you the supply proposed by this act, and 
 our humble prayers that it may not ])e disallowed. 
 
 •' We therefore humbly beseech your Majesty, that you will graci- 
 ously be pleased to receive the supply offered by this act, and to with- 
 hold your royal disallowance therefrom. 
 
 '< Your Majesty's dutiful and loyal subjects, from the reiterated 
 experience of your constant attention to tneir happiness, have every 
 reason to hope that their application, the object of which is ardently 
 desired by the people of this province, may meet with success. 
 
 " And as in duty bound, your Majesty's faithful subjects will ever 
 pray for the honor, preservation and prosperity of your Majesty's 
 «acred person, your family and government." 
 
 " INCemorial, containing the motives which led the assembly of Lower 
 Canada, to adopt in ])reference to a land tax, the mode of taxation 
 contained in the act of the provincial parliament of Lower Canada, 
 passed in the 45th year of his Majesty's reign, cap. 13, intituled. 
 " an act to provide for the erecting of a common gaol in each ol 
 " the districts of Quebec and Montreal respectively, and the means 
 '* for defraying the expenses thereof." 
 
 " The assembly considered that there was no comparison to be 
 made betwetn +his country and Europe as to the propriety of a land tax. 
 " In the mother country and other countries of Europe, where agri- 
 <;ulture has brought lands to nearly the same value, a territorial bur- 
 then bears proportionally on the property of the subject, whereas in 
 Canada, where agriculture is in the commencement of its progress, 
 the lands are in such disproportion that a tax on them at so much an 
 arpent as was proposed, would have been the most unequal, as in that 
 case, the person whose soil was worth only six-pence per arpent, 
 would pay as much as him whose landed property is worth sixty 
 pounds an arpent ; a disproportion not likely to happen in Europe, but 
 nevertheless real and even common in Canada. 
 
 " This tax would bear chiefly on those who begin to open lands, as 
 they are generally possessed for the greater part of such lands which 
 ar>i of little value. These new settlers, whose labour is so preciou.* 
 to the province, and whose efibrtstend to encrease its real value anil 
 soil, the most certain basis of its commerce, would be saddled w;th 
 the greatest part of the burthen at the time when they should receive 
 every encouragement. 
 
 " A tax on the estimated value of each farm would be equally 
 impracticable ; the charges of appraisement and collection would be 
 
 ■1* 
 
 *-\ 
 
247 
 
 'II 
 
 er at their 
 le address 
 
 its the repre- 
 of soliciting 
 
 wance thereto, 
 ty the motiveH 
 y this act, and 
 
 you will graci- 
 t, and to with- 
 
 the reiterated 
 ?ss, have every 
 ichis ardently 
 ■success, 
 jects will ever 
 our Majesty's 
 
 mbly of Lower 
 3de of taxation 
 jower Canada. 
 . 13, intituled. 
 ?aol in each oj 
 and the means 
 
 Tiparison to l)e 
 yofa land tax. 
 )e. where agri- 
 territorial bur- 
 et, whereas in 
 'f its progress, 
 at so much an 
 jual, as in that 
 e per arpent, 
 J worth sixty 
 in Europe, but 
 
 open lands, as 
 h lands which 
 is so precious 
 real value and 
 i saddled w;th 
 should receive 
 
 Id be equally 
 :tion would hv 
 
 your honor upon a suhject of the utmost consequence to Chnn. 
 this part of his Majesty's dominions. x. 
 
 " Having been informed, that the merchants of this v---v-w 
 country have adopted means to obtain his Majesty's iSOti. 
 disallowance of the act pasr^ed in the last session of the 
 
 more burthensome than the tax itself. The vexations that accompany 
 such a species of tax, left to the discretion, of individuals ajjain.sl 
 whom the oppressed poor cannot often obtain justice, induced the 
 assembly to believe that it would be contrary to the spirit of the con- 
 stitution which the mother country has granted to this province. The 
 odious and tyrannical aspect that such a tax would exhibit, would 
 alone be capable of diminishing those ideas of the blessings which the 
 Canadians experience under the paternal protection of his Majesty, 
 and under their happy constitution. — The present evil, although slight, 
 would be looked upon as the signal of some sinistrous change, and 
 
 would be augmented by apprehensions of what was yet to happen. 
 
 The comparison they now make of their happy situation with that ol 
 the neighbouring states would no longer strike them so forcibly. 
 
 •* The tax or assessment on lands now practised airreeable to the 
 ancient laws of the french government for the erect' on of churches, 
 furnishes us with an example o{ the inconveniences that would attend 
 a territorial tax ; for although this assessment is only resorted to in 
 parishes already established and of old stantUng, wherein the value oi 
 lands is less unequal, the new settlers therein suffer much imposition, 
 as their means are measured by those of the old inhabitants, who 
 being the greater number give law to them. These assessment*, 
 although very hard in many cases, are far from producing the bad 
 effects which a tax imposed by the provincial parliament would 
 have, for the particular nature of their object, and the known origin 
 of the laws from whence they proceed, removes from them every 
 idea of a tax imposed by the present government, and every appre- 
 hension of the like in future ; and impresses them altogether with 
 very different ideas to what a tax imposed by the present government 
 would give rise to. 
 
 " Such are the motives that led the assembly to believe that gene- 
 rally, from the unadvanced state of this province, a land tax would 
 be impracticable. 
 
 •' In the present case, the proposed tax appeared altogether unjust, 
 as the inhabitants of the towns, whose riches coiisist in moveable 
 effects, would have been totally exempted from contributing to the 
 building of prisons, which are particularly necessary for securing 
 their property. 
 
 " The assembly considered generally, that an impost upon 
 commerce, and particularly upon objects, such as those that are 
 taxed in the aforesaid act, was the most just, the least felt, and 
 the repartition the most equal. 
 
 " The complaints of the merchants against this impost arp 
 unfounded, as it is a well known principle, that the consumer 
 pays ultimately and that the merchant only advances the money 
 
 m 
 
 'Mil 
 
 V'( 
 
 n 
 
 I .i'l 
 
 n 
 
 n 
 
 4 
 
It;. 
 
 248 
 
 I 
 
 
 Cliap. provincial parliament, intituled, " An act for the erection of 
 
 X. a common gaol in each of the districts of Qiieijec aiiil 
 
 ^-"v-*^ Montreal respectively ; an(i the means for defraying the 
 
 1806. expenses thereof," We have conceived it incumbent upon 
 
 us, humbly to submit to his Majesty, the motives which 
 
 in the mean tinrip. — The act in qiiewtion facililntes fltis luivanre in 
 PiK'h a iriiuuier, as lo take away from the nierchanl every real 
 8iU)ject ol" eottiplaiiit. 
 
 "It has been objeeted that the merelianls labour uruler mote 
 (Usadvanlajyeous circumstances in tbis country Iban t'Lse-where on 
 aecoinit of the duties, because they caruiot re-exjiort tlieir com- 
 modities from hence to other markets. This circumstance, in beu ol 
 beinsif a cUsadvantage to them, appi'ars in their favom, lor it j^ives 
 them the power of rejjfulatinju; the commerce of the country, and 
 makiui: the consumer pay the duty. 
 
 " If merchants imported goods to this country to re-export them 
 to other markets where they would experience a conipetition wiih 
 foreign merchants, who are not liable to pay the same duties, they 
 would then be exposed to lose tho.'se they would have paid in this 
 country: but as they can meet with no competition here but from 
 traders, who pay the like duties as themselves, they are certain, I>y 
 importing no more commodities, than the country can consume, of 
 not paying the duty ; and if they import too great a <iuantity, the 
 evil is not to be imputed to the duties hut to their own imprudence. 
 
 " The project of a land tax for building prisons, originated with the 
 representatives of Montreal, at which place the company of merchants 
 reside, who carry on the fur trade in the Indian countries to the 
 north west. If in a certain sense it is true that these merchants pay 
 the impost upon the etfects which they re-export to tliese countries, 
 it is because using the power they hold of getting the highest 
 possible price in a place where they meet with no competitors, they 
 cannot add the amount of duty so paid by them. 
 
 " The assembly respect this trade, however contrary it may be \o 
 the population of the covuitry, and to the advancement of its Agri- 
 culture, on account of the benelits supposed to arise from it to ilic 
 empire in general; but did not conceive it necessary wholly to 
 sacrifice to that trade the dearest interests of the country, particularly 
 those of its population and agriculture, which holds foi'th mori' 
 certain grounds for its commerce and defence than the fur trade. 
 
 " Much has been said about the prisons being local objects and 
 that on that account they should not be provided for by a general 
 impost. This objection was only a pretext for obtaining a land tax. 
 which according to the ideas of the Montreal merchants, was the 
 only one that could be put in practice in each separate district. Thf 
 assembly would not have imposed the impost being put upon thf 
 trade of each particular district, if the merchants heid prelerred it, 
 but it was found that their opposition Mas not the less against the 
 tax upon commerce in either shape as their view was to get it put 
 upon the lands. No just reason could (Ji)erate for the tax being put 
 
('« 
 
 24J 
 
 induced the assembly to adopt the mode of taxation con- chap, 
 tained in the said act, and to expose to his Majesty by X. 
 humble address and petition our prayers, that he may ^-•'v-^ 
 graciously bo pleased to accept the supply offered to him ^^^' 
 by that act and not give thereto his royal disallowance. 
 
 " The attention of your honour to the interests of the 
 empire and of this colony, and your good will towards us, 
 give us reason to hope you will acquiese in our present 
 request, that you will be pleased to transmit to the foot of 
 the throne, an humble petition to his Majesty and the 
 memorial, containing the motives which induced the 
 assembly to prefer, to a land tax, the mode of taxation 
 adopted in the aforesaid act.'' 
 
 To this Mr. Dunn answered: — 
 
 ** Gentlemen, — Not having until this moment, had com- 
 munication of your humble memorial, address, and petition 
 to his Majesty, I can only say, that you may depend on my 
 transmitting them by the first opportunity, to his Majesty's 
 secretary of state, for the purpose of their being laid at 
 the foot of the throne, unless on a deliberate perusal 
 thereof, any part should appear to be exceptionable, in 
 which case I shall acquaint you therewith by message, on 
 Monday next." 
 
 This gave some umbrage to the assembly, 
 which, from an oversight probably, had omitted 
 
 upon each separate district, for the district of Three Rivers was 
 already provided with a prison which it had not separately paid, and 
 the districts of Quebec and Montreal, having the same need of 
 prisons, the mode resorted to appeared to be the fairest. 
 
 Besides, such a separation did not appear more necessary for the 
 buildin,^ of prisons than i e erection of court houses and other 
 expenditures attending the ad ministration of justice in these districts : 
 and a proof that the same strictness relating to local objects is not 
 always attended to, the pro\ ince is dailjr incurring expenses for 
 matters which if scrutinized with an equal jealously, would appear 
 as much of a local nature as the prisons : such for example as the 
 expenses voted for the road of communication with Upper Canada, 
 and the improvement of the rapids in the fails of Saint Lewis, which 
 particularly tend to the advantage of the Montreal trade, and the 
 result whereof will increase that opulence which already suggests 
 to it, ideas of a separation in regard to taxes. 
 
 I ■;■* 
 
 
 a 
 
Jl } '1 
 
 I li 
 
 i"i;' . ! 
 
 1806. 
 
 150 
 
 Chap, previously to communicate a copy of the ad- 
 ^' dress .to the president, who deemed himself 
 entitled to a communication of its contents, 
 before pledging himself to its transmittal, and it 
 accordingly resolved itself into a committee 
 to take into consideration the president's an- 
 swer. Some debates arose, but the house 
 adjourning for want of a quorum, the matter 
 was not resumed. The act was not disallowed 
 
 by the king, and the 
 
 gaols 
 
 at Quebec and 
 
 Montreal were consequently built by means of 
 the duties imposed by it on the trade, and 
 which, affording a considerable revenue, were 
 afterwards continued and made available 
 towards the defence of the province, during 
 the war with the United States. 
 
 The president prorogued the session on the 
 19th of April, with some expressions of dissa- 
 tisfaction that " the necessary business" of it 
 had not been completed, which he was " of 
 opinion would have been the case had not 
 so many members declined giving their custo- 
 mary attendance. But," — added he, — " whilst 
 I lament with reason, a want of zeal on 
 their parts, for the public service, my best 
 thanks are due to you, gentlemen, for the ready 
 attention you have paid to those objects which, 
 at the opening of the session, I recommended 
 to your notice. ^ 
 
 The accounts of the previous year, (1805,) 
 laid before the assembly this session, shewed 
 a revenue of .£47,153, currency. The civil 
 expenditure of the year came to £? 1,469, 
 
 St 
 
 (3 
 
 Cl 
 
 li « 
 
251 
 
 sterling, including £2,000 to general Prescott, chap. 
 (absent) and i)3,406 to Sir Robert Shore ''^• 
 Milnes. To this is to be added the sum of^soe^ 
 c£2,604, currency, for salaries to the officers of 
 the legislature, which still exceeded by £869, 
 the revenues appropriated for defraying them. 
 
 During the summer, 191 vessels, chiefly 
 square-rigged, measuring per register 33,474 
 tons, from parts beyond sea, entered at the 
 custom-house, Quebec. Exclusive of these, a 
 great number of coasters were continually 
 employed between Quebec and the bays of 
 Chaleurs and Gasp6, coast of Labrador, the 
 king's and other posts within the gulf and river 
 St. Lawrence. Ship-building also, to a consi- 
 derable extent, was now carried on at Quebec. 
 
 The first number of " Le Canadien,^^ a 
 newspaper, entirely in french, issued in Novem- 
 ber of the present year, in Quebec, from a 
 small press procured for the purpose, by the 
 contributions of several Canadian gentlemen, 
 with the professed intention of vindicating the 
 french Canadian character, frequently aspersed, 
 as they deemed it, by a press of the other lan- 
 guage, in Quebec, and to repel the constant 
 assaults from it, of which they believed th^y 
 had cause to complain ; and to instruct their 
 compatriots in their duties and rights as british 
 subjects under the constitution ; in themselves 
 just and commendable purposes. But it far 
 exceeded these, by constantly appealing to 
 national prejudices — subversive of the harmony 
 which until then had prevailed between the 
 
 .'III 
 
 ■ > f 
 
 H 
 
 'A"A 
 
|h.!! m t 
 
 -*■ ' fiW!l ill 
 
 l\ . 
 
 I! 
 
 KJ 
 
 I 
 
 'II I 
 
 L< ) 
 
 
 
 1;]' 
 
 
 
 252 
 
 Chap, two races, and with it commenced the reign of 
 ^- agitation and discord which afterwards unhap- 
 
 "J^^ pily distracted the province. It was from the 
 outset, anti-executive in politics, anti-commer- 
 cial in its doctrines, and, indeed, anti-british in 
 spirit, treating as anti-canadian every thing 
 british in the colony, and the british immigrants 
 and population as " etrangers et iiitrus,^^ — 
 strangers and intruders. It was, however, con- 
 ducted with ability, became popular, and gave 
 umbrage and uneasiness to the government, 
 which, as we shall observe in the sequel, 
 put it down with a strong hand, and in a 
 manner, however necessary it may have 
 been deemed at the time, by the executive, 
 not yet moulded into *• responsible govern- 
 ment," assuredly altogether irreconcileable 
 with english notions, ancient or modern, 
 of civil liberty and the freedom of the 
 
 press.* 
 
 * Though somewhat before the time, it may not be out of place to 
 relate here ?,n anecdote in relation to that paper, both as explanatory 
 of the motives for its establishment, from one of the concerned, and 
 as characteristic of this frank old soldier, but rather peremptory 
 civil governor, which the reader may digest until we introduce him 
 to the stern viceroy in person. 
 
 In consequence of perquisitions by the executive, some eighteen or 
 twenty months after the establishment of " Le Canadien,^' as to the 
 proprietors or persons upholding the press whence it issued, it waa 
 ascertained that among them, Mr. Plants, a notary of respectability, 
 at Quebec, holding the official situations of " clerk of the terrars," 
 and " inspector general of the king's domain," was one. This gentle- 
 man was accordingly dismissed, sons ceremonie, from his offices. 
 
 In a remonstrance to the governor's secretary, reijuesting an audi- 
 ence of his excellency on the occasion, he stated in a letter, written 
 in french, which, for the convenience of the english reader, is hfre 
 translated, that — " The paper" (Le Canadien,) " to which you allude, 
 was established in consequence of the calumnies and injuries heaped 
 by another paper habituaiiy, upon the assembly and principally upon 
 
 pi. iv 
 
 ■I- 
 
;| i! 
 
 ■1 „'i' 
 
 1807. 
 
 253 
 
 Mr. Dunn being still unrelieved of the govern- chap 
 ment, met the legislature on the 21st January, J^ 
 1807. He observed to them that the act con- 
 ferring on the colony its invaluable constitution, 
 having enjoined the annual meeting of the legis- 
 lature, it had again become his duty, owing to 
 the absence of the governor and lieutenant 
 governor, to call them together, and he felt 
 confident that they would cheerfully continue 
 the same laudable endeavours which they had 
 
 those who had voted in it against a land tax. I was, in truth, one of 
 those who feeling those imputations to be unmerited, favored the 
 establishment of this paper, to have the means of defending my cha- 
 racter, and that of many others who were assailed. I never have 
 been the redacteur of it, nor meddled with it in any way.. I have 
 disapproved highly and still disapprove many articles published in it 
 concerning the government, but I am not more than you, sir, the 
 master to prevent their publication. If I were, you should never 
 have seen them." This letter was followed up tw'o or three days 
 afterwards, by a deposition on oath of the editor, that during his 
 editorship, i. e. from the beginning of February, 1807, to March, 
 1808, Mr. P. had no part in its direction, nor written any thing that 
 had appeared in it against the administration of the government. 
 
 Whether Mr. Plants was admitted to the audience he requested, 
 does not appear, though it is probable he was ; but the following is 
 the answer given him on the occasion, by command of the governor, 
 Sir James Henry Craig, whose autograph on the subject is still 
 extant : — " Mr. Plante to be told that I have in no respect altered my 
 opinion relative to his conduct towards his Majesty's government. 
 His duty as a servant of the crown should have led him to take effec- 
 tual measures to prevent the possibility of the publication in question, 
 having the sanction of his name. The very circumstance which he 
 alleges of his having expressed his disapprobation of the publication 
 as it has appeared of late, proves his intimacy with those who did 
 encourage and direct it, and points out the necessity he was under of 
 taking the step I have mentioned. The anxiety which Mr. Plante 
 shews to exculpate himself, however, gives me grounds for believing 
 that he is sensible of the indecency and dangerous tendency of such 
 licentious writings ; trusting, therefore, to his own feelings on the 
 occasion, and in the hope that m future, without negleciing his duty 
 to the public, he will, nevertheless, bear in mind what he owes to the 
 crown, I am willing that he should continue in office, the loss of 
 which, I understand, would be much felt by a numerous family." 
 
 Though arbitrary, he was far from implacable and not destitute ol 
 the milk of human kindness. But we are, perhaps, forestalling. 
 
 ly 
 
 ■i; 1 
 
 '■ H 
 
 ^ll 
 
 iiiivi 
 
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 chiip. hitherto exerted with such good eflect, for pro 
 ^ moting to the utmost, the welfare of the 
 1807. province. 
 
 That their experience of the utility of the 
 several temporary acts in force, rendered ii 
 unnecessary for him particularly to recommend 
 the renewal of them, and that he was sensible 
 it would be doing them injustice were he not 
 to rely ou their adopting, with zeal and unani 
 mity, such other measures of a legislativi 
 nature, as the public interests might require. 
 
 He was particularly happy in having occa 
 sion again, to congratulate them on the brilliaiit 
 success of his Majesty's arms. The conqucs 
 of the Cape of Good Hope, so highly advanta 
 geous to the interests of the british empire in 
 the East Indies, and the repeated victories 
 gained by a small number of british forces 
 under the command of Sir John Stuart, in 
 Calabria, were among the most important events 
 of the last twelve months, -mil in proportion a- 
 they contributed to the sr-.lc.dor and stability 
 of the british empire, they would, under the 
 blessing of divine providence, tend to secure 
 to this part of his Majesty's dominions, the 
 solid advantages of freedom and tranquillity 
 
 The assembly heartily responded to the vene- 
 rable and respected president : — " It is highly 
 flattering to us," — said they — " that this meet- 
 hig of the legislature, enjoined by our invalua- 
 ble constitution, and in the absence of the 
 .<?:ovtinor 9nd lieis tenant governor, should take 
 piacw during your honor's presidency, since 
 
 
3ct, for pro 
 ire of the 
 
 ility of th( 
 
 rendered it 
 
 recommend 
 
 /as sensible 
 
 vere he not 
 
 and unani 
 
 legislativi 
 
 require. 
 
 iving occa- 
 
 the brilliaiji 
 
 le conquesi 
 
 ly advanta 
 
 empire in 
 
 d victories 
 
 ish forces 
 
 Stuart, ill 
 
 •tant events 
 
 ^portion as 
 
 nd stability 
 
 under the 
 
 to secure 
 
 nions, the 
 
 ranquillity 
 
 the vene- 
 
 It is highly 
 
 this meet- 
 
 ur invalua- 
 
 ice of the 
 
 hould take 
 
 ncy, since 
 
 255 
 
 another opportunity is thereby afforded, ofren-chap. 
 dering to your honor that tribute of gratitude ^" 
 which your conduct, during so long a residence 1807. 
 amongst us, so justly merits." A more grati- 
 fying and disinterested encomium could not be 
 offered, bespeaking alike the worth of Mr. 
 Dunn, an english gentleman who had come to 
 the country, shortly after the conquest, in mer- 
 cantile pursuits, and resided in it from that to 
 the present time, and the just appreciation of 
 character and friendly disposition, on the part 
 of those with whom he had thus lived on the 
 best of terms, equally creditable to him and to 
 them. " Having experienced," — they added — 
 " the utility of ihe temporary laws now in force, 
 your honor may rely on their being renewed, 
 and we hope that you will have no cause to 
 regret your public and honorable testimony of 
 confidence in our legislative proceedings." 
 
 An effort was this session made towards j 
 obtaining '' an allowance for defraying the ex- ! 
 penses of the members of the assembly who | 
 reside at a distance from Quebec," but the \ 
 subject was disposed of (16 to 14,) by a post- ' 
 ponement. The house also took into conside- 
 ration the expediency of having an authorized 
 agent, resident in Great Britain, for the pur- 
 pose of attending to the interests of the pro- 
 vince, when occasion should require, and 
 determined that it would be highly advantage- 
 ous to have such, legally authorized and 
 resident there* 
 
 Mr. Lees, one of the mem.bers representing 
 
 i^i 
 
 '" 
 
 i; 
 
 H 
 
!i' ( 
 
 
 
 rs- M- 
 
 jjK 
 
 IK » 
 
 256 
 
 Chap, the town of Three Rivers, dying in the course 
 J^ of this session, a writ had issued for the election 
 J 807, of a member to succeed him, and Mr. Ezekiel 
 Hart, a merchant and old and respectable inha- 
 bitant of the town was duly returned, but the 
 return not being made until the last day of the 
 session, he did not appear to take his seat, before 
 the beginning of the next session. Mr. Hart was 
 a jew, highly esteemed by his neighbours and 
 his fellow-townsmen, as a man of reproach- 
 less life and upright character ; but the good 
 christians of the assembly, nevertheless, took 
 exception at his religion, as will be seen in the 
 following chapter. 
 
 The assembly continued the alien act, and 
 the act ior the better preservation of his Ma- 
 jesty's government for another year, and passed 
 also a variety of others unnecessary to be 
 detailed. The business of the session having 
 been diligently followed up and brought to as 
 favorable a close as could have been desired, 
 the president prorogued it on the 16th April, 
 warmly thanking the members for their zealous 
 attention to the despatch of the public business. 
 " I feel it in a particular manner incumbent on 
 me to remark," — said his honour, — " that a 
 more iL^aidable spirit has never been manifested 
 since the estnbrshment of our present form of 
 government, tha) that which I have had the 
 high satisfaction to observe in the bringing 
 forwa^-a the p "incipal acts of this session ; and 
 1 consider this as an indubitable proof of a sin- 
 cere devotion to the best of sovereigns, and a 
 
ti the course 
 the election 
 Mr.Ezekiel 
 ctable inha- 
 led, but the 
 day of the 
 seat, before 
 rr. Hart was 
 ibours and 
 reproach- 
 Jtthe good 
 eless, took 
 seen in the 
 
 en act, and 
 of his Ma- 
 and passed 
 sarv to be 
 sion having 
 ought to as 
 3n desired, 
 16th April, 
 eir zealous 
 ic business, 
 jumbent on 
 ,— " that a 
 manifested 
 ent form of 
 e had the 
 e bringing 
 ssion ; and 
 of of a sin- 
 gns, and a 
 
 ISU/ 
 
 257 
 
 just sense of the blessings resulting from our chap. 
 invaluable constitution/' ^• 
 
 During this summer there were serious '^'^ 
 apprehensions of a war with the United States, 
 whose interests were suffering between the 
 two great belligerents of Europe. The feeling 
 of hostility throughout the republic, was aggra- 
 vated by the affair between the Leopard and 
 Chesapeake, in which the former, commanded 
 by captain Humphreys, pursuant to orders from 
 his superior officer, admiral Berkeley, on the 
 Halifax station, to recover certain deserters 
 known to be on board the latter, though denied 
 by her commander, commodore Barron, had 
 fired upon and momentarily taken possession 
 of for the purpose of searching her, and had 
 taken from her four deserters, unhappily killing 
 six and wounding twenty-one, as it was said 
 by the american accounts, of the Chesapeake's 
 crew in the enforcement of her orders. 
 
 This state of public feeling among our neigh- 
 bours, who talked of walking into Canada as 
 a matter desired by the inhabitants, and conse- 
 quently of easy and welcome accomplishment, 
 particularly to the natives, it was deemed by the 
 president, Mr. Dunn, necessary to meet, by 
 a counter demonstration of the public pulse in 
 Canada, on the same subject, ije accordingly, 
 towards the end of August, by a militia general 
 order, gave direction:? for draughting by ballot 
 or otherwise, a fifth part of the whole mihtia of 
 the province, with orders to hold themselves 
 in readiness to march whenever it might be 
 
 Y 2 
 
 It 
 
 V 
 
 ll 
 
258 
 
 IV! 
 
 
 ft. 1 
 
 -4^ 
 
 11 
 
 * '1^^*' found expedient — The command was no sooner 
 v.^v-w given than accomplished. Never was order 
 »ji'^^ obeyed with more cheerfulness, alacrity, and 
 patriotism than it, by all classes of his Majes- 
 ty*s subjects, and not to obedience merely, but 
 to emulation. The roman catholic bishop, 
 nionseigneur Pl6ssis, issued a mandement or 
 pastoral letter, on the occasion, which was read 
 y\ all the churches of his diocese, and a te 
 aeum sung in each throughout Lower Canada.* 
 
 * The following is the general order issued, after the ballot, on the 
 occasion : — 
 
 " Castlk of St. Lewis, Quebec, f)1h S pt., 1807. 
 
 " The president and commander in chief of the province havini; 
 received the returns of the militia who have been commanded, under 
 the general order of the 20th August, to hold themselves in readiness 
 for actual service ; having also received from the commanding officers 
 of battalions in the districts of Quebec, Montreal and Three Rivers, a 
 detailed report of the spirit and disposition manifested by their respec- 
 tive corps, feels it incumbent on him, in the most public munner, to 
 express his perfect approbation of the conduct of the whole of the 
 militia on the presf nt occasion ; with the exception only of some few 
 individuals, who, by their ill-conduct, have rendered themselves con- 
 temptible in the opinion of their fellow subjects. 
 
 " The pretv .lent also feels himself justified in asserting that a more 
 ardent demotion to his Majesty's person and government, has never 
 l>een witnessed in any part of the british dominions ; and it is particu- 
 larly to be remarked, that the idea of defending their own familie« 
 and their own property, has appeared in manner to have been absorb- 
 ed in the minds of all descriptions of persons in this province, by the 
 more general sentiment of coming forward in the cause of a justly 
 beloved sovereign, and in support of a form of government, whicn hfw 
 been proved by experience to be the best calculated for promoting the 
 happiness and securing the liberties of mankind. 
 
 •' The adjutant general has it in command, to make known to the 
 officers, non-commissioned officers and privates of the militia, the pre- 
 sident's warmest approbation of their conduct ; and for this purpose 
 he will transmit a copy of the present general order to the several com- 
 manding officers, who will cause the same to be publicly read to tlieir 
 respective corps. They will, at the same time, make known to them, 
 that the president will avail himself of the earliest opportunity to 
 transmit an account of their conduct to the secretary of state, for the 
 information of their most gracious sovereign, assuring them moreover, 
 that he will consider it fvs 5ie highest happiness of hw life to have had 
 
'! I 
 
 le ballot, on the 
 
 259 
 The Quebec Mercury observes: — 
 
 " The first draught was, in consequence, made, on the 
 Esplanade, from the first battalion, of tlie Canadian militia, 
 on Tues.Iay, (25th August,) from the second battalion on 
 Friday, and from the l)ritish battalion, by ballot, yesterday. 
 We should be wanting in justice to our compatriots did we 
 say less than that, never, on a similar occasion, could there 
 l)e manifested more cheerfulness, alacrity and zeal, than 
 were shewn on these occnsions, as well by the Canadians as 
 by the british. Numbers volunteered their services. The 
 artillery company, the two flank companies, 2^d captain 
 Bvirns's battalion com|;any, who are the strongest und best 
 disciplined of the british, have, to a man, formally tendered 
 their services. Sums of money were ofiered by individuals, 
 for prize*tickets, for such the tickets were called which, 
 in balloting, were for service. Some young bachelors pro- 
 cured prize-tickets from the married men, who had drawn 
 for service ; but the greater part of the latter insisted on 
 keeping their tickets, notwithstanding thatotTers of exchange 
 were made to them by other bachelors. 
 
 " Too much praise cannot be given to the animating lan- 
 guage of the field-officers and others, in their s|>eeciiea, 
 uddressed to the different battalions and companies, on the 
 occasion. The whole has been attended with much festi- 
 vity and hilarity. 
 
 " We hear that equal cheerfulness and ardour have ma- 
 nifested themselves in the diflerent country parishes. 
 
 " With such a spirit among us, what have we to fear ? 
 surely not the windy resolves or inflammatory paragraphs of 
 undisciplined democrats, where there is not sufficient energy 
 
 ^HsUTti 
 
 Chap 
 
 IbOT. 
 
 M 
 
 such an opporliinily of doing justire to the zeal, loyalty and public 
 spirit of his Majesty's subjects in this province. 
 
 (Signed) <' THOS. DUNN, 
 
 " President and commander in chief." 
 
 ■ By his honor's command, 
 
 " Herman W. Ryland, Secretary." 
 
 To colonel Baby, 
 
 '' Adjutant general of the miiiUa of Lower Canada." 
 
 ; ;;i 
 
'i 
 
 
 
 r- '■ 
 
 
 ii 
 
 i8o: 
 
 260 
 
 Chai) '" *^'® governing powers, to proiluce anything like subordi- 
 X nation or regular obedience to command," 
 
 The gallant colonel Brock, who then as 
 senior military officer commanded at Quebec, 
 seconding with characteristic industry and 
 energy the president, also immediately set at 
 w^ork to put the garrison and fortifications in a 
 state of defence, to inspire with confidence 
 those who might be called upon to share in the 
 honor of defending it, making every addition to 
 its natural strength, that science, judgment and 
 prudence could suggest. 
 
 The revenues of the last year, ( 1806) by the 
 accounts rendered this session, amounted to 
 ^36,417, currency, and the civil expenditure to 
 i)36,213, sterling, including £2,000 to general 
 Prescott, as governor in chief, and £1,500 to 
 Sir Robert Shore Milnes, the lieutenant gover- 
 nor, both absent ; Mr. Dunn, receiving accord- 
 ing to those accounts, only his £750, as one of 
 the judges of the court of king's bench for 
 Quebec, although not acting in that capacity, 
 while president, and £100 more as executive 
 councillor. Hp, however, on being relieved 
 of the government by Sir James Henry Craig, 
 as governor in chief, retired with a pension of 
 £500, sterling, a year, being also allowed at the 
 rate of £1,500 a year, as president and admi- 
 nistrator of the government, for the time he had 
 served as such, in addition to his salary as judge. 
 
 The subjoined article, from " The Quebec 
 Mercury" of 1806, may be interesting to the 
 descendants of the families mentioned in it, and 
 
 u r>:1 
 

 >g like subordi- 
 
 261 
 
 is inserted here as a historical record worthy rii.ip. 
 of being preserved : — '"^ 
 
 ** The following lus been handed to >is lor publieaiion, i!so7. 
 nH commemorative of those faniilies, in the proviriie, who 
 were distinguished iiniler the Trench goveiiuncnt. The 
 pride of ancestry, within due bounila, irf certainly laudable, 
 because it has a tendency to preserve, iti the desiendant« of 
 such families, that nobility of sentiment, that nice sense of 
 honor, that loyalty of attachment, and, to adopt a beautiful 
 and expressive antithesis of the great Burke, that proud 
 submission, which, in general, characterize the well-born. 
 The giving publicity to their names may not only r^erve to 
 awaken those feelings which, otherwise, might lie dormant; 
 but it is furnishing that kind of information to the commu- 
 nity at large, of which no society should be ignorant. '1 he 
 list is the production of Mr. Cugnet, the french translator to 
 the governor and council, the authenticity of whovse local 
 information is beyond all question. 
 
 " Names of the roots of no])lo families in Canada, the titles of wliifh 
 are iinquestionab'e, and v.hosc children and descendants Iiave 
 remained in the province since the conqnest, vi/, : — 
 
 Families whose titles ofnobilily are enregistered: — 
 
 Baron de Longueuil, title granted in 1700. 
 
 Hertel, ] 
 
 Boucher, 1 
 
 Louis Couillard De Beaumont, V ennobled in Canada. 
 
 Aubert De La Chesnay, 
 
 Juchereau Duchesnay, 
 
 Families whose ancestors received the title of esquire, in their 
 commissions as officers .• — 
 
 Xavier De Lanaudi^re, 
 
 De Langy, 
 
 De Normanville, 
 
 Duverger, 
 
 Denoyelle, 
 
 iSabrevois De Bleury, 
 
 Denys De la Ronde, 
 
 De Richarville, 
 
 De Montigny, 
 
 Came out in the regiment of 
 Carignaa.* 
 
 h Tlie reghncnt of Carignan was 
 the tirst that aiiivcd in Canada, 
 about the year 1 iibZ or 1 6o3. 
 
 4ili 
 
 '?MI 
 
 • These officers were all necessarily gentlemen by birth. 
 
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 TEST TARGET (MT-3) 
 
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 Sciences 
 Corporation 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 872-4503 
 
 
 

 m 
 
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262 
 
 
 Chap. 
 X. 
 
 1807. 
 
 DailUoout, 
 
 De Lu Corne, 
 
 De Beaujeu, 
 
 St. Ours De Dechallion, 
 
 De Varennes, 
 
 Chabert de Jonquieres, 
 
 Desbergers De Rigauville, 
 
 De La Valtrie, 
 
 De Ganne, 
 
 Picot6 De Belestre, 
 
 Chaussegros De Lery, 
 De Bonne, 
 De Vassal, 
 De Salaberry, 
 
 Officers in the colonial 
 corps. 
 
 Engineer in do. 
 
 Officer in the colonial servior. 
 Officer in the queen's regiment. 
 Captain in the royal navy. 
 
 Families whose anceslc's were counciUors in the superior council 
 established in 1663, by act of the parliament of Paris ^ the pro- 
 visions of which are enregistered : — 
 
 Damour Duchaufour, in 1663, first councillor. 
 Viileray, 
 
 "in 1670. 
 
 Lepmay, 
 
 La Duraiitaye, 
 
 Charticr De Lotbinierc, 
 
 Hazeur Delorme, 
 
 Guilleniin, 
 
 De laFc. taine, 
 
 Taschereau, 
 
 Godci'roi De Tonnancour 
 
 1680. first councillor. 
 1700, 
 17Jj, 
 1730, 
 1732. 
 held the title of esquire, by the king's 
 
 conimission of lieutenant-general of the district of Three Rivers. 
 
 
 r! 
 
 111 
 
 I 
 
 Im I. 
 
 m 
 
263 
 
 VM««Mra>»«»*« 
 
 lerior council 
 
 CHAPTER XL 
 
 Arrival of Sir James Henry Craig — assumes the government 
 — his militia general order — convokes the legifciaiure — 
 speech — eligibility of judges to parliament considered— bill 
 disqualifying them passed by the assembly — rejected in 
 the legislative council — seat of Mr. Hart vacated by a 
 resolution of the issembly — various proceedings of the 
 session — speech and prorogation — revenues and civil 
 expenditure of 1807 — general election— sundries — new 
 parliament meets — Mr. Panet again speaker— topics of 
 the speech — the eligibility of judges again considered — 
 Mr. Hart re-expelled — prorogation and dissolution — 
 governor's speech — he makes a tour of the province — 
 first steamer in the St. Lawrence — arrivals f'rom sea at 
 Quebec — revenues and expenses of 1808 — Sir Francis 
 N. Burton, lieutenant governor, vice irir R. S. Milnes. 
 
 We are now, as the reader will soon perceive, chup. 
 
 entering upon more interesting times than we ^ 
 
 have yet met with in the history of Lower isor. 
 Canada. Lieutenant general Sir James Henry 
 Craig, the new governor in chief, arrived in 
 rather ill health at Quebec, on the 18th Octo- 
 ber, 1807, in the Horatio frigate, and on the 
 24th of the same, relieved Mr. Dunn of the 
 government. The United States were at that 
 period, as previously mentioned, breathing a 
 hostile spirit against Great Britain, and fierce 
 for war, and it probably was in anticipation of 
 a brush with them that this distinguished officer 
 was sent to their neighbourhood, where it was 
 
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 3:1 
 
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 tjl 
 
 
 264 
 
 (^;i^j^^ not unlikely there soon would be business in 
 '<'• his line. He, however, did not deem it neces- 
 
 ^pT sary to organize the militia, nor make any 
 " demonstrations of defence, there being no hos- 
 tile movements in the neighbouring republic to 
 create apprehension in his mind, of an imme- 
 diate rupture. The people of the United States 
 were universally under the delusion that a 
 declaration of war on the part of that govern- 
 ment, would be hailed in Canada, particularly 
 by the population of french origin in it, as the 
 harbinger of its emancipation from british 
 bondage, and that if they did not actually rise 
 en masse to welcome and aid their deliverers, 
 they would certainly allow themselves to fall 
 an easy conquest to the arms of the Union, 
 and that the americans had only to walk in and 
 take possession — Never were they more in 
 error. But the british government entertained 
 very different sentiments of the feelings and 
 loyalty of its Canadian subjects of all origins, 
 to whom, confiding in their loyalty it did ample 
 justice, as the militia general order (below,*) 
 
 ♦ " G. O." " Castle of St. Lewis, 
 
 « Quebec, 24th November, 1807. 
 
 " Among the earliest objects relating to the government committed 
 to his charge, that attracted the attention of his excellency the cap- 
 tain general and governor in chief, on his arrival here, it was with 
 singidar satisfaction that he received the reports of the state and con- 
 dition of the militia of the province, of the steps that had been taken 
 with regard to it, and of the uniforra sentiments of attachment to his 
 Majesty's person and government, of zeal for his service, and of rea- 
 diness to stand forward in defence of the colony, that had so univer- 
 sally shewn themselves, among all ranks, on the occasion. These 
 sentiments, as they reflect honor on the brave inhabitants of the pro- 
 vince, have been properly noticed and acknowledged by the honorable 
 the president, who was at the time in the administration of the 
 
business in 
 m it neces- 
 make any 
 ing no hos- 
 republic to 
 an imme- 
 lited States 
 !ion that a 
 bt govern- 
 particularly 
 ti it, as the 
 :)m british 
 ctually rise 
 deliverers, 
 ves to fall 
 the Union, 
 ivalk in and 
 y more in 
 entertained 
 elings and 
 all origins, 
 : did ample 
 ' (below,*^) 
 
 'ember, 1807. 
 ment committed 
 ellency the cap- 
 re, it was with 
 le state and con- 
 : had been taJcen 
 ttachment to his 
 vice, and of rea- 
 t had so univer- 
 ccasion, These 
 itants of the pro- 
 Liy the honorable 
 iiistralion of the 
 
 265 
 
 issued by Sir James Henry Craig, shortly after chap 
 his arrival evinces. 
 
 P'\ 
 
 XI. 
 
 government, by his order of 9th September; and they will now have 
 the further satisfaction of knowing, that he has not failed in doing 
 them the justice, of impressing upon the mind of the governor general, 
 that favourable opinion of them, to which their conduct has given 
 them so good a claim. 
 
 " Among the particulars of the several reports of the inspections, 
 that have been laid before him, it was with much concern, that the 
 governor found his notice drawn to a very gross instance of misbeha- 
 viour and insubordination, in the parish of I'Assomption, in the dis- 
 trict of Montreal. Upon enquiry, he learnt, however, that this outrage, 
 as subversive of all discipline, as of the public peace, had been imme- 
 diately suppressed, and that the persons concerned, having been 
 brought to trial before the courts at Montreal, were now sufi'eiing the 
 punishment due to their demerits, under a sentence of twelve months 
 imprisonment each, in addition to the several fines of ten and five 
 pounds, in proportion to the degrees of their respective criminality. 
 
 " Brought to a sense of their misconduct, and under every impres- 
 sion of contrition for their past errors, and of the obligation of atone- 
 ment by their future behaviour, these culprits have now thrown them- 
 selves upon the lenity of his Majesty's government, and implore that 
 mercy which they know is so liberally extended, where the object 
 can shew a claim to it. 
 
 " Their petition to this effect, backed by the recommendation of 
 the majority of the judges before whom they were tried, aad who cer- 
 tify as to their present appearance of repentance, and by the colonel 
 of the district to which they belong, who urges the sufferings of their 
 numerous familes, has been presented to the governor, and his excel- 
 lency having taken it into consideration, has thought himself permit- 
 ted, in this instance, to overlook the faults of a few where they are so 
 amply covered by the general merit, and he has accordingly directed, 
 his Majesty's pardon to be made out for the persoi s in question. 
 
 " In making known this instance of the forbearance and lenity of 
 his Majesty's government, his excellency has in view, a more particu- 
 lar communication of his sentiments with respect to the militia estab- 
 lishment of the province, and of the expediency he feels, that it be 
 kept up, with every possible attention to its organization, and the best 
 degree of discipline, of which it is susceptible. Every one must be 
 sensible, that upon these, must depend its efficiency in resisting the 
 hostile attacks of an enemy, and every one must feel a pride, in owing 
 to himself alone, his own safety, and. the protection of his wife, his 
 children, and his property. That this laudable spirit pervades through 
 the inhabitants of Canada, their exulting acclamations when lately 
 called upon, has loudly proclaimed, ; and his excellency has no doubt 
 that an invading enemy, if such should present himself, will find it 
 verified to his cost : they will fly with alacrity to lue depots of arms, 
 that are arranging for their use ; and they wall employ them with a 
 courage, becoming the cause in which they will be engaged. 
 
 J 807. 
 
 
 
 m 
 
 
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 11 
 
 
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1 ■ '(i^' ■' jjl 
 
 
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 mi , . 
 
 
 
 266 
 
 Chap. He assembled the legislature on the 29th 
 
 ^..^^ January, 1808, going down in great state to 
 
 1808. open it, and cheered by the assembled crowd. 
 
 The speech embraced nothing remarkable, 
 
 but, nevertheless, may be interesting : — 
 
 *' Gentlemen of the legislative council, and gentlemen of 
 the house of assembly, — Having been honored by his Ma- 
 
 " His excellency has the most perfect confidence, that the laws of 
 the country, will at all times meet the most ready submission. The 
 wisdom of the legislature has pointed out the duties of the militia, and 
 if any thing further is found wanting, to give it all the energy, and array 
 it in the best form, of which it is capable, it will be sought for in the 
 same source. In the mean time, the brave Canadians of every descrip- 
 tion, will rest in tranquil reliar^ce on their prudence, and on the vigi- 
 lance and care of the executive part of the government. 
 
 " But his excellency the governor, further thinks it right, to embrace 
 this opportunity, of earnestly exhorting the inhabitants in general, to 
 be on their guard against the treacherous arts, and insidious language 
 of emissaries who will doubtless be employed to seduce them from 
 their duty. That such will be dispersed among them, there is little 
 doubt. But they will have little weight among a contented and happy 
 people, who feel every moment of their lives, the protection and bless- 
 ings that they enjoy, under the british government. They will spurn 
 with contempt, and abhorrence, at the traitors, who would lead them 
 to swerve from the sentiments of honor and duty, which now actuate 
 them in their attachment to their king ; and they will only feel more 
 determined in their resolution, to shed the last drop of their blood, in 
 defence of his government, and in the protection of their wives, their 
 children and their property. 
 
 '< In order, however, the more effectually to prevent the bad effects, 
 that might possibly attend the efforts of these people, among the young 
 and ignorant, who are always credulous from inexperience, and fre- 
 quently misled because unsuspicious of the design with which they are 
 addressed, his excellency the governor earnestly recommends and com- 
 mands, that all well disposed militia men in the province, do carefully 
 watch over the conduct and language of such strangers as may come 
 among them, and that wherever these are of a nature to carry with 
 them a well grounded suspicion of any evil intentions, they do immedi- 
 ately apprehend, and carry them before the nearest magistrate, or 
 militia officer, in order that they may be dealt with according to law. 
 
 " The portion of the militia, amounting to one-fifth, directed to be 
 ballotted for, by his honor the president, is to continue to hold itself in 
 readiness, to assemble, on the shortest notice. 
 
 '< J. H. CRAIG, Governor. 
 " By his excellency's command, 
 
 Herman W. Ryland, Secretary. 
 '' To colonel Baby, adjutant-general 
 
 of the militia of Lower Canada." 
 
 
267 
 
 the 29th 
 at state to 
 led crowd. 
 
 emarkable, 
 
 f •— 
 
 gentlemen of 
 ?d by his Ma- 
 
 that the laws of 
 ibmission. The 
 the militia, and 
 mergy, and array 
 sought for in the 
 of every descrip- 
 and on the vigi- 
 
 right, to embrace 
 its in general, to 
 iidious language 
 duce them from 
 m, there is little 
 tented and happy 
 tection and blesf- 
 They will spurn 
 would lead them 
 liichnow actuate 
 ill only feel more 
 5f their blood, in 
 their wives, their 
 
 ntthe bad effects, 
 among the young 
 erience, and fre- 
 th which they are 
 nmends and com- 
 nce, do carefully 
 ers as may come 
 ire to carry with 
 , they do immedi- 
 st magistrate, or 
 iccording to law. 
 th, directed to be 
 le to hold itself in 
 
 IG, Governor. 
 
 jesty's appointment, to the government in chief of the l<iiiish (;|,a ., 
 provinces in America, I have lost no time, in proceeding XI. 
 hither, to take upon me the arduous and important charge, --^-^ 
 which his Majesty has thus been j)leased to commit to mc. ^^'^^' 
 It would have been highly gratifying to me, if upon this 
 occasion, I could have been the bearer of any well ground- 
 ed expectation of the restoration of that peace, which, as 
 the surest foundation of the welfare and happiness of his 
 people, is the constant object of his Majesty's endeavours ; 
 but while an implacable enemy is exerting every resource 
 of a power, hitherto unexampled in the world, and which is 
 controuled by no principle of justice or humanity, in attempt- 
 ing our ruin, while that enemy, under the irritation of a dis- 
 appointed ambition, which, boundlet-s in its extent, aims at 
 no less than the subjugation of the world, regards with a 
 malignant inveteracy, which he does not attempt to con- 
 ceal, the now only nation in Europe, which, by the v.is- 
 dom of its government, the resources of its wealth, and tlie 
 energy, virtue, and public spirit of its people, has been able 
 to resist him. It must be, with cautious diffidence, and a 
 rehance only on the blessings of divine providence, that \\c 
 can look forward to the wished lor cessation of the incon- 
 veniences of war. 
 
 " The capture of the capital of the danish dominions, and 
 the consequent possession of the entire fleet, with the whole 
 of the naval arsenals of that power, are events, on which 1 
 have very cordially to congratulate you. The acquisition to 
 us, would be of little advantage, were it not lor the ten-fold 
 greater benefit, which arises, from the having diverted these 
 powerful resources, from the object to which they were 
 to have been directed. Attempts have been made, by 
 the enemies of his Majesty, to cast an imputation on the 
 morality of this measure, but the declaration which his Ma- 
 jesty has been pleased to make, of the motives which have 
 imperiously led to it, must have convinced every mind, not 
 obstinately biassed by an inveterate prejudice, that it was 
 founded upon the strictest grounds of self-defence, and upon 
 the true principles of the law of nations. Britain still stands, 
 proudly pre-eminent, in her love of justice, and her sacred 
 regard for the rights of oth^r nations. 
 
 m 
 
 k\ 
 
 I 
 
 ■I 
 
 i 
 
 hi 
 
 'r[ 
 
 'I. ;-j 
 
 ^ 
 

 lit 
 
 
 
 li ItT? ' 
 
 268 
 
 Chap. ** ^ ^^ve no doubt, that you will join with me, gentlemen, 
 XI. in lamenting the discussions that have arisen, between his 
 v^'v-.^ Majesty's government, and that of America. I have no 
 1808. information to convey to you, that might tend to throw any 
 light upon a subject, in which this colony must be so mate- 
 rially interested. Let us hope, that the moderation and wis- 
 dom of the government of the United States, will lead them 
 to meet that of his Majesty, in its endeavors by an equitable 
 accommodation of differences to avert the calamities of war, 
 from two nations, who from habits of affinity, unity of lan- 
 guage, and the ties of common ancestry, seem destined by 
 Providence, for the enjoyment of the blessings of continued 
 peace, while the reciprocal advantages of their commercial 
 intercourse, seem no less to point them out to each other, as 
 the objects of a mutual connection of amity and confidence. 
 " But while we indulge in the hope, we will not be de- 
 luded by it, into the neglect of any means, that may be 
 necessary, for our defence and safety ; and I place every 
 confidence in your ready c deration, in any measure that 
 may be judged expedient, . Cd to the energies of govern- 
 ment, with this important ,w. The loyalty and affection 
 to his Majesty's government, so spiritedly manifested on the 
 occasion, by the militia of the province, who have stood 
 forward with a cheerfulness, not to be exceeded, demand 
 my warmest applause, and furnishing us with the best ground 
 for hoping, that in the event of any attack on this province, 
 we shall derive from them, all the assistance, that can be 
 expected from a brave people, contending for every thing 
 that is dear to them. 
 
 " Gpntlemen of the assembly, — I shall cause to be laid 
 before you statements of the provincial revenue of the 
 crown, and of the expenditure for the last twelve months. 
 " Gentlemen of the legislative council, and gentlemen of 
 the house of assembly, — Though a portion of the militia 
 have been selected, and are directed to hold themselves in 
 readiness, to assemble at the shortest notice, yet I have not 
 thought it necessary to call them together ; a measure,which 
 no particular circumstance seemed immediately to call for, 
 and which would have been attended with considerable 
 inconvenience to the province, while, from the season of the 
 year, it would not have been accompanied with the advan- 
 
 II 
 
le, gentlemen, 
 
 f between his 
 
 . I have no 
 
 to throw any 
 
 }t be 80 mate* 
 
 tion and wis- 
 
 vill lead them 
 
 an equitable 
 
 mities of war, 
 
 , unity of lan- 
 
 n destined by 
 
 of continued 
 
 • commercial 
 
 each other, as 
 
 id confidence. 
 
 ill nut be de- 
 
 that may be 
 
 . place every 
 
 measure that 
 
 jies of govern- 
 
 and affection 
 
 iifested on the 
 
 10 have stood 
 
 eded, demand 
 
 hie best ground 
 
 this province, 
 
 , that can be 
 
 r every thing 
 
 use to be laid 
 venue of the 
 velve months. 
 i gentlemen of 
 )f the militia 
 themselves in 
 ^-et I have not 
 jeasure,which 
 jly to call for, 
 considerable 
 season of the 
 ith the advan- 
 
 269 
 
 tiges tliat might otherwise have been derived, from thechan 
 opportunity it would have afforded, of exercising and train- XI 
 ing them. While adverting to the subject of the militia, its^v^ 
 may not perhaps be inexpedient, that I should call to your 1808. 
 recollection, that one of the limits, by which the existence 
 of the militia law is bounded, I mean that of a fixed period, 
 is already expired, so that, it is now in force, only, so long 
 as the war continues. The very great inconvenience, that 
 might arise to the country, from the possiI)le event of a sud- 
 den account of a conclusion of peace, at the very moment 
 that there might exist a necessity of being prepared to resist 
 an expected attack from another quarter, will no doubt 
 point out to you the expediency of again fixing a determi- 
 nate period for the duration of this law. 
 
 " Considering the erection of gaols for the cities of Que- 
 bec and Montreal, as objects of much importance to the 
 welfare of the province, I have lost no time in proceeding 
 to exercise the powers vested in the governor for that pur- 
 pose, commissioners have been appointed to both places,and 
 as I found thai the measure suffered considerable difHculty 
 and delay, in that which was proposed for Quebec, from 
 the circumstance of the old gaol being occupied by the mili- 
 tary, to whom it had been formerly given, in lieu of the 
 part of the barrack of the royal artillery, which is now used 
 as a prison, I have made an arrangement for iheir evacuat- 
 ing it, as soon as possible, although the troops are necessa- 
 rily put to considerable inconvenience, by doing so before 
 the barracks can be returned to them. 
 
 " I cannot conclude this address, without expressing the 
 high gratification I experience, at meeting you, in the exer- 
 cise of the noblest office to which the human mind can be 
 directed, that of legislating for a free people. I have the 
 utmost confidence, that in the discharge of this duty, while 
 On the one hand you carefully watch over the interests and 
 promote the welfare of the people, you will, on the other, 
 be no less zealous, of the support of that government, from 
 the power ?nd energy of which, alone, those interests can 
 derive a permanent security ; and I feel particular satisfac- 
 tion, in looking forward to the most perfect harmony and co- 
 operation between us, because I persuade myself, that in 
 every act of my administration, you will find my conduct, 
 
 z 2 
 
 H I 
 
 
 ^ I 
 
 n 
 
 A 
 
270 
 
 ■M 
 
 18()S. 
 
 < Imp. directed upon the same principles, of zealous attachment toy 
 ^'- my sovereign and his government, and of a sincere regard to 
 the happiness and prosperity of the people whom he has 
 committed to my charge." 
 
 The address in answer to this was every 
 thing that could be desired : — 
 
 " The applause with which your excellency has already 
 been pleased publicly to notii-e the loyalty and aflection to 
 his Majesty's government, of the militia of this province, 
 and reiterated on this occasion, in such flattering terms, 
 demand our warmest acknowledgments. And we can 
 confidently assure your excellency, that, in the event of any 
 attack on this province, they will manifest the same spirit 
 of loyalty, in affording all the assistance in its defence, tiiat 
 can be expected from a brave people, duly sensible of the 
 blessings they enjoy, and contending for every thing that is 
 dear to them. 
 
 " Duly appreciating the blessings of our admirable con- 
 stitution, and impressed with the most gratifying sentiments 
 of thus meeting your excellency in the noblest office to which 
 the human mind can be directed, that of legislating for a 
 ^ree people, your excellency may rely, that in the discharge 
 of this duty, they will, on the one hand, carefully watch 
 over the interests and promote the welfare of the people, 
 while on the other hand, we shall be no less zealous in the 
 support of that government under whose power and energy 
 alone, those interests can derive a permanent seciirity. — 
 And, under a thorough conviction that your excellency's 
 administration will uniformly be directed upon the same 
 principles, it. shall be our greatest solicitude to promote the 
 most perfect harmony and Co-operation on our part, in every 
 measure, for the advancement of those important objects so 
 peculiarly and deservedly deSir to us.'* 
 
 The address being disposed of, the propriet}^ 
 of allowing the judges of the court of king's 
 bench to be elected and sit in the assembly, 
 was again considered. It was resolved (22 to 2) 
 by the house, " that it is expedient to declare 
 
271 
 
 j' 
 
 altachment to 
 I cere regard to 
 vhom he has 
 
 was 
 
 every 
 
 y has already 
 nd affeclion to 
 this province, 
 tiering terms, 
 And we can 
 D event of any 
 e same spirit 
 defence, that 
 ensible of the 
 y thing that is 
 
 dmirable con- 
 ng sentiments 
 )ffice to which 
 gislating for a 
 
 the discharge 
 irefully watch 
 )f the people, 
 zealous in the 
 er and energy 
 t security. — 
 
 excellency's 
 on the same 
 ► promote the 
 part, in every 
 mt objects so 
 
 propriety 
 
 of king's 
 
 assembly, 
 
 i (22 to 2) 
 
 to declare 
 
 that the judges of the court of king's bench <»•«? 
 now established, the provincial judges of ihe^J^ 
 districts of Three Rivers and Gaspe, andallTuiw!^ 
 commissioned judges of any courts that may 
 hereafter be established in this province, are 
 incapable of being elected, or of sitting or vot- 
 ing in the house of assembly of any parliament 
 of this province." A bill to render them ineli- 
 gible was accordingly passed and sent to the 
 legislative council, but by it rejected, to the 
 great displeasure of the lower house, and, 
 indeed, to the dissatisfaction of the public 
 generally, in whom the opinion that the judges 
 ought not to be mixed up in the political con- 
 cerns of the country had taken root, and was 
 growing. Several were, in consequence of the 
 failure of the bill above, for unseating the 
 judges at once, by a resolution, but the matier 
 was allowed to remain over to the next session. 
 
 The return of Mr. Hart, for the town of 
 Three Rivers, as mentioned in the preceding 
 chapter, was also taken up, and less tolerant 
 with respect to that gentleman than towards 
 the judges, probably because less to be feared, 
 his seat was vacated ; it being resolved (21 to 
 to 5,) " that Ezekiel Hart, esquire, professing 
 the Jewish religion, cannot take a seat, nor sit 
 nor vote in this house." Mr. Hart's constitu- 
 ency, with becoming spirit, reelected him. 
 
 Much of the session was taken up in the 
 discussion of these matters. A sum was voted 
 for repairs to the ancient casde of St. Lewis, 
 the official residence of the governors of the 
 
 iR 
 
 f(l 
 
 )■■, 
 
 m 
 
 M U • 
 
t ; I? 
 
 111 
 
 Wi 1 
 
 ^ilill ' 
 
 if ,t 
 
 r1 ' 
 
 I8()S 
 
 272 
 
 Chap, the province, which was falling into ruin. The 
 ^^ militia act was continued, as also the alien act. 
 '^'^anil that for the better preservation of his 
 Majesty's government — the two last for the 
 year only. A bill relating to the trial of con- 
 troverted elections was introduced and became 
 law, and on the whole several useful acts were 
 passed this session, his excellency sanctioning 
 thirty-four, and reserving one, (the Gasp6 gaols 
 bill) for the royal pleasure, afterwards sanc- 
 tioned. The business of the session being 
 over, the governor prorogued it on the 14lh 
 April, with the following discourse : — 
 
 " I am induced to put a period to your session that I may 
 be enabled to issue writs for summoning a new house of 
 assembly, in which I shall proceed without delay. Tlic 
 critical situation of public affairs, under the advancing sea- 
 son of action, may render me anxious to avail myself of 
 legislative assistance, and it will be extremely desirable that 
 J should have it in my power to do so, under circumstances 
 that will not be liable to interruption from the expiration of 
 the period for which one of the branches of the legislature 
 is chosen. 
 
 '^ It gives me no small satisfaction to observe, and I do it 
 with every acknowledgment that is so justly due to you on 
 the occasion, that the diligence with which you have pursu- 
 ed, and the temper and moderation with which you have 
 concurred in, the several objects that have been the sub- 
 jects of your deliberations, by the dispatch that they have 
 enabled you to give to public business, leave no room to 
 regret that a termination of your labours should be called 
 for. The readiness with which you have renewed the acts 
 that have been judged expedient for the further security of 
 his Majesty's government, and the clauses which have been 
 added to that which relates to the admission of aliens into the 
 province, furnish additional proofs of the just estimation in 
 which you hold the blessings we enjoy, under our excellent 
 
 v,-i 
 
 ii< 
 
 
 ^m 51" 
 
273 
 
 ruin. The 
 e alien act, 
 ion of his 
 last for the 
 ial of con- 
 nd became 
 1 acts were 
 sanctioning 
 rasp6 gaols 
 ards sanc- 
 ision being 
 n the 14th 
 
 ion that I may 
 new house of 
 t delay. Tlic 
 advancing sea- 
 'ail myself of 
 ,' desirable that 
 circumstances 
 e expiration of 
 the legislature 
 
 fo, and I do it 
 due to you on 
 u have pursu- 
 lich you have 
 been the sub- 
 »at they have 
 3 no room to 
 uld be called 
 3\ved the acts 
 ler security of 
 ich have been 
 aliens into the 
 estimation in 
 our excellent 
 
 constitution, and of your determination to use every exertion chnp. 
 in the defence and preservation of them. iLl. 
 
 " I have to olTer you my thanks for the act you have v-*-'^^ 
 passed for granting a sum of money for repairing and ame- i**^^- 
 liorating the ancient residence of your governors the Cai^tle 
 of St. Lewis. I have no doubt that his Majesty will view 
 this act, passed as it has been on your own motion and un- 
 asked for on my part, in the light in which I shall think it 
 my duty to lay it before him, as a fresh proof of your attach- 
 ment to his person and government, in a liberal |)rovision for 
 the accommodation of his representative among you. 
 
 *' Since I had occasion to address you last, events of 
 interesting importance to the empire have taken place. New 
 enemies have been added to the list of those with which we 
 had before to combat. His Majesty has been pleased to 
 inform his parliament, that the deterniinalioii of our impla- 
 cable foe to excite hostilities between him and his late allies, 
 the emperors of Russia and Austria, and the king of Prussia, 
 has been but too successful, and that the ministers of those 
 powers have demanded their passports, to retire from his 
 court. On the other hand those same eflbrts exerted towards 
 a spirited and magnanimous prince, though they have pro- 
 duced the subversion of his government in Europe, have 
 failed in the attempt to bend him to a dishonorable submis- 
 sion to the public spoiler: rather than bow to the degrading 
 chains of a master, the court of Portugal has nobly preferreil 
 to encounter all the inconveniences of an unexampled 
 emigration to another hemisphere. 
 
 Let us join his Majesty in imploring the protection of 
 divine providence upon that enterprise, while we rejoice in 
 the preservation of a power so long the friend and ally of 
 Great Britain, and in the prospect of its establishment in the 
 new world, with augmented strength and splendour. 
 
 " His Majesty has further been pleased to inform his par- 
 liament, that, for an unauthorised act of force committed 
 against an american ship of war, he had not hesitated to 
 offer immediate and spontaneous reparation, but that an 
 attempt has been made by the american government, to con- 
 nect with the question which has arisen out of this act, 
 pretensions inconsistent with the maritime rights of (^reat 
 Britain. His majesty is pleased to add, that such pretensionsi 
 
 F- 
 
 
 VI 
 
 11 
 
 I 
 
 !ii: 
 
 » 
 
p. 
 
 |U| 
 
 '■ 
 
 
 
 274 
 
 Chap, h'8 Majesty is determined never to admit, and to that deter- 
 XI. mination every voice in his Majesty's dominions is raised in 
 ^-^'*-' cheerful assent. It will remain now to be seen whether the 
 1808. ainerican government will persist in its unjustifiable preten- 
 sions, or whether it will not at length open its eyes to its 
 true interest, which should lead it to strengthen by every 
 means that it possesses, instead of injuring, the only power 
 ibat stands between it and a subjugation, which, on the 
 fall of that power, would be its inevitable doom to the 
 worst of tyranny. 
 
 You have, gentlemen, ably and diligently discharged one 
 duty, another now remains for you to perform, which I 
 earnestly recommend to your serious attention. You are 
 returning among your constituents, who will naturally look 
 up to you for information and instruction. These are times 
 in which the influence of education and knowledge should 
 be peculiarly exerted to inform and direct the public mind. 
 Let me entreat you to consider this as an obligation laid on 
 you by your public station, and while you exert yourselves 
 in impressing on the people, a sense of their duties in due 
 subordination to the laws and a faithful attachment to the 
 Kovernment, let it be your business also, to let them into the 
 knowledge of their true situation : conceal not from them the 
 difficulties with which we are surrounded, but point out to 
 them at the same time, the miseries w^hich we are combating 
 to avoid : these present themselves in every shape of horror 
 in every country which has suffered itself to be brought under 
 subjecliv^n to the enemy who pursues us. Assure them 
 that united among themselves, the british nation feels no 
 dread on the occasion. 
 
 "The great and powerful resources of the country, the 
 wisdom and magnimity of its monarch, and the energy of 
 its government, in the direction of the public spirit, are the 
 means of security to which it looks up. On these teach his 
 Majesty's faithful subjects of this colony of Canada also con- 
 f dently to rely ; they will be employed for their protection, 
 and under the blessing of divine providence, aided by their 
 own exertions, they will ensure their safety, as they will, 
 we doubt not, ultimately crown the glorious struggle in 
 which we are engaged, with a successful issue." 
 
 ■ff^ 
 
275 
 
 \i and to that deter- 
 unions is raised in 
 |e seen whether the 
 ijustifiable preten- 
 Ipen its eyes to its 
 Irengthen by every 
 |ng, ihe only power 
 )n, which, on the 
 liable doom to the 
 
 ntiy discharged one 
 perform, which I 
 tention. You are 
 will naturally look 
 . These are times 
 knowledge should 
 ct the public mind, 
 n obligation laid on 
 )u exert yourselves 
 their duties in due 
 attachment to the 
 to let them into the 
 I not from them the 
 i3, but point out to 
 ti we are combating 
 ery shape of horror 
 to be brought under 
 us. Assure them 
 h nation feels no 
 
 >f the country, the 
 and the energy of 
 iblic spirit, are the 
 On these teach his 
 if Canada also Con- 
 or their protection, 
 ice, aided by their 
 fety, as they will, 
 glorious struggle in 
 issue." 
 
 I 
 
 Thus terminated the fourth session of the chap. 
 fourth provincial parliament of Lower Canada, ^^• 
 in harmony with the executive, although there jgos. 
 were clouds gathering in the distance, and 
 some indications of a coming storm. 
 
 The public accounts of 1807, laid at the late 
 session before the assembly, shew the revenues 
 of the year to have been c£35,943, currency, 
 and the civil expenditure .£44,410, sterling, 
 those of the legislature besides, amounting to 
 ^2821, currency. 
 
 The general election took place in May, 
 and was, in most places, concluded with 
 unanimity. The late speaker, Mr. Panet, pre- 
 sented himself for the Upper Town of Quebec, 
 but having incurred, from his connexion it was 
 said with the french paper " Le Canadien,^' 
 the displeci^sure of the executive, which it 
 certainly did not spare, and, consequently, had 
 become the source of considerable uneasiness to 
 the government, as already mentioned, he lost 
 his election, the official class, including the resi- 
 dent military officers, and dependents upon the 
 commissariat, ordnance and other departments 
 in the garrison entitled to vote, going against 
 him, in favor of another gentleman of french 
 origin, more acceptable to the government. 
 Mr. Panet's friends, however, anticipating the 
 result, had taken measures for his election in 
 another quarter, and for which he was 
 returned.'* , . , ... 
 
 • J'lr. Panet and some other gentlemen were,^ shortly after this, 
 dismissed from their militia commissions. 
 
 'f' 
 
 I ' 
 
 
 The following letter ad- 
 
I' 1 
 
 276 
 
 chap. Some improvements to the fortificaiions of 
 
 ^ Quebec, were commenced this summer, and in- 
 
 "J"^ particular, the foundations of the lour towers 
 
 across the heights »vest of the city wore laid. 
 
 dressed to each of them, on the occasion, is explanatory : — 
 
 *' Castle of St. Lewis, Quebec, 14th June, 1808. 
 
 " Sir, — I am directed, by his excellency the governor in chief, to 
 acquaint you, that he thinks it necessary for his Majesty's service, to 
 
 dismiss you from your situation as of the town militia. His 
 
 excellency bids me add, that he is induced to adopt this measure, be- 
 cause he can place no confidence in the services of a person whom he 
 has good ground for considering as one of the proprietors of a seditious 
 and libellous publication, that is disseminated through the province, 
 w^th great industry, and which is expressly calculated to vilify his 
 Majesty's government, and to create a spirit of dissatisfaction and dis- 
 content among his subjects, as well as of disunion and animosity 
 between the two parts of which they are composed. 
 
 " lam, &c., " H. W. R.»> 
 
 The gentlemen to whom the above letter was addressed, according 
 to the Canadien, were Messrs. J. A. Panet, lieut.-colonel ; P. Bedard, 
 captain ; J. T. Taschereau, captain and aide-major ; J. L. Borgia, 
 lieutenant; and F. Blanc bet, surgeon. 
 
 The following from the Quebec Mercury, is given as explanatory of 
 the above, p.nd of the ' iews probably entertained on the subject by the 
 executive of the time : — 
 
 " Of Mr. Panet we shall only say that we sincerely regret that the 
 man, who boasts of his having been speaker of the House of As- 
 sembly, from its first existence, should have so far forgot that situation 
 as to be ambitious of presiding at such a meeting as was at the hotel, 
 a few days previous to the late general election ; and of which he 
 was himself the victim. 
 
 "■ Our regret is not less that he should, in his address to the electors 
 of Huntingdon, have thrown out insinuations for which we should 
 have been happy could we ha\ j considered them nc irore than the 
 splenetic effusions of disappointment, at the moment of the Upper 
 Town election. We should have thought that the ebullitions of 
 triumph would have issued from the pen rather in the sprightly lan- 
 guage of light raillery than in that of bilious spleen. 
 
 « We wish we could give the conductors of the Canadien credit for 
 purity of intention, in developing, as they are pleased to say, to the 
 Canadians, the extent of their rights and the excellence of their con- 
 ttitution, with a view of engaging them to love and defend it. 
 Without being very uncharitable, we must be pernutted to say that 
 we have, in common, with the greater part of the community, who 
 are readers, too often been able to tracci very diffierent views from 
 those held out. Had ^all been the worst ingredient in their ink, the 
 public might have laid their account in some bitterness; but the 
 composition has too often not only been further embittered, bat its 
 
 
 ?^ 
 
>nel 
 
 ncalions of 
 ner, and in- 
 3ur towers 
 were laid. 
 
 ry : — 
 
 June, 1808. 
 
 rnor in chief, to 
 
 ty's service, to 
 
 ^'n militia. Hia 
 
 is measure, be- 
 
 )erson whom he 
 
 ors of a seditious 
 
 gh the province, 
 
 ed to vilify his 
 
 sfaction and dis- 
 
 i and animosity 
 
 I. W. R.'» 
 
 ssed, according 
 
 "Bl;P.Bedard, 
 
 J. L. Borgia, 
 
 IS explanatory of 
 le subject by the 
 
 J regret that the 
 e House of As- 
 rot that situation 
 vas at the hotel, 
 nd of which he 
 
 s to the electors 
 'hich we should 
 ? n-jre than the 
 t of the Upper 
 le ebullitions of 
 e sprightly lan- 
 
 xadi^n credit for 
 !d to say, to the 
 -e of their con- 
 and defend it. 
 tted to say that 
 mmunity, who 
 ent views from 
 n their ink, the 
 irness; but the 
 bittered, bat ita 
 
 277 
 
 The extraordinary state of affairs in Europe, chap 
 with the american non-intercourse and embargo ^^' 
 system operated favorably for the Canadian ^ao^ 
 trade, particularly in the article of lumber, 
 which, owing to the quasi exclusion of the 
 british from the Baltic, took, about this time, a 
 prodigious start, evincing at once the indepen- 
 dence of Great Britain on a foreign power, for 
 that article, and, consequently, the value of 
 her continental North American possessions, 
 taking in return for their timber, large supplies 
 of british manufactures.* 
 
 hue has been, in an uncommon degree, deepened with various ingre- 
 dients poured in from passions far from beneficent or disinterested. 
 
 << Before v/e conclude we must be allowed to remind the complain- 
 ants that during the election for the county of Quebec, a hand-bill 
 appeared, in w^hirh the government was charged with being f^Mt, 
 Those concerned in the hand-bill now, it seems, fed that they are 
 not quite under the government of king lag. 
 
 " The editors boast that the Canadien is the freest paper in the 
 province — in abuse we are ready to admit. In fact, it proves to be, 
 what we always dreaded it would be, the greatest enemy to the free- 
 dom of the press, by its licentious spirit. It no more consults what 
 is expedient to, and proper for, a Canadian press, than did th*" House 
 of Assembly, a few years past, what was suitable to a Canadian 
 House of Assembly, on the article of privilege. 
 
 " We flattered ourselves, a fortnight past, on reading the first 
 No. 32, since annihilated for its innocence, that the perturbed spirit 
 of the Canadien had been laid at rest. But we unhappily find that it 
 is one of those evil Spirits, whose period of haunting the earth, in its 
 frantic form of the demon of discord, is not yet expired. We fear 
 that it is to be doomed to a further ordeal, in order to its complete 
 purgation." 
 
 • Mr. Sewell, the attorney general was, in August of this year 
 appointed chief justice of the province, vice AUcock, deceased, and 
 Mr.Edward Bowen, a young barrister appointed in his stead, attorney 
 general, over the head of the solicitor general l\Ir. James Stuart, who 
 had given scnne oflfence to the governor, but in what manner has never 
 been publicly explained. He was soon after this dismissed from his 
 office. Mr. Bowen's appointment was superseded by that of Mr. Nor- 
 man F. Uniacke, from England, (son of the then attorney general of 
 Nova Scotia,) but his disappointment was shortly after repaired by 
 
 A a 
 
 iM' 
 
 I 
 
 m 
 
 H 
 
 
h'\ ,.' 
 
 ( 
 
 278 
 
 Chap. The new assembly, ( the fifth of Lower 
 ^Canada,) met on the 9th of April, 1809,* 
 "J^^ expectation standing on the tiptoe a while as 
 to the speakership, it being rumoured that the 
 governor having dismissed Mr. Panet from his 
 commission as lieutenant colonel in the militia, 
 owing to his connexion with ** Le Canadien,^^ 
 would not confirm him as speaker if the choice 
 of the assembly were to fall on him. He was, 
 however, almost unanimously chosen, and the 
 governor confirmed, but in rather cool terms, 
 the choice.f 
 
 promotion to the bench. The career of Mr. Stuai't, in consequence. 
 probably,of the injustice done hinni as he may have deemed it, will be 
 seen as we proceed. 
 
 • The members returned were as follows : — Quebec — County, the 
 hon. P. A. De Bonne, 4) and Ralph Gray. Upper Town, J. Black- 
 wood, (1) and C. Denechau. LowerTown, Pierre Bedard, (4) and 
 John Jones, ^tontreal — County, Louis Roy,(l) and J. B. Durocher, 
 (1). East Ward, J. M. Mondelet, (1) and James Stuart. West Ward, 
 W. McGillivray and D. B. Viger. Three Rivers— Borough, J, 
 Badeaux and E. Hart. William Henry — Borough, J. Sewell, (3). 
 Counties — Hampshire, Francis Huot, (2) and A. L. J. Duchesnay, 
 (1) ; Kent, J. Plante, (3) and J. L. Papineau, jr. ; Leinster, J, E, 
 Faribault, and Joseph Turgeon ; Dorchester, J. Caldwell, (2) and P. 
 Langlois ; Surrey, J. Cartier, (1) and P. Chagnon ; Saint Maurice, 
 M. Carron, (1) and T. Coffin, (o) ; Devon, J. B. Fortin, (1) and F. 
 Bernier, (3); Effingham, J. Meunier, andJos, Dudos; Hertford, E. 
 F. Roi, (1) and Ls. Turgeon, (1) ; Warwick, J. Cuthbert, (3) and R. 
 Cuthbert,(2) ; Huntingdon, J. A. Panet, (4)* and L. de Salaberry, (2); 
 Orleans, J. Martineau,(3) ; Richelieu, L. Bourdj(ges,(l) and H. M. 
 Delorme; Bedford,W. S. Moore ,(1 ); Buckingham, J. B. Hebert,and 
 L. Le Gendre, (1); Cornwallis, J. L. Borgia, and J. Robitaille; 
 Northumberland, J. M. Poulin, (2) and A. Carron ; York, John Mure, 
 (1) and J. J. Trestler ; Gasp6, Geo. Pyke, (2). 
 
 The figure after the name shews in how many parliaments the 
 member had served. Those withoi figures are new. Of the above, 
 14 indicate a british origin, the others french. 
 
 t The honorable the speaker of the legislative council, by com- 
 mand of his excellency, addressed Lhe speaker elect, on the occasion, 
 as follows : — 
 
 • Mr. Panet »9 previously seen 
 fo'ir proceditig parl'^mentj- 
 
 filled the speaker's chah' during the 
 
279 
 
 of Lower 
 il, 1809,* 
 a while as 
 d that the 
 5t from his 
 he militia, 
 
 the choice 
 He was, 
 and the 
 
 ool terms, 
 
 n consequence, 
 med it, will be 
 
 — County, the 
 'own, J. Black- 
 iedard, (4) and 
 r. B. Durocher, 
 •t. Westward, 
 —Borough, J. 
 J. Sewell, (3). 
 J. Duchesnay, 
 Leinster, J, E. 
 veil, (2) and P. 
 Saint Maurice, 
 ;in, (1) and F. 
 s; Hertford, E. 
 )ert, (3) and R. 
 Salaberry,(2); 
 [1) and H. M. 
 B. Hebert, and 
 J. ■Robitaille ; 
 rk, John Mure, 
 
 arliaments the 
 Of the above, 
 
 uncil, by com- 
 mlhe occasion, 
 
 chah- during the 
 
 In his speech he descanted upon the unfa- chap. 
 vorable posture of affairs with America ; the ^^• 
 revolution in Spain, and the generous assis- 1309. 
 tance afforded that country by Great Britain ; 
 the emigration of the royal family of Portugal 
 to the new world ; the victory of the british at 
 Vimeira, by which Portugal had been rescued 
 from the french ; and concluded by cautioning 
 the members of the legislature against jealou- 
 sies among themselves, or of the government, 
 which could have no other object in view than 
 the general welfare : — " I might be thought 
 insensible to that which I may, with truth, 
 assure you is a subject of the highest gratifica- 
 tion to me,were 1 to omit adverting to the pros- 
 perous and advantageous state in which this 
 colony has shown itself during the preceding 
 year. To the policy of the American govern- 
 ment which led to the measure of withholding 
 the produce of their country by a general 
 embargo, are we to a certain degree indebted 
 for having called forth, and made us acquaint- 
 ed with the resources of this: but it will 
 depend upon a perseverance in the industrious 
 pursuits which their application has occasioned 
 that the advantages derived from them shall be 
 
 " Mr. Panet,— I am commanded by his excellency to say, that 
 having filled the chair of speaker, during four successive parliaments, 
 it is not on the score of insufficiency that he would admit of excuse on 
 your part, or form objections on his. 
 
 " His excellency has no reason to doubt the discrei ion and modera- 
 tion of the present house of assembly, and as he is at all times desirous 
 of meeting their wishes, so he would be particularly unwilling not to 
 
 
 do so, on an occasion, in which they are themselves principally inte- 
 
 ore allow and confirm you to be their speaker." 
 
 rested ; fie does thereibn 
 
 If! 
 
 ! .1 
 
 ^1i, 
 
 I 
 
 1:1 
 
 liir 
 
i' 
 
 i> 
 
 ■I 
 
 
 ml' 
 
 280 
 
 Chap, permanent, and continue a source of wealth 
 J^ and of importance to the colony. — You, gen- 
 'J^^ tlemen, who are collected from all parts of the 
 province, must be sensible of its flourishing 
 situation, and of the happiness enjoyed by a 
 people unrestrained by any controul but that 
 of the laws ; which, enacted by their own 
 representatives, can solely be directed to their 
 benefit and the advancement of their prosperity. 
 These blessings will be unalterably insured by 
 the diff'usion of a spirit of harmony and con- 
 cord, the cultivation of which is more espe- 
 cially called for, from those who have the 
 happiness of the people at heart, from the 
 peculiar circumstances of the different parts of 
 which they are composed. — If any thing can 
 intervene to blast the prospect before us, it can 
 only be the admission of causeless jealousies 
 and suspicions amongst yourselves, or of jea- 
 lousies and suspicions, still more unfounded, 
 and assuredly most unmerited, towards that 
 government under the protecting and fostering 
 care of which you have attained to your 
 present felicity. 
 
 " I regret, gentlemen," — continued he — 
 " that I have been compelled from circum- 
 stances, to call you together at a season 
 of the year, which I am well aware, must be 
 highly inconvenient to many of you ; this con- 
 sideration dwelt so strongly upon my mind that 
 not seeing any particular object of public ser- 
 vice that indispensably required your immedi- 
 ate attention, I had it in contemplation to defer 
 
I of wealth 
 You, gen- 
 Darts of the 
 
 flourishing 
 oyed by a 
 111 but that 
 
 their own 
 ted to their 
 prosperity. 
 
 insured by 
 T and con- 
 more espe- 
 I have the 
 t, from the 
 ent parts of 
 y thing can 
 •e us, it can 
 
 jealousies 
 I, or of jea- 
 unfounded, 
 wards that 
 ad fostering 
 d to your 
 
 inued he — 
 )m circum- 
 : a season 
 e, must be 
 ; this con- 
 ly mind that 
 public ser- 
 ur immedi- 
 ion to defer 
 
 281 
 
 your meeting till a period of less prejudicial chap 
 consequence to your private accommodation ; ^^ 
 but, on referring to the act of the british par- jgoj,. 
 liament on which the constitution of this pro- 
 vince is founded, I felt reason of hesitatien, at 
 least as to the grounds on which I supposed 
 myself able to do so ; I have, therefore, been 
 induced to rely on your cheerful acquiescence 
 in the inconvenience under which you may 
 labour, rather than give rise to a possible 
 doubt as to my mtention of infringing on a 
 right so valuable to you as that of your annual 
 assembly. And this I have done under the 
 circumstance of being precluded from giving 
 quite that notice which has been, in some 
 degree, sanctioned by custom ; and which, 
 although, not called for bj any express law, is, 
 neverthelefs, a precaution for the preservation 
 of that mutual confidence which is so desirable, 
 by guarding against the possibility of any sus- 
 picion, as to the intention or circumstances 
 under which you may be assembled."* 
 
 The house, after the address in answer to 
 his excellency's speech, into which it was 
 endeavoured to introduce an indirect reproof 
 for the hints which had fallen from him, resum- 
 ed with warmth, the matter concerning the 
 eligibility of the judges, and the propriety of 
 allowing them to sit in the assembly. — The 
 return of Mr. Hart, also was taken into consi- 
 
 ■"• ;*'•■•* 
 
 • The proclamation convoking the legislature was dated 14th 
 March, giving consequently only 26 days notice of the time of meet- 
 ing, for which the ahove was an apology. 
 
 Ka 2 
 
 ! 
 
 
 II 
 
 ■J in 
 
 
 i 
 
 HH 
 
 m 
 
b 
 
 HI' 
 
 m Ml 
 
 J, 
 
 i 
 
 'ji 
 
 ti 
 
 282 
 
 Chap, deration, that gentleman, as mentioned, having 
 ,^,^^been reelected by the citizens of Three Rivers. 
 1809. — The more determined members were for 
 expelling the Judges by resolution, but a mo- 
 tion for their expulsion in this mode, was 
 negatived by a considerable majority, part of 
 whom, though disposed to disqualify those 
 officers, were averse to the means proposed, 
 insisting that nothing less than an act of the 
 legislature could operate such disqualification. 
 This effort having failed, a committee was 
 appointed to enquire into, and report to the 
 house, the inconvenience, resulting from the 
 election of judges to sit in the house of assem- 
 bly ; and, in the mean time, a disqualifying bill 
 was introduced and read for the first time. 
 The enquiry was carried on with perseverance, 
 and proved in no wise, as indeed might be 
 expected from an ex parte inquiry by political 
 adversaries, to the advantage of the individual 
 concerned. The exclusion of Mr. Hart, was 
 more closely prosecuted. The house renewed 
 the resolution which had been taken against 
 his admittance to sit and vote in the last session 
 of the preceding parliament ; and a bill to dis- 
 qualify Jews from being eligible to a seat in 
 the house of assembly was introduced, and 
 underwent two readings.* The lapse of five 
 
 • This most arbitrary and absurd measure weis subsequently obli- 
 terated by an act, (Will. FV., ch. 57,) of the legislature of Lower 
 Canada, tantamount to the amende honorable, declaring all persons 
 professing the Jewish religion, being natural born british subjects, 
 residing in this Province, entitled to the full rights and privileges oi 
 other subjects of his Majesty. Mr. Hart, who died in 1843, lived 
 long enough to see this act of legislative justice done to those of his 
 
283 
 
 ( I'i 
 
 led, having 
 ree Rivers, 
 were for 
 but a mo- 
 node, was 
 ty, part of 
 alify those 
 proposed, 
 act of the 
 salification, 
 mittee was 
 :)ort to the 
 from the 
 of assem- 
 alifying bill 
 first time, 
 rseverance, 
 d might be 
 by political 
 3 individual 
 Hart, was 
 se renewed 
 [en against 
 last session 
 bill to dis- 
 a seat in 
 luced, and 
 pse of five 
 
 bsequently obli- 
 ature of Lower 
 ing all persons 
 british subjects, 
 nd privileges oi" 
 I in 1843, lived 
 ' to those of his 
 
 weeks in the prosecution of these measures chap 
 e.^hausted the patience of the governor, whose *' 
 military education and habits may, on this^^ 
 occasion, have influenced him. The perseve- 
 rance of a deliberative body in a favorite, 
 but unconstitutional measure, appeared to him 
 no better probably than the refractory spirit of 
 an undisciplined corps of recruits, and he 
 seemed determined to ^.rush it. 
 
 On the 15th of May, he went down in state 
 from the casde, to the legislative council, 
 where, having summoned into his presence, 
 the assembly, after giving the royal assent to 
 such bills as were ready, (five in number) jie 
 informed them of his intention of dissolving 
 the present parliament, and of recurring to the 
 sense of the people. " When 1 met you," — 
 said he, — " at the commencement of the pre- 
 sent session, I had no reason to doubt your 
 moderation or your prudence, and I therefore 
 willingly relied upon both : — under the guid- 
 ance of these principles I expected from you a 
 manly sacrifice of all personal animosities, and 
 individual dissatisfaction — a watchful solicitude 
 for the concerns of your country, and a steady 
 perseverance in the executing of your public 
 duty, with zeal and dispatch. — I looked for 
 earnest endeavours to promote the general 
 harmony of the province, and a careful absti- 
 
 religious faith, some of the same individuals concurring in the mea- 
 sure who had before disqualified him, most absurdl)^ for it — This is 
 progress from bigotry and intolerance to at least justice, not to say 
 liberality, for there was no liberality in yielding to a british born 
 subject and in a british colony, his birthright. _ y 
 
 ' ir 
 
 11 1 
 
 <'. 
 
 !. 
 
 ■m 
 
 i"i' 
 
 i. 
 
 iifl 
 
 n 
 
 
 M 
 
 n 
 
284 
 
 Chap, nence from whatsoever might have a tendency 
 ^' to disturb it ;— for due, and, therefore, indis- 
 
 i 
 
 i 1 
 
 J^pensable attention to the other b- nches of the 
 legislature, and for prompt ^ cheerful co- 
 operation and assistance in whatever might 
 conduce to the happiness and welfare of the 
 colony. All this I had a right to expect, 
 because such was your constitutional duty ; — 
 because such a conduct would have been a 
 lasting testimony, as it was the only one sought 
 for by his Majesty's government, of that loyalty 
 and affection which you have so warmly pro- 
 fessed, and which I believe you to possess ; — 
 and because it was particularly called for by 
 the critical juncture of the times, and espe- 
 cially by the precarious situation in which we 
 then stood with respect to the American 
 States. I am sorry to add, that I have been 
 disappointed in all these expectations, and in 
 every hope on which I relied. 
 
 " You have wasted," — continued he, — " in 
 fruitless debates, excited by private and perso- 
 nal animosity, or by frivolous contests upon 
 trivial matters of form, that time and those 
 talents, to which, within your walls, the public 
 have an exclusive title. This abuse of your 
 functions you have preferred to the high and 
 and important duties which you owe to your 
 sovereign and to your constituents ; and you 
 have, thereby, been forced to neglect the con- 
 fcideration of matters of moment and necessity 
 which were before you, while you have, at the 
 same time, virtually prevented the introduction 
 
tendency 
 fore, indis- 
 ches of the 
 heerful co- 
 
 ever might 
 fare of the 
 
 to expect, 
 nal duty ;— 
 ave been a 
 one sought 
 that loyalty 
 v^armly pro- 
 possess ; — 
 lUed for by 
 
 and espe- 
 1 which we 
 
 American 
 
 have been 
 
 ons, and in 
 
 id he,—" in 
 and perso- 
 ntests upon 
 and those 
 , the public 
 se of your 
 e high and 
 we to your 
 ; and you 
 ct the con- 
 d necessity 
 iave, at the 
 Production 
 
 285 
 
 of such others as may have been in contempla- chap. 
 tion. — If any proof of this misuse of your time ^^• 
 were necessary, I have just presented it, in i^ui*. 
 having been called on, after a session of five 
 weeks, to exercise his Majesty's prerogative of 
 assent, to only the same number of bills, three 
 of which were the mere renewal of acts to 
 which you stood pledged, and which required 
 no discussion. So much of intemperate heat 
 has been manifested, in all your proceedings, 
 and you have shewn such a prolonged and 
 disrespectful attention to matters submitted lo 
 your consideration, by the other branches of 
 the legislature, that whatever might be the 
 moderation and forbearance exercised on their 
 parts, a general good understanding is scarcely 
 to be looked for without a new assemb' ^ 
 
 " I shall not," — he added, — " particularly 
 advert to other acts which appear to be uncon- 
 stitutional infringements of the rights of the 
 subject, repugnant to the very letter of the 
 imperial parliament, under which you hold your 
 seats : — and to have been matured by proceed- 
 ings, which amount to a dereliction of the first 
 principles of natural justice ; and I shall abstain 
 from any further enumeration of the causes 
 by which I have been induced to adopt the 
 determination, which I have taken, because, 
 the part of your conduct, to which I have 
 already referred, is obviously and in a high 
 degree, detrimental to the best interests of the 
 country, such, as my duty to the crown forbids 
 me to countenance, and as compels me to have 
 
 . 'I 
 
 ! 1 1 i 
 
 W 
 
 !i! 
 
 J: 
 
( I. 
 
 • I 
 
 
 286 
 
 ('Imp. recourse to a dissolution, as the only constitu- 
 v^-w ^^^^^^ means by which its recurrence may be 
 IS09. prevented. 
 
 " Gentlemen of the legislative council, and 
 gentlemen of the house of assembly, — " I shall 
 give the necessary orders for calling the new 
 provincial (niriiament, as soon as convenience 
 will permit ; and having no other object, and 
 confident that no other will be attributed to me, 
 but to preserve the true principles of the free 
 and happy constitution of the province, and to 
 employ the power entrusted to me by his Ma- 
 jesty, to the only end for which I have received 
 • it, the good of his subjects, I have an entire 
 confidence in the electors, to whom I shall 
 recur ; tr'^sting that by the choice of proper 
 representatives, further mischiefs may be obvi- 
 ated, and the important interests of the colony, 
 considered in the next session, with less inter- 
 ruption, and happier effect. 
 
 " I will not conceal from you, that it has 
 been very much with the view to obviate mis- 
 representation, if possible, and to enable the 
 people to judge of the grounds, which have 
 been afforded me, for the conduct I have 
 adopted, that I have entered into any detail upon 
 this subject ; the task has been painful to me in 
 the extreme, and I turn from it with peculiar 
 satisfaction, to offer to you, gentlemen of the 
 legislative council, the acknowledgments that 
 are due to you, for that unanimity, zeal and 
 unremitting attention, which you have shewn 
 in your proceedings. It rests not with you that 
 
 lit!: " 
 
 I 
 
\y constitu- 
 ce may be 
 
 )iincil, and 
 
 -" I shall 
 ig the new 
 jnvenience 
 bject, and 
 uled tome, 
 )f the free 
 ice, and to 
 by his Ma- 
 ^e received 
 ) an entire 
 am I shall 
 
 of proper 
 ly be obvi- 
 the colony, 
 
 less inter- 
 hat it has 
 bviate mis- 
 enable the 
 hich have 
 let I have 
 detail upon 
 'ul to me in 
 th peculiar 
 men of the 
 nents that 
 
 zeal and 
 ive shewn 
 th you that 
 
 287 
 
 so little has been accomplished for the public t hap. 
 good. To a considerable portion of the house •^'• 
 of assembly, my thanks are equally thm. 1 trust T^j^ 
 they will believe, that I do them the justice of 
 a proper discrimination, in the sense I enter- 
 tain of their efforts, to avert that conduct of 
 which I have so much reason to complain. By 
 this, gentlemen, you have truly manifested your 
 affection to his Majesty's government, and your 
 just estimation of the real and permanent inter- 
 ests of the province." 
 
 This unique speech surprised the menibei-s, 
 who, at the utmost, anticipated no more than a 
 prorogation; but, a dissolution attended with 
 such pointed censure, rather in the language of 
 a master than in that of representative of a con- 
 stitutional king, far exceeded their expectation, 
 and they returned to their constituents covered 
 with the opprobium of having incurred the 
 governor's displeasure; a matter of no little 
 moment in the eyes of the multitude, as yet 
 unaccustoiTied to the freedom of the constitu- 
 tion. The country people who were at first 
 disposed to think favourably of the recent mea- 
 sures of the executive, gradually, however, 
 veered round, and were finally persuaded that 
 the house of assembly had been dissolved for 
 having espoused their interests, in opposition 
 to the encroachments of the crown upon the 
 public rights. The press was put into violent 
 action, and the Canadicn teemed with severe 
 and abusive commentaries on the speech. The 
 preamble of the bill of rights, in allusion to the 
 
 
 I 
 
 I 
 
W^ii It 
 
 4 
 
 W i i J' 
 
 ^ V. 
 
 1 ,'4 
 
 ' ' ! 
 
 288 
 
 Chap, governor's measures with respect to the assem- 
 ^^- bly, and as applicable to the existing circum- 
 
 TsoT stances of the province, v^^as inserted as a motto 
 at the head of that paper, now more than 
 ever industriously circulated in all quarters. 
 In the middle of June, the governor left 
 Quebec on a tour through the province, attend- 
 ed by a numerous suite, and travelled in 
 great state. The principal citizens of Three 
 Rivc^s, Montreal, Saint John's, and William 
 Henry, successively received him with ad- 
 dresses of applause and thanks, for the inter- 
 position of the royal prerogative in dissolving 
 the house of assembly. These addresses being 
 inserted in the public prints, were criticised in 
 the Canadien, with much asperity. On his 
 return to Quebec, a congratulatory address, 
 numerously signed by the citizens, was pre- 
 sented to him, approving also of his "judicious 
 and firm administration," at which he expressed, 
 in a particular manner, his satisfaction, as 
 coming from those '' whose situations" — he 
 said — " afforded them the more immediate 
 opportunity of judging of the motives by which 
 he might be actuated on particular occasions." 
 The following from " The Quebec Mercury" 
 of Monday, 6th November, 1809, announcing 
 the first steamer that made its appearance on 
 the waters of the St. Lawrence, may now be 
 read with interest as a curiosity. It was the 
 commencement of an era, in the navigation of 
 those inland waters and of the lakes, the pro- 
 gress whereof has exceeded any thing that 
 
) the assem- 
 ng circum- 
 d as a motto 
 
 more than 
 11 quarters. 
 3vernor left 
 nee, attend- 
 travelled in 
 of Three 
 nd William 
 m with ad- 
 or the inter- 
 1 dissolving 
 resses being 
 criticised in 
 y. On his 
 )ry address, 
 is, was pre- 
 ; "judicious 
 e expressed, 
 isfaction, as 
 lations" — he 
 ! immediate 
 es by which 
 ' occasions." 
 3c Mercury" 
 
 announcing 
 pearance on 
 iiay now be 
 
 It was the 
 Qavigation of 
 kes, the pro- 
 y thing that 
 
 289 
 
 the most sanguine could have expected at the chaj 
 outset : — ' ; XI. 
 
 Zip 
 
 «< On Saturday morning, at 8 o'clock, arrived here, from igyt, 
 Montreal, being her first trip, the steamboat Accommoda- 
 tion, with ten passengers. This is the first vessel of the 
 kind that ever appeared in this harbour. She is continually 
 crowded with visitants. 8he left Montreal on Wednesday, 
 at two o'clock, so that her passage was sixly-six hours ; 
 thiity of which she was at anchor. She arrived at Three 
 Rivers in twenty-four hours. She has, at present, births 
 for twenty passengers ; which, next year, will be consider- 
 ably augmented. — No wind or tide can stop her. i^he has 
 75 feet keel, and 85 feet on deck. The price for a passage 
 up is nine dollars, and eight down, the vessel supplying pro- 
 visions. The great advantage attending a vessel so con- 
 structed is, that a passage may be calculated on to a degree 
 of certainty, in point of time; which cannot be the case 
 with any vessel propelled by sail, only. The steamboat 
 receives her impulse from an open double-spoked, perpen- 
 dicular wheel, on each side, without any circular band or 
 rim. To the end of each double spoke is fixed a square 
 board, which enters the water, and by the rotatory motion 
 of the wheel acts like a paddle. The wheels are put and 
 kept in motion by steam, operating within the vessel. A 
 mast is to be fixed in her, for the purpose of using a sail 
 when the wind is favorable, which will occasionally accele- 
 rate her head way. 
 
 This vessel was built at the expense of, and 
 belonged to the late honorable John Molson, of 
 Montreal, to whose p':iblic spirit and enter- 
 prise the province is indebted for the first 
 establishment of steamers on the St. Lawrence 
 and lakes, the improvements in which from 
 this the first humble essay, to their present 
 wonderful state of perfection, truly are admi- 
 rable, although probably yet only in their 
 infancy, and still susceptible of vastly greater 
 extension. 
 
 Bb 
 
 '4 
 
 '! I!! 
 
 ^^1 
 
 il 
 
 
 Ml 
 
 m 
 
s 
 
 r, 
 
 > >' 
 
 Chap, 
 XL 
 
 1809. 
 
 290 
 
 The arrivals from sea at the port of 
 Quebec, this season, as reported by the 
 returns of the harbour master, were 440, 
 but the tonnage is not stated.* The revenues 
 of the previous year (1808) were stated at 
 i^40,608, currency, and the civil expen- 
 diture at £41.251, sterling. The salaries of 
 the officers of the legislature amounted to 
 ;C3,077, currency, including contingencies. — 
 The governor in chief's salary was stated in 
 the public accounts at £4,500, sterling, and 
 that of the lieutenant governor (absent since 
 1805) £1,500, making together £6,000. . 
 
 It appears by the public accounts of the year, 
 that Sir Robert Shore Milnes, had ceased to 
 be lieutenant governor on the 28th of Novem- 
 ber, 1808, the honorable Sir Francis Natha- 
 niel Burton (brother of the Marquis of Conyng- 
 ham) succeeding him and receiving in his 
 stead the salary of .£1,500, sterling, from this 
 period, for the tenure of that office (a sinecure) 
 until, upon the remonstrance of the assembly, 
 he came to the province in 1822, the govern- 
 ment of which he administered for a short 
 time, as will be seen. 
 
 ♦ According to an official n^turn laid before the assembly. Ilio 
 rmmber of vessels cleared during 1808, was 334 — tons 66,373 — ditto 
 of new shipping 3,902. 
 
 
 .f I 
 
 .' ■ '<■. 1 
 
 
 .::'-0 jf i-:'. .••■■; :■ ' 
 
 »■■.,.' 
 
 I , f 
 
 ■• J " 
 
 ,...•'* 
 
 lIvV. : a-: ,^'r^u^i 
 
 11 
 
e port of 
 3(1 by the 
 ^vere 440, 
 e revenues 
 } stated at 
 ^il expen- 
 salaries of 
 lounted to 
 igencies. — 
 ! stated in 
 erling, and 
 bsent since 
 ,000. 
 
 of the year, 
 1 ceased to 
 of Novem- 
 ncis Natha- 
 of Conyng- 
 
 no; in his 
 g, from this 
 
 a sinecure) 
 e assenably, 
 
 the govern- 
 for a short 
 
 le assembly, llio 
 ons 66,373 — ditto 
 
 291 
 
 f . 
 
 "■-,,* I 
 
 
 CHAPTER XII. 
 
 Elections — parliament called together — Mr. Panet again 
 speaker — topics of the speech— surmises thereupon — 
 resolution of the assembly touching the speech at the 
 late prorogation — address in answer— address to his Ma- 
 jesty in congratulation on his reaching the 50th year of 
 his reign— expedience of providing for the civil expendi- 
 ture considered — resolutions on the subject — address 
 thereupon to the king, lords and commons — the governor's 
 remarks upon them— assembly addret^s his excellency for 
 an estimate for the year — promises compliance — expedi- 
 ence of an agent for the province in England considered 
 —bill for rendering the judges ineligible to the assembly 
 passed — amended in the legislative council and sent back 
 to the assembly — the bill laid aside — resolution for vacat- 
 ing the seat of P. A. De Bonne (judge) — prorogation and 
 speech of tlie governor— expresses his sense of the pro- 
 ceedings of the assembly and his determination to dissolve 
 — addresses to his excellency— rumours — revenues of 
 IS 10 — expenses of the same year— arrivals at Quebec 
 this and the previous year and ships built— revenue and 
 expenses of 1809. 
 
 The elections did not take place till Octo- ^^^^^ 
 ber, and the people having had time to reflect xir. 
 upon affairs, re-elected, contrary to the expec- ^j^ 
 tation of the executive, most of the late repre- 
 sentatives ; removing some who v;^ere supposed 
 to have wavered, and substituting others of a 
 less flexible temper in their stead. 
 
 The new assembly met on the 29th January.* 
 
 * The following are the names of members chosen at the late 
 elections ; — 
 
 County of Quebec— Hon P. A. De Bonne and Ralph Gray ; Upper 
 
 w 
 
 .'1 
 
 I' ill 
 
 SJ 
 
292 
 
 iPSf 
 
 
 ''hap. 
 XU. 
 
 1810. 
 
 \ 
 
 The speaker of the last assembly, (Mr. Panet) 
 being re-elected, was again confirmed by the 
 governor, in rather more gracious terms than 
 on the previous occasion. In his speech he 
 adverted to the unfavorable disposition of 
 America towards Great Britain : — 
 
 " With respect to our relations with the americati govern- 
 ment, lam coi cerned to state to you, that, far from that 
 amicable settlement of the existing differences between us, 
 to which the arrano;ement that had been rgreed on by his 
 Majesty's minister lead us to look forward, the circum- 
 stances that have since occurred, seem rather to have 
 widened the breach, and to have removed that desirable 
 event to a period scarcely to be forseen by human sagacity. 
 The extraordinary cavils that have been made with a 
 succeeding minister ; the eager research to discover an 
 insult, which defies the detection of all other penetration ; 
 the consequent rejection of further communication v^ith 
 that minister, and indeed every step of an intercourse, the 
 i)arliculars of which are known by authentic documenls, 
 evince so little of a conciliatory disposition, and so much 
 
 Town of Quebec, J. BlackAvood and C. Den^cliau ; Lower Town of 
 Quebec, Pierre Bedard and John Jones; County of Montreal, Louis 
 Roy and J. B. Durocher ; East Ward of l^^ontreal, Joseph Papineau 
 and James Stuart ; West Ward of Montreal, P. B. Viger. and Thos. 
 MeCord; County of Saint Maurice, M. Carron and Louis Gugy ; 
 Borough of Three Rivers, M. Bell and J. Badeaux ; Borough of 
 William Henry, Edward Bowen ; County of Northumberland, Josepli 
 Drapeau and Thomas Lee ; County of Hampshire, Francis Huot and 
 A. L. J . Duchesnay ; County of Warwick, j. Cuthbert and Ross 
 Cuthbert ; County of Leinster, Bonavcnture Panet and T.Taschereau ; 
 County of Surrey, Pierre Bedard and Jos. Beauchamp ; County of 
 Orleans, J. Martineau ; County of Devon, J. B. Fortin andF. Bernier; 
 County of Hertford, F. Roi and Francois TJlanchet ; Couii*} of Riche- 
 lieu, L. Bourdages and Hyacinthe Delorme ; County of Buckingham, 
 F. Le Gendre and J. Bte. Hebert ; County of Cornwallis, J. L 
 Borgia and J. Robitaille; County of Kent, L. J. Papineau and P. D. 
 Debartzch ; County of York , John Mure and Pierre St. Jiilien ; 
 County of Huntingdon, J. A. Panet and Stephen Sewell ; County of 
 Bedford, Jr'm. Tones: County of Dorchester, Pierre Langlois and T. 
 Taschereau ; County of Effingham, J. Meunier and Jos. Duclos; 
 County of Gasp6, G. Pyke. Of the above, 13 were persons oi 
 british, the others of french origin. 
 
i . 
 
 I 
 
 VIr. Panel) 
 led by the 
 terms than 
 speech he 
 Dosition of 
 
 ?rican govern- 
 far from that 
 
 between us, 
 eed on by liis 
 
 the circiim- 
 ither to have 
 tliat desirable 
 man sagacity, 
 made with a 
 I discover an 
 T penetration ; 
 inication with 
 itercourse, the 
 ic documenip, 
 , and so much 
 
 Lower Town of 
 Montreal, Louis 
 Joseph Papineau 
 V^iger. and Thos. 
 nd Louis Gugy; 
 ax; Borough of 
 riberland, Joseph 
 Francis Huot and 
 thbert and Ross 
 id T.Taschereau ; 
 amp ; County of 
 1 and F. Bernier ; 
 Doun'} of Riche- 
 ' of Bufkingham, 
 ornwallis, J. L 
 apineau and P. I), 
 ierre St. Julien; 
 ?\vell ; County of 
 ; Langlois and T. 
 and Jos. Duclos ; 
 were persons of 
 
 293 
 
 of a disinclination, to meet the honorable advances (^-^^p 
 made by his Majesty's government, while these have XIL 
 been further manifested in such terms, and by suchv-*-v-^ 
 conduct, that the continuance of peace between us 1810. 
 seems now to depend less on the high sounded resent- 
 ment of America, than on the moderation with which his 
 Majesty may be disposed to view the treatment he has 
 met with. 
 
 " In laying before you the picture of our actual situation, 
 I am confident I do not deceive myself, when I feel it to be 
 unnecessary to urge you to be prepared for every event that 
 may arise from it. In the great points of our security and 
 defence, I persuade myself, one heart and one mind, will 
 actuate all. On his Majesty's part, should hostilities ensue, 
 1 feel warranted in assuring you of the necessary support of 
 regular troops, in the confident expectation of a cheerful 
 exertion of the interior force of the country ; and thus united, 
 I trust we shall be found equal to any attack that can be 
 made on us. Animated by every motive that can excite 
 them to resistance, our militia will not be unmindful of the 
 courage they have displayed in former days, and the bravery 
 of his Majesty's arms has never been called in question." 
 
 He congratulated the legislature on the cap- 
 ture of Martinique, and the battle of Talavera, 
 which had torn from the French that character 
 of invincibility they imagined themselves to 
 have possessed in the opinion of the world. 
 He recommended a renewal of such acts as 
 might enable the executive government more 
 effectually to discharge its duty, in guarding 
 against dangers which could scarcely be 
 remedied by the common course of law. He 
 called their attention to the practice of forging 
 foreign bank bills, which, from the want of a 
 remedy in the present code of penal laws, had 
 of late, grown to a very dangerous extent, to 
 the prejudice of the neighbouring states ot 
 
 
 -n! 
 
 m 
 
 B 
 
 b 2 
 
294 
 
 Ch 
 
 •i> l,\ 
 
 I^IU. 
 
 ^If- America, as well as to our own subjects. Witl< 
 respect to the matter which had led to the 
 dissolution of the preceding assembly, he 
 observed : — 
 
 " During the two last eessions, the question of ihe expe- 
 diency of the exclusion of bis Majesty's judges of the court 
 of King's bench from a seat in the house of representatives, 
 has been much agitated. This question rests on the desire 
 of precluding the possibility of the existence of a bias on the 
 minds of persons exercising the judicial functions in those 
 courts, from their being under the necessity of soliciting the 
 votes of individuals, on whose persons, or on whose pro- 
 perty they may afterwards have to decide. 
 
 *' Whatever might be my opinion on this subject, I never- 
 theless hold the right of choice in the people, and that of 
 being chosen by them, in too high estimation, to have taken 
 upon myself, had the question ever come before me, the 
 responsibility of giving his Majesty's assent to the putting 
 limits to either, by the exclusion of any class of his sub- 
 jects; and they are rights of which it is impossible to sup- 
 ))ns8 ihey could be deprived by any other authority than that 
 of the concurrence of the three branches of the legislature. 
 
 *• That the channel in which flows the current of justice 
 should be pure, and free from every the slightest contamina- 
 tion, is too ess3ntial to the happiness of the people not to 
 be interesting to a government which has solely that object 
 in view: and it is perhaps little less necessary to that happi- 
 ness, that there should exist in the minds of the public a 
 doubt on the subject. 
 
 " In this latter view, I have thought that the early dis- 
 posal of the question may be of utility, and therefore, in 
 recommending the subject to your consideration, I have 
 to add, that having received his Majesty's pleasure upon it, 
 I shall feel myself warranted in giving his Majesty's royal 
 assent to any proper bill for rendering his Majesty's judges 
 of the courts of king's bench, in future, ineligible to a seat 
 in the house of assembly, in which the two houses may 
 
 concur 
 
 ?j 
 
 This speech was misinterpreted into an 
 
295 
 
 ects. With 
 led to the 
 >embly, he 
 
 of ihe expe- 
 8 of the court 
 presentatives, 
 on the desire 
 a bias on the 
 tions in those 
 soliciting the 
 1 whose pro- 
 ject, I never- 
 and that oi 
 to have taken 
 3fore me, the 
 ) the putting 
 5S of his sub- 
 ssible to sup- 
 )rity thnn that 
 le legislature. 
 ent of justice 
 st contamina- 
 eople not to 
 y that object 
 Lo that happi- 
 the public a 
 
 18 early dis- 
 therefore, in 
 tion, I have 
 isure upon it. 
 ijesf.y's royal 
 iesty's judges 
 ible to a seat 
 houses may 
 
 1 into an 
 
 avowal of precipilancy, in dissolving the last chap. 
 parliament, and it was currently reported, ^" 
 that the governor had incurred the displeasure^^ 
 of ministers, by the exercise of the royal pre- 
 rogative, in dissolving the late assembly. The 
 first measure of the house was to pass a reso- 
 lution — " that every attempt of the executive 
 government and of the other branches of the 
 legislature against this house, whether in dic- 
 tating or censuring its proceedings, or in 
 approving the conduct of one part of its mem- 
 bers, and disapproving the conduct of the 
 others, is a violation of the statute by which 
 this house is constituted ; a breach of the 
 privileges of this house against which it cannot 
 forbear objecting ; and a dangerous attack upon 
 the rights and liberties of his Majesty's subjects 
 in this province." — Yeas 24, nays 11. 
 
 The address responded in loyalty to the 
 speech : — 
 
 " Your Excellency may rest assured, that in laying befo-e 
 us, the picture of our actual situation, it is unnecessary to 
 urge us to prepare for every event that may arise from it. 
 In the great point of our security and defence, your Excel- 
 lency may be persuaded, that one heart and one mind will 
 actuate all, and with the assurance of the necessary support 
 of regular troops, united with the cheerful exertion of the 
 interior force of the country, we trust that we shall be found 
 equal to any attack that can be made on us. 
 
 " The sentiments of attachment manifested by the inhabi- 
 tants of this province for their happy constitution, whicii 
 insures to them the free exercise of their rights and liberties, 
 naturally commands their gratitude and fidelity to a Sove- 
 reign and nation whence the inestimable blessintr is derived. 
 Animated by those and every other motive that can excite 
 resistance, the militia of Canada will not be unmindful of 
 
 • a 
 
 I ;ir:;!! 
 
 ' </l| 
 
 
 ■m 
 
 
 n 
 
 m 
 
I^i 
 
 •'',•: 
 
 
 la J 
 
 ^11 
 
 
 1810. 
 
 29C 
 
 Chai) ^^''*'* <'ourage vvliich tliey have displayed in former days, afid 
 xil, will emulate the bravery of his Majesty's army vvhicli has 
 v^-v-w never been called in question." 
 
 Immediately after the delivery of the speech, 
 it was *' resolved, 7iem. con., that a committee 
 of seven members be appointed to prepare and 
 report, with all convenient speed, the draft of 
 a loyal, dutiful and humble address, to our most 
 gracious sovereign, congratulating his Majesty 
 on the happy event of having entered upon the 
 fiftieth year of his reign ; and assuring him, 
 that none of his faithful subjects are more 
 grateful to divine providence, than the com- 
 mons of Lower Canada, for the blessings 
 conferred on them by the preservation of a life 
 so valuable, or more sincere in their prayers 
 for a lona; continuance thereof." 
 
 Pursuant to this, an address to his Majesty 
 was drawn up, in the following terms : — 
 
 "We, your Majesty's dutiful and loyal subjects, the 
 representatives of the commons of Lower Canada, most 
 humbly beg leave, on the opening of this session of our 
 provincial legislature, to offer, with profound submission, 
 at the foot of the throne, our most sincere congratulations to 
 your Majesty, on the joyful event of your having entered 
 on the fiftieth year of your reign ; a reign so glorious to your 
 Majesty, and to the british empire, diffusing happiness 
 and prosperity to your faithful people, in every part of your 
 Majesty's dominions. 
 
 "Your Majesty's dutil'iil and loyal subjects in this remote 
 colony, acknowledge with gratitude, and affectionate attach- 
 ment to your royal person and government, the paternal 
 protection which they have so liberally enjoyed, in the full 
 exercise of their civil and religious liberties under your 
 Majesty's reign, which has been further secured to them, 
 
297 
 
 nierJays, and 
 |"y which has 
 
 the speech, 
 committee 
 repare and 
 he draft of 
 to our most 
 |his Majesty 
 d upon the 
 curing him, 
 are more 
 1 the com- 
 ^ blessino;s 
 ion oi' a life 
 3ir prayers 
 
 lis Majesty 
 
 IS ; — 
 
 subjects, the 
 Canada, most 
 session of our 
 1 submission, 
 gratulations to 
 iving entered 
 lorious to your 
 "g haj)piness 
 
 part of your 
 
 in this remote 
 ionateaftacli- 
 tfie paternal 
 i, in the full 
 5 under your 
 ed to them, 
 
 by that precious gift, the excellent constitution under vvliich chap, 
 they iiave now the happines?s to live. XII. 
 
 " Deeply impressed with a due sense of these inestimable ^-^"^ 
 blessings, and of the beneficial encouragement atfordcd to ^^^^'' 
 our agriculture and commerce, whereby the prosperity, 
 population, and resources of this colony are most rapidly 
 encreasing: we glory in being an appendage of that empire 
 which so magnanimously bids defiance to the boundless 
 ambition of the common enemy of the civilized world ; and 
 contemplate, with pride and admiration, the distinguished 
 bravery of your Majesty's fleets and armies, in the arduous 
 and protracted contest, in wliioh the nation is engaged, for 
 the support of social order, religion, and legitimate power. 
 
 *' May the Almighty, by whom Kings reign, be pleased 
 to bless your Majesty, with an uninterrupted health and 
 length of days, and crown the glorious efforts of your arms 
 with the success due to a righteous cause ; and when it 
 shall finally please his Divine Wisdom to call your Majesty 
 from a terrestrial to a celestial crown, may the bright ex- 
 ample of your Majesty's virtuous reign be invariably imita- 
 ted, by your royal successors, to the latest posterity. Such, 
 may it please your Majesty, are the most humble and most 
 fervent prayers of your faithful Commons of Lower Canada." 
 
 This being presented, by address, to his 
 excellency, was forwarded through him to the 
 king : — " I shall, gentlemen," — said his excel- 
 lency, — " with great satisfaction, take the ear- 
 liest opportunity of transmitting, to be laid at 
 his Majesty's feet, your address on the happy 
 event of his entering on the fiftieth year of his 
 reign. Partaking most cordially in the senti- 
 ments of loyalty and attachment to his Majesty's 
 person and government which it contains, I 
 have to offer you my congratulations on the 
 auspicious circumstance which has given occa- 
 sion to do so." 
 
 The expediency of providing for the civil 
 
 ull 
 
 I 
 
 I" 
 
 { 
 
 .♦i^ 
 
 ' >'1 
 
 Ui 
 
 1, la 
 
 & 
 
(r'y ■■ 'I 
 
 'H 
 
 
 ik&. 
 
 
 44 ■) 
 
 
 ■i 
 
 298 
 
 ("iiiip. list, wliicli liad, tor some time previously, been 
 ^^^* a subject of discussion in the public prints, 
 1810. was taken up by the house. It was maintained 
 that the province was now capable of relieving 
 the mother country of this burthen, which the 
 majority urged, would inevitably, at no very 
 remote period, devolve upon the province 
 with accumulated weight. That to anticipate 
 the charge would, therefore, prove a saving to 
 the country. The minority opposed it with 
 some warmth. The notion of levying additional 
 revenues to the an ount of fifty thousand pounds 
 (as it was reported with a view to discredit the 
 measure,) startled the country people, who, on 
 the other hand, were instructed that the 
 house of assembly having the entire civil list 
 at their disposition, would not fail to retrench 
 several pensions and to reduce the heavier 
 salaries, and, by that means, diminish the public 
 expense. A resolution was passed by the 
 house, that the province was able to supply 
 funds for the payment of the civil list, and loyal 
 addresses were drawn up to the king, lords and 
 commons of the United Kingdom.* In these, the 
 
 • The resolutions were as foU'^/ws : — 
 
 Resolved — Tliut this province is at present able to pay all the 
 civil expenses of its ifovernrnent. 
 
 Resolved — That the house of assembly ontrht to vote, durinc; 
 this session the necessary sums for defraying the civil expenses of 
 the government of this Province. 
 
 Resolved — That this hovise will vote, in this session, the 
 necessary sums lor defraying the civil expenses of the goverinnent of 
 this province. 
 
 Mr. Bedard moved, seconded by Mr. B. Panet, to resolve, that 
 most humble addresses be voted by thvs house to his Majesty, the house 
 of lords, and house of commons ; — setting forth : — That this house 
 hath, in the present session, taken upon itself, all the.cjvH e.xpcnses 
 
 jrr; 
 to 
 hii 
 tir 
 
299 
 
 •'i- 
 
 ifji 
 
 to pay all the 
 
 house expressed a sense of the many liHourschnp. 
 the colony had experienced from the benefi-^^'- 
 cence of the mother country, by which it wasTHuT 
 
 of tlu' trovornmpnt of this provliiro : that it ontertiiins the most lively 
 jinifitudo forthi> assistanco ailonleil l»v hisMajrsty, in (Icrrayiritr Ihctn, 
 to the present tirno ; I'or his mild unci benijj:n govfiiinu'nl, and lor tho 
 happy constitution, bestowed by his Majcsly, and the parliaineiit of 
 (rreat Britain, upon this provinee ; all whieh has raised il to ^M(•h a 
 pitcli of prosperity, tliul it is now in u slate to support tlie said civil 
 expenses. 
 
 The house divided upon the above question, and the names were 
 taken as follows: 
 
 Yeas — Messieurs Beda id, Diirorher. J. L. raj)ineau, Lee, Borffia, 
 Meunier, Taschcreau. Viijer, Drapeau, B(!rnier, Saint Jnlien, He- 
 biTt, Duelos. Robitaille. lluot, Caron, C. I'anet, Ls. Koi, Blunchot, 
 Debartzch and Beauehanip. 
 
 j\';vys — Messieurs M-Cord, Bowen, Mure, Bell, D^ndchau, Jones 
 of Bedford, Blackwood, Gui^y and Koss Cuthbert, 
 
 Tlie adiiress to his Majesty pursuant to the resolutions was as 
 follows : — 
 
 *« We your Majesty's most dutiful and loyal sultjeetsthe representa- 
 tives of the comnions of Lower Canada, in assembly met, huiidjly 
 hos, leave to approach your Majesty's throne, witli hearts lull of 
 loyalty and gratitude. 
 
 " We humbly beseech your Majesty to be assured of the sentiments 
 of affection entertained by your Majesty's subjects of Lower Canada, 
 and also to be persuaded that tlie people of tlus colony, ever attached 
 to their sovereigns, will never 1)e surpassed by any others within your 
 Majesty's empire, in the sentiments of regard and atl'ection which 
 they feel for your sacred person. 
 
 " We Inmibly beg leave to express b) your Majesty, the lively grati- 
 tude winch we feel, on a recollection of all your Majesty's favours, 
 and on a view of the state of pros];erity, to which this province has 
 attained, under your Majesty's paternal govermiient, and the happy 
 constitution which has been granted to us by tiie libeiality of your 
 Majesty and of the Britisli parliament. 
 
 '• This state of prosperity is become such, as to enable us to engage 
 to pay, in the course of the present session of the legislature, the civil 
 expenditure of the proviiu'ial government, which has hitherto been 
 chiefly defrayed by your Majesty: and this effect of our prosperity is 
 the more gratifying to us, as your Majesty's people of Great Britain 
 have been so long burthened with the expenses of a war, undertaken 
 tor the protection of every part of your Majesty's vast em{)ire, 
 
 " Under these circumslances.your Majesty's subjects in this pro\ ince 
 feel themselves happy, in being now able to acquit themselves of an 
 obligation imposed upon them by duty and gratitude." 
 
 The above was carried on motion of Mr. liedard, seconded by J^lr. 
 Borgia, on a division of 1 3 to 3. '" '" " ^- 
 
 F 
 
 
300 
 
 
 ■"■n 
 
 <">>ap. now enabled to take upon itself the charge of 
 ^^ the "ivil expenditure of the government ; an 
 ibio. effect the more gratifying to them, as the people 
 of Great Britain had been so long burthcned 
 with the expenses of a war undertaken for 
 the common protection of every branch of 
 her extensive empire. The house of assembly 
 presented these addresses to the governor, 
 requesting he would be pleased to lay them 
 before his Majesty's ministers, for the purpose 
 of being submitted to the king, lords and 
 commons. 
 
 In answer to this request the governor 
 observed, that the addresses were, under such 
 peculiar circumstances of novelty, as to require 
 a considerable degree of reflection. That the 
 constitutional usage of parliament, recognised 
 by the wisdom of the house of commons, of 
 the United Kingdom, forbade all steps on the 
 part of the people towards grants of money 
 which were not recommended by the crown, 
 and although by the sane parliamentary usage 
 all grants do originate in the lower house, yet 
 that they were inelfectual without the concur- 
 rence of the upper house : that no precedent 
 existed to his knowledge of addresses to 
 the house of lords, or house of commons, sepa- 
 rately by a single branch of the colonial legis- 
 lature : that for these reasons, he conceived 
 the addresses to be unprecedented, imperfect 
 in form, and founded upon a resolution of the 
 house of assembly, which, until sanctioned by 
 the concurrence of the legislative council, must 
 
 ui%? 
 
301 
 
 ' 
 
 e charge of 
 nment ; an 
 the people 
 burthcned 
 ertaken for 
 branch of 
 of assembly 
 ; governor, 
 o lay them 
 he purpose 
 lords and 
 
 ■^ governor 
 
 under such 
 
 IS to require 
 
 That the 
 
 recognised 
 )mmons, of 
 steps on the 
 3 of money 
 
 the crown, 
 intary usage 
 
 house, yet 
 the concur- 
 3 precedent 
 ddresses to 
 mons, sepa- 
 >lonial legis- 
 j conceived 
 d, imperfect 
 ution of the 
 nctioned by 
 ouncil, must 
 
 he inelfectual ; (except as a spontaneous olferchap. 
 on the part of the conunons of Canada) ; that ^" 
 they were consequently premature : that he'iMiT 
 regretted he could not, therefore, take upon 
 himself to transmit these addresses to his Ma- 
 jesty's ministers, impressed as he was with a 
 sense of his duty, adding also, that t!ie ministers 
 were not the regular organ of communication 
 with the house of commons, unless by his 
 J\rajesty's command ; that he could not. 
 therefore, pledge himself for the delivery of 
 these addresses were he to transmit tlicm 
 through that channel — '•' Under some of these 
 considerations, I should equally feel myself 
 bound," — he said, — " upon ordinary occasions, 
 to decline transmitting any addresses to his 
 Majesty, that might be under circumstances 
 similar to the present." But that on thisoccasion, 
 he thou2:ht it right to transmit to the kin"- this 
 testimony of the good disposition, gratitude and 
 generous intentions of his subjects in the pro- 
 vince of Lower Canada. lie said he thought 
 it right also, that his Majesty by their own act, 
 should be formally apprised of the ability, and 
 of the voluntary pledge and promise, which the^ 
 people of this province b) this address t( 
 their sovereign, and by the resolution upon 
 which it is founded, had given to his Majesty, 
 to pay the civil expenditure of the province 
 when required, and consequently without 
 repugnance, demand from them the perform- 
 ance of this solemn undertaking, whenever he 
 may in his wisdom, think it expedient so to do. 
 
 c c 
 
 \ • 
 
 ,.H 
 
 n' 
 
 i . 
 
 i;;t. 
 
M 
 
 \H. 
 
 1 fi , 
 
 Pa r ' 
 
 Nl 
 
 
 it 
 
 
 302 
 
 Chap. For these reasons he engaged to transmit their 
 
 J^ address to the king as they had requested. " I 
 
 1810. desire, however," — said he, — " that it may be 
 
 distinctly understood, that as I ought not, by 
 
 any act of mine, to compromise the rights of 
 
 his Majesty, of the imperial government, or of 
 
 the legislative council of this province, so I do 
 
 not, by this compliance with your request, 
 
 concede to the assembly of ihis province, or 
 
 admit that any step on their part, towards 
 
 grants of money, which are not recommended 
 
 by the crown, can be constitutional ; or that 
 
 any such step can be effectual, without the 
 
 concurrence of the legislative council, and the 
 
 final approbation of the king. 
 
 " The expressions of affection and of grati- 
 tude towards his Majesty and the two houses 
 of the Imperial parliament, for the favors con- 
 ferred on this province, under which it has 
 attained its present state of prosperity, which 
 you so warmly and so explicitly profess in your 
 addresses, will not pernnit a moment's doubt 
 of the sincerity of your wishes to carry into 
 complete effect the resolution which is the 
 object of them. So commendable a purpose 
 entides you to every acknowledgment ; and I 
 cannot but lament exceedingly, that any cir- 
 cumstances should exist, which, under a sens^ 
 of duty, have compelled me to express myself 
 on the subject, in a way, that may carry wilh 
 it, even an appearance, however little intended, 
 of opposing any check to the manifestation of 
 
and of srati- 
 
 303 
 
 the sentiments, under which, I pers'jade myself, chap, 
 you have acted." ^^^* 
 
 An address, in the mean time, was also^J^ 
 presented to the governor in chief, informing 
 his excellency—-" that this house has resolved 
 to vote, in the present session, the sums neces- 
 sary for paying all the civil expenses of the 
 government of this province, and to beseech 
 that his excellency will be pleased to order the 
 proper officer to lay before the house, an esti- 
 mate of the said civil expenses," — to which 
 his excellency answered, that he would give 
 directions that the desires of the house might 
 be complied with. The sudden prorogation 
 which soon after ensued prevented, however, 
 the transmission of the public accounts and the 
 estimate called for. 
 
 The answer of his * 'ellency relative to the 
 addresses to the king, lords and commons, 
 being received, " a committee of seven mem- 
 bers on motion of Mr. Bedard, was appointed to 
 search for and enquire upon the constitu- 
 tional points and parliamentary usage men- 
 tioned in the answer made by his excellency 
 the governor in chief, to the humble address 
 of this house to his excellency, presented to- 
 day, and to report with all convenient speed." 
 No report was made, the prorogation taking 
 place two days after this, preventing it. 
 
 The appointment of a colonial agent in 
 England, as mentioned before, had been con- 
 templated by the late house of assembly, and 
 the subject was again taken into consideration 
 
 ■:.1 
 
 ! x\ 
 
 i ^j 
 
 ^ 
 
 , till 
 
 : !^ ;i 
 
 ji 
 
 
 
 -' 
 
 sitS 
 
 
304 
 
 i 
 
 J > 
 
 
 i 
 
 ill 
 
 Chap, in the present session, but without effect. The 
 ^^^ advantages proposed by this measure, were, 
 a regular and direct intercourse between the 
 
 isio. 
 
 house of assembly and the imperial government 
 as well as the commons of the United Kingdom, 
 and a check upon the executive of the colony 
 by their means. A bill to this intent was intro- 
 duced, but did not arrive at maturity in the 
 assembly. 
 
 During these occurrences, a bill for render- 
 ing the judges ineligible to seats in the house 
 of assembly was introduced, and having passed 
 below, was transmitted to the upper house. 
 Here the bill was amended by the introduction 
 of a clause postponing the period at which it 
 should take effect, to the expiration of the pre- 
 sent parliament, and sent down for the concur- 
 rence of the assembly. The house, indignant 
 at the amendment, and regardless of it, passed 
 a resolution " That P. A. De Bonne, being one 
 of the judges of the court of king's bench, 
 cannot sit nor vote in this house," and declared 
 his seat, as one of the members for the county 
 of Quebec, vacant — yeas 18, nays 6.* This 
 measure again brought things to a crisis. His ex- 
 cellency, on the following day, (26th of Febru- 
 ary) went down to the council chamber, with the 
 usual solemnities, and requiring the attendance 
 
 * The members who voted on Ihe question, were: — 
 
 Yeas — Messieurs Blanchet, Bourdu^es, Bedard, L. J. rapineaii. 
 
 Taschereau, Borgia, Drapeau, Fortin, Saint Jul ieiiRobitaille, Lv^'. 
 
 Hiiot, .Veuiiier, Durocher, B. Panet, Langlois, Beauchamp, am! 
 
 IJebartzch— 18. 
 Nays— Messieurs M'Cord, Bhickwood, Mure, D^n^chau, Ro.s.s 
 
 (^uthbeit, and Gugy— G. 
 
jffect. The 
 
 ;ure, were, 
 
 jtween the 
 
 Igovernment 
 
 |d Kingdom, 
 
 the colony 
 
 It was intro- 
 
 irity in the 
 
 for render- 
 1 the house 
 ving passed 
 pper house, 
 ntroduction 
 
 at which it 
 I of the pre- 
 the concur- 
 i, indignant 
 3f it, passed 
 e, being one 
 ng's bench, 
 ind declared 
 r the county 
 s 6.* Thi*s 
 sis. His ex- 
 1 of Febru- 
 )er, with the 
 
 attendance 
 
 L. J. rapiiioau. 
 
 Kobilaille, Li v. 
 
 Jeauchamp, ain! 
 
 )^n^chau, Ros.s 
 
 305 
 
 of the assembly, he informed them, that he had r),«p. 
 come down for the purpose of proroguing the ^^• 
 parliament, and that upon a mature considera- 'J^ 
 tion of the circumstances which had taken place, 
 he had determined again to refer to the sense 
 of the people, by an immediate dissolution : — 
 
 " Wiiatever (said he) might be my personal wishes or 
 however strong might Ije my desire that the public business 
 shou'd suffer no interruption, I feel tiiat on this occasion, 
 nothing is left to my discretion. It has been rendered 
 impossible for me to act otherwise, than in the way I am 
 proposing. 
 
 " The house of assembly have taken upon themselves 
 without the participation of the other branches of the legis- 
 lature, to pass a vote, that a judge of his Majesty's court of 
 King's bench cannot sit nor vote in their house. 
 
 " However I might set aside the personal feelings which 
 would not be unnatural in me, as to the mode in which 
 this transaction has been conducted towards myself, there 
 is another and infinitely higher consideration arises out of it, 
 which I must not overlook. 
 
 : " It is impossible for me to consider what has been done 
 in any other light, than as a direct violation of an act of the 
 imperial parliament : of that parliament which conferred 
 on you the constitution to which you profess to owe your 
 present prosperity : nor can I do otherwise than consider 
 the house of assembly as having unconstitutionally disfran- 
 chised a large portion of his Majesty's subjects, and rendered 
 ineligible by an authority which they do not possess, another 
 not inconsiderable class of the community. 
 
 " Such an assumption I should at any rate feel myself 
 bound by every tie of duty to oppose ; but in consequence 
 of the expulsion of the member for the county of Quebec, a 
 vacancy in the representation of that county has been de- 
 clared, and it would be necessary that a new writ should 
 issue for the election of another member : that writ would be 
 to be signed by me. Gentlemen (said he, with warmth 
 and emphasis) I cannot, dare not render myself a partaker 
 in the violation of an act of t'.ie imperial parliament, and I 
 
 c c 2 
 
 :' j 
 
 '^ii!' 
 
 ;' J! 
 
 .1 .. 
 
 i '■ 
 •i; 
 
 ' !'i ^ 
 
 ■■',' ' 
 
 * V'l 
 
 i: 
 
 ' Vi 
 
 « 
 
 mi 
 
 I 
 
306 
 
 
 m 
 
 ii 
 
 
 i 
 
 (^'j^ap know no other way by which I can avoid becoming so, but 
 
 XJI. that which I am pursuing. 
 
 ^-^v-w " When we met I felt much satisfaction in the conscious- 
 
 i?<10. riess of having taken such steps as I thought most likely to 
 facilitate, indeed I thought would do away every possible 
 objection to a measure that seemed to be wished for, and 
 that in itself met my entire concurrence: but the only 
 objection that can I think exist in the mind of any reasona- 
 ble iuan to the eligibility of the Judges, arises from the 
 possible effect that may be produced by the necessity it puts 
 them under, of soliciting the votes of the electors. No 
 well grounded objection can be offered to their sitting in the 
 house when they are elected. On the contrary, their 
 talents and superior knowledge must render them highly 
 useful, and were it not for other considerations highly desi- 
 rable members. I cannot but exceedingly lament, that a 
 measure which 1 consider as beneficial to the country 
 should not have taken effect. The people however in the 
 disappointment of their expectations will do ma the justice 
 to acquit me of being the cause that so little of the public 
 business has been done." 
 
 On his entrance and departure from the 
 council chamber, the governor in chief was 
 cheered by the people, with loud and repeated 
 acclamations. His military promptitude again 
 exceeded the expectations of the Canadian 
 public, (a very large majority of the popula- 
 tion) w^ho, nevertheless, universally expressed 
 their resolution of reelecting the late mem- 
 bers, entertaining the opinion, that the gover- 
 nor, influenced by the judge, only wished to 
 screen him from the ignominy of an expulsion, 
 which they were told and willing to belie rC the 
 assembly had a right to insist upon, and that its 
 behests in the matter were tantamount to a law. 
 
 After the dissolution, addresses flowed in 
 upon the governor from all quarters. The city 
 
I; ?! 
 
 307 
 
 and county of Quebec, the city of Montreal, ^ j^^ 
 the inhabitants of Terrebonne, the town of xu.' 
 Three Rivers, the Borough of William Henry, ^ — 
 the counties of Warwick, Orleans, and various ^^^^' 
 other parts, were conspicuous on the occasion, 
 addresses coming from each. The late mem- 
 bers, assisted by their friends, in the mean time, 
 exerted themselves diligently to secure their 
 reelection. Songs, and pasquinades adapted 
 to the vulgar taste, aad calculated to rouse the 
 baser passions were composed and circulated ; 
 the " Canadien^^ teemed with diatribes, ad- 
 dresses and abusive observations on the occur- 
 rences of the day, and the measures of the exe- 
 cutive ; while on the other hand, the discovery 
 of cabals and plans of insurrection and rebellion, 
 v;ere mysteriously whispered among those con- 
 nected with the government. At one moment 
 it was rumoured that the french minister in 
 America had supplied large sums in gold, to 
 promote the views of the seditious in Canada ; 
 at another, that the whole of his correspond- 
 ence had been intercepted by some confiden- 
 tial agents of our government. These reports, 
 though utterly groundless, and treated by the 
 adverse party as malicious fabrications, were, 
 nevertheless, evidently intended to prepare 
 the public mind for another crisis. 
 
 The assembly having " resolved to vote in 
 the present session the sums necessary for pay- 
 ing all the civil expenses of this province," it 
 may be satisfactory to look at its revenues dur- 
 ing the year (1810) and the sources whence 
 
 !i 
 
 
 I 
 
 . 'a 
 
 "m 
 
 in 
 
308 
 
 i'i 
 
 MS'-:.. 
 
 Chap, they were derived. The reader, by referring 
 
 ^ii- back to page 202, in which he will find a 
 
 "J^ statement of the provincial revenues and ex- 
 
 * penditure for 1799, will perceive the increase 
 
 made during the last ten years, upon ihe 
 
 income and outlay of the province : — 
 
 Account of Provincial Revenue collected and received 
 between the 6tii January,! 810, and 6lh January, 1811 : — 
 Ko. 1. Casual and territcrial revenue - - - - £4292 9 4| 
 
 2. 
 
 Duties under the Slatutcs of 
 
 the 6th Geo. II, & 4 & 6 
 
 Geo. 111. 
 
 Ditto under the Statute of the 
 
 UthGeo. III. £11867 6 lOf 
 Licences jmler do. do. 1602 
 
 i. 
 5. 
 
 Duties under the prov. act 33d Geo. HI., 
 C Licences under do of 35th do. 1714 
 
 ( Duties under do. 
 
 . i Licences under do. 
 '■ ( Duties under do. 
 
 do. do, 19910 15 3^ 
 
 41st do. 
 do. do. 
 
 75 
 1887 13 3 
 
 /. 
 
 8. 
 
 9. 
 
 10. 
 
 11. 
 12. 
 
 Ditto under do. 45th do. 
 Pilotage Duties under do. do. 
 Licences under do. 47th do. 
 Duties under do. 48th do. 
 
 Cap, 19th . - - . 
 Ditto under do. Cap, 31th, 
 Fines and Forfeitures 
 
 151 10 li 
 
 13469 6 105 
 2814 2 2 
 
 21624 15 3i 
 
 1962 13 3 
 22674 14 10. J 
 1874 11 3 
 4 
 
 800 9 lOi 
 512 4 7i 
 175 12 fc,J 
 
 Currency X7035G 10 3 
 
 Errors excepted, 
 
 Qutbec, 7 thFebruanj, \8l\. 
 
 , . J, HALE, 
 
 Inspr. Genl. P. P. Accts. 
 
 Of the above, it is to be observed, only the 
 1st, 2d, 3d and 4th items were applicable 
 towards defraying the administration of justice 
 and civil government, together with £5,000, 
 sterling more, under the the 35th Geo. III., 
 for the same purpose, making in all something 
 
)y referring 
 
 will find a 
 
 les and ex- 
 
 fm increase 
 
 upon the 
 
 and received 
 |uary, 1811:— 
 
 £ 4292 9 4| 
 
 151 10 1^ 
 
 • 13469 6 10^ 
 , 2SI4 2 2 
 
 21624 15 3i 
 
 1962 13 3 
 22674 14 m 
 1874 11 3 
 4 
 
 800 9 lOi 
 512 4 7i 
 175 12 fcj 
 
 X7U35G 10 3 
 
 i. P. P. Accte. 
 
 Jd, only the 
 applicable 
 1 of justice 
 h £5,000, 
 1 Geo. Ill, 
 something 
 
 309 
 
 over £26,000, currency. The surplus was forc^ai), 
 the most part unappropriated monies remaining ^^^'• 
 at the disposal of the legislature. The expenses "J^ 
 of the civil government, for the year, were 
 £49,347, sterling, including i:3,964, "being 
 the just proportion of duties imposed by the 
 legislature of this province, that the province 
 of Upper Canada was entitled to receive, 
 between 1st January and 31st December, 
 1809." Besides this, were the expenses of the 
 legislature, including salaries and contingencies 
 amounting to £3,734, currency. 
 
 By returns laid before the legislature, it ap- 
 pears that the number of vessels entered at the 
 port of Quebec, and cleared was G35 — tonnage, 
 138,057. Vessels built and cleared 26— ton- 
 nage 5,836. The returns of the previous year 
 (1809) state the arrivals at 433 vessels — ton- 
 nage 87,825, without specifying the number 
 built at Quebec, and cleared out. The reve- 
 nue for the same year is staled at ^£67,932, 
 currency, and the expenditure £41,521, ster- • 
 ling, besides salaries and contingencies of the 
 legislature, £2,246, currency. 
 
 '\ 
 
 m 
 
 ' 1 
 
 ifA 
 
 V 
 
 ;.' i: 
 
 
 m 
 
310 
 
 I 
 
 m 
 
 .*, 
 
 \%' 
 
 CHAPTER XIII. 
 
 01)8ervation?4 on times past, and present — the press — 
 hitherto not beneficial in Canada — violent seizure of the 
 press of Le Conadien — imprisonment of certain gentle- 
 men connected with it — remarks — presentment of the 
 grand jury at Quebec — application in favor of prisoners 
 lor habeas corpus— refused — some of them released on 
 account of their health — juilge De Bonne retires from the 
 bench— Craig's road made — parliament meets — Mr. 
 Panet again speaker — speech— message relating to Mr. 
 Bedard— address of the asseml/iy— sharp reply of the 
 g<»vernor — bill passed as desired by the governor — resolu- 
 tions of the assembly relating to Mr. Bedard, and address 
 to the governor — not presented— miscellaneous proceed- 
 ings — favt)rable conclusion of the session and proroga- 
 tioii — governor's character — Mr. Bedard's enlargement — 
 governor's allocution to the executive council concerning 
 him — retires from the government — a remarkable general 
 order by him — postscript — documents interesting to his- 
 tory. 
 
 Until recent times and the crises just 
 xiii. noticed, we have seen but harmony in the 
 legislature, and among all classes in the 
 province, w^ith peace and plenty throughout 
 the land. We are now entering upon a 
 period of transition from that happy state, 
 to one of agitation and discord, stirred up 
 by candidates lor popular favor and support, 
 and the political intriguers in their interests, in 
 the various quarters of the country, mischie- 
 vously working upon the prejudices of national 
 
 Chnp 
 
 1810 
 
( 
 
 311 
 
 origin in the people, and for which, it is aisochnp 
 true, pretexts were sometimes found in occa- ^"^ 
 sional remarks froia english prints in the colony. "J^ 
 
 The press in Canada, consisted at this time 
 in all, but of five weekly papers, three of them 
 issuing at Quebec, — that is to say, — '' The 
 Quebec Gazette,'^ the first and oldest paper 
 in Canada, then, as still, in the hands of 
 Mr., now the honorable John Neilson, — the 
 Nestok, as for his wisdom, discretion and 
 ability, as an editor, he is justly called, 
 of the Canadian press — then published in both 
 languages, and the official paper of the govern- 
 ment, from its establishment. Secondly, — 
 " The Quebec Mercury,'' published wholly in 
 english, by Thomas Cary, esquire, as already 
 stated ; and thirdly, "Lc Canadien,'' in french, 
 owned by a variety of individuals who had set 
 it on foot by subscriptions, and who paid their 
 own editor, generally a person without any 
 determinate interest in the concern, and hired 
 for the purpose. The two others were " The 
 Montreal Gazelle,'' established originally in 
 1778, and published in both languages by Mr. 
 James Brown, and " The Courant," of the 
 same city, published in english by Mr. Nahum 
 Mower. A more respectable press did not 
 exist in any province of the british empire, at 
 this period than that of Lower Canada. Sin- 
 cerely do we wish that as much could be said 
 of it, in this our present day. 
 
 But this, admirable engine, — dreaded alike 
 by the despot and the demagogue, —omnipo- 
 
 
 1 lUl 
 
 ) ; 
 
 1 1^ V-'\ 
 
 if' 
 
 '! 1; 
 
 

 Iff: 
 
 
 m% 
 
 w 
 
 l:R 
 
 
 XII 
 
 312 
 
 tent for i^ood or evil, accordinnf to tlie hands 
 
 n p. 
 
 if. that d 
 
 irect it, lias not, however, been so far 
 
 in 
 
 "'^ Canada, a fortunate experiment, but rather the 
 ' ■ reverse. It has scattered abroad the seeds of 
 discontent, destroyed harmony, produced dis- 
 union and division between fellow subjects, on 
 the idle score of their ditference of origin and 
 of language, fomented party spirit, agitated and 
 arrayed the people in masses against each other, 
 the iinal eQects of all which it is impossible to 
 foresee, though we may but too surely count 
 upon results any thing but desirable. If the 
 liberty of the press be a blessing, as on the 
 whole no doubt it has been, and is, to man- 
 kind, it also has its attendant curses. But let 
 us not despondingly abandon altogether hope 
 of a reform in it also, as in other things. — It 
 would be premature to pronounce it a failure, 
 as yet only at the outset as it were, of its mission 
 in Canada, — nor too hastily conclude, from the 
 temporary evils we have felt and feel from it, 
 that in the long run, its advantages may not, on 
 the whole vastly outweigh, even with us, the 
 inconveniences resulting from it, in the strife 
 and dissensions we have occasionally been 
 involved, principally by means of it. — More 
 powerful than the countless legions of the 
 mightiest autocrat that ever swayed a sceptre, 
 like them, its influenf^<?s must also be ruled 
 by a superior, though to us invisible, but all- 
 wise and beneficent powder for good purposes. 
 Holding on progressively its steady course, 
 preceded by letters^ those magic harbingers of 
 
lie hands 
 so far, in 
 ather the 
 seeds of 
 uccd dis- 
 jects, on 
 igin and 
 ated and 
 ch other, 
 )ssible to 
 !ly count 
 If the 
 IS on the 
 to man- 
 But let 
 ler hope 
 lings. — It 
 a failure, 
 s mission 
 , from the 
 1 from it, 
 ly not, on 
 li us, the 
 the strife 
 illy been 
 t. — More 
 s of the 
 sceptre, 
 be ruled 
 but all- 
 )urposes. 
 course, 
 ingers of 
 
 313 
 
 light to the human mind, " conquering and to chan. 
 conquer," — in itself an empire, dispensing in ^"^• 
 its career knowledge to the nations, their beslTsio^ 
 wealth and firmest power — gathering as it goes 
 fresh and increasing strength from the dissemi- 
 nation of its own exhaustless elements, and in 
 character peculiarly christian, it pervades and 
 will subdue the v^orld to its dominion, bear- 
 ing religion, civilisation and freedom, to the 
 remotect ciids of the earth. 
 
 The province, by this time, from the agita- 
 tion that had arisen, was divided into two 
 distinct parties ; the one Canadian, of french 
 origin, and opprobriously called (for they did 
 not choose to be termed french, an appellative 
 odious in its application to them, and therefore 
 offensive, although the notion of a " la nation 
 canadienne^' and " nationaliW^ was not yei in 
 vogue,) the french party, consisting principally 
 of the rural and agricultural population ; the 
 other british, comprising all, or nearly so, of 
 british birth or descent in the province, includ- 
 ing the commercial body, without scarcely an 
 exception, each now unhappily animated against 
 the other by a blind party spirit, and fierce 
 almost to hostility and the knife, imputing to 
 each other the most inicuitous and absurd 
 views, and bandying abuse; the one set charac- 
 terising their opponents by the odious cant terras 
 of " anti'Canadiens, choyens, or anglais*^ — 
 those of " frenchmen, democrats, houtefeus, 
 being as freely and indeed angrily bestowed m 
 return by the other class. — The apparent origin 
 
 D d 
 
 ^ ' 
 
 i; 
 
 r ; 
 
 i 
 
XIlI. 
 ISIO. 
 
 i^\v> 
 
 !i. 
 
 Ski 
 
 ti*. * ^ 1 
 
 314 
 
 of these parties is to be found in the conflict 
 previously noticed between the commercial and 
 agricultural interests with respect to the " gaols' 
 bill," rather than in any prejudices of national 
 origin, which, however, having slumbered 
 till then, there is no doubt that this struggle 
 awakened on both sides. — But antipathies of a 
 far different and deeper nature had been kin- 
 dled in their progress, and threatened to involve 
 the whole social fabric in conflagration. 
 
 The storm that had been gathering for some 
 time, was now^ ready to burst. The elections 
 were approaching, and the executive seemed 
 determined to strike a blow, that would sur* 
 prise the people, and silence their leaders. 
 — On the 1 7th of March, a party of soldiers 
 headed by a magistrate and two constables, 
 proceeded to the Canadien printing office in 
 Quebec, under the sanction of the executive, 
 where having forcibly seized the press, with the 
 whole of the papers of every description found 
 in the house, they conveyed them to the vaults 
 of the court-house. The printer* was appre- 
 hended,and after examination before the council 
 committed to prison. The guards in the mean- 
 time were strengthened, and patrols sent in all 
 directions through the city, as if an insurrection 
 were expected. The public, struck at these 
 appearances of unusual precaution, remained 
 in suspense ; expecting an official revelation 
 of some deep laid conspiracy.! The Montreal 
 
 • Mr. Lefrancois. 
 
 t The event alluded to was noticed in the Quebec Mercury, of the 
 ' 9lh March, 1810 ; but, to enable the reader to understand the sense 
 
 ^*^ 
 
315 
 
 courier was detained beyond the usual tini(',cha|. 
 with a view as it was said, of preventing a re- ^'''• 
 port of the measures resorted to from spread- ,j^|(, 
 
 ♦'iitertained of the lans;uago and doctrine of fh»' " C'ajuu/icn," by the 
 *' Mercury," which may l)e considered as expicssinu; the opinions ol lh« 
 british public, upholding it, an article pn'cedintj tlic annonncenK iit in 
 that paper of the seizure of the press of Lc Canadien, is yiven as bel(>\N . 
 It is impossible in a work of this nature to produce the Jirticlts to 
 which the Editor of the Mercury reler.s — all that can be said her<' n[>on 
 the subject, and that in fairness, to put the reader on his }j;uar(l, ouuht to 
 be said, is, that these two papers, " The Quebec Mercury''^ and "Ac Vana- 
 dien," were antagonistic in politics : the former english and uovernnion- 
 tal, the latter french Canadian, and in opposition to th«! executive, and 
 conseciuently that the reader may take the observations lor just wlial 
 he may think them worth. It may not be inappropriate to add a!sr>, that 
 times and taste have so much altered in Canada, in this respect, that 
 if the productions which, in that day, were termed seditious, weic 
 now to be reproduced in the public journals, they woidd f^eerri very 
 pitiful and flat indeed, compared with those of every day occurrence 
 and in both languages : — 
 
 " None who have read the last numbers of the Cnnadicn Imt must 
 be struck with the doctrine ri ,)eatedly iiiculciiicd in them, jiiuticii- 
 larly in No. 15, that the public have not tin ri;^iit hmiisuu: or exa- 
 mine the conduct of the house of assembly, formed of men deputed by 
 thi' people, to act for them. By this mode of reasoning the represen- 
 tatives of the people, may run into every species of madness, even to 
 the pr.'vation of every right and every shilling the people possess, and 
 not a word is to be uttered on the subject, bui in such a \\ ay as these 
 petty tyrants may think proper to dictate. 
 
 '* We are at a loss which to admire most, their tyrannical sjiirit or 
 their consummate vanity. A striking proof of the latter is thai they 
 will allow no one to be a judge of the question of the expulsion yf 
 judge De Bonne but themselves. They say, of all those who siirned 
 the Quebec address to his excellency, not one is capable of uudeistaiid- 
 ing the nature of the question. 
 
 *< Thus much on the part of the people. On the part of the govern- 
 ment we take leave to observe, that in a dependence such as this colo- 
 ny, when we see the government daily flouted, bearded and treated 
 with the utmost disrespect and contumely, with the view of bringing 
 it into marked contempt, we expect nothing less than that its pati- 
 ence will be exhausted, and enei'getic measures resorted to, as the only 
 efficient ones. 
 
 " From any part of a people conquered from wretchedness int'i every 
 indulgenct and the height of prosperity , such treatment as the govern- 
 ment continually receives, is far different from what ought to be 
 expected. 
 
 " After the the late conciliatory step, proposed by the king's 
 representative, at the opening of the last session of our parliament, 
 we cannot help viewing the returns made as the most ijicorrigible 
 
 i i. li 
 
 'ij 
 
 r'A 
 
 1^ 
 
'11 
 
 i 
 
 m'4 
 
 
 m. 
 
 i 
 
 I ! 
 
 4 
 
 316 
 
 Chap, ing abroad, until the expected discoveries 
 xui. ^ere made. Three successive days were 
 1310 occupied by the magistrates and law officers of 
 the crown in examining the papers seized. On 
 the 19th of March, three french Canadian gentle- 
 men* were apprehended under warrant, signed 
 by three members of the executive council and 
 j committed to prison. Three others in the dis- 
 ; trict of Montreal! were in like manner commit- 
 i ted, all, on a charge of treasonable practices. 
 These commitments it is scarcely necessary to 
 observe were made under the " act for the 
 better preservation of his Majesty's govern- 
 ment." No discovery of any importance re- 
 sulted from the search, but the hasty imprison- 
 ment of the gentlemen mentioned, gave cur- 
 rency to the tales of intended insurrection that 
 were circulated, and it was generally under- 
 stood that the government was in full posses- 
 sion of all the circumstances of the supposed 
 conspiracy. There is, however, to this day, no 
 proof before the public of the slightest plan to 
 subvert the government: and the reader, in 
 the absence of just grounds for such a pre- 
 sumption, as well as from the enlargement of 
 
 ingratitude . But there arc characters in the world, on whom benefits 
 have no other effect than to produce insolence and insui/. , ^ , 
 
 '• The stroke is struck, — The Canadien has received its mortal 
 blow. — The gicatest misfortune that can ever happen to the press is 
 for it to be in the possession of invisible and licentious hands. We 
 .say no more — we war not with the dead." 
 
 ' * Mes.sieurs Bedard, Blanchet and Taschereau, members of tiie late 
 House of Assembly. 
 
 t Messieurs Pierre Laforce. Pierre Papineau of Chambly, and 
 Francois Corbeil of Isle Jesus, 
 
317 
 
 the prisoners without trial, is left to judge chap. 
 whether the proceedings resorted to on the ^^^^• 
 occasion were the result of well grounded ^^^ 
 apprehension of disturbances, or an unnecessary 
 exertion of power. There certainly was much 
 excitement throughout the province, from the 
 agitation of party leaders, principally profes- 
 sional men residing in the cities of Quebec and 
 Montreal, their partisans and the petty dema- 
 gogues in their interests, but which, if left alone, 
 would probably have burnt itself out. 
 
 On the 21st of March, the Governor issued 
 a proclamation.* The earnestness that flows 
 
 • This remarkable proclamation, evidently the protiuction of a 
 haughty but generous mind, is given to the reader, as a piece of lite- 
 rature, not only worthy of his perusal, but of being placed on record 
 for perusal in after times : — 
 
 " Whereas divers wicked, seditious and treasonable writings have 
 been printed, published and dispersed in the province, with the care 
 and government of which 1 am entrusted ; and whereas such writings 
 have been expressly calculated to mislead his Majesty's good subjects, 
 to impress their minds with distrust and jealousy of his Majesty's 
 government, to alienate their affections from his Majesty's person, 
 and to bring into contempt and vilify the administration of justice, 
 and of the government of the country; and whereas, in the prosecu- 
 tion of these wicked and traitorous purposes, their authors and abet- 
 tors have not scrupled audaciously to advance the most gross and 
 daring falsehoods, whilst the industry that has been employed, in 
 dispersing and disseminating them at a very great expence, but the 
 source of which is not known, strongly evinces the perseverance and 
 implacability with which it is intended that these purposes should be 
 pursued ; and whereas, consistently with that duty, which I owe to 
 his Majesty, and that affection and regard with which 1 view the 
 welfare and prosperity of the inhabitants of this colony, it was im- 
 possible for me any longer, to disregard or suffer practices so directly 
 tending to subvert the government of the former, and to destroy the 
 happiness of the latter, I do therefore, hereby announce, with the 
 advice and concurrence of his Majesty's executive council, that with 
 the same advice and concurrence measures have been adopted, and 
 that due information having been given to three of his Majesty's said 
 executive councillors, warrants as by law authorized, have been 
 issued under which some of the authors, printers and publishers of 
 the wntuigs aforesaid, have been apprehended and secured. 
 
 D (/ 2 
 
 llj: : il 
 
 
318 
 
 \\ 
 
 
 ! 1 
 
 Chap, through this production shews the determination 
 ^"^- with which he intended to persevere in his 
 i8ii^ measures, evidently the result of a conviction on 
 
 " Deeply impressed with a desire to promote, in all respects, the 
 welfare and happiness of the most benevolent and best of Sovereigns, 
 whose faithful servant 1 have been for nearly as long a period as the 
 oldest inhabitant has been his subject, and whose highest displeasure 
 1 should incur, if I made any other than that happiness and welfare 
 the rule of my conduct, it would indeed be with a very sincere con- 
 cern, that I should iind reason to believe that the arts of these factious 
 and designing men had produced any effect, and that doubts and 
 jealousies should have found their way, and have established them- 
 selves in the minds of deluded persons. 
 
 " I'o these, if any such there be, and indeed to the public in general, 
 1 would recall the history of the whole period during which they have 
 been under his Majesty's government. Let them remember the slate 
 tliey were in when they became british subjects ; and let tliuin bear 
 in their recollection the progressive advances they have made to the 
 wealth, happiness, security and unbounded liberty which they now 
 enjoy. During fifty years that they have been under the englibh 
 dominion, has one act of oppression — has one instance of arbitrary 
 imprisonment— or of violation of property, occurred 1 Have you 
 in any one instance, or under any one circumstance, been disturbed in 
 the free and uncontrolled enjoyment of your religion — and lastly, 
 whilv? all Europe has been deluged in blood, and while various of his 
 iVfajesty's other colonies and possessions have at times experienced 
 the horrors of war, and some even under the vicissitudes of that state, 
 have undergone a deprivation of their inestimable happiness of living 
 uiidev british laws and british government, by becoming a prey to 
 temporary conquest, have you not enjoyed the most perfect security 
 and traniiuilllty under the powerful protection of that same govern- 
 ment , whose fostering and paternal care has been equally employed 
 in promoting your internal welfare. 
 
 *» What then can be the means used by these evil disposed and wicked 
 persons, by which they can hope to bring about their traitorous and 
 ambitious designs — by what arguments can they expect that a people, 
 in the enjoyment of every blessing that can contribute to happiness 
 lu this world, shall renounce that happiness, to embrace their views ' 
 By what argument can they expect that a brave and loyal people, 
 hitherto impressed with the warmest and sincerest attachment to the 
 best of Kings, whose whole reign has been one series of benefits bes- 
 towe<.i on them, shall abandon that loyalty and become monsters of 
 ingratitude, fit to be held up to the detestation of the world, to pro- 
 xiiote their projects i It is true, the most base and diabolical false- 
 hoods are insidiously promulgated and disseminated, in one part it 
 is announced as my intention to embody and m.ake soldiers of you, and 
 that having applied to the late house of representatives to enable me 
 to assemble twelve thousand of you for that purpose, and they hav- 
 ing declined to do so, I had therefore dissolved them. This is nol 
 
— 1\^ 
 
 mination 
 •e in his 
 'iction on 
 
 respects, the 
 >f Sovereigns, 
 jeriod as the 
 : displeasure 
 and welfare 
 sincere con- 
 these factious 
 doubts and 
 )lished theni- 
 
 ilic in general, 
 ich they have 
 nber the slate 
 let tlic'in beiir 
 f made to the 
 ich they now 
 r the e/iglibh 
 of arbitrary 
 1 Have you 
 undisturbed in 
 1 — and lastly, 
 various of his 
 s experienced 
 !S of that state, 
 ness of living 
 ig a prey to 
 rfect security 
 same govern- 
 lly employed 
 
 ed and wicked 
 :raitorous and 
 that a people, 
 ; to happiness 
 ' their views 'i 
 loyal people, 
 ;hment to the 
 f benefits bes- 
 
 rnonsters of 
 orid, to pro- 
 bolical false- 
 n one part il 
 rsofyou, and 
 enaj)le me 
 id they hav- 
 
 This is not 
 
 319 
 
 his mind of their expedience at this crisis, which, chap. 
 however, does not afford an instance of the trial, ^^^^• 
 of a single individual in the colony, for treason or Tsio!^ 
 
 only directly false, such an idea never having entered into my mind, 
 nor the slightest mention having ever been made ot it ; but it is doubly 
 wicked and atrocious, because it has been advanced by persons, who 
 must have been supposed to speak with certainty on the subject, and 
 was therefore the more calculated to impose upon you. In another 
 part you are told that I wanted to tax your lands, and that the late 
 ^louse of assembly would consent only to tax wine, and that upon 
 tiiai; account, I had dissolved tlie house* Inhabitants of St. Denis ! 
 this is also directly false, 1 never had the most distant idea of taxing 
 you at all, such had never even been for a moment the subject of my 
 deliberations, and when the late house offered to pay the civil list, 1 
 could not have taken any step in a matter of such importance without 
 the King's instructions, and therefore it was still long before we came 
 to the consideration of how it was to be paid. In truth not one word 
 was ever to my knowledge mentioned on the subject. 
 
 " In other parts, despairing of producing instances from what I have 
 done, recourse is had to what I intend to do, and it is boldly told you, 
 that I mean to oppress you. Base and daring fabricators of falstluxxi, 
 on what part or what act of my life do you found such an assertion *? 
 What do you know of me or my intentions 1 Canadians, ask of those 
 to whom you formerly looked with attention "and respect, ask the 
 heads of your church who have opportunities of knowing me ; these 
 are men of honor and knowledge, these are men from whom you 
 ought to seek for information and advice ; the leaders of faction, the 
 demagogues of a party, associate not with me ; they cannot know me. 
 
 " For what purpose should I oppress you l Is it to serve the King 1 
 Will that Monarch, who during fifty years has never issued one order 
 that had you for its object, that was not for your benefit and 
 happiness — will he now, beloved, honored, adored by his subjects, 
 covered with glory, descending into the vale of ypars, accompanied 
 with the prayers and blessings of a grateful people, will he, 
 contrary to the whole tenor of a life of honor and virtue, now 
 give orders to his servants to oppress his Canadian subjects ] It is 
 impossible that you can for a moment believe it. You will spurn 
 from you, with just indignation, the miscreant who will suggest such 
 a thought to you. 
 
 " Is it for myself, then, that I should oppress you 1 For what should 
 I oppress you 1 Is it from ambition ? What can you give me i — Is 
 it for power { Alas ! my good friends ■ with a life ebbing not slowly 
 to its periinl, under the pressure of disease acquired in the service of 
 my country, 1 look only to pass, what it may jileaso God to suiter to 
 remain of it, in the comfort of retirement among my friends. I re- 
 main among you only in obedience to the commands of my King. 
 What power can I wish for ? Is it then for wealth that I would op- 
 press you { Enquire of those who know me, whether 1 regard 
 wealth; 1 never did, when I could enjoy it : il is now of no use to 
 
 i,M 
 
 Vf 
 
 ; II 
 
 11 
 
 H M 
 
iff J' ^'' 
 
 il 
 
 III 
 
 S-' 
 
 
 320 
 
 Chap, even sedition. In truth, the heat and bias of the 
 
 _^ times were such, that it is probable no convic- 
 
 1810. tion, nor indeed dispassionate and impartial 
 
 trial, by jury, however guilty the accused might 
 
 be,could have been obtained, as in aftertimes in 
 
 me ; to the value of your country laid at my feet, I would prefer the 
 consciousness of havmg, in a single instance, contributed to your hap- 
 piness and prosperity. 
 " These personal allusions to myself — These details, in any other case 
 mio^ht be unbecoming, and beneath me ; but nothing can be unbecom- 
 ing or beneath me that can tend to save you from the gulf of crime 
 and calamity, into which guilty men would plunge you. 
 
 •' It is now my duty, more particularly to advert to the intent and 
 purpose for which this proclamation is issued ; I do, therefore, by 
 and with the advice of his JVIajesty's executive council, hereby warn, 
 and earnestly exhort all his Majesty's subjects, to be on their guard 
 airainst, and to bf» cautious how they listen to the artful suggestions 
 of designing and wicked men, who, by the spreading of false reports, 
 and by seditious and traitorous writings, ascribe to his Majesty's 
 government evil and malevolent purposes, seeking only thereby to 
 alienate their affections, and lead them into acts of treason and rebel- 
 lion, calling upon all well disposed persons, and particularly upon all 
 curates and ministers of (rod's holy religion, to use their best endeav- 
 ours to prevent the evil effects of such incendiary and traitorous 
 doings, to undeceive, to set aright, such as may have been misled by 
 them, and to inculcate in all, the true principles of loyalty to the 
 King, and obedience to the laws. 
 
 " And I do hereby further strictly charge and command all Magis- 
 trates, in and throughout the province, all captains of militia, peace 
 otficers, and others, his Majesty's good subjects, that they do severally 
 make diligent enquiry and search, to discover as well the authors, the 
 publishers and dispersers of all such wicked, seditious and traitorous 
 writings as aforesaid, and of false news in any way derogatory to his 
 Majesty's government, or in any manner tending to inflame the pub- 
 lic mind, and to disturb the public peace and tranquillity ; to the end 
 that by a vigorous execution of the laws, all offenders in the premises 
 may be brought to such punishment as may deter all persons from 
 the practice of any acts whatever which may in any way affect the 
 safety, peace or happiness of his Majesty's loyal and faithful subjects 
 in this province. 
 
 " Given under my hand and seal at arms, at the castle of Saint Lewis, 
 in the city of Quebec, in the said province of Lower Canada; this 
 twenty-rirst day of March, in the year of our Lord one thousand 
 eight hundred and ten, and in the fiftieth year of his ^bjesty's 
 
 Reign. 
 
 By hss Excellency's Cojr>mand, 
 
 JNO TAYLOR, Depy. Secy. 
 
 J. H. CRAIG, Govr. 
 
321 
 
 1 1 
 
 cases far more evident, of sedition, and, in fact, chap. 
 of treason and murder, was exemplified. The ^^^^ 
 clergy being expected to support the govern- i8io. 
 ment on the present occasion, the proclamation, 
 in obedience to its wish was published, in some 
 instances, in the church, during divine service, 
 in others, but with seeming reluctance, at the 
 church door only, after its conclusion.* 
 
 The Chief Justice Sewell at the opening of 
 the criminal sessions in March, in delivei'ing 
 his charge to the grand jury, called their 
 attention to the tendency of the occurrences, 
 that had given room to the proclamation, which 
 he read on the occasion. The grand jury in 
 answer to his speech, drew up an address to 
 the court in which they animadverted strongly 
 upon certain numbers of the Cimadien, and 
 other productions issuing from that press, as 
 dangerous to the peace and security of the 
 colony. They in like manner expressed their 
 displeasure at divers productions in the Que- 
 bee Mercury, calculated to excite jealousy and 
 distrust in the minds of his Majesty's Canadian 
 subjects, leaving it to the wisdom of the court 
 
 * The following paragraphs, in relation to the subject, appeared in 
 the Quebec Mercury of 2d April, 1810 :— 
 
 " Yesterday, the late excellent proclanjation of his excellency iht 
 governor in chief was read in the cathedral parish church. The 
 catholic bishop preached on the occasion. 
 
 " At one o'clock, (same day) a numerous deputation oUir.bitanis, 
 presented to his excellency a loyal and affectionate address from tho 
 habitants of the county of Orleans, expressive ol' their attachment to 
 the king; abhorrence of certain seditious papers which have been 
 circulated among them for some years past ; and thanking his excel- 
 lency for his firmness in putting a stop to their course. They further 
 express their sensibility and gratitude for the truly paternal }>roclama- 
 tion lately issued by his excellency. — It was signed by G71 hubiianls.'' 
 
 ■i ! 
 
322 
 
 I* 
 
 I 
 
 Wi 
 
 
 Chap, to adopt such measures thereupon as might be 
 
 ^ '^ found expedient : and concluded by disclaim- 
 
 1810. ing a wish to encroach upon the genuine free- 
 dom of the press, stating that the abuse of this 
 inestimable privilege, which could only tend 
 to a subversion of order, was the subject of 
 their animadversion. The chief justice was 
 thought to have exceeded his province, in 
 pubHcly reading on the bench the proclamation, 
 as a thing foreign to the sacred functions of 
 his post, and which, at that moment, the country 
 was striving to keep aloof from politics. 
 
 In the April term of the court of King's 
 bench for Quebec, an effort was made to obtain 
 a habeas corpus for one of the gentlemen (Mr. 
 Bedard) detained in prison, hut failed. The 
 failure ot this application left no alternative to 
 the prisoners, but a patient submission to their 
 imprisonment, until the governor should be 
 pleased to bring them to trial, or release them, 
 which there is reason to believe he immediately, 
 on an appeal to his clemency, would have done. 
 In July following, one of the gentlemen con- 
 fined in the jail at Quebec, falling seriously ill, 
 was released : another was also shortly after 
 released from the same cause ; and the printer, 
 finally, in the month of August, was also turned 
 out of prison. They, however, previous to 
 their enlargement, gave security to appear and 
 answer such bill of indictment as might be 
 afterwards found against them: a precaution 
 intended to save appearances, no bill having 
 
^n 
 
 might be 
 disclaim- 
 ine free- 
 e of this 
 nly tend 
 bject of 
 tice was 
 I'ince, in 
 amation, 
 ctions of 
 i country 
 
 IS. 
 
 f King's 
 to obtain 
 nen (Mr. 
 d. The 
 lative to 
 ti to their 
 lould be 
 ise them, 
 lediately, 
 ive done, 
 len con- 
 iously ill, 
 tly after 
 3 printer, 
 30 turned 
 evious to 
 pear and 
 night be 
 'ecaution 
 I having 
 
 323 
 
 ever afterwards been presented by the crown chap. 
 officers. ^"^• 
 
 The September session of the criminal j^j^^ 
 court elapsed without any attention to the 
 prisoner remaining in confinement, Mr. Be- 
 dard, who solicitous for a trial, had repeatedly 
 refused enlargement, without the opportunity 
 of vindicating his reputation by the verdict of a 
 jury. He inflexibly insisted on the integrity 
 of his conduct and political opinions, repu- 
 diating the imputation of treason or disaffection 
 to the person or government of his Sovereign : 
 and Liie Viceroy himself, was heard to express 
 esteem for the consistency of his conduct. 
 
 The period at which we are arrived, has 
 been termed, by whom the reader may easily 
 divine, the reign of terror. The peremptory 
 measures of the Governor struck indeed the 
 agitators with dismay ; but though he had 
 alarmed them, he had not subdued the spirit 
 of the people. The elections for the new par- 
 liament took place in April, and the late mem- 
 bers were for the most part again returned. 
 
 The Judge upon whose account the present 
 difficulties had originated, undei* the prospect, 
 it was said, of being called to the legislative 
 council, did not again present himself He 
 however was not called thither; and we are 
 left to conjecture, whether he declined his re- 
 election through a false promise from the 
 administration to that purpose, as was subse- 
 quently reported, in order to induce him to 
 to retire, and by that means put an end to all 
 
 ! 
 
 ! I 
 
 !l 
 
 liil 
 
324 
 
 Chap. Strife on his account, or whether disgusted, 
 xiif. ^j^j, ^j^g intrigues and animosity of the times, 
 lyiQ he consulted his tranquillity by a spontaneous 
 retirement. He soon after resigned the judge- 
 ship. 
 
 The prisoners confined at Montreal, where 
 they had suffered all the inconveniences and 
 discomforts of a damp and unhealthy prison, 
 and the severity of a surly janitor, were suc- 
 cessively released. One of them* is said to 
 have died of illness contracted during his im- 
 prisonment. The Governor in the meantime 
 turned his attention to the improvement of the 
 interior of the province, as vt^ell as to the cities 
 of Quebec and Montreal : to which he ap- 
 pointed chairmen to preside in the courts of 
 quarter sessions, with annual stipends. He 
 caused a road to be opened from St. Giles, on 
 the south side of the St. Lawrence, in the 
 vicinity of Quebec, to the township of Shipton, 
 near the provincial boundary line, known as 
 " Craig^s road/' a distance of upwards of sixty 
 miles, by a detachment of troops, affording by it 
 a short and easy communication between the 
 new townships, and the Quebec market, and 
 a direct road from Quebec to Boston. 
 
 The nev, parliament (the seventh of Lower 
 Canada)! met at Quebec on the 12th of De- 
 
 • Mr. Corheil. 
 
 f The representatives chosen for this parliament,were as follows : — 
 
 Borough of Three Rivers, Matthew Bell and Thomas Coffin ; 
 Borough of William Henry, Edward Bowen ; County of Surrey, 
 Pierre Bedard and Joseph Bedard ; Lower Town of Quebec, Pierre 
 Bruneau and John Mure ; County of Orleans, Charles Blouin ; East 
 Ward of Montreal, Joseph Papineau and Stephen Sewell; County ol 
 
 ^ * 
 *^;i, 
 
I \ 
 
 325 
 
 cember 1810, and the house of assembly hav-chan. 
 ing re-elected their former speaker the Gover- ^"* 
 nor after again approving of their choice, Tsio^ 
 informed them by his speech : — 
 
 (( 
 
 That as he had never doubted the loyalty and zeal of the 
 several parliaments which he had occasion to meet since 
 he assumed the administration of the government of the 
 province ; so he relied with equal assurance, that he would 
 not fail to experience the same principles in that which he 
 was then addressing : and that in the confident expectation 
 that they were animated by the best intentions to promote 
 the interests of his Majesty's government, and the welfare 
 of his people : he should look for the ha))py effects of such 
 a disposition in the tenor of their deliberations and the dis- 
 patch of the public business, 
 
 " I desire to call your attention (said he) to the temporary 
 act for the better preservation of his Majesty's government, 
 as by law happily established in this province, and to that 
 lor establishing regulations respecting aliens or certain sub- 
 jects of his Majesty who have resided in France. No change 
 has taken place in the state of the public affairs, that can 
 
 Warwick, James Cuthbert and Louis Olivier ; County of Devon, J. B. 
 Fortin andF. Bernier; County of Hertford, E. F. Roi and Francois 
 B lanche! ; County of Quebec, Louis Gauvreau and Jean Bte.Bi^ffif^ 
 UpperTBwn of Quebec, Javies Irvine and C. D^nechau ; County of 
 Montreal, Louis Roi Portelance and J. B, Durocher ; West Ward of 
 Montreal, E, N. St. Dizier and Jrch. N. WLevd ; County of Lein- 
 ster, Jac. Archambeault and D. B. Viger ; County of Richelieu, Ls^ 
 Bour dages and Hyacintho M . JJelornie ; ' County of Effingham, "JT 
 [eunier and Jos, Malbceeuf dit Beausoleil ; County of Northumber- 
 land, Thomas Lee and Joseph Drapeau ; County of Dorchester, Pierre 
 Langlois and John Caldwell ; County of Hampshire, Fran^Jois X. 
 Larue and Francois Huot ; County of Buckingham, F. Le Gendre 
 and J. Bte. Hubert; County of Saint Maurice, M. Caron and Frs. 
 Caron ; County of Bedford, Alexis Desbleds ; County of York, Pierre 
 St. Julien and Francois Bellet ; County of Cornwallis, J . L. Borg ia 
 and J. Robitaille ; County of Kent, L . J. Panineau and P. D. De- 
 bartzch ; County of Huntingdon, J. A. Panet^ and Edme Henry ; 
 CCtinTy of Gasp6, G. Pyke. 
 
 The reader will perceive that the names denoting an gng/is/i origin, 
 (9) are now, as henceforward they will be, on the decrease. 
 
 EC 
 
 f 1 
 
 III 
 
 I ii' 
 
 t '1 
 
 ■s^ 
 
^^^■^'^ 
 
 326 
 
 W' 
 
 
 Chan, wnrraiit a departure from those precautions and that vigilance 
 XIll. which liavc hitherto iniluced all the branches of the iegisla- 
 v-^-v-^ ture to consider these acts as necessary. In saying that 
 1810. tliey are important to the interests of his Majesty's govern- 
 ment, you will not, I am confident, for a moment suppose, 
 that I mean to divide these from the interests of the puhlic : 
 they are insepnrnhic. The preservation of his Majesty's 
 government is the safety of the province, and its security is 
 the otdy safeguard to the public tranquillity. Under these 
 considerations I cannot therefore but recommend them, 
 together with the act making t'^mporary provisions for the 
 regulalion of trade between this province and the United 
 Slates, to your first and immediate consideration." 
 
 He intreated them to believe, that he should have great 
 satisfaction in cultivating that harmony and good understand- 
 ing which must be so conducive to the prosperity and happi- 
 tr.'ss of til? colony, and that he should most readily and 
 cheerfully concur, in every measure which they might pro- 
 pose, tending to promote those important objects. He 
 conchidtnl by observing '• that the rule of his conduct was 
 to dischargi^ his duty to his Sovereign by a constant atten- 
 tion to the welfare of his subjects which were committed 
 to his charge, and that he felt these objects to be promoted 
 by a strict adherence to the laws and to the princij)les of 
 the constitution, and by maintaining in their just balance the 
 rights and privileges of every branch of the legislature." 
 
 Immediately after delivering his speech, he 
 sent a message to the house by a member of the 
 executive council, ini.mating that Mr. Bedard, 
 returned to serve as a member for the county 
 of Surrey, was detained in the common jail for 
 the district of Quebec, under a warrant of 
 three members of his Majesty's executive 
 council, by virtue of the act '* for the better 
 preservation of his Majesty's government as by 
 lav/ happily established in this province," for 
 treasonable practices. The assembly by an 
 humble address returned its thanks to his 
 
327 
 
 excellency, for the communication. — The ulte- ci,np. 
 rior proceedings of the body, on the subject, ^^^^'• 
 will be noticed presently. 1^,q 
 
 It was evident from the tenor of the Gover- 
 nor's speech, and his subsequent message to 
 the house, that the renewal of this now un- 
 popular act would be insisted upon by the 
 government. The sentiments of the majority of 
 the house were, without doubt, entirely averse 
 to the recent measures of the administration ; 
 but, a refusal might embroil them more than 
 ever with the executive, and result in conse- 
 quences still more unpleasant than before. 
 The dissolutions of the two preceding parlia- 
 ments were still fresh in their memory, and 
 they knew the inflexible consistency of the 
 Governor's character, 'i'hey. observed in tluir 
 address to the Governor, in answer to his 
 speech: — 
 
 ^* Proud as we are of the just and elevated serili- 
 ments expressed by your Excellency, oftlie loyalty and 
 zeal of the several parliaments which your Excellency has 
 had occasion to meet in this province, we will leave noth- 
 irig undone, on our part, to convince your Excellency that 
 those principles exist in us, without the slightest diminu- 
 tion ; and, animated by the best intentions to promote the 
 interests of his Majesty's government, and the welfare of 
 our fellow subjects, the effects of those sentiments shall be 
 manifested in the tenor of our deliberations, and the dis- 
 patch of the public business. 
 
 " We concur with your Excellency, that no change has 
 taken place in the state of public affairs abroad, that can 
 warrant an abolition of the provisions of the provincial tem- 
 porary act which provides for the better preservation of his 
 Majesty's government, as by law happily established in this 
 province. Yet, we think it our duty to inform your Excel- 
 
 1 
 
328 
 
 .i» 
 
 \* I 
 
 i 
 
 ill i 
 
 Chao. loncy, that the fears and apprehensions wiiich prevail 
 XIII. amongst a great number of li'm Maje.sty''s loyal and faithful 
 ^-'^'^ subjects, ill consequence of the execution of this act, will 
 1810. demand our serious consideration, before we can determine 
 if its continuation, in the vvliole of its present form and 
 tenor, will insure that confidence between his Majesty's 
 government and his subjects in Canada, which is the safe- 
 guard of the former, and of tiie interests of the public, in 
 themselves inseparable. 
 
 " A mature consideration of this act, and that for estab- 
 lishing regulations respecting aliens, and certain subjects of 
 his Majesty, who have resided in France, will become the 
 objects of our most serious attention ; and we will equally 
 keep in mini!, all such measures as will secure that mutual 
 confidence, which we consider as the firmest support of the 
 government; being convinced with your Excellency, that 
 its preservation is the safety of the province, and its security 
 the best plcdijo of the public tranquillity. 
 
 " Fully convinced that it is the most sincere wish of your 
 Excellency to cultivate that harmony and good understand- 
 ing, which is so conducive to the prosperity and happiness 
 of the colony, we shall cheerfully concur in any measure 
 tending to promote these important objects ; objects more 
 difficult to be obtained in this province, than any other of 
 his Majesty's colonies, from the difference in opinions cus- 
 toms and prejudices, of his Majesty's subjects residing 
 therein. 
 
 " We reflect with pain on the efforts which are made to 
 represent in false colors, an*' in a manner wide of the truth, 
 the opinions and sentiments of different classes of his Majes- 
 ty's subjects in this province. 
 
 "Following your excellency's example, let every one 
 fulfil his duty to our august sovereign, by an unremitting 
 attention to the interests of his government, and the happi- 
 ness of his subjects in this colony ; and he will feel that a 
 fctrict adherence to the laws and principles of the constitu- 
 tion, and a firm support of the equal rights and privileges of 
 every branch of the legislature, are the sole means of securing 
 to his Majesty's subjects in this province, the full and entire 
 enjoyment of their liberty, religious opinions and property ; 
 
 I 
 
 = I "■ 
 
I'lich prevail 
 nnd faithful 
 Mis act, will 
 |an determine 
 't form and 
 |is Majesty's 
 is the safe- 
 [e public, in 
 
 at for GBtab- 
 n subjects of 
 
 become the 
 will equally 
 
 that mutual 
 Jpport of the 
 ^ilency, that 
 d its security 
 
 wish of your 
 iinderstand- 
 ^d ha])piness 
 ny measure 
 'bjects more 
 ny other of 
 pinions cus- 
 icts residing 
 
 re made to 
 of the truth, 
 rhis JVJajes- 
 
 every one 
 unremitting 
 the happj. 
 eel that a 
 B constitu- 
 rivileges of 
 of securing 
 and entire 
 
 property ; 
 
 329 
 
 and which cannot be more perfectly confirmed to them, (^.^j, 
 than by the free constitution which it Ins pleased his most XIII. 
 gracious Majesty and his parliament to grant to this pro. v-*-^-*-. 
 vince.*' 1810. 
 
 Wo-ds can scarcely imply a more direct dis- 
 approval of the recent meas 'res of the Gover- 
 nor, who felt the force of their reflections, and 
 replied in a way which left no room in their 
 minds to doubt of his resolution to prosecute 
 the renewal of the act in question. He re- 
 turned them his acknowledgments for the sen- 
 timents of loyalty, and the good intentions to 
 promote the interests of his Majesty's govern- 
 ment, and the welfare of their fellow subjects, 
 expressed in their address : — 
 
 ** I shall at ail times" — said he, — "receive with atten- 
 tion any inforn.ation or advice that the house of assembly 
 may think proper to convey to me : in the present instance, 
 however, 1 feel myself called on to observe, that my infor- 
 mation of J^the stale of the province does not warrant that 
 which you say you think it your duty to give me, of the 
 existence of fears and apprehensions, with relation to the 
 execution of the act for the better preservation of hie 
 Majesty's government, at least as applied to the people in 
 general. If such fears and apprehensions exist, are they 
 not confined to those who are aware of the possibility of 
 themselves becoming obnoxious to the operation of the act ? 
 the voice of such will be always loud ; and may not their 
 clamour have misled you to suppose them more numerous 
 than I suppose they really are 1 But with regard to the good 
 people of the province, I am so far from thinking that they 
 feel any apprehensions on the subject, that I date the sub- 
 siding of the f^^rment that then existed, and the restoration 
 of the calm that has since prevailed among them, precisely 
 from the moment at which the execution of the act took 
 place. Similar means to those formerly employed might 
 again revive the one and disturb the other, and none perhaps 
 
 E e 2 
 
 ' 
 
 lil 
 
 iMi 
 
 k^ 
 
 '<^'^^*' ■■ ' ■- 
 
330 
 
 I'f^ 
 
 ¥i 
 
 nh 
 
 
 \( ; 
 
 u 
 
 Chap, would be more effectual for the purpose than infusing amongst 
 XIII. them the fears and apprehensions to which you have 
 ^-"^'-^ alluded. Simple and uninstructed as they are, however, I 
 1810. shall trust to their good sense for its being found difficult to 
 shake their confidence in his Majesty's government, because 
 they find it exercising for their protection the means with 
 vvliich it is intrusted by law, or because they see that govern- 
 ment armed with the power, and ready to step forward should 
 it become necessary, to crush the arts of faction or to meet 
 the machinations of treason. Viewing your address in the 
 light of an answer to my speech, I must remark that I have 
 been misunderstood in it. 
 
 " The harmony and good understanding which I expressed 
 myself desirous of cultivating, was that harmony and good 
 understanding between me and the other branches of the 
 legislature which must be so conducive to the prosperity 
 and happiness of the colony. Whereas I perceive you have 
 applied the expression more generally to the existence of 
 these principles in the community at large. This would be 
 no otherwise of consequence than as it has furnished you 
 with the opportunity of bringing forward a sentiment in 
 which I desire most cordially and truly to express my entire 
 concurrence. I shall join with you in feeling pain in every 
 instance in which the passions of any one part of his Ma- 
 jesty's subjects shall lead them to represent in false colours, 
 and in a manner wide of truth the opinions and sentiments 
 of any other part of their fellow subjects. Without any refe- 
 rence to example, let every one as you say,do his duty to the 
 king and to the public, and as you express yourselves aware 
 of the greater difficulty that exists in this province in the 
 attainment of the important object in question, so I confi- 
 dently trust I shall find you on all occasions exerting with 
 advantage the superior opportunity which is afforded you by 
 your situation as representatives of the people for promoting 
 and cultivating those true principles of affection and attach- 
 ment that may unite us as a free and happy people.' ^ 
 
 This sarcastic reply of the Governor stung 
 them to the quick, but they were too well 
 acquainted with his firmne to disregard his 
 
331 
 
 ii [■ 
 
 m 
 
 1810. 
 
 remarks. The acts recommended by the Gover- , ■ 
 nor were first introduced and passed in the xiil 
 legislative council, from whence they were 
 sent down to the lower house, where also they 
 were passed with unusual speed, although the 
 detention of one of their members in prison 
 was the cause of much murmuring and disgust. 
 This obnoxious act was therefore reluctantly 
 continued with the old salvo in favor of the 
 rights and privileges of either house, and of 
 the members of the provincial legislature ; it 
 being thereby provided that no member of 
 either house should be imprisoned or detained 
 during the sitting of parliament, until the mat- 
 ter of which he stood suspected was first com- 
 municated to the house of which he might be 
 a member, and the consent of that house ob- 
 tained for his commitment or detention. This 
 clause not having a retrospective effect, the 
 Governor still persisted in detaining the mem- 
 ber in confinement. His views on the occa- 
 sion will appear presently. 
 
 These preliminaries over, the house went to 
 work. A series of resolutions respecting Mr. 
 Bedard was passed, in which it was stated, — 
 " that by a warrant issued f'^om the executive 
 council of the province, signed by three mem- 
 bers thereof, the said Pierre Bedard, esquire, 
 was, on the 19th day of March last, apprehend- 
 ed and committed for treasonable practices, 
 and still continues to be detained in the com- 
 mon gaol of Quebec by virtue of the said 
 warrant. 
 
 
 ill tl 
 
332 
 
 Mi^ 
 
 'f t 
 
 V 1 
 
 n& 
 
 Chap. « Tjjat the said Pierre Bedard was elected 
 s^^v^ on the 27th of March last, and returned as one 
 1810. of the knights representative of the county of 
 
 Surrey. 
 " That the said Pierre Bedard is now one 
 
 of the members of this house for the present 
 
 parliament: — 
 
 " Resolved, — That it is the opinion of this committee, 
 that the simple arrest and detention of any one of his Ma- 
 jesty's S'jbjects, under and by virtue of the authority of the 
 temporary act of the provincial parliament, intituled, " An 
 act for the better preservation of his Majesty's government, 
 as by law happily established in this province," does not 
 bring him under the description of those who are declared 
 incapable of being elected to serve in the house of assem- 
 bly, by the 23d clause of the act of the parliament of Great 
 Britain, of the 31st year of his present Majesty, chap. 31. 
 
 " Resolved, — That it is the opinion of this committee, 
 that the provisions of the temporary act, intituled, " An act 
 for the better preservation of his Majesty's government, as 
 by law happily established in this province,'' guarantees to the 
 said Pierre Bedard, esquire, the right of sitting in this house.* 
 
 • In the act alluded to, there is a clause which it is probable the 
 assembly built upon, as follows : — 
 
 " Provided always, and be it enacted by the authority aforesaid, 
 that nothing in this act shall extend or be construed to invalidate or 
 restrain the lawful ris^hts and privilejres of either branch of the pro- 
 vincial parliament in this province." Jurists may determine whe- 
 ther the assembly were right in their interpretation, or not ; but it is 
 certain that the governor, who was no lawyer, (as he himself fre- 
 quently said) paid no attention to it whatever. 
 
 The bill passed this session contained the same provision, but under 
 the following words, as sent from the council : — 
 
 " Provided always, that nothing in the said (the above) act con- 
 tained, shall extend or be construed to invalidate or restrain the 
 lawful rights and privileges of either branch of the provincial parlia- 
 ment in this province, or to the imprisoning or detaining of any mem- 
 ber of either house of the said provincial parliament, during the silting 
 of such parliament, until the matter of which he stands suspected be 
 first cominunicated to the house of which he is a member, and the 
 consent of the said house obtained for his commitment or detaining." 
 This was the last appearance of this obnoxious bill in parliament, 
 which refused to renew it, at the ensuing session. 
 
333 
 
 elected 
 1 as one 
 unty of 
 
 ow one 
 present 
 
 ommittee, 
 
 f his Ma- 
 
 rity of the 
 
 led, « An 
 
 )vernment, 
 
 ' does not 
 
 ! declared 
 
 of assem- 
 
 nt of Great 
 
 chap. 31. 
 
 committee, 
 
 "An act 
 
 mnient, as 
 
 ntees to the 
 
 his house.* 
 
 probable the 
 
 y aforesaid, 
 invalidate or 
 1 of the pro- 
 rmine whe- 
 lot ; but it is 
 himself fre- 
 
 m, but under 
 
 ve) act con- 
 restrain the 
 incialparlia- 
 )f any mem- 
 ig the sitting 
 suspected be 
 ber, and the 
 detaining." 
 parliament, 
 
 " Resolved. — That it is the opinion of this committee, that chap, 
 an humble address he presented to his excellency the gover- XIII. 
 nor in chief, to acquaint his excellency that this house have «>-v-^ 
 taken into serious consideration his excellency's message of ^^^l* 
 the thirteenth instant, and have accurdinirly passLul several 
 resolutions, which they conceive to be their duty to submit 
 to his excellency ; and that it is the wish of this house, 
 should his excellency not deem it proper to lay before them 
 any further communication on this subject, that Pierre 
 Bedard, esquire, knight representative for the county of 
 Surrey, may take his seat in this house." 
 
 These were carried by a vote of 20 to /3, 
 and a committee consisting of Messieurs Bour- 
 dages, Papineau, senr., Ballet, Papineau, junr., 
 Debartzch, Vigor, Lee, and Bruneau, was 
 appointed to present the address to his excel- 
 lency, which it seems, however, they took 
 especial car'^; not to do, as we find, by referring 
 to the journals of the house, in which the 
 following proceedings with respect to it 
 appear. 
 
 It was ordered, on the 5th of January, 1811, 
 " that the members named by the house to 
 present to his excellency the governor in chief 
 the address voted i)y this house to his excel- 
 lency, on the 24th December last, do, on 
 Monday next, acquaint this house with their 
 proceedings thereon." Accordingly, on the 
 day appointed,we find it stated on the journals, 
 " that Messieurs Bourdages, Debartzch, Bru- 
 neau and Lee, four of the members named to 
 present the said address, acquainted the house 
 that to their knowledge the said address had not 
 been presented to his excellency officially." — 
 Besides this, " Mr. Viger, Mr. Bellet, and Mr, 
 
 f 
 
■SI ilrl 1:^ 
 
 m I'; 
 
 mi 
 
 -„.S4 
 
 y- 
 
 334 
 
 Chap. Papineau, junior, three of the members named 
 
 ^J^to present the said address, acquainted the 
 
 1811. house that they were never required agreeably 
 
 to the custom of this house, to wait on 
 
 his excellency and present to him the said 
 
 address," 
 
 " Mr. Borgia moved to resolve, seconded 
 by Mr. Huot, that an enquiry be made of 
 the causes for which the messengers did 
 not ofiicially present the address voted by 
 this house, on the 24th J3ecember last, to his 
 excellency the governor in chief." — " Mr. 
 Coffin moved in amendment, seconded by Mr. 
 Bowen, to leave out all the words after "///a/," 
 and insert, " the said messengers be discharg- 
 ed from presenting the said message." — " Mr. 
 Papineau, senior, moved, seconded by Mr. 
 Debartzch, that the consideration of the main 
 question and of the question in amendment be 
 adjourned," upon which the house divided, 
 yeas 16, nays 13 — and it being carried in the 
 affirmative, the matter was accordingly ad- 
 journed, and no more agitated during the 
 session. The solution of the above will appear 
 at the close of this chapter; as explained by his 
 excellency himself. 
 
 The repairs to the ancient casde St. Lewis, 
 for which, at a previous session, an appropria- 
 tion of i)7,000, currency, was made, had cost 
 £14,980, more than double the sum appro- 
 priated for the purpose ; but, upon examina- 
 tion of the details of expenditure, the difference 
 
 M 
 
335 
 
 s named 
 nted the 
 greeably 
 wait on 
 the said 
 
 econded 
 made of 
 ers did 
 oled by 
 ^t, to his 
 -" Mr. 
 3 by Mr. 
 r 'Hhat,'" 
 lischarg- 
 '— " Mr. 
 by Mr. 
 the main 
 hnent be 
 divided, 
 d in the 
 igly ad- 
 ring the 
 11 appear 
 id by his 
 
 . Lewis, 
 •propria- 
 had cost 
 I appro- 
 jxamina- 
 ifference 
 
 was cheerfully made up by the assembly a day chap. 
 or two previous to the prorogation.* ^"^• 
 
 Several acts of importance were passed this 7^ 
 session and received the royal sanction, includ- 
 ing that known as the " gaols' bill," a very 
 productive revenue act, yielding the last year. 
 (ISIO), upwards of twenty-two thousand 
 pounds, currency, and about to expire, but now 
 temporarily continued. The erection of a par- 
 liament house on the proceeds of it was con- 
 templated, and fifty thousand pounds were 
 accordingly voted for the purpose, which vote 
 however, never took effect, the necessities of 
 the public service, in the war with the United 
 States, which soon after followed, absorbing 
 the whole.f Besides the alien act, and that 
 " for the better preservation of the govern- 
 ment," the militia act was continued to the first 
 
 * '' Resolved, — That an humble r.,(ldre.ss be presented to his excel- 
 lency the <i;overuov in chiel', prayinj; his excellency that he will be 
 pleased to order that the sunriol' X798() lOs. Ijd.. currency, be taken 
 out ol' any unappropriated monies which are now, or rnay hereatter 
 be, in the hands of the receiver aeneralof this province, to be applied 
 to disc bar 2;e and cover the deliciency which has arisen between the 
 sum of £7 ,000, currency, granted by the act of the forty-eii>hth of hif 
 Majesty, chapter thirty-fourth, for repairing" and ameliorating the 
 ancient cast! • of St. LeMis, and the ?um of jL'14,98') 19s. IJd, cur- 
 rency, to which the said repairs and ameliorations do amount ; and 
 that this house will, at the nextses&ion of the legi.slature make good 
 the same." 
 
 f '' Resolved, — That it is e:' pedient to erect, either together or sep;;- 
 rately, and successively, one or more building or buildings, lor the 
 purpose of holding with dignity, and in a suitable and advantageous 
 manner, the sittings of th(! legislature, with the offices and necessary 
 dependencies ; and also for hok'.ingthe sittings of the executive coun- 
 cil, with its offices and necessary de])endencies, and the offices of the 
 secretary of the province, and of the surveyor general. 
 
 " Resolved, — That a stun not less than fifty thousand pounds, cur- 
 rency, will be necessary to carry into execution the resolutions taken 
 by this committee." 25//i February, 1811. 
 
 i it 
 

 336 
 
 Kir 
 
 m 
 
 i: • , 
 
 1811 
 
 Chap, of March, 1813, and to the end of the war, 
 xiii- invasion, or insurrection, if any there should 
 then be. The bill to disqualify judges, and 
 rendering them ineligible to the assembly, also 
 passed both houses and received the royal 
 sanction, a measure highly satisfactory to the 
 public. On the whole, the session went off 
 remarkably well, and with every appearance 
 of cordiality between the executive and the 
 popular branch. 
 
 The public business being brought to as 
 favorable a close as need be desired, his excel- 
 lency prorogued the legislature on the 21st of 
 March, with a s[)eech, that, like all his previous 
 speeches, though rather long, prosy, and perhaps 
 unnecessarily admonitory, was remarkable, and 
 which, to do it no injustice, we insert at full 
 length. It is the best testimony that can be 
 resorted to for his opinion of the country and 
 times in which he governed it, and of his own 
 administration of the government : — 
 
 " Gentlemen of the legislative council, and gentlemen of 
 the house of assembly : — 
 
 " After so long and so hihorioua a session, I feel great 
 pleasure in being able to relea::? you from any further at- 
 tendance, and that you can return to your constituents with 
 the satisfactory consciousness of not having neglected their 
 service, or overlooked tiieir interests, in the various acts 
 that you have presented to me for his Majesty's assent. 
 
 *' Upon the slate of our public affairs, the difficulty of 
 communication with Europe has, this winter, appeared to 
 be greater than usual, probably owing to the impediments 
 thrown in the way of the american commerce, by the acts 
 of their government. I have therefore little to communicate. 
 The feelings which would otherwise have attended the 
 much lamented deuth of an amiable Princess, were almost 
 
 
 i 
 
337 
 
 be war, 
 should 
 es, and 
 )ly, also 
 e royal 
 ^ to the 
 v\'ent off 
 earance 
 and die 
 
 t to as 
 s excel- 
 21st of 
 previous 
 perhaps 
 ble, and 
 t at full 
 can be 
 itry and 
 his own 
 
 ntlemen of 
 
 I feel great 
 rurlher at- 
 uents with 
 cted their 
 irious acts 
 •sent. 
 
 i flic 111 ty of 
 ippeared to 
 1 pediments 
 3y the acts 
 imunicate. 
 ended the 
 ere almost 
 
 1811 
 
 lost in the contemplation of the afflicting calamity by which chan. 
 that event was followed, in the alarming indisposition of our XIII. 
 revered Sovereign. Let us place our confidence in the ^--^-^ 
 mercy of God, and trust that he will, in his gracious dis- 
 pensation, realise those hopes, that are held out to us by 
 the last accounts that we have received, of his being speed- 
 ily restored in health, to his grateful people. 
 
 " It is scarcely necessary that I should observe upon a 
 new act of non-intercourse, or non-importation, with re- 
 spect to Great Britain, which has passed in the american 
 congress. By what I can understand, the best of their 
 lawyers are divided in their opinion as to its operation. 
 With us, however, I fear there can be no difference -of sen- 
 tirnent, as to its being a branch of that system of partial and 
 irritating policy, which has so long marked their public pro- 
 ceedings towards us. The bill which you have so wisely 
 passed, for preventing the nefarious traffic that has been but 
 too long carried on, in the forgery of their bank notes, will 
 at least prove, that you have not suffered any sentiment of 
 resentment to weigh against those principles of liberal justice 
 with which you are at all times animated towards them. 
 
 " I have, gentlemen, to thank you, for the provision that 
 has been made for the payment of the expenditure that has 
 been incurred in the providing a habitation for your gover- 
 nor, beyond the sum originally voted for the purpose. Hav- 
 ing takjn this step upon myself, in the confidence I placed 
 in the liberality of Parliament, I feel however some anxiety, 
 that the good people of the province should know, that the 
 expenditure has been conducted, by the gentlemen ap- 
 pointed to act as commissioners, with an economy that has 
 saved some thousands of pounds, and, with respect to my- 
 self, under the knowledge that there existed funds, by which 
 it could be answered, without laying any additional burthen 
 upon them. 
 
 " Among the acts to which I have just declared his 
 Majesty's assent, there is one which I have seen with 
 peculiar satisfaction. 1 mean the act for disqualifying the 
 judges from holding a seat in the house of assembly. It is 
 not only that I think the measure right in itself, but that I 
 consider the passing an act for the purpose, as a complete 
 renunciation of the erroneous principle, the acting upon 
 
338 
 
 u 
 
 
 'fj 
 
 f!-< 
 
 i 
 
 \'i. 
 
 I8H. 
 
 Chap, which, put me under the necessity of dissolving the last 
 Xlli. pariianieot. 
 
 " Gentlemen, you are now about to return to your homes, 
 and to mix agsin in the common mass of your fellow citi- 
 zens ; let me entreat you to reflect upon the good that may 
 arise from your eflbrts to inculcate those true principles of 
 regularity and submission to the laws, that can alone give 
 stability to that degree of happiness which is attainable in 
 the present statt of society. Your province is in an unex- 
 ampled \ )g s of prosperity: riches are pouring in upon 
 thepeop;-'. bu 'leir attendant evils, luxury and dissipation, 
 will inevit, . i.c iO'Mpany them ; the danger of these is too 
 well known, to reij^.e that I should detain you, by enlarg- 
 ing upon it ; it will demand all the efforts of religion, and 
 of the magistracy, with the scarcely less powerful influence 
 of example and of advice in the well disposed and better 
 informed, to counteract their effects, to preserve the public 
 morals from sudden relaxation, and, finally, to bar the 
 entry to crime and depravity. 
 
 " A large tract of country, hitherto little known, has 
 been opened to you ; its inhabitants are industrious and in- 
 telligent, and they cultivate their lands with a productive 
 energy, well calculated to increase the resources of the 
 colony. Let them not on these grounds be objects of envy 
 orof jealousy ; rather let them be examples, to be carefully 
 watched and imitated, 'till, in the whole province, no other 
 difference of fertility shall appear, but what may arise from 
 variety of soil, or difference of climate. 
 
 " And now, gentlemen, I have only further to recom- 
 mend, that as in an early part of the session, you yourselves 
 took occasion to observe on the difficulty of the task, you 
 will proportionally exert your best endeavors to do away all 
 mistrust and animosity from among yourselves ; — while ihese 
 are suffered to remain, all exertion for the public good must 
 be palsied. No bar can exist to a cordial union— religious 
 differences present none — intolerance is not the disposition 
 of the present times — and, living under one government, 
 enjoying equally its protection and its fostering care, in the 
 mutual intercourse of kindness and benevolence, all others 
 will be found to be ideal. I am earnest in this advice, gen- 
 lemen. It is probably the last legacy of a very sincere 
 
339 
 
 ng the last 
 
 rour homes, 
 
 fellow citi- 
 
 1 that may 
 
 rinciples of 
 
 alone give 
 
 ttainable in 
 
 n an unex- 
 
 ng in upon 
 
 tliijsipation, 
 
 these is too 
 
 > by enlarg- 
 
 eligion, and 
 
 ul influence 
 
 and better 
 
 1 the public 
 
 to bar the 
 
 known, has 
 ous and in- 
 productive 
 rces of the 
 cts of envy 
 be carefully 
 ze, no other 
 V arise from 
 
 to recom- 
 Li yourselves 
 e task, you 
 do away all 
 -while ihese 
 z good must 
 fi — religious 
 
 disposition 
 government, 
 •are, in the 
 
 all others 
 idvice, gen- 
 'ery sincere 
 
 well-wisher, who, if he lives to reach the presence of his chap, 
 wsovereign, would indeed present himself with the proud XIII. 
 certainty of obtaining his approbation, if he could conclude ^--v— 
 his report of his administration, with saying: I found, 181 1. 
 sire, the portion of your subjects thai ycj committed to my 
 charge, divided among themselves, viewing each other with 
 mistrust and jealousy, and animated, as they supposed, by 
 separate interests. I left them, sire, cordially united, in 
 the bonds of reciprocal esteem and confidence, and rivalling 
 each other only in afFectioiiate attachment to your Majesty's 
 government, and in generous exertions for the public 
 good." 
 
 In this, as well as in former speeches to the 
 legislature, we find the sentiments of an h n^ n, 
 frank, and philanthropic mind. Altho''2:h e 
 was thought by many to have bee' mder 
 the influence of party, he was certainly i iC^n- 
 scious of it, himself. — But by pre sf'on a 
 soldier, and accustomed to war and campaign- 
 ing, the busy scenes of which he had just 
 left, on coming to Canada, he could not, per- 
 haps, divest himself of its prejudices, nor while 
 in a country where french was the general lan- 
 guage, but feel himself, from recent associa- 
 tions in his mind, surrounded by enemies, — a 
 sentiment which some of those about his per- 
 son, it is not unlikely, may have made it a busi- 
 ness to keep alive. His excellency received, 
 T^revious to the prorogation of the legislature, 
 intimation of the king's compliance with his 
 request to be relieved of the government 
 on account of his declining health ; tidings, not 
 less agreeable, it must be acknowledged, to 
 those whose licentiousness he had curbed, . 
 than to himself, tired as he seems to have been 
 
340 
 
 Chaw, of public life, and worn down in the service of 
 
 ^"^ his king and country. 
 
 i7iT Shortly after the prorogation of parliament, 
 the prison door was left open to Mr. BedarJ. 
 — By some his release was attributed to 
 orders from his Majesty's ministers to that 
 effect ; by others to a conviction in the mind 
 of the governor of his innocence, or, at least, 
 of his having made ample atonement for his 
 errors, by the length and duress of his confine- 
 ment. But the following allocution (the authenti- 
 city of which may be relied upon, as taken from 
 the governor's own autograph on the matter,) 
 wiih respect to that gentleman, to his executive 
 council, shortly after the prorogation, eluci- 
 dates the subject as amply as can be desired : — 
 
 "Gentlemen — In calling 5'oiir attention to the imprison- 
 ment of Mr. Bedard, 1 am desirous of taking the opportunity 
 of offering a brief recapitulation of the several circumstances 
 that have attended it, with the view of leaving upon the 
 proceedings of the board a record of the motives by which I 
 have been actuated in the transaction. 
 
 " It is not necessary that I should advert to the orcasion 
 of this gentleman's confinement ; it must be perfectly in your 
 recollection, and I believe no circumstance has since taken 
 place to cast a doubt on the expediency of the measure. In 
 the unanimity of the opinions, by which it was effected, I 
 felt confirmed in that which I had already formed, as to 
 the necessity of steps being immediately adopted to check 
 the mischief, with which we were threatened ; for it must 
 always be kept in view that Mr. Bedard's detention was a 
 measure of precaution not of punishment, to which he could 
 be subjected only by a decision of the laws of his country. 
 
 "Upon this principle the other persons who were 
 imprisoned at the same time, with Mr. Bedard, having 
 expressed their conviction of their error — I did not hesitate 
 
341 
 
 3rvice of 
 
 rliament, 
 
 Bedard. 
 buted to 
 
 to that 
 the mind 
 
 at least, 
 nt for his 
 5 confine- 
 authenti- 
 iken from 
 
 matter,) 
 jxecutive 
 n, eluci- 
 jsired : — 
 
 ; im prison- 
 opportunity 
 cumstances 
 upon the 
 »y vvhicii I 
 
 e orcasion 
 ctly in your 
 ince taken 
 asure. In 
 effected, I 
 Tied, as to 
 d to ciiecii 
 "or it must 
 lion was a 
 zh he could 
 is country, 
 who were 
 ird, having 
 ot hesitate 
 
 to consider their having done so a sufficient security for their (jij^ip 
 not reverting to the same conduct, and it appearing that the XIII. 
 healths of both of them were in danger of being affected by v-^^^^ 
 their confinement, I was from that circumstance the more iBll. 
 readily induced to propose, and you concurred, in their 
 being released upon their giving security, for their forthcom- 
 ing, had it been necessary to call upon them. 
 
 *•' Upon the same principle, 1 have no doubt, you vvouUi 
 as readily have agreed with me, in as early a liberation of 
 Mr. B. — but having laid before you a petition which that 
 gentleman had presented me, it did not appear to any one 
 of us, to be of a nature to hold out the same expectation of 
 his abstaining from the conduct against which, precaution 
 was held to be necessary. As I did not think it proper to 
 return any answer to his petition, my not doing so, produced 
 a sort of communication between him and Mr. Foy*, to 
 which it does not seem necessary to advert any farther 
 than as regards the mode in which 'i concluded. It appear- 
 ing to me that he was desirous of knowing what was 
 expected oC him ; I sent for his brother, a cur6, who 1 
 understood was in town, and in presence of one of the 
 members of the board, now present, I authorized him to 
 acquaint his brother with the motives which had induced 
 his confinement, and that looking only to the security 
 of his Majesty's government and the public tranquillity — 
 1 had no wish that it should continue one moment beyond 
 what was required by those objects ; — that the moment he 
 expressed a sense of his error, in what he had done,! I 
 should consider that as a sufficient security for his not return- 
 ing to the same dangerous course, and would immediately 
 propose liis enlargement to you. His reply, through the 
 same channel, was couched in respectful terms, but de- 
 clined admitting an error of which he did not feel that lie 
 had been guilty. 
 
 " Mr.. Bedard having been re-elected into the provincial 
 parliament, it was not difficult to foresee that his imprison- 
 ment would become an object of discussion, when that 
 
 * The governor's secretary, in the absence of Mr. Ryland, who 
 was then in England. 
 
 I What had he done 1 there is no clue to that, nor distinct allegation 
 ol anything criminal beyond the indefinite one of treasonable practices. 
 
 f/ 2 
 
ISII 
 
 
 M 
 
 342 
 
 Ch.\\). assembly met. It therefore became also a subject of serious 
 ^^^^ consideration, on my part, the result of which was a 
 ' determination to pursue a line of conduct —to the particulars 
 of which it is not necessary here to advert, as it would be 
 only anticipating an account of them, which I shall have 
 occasion shortly to give, and in which I can only use itie 
 very words, which, 1 should otherwise now employ. 
 
 " You are all aware of the part taken by the house of 
 assembly, on the occasion. 1 had already been furnished 
 with a copy of the resolutions into which they had entered, 
 and was in the daily expectation of their being presented, 
 when I received an application from one of the leading 
 members, that I would admit him to a conference ; this vva^ 
 the elder Mr. Papineau, member for Montreal, and the 
 subject was these very resolutions. — It would be irrelevant 
 to my present object to refer to our conversation, any other- 
 wise, than as it drew from me my final delerminntion, and 
 the motives on which that determination was founded, which 
 I gave to him in the following words : — " no consideration, 
 air, shall induce me to consent to the liberation of Mr. 
 Bedard, at the instance of the house of assembly, either as 
 a matter of right, or of favor, nor will I now consent to his 
 being enlarged on any terms during the sitting of the present 
 session, and I will not hesitate to inform you of the motives 
 by which I have been induced to come to this resolution. I 
 know that the general language of the members has 
 encouraged the idea which universally prevails, that the 
 house of assembly will release Mr. Bedard ; an idea so 
 firmly established that there is not a doubt entertained upon 
 it in the province; — the time is therefore come when I feel 
 that the security as well as the dignity of the King's govern- 
 ment imperiously require that the people should be made to 
 understand the true limits of the rights of the respective 
 parts of the government, and that it is not that of the house 
 of assembly to rule the country.'' 
 
 " In rendering this account of my conversation with Mr. 
 Papineau, in so far as relates to the subject in question, I 
 have laid before the board the true grounds on which I 
 have hitherto acted in it, to which 1 may add — that I have 
 thought it necessary further to abstain from taking any 
 measures towards the enlargement of Mr. Bedard, till the 
 
ect of serious 
 hich was a 
 he particularH 
 it would be 
 I »hall have 
 only use the 
 I ploy. 
 
 he house of 
 en furnishoil 
 had entered, 
 g presented, 
 
 the leading 
 ice ; this wacj 
 eal, and the 
 be irrelevant 
 I, any other- 
 )inntion, and 
 mded, which 
 consideration, 
 tion of Mr. 
 bly, either as 
 3nsent to his 
 f the present 
 f the motives 
 esolution. I 
 lembers has 
 lils, that the 
 
 an idea so 
 rtdined upon 
 
 when T feel 
 ing's govern - 
 I be made to 
 le respective 
 of the house 
 
 ion with Mr. 
 question, I 
 on which I 
 -that I have 
 1 taking any 
 lard, til! the 
 
 343 
 
 several members should have reached their respective homes, ^^j , 
 when it would appear to be impossible by any mia-representa- xill. 
 tion of theirs, for them to ascribe it to the interference of the ■^.-^ 
 assembly. tsii. 
 
 " This object being now perfectl"- accomplished, and a 
 pretty general tranquillity reigning in the province, I submit 
 to your consideration whether the time be not arrived al 
 which it is proper to put an end to the confinement of Mr. 
 Bedard." 
 
 He was accordingly released. 
 
 On the 19th of June, 1811, the governor 
 embarked on board H. M. S. Amelia, for Eng- 
 land ; leaving Mr. Dunn again in charge of the 
 government, and lieutenant-general Drummond, 
 in command of the forces in the Canadas, con- 
 sisting of 445 artillery, 3783 regular troops, and 
 1 ,220 fencibles, in all 5,454 men. He is said 
 to have expressed, at the moment of his depar- 
 ture, a reflection on the deception, and ingra- 
 titude of mankind ; declaring that he had 
 experienced more of these human imperfec- 
 tions in Canada, than in the whole course of 
 his life before coming to it : but whether his 
 observations were intended to be general, or 
 aimed at some of those immediately concerned 
 with him in the conduct of public affairs, we 
 are left to imagine. His health had long been 
 wasting away with a dropsy and other infir- 
 mities c ontracted in the service of his country, 
 and he doubted whether he should live to see 
 the end )f his voyage to England, which, 
 however, he survived some months. * Lan- 
 
 * Sir James H. Craig died in England, in the month of .Tar.ua ry, 
 1812, aged 62 years, having entered the service of his country in 
 1763, at the early age of 15 years. He was of a respectable Scottish 
 
344 
 
 J • !i 
 
 ii^l 
 
 I'rl \ 
 
 4Wi' 
 
 Chap, guage could not convey to him addresses 
 ^^^^- more gratifying than those, which, previous to 
 his departure, he received from different quar- 
 
 181 
 
 family, the Craigsol" Dalnair and Costarton, and born at Gibraltar, 
 where his father held the appointment of civil and military judge. 
 In 1770, he was appointed aid-de-camp to general Sir Robert Boyd, 
 then Governor of Gibraltar, and obtained a company in the 47th 
 regiment, with which he w^ent to America in 1774, and was present 
 at the battle of Bunker's hill, in which latter engagement he was 
 severely wounded. In 1776, he accompanied his regiment to Canada, 
 commanding his company in the action of Trois Rivieres, and he after- 
 wards commanded the advanced guard of the army in the expulsion of 
 the rebels in that province. In 1777, he was engaged in the actions 
 at Ticonderoga and Hubertown, in the latter of which engagements 
 he was again severely wounded. Ever in a position of honourable 
 danger, he received a third wound in the action at Freeman's farm. 
 He was engaged in the disastrous affair at Saratoga, and was thejj 
 distinguished by Gen. Burgoyne, and the brave Fiaser, who fell in 
 thnt action, as a young officer who promised to attain to the very 
 height of the military career. On this occasion he was selected by 
 Gen. Burgoyne to carry home the despatches, and was immediately 
 thereafter promoted to a majority in the new 82d regiment, which he 
 accompanied to Nova Scotia in 1778, to Penobscot in 1779, and to 
 North Carolina fin 1781 ; being engaged in a continued scene 
 of active service during the whole of those campaigns, and gene- 
 rally commanding the light troops, with orders to act from his 
 own discretion, on which his superiors in command relied with 
 implicit confidence. In a service of this kind, the accuracy of his 
 intelligence, the fertility of his resources, and the clearness of his 
 military judgment, were alike conspicuous, and drew on him the 
 attention of his Sovereign, who noted him as an officer of the highest 
 promise. In 1794 he obtained the rank of Major General, and in the 
 beginning of the following year he was sent on the exj)edition to the 
 Cape of Good Hope, where, in the reduction and conquest of that most 
 important settlement, with the co-operation of Admiral Sir G. K. 
 Klphinstone, and Major General Clarke, he attained to the highest 
 pitch of his military reputation, and performed that signal service to 
 [lis King and country, of which the memory will be as lasting as the 
 national annals. Nor Avere his merits less conspicuous in the admirii- 
 i)le plans of civil regulation, introduced by him in that hostile quarter, 
 when invested with the chief authority, civil and military, as Gover- 
 nor of the Cape, till succeeded in that situation by the Earl ol 
 Macartney, in 1797, who, by a deputation Jrom his Majesty, invested 
 General Craig with the Red Ribbon, as an honourable mark of his 
 Sovereign's just sense of his distinguished services. Sir James Craig 
 had scarcely returned to England, when it was his Majesty's pleasure 
 to require his services on the staff" in India. On his arrival at Madras, 
 he was appointed to the command of an expedition against Manilla, 
 which not taking place, he proceeded to Bengal, and took the field 
 
iddresses 
 evious to 
 ent quar- 
 
 at Gibraltar, 
 lilitary judge. 
 Robert Boytl, 
 ■ in the 47fh 
 d was present 
 ment he was 
 mt to Canada, 
 , and he after- 
 e expulsion of 
 in the actions 
 engagements 
 3f honourable 
 eman's farm, 
 nd was then 
 , who fell in 
 to the very 
 s selected by 
 ; immediately 
 ;nt, which he 
 11779, and to 
 tinned scene 
 fis, and gene- 
 act from his 
 relied with 
 :uracy of his 
 >arness of his 
 on him the 
 ' the highest 
 I, and in the 
 edition to the 
 t of that most 
 al SirG. K. 
 the highest 
 al service to 
 isting as the 
 the admira- 
 )stile quarter, 
 •y, as Gover- 
 the Earl ol 
 3Sty, invested 
 mark of his 
 James Craig 
 ity's pleasure 
 al at Madras, 
 nst Manilla, 
 >ok the held 
 
 1811. 
 
 345 
 
 ters, in particular those of Quebec, Montreal, cimp 
 Three Rivers, the county of Warwick, and ^^^ 
 from Terrebonne. 
 
 The whole british population of Quebec 
 attended his excellency on his departure, from 
 the castle of St. Lewis for embarkation, tak- 
 ing from his carriage the horses, in the castle 
 yard, the multitude conveying it thence to the 
 king's wharf, where he embarked, under every 
 mark of affection and respect it was in their 
 power to shew him, and deeply affected by 
 their demonstrations of personal regard.* 
 
 service. During five years in India, his attention and talents were 
 unremittingly exerted to the improvement of the discipline of the 
 Indian army, and to the promotion of that harmonious co-operation 
 between its different constituent parts, on which not only the military 
 strength, but the civil arrangement of that portion of the british 
 empire so essentially depend. In January 1801 , Sir James Craig was 
 promoted to the rank of Lieutenant General, and returned to England 
 in 1802, he was appointed to the command of the eastern district and 
 remained in England till 1805, when, notwithstanding his constitution 
 was much impaired by a long train of most active and fatiguing service, 
 he was selected by his Sovereign to take the command of the british 
 troops in the Mediterranean. He proceeded to Lisbon, Gibraltar. 
 Malta, and from thence to Naples, to act in co-operation with thf 
 russian army. But the object of these plans being frustrated by th^ 
 event of the battle of Austerlitz, sir James withdrew the troops Irom 
 Naples to Messina, in Sicily. During the whole period of his com- 
 mand in the Mediterranean, he had suffered severely from that malady 
 which terminated his life — a dropsy, proceeding from an organic 
 affection of the liver ; and feeling his disease sensibly gaining ground, 
 he returned with his Sovereign's permission to England in 1806. A 
 temporary abatement of his disorder flattering him with a prospect of 
 recovery, and being unable to reconcile his mind to a situation of 
 inactivity, he once more accepted an active command from the choice 
 of his Sovereign, and in 1807, on the threatening appearance of 
 hostilities with the United American States, was sent out to Quebec, 
 as Governor in chief of British America. — (frum a memoir originally 
 published in Scotland.) 
 
 * " His excellency was received at the place of embarkation by 
 captain Irby, and after addressing in an appropriate manner, the 
 worthy men who had paid him the last service he was ever to receive 
 in this province, he gave signs of embarrassment for the first time 
 since his residence amongst us. His heart was full ; and his calm and 
 
 
'i 
 
 K 
 
 
 iii 
 
 
 
 1,1 
 
 
 1'' 
 
 
 
 te 
 
 I' 
 
 
 pj:(^ 
 
 1. 1 ,1 
 
 1 , • 5 
 
 346 
 
 Chap. On the eve of his departure, an action of 
 ^"^ damages was instituted on the part of several 
 J 311 of the proprietors of the " Canadien^^ press, 
 against the magistrate* who had seized it. This 
 action, however, proved abortive, owing to a 
 Haw in the proceedings, and was not renewed. 
 Sir James Henry Craig had been, from his 
 youth, in the service of his country, and ow ed 
 to merit alone, his rank and consideration in 
 the army. He had, upon several occasions, dis- 
 tinguished himself as an able officer, and stood 
 high in the estimation of his sovereign. He 
 was of an agreeable countenance,and impressive 
 presence, stout and rather below the middle 
 
 martial look subdued for an instant. He was not only about to ter- 
 minate an administration marked throughout by pure intentions and 
 s)iccessful results, — he was closing for ever a long career of useful 
 public life — he was taking leave of a whole community, whose esteem 
 lie had justly won, and looking for the last time on a few who had 
 been his companions inarms in various quarters of the world, and 
 particularlyonone,f who long since, and through many of the changes 
 of his life, had enjoyed his entire confidence and friendship. 
 
 "Whatever may now be said of this personage, will be spoken 
 across the grave. We shall never fix our eyes upon him again, nor 
 he ever more be approached by any of us. He has taken his seat in 
 history, where his fame will rise in proportion as he shall be judged 
 with igor. It will be found by a thousand evidences that he united 
 the genius of greatness with an ardent love of doing good ; and pos- 
 .sessed an association of talents seldom found in any individual. His 
 reigning passion was to perform his duty completely and conscienti- 
 ously ; his favorite amusement, to confer by acts of charity the means 
 of subsistence on the indigent, and to add to the relief of many in 
 declining circumstances. Every project, every act, whatever ob- 
 jects they might refer to, bore the impression of his character ; and if 
 one principle of it was stronger than another, it was <liscoverable in a 
 broad deep tone of benevolence, which reigned throughout the whole. 
 His appearance and address announced a superiority whichwas readily 
 admitted, because unequivocally felt ; and many who, from various 
 causes had frequent access to him, sensibly experienced the magic of 
 such an union of happy qualities." — Qticbec Mercury o/24M June, 181 1 . 
 
 * Thomas Allison, esqr., an old officer, and formerly a captain in 
 H. M. 5th regiment of foot, then a resident in Quebec, since deceased. 
 
 t Probably, Uieadjt. -general, Baynes. 
 
347 
 
 action of 
 f several 
 i" press, 
 lit. This 
 Ning to a 
 enewed, 
 from his 
 md owed 
 ration in 
 lions, dis- 
 ind stood 
 [2;n. He 
 ipressive 
 e middle 
 
 about to ter- 
 ntentions and 
 'eer of useful 
 ivhose esteem 
 few who hatl 
 le world, and 
 )f the changes 
 ,ip. 
 
 ill be spoken 
 ■n again, nor 
 m his seat in 
 lall be judged 
 hat he united 
 od ; and pos- 
 ividual. His 
 id conscienti- 
 ity the means 
 ' of many in 
 vhatever ob- 
 acter ; and i4 
 overable in a 
 at the whole. 
 ;hwas readily 
 from various 
 the magic of 
 tfi June, 181 1. 
 
 a captain in 
 nee deceased. 
 
 stature : manly and dignified, in deportment, (^^ap. 
 but social, polite, and affable : poshive in his xiii. 
 opinions, and decisive in his measures. — "J^ 
 Although hasty in temper, he was, like most 
 men who are so, far from implacable, and, as 
 we have seen, easily reconciled to those who 
 may have incurred his displeasure. Hospita- 
 ble and princely in his style of living, he was 
 also munificent in his donations to public insti- 
 tutions — and for charitable purposes — a gene- 
 rous patron — and, for the last we shall mention, 
 though not the least of his virtues, — a fiiend 
 to the poor and destitute, none of whom 
 applying at his threshold, ever went away 
 unrelieved. 
 
 In reverting to those times, after the lapse 
 of seven and thirty years, in the course of 
 which all the actors and most of the spectators 
 have disappeared, a dispassionate and perhaps 
 just opinion of the government of that day, 
 may now be pronounced. It was guided, or 
 rather misguided, to speak more aptly, by a 
 few rapacious, overbearing, and irresponsible 
 officials, without stake or other connexion with 
 the country than their offices ; having no sym- 
 pathy with the mass of the inhabitants or com- 
 munity of interests and feelings with them, 
 nor other claim or pretension to the people's 
 confidence and respect,than such as their places 
 together with the monopoly of the public 
 treasury,affi3rded them. They lorded it, never- 
 theless, over the people upon whose substance 
 they existed, and by whom, far from being 
 
i 
 
 '■ 
 
 , \ 
 
 ,; ■> 
 
 
 
 i?i 
 
 
 If 
 
 r >' 
 
 348 
 
 ^,^j3p confided in, they generally were hated. Their 
 XIII. offices, however, and particularly their com- 
 ^?^ niand of the treasury, over which the repre- 
 * sentadves of the country had not yet obtained 
 the controul that constitutionally appertained to 
 them, gave them a certain influence and aristo- 
 cratic standing, that did not belong to them, 
 and which placed them altogether in a false 
 position, according to all constitutional and 
 english notions of their true one. — Servants of 
 the government, they seemed to imagine them- 
 selves princes among the natives and inhabi- 
 tants, upon w^hom they affected to look dow^n, 
 estranging them as far as they could from all 
 direct intercourse, or intimacy, except through 
 themselves, with the governor, whose confi- 
 dence, no less than the treasury it was their 
 policy to monopolise, and to keep him as a con- 
 veniency in their own hands. — They saw with 
 dread, as a prelude to the downfall of iheir 
 power, the offer of the i.ssembly to defray the 
 necessary expenses ui t;.e civil government, 
 which, of course, would carry with it the right 
 of controlling those expenses, and necessarily 
 divest the officials of the possession of the 
 treasury, which constituted their greatness. 
 Much of the animosity of the times turned, it 
 should also be observed here, upon this vexed 
 question of the civil list, and which afterwards 
 contributed to involve the province in still 
 deeper troubles, fmally resulting in the union. 
 Arriving ir the country a stranger, the gover- 
 nor, however upright and independent he were, 
 
349 
 
 l. Their 
 eir com- 
 e repre- 
 obtained 
 tained to 
 id aristo- 
 to them, 
 n a false 
 )nal and 
 rvants of 
 ne tbem- 
 l inhabi- 
 )k down, 
 
 from all 
 : through 
 se confi- 
 /as their 
 tis a con- 
 avv with 
 
 of iheir 
 3 fray the 
 eminent, 
 the right 
 cessarily 
 of the 
 reatness. 
 irned, it 
 is vexed 
 terwards 
 in still 
 le union, 
 le gover- 
 he were, 
 
 (and no man could be more so than Sir J. H.chap. 
 Craig,) necessarily had to look for his informa- '^"^• 
 tion and advice in matters of state, from those he "j^ 
 found constituting his council, or whose official 
 stations brought them into immediate commu- 
 nication with him. — It was, indeed, his duty to 
 consult them, and cautious as he might be, he 
 could not long remain perfectly unimpressiona- 
 ble against his constitutional advisers, for such 
 they were. — Once in possession of his confi- 
 dence, the rest is easily imagined. Seeing 
 matters but as they saw or thought fit to repre- 
 sent them, that he would take his impressions 
 from them, and gradually their prejudices also, 
 it is but natural to suppose. They wielded the 
 powers and dispensed the patronage of govern- 
 ment, without any of its responsibility, which 
 rested entirely upon him, while the country 
 had no real or efficient check or conlroul 
 either upon him or them. There was no access 
 but through them to the governor's confidence, 
 and scarcely to his ear — no preferment, nor 
 admission to office till they were propitiated, 
 and their fiat, as a necessary qualification were 
 obtained by the aspirant, and who also, n the 
 pursuit, probably, had often to lick the very dust 
 from their feet — their smiles were fortune and 
 their frowns were fate, to the candidates who 
 frequented the purlieus of the casde, or waited 
 in the anti-chambers of it in expectation of the 
 viceregal favors. — In fine, the governor, how- 
 ever unconscious of it he may have been, really 
 was in the hands of, and ruled by a clique of 
 
 G g 
 
Wm' 
 
 IP'' 
 
 i'' 
 
 lii 
 
 'llr.i'i 
 
 f.'* 
 
 
 350 
 
 Chap, officials riotins; on the means of the country, 
 ^^^^' yet desiring nothing better than the privilege of 
 "J^^ tyrannising it, and who, however obsequious to 
 him in appearance, were nevertheless his mas- 
 ters. — The government, in tact, was a bureau- 
 cracy, the governor himself little better than 
 an hostage, and the people looked upon and 
 treated as serfs and vassals, by these their 
 official lords. — Such was the inverted order of 
 the government in those times, any thing, it 
 must be avowed, but responsible in the english 
 acceptation and meaning of the term. 
 
 Whether the scheme of responsible govern- 
 ment, in which Canada now ( 1848) prides itself, 
 will prove a better speculation, posterity which 
 there is every probability will pay well for itj 
 will determine better than we, of the present 
 day possibly can preter i to do. 
 
 It differs from the former in this, that they were 
 of the appointment of the crown solely, indepen- 
 dently of the country ; whereas these are named 
 at least with the concurrence of the representa- 
 tives of the people, if not absolutely of their joint 
 appointment with the crown, for, as pretended, 
 the mutival advantage of the governing and go- 
 verned, but on a basis always of corruption and 
 ccBsequontly no more than a bureaucracy of 
 another and still baser kind. Certain principal 
 officials or h'^ads of departments are, accord- 
 ing to it, to .etain, it seems, their offices, w^ith 
 the large salaries appertaining to them, and 
 constitute, the executive council, or provincial 
 ^pinistry, so 4ong only as they can preserve 
 seats in the assembly and secure a majority in 
 
351 
 
 country, 
 rivilege of 
 qiiioiis to 
 3 his mas- 
 a bureau- 
 itter than 
 ipon and 
 ese their 
 1 order of 
 
 thing, it 
 16 english 
 
 e govern- 
 des itself, 
 rity which 
 ell for itj 
 e present 
 
 they were 
 , indepen- 
 ire named 
 presenta- 
 heir joint 
 retended, 
 g and go- 
 ption and 
 jcracv of 
 
 principal 
 
 accord" 
 
 ces, w^ith 
 
 lem, and 
 
 provincial 
 
 preserve 
 ajorily in 
 
 it of partisans or adherents — no matter by what chap 
 means, that being their affair, — in proof of ^"' 
 their enjoying its confidence. In other words, "j^^ 
 that while they can secure their dominion in 
 the assembly — in that body intended to be the 
 constitutional check upon them, and to whom 
 they are supposed responsible — and sway it at 
 pleasure, they shall be the responsible ministers, 
 with the treasury at command, and its attendant 
 influences, and theirs the spoils of office, as the 
 reward of corruption, and the means of perpe- 
 tuating it. — A fair understanding, in fact, that 
 corruption shall be legal, and the people pay, 
 provided always the representatives have their 
 share ; and this is the responsible government ! 
 A more perfect inversion whereof, nevertheless, 
 it is difficult to conceive, promising but agitation 
 to the country and instability in the government 
 — a political eureka, for the moment the rage, 
 in which those who pay and those who receive, 
 equally rejoice and join with one accord. The 
 former bureaucracy held in subjection but the 
 one branch, without any acknowledged respon- 
 sibility, it is true; — with the present, it is an 
 incumbent duty to sway the two, under indeed 
 a pretended responsibility amounting really to 
 nothing ; and we have had proof enough of the 
 arrogance and domineering spirit growing out of 
 it towards both branches, to deprecate the mons- 
 ter in its present shape. It is, in fact, but another 
 and more plausible scheme, to monopolise the 
 people's treasury among the few supposed to 
 possess their confidence, or what comes to that, 
 adroit enough, by corruption or otherwise, to 
 
352 
 
 M 
 
 31 
 
 ) 
 
 t 
 
 
 
 m 
 
 ¥-^ 
 
 1811. 
 
 
 Chap, make it appear so ; and to which for peace, 
 ']^ though let us hope, only as an experiment for 
 the moment, till the expensive mania subside, 
 the ruling power has complacently, however 
 delusively with respect to the public weal and 
 its own credit, acceded. 
 
 What system would be the most suitable and 
 best for our colonial state, and we are far from 
 ripe for any other, we have not, nor is it our 
 business, the presumption to suggest, nor the 
 talents to imagine ; but one less liable to corrup- 
 tion and of more efficient checks and balances 
 than that we possess, all who hitherto have 
 observed its operation will agree, is desirable, 
 demoralising as it is in its effects, and promising 
 neither strength nor stability to the government, 
 nor freedom nor satisfaction to the people. To 
 exclude the heads of departments and principal 
 officials from all participation in the political 
 concerns of the country, confining them exclu- 
 si'oly to their official duties will, perhaps, after 
 all, be found the wisest plan. While the admi- 
 nistration of the government is in the hands of 
 declared partisans, its every act will partake of 
 that character or be suspected of it, and there 
 will be no confidence in its justice or impartia- 
 lity, and the government esteemed any thing but 
 that of the sovereign and just. 
 
 The executive, at this time, consisted of 
 
 The chief justice Sewell. 
 Rt. reverend Jacob lord bishop of Quebec. 
 
 Thomas Dunn, Chief justice Monk, John Craigie, 
 
 P. de St. Ours, P. A. de Bonne, P. L. Panet, 
 
 Francis Baby, John Young, John Richardson, 
 
 James McGiil, Jenkin Wiliiiuns, Jumes Irvine. 
 
 i 
 
353 
 
 or peace, 
 
 riment for 
 
 1 subside, 
 
 however 
 
 weal and 
 
 itable and 
 e far from 
 
 is it our 
 t, nor the 
 to corrup- 
 [ balances 
 erto have 
 desirable, 
 promising 
 vernment, 
 ople. To 
 
 principal 
 
 political 
 5m exclu- 
 aps, after 
 the admi- 
 
 hands of 
 artake of 
 md there 
 impartia- 
 thing but 
 
 listed of 
 
 Jie, 
 
 el, 
 
 lanlson, 
 
 ne. 
 
 P. S. — In a work of this nature, we can have little to say in regard char. 
 to Sir J.H.Craiuj's military duties and government, but a general order XIIl . 
 issued by himself, while in this command, ajid which subsequently, "'-'•v-*-< 
 by order of the commander in chief, was read at the head of every 1811. 
 regiment in the british service, is so characteristic of the late Sir J.H. 
 Craig, as a british soldier, subject, and servant of the king, and alto- 
 gether so valuable a document, that we think we cannot do better 
 than give it a place in these pages : — 
 
 " Horse Guards, January 18, 1810. 
 The commander in chief has directed the following order, 
 issued by the general officer commanding his Majesty's forces in 
 North America, to be inserted in the general orders of the army: — 
 
 " Quj-.TKC, 4th October, 1809. 
 
 " General Order. — The commander of tti" forces has lately had 
 occasion to see in a Halifax newspaper, a copyo.'""". ?ddress present- 
 ed by the sergeants of the 1st battalion Royal Fusiliers, to captain 
 Orr, on that officer relinquishing the adjutancy, in consequence of 
 being promoted to a company. So novel a circumstance could not 
 fail to draw the attention of his excellency it being the first of the 
 kind that has come to his knowledge during the forty-six years that he 
 has been ni the service, and as the first instance has thus (so far as 
 he is aware at least), occurred on the part of the army, with the 
 charge of which the king has been pleased to entrust him, he feels 
 himself called on by every obligation of duty to his Majesty and the 
 service, to bear his testimony against it, by a public expression of 
 disapprobation. 
 
 " His excellency does not mean, in this instance, to ascribe any 
 improper motive to the sergeants — he has no doubt that their sole 
 view was to express their regard and gratitude towards an officer, 
 who, in the intimate connection that had officially subsisted betweeri 
 them, had very commendably conducted himself with kindness to 
 them, without departing from that strictness of discipline which was 
 indispensable to the discharge of his duty. 
 
 '* But while hise.vcellency thus does justice to the intention of the 
 sergeants of the Royal Fusiliers, he desires at the same time very 
 seriously to observe to them, that in presuming to meet, in order to 
 deliberate on the conduct of their superior officer, they have in fact, 
 however unintentionally, been guilty of an act of great insubordination. 
 
 <' It matters not that the design of the meeting, or in whatever 
 manner the address was unanimously assented to,was solely to express 
 their respect and esteem, the very circumstance implies discussion, 
 and by that discussion they rendered themselves obnoxious to the im- 
 putation alluded to. Who, indeed, shall say where sucn a practice, if 
 once introduced, shall end *? If the non-commissioned officers of a 
 regiment are permitted to express their approbation of the conduct of 
 the adjutant, why may they not exercise the same right with respect 
 to their commanding olHcer'? or what reason can be given why they 
 should not be equally entitled to express their disapprobation 1 Indeed 
 should the practice become general, the merely withholding the for- 
 mer would imply the latter. 
 
 og 2 
 
lit 
 
 
 ;!» .^ 
 
 -J:- 
 
 n 
 
 Chnr. 
 XIII. 
 
 351 
 
 ** Gcnf>rnl Sir .Tamos Cnu'ii I'l Iho tnoro dosirotis tfial his scntimonM 
 on lliis.sulij'>ct slioulfl lie dislinrtly imdtiPtood in the Funilifis, becaiist^ 
 it appears on tlic lace of the addivss oi' the sorijoanl.s in <j(iebtion, that 
 ^^"^■'^ it has been roinitenanced hy the offirer who then ccininunidpd the 
 1811. repimcnt. The ooni.nander of the tbrcos dors no rri'Tc; tlian justice to 
 the character and services of that olficer, wh-'ii heachnits, Ifiat feehr.fj 
 as he does the dan2;erons tendency of the practice which he is cen- 
 snrin^j;, he also feels iiiniself the more hound to I'ppose it. iii the first 
 instance, frojn tlie strenuftli which it mi^ht otherwise derive from the 
 sanction which he appears to have jfiven to ir. — Lieut. -col. P'ikenham 
 will, however, believe, that though it was impossi])l(' the {general 
 should avoid this observation upon his error, yet his doing .so can by 
 no means detract fronn the esteem with which he has been taught to 
 view his character as an officer, or the confidence which ho should be 
 diaposed to place in his services. 
 
 (Signed) " Edward BAY^'K.'^. 
 Adjt.-Gen. to the british army serving in North America. 
 
 The reason for which the commander in chief has directed the cir- 
 culation of this order, is, that he may avail himself of this ojiporlunity 
 of declaring to the army his most perfect concurrence in the senti- 
 ments therein expressed by the distinguished and experienced officer 
 by whom it was framed, on a subject which appears to have been, by 
 some, very much misunderstood. — The circumstance of inferiors of 
 any class of military men assembling for the purpose of bestowing 
 praise and public marks of approbation on their superiors, implies a 
 power of deliberation on their conduct, which belongs to the king 
 alone, or to those officers to whom his Majesty may be pleased to 
 entrust the command and discipline of his troops. 
 
 " It is a procedure equally objectionable, whether in the higher or 
 lower ranks of the army, and a« the commander in chief cannot but 
 regard it as, in principle, subversive of all military discipline, he 
 trusts it is a practice which will be for ever banished from the british 
 service, as deserving of the highest censure, and he directs officers in 
 command to act accordingly. 
 
 ** By command of the right honorable the commander in chief. 
 
 " Harry Calvert, Adj. Gen." 
 
 The following is a translation from the fronch, of one of a variety 
 of ordinances, or general orders, i.ssued shortly after the conquest 
 by General Murray, as recorded in that language in a register 
 appertaining to the Literary and Historical society, of Quebec. 
 As an authentic record it must be valuable in the estimation of every 
 british subject, who Ukes to think well of his country, and believes in 
 the honor and integrity o[ its government, and will together with the 
 succeeding document be read, by such, with interest, particularly at 
 a time wfien agitation is likely again to be the order of the day, and 
 those of whom better things were to have been expected are at work, 
 abusing, jlouting, reviling, not merely the colonial administration, 
 
 1 1 
 
 i&i : 
 
lis sontimonM 
 litTS, becaiisr 
 im'stion, that 
 iiriiiindpd the 
 ha n justice to 
 s. tliat I'eoliiig 
 rh \u' is con- 
 t, iii the fust 
 iiv»; from the 
 ol. P'tkpnham 
 thf t^^'Ufiiil 
 iii^ no ran hy 
 'en taught to 
 ho should bo 
 
 \ America. 
 
 Bctod the cir- 
 3 opportunity 
 in the senti- 
 iericod olficer 
 lave been, by 
 f inferiors of 
 ^f bestowing 
 rs, implies a 
 i to the kinif 
 >e pleased to 
 
 the higher or 
 f cannot but 
 iscipline, he 
 n the british 
 :ts olficers in 
 
 in chief. 
 . Gen." 
 
 of a variety 
 he conquest 
 1 a register 
 of Quebec. 
 :ion of every 
 I believes in 
 er with the 
 rticularly at 
 le day, and 
 ire at work, 
 ninistralion, 
 
 UjC) 
 
 but tiie c;i)vernniient of the great and glorious empire, the british, of 
 
 Chap. 
 
 1811. 
 
 which v\c riiukc part, and justly may be proud, in terms the most XIIJ 
 injurious and insolent that language affords and malice can supply; 
 accusing it alsoof injustice and tyranny, but of whose clemency and be- 
 nevolence ihe very detractors themselves are living and striking proofs. 
 It is at all times satisfactory, particularly iti such as these, to peruse 
 such records, and fmdtheni borne out thirty years afterwards by evi- 
 dence of the eminent, the wise, and the good, as bishop Plessis really was. 
 " By his Excellency James Murray, &c. &c., 
 
 " His Majesty having signified through his minister to us, his royal 
 pleasure, that tne french inliabitants of this colony, who being also his 
 subjects, have an equal right with others, to claim his protection — 
 bo treated with the same humanity and tenderness, and enjoy fully 
 the same mild and benignant government, which, already so emi- 
 nently distinguish the happy auspices of his Majesty's reign, and 
 which constitute the happiness of all who are subjects of the british 
 empire ; — We by these presents declare — that all soldiers, sailors, or 
 others his Majesty's subjects, who shall be convicted of having in 
 the slightest degree insulted any Canadian habitants, now their 
 fellow subjects, either by malicious insinuations as to their inferiority 
 through the fortune of war, or by indecent railleries as to tiieir 
 language, dress, manners, customs, or country, or by uncharitable 
 reflections upon the religion they profess ; shall be most rigorously 
 punished. We, moreover, declare that all persons trading, or dealing, 
 with the indians, or others, who taking advantage of their simplicity, 
 shall be convicted of having defrauded them, or of having attempted 
 to surprise them, whether those domiciliated within this government, 
 or those wlio are protected by it; shall, on being thereof convicted 
 be punished with the utmost severity, for disobedience of the King's 
 orders, and for dishonoring the commerce of Great Britain — and to 
 the end, that the inhabitants may know what recourse they have, 
 in case of complaint, against any of his Majesty's british sjibjects, 
 We command them to make their complaint either directly to us, in 
 person or to our secretary, or in his absence, to the " Greffier en 
 ckeP'' — to the end that they be heard and justice done, according aa 
 to right it shall appertain. We also require all olhcers of his Britannic 
 Majesty, as well military as civil, to be aiding and assisting in the 
 execution of these his Majesty's commands ; and to the end that no 
 person shall pretend ignorance of the same, the commanding officers, 
 of british regiments, will see that the present is published to their 
 several companies, throughout all the cantonments of this government, 
 and all commanders of ships and vessels, are also recjuired to notify 
 the same to their respective crews, under pain of answering therefor 
 in case of neglect, and, it is moreover ordered, that the present 
 be read, published and affixed, when and where the same may be 
 necessary. " Quebec, 11th March, 1762. 
 
 (Signed,) -^ JAMES MURRAY. 
 
 " ^y order, Cramaiik', Secretary." 
 
 The following is taken from •' the Quebec Gazette^* of the 8th 
 December, 1817: — 
 


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 (716) 872-4503 
 
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356 
 
 Chap 
 XIII. 
 
 w 
 
 THE CANADA DISSENSIONS. 
 
 The following extract from the funeral oration of Monseigneur 
 Jean Olivier Briand, bishop of Quebec, pronounced by the reverend 
 Joseph Octave Plessis, in the cathedral church, on the 27th June, 
 1811. 1794^ -will shew that the *' hatred " between the " new comers" and 
 the descendants of ihe first settlers of Canada> was not prevalent 
 thirty years after the cession of the province. If any such hatred 
 prevails at present, as is asserted by certain newspapers, it is the 
 work of the politicians and others seeking their own gratification 
 rather than the performance of their duty to their sovereign and the 
 welfare of the country. 
 
 The extract is from a manuscript in the hand writing of M. Plessis : 
 
 Extrait de I'oraison funebre de Monseigneur Jean Olivier Briand, 
 eveque de Quebec — prononc^e par Mgr. Joseph Octave Plessis, alors 
 cur6 de Quebec, ie 27 Juin, 1794, dans la cathedrale de Quebec : — 
 " Les desordres qui regnaient dans cette colonie s'dtaient 61evds 
 jusqu'au ciel, avaicnt cri6 vengeance et avaient provoqu6 la colere du 
 tout-puissant — Dien la d^sola paries horreurs de la guerre, et, ce qui 
 fut consider^ par les ames justes comme un fl6au encore plus terrible, 
 l'6glise du Canada se trouva veuve et sans chef, par la mortdu pr^lat 
 qui la gouvernait depuis dix-neuf ans. (f ) Perspective d^solante ! 
 Ah ! qu'elle repandit d'amertume dans toutes les families chr^tiennes. 
 Chacun plaignait son malheurenx sort et s'affligeait de ne pouvoir 
 quitter un pays ou le royaume de Dieu allait etre d^truit pour tou- 
 jours. Nos conquerants, regardes d'un ceil ombrageux et jaloux, 
 n'inspiraient que de I'horreur et du sr.isissement. On ne pouvait se 
 persuader que des hommes Stranger', a notre sol, a notre langage, a 
 nos loix, a nos usages et anotreculte; fussent jamais capablesde 
 rendre au Canada ce qu'il venait de perdre en changeant de maitres. 
 Nation g^n^reuse, qui nous avez fait voir avec tant d'6vidence com- 
 bien ces prcjuges 6taient faux : nation industriouse, qui avez fait 
 germer les richesses que cette terre renfermait dans son sein ; nation 
 exemplaire, qui dans ce moment de crise cnseignez a I'univers atten- 
 tif, en quoi consiste celte liberie apres laqueUe tons les honvnes soupi- 
 rent et dont si peu connaissent les justes homes ; nation compatissante, 
 qui venez de recueillir avec tant d'hunoanite les sujets les plus fideles 
 et les plus maltrait^s de ce royaume auquel nous appartinmes autre- 
 fois; (J) nation bienfaisante, qui donnez chtujue jourau Canada de 
 nouvelles preuves de votre liberalite ; — non, non, vous n'etes pas 
 nos ennemis, ni ceux de nos propri^t^s que vos loix protegent, ni 
 ceux de notre sainte religion que vous respectez. — Pardon^ez done 
 ces premiers defiances a un peuple qui n'avait pas encore le bonheur 
 de vous connajtre ; et si apres avoir appris le bouleversement de 
 i'6tat et la destruction du vrai culte en France, et apres avoir gout^ 
 pendant trente-cinq ans les douceurs de voire empire, il se trouve 
 encore parmi nous quelques esprits assez aveugles ou assez mal inten- 
 tionn^s pour entretenir les memes ombrages et inspirer au peuple des 
 d^sirs criminels de retourner a ses anciens maitres ; n'imputez pas a 
 la totality ce qui n'est que le vice d'un petit nombre. 
 
 *' Bien 61oign6 de donnerdans ces erreurs, Mgr. Briand vit a peine 
 les armes britanniques plac^es sur nous portes de ville, qu'il con^ut 
 en un instant que Pieu avait transfer^ a i'Angleterre le domaine de 
 
357 
 
 i^Tonseigneur 
 he reverend 
 27th June, 
 vomers" and 
 ^t prevalent 
 such hatred 
 rs, it is the 
 gratification 
 ign and the 
 
 CM. Plessis: 
 
 ivierBriand, 
 Plessis,alors 
 
 Quebec : — 
 taient 61evds 
 la colere du 
 e, et, ce qui 
 )lus terrible, 
 ort du pr^lat 
 ; d^solante ! 
 chr^tiennes. 
 
 ne pouvoir 
 lit pour tou- 
 t et jaloux, 
 ! pouvait se 
 
 langage, a 
 
 capables de 
 
 de maitres. 
 dence com- 
 ui avez fait 
 ein; nation 
 ivers atten- 
 nvnes soupi- 
 npatissante, 
 plus fideles 
 imes autre- 
 
 Canada de 
 3 n'etes pas 
 •otegent, ni 
 on»^.ez done 
 
 le bonheur 
 rsement de 
 avoir goat6 
 1 se trouve 
 I mal inten- 
 
 peuple des 
 putez pas a 
 
 vit a peine 
 lu'il conjut 
 domaine de 
 
 ce pays ; qu'avec ie changement de possesseurs nos devoirs avaieiit cjiap 
 chang6 d'objet ; que les liens qui nous avaient jusqu'alors unisa la yt[t' 
 France ^taient rompus, que nos capitulations ainsi que la trait6 de 
 
 Eaix de 1763, etaient autant de nceuds qui nous attachaient h la Grande '"^■*"^ 
 iretagne en nous soumettant a son Souverain; il appercut ce que 1811. 
 per* onne ne soup^onnait : que la religion elle-mome pouvait gagner a 
 ce changement de domination, &c. 
 
 '' Mgr. Briaud avait pour maxime qu'il n'y a de vrais chr^tiens, de 
 catholiques sinceres, que lessujets soumis h leur Souverain legitime. 
 II avait appris de Jesus-Christ, qu'il faut rendre a Cesar ce qui appar- 
 tient a C6sar ; de St. Paul, que tout ^me doit 6tre soumise aux auto- 
 rit6s 6tablies ; que celui qui rdsiste a la puissance resiste a Dieu 
 me me, et que par cette resistance il m^rite la damnation ; du chef des 
 apotres, que le roi ne porte pas le glaive sans raison, qu'il fautl'ho- 
 norer par obeissance pour Dieu, propter Deum, tant en sa personne 
 qu'en celle des officiers et magistrats qu'il depute — sive ducibus taw 
 quain ab eo missis. Tels sent, c'rdtiens, sur cette matiere, les prin- 
 cipes de notre sainte religion ; principes que nous ne saurions trop 
 vous inculquer, ni vous remetlre trop souvent devant les yeux, puis- 
 qu'ils font partie de cette morale 6vangelique a I'observance de la- 
 quelle est attache votre salut. Neanmoins, iorsque nous vous expo- 
 sons quelquefois vos obligations sur cette article, vous murmurez 
 contre nous, vous nous accuscz de vues int6ress6es et politiques, et 
 croyez que nous passons les bornes de notre ministere ! Ah ! mes 
 f re res, quelle injustice ! Avez- vous jamais lu que les premiers fideles 
 fissent tie tels reproches aux apotres, ou ceux-ci au Sauveur davnunde 
 lorsqu'il leur developpait la meme doctrine 1 Cessez done de vouloir 
 n«7us imposer silence ; car nonobstant vos reproches, nous ne cesserons 
 de vous le redire ; soyez sujets fideles,ou renoncez au titre de chr6tiens. 
 <' Lors de I'invasion de 1775, notre illustre Prdlat connaissait deja la 
 delicatesse,ou plutot I'illusion d'une partie du peupleii cette 6gard. 
 Mais, ilauraitcessc d'etre grand, si une telle consideration Pavait fait 
 varier dans ses principes ou deranger dans I'execution. Sans done s'in- 
 quieter des suites, il se hate de prescrire a tous les cur^s de son diocese la 
 conduite qu'ils doivent tenir dans cette circonstance delicate. Tous 
 resolvent ses ordres avec respect et en font part h leurs ouailles. Le 
 Prdlat preche d'cxamples en s'eiifermant dans la capitals assi6g6e. 
 Dieu b^nit cette resolution: le peuple, apr^s tpielque incertitude, 
 reste enfin dans son devoir: les citoyens se d^lendent avec zeleet 
 courage. Au bout de quelques mois, un vent favorable dissipe la 
 temp^te. Les Assyriens confus se retireut en di-sordre : B^thulie est 
 delivree, la province preservee, et nos temples retentissent de chants 
 de victoire et d'actions de graces. &c., 6tc." 
 
 [tiianslation.] 
 " The disorders which prevailed in this colony ascended to Heaven, 
 crying vengeance and provoking the wrath of the Almighty. God visi- 
 ted the country with the horrors of war, and, what was more felt by 
 devout minds, as a more terrible infliction, the church of Canada was 
 
 (+) Ma;r- P^v6qne I'cntbn'and, dccedc a Montr6al, le S Juin, 1760, 
 (f) L'^aiigratiou du clerg6 frau ;ais en Ao^ltitcrre> 
 
358 
 
 Chap. 
 XIII. 
 
 1811. 
 
 m 
 
 
 widowed by the death and privation of its chief, who had governed it 
 for niwetoen years : (f ) afHictint; perspective ! It spread the severest 
 grief among all christian families. They all lamented their own 
 unfortunate lot, and that they could not live where the kingdom of 
 God was threatened with destruction. Our conquerors were looked 
 upon with Jealousy and suspicion, and inspired only apprehension. 
 People could not persuade themselves, that strangers to our soil, to 
 our language, our laws and usages, and our worship, would ever be 
 capable of restoring to Canada, what it had lost by a change of 
 masters. Generous nation ! which has strongly demonstrated how 
 unfounded were those prejudices ; industrious nation ! which has 
 contributed to the development of those sources of wealth which 
 existed in the bosom of the country ; exemplary nation ! which in 
 times of trouble teaches to the world in what consists that liberty to 
 which all men aspire and among whom so few know its just limit's; 
 kind hearted nation ! which has received, with so much humanity, 
 the most faithful subjects most cruelly driven from that kingdom to 
 which we formerly belonged ; (X) beneficent nation ! which every 
 day gives to Canada new proofs of liberality. No, no ! you are not 
 our enemies, nor of our properties which are protected by your laws, 
 nor of our holy religion which you respect. Forgive then this early 
 misconception of a people who had not before the honour of being 
 acquainted with you ; and if, after having learned the subversion of 
 the government and the destruction of the true worship in France, 
 after having enjoyed for thirty-five years the mildness of your sway, 
 there are some amongst us so blind or ill intentioned, as to entertain the 
 same suspicions and inspire the people with the criminal desire of 
 returning to their former masters ; do not impute to the whole people 
 what is only the vice of a small number, 
 
 " Far from yielding to these errors, Monseigneur Briand had hardly 
 Been the british arms placed over the gates of our city, before he 
 perceived that God had transferred to England the dominion of the 
 country ; that with the change of possessors our duties had changed 
 their direction ; that the ties which heretofore bound us to France 
 were broken, and that our capitulations and the treaty of cession of 
 1763 were so many engagements which bound us to Great Britain and 
 to submit to her Sovereign ; he perceived what none had comprehended , 
 that religion itself might gain by the change of Government, &.c. 
 
 " Mgr. Briand had for a maxim that there are no true christians, 
 sincere catholics, but such as submit to their lawful Sovereign. He 
 had heard from Jesus Christ, that we must " render to Ca?sar the 
 the things that are Ca?sar's" ; from St. Paul, that every soul must 
 submit to the established authorities ; that those who resist the powers 
 that be, resist God himself, and by that resistance incur damnation ; 
 from the chief of the apostles, that the King does not carry the sword 
 in vain ; that he must be honoured in obedience to God, propter Diumy 
 both in his own person as in the persons of his officers and those to 
 whom he confides his authority, sive ducibus tanquam ab eo missiit. 
 Such, Christians, are, in this matter, the principles of our holy 
 religion, principles which we cannot too earnestly inculcate, nor 
 submit too frequently to your consideration, since they form part of 
 that gospel morality, in conformity to which depends your salvation. 
 
 hii 
 
359 
 
 1 governed it 
 the severest 
 1 their own 
 
 kingdom of 
 were looked 
 pprehension. 
 I our soil, to 
 )uld ever be 
 a change of 
 istrated how 
 
 which has 
 ealth which 
 1 ! which in 
 at liberty to 
 3 just limit's; 
 h humanity, 
 
 kingdom to 
 which every 
 
 you are not 
 ly your laws, 
 en this early 
 5ur of being 
 lubversion of 
 ) in France, 
 
 your sway, 
 entertain the 
 kal desire of 
 vhole people 
 
 id had hardly 
 before he 
 inion of the 
 lad changed 
 IS to France 
 cession of 
 I Britain and 
 •mprehended , 
 nt, &c. 
 le christians, 
 i/^ereign. He 
 Ca?sar the 
 soul must 
 st the powers 
 damnation ; 
 ry the sword 
 ropier Dzuirit 
 md those to 
 nb eo missiit. 
 of our holy 
 culcate, nor 
 form part of 
 ur salvation. 
 
 Nevertheless, when we occasionally hold forth obsorvalions on this ^, 
 head, you murmur against us, you complain with bitterness andVryV' 
 accuse us of interested and political motives, and believe that we ^^^^' 
 exceed the duties of our ministry. Ah ! my brethren, what injustice ! ^-'^"^ 
 Did you ever read that the first of the faithful so reproached the 1811. 
 apostles, or that they so reproached the Saviour of the world, when 
 he expounded to them the same doctrines 1 Cease then to endeavour 
 to induce us to silence ; for notwithstanding your reproaches we shall 
 never cease to repeat, be faithful subjects or renounce the name of 
 christians. 
 
 "On the invasion of 1775, our illustrious Prelate was acquainted 
 with the scruples or rather the illusion of a part of the people on that 
 occasion. But he would have ceased to be worthy of his elevation if 
 such a consideration could have induced him to vary in his principles 
 or abstain from acting on them. Without apprehension of the conse- 
 quence, he hastened to prescribe to all the curates of his diocese the 
 conduct which they had to observe on this delicate occasion. All 
 received his mandates with respect and communicated them to their 
 flocks. The Prelate preached by example, shutting himself up in 
 the besieged capital. God blessed this resolution ; the people after 
 some incertitude defended themselves with zeal and courage. At the 
 end of several months a favorable wind dispelled ^he storm. The 
 Assyrians in dismay retired in disorder ; Bethulia was delivered, the 
 province preserved, and our temples resounded with the songs of 
 victory and thanksgiving, &c., &c." 
 
 . It is gratifying to find such evidences in favor of the british govern- 
 ment and people, from so eminent a man and in all respects estimable, 
 as the late bishop Plessis, whose liberal and enlightend mind, char>\c- 
 terized him in the opinions of all, as one of the first men of his count y 
 and of his day ; and who in the elevated position he afterwards occupi ;d 
 as the prime dignitary of his creed and church in Canada, the land of his 
 nativity , was not less dis anguished as an homme d^dlat than ecclesiastic. 
 
 The following letter written by General Simcoe, to the late Major 
 Holland, formerly Surveyor General, of Lower Canada — was in 
 October, 1825, communicated to the author of this work by John 
 Holland, Esq., of Prince Edward Island, who was then on a visit to 
 Quebec, (since deceased) with permission to make use of it. Mr. 
 Holland, (who was a son of the late Surveyor General of this province) 
 was in possession of his father's answer, and was to have forwarded 
 it on his return to the island ; but it never came to hand. General 
 Simcoe at the date of this letter was at Quebec on his way to Upper 
 Canada, of which he was the first Lieut. Governor : — 
 
 " Quebec, May 26th, 1792. 
 " Sir, — Having at different times during my residence in this place 
 had various conversations with you , on the operations of the arrny 
 under General Wolfe, — I feel myself most strongly induced to desire 
 
 (t) Monseigncur Pontbi'iand, who died at Monlrcnl the 8lh June, 1760. 
 IX) The eniigratiuu of the Freuch clergy to England. 
 
1811. 
 
 360 
 
 -,, of you to give me the substance of such part of ♦hem, in writing, as 
 YttI^ may tend to confirm me in the opinion I have been taught to form 
 ^*"* from my infancy, of i.-* consummate ability of that General. 
 
 <' I bes» to call to your recollection what I have told you — that the 
 late Lord Sackville enquired of me, whether I had ever heard why 
 general Wolfe landed at Montmorenci, and afterwards attacked the 
 French works, in that quarter "? " Because" — said he, in a very 
 emphatic al manner — " Colonel Simcoe and I tell you, that you may 
 rememb'jr it ; — general Wolfe told me, before he left England, that he 
 would land where he afterwards did land." Personal observation haa 
 confiriHed me in the apparent impracticability of Mr. Wolfe's forcing 
 his way by the Montmorenci side, to Quebec ; and your conversations 
 have established in my mind the conviction that all his movements on 
 that side, even his attack, had it succeeded, were meant by him to be, 
 and would have been, no more than feints conducing to the accom- 
 plishing Ms original intent : that of assuming the masterly, but daring 
 position on the heights of Abraham, which at all events must have 
 terminated in the surrender of the iownf or a battle, in which the 
 veteran troops of Great Britain, under the auspices of general Wolfe, 
 were certain to obtain that ascendency over f he french army, princi- 
 pally composed of irregulars, which a disciplined force capable of 
 manoeuvring will always maintain over those who are not habituated 
 to military movements. To support my ideas, I have to beg of you, 
 as the confidential engineer of general Wolfe — to give me in writing 
 those particulars, which you have formerly communicated, of your 
 very minute reconnoitring from the opposite shore, the plains of 
 Abraham, and of that plan which your friend, the general, had 
 intended to have pursued, should Monsieur Montcalm have declined to 
 attack the british army, when it ascended the plairs. 
 
 " It has been said that the landing was not made exactly in the place 
 where it was intended. I should be glad for information on this point, 
 though not very material. A captain's guard could in no place have 
 prevented the british light infantry, commanded by such a man as Sir 
 William Howe, from securing the landing. It was to remove a strong 
 corps from the possibility of preoccupying that position before 
 General Wolfe could accomplish the landing, or formation, of his 
 army, to which all his designs must have tended. 
 
 " For my own conviction, I want no written evidence of Mr. Wolfe's 
 ability. I believe in my father's character of him, when at Louis- 
 bourg, that he was " skilful, brave, indefatigable, intelligent" — and 
 look upon his conquest of Quebec, as the result of all those qualities ; 
 but, I must own, I am sorry to see, what I conceive, erroneous 
 accounts propagated in foreign and some how or other fashionable 
 authors, and wish they should not mislead in future our national 
 historians. lam. Sir, with true respect, Your most obedient Servant 
 
 (Signed) J. G. SIMCOE. 
 
 ** To Samuel Holland, esquire, surveyor general." 
 
 Mr. Simcoe's father conunanded one of H. M Ship's of war, at the 
 reduction of Louisbourg. 
 
 END OF THE FIRST VOLUME. 
 [15/A January, 1848.] 
 
 
 
 I 
 
writing, as 
 ht to form 
 il. 
 
 m — that the 
 heard why 
 ttacked the 
 in a very 
 It you may 
 intl, that he 
 trvation has 
 ie's forcing 
 nversatioiis 
 vements on 
 him to be, 
 the accom- 
 but daring 
 must have 
 which the 
 jral Wolfe, 
 oy, princi- 
 capable of 
 habituated 
 beg of you, 
 in writing 
 ^d, of your 
 ) plains of 
 ;neral, had 
 declined to 
 
 in the place 
 I this point, 
 place have 
 man as Sir 
 ye a strong 
 ion before 
 ion, of his 
 
 fr. Wolfe's 
 at Louis- 
 jent" — and 
 i qualities ; 
 erroneous 
 fashionable 
 tr national 
 mt Servant 
 MCOE. 
 
 var> at the