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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 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 imprisoneeing 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 *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 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 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. ^ ycc^' ji^|-vj\,rA * vV \ fv\jC^- \ \^ ^G ^ yt ■^%. ^. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I Ui2 12.2 1^ K 2.0 1.25 11.4 1.6 % .? /^ 7 .^' ^ % yS '^ o 7 Photographic Sciences Corporation ^^^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (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 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 funf 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 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 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 '11 1 M 1, '\,f ■ 'fv IMAGE EVALUATION TEST TARGET (MT-3) 1.25 1.0 ^1^ 1^ ^ Uii |2.2 1.1 1.*^ i^ ■UUt. 1.8 U 11.6 I ♦ V] v^ ^> c^ .'^ •* '/ %*;>> ..^ *^^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716)872-4503 .i^ Wo 168 m-' ■m I !i'il:,Sl 1^ 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 i '■ i ..1' i 1 n «'!, J, ,. 1 ■' n 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 if i It.' '■ :£i I i v.\ ■h m^ ^ i .i p' U: ai jr ( 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, o n , t) I'- ■ ^1, ii ■Mil ' ■ ■ : ill ■, ■ ■J ! f;. ■ii -i '1. -'. ■ ■ i' m f'ti II I t ' ll; ( If Ik- , I It' "Jl' ('■ 1 1 •If. Ilri Pi 184 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 •?>' :fl m vastoput iges from informed subject, lodies, as readiness fixed, a 1 wooden ar of iron doubt of lus distri- ;m among 3 accom- low these )ear. He he french ate direc- or charge had, it ear, on a purpose, the least untry, or )mote the 3turn the States by abitant of Charles company ne time a hemes.— disposed given up I 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. Q 2 '• m I '^ii 'If f . ' \-^U '•j- '«.;- m 'i a Ml I 6' I.'' i ui .1. M; 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. Ml • 't- *? ''*''«9 -*' *1 * ' 187 f'.»' "m 1 ', i 1 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'(1 ■■A .^1! |: \wm ■...r,-,rr-,dl^i,'fi^'-|»i.,lin "■' I I ! • ' < 1 f4l I ' 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 r: f'1 195 k .11 dditional d for the ts in this :y to ad- uch sums :ting pro- f justice, 'eal, will replace be most * erecting ie several id for de- ese were tain taxes ceedings, it advanc- te govern- 3d. As a mess and it may be 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 ji ! ! ji I i k (Mm I 'ii til .!■"'? I'}". Mlj ■ >' i- •! If; 't m 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 R 2 >4 ^^i •m ji :»,. . ■' 31 m ■SHiAMBi 198 V 1 !i'* I.,! fisl' h I t i If"' ft f i I :! (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- ' of her 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 < U H: Kit ■if! "\f m "■s ■ 4 1 .. ii.. ti ; '18; 200 \i i" 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 ui iji I ■'a'I ■ 1 ■:' ■ ':Li 1 ■ 'i I \ - ■ : ',' i * :, tin / In! 1 ' .' i 1 , I'- ll 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. <)' •iji 'I 12867 15 8 354 16 (J m a ?■ ' Xi u V*; m U'k ' ■ iV ';'*■ 204 I; 1 pit W < ['A (My '"I '''i I'f {I ,1 ! 4 .\1 :^ i rf 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. 1 i M ■:il Ilii 206 1 if^r IK I. 111': V;i V-r. m mM '; ml 1:^ ' *^' 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 I i »; '!'>:■ 208 U.it n 1 1 , ft ' ' ' f > ' i il < " 'ii'i cUan. o''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 s 2 m I ;i ! H : f 'M^f.'o':?- H iiiii [Hi m ■1.' * ni 1 -i^ 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 !.!• :il •it! S i : 4 ' *i ' \i I 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- 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.^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^ '\ i 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 (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. !■'■ \l '' ,'1 ; iif ■'M ?. I 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 bi 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 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 i.'* . '1 '■ 1 1 ( ,J w 254 iH 1 11 > i I 1: ) '' i * ' 1 ' ' '4K ! 'Y 1 1 i 1 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 .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. ,i -iJ .0^,. \> \\^ IMAGE EVALUATION TEST TARGET (MT-3) .*- A ^ 1.0 I.I 1.25 l^|Z8 |2.5 |50 ^^" ■■■ ■^ 1^ 12.2 U llilll.6 6" w vl /: ^3 >^ '•^ y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 m % '^ 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 M il nff 3:1 I ■' Ul f^' ^H :|i IS 1 HJ: w 1 1 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 1 ) I 'M ^n ■ if 11 t . 1 ■ '(i^' ■' jjl Hi 'I ! 1 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 lf 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:;!! ' '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^ !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 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 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 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: — % V] ^>. y y^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ■96 I.I no _ ill Photographic Sciences Corporation // //^.<^^$^ 1-25 1.4 11.6 < 6" r* m \ •<^^^ ^\ l\ i 6^ ■<^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 <-■ ■^ 1^ 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