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REMARKS 
 
 ON 
 
 THE PROPOSED UNION 
 
 OF THE 
 
 CAN AD AS. 
 
 PUBLISHED IN THE YEAR 1822. 
 
 /.^ vi-;i.<t *!•; 
 
 ^j, COMCOBWA a«»»AaVJ£ JHESCUNT, OISC'OROIA MAXIMJI UltABUNIUR S4II. 
 
 ■:>;f . 
 
 
 • ?,';« «.:ri'* 
 
 '^ u. :iui, v! ..> 'j)I.> (!•)■> 1 
 
 Bt 
 
 ■l' 'liil''K' '/,';? 
 
 J. A. ROEBUCK, ESQ. M. P. 
 
 WHO, UNDER A BILL OV THE ASSEMBLY OF LOWER CANADA OP THK SESSION 1835, 
 WAS NAMED " AOUNT OF THE PROVINCE." 
 
 QUEBEC— 1835. 
 
 » ) 
 
 m- 
 
II 
 
 ADVERTISEMENT. 
 
 It is hoped that the following remarks may be read without 
 any feelings of rancour ; conviction is sought — not animosity ; 
 all party heat has been avoided, and it is intended that none 
 should arise ; and when truth is meant, no offence can be given. 
 An endeavour to conciliate all parties, to point out the true 
 interests of the country, and to promote the welfare of all, has 
 been the only aim of this work. The end will justify the 
 undertaking, however badly it may be executed. 
 
REMARKS 
 
 ON THE 
 
 PROPOSED UNION OF THE CANADAS. 
 
 Amidst the loud altercations of party zeal, and the angry threats 
 of disappointed revenge, the voice of him who declares himself 
 impartial will be drowned by noisy opposition, or at least heard 
 with suspicion or noticed with indifference. But the zealots of 
 party are not always the patriots they profess ; nor arc they who 
 have lost all hopes of revenge, the most dispassionate auditors. 
 But while we leave to the former the pleasure of predicting evils 
 that will never happen, and to the latter the no less gratifying 
 occupation of planning schemes of opposition that will only 
 prove abortive, let us not fear to canvass with freedom those cir- 
 cumstances that regard our own welfare, freely to condemn what 
 we find inimical, and with candour to own what is meant for our 
 benefit. 
 
 There are some whose whole aim is opposition without reason, 
 whose whole delight is railing without argument; and whose 
 political enmity arises from the fruitful source of private pique. 
 The first spark of patriotism, in the bosom of the devoted advo- 
 cate of his country, can often be traced to be the offspring of 
 offended pride ; and from that moment we find him opposed to 
 everv measure of Government, however beneficial, and decrying 
 all those in power, however worthy ; and thus sacrificing his 
 country, that he seems to defend, to his own private malice, 
 he stands a striking monument of the duplicity of party, and 
 shews at once how easily a patriot is made, and the reliance that 
 ought to be placed in his professions. From these we are not 
 to look for advice : the opinions of such men should not be our 
 political creed, for with them all friendship is a reproach, all 
 communication a shame. Let us leave such polluted channels 
 of information, and seek in unbiassed truth a guide for our 
 enquiries. 
 
The public mind is now anxious on the subject of the Union 
 of the two Provinces of Upper and Lower Canada. It is con- 
 sidered as a political experiment, in which all are interested ; 
 each man looks to his neighbour for information ; uncertain how 
 to form an opinion, he seeks in the general one a guide for his 
 own : in such situations, the most noisy are often the most lis- 
 tened to, and the violent assertor of fancied evils is favored as 
 the watchful guardian of the Constitution, while the modest 
 defender of truth is stigmatized as the advocate of tyranny. — 
 To reconcile contending parties, to point out the interests of 
 both, to endeavour to promote the welfare of all, is surely no 
 mark of depravity, no evidence of corruption. The prejudices 
 that arise from the difference of origin ought long since to have 
 vanished : the Englishman and the Canadian can now have no 
 separate interest ; what is to the benefit of the one, conduces to 
 the happiness of the other : England can derive no profit from 
 the oppression of her Colonies ; their welfare, as well as her own, 
 guides her councils, and the present measure, it is hoped, will 
 further both these ends. 
 
 The wisdom of a Government is marked by the happiness of 
 its subjects : where in the place of tyranny^ there is an equal 
 distribution of law, where in the place of poverty, plenty equally 
 diffused, the People cannot be said to be unhappy, nor the 
 Government oppressive. Such is the present situation -of Canada, 
 Why then, it may be asked, change that Government under 
 which we are so happy ? In answer may w^e not say, that she 
 who has uniformly been so generous, will not now change her 
 conduct ; that we ought to trust to her who has so long meant 
 only our welfare, and that we should consider the present mea- 
 sure as one intended for our benefit. Thinking thus, we may 
 reason calmly upon its ut:I'*y or inconvenience, and decide ; 
 convinced, not by the clamorous abuse of systematic opposition, 
 but by much safer guides in such investigations, — truth and 
 reason. 
 
 A gl ince at our history for some years past, will enable us 
 better to understand our present situation. By it we shall see 
 the generosity of England towards us ; how each act of benefi- 
 cence rose one above the other, shewing at once the noble spirit 
 of the Mother Country and the high estimation in which she 
 held those her distant Colonies. 
 
 When, by the fortune of war, and by the political schemes of 
 Europe, this Province became subject to England, its situation 
 could not entitle it to be the envied country it now is. Groaning 
 beneath the iron scourge of military despotism, and the no less 
 rigorous though less palpable dominion of the Church, she 
 seemed doomed for ever to the oppressive burthens of bigotry 
 
5 
 
 and rapine. From 'Jiis state Eiip:,lan(l rescued us, broke these 
 bonds asunder, and annihilated at once and for ever this system 
 of oppression : for the lawless dominion of a military commander, 
 she gave us the mild and regular administration of her own laws, 
 and for the capricious mandates of the Grand Monarque, her 
 own unrivalled Constitution. By these successive events we 
 became a free people ; our property was to be governed by the 
 customs of our forefathers, with the power in our own hands to 
 alter or amend them. At the same time, the Province of Quebec 
 was divided into the Provinces of Upper and Lower Canada, 
 with respective Legislatures to each. This, then, was the im- 
 portant epoch, when the interests of the two Canadas became 
 separate. Until that fata) moment, the politician the most pene- 
 trating, the patriot the most foreboding, had neither foreseen 
 nor foretold such a ditference in their welfare, such a dissimilarity 
 in their expectations : the imaginary line that now ran across 
 their forests seemed to sever them for ever ; and thus two nations 
 whom nature meant but for one, and who owe the same alle- 
 giance, are, by a mere creation of the imagination, by a line the 
 geographer can trace with difficulty, led to believe their situa- 
 tions hostile, their re-union impossible. We are told, with a 
 confidence that would almost induce belief, that our best hopes 
 are sacrificed by this Impolitic measure, that ultimate ruir must 
 follow this coalition ; and that present dissatisfaction is a proof 
 of future unpopularity. This has received a strange refutation 
 by the late petitions of Canada, in which names now appear 
 complaining of re-union, which before were the clamorous op- 
 posers of disjunction. But who are the propagators of such dis- 
 mal forebodings ? What are the arguments on which they ground 
 their belief? To substantiate such a supposition, more is requir- 
 ed than assertion ; to prove such a fact, more than declamation 
 should be used : suspicion ought not to serve to prove England 
 our foe, nor th6 vindictive malice of party to interrupt the har- 
 mony of thousands. If, upon investigation, these imaginary woes 
 should be fouiul the mere ebullitions of opposition, as arguments 
 they must lose all their force, and their predictors considered as 
 men rather impelled by the prejudices of habitual hatred than 
 the more proper guidance of dispassionate truth. By tracing 
 them to their nource, the candid will find that their most vehement 
 supporters are Che members of private cabal, who, because they by 
 this are deprived of a flattering prospect of private revenge, decry 
 it as a public evil ; and thus make the welfare of the country sub- 
 servient to individual malice. The most foreboding have, as yet, 
 conjured up no real subject of sorrow, no substantial cause of 
 complaint. 
 
 These opinions have raised opposition, but have received no 
 

 
 refutation. Calamity has been foretold in the mystic language 
 of prophecy, its uncertainty has added to its terrors ; but like 
 the phantoms of a diseased imagination, they vanish before in- 
 vestigation, by approach we lose all their horrors, and truth dis- 
 sipates all our fear. 
 
 When political measures are combatted, when their utility is 
 questioned, some palpable error should be shewn, some hidden 
 mischief be proved ; principle ought to guide our opposition ; 
 conviction ought to determine our measures. In the projected 
 union, what art can detect inherent defect? what sophistry dis- 
 cover a latent evil ? Because the machine of Government is less 
 complicated, can it enslave the people ? Ought we to praise it 
 as it departs from simplicity, and estimate its worth by the diffi- 
 culty it occasions ? Can a United Parliament spread ruin where 
 two would have promoted wealth and happiness ; and can the 
 collected wisdom of both differ so widely from the separate judg- 
 ment of each ? When, to support such a remarkable theory, the 
 difference of laws a. id the dissimilarity of language are alleged, 
 it can easily be shewn, though the civil policy of two nations 
 be unlike, that their interests may yet be the same, and that a 
 difference of language is no good reason for hostility. The 
 various customs of France, and the Union of England and Scot- 
 land, are striking instances of the truth of both these positions. 
 Scotland dates her wealth, and England her perfect security, 
 from the happy epoch of their union. Future misery was pre- 
 dicted by the patriots of those days, with a positiveness equal to 
 that which attends the prophecies of our own ; and reason bids 
 us hope that ours will receive as speedy a refutation. Men now 
 wonder how the voice of opposition could be raised, how its 
 clamour could be listened to. But how much greater must be 
 our surprise, when, in our own times and in our own country, 
 we find the same opposition to combat, the same prejudices to 
 overcome. The same reasoning was then used that we now ap- 
 ply ; the hostility of ages, the national hatred, that was instilled 
 in infancy and increased with manhood, gave a color of truth 
 to their arguments, that those of the opposers of our Union do 
 not possess. Upper and Lower Canada have been divided but 
 in name, their interests have always been but one, no feud has 
 ever arisen to break their bond of union ; the wealth that yields 
 happiness to one cannot fail of communicating it to the other ; 
 the strong tie of commercial interest, the more endearing one of 
 family connections, all conspire to make us one nation, in whose 
 welfare we all are concerned, whose misfortunes we all would 
 deplore. The various productions of our fertile land, the wonders 
 of nature, are the constant subjects of our exultation, the fre- 
 quent theme of our praise ; and these with an honest pride are 
 
 '<* 
 
all claimed as our own, though they are often divided by that 
 imaginary line that has been such a fruitful source of chimerical 
 evil, of predicted! misfortune. — Such are the feelings of every true 
 lover of his native land, and which he ought to maintain, though 
 questioned by the cunning of self-interest, or attacked by the male- 
 volence of party. 
 
 With the characteristic moderation and gensrosity of England, 
 this measure is postponed for the period of six months, that the 
 King's Ministers may know tvith ivhat sentiments the people of 
 Canada will receive it. It will therefore be necessary that we 
 should now well understand our own interest ; that our refusal 
 may not appear the offspring of prejudice, nor our arguments 
 adopt the tone of captious complaint. We ought not without 
 some consideration refuse the offers of England, lest we should 
 seem to resent her interference, or to treat her kindness with con- 
 tempt. But perhaps self-interest may be a more powerful argu- 
 ment with many than the respect that we should pay to England 
 for her power, or the gratitude we owe her for her generosity. 
 Upon this principle, we should well weigh the benefic'al conse- 
 quences that may result from the union, before we lose by denial 
 such hopes of aggrandizement ; thinking thus, its rejection or 
 acceptance will depend upon the happiness it may promote, or 
 the evils it is likely to occasion. 
 
 The strength and the welfare of Canada depend upon the in- 
 crease of its trade and the advancement of its agriculture. In 
 these two great ends of national happiness, the interests of both 
 Canadas are inseparable. A flourishing state of agriculture must 
 increase the surplus produce of a country, which is the natural 
 boundary of its exportation. Therefore the prosperity of Upper 
 Canada will be the mear.s of promoting our commerce, as we, 
 by the situation in which nature has placed us, must necessarily 
 be their carriers ; and the increase of our trade, by the natural 
 reaction of commerce, gives them a greater market. To govern 
 both these sources of wealth with greater certainty would make our 
 happiness more secure ; while this depends upon the decisions of 
 two popular a",semblies, its instability may become a proverb, and 
 the fatal reliance that may often be placed in it will be the ruin 
 of thousands. By making this the duty of one, we may obviate, 
 in a great measure, these evil consequences. The jealousies 
 that must arise between states independent of each other, create 
 counteracting resolutions : animosity is thus produced, pride 
 lengthens its continuance, and the general interest is often sacri- 
 ficed to the maintaining some fancied right, or avoiding some 
 visionary evil. The fickleness of ^opidar resolutions, and 
 their C07i8tant change of measures and opinions, is the only argu- 
 ment against the many acknowledged benefits they have conferred 
 
8 
 
 upon mankind .- numbei's of distinct Legislatures must increase 
 the hazards of inconstancy, without adding to the chances of benefit. 
 Where there is no division of interest, opposite measures would 
 be destructive, and a want of co-operation would defeat every 
 beneficial endeavour. These are not the vain deductions of 
 theory, bending every difficulty to the support of some visionary 
 idea, some speculation of idleness, but facts derived from the 
 best foundation for argument, — the experience of those evils 
 which this measure would redress, and from the records of 
 Canada. 
 
 We have here seen Canada in the time of peace ; take her in 
 the more trying difficulties of war. We know that our defence 
 depends greatly upon the mother country, but there is much 
 that might be done by the Parliament of Canada, by the adop- 
 tion of decisive measures, by a quick co-operation with the 
 Executive ; such aid would be given with more promptitude by 
 one than by two independent Legislatures. There would be no 
 separation of feeling, and therefore more unanimity of action : 
 and being unanimous, the invader would have little chance of 
 success ; he would find no collision of interests, no division of 
 councils, no petty feud to counteract the general good. Let it 
 not however be imagined, that in pointing out these advantages 
 of the Union, there is the least depreciation of the well-tried 
 valor of Canada. By showing the superiority of our combined 
 resources, our strength when divided is not meant to be con- 
 temned. The courage and ability of Canada have had a strong 
 test, and they have received their best reward, in being well 
 estimated. The positions that have been stated, all who are 
 without prejudice will forsee, all who have candour will own. 
 
 The objections on the other hand that may be urged against 
 this combination, should with equal justice be weighed, with 
 equal caution believed. The difference of laws and of language 
 should be carefully considered, to examine how far such a dis- 
 similarity will aft'ect the interests of Lower Canada. These are 
 the two grand objections to the Union, upon which all decide, 
 though few have judged without prejudice, and determined with- 
 out haste. 
 
 ThougL the lower orders of Canada speak chiefly the language 
 of Franco, that of England is familiar to all the enlightened part 
 of the population, ar I these are the men that represent their 
 country in Parliament ; to these there would be no difficulty in 
 commun:cating with the Representatives of Upper Canada. 
 
 The mitans of attaining the English language are so various, 
 and its actual attainment so very common, that this objection 
 dwindles to nothing, and seems only raised for the sake of op- 
 position. Without a competent knoioledge qf the English tongue 
 
it would be difficult for a Canadian fully to appreciate the benefits 
 of our Constitution, to learn the interests of trade, or to know the 
 political situation of his own country and of Europe. Thus ne- 
 cessity makes every one who aspires to represent his countrymen 
 acquainted with the language of England ; and he performs his 
 duty with the same benefit to his country, aird honour to him- 
 self, with the knowledge of two languages, that he could by 
 being ignorant of one of them. His knowledge of English does 
 not make him ignorant of the interests of his constituents, nor 
 ihe welfare of his country. 
 
 To understand Jie laws of Canada also, the language of 
 France is not sufficient, as the criminal code of England has 
 been given us by the British Parliament. It therefore becomes 
 the duty of every man to understand the language in which his 
 law is written ; and so sensible are the people of Canada of this, 
 that to the most enlightened members of our House of Assembly, 
 and those who have the greatest sway in its councils, English is 
 the language of adoption, and by them is spoken so fluently that 
 it denotes it to be a$ familiar to them as their mother tongue, 
 French may be the language of infancy, but by him who wishes 
 to succeed in commerce, at the Bar, or in the Senate, English 
 must be spoken through life : its attainment is his first step in 
 education, it opens to him the road to ambition, to power, and 
 to wealth. If such be the case at present, what hindrance can 
 there be to his advancement by the Union, what detriment can 
 he receive by a connection with our neighbours ? 
 
 The next argument which at first appears more serious, upon 
 investigation proves equally futile; the contrariety of laws. 
 This objection is the production of designing and artful minds, 
 who delight in disturbance, who prosper in commotion : each petty 
 difference in their hands soon swells to an insuperable difficulty, 
 what reality cannot furnish, imagination can supply ; speculative 
 evils rise up, clad in the formidable terrors of fancy, magnified 
 by the suppositions of ignorance. 
 
 In many parts the institutions of the Canadas agree, in some 
 there is a difference, but this is not so great 93 we are led to 
 imagine. How many mention this dissimilarity without know* 
 ing where it consists ; how many deplore the danger of altera* 
 tion, without knowing the consequences that would follow I 
 Great surprise will no doubt arise wnen it is here asserted that 
 with the exceptian of the Feudal System, there is no material 
 diversity in the two systems of jurispiudence ; and even in that 
 not so much 9s the 7orld generally supposes. In all commercial 
 cases, the rule*^ of Englisn evidence are introduced ; and the 
 Courts of Law ure inclined to extend the influence of^ the 
 English Law much further : many pc ints must arise in extensive 
 
 B 
 
10 
 
 commerce that the laws ofsvch a nation as France, whose trade 
 was so limited, have not for'>reen ; here toe are obliged to seek 
 information from England ; by this means her commercial law 
 is introduced, its wisdom acknowledged, and its decisions adopted. 
 And the Lex Mercatoria is nearly a universal law ; therefore, so 
 far as that of France has provided, there is little want of simi- 
 larity. Ag^in the principles of natural justice compel all men 
 to follow, in some measure, the same rules in the same cases ; 
 except where some eccentric reason interferes to interrupt its 
 natural course; thus the grand outlines of jurisprudence must 
 agree in most civilized nations, though its smaller ramifications 
 may vary. Artificial systems that are not founded on natural 
 rights, but which are formed for some particular emergency, are 
 another source of variance. Such, for instance, is the Feudal 
 System, and in which consists the great difference in the laws 
 of the Canadas. The slightest knowledge of the history of the 
 English law, will show, that its tenures are derived from the 
 same source, that though they have lost all the slavish parts of 
 the system of feuds, its forms are retained, and chat they iiave in 
 every instance been materially influenced by its principles. 
 Our institutions are derived from the same German origin ; 
 time has altered many of their lineaments, but they still preserve 
 the same general appearance : being of the same race, we shall 
 be the more easily united, our dissimilarity smoothened by time, 
 our similitude improved by association ; till at length the differ- 
 ence of our laws and of our language will become a matter of 
 research for the future historian, and a never-failing theme of 
 conjecture for the speculative Philosopher. 
 
 That part of the law which most nearly affects the security 
 of our possessions, the preservation of our personal liberty, is 
 like that of Upper Canada, the criminal code being derived 
 from England; and the trial by jury, the inestimable gift of the 
 mother country, adds still more to our similitude. 
 
 Thus this dreaded evil has, by a ilight survey, faded away ; 
 its threatening aspect shown to be the effects of misconstruction, 
 its dangeis an idle phantom, raised by design for the purposes of 
 faction, and brought forward by ignorance to support an ill- 
 founded assertion. 
 
 These are the avowed and open arguments of opposition, but 
 there lurks behind a danger more felt but less insisted or. : but 
 lest this hidden fear should have more influence than the ap< 
 parent difficulty, its truth had better be discussed, its futility 
 nad better be snown ; a speculation of fear, it receives Its ^nly 
 Support from conjecture : from it has originated the yipof 'Hon 
 of many who have industriously circulated the ar(/umev^s %ve have 
 canvassed, ihat by this thin artific, they might remedy their 
 
11 
 
 private loss, by making it a public misfortune. The fear of 
 losing that interest and influence in the United Parliament that 
 they may now possess, has urged many to decry the present 
 measure as impolitic, because personally hurtful ; as an infringe- 
 ment on liberty, because it may deprive them of their power. To 
 say that these will lose their influence it might not be difficult to 
 prove; but to declare that the Representatives of Lower Canada 
 would not have their proper and equal share of power, would 
 require much ingenuity uncupported by truth, much sophistry 
 in the place of argument. It has artfully been insinuated that 
 measures will be proposed inimical to Lower Canada, and carried 
 by a superiority of interest in favor of the Sister Province. It 
 would be difficult, when united, to find a separation in their 
 interests, and idle to suppose that 'our members would be so ill- 
 chosen that they would leave our welfare to the guidance of 
 chance, or that they would lose their own power through the 
 want of exertion. But half the end of faction is gained by a 
 discussion of its objections, a present ferment is occasioned, and 
 the chances are calculated that though the greater part will con- 
 demn, some may believe ; future dissatisfactions are prophesied, 
 that they may be fulfilled ; being foretold they are more likely 
 to happen. The watchful jealousy of pride will be ever awake, 
 and the cunning artifice of faction will be ever alert, to construe 
 every action as hostile, to prove every measure detrimental; but 
 the enjoyment of advantage will in time silence all oppohition, 
 the proof of utility be an argument superior to the opinions of 
 theory. 
 
 While the political danger is proclaimed, the more powerful 
 aid of religion is not forgotten ; its perils have always been made 
 to excuse the miseries that have arisen from commotion; its 
 mask has often been employed by the calculating hypocrite, to cover 
 the designs of ambition ; it is an armour that has suited all 
 parties, and has been only so long considered as it was useful to 
 worldly advancement: while it is the solace of the good man, 
 it has often been no more than a tool for the attainment of 
 power. It is with difficulty that we can distinguish pure devo- 
 tion from hypocrisy, a true regard for the welfare of religion 
 from the feigned interest that is taken by the unworthy. Many 
 a worthy man, however, imposed upon by cunning, or misled 
 by fear, may believe it to be now in danger; sophistry can do 
 much, and falsehood often wears the garments of truth ; having 
 once alarmed, it is easy to convince, for fear is a powerful in- 
 strument to disturb the understanding. 
 
 In the attainment cf any object, some interest is generally 
 proved, some cjrtain advantage proposed, to recompence the 
 trouble of obtaining it. Established forms are not changed for 
 
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 tbe pleasure of alteration, public opinion is not combatted with- 
 out some appearance of utility. What benefit could accrue to 
 ^e United Canadas from altering the religion of one half of the 
 population ? Could it make the people more rich, could it make 
 them more worthy or increase their happiness? Would the 
 Government haeard such a measure from caprice, or incur a 
 nation's opposition for a shadow ? 
 
 But we have a bond of faith more than eufficient to preclude 
 such an attempt for ever; an Act of the British Parliament, 
 and its uniform practice of toleration for more than half a cen- 
 tury. " Religion," to speak tiie language of its decree, *' is to 
 be inviolate." Can such a security be doubted, or such an 
 autiiority opposed ? 
 
 Our situation when united would not be unprecedented, nor 
 such a combination discordant. The Republic of Switzerland 
 is formed of separate States, which profess the religions of Rome 
 and of Calvin. Their harmony has become a proverb, and was, 
 until the late convulsions of Europe, the envy of the world. 
 Let us be actuated by the same feelings, and we may be equally 
 happy. vl*> 
 
 Having thus canvassed every complaint, all sides of the ques- 
 tion have been «ecn, every bearing brought to view ; the pros- 
 pects of actual benefit have been shown more substantial, than 
 the fears of future evil ; dissimilarity but a name, and danger a 
 mere speculation. 
 
 Let not opposUioH be hcutVy adopted^ and pertinaciously ad- 
 hered to. Our welfare ahouid not be sacrificed to caprice^ and 
 hereditary prejudice ought not to usurp the place qf reason. The 
 question requires mature deliberation, before every point can be 
 understood, every objection considered, and time will be neces- 
 sory to discover the advantages of UNION. 
 
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