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Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film6 d partir de i'angle sup6rieur gauche, de gauche d droits, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 A N i D A, AND THE CANADA BILL BEING AN EXAMINATION OF THE PROPOSED MEASURE FOR THE FUTURE GOVERNMENT OF CANADA ; WITH AN INTRODUCTORY CHAPTER, CONTAINING SOME GENERAL VIEWS RESPECTING THE BRITISH PROVINCES IN NORTH AMERICA BY The Hon. JOHN BEVERLY ROBINSON, CHIEF JUSTICE OF UPPER CANADA. Nec vidisae semel satis est.— 6th /Bnbid. LONDON; PUBLISHED BY J. HATCHARD AND SON, 187 PICCADILLY. MDOOCXL. -.*iS£^i(i!,^^ii,-^;:;-'J'-'; .■ :v ■■ .".-^ -'t- TORONTO; ^••prtnied by W. J. Coitm; Ar».160iCiii(ltre«t. CONTENTS. Page Letter to the Secretary of State for the Colonies v Introductory Chapter of Remarks upon the British North American Provinces 13 Statement of the provisions of the Bill introduced in 1839, for uniting the Provinces of Canada 81 Discussion of the leading objects of the Bill 89 Examination of the Clauses in detail 157 il TO TIXR RIGHT HON. LORD JOHN RUSSELL, [fiR MAJESTV'» SECllKTATY OF STATE FOR TUB COLOmSf. ^c. ^c. ^c. Page »« V sh North 13 tin 1839, 81 89 157 Y Lord, I beg leave to address to your Lordship's consideration ^ome remarks upon the value, interests, and prospects of [er Majesty's North American Provinces, which may, at ^he present moment, repay the trouble of a perusal ; and, more jspecially, an attempt which I have made to call the earnest ittention of Parliament, and of this country, to the nature and )robable consequences of the measure relating to the future jovernment of Canada, which was introduced into the House )f Commons at a late period of the last session. Your Lordship's official connexion with the colonies makes ne desirous that what I have ventured to state thus openly md freely, at a crisis of peculiar interest, may engage your consideration ; and I have an additional motive, in the belief [hat your Lordship will be Jisposed to examine with care all [hat may be urged in respect to the important measure to ^h;ch I refer. I will add, that whatever difficulties your Lord- ship, as a member of the Government, may find in dealing ^ith the Canadian question, I am persuaded there are few /hose individual opinions upon it are less likely to be influenced k the mere personal importunities, or the the prejudices, of Others. These, I think, are the first pages, except so far as I ive been publicly connected with official documents, that I ive ever printed with, or without, my name, upon a political liestion ; and if it be an advantage to those who are chiefly sponsible for a public measure, that all who are to share in .t VI. ! 'ii lh« ilccision sliould liavo au opj)orlunity of considering liie arguments against it, as well us in its favour, your liOrtlship will propably not regret that I have made this exertion. Ifthe course, which has always appeared to me to be on several accounts inexpedient, should be adopted, and should proudce there unfortunate results which are apprehended by me, and not less by persons of better judgment and of more experience, I should have to consider hereafter, and perhaps under painful circumstances, upon what satisfactory ground I had suppressed the public declaration of my sentiments at so critical a moment, when my accidental presence in England had enabled me to state them with convenience, and possibly not wholly without effect. I could only account for the omis- sion by acknowledging an apprehension that by openly expressing my opinions upon a public question, however re- spectfully, I might incur the displeasure of the Government, and that I had therefore been silent ; a reason which, if it should have become necessary to give it, would not have done honour to the Government, or to myself. To those persons who may feel so much interest in the sub- ject as to read what I have written, it will be very likely to occur, that instead of stating in a public manner, and at this late period, my strong objections to the union of the prervinces, it would have been more natural and proper that I should have taken an early opportunity of submitting to the consider- ation of the Government such opinions as I entertained, apprising them not only of what I may have believed to be injudicious in the suggestions of others, but offering unre- servedly, at the same time, such suggestions of my own as my experience and observation in the colonies might have prompted. Your Lordship, however, will do me the justice to acknow- ledge that in this respect I have not been wanting. I refer to the letters addressed by me to Her Majesty's Secretary of State for the colonies, on the 23rd of February, and on the 9th and 29th of March last, for the purpose only of observing that as the explanations of my views which arc contained in t'V4- >nsideiii)g the your l.ortlsliip ixcriion. o me to be on jd, and should ppre bended by t and of" more ', and perhaps ictory ground sentiments at ice in England and possibly , for the omis- it by openly , however re- Government, 3n which, if it not have done 3St in the sub- ery likely to ', and at this he provinces, hat I should he consider- entertained, lelieved to be ftbring unre- ' my own as might have c to acknow- I refer to Secretary of and on the of observing contained in vii. liem, have not been in fact made tlie foundation of any me'a- ure or proposition of the (jovernment, it has not appeared to me, that the circumstance of my having thus communicated with your Lordship's predecessor upon the public questions referred to, should preclude me from discussing openly the same points of general policy, if it seemed to me that any im- portant advantage might arise from my doing so. It has been stated in public debate in strong terms, and I think by your Lordship, that the diiiiculties which have oc- curred in Canada, including the late calamitous insurrections, and the whole train ol evils which led to them, have flowed from the unfortunate separations of the Provinces in the year 1791. Nevertheless that measure, like the present, was re- commended to P.nliament by a Royal message ; and if the opinion just referred to be correct, then that person would have rendered an inestimable service to his country, who by a timely warning could have saved the Government from falling into the supposed error. But, My Lord, havin;j: been an inhabi- tant of Canada during the whole period of the separation which has been thus lamented, I have ventured to form a diflerent opinion of the effect of that measure. 1 ascribe to other causes tlie difficulties which have arisen in Lower Canada ; and I believe tliat the rcunitintJf the provinces would prove to be, in fact, a much more unfortunate policy than the s^^paration of them is even supposed to have been. However this may be, ■H infallibility in the measure of the Government is not assumed to be an attribute of the present age any more than of the last; and I am anxious that wliile there is yet time, those considera- tions which her Majesty's Government have thought it safe to disregard should, at least, pass in review before those by whose judgment the future destinies of the Canadas must soon bi decided, for good, or for evil. There were different methods of accomplishing what I wished. If I had conveyed my opinions upon these public questions through the pages of a review, or of an anonymous pamphlet, or the columns of a newspaper, I should have done on this occasion, what I have on all others studiously and Vlll. wholly abstained from, throughout the twenty-seven year* which I have spent in the service of the Crown. Having deternnined not to make an exception in the present case, I have thought it the most open and proper course not to confine what I intended to ofler to the view of persons taking one side or the other in the political affairs of this country ; but to submit my opinions equally to the consideration of ftU who may imagine that they have any claim to attention. It is quite unimportant that I should add, what may nevier- theless not be improper, that if in the manner in which I have declared these opinions, or in declaring them at all, I shall, in your Lordship's judgment have erred, the error is one for which I am alone answerable, for until the moment when this book shall reach your Lordsdip's hands, its contents will have been unknown to any one ; the intention even to write it has been known only to myself, and was, in fact, not formed until very recently. To your Lordship I need not speak of the vast importance oF the matters which I have endeavoured to discuss, nor of the difficulties which seem to stand in the way of their satisfactory adjustment. I am quite sensible that most of the political considerations necessary to be weighed are of that nature that I cannot pre- tend to possess any particular advantage for deciding upon them, in consequence merely of the station which I have long held in Upper Canada ; and I neither expect nor desire that m}' opinions should be allowed from that circumstance to have any other claim to attention than should arise from the convic- tion that standing in the relation which 1 do to the Government, I could not have opposed myself to the measure which they have introduced, except under the strongest conviction that its adoption might prove fatally injurious to the authority of Her Majesty, and to the security and welfare of her Canadian pos- sessions. In the year 1774, when Parliament was occupied in the first attempt to form a constitution for Canada, it' was well observed by an eminent person in the debate upon the bill then pending, IX. -seven years in the present course not to ersons taking this country ; eration of 6)1 tention. It may nevier- which I have ill, I shall, in one for which hen this book ill have been e it has been ed until very [Tiportance of , nor of the satisfactory n side rations cannot pre- siding upon I have long jire that my ce to have the convic- overnment, vhich they ion that its ity of Her ladian pos- in the first 1 observed pending. Gentlemen who have considered the suliject slightly ma) % regard it with partiality ; those who have considered it ii" deeply must contemplate it with dillidcnce." ^ If i look with distrust (as indeed I have always done) upon |the proposed union of the Provinces, it is not because I have {Upon slight consideration, become partial to any other plan Iwhich I could confidently recommend as being free irom difli- Iculty ; on the contrary, the selection of any course as being \lecidedly the best still requires, 1 believe, more examination, j(and of a different kind,) more discussion, and more minute land deliberate comparison than seem to have been yet ap- ? plied. If my contemplating this point with diffidence should ac- cording to the idea of the celebrated person referred to, arise from my having considered the question more anxiously and deeply than may have been thought necessary by all who have made up their minds upon it, that will not appear surprising when it is stated, that I have resided in Canada from my birth, and that the happiness of myself and of a numerous family, in common with that of nearly half a million of my Canadian fellow-subjects, among whom my life has been spent, depends upon the result of the measures which are to be now adopted. The paper, or rather the book, to which I here entreat your I lordship's attention, so far as it contains any statement of facts, J will be found, I believe, to bo incontrovertible. In regard to the opinions, and more especially the anticipations of the future, which are expressed in it, these of course, like most other opinions and anticipations, are very liable to error. If, upon iViatters connected exclusively with Upper Canada, I have spo- ken with more than usual confidence, it may be accounted for by the facts, that for the last eighteen years I have been a member of the legislature, having served nearly an equal period in each house ; that I have been, for a much longer time, in the public service of the province ; that I have had the satisfaction of receiving the thanks of the legislature for the part taken by me in adjust! -g their financial diflScuIties with Lower Canada, and have been honoured with the express approbation of my ;i M 1 I ' It Sovereign, and the repealed approbation of the ►Secretary ^jf State during nriy long career of public duly. I may venture, I believe, further to slate to your lordsliip that, notwiliistnnd- ing the many changes of administration in England and in the Colonies, f have not, that I have been aware of, been so unfortu- nate as to incur the displeasure, in any instance, of those under whom I have had the honor to serve. The three disinguished persons who have represented the royal authority in Upper Ca- nada for the last twenty years are now in England ; and they will bear me witness that their confidence and friendship, which I believe I retain, were not purchased by the surrender of my own judgment, or by the suppression of my oj)inions on any matter that could aftect the welfare of the province. I am well aware, My Lord, that so long and intin)at.e a con- nexion with the colony as I have described mav verv possibly, in respect to some points, have produced a bias which persons accustomed by their position to more extended views would be in no dang;er of contracting:. And I dare say that the apprehension of this has induced the British Government to resort frequently to the expedient oisending out conimisiMoners to report upon the insiitutions and condition of colonies to which, up to the period of their employnicnt, they had been utlcr strangers. But on this side there lies another danger not altogether imaginary. It may iiapijcn that the olfjcers select- ed for this special service niay, by their j)revious course of politics in England, have been connuitted to the support of theories and opinions not merely visionary, but pernicious and unsound, to which they may bend, however insensibly, not their reasonings and recommendations only, but their state- ments. Thev may have princiuallv in thoir view the advance- ment of some personal or pariy object quite apart from the interests of the colony to which they have been sent, but to whicii objects they may nevertheless be content to sacrifice the safety,*the internal peace, and the ndigious interests of a distant territory with which I heir fortunes are in no measure identified, and to sacrifice with stih 1^ 3s hesitation the char- acter of local administrations, of public bodies, and of public XI. lervunts, wliose claims to justice ina}' be esteeiued a sininlf natier in comparison wiih some {general course of policy to he idvonccd on tins side of the Atkmtic. Your Lordship, I am sure, will readily admit that, in look- Lg to the persons whose testimony may most safely be relied ipon as the foundation of parliamentary proceedings, the first requisites to bo ascertained ore integrity of character and lio- jnesty of purpose; and wlicre liiese arc equal, it will hardly bo )elieved by your Lordtihip that Providence has condemned the inhabitants of Canada to such a hopeless inferiority of intel- lect, that they must be supposed incapable of giving so satis- Ifactory an account of what they have seen and heard, and ex- iperienced in a daily intercourse of thirty or forty ycras, as [may be gathered by strangers in travelling along its borders, and in mixing with those whom chance and the courtesies of society mav throw in their wav. I will end by observing that I shall bear, as cheerfully as [others, my individual share of whatever consequences may Iflow from those measures which Parliament shall ultimately adopt, after the question has been presented, in all its aspects, to their consideration. But I could never patiently bear the reproach which I should feel I deserved, if, at such a moment, I refrained from communicating freely to others the apprehen- |sions which I now feel so strongly myself. I have the honor to be, Your Lordship's most obedient humble servant, J. B, Robinson. Wandsirorih, 30f.h Dec, 1839. ' il, ^ r.r 1 i i I I ( 13 INTRODUCTORY CHAPTER. *^Jlections upon the portion of the North American Continent once held by Great Britain — Her present possessions there 7'heir peculiar value from their position, extent, and natural advantages — Circumstances favorable to the per- manence of their connexion with Great Britain — Nova Scotia — New Brunswick — Lower Canada — Upper Ca- nada — These Provinces collectively considered — Necessity of legislating respecting Canada — Remarks upon some questions affecting Canada — Religion — Defence — Colo- nization — Public Improvements — Comparisons between Oip United States and Canada — Steam Navigation to Halifax — Lord DurhavrCs Report — Future Government of Canada. By those who are sufficiently humble to believe in the exist- ence of asuperior intelh'gence, it is very frequently remarked, as |hey pass through life, how much better matters have been Britinh pro- >rdered for them by Providence than they would have been America, ^rdered by themselves, if their wishes had availed them. In the affairs of nations we constantly see reasons for making le same observation, and what is now passing in this kingdom presents a remarkable instance, upon which it would be pleas- ig to dwell, if it were nut for the inconvenience of the digres- sion. I will take, however, a no less striking, though perhaps less interesting example from the subject before me. Let any one look attentively at the map of North America, md mark what were once the possessions of Great Britain ipon that continent, and what portion of them she still retains. 'hen let him consider how frequently, and even within the )resent century, historians and statesmen have lamented the )ss of those immense colonies, (such as no nation ever before possessed,) which form now the republic of the United States. '"e have heard by turns the policy condemned which led to le revolt, and the military blunders deplored which rendered c ill' Hi ii II •ijli'^ jMll! ill I ( 14 it successful ; and by many even tlie conquest of Canada ha» been regretted as a calamity to England, because it delivered the old American colonies from the presence of an enemy, whose encroachments bound them to their mother-country by a sense of danger ; and they were thus left ^t liberty to con- sert schemes of independence, which with so formidable a foreign power behind them, they would probably not have thought it prudent to aspire to. But no one who desires that the British power should con- tinue for ages to maintain its ground in North America can now think these events unfortunate. Many who bore arms in the contest alluded to are still living, and yet, in the interval that has elapsed, the American States have acquired a population twice as great as that of England was at the time of the struggle. It is only necessary to consider this fact, to look at the almost boundless territory which these states comprise, — to contemplate their increasing trade, the great line of seacoast, the variety of climate, and productions; and the abundance of all the materials for forming a powerful nation ;— it is only necessary to consider these things for a moment, and we must arrive at the conviction that the separation of such colonies ftom the parent state was inevitable. They must soon have outgrown the condition in which they would have acquired protection ; they have already long out- grown it; and the conflicting interests of trade, with the incon- veniences which mere distance occasions in the exercise of an actual superintendence, would sooner or later have produced desires strong enough to overbear the feelings of attachment, and the sense of duty, more especially in colonies settled as those had been. But is it not clear that, if the event had been delayed, those other possessions upon the American continent, which Great Britain still retains, would have become peopled with colonists of the same description, and that when at last the struggle came, all would have gone together ? Again, if we admit, as I think we must, that the circumstance , N th 6U ba Janadft has t delivered in enemy, country by ty to coK- niidable a not have hould con- lerica can still Hving, 3an Stales ' England >k at the prise, — to sea coast, ndance of ■it is only 1 we must 1 colonies hich they long out- he incon- jise of an produced achment, icttled as ed, those ch Great colonists struggle mstance 15 of the older colonies having severed the connexion at so early A date, has been in fact the means of saving the present British provinces to the mother-courtry, it is scarcely less cer- tain thpt the vi'ar of 1812, which was engaged in by the United States, mainly for the purpose of subjugating the Canadas, iias had the effect of binding them, as well as Nova Scotia and New Brunswick, much more strongly to the crown. Before that war the United States were scarcely looked upon by the subjects of the British empire as a foreign country; the pro- bability of hostilities was not anticipated, and of course not guarded against ; the citizens of the republic came in numbers to settle, especially in Upper Canada, and, but for the war, in a few years thousands of those fertile acres, which have sjnce afforded a home to loyal and grateful emigrants from England, Ireland, aqd Scotland, would have been occupied in a manner much less condusivo to the maintenance of British connexion. The war was happily undertaken at a time when the ad- joining states of America were but thinly inhabited, and when the invasion of Canada was, in consequence, attended with many difficulties which time has removed. It has had the effect of calling the attention of England to a danger which Lord Selkirk, in his very able book on emigration, pointed out to the government so early as the year 1805 ; it has produced in the British colonists a national character and fcejing, and has taught both countries to appreciate their position more correctly. The citizens of the United States have no longer imagined that they could reasonably expect to find themselves admitted at once to become the proprietors of land which they had recently invaded as public enemies ; and Great Britain has been awakened to the necessity of the more just and cautious policy of settling her own dominions with her own subjects. Although, therefore, the war of 1812 was considered at the time, as in many respects it was, an event much to be de- plored, it has not been without very striking advantages, so far as respects the maintenance of British power in America ; and notwithstanding it was undertaken at a time when th? I'f > ill Ik M !1: ill) 'llli Ill I .if 16 Canadas were but weak and little able to resist, still there is much reason to believe that if it had been deferred but a few years longer, the difference of circumstances would have been in favour of the invading armies rather than against them. Nor are these the only instances in which events, supposed at the time to be unfortunate, have tended strongly to the pre- servation of British power on that continent. Every one knows that at the conclusion of the American re- volutionary war in 1783, by some strange mismanagement of the British negotiators, there was ceded to the late American colonies not merely their independence (which was all they professed to have been contending for), but with it an immense region to which they had no claim, and which was greater in extent, 1 believe, than all the thirteen colonies together. I mean that western and north-western territory which is now becoming the abode of millions. This, too, has been reckoned a misfortune, as it was certainly a fault in those who made the extraordinary concession; but a little consideration, I think, will convince us that, after all, it is not to be regretted. A country of such boundless extent, of such variety of climate and production, to a great part of which the Mississippi, and not the St. Lawrence, is the natural outlet ' — would hardly have been maintained for a long period in de- pendence on the British crown. Being divided from the United States by no natural boundary, the amalgamation of a people speaking the same language would long before this time have proceeded to such an extent as to decide almost silently the question of country. There being no other resource so desirable, and so extensive for the outpourings of the older States, these people would have passed to that quarter, scarcely in less numbers than they have done under other circumstances ; and it is quite ovious that in the event of a war, the territory would have been much too re- mote a field for British forces to have acted in with effect, for they would have been too distant froni their resources. And, besides, it can scarcely be doubted that the collisions yvhich such a distribution of the American continent must have 17 led to would have made the preservation of peace between Eng- land and America altogether hopeless. I do really believe, therefore, that the Englishman who de- sires that his country should retain a permanent footing upon that continent, and the British American Colonist who earnestly hopes (as the great bulk of them do) that the connexion may endure while the Bi Jish name lasts, have both of them reason to rejoice in the facts I have adverted to, and to be more than contented that matters now stand precisely as they do. And now let us look again at the map of North America ; and, while our eye runs over those noble portions of it which still glory in the name of British, we cannot but be struck with their extent, their position, their natural advantages, and their inestimable importance to the empire. We there see Nova Scotia with Cape Breton and New j^^^^ g^ou. Brunswick forming together a territory larger than some of the arunJwIck- powerful kingdoms of Europe, abounding in excellent harbours accessible to the fleets of Fngland, teeming with coal, the most valuable production in the present age, and under present cir- cumstances, that Providence could have bestowed upon them ; presenting it, too, at that very point, where it is most important it should be found, the edge of the American continent. And while these fine colonies occupy precisely that position which, in reference to this object and to the fisheries, makes their possession invaluable to a commercial country, whose greatness, if not her security, depends on her naval power, they are at the same time so placed that their combination with Canada, in any efl^brt of physical force for throwing off the do- minion of the mother-conntry, would not be practicable, if all traces of that generous loyalty should be obliterated which now distinguishes them among the subjects of the crown. They never can, in any stage of their advancement, enter- tain the idea of associating with Canada in order to form an independent nation. Their geographical position forbids it. — Protected and aided by Great Britain, their gallant militia, the soldiers stationed there, and whatever resources their zeal and courage can supply, can by her fleets be transported to aid in r v\ I ill m Jill; •II !'!ll' lliiil I ii I III Canada. 18 the defcuca of Canada agaiiist a common enemy ; but their efleclive union with Canada, in order to defy Great Britain, is an event physically impossible, as it is morally speaking im- probable. Then, looking to the two provinces of Canada, in what other quarter of the American continent could so vast a territory have been placed, with the hope of maintaining it as a British possession; a territory embracing such an extent of fertile soil, and ;2tretching into a climate so genial as the western parts of the upper province ? Separated, as Upper Canada is, from the United States by a well-defined boundary, and having (it is true) that foreigi? nation along her whole extent of frontier, it tends most ma- terially to her safety that she is accessible to no enemy from behind. No power intervenes between her and the uninhabitable regions of the north. She will always have behind her the protection of an impenetrable waste. It is an error to suppose, as many do, that the same progress of events which must naturally have led, at some period, to the separation of the other American colonies from the Crown, will in time as naturally lead to the loss of Canada. If it were so, there would indeed be small encouragement to England to foster her growth by exertions which would iij that case be only accelerating the period of her independence. But a little reflection must conduct us to the conclusion that this apprehension is imaginary. Putting again out of view all feelings of loyalty, and all obligation of duty, the event of Canada being a sovereign and independent power is surely not one which the world can ever be destined to see. With a foreign nation already num- bering fourteen millions of people, interposing between her and the Atlantic coast, with but one outlet to the ocean, closed for more than five months of the year, Canada could never become a naval power, and could never protect her commerce against the weakest maritime nation in Europe. Her inhabitants must see, and indeed all British Canadians do now see, and well 1 ' ; but their It Britain, is peaking im- I what other ; a territory as a British r fertile soil, 3rn parts of d States by that foreigi) s most ma- ;nemy from linhabitable »d her the le progress period, to he Crown, uragemenl 1 would iij pendence. nsion that y, and all reign and jrorld car) ady num- n her and losed for r become e against ints must md well lurideratand, that nothing cnn coincide more happily than their [feelings, their interest, and their duty, under the present arrangenient. They require precisely that protection which tthe naval superiority of Britain enables her to give, and, in return for it, they, and the other North American colonies, can contribute incalculably to maintain that naval superiority by their timber, their harbours, their fisheries, and their trade, vvhich even now supplies employment to nearly two thousand British ships. The people of all these colonies know full well that, if their independence were granted to them, they could not maintain it, and that the only alternatives are their belonging to Britain, or belonging to her greatest commercial rival. They have shown on more than one occasion, as unequivocally as deeds can speak, on which side their preference lies, and that they do not waver in their allegiance. This country has not the feeling of attachment to create. It is there ; it has taken strong root, and has a generous growth ; she has only to culti* vate and to shelter it. If, besides her possessions upon the skirts of America, valu- able for their harbours, their fisheries, and their coal, it is desirable for Great Britain to have a territory on that conti- nent of such extent and fertility that she may reckon upon drawing from it, for ages to come, the timber, the hemp, the grain that she may have to seek from abroad ; a country in which millions of her subjects, flourishing happily under her laws, may furnish employment to her manufacturers, her ship- owners, and her seamen ; in which the superabundant popula- tion of these kingdoms may find a desirable home, and in which British capital may be usefully and profitably employed; then no man, who will examine and consider, can hesitate for a moment to declare that Canada is precisely that country. There are in the Lower Province immense tracts on the south side of the St. Lawrence, accessible to the emigrant, where the land is fertile and excellently watered, and the cli- mate particularly healthful. Lower Canada. I:!!' 1:' '*'t ii !l i^ '■II' il Mi i i jliii I I 1!! ill; "I •l! li I "Ii' Upper Canada. Inland 20 The winters are indeed severe, as compared with this country and with most other parts of America ; but on the other hand fuel is abundant and cheap, and the seasons undoubtedly admit of raising such crops as will support in plenty a dense population : in short, that part of Canada possesses such advantages as enable it to improve certainly, and beyond mea- sure, the condition of the industrious poor, who languish for want of employment in many parts of the British islands. And to desire that those should be transferred thither would, to say the least, be no unpatriotic wish for an Englishman to enter- tain : for in a country like this, where trade and agriculture are pushed to the utmost, it is remarkable how speedily the vacum occasioned by emigration is filled up, to that point at least which admits of labour being furnished for all. There are, in that small treatise of the late Lord Selkirk on emigra- tion which I have already cited, some remarkable and inte- resting proofs adduced of this from the Highlands of Scotland and the Hebrides, from whence there has been considerable emigration to America, from time to time, for more than sixty years past. Then, when we turn to Upper Canada, wc find a country of large extent, with a soil unsurpassed in fertility, and a climate that admits of the cultivation of the very finest wheat; abound- ing in valuable timber, and in the most useful minerals, with the advantage of navigable waters running through it, and around it, in a manner that cannot be seen without admiring so beautiful an arrangement of nature. The chain of lake? and rivers, from Lake Superior down- watm. wards, composes the noblest inland channel of fresh waters on the globe; and it is, I think, no extravagant pretension to chal- lenge for the St. Lawrence the pre-eminence over every other river in the world. There are some which, passing through hotter and less healthy climates, are not abstructed for any part of the year by ice; and some perhaps, which, from their source to their outlet, flow over a longer line ; though there are few that are navigable for ships of large burthens to so great a dis- tance from the sea. But let it be considered that no marshes *21 deform the banks of the St. Lawrence, which arc cv'tny where well defined; no crocodiles or alligators infest its sliores ; it abounds in what is valuable, but produces nothing that is noxious; no deadly fevers desolate the country through which it runs ; it is subject to no inundations ; and its clear and wholesome waters are fit for every domestic use. I may add, that, under a temporate climate, it pursues its majestic course through fertile lands, in which the state of slavery no . here prevails, and lands which are distinguished by the language, the laws, the freedom, and the enterprize of the British race. Around the province, to the northward, flows the noble river Ottawa, which, by its connexion with Lake Huron, forms a { »iain of waters encircling that portion of the vast territory of Upper Canada which includes all its agricultural settlements, iukI, in fact, all its surveyed and organised districts. Beyond this line, it is doubtful whether civilization will ever be extended ; and even within it there is an immense tract yet unexplorttd, of which the greater part is believed to be unin- habitable ; not so much on account of the climate, for it all lies within the 47ih degree of north latitude, but because, so far as it is known, it is in a great measure covered with lakes and rocks, and presents a most uninviting appearance. It is reported, however, that within this region there are large tracts of fertile land, which will, of course, not be occupied till the tnore accessible parts of the country have been filled. Upper Canada, taking into consideration only that part of it which is bounded on the south and west by the St. Law- ^^^^,„^ „( rence and the lakes Ontario, Erie, and Huron, and on the nnX.' *"* north by a line drawn from Gloucester Bay, on Lake Huron, to the settlements on the River Ottawa, is indeed a magnificent territory, as regards its climate, its soil, timber, and other productions, the inland seas, by which it is almost en- compassed, and the innumerable rivers and streams which everywhere intersect it. But still (and this fact has always appeared to me very important to be borne in mind) it is not that almost boundless territory which it is by many supposed to be ; its area will be found not to be greater than that oi se- D i! u f^ H( !'. III! Mill ' I! ■ I l!'!'„ i'l '•i 1^' I" iiiil'; i!, I'. '■ Iinprobablli- ly of tlif ir ■eparating rrom the mother-coun iiy. '>•! vcral ol' fhc individual Slates of the American Union ; not ma- terially difiering from the area of the single State of Newlifork; and looking (as for practical purposes it is reasonable to do) upon that territory as composing Upper Canada, which lies within this line of demarkation, and is alone likely to be the scat of a resident agricultural population, it is a compact ter- ritory, happily situated, as regards its relative position to the United States, and to the other colonies, capable, from its ex- tent, of supporting a people sufficiently numerous, with the aid of Great Britain, to defend their soil from invaders ; but not large enough, considering the circumstance of its inland posi- tion, to maintain itself as a sovereign power on the American continent. When I say that it is happily situated, I meai\ for the purpose of perpetuating British dominion in North Ame- rica. For let us consider for a monoent, if Upper Canada, had been filled like the State of New York, with an American* instead of a British population, how could Lower Canada have been preserved a British colony? We need hardly pursue the inquiry further : the fate of the other British pos- sessions in America would not be long uncertain, if the flag of Englcnd no longer waved on the citadel of Quebec, or over the waters of the St. Lawrence. The conclusions which I desire the above observations to lead to are that the British possessions on the continent of North America are precisely those which the circumstances of Great Britain require ; that they are placed exactly where it is most desirable they should be ; that if their extent had been greater it would have been a disadvantage rather than a benefit ; that they are large enough to maintain a population sufficient, with the aid of Great Britain to defend them i that they are not so situated as to admit of their combining to throw ofT the do- minion of the mother-country ; that they could not rationally hope to exist as an independent nation, and have therefore, no other alternative before them but to become members of the American confederacy, or to continue what they are — the fa- voured colonies of Great Britain, protected by her fleets and armies, participating freely in her trade, aided by her capital, >n ; not ma- New lork; lable to do) which lies y to be the ompact ter- iition to the rom its ex- vith the aid rs ; but not inland posi- ; American I mear\for Jorth Amc- /anada, had American, »rer Canada eed hardly British pos- the flag of eo, or over ions to lead tof North ss of Great e it is most sen greater nefit; that cient, with are not so off the do- rationally jrefore, no 3rs of the •e — the fa- fleets and er capital, |;in.'l confinncd, by i»or oxamplt? and li«'r jjow.t, in tlic possci- jxion of u constitution and laws better calculaled than those of any other country to secure the best interests and promote I ihe happiness of the human race. } They have shown constantly and unequivocally (not speak- ;| ing at this moment of the peculiar case of the French popula- tion of Lower Canada) that they infinitely prefer ihe latter alternative. It remains for the mother-country to consider I whether she desires as earnestly, on her part, that the connec- 1 tion shall continue, and whether and by what means she can I ensure its duration. I Having thus contemplated these colonies collectively, let us *l glance at the present actual condition of each. I Nova Scotia is said to contain about 225,000 inhabitants. — sova scona f Its chief riches consist in its mineral productions, its harbours, I and its fisheries. Much of its land is unfit for cultivation ; J and I am not aware that there remain within it any large I tracts at the disposal of the Crown, upon which new settlements I can be formed ; but it is clear that its population is trifling in comparison with what it is capable of containing. It will no |doubtintime be much more densely peopled: some of its lands are excellent, and its climate is remarkably salubrious. Its position upon the coast, being the nearest point to Europe of the continent of America, gi/es it many advantages. The accession to its population will arise chiefly from the impulse I which may be given to its trade. New Brunswick, with the same great advantages of a posi- tion on the Atlantic coast, and the same mineral productions, «'^. has a much greater extent of good arable land, and immense forests of valuable timber. Exclusive of the millions of acres involved in the question respecting the north eastern boundary, she has very large tracts fit for the reception of British emi- grants, who can be transported thither readily and cheaply. Her soil (though in a less degree than Nova Scotia) is broken by barren and rocky tracts, and her climate like that of Nova Scotia, though particularly favourable to health, does not 1 admit of the growth of the finer descriptions of wheat to which i :i Si Sit 24 ii, jjl!!; !!Hl Loyal feel- ins of the innabitantB of these Co- lonies. Upper Canada k so well adaploil. Slie is ricli, however, in natural productions ; her fisheries and her trade may h?. pushed to any extent that her capital admits of, and she has tracts of good land sufficient to sustain a very numerous popu- lation. At present I think her numbers are estimated at about 250,000. In both these colonies the English laws and language exclu- sively prevail ; and everything that is British is valued as it deserves to be. Their inhabitants are a loyal people, con- tented with their political condition, not impatient of their dependence on England, but glorying in their connection with her. On every occasion where they could show this feeling, they have shown it in a manner that left no room for doubt. I need not advert to very recent occurrences, in which this country felt that their conduct did them honour ; for there has been no period in their history in which they would not readily have encountered any danger, and borne every sacrifice, rather than to see the British name trrnisned by a humiliating con- cession. In these provinces, as in Upper Canada, the earliest set- tlers were natives of America, who had unsuccossfuliy supported the Royal cause during the revolt of the American colonies : and who, when that contest was terminated, were provided by the Crown with an asylum \n these new possessions. Their loyalty had no equivocal origin, whatever may be the scnti- ment5 of some politicians of the preserjt day. It was patriotism of the purest cast. Most of them would, doubtless, have preferred that Parliament had forborne to tax them ; many of them perhaps doubted of the right to do so ; but they did not think their purse the only object to be guarded with jealousy. They were jealous of their character for loyalty; scrupulous about forfeiting their allegiance ; and attached to the throne by feelings of aflfection and respect, as well as* by duty. They were willing to entertain the hope that, witnout the desperate recourse to arms, whatever was right would in the end be conceded to them ; and they did not partal'o of that longing for selfgovernment \yhich it is now quite clear, from a !!! ,1 25 hislory, was the moving impulse, in the East«^rn States at least, at a very early period of the controversy. Their loyalty was sincere, for it led to the sacrifice of pro- perty, of country, of kindred, and friends ; and the feeling which has since predominated with them and their descendants is a leeling of satisfaction and pride in the exertions and sacrifices by which their fidelity was proved. They have been troubled by no visitings of repentance for having performed their duty. In the neighbouring republic for many years attcr'thc peace, a fashion prevailed, which 1 believe is now wearing out, of de- claiming before assembled multitudes, on the anniversary of their independence, against the tyi.'uny of George III., and holding him up to the reprobation of the world as a sanguinary oppressor. It followed naturally from this practice, and from the care taken to inculcate the same feelings in the education of their youth, that in the United States ihe name and memorv of King George III. were regarded with hatred, w^hilc the inhabitants of the adjoining British colonies dwelt upon theni, as they still do, with veneration and love, suchasa child enter- tains for a just and indulgent parent. These feelings sprang IVom a pure source ; they do not seem to have been always understood by public men in this country, but they still exist in all their strength ; and if they do not long continue to animate the population which inherits them, the fault will not be theirs. Those who have hitherto obeyed their generous impulse have felt that they were but discharging their duty to God, to their Sovereign, and to their country ; but they have not seldom had the mortif cation to find thai their open and steady support of principles and institutions which they knew to be justly entitled to their obedience and respect has been placed to a less credit- able account. By some it has been ascribed to the influence (it would indeed be an excellent influence) of an imaginary " lamily compact," or to what they have called " Orangeism ;'* by others to an innate subserviency to power, for sordid pur- poses : to anything, in short, but the existence of that principle which is plainly and solemnly enjoined by the Christian re- ligion, and of that feeling the most manly and honourable in I A tr ;h 2(3 '(lili'l Lower i III Cnn:ida. I; uur nature, \vl ieli leachos us to stand by the right, ihrougli good report and evil report, and to cling the closer to what is just and good, in proportion as we see it to be ungenerously assailed. Several of those gallant officers, who have for many years past represented their Sovereign in these provinces, are now in England ; they an; well known to be men of unblemished character; and thoy have it in their power to appreciate the conduct of that class of the Queen's subjects to which I have referred, upon surer grounds than the relations of nameless witnesses; for they have resided among them, and known them. I am confident they will ngree with me when I say that, what- ever other qualifications may have been possessed by the pro- mulgators of such opinions as I have adverted to, they had not those qualities of the mind and heart which enthle them to sit in judgment upon the public principles of such men as I have spoken of, however humble may have been their station, Lower Canada^ unfortunately for herself, and for the mo- ther-country,' was originally peopled under other circum- stances. It is not my intention to enter in any degree into the his- tory of recent political events in that colony. They have become pretty well known. I have already spoken of the climate and soil of this extensive and valuable province. It is fortunate that it still remains in the power of the g ./ernment to provide largely for the reception in it of British emigrants ; and in that very quarter, (on the south side of the St. Law- rence,) where they would in every point of view be most eligibly situated. The French Canadian politicians, it may have been observed, have very strenously resisted such measures as were intended to lead to the introduction of British settlers ; as if that would be an infrinfijernent of an exclusive right of theirs to the country. What success they may have met with in inculal- ting this notion among the people generally I do not know ; but if, because their religion has been so fully protected, their language retained in all public acts, and their tenures and laws preserved unchanged,, they have brought themselves to !l t>7 :1 lliiiili that they have the lurthei' riglit to have thu proviiKX' l<> themselves, it must be acknovvletlgcd that, for their own sake s, it is very desirable that they should be undeceived as soon and as decidedly as possible. Some thousands of industrious and loyal emigrants from Ireland, and from the Highlands of Scotland, would check such absurd ideas of nationality as effectually as a military force ; and humanity and sound policy seem to invite loudiy to the measure. The entire population of fiower Canada is reckoned at something between 000,000 and 700,000 ; of which upwards of 450,000 are said to be the descendants of the original French inhabitants. The peculiar position in which these have been Dlaced, by the indulgent policy of their conquerors, has led to 3mbarrassing consequences. It is plain, from the proclamation of 1763, that it was intended to establish the law of England in the province ; and it was by that act of royal authority esta- blished, and nominally in force there, from that period until the passing of the Quebec Act in 1774, though it seems to have been suffered in the mean time, in a great measure, to give way in practice to the old law of the colony. There has been published very lately, from the notes taken in short-hand by Sir Henry Cavendish, a member at that time of the House of Commons, a full account of the debate in that H^use upon the Quebec Act, which I b^ve just referred to. It is an interesting volume at the present moment ; but I think most who read it will experience a strong feeling of dis- appointment at the inconsistent and indistinct manner in which the policy of the bill appears to have been explained and advocated by most, if not all, of its supporters, as well as at the nature of the opposition which was made to it. The whole English population then in Canada consisted of about 360 families; while the French were estimated at 80,- 000 ; and it seems strange, certainly, that the same speakers who called it cruelty in the Government towards the British inhabitants to respect the attachment of the French to their ancient laws, were yet for compelling Government to give •If; "> if ••I '■ \i 1 II inji! i itil I;!' |i!i: I ! !r:Pi i: ''A' if. 'I ilif:' m . J M 1 1 !': ;ilil lil,; 1 iii'l I ill! h III ;28 to tlie colony, though it was not desired, a House ol' Assem- bly, which must have placed in the hands of a people lately conquered, and at that time essentially foreign, the power to control the British subjects who were living among them, in everything that ailected most their welfare and tranquillity. Of all who spoke in that debate, I think Sergeant Glynn, though he seems to have fallen into this error respecting an assembly, applied himself to the discussion in language the most pertinent and clear. In one of his speeches he uses the following striking arguments, which, after what has lately occurred, and in the present posture of affairs, cannot be read without much interest : — " To any predilection of the Canadians for their ancient laws and customs, I sfiould be inclined as much as any one to yield as far as I could do so with safety ; but to carry my compliance to the exclusion of tlie laws of England, to consent to substitute in their place the laws of France, and lo add to all this a form of legislature correspondent to that of the kingdom whence those laws were borrowed, is what I can never consent to ; and I own my objection to the measure was strengthened when I was told that there was a prejudice and predilection in these people lavourable to those laws, and that it was considered good policy to avail ourselves of this predilection to build a system of government upon it so con- trary to our own. — I should have thought it was rather our duty, by all gentle means, to root those prejudices from the minds of the Canadians ; to attach them bv decfrces to the civil government of England ; and to rivet the union by the strong ties of laws, language, and religion. " You have followed the opposite principle, which, instead of making it a secure possession of this country, will cause it lo remain for ever a dangerous one. I have contemplated with some horror the nursery thus established for men reared up in irreconcilable aversion to our laws and constitution. When I was told by the Noble Lord that they were insensible to the value of those laws, and held them in contein])t, wishing to be bound by laws of their own making, — when I v as told 29 Asseni- le lately power to them, in uillity. t Glynn, scting an ;uage the uses the as lately t be read r ancient I as any to carry gland, to 30, and to \o that of hat I can tisure was idicc and aws, and ?s of this it so con- athcr our from the es to the m by the , instead cause it emplated n reared istitution. nsensiblo , wishing vas told I they had no regard for c^ivil rights, I must conless that it operated with me in a contrary way ; and I could not help thinking that it furnished an unanswerable argument against gratifying them. I think that we could not, with humanity or policy, gratify them in their love of French law and of French religion." — Debates on the Canada Bill in 1774, pp. 258-9. There is much in this, so far as regards the French laws, that does honour to the good sense and foresight of the speaker, if it was sincerely urged. But it is to little purpose now to talk of the wisdom or imprudence of the course which was then pursued. If it was the mere impulse of ber volent and magnanimous feeling of the Government, the error was one of an amiable kind ; but, considering the time, tiiere were pro- bably other reasons, which it was not thought necessary to insist upon in debate. Perhaps it was even then intended to separate, at no distant day, the western part of Canada from the French settlements, and the time was not looked forward to when the British population in the latter would number more than 150,000, and constitute, in point of capital, intelligence, and, one may almost say of physical force, the more consider- able part of the population. We see how the French Canadians have carried themselves under the circumstances ; but, taking them as a people, their character and conduct, I have reason to say, are dilferently estimated among those who have known them long and ob- served them closely, and who have been equally indignant at their treason and distressed at its consequences. For my own part, I think that their assumed, settled, bitter, and permanent hostility to their British fellow-subjects has been too much dwelt upon as the inevitable consequence of the difference of races. That they should have obeyed their new govern .nent from fear, or a constrained sense of duty, rather than from affection, it was natural to expect under any circumstaaces ; though their conquest was, in fact, a blessing to them ; and, if ihey could have prevailed upon themselves to think so, would have brought them unmixed good. i\\ ;lv', 'irrii 'ii. = i. ' i. n if ir. '! '^'';;! riiii: *'l y '■ ' '3 i w il'l i I pi!: 11; 'it !|!iiii lli!l!^ liiiiiiiH' m 1:1 I .nil;; I." " .il: I !' I- ■ !!; lit 30 But we cannot wonder that they tlioughl otherwise. Being allowed to retain all that most tended to make them jel dis- tinct class of British subjects, and to keep alive old attach- ments and recollections, they continued to be a description of people likely to be easily impressed with suspicions and alarm, and readily misled to entertain hopes, and indulge in desires, the most criminal, and, at the same time, the most absurd. But I believe that for years and years after the conquest, hatred of their fellow-subjects, and of their government, was not an active or settled principle in the minds of the poor Canadian peasantry. That they had ambitious individuals among them, who, as the race swelled in numbers, began to cherish a very insane ambi \/ii, reckoning upon their power (o corrupt their countrymen, there can be no doubt. We have seen the whole process of the evil springing from this source and working through a period of more than thirty years; and we have just witnessed the melancholy result. Bnt the French Canadian leaders were not the only agents, they had able as- sistants and instructors; neither did they succeed without great difficulty, nor until after a long course of persevering agitation; and they would not, 1 am satisfied, have succeeded at last if the Government of this country (I s>peak not of any one or more administrations) had not unfortunately trusted too much to the effect of unwearied indulgence, and forborne, in consequence, to exhibit that firmness which is necessary to secure confidence and submission, and without which no government will ever have credit with the ignorant and the prejudiced for believing itself to be in the right. That the French Canadians are now generally impressed with the most unkindly feelings toward the British name and nation cannot be doubted or denied. Besides the state of irrita- tion to which they had been brought before the insurrection, by the artful practices of their leaders, they have most of them suf- fered most severelyj and,though their suflferings were wantonly brought upon themselves by outrageous misconduct, yet we _nust all know human nature better than to think it likely that .1 Being & dis- l attach- ption of 1 alarm, desires, absurd. onquest, ent, was the poor dividuals began to power 1() Ve have is source jars; and le French i able as- lout great agitation; last if the or more ich to the sequence, lonfidence will ever believing impressed lame and $ of irrita- ection, by | them suf- wantonly t, vet we ikely that inese 450,000 people have arrived at the conviction that thflj have only themselves to blame. How long their present disposition and sentiments may con- tinue no one can pretend to say. Of course that will very much depend (»n circumstances. That they are now in that temper that would make it very unsafe, if it were otherwise desirable, to place it in their power to bring their animosity to bear upon the political measures of Upper Canada, is an opinion that I think must |be very generally entertained by those who will duly reflect upon the subject. Passing to the last-mentioned colony, I will remark, in addi- vjp»r tion to what I have stated, that, of the four British provinces, ^'"'■^■* Upper Canada is unquestionably that in which time has made and will continue to make, the most rapid and surprising changes. Its extent, its temperate climate, its fertility, its lakes and rivers, all combine to attract emigrants to it ; and when it is considered in how short a time its population has risen to its present amount, and how rapid has been the increase of late years, it is evident thata generation or two must make changes that wouldjastonish us now if we could foresee them. There are people in Upper Canada still living who saw it when it contained not a cultivated farm, nor any white inhabit- ants, but a fevv fur-traders and soldiers, and perhaps ten or a dozen French families, on the south side of the Detroit river. 1 can myself remember when its population was estimated at less than 30,000 ; in 1813 it was supposed to be about 70,000; in 1822, 130,000; and in 1837, the census showed a population of 390,000 ; but all the townships were not then returned. The number ['suppose to amount now to something between 450,000 and 500,000. These are all living in the en- joyment of the English law, both civil and criminal administered in the same manner as in England. The English language is universally spoken ; and recent events have shown that there is among the people generally a sound feeling of attachment to their constitnlion and government, a strong sense of duty to their Sovereign, and a determination to resist any danger that seems to threaten their connection with the British Crown. A 'h^' ■i.i i . ■ l t :.' u « i i; -! ! '! ' 32. ,■!( ill '•;;ii ; ill!.!! Hi: I ,1 !: li •The Government has at its disposal la]'ge tracts of fertile lands in this province, on which emigrants may be settled ; and when these are occupied there will doubtless be found others in quarters which have not yet been sufficiently explored, equally fertile, though less eligibly situated. «mi|ration. But SO soon as all traccs of the late extraordinary agitation shall have vanished, and the affairs of the adjoining colony shall have been placed in a more settled state persons with more or less capital will continue to emigrate to the province, as they have formerly done, selecting lands by purchaste from the Government, or from individuals. The intelligence the capital, the feelings of attachment to Great Britain and to her institutions, which accompany this class of settlers, make them an acquisition of great value to the province ; and it is evident that a vast additional impulse must be given to this descrip- tion of emigration by the regular establishment of steam- packets between England and New York, and still morn per- haps by the direct communication by steam with Halifax and Quebec, which, under the very judicious and liberal arrange- ment entered into by the government, will go into eflect in the month of May next. By these facilities the safety of the passage is almost insured ; and during the summer three weeks only are required for placing the emigrant from these kingdoms in the centre of Upper Canada. One great advant- age of this change is, that it will induce many before their final resolution is taken, to visit the colonies, and judge for them- selves in what way their interests or comfort may be advanced by removing to them. It will soon be better understood to what description of persons emigration is likely to be beneficial, and what class it is not likely to suit ; the negative as well as the positive effect will be useful to the colony; the discourage- ment of those to whom the experiment would be disastrous, as well as the encouragement of others whose industry and pru- dence would make the change advantageous to the province and to themselves. Among the crowded population of these kingdoms there must always be many who become reduced from a state of r comfort to destitution ^by their imprudence or mislortuncs. When persons of tins description, in the hope of bettering iheir condition, emigrate with large famihes to a new country, at a period of life when their energies are impaired, and with habits wholly unsuited to their new position, they have nothing to ex- pect but increased discomfort. To succeed as emigrants, ihcy require either money or prudence, or a sound constitution and industrious habits. By throwing themselves upon a new country without resources, and without plan, they only aggra- vate their misfortunes; they separate themselves from the sym- pathies and assistance of friends and relatives, and they either remain in the province to be pressed down lower by their ditli- culties, or they return to England disappointed and disgusted, imputing to some fault in the country that want of susjcess which, they had none of the requisites for ensuring. It is a painful delusion for^such persons to look forward to govern- ment patronage for affording them the means of support in tiieir newly-adopted coimtry. Undoubtedly some have by these means been rescued from difficulty ; but such a resource must necessarily be limited. If they had all the qualifications requisite for fdling public offices, and if their misfortunes were allowed to overule all the claims of others, still the field would soon be wholly occupied by such of them as had arrived first ; and those who might follow must be doomed todisappointment. There is another class of emigrants whose adventure is fre- quently unpropitious. I mean young gentlemen well educated , and of good families, who, having discovered an unfortunate proneness to idleness and dissipation, are' encouraged by their friends to remove to Upper Canada, in 'the hope that, leaving behind them some of the temptations to vice, they may sud- denly ^take up new habits, ""and become useful to themselves instead of being a burthen and discredit to their friends. In general this experiment in domestic policy signally fails. Withdrawn from the observation of parents and friends, they are delivered from a most powerful check upon the impulse of vicious propensities; and in a society less crowded than that of Europe their misconduct is more conspicuous, and^ more cer- V- 11 \\ I 'I > V, , i;iM it tin ^^J! V M 'W> 1^ !:'|..;'"i % i *■ is" )ii; 111, ' ill m \il' W tain to be attended by a ruinous loss ol' reputation. At that period of life the mind requires something to create interest and excitement ; and when a young man of liberal education is placed in a remote wilderness, with'nothing around him to invite to the pursuits of literature and science, and no rational amuse- ments within his reach, there is great danger that even the well-disposed will yield to the temptations, or rather I should say to the discouragements, of their position. To the unthrifty and heedless it is certain ruin. Those who should emigrate to Canada are the able-bodied labourer, the industrious and sober mechanic, and any persons of whatever class, who, deriving from some source a moderate income, upon which in this country they could barely subsist, may enjoy in tfpper Canada, upon the same income, a greater abundance of the comforts of life, and may with prudence and economy be at the same time gradually forming a property which, in case of their death, will secure their families against absolute destitution. Those possessed of considerable capital, or combining the qualifications of youth, activity, and discre- tion, may make the experiment lead, in their case, to much greater results. Such persons may, with the present facility of communication, without much inconvenience go and judge for themselves. That they will soon do so, in large numbers, and will find their account in it, I have no doubt ; and when the inestimable advantage of stenm navigation has greatly swelled, as it must do, the number of this class of emigrants, then the country will have anivcd at that state when much that has hitherto occasioned disappointment and failure will no longer apply. The diffusion throughout the province of well-educated and respectable families, and the more general introduction of those habits and objects which give refinement and interest to life, will banish the dull weariness which drives too many to vicious indulgences, as a mere resource for occupying time. There will then be found, throughout all parts of Upper Canada, those attractions, and consequently that contentment, which, from the accidental assemblage of many such families as I speak of, 35 It that tercst tion is invite imuse- |en the [should Ithrifty are now to bo found in detached portions ol' the province, such as Cobourg, Woodstock, Sec. The introduction of steam- packets has in effect brought all these colonies very much nearer to Europe; and must in a short time lay open the truth, upon the points 1 have spoken of, to such numbers, that no mis- representation or delusion can triumph Ion;? ; and then, on the other hand, there will be no necessity for enlarging upon ad- vantages which can no longer be hid. 1 have observed it to bo common for persons in this country ciimat». who are inviting people to emigrate to New South Wales and New Zealand to make statements in pamphlets, and news- papers, and at public meetings, respecting the climate of Upper Canada as notoriously unhealthy ; and I have seen in one or two instances Toronto especially mentioned as being subject to this disadvantage abovo other parts of the country. Toronto, therefore, without unfairness may be referred to as a test of the truth of such statements. It will be admitted that no condition in life is exempt from such diseases as spring from the unwholesomencss of the air we breathe; and it is most to the purpose in such inquiries to look for example among those who are in the enjoyment of the necessary comforts of life, and who, it may be supposed, refrain from those heedless excessess which inevitably shorten life in all countries. I will mention a few instances of such a de- scription as I allude to. I can speak from memory of Toronto, as it is now called, for 40 years. During that time it has always been a military station, seldom garrisoned by loss than two companies of soldiers. For several years during the last war two or three regiments were quartered there, and for many years since it has been the station of a regiment. 1 cannot call to mind that I have heard or known of an officer of the reguhr forces having died there in all that time, and I believe not one has. I have frequently spoken of this in Canada, and have never been told that I was in error. To give another example. Toronto contains now nearly 13,000 inhabitants. Until very lately three of the messenger* in attendance upon the Legislature were persons who hod U 1 1 1 1 li 'I I ^ i^ f! I 1; ., Ht., '■ 1 111' m m ii 'if ill; I'li'h m i'! : ',1 111 ; hilt' I in i' :1 ii' 'I! 30 lived there since the first houses in it were built. Of tliesc, one rlicci about three years ago, another within the last year, and the third, who was a soldier in the British army at the battle of Bunker's Hill, and is now, 1 believe, nearer 90 than 80 years of age, U still in the personal discharge of his duty. ^lir.ce the year 1792, when the province was organized, no governor has died there during his administration. No judge of the superior court hus, during that time, died in the province, until after his retirement from office, and none, I think, until lie had attained the age of 75 years ; and it is remarkable that, although in the two or three instances judges of advanced age have yielded to the fatigues of a long and harassing assize, there is no case, that 1 have heard of, of the administration of justice upon the circuits having been obstructed by any member of the court having been attacked by a disease such as climate could have had a share in pro- ducing. When the bad accommodations of a new country arc considered, the inferior diet, and the long journies over bad roads, at a season of the year when diseases were most to be apprehended, this affords strong evidence that there can be nc*.hing unusually dangerous in the climate of Upper Canada. 1 will add yet another proof. In 1812 I was one of a com- pany of 100 volunteers, who followed Sir Isaac Brock hi the expedition which terminated in the capture of Fort Detroit. This body of men consisted of farmers, mechanics and gentle- men, who, before that time, had not been accustomed to any exposure unusual with persons of the same description in other countries. They marched on foot, and travelled in boats and vessels, nearly 600 miles, in goi ig and returning, in the hottest part of the year, sleeping occasionally on the ground, and fre- quently drenched with rain ; but not a man was left behind in consequence of illness. I do not mean to intimate that Canada enjoys by any means an immunity from disease. Life is utterly uncertain there, as Providence has wisely decreed it shall be in every country: and, while 1 am writing this, painful facts may be taking place \m [lesc, one par, and le baltl(i than 80 itv. liizctj, no d of, ol" »g been tracked in pro- ::ountry 3s over most to re ran Uppci- a coni- iii the Detroit, ^entle- any 1 other s and lottest d fre- ehind leans e, as and, jlace which would disable me in another month from repeating some of the statements which I have now made. But neither pro- vince of Canada can be justly represented as unfavourable to health, though in some parts at the present day the fevers and agues which generally attend the first progress of settlements are of frequent occurrence in a certain season of the year ; especially among those who are much exposed to the weather, without wholesome food to sustain them. In the early settle- ment of the country it is probable that this inconvenience pre- vailed very generally. In Lower Canada such disorders, if they are known at all, are extemely rare ; but, from the greater degree of cold in winter and of heat in summer, acute diseases are perhaps rather more frequent there, though I am not sure that they are in any considerable degree. The official returns of the arnny must afford fair grounds of comparing, so far as soldiers are concerned, the climate of Ca- nada with that of other stations. I have heard medical men, who have served in almost every foreign quarter, declare their preference for the climate of Canada. But, claiming no pecu- liar excellence for it, it is at least not too much to say that, whatever may have been the case in the early history of the country, it is with little justice that efforts arc now made to deter persons from emigiating to Canada, by speaking dispa- ragingly of its climate. I believe it to be in general less favourable to health than England, but not peculiarly subject to fatal disease. I know nothing of our Australian colonies but what I read in print, and chiefly in the accounts of persons who seem to take a warm interest in their advancement. In these I" gene- rally find the admission, that, in point of fertility of soil, they are far behind the provinces of Canada ; and, speaking from them, I must say that if, instead of becoming a settler in Ca- nada, it be really a wise measure to cross the line, and make a voyage 7000 miles longer, in order to reach a country where aii acre of land is reckoned to be necessary for the sup- port of a sheep — where a shilling sterling is paid for a pound p I n i "f I't 38 t;i ii'i ■' mw 'f m ''!'! I'i of meat, which, in Canada, would buy four; twenty shillings for a bushel of wheat, whicli may be bought in Canada for five ; £35 for ar* ox, and £18 for a cow, which prices in Ca- nada would respectively purchase four of each: if, I say, there be really wisdom in makx ^; this choice, and humanity in urging the people of this country to adopt it, some otlicr and better reasons shouU be given for the preference than those which relate to the climate. For I certainly do believe that,if we regard either the average enjoyment of life throughout die year the equable distribution of moisture necessary to the growth of crops, or the alternations ^'^ heat and cold which are favourable to the most substantia! products of the earth, Canada has a decided advantage, in poLit of climate, over any of the soiUhern or eastern colonies. Having mauc this hasty reference to the present actual con- Provinces ditioH of the four pr. vinces, I return to the consideration of eonsidere'I them collectively, as the seat of British power in America, for the purpose of making some remarks upon what they may yet do for the British name and nation. They now, as we .'lave seen, contain a population of about Their popu- 1,600^000 ; and this not in any part a slave population ; not, as in some of our southern and eastern possessions, a people composed in a small proportion only of the British race, mixed with thousands or with millions of people imperfectly civilized, enslaved by heathenish superstitions, and not British in any sense, further than as regards the sovereignty over their country- They are like so many inhabitants of t'lese king- domF, with the exception of a part of the population in one (/f the colonies only. They have the energy, the love of freedom, the enterprize, and whatever other good qualities characterize Britons anti their descendants. If we compare the amount of this British American popula- tion with that of Scotland at the time of the Union, and after she had borne for centuries a distinguished part in history, we must be struck at once with the degree o^ importance to which these colonies are advancing, and with the rapidity of their progress. Referring to Canada alone, there have been SOI Wl ale It.iii^ 39 y shillings 'an a da for :es in Ca- say, there rnanity in otlicr and ban those thatjifvve t the year growth of ivoiirabie da has a soiuhern tual con- oration of erica, for may yet of about on ; not, I people sh race, )erfcctly : British ^er their se king- n one (>f reedom, acterize popula- m after 5ry, wo ince to idity of >'Q been four remarkable fjeriods when its affairs have ia a particular manner engaged the attention of Parliament, viz. 1774, 1791, 1822, and 1839, In the vear 1774, what h now Lower Ca- nada, was computed to contain 80,000 inhabitants, of which 300 families only, o'/ about 1200 in all, were British. Upper Canada was then uninhabited except by Indians. In 1791 Lower Ccnada was said to contain about 120,000 souls, and Upper Crnada 1^,000. In 1822 Lower Canada claimed 450,000 inhabitants, and Upper Canada about 130,000. At this time it may be assumed that Lower Canada contains about 700,000 souls ; and Upper Canada nearly 500,000. It will be seen, from this statement, that in these two provinces alone, there is at this moment a grciter population than Ireland contained at the time of the battle of the Boyne. Let us now rcllect upon their extent, and the fertility of their soil ; that they have neitFier the drawback of a s-avc popu- lation, nor of a noxious climate ; that the English laws, except in one province of the four, prevail throughout ; that the most remote of them is within three weeks' voyage from a British port ; that lhey|jj,fe all accessible by water ; and that from Toronto, the capital of Upper Canada, there are three unin- terrupted channels to the Atlanti'^- Ocean, namely, by New Orleans, New York, and Quebec. Can wc fail, with these facts before us, to foresee their prodigious and inevitable in- crease in population, in wealth, in trade, in all that constitutes power ? What must such a combination of advantages lead to in fifty ye irs, in thirty, nay in twenty ? In countries so circumstanced, there is a triple source of increase, which, within a moderate space of time must lead, as it is visibly leading, to astonishing results. First, there 's the natural increase of population, under circumstances the most favourable to it ; next, the annual influx of emigrants ; and, lastly, there is the addition to the wealth of the colony, from the thousands of acres newly redeemed in each year from the wilderness, and the constantly improving circumr stances of the whole farraing population. i ■; I'' ! H i i r! (. ■: ■ II it. Hi , ir ■;M!i II %Mi m\ I! ;i ; ^m^ m >' ! 40 Into what scale then shall the weight of the additional power thus accumulating be thrown ? A few months ago, when this seemed likely to become a question, and the atten- tion of this country was suddenly called to the existence of an unexpected danger in our American possessions, it was plainly enough shown that neither by the Government nor by the people were the possible consequences contemplated with feel- ings approaching to indifference. On the contrary, they were ready, if it were necessary, to put forth their strength for the protection of these colonies, as if it had been a struggle for national existence. Speculative men may continue to hazard opinions in politi- cal economy, based only on ideas of profit and loss, and unin- fluenced by a sense of public honor, humanity, or duty ; but with the Parliament or with the people of the United King- doms it will never be made a question whether a million c'' such subjects, as the British inhabitants of those four r Ic nies have proved themselves to be, shall be deserted in a contest for the honor of the British flag. And if the question should turn only upon a cold calculation of interest, still there is little fear that colonies whose trade empiv^ys two thousand British ships, and produces a demand for British merchandize which is already reckoned by millions, will ever be willingly surrendered. That they can be defended there is no reason to question : there is indeed no ground for appreho.iding their loss, so long as Great Britain retains her supremacy on the ocean, and when that shall be at an end, what will become of her other colonies in all quarters "^f the globe ? and what will be her rank among the nations ? The vital question with her is the preservation of her naval superiority ; and from those who believe that an Almighty hand rules the destinies of na- tions, it calls for the liveliest feelings of gratitude to Providence, that to aid her in maintaining the indispensable condition of her greatness, ohe has the harbours, the fisheries, the commercial marine, the timber, the hemp, the coal, which these colonies present, or may be made to yield. It is wonderful t^ meditate on the change which the last ■V I I ■^'^ 41 r i ' dditional ths ago, le atten- ce of an s plainly ' by tho vith feel- y, they ngth for struggle in politi- nd unin- ity ; but Jd King, lillion c"" ur r. ic ed in a question ill there housand shandize •willingly ) reason ng their r on the :ome of bat wiJl nth her a those of na- idence, I of her nercial olonies le last fu*i IK twenty years have made in the comparative importance of Norlii America ; and impossible to estimate what must be the effect of the tide of emigration constantly ebbing from tlie Old World to the New, and never returning. What changes will be created by it in the course of time we can but faintly con- jecture; but an Englishman should not be called an enthu- siast who thinks he sees the finger of a protecting Providence providing for the British monarchy so noble a buttress to sus- tain her against the shocks to which she may be exposed. — And surely it is an interesting reflection, that Englishmen, Irishmen, and Scotchmen have a worthy home in that great continent, which mav nt some future dav control the fate of nations, and in which the language and institutions of their race are so evidently destined to prevail. It was a complaint of the great Lord Chatham, that the affairs of the British colonics had never engaged attention with a view to regulate them as one of the important interests of the nation, but were only taken up by piecemeal, and from time to time, as exigencies pressed. Tf, from the greater mul- tiplicity of interests which have forced themselves upon the attention of parliament, in later times, there be yet some room for this complaint, is not this, on many accounts, the moment when a pause should be made, and a deliberate survey taken of the colonies, for the purpose of considering how they can best be strengthened and improved ? With respect to the four North American provinces, it has ' '.'• J been suggested, and many years ago as well as recently, project of » ' ,if .t would be well to unite them for the purpose of legisla- liou. 'nd to give them, if it were possible, the means of being represented in the Imperial Parliament. In 1822, 1 did, at the request of the Colonial Department, express, at some length, my opinions upon a plan which many years before had been suggested from another quarter, and I ventured to add some propositions of my own. I thought that I saw many certain advantages in such a policy, and I believed then, as I still believe, that there was little in the apprehen- sion which many entertained, that such an union would enable confedaracy. 1!'t :• ) Hi. i-i i : I) I ; ^1^ M * M mi II I i! ■'''1!iill:!l !|i''i \t;ii| !. I ';'.' I'lilli'll^ '•Uiii H ill 42 and dispose tho colonies to combine together in opposition ti) the mother-countr3\ That I think is forbidden b) their rchi- live geographical posllion ; and there are other reasons which satisfy me that the fear need not be entertained ; but I am not going to discuss the (question here. I imagined at that time, that the people of Nova Scotia and New Brunswick would feci no repugnance to such a measure ; but Lord Durham found reason to conclude that they would be strongly adverse to it ; and I learn, from various sources, that such a proposition would not be by any means acceptable. Recent events in Low^er Canada, have naturally awakened their alarm, and they think that if left to themselves, they will be much more certain to retain those institutions which they are wise enough to value. How much more reasonably may such an apprehension be felt in Upper Cana». > '»'■ those who are asked to take the risk of that colony bean: jp against the same difficulties single- handed ! Whether the objections said to exist be well founded or not, there would doubtless be a repugnance felt to placing the two provinces referred to in a condition to which they are said to be strongly opposed, and upon such grounds. The subject, however, is well worth considering. I confess that, for my own part, the apprehcnson of a danger of another kind, which I did state in 1822, but without laying much stress upon it, has been much strent^ihened bv the events which have inter- vened. There seems, at all events, to be no probability of a plan of that nature being at present entertained. The attention of parliament, I apprehend will be applied, in more parfi- the approachmg session, to the provmces of Canada alone. I eularly con- . ^ ' •idered. will couclude thcse observations, therefore, with a short, or rather, perhaps I should say, a very imperfect notice of some principal points which, in connexion with those two colonies, seem to press for consideration, though something of what may be said will apply equally to the other provinces. H»iiatoR. I — In regard to religious interests. This is, in truth, the most pressing subject of all ; not merely because religion is 43 the only secure basis on which civil authority can rest, but for reasons of a higher and more sacred character, and, indeed, looking to political interests merely, it is of more consequence than can be readily understood by any one who has not resided in Upper Canada, that it should, as soon as possible, be finally settled upon what footing religion is to rest in that colony : — 1st. In re;;ard to its connexion with the civil authoritv : and, 2ndly, in regard to the support intended to be given to its ministers. These questions seem likely to foi'ce themselves irresistibly on the attention of Parhament at no distant day. I have not offered to the Government any opinion of my own upon the con- flicting pretensions which have been set up, nor have I any intention of discussing tnem here. Whenever Parliament shall find it necessary to dispose of them, the following ques- tions, I think, will present themselves for decision, some of which, it will be seen, apply to our colonial possessions gene- rally. 1st Is it, or is it not true, that the established church of England and Ireland is, by the constitution, the established national church in all the dominions of the Crown, except Scotland ? 2ndly. Or has the church of Scotland, under the terms of the Act of Union, a strict right to be regarded in the British colonies, acquired before or since the Union, as an established church, or does she stand there upon the same ground and no other, legally speaking, as the several Protestant denomina- tions dissenting from the Church of Englaad ? 3rdly. If the Church of Scotland has no right to be re- garded as a church established in the colonies, will it, or will it not, be just and proper, notwithstanding, that, in considera- tion of her being the Protestant church established in one por- tion ol the United Kingdoms, she should be placed, in regard to the support of her ministers, and perhaps also in other re- spects, upon any, and what, footing more favourable than that of the various Protestant dissenting sects ? .Hi < t »:l ' 1 « :ii ' '.ii Hi ; I : 'I I; (. Mi! 44 :ii I 11 W m '• :'l D«ftae« of Ouidt. 4thly. If it be thought neither reasonable nor expedient that there should be two Protestatant churches in the colonics, recognised and endowed by the State, and two only, shall it follow as a consequence, that the distinction shall be confined to the Church of England alone ; or shall any, and which, or all other Protestant denominations, be recognised and en- dowed ? 5thly If it be determined that other Protestant denomina- tions besides the churches of England and of Scotland shall bo recognised and endowed, or assisted by the State, shall the Roman Catholics be wholly unnoticed and excluded ? 6thly. If it should be determined not to exclude them, and them only, what effect shall that resolution have upon the course to be taken in respect to the varions Protestant dissent- ing sects ? 7thly. What disposition shall be made of the particular provision created by the British statute 31 Geo. III., ch. 31, jl for the support of a Protestant clergy in Canada ? Shall Par- h liament declare and confirm the original intention of that statute, or shall its enactments be altered ? Upon some of these questions the early English statutes, and various enactments of modern date, with the public official acts of the Government, and the proceedings of colonial legislatures, will throw much light. I will only add, that nothing, in my opinion, is of more pressing importance to the civil and reli- gious interests of the British American colonies, as well as to their peace, and even to their safety, than that these questions should be speedily, and, if possible, finally settled ; and set- tled as much to the general satisfaction of the inhabitants as is consistent with the principles of Christian duty and the reli- gious obligations of the State. Upon the subject of education generally I make no remark, because for that the measures and resources of the colony will continue to provide, II. — It is most important that Canada should be so strength- «n«d, and particularly the Upper Province, as that its weakness fc , 45 xpedient colonics, , shall it confined ^hich, or and en- 3noniina- shall bo shall the em, and ipon the t dissent- articular ch. 31, j| hall Par- '* of that utes, and icial acts islatures, J, in my and reli- ^ell as to iUGstions 1 and set- nts as is the reli- trcngth- ^eakness should not invite attack. To do this promptly, and upon a well-considered system, would be the best economy in the end. Fourteen or fifteen years ago, when the Duke of Wellington was in office, he determined to erect a work in a commanding position near the Niagara froiiticr, which would have included an arsenal, and formed a rallying point for the militia of the country. The site of the intended work was purchased, and measures were in progress for commencing it ; but a change in the affairs of this country led to an abandonment of the de- sign, and the land was relinquished to the former owner. If such a defence, however limited in extent, had been completed, and had been garrisoned by 200 men, who could probably no- wliere else have found a cheaper quarter, the movement at Navy Island and its whole train of consequences would have boon prevented. The real danger is not so much that a public war is likely to be deliberately entered into by the United States, in the hope of acquiring the colonies, or in furtherance of any other poljcy. There arc many and great opposing interests to prevent such a calamity as that would undoubtedly be ; not only the interests of certain States which would in general be adverse to it, but the interests, and I believe the inclinations, of large and influ- ential classes in all the States. A war with England is not an event to be lightly thought of; and it can never be suddenly undertaken by the government, though they may be suddenly forced into it. There is through- out the United States a large class of persons, who, from prin- ciple and humanity are opposed to war; and I look upon war, Indeed, as an event not much to be apprehended, unless under the circumstance of some extraordinary change on this side of the Atlantic, or unless (which I repeat is the real and pressing danger) it shall be left in the power of the border population of tiie United States to obtain, in the course of irregular hosti- lities, some such success as might lead to movements that would inevitably plunge both nations into war. Happily there is peace now ; and it would be easy to make m 111 I: , . ; I '!i I V "it i, :.i i ■ ' f M ^ hi i 1, i'r) n: .11 11' m it: ! i' lil! ' I . H .ill ' ■l<';i ii:H 46 luch use of it as would place Canada clearly beyond the dan- ger that I have alluded to. c«ioiiMtioii III. — Colonization would be the cheapest, as well as the most certain and satisfactory method of providing the security that has just been spoken of; while it would confer other great benefits upon the provinces, and would richly and quickly re- pay to the mother-country the charge with which it would be attended ; repay it, I mean, by the increased demand it would create for English manufactures. It would transfer that unem- ployed population, which is an incumbrance here, to a position where it would add greatly to the strength and wealth of the empire. There has arisen of late, I observe, a great desire to emi- grate, and to encourage emigration, to the South Australian colonies. The disturbed state of Canada may have lead in some measure to this change, and things may soon again fall into their former course, in the mean time, so far as respects the inclination of the emigrants themselves, there is nothing to be said. When they make up their minds to forsake their native land, they have clearly the right, to choose in what other portion of the British dominions they will seek a home ; and I should be reluctant even to persuade them, for they would be almost sure to become dissatisfied with any choice which had not been purely voluntary. It is perhaps a misfortune that the same individuals, especially of the humbler classes, are never likely to have it in their power to judge of both al- ternatives by actual comparison ; but, nevertheless, the truth will some day or other be clearly ascertained. If the colonies of Australia are on the whole a better point for the poor emi- grants from these islands to steer to, then they at least commit no error in going there : if, on the other hand, it would be clearly wiser for them to look for a nearer home in our North American colonies, the discovery will not fail to be made sooner or later ; and when the conviction flows from experi- ence rather than from persuasion, it will be complete, and will be lasting. To what extent the Government of this country may have 47 the dan- as the security 3r great ckly re- ould be t would t unem- position 1 of the to emi- stralian lead in ;ain fall espects nothinsr i.e their It other e ; and would which 'brtune ilasses, olh al- ! truth colonies )r emi- ommit lid be INTorth made xperi- , and have A afforded any encouragement, which may have led to the pr«- ference I speak of, I am not aware. But in relation to that point it is natural to remark that the object of relieving the pressure at home must be attained at a vastly greater expense by removing emigrants to the Australian colonies than to those in America; that whatever may be the danger of disease and the sufferings attendant upon the voyaj^e, they must be greatly increased by the immense distance, and by the different lati- tudes that are traversed ; that emigrants taken to Australia are removed to a country from whence a return to their formt^r home, in case of its being desired from any cause, is almost out of the question ; and between which and their native country the communication of intelligence can never be such as the settlers in the British provinces enjoy. These are all consi- derations which the government would think it right to weigh, merelv out of reijard to the interest and comfort of the emi- grants themselves ; but there are other considerations which have a different bearing. The Australian colonies are indeed noble possessions ; and it is delighttul to contemplate what an almost boundless field they will continue to present to the end of time to British in- dustry and enterprise, and how they are calculated to sustain and spread the British name and race ; but looking to the ge- neral interests of the British empire, are they, or are they not colonies that may with more propriety than Canada, Nova Scotia, and New Brunswick, be left to the gradual and natu- ral operation of events for their progress in population and in strength ? Are not the hardy emigrants sent to the latter colonies more available as defenders of the rights of the empire, and placed in a quarter where their services are more likely to be import- ant than thev would be in Australia ? Is it in that direction that the danger to British interests is most imminent ? It would, indeed, be gratifying to feel the assurance that there is nothing to be apprehended nearer home; but it would hardly be prudent, I think, to act on such a conviction. ;i'it' !.! ''I nj .:'%i ,■1 M ■If! I- ! I Ml Ill '■ \ .» , 48 1 1 . m ! ..' 1 ill m IP! iiii,i '\'\: !. ' liiljlli :!idi!i';: ;, I! 'It l.i*' The United States of America arc, for some reasons, more likely, perhaps, than any other nation to come into unfriendly collision with Great Britain ; while on the other hand, happily there are circumstances which must naturally tend to bind them in the closest alliance. {Springing from a common origin, having a common language, and actuated by the same enter- prising spirit, their relations in peace are so intimately blended, that if war should ever come it must be attended with unusual calamities. 1 believe that at least the present generation are not likely to see the time when the goverinnent of the United States, or the people of most intelligence and property in that country ,will desire to see their peace with England interrupted. And certainly every right-minded person must feel that there is nothing more earnestly to be wished, for the good of mankind, than that they should be bound together by the strictest ties of friendship. United they would possess a power, which while exercised justly would be irresistible. One cannot contem- plate without deljght the possible existence of such a security for the peace and happiness of the world ; but we must not turn a pleasing hope into a dangerous delusion. We know the important and delicate questions whicii are at this moment pending between the two governments; and the temper, little studious of peace, in which a large portion of the American people have seemed disposed to discuss them. We know also the discouraging fact that the continuance of peace with the United States may not depend upon the deli- berate resolutions of their government, or of any constituted authority. The possession of our provinces may not be co- veted by America, as a nation ; but, nevertheless, the desires and jealousies which they awaken in a great portion of her people may make them the occasion of unavoidable hostilities. I believe Great Britain would do an acceptable thing to many in that country, as well as a most expedient thing for her own interests, by putting an end, as s peedily as possible, to all restless speculations about the possibihty of suddenly seizing upon her American provinces. Upper Canada now contains about half a million of inha- iijin;!!; 49 ^ bitants. If it contained two millions, as it must do at no very remote period, there would be little dnnger of the two countries being precipitated into a war by any irregular attempts at con- quest in that quarter. And how soon might the result be attained by the public policy of Great Britain coming in aid of the rapid increase from other causes ! Lord Seaton, whose civil and military services in Canada have earned for him the distinguished approbation of his Sove- reign, devoted his whole energy, during his eight years' admi- nistration in the Upper Province, to the advancement of the policy 1 speak of. He clearly saw, I will not say its import- ance alone, but its rccessity ; and he had the groat satisfac- tion of witnessing in person the gratifying result. From how many thousand of British settlers, raised from destitution to independence and comfort, has he received the warmest ex- pressions of gratitude to himself, and of devoted fidelity to the Government which had so benevok'ntly assisted them ? And with what pleasure must he have beheld the calls of duty responded to by thouaands and thousands of these grateful people, whose only wish w as to know where their services were most required for maintaining the rights of their country ! His predecessors in the government laboured most zealously in the same cause ; and with the same assurance that they were thus laying the best foundation not only for provincial prosperity, but of national security and greatnesss. And I am sure I need not sny to any oae acquaintod with the present lieutenant-governor of Upper Canada, that if the power were placed in his hands of pursuing the same policy upon a much laiger scale, there would be no doubt of its being ably and faithfully employed. Sir Peregrine Maitland and Sir Francis Head arc both in England — both in a situation where their opinions and the advantages of their experience are easily accessible ; and the present is a period, I think, when, with the aid of such inform- ation, it might be fitly considered whether the strength of the empire is as much consulted by planting the redundant popu- lation of these kingdoms in the islands of the Pacific as in the : '4 I i Ml ' I \n f i;.t,|.' n - !■ f.f 'i I 50 '"riii. liyiiliiHI; 1 " I ' ■ I '!: Iliii British provinces in America. That it may not bo for several reasons, desirable to strengthen British interests in the former, I nm fur from assuming; but with respect to the other colonies referred to, it has been made strikingly evident that the settler placed in them is not lost to the military service of the empire; and it is material to consider that three or four persons can be carried to the latter destination for the same charge that it requires to take one to the former. The advantages to this country and to the emigrant, of di- reeling the stream to the North American provinces is, I am glad to see, engiiging, at this moment, murh of the attention of the public in England and Ireland, and still more in Scotland, in consequence ol'the patriotic exertions made by a gentleman (Dr. Ivolph) wiio, having emigrated from England, and lived for some vears in Canada, has tlie advantay-e of knowing]: the latter country, and of being known in the foriner; and is peculiarly well quallified to make use of this advantage ft>r the benefit of his fellow subjects. Ilhesliall succeed by his public spirited and benevolent efll^rls, in attracting the co-operation of the Govern- ment and the active assistance of the influential landed pre prietors in this country, he will accomplish a great public good, and entitle himself to the gratitude of numbers whose lot in life will be immeasurably improved. If the lime shall soon arrive (and it seems incredible that it can be mueh longer delayed) when the colonization of our American provinces shall be undertaken largely, as a measure of national policy, recommended by the strongest motives of advantage to the state, and of humanity to her people ; it will then be felt and acknowledged that those have been sound and rational views of public interest which a former member of the Government, Sir Robert Wilmot Morton, has-been unsuccess- fully labouring for nearly twenty years, with untiring energy and perseverance, to urge upon the favourable notice of tho statesmen and legislators of this country. When he could exercise the influence of oflice, he used it for the wise and benevolent purpose of raising nearly 3000 of bis fello\^-subjects from the depths of the most hopeless poverty, r several ) former, colonies 10 settler empire; s can be ;o tliat it It, of dj. is, I am attention ■icotlund, nitleman lived for lie latter ecLiliarlv lenefit of rited and Govern- Jed pre It public /hose lot e that it of our neasurc tives of ; it will und and ir of the success- energy I of the I used it JOOO of )overty, 5i to the i;uiidltion of useful, independent, and happy memberi of society. Those who are determined to cherish the disheart- ening conviction that the ncfjflected, heedless, and starving [)au- pcr cannot by this enlightened generosity, be transformed into the peaceful, industrious, and respectable yeoman, should refer to those who have governed them, and can therefore answer for their conduct, and if they are still incredulous, they should at least not assume the responsibility of obstructing the flow of national benevolence, until they have gone to Canada and seen the persons who are now living in these altered circumstances. The eight week's tin"'c which would be spent in going to the cultivated farms of the jc settlers, and returning to this country, would be a sacrifice not too great to encounter for the correc- tion of an error which assists in perpetuating so much needless misery. IV. — Another method by which those colonies might be p„bMp \af advanced is by facilitating public improvements within them. '''°^'^'°''' Of course it cannot be expected that the mother-country should bear the charge of public works, in her very numerous colo- nies, except such as may be necessary for their military defence, or for aiding in a very important degree the develoiJCMr.ent of their resources, thereby making them much more productive to the empire. In respect to the latter description of public works, it must alvvavs be a matter of consideration in what cases, and in what manner, the aid can be extended so as to bring the least charge, or (as in many instances it might be, no cliarge) upon the mother country. When the desired work is such, that it would certainly be productive when completed, so as to render reimbursement sure ; or when specific and distinct security shall be provided for repayment, then the extending the credit of the mother country vould alone be necessary. Uppei Canada has been already greatly favoured by the eaaai. liberality of the parent state. The Welland canal was assisted by a loan of £50,000 ; and the Ritleau canal was constructed wholly at the charge of Great Britain. The former work has been for some time completed, and in use, though a large ex- \ V m t .ill:. .1 i- n^ ■m Yii 11 f' M ■I I 'Ml' il. n 1 ■' . t IM i i*J lip! J'Wrm liiiii.- fli liii'lir 'rl.insn':; iii Ridenu Cunal. pcnditure is required for substituting stone locks instead of the wooden ones, which it was necessary to be content with in the first instance. In its present stav/j, it effectually overcomes the obstructions prcsei^tcd by the Falls of Niagara to the commu- nication between Lakes Ontario and Erie. Four yeais ago, I think, the rumber of schooners passing thrrugh it with full cargoes, chic^fly American, was about 400 ; it increased three years ago to (500 ; in the last year it amounted to 800 ; and in the 3'ear 1839 the quantity of business done up to the first of September, equalled thr M'holc amount of the previous year; so that the income derived from it has probably doubled in a twelvemonth. It is clear that under such circumstances, re- imbursement though it may be distant, is certain. The Rideau canal was undertaken while the Duke of Wei- hngton was in ollice, and with a view chiefly to the military defence of the province. Its value in that respect is apparent. It secures the clelence of Cannda, up to Kings* du, by afibrding a passage for troop:., and military and naval stores, indepedcnt of the St. Lawrence ; and it remedies the evil of that singnlnr arrangement by wdiich a small streamlet parting from the wt.ters of the St. Lowrence, and coursing round Barnharu' Island, was accepted as the main channel of the river ; though it is easily fordable by persons on horseback or on foot ; and the effect is to brnig us almost within pistol shot of what has thus been made the territory of the United Slates. The Rideau canal, besides securing these advantages, lays open an extensive country, from which tiiibor can be trans- ported ; and another important effect of this, and similar im- provements in Upper Canada, is to overcome the greatest obstacle to the cultivation of hemp, to any extent that may be desired. The climate and soil are exccc-lin^lv well suited to its production ; and the canals provide means for its cl 3a p and easy transportation. It is better known here, than in Canada, whether circumstances are likely to make it important to this country, and advantageous to the farmer, that attention should be given 'here to the culture of hemp. If the demaiid should be such as to afford a libcial icmuncrating price, there 58 ill ances, ro- are scarcely any limits to which the i/adc might not be cx = ten(lr«I. i heard a few months ago, a member of parliament taking credit to himself in pulilic debate, for having uniformly resisted every grant for the Rideau canal, and appealing to those around him, whether that had not been his conduct. Within the last two weeks, on the other hand, I have seen an English gentleman, who, in returning from Canada to England, had jast passed for the first time through this canal, and I heard ' ■ ^ exclaim with enthusiasm, that as ho looked upon that noble work, he felt pride in the reflection that iio was an Eng- lishman. It is indeed a splendid monument, not of a nation's liberality merely, but of her forecast. In point of design, material and workmanship, it is second to no work on the \merif;an continent ; and i think the time is net distant, when it will cause soine feeling of regret tliat the ofHcer who planned it, and with such remarkable energy and spirit, carried it for- ward to its completion, should have died without receiving some mark of honour from his country. I speak of the late Colonel Bv. No doubt the cost of this great work was a large, and incon- venient addition to the enormous c'jpendiuue of the British nation ; but how infinitely greater would be the charge of defending under less advantageous t'rcumstances, possessions which can neither be honourably nor profitably abandoned. In the American war of 181"2, it cost 1 believe upvvards of 500,000^ to build one f«hip of war on Lake Ontario ; the he-viest part of the expense being occasioned by the transportation of her stores, and the equipments from Montreal to Kingston ; Vvhich two Doints are now connected bv the Ridei; > canal. I am tempted to make here a remark or two on the dispo- sition, which has been '^sometimes evinced, to hold up Canada as a country in which public improvements are wholly slighted, or else have been in some instances recklessly undertaken, upon the mere view of advancing some petty and private in- terests. It is true that Lower Canada is rather behind the rest of America in this respect ; and from well known causes. II Campari- sons be- tween the United States and Canada iti rcHpoct to pulilic iin- i)roveinent». -I'll li!i' \m^ mm :l. ii u i ;' i!;:'-! 54 i l^'i! f|i;'! I':.!! ';! .■111 ,1 i III 11, W &'■ •;:nil;:H 1 i.iiiji'iiiliii I ? f;' '> .|l*!l?illl iji,;- \ k mm Lower Canada. The Canadian French have the singular nnisfortune to be dis- contented with the very thing for which they have the greatest reason to be grateful, a just and most indulgent Government ; while at the same time, unhappily, they are contented in respect to all those other points in their condition where improvement is loudly called for. The Canadian habitants have not that * auri sacra fames/ the parent of so much good, as well as of so much evil. They are content to live in no better houses, wear no better clothes, travel over no better roads, and to be no greater men than their fathers ; and they are content likewise to raise their oats, and their potatoes, among grass and thistles, all growing together in such equal quantities that it might be difficult to determine which is entitled to be regarded as the crop. They are a people of few wants ; and they contribute therefore little to the taxes, in proportion to their number : a large revenue could not conveniently be raised upon them. But under all disadvantages Lower Canada has constructed the La Chine canal, an excellent work in point of execution, at a cost of more than 100,000/., the St. John's railroad, probably at a charge not very much less ; and great improvements are making in the harbour of Montreal. These are not con- temptible efforts for a colony; and they would have compared creditably enough with those of wealthier countries in Ame- rica, or elsewhere, in days when the system of proceeding was to do only what could be paid for. With respect to Upper Canada ; it is marvellous that any upp«r ana ^jQ^jj-ggt should have been drawn, as in some cases it has been, between her and other countries, with the idea of leading to conclusions to her discredit on the score of public enterprise ! There have been not a few who have evidently gone out to America, determined beforehand to admire all the practical working of a system, which they had long been extravagantly applauding in theory. They sometimes extend their excur- sions in order to visit the Falls of Niagara ; and they see as much of our country, as they cannot avoid seeing, in the prosecution of their main design. They pass through Buffalo ; and there behold a large and populous town, full of 'nment ; respect wement [lot that ell as of houses, to be no likewise thistles, night be d as the )ntribute Tiber: «i them. [Structed ;ution, at Drobably lents are not con- Qnripared n Ame- ling was that any las been, ading to Ler prise ! le out to Dractical vagantly excur- nd they eeing, in through full of 55 life and business, and exhibiting evident and gratifying proofa uf a rapidly growing prosperity. They go to the mere margin of Upper Canada, and see, perhaps, from the window of their inn, the decayed barn or stable, which the owner in the next year will probably replace with a new one. With' out travelling into the interior of the province, and en- abling themselves to judge of those parts which are there the seats of active industry, they at once employ themselves in drawing gloomy comparisons, as they hint at the proofs afforded of the insufficiency of British institutions to enable this portion of the New World to keep up with her neighbors in the march of improvement. They think of Buffalo, as if it were a picture of all America, and they take it for granted that the scene under their window is a perfect sample of the whole of Canada. They forget the position of Buffalo in the Western world, situated as it were between two great inverted funnels, through the narrow centre of which everything passes from the expanse of the Atlantic States, to the greater expanse of the " far west ;" they forget that they might as reasonably com- plain of its having in thirty years outgrown many a goodly town in England, which flourished before America was dis- covered ; and what is stranger still, they forget, in all their comparisons, that the newly-seitled pc ons of the United States are all parts of one great continent, containing fourteen millions of people under one government, who can without the delays or dangers of an Atlantic voyage, rush in wherever they can see an opening; in other words, that their main reservoir of men and money lies beside them ; and on the other hand they might, we should suppose, remember that Canada receives its extraneous accessions of people and of capital from a reservoir beyond the ocean. The poor settlers of a new country have enough to do for a few years to maintain themselves. It is only gradually that they become coasumers to any large extent of dutiable mer- chandise. The revenue iiised upon such a population cannot for many years be considerable. If spirits could be taxed to the same extent as in New South Wales, a vast increase might m f! m iH W" i t I- 1 i' * m ■ • ■■ I Hi' Hi ii'li m 'M-M ... ' nw,' ■hIIIp 56 be obtained ; but any one who knows tlie nature of the southern boundary ol* Ui)per Canada will not require to be told that the collection of such duties would be scarcely possible. Fifty years ago the province was one vast wilderness. If in the time that has past, the inhabitants, beside clearing their farms, had done nothing more than make the highways, which have enabled them to take their grain to market, and to pass from one district to another, throughout this extensive terri- tory, they could hardly have seemed to deserve much re- proach. But besides doing this, they have within the period built "numerous lighthouses ; constructed expensive artificial harbours ; made many miles of Macadamized roads, at an expense probably little short of £200,000 ; completed the Welland canal, at a cost of £400,000 : expended £300,000 on the St. Lawrence canal ; constructed the Burlino;ton Bay canal ; the Des Jardins canal, and the Grand River naviga- tion ; and there are other works in progress. They have also made expensive surveys with the view of ascertaining the practicability of further improvements. In addition to these, several important works of a similar description have been successfully carried through by private enterprise ; such as the Niagara docks, the Tay navigation, &c. I cannot, as a native of Canada, refrain from referring here to the numerous mills and other establishments o^ a most su- perior description, for manufacturing flour, preparing timber for market, and for other purposes, which abound in most parts of the Upper Province. I will instance those at Ilawkesbury, at By town, at Yonge, Gananoqui, Napanee, Peterborough, the Humber, Gait, St. Catharine's, Thorold, Dunville, Flam- borjugh; which are some only of the most extensive, and are such as would reflect credit on the industry and enterprise of any country. If an intelligent stranger could be suddenly transported to the neighbourhood of these establishments, o- into some of the populous and well-cultivated townships of the older districts, he would be astonished to be told that he was in that British colony which it has been the peculiar delight of some British 57 subjects to represent to the world as a countiy languishing la a state of miserable inaction, and exhibiting, as it would seem their desire to insinuate, a melancholy (though I fear not to them a distressing) proof of the utter incompetency of any- thing but purely elective insiilutlons to develope the resources of the New World. And it is rather singular that, while our fellow-subjects have from some point upon the frontier been shading their gloomy pictures of scenes of British industry and enterprise, which they have not cared to visit, our republican neighbours were, on more than one occasion, holding up the example of Upper Canada, in the spirited and persevering con- duct of her public works, as worthy of imitation by their own legislatures and people. It is a fact that cannot be dis[)roved, though it may happen to be disputed, that no country can be pointed out, either in America or Europe, where so much has been accomplished by so small a population : I mean accomplished upon their own resources and credit, for I leave entirely out of view the llideau canal, which was constructed by the Parent State : u work, which if it stood alone, might exempt Upper Canada, for many years to come, from the reproach of lying unim- proved. I believe, however, that one may well forbear from vindica- tions of this nature at the prcent moment. The feelings of indiscriminate administration of republican institutions which have prompted these unjust comparisons have at last received a check. Undoubtedly, the American people have ever shown, and they daily exhibit a most laudable spirit of enterprise. It has resulted from the characteristics of their race which we share with them ; and from the circumstances in which they and their ancestors have been placed. In a boundless field, or rather in a boundless wood, no individual among them seemed to have a defined and settled position in so- cietj , there could be no castes, or anything approaching to castes, such as the competition and necessities of the crowded countries of Europe tend, more or less, to create. All seemed to depend on individual ingenuity and exertion ; r.:i; !■ i !M; , 'h. h ''■'•!' 1 ' 1 1:1 H' [■ M = 4 iMM'i: ti iili M.I, '1 > m ml f!i !i '" \m 58 and as there was a clear field for enterprise, so was there a constant call for contrivance to overcome the difficulties of new circumstances, to smooth paths which had not been trodden before, and to make the least labour produce the greatest pos- sible results. These causes, acting upon the good qualities of the British race, must have formed, and had formed from an early period, a character suited to the situation. The French Canadians were ol a different stock, and circumstances turned their enterprise into another channel. Constant struggles with the Indian nations, and the adventurous pursuits of Indian trading carried on from Labrador to the Mississippi, engrossed their energies ; and they were, besides, impeded by the dis- heartening influence of an oppressive and exacting government; an evil which British subjects have not to struggle with in any part of the em^jire. But, up to the time of constructing the Erie canal, (which was indeed a noble effort.) there was nothing apparently so superhuman in the public enterprises of the American states as need have made one blush that he was the subject of a monarchy. From that time, indeed, there has been such a developement of the organ of public improvement upon the national cranium, as has seemed utterly to have bewildered all those theoretical politicians who look only upon the surface of a country's soil for the signs of national greatness. We know how important an aid was given to the cause by the creation of unnumbered banks, each manufacturing, to a vast extent, what passed for wealth, though it had not been created by the tedious process of labour ; and we know, too, that the wisest persons in that country trembled for the un- substantial nature of the fabric which they saw rising before them. But we also know, that all the amount of confidence and credit which the continent of America could collect within it, was wholly inadequate to produce the magnificent results that followed. The people of that country, therefore, extend- ed their views further, and they resolved, (judiciously enough if they could have stopped at any prudent limit,) to trade upon the stock of admiration of republican energy which they saw ; ■I 59 was rapidly accumulating in England, imported chiefly by tra- vellers^ male and fcnnale, noble and simple, who came hotnc and reported that they had visited a country where everything that was touched by a republican turned into gold. But what seemed rather a mystery is now unveiled, and nowhere is the delusion more unsparingly and convincingly exposed than by the intelligent and right minded portion of the Americans themselves, who have seen and known the means, and feel the end. Nothing can justly deprive the people of the United States of the credit of being a remaritably energetic, active, and enter- prising race ; each man in his sphere gives striking proofs of these qualities ; but the simple truth is, that they had not at- tained the secret of creating real wealth, by wishing for it, or by talking about it, or by voting in its Aivour. Running too violently in the race of public improvement, they have been forced to pause. Banks, canals, and rail-roads have sus- pended, or have been suspended ; and no one writing of Ame- rica, at this moment, can say with accuracy that " in that republican country no great industrial enterprise ever expn- riences a check.'* During this cessation from bustle, people on both sides of the Atlantic have had leisure to look around them and inquire. The public improvemets are there ; that cannot be denied ; but, upon sober reflection and comparison, it appears that a plain statement of facts will amount very nearly to this — that Irishmen have dug in America an asto- nishing number of canals, and made a prodigious extent of rail- roads, which Englishmen have paid for ; and when those material ingredients in a public work are allowed for, namely, the labour of constructing them, and the charge of that labour, the balance of merit that remains seems pretty much confined to the ingenuity of the contrivance, and to a vast energy in borrow'ng, which I apprehend it may be the secret wish of some persons in this country had not been so industriously ex- erted. Still there is not occasion, I believe for all the alarm which may be felt in England as to the ultimate result. That the loans will sooner or later be paid can scarcely be doubted. 'fr: 1.* \k :»:!! u I, I ix n-., m I I I* t' -i! m P • fli Ik \ V, f 4!jJ: !(! W 11!!: 'i ;jii!ii i!|l; 60 Some of llic States will certainly strain every nerve to fulfil their engagements with integrity, and it will be difficult indee i for others to avoid following their example. But it would ho. well prrhnps, to wait for some diminution of the balance before entering largely upon a new score. In the mean time, the lesson that has been learnt may prove worth the purchase, if it convinces the great mass of Britisli subjects that, under every form of government, wealth must consist of th' gradual accumulation of labour. That whatever has not th it foundation may look like wealth, but is not wealth ; and thattho longer the difl'orence is unobserved the more dis- astrous must be the eflect of the delusion. Paper may indeed represent gold and silver, so long as it may be agreed that it shall do so ; and, during that period, it may pay equally well the wages of labour ! but ihe increase of paper-money is not to be taken for the permanent increase of wealth. The growth of wealth in a countrv must depend on the increased produc- tions of labour for which remuneration has been found in the resources of that country, or in the demand of other countries. For all beyond there must be a day of reckoning ; and any apparent capital in a country which has not had this legitimate source, must cither be wrongfully retained there, or it will sooner or later return to that quarter where its true ow'ner resides. It seems that the greater part of the money which has been expended upon the American railroads and canals was not the fruit of past labour in tlie United States, but was the accumu- lated earnings of a greater quantity of patient and enduring industry in England than was ever before applied within the same space of time or surface. So far as the United States is concerned, the enterprise which is to produce it will have been exhibited when the English stockholders are paid, and not before. If a country, however governed, desires to grow i ich, she must expect to do so by the patient labour of her people. "To this condition must we come at last ;"' and in proportion only as she can do more labour, and to more advantage than 61 her neighbours, can she hope to exceed them in substantial wealtli. In this compelition, so long as industry is protected by the laws, which is the case now in most civilized countries, the constitution of the individual will be generally a more material consideration than the constitution of the State. It may be dilficult for Upper Canada, if unassisted, to over- come the embarrassment occasioned by her having attempted too much within a short time, and having pushed too far the system of anticipating her resources. The seducing example of her much-applauded neighbours overcame, it must be ad- mitted, the prudence of her legislators, and she certainly is not liable to the reproach of being behind the age in borrow- ing. It is fortunate she was rather late in taking the infection, and fortunate also, perhaps, that, going into the market with some prejudice against her on account of her inability to produce republican testimonials, she has not been able to in- dulge her passion for improvement to the utmost limit of her desires. If what has been undertaken shall be completed and sus- tained, she will be subject, at least, to no reproach for having accomplished nothing more. But by way of set off against the public spirit of the legisla- ture of Upper Canada, in effecting such improvements as the Welland and St. Lawrence Canals, very hard things have been said of the corrupt motives, and profligate expenditure of those who have promoted and superintended them. Never, I should think, were such grave assertions made with so little justice ; and stamped by such high authority. They could not have been preceded by any competent investigation, because such an investigation would have shown that it was impossible to have maintained them. The Colonial Department, I doubt not, must contain ample disproof of them, and that too the result of most searching inquiries. The truth is that both these great works, under all the dis- advantages attending their construction in a new country, will be found, I believe, to have exceeded their original estimate in a less degree, than the average of great pnblic works of the same ^ 1 , ( 1 " T; M .li' '?!> % i k w m If K» ft-' li ii li i: \ I iH' ■■, ^ki ;!is I'lii.' wP ill! 11 \\-if-v ,!4iir'.:: Ill , .1 (;■'?! ■ ^1' '-r IM ,|- iif:!:: ■i;r'': ; Ih! ;«' ij beeent Sur- vey. 62 kind in this country, where science nnd experience abound, and where the difficulties could be more easily estimated. I would instance the Caledonian canal and the Birmingham railroad. It is, besides, capable of being shown that the most competent engineers unconnected with the work and with the country have pronounced that on both the Canadian canals referred to more work has been done for the money expended, than could hive been expected, and more in propnrtiun t|ian in similar under- takings in the United Stales. The directors who have had the manngcmcnt of thorn well know that the most irksome part of their duty has been to withstand the apparently reasonable claims of the contractors for an addition to prices, which they had found to be inarlcqunte ; and they know also that to many of those contractors the em[iloymcnt was anyth'ng but profita- ble, and that none acquired gains which any man need envy. With respect to imputations ofanolher character, it is painful to speak of them in connexion with the namesof those, who hnd the entire direction of the funds ; and who are well known throughout Upper Canada to be as incapable of anything like peculation, or a corrupt abuse of public duties, as any board that has been formed in England for a similar purpose. While on the subject of public improvement, I cannot deny nnyself the gratification of alluding to a recent survey under- stood to have been made by order of her Majesty's government, and under the direction of their officers, for ascertaining the ex- pense that would be necessary for opening the Great Western Lakes to navigation by steamers from the Atlantic. To effect Ibis object, it would be necessary to complete the improvements already so far advanced on the river St. Lawrence, and to en- large the channel of the Welfand Canal. What prospect there may be of accomplishing a design so mngnificent, I cannot venture to predict ; but the very possibility of making at no overwhelming cost, a channel by which large steamboats may piroceed from Quebec into the four great lakes, Ontario, Erie, Huron, and Michigan, strikingly illustrates the truth of what I have ventured to remark upon, namely, the peculiar favour- I id, and [ would ulroad. Tpntcnt rv have .0 more Id hive ' undci'- liad ihc part of isonable ich ihcy many profita- i cnvv. s painful who had 1 known ling like ly board • lot deny ■/ undcr- jrnment, 5 the ex- ^Vestern ro effect ivements id to en- jct there [ cannot ng at no )ats may rio, Erie, if what I : favour- 63 able position of the British possessions upon the American continent. For one inestimable advantage already secured, the colonies ateam com- have reason to feel ni the highest degree gratclul to the present wnii uaiuiu Government. I speak of the arrangement already made for transmitting the mails to Halifax and Quebec by English steamers. It would bo difTicult to conceive a measure better calculated to raise these provinces into notice and importance, to improve ihcii social condition, to add to their security, and to make their advantages generally known. When these faci- lities have been a few years open to the public, the number of intelligent persons who will be led by various motives to visit the British provinces will make things plain that are now only dimly seen, and will supply the mother country with abun- dance of testimony that cannot be suspected. The inhabitants of the colonies must always be content to be judged of, as the arxi, though they feel it rather grievous to be judged of, as they are not. It is to be hoped, however, that future tourists w"ll not satisfy themselves with paying a visit to the Falls of Niagara, and after spending a few days upon the banks of that beautiful river, with their backs turned upon the whole province of Upper Canada, and their faces directed only towards the opposite shore, imagine themselves qualified to inform their countrymen minutely, and precisely wliat the province is, and has been ; what her Governors for the last thirty years have done, or ought to have done, or wished, or meant, or tried to do, and why they succeeded or failed ; or how the last elections were managed; or how much better or worse the whole of Upper Canada looks than the United States; or why an English emigrant, who used to plough hii lands well in Sussex or Wiltsliire, loses the faculty altogether when he happens to settle on the wrong side of the St. Lawrence. It is often a subject of lamentation in the colonies, that so little seems to be known in England of their actual condition ; but I doubt whether there is any reasonable ground for a com- plaint on that score. The people of this country, like iheir Mi >\ ,1 I ; i M !■ ,! ., i 'I ,. < I ■ m l.ii h H u I ' i i ;if; ;'( 'Ri '.III :;l Ml i 64 brethern in the colonies, probably study those things most, which appear most immediately and directly to concern them • and, after all, I dare say they know quite as much of us as vvc da of the British colonies in other quarters of the world. Still, unquestionably, this is a branch of knowledge which admits of being better cultivated. A short time ago it occurred to me to examine what the children of the present day are told of us in their school-books, in order that I might find what hope there is of an improvement in the next generation. I happened to refer to what I believe is considered an useful little manual of geography, called 'School Geography on a new and easy Plan.' It is at all events popular ; for it has reached, I see, the fourteenth edition. On turning to North America, I find Upper Canada is discribed as a British province of which the capital town is Montreal ; and a little further on, we are told of Mon* treal, that it is strongly fortified^ and that " its only staple commodity is furs, besides the skins of foxes, deer, and other peltry produced by their trade with the Indians." This is pretty much like saying that England is a kingdom of which the capital is Glasgow, a town strongly fortified, of which the staple commodities are seals and red herrings. The truth is, that Montreal, instead of being the capital of Upper Canada, is 50 or 60 miles distant from any part of that pro- vince, and is nearly as far from its actual capital as London is from Strasburg ; and as to the fortification, they are somewhat on a par with those of Westminster. About twenty years ago, some furs used to be exported from it, but that trade now passes through Hudson's Bay. There are about 1000 or 1200 ships annually employed in conducting the trade that passefs through Montraal, in the cabin of any one or two of which, I imagine, all the " staple commodity of fur^* might be trans- ported without materially incommoding the passengers. In another part of the same book, we are told, though not as a cor- rection of any previous error, that the trade of Canda is greatly increased ; and an account of it is given which is stated to be taken from returns of the year 1818 (27 years ago), a period ■% js most, I them • s as wc d. Still, dmitsof o me to [)f us in )G there cned to anual of ly Plan.' 508, the d Upper capital of Mon. staple other cingdom ified, of js. The Upper [lat pro- ondon is mewhat lars ago, N passes )r 1200 it passef! vhich, I 3 trans- ers. In as a cor- 5 greatly 3d to be a period 65 which, in reference to Canada, corresj)oriJs tolerubiy well, mulath mutandis, willi tlic Norman conriiiost. An Englishman, who has spent ii week at the Falls, is a little belter qiiali/'ed, (not much) to instrucit his countrymen in the past history mu\ present condilion of this interesting por- tion of the British dominions, than the student of this "Geo- graphy on a new and easy Plan.'* V. — Another object desirable to bo accomplished for pro- i.^xa our- moting the security and welfare of Can.ida, is the counteract-'""""*'''*'" ing, by whatever measure may seem most effectual, the inju- rious tendency of the report which was presented to her Majesty by Lord Durham, during the last session of Purlia* ment. in thus referring to Lord Durham, I would unwillingly fail to speak of him with the respect due to his rank, and the sta* tion which he lately filled. The strong conviction entertained by the Government of the evil consequences likely to result from the official promulga- tion of such statements and opinions as are contained in that rejiort, were plainly shown from the regret expressed at its hav ing been prematurely published. All was done that could be done in this country, by persons connected with the colony, for lessening the force of a blow unintentionally aimed, (I trust,) at the tranquillity of a distant possession which, for the com- mon good of all its inhabitants, wanted nothing so much as the restoration of internal peace. The late Lieutenant Go- vernor of Upper Canada showed, in the clearest manner, how strangely inacurate the statements Vvcrc which related to his public measures : the merchants of London connected with the colonies felt themselves called upon to wait in a body on her Majesty's Government, with a public expression of their conviction that that part of the report which respected Upper Canada was founded in error, and was likely to be productive of injurious consequences; and, as an inhabitant of Upper Canada, I did not hesitate ^to state officially to her Majesty's Secretary of State, immediately upon its appearance, that I was ready, in any place and at any time, to show that it was utterly !l it i if t ■'1\ l''N ■' 3 fcfi i;:l'i Hi 'tl i t; [] t 111 66 ■;:!;■!! t ' i lias 'B'k: ?^*:^'^.^|!l[ 11' unsafe tu be relied upon as tlie foundation of parliamentary proceedings. I knew then, and I know now, that the means of refuting the most important statements and conclusions con- tained 'n it must exist in the office of the Colonial Department, and could not require even a reference to the colony. The evils, whicii it was clearly foreseen, the report was cer- tain to produce, have since occurred, and are displaying them- selves daily, li ought to be, and therefore It is just to assume that it is, most painful to Lord Durham to learn the proceed- ings which have recently taken place in Upper Canada, the principles for which his opinions have been quoted, and the purposes for which his nane has been used as a rall\ing word. But it must be more painful still to reflect that the whole of ?he report, in tifnt part which relates to Upper Canada, is most clearly of such a nature that it could only be expected to lead to precisely such results. That the good scr>se of the majority of the people will, in time, enable them to triumph over the difficulty, as it has over others, may reasonably l)e hoped ; but it is not unimpor- tant to consider by what means that end could best be pro- moted. The most just and effectual remedy for the evil would of course be an open public investigation into the principal statements, by order of the Government, and a full exposure of the result. If such an investigation, or in fact, any investiga- tion, into the grounds of such statements as I refer to, had preceded the completion of the report, the representations which now appear in it must, one after the other, have been expunged, as being founded in prejudice and error. And, indeed, as to most of them, if Lord Durham would even now statCf (supposing that to be in his power,) upon whose, assunoe proceed- ada, the and the ng word, rtrhole of anada, is pected to '. will, in as it has unimpor* t be pro- r\\ would principal )osure of ivestiga- to, had Qntations ve been And, ven now (tr what robable |rda, the ijury, be next to Tovern- |the evil, nificent ( 67 bridge from England to tiie British colonies. Such an intef^ course as this will lend to cannot last long before many of the representations which the report contains, respecting events and public interests in Upper Canada, would make about the same impression upon the intelligent people of England ns the information that their nwn elections throughout the king- dom were managed and controulcd by the Royal College of SurgeonS) and that ihcir mails were transported in broad- wheeled waggons. With respect to the principle recommended by Lord Dur- ham, under the name of " responsible government," it is not surprising that, notwithstanding the distinct rejection of the innovation by Her Mnjosty's Government, it is still made tho ground of so much hurtful agitation in Upper Canada. It bus been intimated somewhere that his Lordship's meaning in this respect has been misunderstood. If it be so, it is very much to be regretted that it was explained in language appa- rently incapable of receiving any other construction than that which has been placed upon it» I confess I have myself that opinion of the people of Upper Canada that I believe if a majority could reconcile themselves . a shojt experiment of the practical working of the principle Tviferred to, it might do more than argument towards convincing the incautious lovers of change that they are better off as they are. This theory of responsible government could hardly, with consistency, be established in one of our colonies only. If it be wise and just, it should of course be extended to all. In many of the West Indian colonies, for some years past, the Go- vernment has earnestly desired to obtain from the Assemblies their concurrence in certain enactments for meeting the change that has taken place since the emancipation of the slaves. Their desire has, in some colonies, and for a time, been re. sisted. Now, upon this principle of responsible government, those executive officers, who, in the legislature of the colonies, may have supported the measures of the Imperial Government, ought, when they were found to be opposed to the policy .ill 1:1 ( 1 ! ! 1 1 ! f 1l f r i ; H V Hm IM 68 maintained by the Assembly, to have been dismissed by the Government. But to apply the principle to the province for which it ^vas designed. In the published instructions of the Government to Sir Francis Head, taken out by him to Upper Canada, in 1830, it was especially enjoined that, if any of the executive officers serving under him should, in the legislature, oppose themselves to the policy decided upon by the Government; he must of necessity vacate his office. Now Lord Durham, in his report recommends, among oilier changes, the following : — First, that in Canada, a small stipcndary magistracy shall be substituted for the justices of the peace, now residing in all parts of the country : secondly, that no sum of money shall be voted by the Assembly for any purpose whatever, without the previous consent of the crown: thirdly, that the management of all the ungranted lands in Upper Canada shall be exclusively vesfed in a board to be assembled in England : and, fourthly, that in order to promote emigration, Parfiament shall pass an act taxing the wild lands of the people of Upper Canada, and directing the proceeds to be appropriated by the board sitting in London. Without even intimating an opinion upon the justice and expediency of any, or all of these propositions, 1 think I know enough of colonies to affirm that no Assembly that ever has sat, or ever will sit in Upper Canada, would have concurred, or will concur in any one of them ; that they would never cease to remonstrate against them ; and that the carrying any one oi them into effect would occasion more real discontent in the province than existed at the time of Lord Durham's visit to it, in respect to all the matters he speaks of, put together. But, if the Government in England should ever adopt these sug- gestions,lhey would then become material features in provincial policy ; and between the principle announced in Sir Francis Head's instructions, on the one hand, and the responsible Government principle on the other, the officers of the Executive Government would find themselves in this comfortable situation -^they might be inclined to say, in the language of the Speaker \ d by the ;h it was nmcnt to ,in 18;^0, e officers icmselvcs must of lis report ^irst, that ibstituted irts of the voted by ! previous snt of all iclusively fourthly, 1 pass an nada, and rd sitting stice and k I know ever lias oncurrcd, ver cease nv Olio ol' nt in the v'mt to it, er. But, lese sug« )rovincial ' Francis sponsible xecutive I situation 1 Speaker i 69 Lenthal, " We have neither eyes to see, nor tongues to speak, in this place, except as this Assembly shall direct us, whoso servants we are." But if ihey should venture to join a majority of the Assembly, in voting against any part of the policy thus sanctioned by her Majesty's ministers, they must be dismissed for opp>sing the Government. If, on the other hand, they sliotild support the propositions of the Government, and should iiiul thimsclves, as they certainly would, in a minority, they must tlion be dismissed, for not afjrecing with the " majority vf the As'^eTiihhj :^^ in other words, they must be sacrificed, uiiuor one of Lord Durham's recommendations for sup- porting his other recommendations backed by the Queen's Ministers. Certainly nothing can be conceived more independent than the position of a legislator under such circumstances ; for being sure to be dismissed on which ever side he voted, he would be in a situation to exercise the utmost freedom of choice. In the next session, the Governor nn'ght renew his attempt, with the advantage of having a " responsible" cabinet against him, as well as his legislature, in his efforts to carry into effect the Queen's iustiuctions. Occasionally, and I imagine not unfrequently, the Governor having dismissed his council, and crown officers, for having unsuccessfully supported his policy in the Assembly, would exhibit an appearance peculiarly lonely ; not unlike a forlorn looking brig left ashore at low tide. It would soon be felt proper to remove him out of mere compassion ; and indeed, without his removal, the responsible government system would be rather a delusion ; but still the inconvenience would remain, that the same Secretary of State for the colonies, who sent the debated instructions, would be in office. Other colonics would have an interest in him ; and like a title-deed embracing \\'\:i\\y distinct estates, he could not be treated as if connected with one colony alone. So that, at last, the principle would come to a full stop ; for it seems to have been forgotten that to complete the system ihc colonial assemblies must be able to extend their jurisdiction to the other side of the Atlaatic. f i % 'A\ ! i . ,'-t V;: i'l'l 't: 11^ f?! { ' r. 1: 1 1 b. I) I i- i I iii„ Hi.-:' li'i !! 1 :;t'. ro 1 ipeak of this suggestion in tho report in the same sens« in which it appears to have been regarded by Her Majesty's Ministers in their public discussion of it. If the meaning has been misapprehended, an authentic correction should be given ; for it is quite evident that in the Province the construction is not looked upon as doubtful. VI. There are some points connected with the liiitish Ame- futiire eo- rican provinces, wliich seem to be misnpjirchcnded by many Canada. persons m this couutry. J mean more especially the possibili- ty of their being retained as dependencies upon the Crown, and the probability of tlteir desiring in time to become an in- dependent nation ; or preferring to unite their fortunes with those of the American confederacv. It was my intention, when I began this chapter, to have discussed, (and that very shortly,) these, and one or two other subjects connected with these colonies. But the interest which I naturally feel in their future prospects has led me to touch upon a greater variety of topics, at the risk of being thought tedious by many, who may not be induced by circumstances to indulge in similar reflec- tions. My principal object was to discuss the leading points in the bill lately introduced for the future government of Canada, and to examine its details. This I have done in the chapters which follow. I had no idea of offering here, to public consi- deration, any particular plan of my own as a substitute for that measure, nor do I now intend it. If the bill now pending shall, after full discussion, be adopted, it will only remain to wait with hope the results of a policy which Parliament, I am convinced will not adopt, unless upon the lUrongest conviction of its safety and expediency. If, on the other hand, it should be thought prudent to hesitate, then it will seem necessary to discuss and consider whatever variety of propositions the pre- sent situation of these colonies, and the desires and i.iterests of their inhabitants may suggest, as woj thy of beicg at least examined and weighed. I will only take the liberty of setting down, in a few words, the several alternatives which, in such a thorough canvassing of the question, may with some advantage receive attention. I 3 '.m to 1 am 'ictioii should ry to e pre- e rests least etting , s. 71 1. Tlie plan proposed by the bill which lias been intro- duced — which is to make the two provinces one in all respects, giving to them one government, and one legislature. 2. To unite them for purposes of legislation only, leaving them in other respects as they are (which was the measure proposed in 1822). 8. To give but one legislature to Nova Scotia. New Bruns- wick, Lower and Upper Canada, which should meet at Mon- treal, and legislate in all matters for the four provinces. 4. To leave those provinces in possession of their several legislatures; and to create a new legislative body for the four, to make laws in relation to trade, and revenue (not internal), and the improvement of the navigation on the St. Lawrence and Ottawa. 5. To extend the limits of Upper Canada, so as to embrace the island of Montreal, with some of the territory on the op- posite side of the St. Lawrence, and all the lands on the south- west side of the Ottawa — to make the added territory a new county of Upper Canada, giving it in all respects the same laws and providing for its representation in the assembly upon a just scale, as compared with the other parts of Upper Canada- leaving the rest of Lower Canada, with, or vi'ithout Gaspe as may be thought best, to be governed as at present for a limited time, not less than (en rears, but under an amended constitu- tion, as regards the composition, proceedings, and powers of the special council. 0. Or, after annexing Montreal, and contiguous territory to Upper Canada, as above proposed, to restore to Lower Canada its Assembly and Legislative Council, so soon as tranquillity shall be perfectly re-established, and an adcqi-^tc civil list provided for the support of the Government. 7. To leave the territorial arrangement of the two pro- vinces as at present, and to construct a legislative body for the purpose of regulating U^ide and revenue, establishing a civil list, and improving the navigable waters common to both provinces, leaving to Upper (^anada its legislature for other If !■ {■i ;^ ■ 1 -;.ii •i::* ■It ]i I !•' I \; I V ' &4 i ■ I; 72 |!| '; I III parpofleSy and restoring to Lower Cnnada its former constitu- tion, so soon as tranquillity shall be established. 8. To leave the provinces as they are, ia respect to territory, to restore to Lower Cannda its legislature, taking care first to provide an adequate civil list ; and to provide by act of Parlia- ment a mode by which Upper Canada shall propose to the Jegislalure of Lower Canada such enactmonts as she may desire in relation to trade, and revenue, and the impiovemcnt of the navigation common to both; and where Lower Canada shall not concur,—- provide for a decision by act of the imperial parliament, on a reference by the two legislr.tures through the governor general :— - 9. Or, (which I should prefer to the danger of an union) deal "with Lower Canada as circumstances may render just and ad- visable, and leave Upper Canada to increase her revenue upon imports, by imposing duties and collecting them upon the merchandise which passes her barrier. There are great prac- tical difficulties, (perhaps insurmountable indeed,) in the way of this latter course (as the papers before the government and parliament in 1822, when the 3 Geo. IV. ch. 119 was passed ■will explain); but something might be done for overcoming them by proper enactments. It is, however, only to be thought of as a last resource. Of these suggestions I think I should prefer the fifth, and that the seventh and eighth are the next most worthy of con- siderntion. They are all, of course, capable of various modifications, upon descending to details. "Whatever may be the determination of Parliament upon the question, — what provision shall be made for the fature government of Canada ? no reasonable man can doubt that the question itself is one of the most important that will be dis- cussed in the approaching session. It would be such if it only affected, as it must do most deeply, the future prosperity and happiness of the British North American provinces ; for it eeems not to admit of a doubt that, in the life-time of many persons TvTio nre eren now of an age to take part in the discus- sion, these colonies, nay, the Canadas alone, will contain a population greater than that of Scotland. But, to bo sensible of the real importance of the qMes!l()n,wo mu'-t view it in con- nexion With the general interests of tivj cinpiro ; anil we shall then ihnl reason for believing, that none of the nK^isurcs with wiiicli j>:irliamcnt is about to be rjccupied shouhl No contem- plated will) greater anxiety than that of which I liavc endca- vouied, in the following chapters, to explain the principles and detail.;. When a colonist speaks of the value of the colonies to the nfioiher-country, he must expect to be listened to with somo degree of suspicion ; and he should neither be ofTended nor surprised that he has this disadvantage to contend against. It is verv satisfactory to me, on this account to be able to refer to an authority not liable tj the same exception. In the December number of Blackwood's Edinburgh Magazine, published a few days ago, there is an article entitled, " Colonial neglect and Foreign Propitiation," the object of which is to show the astonishing incrr^ase of the colonial trade, and its' im- portance when compared with the trade carried on between Great Britain and foreign nations. There are few, perhaps, who have read it without being surprised at the ficts which it discloses. After adverting to the policy pursued by th(? govern- ment since the year 1823, in the hope of increasing the demand for British manufactures upon the continent of Europe, the writer of the article referred to lays before us the results of that policy, and contrasts them with the state of trade between Great Britain and her colonies. The source from which the information is drawn is perfectly authentic, namelv, the olHcial returns made to the Board of Trade, for the year 1836, beyond which period, it seems they have not been made up. From these public documents tables have been construclf^d exhibiting in one view the value of British manufactured goods exported to the several foreign countries of Europe, to the United States of America, and to the British colonies, and also the amount in value of such mer- vi' '5,;i;l.:r ih.n It ir ■'■\4 rl I ; I I-: t1 I ; i f; 1 !' !■ ; !" ,.;;;■ ^ti; lii ■*!!! 74 cbandise which is consumed, per head, by the inhabitants of each country, upon an average. It appears from thG5?e returns, that in the year 1836, the value of British manuf.ictures exported to the four colonies of Nova Scotia, New Brunswick, Upper and Lower Canada, w;is nearly double the value of those exported to Russia, which has a population of sixty millions ; and exceeded by nearly half a million sterling, the whole value of goods exp(»rted to France, Spain, Prussia, Sweden, and Denmark ; though these countries taken together contain not less than sixty-five mil- lions of people. It is shown by the same returns that in the year 1838, while the inhabitants of these foreign countries consumed on nn average to the following amount per head, of British manu- factures, viz : — The people of France " Spain '■* Sweden ** Denmark " Russia Prussia « Eleven pence per liead Eight pence Nine pence Eleven pence Five pence Three pence halfpenny (( (( (( (C the people of the British provinces in America consumed, upon an average, the value of 1/. lis. Gd. per head : of the British West Indies 3/. 125. Od. per head ; and of the Australian colonies 11/. 15s. per head.* It appears that the value of British manufactures exported in the same year to the United States of America was up- wards of 12,000,000/., giving to each inhabitant upon an average about 175., or rather more than half of the value of goods consumed by each individual in the British American provinces. It is a striking fact that Prussia with 14,000,000 of inhabit- ants takes no greater amount of British manufactures than * There is an evident error in'the tablo as it'is printed in Blnektrood, 9» far as it relates to Portugal. From the data, the average oonsaanptioa per head weald bo eeren shillings inytoad ot eight pence. I 1 1 75 are cor.'samcd in the city of Turuiilo, and one, or at most tvro, of the districts adjoining to it. But a more important dillbrenr.e remains still to be noticed, in comparing ihc quantity of British shipping employed in conluoting the trndo wiih the colonics, and with those foreign coiuilrifs in which tiic syyicm of reciprocity is maintained. It stands as follows : — Torn of British Shipping. France 198,339 Prussia 42,567 Sweden 10,865 Denmark 2,152 Norwav. , 1,573 United States of America 86,383 Total 314,870 Colonies, Tons. British North American Colonies 620,772 West Indies 237,922 East Indian territories 97,034 New South Wales 19,195 Total 974,923 After deducting from the G'20,000 tons that portion which belongs to Nova Scotia and New Brunswick, it will be found that the trade with Canada alone employed, in the year 1836, a much greater lonange of British shipping than the trade with all the six foreign nations above enumerated, including among them the United States of America. It is further shown in the article to which I refer, that while the shipping of Great Britain and Ireland has declined in the I last five and twenty years, that employed in conducting the trade with the colonies has more than doubled. " More decisive evidence cannot be imagined of the vital i importance of the colonial trade ; not only to our commercial wealth, but to our national existence ; and if any one, after the [facts that have now been stated, remains blind to our true Hi !i i; I ■■' ' II' f ' i I' ,4' s Is i \m 4 ■: 'r g .■'v't/,' V- ■ •; i J "■ ■ ^ l ;1 ,■ ■' fl V f - <. : , ' , %(' I. rt Mi 7C f''i national interests, and the quarter from which we must louk for our wealth, our security and independence in future times, I say neither will he be convened thougii one rose from iho dead." " For fifteen years past our whole commercial policy lias been directed to the object of gaining a more ready vent for our r'anufacturcs into tlic conliiicnlal Slates of Europe. We have concluded no less than twelve reciprocity treaties wilii the principal i)Ovvers ; and in order U.> propitiate their g(K;d wiil, we have suy^iiliced by our treaties all our commercial adv;iii, tages, at least ia our inlcrc(»urse with those States. Ant! what has been the result? Whv, that our conniicrce with llu^m is a perfect trifle, when compared with that wiiich v\e maintain with our own colonies. And that while the Old Slates take ulF a few pence per head of their population, our colonies take off as many pounds. In this instance we have truly verified the old adage, that we have been penny wise and pound foulisli, even in regard to our existing into at the moment. But when, in addition to this, it is recollected that these colonies arc part of ourse'v„S; distant provinces of our own empire, whose blood is our blood, whose strength is our strength ; that they are increasing in numbers with a rapidity unparalleled in the annals of the world; and that however fast they may augment, they are, by their situation and circumstances, chained for cen- turies to agricultural and pastoral employments, and conse- quently our export trade with them must increase in the same proportion as their numbers ; while, on the other hand, ihu States of continental Europe are increasing far less rapidly in numbers, are actuated for the most part by commercial oi- po- litical jealousy, and may any moment become our enemies, it may safely be affirmed that the neglect of the colonial pro- vinces to propitiate foreign powers is, ofuU human absurdities, the most absurd." This is the language, not of a colonist, but of Mr. Slieiill' Alison, in addresiijig a public meeting on a late occasi»)n in the city of Glasgow. It is cited in the article in Black vood'ii Ma- gazine to which I have referred ; but it should not be adverted must louk turc limes, ! from iho policy lias 'cnt for uiir We liavo 3 willi the good wiil, ial ndviiii. And u hat li llicm is a 3 maintain lies Uiko uir ics take oir verified ihc and foolisli, nent. But iolonies arc f)ire, vvliosu ; that they led in the y augment, cd for ccn- and conse- n the saiiic hand, the rapidly in rcial or po- enemies, il lonial pro- usurditics, ilr. Shci:a' LsiiMi in the •ood'ij Ma- adverted 77 to without remarking that the British provinces in America hare been, and are at this moment highly favoured by the existing regulations of trade respecting their principal productions — and that to these regulations it is owing in a very considerable de- gree that the comparison which has been made is so greatly to their advantage. Still the results of that just and natural policy are no less gratifying to witness, and we cannot contem- plate them without being forcibly struck by the consideration how much more might be done for improving and strengthei- ing those possessions of the crown, and for increasing their value to the parent state : I mean by commencing a system of colonization on an extensive scale, as a great measure of national policy, and by turning their natural advantages to account by such assistance and encouragement as would make them speedily productive. I '■' m ill ^U .'•;Lii' rrti ' I \ ■: \ It : EXAMINATION OF T« PROPOSED MEASUR E .JrORTUI FUTURE GOVERNMENT or CANADA. ; tt. No« moB bellantes una ■tabular«.—GBOR«K. III. w It'll I , ' m I cannot, perhaps, adopt any method more convenient for making the whole subject intelligible to those who may not have had much previous acquaintance with it than by proceeding, 1st, to state, in a form somewhat more condensed than the bill, the details of the proposed measure ; 2ndly, to point out the principal changes which the bill would introduce into the constitution and government of the Canadas, and to discuss their expediency ; 3rdly, to examine how far the bill is judiciously framed for accomplisi.ing the objects proposed; which will lead to a consideration of its several clauses in detail, and also to some remarks upon the absence of enact- ments in the bill in respect to some objects which it would •eem necessary to provide for, in the event of any measure of the kind being adopted. EXAMINATION. 4^. ^c. CHAPTER I. ftatement of the provisions of " The Bill for reuniting the Provinces " of Upper Canuda and Lower Canada, and for the Government " of the United Province," as prepared and brought in by Lord John Russell and Mr. Labouchere, and ordered by the House of Commons to be printed, on the 20th of June, 1839. [ have given this summary of the provisions of the bill, omitting the technkal language, m the hope that the effect of the nieasaro will be in general more conveniently discerned. No numbers are affixed to the different heads in this summary, for fear of producing confusion in tfie references. Whenever particular clau^ies are cited, the reference is to the bill itaolf.] M 1 ; » ; ■•"1 I V;! i il. OBJECTS OF IHE BILL. seems to be intended to unite the Provinces of Canada, to all intents and purposes, so that, hereafter, they shall com- pose but one province, to be called " the United province of Canada," having but one Executive Government, and one Legislature, which shall meet for the first time in the year 1842 :— To annex to the province of New Brunswick the following i lions of Lower Canada : namely, the District of Gaspe, and be Islands ol Madelaine, commonly called the Magdalen Blands : ;■••' lii;^ ' 1 i.:l: 82 To divide the United Province of Canada mio Jive dii] iricts, excluding from those districts the cities of Quebec,! Montreal, and Toronto, and the tovi^n of Kingston : To provide for establishing the boundaries of these diai tricts, after the passing of the act, by the determination of four! arbitrators and an umpire, for whose appointment and duties | the bill makes provision (see clauses 58 to 65 inclusive) : To subdivide each of these five districts into nine ekctGrJi divisions, with a view to the election of members of the Housel of Assembly— making forty-five electoral districts in all ; andl giving to each of them two members — in all 90 Giving also to Quebec, Montreal, Kingston, and Toronto, two members each 8 Makhig the first Assembly under the act to consist of 98 members These forty-five electoral divisions are to be form.cd anij bounded by the award of the same arbitrators, who are to fom the five districts : •The bill gives a general instruction to the arbitrators (o! form the five districts in such a mantier as to make the numbeji of electoral divisions in Lower Canada as nearly as possibli equal to the number i.i Upper Canada ; and they are aiso instructed that, in forming the clcctorat divisions (that is, inl subdividing each district into nine parts), they are to havej regard, so far as is practicable, to the manner in which thel representation has been proportioned in Upper Canada b}' tlie| provincial statute 60 Geo. III. : l- It pjovides that the Legislature of the United Province may hereafter alter by their acts the boundaries of districts;] or of electoral divisions : — That Her Majesty may appoint the members of thel Legislative Council, and may also delegate to the Governo!! of the United Province the power of making appointmentj from time to time, subject to such instructions as may be givM| to him : s 1> That the Legislative Council shall never consist of less than [wenty members; and that //fe shall form a quorum: that the lembers shall hold their office for eight years only, but that Jhev may be reappointed : they may resign their office ; and Ihall forfeit it by becoming bankrupt, or insolvent, or com- pounding with their creditors, or by being attainted of treason Ir felony : That the laws now in force in Upper Cnnada respecting the imo of holding sessions of the Legislature, the proroguing the 2ssion, and the dissolving the Legislature, shall apply to the Jnited Province, M72^// ^/i(3 Legislature of the United Province ^lalhmike other provision : And the laws now in force in Upper Canada respecting the }lding an annual session of the Legislature, or the continu- bee of the Assembly, or the qualifications necessary for the (ectors, and for the elected, shall extend to the I^egiskture of \p United Province : That the Governor shall appoint a returning officer fcr each [strict, who shall appoint under him a returning officer for :h of the electoral divisions in his district : but these mat- |rs are subject to future regulation by act of the United Le- slature : Tim* the Legislature of the Province may pass such acts iliey may think proper, respecting the number of members serve in the assembly ; I Or the time and place of folding the sessions of the Le- fslature ; Or the prorogation or dissolution thereof; Or the continuance of the Legislature (that is, the dura- )n of each Provincial Parliament) ; Or the qualifications, or disqualifications of voters, or of per- Ins to be elected ; I Or the summoning the Assembly, (meaning the Legislature^ the dispatch of business ; Or respecting the oaths to be tak6ii by voters or by mem- ra of the Assembly ; — y. ! ! t I ; 1 !i -i m i( A-] '■ H' ■■■ 1 ■ i i k. illbgi: 84 With this rcstrictijon, that every bill respecting the pjac? and time of holding the sessions of the Legislature, or the pro. poguing the session, or dissolving the Legislature, or iho mw tinuance of the Assembly, shall be reserved for the significatior of Her Majesty's pleasure, and shall not be assented to until thirty days after it shall have been laid before both Houses of Parliament : That the Assembly may elect their speaker, and may re- move him by their vote : That twenty members of the Assembly shall form a quo.| rum : That any bill affecting, not the whole province, but only some part thereof, or purporting to alter or abolish the tenure! on which lands are holden, or providing for any change in the language in which justice is to be administered, or affectinj the celebration of Divine Worship, or any other religious oli servance, or any existing institution for the maintenance oi advancement of education, or religious instruction in any dis trict, must be reserved by the Governor for twenty-one days at least ; anc' 'f in that time the district council of any clistrict| to be affected ^y such bill (which district councils are new elective bodies proposed to be created by this bill) s request the Governor to reserve such bill for the signifioatioc| of Her Majesty's pleasure, then such bill shall be reservci accordingly ; and it shall not be assented to by Her Majcst)j until it has laid for thirty days j^efore both Houses of Parlia ment. That in each of the five districts there shall be a Repi sentative Council, to be called the " District Council," toconl sist of twenty-seven members, to be first summoned in ttxl year 1842, and to be chosen under instructions to be sent the returning officer for each district. These twenty-seven members shall be composed of threi members to be chosen from each of the nine electoral division! within the district; the elections to be holden by the returning officer of each electoral division, in the same manner ascb 85 lions for members of the Assembly; the qualifications, and disqualifications of members and voters shall be the same as for the Assembly, and also the oaths to be taken by them. That persons chosen to these councils must serve or pay such fine, not exceeding £25, as the district council shall by any ordinance appoint, but no person shall be obliged to serve who shall be disabled by permanent infirmity of body or mind, or shall be sixty five years of age, or shall have served before in the ofliice, or fined for it within five years. That in each year nine of the twenty-seven members shall go out of office, according to the rotation prescribed; but those going out may be immediately re-elected, and an election is to be held annually to supply vacancies. That these district councils shall have quarterly sittings on days which they shall appoint, and may have other sittings upon notice, to be regulated by ordinance of the council. That the council may elect a chairman, and may remove him. That ten members may form a quorum, the chairman to have a casting vote. That the District Councils shall have power to make or- dinances for maintaining and regulating a system of police within the district, for paving and lighting towns, for making, maintaining, or improving any new or existing road, street, railway, canal, or other means of transit, or for the stopping up, altering, or diverting any such road, street, railway, or canal, and for any other purpose or matter which shall be specially subjected to their direction and controul by any act of the 1 iovincial Legislature. That tho district councils may, for any of the above pur- poses, raise a revenue by tolls, &;c. on the works, or by taxes on real and personal property; and may also impose taxes, and may apply the funds " towards the payment of all necessary expenses incurred, or estimated as likely t' be incurred, for the current year in respf \>i to the local govei amen< of the district, either on account ot the k\vt\\l impensei cf nurning officers M -,.!• ^ li:h:! w 'fill I ■iji il^ ■.i ti :;i \". ■rll! IN 86 at elections of members for the district council, or M« salaries of officers, or otherwise howsoever. That the council may by ordinance appoint a clerk of ihe coancil and a treasurer of ihe dish-ict, with such salaries as they may think proper ; and they may in like manner remove these officers. That any ordinance of these coliucIIs may witliin two months be disallowed by the Governor ol llic province ; but unless and until so disallowed shnll have the full force of law. But no ordinance shall be valid, if rupuguant to any act of the Provincial Logiilaturc, or if it impedes the full operation of any such act. That the Provincial Legislature may by act alter the num- ber of members of the councils, or the mode of summoning them, or the regulations respecting their elections, or the quali- fications of members and voters, or their oaths, or the expense of elections, or fines for net accepting, or regarding vacancies, or the meetings of the councils, or the appointment or duties of officers. That the revenues in both provinces, Vv^hich are now subject to appropriation by the respective legislatures, shall form one consolidated fund. That the same five arbitrators who are to be appointed for other purposes under this act shall before theSDlhof September, 1842, determine what constitutes gcncial revenues of tlie |iro- TJnces, or either of them, applicable to the general public ser- vice thereof; and what part of the revenue is derived from loeal rates and assessments, or may be appropriated to any local purpose. And the latter shall not form part of the consolidated fund of the United Province, but shall continue to be raised and applied as before, subject to any act of the legislature, or to any ordmaQceof the district councils authorized to be made by this act. That the debt of the province chargeable on the gene- ral duties, dec, thail be charged against the consolidated fund. «7 That the same arbitrators shall ascertain what civil list, at tho time of passing this bill, is payable by law, in each pro- vince, and the appropriation thereof; and such charge when ascertained shall, after 1st January, 1842, form a permanent charge on the consolidated fund, and shall be appropriated permanently as a civil list, for tiic maintenance and support of the aforesaid public officers, and their several departments, and s!iall be appropriated accordingly by the Governor, acting under the authority of the Secretary of State. That the consolidated fund shall be charged with the ex- penses of the arbitration, and of the elections of members of the Assembly, which charges shall be subject to be reviewed and audited, agreeably to any act that may be passed by the Provincial Legislature. That the civil list shall form the first charge on the conso- lidated revenue, after expenses of collection have been defrayed, and the interest of the public debt shall be the next charge. That the residue of the revenue shall be appropriated by the Legisiature, for the public service, as they shall think proper : but all money bills must originate in the House of Assembly ; And no bill shall be introduced for appr*>priating any part of the consolidated revenue, or of any other tax, or impost, to any purpose, which shall not have been first recommended by a message of the Governor to the Assembly, in the same session. That the determination bv the arbitrators of all matters re- furred to them shall be sent to one of her Majesty's Secretaries of State, and be submitted to her Majesty's Council ; and if allowed, shall be binding and have the force of law ; but there can be no allowance until thirty days after the determination shall have been laid before Parliament. That this act shall not authorise the provincial legislature to afi'ect or vary any of the terms of capitulation, in respect to religious worship, or the temporal rights and privileges of the ministers of religion, or any of the spiritual or temporal rights ft- ^ ii. r\ ^^V, uli r ■■'I i'l -In '■ \- '!■ ;^:';»; M r 88 \f or privileges of the ministers of the Church of England and Ireland, or of the ministers of the Church of Scotland, or of any other religious profession : Except that the Legislature may legislate respecting the maintenance of religion, and the clergy reserves, as the sepa- rate legislatures of the provinces might now do ; but under the same restrictions. The laws of each province are to continue in force, as they may stand on the 1st January, 1842, except where they may bt repugnant to this act, until repealed or altered by the new Provincial Legislature. And anything authorised by this act to be done by the Governor of the United Province, with a view to the constitu- tion of the Legislature of the United Province, or otherwise with a view to the Union of the Provinces, her Majesty may by instructions authorise to be done by the Governor-general of the two Provinces, at any time before their Union. ■I ;:r'([' Hi I' ^■, ' ■si!'' ' '« p -\: ■irp: .' ''"hi" n. lilt CHAPTER II. Statement and discussion of the material changes which such an Act would make in the Constitution and Government of Canada: — Ist. The Uniting the two Provinces. — 2nd. Alterations in the Constitution of the Legislative Council. — 3rd. Institution of Elective District Councils. — 4th. New Powers proposed to bo given to the Colonial Legislature. Any one acquainted with the present constitution of the Ca- nadas will at once see that the most material changes which the proposed Act would introduce arc the following : — 1st. It would make one province of the two, to all intents principni «ti and purposes, giving to the whole of Canada one government, wLtch «uch and one legislature. effect. 2ndly. It would introduce into the constitution of the Legislative Council (the Upper House of the new legisla- ture) some novel principles in government, not only unknown to the constitution which each province has enjoyed under the British Statute, 31 Geo. Ill, ch. 31, but equally unknown in any other colony or country. Srdly. It would create in Canada (not only in Lower Canada, but in the Upper Province where no such institulioiji has ever been desired, or thought of) a number of elective councils, not for the municipal regulation of towns, but extend- ing their government over the whole territory ; each of which councils would have power, within its district, to raise any amount of money by taxes, and to appropriate it to certain public objects ; and also to regulate the internal interests of the district in several important particulars. They would, moreover, be invested with a very important control over the i 'i f fci. i i :}f\ :v. 90 1 :iv.i: ■'*:ir' ■ "I' m liiiiiiife^ procecdingj of the Provincial Legislature — and would liave power of appropriating the local rates and assessments which ore now raised by law in cither province. 4thly. The new Colonial Lc:;islature would have power lo alter certain principles of their constitution which, in respect to Canada, as well as other coloiuos, have bcMMi hitherto un- alterably fixed, or which, more correctly speakinrr. have been subject lo alteration by the Imperial Parliament only. There aro some other chan^'^.rs of loss consequence, which will be noticed in examinliig the details of the Bill. I will now speak of these four leading objects of the Bill, in ProviHcea."* their order, beginning with the '•proposed union of the pro- vinces" which, as it lies at the bottom of the whole measure, I shall not affect to treat with greater brevity than is consisteii* with a full understanding of the subject. It is well known that this is not ako/ielhcr a new project. o Lpglslntlve posediuTi22. Thc idoa of giving but one legisLiturc to the two ])Vovinces of Canada was seriously entertained in 18J22, whoa thc j)reseHt Sir Wilmot Horton, then Under Secretary of Slate for thc Colonies, brouglit in a bill for that purpose, which went into Committee, and on the 2'hh of June, 18;}2, was printed by order of the House of Commons. It was opposed by Sir James Mackintosh and others, principally on the ground tha the inhabitants of Canada had no knowledge of the intention to propose such a change in their constitution ; and the oppo- sition bcingstrenuous, and the Session near an end, it was for the lime abandoned ; but with a determination, expressed on the part of the Government, to bring the measure again for- ward in the following year. It was never afterwards pressed, however. The Assembly of Design relin- ^ '' .qmsiiL'd io Lowcr Canada had, in the mean lime, sent delegates to re- monstrate ; and these came to England charged with petitions against the Bill, which were very numerously signed by the French population. The British inhabitants of Lower Canada very generally desired the Union, and had sent an agent to promote their views. In Upper Canada opinions seemed to be lr2i. 91 niucli divided ; nud the Lcgisilature look n'j dt.'cideil part. Otr the view of matters, as they then stood tlie Cioveniniciit re- solved to abandon their ineii^iuc, which, speaking with riiuoh deference, I think it wns unwise to have ever proposed. It is true liiat lor mnny years there lind been a great want of cor(hah'ty between the Assernblv of Lower Canada and the Rrmnrkt olhor bianclios of the Lc^rislature : the Government iiad been <'"'i;'c«i ''''»' '^ _ on U" 185W ) most unreasonably opposed; the moans n-^ccssary for carrying on th'^ public sfrvirv-' had been withheld; and the prorredings of the Assemblv, and the ianfjupn-e of the leaders in liiat bodv, (who it is just always tf) boar in mind were not all of them French Canadians,) had tended strongly to cherish a spirit of bitter hostility against the Government, and were in fact spreading rapidly and widely among the people feelings of jealousy and suspicion, equally fatal to their interests and to their peacv?. To the progress of these evils it was most desirable that a check should be imposed ; and the Eritisli Government of that day wore led to believe that a remedy would be found in a ]egislati\ ' union of the provinces. They probably hoped, also, that such an union would load gradually lo the introduction info Lower Canada of En /^ish laws and institutions, in the place of those of foreign ori" n, from which the British portion oftlio poDulri'lon have been 'ways c ixious to be delivered; and not wit; t good reason. There can be no doubt that the motives of the GoverniDent in proposing the measure wero the best possible; and whetlier they v.'cre driven from it solely by the opposition which had been raised, wit;. out having in any degree changed their own opinion, could not, perhaps* be verv clearlv ascertained at pres' 'n, if it were material to know. But I believe there have been few observant and re^ fleeting persons iu Upner Canada who have not, in the mean time, seen reasoi;. •:.j,--in and again to rejoice that the project was given up. In the interval which has elapsed, the result of three general elections in Upper Canada has, from time to time, placed the representation of that province, with all the influence over the \i I ; •I :.; 1 ■ 1 1 4;; ji! i tl > V IMAGE EVALUATION TEST TARGET (MT-S) % 1.0 Uim 1125 ■^ lii 1 2.2 1 ■- |||M I.I Hill 1 fi 1.25 1.4 1.6 = Hiotographic Sciences Corporation 23 WEST Vr.iN STREET WEBSTER, N.Y. MSHO (716) 873-4S03 ,i|| BiKllI!!!!!! 9i public mind, and all the control over the Government it which confci:s, in the hands of a party whose leaders have shown unequivocally their disposition to support and encourage t > the utmost the Assembly of Lower Canada in their unpatriotic and fatal course. I need not do more than advert in a single sentence to the recent history of these two colonies, and refer to the records which the printed journals of the Assembly of Upper Canada contain of ihe sentiments and proceedings of that body with respect to the political movements in the lower province, at a moment when the people of that colony were on the very verge of rebellion. How far it would have tended to main- tain the connexion of these provinces with the Crown, and to preserve in them those institutions which are wisely valued by the intelligent and loyal, if the leading politicians in the Assemblies of the two provinces had been actually combined in action, as they were united in feeling, it is not difficult to judge. It has been a misfortune of the British North American Colonies, which their loyal inhabitants have deeply felt, that their popular assemblies, liable like others to frequent fluctua- tions in character and feelings, seem to have been considered as speaking the sentiments of the great mass of the people, whenever they have used the language of fierce defiance of suspicion and discontent, — and at such times only. And looking back upon the past, no one can venture to say with confidence what degree of firmness might have been shown in resisting the clamour and threats of an united assembly, assuming to speak in the name of the whole of Canada, and capable, if their desires were not gratified, of involving both provinces in the same perplexities which had so long prevailed without relief in one of them. I believe that England, no less than the colonies, has reason to congratulate herself that the experiment of an union was not made in 1822. And I believe also that it will be admitted, by those who have had the best means of judging, that some 93 m^h. injury followed from the attempt to make the change referred to in the political condition of the Canadas. The numerous priesthood of the Lower Province, who are dispersed everywhere among the French population, through- out the country as well a? in the towns, were naturally alarmed at what they supposed to be a blow aimed at the national institutions and predilections to which they owed their in- fluence, and which they may sincerely have imagined to be essential to the happiness and safety of the people. If these ecclesiastics had been as enlightened, as I believe they were in general religious and moral, they would have known that under the British Government, and in this age to dread the civil or religious prosecution of a whole people is to fear an imaginary danger. But their position exposed them to be easily misled. It was not difficult for the popular leaders among their countrymen to inspire them with alarm, and thus to secure their co-operation. And it was no less easy for the priests, who have always had deservedly much influence with their flocks, to make the same alarm universal among them, producing a community of feeling and purpose not dishonour- able, as it regarded the motives from which it sprang or the defensive objects to which it was at first limited, but certain to become, as it has beceme, under the guidance of ambitious and wicked men, the cause of infinite evil and suf- fering to the people themselves, and of great mischief to the empire. By those who are resolved to make all argument and all ex- perience bend to the conclusion that an union of the provinces will bring peace and security, it may probably be remarked that the intended measure having been abandoned, and not carried, the result has been a rebellion in both provinces ; and they may asii, What worse consequences could possibly have followed from the proposed union ? But the answer is not less obvious. It is true that there has been a formidable rebellion in Lower Canada, but not because the Government failed to apply the suggested remedy of the union ; the security against such a misfortune lay in measures of another kind, much more *,:i ?i i-U ■.l.|[ V ,!, ft. N ,;r :.' ^i-is -XA m 11: 1 -'I I.' 1 r ^m b(! * iiiiiiis li I' I , 4*^ 96 of the Canadas, I do most sincerely believe ; and if in Par- liament, or among the whole body of public men in these king- doms, there be any individuals who do not partake of this feeling, they are, both in number and importance, too small to be spoken of. For I am persuadeded that an anxiety to place the security and tranquillity of the British North American Colonies out of danger, prevails universally with all the sound population of the mother country ; and if there be a single question upon which public men would most willingly free themselves from the restraints of party, and look only to what is best to be done, I believe it is this question, respecting the future government of Canada. A growing conviction of the value of these colonies, and of the others upon the same continent, which will be more or less affected by the decision ; a warm approbation, and, I may say, a pride in the conduct of their loyal inhabitants under circum- stances of great trial ; and the encouraging conviction which has been late in forcing itself upon the minds of the people of England, that there is in these provinces a sincere desire, and a firm resolution, to abide by the fortunes of the British em- pire, have alj tended to produce the feeling which I have described* Whether the measure of uniting these provinces will, or will not, be the best thing that can be done for them, is the question which it may be expected statesmen of all parties will honestly ask themselves ; and if an error shall be committed in disposing of this great question, which must soon be brought to a decision, it will assuredly be an error of the judgment — it will not be the effect of indifference, and still less can it spring from any ill intention. I have observed that some persons in this country, who of many at professcd not to havc thought deeply upon the matter, had Pfiecting the readily taken up an impression in favour of the union, as if the good policy of uniting the two provinces were in a manner self-evident. But I have met with very few, 1 can scarcely say with any, who, after a short discussion of matters which had escaped their attention, but which it is indispensable should 97 be considered, did not seem as readily to recede from that opinion which the 7 admitted they had hastily formed. It may, indeed, at first sight appear to be a natural process of reasoning to conclude that, as so many evils are supposed to ^!^!,^^6K°n have followed from dividing Canada, by the Act of 1791, the S'necessa- surest and simplest remedy must be to unite the provinces'*' ""^*^""' again. I have heard that argument used in public debate ; but it is not a safe method of reasoning, and especially in affairs of government, to conclude that you may always get out of difficulties by simply reversing the proceeding which got you in. A man may contract a pleurisy by imprudently throwing off his clothes, but he will not remove the disorder by again puting them on. But though it must be confessed that the deduction is not a sound one, the fallacy is even greater in respect to the pre- mises ; for there is nothing as I conceive more groundless than our imagining that because the French Canadians hav- ing become numerous, have also become troublesome, there- fore the dividing the province of Quebec must have been a political blunder, to which all subsequent disasters are to be imputed. The ministers of that day have not left behind them the reputation of being rash and speculative, nor were they habitually careless and inconsiderate ; and Pnrliament, it must be acknowledged, contained at that period a good share of members who were not destitute of judgment. The division of Canada into two provinces was, on more ac- counts than one, a measure of absolute necessity. In the *' rpquired for year 1791, when it took place, the agricultural settlements ^.'^'^p'^^^YiS" which had been formed in the upper part of the province by *»habitant9. disbanded soldiers and American loyalists had become con- siderable. Some thousands of people had spread themselves over the district of Niagara, and over lands still more remote from Quebec, particularly in the western district. Between these new settlements and the country upon the St. Lawrence there were large tracts of wilderness intervening, which the Indians still held as hunting-grounds, and through whicl)i ■':■.;; i I' I ' \-l IPiP" ■ T^ '■ ; T'"^" '."■ ', ^'j^W^'-- 'h ml m iiiffi 98 ihere was no road wliatever in the year 1791, when the Act was passed, nor for some years afterwards. The mail from Quebec found its way into this region but once or twice, I believe, in a twelvemonth ; for it was, in fact, only capable of being traversed by Indians and hunters, or by persons as active and hardy as they. The common way of travelling from the upper country, to and from Montreal and Quebec, was through the lakes and rivers in the summer sea- son ; and the passage was, in point of inconvenince, more formidable, and frequently occupied more time than the inter- course between Toronto and London at the present day. It is quite obvious that, under such circumstances, justice could not be administered, nor any of those objects of society attained which require the intervention of the civil power, for the seat of government was nearly as distant from some of the settlements as Copenhagen is from Rome. If Canada had even remained a mere military government, it could not have continued undivided, without an utter disre- gard of the convenience and interests of the wnole upper por- tion of it, which, while it was in the rapid progress of settle- ment, required to have at hand the various departments of government, and especially those connected with the surveying •and granting of land. But when Parliament determined, as they did in 1791, to bestow a representative form of goverment upon the colony, the gift would have been little more than no- minal so far as Upper Canada was concerned, if it had not been accompanied by a division of the territory. All who re- member the difficulties with which even a journey to Toronto from the western district was attended fifteen years afterwards will have little to doubt of this. But if there had not been these resistless reasons for dividing Jjfio oH^uier the province in 1791, that measure was upon other grounds grounds highly reasonable and proper. It is well known that, although the law of England had been introduced into Canada after the conquest, and had continued for some years in force there, yet the British Parliament by the Act of 1774, expressly restored the ancient law of Canada, and made it " the rule of 99 !■ 1 the Act orion but s, in fact, jrs, or bv n way of treal and imer sea- ce, more the inter- day. js, justice of society lower, for m some of )vernmcnt, litter disre- ipper por- 3 of settle- irtments of surveying ed, as thoy goverment re than no- it had not Ul who re- o Toronto fterwards |or dividing ;r grounds It, although la after the jrce there, expressly the rule of decision in all coiitr<>vorsips rerating to propeity and ciril rights." No Englishman can doubt that, if this step were ne- cessary, the necessity was unfortiuiatc ; but at the same time no one conversant with tlie iiistory of that period can be at a loss to conjecture for what reason that statute was passed. At all events tho thing was done ; and in 179J, when Par- liament again applied themselves to the regulation of the Government of Can.ida, with the view of conferring upon it a more liberal Constitution, the French Canadians had been living for seventeen years in the enjoyment of their restored laws. At that moment the fertile territory which now composes Upper Canada was in the course of settlement, not by French Canadians but by people who had all their lives been accus- tomed to English laws. It would have been absurd and unjust to have subjected these without necessity to the incon- veniences and disadvantages of laws and custon-s to which they were strangers, and to which it was most unlikely they would be reconciled by experience. On the olher hand, to have had two codes of law in one pnformnnfp ' inadvertence province or to have made a distinction in the administration |['„J"^''^'^^^J|, of justice between suitors in the same court, would have been absurd and impracticable. It was to avoid these difficulties that Canada was divided into two provinces, in order that the Fren(!h Canadians, who were settled in the one portion of it, might continue to live under their peculiar laws, which Parlia- ment, whether wisely or not, had restored to them in 1774 ; while the British settlers, who were pouring themselves rapidly into the other portion, might enjoy a sytem better suited to their habits, and much more likely to promote their welfare. — The course was extremely natural and just, and was, in fact, the almost necessary consequence of the restoration of the French law, which had been the act of other ministers. It ia nevertheless deeply to be regretted that, for the purpose of in- cluding in Lower Canada the whole of the French population, the line of division was carried up the river St. Lawrence to that point where the old settlements terminated, and where ration. I ,".T 1 i: H ii^!' Jli; 100 the English sel dements commenced, or about sixty miles above Montreal, to which town and no further the St. Law- rence is navigable for ships; thus excluding Upper Canada from the free enjoyment of a sea-port, of the pro- That was an error in the details which an ignorance of the vince 4ias ° jje«|^','"£ct geography of the country at that early day may, perhaps, iS^rlum'da' ^<^count for. But I cannot see with what degree of justice bopn'X"*" 'hose who administered the government of this country in prusmpoi'^ I'^Ql can be said to have acted unwisely in having divided that immense province ; nor do I think the assertion less unreason- able, which I have heard not unfrcqucntly made, that to this division uf the province may be traced the evils which are now experienced. In 1791, when that step wfis taken, Upper Canada con- tained 10,000 inhabitants. Fifty years have not yet elapsed, and her population has increased to about 450,000. Having a civil government and legislature at a point in the pro^ vince nearly central, and as accessible to all parts of it as ^^ the state of the communications in a new country would per- mit, and having also the full enjoyment of British laws and institutions, her progress with regard to trade, revenue, cultivation of the soil, construction of public works, and the advancement of civil institutions, may compare with any that the British empire has exhibited in any part of her dominions within the same period, or, I think I may add, at any other, Let the inquiry be sincerely made whether such would have been the state of things in this part of Canada, if it had con- tinued to form a portion of the undivided province of Quebec, with the legislature essentially French, and the laws French, and with the public departments of the government inaccessible except by a journey occupying weeks, and over roads whicli | even now are at some seasons of the year scarcely passable. One can only speak of what might have happened in the| language of conjecture ; but I believe the difference wouiJ have been, that the evils whiqh have checked the prosperity oi the Lower Province would in that case have extended eqiiailyf to the Upper; and that in the year 1812, when AmeiicaJ i4 101 declared war against England, that finest portion of Upper Canada which lies to the westward of Toronto, and which at that time was regarded in Lower Canada as almost ter7'a in- cognitOf would have been quietly walked orer by General Hull and his army ; and before Sir George Provost and the Government at Quebec could have been awakened to a sense of the danger, it would have been found in the occupation of some thousands of the people of the neighbouring States. I should be surprised to find that there is a single inhabitant of Upper Canada, of much reputation for intelligence, who has a doubt upon this point, whatever views he may have brought himself to entertain in respect to the propriety of an union at the present time. It is about two hundred years since tlie French made con- siderable settlements in that part of the colony which is now Lower Canada : its present population is computed at 050,000. Upper Canada began to be inhabited by white people only about fifty-five years ago, and its population is believed to be not less than 450,000. It will appear from these facts, I think, that if an union at the present moment can be shown to be an advisable measure, it can hardly be because the separation in 1791 was either unnecessary or unwise. On the contrary, I believe it to be to that separation that Upper Canada mainly owes her rapid advancement. And if in Lower Canada a proportionate pro- gress has not been made, it has been owing partly to difR- culties which " neither laws nor kings can cause, or cure," but mainly to political disadvantages which, far from being re- moved, or even certainly diminished by retaining the colony undivided, would undoubtedly have extended their depressing influence throughout the whole territory. They would have held in comparative thraldom a most fertile and interesting country, which, being delivered from the restraint, has sprung forward with surprising rapidity from a perfect wilderness to be one of the most valuable possessions of the crown. o H $ )\ *■ ii. i '■'■•.; '"'^^ ■,' ■ 'i :;■:!■ '' m "'. If' Qir ilion \h whether an union may nni now be expedient. 102 But admitting it to be fortunate, as I have no doubt it is, tliat up to this time the present provinces of Canada have been under separate governments, still the Imperial Parliament will be called upon to consider, when the Bill comes before them, whether it will or will not be for their mutual advantage that they should now be united. The final discussion of this question in Parliament will be a most important era for those Colonies. If Parliament shall come to a sound decision, as they will sincerely desire to do, the application of a just, firm, and temperate policy on the part of the British Government may in a few years advance these valuable possessions almost incredibly in point of security, prosperity, and happiness. If unfortunately a wrong course be taken, it may not only vastly retard their progress in every respect, but it may lead to con- sequences fatal to their tranquillity, and even destructive of their connexion with the British Crown. It adds no little to the difliculty of arriving at a safe and opinions in satisfactory conclusion, that this is clearly one of those subjects, the provin- " '' '' cesareof m rcspcct to which it may reasonably bc apprehended that course much ^ •' ''i rl'i|: . r ■ i1 mr 104 \M\ S'i' ;:«'-i oowfiquen. must, of coursc cease to be the seat of government, though it COB of 111 removing It. mav readily be supposed that such a change must be produc- tive of serious injury to many of its inhabitants, and even of ruin to some And the blow would be felt the more heavily, from the fact, that they have had good reason for believing themselves to be secure from such a reverse. Toronto has now been the seat of government in Upper Canada for nearly forty-five years. More than twenty years ago, the govern- ment of this country had for a time some intention of making Kingston the capital, led, I believe, by the suggestions of some military men, who had formed the opinion, that a town in a level country is incapable of being defended, and that it was of more consequence that the scat of the civil government in a colony should be a strong military position, than that it should be so situated as to conduce most in time of peace to the gene- . ral convenience of the province, in all matters relating to their civil concerns. After due consideration, however, the idea of making the change was abandoned, since which period expensive public buildings have been erected, and the population has increased from less than 1000 to 12,500. Of this population there are many, in all ranks of life, who have acquired property and built houses, in the full confidence that all uncertainty about the permanence of the seat of government was at an end. Among the respectable emigrants from Europe who have set- tled in the city and its vicinity since the intention of changing the seat of government was abandoned, there are many who, feeling this confidence, have not hesitated to invest whatever capital they brought with them, or have since acquired by their industry, in the purchase and improvement of property, which in the event of such a measure being adopted, would be greatly depreciated in value, and would probably be for some time scarcely saleable at any price. There are other evils and inconveniences which need not be dwelt upon in detail, but which are in-separable from a change of this kind, made after a country haS attained to the state of advancement in which Upper Canada now is ; and which, it is 105 to be presumed, have, in all countries and times, operated strongly in deterring governments from such measures : for it is remarkable in how few instances the seat of government of a country has been removed, though there are many where the reasons which led originally to the selection have long ceased to apply. Nevertheless, it is quite clear that there may bo public exigencies requiring sacrifices to which all must be made to submit ; and il there be really strong reasons in lavour of uniting the provinces, — if it be certain that their union will produce for Canada generally advantages far overbalancing any evils which it is likely to occasion, then it cannot be denied that all partial inconveniences and losses must be encountered, for the sake of the public good. II' it should follow as a con- sequence that the seat of Government must be transferred from Toronto to some other position, that must of course be sub- mitted to. The injury, whatever it might be, would be a pre- sent evil, affecting only a part of the province, and it ought not to stand in the way of great and permanent good. Those upon whom it might press most hardly must rely upon receiving the just consideration of the government ; and the only weight which it can be right to give to considerations of this kind is, that they should manifestly incline the mother country to forbear from making a change of this description, unless upon the clearest conviction of its propriety — in other words, they should serve as a powerful check against the en- gaging in any doubtful experiment, and especially upon the importunity of interested parties. If the scale hangs at all in suspense, it should be recollected that it is one thing to disap- point expr^ctations of probable profit which it may never have been reasonable to form, and another thing to tear from hun- dreds, or from thousands, advantages honestly acquired, upon which the subsistence of themselves and their families depends, and which they had no reason to suppose they held by any precarious tenure. Lec^ving these considerations to receive whatever degree of Mi iii:!il|!?'y h'4 i^ ■i^ ;:;] ii !: •; ! :i m •:v^' ■■'■% }m, -1"^ 11, .1; 106 IJoiiefils cx- .pected from 'At. K )'' attention tliey may seem entitled to, I will proceed to discuss the question upon broader grounds. There are many persons, I have no doubt, botli in the Upper Union consi- Province and in the Lower, who desire an union for general dered on . . ne' , and pubhc reasons, and apart from all motives of private or grounds. » _ * ' local interest or convenience. The motives which prevail with them are different, according to circumstances; for those wlio reside in Lower Canada do not feel the force of those real or supposed inconveniences from which the inhabitants of U[)per Canada seek to be relieved. It is unnecessary, however, to discriminate between these advocates of the measure. 1 be- lieve the following to be the reasons, for some one or more of which the union is desired by all who have made up their minds to support it. It is expected from the union : — , First. — That by rendering powerless that feeling of hostility to British rule, and to British laws and institutions, which is reported to actuate the great mass of the French Canadians, it will deliver the government from that vexatious opposition in the Assembly which has for many years obstructed all its efforts for the public good, and has even endangered the secu- rity of the colony. Secondly, — That it will lead to the voluntary substitution of English laws for those which now prevail, thereby aflJbrding a scope to British enterprise, and security for the investment of British capital, and rendering the colony British in fact, as well as in name. Thirdly. — That it will place the power of legislation in tiio hands of men who will give more liberal encouragement to trade and public enterprises ; and, Fourthly. — That it will obviate whatever difficulties the division of the colony has occasioned in regard to the regula- tion of trade, the imposition of duties, the distribution of re- venue, and the improvement of such navigable waters as are common to both provinces. There may be other advantages anticipated which I have not heard stated, and which do not now occur to me ; but I That it wilt pm nn '-nd to the f vils which hkve arisen from the asceii- diincyof the French Can- adians in thn Legislature. 107 believe tlioso are tlic chief, if not the whole. They are, indeed, objects of that importance that the bare statement of them might almost seem to decide the question, if it were not that between the promise and the enjoyment of benefits, there are so many chances of disappointment, that we must take care not to lose the substance by grasping at the shadow. With respect to the first expected advantngc, it is quite clear that all who have asked for the Union, whether residing in Upper Canada, in Low-er Canada, or in England, assume, as a matter of course, that it can only be thought of by the Government in connexion with such a measure as would cer- tainly place the French Canadians in a decided minority in the new Assembly. Some have asked the Government to secure this object by disfranchising, after a certain period, all who do not hold their hands in free and common soccagc, or, in other words, to deprive the whole, or nearly the whole French Cana dian population, about 450,000 in number, of their right to vote. Some have recommended that the Governor shall have a discretionary power to suspend the issuing of writs of election into districts in which " he may he of opinion that elections could not safely take place ;" and others have expressed their confidence that the Government would proceed more directly and certainly to the object by so modelling the representation in the provisions of the act itself, as to make it clear that British ascendancv is meant to be attained and secured. It is evident that the bill satisfies none of these expectations, what secu rni r- i- i-i i I i 1 i i IltydoPSthe liic two nrst expedients were not likelv to be adopted ; and the nin airord Government has clearly rejected tliem, for there is not a word respecting them in the bill — and instead of fulfiUing the ex- pectations of those who hoped to see the desired security on the very face of the enactments, the scheme which has been pro- posed leaves every thing on that point uncertain. It com- mits the modelling of the representation to the discretion of arbitrators, leaving it therefore unascertained, and unknown, »intil after the bill shall becoEie a law, and after the present constitution of Upper Canada shall have ceased to exist, upon ii: ii Wi .ffi 108 what foundation the very corner-stone of the new structure is to b6 laid. In Lower Canada such a scheme may possibly satisfy some, because looking upon their late constitution as only suspended for a time, and having, in case of its resumption, no security whatever against the overwhelming ascendancy of French interest, they.may be content to take their chance of an arbitra- tion, or of any other indefinite hope. But the majority of in- telligent people in that province cannot, I think, be satisfied with it ; because they have felt that the very shameful misconduct of the French Canadians will warrant the Government in pro- viding by whatever means are least exceptionable against the possible recurrence of such calamities from the same source. They have, therefore, reasonably looked for something better, so far as their own province is concerned ; and in regard to Upper Canada, they can hardly fail to remember that not being now subject to the danger of French ascendancy in the slightest degree, the loyal people of that province ought not to be unnecessarily exposed to an evil, which under their present constitution could never possibly overtake them. I know not whether any compromise may have taken place in Lower Canada since the first Impression made on the pubHc mind by the account of the plan proposed was frankly avowed by the press ; but it itj clear that when the impression was fresh it was strong and decided. On the 18th of July last, the Montreal Gazette, a respectable, and long-established journal, which has always most zealously laboured to promote an union of the provinces, published a sketch of the leading features of the bill, as they had been stated in a letter from England. The sketch which 'had been thus sent was not in every detail consistent with the bill which had been brought in, but it was substantially correct in all its principal features; and speaking of it, the editor says : — " We cannot help re- marking, that the scheme, if schema it be, is far too preposter- ous to be seriously entertained by any one in the least degree acquainted with the principles of the British Constitution, or the state of society in these provinces. acture is fy some, ispended security French n arbitra- itv of in- sfied with isconduct, int in pro- gainst tho le source, ng better, refjaid to r that not icy in the lirht not to 3ir present 109 " In truth the plan in question is not worth discussing ; ^ot \\'e cannot believe that any sane minister of the crown would venture to propose it to Parliament in direct opposition to the friends of the union, both here and at home, and in the face of the abundant information which has been furnished Govern- ment on the important measure. " Better have no union at all that such an union as the plan in question would give to us; and much and long as v/ehave advocated the measure in the abstract, it is our resolutioni sliould the present plan prove to be well-founded, to oppose it to the utmost of our power. But we have better hopes of the present Governnicnt, and the good sense of Parliament, than to believe that so republican and revolutionary an union will ever find favour among any portion of them." In regard to the second benefit expected, namely, the intro- duction, through the agency of the new legislature, of English Expectation laws, and the encouragement expected to be given to British unTon win enterprise and capital : I believe that this hope would be in a introduction great measure trustratcd, it not wholly, under any such system England, as this bill would establish. The Canadians would very na- turally suspect that the abrogation of their laws had been the main object of the union ; and independently of all other mo- lives of action, the determination to resist such a change would inevitably combine them almost to a man, and would preserve them an undivided body in the joint Assembly. It is quite true that, upon any just principle of calculation, the representatives of the French Canadians ought not to be, and I dare say they would not be, the mnjorlty in the Assembly, r U those who may imagine that they would be left to act alone in whatever contest they might be engaged in with the Government must be strangely inattentive to what passes in other countries', and can have hail but little opportrnity of ob- serving the course of political proceedings in either of the Canadas. It is most likely that those members in the joint Assembly who might not be of French origin, might feel little or no desire to take under their protection French laws, or customs, or language, merely for their own sakes ; but many of .■ I \ ( 1 1 : . I'X i 'm m\ % .'I m s m m^t\ m m lili '-■r no them,, it must be remembered; unless they diffeieU from oil other bodies of a like nnturc, would have their own schemes of annoyance, their own dreams of ambition, their own feelings of resentment, their own projects of reform, which might be just as dangerous to the continuance of good government, and just as subversive of the public welfare as any that might find a place in the breast of a French Canadian. They will not fail to consider that by attaching themselves to the representatives of the 450,000 French Canadians they will render the success of their own movements certain, so far, at least, as the Assembly is concerned, unless, indeed, they should form a much more trifling opposition than any Govern- ment eii!"2r in Great Britain or her colonies has usually to con- tend with. And it is not very rational to suppose that they would de- prive themselves of this alliance by uniting with the loyal and well-disposed in objects to which sound patriotism alone could prompt them. The more safe anticipation is that they would be found constantly employed in fostering in the minds of the French Canadians the most groundless suspicions against their Government and their loyal fellow-subjects ; supporting them in their attacks, and encouraging them in all their opposition. I am not warranted in assuming it to be the settled intention of the Government to introduce into Lower Canada the laws of England ; for, indeed, the bill contains provisions which seem to have been inserted with a view of holding out to the French Canadians a promise of protection in this respect. But if there be any hope or intention of the kind, I am persuaded that it would be wisdom to follow the example set in England in the abolition of feudal tenures, by proceeding directly and openly to the object, I mean through the intervention of Parliament. Then the measure would be certain and final — and it might be effected promptly. If it be left to the ehance of being accom- plished by their new legislature, no man now living can feel any confidence that he will see such a result. The attempts to do it, on the one side, and the fear of its being done on the other, may give rise to a bitterness of con- Ill tention, and a constant jealously ruinous to the character of the . legislature. Beyond tliat, nothing can be predicted with the least confidence. With respect to the third benefit expected, namely, that the ^^P^^eliw new House of Assembly would be composed of men who would J^'J^ give the propc • management to trade and public enterprises : ^"Ili^enieS- this is a hope which, I take it, is not very much better founded mpfsuMii**' than the others. Those who occupy themselves in throwing ungenerous ob- stacles in the way of their Government, for the purpose of party warfare, whatever may have been the country of their birth, are found to be but little solicitous about useful public enter- prises, and the advancement of trade. All they mean or desire to foster is public discontent, and those who mark their proceedings will soon have cause to be satisfied that there is scarcely a public interest which they will not be content to seo languishing, and in ruin, rather than that the friends of the Government should be enabled, by sue* cessfully promoting it, to strengthen their claims upon the good will of the community. But if this were otheVwise ; and if French Canadians were the only men (which they certainly are not) who are ready to sacrifice to party the real interests of their country, it is still prudent to consider that trade and revenue are not all that constitute the happiness of a people, and that by endan- gering other objects in the hope of benefiting these, we may find that we have purchased even wealth at too high a price. The last of the objects, which I have supposed the pro- Expectafion meters of the union to have in view, concerns Upper Canada ^T^^^" mainly, but not exclusively. It is thought, I dare say, that an union of the provinces will best remedy whatever inconve- niences the separation (in 1791) has occasioned in regard to the regulation of the import duties, and the trade by sea gene- rally, as well as the distribution of the revenue between the two provinces, and the improvement of those navigable waters which are the common highways for both. 'i'l M 11 '• '( I' m ^'1 ■*•' m I think a reflecting person will see, in regard to these ob- jects, as well as some others that have been spoken of, abun- dant reason to apprehend a great deal of angry and fruitless altercation, with the probable disappointment of reasonable hopes ; but no certain assurance of any thing more satisfactory . As to the division between the two provinces of the duties raised at Quebec upon goods iinnortcd by sea, it is already permanently pro\idcd for by the Imperial Statuie, 3 Goo. IV., chap. 119. PrcsentPitu- For about twenty-five years after tlie division of the pro- J""ca" ada' vinces, in 1791, there was no diHiculty upon this point. The to'ihVd^sui- duties received at Quebec were apportioned by an arnica- buti.'ll of . t I r^ • • I r • revenue on blc arran;^ement throucjh Commissioners, renewed irom tmie Iniporla, un- o o Geo*%"'^if ^^ time, iu order to meet the varying proportions of popula- *'•• ' tion and consumption in the two provinces. At length, however, when the assembly of the Lower province became unreasonable in their ov/n matters, they begun to be unrea- sonable also towards Upper Canada. For several years they interposed obstacles to the renewal of the agreement that had expired ; they then refused to take any step towards an adjust- ment ; and at last, from withholding the remedy, they brought themselves utterly to deny the right, and they persisted in keeping in the chest of Lower Canada the whole amount of duties levied at Quebec. After many fruitless efforfs to obtain justice. Upper Canada *'', being left for some years without a shilling of this revenue, was driven to appeal for redress to the Imperial government. This was in the vear 1822 ; and then the statute referred to (3 Geo. IV. chap. 119) was passed. Any one who will take the trouble to examine its provisions, will see that they are perfectly just in principle ; and during the seventeen years that have elapsed, they have proved to be equally eficctive in practice. The duties are necessarily paid, in the first instance, into the chest of Lower Canada ; and all that was necessary was, tQ take care that Upper Canada should receive her just share of them in proportion to her popuktion, or if it could by any 113 anada [venue, iment. 'red to 111 take ley are years Live in , into was, share ly a°y Ulier rule be more exactly ascertained, in proportion to her consumption of the merchandise upon which the duties hud been paid. It will be found on examination, that the measure adopted by Parliament for adjusting the proportion and sccurinrr its payment, is such as renders Upper Canada completely inde- pendent of the control of the Assembly of Lower Canada in these respects ; and it is quite evident that so long as the Queen's officers in the one province do not fail to comply with the precise injunctions of the Imperial Statute, there can be no delay, no obstruction, or interruption, to the prejudice of tiie other. And at the same time that this object is thus securely pro- vided for, it is to be observed that the Assembly of Lower Canada, in the wildest period of their contentions, have never so far as I know, since the Act was passed, niade any com- plaint against these provisions. On the contrary, I know that both in the Assembly, and by large masses of their French Canadian constituents, it has been admitted in public docu- ments, that the interposition of Parliament had become neces- sary for the protection of Upper Canada ; and that they could not complain of the enactments by which that protection was afforded. It is true I believe, that both parlies have not always been satisfied with the awards which have, from time to time, been made under the statute ; but when opposing pecuniary claims which arc not capable of being settled by any mathematical process, are sincerely urged, I do not know that any means iliave yet been discovered for arriving at a result that will be satisfactory to both. The fuliilmont of one expectation will be usually the disappointment of the other. In the instance of these awards, indeed, it is rather a satisfactory circumstance, that at the conclusion of each arbitration, it has been commonly complained of by the Upper Province, that she did not re- ceive as much as she was entitled to, while the Lower Province protested that she had received too much. The probability is M?;:; ifl ''.'1 4:^''^ Ir i 'M. 114 '. h'" mmm that in these cases, as iu most others, truth lay between the extremes of the respective claims. Upper (.\inada, increasing as she is in numerical strength, .ind certain to have on that account a just claim to an increas- ing shaie of duties, will see in this statute, if she be wise, her best assurance for receiving in all time to come her full right. So far as this consideration goes, she should pause before she commits herself to the chance of any other expenmont for securing to the people within her territory the benefit of all the revenue to be levied upon the articles which they may consume. Before I leave this subject, I will remark, that there is one grievance yet unredressed, connected with the division of du- ties, by reason of a defect in the statute, which, though of minor ^consequence in reference to the main arrangement, becomes, in the course oi years, the occasion of a considerable loss to Upper Canada. But it is a grievance for which the remedy is as simple, as the occasion of the defect is obvious. The Act 3 Geo. IV., eh. 1 19, provides for the division of all duties levied at Quebec, under the previous British Statute, 14 Geo. III., ch. 88 ; it provides also for the division of all duties levied under the acts of the legislature of Lower Cana- da, which latter form the great bulk of the revenue. But it does not make provision for apportioning such duties as might be levied under any British Statutes which should be passed after the 3 Geo. IV., ch. 119. The bill, as it v/as framed and brought in, provided for the division of all duties that should be levied at the port of Que. bee, and would have embraced, therefore, these latter Imperial Statutes as well as others ; and it stood in that shape when printed by order of the House of Commons, on the 24th of June, 1822. But it did not pass in that shape ; probably be- cause at that time the Government intending, as they avowed, to press, in the next session, their bill for a legislative union of the provinces, were willing to leave to future regulatioft by the joint Legislature the division of any duties that might be raised under such Imperial Statutes as should be afterward T^- •4<- 115 passed. There hnve bccii several of such siibsoqucnt stnliUcR; and a considerable nniount of duties has been levied under ihetn — which duties the arbilratois have not tiiought ihcy hu\ authority to divide. Upper Canada lias, in consequence, been delayed in the re- ceipt of her proportion of them at the present time. Her legis- lature has repeatedly prayed that a short act might be pr^'scd repairing the omission, and the Secretary of State has given reason to suppose that it would have been done ; but in the press of public business it has been passed over. There can be no good reason for apprehending longer delay in doing what is so obviously just ; for it cannot for a moment be supposed that an inconvenience so easily removed will be suffered to exist, in order that it may be referred to as an argu- ment for an union of the provinces — and, indeed, it is far from supplying such an argument, for if the provinces were to be united, it is plain that, as respects the past at least, Parliament should repair the defects before the union, so that while Upper Canada is sole, she might receive and appropriate to her own use, these revenues which ought long ago to have been placed at the disposal of her legislature, by a voluntary act of justice on the part of liower Canada. With respect to another branch of this subject; namely, the j„^,,„„ ^^ inconvenience which Upper Canada experiences in having no ^IlP^^^'f*' controul over the imposition of duties at Qnebcc, and being, ^^^^.^^^/^''^y consequently, unable to increase her revenue, as her occasion [Tn SpSri'" may require ; and with respect also to the indisposition on the part of the Assembly of Lower Canada to co-operate in the improvement of those navigable waters which run through both provinces, — these no doubt, are great checks to the pros- perity of Upper Canada ; and, in order to remove them, it would be wise to risk a good deal, but not to risk everything. It is prudent first to ask ourselves this question — Would the object which Upper Canada desires be certainly attained by giving one legislature to the two^'provinces, in which legisla- ture Lower Canada should be represented in proportion, or nearly in proportion, to her population ? To satisfy ourselves it ( f ';'' M m ,.i K I 'i'. V 11' ■ 1 :!';!'• '■:«',! 1 ! ^ ■ A \ 1 i .'■ -i; 'it* 1 '-A-: :i I' I' iL r if/i"' * iV 110 ^ '^. - what nns'A'cr can be safely ;,^iven to this question, it will bo well to call to mind whether they Iiave been French Canodiaas only who, in the Assennbly of Lower Canada, have discovered an indisposition to comply with the reasonable wishes of Uppor Canada in these respects — and whether, on the contrary, those members of British origin, who united with the French CanO' dians in their general political course, did not also unite with them upon such questions as concerned the interests of Upper Canada. It will bo prudent also to consider whctiier most of the valuable improvemonis which have been made in Uppor Canada, and the measnrcfi neccssarv for procurini? funds for such objects, have not usaully encountered a formidable oppo- sition within the Assembly of Upper Canada itself. And when ])oth these considerations are weighed in addition to the assumed certainty that the representatives of the Frciich constituency will be found hostile, it will appear wise to inquire W'hether some other arrangement might not be devised lor at- taining the objects rclerred to, which, while it thrcatcnod lo?g evil, might hold out some more satisfactory assurance of good, •nintdimc'i- That it is very possible to suL'gcst such a measure 1 am rem'pS by* strongly persuaded; and if Parliament docs not make tlm reMdat'eer" atfcmj^t, it Vv'ill, I bclicvc, be principally owing to the unfortu- ey than the natc cu-cumstancc, that the mhabitants ot a portion ci Lower Canada, refusing to regard, even as probable, dangers which their experience and observation might convince tiicm are cer- tain, have urged the measure of an union as the only cure for all difficulties, and have urged it with, a confidence and pcrse- - vcrance which seldom falls to attain its end. objectioMto But I am anxious to confine this paper, if possible, within OnjonT'* a reasonable compass ; and I will therefore proceed now" to state what are the evils which, in my opinion, are to be appre- hended from uniting the proviuces as proposed in this bill. I will state these as plainly as I can, and as shortly as the nature of the subject will permit. ^m- •«* * ■*» - ,'iil bo well diaasonly )vercd an ; of Upper rary, those 3nch CanO' unite with s ol' Upper lost of the in Upper ; funds for Jjiblc oppo- : in addition I the French se to inquire I'iscd for at- catcnod loss ice of good, isurc 1 am make the the unfortu- In of Lower liich hirers w licin arc ccr- dy euro for and perse- iblc, within jecd no\v to |to be appre- this bill. 1 Is the nature lit I greatiy apprehend that whatever ndvAntftges might be n n»ouM Reasonably expected from a Icgislntivo union of the four ^'orth j^'uivo At- American colonics, if that were found pncticabic, and co.^ ^'|^«:|y »^;]'»|j^ sidcrinfi; the rharactcr of the population ff Nova Scotia end |;|;^"y,^ New Brunswick, the cllbct of unitinir ilic two provinces of{;;,",3"'"* Canada only, will bo 1o create a representative assembly such Uliia" """ as the Government will be unable to wilhsiand,cxrept by mca- snrc55» \vhi('h it is painful to anticipate — that it may, at the very outset, anl will certainly, at no distant period, civc existence t'^a representative body in which llic majority will not merely be opposed in the common spirit of party to any colonial governor who shall not be unfaithful to his trust, but a majo- rity which would be held together by a common desire to separate the colony from the Crown — a pa.'ty, consequently, whom it will be impossible to conciliate by any concxission within the bounds of right. I fear that, nevertheless, the anxiety to moderate such oppo- sition ; the desire to be relieved from harassing complaints ; the necessity for obtaining, by some means, a reasonable degree of co-operation on the part of the legislature; and the delusive hope of succeeding, where other ministers and other goi'ernors have failed, but where success by honouiable nicans may bo impossible; and, even more than all, the closire of avoiding, for reasons of [jolioy and hmianity, the necessity of a recourse to arms, may induce future administrations, and future gover- nors to surrender what may be essential to the srvfcty and wel- fare of the colony. The opposition of the Assembly, while it represented Lower Canada alone, appeared to the Government in Kngland to be so formidable, that the influence of the md.. ' I have just enumerated was fast weakening the Royal author- ity, and depriving the constitution of that power of protection which is necessary for the public good. So much so, indeed, that 1 believe there are few people wlio do not feel that, how- ever lamentable have been the events of the last two vears, they have, 't least, been so far beneficial that they have forced upon the mother country convictions which nothing short of Buch calamitious proof seemed capable of impressing. ' :i ;;i .1 I 1 1 ■ t 1 I 118 How much greater then will be the danger, when every (hrent from the Assembly must be treated as proceeding from the representatives of the whole of Canada ; and when every perplexing obstacle thrown in the way of the exectitive Go- vernment will create in the two provinces the same embarrass- ment and confusion which ui. ..cr the former system could on- !y extend to one ! The mother country, the oihcr colonies of the Crown, and the loyal inhabitants of the pro\inces in question, would thence- forward lose the advantage which has rcnrintly been of such vast importancf* — I mean, the advantage of having one colony sound in her allegiance, and ardent in her loyalty, serving as an example and as a check to the oilier. The British population of Lower Canada, and particularly of Montreal, are willing, it seems, to incur the risk of this disadvantage ; and they ask eagerly to be united to Upper Canada, in the hope, (for their loyalty is unquestionable.) that the Assembly returned to represent the two provinces will be sound in their political views. But is it possible that they can feel confident in this hope ? That they nught have some ground for confidence, they have u^KrCunB- asked fo-; certain securities to be afljrdcd to them in the details of the measure. And under a conviction of the same neces- sity, the Assembly of Upper Canada, in giving their qualified assent to be united with the other Province, have been very explicit in announcing it as one oT the conditions on which alone they could prevail on themselves to give that assent, that Lower Canada shall return but fifty members;to the Assembly, while Upper Canada shall retain her present number, which is not less than sixty-two, and, I believe, may be rather morf\ They have also required eight other conditions, all evidently intended as security against the dangerous preponderance of Nnt pro- Lower Canada in the Legislature. But the bill, as it stands^ •weeded, affords not one of these securities. The Governm nt has rejected them all ; and for my own part, I consider that rejec- tion fortunate, because Upper Canada is now fair'v vs'arned that if she is to have the union, she is to have it without them, and she deatred hy da' i!9 is therefore enabled to estimate the more clearly beforehand in what position she would be placed by it. To have relied upon such securities vould have been nothing less than an unforlunalc delusion: If every one of those con- diiions were to be inserted in the act, they would not form an cflbctual security, and it is at least equally certain that they would not have been permanently retained in force. However reasonable and necessary they might be, they would be un- equal in appearance, and in effect; they would therefore be trooid titt« the subjects of perpetual complaint and clamour, and the desire vaiut. to be rid of them would be fo«* ever made the pretence of popular movements. The points would be gradually yielded. If the French Canadians should be violent and clamorous, they would be conceded in the hope of appeasing them; if they should be for a time plausible and submissive, they would be conceded from another motive ; and sooner or later the people of Upper Canada would, I apprehend, be left to take their chance of the union without their securities. Before the Assembly of Upper Canada contented themselves with stipulaiing for conditions, it would have aeemed a natural question for them to ask themselves how it has happened that ihc Statute of 31 Geo III., the constitutional act of the Canadas has not been albe to maintain its ground. It has been again and again acknowledgod by the Assembly in both provinces in public addresses to the Government, to be, what in truth it is, as liberal, as just, as unexceptionable a constitution nsany colony ever enjoyed. It has nevertheless been gradually in- fringed, and at length defied, and having been contemptuously abused, it is now proposed to be abandoned. An inhabitant of Canada should in common prudence ask himself this further question. Why is it proposed in this bill virtually to destroy tlic constitution of the Legislative Council, and why has that branch of the Legislature faileu for years to receive that sup- port which their conduct, as well as the principles they wer^ upholding, entitled them to expect ? Why has it been assumed in public documents ard in parliamentary discussion, that there must be something fatally wrong in the structure of that '; 'i| I ,i Ji:,. I • ! •'if' f ' ' [HI! • i), !v -It I ■h'-'n: ■i^-vrM tin I 1 1 f 1 Ml i ' I 120 body, or fi>mething wilfully injurious in their prcceedinga? No abuse was ever traced to ihem ; no oppression charged ; DO corruption poinded out ; no single act of theirs has been ever brought openly and distinctly into discussion for the pur- pose of showing that they have even erred in judgment. Their demerit has been that they have nOt always gone on cordially with the assembly, when it is now plain in England, as it always has been in Canada, that they could no otherwise huvo done this than by combining with them to insult and crtibanass the Giovernment, and to undermine the constitu.ion whicii it was their bounden duty to maintain. Sureiv it was no error in judgment that they have always conslanily and firmly, but temperately, endeavoured to withstand by constiluiionni means those destructive schemes which the mother country has at last found it necessary to repress by her armies — and vet it "will be found that in several public discussic>ns tliey have been either surrendered silently and without vindicdlion to whatever censures were cast upon them, or the censure has received countenance where the Council could not but feel tliat they had a right to look for support. And now, at the termination of the contest, it is proposed to <',hangc their constitution, appa- rently for the purpose of moulding it more in accordance with that branch of the Legislature from which all the difliculiiei; have sprung. But to say nothing more of the uncertainty of maintaining securities; what security would the proposed measure oflcr against those evils which it is evident ate appit:liendod in Upper Canada, and not less in Lower (Canada by tiu^ British population, for they have expressly and in forcible hmguaf^o avowed their apprehension of ihcm ? Th»;ro is no secuiity in re- spect to the composition of the Assembly — none but the chance of what may result from the award of arbitrators ; — arbitrators to whom the act conveys, in this respect, no instructions, and who could with propriety receive none from any other quarter. If it be desired and expected that the result of such an award shall be to limit the number of members from the French constituency to one-third, or one-fourth, or one-fifth of ana in the As* 121 the whole, or to any number less than lliey Vvould be entitled to by their numerical strength, the only way to ensure such a composition of the Assembly would be by positive provisions in the act itself. What the arbitration might result in no ono could feel assured, unless it wero admilted that tljc arbitratois miglit proceed upon plain priiicij)les of computation; like thoso- apnointed for the division of iliorcvcnue. Jt is true ihatif iho award should nut be approved of, it may be rojocted, but that brings into action the cxf-'culivc Governmenl, «»nd lh(;ir intcr- posiiion could, after all, cslablish noihing. It could go no fartiier than a bare veto. But the most discouraging consideration is, that nothing Propnrjion which Parliament could establish in tliis respect, nothing which rmS'^** the loyal people of Canada could ralionaliy hope to slc main- bmwy, talned vvould afford any sntisHicJory prospect of future peace and good government. If the Fiench Canadians are not to be disfranchised, which they ceitainly ought not. to be, and which it is not intended they shall bo, their representatives must bear some very consideiable projx/rtion in the Assembly. It is reported officially to her Majesty tint ihc French popula- tion in the two provinces is estimated at 450,000, and the English at .^>50,OOJ. If, thcrcroic, there were no reason for making any distinction totlic prejudice of the l./rmer ificy woiild liavo in t!ie Assembly, t;;king ,ulation as the basis, not lo?.s ilian . , vicinbei's out of tlio OS, and possii>ly more, because :.i;my of tlic Engi.^ii inlm- bi'anls of Lower (yan;!da are li;ii;q- \u [)!aecs wbcrt- they are in ii decided minority, and lor whi(di rreutdi members would bo undoubtedly returned, whi(di perhaps is not true, vice versus to the same extent of the French population. Let it be supposed, however, that upon any principle the number of French representatives should be brought much lower; that it should be reduced to 40, or even to 30, and what might then be reasonably expected as the result ? Let any one, acquainted with the proceedings of popular as- semblies and the movements of political parties reflect upon ^his for a moment. '■;i' !l t ■ ■1: ; ' d 1 i- tji! ■••,1 \} ■1^ ■;■-!■> ■' 'I' i 'fb ■PWW' !: i: If" . 122 Let him cull to mitiJ that in Lower Canada the most excep. tionable resolutions and attempts of the Assombly were by no means wholly unsupported by those of British origin ; and that in an Assembly of 80 members thcv were seldom en- countered by nn opposition ranging higher than fiom three to ten. Let liim next consider how short a lime has elapsed since the majority in the Assembly of Upper Cnnnda was led by persons some of whom have shown too clearly their desire to arrive at the same results. And, lastly, let him look to the practical effect in the mother country of the great change which has been made in the representation; and let him suppose that in the House of Conimons, containing about G50 mem- bers, there were 200, of whom it might be considered certain that nothing could be expected from them but a reckless, un- discriminating, factious opposition, prompted by the wish to destroy the power of the crown, and to gratify such ieelingsas Her Majesty has been assured by the royal commissioner now reign, and must be expected to reign for ever in the breasts of the French Canadians. In other words, (though this case would be scarcely so strong.) let it be supposed that the de- luded Chartists continuing for ever, or even but for half a cen- tury under their delusion, were to be represented in the House af Commons by 200 of their devoted followers. It would bo very clear, I imagine, that with all the help of the vast patron- age of Government in this great empire — with all the influence of ancient and venerable institutions, and the traditionary re. spcct for rank and family— with all the substantial power of wealth, and the control of numerous landlords over a grateful tenantry : that with all these advantages no good result could be insured, and that neither the present nor any other ministry could long conduct with effect the business of tho em- pire. It is even more clear that without suci; sources of in- fluence as I have spoken of no administration in this country, appoirted by the Sovereign, could stand for a moment- But Upper Canada has none of these counteracting checks. There it may almost be said that every farmer is an independent free- holder, and every male adnlt a vot«r. With nearly univerial V; 123 snffrage, in a colony situated as thai i.s is it reasonnb!o W count upon such a mnjority as will render innocuous the hos*- tile feelings wiiich are represented as pervading the wliole French population ? There is in all free countries a party in opposition to ihe Government. If otiicr c:iusos were wanting, the desire of place alone would produce it, wherever public employments arc by the constitution accessible to nil ; and where such a party has been once formed, temporary causes of excitement will bring occasional accessions to ils ranks, and when habitually conn* bined in the puisuit of common objects, who .n hope to set bounds to its desires, or to limit its attempts ? Frequently, and for years tonrethcr, the o[)position in Upper Canada has nrevailed as decidedlv over the Government, as it has done in Lower Caniida, though not by a mnjority quite so disproportionate ; and if the two provinces shall be united upon any principle of representation which Parliament could think of proposing, it would not be long, I fear, befoic the British Government would find that their difficulties had, at least, not been diminished by the measure. And a few years cxpeiicnce would probably serve to convince the people of Upper Canada that they had not done wisely in balancing un- certain hopes of revenue and trade against the certain and peaceful enjoyment of blessings which tliey well know how to appreciate, and which, under their present system, they will become every day more capable of preserving. The loyal British populaiion in Lower Canada might a'so be compelled to acknowledge, on their part, when the mischief had been done, that it was to no purpose they had shut their eyes against dangers which there was no reasonable hope ol escaping ; for they would probably see themsclve*" as decidedly as ever under the dominion of a nuijoi ity, from w:iose priijciplcs and proceedings they could having nothing to hope, but every- thing to fear. And they would not then have that encouragement and sup- port, which they derived on a late occasion from the ability of Upper Canada, as a separate province, to cast off the chains 1^ *■; !(!, ■1 i! ^. ; ^ I ;■> 1.* '■:■■' :''0 'i^f '. It {*■■ ■ '!51I m% a,; ^: T^ ^'■!,^ m m 124 that had bound her, and to take the proud part of a loyal colonV nobly lushing forward to maintain the integrity of the empire. ThpiinionBo Coininc^ to a more particular statement of objections, there nr as Upper . . , rnnadn is jg one misrhievous consequence which I believe would bo rhan^'oTiu" Certain to follow the union of the provinces, and which it would ra''Sr"fnts" 1^^ difficult to discuss fully wiihf.ut the danger of being misap- L«gisiuture. pretended, or misconstrued. And yet it is the very last cf)ii- sideration t'lat should be ovciiooLcd. The religious distinction between Catholic and Protestant has never hidierto occasioned anirnusity or coiitention in iho Legislr.turc of cither j)roviiico of Canada. In the lower province the Uomui Catholics are probably now in the propotion cf live t) on' more nunuu'fius than the Protestan's, and in tiiTiOs nn:-?t the majority lias been greater, In the upper {'rcvirsce, t' e Protestants are probably five to one more numerous than th(; CaihoKKts, and the natural consequence has been that without anv intention to exclude, and without anv unfriend! V feolinsr on either side, the number of Protcs- tant members in the Asseni!)Iy of Lower Canada and of Ca- tholics in the Assembiv of Upner Canada has always been in via v consiberable in proportion to the whole. From the decided inequality of parties prevailing from the first, it has followed ns naturally that there has has been no fteliiin; of rivalry, and no contention for the pre-eminence, which circumstances IkmI cf^n- clusively settled. On the contrary, i i Lower Canada the lv'> man Catholics Irish have supported Protestant candidates and in Upper Canada the Protestants of all denominations havo supported Roman Catholic candidates, as freely and heartily, when they respected their private character, and approved of their sentiments and talents, as if thev had been members of their own communion Testimony to the existence of this state of things has been borne in all quarters. But if the inhabitants of bolli provinces are to be represented in one Assembly. I consider it to be altogether doubtful whether that Assembly, when it shall meet for the first time, 125 il colony of the )ns, there wGuld bo 1 it would ng misiip- lust con- Protestant on ill iho probably i thnn the n greater, five to one )nscqncncc nd without of Protcs- nd of C.1- ivs been in he decided ul lowed i)S ry. a nil i;o s Ikm.1 cnn- (la the lv'> datcs unci ions have d heai'tily, pproved of icnibcrs of )f this state |cpreseiit(nl IV doubtful first time, would contain Within its walls a greater number of Roman Ca- tholics, or of Protestants. If the ascendancy of the one over the other should be found to be fluctuating and uncertain, and to depend mainly upon the exertions that nnay be used at elections, then I venture to foretell, that from that cause alone will soon inevitably spring a contention more fatal to the happiness of both classes, and probably to the security of the country, than would be likely to arise from all other causes whatever. If such a rivalry should spring up, the only relief, I fhink, that could be looked forward to, would be from the ultimate ascendancy of the Roman Catholic population, which, 1 be- lieve, would under such circumstances be more likely to take place in the course of time than the ascendancy of the Protest- ants. It may be very true that in this age positive oppression need not be apprehended from such a cause; but the absence of positive oppression is not the only end of good government. And at all events, the experiment is one, which in my humble judgment ought not to be made. Canada, when it was conquered, was a Roman Catholic country, but its inhabitants, with a very trifling exception, oc- cupied only the portion of it which is now Lower Canada. That portion has, in the natural progress of events continued to be essentially Roman Catholic ; and if it should remain so for ever, it is a consequence that has naturally arisen from the early settlement of the country ; and though, when i look at the state of education among the peasantry in that colony I cannot conscientiously say that it has been no disadvantage, yet 1 gladly admit that it appears to have had little or no share in producing the poliiical evils that have been suf- fered. But it is just to remember that Upper Canada was made a separate colony, in order that those who might choose to set- tle in it might be free from anything which might appear unfavourable to their welfare in the laws or condition of the other province. It is, and always has been, as decidedly Protestanf.,. as the ill "'■ 111 :; jl :H4 11! t 1i t -; r- -iWk-W I -^^ ll iJiL 126 other prorinee is Roman Catholic. While it continues to have a separate legislature, and to form a distinct territory, it is likely to remain so; and I can never feel tiiat Parliament has a right to change in cflfcct its religious character by unit, ing it to Flower Canadn. The Koman Catholic population of Upper Cjinnda consists of liish, Scotch, and French Canadians. They have been fully as loyal as any other portion of the Queen's subjects : thev have indeed been cniiiionllv riiithlui to thiMr nll(*;;i;inc:c throughout, and no Icsi can be s;iid wiih justice of the Roman Catholics of British origin residing in Lower Canada. For the sake of themselves, as well as of their fellow sub- jects and their country, I hope they will not be placed in cir- cumstances less favourable to the preservation of that charac- ter whicli they have hitherto so fionourably maintained. The noblest virtues, both public and private, arc too apt to perish in the contest of panics. Would it have been a wise, a safe, or a justifiable remedy, to have proposed for the troubled state of Ireland, in 17U8, that it should be united with Scotland alone, and one legisla- ture given to the two kingdoms, with the right of almost uni- versal suffrage ? I think the people of Scotland would havo had the sagacity to perceive they were about to be made rather an unliiir use of, in the doublfid hope that they might prove sufficient by their weight to keep down evils which, if they rose above them, might be for ever fatal to their dearest interests. It is another objection to this proposed measure, and I cfi'anmiaiithink o vcry Striking one, that the two provinces united wouhJ larseatmh form a territory much too lar^je to be convcnientlv and sMftiy it..v#T»Md «• ruled by one executive fjovernment. This Opinion has been expressed by both brnnchcs of liio Legislature of Upper Canada ; and a deliberate considcriilioa of the matter can scarcely fail to convince any resonablc per- son that the opinion is correct. lues to itorv, it liament ay unit- consists vo been iilijccts : leji'ianctc i U«jman low sub- id in cir- L charac- d. 00 apt to i remedy, .in 1708, 3 Icgisla- mosl uni- c sagacity an uiilair sufficient ose above ts. ic, nnd I lod would and s;ifciy ics of l!>c nsidcraliun jnablc per- 127 I do not speak of Canada with reference to what are reallj its geographical limits, for in that sense it is a country of pro- digious extent ; but I allude to that part of it only which is actuilly orgmisoJ, surveyed, anl divided into districts and townships, and over which largo agricultuusl settlements aro spread, which arc daily and rnj)i(l!y increasing. Taken in their present stale, these scttlcnients compose a country larger than any Huropean kingdom. There are to bo sure some two or throe largo empires on the g^obe of much greater extent, bjt ii is not aitimipteJ to rule these by the mi- chiuery of a single government, though they are each subordi- nate to one sovereign power. The vast Russian empire, for instance, is divided into a great number of provinces; and there are few of the larger states of Europe in which the powers of government extending to the regulation of the ordinary in- terests of society are not exercised by departments more ac- cessible, as respects distance, to all the inhabitants of the terri- tory than is the case in either of ihe provinces of Canada, even us they are now constituted. The kingdom of Belgium, or Holland, or Denmark, is scarcely larger than some of the twelve districts into which Upper Canada was until lately divided, and the two provinces united would compose a territory so large, that I know not where we could look for an example of a civilized community spread over sutth a surface, and attempted to be held together by one executive government. We should find none, I think, in Europe, at least none in countries where the clima'e and the soil admit of a dense and settled population ; and though most arrangements arc on a lirge scale in North Americi, yet, if we look at the map, we shall fiod thai not less than six or seven states of the republi- can confederacy lie opposite to the frontier of Canada, each having within itself a separate government. In the case of the union with Ireland, the laws of that coun- try did not lose the support, nor did its inhabitants lose the convenience, of an executive government easily accessible. And «vea io the case of Scotland, the same thing may be said,-^ ■ 1 M \ 'I ■ i s' f ■: ;i ■fV ll i'M M- l-i nil''"' ^' >m a 128 >A' I ^ [iSdlU though its individuallity was not preserved to the same extent. Scotland is still Scotland ; it still exists as n separate country, in a degree not unimportont to the con\'enionce of its inhnbit- nnts ; hut the cflbct of this bill would be to confound all dis- tinction of territory, and to make the whole of Ciuiada one province under one government. No person who, like myself, has been for nearly thirty yrnrs traversing annually a large portion of Upper Canada, can pos- sibly persuade himself that tho great ends of civil gov(»rnment, safety and convenience, can bf reasonably provided for under such an arrangement. If it be attempted, the change cannot last. The inconvenienres to which it would give rise could scarcely be over-slated : on the contrary, it would be found on experience of such a system, that it would lead to difRculiics greater than had been foreseen. , If an Act of Parliament were to be passed making all England one county, it would scarcely be a more inconvenient change, I think, than the subjecting the whole of Canada to be governed by one executive. To see more clearly the effect, we must consider that, as in TM*e"ce"' one province there can be but one government, so that govern- wl»w.*""'^»nenimust be stationary, and must have its seat somewhere. — The bill affords no hint as to where that seat would be ; but in this respect, as well as in regard to the very material point of settling the proportion of representatives, it leaves every one at liberty to hope, according to his fancy ; and it is much moic easy to conjecture why this course has been taken than to imagine how these matters would be decided in the end ; for I am inclined to think that parliament could have made no arrangement of them in the bill which would not have ren- dered »he inhabitants of the one province or the other, with very few exceptions, opponents ot the measure. But sooner or later the decision must be come to, and it Would seem both prudent and just that, in a case of this descrip* tion, definite and clear views should be arrived at before the jezisting state of things is unsettled, aad that those whose inr 129 tcrests are most involved should havu some knowledge bcfore- h;ind of what is intended. On the 27th March last the Assemblv of Upper Canada pissed several resolutions upon the sulject of the union which vviis understood to be contcmplntfd by \\u'. government. These have been transmitted to her Majesty's Secretary of Slate^ and have been hiid btTure Parhanient. In them the Assembly doclare that they are distinctly opposed to the measure, unless certain conditions, which they specify, sh.dl be embodied in the act that may be passed. Those conditions are numerous; and the first of them all, bein^ that to which the Assembly it appears attached at least as much consc(|uence as to any, is, " Thut, in the event of the union of the provinces of Upper anil Lower Canada, the seat of Government should be within the present boundary of Upper Canada." The bill contains no such provision, nor could it be reason- ably expected that it would. It ought not, perhaps, to be wholly silent on the subject; but if Parliament shall bring themselves to delibeiate upon that point, they will hardly, I imagine, think it wise to withdraw the presence of the execu- tive government entirely from that portion of Canada which contains 450,000 French Canadians, whose violence and trea- sonable plots have occasioned so much mischief, and whose reported hostility to the Crown is the main cause of disturbing the present constitution. This population will require, it is Not na^e to reasonable to suppose, to be rather more closely superintended ihe executive . , , , -III • noveriiniMiit than could be conveniently done by an executive government fmni Lower situated in Upper Canada, and it will be a misfortune, I lhii»k, if a dilTc rent opinion shall be formed in this country. Quebec is, both by its position and its strength, the grand citadel of British power on the continent ol North America ; and it will be an unwise measure which shall remove from it the repre- sentative of the sovereign. On the other hand, tho expectations which I have been sur- prised to find are really entertained in Montreal, of that city being made the seat of government in the event of an union, are no less open to serious objections of another kind, and such , ■ h i! ^ii '' i V\ f .::, t If : I ,1; :i ■t il W %.\\. m iWm^jT -r!'! 130 «a I ihink are sufficient of ihcmsclvcs to show that an union of the provinces is a prdject that ought not to be entertained. The inhabitants of Montreal, and those conncf:ted wiih lluit district, either by comnicrcial dealings, or otherwise, iiavc been, throughout the principal promoters of liie union. The idea in 1822, I believe, originiled wiih them, and was mninly inculcated and supported by them. From that time to the pre- sent they have industriously laboured to revive the project ; nncl I have never thought, and do not now think, that the union, if deprived of their persevering advocacy, and left to its own rue- rits, was likely to have been adopted by any administration. It is, J think, n decisive argument against it, that, if tl.c whole of Canada were made to form one territory, the scat of government could be placed at no point which would not be too distant from one or both of the extremities. Taking King- iton to be the most central point, it would be at least five hun- -dred miles from the eastern portion of Lower Canada, and ncnr- ly four hundred and fifty mih.'s from the western part of Upper Canada. When a comparison is made between the conveni- ence of such an arrangement and the state of things that now .exists in each province, and when it is further considered tij;U for about five months out of the twelve liie onlv communioatinn is by land, over roads which it may readily be supposed arc not of the best description,— some idea may be formed of ihc inconveniences which must attend such a change. Again, if the f)rovinccs were to be united, and, from a con- Aerii.ncu of victiou of tlio imprudoncc o removing the seat of government witlidnwjng , ,, . , i-^ » • i • i '" r • ir wholly whollv trom Lower Lanaqa it were determined to transient tri'in Upper innada (q Montreal, the inconvenience in the case of Upper Canada Would be ' ' • imoitrawe. would bc vcry much increased. The distance fi:om thence lo the oldest and most populous part of the western district is from six hundred and twenty to six hundred and fifiy miles; and the inhabitants of that part of Upper Canada living in sight of a populous foreign country would be nearly as distant from the seat of their own government as Edinburgh is from Berlin or Paris from Rome. ][f such ao arrangement is not without precedent ander any : It an union jntcrtaincd. (J Willi ilmt •wise, liavc nion. The was mainly- ; to I he pre- irojoct ; and he uuiori, if its own HiC- listration. that, if the , I he scat of oLilcl not be uking King- nst five hun- la, nnri nonr- irt of Upper he convcni- gs that now sidercd liiat nmiinicalion iipposcd arc >rMicd of the from a con- go vcrnmciit to transfer it 7pcr Canadii jrn 1 hence to n district is fifiy miles; ida living in rly as distant urgh is from 3t QDder any 131 well-constituted government, it is very nearly so. It is not thus that Great Britain hus provided tor the maintenanne of her authority in any other portion of her vast empire. Nova Scotia, New Brunswick, and Prince Edward Island might, as regards hoili extent and position, be placed under one govern- monf, with in'rinitcly more convenience than the two provinces of Canada, of which the cultivated districts extend, exclusive of Gasp^*, from tho OTth to the 83rd degrees of west longitude. In New South Wales, Van Dicman's Land, the West indies, the necessity Iras been felt and submitted to 'if bringing tho government within a reasonable distance of the people to ho governed. And if there be a country under the crown where this consideration ought not to be lost sight of, it is Upper Canada. To deprive that whole territory of the presence of a govern- jj„, „„„,,„» or and government would be manilcslly improper, both as re- KxeSivB* gards the security of the colony, and tho welfare of its i:ihabi- JvnlJfn'pj^y t;Hits. The southern and western frontiers of Upper Canada, ^''^'""^*' including the I irge tract bordering on Lake Huron, and now becoming rapidly selllcd, is not less in extent than eight or nine hundred miles. Along this whole line it lies opposite to a foreign country, from wben(!e it is easily a[>proachcd by wa- ter, and in several portion? of it this foreign country, more po- pulous than our own, is separated from it only by a narrow strait, which being frozen in winter affjrds a most convenient liiffhwav from tho one to the other. It need hardly be saiil that either in time of war between tho two countries, or in tho event of irregular hostilities, which, unfortunately, can no long'^r be spoken of as improbable, it is important to the security of the colony that tho government should he within such a distance as to admit of a vigilant sup- erintendence. If it were to be fixed at Montreal, it would bo placed fifty miles beyond the whole of the frontier which has been tl.iis described, instead of being, as it now is, nt a point very nearly central, conveniently accessible from all parts. Those who were in Upper Canada in 1812, and in 1S37, can judge what would have been the probable effect, if it had I ( ■'k 1111 '* 1) f^ i'! 'i'ii' liS'l!: i Wl. :iir n.- ' 14 ■: lai, ::a-f-\. been necessary to resort to Montreal for the protection and assistance of the government. Ther: again, as regards the in- terna! peace of the country,it requires to be considered whether a government seated at Montreal would be in a condition to meet such exigencies as ...e more or less likely to occur in all countries, iiiots at chclions, seditious tumults, and popular commotions from various causes, now and then occur, under every form of government which is not absolutely despotic, and sometimes also there ; and they usually become formidable if not promptly sunpiessed. There are seasons when it would probably require a Io'^,:_jr time to communicate from Sandwich with Montreal, and to receive an answer, than it would be to travel from Toronto to England. In a nevv col«)ny more especially, which is in progress of settlement by pc pie from different countries and of various classes, and where the elements of society cannot be expected to be at once so happily mingled as in older communiti'^s, it is desirable, on every account, that the protection, the influence, the intelligence, and the example of the government should be brought near. Toronto, though it is situated 380 miles already itig- above JVlontrcal, is, for these purposes, too diisiant from some tf«efifiit)*«. of the western portions of Upper ('anada, and it has, indeed, not unfrequently occured to me, that if it were not for the dif- ficulty of distributing the revenue upon imports, and for the increased expense which such an arrangemeni would occasion, it would, on several accounts, be politic, instead of uniting ilie two provinces, to make one province mo.e in this vast territory. by ercct'ng that part of Canada which lies westward of the head of Lake Ontario into a province, of which London should be the capital, making another province below that wlii(-h should extend eastward, so as to include Montreal, of which Kingston should be the capital, and leaving llie remainder of Lower Canada to compose the third province. And I have no doubt that by such an arrangome-^* the finest portion of Canada, which is that lying above Lake Ontario, would be rendered much more secure against foreign aggrcssioQs, and ::tion and is the in- i whether idition to cur in all d popular ur, under ■ dcspoiic, brmidablc 1 it would Sandwich uld be to regress of :)f various 3 expected lili'^s, it is I influence, nt should 380 miles rom some IS, indeed, i)r the Jif- nd for the 1 occasion, uniting ihc territory, ard of the don should lat which of which nainder of nd I liavc portion of would be ssions, and 133 that the convenience and welfares of its iahfibitaiKs would be in many respects greatly promoted. To remove the .eat of government wholly from Upper Canada would not only be contrary to the declared sense of the legislature of that colony, but it would be Laying the founda- tion of certain c'iscontciit, and that to a degree that could hardly be exaggcratcf' Independently of the necessity which the people are under of resorting frequently to those public departments of the government which arc connected 'vith the administration of justice, the collection of the revenue, the surveying and grant* ing of lands, and the dispensing the patronage of the crown, the proceedings of the f^cgislature aflect numerous objects of public and private interest, which call for the perjonnl attend- ance of people of all ranks to solicit measures, or to opposo them, as well as to furnish iuformaiion. Those who liave seen little of Upper Canada, and have pei haps thought little about it, — who have not travelled through its extensive districts, and know nothing, from personal obser- vation, of the wants, the dangers, or the desires of its people, — such persons may imagine that they can provide adequately for its welfare through the agency of a government wholly removed beyond its limits. But those cannot think so who possess the means of infoimation, which alone can enable them to judge with confidence. VVitho'U looking to any other objection than this single one of the g'eat extent of territory wliich it is proposed to place under one government, it is easy to foresee that the union would be found to disappoint the views of both classes of its advocates in the colonies. As to those in Upper Canada, who have per- suaded themselves to ask lor it, though only upon certain con- ditions, they will find that their assent will naturally be taken as something that may be advanced in support of the principle of the measure, while their conditions will be treated as matters of detail in which they have can no right to dictate, and which Parliament must be nllowed to deal with as they may think best. They wouid find also, in the end, that the condition re* ■f i ! i m 1 1 ill I ! •;! .■; 1.: : i i ■I 1,1' JM «p©cling the scut of government, which they appear to have thought so important sl^ to place it in the foreground, is pre- cisely that point upon which they could least safely reckon upon a compliance with their wishes. The expectations which, since the government has espoused the prayer of an union, begin to be openly acknowledged by the inhabitants of Montreal, though ihey may appear unrca- sonable, are nevertheless not unlikely to be fulfilled. What Parliament may decline to settle in their favour, they may trust to the progress of events for accomplisliiii^. They may ventuie toanlicipac that in the United Legislature ail the re- presentatives from that territory which Is now Lower Cana- da will vote for retaining the seat of government among them- selves; an J if lh9S3 should be joined by those representatives from the eastern parts of Upper Canada to whom Montreal would be more convenient than Kingston, or any other -oh • jrj that province which might be thought eligible, they .ua/ well hope to sec their object accomplished. But, if there should be any among the advocates of an union whose zeal has been exited by the prospect of such a result^ they may I think assure themselves that to them also the end will not be satifactory. For the striking evils whij for overcoming the existing difficulties in Lower Canada? paTare' what Must either confusion or arbitrary government continue tOfof^bowM* reign there ? I would answer that Lower Canada rebelled :;■! V: rir ii iii ' , it I 136 i I llii-^ without other cause than that which plainly enough shows that under existing circumstances, and in the excited state of parties, her present constitution is unfitted for securing the protection and welfare of the people ; and that, for a time at least, a peculiar system of government is necessary for that colony. Let such a system then be adopted, and maintained until the time shall arrive when other measures will be safe. It is only requisite that the powers of the special council should be extended and made adequate to all the ends of good go« vernment. Lower Canada has now the best form of govern- ment that in her present condition she can have. To suppose that this form of government should be for ever continued might not be an agreeable prospect ; but for a limited number of years, even V^ujjh the number might be considerable, the advantages whit^i A'ould assuredly confer might well recon- cile to it all those who should be under its authority. They would find it no unpleasing occupation to compare their actual condition with the past. In the mean time the true policy would be to give Upper Canada a sea-port by extending her limits to Montreal, or, if there shall appear to be strong objections to that measure, to give to her, by other arrangements which can be devised, the means of adding to her revenue upon imports by sea, to co- lonize the waste lands in both provinces, to educate the French Canadians, to establish circuit courts among them, to spread the knowledge of the English language, to give by degrees, if not immediately, the laws of England ; and then, when Lower Canada has been thus made an English colony, to restore to it the English constitution. During this period of transition the country will have whai is essential to its repose — a strong government ; and it will have at the same time what is so much talked of, a cheap govern- ment—but a government fully adequate to protect all classes to redress all grievances, to promote all improvements, and to answer every end for which societies are formed. The objection which I have sometimes heard urged against placing matters on this footing is, that those inhabitant.^ of 137 Lower Canada wiio are of Briiisli origin could never be coil- tent under any other than a representative constitution. If that should, indeed, be their feeling, it could hardly, I think, spring from a regard for their own good ; for one would suppose that their past experience of representative government was not calculated to call forth an impatient desire for its speedy re- storation. They would tell us that they hope to escape such evils in future from the accession of British-born subjects wliich the Union wonld introduce into the legislature. But they should remember in lime, that, although it has been very satisfactorily proved that the great mass of the people in Up- per Canada arc well disposed, yet they are not all so, nor will past experience justify the hope that their choice of repre- sentatives will be so discreet as to furnish the requisite ma- jority, not only for keeping down all unreasonable opposition among their Upper Canadian colleagues, but for overcoming the resistance which has impeded the progress of good go- vernment in Lower Canada. It may, perhaps, be the point of honour chiefly which in, disposes the British inhabitants of Lower Canada to be go* verned for a time as a crown colony. But they might not unreasonably be asked to consider how many of the most valuable foreign possessions of the Crown always have been, and are to this moment, governed upon the same principle ; and they might look to another colony not very distant from them, in which they will find the most respect- able portion of the population earnestly praying to be de- livered from a representative constitution which has of late years been conferred upon them, and which instead of proving to them a blessing, has brought with it only dissension and violence. It depends upon circumstances whether such a mode of government is likely to be productive of good or evil, No one will deny that in Lower Canada the circumstances of the country are particularly unfavourable to its operation.— It is much, indeed, to be lamented then, if our fd low subjects of British origin in that province arc really so imprudent that they are not only willing, on their own part, to incur again th« '11.1 I'll ill =.!?(" iv r M ; ■ ^i I * J is %' ' !l & ■; I m < , m : mn M--i " ' \ i llfi i';l: ■■ ,k'i 138 rjgk of sacrificing the actual enjoyment of liberty to the name, but that they desire to involve Upper Canada in the same danger with themselves. If such ;i feeling does really exist among them, it is pro- bably in a pivcui measure to be ascribed to the inconsiderate- ness with whifth, in all public discussions in Parliament, the form of Government at present maintained has been spoken of ns arbitrary, and has with little attention to accuracy been called expressly " a despotism." It is certainly not a reprc- sentative form of conslilutiiai, tliough if it were to be main- tained for some years, it would be easy and perhaps advisable to^make the special coiiuncjl in part elective. Hut it is very far from being a despotic G-jvcrnmciit. It is a wiiiten coii- stilulion conferred by Ptiili'iment, in which the limits of exe- cutive and legislative ar.tliority a.te defined, and the laws aie as supreme as in any other country ; and it is surely a strange description of despot ism in which noiliing can he done contrary to law, and in which the law, so far iVoni dejiending on the wilt of the exociulve, c;ui only Le cliangcd with the concurrence of a council of tv.enty rnt:rnbLM>-, taken from the worthiest, most respectable, and most inlelligcnt inhabitants of the province.-— It is merely revei ting to the form of constitution established by Parliament for tiie province of Quebec in the year 1774. p^^ p^ Besides unii-ing the provinces, the bill now before parliament uifl^conV "u; w^"'^ introducn into the constitution of the Legislative Coun- iiiativo*cil (the upper house of the proposed new legislature) some novel principles in Government, not only unknown to the con- stitution, which Ciich province had enjoyed under the British Statute, 31 Geo. 111. ch 31, but equally unknown' in any other colony or country. This is the second material change which the bill wou.'J effect ; and it certainly seems not a little singular that at the very time when it is proposed to add greatly to the weight of the representative branch of the legislature in Canada, by con- centrating it in one assembly more numerous than any other 139 ty to the ada in the it is pro- ►nsiderate- mcnt, the spoken of racv been ; a repro- ) be mn in- advisable t itis very iltcn coii- ils oi' cxc- laws aie a slrni;gG ) e(»ntiary ig on the ncunoiice liest, most rovince.— istablished T 1774. )arh*amcnt ivc Coun- ire) somo o the con- ic British [1' in anv )iil wou.'J lat at the weight of J, by con- my other nre EJniilar body in the British Colonies, it should be thought pru- dent to diminish the weight of the other branch of the legisla- ture by destroying its claim to independence, and by placing its members, every eigiit years at the pleasure of iho crown, or as the bill is in eflect, at the mercy of the Governor. As the proposition is to construct a Leirislnlive Council, such s^m-h a con* as exists nowhere, and still less such as anv precedent c?n *^'/"|;* •" ' wholly be found for within the British dominions, it naturally occurs ^'j^'J'^'",'^ to ask bv what necessity the Parliament of this country can feel itself impelled to so important and hazardous an innova- tioji ? Who have complained of the Legislative Councils, as they ^ have been hitherto constituted ? That party in both provinces mici" which has shown most clearly, /«/;o///, that their desire and their i»o«ieu i hope has boon to wrest Canada from the crown, and of which the most active and copispicous leaders have had at least can- dour enough to avow and even to proclaim publicly in foreign countries, that a republican government had been their aim, and that nothing but that would ever content them. The present House of Assembly in Upper Canada has carnestlv besou;^ht Her Maiosty that no such chanfjes may bo ¥ CP Urn' Cm- made, but that in this respect the principles of our constitution, as contained in the 31 Geo. HI. ch. 31, shall remain inviolate. The people of Upper Canada have expressed no other wish ; the British population in Lower (^nnada have repeatedly ex- pressed lln'ir hope that the constitution of the Legislative Council will be ui)held; and I think I may venture to say that no Governor ever selected by the Crown to conduct the Go- vernment of either Province, since their constitution was con- ferred upon them, with the exception possibly of Lord Gosford and Lord Durham, can ever have recommended any changed of this nature. Surely they cannot be proposed in deference to the vaguo calumnies which have been urged against the Legislative Coun- cil, by that house of assembly in Lower Canada, whose violent conduct has compelled parliament to suspend the constitution, has driven the sovereign to proclaim martial law, and has I 4' m ■if' I'll r ill m ■il P: '!!| iSf'i^, 'S ■1 k ii '< Iv it 'i 1 'ffS h* ^ H tHi'i: ': Cil 140 thrown upon the cmou'ji ihe expense of defending its authority by arms, against foreign enemies and domestic traitors. n'hat Is iho One cannot but nfik liitnself what is expected from such Biii" by'* changes; what new line of conduct is it desired that the Le- fjisiative Council should embrace ? Certainly it cannot be look- ed to as a probable advantage that with their constitution tJius altered, they would be more inclined hereafter to yield to po- pular movements, however dangerous may be their^- tendency, and less able to resist the curicnt which _may be sweeping everything to destruction, PreMnt con- As the couucils havc hitherto been constituted, their meni- •tltlltOU of uv« 'coui'j- ^°''^ ^'^^0 from the moment of their appointment been, in their character of Legislative Councillors, independent alike of the crown and of the people. They have received no emolument, and the honourable station conferred upon them could never afterwards be taken away. If there has been an authority in the state which could dare to do right, uninfluenced by the fear of offending any power or party, it has been tlie Legislative Council. Theie may have been instances I fear, and especially in Lower Canada when, descending from their position, and un* willing to stand repeatedly opposed to the Executive Govern- raent as well as to the Assembly, in regard to matters of mere political expediency, they have surrendered their own judgment, and have acquiesced in measures which they felt to be unwise, or to be at least of doubtful expediency. But these are not the acts of which their opponents have complained, and certainly they are the acts for which the Government could with least reason censure them. On the other hand it must be said, by all who havc a regard to truth, that they have abused no trust, trifled with no man's interest, violated no public right, but have desired steadily to maintain in the provinces the power of the laws, and the legi- timate authority of the Crown. Of all the parties to the unhappy contentions which in Lower Canada chiefly havc been ruinous to the public welfare, includ- ing tiie Colonial Department, the Loea} Government, tbt 141 aulhoiity rs. i'orn such t the Le- tt be look- ulion thus 2\d to po- tcncleiicy, swcepin^r tieir mem- :n, in their ike of the rnohiment, uld never Lilhoritv in 2(1 bv tlie legislative )ecially in n, and un- Govern- s of niere judgment, )e unwise, 3nts have which the a regard no man's teadily to the legi- I in Lower re, includ- mt, tht Councils, and the Assembly, the Legislative Council is pre- cisely that party whose conduct throughout tiierc would be least difTiculty in vindicating. It has never been imputed to them by parliament or by the Government that they have failed in giving a due support to the rights of the crown on the one hand, or to the principles of the constitution on the other; and if they have refused to mcvo side by side with the Assembly in their ruinous career, that at least can never be justly charged rgainst them as a fault. In theory, the present constitution of the Legislative Council of the Canadas is, in some respects, less open to exception than that of the corresponding branch of the legislature in any other country under the British crown. The appointment of the mcMibcrs rests exclusively with the Sovereign ; they hold their office for life, subject to forfeiture on conviction of high treason^ and they are not removable at pleasure. That the Sovereign will make corrupt use of his patronage in these appointments is an apprehension which British sub- jects in those provinces have not entertained, and they would- lament to find it entertained by parliament. When once the appointment has been made, the member is as independent of the Crown, as any peer is in England. There is, indeed, this difference in the constitution, that the seat is not hereditary, at least no hereditary councillors have been made.under the power which the statute 31st Geo. III. confers upon the Sovereign. The consequence of that difference is, that none can partake of the authority and privileges of the Legislative Council who have not been specially selected by their sovereign as being worthy of the trust, and qualified for the duty ; and it is reasonable to presume that they will retain the good character and the ability which led to the selection. Whether their sons would inherit those qualifications or not must always bo doubtful. However, if the making their seats hereditary would be an improvement, that is not one of the improvements pro- posed. Ti^c lirst of the intended changes is, that the governor of the m w ;0t '!-i|il (T ' ill ill 11 !;i] I ''I I It 4 % !.l \i- III' "1 •J I i' 142 nntehtnie provincc may have power to appoint Legislative Councillors ; propo«e ^^^ ^^^ ^^^ sovereign only, as heretofore. This alteration is surely little calculated to increase the weight of the council, or to give satisfaction either to the popular branch, or to the people at large. The queen is in every way superior to, and is secured from, the influence of such personal or party motives as may be suspected to pre- vail in the local government. But the governor, it must, be admitted, may have a point to carr^ ; and cither in the hope of conciliating troublesome opponents, or in order to raise up a new and more eflectual opposition to them, when they may possibly be in the right, he may, to speak respectfully, make an ill advised and imprudent use of his power, by modelling the council according to his own views. That he should have this power will always be the occasion of jealousy. It is not the case in the other colonial govern- ments, and nothing is less desirable on his own account than that the gov«./nor should possess it. feennd chnngo propused. The next change proposed in the constitution of the Legisla- tive Council is, that it shall not be in the power of the crown or of the governor to appoint any one to the Fiegislulive Coun- cil who shall not have filled, but ceased to hold, the office of judge in the province, or who shall not hold, or have held the office of colonel of militia, or of member of the Exec avo Council, or of the As'-emhli/, or of the Legislative Council of either of the two provinces, or of chairman of any district council, or of Mayor of any town or city in the province. In theory, this seems objectionable, because it is a limitation upon the royal prerogative of such a nature as is without pre- cedent. It circumscribes the field within which the crown must make its selection, and not merely with the view of exact- ing a property -qualification, which would not be unusual. The person's having been a judgo, or a colonel of militia, or a mem- bcr of another council, proves no more than that the govern- meDt once had confidence in his character and ability ; but uncillors ; rnase tho jcr to tho iecn is in flucnco of 0(1 to prc- t must, be 1 the hope raise up a ihcy may jIIv, make modelling 10 occasion al govcrn- :ount than le Leglsla- the crown ilive Coun- he office of vc held the Exec avc Council of ny district ovincc. a limitation Without pro- tho crown w of exact- usual. The , or a mem. the govern- ibility; but 1^ 143 surely that confidence would be eqaliy and more dirclly mani- fested by the very fact of appointing him to the Legislative Council. Again there may be other public officers in the Government ; for example, the receiver-general, the inspector-general, the secretary of the province, the surveyor-goneral, who. from their character and talents, may be highly worthy of the confidence of the crown, and may be generally respected by the people, though not applauded by a party. IJut ihoy could not be ap- pointed to the Lcg'slative Council, according to this bill, unless they happcneii to be also members of the Executive Council, Whv it should be neccssarv to make them members of the colonial cabinet, as it were, thereby binding them in the closest contiexion with the government before they can be intrusted with the duty of legislation, it seems not easy to understand. Then, as to the other alternatives, that the person to be ap- pointed must have been a member of the Assembly, or of some district council, or a mayor of some city corporation, these all point to a connexion between this branch of tho legislature and popular suffrage. It is applying indirectly the principle of elec- tion, in the constitution of the upper branch of the legislature, contrary to the system established in the mother country. But the people have the exclusive appointment of the members of the other branch, without whose concurrence no laws can be made. It tends to destroy the balance of the constitution, and it is contrary to the principles uniformly acted upon in tho mother country, and in every colony under the Crown, that they should hive directly or indirectly a voice in the compo- sition of the council also. These two branches have between them exclusively the privilege of franung and proposing laws, and it is right, and in a monarchy it is necessary, that they should be wholly independent of each other. Besides, as re- spects the condition of being, or having been, a member of the Assembly, that proves only that the person has, or had the con- fidence of the people. But in electing their branch, tic peo- ple do not exact as a condition that the candidate shall have had the confidence of the Crown, nor do they require even iii'i' ;H t '■ ■ s : I ■ I '■ '. I If: 'V- ''lit 144 ? i :■ i that he should have had previously tlie confidence of the peo- ple, for they frequently choose at an election persons who had been rejected before- They are left without any such rcslric* lions in their choice. Further, as regards the expediency of such a provision — if the person proposed to be appointed should happen to be at the tinno a member of the Assembly, we must presume that he takes either a right course of politics, or a wronii one. If a wrong course, it is not fit that the Assembly should be improved at the expense of the Council by transferring him to the latter. If he takes usually a right course, it would probably seldom be thought judicious to impair the composition of the Assembly by withdrawing him. And as to persons being eligible because they have been members of the Assembly, it is rea- sonbly to suppose that, in most cases of their ceasing to be members, the cessation has arisen either froni the people having withdrawn the confidence which they had once placed in the individual, or from the individual's having become weary of public life ; neither of which is a recommendajion to a f la the Council. It is in reality an additional objection to this innovation, as respects all the proposed requisites, they are so numerous and comprehensive, that the provision has the appearance of being inserted as a pretended restriction rather than as any valuable check. The colonels of miiitia alone are so numerous that it would have little practical efiect ; and whenever it did ope- rate, as it sometimes might, to disable the Crown from ap- pointing a gentleman of high character, of large property, and of superior information, who from his having lately removed to the province from Europe, or from some British colony, or who, from disinclination towards the militia service, did not happen to come within the limits of this bill would prescribe to Her Majesty, in every such case it is plain that the eflfect of the restriction would be injurious to the public interest. And, indeed, it is difllcult to bring oneself to feel the value of a regulation which, if it had existed before the late rebellioos* 145 the peo- who had 1 rcstric* vision — if to be at G that he ■ loulcl be ig him to y seldom Usembly I eligible it is rea- ig to l)e 3 people ;e placed le weary to a f mtion, as ?rous and of being valuable LIS that it ; did ope. from ap- crtv, and moved to )Ionv, or I, did not prescribe ihe effect rest. 3 value of ebellioQji« ^ M have opened the legislative councils to the M*Kenzics, tne Papincaus, the Nelsons, and all who had acquired a base popularity by insulting their Sovereign and poisoning the public mind, while it might have closed them against the most worhly, intelligent, ioyal, andopulenl inhabitant of the pro- vince, because his modcstv or his honour unfitted him for the warfare by which the others had attained to their bad emi- nence. A third innovation proposed in the constitution of the 00011-^.^,^^^^ oil is, that the Members shall hold their office but for eight '"'*'''°*'*'*' years, and at the end of that time may be re-appointed or not, at the pleasure of the Government. This appears to be a new invention in government, adopted, apparently, from the practice in some joint-stock companies.— It certainly would tend to sink as low as it could well be sunk the character of the members of the Legislative Council for in- dependence of conduct ; and it is difficult to understand in what point of view it can have been thought to be an improvement upon the constitution. Instead of holding their seats, as they now do, on a tenure that enables them fearlessly to stand between their fellow-sub- ject and any danger that may threaten them, either from an arbitary government on the one hand, or from a rash and un- wise popular body on the other, they would be fairly warned that, during the right yeans, they must so shape their course as to give no offence. When the period should come round, if by an honest dis- charge of their duty they shall have drawn upon themselves the denunciations of the Assembly, a weak governor will shrink from re-appointing them from timidity : if, by resisting sor.e unwise and injurious proposition of the Government, they shall have incurred his displeasure, an arbitary Governor would abandon them from resentment. During the whole period of eight years, they would be apt to keep their thoughts fixed upon its termination^ as the mem- I I '., '^ i ^ «. ' I'l 146 bers of the Assembly are charged with keeping the hustings in view ; but with this striking diiTerence, that when the period has arrived f(»r the popular candidate surrendering his trust, he has before him a fair and ope»; field for competition ; he can throw himself onenly and publicly upon the hoiiour, the sense of justice of his constituents; he can vindicate nis conduct to their face ; his actions arc to be judged of, not by one party in politics only, but by sll ; and he stands or falls by the esti- mate of thousands of his fcllovv-subjecls. But it would not be so with .the councillor of eight years pervice under this bill l-Iis fault, and his only fault, might be that by a firm, and manly, and conscientious discharge of his dutv he had made enemies of the ambitious, the vindictive; or the disloyal. It will be sufficient that a governor may imagine he can strengthen his influence by conceding to popular clamour the point of his exclusion from the council lie can bring his merit to no test: his vindication, if he were toofler it, might avail nothinnr. It would be onlv neccssa: v to say to him, " You arc not dismissed by me, the constitution dismisses you. I shall merely decline to re appoint you." A few such lessons might be reasonably expected to hold out a warnint; to others, tot, however, a warning that could be salutary in the eyes ol thoso who revere their constituiion and laA's, and can appre- wate 4he value of unbending integrity in public men. There would also be this further and striking disadvantage in such a system, — that it would throughout the pci-d of his service expose the legislative councillor to tlie itnputation and suspicion of acting upon unworthy motivcp, when in truth he might be voting in the strictest accordance wil!» his judgment. A great portion of mankind seem to be incnpablo of appre- ciating a disinterested course of conduct ; and by those who call themselves patriots; a loyal ntfachmer.t to :he Crown is usually attributed to any other cause than to an honest sense of duty. It would be always declared by such persons that the votes given in the legislative council in support o^. the Govern- ment were given under the fear of Huure exclusion from the House. How far thij^ would tend to raise the cbaractcr of that h hustings in the period bis trust, he on ; he can r, the sense conduct to me party in }y the esti- eight years It, might be large of his idiclive; or lay imagine lar clamour in bring liis er it, might him, " You ses vou. I uch lessons f; to otiiers, the eyes of can appre- 1. sadvantage j'T'd of his jtation and in truth he judgment. ; of appre- those who J Crown is ;sl sense of ns that the le Govern- i from the ctcr of that 147 branch of the Legislature, and to moderate the clamour of the discontented, there can be little difficulty in determining. There is yet another change proposed in the constitution of the council, which, though it may seem imnaterial, is not in ro- •^J^"*'* ^ ality undeserving of notice. It is, that the members of the Le- gislative Council shall have it in their power to resign ihcir seats. I do not consider liiis an improvement. In the progress of public aft'iirs there are c> itical moments when it is not exactly fair towards those whom a high sense of duty may keep at all hazards at their post, gisti'.icv'. with j) )\.ver given to them by law for imposing taxes of a limited and moderate amount, to be appli- ed to certain purposes whic!i are specified, and which do not by any means extend to the formation of rail-roads or canals. The laws of ihe province provide, also, for the administration No jrreater ' ' nHceMity ihr of various matters ol detail among the inhabitants of the several tlit'ni there ° }J«j'''>'^"8' townships, such OS regulating enclosures, the impounding of cattle, the performance ofstatute labour on the highways, &c., by empowering the people to elect officers annually, and, in some cases, to make rules upon these points. It has never, that I am aware of, been desired in England that, in addition to the constitutional authorities now existing, there should be several elective bodies, returned by gene: al suflTrage, each having power to do various matters which rest at present with Parliament exclusively, such as making rail- roads and canals, making, slopping up, or diverting highways, regulating the police, &c., including a power of imposing taxes (by each council respectively) over a fifth part of the kingdom, and unlimited in amount. im )f the bill irntion, be •e govern- powcr of [G districts s and rail- ch or Up- 1 be aito- ent within itrivance, as much ^0 United c country ihe m )del iisil)ilities, counties, 'V law for ' be appli- ed! do not or canals, nistration le several unding of Mys, &c., y, and, in England existing, y gene:al /hiidi rest king rail- lighways, ling taxes kingdom. 149 And as this, I believe, has never been required in England, 60 I assert with confidence that it has been as little thought of or desired in Upper Canada. I have lived in that province all mv life, and for the last ein;hteen years have been a member of its Legislature : I never heard the expediency of such a sys- tem suggested by any member of either house, by any party in politics, in the Assembly, or out of it, or by any number of the inhabitants, or by any individual. And I may venture, I think, to add, that the Government of this country has never been at any time requested by any public authority in Upper Canada, or by any part of its popu- lation, to establish such Councils among them, or anything of the same nature, or for the same purpose, and that no Governor of the province, since the day it had a constitution, has ever re- commended such a measure. So far from there having been any good reason given for supposing that such innovation would be acceptable in Upper Canada, it happens that an experiment was made a few years ago there, of placing considerable power in the hands of com- missioners to be elected by the people within each small sub-di- vision of territory, in respecl to roads and other matters, which in that province, as in England, had been usually managed through the local magistracy. But the measure gave almost universal dissatisfaction ; and after \ short experience of its eflects, the Legislature were petitioned to repeal the law, and the public were impatient till matters werr restored to their former footing. The feelings of the people of Upper Canada are not in fa- vour of these rash departures from the British constitution, and it ought to be satisfactory to their fellow-subjt: is in this country that they have no such craving. They have, really, no longing for the extension of the democratic principle! : hey are content with following the example of other coui ^les by introducing elective municipal bod.es into towns for regulating their internal affairs under proper restrictions ; but they are wise enough to de.ire that all the rest should be left to their Legislature and to their Government. u mi\ in ill) 'i I II i> ' 1, I P: '■'^■m (V; : ,1 150 It is true that in Lower Canada the Assembly, consisting chiefly of persons who had been accustomed to other laws and institutions, did not in the first instance concur in establishing such a system of local administration as, under the same f«;rm of constitution, was established in Upi)er Canada ; and their successors have hitherto failed to do so. The consequence is that there are not in that province any internal assessments as in Upper Canada, corresponding with the county rates in England, and serving for the repair of roads and bridges, the building and maintainig gaols, and various other local objects* These charges are all left to be defrayed from the general pro- vincial revenue, which has, without doubt, been a political error in the Assemblv. It is equally true that that body has shown but little enter- prise in applying the public revenue to objects of great and general importance ; audit seems to have occurred not, how- ever, I think, to any one in the colony, that, as a remedy for these evils, it would be a wise measure to create such elective councils as are proposed in this bill. If the idea were a happy one as regards Lower Canada, it docs net follow that it would be wise to apply the same system to Upper Canada, where no reason for it has ever existed; but I do not see the value of it, even as Lower Canada is concerned. If the Assemblv there has not done what was desirable in these matters hitherto, w hat has been the cause? We are told that the French Canadian members were, like their countrymen who returned them, full of narrow prejudices, and have for that reason failed in their duty. But the district councils are to be elected by the very people who are to elect iho mei ibers of the Assembly; and it is not easy to understand why their represeiitatives in the lesser body should be more worthy to be trusted than their represen- tatives in the greater. On the contrary, it is palpably clear that in those districts which would be chiefly French, the want of enterprise complained of might be expected to prevail ex- clusively and fatally in these elective goi ncils ; while the re- presentatives of the same districts in the Assembly would have ! consisting laws and tabllshing lame fnvm and their iqucnce is sessmcnts Y rates in idges, the \\ objects* neral pro- i political ttle entcr- jreat and not, how- medy for h elective e a happy t it would where no line of it, blv there :rto, w hat Canadian them, full i in their the very ly; and it the lesser represen- ibly clear , the want revail ex- ile the re- ould have 151 some possible chance of being overpowered there by the vote« of others more enlightened. It is proposed by the bill to divide the whole of Canada into five districts, within each of which one of these elective coun- cils is to be established, which will thus have legislative power in many very important particulars over a territory larger than a dozen English Counties. The objections to this scheme are, that, as applied in this objection*, way to the agricultural population, and throughout the whole land, such an institution has no precedent in the Brittsh domi- nions ; that the powers and duties of such councils could not fail to bring them most inconveniently into collision with the provincial legislature and the local magistracy ; — that the elections to these councils, which would be recurring annually throughout the whole colony, would keep the country in a per- petual state of agitation and excitement ; that they are wholly unnecessary for any purpose in Upper Canada ; — and if, from peculiar circumstances, something of the kind seems to be re- quisite in Lower Canada, it is plain that the institution of coun- cils, such as are proposed by this bill, would very imperfectly answer the object, and, in the purely French settlements, not at all. It is evident, also, that they would subject the people to great expense ; for I have little doubt that more would be spent in the charges consequent upon these councils than is now levied by assessmert upon the inhabitants for all local purposes put together — I speak here with reference to Upper Canada, where alone there are any such assessments. But a more decisive objection still is, that a power of legis- lation in such important matters as the making canals and rail-roads, and regulating the police of the whole country, could not, with any degree of prudence or propriety, be intrusted to the wisdom and disinterestedness of a single elective assembly. Without check from another body, which might be less liable 10 be influenced by temporary causes of excitement, and more ndependent of popular caprices, they would assuredly soon become anything but a blessing to the community. In the report made by Lord Durham to her Majesty, it is !• • I , I' ^ i '1i ■ ri rli V 'hi H! 2?^ ! .;- 152 represented, in some parts, and insinuated in others, that in both provinces the Lcgisiiture, or at least the Assembly, have made an intemperate, and even a corrupt, use of the powers which they have been permitted to exercise. In most instances, what has been thus stated in the report is capable of being very clearly disproved ; and, in justice to Lord Durham, it may tlierefore be presumed, that, if his report had been preceded by such an inquiry as is usually considered necessary to the at- tainment of truth, he could not have suffered himself to make the statements which he has done. Still, with the impression upon his mind that the Legislature had so acted, and that the Assembly were open to such dis- honest impulses, it is surprising that his Lordship could think it judicious to recommend, as he has done in his report, the conferring extensive powers of legislation upon a single elective body, to be returned by the same constituency, and to be left without such balances and checks as in all countries are con- sidered to be necessary for the protection of the public. Why his lordship should suppose that the same population which, according to liis report, had been for years electing knaves to the Assembly, should elect honest men to these coun- cils it is not easy to comprehend. The fox in the fable objected to having the swarm of flies driven away that were filling themselves with his blood, be- cause he apprehended that a new swarm would succeed to them, which being active and empty, would soon take from him the little he had left. This bill, with less consideration for the people, would introduce a second swarm to prey (as the report would jiave us to apprehend) upon the life-blood of the common- wealth, without driving away the first. It is generally difficult to predict with certainty what recep- tion a political measure will meet with from the public in the first instance ; but I have that opinion of the intelligent portion of the British population in Lower Canada, that I do not imagine this part of the bill establishing district councils can find any favour with them, notwithstanding the peculiar disad- vantages under which they have undoubtedly laboured. I -r . I, that in ly, have powers stances, of being 1, it may )receded o tlie at- o make ;iflature ;uch dis- ild think port, the elective be left are con- 3. pulation electing ise coun- of flies lood, be- cceed to "rom hinn 1 for the e report ;ommon- it recep- ic in the t portion [ do not icils can ir disad- jred. I 153 believe they would very generally regard the renjody as being much worse than the disease. It would, I confess, perfectly astonish me to find that it is approved of by any party in Upper Canada, be their general poljtiral opinions what tlioy may. They will hardly, I think, find it possible to reconcile themselves to the singular experi- ment of having a half legislature, in addition to their whole one — both having power to tax them to an unlimited amount, for precisely the same objects, — and the one having authority to stop up or divert the canals and rail-roads which the other has constructed. They will not fail, I should think, to ask them- selves, if the engrafting such a device upon the British consti- tution is likely to be an improvement, why the experiment has not been made in England, and why this island, besides having its parliament, has not also its five elective councils — each having legislative authority over a uumber of counties, and all being employed simultaneously wiih the Parliament in taxing the people, and constructing rail-roads and canals throughout the kingdom ? It may seem to some persons that any objections against intrusting the power of legislation in important matters to a sing'e elective body must apply equally to the special coun- cil which now makes laws fur Lower Canada. But it must be remembered, that the members of that council are appointed by the Crown, and, therefoio, though there may possibly be here and there an accidental exception, they are sure to be, in general men of integrity and of sound understanding, as well as respectable in point of talent and property-. They are, be- sides, under no necessity of resorting to unworthy arts for obtaining their seats, nor will they, in order to continue in them, be under any temptation to promote injurious excitementi and to keep up popular delusions. Another material change which this bill would make in the coustitution of the Canadas, and it is the last which I shall 5osed"to^*be remark upon, is one that may appear unimportant to some Cgisiamri persons, but not to any whose judgment and experience enable them to estimate its possible consequences. 1 allude to those i' I Im! Additionnl !!( i h ;rh iflii I :' I ;•'• ^ !. ■ I I i: m pi;' It" m-, 154 provisions iu the bill which would empower the new Colonihl Legislature to pass laws respecting their prorogation and dis- solution, limiting thereby a prerogative of the Crown, which has been always acknowledged in Canada and the other colo- nics as freely as in Enghind. An example for an alteration of this kind may be found in the constitution of the American republic, as well as for many other innovations which would be altogether unsuitable to a monarchy. There, I think, the session of Congress must terminate in some years, on a certain day of a certain month, whether the public business be finished or not ; and in other years the Congress may, and must be allowed to sit, not as long as the executive chooses, but as long as the Congress itself chooses. I doubt whether all Americans would agree in pronouncing this to be an advantage ; and at any rate most persons not Americans who had observed the closinir scenes of Congress, particularly within the last two or three years, would be apt, I think, to form rather a strong opinion to the contrary. In England, and throughout the British dominions, the Legislature, as much as any other department of the state, forms a part of the Government, of which the King is the acknowledged head. The King calls them together because he requires their advice and assistance in the discharge of his duty as the head of the nation ; and it is in accordance with this principle that he should have a control over the duration of the session. This applies merely to the qmesi'um of proi^on^ation. The prerogative of the Crown, as it applies to the dissolution of the representative branch is of greater importance. At present it is unrestained ; but as this bill would expressly give power to the Colonial Legislature to pass laws upon that point, it must follow that it is contemplated as fit that the preroga- tive of dissolution should not continue in the Crown as un- limited as it now does. But this prerogative of the Crown is part of the law and constitution of Parliament, as ancient and as well defined tv Colonial n and dis- wn, which Jther colo- be found veil as for unsuitable ress must in month, id in other ;it, not as Congress )uld agree rate most in. ItU 156 the Government to meet the dangers of the time ; laws which the Ministers of the Crown have approved of and eonfirmed, «nd without whi(;h the guilty might have escaped punishment and the loyal would not have been adequately protected. It seems almost as needless to inquire whether it can possi- bly be the opinion of tlio Pailiamont, or of the people of England, that a remedy ought not to remain in the power of the Sovereign and his representative, of which the advantage, or rather the necessity, hiis been so signally demonstrated, and which, while it is thought fit to he retained in l^nglnnd, must appear to he at least as necessary for pu)lecting the public Ulterests in a rcrruiti' posscssinn of the (^rown. The Biiris'i St itiit(», 31 Geo. 111., eh. 31. expressly confers the prer( g;.iivc in qncsnon upon the governors of the respec- tive prcvliii'is, ;ui.l it was made an article of the constitution over which no power wa.s given to the Colonial liOgislature. That statute was framed in a wise spirit of adherence to the well establislied prinripies of British government. It discovers no distrust of the sufficiency of British institutions for protect- ing the liberties and promoting the happiness of the people. I know not what deviation from it is likely to be found an im- provement. The people of Upper Canada, if left iB them- selves, I am persuaded, would desire to retain it as it stands ; and certainly one of the last innovations that should be ad- mitted is that proposition which I have just now discussed. vHr 157 ■f aws which confirmed, punishment jctcd. can possi- people of •wer of the antnge, or rated, and Innd, must the public ily confers lie respec- ;()iistitiUion Ijislnture. once to tlie t discovers or protect- pcople. I nd an im- te them- it stands ; jjd be ad- jussed. CHAPTER III. REMA.RKS LPON THE DISTAILS OF THB BILL. Having thus pointed out the principal changes which the bill would introduce into the constitution of the Canadas, and having discussed their expediency, I proceed, as I have pro- posed, to e annine how far the bill is judiciously framed for accomplishing its objects, supposing, for a moment, that these were such as it would be wise for Parliament to sanction. For this purpose the most natural and easy method will be to take the bill in the order of its clauses. 1st Clause. — It would appear at first sight to be the inten- ^^ ^j^^ lion of the framers of this bill, from their proposing to repeal '"•"^""A®* the statute 1 and 2 William IV"., c 23, that the right of appropriating the duties levied under the British statute 14 Geo. lll.,c. 88, should revert to the Grown ; but this, I believe is not meant. No allusion to such a change is made in the preamble, although it would certainly be a very important fihange, whether judicious or not, and I suppose it, therefore, to be intended that the series of clauses respecting finance, beginning with clause 50, should have the effect virtually of giving the appropriation of these duties to the Legislature, if any surplus should remain from that fund over the amount of the permanent civil-list, which the arbitrators are to settle. If this be intended, it should, I think, be more plainly ex- pressed and not left to any doubtful construction, or in other words, to the presumed legal effect of the apparent repugnance between the 14th Geo, III., c. 88, and the clauses which have been referred to. And besides, if it be meant that the duties levied under 14 Geo. III., c. 88, shall stand on the same footing as to appropriation with the duties levied under legis- lative acts of either province, as they would seem to d6 ty their being all thrown into one consolidated fund, then the )!, Ill 1{ M I Jill '(' i •lit ! L - i 158 h . Annexation nlGasi oand Magdalen li lands toNcw Bruniwick necessity is not apparent for repealing the statute 1 and 2 Wil- liam IV.. c. 23. I doubt whether the repeal which would be effected by this clause has been in other respects carefully considered. If the statute 3 Geo. IV., c 119, be examined, it will be found that there are other portions of it besides that men- tioned in this clause, which should also be repealed, if the two provinces were to be united ; and I rather think that tho period for another arbitration and division of duties under that statute will come round before the repeal intended by this clause would take effect : which circumstance, and the effect of it, require to be considered. 2nd Clause begins with a recital which applies only to the Magdalen Islands, and concludes with an enactment which extends to a much larger and more important territory, namely, the district and county of Gaspe. As it is an important change for the inhabitants of a country to place them under a new government and jurisdiction, it would seem proper that the motives for detatching them from Lower Canada, which I be- lieve to be reasonable and sufficient, should be stated ia the Act. But in this clause it is merely recited that the coasts of Labrador, with the islands of Anlicosti and Madelaine, " had been made part of the province of Quebec during his late Majesty^ s pleasure" 'w\i\('\\ constitutes no reason for passing an act annexing the islands of Madelaine and the district of Gaspe to the province of New Brunswick ; neither does the allusion to these territories, in the general preamble of the bill, state any ground upon which the change is thought to be expedient. But there appears to be an omission in this part of the bill of a more important kind. The merely providing "that these territories shall form part of the Province and Government of New Brunswick," can hardly be sufficient. To say nothing of the islands of Madelaine, the district of Gaspe is a large circle of territory containing many inhabitants, and when these are proposed to be taken from the province to which they now belong, and annexed to another, care should be taken to make 159 ind 2 Wil- ted by this ed. it will be that men- led, if the ik that the under that led by this I the effect Dnly to the lent which ry, namely, tant change »der a new er that the which I bc- ated in the he coasts of lainey " had ng his late r passing an ' district of er does the mble of the Dught to be t of the bill \ "that these /ernment of ly nothing of large circle en these are :h they now len to make such provision as would ensure the due admisnistration of jus- tice among them, and their fair participation in the institutions of the country to which they are to be attached. It is true that the legislature of New Brunswick could pass the neces- sary euaclm"-.nts for these purposes before the 1st of January, 1842, when this Act would take effect ; but it is not certain that they would do so. Differences of opinion among the several branches of the Icgislaiure might occasion delay, and their measures might not meet with the sanction of Her Ma- jesty and the Privy Council. The risk of this inconvenience could only be justified by a necessity which, in this instance, does not seem to exist. Until t!ie new territories should bo made to form part of some county in New Brunswick, they would not be represented in the Assembly, under the laws ex- isting in that province, and, what is more urgent, the jurisdic- tion of the ordinary civil and criminal courts would not, as I apprehend, embrace them. It would, therefore, seem better that the Act should contain on the face of it such a provision as would not leave the administration of justice and all civil riorhts in abevance — in other words, the bill should have made the added territory parts of some county of New Brunswick. I am not aware what may be the particular reasons for at- tachincr the Magdalen Islands to the province of New Bruns- wick, rather than to Prince Edward's Island, or to Nova Scotia, by incorporating them with Cape Breton ; either of which ar- rangements would seem to be more covenient, looking only at relative position, ^rd Clausf, — I do not see why the name of the proposed niviiionof province of Canada should be incuiribered wiih the word SfJu^u^"*** *'Unitod" If that part of the Statute 31 Geo. III. c, 31, which regards the separation of the provinces, is to be repealed, Ca- nada then stands, as it stood before, one province ; and why should it not be called simply '* The Province of Canada ?" — The eflfect of this bill would not be, as in the case of Ireland, to unite one distinct country with another in some of the ar- rangements of government merely, leaving them distinct as to ^ ', |i'!| ■J I'. .n! li 1 \;'4 i-V i:i ■ i-if-f'S I" '■n it.-]' 160 other purposes, and by no means putting an end to their indi- viduality. It makes the whole actually one country. NtBJiioftije 4 i.. ' f ( tfl> U'-i h::iir M 164 The twenty districts now existing cover a space not less than the eio;hlv-five counties into which Great Britain is divided for purposes exactly similar ; and vi^hen the state of roads, and of acconnmodation of all kinds, in the two countries is conn pared, it cannot be believed for a monment that the people of Upper Canada can be content with a measure which would substitute two or three districts for tlie twenty which they now have. The incovenience, when it is stated, is so obvious, that it seems reasonable to conclude, either that it has escaped due consideration, or that it is not the intention of the bill (upon which point I am doubtful) to supersede the existing division of the provinces into districts. If the la«ter supposition be the correct one, then I think the intention should have been made plain, by adverting in the bill to the present nrrangemout of districts, and by enacting that "the province of Canada should, for the purposes expressed in the act, be divided into five dis- tricts ;" but that, for all other purposes, the existing division into districts should continue as heretofore. The bill might then have provided, as it now docs, for the vesting in the dis- trict council the power to rcgnlnte certain matters which have hitherto rested ^^'ith the jusiices in session; and ihen it might have declared that thenceforward no .'•uch power or authority should be exercised by the justices, or in any other manner than as provided in the act ; but that, in other respects, and for all other purposes, the powers and authority of the justices, and other public oiHcers within the several districts, should continue as before the passing of the act, until otherwise pro- vided by the Legislature. I do not mean to say that the institution of district councils, for the purpose and with the powers contemplated by this bill, could have been provided for in any form of words that would have made it in my judgment an advisable measure, so far as it would apply to Upper Canada, to whicli province my r^arks are confined. On the contrary, I think the whole project unfit to be adopt- ed ; and I believe that it must appear such to the inhabitants of Upper Canada on the first consideration of the bill. Thnt )t less than divided for roads, and compared, I of Upper [ substitute jv have. )us, that it scaped due i bill (upon division of Lion be the boon made irremcnt of ada should, to five dis- ing division bill might in the dis- which have en it might )r authority ler manner spects, and he justices, icts, should 3 r wise pro- ct councils, ted by this words that measure, so rovince my to be adopt- inhabitants bill. Thnt 165 experience would show it to be so I have not the least doubt, and my reasons fur that opinion have been stated in another part of this paper. 5th Clause. — This is a very important clause ; for upon the Repmenur operation of this provision it depends whether those who are Aasmbir. favourable to the measure of uniting the provinces would be likely to see those advantages realised which they have been led to expect from it. They have always avowedly promised themselves such a measure as would in its operation secure a decided prepon- derance of British interests and feelings in the Legislature. It is this clause which lays the foundation of the new constitu- tion, so far as this result is concerned. The plan proposed ia, that, immediately after the act passes, five arbitrators shall bo appointed, or rather four arbitrators and an umpire, two of the former to be choosen by the now existing legislature of each province, and the umpire to be named by those four.— ■ These arbitrators are to parcel out the united province into five districts, each of which districts it is enacted by subse- quent clauses shall be subdivided by the same arbitrators into nine electoral divisions ; making in all forty-five electoral di- visions ; from each one of which two members are to bo elected to serve in the Assembly. To these are to be added two members for each of the towns of Quebec, Montreal, Kingston, and Toronto; so that, in the first instance, the As- sembly will consist of ninety-eight members. By giving to the arbitrators the power of creating the eleo toral divisions, and assigning to them their boundaries, the bill leaves it to depend on their discretion how the Assembly shall in the first instance, at least be composed — except that it places the following restrictions upon them in the exercise of their discretion, viz : — First. — That they shall so form their districts as to mako the number of electoral divisions in the province of Lower Canada as nearly as may be equal to the number of such electoral divisions in the province of Upper Canada. — (5th clause.) ,;■ U '„■}. 'i ;«■ •II 'HI •i ;.(! 1 ! ■j ( ■' I' j t i n ; ■ u 1 i < < 1: f- * 166 Secondly. — That, in forming the electoral divisions, regard shall be had, so far as is practicable, to the general principles established by the statute which now regulates the number of representatives in Upper Canada, so far as the same determine or relate to the proportions to be observed between the number of the representatives for each of the counties therein men- tioned, and the extent of the population and territory compris- ed in every such county. — (7th clause.) Thirdly. — That the determination of the arbitrators shal not be binding and conclusive until it has received the sanction of Her Majesty in Council, which sanction cannot be given to it until thirty days after it has been laid before both Houses of Parliament. (See 65th clause, which appears to extend to this and to every other matter referred by the act to arbitrators.) We must consider, then, what prospect this method of ser. tling the representation aflbrds of a satisfactory result. — First, as regards the proceeding by arbitration ; and, second- ly, as it respects the restrictions under which the arbitrators are placed. Upon the first point, it seems to me that the method of pro- ceeding by arbitration is obviously liable to very great objec- tions. It is either hoped- and intended that the measure of crea- ting one legislature for the whole of Canada shall result in giving to the friends of British connexion a decided preponder- ance over the French Canadians, or that is not the hope and intention. Upon the latter supposition, I believe few who are now so earnestly promoting the union would be found among its ad- vocates ; nor do I suppose that it would be the desire of Par- liannent or of the Government to accomplish it. Assuming then that the Government of the mother country has this result in view, and that it is, as I believe it to be, the main inducement to the measure, then surely it must be wise and prudent to propose such an enactment as should with the greatest certainty attain the object, and attain it by means the least invidious or exceptionable. !, regard principles lumber of letermiiio e number ein men- corn pris- tors shal 3 sanction 3 given to Houses of ?nd to tliis titrators.) lod of set. result. — id, second- arbitrator s od of pro- eat objec- re of crea- 1 result in preponder- j hope and re now so :)ng its ad- re of Par- er country ; to be, the ast be wise Id with the means the 167 The Government knows what population Lower Canada con- tains, and tliey know also the population of Upper Canada. The extent of the several counties in both provinces ; the manner in which the population is distributed among them ; how that population is at present composed ; in what propor- tions the representation is distributed ; upon what principles and by what laws it is regulated ; — all these circumstances are well kno'Vn to the Government. They know also, or they have the means of knowing, in what comparative ratio the popula- tion and trade of each province have increased; and what cal- culation it is reasonable to make in respect to the future, con- sidering the climate, extent, position, and natural advantages of the respective countries. Upon these points ample means of information are in pos- session of the Government, in the journals of the Legislature and the documents appended to them, in statistical accounts pub- lished from time to time in each province, in the works of in- telligent travellers, and compilers, and in the official reports procured at considerable expense from a succession of commis- sioners employed by the Government, namely, of Mr. Richards, Colonel Cockburn, Lord Gosford and his colleagues, and Lord Durham. If, in addition to the information supplied from these sources, some further facts require to be ascertained, all means of inqui- ry both in England and the colonies are open ; and I know no good ground for supposing that the materials for making a just apportionment of the representation are not perfectly attain- able by the Government as well as by arbitrators to be appoint- ed under the act. If the electoral divisions are to be formed without reference to distinction of races, or to political character and conduct, upon estimates based only on a combined view of population, and extent and value of property, the Government and Parlia- ment, I conceive, must have ample means of constructing a just scale. If, on the other hand, political events and prospects are to be takeu into account,then surely these are considerations with which the Government and Parliament of this country ii I'll: X\ ' I ' 'Hi ill *:ii i)'^ 3 ■'i^ 1 .((,!■ 168 are qualified and entitled to deal ; and, whether we regard what has passed, or look to the present or the future, it is in those quarters certainly that such considerations would be most pro- perly and safely disposed of. Then why devolve upon arbitrators a discretionary power of this kind, upon the right exercise of which it is certain that everything must depend ? Why does Parliament interfere, but for the very purpose of securing to the loyal iijliabitants of these provinces, and of the other British colonies in America, whoso safety is obviously bound up in the future fortunes of the Canadas, the continuance of their connexion with England, and the peaceful enjoyment of their lives and properties, arfd for the further purpose of guarding the integrity of the empire from a recurrence of such dangers as have lately threatened it ? And why is the constitution of Lower Canada at this moment suspended, but from the necessity of consulting this protection and security ? Is it then wise, under such circumstances, to incur the risk of failure through the want of judgment, firmness, or integrity in others, when the object is one of such absolute necessity, and is at the same time one which the Government and Parliament, taking the responsibility upon themselves, can by direct and conclusive measures place beyond the reach of doubt. Besides the uncertainty of attaining a satisfactory result through an arbitration, it is prudent to consider that this me- thod of proceeding, if it is to answer the desired object, will be beyond measure the most invidous course, and such as must be attended with much greater difficulty than the other. The French population in Lower Canada are reckoned at 460,000, and the British inhabitants of that province have complained o( them as being violently hostile to the Crown and to their British fellow subjects ; and it cannot be denied that they have recently found them enemies, and have had to en- counter them as such. The population of Upper Canada, it is probable, entertain generally the same conviction, with regard to the hostile feeling of the French Canadians ; and I believe that among them, as well as among the British inhabit- 169 ard what i in thoso most pro- power of tain that interfere, itiabitants America, nes of the England, >roperties, itv of the ve lately iT Canada consulting 1 1 ir the risk r integrity ;ssitv, and arliament, lirect and ►t. ory result this me- et, will be as must )ther. ckoned at ince have >own and enied that had to en- Canada, it tion, with ns ; and I h inhablt- a ants of Lower Canada, there i.s 'a strong iinpreasiun that thi^ enmity which they deplore is deeply seated, and is not likely to be transient. I venture for my own part to take a less un- favourable and discouraging view of the character of the French Canadians, making a great allowance (possibly too great) for the extraordinary efforts used to mislead them, and for the effect given to those efforts through a long series of years by a policy on the part of the Home Government kindly meant, but evidently injudicious, and persevered in, unfortu- nately, after it had become manifest to all persons' in the colo- nies that it must lead to dangerous results. It signifies little however, what any individual may venture to hope or believe in this respect, for, even if the Government and Parliament of this country should take, for the time, this more agreeable view of the subject, they could scarcely ven- ture, aftor all that has occurred, to act upon it in disregard of the prevailing impression in the provinces, and especially since Lord Durham, in his capacity of High Commissioner* after inquiry and observation on the spot, has supported the most unfavourable and hopeless view of the disposition of the French Canadians, so fully and strongly, and in language so positive and emphatic, that one can scarcely read it without feeling a secret hope that a picture so darkly shaded might, without doing violence to truth, have been made less gloomy. Under the circumstances as they exist, I do not believe that Parliament, while entertaining the present bill, would will- ingly contemplate as the probable effect of it that it would expose the interests and safety of Briiish subjects in these colonies, and the peace of the empire, to the danger which they must incur if a legislature should be constituted for Canada in which the representatives of these 450,000 French would either have the ascendancy, or be so nearly equal in number to the others as to enable them to keep up an obsti- nate contest which should make the issue of every important public question in a manner doubtful, or that, by combining, fiB in their present temper they certainly would, with whatever !l'i' li ill it; II 't. "hi; --i ion 170 other purtion of the Assembly they might find ready from dif- ferent motives to embarrass and obstruct the government, they might at any time pervert the free institutions bestowed upon them to purposes destructive of the public welfare. I bolieve that all who, either in this country or in Canada, have been urging the measure" of an union, (of which number I never have been one,) have thought of it only in connexion with such a policy as should disable the French Canadians from bringing ruin upon both provinces ; and they have taken it for granted that care would be taken to ensure this by the details of ny act that should be passed, objectiona Now, how Is it proposcd to establish this security ? Not by ied'arbiua^' ^^® Ect of the supreme executive government, emanating from an authority which all must respect ; not by the deliberate exercise of a power still higher, namely, that of the Imperial Parliament ; but by the determination of five individuals in- vested with the authority of arbitrators. The two arbitrators who are to act on the part of Lower Canada are to be appointed by t' 'special council now exist- ing in that province; that eouncil, it need hardly be said, has not been so lOwStituted that it can be supposed to represent the desires, feelings, or opinions of the 450,000 French Cana- dians. It would have been absurd and improper if under the circumstances it had been so composed. The two arbitrators named by them, therefore, can never be regarded by the French Canadians as their delegates. Then, as to the other two to be appointed by Upper Canada, it will be understood, and it will be naturally expected of thenif that they will endeavovr to obtain for their portion of the territory as large a representation as they possibly can. It will seem manifest, therefore, to the French Canadians that, under the appearance of an equitable adjustment of op- posing pretensions, through the intervention of arbitrators, a commission has been constituted, of which the one half must be expected to urge the case against them as strongly as they can, while the othei- half, who, upon the ordinary principles of arbitration would be persons selected to oppose these, would 171 r from clif- iment, they owed upon in Canada, z\\ number connexion Canadians have taken his by the ' ? Not by lating from deliberate le ImDcrial ividuals in- of Lower now exist- je said, has o represent inch Cana- under the an never be es. )er Canada, expected of portion of ibly can. Canadians Tient of op- bitrators, a B half must ^ly as they >;inciples of icsc, would be certain tu bo persons h:\viug the same views, opinioiis, and feelings, and even more intent (as they might naturally appre- hend) upon arriving at the same result. Under such cirtaim- stances they would not look upon the choice of the umpire as a matter of much consequence, so far as they were concerned ; for they would expect iiim to be, without doubt, a person of the same description and opinions. The suspicious and jealous feelings of the great mass of French Canadians would be pow- m erfully excited and called into active exercise from the moment ot the arbitrators being appointed, and during the whole course of their proceeding. And if the determination of the arbitra- tors should be unfavourable to the claim which they would found upon their numerical proportion, far from being recon- ciled to the arrangement because it came in the shape of an award, they would regard it with aggravated feelings, as the result of an unequal and unfair contrivance ; and they would inveigh against it as the partial decision of hostile or corrupt judges. And it is to be considered that this discontent would be accumulating during the whole period of suspense from the passing of the act till the year 1S42, when the new constitu- tion would begin to come into action. How the new constitu. tion could begin its working under less auspicious circum- stances it is difficult to conceive : for, assuredly, it would not fail to be urged that the arbitrators could have no authority to act upon other principles than such as were admitted to have place in the decisions of legal or equitable tribunals ; — that they were not at liberty to draw distinctions between different classes of British subjects, postponing one portion to another upon their ideas of political necessity or of comparative merit. It would be contended that, not only does the stntute give them no such power, but that its provisions afford express in- dications of a contrary spirit, by directing that the arbitrators should make the number of electoral divisions in each province as nearly equal as possible. And as the award of the arbi- trators would, by the 65th clause, appear to be subject to the confirmation of her Majesty and the Privy Council, a strong T'i l» !'■■ 1i % \l. 1 i] . 1 1 1 1 ; I'i^ If I n 11 = I 172 Appeal would probably be made against the decision, as hav- ing been formed upon principles which it was beyond the scopo of their authority to entertain. The responsibility as to this part of the measure would thus be thrown at last upon the Government ; and, if the arrangement that had been made should be approved of, it wonid be found, on several accounts, more difficult to sustain it as the decree of a tribunal partaking of a judicial character, than to establish it in the first in- stance as a political arrangement made by the supreme au- thority of Parliament. VVith regard to the restrictions which the act imposes upon the .'U'bi Ira tors, in addition to what has been already said upon them, I shall only remark shortly : — 1st. — That the direction contained in the 5th clause, namely, that the number of electoral divisions shall be as nearly as possible cqnal in the two provinces, seems not easy to be vindicated upon any ground. It enforces a principle which, if it should be carried throuf^h, would not lead to a satisfactory result ; and if the arbitrators should deviate from it, though not very considerably, and for the best reasons, a question might at once be raised whether their award must not be treated as wholly invalid on account of its being repugnant to the statute from which their authority had been derived. For nothing can be clearer than that it would be in the power of the arbi- trators to equalise the numbers (within one at least,) if they were inclmed to do it, and the statute would, therefore, bind them to that course. The second limitation of the arbitrators' discretion contained in the 7lh clause, if I understand it correctly, could not aflfect the proportion as between the two provinces, but merely has respect to the just distribution within Upper Canada of her share in the representation. The third limitation, namely, that provided by the 65th clause, that the determination of the arbitrators is to have no force unless it receives the approbation of Her Majesty and the Privy Council, would be found, I think to lead to several incon- venienoei. 173 in, M hav- the scopo as to this upon the een mado accounts, partaking 5 first in- )reme au- oses upon said upon th clause, ill be as not easy to iple which, atis factory it, though jtion might treated as the statute or nothing the arbi- t,) if they efore, bind contained not affect ncrely has ida of her / the 65th to have no sty and the eral incon- It might occasion considerable delay at a critical momcnf, and under embarrassing circumstances. It is most probable that any nrrnngemcnt of the arbitrators which would satisfy one party in the provinces would be far from satisfactory to the other, and it would be claimed, as a reasonable consequence of this provision, that the dissatisfied party should be admitted to impeach tlie award ber»)rc the Privy Council, and should for that purj)Ose be heard by counsel. However cqintabio liiis may be, it wouM be found to lead to very undesirable results. It is for the Sialc, as I conceive, noting openly and avowedly upon jast political considerations, to deal with the present condition of Canada ; and it may be assumed that it would not be found easy to sustain, before a tribunal acting ordinarily in conformity to established prin- ciples of law or equity, such an arrangement of the repre- sentation of the provinces of Canada as those persons unques- tionably expect who are pressing, too rashly 1 fear, the mea- sure of the union. Then, again, according to this bill, the Privy Council could not give their sanction to the award of the arbitrators until thirty days after it had been laid before both Houses of Parlia- ment. Besides the increased risk of delay which this would occasion, it is to be considered tha} although the Government might approve of the arrangement, yet, if cither House of Parlian-'ont should object, there would be difficulty in confirm- ing it. If both Houses should ohject, it would seem hardly possible tc rJlow it. If one should expressly approve, and the other disapprove, the case would be perplexing. And, al- thousfh, as thi? bill is framfd. the Government might confirm the act of the nrbitiators, against the opinion of either, or even of both Houses of Parliament, yet it must be admitted that in such a case the new constitution would begin its operation under very unfavourable circumstances. Wherever it is made mandatory by statute to lay any colo- nial act or proceeding before both Houses of Parliament, before it can be confirmed by the Crown, it would seem to be reason- able that the opinion of both, and perhaps of either House of ! l: itii, ( t partially, valid, unless the arbitra- manner dis- crcising that Is of this bill a I inn is ine- , they would ing able to ght be sop- ould hardly 3dings consi- dlcss discus- ny thing defi- the course it right to ators, there proceeding le the consi- eir award sn power over e of making 175 up their decision ; and the bill makes no provision, I tlrtnk, for a second reference. Clause 6^/i.— Granting, for the moment, that this institution of elective district councils for the purposes mentioned is an expedient measure, it seems imprudent to blend it, as the bill does, with the larger and more important measure of the or- ganization of the province, with a view to representation in the Assembly. Reasons might apply in the ane case to influencQ the division of territory, which would not apply in the other. Clause 8th — This clause would throw open to legislation in the colony the whole matter of the number of representa- tives in the Assembly, and the manner in which the represent- ation should be distributed throughout the province"; with this precaution, however, that any biii which the Legislature might pass must lie for thirty days before both Houses of Parliament before it could be assented to ; but omitting, as in clause 5th, to declare what shall be the effect of either of both Houses of Parliament addressing her Majesty against the measure. It would be more satisfactory, 1 think, to all who desire to see things placed on a firm and secure basis in the colony, and who wish for the return of tranquillity, if the arrange- ments in this respect, which it is evident would form the foun- dation of the whole measure, could bo now finally made; or at least so far finall\% that no legislation on the subject could originate in the colony. There would otherwise be little pro- spect, I think, of peace or security. Clause i}l/i. — The expression in this clause, " or by any other Act of Parliament^* will not, according to the common understanding of the words, extend to colonial statutes, but there are very many of these which require certain acts to be done by the "Governor of either province respectively, by and with the advice of his Executive Council," and for the future performance of which acts it would be equally necessary that this bill should provide. Clauses 11, 12, 13, 14 relate to the constitution of the Le- gislative Council, which it is proposed by this bill to construct counoa '^ U|"K)n principles in ioveral respects new. The expediency of I !' '\ t i lili^i- i' i/f i. «li \m< hi'!'*: , 1 ; 1 > 1 ■■■ i 1 f, . : lii ■;i '» 176 Ihcso changes, which form one of the principal features of tho bill, have been considered in another part of this paper ; and I will only rennark here, ^hat the provision in the Mih clause, "or shall compound with his creditors," would require, 1 think, some consideration. Olher circumstances, besides, in- ability to pay, and in the absence of any fraudulent intention, might lead to a composition of this kind ; and at any rate a debtor paying what his creditors voluntarily agree to receive stands in a fairer situation as to character than a person con« victed of fraud, perjury, conspirticy and various olher misde- meanors which would not, under this bill, vacate the seat. In this case, as in others, there may he many rensons for not ap- pointing in the first instance, which it would be harsh to urge as grounds of lorP'iture. Clause I5th. — In Upper Canada, at present, a greater num- ber is now necessary, by a regulation of the Legislative Coun- cil, to form a quorum capable of acting, namely, — six, besides the Speaker. I apprehend that Parliament might well leave the quorum to stand as low as the Couocil might themselves choose to place it, and that they need not, in that respect, in- terfere ; for it would obviously be the inclination of any such body to keep such rules in force as would secure to all (so far as it can reasonal'y be done) an opportunity of bearing their share in the deliberations and proceedings of the House, and to prevent absent members from being taken by surprise. It is on the other side, which this clause would leave unguarded, that the danger lies, namely> the danger that the House might, by their rule, make the quorum unnecessarily large — the con- sequence of whirls would be that it would always be in the power of a part, and sometimes of a small proportion, of the members vexatiously to obstruct proceedings, by absenting themselves when matters do not go as ihey wish. In Upper (>anada this expedient was, at an early day, re- sorted to by the Assembly, and in Lower Canada more than once. The part of this bill which relates to the Assembly seems to have been framed with a recollection of this circum- stance ; and if Parliament phould make any regulation re^ I i- I 3 177 ures of tho a per ; and .4th clause, require, I besides, in- L intention, any rate a to receive )erson con- tiier misde- e seat. In for not ap- rsh to uige neater num- alive Conn- •six, besides . well leave themselves respect, in- )f any such > ail (so far taring their Duse, and '- frise. It is unguarded, )use might; :* — the con- s be in the lion, of the ' absenting ly day, re- in ore than Assembly his circum- ■ulatioD re' specling the quorum iu the Council, which seems scarce!/ necessary, it should be for the purpose of preventing a possible evil, such as I have stated, and not in order to keep up the quorum, about which there is no danger. Clause IQth. — I do not sec whv the term '• President''' should be substituted for " Specifier " The latter is the cor- rect English designation for this officer in the upper brarch of the Legislature as well as in the other. It was adopted by Parliiiment in the statute »J1 Geo. III., c. 31 (I2lh clause,) and has been always used in Canada : I see no advantage in the change. It certainly cannot be an advantage to destroy unnecessarily any point of resemblance, even in form or name, between the representative constitution in the colonics and in the mother country. Clause 17///. — The same remark applies to the provision in this claLsc. In the House of Lords in England, the Speaker, being a member, votes with other members upon every ques- tion. It is proposed by tin's bill lliat he should liave no vote, except where the other votes shall be equally divided. In England the Speaker of the House of liOrds has no casting vote in addition to his otiier vote ; and, therefore, aUhougl' there are many cases where such double vote has beer) conferred on a presiding officer (as in the East India Company's Cliartcr, for instance,) it may be thought more rea- sonable and just to perfect the resemblance with the constitu- tion of the mother country, by allowing no double vote to the Speaker of the Legislative Council. In Lower Canada, I bciiove, such double vote has been given in two or three instances in the Legislative Council, upon the ground that the 31 Geo. III., conferred the right. In Upper Canada the right has been asserted, and perhaps exercised, but not, so far as I know, within tho last fifteen or twenty years. Clausp \Hlh. — Instead of every assembly thereof oMer than the first (near the end of the clause,) the words should be " every assembly after the first," ^q. ii ran : );■ 'i:: : .1 ! 1 Power of the L«gl«lature. 178 Clause Idth gives, by implicntion, to the proposed legisla- ture authority to pass acts limiting the power of the governor to prorogue or dissolve the Assembly ; but these arc material points in the constitution, which should, as I conceive, be only subject to regulation by Parliament. In another respect, also, the clause would require to be reconsidered. It enacts that the laws now in force in Upper Canada, respecting the qualifica- tion of members to be elected to the Assembly, shall be applied with respect to the new Assembly until other provision shall be made by law. But, as there are no assessment-rolls in Lower Canada, and no registry-laws, unless some ordinance for that purpose has been very recently passed, I apprehend it will be found, on looking into the matter, that this provision could not be conveniently carried into effect as applied to elections in what now forms the province of Low r Canada. Clause 20t/i. — This seems to be liable, in two or three im- portant particulars, to the same objection of vesting, at least by implication, in the Colonial Legislature, a right to legislate on points which ought, for the common good, to be finally and firmly established, or, at all events, to be subject only to regu- lation by Parliament. This clause seems to contemplate but one division into districts ; namely, that proposed by this bill. Upon this I have -emarked already. I see no provision here, or in any other part of the bill, for trying contested elections in the first session of the Legislature; but it appears to mc that something on this head would be proper for obvious reasons, under existing circumstances, al- though the 31 Geo. III. contained no such provision. There seems also to be an omission of any provision for the executing writs of election for the four towns which are ex- cepted out of the five districts, and could not therefore come within anv of the electoral divisions. There is an obscurity, I think, in the last sentence of this clause ; I do not clearly gather its meaning. As there would be two members to be chosen for each division, each voter, I suppose, would be allowed to vote for two persons, as is usual JQ such cases* I do not see what is meant to he guarddd s 179 against by the proviso, for it cannot have been Rppreliondcd that a person might claim to give as many votes as he had qualifications, accord' ng to the principle in some joint stocic corporations. If it should so happen that a part of each pro- vince should be embraced in the same electoral division, one of the enactments in this clause would be found embarassing. Clause 2lst. — This would, 1 see, expressly enable the Colo- nial Legislature to priss lavvs limiting the prerogative of the Crown in regard to the time ond place of holding sessions of the Legislature, and respecting the proroguing and dissolving it ; and also respecting the duration of the Legislature. It would be a very material change in the constitution of these colonies, and, I think, an imprudent one, for reasons which I have given in another part of this paper. C/ause 22nd. — This clause prupc«es to place the election of the Speaker of the Assembly exclusively within the power of that body, so that they may proceed in it without direction from the Governor, and that their choice shall not require to be confirmed by him. It is very true that the practice in this respect, both in tho colonies and in the mother country, has become matter of form rather than of substance. Tlie 31 Geo. llh, c. 81, is silent in respect to the election of Speaker of the Assembly. It was left to be, as it lias been, deduced from the analogy with the House of Commons. Clause 23rd is more properly conceived, I think, than the I. 5th clause, which relates to the same matter in the other branch of the Legislature. The Assembly, as this clause is framed, could not increase their quorum beyond the number mentioned. As it does not appear vvhy tho act should proceed on different principles in this respect, with regard to the two I ianches, it would huve been better th:it the other clause had been framed in the same manner as this, except that the lan- guage should be so explicit as to l^'ave no room for doubt whether cither House might, or might not, reduce their quorum by rule — a point which, under the words of this clause, might seem doubtful. ,i . I rj ) , ■ '!'':• ( 1 t I I i I i I^H f ^^^^1 ill ihi^ 180 Clause 30th is of very cjueslionable expediency, I think, to say the least of it. Many of the most necessary and important laws apply to parts, and not the whole, of a country ; and such statutes may often become necessary for remedying some abuse which the local authoriticb or tiie population of a particular Sc*cou»iii <^'strict have occasioned or encouraged. The elective district council might partake of this local feeling, or might not have sufficient independence to Vvithstand it, and this clause would enable thetn to set themselves in opposition to the Provincial Legislature, and to thwart their measures, by compelling the delay consequent upoii a reference to England, when there might be really no just pietencc for it. This delay migl.t ex- tend to a year, or nearly so ; and might under some circumstan- ces, be a great public evil, occasioning even the entire lailure of the object of the measure. The more I consider this clause, the more I am convinced that it would never answer to adopt it. It has neither prin- ciple nor precedent to support it. It would give to these district councils a control over the Provincial Legislature which cculd not fail to produce constant collisions and discontent as well as inconvenience. If the principle be a sound ime, why sliould not a remonstrance from the mnioiitv of the inhabitants of anv district or county have the cfibct of disabling the governors of these, or any other colonies, under their present coiislitu- lions, from assenting to bills passed by the Legislature ? And, why should not Parliament in Englmd be under a similar re- ■traint in regard to local measures ? The practical operation of this clause would show it to be GiOst inconvenient: if, for instance, a bill were to be passed, granting a hundred pounds to build a a school-house in any district, or a sum of money for building or repairing a court- house, or imposing a toll on a bridge, or correcting an error ia a survey, such hill could not be assented to with the rest, but must be reserved by the Governor for twenty-one days. The aet OKHts to state by what formality he is to assent to it after- witrdsy in ca« he should receive no remonstrance from the district council. But if the district council should request the 181 think, to nportant and such ne abuse articular 3 district not have se would rc»vincial filing the icn there migl.t cx- cumstan- lailurc of convinced her prin- sc district lich ccuid IS well 03 hy should ts of anv overnors conslitu- e? And, niilar re- V it to be passed, se in any T .1 court- 1 error ia :• rest, but Hvs. The o it after- frorn the jquest the Governor to reserve the bill, then it must be reserved for Her Majesty's consideration, and it could not be assented to until thirty days after it had been laid before both Houses of Par- liament. What probability there is that Parliament would, within the thirty days, apply their grave consideration to bills of this description need scarcely be stated ; and if they should indeed bring themselves to discuss .iic question whether the school- house should be built, or the court-house repaired, or the erroneous survey corrected, I know not how they could enable themselves to judge whether thoy ought to prefer the opinion of the district council, or that of the Provincial Legislature. To assume that the less considerable body should, ^;r/m« yizae, be regarded as entitled to more weight, because they belonged exclusively to the district concerned, would not be always a safe principle, and certainly not consistent with the theory of the British constitution. It might happen, and probably it would in some cases, that a bill passed almost unanimously by the Provincial Legislature, would be arrested in its progress by an address of the district council opposing the imposition of a tax, although, according to the Eiigliih parliamentary rule, a petition against a tax ought not to bo received at all. It would be inconsistent with all experience to conclude that it would only bo in extraordinary cases that the district coLin- oil would bo likely to intu-rpose, and that the delay therefore occasioned bv this clause of the bill would not extend, in general, beyond the twenty-one days. Everyone knows how keenly, and how unreasonably often local matters are contest- ♦ ed, and that many qucs lions, in themselves insignificant, are rendered of importance by the bearing they may be made to have upon elections and party movements. From tin's and other causes, it would happen that few matters of local appli- cation w^ould come before the Legislature which would not also be made the subject of discussion in the district council. T could give some instances from past occurrences, in which the effect of such a provision (if it had existed) would hava :;tli V'' )• ■ I' i I n m I h • t I l-n Eleettve dis- trict touncili 182 been evidently most injurious to the public interests, by pre- venting the possibility of applying a prompt remedy where it was much required. It is a further objection to this 30th clause, that it is not de- clared in it what shall be the effect of either or both Houses of Parliament disapproving of any bill that may be laid before them in compliance with the provision. And it is well worthy of remark, that if this clause should pass in its present shape, the salutary check upon provincial legislation which has hitherto existed under the wise and well-considered statute, 31 Geo. III., chap. 31, would in some very important cases be withdrawn, and the Legislature would be at liberty to pass acts respecting them which would become laws without the necessity of referring them to the British Government, or Parliament. 1 think the footing on which these matters have hitherto rested is much better, both as regards the provinces and the mother country. Clauses 31 to 50 relate to the novel institution of district councils. The expediency, or inexpediency of adopting this part of the proposed measure has been discussed already. I will only make a few remarks here upon their details. dlst Clause, — Ono would suppose from this clause that it must be meant to supersede the present division of the two provinces into districts, or it w^ould have appeared proper to qualify the language thus : "that in every district of the said United Province to be formed under the provisions of this Act there shall be," &c. 25th Clause. — I apprehend that there would be found some perplexity in applying this cause. Blih Clause. — Perhaps I do not clearly understand this ; but it seems to me that it might not be always easy to decide which nine persons had been for the longest time members with- out re-election. If after the first two years all the nine not drawn should be living, then thei/ would be the oldest mem- bers ; but as they might not all be living, the question of seniority might come to be applied to some persons whose elections were contemporaneous. i n 1 1 183 by prc- /here it ; not de- Houses d before le should rovincial wise and in some ire would (1 become le British lich these LS regards of district ipting this ready. I s. se that it ,f the two proper to ,f the said lof this Act )und some Itand this ; to decide libers wilh- nine not Idest mem- luestion of Ions whose 39th Clause. — It seems to be intended that returning ofRc(»rs for elections to the assembly shall also be returning officers for the purpose of these clauses ; but it is not expressly said that they shall be ; and ^as the returning officers for electoral divisions are to be appointed pro hac vice, for each election (as I understand the bill,)"*they-will perhaps be held to be no longer returning officers when they have fuliilled their first duty. 44M and 45//i Clauses. — It will be seen from these clauses that it is not proposed to limit the district councils, either in respect to the amount of taxes which they may impose, or the magnitude of the public works which they may undertake. And it is to be remembered that it is not to corporations acting only within the limits of certain towns that these extensive pow- ers are to be given, but that all the agricultural districts, and, in fact, the whole of Canada, is to be subject to this species of legislation. It is to be considered, also, that in a new country like Canada, the objects enumerated in these clauses are pre- cisely those to which the attention of the Legislature is prin- cipally devoted. It does not seem to be intended that the Legislature of the pro- vince should cease to occupy itself with such matter?, but rather that the province with respect to these objects shall have two legislative authorities in action, either of which shall be compe- tent to make rail-roads, canals, and hitrhwavs, at their discre- tion, as to locality, extent, &c., and shall have power without limit to raise whatever taxes they may think necessary for such objects. How far this scheme might be acceptable in Lower Canada I will not take upon me to say, though I believe it would be but little favoured ; but in Upper Canada, where, besides their Legislature, there is in each district a system of internal assess- ment limited in amount, and for certain specified purposes, as in English counties ; in Upper Canada I think I may con- fidently repeat that this triple machinery for taxation is not re- quired, has never been thought of as desirable, and would be looked upon with disapprobation very generally, if not univer- sally. U*«*tu«ii» 18i itth Clause. — I must repeat here, that I nm not certain^ whether this clause has or has not been framed with a knowledge that there are already in Upper Canada *^ dis- tricts" and " trcasurei's of diatric/s" and whctlicr it is in- tended that these shall co-exist with the proposed new organ- ization. If this should be intended, then it woi.ild be necessary that some care should be taken to prevent the doi;' Ic arrange- ment from clashing. But if, on the other bnnd, it be intended that there shall be no other districts lIiMn those -which would be created under this act, then I must agiin state that in Upper Canada, at least, such new division into two or three districts only could never answer as a substitute for the pre- sent arrangement. 48th Clause. — I apprehend no Teutenant-govcrnor of much colonial experience would desire to act under such o system as this clause A^ould establish. His diilijulties with one legislature are enough generally to occupy his attention. and this act would give him the superintendence of live more, between which five and the General [.egislature it is most probable there would frequently arise collisions of no Tery agreable nature, from the desire of the one to encroach and of the other to restrict, and from the fact of their both having an unlimited power over the same subjects, those sub- jects, too, being precisely such as interest the population most powerfully. Under the proviso at the end of this clause, it might be con- ceived by the Provincial Legislature, that they could withdraw from the jurisdiction of the elective councils any or all of the subjects which this bill would commit to them. As, for in- stance, if, being jealous of their interference in matters of such consequence to the country as the construction of canals, they should provide by law that no act should be passed for any such purpose except by the Provincial Legislature, then any ordinance which the elective councils might afterwards pass for making a canal would be repugnant to such enactment, in other words, it would impede the full operation of the provin- cial statute, and would therefore seem to come within the pro- 185 certain, with a .1 " (lis- it is in- ' organ- ;ccssary intended ti would that in or three the pre- jrnor of r such ies with attention, ;e of live itnre it is Mis of no encroach heir both hose sub- tion most it bo con- withdraw all of the lS, for in- ;rs of such nals, tliey d for any then any ards pass ictnnent, in he provin- in the pro- i bibition of this chaise. I do not mean to say that this would be the cflcct of the clause, but I huvc no doubt that would be contended. It would not he objoctionable, I think, that the Provincial LciTislalure should have it in tlicir power to cinnimscribe in tills way the gj)hcro of action of ll»e Council, but I do dot sup* pose that this was intended to be the otrjct of the proviso. It is meant, I believe, only to prevent the (Council from imp'cding the ireneral course of leiji.slntioi), bv the Provincial Parliament, not to en iblo the ia'iter by anticipation to tie up the hands of the former in respect to any or all the matters which they could otherwise deal with. It seems to me, on a perusal of the several clauses, tliat it is intended bv the bill to enable the Provincial Legislature to increase to powers of legislation given to the district councils, if they should think fit to do so, but not to abridge thfMn. 49th C/cntse. — There is no provision for determining the legality of any election to tlie district council in case of its being contested. It has boon tliought, probably, that it might be left to the district councils to regulate that matter themselves, and so it migli' be, after the first session ; but in respect to the first, perhaps, some provision might be expedient. 31 si Cla?zs''-. — This lause seems to aflbrd evidence of an intention that the presc t districts should bo superseded by the ^"'^"^^ ""•=''■ new di 'sion of the pi 'inces i .to five districts, because it subject to the disposition of the district councils the funds that may continu*^ to be raised for local purposes, under acts heretofore passe ! in either province. In Upper Cana- da, therefore, the disljict assessments which are limited by law to various local objects, and are applicable by the Le- gislature, would be placed within the disposition of the district councils. Whoever i^amed this bill had little idea of the confusion and dissatisfaction which would be created in Upper Canada by the attempt to introduce such a system. To say nothing of other objections, the people of that province would readily perceive Electire «Hi Ml ^>. i.a.i IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I ^1^ IIIM I ^ IIIM " lis lllll M 1.8 1.25 1.4 II 1.6 ^ 6" ^ Hiotographic Sciences Corporation ^3 WES: 4AIN STREET W:rSSTi«.N.Y 14580 (;",6) 872-4503 S. 97 V ^\ ^i, ^ <- f/ #' 186 1^ ,1 ' I i4^ h 8. I H I. t 4 r I 1 that as each of the districts must cover a territory of two hun- dred miles in length, or more, the members of the elective councils would not be, like the present magistrates in session, chiefly gentlemen who, having attended for a few hours in the day to public duties, could return to their homes at ni^ht ; and so may afford, as they do, to serve gratuitously. This new body of gentlemen, in whom it seems interded to vest the con- trol of all local funds, would rather resemble in this respect the members of the Provincial Assembly, and the consequence would be found to be that if they were to receive no wages, many of them being distant from the place of meeting would yield a very indifferent attendance ; or if (which is more pro- bable) they should assign to themselves, by an ordinance, a certain sum per diem for their attendance, then no small pro- portion of what now goes to repair roads and bridges, feed prisoners, and pay other district charges, would pass, and not unjustly, into the pockets of the members, finance. Clause 52. — Upper Canada, which ov/cs about a m.iliion, will not object to this provision, I dare say, nor will her cre- ditors. She would soon find, however, if the projected union should take place, that she had paid a high price for the sup- posed advantage. Lower Canada has not a revenue that exceeds her expenditure, as I understand, neither is she wholly free from debt ; so that the only benefit in point of revenue which Upper Canada could derive from the union would be contingent upon the willingness of a majority in the new House of Assembly to add to the duties upon imports at Quebec. The power of imposing additional duties is what, in fact, is wanting to the prosperity of Upper Canada ; and that power could be given by measures of another description, reasonable and just in their nature, without deranging the civil constitu- tion of Upper Canada, and without making her peace and security depend on the future conduct of the French Canadians. civii-LiBt. Clause 63. — This clause proceeds upon the assumption that there is, or will be at the time of the bill passing, a civil ■e:^ 187 - two hun- 2 elective in session, 3urs in the i^ht ; and This new 5t the con- nis respect nsequence no wages, injT would more pro- Hinance, a small pro* dges, feed ss, and not a m.illion, ill her ere- cted union >r the sup- '^enue that ler is she in point of the union lajority in on imports in fact, is hat power reasonable constitu- Deace and French ssumption ng, a civil list established in both provinces, so far at least ns those ollice* are concerned which are enumerated in it ; but I atn not aware that there is such a provision " secured or payable hy law" in liOwer Canada ; and in respect to Upper Canada, there is by no means an annual charge payable by law suffi- cient to provide for those objecN. The greater part of the emoluments and contingencies of thf •' attorney and solicitor- general, the provincial secretary and civil secretary," is left to be voted by the AsscMnbly in each year, and is not fixed at any annual amount by law, but is altogether uncertain. Besides, there are several indispensable public officers who are not enumerated in this clause : for instance, the clerk of the council, inspector-general of public accounts, receiver- general, surveyor-general, and commissioner of crown lands, adjutant-general of militia, &c. For some of these officers the law does not make a competent and permanent provision in Upper Canada. It can hardly be intended, I suppose, to throw open again this part of the civil list ; and yet, as none of those officers are enumerated in this clause, that may be taken to be the con- struction and eflect of the act. For these charges are no part of the public debt contemplated by the 53rd clause, or at least the United Legislature might not admit that to be fair construc- tion, and they certainly would not come under any other head of charge upon the public revenue specified in the clauses which follow. Whatever may be the intention, therefore, as the 57th clause places all the surplus revenue beyond those charges at the disposal of tiie Legislature, it might possibly be contended that that clause must have the effect of virtually repealing all provisions for the civil list which are not saved by the 53rd clause. I think that was not intended, but the intention ought to be made plain ; for it may be urged that if all permanent provi- sions, made by law in either province for the civil offices, were meant to be respected by this bill, there would have been no necessity for enumerating such of them as are enumerated, viz.. the lieutenant' governor, the judges, &c. ; and the maxim I' 1. / If > V' v i' Mi I •< J. !!f i I' ' 188 Surould probably be cited — " Expressio imius exclusio est alta- rius. It seems to be a remarkable thing in this clause that it makes no allowance for the total change of circumstances in the civil government which this bill would create. It supposes the continuance of two governors, and two sets of officers, and civil departments : but the bill says nothing of this ; and in fact the Secretary of State could not apportion the money, as directed by this clause, "to the aforesaid public officers and their seve- ral departments," because, according to the other provisions of this bill, there would be but one province to govern, and of course but one set of public officers. Clause 57th. — This clause, I think, should contain the words "and subject also to the charge specified in the 52nd clause of this Act;" for the ^* several jj a i/me7its" alluded lo in the be- ginning of this clause extend only to the anmial interest of the public debt. It is true that the legislature of Upper Canada has proceeded hitherto in the spirit of this clause, without ap- parently making much allowance in their calculation for the principal of the debt ; but it would be better, in appearance at least, that this bill should not treat all the balance be vend the civil list, and annual interest, as being clearly disposable by the legislature for other objects, without regard to the prin- cipal debt due. I do not see why parliament should descend so much into the detail of legislative proceedings' as it is proposed to do in this clause, by stipulating that all bills for appropriating re- venue or imposing taxes shall originate in the Assembly. The statute 31 Geo. III. ch. 31, an ably-drawn and well-considered statute, contains no such provision ; and yet in both provinces, by common consent, the legislatures have abided by what they found to be parliamentary usage in that respect, governing themselves by that analogy which they are obliged to resort to for direction in innumerable other points. In lact each branch may be safely trusted with the vindication of its own privileges . and there is so little chance of the Assembly passing a bill originating in the council for levying a tax, or granting a Fum I * est alta- at it makes in the civil pposv'S the rs, and civil 1 in fact the as directed their sevc- irovisions of crn, and of n the words id clause of ( in the be- tcrest of the )pcr Canada without ap- ition for the pearancc at bevond the isposable by to the prin- D much into scd to do in priating re- mbly. The -considered 1 provinces, y what they , governing to resort to each branch privileges ; assing a bill kiing a Fuin 189 of money, that the council might, without danger, bojeft to make the experiment. It might be well, indeed, if all the privileges of either house m regard to the other, as well as in regard to the Queen's subjects generally, coiild be set down and defined in their written con- stitution ; but that perhaps, would not be found practicable ; and since no attempt is made to do it, it seems unnecessary to single out a privilege which long usuage has established on a firmer footing perhaps than any other. The last proviso in this clause, namely, that which enacts Proposed * \, . . , reslrictlou that the Assembly shall originate no vote for the appropriation ^P'JJjjS,'^"*" of money to any purpose which shrll not have been first re- fy^JJ^ Legi*- commended by a message of the governor, would be a very unpalatable restriction, so far as Upper Canada is concerned ; and it does not appear to me that it would be found practicable to enforce it for the purpose which, I imagine, has led to its introduction. When I say this, I assume that the idea of pro- posing it is taken from Lord Durham's Report, and under the expectation that it wcdd answer the purpose^ for which his lordships seems to have recommended it. In order to give it this effect, it must be applied in'Canadci really, and effectively, in a class of cases where the application erf such a rule in England is, as I conceive, nominal only, and really insignificant. I am aware that in England a'rule of parhamentary pro- ceeding exists, such as this clause contemplates. In Upper Ca- nada the Assembly have not been required to limit themselves, and have never in fact limited themselves by any such rule. They have, in that respect, departed from the English practice, and 1 dare say unwisely ; for it must be admitted that, without the salutary restriction of such a rule, abuses are very likely to arise (and they may have arisen in Upper Canada) with re- gard to claims of individuals for alleged public services, or gra* tuities upon grounds which the Government might justly refuse to acknowlegCf but which importunities addressed to individuals may sometimes improperly succeed in establishing. 190 ffejij-o. r , I 't The disregard of the parliamentary rule in these instances has the effect of transferring to a popular assembly the just and acknowledged prerogative of the crown ; aad the con- sequences are both prejudicial to the honour of the Govern- ment, and destructive of that controul which it ought to possess over its servants ; while, at the same time, they arc otherwise injurious to the public interests, and very undesirable as re- spects the members of the Assembly themselves. For they would find it more expedient to be able to throw the rcsponsi- bihty where it fairly rests, by saying to the applicant " You must get the Government, in the first place, to recognise your claim upon the public service, and then we can deal -^'ith it in the Assembly as we shall think right." If, therefore, the rule which is acted upon in England could be introduced into the Canadian legislature, it would be an advantage in such cases as 1 have jnst referred to. But this is not by any means the application of the rule which Lord Durham seems to have contemplated. His lordship had been told, it appears, that in projecting and carrying on public works in Canada there had been great recklessness, pro. digality, and corrupt jobbing. Taking it for granted that the charge was true, but without offering, and I think I may ven- ture to add without having received, any proof of it, his Lord- ship strongly recommends the rule or restriction alluded to,j intending, as I infer from the Report, that the Assembly should not have power to enter upon the construction of any| such works as canals, roads, harbours, &c. without the pre- vious recommendation of the Lieutenant-Governor, conveyed] by message. But to make this a real and effectual check, in regard to\ the progress of pubhc improvements, I believe the Lieutenant-] Governor would find it necessary to take such grounds as th Crown does not assume, and never would assume in this coun- try, and such as would leave no possibility of continued har-l mony between the Executive Government and the Assembly. | It may be very true that in the House of Commons, when it is proposed to construct a canal, or a breakwater, or to advance! 191 e instances )ly the just .d tho con- he Govern- it to possess c otherwise -able as re- For they he rcsponsi- licant " You ;ognisc your ai with it in iigland could would be an to. But this which Lord hip had been |ng on public essness, pro. nted that the k I may vcn- f it, his Lord- n alluded to, Assembly uction of any lout the pre- lor, conveyed in regard *o le Lieutenant- rounds as th ill this coun- ontinued har- ho Assembly! naons, when itj or to advancel any other object of great public utility, it is usual for some minister of the crown to go through the form of saying in his place that Her Majesty has no objection to the House enter- ing upon the considerat' on of the question. But I imagine, in cases of this description, this announcement means little more than is meant by Her Majesty's formal ap- proval of the election of speaker after the House has chosen him. It would be difficult, I apprehend, to find a case in which the minister of the crown has disabled the House of Commons from carrying into effect their wish of advancing any public improvement by sotting the opinion of the executive govern- ment upon the expediency of the undertaking in opposition to that of parliament, or because they had come beforehand to the conclusion that the money, if voted, would be unwisely or dishonestly expended. The difference of circumstances in the two countries creates a substantial difference in regard to the operation of such a rule* In England certain officers of the Government are of necessity members of the House of Commons ; and they cannot be there long in the capacity of ministers, unless they have a majority in that house. They take the lead in conducting the public business, and unless they agree to adopt and propose any mea- sure of the description alluded to, it has a small chaace of being carried. This necessary connexion of the ministers of the crown with the business of the House of Commons brings things in effect to the same point that the actual enforcing of the rule would do : so that the occasion for applying it as a restriction upon the house does not present itself; and under such circum- stances the rule is little more than a mere form. But in the provinces of Canada there have been no boroughs under the influence of individuals ; and there is never any cer- tainty there that any of the principal officers of the Government will be membery of the Assembly. The consequence is that tho business of the house is not conducted by any one as repre- senting the Government. Measures of public utility are taken up by any of the mem- bers indifferently ; and if a member, moving for public aid to a 192 It.Vh 11:. , ;■ If It " ' Ha J mi if •>. Umpire. I- work in which the inhabitants took a warm interest, and know- ing that a majority of the Assembly were willing and desirous to make the grant, were to be disabled from even bringing the subject ULder discussion, because the Lieutenant-Govornor would send down no message recommending it, it would at once be felt that a direct control was exercised by the Crown over the deliberations and acts of the Legislature in a manner that could pot, and does not occur in England. 5Qth Clause. — If a necessity were to arise from the appoint- ment of an umpire by the Crown, he ought not to be an inha- bitant of either province. (dOth Clause. — I doubt the propriety of the provision con- tained in this clause. Clsif Clause. — This clause seems to require that the legis- lature of each province should be continually in session, and ready to supply any vacancy that may occur among the arbi- trators. If the legislature were not in session, a month would be rather too short a period as regards Upper Canada. 64.. -i m ^k^ # s<.; ^i*' ■W h' ■ I' ■■*, 1 'ftf.'^ i 'W W/ '?1-* 4^ '■• # ^iai -•i'ii. -w-'J .■■.A-. m * ^.i' i# *i» t " M^*" ^Jf^- ■« ■ijBi' #" * •Hf.j*. ges, because ave effect be- 1 Parliament, some supple- n all respects ds perfecting such absolute r of things is tments of the eternal affairs certainty. '- • * '* I .4 * 4., ]jd. «. .;.