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Un des symboles suivants apparaftra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ► signifie 'A SUIVRE ", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diffdrents. Lorsquo le document est trop grand pour dtre reproduit en un seul clich6, 11 est fiimi A partir de I'angle supirieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la m6thode. 1 2 3 32X ' 1 i 3 ■ - - - * I >, 6 ■% ^ J A in STORY OK TIIH LA.TK PJIOVINCE OF LOWER CANADA rAULlAMExXTAUY AND POLITICAL *\ ; mOM THE COAJMENCKMENT TO THK CLOSR OF ITS EXISTENCE AS A SF.f'ARATZ PROVINrK. "a, i By ROBERT CHRISTIE.. IN SIX VOLUMEK. 'i VOL. I. MONTREAL: UIOITARD WORTIITNGTON PLIJI.ISHER AND HOOKSKLI.RB. 18G0. J- '"%: . v./ 4 f ■■ icjr . \ ' f t Fntorod, nccording to act of the Provincial Loffiaiaturo, in tho .year one thousand eight hundrod and eixty-five, "for the protoction of copj' rights in thi-» prnvincr*^' by llicifo. WoiiTniNCTON, in "tho office of tho Reyistrar uf (he provinfto of (.^auada. Auguft, 1805. ■ ' ' i.'^: t ^ K, .S> lS(w. ■ f.;" i I # TO HIS EXCELLENCY THE RIGHT HONORABLE JAMES, EARL OF ELGIN AND KINCARDINE, KNIGHT OK THE MOST ANCIENT AND MOST NOBLE ORDER OF THE THISTLE, HER MAJESTY'S GOVERNOR GENERAL or BRITISH NORTH AMERICA, ^C, J^C,^ i^r. i I THIS WORK IS, WITH HIS EXCELLENCY'S LEAVE, RESPECTFULLY INSCRIBED BY THE AUTHOR. 1 ir*tx4*J V* -, ,. r. "l 4 ^^■,;.' i ,-- ipj!Kr,i'«" INTRODUCTION. The history of Canada previous to the conquest and thence to the division of the province of Quebec into the tvv^o provinces of Upper Canada and Lower Canada, is pretty well understood ; but, of neither of these two late provinces, now reunited, has any connplete memo- rial of their separate existence, from first to last, nor any thing beyond pieces of their history, in the english language at least, in so far as has come to the writer's knowledge, been published. The present is an attempt to supply, with respect to Lower Canada, the desideratum, if such there be in the public mind, and with what fidelity and success, the reader will deter* mine. The constitution of this province, modelled upon that of Great Britain, as far as circumstances admitted, having, after a fair trial of nearly fifty years, and much patience and long forbearance on the part of the imperial authorities, proved a failure, the questions, why ? — and, — how ? very naturally present themselves to those, who, happy enough not to have been mixed up with the agitation and intrigues by which the country v/as allowed too long to be distracted, nevertheless take an interest in its history and welfare, and look for instruction on the subject. The present work may tend to solve those queries. ..n. In Upp(jr Canada, the same constitution which, in Lower Canada, was repudiated by its representative assembly, baci^ed as indubitably it was, by the great majority, indeed nearly the whole of the constituent masses throughout this province, worked well and pros- perously for that province, the body of whose inha-- bitants were, it is to be observed, british or of british origin, and who, finding in it the guarantee of their rights, as british subjects, and the faculty of developing the resources, and with them, also the prosperity of the country, and its defence as well against aggression from without as treason within, cherished, and would have fought and died in its defence. Whether it were that the one race had more aptitude and were better quali- fied for the appreciation and use of it than the other, it is not with us to say ; but, from whatsoever cause, the fact always is patent and irrrefutable, that, in the bands of the one it throve, answered the intended purpose, and was appreciated by the people as a bless- ing, the palladium of their privileges, and made available accordingly. Whereas, in those of the other, notwithstanding that during the first twenty-five years of its existence it worked to admiration, it signally failed, turning out, unhappily, something worse than a mere failure. The success in the one instance and miscarriage in the other, are not, however, mentioned with any view of drawing unfavorable compari- sops, but as facts now of history, accomplished and irrevocable, whatsoever may have been the causes, or the consequences past or to come, and upon which the philosophic reader will expend what conjectures his reflection may suggest. But one thing, it would seem ■! lich, in cntativc he great nstituent rid pros- )se inha-' f british of their vcloping ty of the ion from luld have vere that :er quali- other, it ^use, the in the intended a bless- made le other, ve years signally rse than ance and entioned compari- hed and Buses, or hich the tures his uld seem t I I 111 ' is certain.— -The same spirit that rendered the constilu- lion aboitive, in Lower Canada, survives, and far from neutralised by the union, still leavens the larger mass, and though for the moment stifled in it, !s not the less actively at work, if recent warnings of siiiister augury, scarcely to be mistaken, are to go for any thing, and may again produce the same, if not still greater mis- chiefs. It will be for those who are *' responsible," to lookout, and they Jirc probably not inattentive to what IS going on. , . ■ The present work traces the matters alluded to throughout their progress, from cause to etfect, and from origin to result — including the differences between the house of assembly and executive, WMth respect to the civil list, miser Ued " financial diflficulties," there being in the finances themselves, no failure nor embar- rassment whatever, nor any thing more than a misun- derstanding as to the manner^ in which the funds to provide for that important object should be given ; the assembly setting up pretensions in the matter deemed unconstitutional by the executive, and as such, resisted by it. The pretensions of that body to dictate a reform in the constitution, by insisting ipon the introduction of the elective principle in the for- formation of the legislative council, are also fully traced from commencement to term — from the first proposi- tion in thow assembly, and repudiation of the principle by it in adherence to the established constitution, until the period of its formal abdication of the constitution itself, in behalf of the very principle it but recently had repudiated. Such is the progress that innovating notions, foreign, nay, -absurd as they may seem when started. IV ami ill received as they may be, tor the moment, will sometimes make, involving favorable or fatal consequen- ces, according to circumstances, times, and the direction they take from these. The writer, however,gi ves no ver- sion purely his own, of any ot'the important public matters submitted to his reader, whom it is his desire faithfully to instruct, by the production of authentic evidences of the facts he relates, or by references to such sources of information as he thinks are to be relied upon, without exaggeration, or extenuation of any thing. The actors, in the political drama that will he pro- duced, of wliatsoever party they may be, are allowed to tell their own tale, lest the writer should misunder- stand and unintentionally do them injustice, and the reader will consequently have the advantage of judging for himself, of their pretensions and of their doctrines, by their own shewing and Ihe fruits they have produc- ed. He has endeavoured to tjuard himself against his own prepossessions and prejudices, neither approving nor condemning, otherwise than as the matters related bear on their face their approval or condemnation, and to confine himself within the province of a faithful pioneer of history, recording the things good or evil, ' proper to be remembered either as subjects to be ad- mired and imitated, or to be reprobated and avoided in after times — beacons upon which those who are to lollow us may be guided and shape their course accord- ingly — relating such matters of ordinary interest, how- ever, as are generally known and admitted to be facts, and which, if not so, may easily be contradicted, for his reader's information and amusement. Four distinct and well marked epochs in the history f ' / k ' t nt, will isequen- li rent ion no ver- matters lithCully ences of urces of without b(5 pro- allowed isunder- and the judging ^ctrines, produc- inst his proving rid a ted illation, faithful r evil, • be ad- ded in are to ccord- how- facts, 1, for listory » of I^ower CarmJa, will be observed by the reader. — ^^h'sl — from the establishment of the coustitutior»,in 1791 tu . okOy twenty years, during which it worked well and seemed to promise a long and prosperous futurity, l^ut clouds at tho close of this period began to galhor— party spirit had set to work, and appealing to national prejudices, began to disturb the harmony between the two races, which, till then, had prevailed. Secondly — from 1810. when tlie assembly spontaneously made the offer to defray all the necessary expenses of the civil government of the province, (which hitherto were only in part defrayed by it, the didinence coming from tiie military chest,) to 1818, >vhen, pursuant to this odVr, that house was formally called upon to redeem its pledge and to make, in a constitutional manner, the necessary provision, accordingly. — This space includes the short period of the amcrican war, tlie best and brightest in the annals of Lower Canada, and indeed, of the people of both Canadas, and of either origin, each and all in their respective sections having acquit- ted themselves of their duty, with a loyalty, patriotism, and bravery, of which no country or people ever fur- nished, a nobler example in defence ot their homes and their altars. Thirdly — from 1818 to 1828, during the so called " financial difficulties ;" a period ol intrigue, agitation by partisan leaders, and misunderstanding between the house of assembly and the executive rela- tive to the civil list, and other things, resulting in an appeal to the government at home, and parliament of the United Kingdom, by the famous petition of, as pretended, 87,000 lower Canadians, complaining of grievances in 1827, and which gave rise to the report VI by a committee of the house of commons in 1828, known as, the report of the Canada Committee, acce- lerating still greater mischiefs upon the inhabitants of the two Canadas than the grievances, it no doubt was, in tiie best faith possible, intended to redress. — And, fourthly and finally — from 1828, when the " concilia- tory" scheme, in pursuance of " the report," came into action, until as anticipated, its perfect abortion, in 1837, by the formal repudiation of the constitution, on the part of the representative body, and the rebellions in various parts of the province, in that and the following year, in connection with its pretensions, and stimulated by its example and doctrines ; events in themselves to be deplored, and which brought on, in 18 10, the act of reunion, merging the fwo provinces into one, the pro- vince of Canada, as a remedy, whether the right one or not remains to be seen. ' The idea of an elective legislative council, it may here be observed, was first started by Mr. Fox, in the discussion of the constitutional act, for the Canadas, in 1791, but without effect, as alien to the british consti- tution. From this we hear no more of it, till 1328, when Mr. Neilson, one of the bearers of the petition of the pretended 87-000, on Canadian grievances, pray- ing, among other things, that the constitution be preserved *' intacte,^^ on his examination before the com- mittee to whom the petition was referred, revived the idea, but did not recommend it, as to his prejudice is generally understood to have been the case. The defective composition of the legislative council, was one of the subjects complained of in the petition. On being questioned by the committee, as to the amend- TU monts that might be suggested, he is represented to I have stated, that an elective c-uncil might be sale |! enough, but that it was contrary to the constitution, and to the wishes even of those whom he represented, and the notion was dropt. We next And it intro- |duced for discussion in the assembly, by Mr. Lee, without effect however, the assembly not being then [disposed to countenance the proposition ; but finally, a [few years afterwards,we find it revived and insisted upon jby the assembly, as a principle which, at all hazards, it Iwas determined should be introduced into the formation )f the legislative council, repudiating for the sake of it, he existing constitution, refusing also, as previously Ihey had done for years, the necessary supplies to efray the ordinary and extraordinary expenses of the rovernment to carry their point, and coerce the home rovernment into the measure. As to the difficulties -relating to the civil list, the reader will easily see through them. The purposes of lie assembly were too palpable to be mistaken, although vhen the offer was first sj)ontaneously made, nothing, here is every reas m to believe, was intended, beyond Hitting the matter upon a fair and constitutional footing, tnd to secure to the representatives of the CQuntry their ^t and rightful controul upon the public expenditure. Tie subject took, however, in the sequel, another turn, ^nd became one of great annoyance to the executive [overnment and to the country. Whatever opinion the re uder may form on this and other mailers he will meet ri(h on which difficulties arose, he will not fail to^ lark and appreciate the unwearied, the exhaustless inlience of the home government throughout the long Till period of the so called financial and other difficulties started in the colony, and which it had to discusa and conciliate, as best ':t could, but after all could not ; — its earnest and unswerving anxiety lo get at and redress all real and tangible grievances submittcd,year after year to it, by the assembly, and to do justice in every possi- ble shape to the people of the province, and in particu- lar to those of french origin, down to the very hour, an evil one indeed, when mistaking a spirit of paternity and conciliation, by the authorities of the empire, for weakness, the more hasty and inconsiderate, deter- mined upon doing themselves justice, by an unwise, and, certainly, under all the circumstances, an unprovoked appeal to the ultima ratio, putting an end to all further conciliatory steps. The reader will not fail- also to perceive that in all the pretensions, however eccentric or unconstitutional, set up by the representa- tive body, it was sustained, from first to last, down to the abdication of its fun'itions and repudiation of the constitution, by the conSiituent masses throughout the province, with trifling exceptions, as previously men- tioned. The endeavours of the home government to conciliate, the determ'.riation not to be conciliated bv any concesions, it could safely or consistently make, being evident, were viewed from the outset as hopeless, by all who had observed the origin and progress of the "grievances,'' which finally broke out in rebellion. Never had the government of the province, since it had become a part of the british empire, stood in so pre- carious a position as at this crisis, for which it was in a measure unprepared, although the entire of the forces in the Canadas was concentrated for an expected rupture in IX iwo.r Canada, whither they had been altogether ithdrawn from the upper province, by the wise pre- dion of the comnnander of the forces, and well it was it he had the foresight and prudence to taku the aution. — Never, perhaps, had so extraordinary a ni<^e, and as many will insist upon it, causelessly, jn wrought in the minds of, it is not too much to say, rhole population in so short a period as row mani- tcd itself in the Montreal district particularly, where Se/itv-tive years previously, upon the threatened ra 'HI by our neighbours, there was not a man living lu would not have shed his blood in defence of that rernment and constitution, which, in some parts losi to a man, it seemed, they were now as deter- 10(1 and ready to subvert, a consummation ardently fered in the fever and delirium of the moment, and |t'; tlie whole of her Majesty's forces in the country \cUm\ as they were by one of *be eiblest gene- in the british army, but with difticulty prevented? not without loss of life, and though of little S('([uence compared to it, much waste of treasure, — how to account for the change ? Phrensy, political ^^za, sense of wrong — the reader and the casuist jcalland attribute it to what they please, but it is of vere duties of the annalist, however painful to him- n ollensive to others the task, faithfully and without niess to record the change and the events, and to 10 the statesman and the philosopher the study of as a subject worthy of their consideration. |t it not for a moment be supposed from anything lias preceded that there is a disposition to undervalue limable qualities, moral and social, of the Canadian habitart of french origin. The class is too generall, kaown and its virtues acknowledged, to need commenda- tion or commentary as to character here. Many iudeci! of them have erred, but, who has wot? — and may ( r again. Unable always to jud^e for themselves in matters of policy and government, they are, perhaps, too easily led, and sometimes astray, by those in whom thf v have confided, but the diffusion of education and the light of the press will, by and bye, it is to be hop* d, dispel the darkness ; and we who live, may yet befijr departing see the day when not a spot upon the escutcheon of our fellow subjects of french origin but shall have been wiped away. The Canadian population of french descent are riol, be it observed, to be judged of morally, or socially, hv the late disturbances,in which numbers of them in certesiri quarters, were induced to join, at the instigation of lead ers and political agitators, some of whom at the crisis, abandoned and fled from those they had misled. In a feligious, moral, and social sense, the french canadiar character is not excelled by that of any people iu ilit world. He who would be perfectly acquainted Vrill Jean Baptiste n\iii>t visit him at his country residcD^e, and abide with him there awhile — if in the winter seSMm when the long veillees i\iYord leisure and opportunity fe conversation, all the better ; — see him in his social aw domestic circle, in the several relations of parent^ neigli hour, and friend, and he will then understand anc appreciate the old gentleman. ; - Canada, be i also observed, never was a convict penal colony to which the offscourings of the motlif country, France, were transported. On the contr;ir the greatest care was bestowed by the french govcr XI Iment, from its first occupancy of the country, in the :oionization of it ; many individuals of the first families |in that kingdom, and gentlemen, taking an interest, em- )arking in the enterprise, and emigrating to the colony then called and known as "/a nouvelle France,^^ the influence of whose manners and example upon their followers partaking in common with them of the irbanity of the french disposition, is still conspicuous md characteristic of their descendents. Liberal endow- lents, for the religious needs of the colony, for the instruction of its youth, male and female, for hospitals, (asylums, and other charitable institutions, were made at m early period, and on a magnificent scale, as the jstates of the late order of Jesuits, those of the seminaries »f Quebec and Montreal, and of the various religious ;ommunities of ladies in those cities testify. The overnment, though in its character despotic, was in the reality any thing but that, an exceedingly paternal >ne, providing mild and wise laws, suitable to the infant state of the colony, and fostering its growth by every leans that could be devised, and sparing no expense. In fact, everything was done that foresight and wisdom :ould suggest ; as if the government of France contem- )iated in the colonization of Canada, as no doubt it lid, the establishment of a future empire, and were K^U^rmined to lay the foundations accordingly, broad [artd deep, as truly they were, judging of them, as at Ihis day we see them, not in ruins, but still thrifty and thriving under the protection of another not less paternal lominiun. The first and second chapters, it will be perceived, fcio rather introductory to, than a part of the history Xll itself, of Lower Canada. But ihc matters they treat of, being necessary to a right understanding of it, the writer has thought proper to initiate his reader, by submitting to him a sketch of what the province of Quebec or Canada was anterior to its division into the provinces of Upper and Lower Canada ; — that is to say, from the conquest in 1759 and 1760, down to 1791, a period of thirty years. The reports of the attorney general Thurlow and solicitor general VVed- derburne, an Canadian affairs, in 1772 and 1773, copious extracts from which are given in the second chapter, will be found interesting and read with satis- faction. They are from manuscript copies in posses- sion of G. B. Faribault, esq., one of the vice-presidents of '• the Literary and Historical Society of Quebec,'' to whose industry, in the collection of memorials valua- ble to the history of the country, it is much indebted ; and who, hav-ng obligingly communicated them to us, with permission to make use of them,we have not failed to take the advantage ot his kindness, (and for which these are our acknowledgments to him,) and to quote largely from them, for the information of the reader. These valuable papers must, in all probability, have been already published ; but, not recollecting to have seen them even alluded to in any work on Canadian affairs, we have with pleasure and may say, with pride, embodied considerable portions of them in the present. Tliey are splendid and most gratifying proofs of the spirit of justice and liberality towards Canada, that have characterised the statesmen and jurists of our country, from the incorporation of the former with it, and tht great empire of which it makes part, and which it is an m 'pr Teeable duty to the writer of these lines to put on jcord, as an humble tribute, ot' his respect for the icmories of tho great ant) good men by whom such loble sentiments were expressed, towards tlie race and fountry, of whose general history he is endeavouring to )\\t together a portion for tho use of future labourers the same field. With respect to the extinguishment of Lower Canada, |is ? province, and its reunion with Upper Canada, the Titer wishes it to be understood that his work is iiended, neither as an apology for, nor in animadver- |ioa of the measure, but impartially to record, as of his- )ry> those matters that led to it. The reader will judge >r himself of its expediency or the reverse, according to 1(3 view he may take oi them. The history of a people part of their public property, and not the least valuable it, and this is but the writer's contribution to the general stock. The intelligent reader, will, it is hoped, ►wever, on a perut al of the whole, be able to form a 1st opinion upon that important measure, and deter- line whether, consistently with the integrity of the npire and the dignity of, its government, the separate [xistcnce of Lower Canada as a province, after all that |ad occurred, were any longer endurable, and its sup- [ression and reunion with Upper Canada (which by the ime measure, be it also observed, lost in like manner separate exis1?ence) were not, rather than a matter of lioice, one of absolute necessity imposed on the imperial ithorities by the former.. At all events, the reunion be- |g now a work accomplished and done, not hastily nor rithout due consideration of the subject,in all its bearings, kill, probably, not hastily be undone. Confiding more in V XIV X (lie wisdom of those who liave adopkul the measure, than ill those who lorccd it upon them, wu may, without presumption, entertain the belief, that agitate, not to use a stronger term, who may, for its undoing, the game will scarcely pay, and that the labour may prove worse than lost. It will, one may reasonably suppose be wiser, taking all things to account, in the masses, frankly to join in carrying out the views of tht imperial legislature, than to combine in thwarting them, if such be contemplated : — to make it in good faith and in the true spirit of british subjects faithful to theii duty, their allegiance and their interests, work in the right direction, as a measure of internal union anr strength for constitutional purposes, the promotion and stability of good government, and above all, the inte* grity of the empire, rather than as some political sciolists-of the day treacherously would turn it, to sap the foundations, of our whole social and political fabric facilitate the progress of treason, and hasten the subju gation of the british north american possessions, or if the reader prefer the term, " annexation" to the ambi- tious republic adjoining us ; which heaven in its merc> and onr own prowess, if we must come to blows, avert. Quebec, January, 1848. .- .-.^ . . ^ d i» fet f > .-- , -> i ■ '.,.- ' 'Hot?' •;. CHAPTER I. . Sketch, of Canada from the Conquest, (1759 and 1760) to ilie passing of " The Quebec Jid,"^^ in 1774" — Pfovisiona 'if the Act — It defines the boundaries of the newly • acquired dominions constituting " the Province of Que- Y^Q^' — Continues tho old Civil Laws of the country — Establishes the English Criminal Code — Declares the free exercise of the religion of Rom6, and confirms the Clergy in their accustomed dues — The Governoi: or Com- mander in Ch^ef for the time being, and a Council ap- pointed by the Crown, empowered to make Ordinances for the peace, welfare, and good government of the Pro- vince, &c. — Opin'ons of the Act in England— Address of the General Congress to the inhabitants otihe I^rovince of Quebec. The first intervention of the British Parlia- Chap. ent in the affairs of Canada, after the con- *' uest, finally achieved by the capitulation of i76o lontreal in 1760, and confirmed by the treaty ^^!j^ f peace between France and England in 1763, as in 1774, when two Acts were passed relat- ng to the newly acquired territory, then called ' the Province of Quebec.*' The one gave it a constitution and form of government which we hall more particularly notice presently. — The ther provided a revenue; for defraying, the dministration of justice and support of the ivil government, by the imposition of certain duties on spirits and molasses, and which du- ties were in lieu of others enjoyed by the French King previous to the conquest. They were, however, in the total but inconsiderable 1774 Chap. ;;n' required e rppro- froin the fourteen ve been n of the years of nt was a iquitable as some (as the ) them- lured to immedi- any that lamation George duced a British view of intro- to pro- itutions emigra- wly ac- lisputes ew sub- eal pro- d divi- nued as previous to the conquest, to be determineilci'«p- according to the ancient customs and civil laws J[^ of Canada, and by judges conversant with those i76o laws, selected from among their own country- j j°^ men ; and these also were the rules of decision in the like matters, between the old subjects of the King who had immigrated hither and settled in the province. Most of these expected, however, that in all cases wherein they were personally concerned, civilly or criminally, the laws of England were to apply, in confor- mity as they read it, with His Majesty's pro- clamation, imagining also that in emigrating, they carried with them the whole code of English civil and criminal laws for their pro- tection. ' The criminal law of England following the conqueror, as a matter of right prevailed as the proper code under which the innocence or guilt of ^^ British subjects^^ on trial ought to be tested, and the new subjects were not long without feeling its superiority over the laws it supplant- ed. In all cases of personal contracts and debts of a commercial nature the English laws, it would also seem, practically ruled, but as in all civilized countries the laws which regulate such matters are nearly the same, they were cheerfully acquiesced in, and although anoma- lies, unavoidable in the novel and transition state in which the colony and its judicature were placed, did undoubtedly occur in the administration of civil justice occasionally, (there not being wanting those who have i II 1 . |i 1760 to ^\y' asserted that there was no fixed rule in admi- nistering it, justice being sometimes dealt out according to the one code, and at times accord- 1774 ing to the otlier, and perhaps imperfectly, in reference to either,) it seems clear that justice was intended, and in the main fairly dealt out by those entrusted with it, and indeed to the public satisfaction. This, however, the reader will observe, relates to the period occurring between the conquest and 1774, subsequent to which and down to the division of the pro- vince of Quebec into the two Provinces of Lower and Upper Canada in 1792, great dis- satisfaction at the courts of justice and judges, under the new judicature system arose and con- tinued until it was reformed by Act of the Legis- lature of Lower Canada, in 1794, and which also in its turn has been superseded by an Act of the Legislature of Canada in 1843, to what pur- pose remains to be seen, but little, if we are to credit those practising in the courts of law, and admitted as the best qualified to judge of it, better than the previous system, if so good, yet infinitely more costly to the province. Considerable anxiety prevailed, neverthe- less, during the former period, ( 1763 to 1774 ) as to the system of laws that was permanently to rule ; each class of subjects, old and new, looking for the prevalence of that with which they were most fami- liar, and consequently considered the best, the old subjects holding out for the English laws, which they insisted had been promised ) \ ... .^:t„_^ in admi- clealt out s accord- fectly, in at justice dealt out cd to the le reader )ccurring equent to the pro- vinces of jreat dis- i judges, and con- le Legis- ^ich also ct of the lat pur- ^e are to w, and ^e of it, )od, yet verthe- 763 to at was bjects, valence fami- J best, ngiish )mised !7«(» 1771. and guaranteed to them, by His Majesty's pro-ci,,,, clamation ; and the new, for their ancient cus- ' U)n\3 and usages, by which, during a long'"'^ scries of years their civil rights, possessions, and property, had been regulated and secured lo them, and which also ihey maintained were secured to them by the capitulations ol* Quebec in IT.'Sy, and Montreal in 1760, and finally by the treaty of peace in 1763, between France and England, There was, moreover, a general uneasiness both among the old and new subjects with respect to the constitution ol government that might finally be established in the [)ro- vince, the former looking for one such as they were accustomed to, — a government partaking of a representative character, which the latter rather deprecated than desired, apprehensive that in the more skilful hands of their fellow subjects of the other origin it might be turned to thfeir disadvantage. — In fact, they looked rather to the preser- vation of their laws and institutions, their civil and their social rights which they per- fectly understood and appreciated, than to any of a political nature to which they were entire strangei^s ; self-government, politics and legisla- tion being quite out of their sphere, and beyond (heir aspirations. The government of a single individual, or governor aided by a council or a certain numberof advisers, was perfectly intel- ligible to them, and such as they had been accustomed to, and if honest and upright, all ^H Chap. J. to 1774. they desired. A constitution consisting of a governor and two branches, was quite new to the great body, who could not understand their meaning or purposes, and therefore considered the whole as an English invention, (invention ./]nglaise,) intended to cheat thern of their rights, and, in the long run, their money ; and how far they may have been right or wrong in their suspicions casuists may deter- mine if they can. But of such a government and constitution they had no correct concep- tion, and few in the mass were then qualified to partake of it, if established. Nor in the opinion of the British government, had the time as yet arrived, when the state and cir- cumstances of the province would admit of a constitution modelled after that of England/ and, accordingly, the legislation of the country was entrusted to a governor and legislative council appointed by the crown, in conformity to the provisions of " the Quebec Act." This act was exceedingly unpopular in Eng- land as well as unsatisfactory to the old sub- jects or British settlers in Canada, and besides gave umbrage to the neighbouring colonies then on the eve of revolt, which it contributed to accelerate."^ It was, however, just in its * Auihi^fltic copy of an Address and Pelition presented lo thp King hj the Corporation of London, previous to His Majesty signing the BUI for the better government of Quebec : — " To the King's Most Excellent Majesty. *' Most Gracious Sovereign. « We your Majesty's most dutiful and loyal subjects, the Lord Mayor, Aldermen aJdOommon Council of the city of London, in common oomncil assembled, are exceedingly alarmed that a bill has passed sting of a te new to tand their onsidered [invention of their money ; right or lay deter- )vernrnent t conc.ep- qualified or in the had the 5 and cir- idmit of a England/ ie country legislative onformity 't " ir in Eng- old sub- Id besides colonies ►ntributed ist in its Mcnftfd to the \Hii Maj^ty I Lord Mayor, in common [] has passed provisions towards the King's new subjects, chap. suited to the country, and worked well. '• The population of the province at this time,"*^ I774y is variously stated. *^ The Quebec Act" ^to states it at " over sixty-five thousand," and in *"' ^ other quarters it is asserted, upon wh 9 lin'' arrears, was in actual receipt at the trea-chap. ;ury, not equal to ten thousand pounds sterling. ^• *' The Quebec Act" defined the boundaries'^^ lof the Province of Quebec. It set aside all »« )rovisions under the royal proclamation of 7th [October, 1763, pursuant to which the province mad since been governed, the same having, it [was said in the Act, upon experience, been [found inapplicable to the state and circum- stances of the province, the inhabitants whereof amounted at the conquest to over sixty-five thousand persons professing the religion of the church of Rome, and enjoying an established form of constitution and system of laws by [which their persons and property had been -to destroy onr charters, and change our forms of government") would rasion, and had already occasioned grea:t discontent in all tne colo- iies, which nii^ht produce opposition to these measures, an act was wssed <' to protect, indemnify, and screen from punishment, such as liirhtbe sfuilty even of murder, in endeavouring to carry their oppres- jivt? odicts into execution ;" and by another m I " the dominion of Ca- i;uia is to be so extended, modelled, and governed," as that by bein^f lisunited from us, detached from our interests, by civil as well as reli- jious prejudices, that by their numbers swelling with catholic emi- jrants from P^urope, and by their devotion to administration, so friend- ly to t heir-religion, they might become formidable to us, and, on occa- gion, be fit instruments in the hands of power, to reduce the ancient free protestant colonies to the same state of slavery with themselves. " This was evidently the object of the act : and in this view, being extremely dangerous to our liberty and quiet, we cannot forbear com- [>laniiiig of it, as hostile to British America. — Superadded to these Convictions, we cannc^t help deploring the unhappy condition to which has reduced the many PJnglish settlers, who, encouraged by the )yal proclamation, promising the enjoyment of all their rights, have )urchused estates in that country. They are now the subjects of an Irbitrary government, deprived of trial by jury, and when imprisoned funiioti-liiim the benefit of the habeas corpus act, that great bulwark |nJ palladhim of English liberty : — nor can we suppress our astonish- p-nt. that a British parliament should ever consent to establish in that K)uiitrya religion that has deluged your island in blood, and dispersepevty and 3 the con- ithority of ered, and council of ve to the Df justice, ler officers Act. The igion was ■ maintain- j;hts, with essed the stablished empire in at home, •sons pro- ired undei nt of their :ts within )us orders were any their pro- ime they xcept tht ressed b} propert} ind possessions, customs and usages rela-chap. ve thereto, and all other civil rights to ^• Ihe fullest extent consistent with their alle- nco iance to His Majesty, and subjection to j^' he crown and parliament of Great Britain, it leing specially enacted that in all matters of :ontroversy relative to property and civil rights, resort should be had to the laws of Canada as [he rule for the decision of the same, liable, lowever, to alteration by any ordinances of the jovernor and Legislative Council that might le made for that purpose. The criminal law of England, ** the certainty lud lenity" whereof, and the benefits and ad- antages resulting from the use of which, it was also observed in the act, had been sensi- bly felt by the inhabitants from an experience \c( more than nine years during which it had been uniformly administered, was continued [and to be observed as law to the exclusion of every other criminal code which might have prevailed before 1764, but subject in like [nianner to modification and amendment by trdinances of the Governor and Council.* His Majesty was authorised to appoint a ICouncil for the affairs of the Province, con- • III 1752, Pierre Beaudoin dit Cumberland, with three others, sr^l- Ic'itrs in a corps called " Detachement des Troupes de la Marine," thtjn irarrison in the town of Three Rivers, were accused of having 8et lace