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A in STORY

OK TIIH

LA.TK PJIOVINCE

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.

VOL. I.

MONTREAL:
UIOITARD WORTIITNGTON

PLIJI.ISHER AND HOOKSKLI.RB.

18G0.

J- '"%:

. v./

f ■■

icjr .

\ ' f

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.'^:

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

BRITISH NORTH AMERICA,
^C, J^C,^ i^r.

THIS WORK IS, WITH HIS EXCELLENCY'S LEAVE,

RESPECTFULLY INSCRIBED BY

THE AUTHOR.

1 ir*tx4*J V* -, ,. r. "l 4

^^■,;.'

,-- 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

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.

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 '

' 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

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-

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

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

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

'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

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<l far short of the amount annually required
^'^ for the purposes to which they were rppro-
^760 priated, the deficiency being supplied from the
Imperial treasury.*'

From the conquest to this epoch, fourteen
years, the province appears to have been
governed generally to the satisfaction of the
inhabitants. During the three first years of
this period, however, the government was a
purely military, though it seems an equitable
one, and, indeed, more to the taste, as some
will have it, of " the ncic siibjects,^^ (as the
Canadians were then denominated,) them-
selves a brave and military people inured to
war and discipline, than that which immedi-
ately succeeded it, and perhaps than any that
have since followed. The royal proclamation
of 1763, by their new Sovereign, King George
the third put an end to this, and introduced a
new order, something more congenial to British
feelings and habits, with the double view of
tranquilizing the new subjects, by the intro-
duction of a government better suited to pro-
tect them in their civil rights and institutions
than previously, and of encouraging emigra-
tion from home into His Majesty's newly ac-
quired North American dominions. All disputes
from this time forward, between the new sub-
jects concerning rights in land and real pro-
property, inheritance, succession to, and divi-
sion of the same among co-heirs, continued as

* See the Statutes of 14 Geo. Ill, chapters 83 and 88.

' >'

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 .

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

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<it data
does not satisfactorily appear, at a hundred
and twenty thousand. The truth may lie half
way between the extremes or thereabout, but
even this is but conjecture. The revenue a$

vour two houses of Parliament, entitled an " An Art for making more
' etfectual provision for the government of the province of Quei)ec, in
" North America," which we apprehend to be entirely subversive ol
the jjreat fundamental principles of the constitution of the British mo-
narchy, as well as of the authority of various solemn acts of the
legislature.

" We ben leave to observe, that the English law, and that wonder-
ful f^tlbrt of human wisdom, the trial by jury, are not admitted by this
bill in any civil cases, and the French law of Canada is imposed on all
the inhabitants of that extensive province, by which both the persons
and properties of very many of your Majesty's subjects are rendereti
insecure and precarious.

" We humbly conceive, that this bill, if passed into a law, will be
■•onlrary, not only with the compact entered into with the various set-
tlors, of the reform.dd religion, who were invited into the said province
under the sacred promise of enjoying the benefit of the laws of your
realm of England, but lu.ewise repugnant to your royal proclamation
of the 7th of October, 1763, for the speedy settlement of the said new

government

=' That, K^onsistent with the public faith pledged by the said procla-
mation, your Majesty cannot erect and constitute courts of judicature
Mvi public justice for the hearing and determining all cases, as well
civil as criminal, within the said province, but as near as may be
ai^reeable to the laws of England ; nor can any laws, statutes, or ortli-
nauces, for the public peace, welfare, and good government of the said
province, be made, constituted or ordained, but according to the laws
of tliis realm.

" I'hat the Roman catholic religion, which is known to be idolatrous
<Tnd bloody, is established by this bill, and no legal provision is made
for the free exercise of our reformed faith, nor the security of our pro-
festant fellow-subjects of the church of England, in the true worship of
Almighty God, according to their consciences.

" That your Majesty's illustrious family was called to the throne of
the.se kingdoms in consequence of the exclusion of the Roman-catholic
iucieut branch of the Stuart line, under the express stipulation that

:!i!

1760

to
1774.

Chap, previously stated was slender. According to
^' Mr. Smith, {History of Canada) the whole
duties on wine and spirituous liquors collected
at the port of Quebec, for the three years
preceding 1766, only amounted to £2,327,
Halifax currency. By the Receiver General's
accounts, observes the same gentleman, the
territorial revenue for the thirteen years from
1st May, 1775, to 1st May, 1788, comprehend-

they should profess the protestant religion, and according to the oati)
established by the sanction of parliament in the first year of the
reign of our great deliverer King William the Third, your Majesty
at your coronation hns solemnly sworn that you would, to the
utmost of your power, maintain the laws of God, the true profession
of the Gospel, and the protestant reformed religion established by law.

■' That although the term of imprisonment of the subject is limite<l
to three months, the power of fining is left indefinite and unrestraine<l,
by which the total ruin of the party may be effected by an enormous
atni excessive fine»

" That the whole legislative power of the province; is vested in per-
sons to be wholly appointed by your Majesty, and removable at your
pleasure, which we apprehend to be repugnant to the leading pnnci-
pies of this free constitution, by which alone your Majesty now holds,
or legTilly can hold, the imperial crown of these realms.

'^ That the said bill was brought into parliament, very late in the
present session, and after the greater number of the members of the two
houses were retired into the country, so that it cannot fairly be pre-
sumed to be the sense of those parts of the legislature.

"■ Your petitioners, therefore, most liumbiy supplicate your Ma-
jesty, as the guardian of the laws, liberty, and religion of your people,
and of tlie great bulwark of the protestant faith, that you will not give
your royal assent to the said bill.

« •' And your petitioners, as in duty bound, will ever pray."

Extract of an Addrc^'i to the people of Great Britain, from
the Delegates appointed by the several English Colonies of Netc
Hampshirey- Massqchxiseti^ Bay, Rhode Island, and Providence
riantationSyConnecticut, New York, New Jersey ^ Pennsylvania,
the lower Counties on Delaware, Maryland, Virginia, North Ca-
rolina, and South Carolina, to consider of their grievartces in
Ger^eral Congress, at Philadelphia, September 5th, 1774 .* —

" Well aware that such hardy attempts (to take our property from
iw — to deprive us of that valuable right of trial by jury — to seize our
persons^ and carry us for trial to GreatBritain— to blockade our port>

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 disperse<l

nj.iety, bigotry, persecution, murder, and rebellion, through every
kilt of the world."

1774.

Chap, protected, governed and ordered for a long
'• series of years, from the first establishment of

,7^0 Canada ; arid it reinstated, or rather continued
to and established the civil laws of the country,
which practically, with respect to property and
civil rights, had been observed since the con-
quest, as just stated.

The existing commission, under authority of
which the government was administered, and
all ordinances by the governor and council of
Quebec, for the time being, relative to the
civil government and administration of justice,
and all commissions to judges and other officers
were revoked and made null by the Act. The
exercise of the Roman catholic religion was
declared free, and the clergy thereof maintain-
ed in their accustomed dues and rights, with
respect to such persons only as professed the
said religion, which thus became established
by law, in this part of the British empire in
virtue of an Act of Parliament, while, at home,
and in other parts of the empire, persons pro
fessing the religion of Rome still laboured undei
the most galling disabilities on account of their
religious creed.

All His Majesty's Canadian subjects within
the Province of Quebec, the religious orders
and communities only excepted, (nor were any
of these, in tact, ever divested of their pro-
perty, of which to the present time they
remain in undisturbed possession, except the
Jesuits, whose order had been suppressed by
a papal brief,) were secured in their property

or a long
shment of
continued
3 country,
>pevty 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
<ireto the Town, in different places, on the night of the 21st May. The
rime of arson was proved by witnesses against Beaudoin, but he was
>lace<i on the rack in order to discoverVhether he had any accomplices.
iie suli'ered this punishment without making any declaration, and was
[liiially executed.

The punishment of the rack was frequently applied to criminals, and
one instance on a female for having hidden the birth of an illegitimati..

rhap sisting of not more than twenty-three, nor le?s
^^ than seventeen persons, which council, with
lyiJJ^ consent of the governor,or commander inchiel
i? for the time beings was to have power to make
'ordinances for the peace, welfare and goon'
government of the province. They were not,
however, to lay on any taxes or duties ex-
cept such as the inhabitants of any town or
district might be authorised to assess and
levy within its own precincts for roads or
other local conveniences : — No ordinance
touching religion nor by which any punish-
ments could be inflicted greater than fine
(which, however, as to amount, strange to say,
was unlimited,) or imprisonment for three
months Was to have any force or effect until
it received his Majesty's approbation ; — nor
were any ordinances to be passed at any meet-
ing of the Council where less than a majority
of the whole body should be present ; nor at
any time except between the first of Januar
and first of May, imless upon some urgent
occasion, in which case, every member thereof
resident at Quebec, or within fifty miles of it,
was personally to be summoned by the Gover-
nor. Every ordinance passed was to be trans-
mitted within six months next after enactmeijc,

child. — In another instance a negro female, for having set fire to)i-^r|
master's house, was condemned to be burnt at the stake, after havii-j]
been hung on the gallows.

The authenticity of the above taken from old manuscript judicial re* I
cords and papers in possession of G. B. Faribault, Esqr. , one of the V ict* j
Presidents of the Literary and Historical Society of Quebec, may h*. >
lied upon. — It shews that the rack actually was in use in Caaada,
very short period before the conquest.

tor His Majesty's approbation, and if disallow- chap.
ol to be null from the time the disallowance ^•

"-ere promulgated at Quebec. ^J^^^

Such were the principal provisions of this to
important Act, known as ** the Quebec Act," ^'^^^^
which gave to the conquered people of Canada
almost a national existence, and under which
I the province was governed until divided into
'the two provinces of Upper and Lower Cana-
da, that is to say, from October 177-1, when
the Act came into operation, to the 26th
December 1791, when the provisions of ano-
ther Act (31 Geo. 3, ch. 31,) of still greater
importance superseded it by the constitutions
conferred upon those provinces, which also in
[their turn, owing to the failure of that of Lower
ICanada, after a fair trial of nearly fifty years,
[it has been found necessary in like manner
io supersede by the reunion of those pro-
fvinces effected by a recent Act (3 and 4
|Vict. ch. 35,) of the parliament of the United

kingdom. Several useful laws were passed

luring this regime, and in particular that
ielating to the Habeas Corpus, by an ordi-

laiice in 1785, intituled *« An Ordinance for
securing the liberty of the subject and for
the prevention of imprisonment out of the
Province." ^

The American revolutionary war breaking

►ut shortly after the passing of the Quebec
[Act, matters in Canada remained in a state of

suspense during the war, in which the new

bubjects feeling little or no interest took no

'11

iiis

Chap, very decided or active part. It was a quarrel
* between Great Britain and her own offspring,
'^'^the motives to which, on either side, wer(
• to foreign to the inhabitants of the recently, ac-
^^^^' quired possessions, ^peopled by inhabitants ol
French descent. They, indeed, could scarcely
be expected, in the transition they so re-
cently had undergone from the dominion oi
their hereditary monarch to that of a foreisjn
king whose beneficence they were but begin-
ning to feel, as yet cordially to espouse the
cause of the latter in a matter which could
have so little bearing, as they understood its
on their immediate interests. There were in-
stances, it is true, of defection and of consi-
derable marauding parties attendant upon and
in the trail of the provincials from JNew England,
who in 1775 and subsequently made irruptiorib
into Canada, in the revolutionary service, and
from which they w^ere driven with disgrace, after
suffering a signal defeat at Quebec, by a handful
of sailors and loyal citizens of the two origins
who had organized themselves for its defence,
— and there were also, it should be observed,
instances of adherence on the part of several of
His Majesty's new , subjects, of active loyalty
and of services highly honorable to them, which
it needs not the pen that traces these lines to
commemorate. — They are already inscribed on
the page of history, by abler pens. — But there
was no rising en masscy no organization for co-
operation in the revolutionary cause, nor, so
far as we know or can learn, agitation wiil^

i7Ha

1771.

mv such view among any considerable portion chap.
>f,' or influential persons of the Canadian peo- J^^
j1(^. — On the contrary, those who at that period
)ossessed their confidence and were looked up
lo by them, are known to have rejected all
)roposilions, conveyed through delegates and
Jlhers from the revolutionary authorities in the
[evolted colonies, of a character to disturb their
illegiance, or to sever Canada from its de-
)endence upon the British Crown.* Some

ill probably be of opinion, that all things con-*
lidered, it was enough (and so it may be) that

ley did not turn upon their recent conqueror in
[he time of his need, and that to their forbear-
ince or.supineness, the reader may view it as
le pleases, the preservation of the Colony to
jreat Britain is, mainly due. This, however,
Is but a negative kind of merit, and in sober
Iruth, may be all that can be claimed for them
)n that occasion. But not so, however, with
respect to one of more recent date and still
greater importance, as will be seen as we pro-
ceed, in which the zeal, unshaken loyalty, and
ictive service of the Canadian population,
|n co-operation with their fellow-subjects of
British origin in both Canadas, saved them .
rom the grasp of our greedy and insatiable |
leighbours, (as in case of need they again!
pould,) in the war of 1612 against England,!
7ainly counting upon the disloyalty and treason!
)rher North American Provinces, and in parti- j
Hilar of her subjects of French origin in Lower

• See t'^e Address at the end of this Chapter.

Chap. Canada, in which they were woefully in error,

^■^ as, to their cost, they found.

"[760 ^t is not intended, as the reader will have

^y^^, understood from the title page, to go into the
* military operations in Canada during the Ame-
rican revolutionary war. They are only inci-
dentally here alluded to, as illustrative to a cer-
tain degree of the state of the country, feeling
and disposition of the population that afterwards
constituted the Province of Lower Canada, a
sketch of whose political history, during its late
constitution and existence as a province, we
are endeavoring to lay before him. That part ol
the province of Quebec which subsequently
became Upper Canada w^as then little better
than a vast wilderness. If the writer, as it is
his desire, shall succeed in recording faithfully
and impartially, things as they have occurred,
explaining those that have been misrepresented

^ from party spirit or by malevolence, or that in
good faith have been misunderstood, and in
pointing out the course, which, while followed
by our good ship, " the Constitution," was pros-
perous and promised us the most successful
results, and above all, in marking the fatal
shoals and rocks carefully to be hereafter
avoided by succeeding voyagers, upon which,
in deviating from the proper route, it finally

'\ was cast away, his object will be accomplished.
He is fully aware of the difficulty of the task
he is imposing upon himself. — That he has to
guard against his own prepossessions and pre-
judices — that his work is one merely of narra-

Ion and not of creation, and that he must not chap
ISO sight of these important considerations in '
progress. ]m)

■ to

dJrcss of the General Cong^ress to the Inhabitants of thr 1771.
Province of Quebec,

I H'jids and Fellow-subjects,

We, the delegates of the colonies of New-HampRliire,

nssachuselts Bay, Rhode Island, and Providence Plan-

tiDfis, Connecticut, New York, New-Jersey, Peiinsyl-

iiiia, the counties of Newcastle, Kent, and Sussex on the ^

eluware, Maryland, Virginia, North-Carolina, and South-

)aroIina, deputed by the inhabitants of the said Colonies,

cpresent them in a general congress at Philadelphia, in
le province of Pennsylvania, to consult together of the
)v.-A methods to obtain redress of our afllicting grievances,
laving accordingly assembled, and taken into our most seri-
ous consideration the state of public affairs on this conti-
jent, have thought proper to address your province, as a
iiember therein deeply interested.

When the fortune of war, after a gallant and glorious
resistance, had incorporated you with the body of English
subjects, we rejoiced in the truly valuable addition, both on
)ur own and your account ; expecting, as courage and
generosity are naturally united, our brave enemies would
)ecome our hearty friends, and that the Divine Being would
bless to you the dispensations of his over-ruling Providence,
hy securing to you and your latest posterity the inestimable
id vantages of a free English constitution of government,
;'hich it is the privilege of all English subjects to enjoy.

These hopes were confirmed by the King's proclamation,
Issued in the year 1763, plighting the public faith for your
^full enjoyment of those advantages.

Little did we imagine that any succeeding ministers
would so audaciously and cruelly abuse the royal authority,
is to withhold from you the fruition of the irrevocable
rights, to which you were thus justly entitled.

But since we have lived to see the unexpected time,
when ministers of this flagitious temper have dared to vio-
late the most sacred compacts and obligations, and as you,

I i|

III

Ch n>. cdui'Qled under another form of government, have artfully

'• been kept from tli.icoveririjr the unspeakable worlli of that

^"""""^ form vou are now iiHiloubtodly entitled to, we esteem it oiu

"^" tliily, for the weighty reasons hereinafter mentioned, to

1774. <'^plo''' to yoi' some of its most impoiiant branches.

*' In every luiman society, (says the celebrated Marquis
Heccaria) there in an effort continually teruling to confer on
t»ne part the height of power and happiness, and to reducr
the other to the extreme of weakness arid niisery. The
intent of good laws is to oppose this effort, and to diffuw;
. their influence universally and equally.''

Rules stimulated by this pernicious " effort," and sub-
jects, animated by the just " intent of opposing good laws
aiiainst it," have occasioned that vast variety of eventtr,
that fill tlie histories of so many nations. All these histtH
ries demonstrate the truth of this sinji)le position, that to live
by the will of one man, or set of men, is the j)r(uluctioh t»r
misery to all.

On the solid foundation of this principle, Englishmen
renred up the fabric of their constitution with such a
>trength, as for ages to defy time, tyranny, treachery, inter-
nal and foreign wars : and as an illustrious author* of your
nation, hereafter mentioned, observes, *' They gave the*
people of their colonies the form of their own govern-
ment, and this government carrying prosperity alont;
with it, they have grown great nations in the forests they
were sent to inhabit."

in this form the first grand right is, that'of the people hav-
ing a share in their ovn government, by their representa-
tives, chosen by themselves, and in consequence of being
ruled by laws which they themselves approve, not by edicts
of men over whom they have no controul. This is a bul-
wark surrounding and defending their property, which by
their honest cares and labours they have acquired, so thai
no portions of it can legally be taken from them, but with
their own full and free consent, when they in their judg-
• nient deem it just and necessary to give them for public
services ; and precisely direct the easiest, cheapest, and
most equal methods, in which they fhall be collected.

Montesquieu,

1»

Tl»e influence of this right extends still further. If money ciiap.
< wanted by rulers, who have in any inuimer uppressed the I.
.r.«,)lo, they may retuin it, until tijeir grievances are ro-
l,,-,>r»il ; and thui peaceably procure relief, without trust-
liii. t,. de.-^ipised jietitions, or (hsturbinj^ the public tranquillity.

The next great right is that of trial by jury. This pro-
Iviiies, that neither life, liberty^ nor property can be taken
it»ni the possessor, until twelve of his unexceptionable
Ic.(>tiiit:ymen and peers, of his vicinage, who from tlieir
iiii'ij^iibourhood may reasonably be supposed to bo acquaint-
\i\ with nirt character, and the characters of the vvitnesdes,
upon a fair trial, and full enquiry, face to face^ in open
roiirl, before as many of the ))eople as choose to attend,
^ll;lll i)ass their sentence U[)on oath against him ; a sentence
tluit cannot injure him, without injuring their own reputa-
tion, and probably their interest also ; as tlie question may
turn on j)oints that, in some degree, concern the general
welfare: and if it does not, their verdict may form a prece-
dent, that, on a simih'r trial of their own, may militate
i^ainst them.

Another right relates merely to the liberty of the person.
If a subject is seized and imprisoned, though by order of
Mivernment, he may, by virtue of this right, immediately
-Miain a writ, termed a Habeas Corpus, from a judge,who8e
sworn iluty it is to grant it, and thereupon procure any ille-
'Jm\ restraint, to be quickly enquired info and redressed.

A fourth right is, that of holding lands by the tenure of
easy rents, and not by rigorous and oppressive services,
iVequeiitly forcing the possessors from their families and
their business, to perform what ought to be done, in all
\vt)ll regulated states, by men hired for the purpose.

The last right we shall mention, regards the freedom of the
press. The in)portance of this consists, besides the advance-
ment of truth, science and morality, and arts in general, in
it>: diffusion of liberal sentiments on the administration of
-government, its ready communication of thoughts between
>iibjerts, and its consequential promotion of union among
them, whereby oppressive officers are shamed or intimi-
tl'.iled into more honourable and just modes of conducting
iaflairs.

These are the invaluable rights that form a considerable

f! Ml

Chap. P^"^ °^ ^^^^ ^*'^*^ system of government : that sending its

I. equitable energy througli all ranks and classes of men, de-

^-«-^^»^ fends the poor from the rich, the weak from the powerfuF, the

17W industrious from the rapacious, the peaceable from the vio-

^^ lent, the tenants from the lords, and all from their superiors.

These are the rights, without which a people cannot be
free and happy, and under the protection and encoui-eging
influence of which, these colonies have hitherto so amaz-
ingly flourished and increased. These are the rights a prof-
ligate ministry are now striving, by force of arms, to ravish
from u?, and which we are, with one mind, resolved never
to resign but v»'ith our lives.

These are the rights you are entitled to, and ought at this
moment in perfection to exercise. And what is oflered to
you by the late act of parliament in their place ? Liberty of
conscience in your religion ? No. God gave it to you ; and
the temporal powers with which you have been and are con-
nected firmly stipulated for your enjoyment of it. If laws
divine and human, could secure it against the despotic capa-
cities of wicked men, it was secured before. Are the French
laws in civil cases restored ? It seenjs so. But observe the
cautious kindness of the ministers who pretend to be your
benefactors. The words of the statute art*, that those "laws
shall be the rule, until they shall be varied or altered by any
ordinances of the governor and council.'' Is the " certainty
and lenity Of the criminal law of England, and its benefits
and advantages," commended in the said statute, and said
to " have been sensibly felt by you," secured to you and
your descendants ? No. They too are subject to arbitrary
*' alterations" by the governor and coimcil ; and a power is
expressly reserved of *' appointing such courts of criminal,
civil, and ecclesiastical jurisdiction, as shall be thought pro-
per." Such is the precaripus tenure ofmere will, by which
you hold your lives and religion.

The crown and its ministers are empowered, as far. as
they could be by parliament, to establish even the inquisition
itself among you. Have ^m^u an assembly composed of wor-
thy men elected by yourselves, and in whom you can con-
fide, to make laws for you, to watch over your welfare, and
to direct in what quantity, and in what manner your money
shall be taken from you ? No. The power of making laws

ute, and said

for you is lodged in the governor and council, all of them de* Chap,
pendent upon, and removeable at the pleasure of a minister. *•
I — Besides, another late statute, made without your consent, ^'^
I bus subjected you to the imposition o( excise^ the horror of *^*^
rU iTQe states ; they wresting your property from you by the 1774^
I most odious taxes, and laying oj>en to insolent tax-gaiber-
jers, houses the 8»*enes of domestic peace and comfort, and
culled the castles of English subjects in the books of their
laws. And in the very act for altering your government,
and intended to flatter you. you ait) not authorised to " assess,
levy, or apply any rales and taxes, but for the inferior pur-
poses of making roads, and erecting and re^xiiring public
wuildingSi or for other local con'-eniences, within your
respective towns and districts." Why this degrading dis-
tinction ? Ought not the property honestly acquired by C«-
Uiadians to be held as sacred as that of Englishmen?
JHave not Canadians sense enough to attend to any other
[public affairs, than gathering stones tVom one place and pil-
ing them up m another? Unhappy people! who are not
[only injured, but insulted. Nay more ! — With such a super-
lative contempt of your understanding and spirit has an inso-
|lent ministry presumed to think of you, our respectable fel-
low-subjects, according to the information we have received,
as firmly to persuade themselves that your gratitude, for the
injuries and insults they have recently offered to you, will
|OMgage you to take up arms, and render yourselves the ridi-
jcule and detestation of the world, by becoming tools, in
[their hands, to assist them in taking that freedom from us,
I which they have treacherously denied to you ; the unavoid-
!aMo consequence of which attempt, if successful, would be
|i!ie extinction of all hopes of you or your posterity being
ever restored to freedom : for idiotcy itself cannot believe,
tiiat, when their drudgery is performed, they will treat you
kviih less cruelty than they have us, who are of the same
[Mood with themselves.

What would your country man, the immortal Montesquieu,
mnve said to such a plan of domination, as has been framed
{tor you ? Hear his words, with an intenseness of thought
^uited to the importance of the subject. — ** In a free state,
|i very man, who is supposed a free agent, ought to be con-
limed in his own government ; therefore the legislaiive

i>'

Cfmp. should reside in the whole body of the people^ or their repr>-
sentativesJ^ — '■'• The political liberty of the subject is a trari-
j-j.^ quiUity of mi7id^ arising from the opinion each person h;t
Q of his safety. In order to have this liberty, it is* requisii-
1774 tlie governnient be so consiituted, thai one man need not b ■
afraid of another. When the power o( making laws, ^il
the power of executing them, are united in the same pei-
son, or in the same body of magistrates, there can be ii
liberty; because «nnnhensions may arise, lest the sani'
monarch or senate ^\\<m\d enact tyrannical laws, to execu'
them ni a tyrannical manner.-'

''' The power <)( judging should be exercised by person^
taken from the body of ike people, at certain times of tbc
year, and pursuant to a form and manner prescribed by lavs.
There is no liberty, if the power oi judging be not sepnrati i
from the legislative and executive powers."

** Military men belong to a profession which may If
useful, but is often dangerous." — The enjoyment of liberty,
and even its support and preservation, consists in eveiv
mairs being allowed to speak his thouglusj and lay ©[en hi.^
sentiments."

Apply these decisive maxims, sanctioned by the authori'v
of a name which all Europe reveres, to your own state
You have a governor, it may be urged, vested with the exr^
cutive powers, or the powers of ad ministration , In him.
and in your council, is lodged the power of making law .
You have judges^ who are to decide every cause aiTectinu'
your lives, liberty or property. Here is, indeed, an appear-
ance of the several powers being separated and distribute
into different hands, for checks one upon another, the on'v
eflectual mode ever invented by the wit of men, to promote
their freedom and prosperity. But scorning to be illuded by
,a tinselled outside, and exerting the natural sagacity ol
Frenchmen, examine the specious device, and you will fim!
it, to use an expression of Holy Writ, '* a painted sepul-
chre," for burying your lives, liberty and property.

Your judges, and your legislative council, as it is called,
are dependent on your governor, and he\s dependent on t) t
sen-^ant of the crown in C real Britain. The Icgislaiivu
executive, and judging powers are all moved by the noil^
of a minister. Privileges and immunities last no longer thnii

1 \

or their reprr-
iject is a tran-
ich person b;.

it is» requisii'
m need not b
ing laws, Viii

the same pei-
kere can be n-

lest the sani"
\vs, to execul

which maij /.
^'mentofhberty.
insists in eyerv
md lay oien hi

by the authoriiy
our own state,
ed with the exr^
ation. In hiui,
f making law
cause aflectini:
eed, an appear
and distribute
other, the on^v
en, to promoip
to be illuded by
Iral sagacity «»
[nd you will fiml
painted eepiil
perty.

:, as it is callet^

\ependent on t) t;

The legislative,

ed by the noil:'

no longer thnii

his smiles. When he frowns, their feeble forms dissolve, chan.
Such a treacherous ingenuity has been exerted in drawing I.
ni) the code lately otTered you, that every sentence begin- v-»-v-^
ninii with a benevolent pretension, concludes with a des- *7()0
tractive: and the substance of the whole, divesited of its ^^,
ismooth words, is— that the crown and its minister shall be
[as I'.bsolute throughout your extended province, as the des-
pots of Asia and Africa. What can protect your property
iom taxing edicts, and the rapacity of necessitous and cruel
liuasters'? your persons Uom lettres de cachet, gaols, dun-
geons, and oppressive service ? your lives and general liberty
rom arbitrary and unfeeling rulers ? We defy you, casting
our view upon every side, to discover a single circum-
tancc, promising from any quarter the faintest hope of liber-
y to you or your posterity, but from an entire adoption into
ic union of these colonies.

What advice would the truly great man before mentioned, ;
;li;U ardvocate of freedom and humanity, give you, .was he
low living, and knew that we, your numerous and powerful
tiii'hbours, animated by a just love of our invaded rights,
nd united by the indissoluble bands of affection and interest,
|alled upon you, by every obligation of regard for yourselves
nd your children, as we now do, to join'us in our righteous
nlest, to make a common cause with us therein, and to
(ike a noble chance of emerging from a humiliating subjec-
lon under governors, intendants, and military tyrants, into
e firm rank and condition of English freemen, whose cus-
m it is, derived from their ancestors, to make those tremble
ho dare to think of making them miserable.
Would not this be the purport of his address ? " Seize the
Importunity presented to you by Providence itself. You have
en conquered into liberty, if you act as you ought. This
ork is not of man. You are u smaH people, compared to
lose who with open arms invite you into a fellowship. A
loment's reflection should convince you which will be most
ir your interest and happiness^, to have all the rest of North
imerica your unalterable friends, or your inveterate ene-
es. The injuries of Boston have roused tind associated
ry colony, from Nova Scotia to Georgia. Your province
the only link that is wanting to compleie the bright and
;ong chain of union. Nature has joined your country to

■'m

: 1
1';

Chap, theirs. Do you join your political interests. For their own

I- sakes they never will desert or betray you. Be assured th.-t

^-^""*^ the happiness of a people inevitably depends on their libertv,

^^^^^ and their spirit to assert it. The value and extent of the

j^y^ advantages tendered to you are immense. Heaven grant you

may not discover them to be blessings after they have'bia

you an eternal adieu.

We are too well acquainted with the liberality of sen; -
ment distinguishing your nation, to imagine, that differen' c
of religion will prejudice you against a hearty amity with mi.
You know, that the transcendent nature of freedom elevat '
those, who unite in the cause, above all such low-mind* i
infirmities. The Swiss Cantons furnish a memorable pro »t
of this truth. Their union is composed of Catholic and Pr. .
testant states, living in the utmost concord and peace wiih
one another, and thereby enabled, ever since they bravfv
vindicated their freedom, to defy and defeat every tyrj ;r.
that has invaded them.

Should there be any among you, as there generally are in
all societies, who prefer the favours of ministers, and the
own interests, to the welfare of their country ; the temper ; f
such selfish persons will render them incredibly active in
opposing all public-spirited measures, from an expectatioh rf
being well rewarded for their sordid industry by their su; e-
riors ; but we doubt not you will be upon jOur guard aga; i^tl
such men, and not sacrifice the liberty and happiness m
the whole Canadian people and their posterity, to gratify hel
avarice and ambition of individuals.

VVe do not ask you, by this address, to commence ho tl
lities against the government of our common sovereign. VVp|
only invite you to consult your own glory and v»^elfare, ; ni
not to suffer yourselves to be inveigled or intimidated by|
infamous ministers so far as to become the instrument
their cruelty and despotism, but to unite with us in om
social compact, formed on the generous principlee of eoiiall
liberty, and cemented by such an exchange of beneficial ;m(
endearing offices as to render it perpetual. In order to cvm
plete this highly desirable union, we submit it to your (oh
sideration, whether it may not be expedient for you to u\i
together in your several towns and districts, and elect dopii
ties, who after meeting in a provincial congress, may clu

delegates, to represent your provii\ce in the continental con- chap.
gre9s,to be held at Philadelphia,on the tenth day of May,1775. I.

In this present congress, beginning on the fifth of last^-^^-*^
month, and continued to this day, it has been with universal 1760
T)icasure, and an unanimous vote, resolved, that we should . Ji*.
consider the violation of your rights, by the act for altering
the government of your province, as a violation of our own ;
and that you should be invited to accede to our confedera-
tion, which has no other objects than the perfect security of
liie natural and civil rights of all the constituent members,
according to their respective circumstances, and the preser-
vation of a happy and lasting connection with Great Britain,
on the salutary and constitutional principles herein before
mentioned. For effecting these purposes, we have address-
ed an humble and loyal petition to his Majesty, praying
relief of our grievances ; and have associated to stop all im-
portation from Great Britain and Ireland, after the first day
of December, and all exportation to those kingdoms and the
West Indies, after the tenth day of next September, unless
the said grievances are redressed.

That Almighty God may incline your minds to approve
our equitable and necessary measures, to add yourselves to
us, to \>i your fate, whenever you suffer injuries which you
are determined to oppose, not on the small influence of your
single province, but on the consolidated powers of North
America, and may grant to our joint exertions an event as
happy as our cause is just, is the fervent prayer of us, your
sincere and affectionate friends and fellow-subjects.

By order of the Congress,

Oct 26, 1774.'. Henry Middleton, Presdt.

The above document fell to the ground, still-
iborn as it were, not one habitant of a thousand
:in Canada, ever having heard of it. There was,
; indeed, but one press, and that an English one,

in the Province at the time, and it was introduc-
led subsequently (there being none previous) to
[the conquest, for the publication of the Quebec

Gazeltey first issued in 1764.

ili

CHAPTER IL

Extracis from the Reports of Mr. Solicitor General Wed
derburne, (in 1772) and Mr. Attorney General Thurlow
(in 1773) to His Majesty George the Third, pursuant l(.
His Majei>ty*s Order in Council, relative to the Laws aiut
Courts of J"dicat"re of Quebec, and Government of tha;
Province — remarkable for their liberality towards th^
King's new subjects — their soundness and justice.

^j*/*/"' It is but fair to apprise the reader that thi
v--.^ present js a cha].»ter wholly of " quotations,''
1760 bu^ fi-Qjji unquestionable sources, rich and ad
1774. mirable in their way, and which he who would
like a more ample sketch of the affairs ol
Canada, previous to the passing of the Quebec
Act, than that we have just gone through pre-
sents, had as well read. It will afford him not
only a better insight into the then actual state
of the country, its laws and institutions, but
also of the just and liberal policy that influen
ced the statesmen of the day in the passing of
that important measure. They also who opine
that ignorance of and indifference to the con-
cerns of Canada have invariably characterised
the home government, and who will neither give
credit to it for, nor recognise in British states-
men, of whatsoever denomination, intelligence,
generosity nor justice in their treatment of this
country, that is, of Lower Canada, and par-
ticularly towards that part of its population of
French origin, may, if they are for the moment

i76n

1774.

liberally disposed, peruse it to advantage. Incjup
either case the raider's lime will not be lost. "•

A roor. faithful picture need not be sought
of the iitatr vof Canada, than that we find in the
reports to His M^^esty of Mr. Attorney General
Thurlow, and the Solicitor General Wedder-
burne, the former dated 22d January 1773,
and the Int* 6th December 1772, in conse-
quen« '^ cf rc'^erences to them by order of the
King in Council. — They were directed by His
Majesty's orders of 14th June 1771, and 31st
July 1772, " to take into consideration several
" reports and papers relative to the laws and
*' courts of judicature of Quebec, and to the
" present defective mode of government in that
<' Province, and to prepare a plan of civil and
" criminal law for the said Province, and to
'' make their several reports thereon." It was
most probably in accordance with the views of
these gentlemen upon the matters referred to
them, concurred in by Mr. Marriott's report
of 1773, already familiar to those conversant
with the Canadian history of that period, that
the Quebec Act of 1774 was framed, and
whether enlightened and liberal, the reader
kill determine.

From these reports, not hitherto published,
t least nc in any work that has fallen under
the observation of the writer of this narrative,
he following extracts are deserving of especial
lotice. " I have taken (says the Solicitor
Teneral Wedderburne, whose report in point
f date precedes the Attorney General's, and

Chap, we therefore take it first,) the same (the sub-
^^ jects referred to him) into consideration, and
"Ttbo in the course of my reflections upon the sub-
^o ject, I have found myself led into a discussion
^^^^' of the form of government, and of the rel'gion
of the Province, which must necessarily nave
great influence upon the plan of civil anH cri-
minal law proper to be adopted there. I have,
therefore, presumed to form some ideas upon
both those heads as necessarily connected with
the more immediate object of reference, and
humbly to submit the result of my observ Jons
upon so important and so difficult a vsubject,
under the following heads : —

First — The Government of the Province.

Secondly — The Religion of the Inhabitants.

Thirdly — The Civil and Criminal Laws.

Fourthly — The Judicatures necessary to
carry those laws into execution.

" Canada is a conquered country. The capi-
tulations secured the temporary enjoyment ol
certain rights, and the treaty of peace contain-
ed no reservation in favor of the inhabitants,
except a very vague one as to the exercise ol
religion. Can it therefore be said that, by
right of conquest, the conqueror may imp "se
such laws as he pleases? This proposition
has been ' maintained by some lawyers who
have not distinguished between force and right.
It is certainly in the power of a conqueror to
dispose of those he has subdued, at discretion,
and when the captivity of the vanquished was
the consequence of victory the proposition

1760

to
1774.

might be trji©; but in more civilized times, chup.
when the object of war is dominion, when sub- J^
jects and not slaves are the fruits of victory, no
other right can be founded on conquest but
that of regulating the political and civil govern-
ment of the country, leaving to the individuals
the enjoyment of their property, and of all pri-
vileges not inconsistent -with the security of the
conquest. ; ,

" The political government of Canada, be-
I'ore the conquest, was very simple ; for, what-
ever appearance of r^ larity of controul and
limitation the Arrets and Commission present,
all power, in fact, resided in the Governor and
the Intendant. The Superior Council was
generally at their devotion. They had xhf
command of all the troops, of all the revenues,'
and of all the trade of the country. * They had
also the power of granting land ; and in con-
junction with the bishop, they had so superior-
an interest at the Court of France, that no com-
plaint against their conduct was dangerous to
their authority. This was the state of Canada
till the treaty of peace. Upon the reduction
of the province, a military government took
place, and the change was not very sensible to
the inhabitants.

" After the treaty of peace, a government
succeeded which was neither military or civiJ,
and it is not surprising that the Canadians
»hould have often expressed a desire to return
[to a pure military government, which they had

and to be less oppressive. Such a govern-

i-l

!■'

^^il^- ment, however, is not formed for duration, and

s^v^in a settlement which is to become British,

'^^f* could not be endured beyond the* limits of a

1774. garrison. •

" The first consideration, in forming the po-
litical constitution of a country is, in what man-
ner the power of making laws shall be exer-
cised. If it were possible to provide every
necessary regulation for a distant province, by
orders from England, it might, perhaps j be the
most eligible measure to reserve that authority
entirely to the British legislature. But there
must be many local interests of police, of com-
merce, and of political economy, which require
the interposition of a legislative power, ac-
quainted with the affairs, and immediately inte-
rested in the prosperity of a colony. In all the
British colonies, that legislative power has been
entrusted to an Assembly, in analogy to the
constitution of the mother country. The most
obvious method would then be, to pursue the
same idea in Canada ; but the situation of that
country is peculiar. The Assembly must either
be composed of british subjects, or of british
and Canadians.

*^ In the first case, the native Canadian would
feel the inequality of his situation, and think
(perhaps truly) that he should be exposed to
the oppression of his fellow-subjects.

" To admit the Canadian to a place in that
Assembly (a right, which, from the nature of a
conquest he has no absolute title to expect,'
would be a dangerous experiment with nej^

17«i)

to *

1774.

subjects, who should be taught to obey as well chap
as to love this country, and, if possible, to che- ''
rish their dependence upon it. Besides, it"^^
would be an inexhaustible source of dissension
;uid opposition between them, and the British
subjects. It would be no less difficult to define
the persons who should have a right to elect
the Assembly. — To exclude the Canadian sub-
ject would be impossible, for an Assembly cho-
sen only by the British inhabitants, could no
more be called a representative body of that
colony, than a council of state is. To admit
every Canadian proprietor of land would be
ilisgusting and injurious to all the men of con-
dition in the Province, who are accustomed to
ieel a very considerable difference between the
seignior and the censier, though both are alike
proprietors of land. Nor would it be beneficial
10 men of inferior rank ; for every mode of rais-
ing them to the level of their superiors, except
hy the efforts of their own industry, is perni-
cious. It seems, therefore, totally inexpedient
it present to form an Assembly in Canada.
The power to make laws could not with safety
he entrusted to the Governor alone ; it must,
therefore, be vested in a Council consisting of
a certain number of persons, not totally depen-
dent upon the Governor.

<* The Chief Justice, the Attorney General,
the Judge of the Vice Admiralty, the Collector
of the revenue, and the Receiver General, (if
these officers were obliged, as they ought, to
reside there,) should hold a seat by virtue of

'I In

IN S.

Chap, their office ; the other members to be nomi-
" nated by your Majesty, and to be removed only

"^ by your royal orders.
to «• As power lodged in few hands is some-

'^^'** times liable to be abused, and always subject
to suspicion, some controul to this authority is
necessary. The first is, the establishment of a
general system of laws for the colony. The
second is, that in matters of taxation, in those
which affect life, and in those which import an
alteration of the established laws, no ordinance
of the Council should have effect till it is con-
firmed in Great Britain. The third is, that it
should not be in their power at all times to act
as a legislative body ; but that, their session
should be confined to the period of six weeks
previous to the opening of the navigation to
Britain, and at no other time should they be
assembled in that capacity, except upon some
urgent occasion.

" Under these restraints, it seems reasonable
that the power of making laws should be en-
trusted, for a limited number of years, to this
Council, who will be enabled, from their know-
ledge of local circumstances, to form the neces-
sary detail for executing the plan of laws to be
transmitted to them, the regulations for the
police of the country, for the administration of
justice, for the collection of the revenue, and
the improvement of trade and agriculture ; and
being bound down by certain rules upon the
great objects of legislation, and subject to
the constant inspection of government, they

will be sufficiently restrained from abusing the chap,
power committed to them. ^*

" As the immediate power of taxation is not'Troo
intrusted to this Council, it is necessary that t*>
a revenue should be provided under the autho-
rity of an Act of Parliament, for which no bet-
tor plan can be formed than that which hay
already been proposed to the Commissioners
of your Majesty's Treasury, for raising a fund
10 defray the expenses of government in the
Province of Quebec, by a tax upon spirituous
liquors.

" The religion of Canada is a very important
part of its political constitution. The 4th arti-
cle of the treaty of Paris, grants the liberty of
the Catholic 'eligion to the inhabitants of Ca- -
nada, and piovides that His Britannic Majesty
should give orders that the catholic subjects .
may profess the worship of their religion ac-
cording to the rites of the Romish church, as
far as the laws of England will permit. This
qualification renders the article of so little
effect, from the severity with which (though
seldom exerted) the laws of England are arm-
ed against the exercise of the Romish religion, *
that the Canadian must depend more upon the
benignity and the wisdom of Your Majesty's
government for the protection of his religious
rights than upon the provisions of the treaty,
and it may be considered as an open question,
what degree of indulgence true policy will per-
mit to the catholic subject,

'* The safety of the state can be the only

I ■

i \\\

','

1 I

I 1

1 i

Chap, just motive for imposing any restraint upon men
"• on account of their religious tenets. The prin-
1760 ciple is just, but it has seldom been justly ap-
*j» plied ; for experience demonstrates that the
* public safety has been often endangered by
those restraints, and there is no instance %f
any state that has been overturned by tolera-
tion. True policy dictates then that the inha-
bitants of Canada should be perm'^e-^ freely to
profess the worship of their religion ; and it
follows of course, that the ministers of that
worship should be protected and a mainte-
nance secured for them.

" Beyond this the people of Canar^a have no
claim in regard to their religion, either upon
the justice or the humanity of the crown ; and
every part of the temporal establishment of the
church in Canada, inconsistent with the sove-
reignty of the king, or the political government
established in the province may justly be
abolished.

" The exercise of any ecclesiastical juris-
diction under powers derived from the see of
Rome, is not only contrary to the positive
. laws of England, but is contrary to the princi-
ples of government, for it is an invasion of the
sovereignty of the king, whose supremacy
must extend over all his dominions, nor can
his Majesty by any act divest himself of it.

" The establishment of the Jesuits and of
the other religious orders, as corporations hold-
ing property and jurisdiction, is also repugnant
to the political constitution, which Canada

must receive c- a part^of the British dominions, cbap.

" The point then, to which all regulations "*
on the head of religion ought to be directed is,^*!!^
to secur<^ the people the exercise of their wor- »o
ship, and to the crown a due controul over the
clergy.

" The irst • eqiiires that there should be a
declaration thgit all the subjects in Canada may
freely profess their religion without being dis-
turbed in the exercise of the same, or subject
to any penalties on account thereof, and also
that there should be a proper establishment of
parochial clergymen to perform the offices of
religion.

" The present situation of the clergy in Ca-
nada, is very fortunate for establishing the
power of the crown over the church. It is
stated in the reports from your Majesty's offi-
cers in Canada, that very few have a fixed right
in their benefices, but that they are generally
kept in a state of dependence which they dis-
like, upon the person who takes upon him to
act as bishop, who, to preserve his own autho-
rity, only appoints temporary Viriis to offici-
ate in the several benefices.

" It would be proper, therefore, to give the
parochial clergy a legal right to their benefices.
All presentations either belonging to lay pas-
tors or to the crown, and the right in both
ought to be immediately exercised with due
regard to the inclinations of the parishioners
in the appointment of a priest. The gover-
nor's license should in every case be the title

i i'

5, i'

Mill

PI I J

( ;■;

1774

chftp. to the benefice, and the judgmei?^ of th' tem-
J^J^poral courts the only mode of taking il iway.
1760 This regulation would, in the present r ment,
attach the parochial clergy tc the int'^rests of
government, exclude those ol f'^^eis^n priests,
who are now preferred to the Cani ans, and
retain the clergy in a proper depe dence on
the crown. It is necessary, in order ^o keep
up a succession of priests, that there should be
some person appointed whose religious cha-
racter enables him to confer orders, and also to
give dispensations for marriages ; but this func-
tion should not extend to the exercise of o
jurisdiction over the people or the clergy ; and
it might be no difficult matter to make up to
him for the loss of his authority, by emolument.^
held at the pleasure of the government.

" The maintenance of the clergy of Canada
was provided for by the payment of one thir
teenth* part of the fruits of the earth in the
name of tythe, and this payment was enforced
by the Spiritual Court. Tt is just that the same
provision should continue, and that a remedy
for the recovery of it should be given in the
temporal courts; but the case may happen
that the land-owner is a protestant, and it may
be doubted whether it would be fit to obligr
him to pay tythes to a catholic priest.

*' It has been proposed that all tythes should
be collected by the Receiver General of the
Province, and appropriated as a fund to be dis
tributed by government for the stipends of th^

• Error—one iit}enty"Sixth was the tythe by law allowed.

clergy, out of which a certain proportion may ^^'-'f
be reserved for the support of protestant ,^'^
preachers This measure, I humbly conceive to it^k)
be liable to two objections,-— Firs/ — tythe even 1774
to the clergy is paid with reluctance, and the
government, by undertaking the collection of it,
would lose more in the affections of its subjects
than it would gain by the additional dependence
of the clergy, — Secondly—hy thus be'ng brought
into one fund, the catholic subject will be made
to contribute to the support of the protestant
clergy, which he may think a grievance.

'^ There is less objection, however, to re-
(|uire the protestant inhabitant to pay his tythe
to the receiver general, allowing him, at the
same time, to compound for less than the full
sum ; though T should not deem it expedient
to reduce the rate by any positive law.

" The increase of that fund will be a proof
of the increase of the protestant inhabitants,
and it will afford the means of providing for the
protestant clergy, whose functions will then
become necessary. In the mean time, it may
be sufficient to appoint that a protestant cler-
gyman shall be nominated, to any parish in
which a majority of the inhabitants require it.

" In regard to the monastic orders, it will be
fit to secularise them entirely, but so great a
change ought not to be made at once. It is
|)roper to see how many of them may take
benefices, from which they are not excluded by
* 16 foregoing provisions.

"* The Jesuits, however, and the religious

iiii

t '|. \t

||i iii^

t'''
* (

I \

1774

ci.ap. houses in France, which have estates in Cajia-
^^^ da, are upon a different footing from the others.
1760 The establishment of the first is not only in-
compatible with the constitution of an Eng-
lish province, but with every other possible
form of civil society. By the rule of their order
the Jesuits are aliens in every government.
Other monastic orders may be tolerated, be-
, cause, though they are not useful subjects, still
V they are subjects, and make a part of the com-
munity ill employed. The Jesuits form no part of
the community. They, according to their insti-
tution neither allow allegiance nor obedience
to the prince, but to a foreign power. They are
not owners of their estates, but trustees for
purposes dependent upon the pleasure of a
foreigner, the general of their order. Three
great catholic states* have,upon grounds of poli-
cy, expelled them. It would be singular, if the
first protestant state in Europe should protect an
establishment that ere now must have ceased ih
Canada, had the French government continued
*' Uncertain of their tenure in Canada, the
Jesuits have hitherto remained very quiet, but
should the establishment be tolerated there,
thev would soon take the ascendant of all the
other priests ; the education of the Canadians
would be entirely in their hands, and averse as
they may be at present to France, it exceeds
any measure of credulity to suppose that they
would ever become truly and systematical!}
friends to Britain.

♦ Portugal, Spain, and France.

Imp.
Jl.

" It is therefore equally just and expedient in ^
(his instance, to assert the sovereignty of the
king, and to declare that the lands of the jesu- ^^-^^
its are vested in his Majesty, allowing, at the ^j^
same time, to the Jesuits now residing in Ca- nn.
nada, liberal pensions out of the incomes of
their estates."^

*• The information to be collected from the
papers transmitted with the reference, is not
particular enough to be the ground of an imme-
diate law as to the property claimed by religi-
ous societies in France. The principle is clear,
that every trust for their use, is void and de-
volves to the crown. But in applying that
principle, the circumstances of each case must
be considered, and, in general, it seems expe-
dient to confirm all the titles of persons occu-
pying lands under their grants ; to make the
terms of payment to the crown easier than to
the former proprietors, and to apply the pro-
duce for the purposes of educating the youth
of Canada, which deserves particular attention.
But this subject is more fit for gradual regula-
tions, pursuant to the instructions that may be
given to your Majesty's governor, than to form
an article in a general plan of laws to be imme-
diately carried into execution.!

« \

* The Government dealt most liberally \vith them. They were
allowed to die out before it took possession of the estates or interfered
with them, which was not till after the death of Father Casot, the
hist of the order, in 1800.

f This has been done by an act of the legislature of Lower Canada,
in 1832, and the revenues from the Jesuits' estates, accordingly, arw
o\v applicable to purposes of education only.

I*'.

4 \

iiM

'1 1*1'^

) »

'til

•H

!|i

'III

fn.

i! Ji

Chap. " The convents in Canada do not fall under
^^- the same rule as the monasteries. They are not

Ttgo iT^uch connected with the political constitution.

^^ They may, for a time, be necessary for the
* convenic .ce and honor of families — perhaps it
/nay be expedient always to retain some such
communities there, for the honorable retreat of
unmarried women. Certainly it would be in-
expedient and cruel to dissolve them by any
immediate law. No such change is essential
to the political constitution, and whenever it
becomes so, the remedy is easy, and the sub-
jects will then receive it as a favor from the
crown.

*' The political and religious constitution of
the j)rovince of Quebec being established, the
next matter of inquiry is, what plan of civil and
criminal law is best adapted to the circum-
stances of the province ? and this is not altoge-
ther an open question ; for, Canada is not in the
condition of a new settled country, where the
invention of a legislator may exercise itself in
forming systems. It has been long inhabited by
men attached to their own customs, which are
become a part of their nature. It has, of late,
acquired some inhabitants superior in power,
but much inferior in number, to its ancient inha-
bitants, equally attached to different usages.
The prejudices of neither of these classes oi
men can be entirely disregarded; in policy,
however, more attention is due to the native
Canadian than the British emigrant, not only
because that class is the most numerous ; but

i« i

because it is not the interest of Britain thaK
^ many of her natives should settb there.* The ^
Canadian also has a claim in justice to the en-'i
\ jojment' of as much of his ancient laws regard-
ing private rights, as is not inconsistent with
the principles of the new government ; for, as
his property is secured to him, the laws which
define, create, and modify it, must also be re-
tained, otherwise his property is reduced to
the mere possession of what he can personally
enjoy.

******* "It should also be provided
that any Canadian subject of the age of twenty
i^ye, who is unmarried and without children,
holding land immediately of the crown, may
convert his tenure into a soccage holding, by
which he shall have the power of devising the
whole, and that the purchaser of land held of
the king, may convert the tenure irfto soccage
at his pleasure, and it shall then be held and
enjoyed as by the law of England f

• It is now, (1847) however, different, and the policy is as it no
floubt also is the interest, of the home government, to encourajjc u
loyal, hale and industrious emigration thence to her splendid North
American Empire.

t This, however, was not provided for by the statute of 1774, nor
was any provision made on the subject, either by the Legislative^
Council erected under it, for the province of Quebec, nor subsequently
by tfaje Parliament of Lower Canada, averse, it would seem, to ii
change of tenure as a policy prejudicial to the influence prevailing in
this body, which the influx of British emigrants and British capital .
would be of a tendency to disturb, and at length, subvert. The feodal
thraldom was consequently cherished, as one means of checking thf
apprehended evil, for as such the growth of the British population arid
interests in Lower Canada have been viewed by many of their fellow
subjects of French origin, particularly while the dream of <' national-
ite.,** with which, for a time, they amused themselves, prevailed. A
provision authorising a .change of land tenures in Canada, into free

D 2

hup.

ri.

760

/ 1 \

i )

■Hi''

•
' t

!*-

■ ;!

*******" The criminal law of Eng-
J land, superior as ii is to all others, is not, how-
17^ ever, without imperfections ; nor is it, in the
^J:> whole extent of its provisions, adapted to the
.situation of Canada. It would be improper to
transfer to that country all the statutes creat-
ing new offences on temporary or local circum-
stances.

* *^ * * " It is recommended by the gover-
nor, the chief justice, and the attorney gene-
ral, in their report, to extend the provisions of
fhe Habeas Corpus act to Canada. The in-
habitants will, of course, be intitled to the
benefit of the writ of Habeas Corpus at common
law, but it may be proper to be better assured
of their fidelity and attachment, before the pro-
visions of the statute are extended to that
(•ountry.

'' The form of civil government for the pro-
vince, as it now consists in the distribution of
judicial authority, is the most difficult and the
most important part of the plan, for, without an
easy and exact execution, laws are of very
little use to society.

" The several opinions * reported to your

Hid common soccaije was at last made by Act (3 Geo. IV.ch. 119) of
the Imperial Pa '•l lament, known as the Canada trade act , but little
proi^ivss has hitherto (1847) been made, in the commutation, owin^t;
;o the difficulty, expense, and delay incidental to the process of com-
muting, as adopted by the Executive of the province, and which it
rests with it to redress, if only it will. — P. S. Since the above note was
put together, the legislature has been in session, and among a variety oi
Bills passed by it, there is one for facilitating the process of commu-
tation. This, however, the Governor General, Lord Elgin, has been
•idvised to reserve for the royal consideration, the result of wliich
remains to be seen.

Eng-
bow-
in the
;o the
3er to
creat-
rcum-

;over-
gene-
ons of
he in-
to the
mmon
ssured
le pro-
) that

pro-
lion of
id the
►lit an

very

your

119) ot

lut little

l, owinjtj

I of com-

/hich it

liote was

iriety ol

:omniu-

las been

I' wliiob

Majesty, by the governor, the chief justice andchai..
the attorney general, concur in the causes of ^^

the complaints upon this head, and differ little
in the remedies proposed.

" It is their opinion that the expense and
delay of proceeding are at present very griev-
ous, and they seem to think that the division
of the province into three districts, and the
establishment of courts of justice in each, as in
the time of the French government, would
afford some remedy to this evil.

" To diminish the expense of law suits, too
great already for the poverty of the country, b'^
adding to the number of persons who are to be
maintained by the law, is at least a doubtful
proposition.

" It is necessary, therefore, to consider
whether other causes besides the want of pro-
per judicatures, may have concurred to produce
the grievance of which the Canadians com-
plain, and whether other expedients, besides
an increase of places and expense, may not, in
part, remove it. The uncertainty of the law of
the province must have been one principal
cause of the expense of suits. That evil will,
in time, be removed.

** The change of property, together with the
alteration of the course of commerce conse-
quential upon the conquest, producing new
conticicts in new forms, created a great deal of
business for which there would be no estab-
lished fees, and the ignorant execution of that
business opened a new source of litigation.

17H0
to

1774.

ilill

t -l

*;f

1760

1774.

Chap. The same thing has happened in ihe other set-
^}- tlements, where, for a certain time, the gains of
those who took upon themselves to act as law-
yers, and of course the expense to the other
inhabitants, of iaw proceedings, has been very
great. But this evil is also temporary. With-
out disputing the reality of the grievance, one
may suppose that it is a little exaggerated, for
all the French lawyers who remained in Cana-
da, were interested to magnify it. They par-
took of the profits arising from its continuance,
and tteir profits were increased by exciting
the complaints.

" I cannot conceive that this grievance would
be removed by adopting the French judicature,
for if one can trust the accounts given by them-
selves, the expense and the delay of law suits,
are in France a most intolerable evil.

#*•#*#* « ^pj^g Canadians, it is said,
complain, and not without reason, of the arrest
and imprisonment in civil cases. There could
be no objection to confine that severe proceed-
ing to the cases in which they" are accustomed
to it. These are stated to be acti jns upon bills
of exchange, debts of a commercial nature, and
other liquidated demands, by which probably is
to be understood actions upon bond and other
instruments, where the sum demanded is cer-
tain. In other cases, the arrest upon mesne
process, which -is only used to compel appear-
ance or answer, may be abolished, and in lieu
of it the plaintiff might be allowed, after due
summons, to enter an appearance for the

1774

defendant, and if more was required than ac^;,p.
mere appearance, the constitution oi^ the court ^^
is very well calcuhued to adopt the process of ^J^
sequestration, which has aheady prevailed ^Ji^
under the French government.

" The execution against the person of the
debtor, after jud^j^ment, may also be laid aside,
and, indeed, in an increasing colony it is very
impolitic, and a very cruel' proceeding.* An
effectual and speedy process against the goods
and estate would, in most cases, answer the
ends of justice much better.

* * "^ ** * * ** As the affairs of the colony
require a very particular attention, and some
regard must there be had to political considera-
tions, it might be proper to attribute the cogni-
zance of all questions* concerning the rights of
the clergy, the profits of benefices, and the pre-
sentation to them, to the council, with an ap-
peal to England ; and all the most material
questions of police might, perhaps, be also
subjected to their jurisdiction."

The liberal spirit which pervades the above,
renders co ment unnecessary. None who
read can misunderstand it. Such, then, were
the enlightened views in which the act of
1774, conferring, for the first time a constitu-
tion and civil government, on the recently

• The barbarous power formerly given to the creditor, of imniur-
injj his debtor as a criminal, is fullinj;^ into disuse, and is now, it is Ik*-
heved, repudiated or qualified, in most civilised (*ountries. It ispUM-
sant fo see that the views of our lawyers and statesmen of that ilay were
such as we here find them, — 'ecpially humane andjust,—- as in their
•luloption, by our local Legislatures, time and experier.ce have proven
them to be.

Ifi^

III

If:

■>

l\\

i II

Chap, acquired French territory in Nortli America,
^^- constituting the province of Quebec, was
l^JQ^) conceived ; and such also, it is not too much
^ to say, have uniformly been those of the Im-
■ perial authorities, and of British statesmen
towards Canada, notwithstanding!; the diver-
gencies of portions of its population from the
course which, for their own, no less than for the
interests of the empire, it were desirable had
been avoided.

" Canada," — observes Mr. Attorney General
Thurlow, — " had been holden by the French
king, in the form of a province, upwards
of two hundred years ; and considerably
leopled near one hundred and fifty years,
>y the establishment of a traelnng company,
with great privileges and extensive juris-
dictions, seconded by the zeal of the age,
to propagate the gospel in foreign parts. —
Parishes, convents of men and women, semi-
naries, and even a bishoprick were established
there. The supreme power, however, remain-
ed with the king, and was exercised by his
governor and lieutenant-general with the assist-
ance of a council. About one hundred years
ago, Louis the fourteenth resumed the country,
and gave it the constitution which was found at
the conquest.

" He gave them a body of laws, namely, those
of the Prevot^, and Vicompt^ de Paris. The
sovereign power remained with the king. But
because the immense distance made it impos-
sible to provide them with local regulations so

speedily as the occasion might demand, hecj,,,!,
gave them a council, with authority to order '•
the expenditure of public money, trade vvith"J^^^
the savages, and all the aflairs of police, to i<»
appoint courts and judges at Quebec, Trois ^^^^
Rividres and Montreal, and to be judges them-
selves in the last resort.

*' This council consisted of the governor,
representing the king's person ; and the bishop
and five notable inhabitants, named by the two
first. To this establishment in a fev, years
were added two more councillors, all seven
named by the king ; and an intendant of justice,
police and revenue, who held the third place
in council, and acted as president, collecting
voices, &c., and who had, by a separate com-
mission,very large power, particularly in police^
wherein he could, if he thought fit, make laws
without the council ; and in the ordering of the
revenue, in which he was absolute ; and judge
without appeal, of all causes relative to ii., as
he was, indeed, in all criminal cases.

******* Office, rank and authority were
annexed to land, and otherwise divided among
the gentry, with due degrees of subordination ;
so that all orders of men habitually and per-
fectly knew their respective places, and were
contented and happy in them. The gentry, in
particular, were drawn into a still closer at-
tachment to the governments of their posts, in
the provincial and royal troops which were kept
up there.

** This system, a very respectable and jvdi-

't > t

m .

(^'hnp. cious officer, your JVlajesty's chief justice of
^^' Quebec, justly extols, as being admirably cal-

^^^ ciliated to preserve internal tranquility and due
to reverence and obedience to government, and

^^"^ endeared to the natives by long usage, and per-
fect conformity to their manners, habits and
sentiments.

" The natives, at the conquest, were one
hundred and twenty thousand, whereof about
one hundred and twenty-six were noble. And
their laws were, such parts of the laws of Paris,
as had been found necessary and applicable to
their situation, reforme^, supplied, changed
and enlarged by the king's ordinances and
those of the provincial legislature. These have
been very judiciously collected, and are among
the papers which your Majesty commanded
me to consider.

" On the eighth of September, 1760, the
country capitulated in terms which gave to
your Majesty all that which belonged to the
French king ; and preserved all their property,
real and personal, in the fullest extent, not
only to private individuals, but to the cor-
poration of the West India company, and to
the missionaries, priests, canons, convents, &c.,
with liberty to dispose of it by sale if they
should want to leave the country The free
exercise of their religion by the laity, and of
their function by their clergy ,was also reserved.
** The whole of these terms were stipulated
on the 10th of February 1763, in the definitive
treaty of peace. By your Majesty's proclama-

1760

1774.

lion of the 7th October, in the third year of chap
your reign, (1763) your Majesty was pleased to "
declare that four new governments were erect-
ed,of which Quebec was one, containing a large
portion of that country which had been included
in the French government of Canada, some
parts of which were settled in such manner as
hath been mentioned before, but great districts
of which still remained rude and barbarous.

" And considering that it would greatly
contribute to the speedy settling of the new
governments, that your Majesty's loving sub-
jects should be informed of your paternal care
of the security of the liberty and properties of
those who are or shall become inhabitants
thereof, your Majesty thought fit to declare
that your Majesty had, in the constitution of
these governments, given express power and
direction to the governors of the said colonies
respectively, that so soon as the state and cir-
cumstances of the said colonies would admit
thereof, they shall, with the advice and con-
sent of your Majesty's council, summon and
call general assemblies within the said govern-
ments respectively, in such manner and form
as is used and directed in those colonies and
provinces in America, whicTi are under your
Majesty's immediate government. And that
your Majesty had given power to the said
governors, with the consent of your Majesty's
said council and the representatives of the
people, so to be summoned as aforesaid, to
make, constitute and ordain laws, statutes and

^l^jl^

■!l

li ;

i'S' !

■I

If!

i I

Chap, ordinances for the public peace, welfare, and
,^J^ good government of your Majesty's said colo-
1760 nies, and of the people and inhabitants thereof,
1774. as near as may be, agreeable to the laws of
England, and under such regulations and res-
trictions as are used in other col-^nies ; and that
in the mean time, and until such assemblies can
be called as aforesaid, all persons inhabiting in
or resorting to your Majesty's said colonies,
might confide in your royal protection for the
enjoyment of the benefit of the laws of Eng-
land, for which purpose your Majesty declared
that your Majesty had given power under the
. great seal to the governors of your Majesty's
said colonies respectively for the erection of
courts of judicature and pubhc justice within
the said colonies, for the hearing and deter-
mining all causes, as well criminal as civil,
according to law and equity, and as near as
may be, agreeable to the laws of England,with
liberty to all persons who may think themselves
aggrieved by the sentence of such courts, in all
civil cases, to appeal under the usual limitations
and restrictions, to your Majesty in your privy
council.

^ * * *- « Onthe21stof November 1763,
your Majesty appointed Mr. Murray, to be
governor of Quebec, commanding him to exe-
cute that office according to his commission,
and instructions accompanying it, and such other
instructions as he should receive under your
Majesty's signet and sign manual, or by your
Majesty's order in council, and according to

laws made with the adlvV» „ j

council and assembly: **"*'' I'T"!' f '^'^-^^'■

authorised, with (he consent nf ,h '^ further "_

soon as the situation and eTrcumsiV.°""' ''u'^^
provmce will admit of it .„ ^'="'»^'''ances ol the to

Wies of the freeZwe ' an.l ^'""■"' ^''''^- '"'
n.anoer as in his dicretiont >>"'"- '" '"'^
or according to sucrX" ftt£°"''^ "^'"'^ «'•
■•'s he should receive ,w"^^'"'"-'"""ctions

->et or sign ^ITat or t vlT J!^^*^^'^'^
order m council tL °>^ 3^°"^ Majesty's

I'J »he major part of the?Jh ?.' '^"'^ ^'^^^^^
Pective parishes and olacef'i''?'' "'"''^^ '«^-
•>".^ are to take ?he ZlsV'Jr- '^''' ^''-
supremacy. and the declaratln °'^"'*'' *'''''^'
substantiation. declaration agamst tran-

are^JmafceteoML!,"""^'' ^"^ assembly '
and good governmenVof the '"/'''^' "'^'^^^^
or the benefit of your m£J'"^ P''*'""^^' ^"^
'•"tas near as may be o-'th?',r ''P/'^"^"''
«nta.n. such laws to L * ^^""'^ ^^ Great

n'onths to your MaTestv V"'r "•,?'^ ^" "^''ee
approbation, and f 1' i°;^^''°^-^"ce or .
thenceforward. O'sapproved, to cease

and th^e^'poCrTii/" ^''' ' "^S^'i^e voice,

'•e put into immediate*'«!!!f '"■™'""' '^^^"« »"«'
to preserve T peace nJ ^.°"'""' executicn,
^^"Slish were so^ The/ « f '°""''"^- '^^^
"Pon the minds of tht%e:^le:"T„V;1S;:

i:' .

• •• III

f 1

1 i

(/hap.
il.

1760

»o
1774.

administered without any equitable qualifica-
tions. These are said to be universally receiv-
ed. In truth, they could neither be refused nor
avoided.

* * * " Three very different opinions have
been entertained. There are those who think
that the law of England, in all its branches, is
actually established, and in force in Quebec.
They argue that your Majesty, upon the con-
quest, had undoubted authority to establish
whatever laws should seem fittest in your royal
wisdom : that your Majesty's proclamation
dated the seventh day of October, 1 763, was a
repeal of the existing laws, and an establish-
ment of the English laws in their place, in all
parts of the new subjected countries : that the
.several commissions to hear and determine by
the laws of England, were an actual and autho-
ritative execution of those laws ; and that the
law, as it prevails in the province of New York
and the other colonies, took its commencement
in the same way, and now stands on the same
authority.

'' If your Majesty should be pleased to adopt
this opinion, it seems to afford a full answer to
the whole reference, by exhibiting not only a
general plan, but a perfect system Oi" civil and
criminal justice, as perfect as that which ; e-
vaiis in the rest of your Majesty's dominions,or
at least it leads ofl'to questions widely different,
touching the expediency of a general change
in the established laws of a colony, and touch-
ing the authority by which it ought to be made.

1760

1774.

" Others are of opinion that the Canadian chap.
laws remain unrepealed. They argue that ^'
according to the notion of the english law, "7
upon the conquest of a civilized country, the
laws remain in force till the conqueror shall
have expressly ordained the contrary. They
understand the right acquired by conquest, ic>
be merely the right of empire, but not to ex-
teid beyond that, to the liberty and property
of individuals, from which they draw this con-
sequence, that no change ought to be made in
the former laws beyond what shall be fairly
thought necessary to establish and secure the
sovereignty of the conqueror. This idea they
think confirmed by the practic^of nations, and
the most approved opinions. " Cum eniiri
omne imperium viclis eripitur relinqui illis
possunt^ circa res privatas^ et publicas minores
su(B leges, suique mores, et magistratus hujus
indulgentiiB pars est, avitce religionis usum
victis, nisi persuasis non eripere.^\ Grot. 3. 15.
10. ; and if this general title to such modera-
tion could be doubted, they look upon it to be a
necessary consequence of the capitulation and
treaty alluded to before, by which a large grant
was made them of their property and personal
liberty, which seem to draw after them the laws
by which they were created, defined and pro-
tected, and which contain all the idea they
have of either. This moderated right of war,
flowing from the law of nations and treaties,
they think may have some influence upon

E 2

f^ •!•!

h, i

> 1

1 '

1760

to
1774.

5 : 1

Chap the interpretation of the public acts above
^^ mentioned.

" Though the proclamation of 7th October,
1763, is conceived in very large terms, gene-
rally enough to comprehend the settled coun-
tries together with the unsettled, yet the pur-
view oi h seems to apply chiefly if not altoge-
ther to the unsettled, where the laws of
England obtain a course till otherwise ordered ;
for it seems to assume and proceed upon it, as
manifest that the laws of England are already
in force, which could not be true of any settled
country reduced by conquest. It also recites
for its object that it will greatly contribute to
the speedy settling our said new government ;
and at any rate, they think it too harsh a con-
clusion to be admitted that such an instrument
in the state thereof, not addressed to the Cana-
dians, nor solemnly published among them, nor
taking any notice of their laws, much less
repealing them, should be hglden to abrogate
all their former customs and institutions, and
establish the english laws in every extent and
to every purpose, as it may be thought to do in
unsettled countries, which conclusion, how-
ever, they know not how to avoid, but by
confining it to those countries where no settled
tbrm of justice existed before.

" If it be true that the laws of England were
not introduced into Canada by this proclama-
tion, they consider the several commissions
above mentioned, to hear and determine
according to those laws, to be of as little effect

lOW-

tied

'ere
la-
lons
line
lect

as a commission to iVevv York lo hear and^'^^p.
determine according to the laws of Canada. .^..^

******** Others, again, have thought nnu
that the effect of the above mentioned procla- ,ij^
mation, and the acts which followed upon it,
was to introduce the criminal laws of England,
and to confirm the civil law of Canada. In this
n'\nber were two persons of great authority
and esteem ; — Mr. Yorke and Mr. De Grey,
then Attorney and Solicitor General, as I col-
lect from their report of the 1 4th April, 1 766.
One great souvr.e, they represent, of the disor-
der supposed to prevail in Canada, was the
claim taken at the construction put upon your
Majesty's proclamation of 1763, as if it were
your Majesty's intention, by your Majesty's
judges and Oi'ficers of that country at once to
abolish all the usages and customs of Canada,
with the rough hand of a conqueror, rather
than in the true spirit of a lawful sovereign,
and not so much to extend the protection and
benefit of your Majesty's english laws to your
new subjects, by securing their liv^s, liberties
and properties, with more certainty than in for-
mer times, as to impose new, unnecessary and
arbitrary rules, especially in the titles to lands,
and in the modes of descent, alienation and
setdement, which tend to confound and sub-
vert rights instead of supporting them.

*' There is not, they observe, a maxim of the
comn^on law more certain, than that a conquer-
ed people retain their ancient customs till the
Conqueror shall declare new laws. To change

.1 ■

4:,

i\^

cwap. at once, the laws and manners of a settled
^^ country, must be attended with hardships and

"7^ violence. And, therefore, wise conquerors
»« having provided for the security of their domi-

*^^ ' nions proceed gently, and indulge their con-
quered subjects in all local customs which are
in their nature indifferent, and which have been
received as rules of property or have obtained
the force of laws. It is the more material that
this policy should be pursued in Canada, be-
cunst' it is a great and ancient colony, long
geuled nd much cultivated by french subjects
whu iio^\ >habit it, to the number of eighty or
one hundred thousand.

****** "In criminal cases, whether
they be capital offences or misdemeanors, it is
highly fitting so far as may be, that the laws of
England should be adopted, in the description
and quality of the offence itself; in the manner
of proceeding to charge the party, to bail or
detain him, to arraign, try, convict, or condemn
him. The certainty and lenity of the English
administration of justice, and the benefits of this
constitution, will be more peculiarly and essen-
tially felt by his Majesty's Canadian subjects,
in matters of crown law which touch the life,
liberty and property of the subjects, than in the
conformity of your Majesty's courts to the
english rules in matters of tenure, or the suc-
cession and alienation of real and personal
estate. This certainty and this leniency are the
benefits intended by your Majesty's royal pro-
clamation, so far as concerns judicature. These

^^1.

are irrevocably granted and ought to be secur-chap
ed to your Majesty's Canadian subjects accord- "

ing to your royal word,

lougu

rather presumed to troubl
Majesty with a copy of their expressio
any abstract of their opinion; because,
1 subscribe absolutely to the truth and good
sense of their positions, 1 freely confess my-
self at a loss to comprehend the distinction
whereby they find the criminal law of England
introduced, and the civil laws of Canada con-
tinued, by instruments which «?eem to estab-
lish all the laws of Englan-::, I ih civil and
criminal at the same time, in i, v^^utne sentence,
and by the same form of vvc-.s, if they are
understood to establish ar^, or to relate to
Quebec.

" They seem to proceed much upon the
supposed superiority which they justly impute
to the criminal laws of England. It is wry
unfit that 1 should speak of them to your Ma-
jesty without the utmost reverence. But T can
.conceive that a Canadian, blinded, perhaps, by
the prejudices of different habits, may think of
them in a different manner, and even set but
small value on that excellent institution ihe
trial by jury ; whereby the natural equality
among men is so admirably preserved, and the
lowest subjects of the state admitted to more
than an equal share of the supreme judicial
authority. I have been actually informed that
a Canadian gentleman would think himself
degraded, and more hardly used by being sub-

774.

!J!SJ

■^'ously settleci, before .l,f./' '''?"''' *>« P'"'?-
?"'J criminal jus. ce „ U'?'' n^ '"•^'-^^ 'i^''
^hatiorm ofciv,! lovornl '^''"■"^ conceived.
%dopted in that co n^"' • "r',"." ^""''' ^° ^^c
°f policy and s.ateT^o u S:' r ' ' ^"^^'io"
seems no Jess mani e", h'M""'^ •"^' ''^''"^' "

'" » thousand wajs iml ''" ""/^ '"«"cnce
'ies.gnated, ofcivJnnH'! " ""^, '"^''cme to be
"^eligi^nalso s? ? ™"""'i"«''ce.

fnJ ''^comcst'ob\v[:V^'^fr\'''*^ ^^^^<«
'oleration, seems to it '^ establishment or

«'a(e ; and yet Tt is snfF •""'/"• °'' P^'icj and
"'"Ititude of i;;V'„;",f -P'^""3^ obvious vv^hat a

.establishment or tolenln'' "^°" ^''y given
?"g to the degree:7„'""L"'r\°''^'^^^«<=^"'-d-

'ncorporated vW.h the "tate " ''''' '•^^"='°» '^^
*^^iat public revenue L * i

n a new province is^Sa ' T ' ^^tablished
PolUical ; but when decided 'if '^"''"^ '^^'^b'
•-•fter ,t a system of laws Sr^; •' ^^'''^'^^^y ^''^^s
fPpropriaed tribunal The t'"" '""f f«"d an

7a';Eut''fo;::fc^°^^^^^

tu
1774.

certain scheme of civil and criminal laws, orchap
any which must nqt ret eive deep and material "•
alterations for that which your Majesty shall "^^
be pleased to determine on thoae heads.

There are, at the same time, certain princi-
ples which seem, in my humble opinion, to
claim your Majesty's <i;racious attention, as the
basis of any new laws to l)e made in Quebec.

" The Canadians seem to have been strictiy
entitled by ihe jus gentium to their property, as
they possessed it upon the capitulation and
treaty of peace, together with all its qualities
and incidents, by tenure or otherwise, and also
to their personal lil/ierty ; for both which they
were to expect your Majesty's gracious pro-
tection.

** It seems a necessary consequence that all
those law^s by which that propcM'ty was created,
defined, and secured must be continued to them.
To introduce any other, as Mr. V^orke, and Mr.
De Grey emphatically expressed it, tend to
confound and subvert rights instead of support-
ing them.

" When certain forms of civil ju.stice have
long been established, people have had fre-
quent occasions to feel themselves and observe
in others the actual coercion of the law in
matters of debt and other engagements and
dealings, and also in the recompense for all
sorts of wrongs. The force of these examples
goes still further and stamps an impression on
the current opinion of men and puts an actual
check on their dealings ; and those who never

, ■<

t t

•

.1, ,

II!

Chap, heard of ihc examples or the laws which pro-
" duced them, yet accjiiire a kind of traditional

^'J^ knowledge of the legal ellects and consequences
ff> of their transactions, sudicient and withal abso-

'^^* lutely necessary for the common afVairs of pri-
vate life. It is easy to imagine what infinite
disturbance it would create to introduce new
and unknown measures of justice; doubt and
uncertainty in the transaction ; disappointment
and loss in consequence.

" The same kind of observation applies with
still greater force against a change of the crimi-
nal law, in proportion as the examples are
more striking, and the consequences more
important. The general consternation which
must follow upon the circumstance of being
suddenly subjected to a new system of criminal
law, cannot soon be appeased by the looseness
or mildness of the code*

** From these observations, I draw it as a
consequence that new subjects, acquired by
conquest, have a right to expect from the
benignity and justice of their conqueror the
continuance of all these old laws, and they
seem to have no less reason to expect it from
his wisdom. It must, I think, be the interest
of the conqueror to leave his new subjects in
the utmost degree of private tranquillity and
personal security; and, in the fullest persua-
sion of their reality, without introducing need-
less occasion of complaint and displeasure,
and disrespect for their own sovereign. He
seems, also, to provide better for the public

peace and order, by leaving them in the habit ^imp.
of obedience to their accustomed laws than by J^
undertaking the harsher task of compelling a itho
new obedience to laws unheard of before. jJ^^
And if the old system happens to be more per-
fect than any thing which invention can hope
to substitute on the sudden, the scale sinks
quite down in its favor.

" It should be remembered that the scheme
of government and laws for Canada, was con-
ceived by a wise court in a cool moment,
untainted with private passion or public preju-
dice. The principles of humanity and the
views of state combined to suggest that plan
which might serve to build a flourishing colony
upon. The plan was improved, from time to
time, by the wisdom and experience of suc-
ceeding times, and not left to become obsolete
and unfit for the progressive state of the
province.

" Although the foregoing observations should
be thought just, as a general idea, yet circum-
stances may be supposed, under which it would
admit some exceptions and qualifications. The
conqueror succeeded to the sovereignty in a
title at least as full and strong, as the conquer-
ed can set up to their private rights and ancient
usages. Hence would follow every change in
the form of government which the conqueror
should think essentially necessary to establish
his sovereign authority and assure the obed'-
ence of his subjects. This n;sigfit possibly
produce some alteration in thelaw^, especiaUy

; 1, ;

1 i;

i i'

' .

. I : ;

i 1

t 141

u ..'1';

^1*

Chap, those which relate to crimes against the state,
'^ religion, revenue and other articles of police,

"Trijo and iti the form of magistracy. But it would
^ also follow, that such a change should not be

\ 774

* made without some such actual and cogent
necessity, which real wisdorp could not
overlook or neglect ;— not that ideal neces-
sity which ingenious speculation may always
create by possible supposition, remote infe-
rence and forced argument — not the necessity
of assimilating a conquered country in the
article of laws and government to the metropo-
litan state, or to the older provinces which
other accidents attached to the empire, for the
sake of creating a harmony and uniformity in
the several parts of the empire ; unattain-
able, and, as I think, useless if it could be
attained : — not the necessity of stripping from
a lawyer's argument all resort vo the learned
decisions of the Parliament of Paris, for
fear of keeping up the historical idea of
the origin of their laws :— not the necessity
of gratifying the unprincipled and imprac-
ticable expectations of those few among your
Majesty's subjects who may accidentally
resort thilher, and expect to find all the differ-
ent laws of all the different places from which
they come, nor according to my simple judg-
ment, any species of necessity, which I have
heard urged for abolishing the laws and govern-
ment of Canada.

" The foregoing thoughts are humbly sub-
mitted to your Majesty, as general and absttrac

Irom

rned

for

sity

rac-

our

ally

er-

ich

lave
Tn-

ib-
rac

1760

to
1774.

propositions, liable to be much altered in the chap
application, by what your Majesty may think ^'•
fit to resolve upon the matters of policy and
state which have appeared to me in some de-
gree previous considerations to any plan for
the administration of civil and criminal justice,
and upon which I have not presumed to otfer
any opinion. All which is humbly submitted
to your Majesty's royal wisdom."

Such were the sentiments of british states-
men of that day, and which every generous
and genuine british heart of the present will
respond to, and take pride in. — Sentiments,
certainly not in the spirit of " foreiijners and
intruders^" as their countrymen, since immi-
grating to this, a land acquired by ilieir fore-
fathers, assuredly not through any complacency
of its former owners, (for neither were tbey
wanting in virtue or in bravery,) but b\ their
trusty arms, recently have been designated by
their fellow subjects of french origin in the
colony, the descendents of the then so called
" new subjects,^^ for whose welfare and happi-
ness so much solicitude was then evinced, as
from that time to this it unceasingly has been.

The reader will have perceived the elements
of the Quebec Jict in the advice we have just
perused, as submitted to the king by his Ma-
jesty's constitutional advisers, in reference to
Canada ; and if he be a truly british subject,
sensible of the honor of his country and ot the
reputation of her statesmen and legislators, he
must feel, and with an honest satisfaction, that

i.A

\ • i

! S

: \

fcLi

t .

M^y

1 -

llH

:■. : 1

to
1774.

Chap, there was not less of wisdom displayed in their
'^- councils, than of valour in the field by the little

^^f but gallant division of the army which, under
the immortal Wolfe, establishing itself, on the
memorable 13th September, 1759, on the plains
of Abraham, made classic by his fall in the mo-
ment of victory, and by the achievement of that
glorious day, placed the british standard on the
hitherto impregnable citadel of Quebec, where,
in triumph and unblemished, it has ever since
waved, and let us hope long will wave in
despite of all its enemies.

One position we may take in starting, as
certain, and which, as we go on, we shall find
to be confirmed by experience ; namely, that
whatever abuses (he colonists have, from time
to time, had cause to complain of in the admi-
nistration of their local affairs, these have been
i'hie[]y if not altogether attributable to tl local
authorities ; and that on the part of the impe-
rial government and british parliament, a dispo-
sition, favorable to Canada, and to redress all
real grievances and well-founded complaints
submitted to their judgment by the inhabitants
of the colony, particularly by those of french
origin, has never been wanting. These high
authorities, have invariably been above all
reproach, and uniformly just and liberal,
though no doubt, occasionally embarrassed,
in the diversity of opinions as to the line of
policy which it might be the jost desirable to
pursue. Embarrassments that must have been
enhanced by the discontent of the colonists of

british origin, or british birth, immigrating to iiu,}*.
Lower Canada ; who, at times, deeming the "
british interests in the colony sacrificed to pro- 17^0
pitiiite a party of the other origin, hostile to }':
them, have thought the home government, to
use Mr. Wedderburne's language, and in pro-
secution of his policy, to have shewn " more
attention to the native Canadian than to the
british emigrant," and felt wounded at it.

'.,»!

;i:

■i .

ligh
all
-al,
id,
of
to
len
of

'ir

SBBRHra

CHAPTER III.

The King signifies by message to parliament his intention to
divide the province of Quebec into two separate provin-
cer<, to be called Upper Canada, and Lower Canada —
Bill accordingly introduced by Mr. Pitt — his views of the
subject — Mr. Fox's views different from thq^e of Mr.
Pitt as to the division of the province into two, thinking
it more desirable to preserve its unity, as most likely to
])ro(juce an amalgamation of the inhabi^nnts of english
and french origins — suggests an elective LegisJniive Coun-
cil — Mr. Lymburner heard at the bar in oppos^ii on to the
bill — his objections to it — various interesting notices by
hini on the state of the province of Qu- bee, since the
passing of The Qvebec Jlct^ its judicatuio, k-^-.—'his anti-
« ipaiions in case the bill become law, ai>d the province
he divided in two — remarkable, as time and experience
have verified, for their gi neral accuracy

Passing over the militar arjci .mval occur-
_ rences of those days in Canada, which, as
^777 previously niLiiti^ ^ ^d, are not within our plan,
1701 ^^ proceed to ^. - 'ivision of the province of
Quebec, as estabhshed by the act of 179 1,*' into
the two provinces of Upper and Lower Canada,
following the latter from birth to dissolution,
and to its reincorporation with the former, from
which, as many think, and perhaps justly, it
ought never to have been separated.

The time had come, in tne opinion of the
british government, when the state and circum-
stances of Canada, rendered it expedient to

31 Geo. III., ch 31, Visually called " The constitutional Act.'*

ur-
as

an,
of
to
a,
n,
m
it

to
1791,

confer upon the inhabitants of it, a more popu-<^^^j''P
lar constitution than that they held under the,^.^
Quebec Act. The old subjects, or those of ittj
british birth or origin, were rapidly increasing
in the province by immigration iVom the United
States, after the establishment of their inde-
pendence, and were anxious for a government
and constitution more in accordance with such
as they had been accustomed to, and better
suited to the advancement and welfare of their
adopted country, than the government which,
on their advent, they found in it.

There were also heavy complaints from the
british settlers in the province to the govern-
ment at home, on the state of affairs in the
colony. The Quebec Act had not, it was
said, secured the peace, nor promoted the hap-
piness or prosperity of the people of the
province, but produced the contrary effects ;
— that from the uncertainty as to the la^vs
intended to be introduced by that act, his '^ihk-
jesty's subjects had been obliged to depend
for justice on the vague and ur ertain ideas of
the judges — i>nd that although . had been six-
teen years in force, the court - nad not yet set-
tled or agreed whether the w' >le of the french
laws, or what part of theni, composed the
custom of Canada, as they sometimes admit-
ted and sometimes rejected whole codes of the
french law.

The progress of opinions in Europe, and the
movements in France at the time, probably
also had some influence upon the minds of those

:5 ■

: I '!|

* 1 1

•\ I

I7yi

rhap. at ihe hdlm of affairs in England, in their deter-
'^^ mination to leave to their fellow-subjects in
1774 Canada nothing to be coveted in the example
of foreign countries, particularly in the neigh-
bouring one, and to bestow upon them a con-
stitutior? as liberal as they could desire, and as
might consist with the dependence of the pro-
vince upon the crown and parliament of Great
Britain.

As british subjects who had forfeited their
worldly possessions in the cause of the empire
and its integrity, and had abandoned their
homes in preference to an abandonment of
their allegiance, and migrated to the wilderness
of the north, to seek an asylum and a new
country, they were worthy of the solicitude of
the government and nation to whose cause they
conscientiously adhered. " The loyalists," as
they were denominated, had located themselves
principally in the western parts of the province,
rilong (he north bank of the St. Lawrence, and
in the vicinity of the lakes Ontario and Erie,
where the climate was more genial and the
soil better suited to agriculture than in the
lower section of the province, known as Lower
Canada. The country bordering upon those
great lakes was at the time a vast solitude,
with but very little exception.

On the 4th of March, 1791, the following
message from the king, was transmitted to the
House of Commons : — " His Majesty thinks it
proper to acquaint the House of Commons that
it appears to his Majesty, that it would be for

the benefit of his Majesty's subjects in hispro-ciK.p.
vince of Quebec that the same should be divid- '''
ed into two separate provinces, to be called the "^^
|)rovince of Upper Canada, and the province of ^"
Lower Canada, and that it is accordingly his
Majesty's intention so to divide the same,
whenever his Majesty shall be enabled by act
of parliament to establij^h the necessary regu-
lations for the government of the said provinces.
His Majesty, therefore, recommends this object
to the consideration of this house.

" His Majesty also recommends to this
house to consider of such provisions as may be
necessary to enable his Majesty to make a per-
manent appropriation of lands in the said pro-
vinces for the support and maintenance of a
protestant clergy within the same, in proportion
to such lands as have been already granted
within the same by his Majesty ; and it is his
Majesty's desire that such provisFon may be
made with respect to all future grants of land
within the said provinces respectively, as may
best conduce to the same object, in proportion
to such increase as may happen in the popula-
tion and cultivation of the said provinces ; and
for this purpose, his Majesty consents that such
provisions and regulations may be made by this
house respecting all future grants of land to be
made by his Majesty within the said provinces,
as this house shall thiniv fit." -

Mr. Pitt stated, in introducing his bill on this
subject, " that the division of the province into
Upper and Lower Canada, he hoped would

) (

' 'f

1774 Britain and .he bri.isl '^ "'''^ '^''^'^'' ^om

n'S,. '"^ trusreci, wo Id be tde •? '!' •'. "''^ <^'^'-''*«"'

'o give eaci, a -reat m.11. . '"'' ' ^ '"'"'""er as

;'«^"'-- pa.., airho Lhrcold'no f °"" P^"-

fo draw a complete I no nf *""■ ^'^'P'^cted

jnconvenience. 'ho ve e" t u!7'''\ ^"^
Irom ancient Canadinn, L apP'-ehended

averted by a loc-.l I^Lf i ^ "'''^''' "ou'd be
in each. " • '^'•'' '«'S'«''»'ure to be established

the,' cou'nSt st ur^'""^"'"''"" ^^ "^^ „,o-
^0"«e of Assemblv fl'r rrt" Council and

to be constitute" i the t S Vri^.' ''"""''^" '«
members «f (|,e CWll ^ i ''""^'■' ^"^ 'he
hie; reservin-Mo hi, T ° '"-' ""^'"bers for
«ai" honors .n^here i,t • v'S/" """*:^' «« cer-
Council. All u,,.:ZP > ' °' sitting in the
vince i.ere ,0 rli"''rr '"'"'"' ^^^ '^e pro!
''>«new legislat ,r Th 'T? •'" ^"^'•^^by

vlnc.e!t;l'-. I - -^- o7r p?f

^orapro;';s,tc^:---rf^^P-r-
allotment of lands in nm,! . divisions, by an

panted, and "s n one K"" 'V'"'^^ '^'^'^J
'he inhabitants uoulcl be 'I'V '"'J'"'"^ °'"
meant to provide that it !i '^"/j'°''cs. it was
fo'- his Majesty to as enr^"r'' "°' *'^ '^^f"'
'"'« PU'pos'e. J,,t; S l!^,^";"^ g^f ts for

"'^s^ J^ubmjtting them to

the consideration of the British Parliament, chnp
The tenures were to be settled, in Lower '"
Canada, by the local legislature. Fn Uppci ^^
Canada, the settlers being chielly british, the '«»
tenures were to be soccage tenures. To pre-"*'**
vent any such dispute as that which separated
the thirteen states from the mother country, it
was provided that the British Parliament should
impose no taxes but such as might be neces-
sary for the regulation of trade and commerce ;
and to guard against the abuse of this power,
such taxes were to be levied and disposed of
by the legislature of eacii division.''

The bill was warmly opposed in its progress
through the house by Mr. Fox and some other
gentlemen. They objected, in the first place,
to the division of the province. " It had been
urged," Mr. Fox said, " that by such means
we could separate the english and the french
inhabitants; — but was this to be desired?-—
Was it agreeable to general and political expe-
diency 7 — The most desirable circumstance
was that the french and english inhabitants
should coalesce into one body, and that the
different distinctions of people might be extin-
guished for ever. If thi.^ had been the object
in view, the English laws might soon have pre-
vailed universally throughout Canada — not from
force, but from choice and conviction of their
superiority."

Mr. Fox also proposed that the Legislative
Council, or aristocratic branch of the new con-
stitution should be ** elective." " Instead,

,»

ili.ll

^ 11

(Imp. therefore," — said he — " of the king's naming
"^ the (Council at that distance, (in which case
"7^ they had no security that persons of property
J^' and persons fit to l)e named would be chosen,)
''"' wishing as he did to put the freedom and sta-
bility of the constitution of Canada on the
strongest basis, he proposed that the Council
should be elective. But how elective? — not
as the members of the House of Assembly were
intended to be, but upon another footing. — He
proposed that the members of the Council
should not be eligible unless they possessed
qualifications infinitely higher than those who
were eligible to be chosen members of the
House of Assembly, aiul in like manner the
electors of members of Council must possess
(jualifications also proporlionably higher than
those of the electors of representatives in the
House of Assembly. By this meahs,'* — Mr.
Fox said — ** they would have a real aristocracy
chosen by persons of property, from among
persons of the highest property, who would
thence necessarily possess that weight, influ-
ence, and independency, from which alone
could be derived a power of guarding against
any innovations that might be made,either by the
people on the one part, or the crown on the
other. In answer to this proposition" — Mr.
Fox observed — " it might possibly be said to
him, if you are decidedly in favor of an elec-
tive aristocracy, why do you not follow up your
own principles, and propose to abolish the
House of Lords and make them elective ? —

;,i:

For this plain reason, because the British (hap
House of Lords stood on the hereditary, '"
known, and acknowledged respect of the"^^
country for particular institutions, and it was t«
impossible to put an infant constitution upon''^'
the same footing."

Mr. Pitt, in reply to the various objections
of Mr. Fox and others to the bill, stated among
other matters — •* that the population of Upper
Canada amounted to only ten thousand inhabi-
tants, and that of the Lower Province to not
more than a hundred thousand,''^ an estimate
differing considerably from those already seen.
Dividing the province he considered as the
best means of conciliating the french inhabi-
tants, as they would, by this measure, be made
sensible that there was no intention to forcr
the british laws upon them. It would also, in
elections, prevent that contest between the two
parties, which would be likely to take place,
if there were but one House of Assembly.

Mr. Pitt, again, in answer to a question
asked by Mr. Francis, whether it were his
intention, by the division of the province, to
assimilate the Canadians to the language, the
manners, the habits, and above all, to the laws
and constitution of Great Britain, said, that he
certainly did mean so, and that he was clearly
of opinion, in the present case, that an attempt
to force on them those laws, to which their oWn
prejudices were averse, was not the way ever
to reconcile them to the british laws and
constitution.

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TEST TARGET (MT-S)

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Chap.
HI.

1771

17 91.

The bill, as introduced, gave dissatisfaction
to many in Canada, and Mr. Adam Lymburner,
a merchant, of Quebec, as their agentywa^s heard,
on the 23d March, 1791, against it at the bar of
the House of Commons, where he read an inte-
resting and able paper on the subject : — " While
that province belonged to France," — said Mr.
Lymburner, in addressing the Speaker — " the
country was thinly inhabited ; agriculture and
commerce were neglected, despised and dis-
couraged ; credit and circulation were very
conlined ; and mercantile transactions were
neither numerous, extensive, nor intricaifi, for
the India company had been permitted to
retain the monopoly of the fur-trade, which
wa« aln est the only export, during that period,
from the province. The Pi-ench government
seems to have been totally unacquainted with
the mercantile resources of the country, and
to have estimated the possession of lit merely
as being favorable to their views in distressing
the neighbouring british colonies ; the inhabi-
tants were miserably poor, and the province
was a dead weight on that kingdom. But, sir,
the province has greatly changed since it was*
ceded to Great Britain. At the peace of 1763,
the commercial spirit and energies of those
Britons who have resorted to and settled in
the country have, by promoting industry and
cultivation, discovered to the world the value
of that province ; and thouv;h the efforts of a
few individuals ha^^e not been sufficient to
counteract all the pernicious consequences of

P'
thi

an arbitrary system of government and an un- chap,
certain administration of law, yet they have ^^^
produced a wonderful change on the face of 1774
that country ; the towns and villages are greatly to
increased ; the number of the people is nearly ^^^^
tripled ; there is a double quantity of land
cultivated ; the farmers are more comfortably
lodged, and a great number of ships are annu-
ally loaded with a variety of articles the pro-
duce of the province. If such amazing progress
has been made in the period of twenty-five
years, not only without any assistance from
the government, by bounties or encourage-
ments, but while the province was labouring
under oppression and the people scarcely
assured of enjoying the fruits of theii industry,
what may not be expected from the country, if
encouraged by a generous system of govern-
ment and assisted by the fostering hand of
Great Britain ? When, in consequence of the
people being enlightened by education and
science, the effects of ancient and narrow pre-
judices are destroyed, and the farmers have
been induced to change their present wretched
system of agriculture, I have no doubt, sir,
thtit the province will be considered as a
valuable appendage in the line of trade ; and,
instead of exhibiting a weak government and
impoverished country, it will acquire that de- .
gree of respectability which its situation, soil
and numbers ought 10 command.

'* The bill, sir, now under the deliberation
of this honorable house stJ^tes in the preamble,

tixi

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lit

> ^^ } i

< 4

■r- I

:i i i

i • .

: I
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i ;i

. s

1774

to
1791,

Chap, that the act of the 14th of his Majesty, com-
"'• monly called * the Quebec Act' is in many

'"'"^respects inapplicable to the present condition
and * circumstances of the province.'

" This, sir, is very true, and justifies the
complaints of the people, so often expressed
in their petitions against that act. They have
had a long and painful experience of the ineffi-
ciency of the act. They have severely felt
and suffered under the confusion which that
act introduced into the government of the pro-
vince ; — they have been exposed to the perni-
cious effects of uncertain and undefined laws,
and to the arbitrary judgments of courts guided
by no fixed principles or certain rules, — and
they have seen their property, in consequence
thereof, dissipated without a possibility of help-
ing themselves. It was these evils which
induced them to pray this honorable house that
the act intituled, " An act for making more
" effectual provision for the government of the
" province of Quebec," might be repealed
in toto.

" Sir, though the present bill declares in the
preamble that the Quebec Act is " in many
respects inapplicable to the condition and cir-
cumstances of the province," yet it only pro-
poses to repeal one clause.' Will it be consi-
dered as doing justice to the declaration or to
the petitioners, or to the province to declare
thus publicly, that the act is pernicious in many
respects, and to give the necessary relief only
in one point 1 I have examined the Quebec

JKJ

Act with a great deal of care, but have not chap.

been able to perceive any powerful reason for ^^'

which it ought to be preserved. 1774

******"! cannot perceive any rea- ^-^

i7m
son for retaining that act as part of the new

constitution. Sir, I have understood govern-
ment were fully convinced that what is called
in the Quebec Act, the laws of Canada,
had not yet been defined ; — that though six-
teen years have now elapsed since that act
began to operate, it is yet to be determined
what or how many of the laws of France com-
posed the system of Canadian jurisprudence
previous to the conquest, or even if there was
any positive system, particularly for commercial
transactions.

" Is it intended, by making the Quebec Act
the foundation of the new bill, that we shall
remain in the same state of doubt and uncer-
tainty which has already given us so much
trouble — or that we are, in the new legislature,
to combat the prejudices of these our fellow
subjects, who, being unacquainted with the
nature, the privileges, or circumstances of
mercantile and personal transactions, are little
inclined to favor them? I might instance
Scotland in this particular — how strenuously
did the people of that country contend at the
union to preserve the whole of their own laws?
I believe it will be allowed that the reservation
has not been favorable to that part of the
kingdom, and the people of Scotland were at

G 2

!li iv

' m

i -6

^'lyp- that time much more enlightened than the

^^ Canadians are now.

1 7? I '• Sir, this honorable house may, perhaps, be

mi, ^^^^ ^^*^^^ ^^^ french Canadians esteem the
Quebec Act ; — that some of them have ex-
pres>3ed their approbation of it in petitions to
his Majesty ; and, therefore, that great respect
ought to be paid to the prejudices and prepos-
sessions of these people. I have, sir, a very
high respect for the prejudices of education ;
and every person, I suppose, has felt the eflects
of them ; they often proceed from the most
amiable motives ; and I have known men of the
best hearts and of sound understandings greatly
influenced by them ; but, because 1 respect
these natural defects in my neighbours, would
it be fair or honorable in me to foster, cherish
and encoura2:e them?

" Is it conferring any favor on a people to
nurse and feed prepossessions which from their
very name must be considered as faults or
blemishes ? No, sir, for though it w'ould be
extremely wrong to wound the feelings of a
people, by attempting rudely to eradicate their
prejudices ; yet, I consider it as the duty of
government, in kindness to its subjects, to
weed out these prejudices gently and by
degrees.

'' The french Canadians have now been
thirty years subject to the british empire ; —
they have had time to acquire some of our
customs and manners ; — to study, in a certain
degree, the principles of our laws and con-

PH
an

nil

, t

1774

to
1791.

stituiion, — and I stand before this innorablechap.
house the agent, I have no hesitation tc say, ^^^•
of a number of the most respectable and iniv^I- "^
ligent of these french Canadians, to solicit tht
total repeal of the Quebec Act.

" The investigation which was made by order
of Lord Dorchester, in the year 1787, into the
past administration of justice in the province,
and which is in the hands of his Majesty's mi-
nisters, as w^ll as the disputes between the
upper and lower courts in the province since
that period, will shew that neither the judges,
the lawyers, nor the people understand what
were the laws of Canada previous to the con-
quest. There has been no certainty on any
object of litigation except in such matters as
regarded the possession, transmission, or alie-
nation of landed property, where the custom of
Paris is very clear. I cannot, therefore, sup-
pose that this honorable house will consider it
incumbent on them to gratify the prejudices
of a part of the people on a point of so much
importance to the whole ; — an object that must
continue and, perhaps, increase the confusioni'
which has too long prevailed in the province,
and which has brought the courts into disrespect
and occasioned much uneasiness among the
people.

" I shall hope that this honorable house will
repeal the whole of the Quebec Act, in com-
pliance with the desires of my constituents,
french and english, as being a statute extremely
obnoxious to them. One or two short clauses

■ ■

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i '

:!'i I

-3

'J
11- 1 -^ ,-

5.M

I '

Charfjadded to the new bill will provide for every

^. part of that act which is necessary to be

[i^Lpiained. We shall, perhaps, find it sufficiently

to' difficult to explain and understand the new law;

^'^ but it. must greatly increase our difficulties, if

we are obliged to revert to the Quebec Act,

to know the full extent of our constitution.

*' My constituents wish to receive from the
british parliament a new and complete consti-
tution, unclogged and unembarrassed whh any
laws prior to this period. Acts explaining acts,
or amending acts, however they may be proper
or necessary in the progress of legislation,
often involve the objects in greater perplexity
and confusion, and it is of the utmost import-
ance to the tranquillity of the province that the
new constitution should be clear, distinct,
pointed and intelligible.

" The bill now under the deliberations of this
honorable house proposes, in the second and
subsequent enacting clauses, to separate or
divide the province into two governments, or
otherwise,to erect two distinct provinces in that
country, independent of each other. I cannot
conceive what reasons have induced the pro-
position of this violent measure. I have not
heard that it has been the object of general
. wish of the loyalists who are settled in the
upper parts of the province ; and I can assure
this honorable house that it has not been desir-
ed by the inhabitants of the lower parts of
' the country. I am confident this honorable
house will perceive the danger of adopting

it
ml

\:\)\

a plan which may have the most fatal conse-chan
quences, while the apparent advantages which *^^
it offers to view are tew and of no great 1771
moment.

" Sir, the loyalists who have settled in the
upper parts of the province have had reason to
complain of the present system of civil govern-
ment, as well as the subscribers to the petitions
now on the table of this honorable house. —
They have been fellow sufferers with us, and
have felt all that anxiety for the preserva-
tion of their property which the operation of
unknown laws must ever occasion ; a situation
of all others the most disagreeable and distress-
ing, and which may have engaged some of
these people who could not perceive any other
way to get out of such misery, to countenance
the plans of a few individuals who were more
intent to support their own schemes, than to
support the true interest of government in the
general tranquillity and prosperity of that ex-
tensive country. But, sir, even supposing that
this division has been proposed in consequence
of the general wish and desire of the loyalists,
I hope this honorable hou:>e will consider, en
an object of such vast importance as that of
separating for ever the interests and connec-
tions of the people of that country, who. from
local situation, were certainly designed by
nature to remain united as one, — that the
interest, the feelings and desires of the people
of Lower Canada ought to be consulted and
attended to, as well as the wild project of a

, : 1

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i t

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1 1

to
1791

•

Chap, small body of people, who are thinly scattered
"^- over the upper parts of the province, vvho
1774 have not had time to enquire into and examine
their relative situation, and the natural depend-
ence which then* country must have on the
lower parts of the province.

Sir, in the petitions now on the table, from
my constituents, inhabitants of the province of
Quebec, this honorable house will observe they
have complained that the province has been
already- greatly mutilated, and that its resources
would be greatly reduced by the operation of
the treaty of peace of 1783. But, sir, they
could not have the most distant idea of this
new division. They could not conceive that
while they complained of the extent of their
country being already so much reduced as
materially to prejudice their interests and con-
cerns, it would be still further reduced and
abridged. If, at the time they penned their
petitions, they could have supposed or fore-
seen this proposed division, it would have fur-
nished them with much stronger reasons of
complaint that their interests would thereby be
injured. Sir, I am sure this honorable house
will agree that the province ought not to be
divided into separate and independent govern-
ments, but on the most urgent reasons, and after
having seriously and carefully weighed all the
consequences which such a separation is likely
to produce. For, if, from experience, the divi-
sion shall be fourd dangerous to the security
of government, or to the general interests of

u>
1791

the people, it cannot again be reunited, ^char
That strong principle of nationality or national ^^•
prejudice which at present connects the people TttI
of that province to one another, as being mem-
bers of one state, who, though scattered over
an immense country, yet all look up to one
centre of government for protection and relief,
is of the utmost consequence to \\\c security of
a country where the inhabitants are so much
dispersed. Ii is that political connexion which
forms such a prominent feature in the charac-
ter of all nations ;— by which w^e feel, at first
sight, a degree of friendship and attachment
which inclines us to associate with, and to
serve a subject of the safne kingdom ; — which
makes us look on a person from the same coun-
try and province as an acquaintance, and one
from the same town as a relation ; — and it is a
fact which the history of all countries has estab-
lished beyond the pjQssibility of a doubt, that
people are more united in the habits of friend-
ship and social intercourse, and are more ready
to afford mutual assistance and support from
being connected by a common centre of govern-
ment than by any other tie. In small states this
principle is very strong ; but even in extensive
empires tffetains a great deal of its force ; —
for, besides the natural prejudice which in-
clines us to favor the people from our own
country, those who live at the extremities of an
extensive kingdom or province are compelled
to keep up a connectioi\ or correspondence

* This, however, has been done.

;.,|

Chnp.
ill.

in4

to
1791.

witli those who live near the centre or seat of
government, as they will necessarily, at times,
have occasion to apply for favors, justice or
right ; and they will find it convenient to
request the assistance and support of those
whose situation enables them to afford it.

*' I might here compare the different situa-
tion of Scotland, now united to Englaml and
governed by the same legislature, with some
other of the dependencies of thebritish empire ;
hut I consider it to be unnecessary, as the ob-
ject must be present to the recollection of ever}
member of this Iv^norable house.

" I beg leave to mention as a consideration
worthy the attention of this honorable houst
against the division of that country and th(
establishment of a new government in the uppti
part of it, that the new province will be entire!)
cut off from all communication with Greai
Britain ; — that their government will be com-
plete within itself; — and as from their shua-
tion they cannot carry on any foreign com-
merce but-by the intervention and assistance ol
the merchants of Quebec and Montreal, they
will, therefore, have little reason to correspond
with Great Britain, and few opportunities of
mixing in the society of Britons. How far
these circumstances may operate in gradually
weakening their attachment to the kingdom,
I shall leave to the reflection of the honorable
members.

" These are considerations which I have nc
<loubt will have due weight with this honorabl'

ir seat of
at times,
ustice or
inient to
of those

it.

3nt situa-
anil and
ith some

empire ;
5 the ob-

of ever}

ideration
e houst
and th<
heuppti
; entirely
h Greai
be com
;ir siiua-
gn com-
stance o\
eal, they
rrespontl
anities ol
How far
^raduall^
dngdonj
onorabK

have lu
onorabl'

to
1791.

86 .

house ; and there are many others of a general rhnp.
political nc .. equally strong, and, perhaps, '*'
more pointed, against this innovation, which ^Tm
will necessarily occur in the consideration of
the subject. — But there is one consideration
which is of the utmost importance to the tran-
quillity of the people inhabiting all the parts of
that country, and which will alone, I hope, be
sufficient to induce this honorable house to
reject the plan of a new independent govern-
ment. I beg leave to request that the honora-
ble members will recollect and attend to the
Ideographical situation of that country, from
which it will appear evident that no vessel ol
any kind can proceed further up the river St.
I.avvrence than the city of Montreal, on account
of the rapids which are immediately above that
town.* Of course, as everv article of neces-

• These natural obstacles are now, however, effectually overcome
hy means of steanners and the Lachine Canal. How would the en-
lijihtenediTiind that produced the ahnost prophetic docunruMit we are
ppiusina:, ii it could revisit us, and see ajjain the localities there alhid-
f{\ to, admire the astonishing improvements that have taken place, in
the sliort period that has elapsed since that day. The Lachine, the
(irenville, the Rideau, the St. Lawrence, the Welland Canals, have
opened the way for sea goinj^^ ships from l^ake Huron to the Pcean,
111(1 a canal at Sault Ste. Mane, of a mile or less, at no great expense,
(aol exceeding £100,000, if so much.) would render lake Superior
iccessible to ships from sea and war steamers, These are, of them-
selves, gratifying proofs of the superior enterprise and energy of the
Initish race, and british colonists in the Canadas, by whose industry
iuid capital chiefly these great improvements have been effected, and
j!i the rapidly increasing numbers of whom, at no distant period from
'111' present time, their less enterprising, though, perhaps, more frugal
Urllow subjects of the other origin, claiming a national existence as la
nation canadienne will be merged, as they once imagined, and possi-
lily many of them still may, those emigrating hither from the british
isles, would be, in the midst of the *' nation.^* This whim, imaginary
and idle as it is, tending only to keen alive national prejudices, and dis-
tinctions of national origin among british subjects, for the benefit of a

■

4 i'

. ,i ■ i

■J

; i

to
1791

''U

;

i^VII

/^v,BI-

;

'Ri

^ if...-|j

■•:^ iiiiit

chnp. sity, or luxury, which the inhabitants of the
^^^ upper district have occasion for from Britain,
7^ or any foreign country, must come to them by
the river St. Lawrence, f they must be landed
at or below Montreal, where they must be
stored by the merchants of Quebec or Montreal,
until carriages and boats are provided to send
them forward ; — likewise, that every article of
produce which the people of these upper dis-
tricts wish to export, must be sent in boats to
Montreal ; or perhaps to Quebec, for the pur-
pose of being shipped for exportation, and that
as well the articles of import as of export must,
in passing through the lower country, become
subject to the laws, regulations, duties and taxes
which may be imposed by the legislature of thfe
lower country. Now, supposing the division
to take place, os it may be expected that the
new legislature of Quebec shall, in due time,
provide a revenue towards the support of the
civil government of that part of the province, it
is more than probable that whatever money is
raised for that or any other public purpose,will
be done by duties payable on importations. It
js, therefore, an object that deserves the most
serious reflection of the honorable members, to

few to the injury of the mass, a?.d to perpetuate the isolation of the
Canadians of french descent from the great ent;:liah, or as it is fasluon-
able to term it, anglo saxon family of North* America is still, it seems,
entertained, notwithstanding the unsuccessful attempts of 1837 and
1838 to realise the " nationaliU-' so ardently, but we wiliudd, hope-
lessly aspired to.

f Here, again, what would be his astonishment to find New York,
the favorite seaport for importations to Upper Canada, and Portland,
(in Maine) to Montreal.

ants of the
om Britain,
to them by
t be landed
iy must be
)r Montreal,
ded to send
ry article of
J upper dis-
: in boats to
for the pur-
on, and that
jxport must,
;ry, become
es and taxes
lature of thfe
the division
ted that the
due time,
port of the
province, it
er money is
urpose,will
rtations. It
the most
embers, to

isolation of the
|r as it is fasluon-
is still, it seems,
iptsof 1837and
will add, hope-
find New York,
la, and Portland,

1774

to
1791.

consider how far the people inhabiting thechap.
il upper government will approve of, and be con- ^^^
tent to pay taxes or duties on their importations
or exportations, when the produce of those
taxes or duties is to be applied towards sup-
porting the expenses of the civil government of
the lower province, or for building public edifi-
« ces; or otherwise improving or beautifying
IB that part of the country ; or the purpose of
granting bounties or encouragement to promote
agricuhure or particular trades or manufactures,
of which the people in the upper province
cannot, from their situation, in any manner
participate in the advantages. ► • -

" It is impossible, sir, if the province of
Quebec is divided, for the wisdom of man to
lay down a plan for these objects that will not
afford matter of dispute and create animosities
between the governments of the two provinces
which, in a few years, may lead to the most
serious consequences. This would be sowing
the seeds of dissension and quarrels which,
however easy it may be to raise, it will be found
extremely difficult to appease. , ' -

" I see, sir, there has been amendment made
to the bill, in the committee, relative to the
duties which may be ordered to be levied by
jiarliament for the regulation of commerce,
which is — ' that parliament may appoint and
direct the payment of drawbacks of such duties
so imposed.' This, sir, I suppose is intended
to give drawbacks to the upper part of the
country on such goods as are carried there

i' ' ;

; ■ ;/ J

I ■,'

88 - ,

Chap, which may have paid duties of entry on impor-
"^' tation into the lower country. But this will
rm open a wide door for smuggling in a country
1791 ^h®'^^ there is no possibility of preventing it,
- ' and I am sure the people of the lower country
will not be pleased to see large sums of money
levied on the importations drawn back by
smugglers. This will be found a very ineffec-
tual mode of providing a remedy for an object
of that importance, and may have the most
serious consequences by raising questions ol
the most delicate, and, to the province, of the
most interesting nature.

" In short, sir, this division appears to me
dangerous in every point of view to the british
interest in America, and to the safety, tran-
quillity, and prosperity of the inhabitants oi
the province of Quebec. It Ynay, perhaps,
have been alleged in favor of dividing the pro-
vince, that the distance which some of the
deputies of tlie upper districts will have to
travel to meet those of the lower districts in
legislature, would be inconvenient and expen
sive ; but, sir, is the convenience of fifteen or
twenty members of the legislature an object of
such moment that the tranquillity of the whole
of that extensive country must be endangere('
to assure their ease 7 Do not Caithness and
the Orkneys send members to represent then:
in this honorable house 1 And I will venture tc
assure this honorable house that it will not be
more difficult to travel in the inhabited parts ol
that country than it is from the Orkneys te

1 impor-
this will
country
nting it,
country
f money
)ack by
inefFec-
1 object
be n\ost
stions ol
>, of the

rs to me
le british
ty, tran-
)itants ol
perhaps,
the pro-
of the
have to
tricts in
i expen
fteen or
bject oi
e whoh
langere('
less and
;nt then:
;nture tc
111 not be
parts 0;
Ikneys t*

London. I beg leave on this point to bring to cniap.
the recollection of this honorable house that "^
the distance from Quebec to Niagara is about \ 774
500 miles, and that Niagara may be considered Jo
as the utmost extent westward of the cultiva-
ble part of the province. For although there is
a small settlement at Detroit, which is and
must be considered of great importance as a
post of trade with the Indians ; yet it must ap-
pear to this honorable house, from its situation,
it can never become of any great importance as
a settlement ; the falls of Niagara are an insur- .
mountable bar to the transportation of such .
rude materials as the produce of the land.* As
the farmers about Detroit, therefore, will have
only their own settlement for the consumption
of their produce, such a confined market must •
greatly impede the progress of settlement and
cultivation for ages to come. Sir, as the
greatest extent of the cultivable part of the pro-
vince westward, may be estimated at 500 miles
distance from Quebec, the districts of Gaspe
and Chaleurs Bay are almost as far east of
that capital, being about 400 miles distance.
So that Quebec is nearly in the centre of the
cultivable part of the province, and when the
roads are properly made, which will be the
course in a few years, the distance of either of

* Here, also, Mr. Ljrmburner would be surprised to find how realities
have outstripped his imagination. The pr n;ress of the country be-
tween Niagara and Detroit, and, indeed, in aii that western country,
ha? been wonderful since his day ; and the Falls of Niagara, far
from having been insurmountable, are actually overcome by the
Welland Canal. — But these remarks of Mr. L., are like spots in the
Sun, not blemishes— but subjects for our admiration.

.1' ! I

i m

' <i: ^ 1

! >

w^fl V

1774

1791

^}\*P' these places will not be considered as any

v^;^ material objection.

•' This honorable house will likewise con-
sider that in such an extensive country it is
impossible to fix the residence of government,
or the seat of legislature and superior courts in
any place where some of the members of the
• assembly, if they are residents of the districts
for w^hich they are chosen, will not have a
great distance to travel ; and, therefore, 200 or
300 miles is not an object of consequence,
more particularly when it is considered that it
will be through the old settled part of the
country, where the roads are tolerably good,
^ accommodations convenient, and travelling ex-
peditious. Besides, it cannot be expected that
the new settlers will be for some time suffi-
ciently advanced in the cultivation of their
farms to find it convenient to be absent from
their homes three or four months, for the ser-
vice of the public, either to meet the legislature
in their own country or at Quebec ; and it is
more than probable that they would, for some
years at least, prefer choosing for their deputies
gentlemen residing in Quebec and Montreal,
who being connected with them in the line of
business will be sufficiently interested in the
prosperity of these countries to make them
attend to any thing that concerns the new
settlements.

" All the trade of these upper settlements
must, from their situation, depend on and
centre in Quebec and Montreal. The difficul-

>Mk ^-ti

;«

lies of communication in the mercantile line <^'^*^p-
are already very great, and require much per- ^^J^
severance and industry to overcome them. — 1774
This intended division will naturally create. ^^^j
many more obstacles, and will immediately be
injurious to and eventually operate to the ruin
of both countries. . ..

" Sir, it may likewise have been asserted in
favor of the division, that the loyalists in the
upper districts must have a code of laws for
landed property and inheritance different from
that of the lower districts, where the tenures
are all on the feudal system ; but that is an
argument which cannot have any great weight
with this honorable house. The union of Eng-
land and Scotland, under one legislature,
shews that though two countries or districts
may have different laws to regulate and govern
their courts of justice, one* legislature may
be fully sufficient for all the purposes of legis-
lating for both, and can attend to4he laws and
regulations or alterations that may become
necessary or convenient to either. I have not
heard that the people of Scotland have ever
complained that their interests have been neg-
lected by the british legislature, or that such
laws and alterations as have appeared neces*
sary, have been at any time refused. The
upper districts, therefore, can have no just
cause to be afraid of being included as mem-
bers of the province of Quebec.

** There are, sir, between three or four thou- .
sand loyalists settled upon the banks of the

1 1

1774

1791.

Chap, river Cataraqui and the norih side of lake
JJJ^ Ontario, in detached settlements, many of them
at a great distance from the others, besides
those on Lake Erie and at Detroit. Civil
government cannot have much influence over a
country so thinly inhabited, and where the peo-
ple are so much dispersed. During twenty
years that I have resided in that province, I do
not recollect a single instance of a highway
robbery ; and the farmers consider themselves
so secure that they often go to sleep without
bolting their doors. ' '

" The crimes which have been brought be-
fore the criminal courts in the province have

■^ been generally committed in the towns and
their vicinity, where the concourse of strangers
encourages vice and immorality, and where
idleness, drunkenness and dissipation lead to
quarrels, thefts, and sometimes, but very sel-
dom, to higher crimes. It will be evident, from
these facts, that a criminal judge will have very
little to do in these upper districts where there
are no towns, and where a stranger must at all

, times be a desirable sight,

'' In the year 1788, lord Dorchester, in con-
sequence of an ordinance of the legislative
council, divided these upper settlements into
four districts or counties, and, for the conveni-

~ ence of the people, established a court of com-
mon pleas in each district, and appointed judges,
justices of the peace, and sheriffs for each ;
and these people, .since that time, have had
their courts regularly. How far it may be

r lake
f them
esides
Civil
over a
e peo-
:wenty
e, I do
ghway
iselves
i^ithout

^ht be-
e have
ns and
•angers
where
lead to
ry sel-
tj from
ve very
3 there
at all

n con-
slative
nts into
)nveni-
f com-
udges,
each;
ve had
fiay be

*i0

proper to appoint a chief justice having juris- "riwp
diction over the districts, to act as a criminal ^'^
judge when necessary, and with a lieutenant "7774
governor, to carry into effect the powers and ^"
orders of government, to form a court of errors
or appeal, to revise the proceedings of the
courts of common pleas, I shall not presume to
say ; but ?uch an establishmiCnt cannot be any
impediment to the union of the country under
one legislature ; — and I beg leave humbly to
suggest for the consideration of this hongrable
house whether a large society, from the variety
of contending interests which it includes, may
not be more easily managed and governed than
when it is divided into smaller and more com-
pact bodies." . - ,. >

How far JMr. Lymburner's anticipations have
been realised let the evonts answer. Any man
who is at all acquainted with the course of
public matters in Canada and its general his-
tory, for the last forty years, will not fail to
appreciate the wisdom and the foresight with
which he treated his subject before the repre-
sentatives of the kingdom. According to the bill,
the le2:islative council was to consist of coun-
cillors appointed for life by the king, and to
hereditary titles of honor his Majesty was
authorised to annex the right of being called
to this council ; in other words, to establish an
hereditary Canadian peerage or aristocracy.
On this Mr. Lymburner remarks i-^
" By the bill now under the consideration of this
honorable house, it is proposed that the office of

i r i;

l'.''f

U ^ i

1791.

Chap, member of the legislative council may, at his
^^^- Majesty's pleasure, be made hereditary : that is,
Tm to ^orm a kind of nobility or aristocratic body jn
^ that province. This, sir, is going further than
the people have desired, as this honorable
house will see by their petitions, for they have
therein only requested that the councillors
should hold their places during their life and
residence in the province. This they consi-
dered was all that was necessary for them to
ask, or that was proper and expedient for the
the present to grant them. The idea of here-
ditary councillors, like many other speculative
opinions, has more of plausibility in it, than of
real advantage. It is an expedient extremely
dangerous in any infant or young colony, but
it must appear absolutely ridiculous in the
province of Quebec, where there are so few
landed estates of any considerable value, and
where, by the laws of inheritance, these estates
must, at every succession, be so much subdi-
vided. The laws of primogeniture, as followed
in this kingdom, enable the representatives of
noble families to support the dignity and splen-
dor of their situations, and to live in that state
of independence which secures the proper
respect to their elevated rank, as hereditary
peers of the realm ; but, sir, the french laws
relating to succession and inheritance, which,
by this bill, are intended to regulate the landed
property of the lower part of the country, give
to the eldest son, on the death of the father,
only one half of those of his father's landed

(States, which are held by what is called in the^hap
freiich law noble tenure, that is, in fief and tn.
seigneurie immediately from the crown. The'"^;;;^^
other half of these estates is divided amongst to
the other children ; and the moveables as well ^^''^'
as those landed estates which are held by grant
and concession from a subject, which are call-
ed base tenures, are equally divided among all
the children, male and female. Therefore, as
there are very few ge itlemen in that country
who possess estates of the first description, in
fief and seigneurie, which produce to them a
clear annual revenue of c£500, sterling, this
honorable house must perceive the impropriety
of making any honorable posts in that country
hereditary. For these estates, from the mere
operation of laic, independent of the impru-
dence of the possessors must, at every succes-
sion, be reduced to one-half; and, in two
generations,-' must inevitably sink into insignifi-
cance ; and the hereditary councillors, from
their poverty, become the objects of contempt
to the public. Sir, the amazing progress of
population in that country, points out the little
probability of places becoming vacant for wnnt
of heirs.' It may, therefore, be found diflicult,
in a few years, to support the dignity of that
council by new creations, without increasing
the number of the members tdo much.

" It may, perhaps, be said, sir, that the fami-
lies of these hereditary councillors may be
supported in an independent situation, by intro-
ducing the laws of primogeniture into the

i::;

' IE

ir M

i \

li'

iiiil

96 ^

rhap. constitution of that country. I shall Hot attemj •

"^- to discuss the advanta";es or disadvantasjc^

,774 which that law produces in this kingdom ; bin

J" I can, without any hesitation, assure this hone -

■ rable house that it would be extremely injurioii

to that province. The french law, as followc •

at present is, in that respect, much bett '

"calculated for a young province, where it is ( i

great benefit and advantage to cultivation and

population, that landed property should be

divided and Ikictuate and change its owners ;

and more particularly as some establishment is

necessary for the younger branches of families

in a coimtiy where there are no manufactures,

V and where a young person, without fortun( ,

has few opportunities of setting out in life in

' respectable line. - ^

*' But suppose the law of primogenitun-
shall be established, and the estates of these
new created hereditary councillors thereby
secured undivided to the oldest son : suppos
even that the estates now belonging to ihes
new councillors shall be entailed upon their
heir at law; all that would have very little
etfect, and those estates would be far from
sufficient to support the dignity of hereditarv
councillors, which, probably, would be con^i
dered the highest rank in that country. For,
^ poor as that country really is, in consequence
of the oppressive system of laws they have been
kept under, there are now among the mercar.
tile gentlemen in the province, those who v
moveable fortunes are perhaps equal, if n-'

<-'

i -1

.superior to any of the seigniorial estates, ancl^lil''
who, from the ennployment and support they .^.^
give to thousands of the people, have inlinitely »774
more influence in the country than the seig- j;^,
neurs. For it would not be difficult to prove
to this honorable house that the seigneurs are
almost universally disliked by their tenants;
but this is a natural consequence of feudal
servitude when its strong support, a slavish
dependence on a great chief, is removed.

*' From these facts, I hope this honorable
house will see the impropriety, and I may say,
the danger of rendering the place of councillor
hereditary in that province. The country is
yet too young, and the people are too much
dispersed to admit of that refinement ; and the
fortunes are too small to support an establish-
ment of that kind, or a proper style of indepen-
dence. ^'' *" ' ►

" How far it may be proper and judicious. ^
if his Majesty should so incline, to confer here-
ditary honors on gentlemen of the greatest
property and influence in that country, by way
of attaching them more strongly to the interests
of government, it would be improper for me in
this place to discuss. But if such a plan is
considered expedient, these hereditary honors
ought to be independent of the place of coun-
cillor. These gentlemen may, at the same
time, be admitted of the council, and on the
demise of any of these honorable councillors,
the son who succeeds to his father's hereditary
honors may, if his Majesty pleases, be named

i<ii

$ I

III!

ill

,f I

I I

■1

:.l

Chap, to succeed to the vacant seat at the council
''^ board ; for the place of councillor will ever hv

"■JTJV considered as honorable in that country, unless
to it is degraded by the insignificance and incon-
''^^' secjuence of the members, which it is extreme
ly probable will be the case, if the places ait
made hereditary. For, supposing that tli'
councillors to be appointed in consequence o\
this bill, should really be those who have tli
greatest inlluence and possess the greater
fortunes in that country, this honorable hous^>
must perceive, from the very small value of th*
landed fortunes, that the only means of accu
mulation must be by the operations of trad(

, and commerce ; and I think I may venture tc
assert, that it is more than probable, in twenty
years, nay, perhaps in ten years, a new set ul
men m-dy come forward who may have acquir-
ed and realised fortunes much superior to an\
now in that country ; and who, it is natural to
suppose, will possess a proportional degree of
political power and influence.

" I shall hope that these arguments are sulli-
ciently powerful to convince this honorabK
house of the impropriety of malving the plat
of councillor hereditary ;* as it may, in a fe^.
years, greatly embarrass government, and be
the means of degrading the aristocratic branch
of the legislature, from their poverty or the
numbers, in the eyes of the public, which 1

* The provision, however, was persisteu in and became par^ ;
the act. but was never, in any instance, acted upon in either of !;.•
Canadas. ^ /

. i...

1774

1791.

submit as an object of very serious considera- chap
tion to this honorable house." •'*•

Passing over a variety of other inlcresting'
matter in Mr. Lymburner's discourse, the fol-
lowing particularly deserves attention : — " I
hkewise observe that the governor is to be
vested with the power of nominating and
appointingj from time to time, the returning
officer. Sir, this is j>lacing the whole power in
the hands of the governor; — he is to divide the
j)rovince as he pleases, — he is to order the
proportion of representatives as he pleases, —
and he is to have the power of naming whom
he pleases to act as returning officer. Sir, the
iVeedom and independence of the legislature
is an object of the utmost importance to every
country ; and it has been one great cause of
complaint against the Quebec Act, that the
legislature was too much dependent upon the
governor. But. sir, I know that this honorable
house will not place so much power in the
hands of any man, particularly where there is
no responsibility. 1 know that this honorable
house will make such provision as will save the
province from the dangerous consequence of
such unlimited power. Sir, the distribution of
the representation is an object of the greatest
importance to the province, and ought to be
settled, in a certain degree, by this honorable
house : I hope I may be excused for presum-
ing to say that there has been a radical defect
in the representation of all our american colo-
nies. From the nature of the settlements, there

' 11

I ■:

1 ,

■^

■11

In'

100

Chap, are few towns in these colonies, and as these
*^^ towns have had only their proportion of repre-

"7^ sentatives, the landed interest has always
to been too prevalent, and has, at times, greatly
oppressed the commerce* and impeded the
operations of government. In this kingdom,
sir, of 558 members of which this honorable
house is composed, there are only 122 knights
or representatives of the landed interest. I do
not mean to enter on the discussion of the
propriety of that division, but I hope it will be
allowed that the towns ought to have such a
proportion of representatives as to preserve
the equilibrium between the two interests,
which is for the general benefit of both. ^ *
In the province of Quebec, sir, we have, in
fact, only three cities or towns ; and if these
are to have only the proportion of representa-
tives which their numbers bear to the genera!
population of the province, they will have a
very small representation ; indeed, not above a
seventh or eighth part. This is a considera
tion worthy of the attention of this honorabh
house, and I hope they will determine on and
settle the proportion of representatives for thi

" Sir, it may, perhaps, be expected from thi
1 4th clause of our petitions, that in consequen
of our being allowed representatives in th

* And 3iich proved to be the case in the assembly of Lower Canad >
in which, with the exception of the iirst parliament, the commerce "l
the country was never adequately represented ; and such, also, hitherto
has been Ine case in the parliament of United Canada, swarming with
attornies.

101

legislature, the province shall immediately raise chap.
the necessary funds for defraying the expenses "^
of the civil government. i^^^

'• I acknowled";e that it is the intention of to
my constituents that the province should sup- ' ^ \
port these expenses. 1 will say further, it is a ,
shame the province has not paid these expenses
many years past ; — but there are situations
when the impossibility of doing what is right '
and proper obliges an individual, or a public, to
stifle that keen sense of shqime, and to expose
their inability to perform those duties which, of
right, ought to be expected from them.

" Sir, that province has been so long op-
pressed by an arbitrary system of government,
and the tyranny of uncertain and unknown laws ;
— the country has been so much neglected
and every object of industry and improvement
apparently discountenanced, as to be now
reduced to such a stat j of langour and depres-
sion that it is unable to provide for the expenses
of its civil government.

*' Sir, we may be reproached, perhaps, for
our poverty ; nay, we have already been
reproached by some ungenerous minds with
our unhappy situation ; but it is a misfortune to
be poor, not a crime. Is it not a natural, if not
an infallible effect of arbitrary government ? —
Have not poverty and wretchedness ever been
the attendants of arbitrary power ? — Italy,
Sicily, Greece, Asia Minor, the coast of Bar-
bary, were rich, populous, and powerful coun-

i'2 ^

\l-

' i

' t

r %

102

Chap, tries while they encouraged free governments.
J^ " Sir, to recite all the species of oppression
1774 which that country has suftered would encroach
too much on the indulsjence of this hono-
rable house. We have been told that ignorance
and poverty were the best security for the
obedience of the subject ; and thai those who
did not approve of these political principles
might leave the country. We have, however,
the happiness, sii-, this evening, of seeing our
affairs submitted to the inspection and discus-
sion of this honorable house. But, sir, we have
had a long and painful struggle to arrive at this
desirable issue. We have had to encounter
numberless difficulties which the pride and
insolence of a set of men, whose minds were
corrupted by the exercise of despotic power,
have thrown in our way in every step we made,
and it is only by great perseverance that we
have been able to overcome these difficulties.
But during this long contest the country has
been exhausted, and we hope this honorable
house will exercise that tenderness and gene-
losity towards us which our unfortunate situa-
tion requires. Such, sir, has been the unhappy
tendency of the government of that province,
that not only the people have been oppressed
?nd the resources of the country neglected ;
but almost every public building in the province
has been suffered to fall to decay and perish.
There is not a court house in the province,
nor a sufficient prison, nor a house of correc-
tion : — there is not a public school house. In

103

short, the country is reduced absolutely to a chap.
state of nature. These are objects which will ^^^
require the immediate attention of the newTrTT
legislature. Besides, a house must be prepared J^'
for the reception of the legislature — the travel- ^' '"
ing expenses of many of the members must
probably be paid, and, perhaps, a daily pay
iluring the time of sitting. Taxes or duties
must be laid on the people to build the neces-
sary edifices ; and, to provide for these and
other purposes, which, added to what may be
necessary to be employed in bounties and pre-
miums to engage the farmers to change their
present miserable system of farming, and to
t^ncourage the preparing of our produce in a
better manner, to suit the different markets,
will be as much as the province can possibly ^
raise for some years.

'* It may, perhaps, be said that Britain ha?
been burthened already too long with the ex-
penses of our civil government. Sir, I agree .
that it has been too long the case, but it has
not been our fault. It might have been other-
wise many years ago, if our petitions had been
attended to. * * * * '^ * I therefore hope
this honorable house will either order the
necessaty provision for the purposes I have men-
tioned, or release the province of the expenses
of the civil list for a certain number of years."*

• This was complied with, it must be admitted, most liberally, at,
i^ast with respect to Lower Canada. It was not, as will be seen in
Ihe sequel, until 1818, that the assembly of this province w^as ralle<J
\ipon, pursuant to their voluntary offer in 1810, to vote the ne<'ossu!y
expenses of the civ,U government.

1
!

1 -^ i

(■■

1 I

Mil

104

d-i

Chap. Mr. Lymburner again resuming the subject
^" of the intended division of the province into
^^ two, observes : — " It is a rule, I believe, univer-
to sally followed in common life, when the alter-
'^^^' native of two difficulties is given, always to
choose that which is likely to produce the
least evil ; and,- I presume, the same rule may
be adopted with advantage in politics. We
trust, therefore, that in arranging the new con-
stitution, this honorable house will save us from
the troubles and difficulties that must result
from the plan proposed in the bill, for, under
a new constitution, it will evidently require
some time not only to make the people fully
acquainted with the great advantages of a free
constitution, but also to make them fully com-
prehend all the duties which a free government
requires of the subjects, and^as this honorable
house must perceive,the great danger of dividing
the province and of disuniting the people at
such a critical period.

*' Sir, I have considered the subject a thou-
sand times since 1 first heard of this intended
division, but have not been able to form any
reasonable idea of the motive which has induc-
ed the proposition oT such a dangerous experi-
ment. If I should admit, what I do not believe
is the case, that the loyalists settled in the
upper parts of the province have generally
requested this separation, I know that the wis-
dom of this house, before complying with the
wild request of a people, will consider it as
necessary to enquire into the reasons which

105

may have engaged them to prefer such peti- chap,
tions ; for a people may be deceived in political JJ^
plans by the specious pretences of designing 1774
individuals. Instances of this are, perhaps, ^j^^
within the recollection of every member of this
honorable house. When the loyalists began
their settlements in tne year 1785, the lands
were then entirely covered with woods, they
had then to clear the lands and build themselves ■
houses, and on that account government gene-
rally assisted them, by furnishing them provi-
sions and many other articles necessary for a
new settlement ; and though I will allow that
they have, for the time, made great progress,
yet 1 may safely assure this honorable house,
that before last year, their farms had not fur-
nished them with more than a bare subsistence,
and if it had not been for the compensation
which they, with many others, received from
the generosity of this nation, many of them
must have been at this period in great distress.
Can it be supposed then, that a people dis-
persed as they are, and whose minds have thus
far been entirely occupied in procuring the
means of subsistence, have had time to consi-
der of their political situation, or that they have
been able to procure sufficient information on
the consequences of such a separation as would
justify such a request to the british legislature?
^* Will any person assure this honorable
house that the loyalists settled in the district of
Lunenburgh, w^hich joins the district of Mont-
real, have advised and consulted with those

li i^N

< <i

1 1

-IJ *

106

'I i

Chip, who are settled at Niagara or Detroit, on the

^^^ propriety of this measure? I am confident, sir,

^tTI ^^^^^ "^ person will assert any such thing ; for,

j'^ I believe I may truly say, that few of the people

'of these different settlements have ever seen

one another since they began their settlements

except, perhaps, in passing to Montreal.

" What kind of government must that upper
part of the country form 1 It will be the very
mockery of a province, three or four thousand
families* scattered over a country some hund-
red miles in length, not having a single town,
'% and scarcely a village in ihe whole extent ; it
is only making weakness more feeble, and
dividing the strength of the province to no pur-
pose. Sir, a measure of this importance ought
not to be adopted on the suggestion of one or
a few individuals. The happiness, tranquillity
and security of every part of the province is
involved in its consequences, and I cannot
doubt that the british legislature will attend to
the interests of the people of every part of the
province. But will it be said that the people
inhabiting the province of Quebec have been
consulted on this grand question ? Will any
one assure this honorable house that this pro-
posed division has been approved of by the
inliahitants of that province 7 or that they have
by their petitions, requested it ? If any such
petitions shall be laid before this honorable

• A census of the province of Quebec was taken in 1790, whicti
made the population amount to 224,4<36 — (Mr. Smith's history) — Mr.
Pitt stated in debate on the Quebec Act, that the population of Upper
Canada did not exceed 10,000, including men, women and children.

107

house, I hone the honorable members willchap.
consider not only the apparent motive and ten- ^^^•
dency of the request, but likewise therespon-'^ij^
sibility, influence, and numbers of the peti- it91.
tioners. Sir, if I recollect right, it was said at
passing the Quebec Act, in 1774, tlmt the
french people had petitioned for the introduc-
tion of the french laws and system of govern-
ment into that province. The names of the
trench inhabitants had, of course, great influ-
ence on the deliberations of parliament, as,
at that time, they formed, perhaps, nineteen
twentieths of the population of the province.
But, sir, if these petitions had been submitted
to parliament, it would have appeared, so far
from comprehending the whole french people,
that they were signed by a very small number
of them, only about 100 ; and that even among
these were many very insignificant names.

*****" Sir, when we proposed that
the province should, as soon as her afl'airs are
brought into some kind of order, raise the
necessary supplies for defraying the expenses
of its civil government, we considered it a duty
we owed to the empire to relieve Great Britain
of that charge ; but, if the province is divided
as proposed in this bill, it will most eff'ectually
destroy our hopes and good intentions in that
respect ; for, although I have no doubt that the
united province will, in a short time, be able
to raise suflUcient to relieve Great Britain of
the expenses of our civil government, I can,
without hesitation, assure this honorable house,

'in

\ F

Mi.

IffS

Chop/ that it will be absolutely impossible for them
'"• to raise sufficient to support two governments

7^^ " Sir, .though it may be necessary, for th(

1791. convenience of the people, with regard to thr
distribution of justice, to divide an extensive
country into small districts, I hope I shall be
excused for saying that I think it must be dan
gerous to the tranquillity of government t(
divide it in that manner for the purposes ol
legislation.

" If at any future period, experience vshouj.'
point it out as expedient for the advantage an •
%4 safely of government, or for the general conve-
nience and prosperity of the people, to divid

•*' that country, it may then be done with mor<
judgment, from a more certain knowledge oi
the consequences of such division. The incon
veniences that may arise from continuing the
province united under one legislature are few,
and they are well known and understood. Tht
advantages are unanimity, mutual support^ and
strength ; but no man can tell the dangers of
a separation. The dangers, however, to be
apprehended are political weakness, disunion,
animosities and quarrels. - . ■

**#**« WhdX they (the inhabitants of
the province) want is expressed in their peti-
tions now on the table of this honorable housV,
and it is nothing more than the principles ol
the english constitution. The articles are plain
and simple and easily understood, and what,
as far as my judgment in politics will go, maj
be granted without injury to any class of peopk*

f 1

t:m

1774

1791.

109

in the province, or the interest of Great Britain, c hap
as they are nearly similar to the constitution of ^"
»he other colonies and provinces of the empire.

" They pray, sir, that the Quebec Act may
be repealed in toto, as being too imperfect a
system to serve as a foundation and secure the
tranquillity and permanency of the new govern-
ment, and they have taken the liberty of stating
in a few concise and very clear propositions
or articles, those laws or principles of laws
ubich they wish may be made fundamental
parts of that new constitution.

" They pray that a triennial house of assem-
bly or representatives of the people may be
a constituent part of the legislature, with a free
admission therein of roman catholics.

** That a council appointed by the king be
another constituent part thereof, consisting
of a limited number ; and that the members
hold their places for life, residence in the pro-
vince, and good behaviour.

*' The laws which they wish to be funda-
mental are, — the criminal laws of England for
the whole province — the commercial laws and
customs of England for the whole proving e —
the Habeas Corpus act 31. Charles II., and the
other acts, relating to personal liberty for the
whole province— the ancient laws and customs
of Canada respecting landed estates, marriage
settlements, inheritance and dower, for the
districts of Quebec, Montreal and Three Rivers
as at present bounded, with a reservation that
proprietors may alienate by will — the common

■HI

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lit

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Chup
III.

177'1

17«1

110

law of England for the districts of Lunenburg.
Mecklenburg, Nassau, Hesse * and Gasp^,

** That optional juries may be granted in
civil cases, on the same footing as in England,
except that nine jurors out of twelve may bt
sufficient to establish a verdict.

** That the sheriffs, which is an office of
great trust and responsibility, may be struck
annually, by the governor, from a list presented
by the assembly.

" That the judges may not be subject to
suspension or removal by the governor.

" That offices of trust may be executed bv
the principal in the appointment. — These an
the principal articles which they propose for
their new constitution.

* * * iff * u gjj, I consider it as absolutely

necessary that the british parliament should
establish the great outlines of our constitution .
— that they should point out clearly those prin
ciples of law which are to direct and gover-:
the legislature of the province in their futurt^
deliberations. If that is done, the parties will
more easily approach and assimilate together,
and mutually accommodate one another in such
parts of either of the systems as require sof-
tening or modifying.

" There are among both the english and
french inhabitants who are proprietors of lands
held under the feudal grants: — there are ot
both who are married and have families ; — anu

* These four districts were in tliatpart of the province of Quebv-c
which subf?e'juently constituted Dpper Canada.

?!nl)urg.

nted in
ngland,
may be

ifRce of
struck

esented

> t' ■

bject to

•

!uted bv
bese an
pose for

solutelv

shoul !
itution .
)se prin-

goverri
r future
ties will
ogether.

in «ucii
ire SOI-

ish and
of lands
e are ot
s ;— anvi

ol Qveb '<■

111

there are of both who have personal dealings (i.^p.
and transactions. The old laws, therefore, f^i
^^hich are requisite for these purposes, are'J^r^
necessary to, and must be desired by both, to
But, sir, the whole trade and commerce is in '^*'
the hands of, and depends on the english. It
is, therefore, extremely necessary for them to
have laws fitted and applicable to the nature of
commercial dealings and transactions. As the
french Canadians are not much engaged in these
pursuits, they cannot be much aicquainted with
its operations, and may not feel the anxiet}
and trouble which the want of proper laws
occasions to the mercantile body. It is only
from its trade that the province can be useful
or in any wise of importance to this kingdom,
and on that account it is the more necessary to
establish such laws as will promote and increase
it. We, therefore, hope, that parliament will
repeal the whole of the old system, and in the
new constitution, give us those parts of the
english and french laws which we have pointed
out as necessary to us.

***** « J likewise beg leave to submit
to this honorable house, if it would not be pro-
per to insert in the clauses concerning future
grants of land, a power to authorise his Majesty,
with the consent and advice of the legislature
of the province, to change the tenure of the
lands granted and now held under the feudal
tenure, when requested so to do, by petitions
from the proprietors for that purpose. I mean
that the government should, upon petition.

1 i

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i r

112

Chap, acceptor the surrender of the old feudal grants,
J^ and regrant the same to the proprietor in tree
1774 and common soccage. This being optional and
*;jj not compulsory, cannot meet with any opposi-
tion ; and, in a short time, might be hapjil}
assistant in anglifying the colony, as it would,
by degrees, remove that detestable badge —
vassalage.

** I have now fully stated the defects of tht;
hill, as it at present stands. My objections go
principally against the following clauses : —

" The establishment of two independent
legislatures in the province. '
;v " The making the place of councillor here-
ditary and not limiting the number of coun-
_. cillors.

" The small number of representatives in-

^ tended for the assembly,* and making the dura-

. tion of the assembly septennial.

. " The continuing of the laws, statutes and

ordinances now in force, "^r supposed to be in

force in the province generally.

" The investing the governor with the power
" of dividing the province into districts, for th(
purpose of representation, and appointing the
returning officer, from time to time, and fixing
the places of meeting of the legislature.

" The claiming of tythes from the distant
protestant settlers, and not setding the rate.
'* The requiring appeals from the province

* The number originally intended was 30, but this was altered, th'
bill fixini; the number to at least 50 for Lower Canada.

113

i'/

{ free
ail and
)posi-

vould,

dge—

)f the
3ns go

endent

here
coun-

/es in-
e dura •

es and
be in

power
for thi-
ng the
fixing,

distan:

'ate.
rovinct

altered, til

to
1791

to go before the king in council, in their pro-ci.ap
gress to his Majesty in parliament. J^

" The additions we wish to the bill I have''^
stated before."

The reader will perceive, in the next chap
ter, that the bill, before it became law, under-
went accordingly, various alterations.

'* Sir, we know that a free government will
not act like a charm and produce wonders.
We are sensible that it will occasion some
trouble in the first years, till the people get
accustomed to its operations. We do not
expect that^ every thing is to prosper and flou-
rish immediately on its establishment: but we
hope and expect that, in a few years, its bene-
ficial consequences will he felt by the people
and become evident to the observation of
government ; diat the new legislature may be
able to rouse the people from their present
inactive state, and by bounties and encourage-
ments, stimulate them to industry, enterprise
and invention.

** Such are the hopes we entertain of the
advantages which the united province may
derive from a liberal constitution, and it will
be our chief glory to convince the british nation
that the province of Quebec is and ought to be
considered as a valuable appendage to the
empire.

*' But, sir, if the province is to be divided
and the old system of laws continued ; — if it is
expected that either part of the province, sepa-
rated as proposed in the bill shall, in its present

It.

ntr^'''

114

Chap, exhausted and impoverished state, raise the

'^^ supplies for supporting the whole expenses of

1774 government — it will be reducing the province

to to a situation as bad as the children of Isreai

^^^^ in Egypt, when they were required to make

bricks without straw. — The people will see

that the apparent freedom held out by the new

system is delusive, and the new constitution

will complete that ruin which the former per-

nicious system had left unfinished."

These copious extracts from Mr. Lymbur-
ner's* address, will give the reader a tolerable
idea of the state of the province at that time,
•A and of the opinion which the british inhabitants
of the colony, whom that gentleman represented
entertained of it, and better, perhaps, than could
be gleaned from the journals of the day, and
pamphlets which, from time to time, at
the period from which we are starting, or
since, have made their appearance on Canadian
affairs. It is scarcely necessary to observe

• This well-informed and highly respectable man lived long enough
to see several of his predictions verified. The following notice of Ki^
decease is taken fiom a M'^ntreal paper of March 1836: — '* The latr
Adam Lyruburner, Esq., ilitd at his residence in Bernard street, Rus-
sel square, London, on Sunday the 10th day of January last, at tht-
advanced age of 90. His remains were interred at St. George'^
church, Bloomsbury ; and at his particular request laid alongside o!
his friend the late Alexander Auldjo, Esq. , formerly of this city. Mr. L.
came to this country upwards of 60 years ago. In 1776 he succeeded
to the business of his brother, the late John Lymburner, Esq..w)i
sailed from Quebec in the fall of 1775, and the vessel with all on boai
was lost on the passage. Mr. L. was a native of Kilmarnock, Ayi
shire. He was for niany years a member of the executive council ■
this province, and was called to the bar of the house of commons to
give evidence regarding Canada affairs, where he strongly op[>o8ei!

the separation of the two provinces." Quebec Mercui-yt '^^'''

March, 1836.

115

that the government was not to be turned from ^.^^^
its purpose, and that the province of* Quebec, in
was accordingly divided, and the two provinces "^^^
of Upper and Lower Canada erected in its to
stead, which, after remaining distinct provinces ^'^^^•
during fifty years, are now reunited since 1841,
inclusively, by act of parliament.

It is to notice and put on record, for the
perusal of the general reader of our own
day, and for that of the future historian of
America, the principal political and other
interesting matters that have characterised the
existence and career of Lower Canada, as a
british province of foreign origin, and enjoying
a constitution like that of the neighbouring
province, modelled, as far as circumstances
would admit, after that of Great Britain, and
under the same charter, that the present is
intended, and that they may judge how far the
reunion that has taken place of the two pro-
vinces may have been necessary and called for.
As to the results, be they beneficial or the
reverse, time alone can truly develope them.
— The work will be one of some toil, but
as concise as may be consistent with a clear
understanding of the various subjects neces-
sarily introduced, yet we entertain a hope
of getting through it, and to survive the accom-
plishment, however laborious it may be.

1 !.

116

mmmm

CHAPTER IV.

The governor in chief, lord Dorchester, embarks fur Eng-
land, on leave of absence — The lieut.-governor, Aiiired
Clarke, Esquire, assumes the government — Arrival of his
royal highness prince Edward, commanding 7th royal
fusiliers, from Gibraltar — The constitutional act and its
principal provisions — commences C6th December, 1791
— Lower Canada divided, by proclamation, of 7th May,
1792, into counties, cities, and towns — general elections
--representatives chosen— provincial parliament convok-
ed — meets at Quebec,17th December — governor's speech,
rnd proceedings of the assembly — mail communications
at this period between the province and England, &,c.

Chap.
IV

The governor in chief, lord Dorchester,
^^_ embarked at Quebec, tor England, on the 17th
J791. August, on board H. M. ship Alligator, and
sailed on the following day, leaving the govern-
ment in the hands of major-general Alured
Clarke,who, by proclamation, accordingly gave
notice that it had devolved on him, in conse-
quence of the absence of lord Dorchester, by
leave of his Majesty. His lordship received,
on the eve of his departure, several warm and
very flnttering addresses expressive of the res-
pect entertained for him by all classes.

His royal highness prince Edward, command-
ing the 7th, or royal fusiliers, arrived with his
regiment, from Gibraltar, in H. M. ships Ulysses
and Resistance, at Quebec, on the 12th August.
The arrival of his royal highness, (fourth son of

117

the king, and father of her Majesty our present cf.ap
most gracious sovereign) at this period, seemed J^
auspicious, and was hailed by the citizens of 179].
Quebec, who, after receiving him with great
demonstrations of respect waited upon him
with an address, for which, in suitable terms,
he returned them his grateful acknowledgments.
His royal highness became popular and a great
favorite with the inhabitants of this city, as
generally he was wherever he sojourned, resid-
ingamong them on the best of terms, and never
so happy as when contributing, in some shape
or other, to their festivity, their comfort, their
assistance or relief. — He seemed to be acquaint-
ed with every body of respectability, and every
body knew, esteemed, and loved The PrixVce,*
who, young, active, and vigorous, was ever,

* The following anecdote is related of his royal highness : —
• At Charlesbourg, on closing the poll of the county election on
Wednesday last the 27th of June, a riot, at taking down the place of
the hustings, was upon the point of bursting out into open violence.
The instant Prince Edward discovered the exasperated crowd, he
came up and took a position to be seen by all, and gave tli,e commuud
for silence.

'' Can there be (said his royal highness in pure Irench, and with a
rone of affection and authority) a man among you that does not take
the king to be father of his people 1"

His words were answered with huzzas and cheers of God save Iha
king.

" Is there a man among you (added the Prince) that does not look
upon the Neiv Constitution as the best possible one, both for the sub-
ject and the government '?"

The huzzas were repeated.

•' Part then in peace, (concluded his royal highness) 1 urge you to
unanimity and concord. Let me hear no more of the odious distinction
English.».nd French. Your are all his britannic Majesty's Canadian
^iihjects."

The tumult ceased, menace, rage and fury, ^ave place to language
01 admiration and applause.

May the laconic and effectual oratory of Prince Edward, and the
wiadom of his council, be universally attendetl to and everlastingly,
remembered Quebec Gazette, bth July, 1792. -

1! !■ i

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118

Chap, without sparing himself, foremost at the head
^^' of his gallant men, in lending a hand at
Y79K subduing fires that accidentally, day or nighi
. broke out in the city, or on any other emer-
gency in which he could do a good turn to the
citizens. The discipline of his regiment was
strict and severe ; but his royal highness libe-
rally patronised merit, never losing sight of the
individual^ however humble or obscure his
station or birth, whom he found deserving
of his confidence and once took by the hand.
Remarkably temperate in his habits and regular
in business, he patronised these qualities, par-
^ ticularly in those serving under him, and to all
in whom he found such, the path to promotion
and to honor was laid open through his influ-
ence, and their attainment depended but upon
themselves. The patronage of his royal high-
ness was, in itself, a proof of merit, none
obtainintr but such as were ascertained to be
deserving of it, and of which, when he could,
he invariably made himself the judge.

The constitutional act repealed so much of
the Quebec act as related to the appointment
of a council for the aftairs of the province of
Quebec, and the powers given to it to make
ordinances for the government thereof.

His Majesty's message expressive of his
intention to divide the province of Quebec into
two separate provinces, as previously noticed,
to be called Upper Canada and Lower Canada,
being recited, it was enacted that a legislative
council and assembly should be established in

119

iie head
land at
r night,
:• emer-
n to th(;
lent was
s'ss iibe-
bt of the
;ure his
sserving
le hand.
I regular
es, par-
nd to all
•omotioii
lis influ-
put upon
^al high-
it, none
ed to be
e could,

much ol
ointment
)vince oi
to make

of his
3bec into
noticed,
Canada,
^gislativ^
ished in

each province, with power to make laws for the chap,
peace, welfare, and gcod government thereof. ^'^•

The members of the legislative council were j^y^
■ be appointed by the king for life, and in
L'pper Canada to consist of not fewer than
set^^n, and in Lower Canada not fewer than
fifteen persons. No person not being of the
full age of twenty-one years, and a natural born
subject of his Majesty, or naturalised by act of
the british parliament, or a subject of his Ma-
jesty by the conquest and cession of Canada,
could be Sippointed to it. His Maje-^ty was
authorised to annex to hereditary titles of honor,
the right of being summoned to the legislative
council in either province.

The governor had the right of appointing a
speaker to t!:« legislative council. Each pro-
vince was to be divided into districts or coun-
ties, or cities, or towns, or townships, which
were to return representatives to the assem-
blies, the governor fixing the limits of such
districts and the number of representatives to
be returned to each. The whole number of
members of the assembly in Upper Canada
was to be not less than sixteen, and in Lower
Canada not less than fifty, and to be chosen by
a majority of votes. The county members were
to be elected by owners of land in freehold or
in hef orroture, to the value of forty shillings
sterling a year, over and above all rents and
charges payable out of or in respect of the
same. Members for the towns or townships
were eligible by persons having a dwelling-

fc I

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'li

120

<:i,ap.hotise and lot of ground therein of the yearh
'^ value of five pounds sterling or upwards, or who

j^y, having resided in the town for twelve calends
months, next before date of the writ of election
shall bond fide have paid one year's rent for
the dwelling-house in which he shall hav("
resided, at the rate of len pounds sterling per
annum, or upwards.

No person being a legislative councillor oi a
clergyman of the church of England or Rome.
or a teacher of any other religious profession,
was eligible to the house of assembly in eithtr
province, nor was any person undSr lawful age,
to vote at anv election of a member to serve in
the assembly, nor eligible thereto ; nor was any
person eligible as such who was not a natural
born subject, or naturalised as aforesaid, or a
subjectlof his Majesty by the conquest.

Power was given the governor to fix the
times and places of holding the first and every
other session of the legislative council and
assembly in each province, giving due notice
thereof, and to prorogue the same from time lo
time, and dissolve it whenever he deemed sii* :
expedient. They were to be convoked oiv .
at least, in every twelve months, and each
assembly was to continue four years from the
day of the return of the writs for choosing the
members ; subject, however, to be sooner pro-
rogued and dissolved, at the pleasure of the
governor.

The governor was authorised to give or
withhold his Majesty's assent to all bills, passed

121

by the two branches, and to reserve such as he chap.
might think fit, for the signification of his Ma-/^
jesty's pleasure thereupon. Copies of all bills 1791.
he might assent to, were also to be forwarded
to the secretary of state ; and his Majesty might,
at any time within two years after receipt by
the secretary, disallow them if he thought fit.

Bills reserved by the governor for his Ma-
jesty's pleasure, were not to have effect till
sanctioned and notice thereof given by message
to the two houses of the provincial parliament,
or by proclamation ; nor could the royal assent
to bills so reserved be given, unless within two
years next after the day when presented to the
governor for the royal assent.

All laws, statutes and ordinances in force in
either province, except as repealed or altered
by that act, were to remain in force, as they
mijs;ht be at the time of its

.11

commg

mto

operation.

The governor and executive council, which,
by an ordinance of the province of Quebec,
had been constituted a court of appeals, were,
in each province, to continue so ; liable, how-
ever, to such other provisions as might be
deemed necessary by the new legislatures.

It was enacted that an allotment of crown
lands, in each province, should be made for the
support and maintenance of a protestant clergy
within the same, and such allotment was to be
as nearly as circumstances and the nature of
the case would perirJt, equal in value to a

122

{ ,

(hap seventh part of the lands granted, and to he
'^' granted. This provision of the act became.

1791. and, indeed, still is a source of much agitation
and discord in Canada. Far better for it had
it been, if such enactment had never taken
place.

His Majesty was authorised to empower thn
governors in each province, to erect parsonages
and endow them, and to present incumbents
01 ministers of the church of England, subject
and liable to all rights of institution and all
other spiritual and ecclesiastical jurisdiction
and authority, lawfully granted to the bishop of
Nova Scotia. ,

Power was given to the provincial legisla-
tures to vary and repeal the provisions relating
to such allotments for the support of a protes-
tant clergy, parsonages and rectories, and pre-
sentation of incumbents or ministers ; but it
was provided that no bills in this behalf were
to be assented to by his Majesty, until thirty
days after they had been laid before both
houses of the imperial parliament, nor was his
Majesty to 'assent to any such bill in case of an
address from either of the houses during that
period, requesting him to withhold the royal
assent from it. The intent of these privileges
was to preserve the rights and interests of
the established church of England in both
provinces from invasion by their respective
legislatures.

All lands to be thereafter granted in Upper
Canada, were to be in free and common soc-

123

d to be
)ecaTne,
gitation
' it had
r taker-

)wer tho
rsonages
umbent?
, subjet-.
and all
risdiction
bishop ul

d legisla-

is relating
a protes-

, and pre-
•s ; but it

half were
ntil thirty
ore botti

or was his
case of an
luring that
the royal
privileges
iterests oi
in both
respective

in Upper
mmon soc-

cage, and so«also in Lower Canada, when thechap.
grantee required it. '^'

The british parliament reserved to itself the "^^^
right of providing regulations or prohibitions,
imposing, levying, and collecting duties, for the •
regulation of navigation, or for the regulation
of commerce, to be carried on between the
said two provinces, or between either of them,
and any other part of his Majesty's dominions,
or any foreign country, or for appointing and
directing the payment of f^ ^es so imposed ;
leaving, however, the exclusive appropriation
of all monies so levied, in either province, to
the legislature thereof, and applicable to such
public uses therein, as it might think fit to
apply them.

The governor, pursuant to the king's instruc-
tions, was to fix upon and declare the day
when the act should commence, which was not
to be later than the 31st December, 1791 ; nor \
was the calling together of the legislative
council and assembly, in each province, to be
later than the 3 1 st Decemlfer, 1 792.

The above are the principal . provisions in
the act which conferred a constitution upon
the new provinces of Upper and Lower Ca-
nada, respectively, or as much of them at least
as it is necessary to quote. By a proclamation
dated at the Castle of St. Louis, Quebec, 18th
November, 1791, of his excellency the lieute-
nant governor Alured Clarke, Esquire, it was
declared that the act should commence within
the said provinces of Upper and Lower Canada, .

124

1791.

!' fl

Chap, respectively, on the 26th December, 1791. —
'^ The proclamation issued on the occasion stat
ed, that by an order of the king in council, in
August previous, the two provinces were sepa-
rated by a division line " commencing at a stont
boundary on the north bank of the lake St.
Francis, at the cove west of the Point an
Baiidet, in the limit between the township ol
Lancaster and seigniory of new Longueuil,
runnins: alonaf the said limit in the directioti
of north thirty-four degrees west to the wes-
Ternmost angle of the said seigneurie of new
Longueuil, ihence along the north-west boun-
dary of the seigneurie of Vaudreuil, running
north 25 degrees east, until it strikes the
Ottawa river, to ascend the said river into
lake Tomiscanning, and from the head of iLi
said lake, by a line drawn due north until
it strikes the boundary line of Hudson's Bay,
includins: ail the territory to the wTstwanl
and southward of the said line, to the utmost
extent of the country commonly called ;
known by the name of Canada."

The day was celebrated at Quebec by a
public dinner, numerously attended by citizens
of all classes and denominations, enlivened by
the Prince's band of music, and by a splendid
illumination of the city in the evening, — all
were agreed (remarks the Gazette) that dii^-
tinctions between old and 7iew subjects shouki
henceforward cease, and that they should be
united in one body — as the only means of pro-
moting the happiness and prosperity of the

125

1791.-
on siai
incil, ill
re sepa-
: a storn
o.ke St.
Point av
rnship of
)ngueuil,
direction
he vves-
i of new
3St bouii-
, running
«ikes the
•iver into
ad of the
:>rth until
on's Bav,
westward
le utmost
called or

-bee by ^
)y citizer^s
jvened l)y
a splendid
ining,— aH
that A\^'
cts shouk'i
should be
ans of pro-
itv of the

1791

whole. A " constitutional club" was formed by chap
the gentlemen (upwards one hundred and sixty) ^^'
who had dined together on the occasion.*

By a subsequent proclamation dated at the
Castle of St. Lewis, Quebec, 7th May, 1792,
Lower Canada was divided into counties, cities
and towns, and the limits cf each defined. The
counties were — Gasp6, Cornwallis, Devon,
Hertford, Dorchester, Buckinghamshire, HJ^he-
lieu, Bedford, Surry, Kent, Huntingdon, York,
Montreal, Effingham, Leinsier, Warwick, St.
Maurice, Hampshire, Quebec, Northumber-
land, Orleans, twenty-one in all, besides the
cities or towns of Quebec and Montreal, the
borough of Three Rivers and borough of
William Henry. These counties were each to
return two representatives to the Assembly,

• This evening the comnnittee which had boen apj)ointed to support
the petition of Novembev 1784, to the King and pailianieiit of Great
Britain, met a number of merchants and citizens at the Merchants'
Cort'ee-Hoiise, and having laid their accounts before the meeting, they
informed them, that the object for which they were elected being
now accomplished, they considered it their duty to resign the office,
and to intimate the resignation more generally by an advertisement
in the public paper.

The committee having declared themselves dissolved, it was then
moved and unanimously resolved,

'< That the thanks of the citizens now assembled, be given to
•• Adam Lymburner, Esquire, for his activity, zeal, and unwearying
" application, during his agency and mission from this province, to
" Great Britain, in maintaining and supporting the petition of 1784,
" for a representation of the people, as a constituent part of the
" government of Canada, to the King and parliament of Great Britain. ■"

The gentlemen who composed the late committee having retired,
it was moved, and unanimously resolved, by the citizens then
present —

" That the thanks of the citizens now assembled, l)e given to thp
"late committee, for their activity, zeal, ^nd unremitted attention,
" in the faithful discharge of the important trust reposed in them by
their constituents." — Published by order.

Quebec, 24th Dec, 1791. W. Roxburgh, Sec.

L 2

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126

Chap, with the exception of Gasp6, Bedford and

'^ Odeans, each of which were to return but one

1792. Quebec and Montreal were respectively to

return four, Three Rivers two, and William

Henry one, in all fifty representatives.

A proclamation issiied on the 14th of May,
giving notice that writs of election had that
day been ordered, and were to issue, bearint^
teste the 21th of the same month, returnable on
the tenth day of July following. The election:^
accordingly took place in June, and were in
general warmly contested, and on the whole,
the people judiciously exercised their fran-
'V chise, by a good selection of members at this
the outset of the constitution, the best, as some
will have it, made during the existence of
Lower Canada as a province.f There were
several merchants in the body, of the first stand
ing in Quebec and Montreal.

The provincial parliament was convoked by
proclamation of the 30th Oct. for the despatcl.
of business, and pursuant thereto met for the
first time at Quebec, on the 17th December,
i 792. The honorable William Smith, the chief

f The loUowini^ is the relum as fnund in the Journal ofthe Asstn-
bly: — Gaspe, Edward O'Hara ; Cornwallis, P. L. Pa)iet and Jr,'?
Di^je ; Devon, Fras. Dambourges and Jas. Tod ; Hertlord, P, iMar
coux and Louis Duniore ; Dorchester, Gabriel Elz. Ta&rhereau and
Louis De Salaberry; Buckinghamshire, A. Juc. Dnchesnay and J.M.
Toiinancour, l'ain6. Richelieu — Borough of William Henry, John
Barnes ; County, Pierre Guerout and Benj. Cherrier. Bedford, J. B.
M- H de Rouville ; Surry, Philip Rocheblave and Fran. Malhiot ;
Kent, Rene Boileau and Pierre Le Gras Pierreville ; Huntingdon, Hyp
S!, Geo. Dupre and G. G. Lorimier ; York, M. E. G. Ch. De Lotl.i-
niere and P. A. De Bonne. JMontreal — West V/ard, James McGili
and J. B. Durocher; East Ward, Joseph Frobishcr and John Richanl-
«on; County, Joseph Papujeau and James Walker, Elfinghani

127

d and

lU OIU'

ely lo
Villiarn

f May,

1(1 that
bearing
able on
lection:^
were in
; whoU',
{\v fran-
s at this
as some
ence ot
re we li-
st stand

oked b\

despatch

for thi:

icember,

Ithe chiel

[)1' the Asstri:-
let and Jei^n
ford, P. Mai-
Irhereaii and
^ andJ.M.
leivry, -h'hh
iedford, J- V)
|an. Malhiot ;
lingdon, Hyp
ph. Pe Lotl.i-
fames McGii'
|ohn liichai^l-
Elfinghani

justice of the province, was appointed speaker chap
of ihe legislative council, by the lieutenant *^
governor. The names of those constituting ^rjj^
the legislative council were as below.*

J. A. Panet, Esquire, an old and eminent advo-
cate of the (iuebec bar, returned a member for
the upper town of Quebec, was chosen by the
assembly for its speaker.! liis excellency the
lieutenant governor, after confirming the choice

Jacob Jordan andJos. La Croix; Leinster, Fran. Antoine La Roque
and Bonav. Panel ; VVarvviok, P. P. M. La Valfrie and Louis Olivier.
Sf. Miiurice— Boroiiji^h of 'Phreo Rivers, John Lees and Nicholas St.
Martin ; County, Thomas Coffin and Augustin Kivard. Hampshire,
Matthew N'iVider and Jean l^oudreau. Quebec — Upper Town, J.
Antoine Panet and William (i runt ; Lower Town, Kubt. Lester and
John Vomiii; ; County, Loui.s l)e Salabeny and David Lyud. ^"t»r-
thundnrland, Piene iiedard and Joseph Duibur ; Orleans, Nicholas
Giuspard Boisseau.

• The legislative coufitil, at the openinji; of the parliun»ent, con-
sisted of — the honorable VVilliam Smith, speaker ; J. G. ChauK.SfgroK
de Lery, Hut;h I'iiday, Pieolto de Uelestre, Thomas Dunn, Paul Roc
de St. Ours, Edward Harn.son, Francois Baby, John (Jollins, Joseph
(!e Lon!,M)euil, Charles Delanaudiere.Geor^'e Pownal, R. A. De Bou-
(•her\ iile, John Fraser, — The receiver general, H(-nry Caldwell, was
i<oon after added, making the numher fifteen as by law required.

f This excellent man and'u:ocKl citizen, served, as we shall see
n-> proceediu'jf, many years as speaker of the assembly, and witluMit
other remuneration or reward than the approbation of his lellovv citi-
zens and subjects. ' His brother, Mr. P. L. Panet, is said thus to have
expressed himself during the debates relating to the choice of speaker,
and which deserves to be re'corded : — '< I will explain my mind on
1 he necessity that the speaker we are about to choose should possess
and speak equally well the two languages. In -w hich ought he to
address ihe governors'! — is it in the englishor frenoh languages ■? — To
solve the question, -I ask whether this colony is or is not an english
colony ? — what is the language of the; sovereign and of the legislature
from whom we hold the constitution which assembles us to-day '?—
what is the general language of the empire 'I — what is that of one part
of our fellow citizens '{—what will that of the other and that of the
whole province he at a certaui epoch '{ I am a Canadian, the son of
a irenchman — my natural tongue is french ; for, thanks to the ever
8ubsistnig division between the Canadian and english since the cession
of the country. I have only been able to procure a little knowledge v{
that of the latter — my testimony will not, therefore, be questioned. It
!'> then my opinion, that tiieie is an absolute necessity that the cana-

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f H

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il;!

1792.

. 128

Chap, oi' the house, opened the session with a vspeech
^v. of which the following are the prominent parts :

" Gentlemen of the Legislative Council, and Gentlemen
of the House of Assembly, — Our most Gracious Sovereign,
always watchful over the happiness of his people, having
taken into consideration the condition of his loyal subjects
of this province and recommended them to his parliament
for such change in their colonial government as circums-
tances might require and admit, the act was passed that
has made it my duty, as it is my pride, to meet you in
general assembly, which I have endeavoured to do at ;i
season least inconvenient to your private interests.

On a day like this, signalized by the commencement in
this country of that form of government which has raised
the kingdom, to which it is subordinate, to the highest
elevation, it is impossible not to feel emotions difficult to be
expressed.

"^ To give an opportunity for your loyal and grateful
acknowledgments to his Majesty is one ^4' my motives for
calling you together, and that debt discharged, your council-^
will, doubtless, be next employed for enacting the laws
necessary to confirm and augment the prosperity of your
country.

" Gentlemen of the House of Assembly — 'Acquainted aa
you are with the condition and desires of the people you
represent, it is from your house the public will chiefly
expect such ordinary |)rovision as the common weal may
require, and I trust, that if any measures conducive to it
shall necessarily be postponed lor mature consideration to a
subsequent session, no regulation oi^ indispensable ulilitv
will escape your present attention.

" Gentlemen of the Legislative Council, and gentlemen
of the House of Assembly. — Great Britain being happily ai

f^ians, in course of time, adopt the en^lishlanguas^e,as the only mora ,«
of dissipatiiii; the repui^nance and suspicions, which the difi'ereiiceol
language would keep up between two j^eople united by circumstance.*
■ and necessitated to live together ; — but in the expectation of the J" -
eomplishment of this happy revolution, f think it is but decent th,r
the speaker on whom we may fix our choice, be one who can expn »
himself in english when he addresses himself to the representative i.f
our sovereign." — Quebec Gazette, 2Qlh December, 1792."

peech
parts :

jntlemen
)vereign,
, having
subjects
jrl lament
circums-
ssed that
;et you in
,0 do at -A

Lcement in
has raised
he highest
ficuU to be

k\ grate hi I
motives Cor
3ur councils
r the laws
rity of your

quainted as
people you
,r\\\ chiefly
II weal may
ducive to it
leration to ct
isable utility

1 gentlemen
happily al

the only meun.*
he ditferenre ot

Ltion of the 5"-
lut decent th.i;
ho can expn '^
■presentative ..

129 .

peace with ail the world, and, I hope, without apprehension chap.
of its interruption, the present moment must be most fit [V.
r'lind urgent lor all those arrangements best made at a season V-..-V— ^
of tranquillity and falling within the sphere of our trust. 1792.
The conviction 1 feel of your disposition to cultivate that
harmony amongst yourselves and each branch of the legis-
lature, which is always essential to the public good and
private satisfaction, makes it unnecessary for me to enlarge
upon this subject.

"' Such objects as it may become my duty to recommend
to your consideration shall be occasionally communicated
to you by message."

The address of the assembly in answer to
his excellency's speech was cordial : —

" May it please your excellency, — Truly sensible of the
paternal solicitude of our most gracious sovereign, in watch-
ing over the hapj)ine?s of his people, and of the justice and
benevolence of the parliament of Great Britain, in granting
to his Majesty's loyal subjects of this province, a new and
liberal constitution for their colonial government, we shall
ever retain the most grateful and lively sense of the duties
we owe to the parent state.

*' We cannot express the emotions which arose in our __
breasts, on that ever memorable day, when we i^ntered on
the enjoyment of a constitution assimilated to that form of
aovernnieni, which has carried the glory of our ^lother coun-
try to the highest elevation.

" We beg leave to assure your excellency, that our feel-
ings and those of our constituents, fully sensible of the mag-
riitude of the blessings conferred by the change which
l)rought us to so memorable a convention, are of the most ,
lively nature ; and next to our gratitude to the almigiity
arbiter of the universe, we cannot sulTiciently extol the
magnanimity and grace of the king, the common father of
his people, and of that parliament which has ^o generously
co-operated for the establishment, that is most deservedly
the subject of our general joy.

*' It is an unparalleled happiness for us, to have an op-
portunity of presenting to his Majesty our loyal thanks, and
0^ expressing to him our gratitude j such homage is the

:|.,. n

It?-

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i'"^

j:| ■

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130 f

Chap '^nguage of our hearts, and it is due from us, for all the favorsi,

IV. with which we have been loaded That duty fulfilled, we

v-*-v-w/ will turn our attention with most ardent zeal, to forniing

1792. such laws, as may tend to the prosperity and advantage ot

our country.

" We hear with pleasure that Great Britain is at peate
with all the world, and we consider this as the most favora-
ble lime for the consideration of the objects that fall within
the sphere of our charge : — to cultivate harmony among
ourselves and each branch of the legislature, is our most
ardent wisli, convinced as we are, that it is a condition
essentially necessary to the public good, and our own private
satislaction.

" We will, at all times, give the most speedy and delibe-
rate consideration to such messages as we may receive fuom
your excellency/'

The lieutenant governor, immediately after
delivering his speech, sent a message acquaint-
ing the assembly that he had it in command, to
recommend to their immediate attention the
establishment of the number proper to consti-
tute a quorum of the house, and likewise the
forming of such rules and standing orders for
regulating the form of proceedings as might be
most conducive to the regular despatch of
business. He at the same time submitted tu
their wisdom whether it would be best to estab-
lish the quorum by an act of the legislature, or
by a standing rule of the house. This rnatK r
created much warm discussion. The quorum
was fixed by a standing rule, at thirty-foiu
members, including the speaker ; but this was
afterwards, in the same session, reduced to
twenty-six, (a majority of the w^hole house) and
at the following session to eighteen, but sub-
sequently again increased. , ,;, _

131

i7^»2

Shortly after the opening of the session, ihechap
lieutenant governor transmitted the message '^'
follovvino; to the assembly, relating to the enact-
raent of laws : —

" Mr. Speaker of the house of assembly, — I am instruct-
ed by his Majesty respecting the enactment of laws in this
province, upon suntlry points, which I think fit to commu-
nicate to the legislature for their information, certain articlen
whereof are in the words following: —

" That the style of enacting all the said laws, statutes and
ordinances shall be by us, our heirs or successors, by and
with the advice and consent of the legislative council nn<l
assembly of our province of Lower Canada, constitiiteii
and assembled by virtue o^, and under the authoriiy of an
act passed in the Parliament of Great Britain, intituled ''an
act to repeal certain parts of an act, passed in the fourteentli
year of his Majesty's Reign, intituled an act for making more
eiTectual provision for the government of the province of
Quebec in No 'h America ; and to make fnrtlier provision
for the government of the said province ;'* — -And that no
bill in any other form shall be assented to by you in our
name."—" That each different matter be provided for by a
different law, w^ithout including in one and the same act
such things as have no proper relation to each other.

" That no clause be inserted in any act or ordinance
which shall be foreign to what the title of it imports, and
that no perpetual clause be part of any temporary law.

" That no law or ordinance whatever be suspended,
altered, continued, revised, or repealed by general u^ords,
but that the title and date of such law^ or ordinance be
particularly mentioned in the enacting part.

" That in case any law or ordinance respecting private
property shall be passed without a saving of the right of us,
our heirs and successors, and of all persons or bodies politic
or corporate, except such as are mentioned in the said law
or ordinance, you shall declare, that you withhold our assent
from the same ; and if any such law or ordinance shall be
passed without such saving, you shall in every such case,
declare that you reserve the same for the signification of our
royal pleasure thereon.

I I

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132

'Mil

ipll

Chap ** ^^^ whereas laws have Ibrmerly been enacted in sev{
IV. ral of our plantations in America, for so short a time, thai
•--"v-w our royal asj^ent or refusal thereof could not be had before
.1792. the time for which such laws were enacted, did expire, you
shall not assent in our name to any law that shall be enact-
ed for a less time than two years, except in cases of immi-
nent necessity, or immediate temporary expediency ; ami
you shall not declare our assent to any law containing pro
visions which shall have been disallowed from us, without
express leave for that purpose first obtained liy us.
upon a full representation by you to be made to us, bv oik
of our principal secretaries of state, of the reasons and
necessity for passing such law."

In answer to this a deputation of four mem-
bers was appointed to wait on his excellency
the lieutenant governor with the humble thanks
of the house, and at the same time to assure
him that the house would. duly attend to his
Majesty's instructions communicated by mes-
sage, as the basis whereon safe and sound
legislation may be raised, private and public
rights secured and protected, and the interest.'^
of Great Britain and this colony lastingly com-
bined.

It may here be observed, that the business
of the house was carried on, and the motions
pat by the speaker in english and french, (the
latter being his native tongue,) and that the
' journals w^ere kept in both languages. It wai-
made a standing rule of the house '•' that no
motion shall be debated or put unless the same
be in wrhing and seconded ; when a motion is
seconded it shall be read in english and french
by the speaker before debate.'* It was a few
days after the adoption of this rule resolved tt*

Mil

133

amend it, by adding after the word " speaker," chap.
the words '* it' he is master of the two languages, '^
if not, the speaker shall read in either of the 7792.
two languages most familiar to him, and the '
reading in the other language shall^be by the
clerk or his deputy at the table."

His excellency also sent down early in the
session a message relating to a new judicature
system, recommended by the home govern-
ment. A bill w^as accordingly, in compliance
with it, introduced in the legislative council
and passed, but did not meet with the concur-
rence of the low^er house, which put oif the
consideration of it until the ^next session;
apologizing, however, for the delay, by a res-
pectful address on the subject, to the lieutenant .
governor. '

An immensity of discussi(m arose as to the
language (english or french) in which bills
should be introduced, and which was to be
deemed the language of the law. It was moved
'' to resolve that the house shall keep its jour-
nal in two registers, in one of which the pro-
ceedings of the house and the motions shall be
wrote in the french language, with a translation
of the motions originally made in the english
[language ; and in the other shall be entered
the proceedings of the house and the motions
m the english language, with a translation of
ithe motions originally made in the fiench
^language."

To this, Mr. Richardson, m3ved to add, in
amendment, the following — ** but although the

134

1. ;

dav<

cdiip. journal shall be thus kept in engiish and in
^^ freiich, and all !)ills ihal may be brought in or

,7i,7'law.s that may be enacted, shall be translau;(l
fVoin the one into the other language, at sucii
stage of their progress as may be determined
upon, yet in order to preserve that unity oi
l(\gal language indispensably necessary in ijic
empire, and touching any alteration in which, a
subordinate legislatures is not competent, (Ik
en2;lish shall be considered the le«:al text."--
The proposed amendment was negatived (venv
13, nays 26,) and the original motion unaiu-
mously passed. ^

h\ addition to this, it was a few
afterwards " resolved that such bills as
prestnited, shall be put into both language>
that those in engiish be put into French, and
those presented in french be put into engiish.
by the clerk of the house or his assistafHs,
according to the directions they may receive.
before they be read the hrst time ; and when h-
put shall also be read each time in both laii-
guages. It is well understood that each mem-
ber has a right to bring in any bill in his own
language ; but that after the same shall Ik
translated the text shall be considered to ()i
that of the language of the law to which said
bill hath reference." Thus this matter, wliic}.
at one monient threatened to disturb the equa
nimity of the house and kindle national animo-
sities among the members, was compromised,
and settle^^ down in the resolutions cited,
which being made a rult of the house, was

135

;h and in | ^^.^^ afterwards cheerfully observed and work-n.ar.

ight in • I
translaUHl
', at sutii
etermined
t unity ol
ary in the
in which, a
etent, {\\v
al text.''"
tived (ye*.!^
tion unani-

few day^
bills as arc
languages :
Vench, and
nlo englislu
assistants,
ay receive,
nd when mi
11 both lair
[ each m( lu-
in his own
lie shall lu
ered to br
which said
,tter, wliich
the equ'ci-
lonal animo-
mpromised.
ions cited,
Ihouse, wa>

ed to the satisfaction of all.

An address relating to the new constitution,
was voted by the assembly to his Majesty : —

*' We your Majesty's most (Jutiful and loynl subjects iho
represeritfAtives of Lower Caii.'ida, met in assembly f(jr tbr.
first time under our new constitution, bumbly ap|>roach tbe
throne to express to your most gracious Majesty, our sonli-
menls of gratitude and joy on the ba))py change whicii has
taken |)lace in the forms of our government,

" The constitution which it hath pleased your Majesty in
])arliament to give ub, modelled upon that of Great IJriiain,
;i constitution vvhich has carried the empire to tht; highest
pilch of glory and prosperity, assures to this colony the most
solid advantages, and u ill for ever attach it to the parent

slate.

»* Now partaking without distinction the benefits of;i

I government, vvhich i)rotecls all equally, we ofler our th riks

to divine providence for the happiness prepared for us ; (nir

prayers are for the general pros[)erity of the nation of which

'we make apart, and for the preservation and felicity of our

august and virtuous sovereign.

*• May it please your Majesty to receive favoural)ly our
Jrespectt^il homage, and permit us anew to express our loy-
f ally and attachment,

"'• May it also j)lease your Majesty and parlianjent to
.receive our most humble thanks for the favor conlerred upon
|tliis colony.

Such are the heartfelt wisiies of the rcjireseiilatives of
|the people of Lower Canada."

This truly loyal address was forwarded to
lis Majesty by the lieutenant governor.
His excellency transmitted to the assembly
message, on the 26th February, of which tlie
following is an extract : —

" I am directed also to recommend to the legit?lative

kiuncil and house of assembly, to make due provision for

reeling and maintaining of schools where youth may be

I7S)2.

i i

'Wi

130

; -:,

1793

tiJucalcd in competent learning and in knowledge of \hi.\
principlef^ of the christian religion, which I »lo in lull confi-
dence, that they will receive liie consideration due to such
important objects.''

, A petition on the subject of education was
shortly after this presented to the assembly Ly
divers inhabitants of Quebec, in which it was
stated —

*' That since tlio abolition of the jesuity, those of CanaJa
had generously ofTered, and still persisted in oflering to thi^i
})rovince the remitment and ))ossession of all ihe property
and funds of the college (estates) for the use of the pul)iir.
to whom they belong, and only desire a subsistence, but
that such restitution has been retarded and impeded by many
difticulties,

" That the petitioners are convinced that his most grn-
cious Majesty, by his royal instructions, was ever desirous
of being well informed of tho^c titles (of the Jesuits) and to
resi?rve of all those funds, whatever might be requisite i\n-
the public education, without prejudice either to the causer*
or oiTecls, such as the establishment bad in \ iew.

•^ Wherefore the petitioners hope that this honorable
house will consider that the estates of the Jesuits have boon
improved only by the labour, courage aiul industry of the
inhabitants ot this country, in hopes of educating their pos-
terity, and that those estates, though suflici.nt, do not ex-
^ceed the necessary expenses to atford a public education
])ropeiiy organised on a liberal plan, for which purposes
they were granted, and therefore that they justly claim the
same with the respect due to this honorable house."

Much discu-^sion arose on this matter, which
terminated in an address to his Majestv,
wherein it was represented —

" That the deplorable state of ed\icalion in this province
has long been a matter of the deepest regret ; and as the
object of our present humble address and petitmn to your
Majesty is to remedy so great an evil, it cannot fail interest-
ing the feelings of the beneficent and etdightened soverei^^n

edpe of the
n lull confi-
(iue U) su( ii

It ion was
>emblv t^v
cli it was

se of Canada
fl'ering to tliis
! the proporty
of the pub'nr.
(sistence, Imt
Hied by many

his most grn-
i ever desirous
Jesuits) and lo
3 requisite i'oi
to the caiiM'r^

ew.

is honorable
Hts have boon

(lustry of ibe
tiii^; llieir pos-
nt, do not ex-
ilic education

lieh purpoi'ei'

stly claim the

ousc/'

tter, whicii
IS Majesiv,

this provinc
;t ; and a^ the
'tit ion to your
k fail intere^t-

ned sov^rei^n

137

. *

of a Iil>eral and magnanimous nation, — permit us to say that(^;^,jjp
a matter of more serious and important concern to this part IV.
of vonr Majesty^s dominions cannot occupy our attention. s->-v-^

<* In coiitemplaiiii^' th'S subject, v^-e have been naturally 179:1
led to look forward to the rcverr-ion of the property now and
heretofore possessed by the Jesuits in this province, as greatly
contributing to so desirable an end.

" We therefore most humbly beseech your Majesty to he
ciacioiJj^lv pleased, upon their extinction or demise, to order
such measi-res as to your Majesty, in your royal wisdom and
justice shall seem meet, to secure and apjily the same to the
education of the youth in this province, by the reestabiish-
merit of a college therein J a purpose apparently congenial
to the 01 i;i;innl intention of the donor;-, most benevolent in
itself, Qud jnost essentially necessary tor the promotiori of
science and useful knowledge.'**

• 'Fhe rt'venues from these estates were, accordingly, after many
years discussion and several applications, year after year, on the suh-
ject, by tiie assembly to the (government, finally oiven up by bin late
Majesty kin*; VVillia/n the Fourth; and, as previously mentioned, by
an act of the parliament of Lower Canada, (2 Wilt. IV., ch 41.) ap-
propriated to education exclusively ; but ars effort has recently been
made in the parliament of the united province, and will probably be
renewed, to apprr»priaiu them exclusively to the education of catholics.
.\n unsuccesMul application, it seems also has more recently been made,
to the governor general, lord Elgin, by the rornan catholic clergy, for
.a portiot) of the funds arising from those estates, for missionary pur-
po.ses of their church, (probably with a view to the instruction of the
Indian iribe.s in the north, whither missionaries have recently gone,)
for the prouiotion of which, no doubt, some oi the estates belonging
to the late order of Jesuits in Canada were, in part, conferred
upon them ly the original donors. His excellency felt hirnst^lf
bound. h'/Wever, to refuse the application, on the ground that the
revenues in question were already appropriated by the legislature,
" to educational })tnposeS," adding, also, that in his opinion, it was
neither " expedient or desirable" to endeavour to divert those funds
from their existing destination. The following is the letter, as it has
gone the round of the public prints, written by order of his excellency
in answer to the .ipplication : — ^

" We learn from the Canadien, that Mr. C, F. Cazeau, Secretary
to the bishop of Quebec, has lately received tJie following reply to the
petition of the Canadian roman catholic clergy, presented in the month
of June la^t :--(Qwb('C Gazette, VSth Sept., 1847.)

" Secretary's Office, Montreal, 2:M July, 1847.

" Sir, — In your two-fold capacity of subscriber to the petition of
the catholic clergy of the diocese of Quebec and Montreal, requeetinf;

M 2

rnri

,,,1

I ■ i >i tt

138

{•'U]\ On the 25th of April, bis excellency scjit n
'^ message to the assembly, informing them thai
1793. lie had received a letter from the secretary of
> state, of the 9th February last, " stating thai
the persons exercising the supreme autho-
rity in France, had declared war acjainst his
Majesty." A proclamation also issued notify
ing the circumstance.

[u answer to the message, the assembly sent
\i\) an address thanking his excellency for it,
" and assuring him that it was with horror the^
had heard that the most atrocious act which
ever disgraced society had been perpetrated
in France, (alluding to the recent decapitation
of the unfortunate Louis XVlth,) and that it
was with concern and indignation they now
learned that the persons exercising the supreme
authority there, had declared war against his
Majesty.

" His Majesty's faithful subjects," — said diev

rhr« appropriiition of tho (.'states of the fomiorly exislina; order m
Jesuits, to tho acconijilishmt-nt of the objects to whitli tht-y WfX''
oriajinally tlovoled. atid as secivtaiy To th<' archbishop of (^ucbir.
which gives yoii the rneaiis .uid opjiortimity of easy coLnrsiunication
with the reverend subscribers to the said petition, I have the honor
by cominand of the :;()veruor ireneral, to forward to you his excel-
lency's atj.><\ver to th<> said ]H;titif)ii.

'< His excellency enjoins me to point out to yoii that the legisljilurf*
has formerly appropriated the revenues of the Jesuits' estates to edu-
riiiional purposes, and that these revenues, consequently, cannot b*^
diverted therefrom into the liandsof the clerj^y of the church of Kojii''.
without the previous saPi iion both of the crown and the legislature ;
and his excellency is of opinion that this is an object which it i?.
neither expedient or desirable to endeavour to attain.

" Under these circumstances, his excellency finds it impossible ri>
adopt any measures towards fulfilling the desire of th(» petitioners.
*• I have the honor to be. &c , &c.,

" D. Daly, Secretary."

139

^ sent ji
em thnt
etary oi
jng thai
aulho-
linst bis
il iiotiiV-

llblv S(!!l!

;y for u,
iTor the}
ct which
rpetrated
:apitation
id that it
hey now

' SUprQlTKi

irainst his
jaidthev

r;ting order of

Irli they Wfr-'

]p of (^u«^b<i-.

inniunication

'(^ thf honor

,'on his excel-

•

[n; legisljitiirf*

klates to edvi-

y, cannot h-"

Ireh ot jioiiu".

Icgisliiturc ;

which it iji

limpossibl*^ ti>
titioner^.

•crtnary."

** earnestly pray that his arms may be crown- rh«p

ed with such signal success over his enemies, ^^
as shall speedily bring about a peace, honora-Trw.
bl(^ sale, and advantageous to his Majesty and
the empire."

They assured his excellency in conclusion,
ihal the house would immediately proceed to a
revision of the militia laws, and if alterations
;md amendments were necessary, they would
make such as should be deemed the most lit
and proper to secure and protect the province
from every injury and insult of his Majesty's
enemies.

The subject was taken up and discussed,
but as no alterations were made in the militia
ordinance then in force, and which gave the
governor very great powers, it is to be inferred
thay they w^ere deemed, by the assembly, ade-
quate to any emergency as, in fact, they were.

A variety of standing rules relating to the
proceedings in the house, and to its intercourse
with the other house, framed upon those in use
in the imperial parliament, -vas adopted. A.
fund was provided, by a small imposition on
wines imported into the province, for paying
the salaries allowed the officers of the legisla-
tive council and assembly and defraying the
contingent expenses thereof.* This induced

• The lollowin^ are the salaries allowed the officers of the house of
assemhly :— Clerk, £250— Clerk Assistant, £150— Under Clerks.
£1<)(J — Sergeant at A rnns. £75 — Total, £575. And to the officers of
the legislative council, as follows: — Clerk, .i'250 — Clerk Assistant,
X10()— Under Clerk, £.50— Black Rod, £75— Mace, £40— Continji^en-
ties, £50— Total, £565. Total r)f both, £1140. The whole supply
granted to pay the oiflcers of the lefcislative council and houKe oi

' I

; \

c^V li

I ;

It:

'!' !M

140

fhnp. 'Ih^ house lo record iipou its journals, ihu fol-
'^ lowin;^ resolution ;—

I7!»3 *' fU'Holvod rmd ilrolnnvl,— Tlutt ir\ onlor to rotnove «>!l
anxiiMy iiml ^lisquictndi', nnd to |>roservo u pcfccl union
and irood cnrreypondiMu'o with tlio provitMO o( l/ppci
('armd.i, thiu house will at all liuRvs bf ivady to fake ini..
c<»nsi(lrration tho allowaru'C or drawback to bn allowed in
ttin province of Uppi'r (^anaila upon all winen corisunuti
therein arul subject lo a duly on iniporlalion into tlii>
proviiico undei the bill intituled ** an act lo estnldi^h a fun i
** for payin;^ the salaries of the oHicers of ilie le^fishitiw
'* CoiMicd and nssernbly, and for (lelVayini.' ihe comini{<Mi(
** expences thereof,"- -whenever arranireinents tending i<.
ascertain tin; (piantity of vvifi(» exportc^l to ili(» (iro\ mrc '>i'
Upper Canatia from or throuj^h this province, shall be fl.xii'
antl settled In such manner as may bo deemed expedient i).
the joirjl concurrence of the government of each proviiico.
and that an humble address be j)resetited to his excelkMuv
the lieutenant governor, re«piestin{^ he would l)e pleaM'ii
to take the earliest opportunity of communiiatinj]^ this reyoKi
lo his excellency lieult^nanl governcir Simroe^ or person
administering the government ol' the province of Tpj^r
Canada for the time being."

The session liavinf^ now been s[)tin out to
the beginning of May, ihe members, tired of it,
ami most ot* tliem gontr homr, his excellene\,
on tho ninth of that month, went down to (h(
legislative eouncil chamber, whither the assem-
bly being summoned, he, after giving the roval
assent to eiglit bills, prorogued the parliament
with the following speech : —

** Gentlemen, — At. the firs'/meetirifr of the Legislature, 1
congratulated you u)>on the flattering prospects w hit h opened

assembly the saiiiiioi) and allowancfs votpd thetn for (he nirrf-nt v'tni"
and other contingencies inourrrd sincf thr nifetinji; of tin- IfijisliiiurH
was £1500. The amount now (1847) annually roouijvd is n;oi«' thuu
doublf as many thousands as there were hundik'd.s Uieii !

141

lh(.' fol

I remove nil
B'-fccl union
♦ if Upper
to tnke into
n n I lowed to
i cortsuiiuNi
)n into tlii^
\>\\f\\ a t'iniil

e coiitinii(Mii
s loMdinii lo
? proMiirt; o(
linll t)C liM'i!

L'XjH'«licnt l)Y

rli province.

s excollcMu'v
I lie plrnM'il
p; ill is rej-olvr

of Tpjicr

in out to

ired of it,

cellencv,

\vn to tho

10 asseni-

ihe roval

)arliameiu

legislature, i
iiii li openfii

t> (Mirrciit yt !ir

the If'j^isl.iiurt'

to your viovv, autl u|)nf» ilio flouriHluii;^ an<l trnncjuil »tnlt' ^^ chtip.
the hrilisii empire, then at penco vvilli all tluMvorld ; »inco IV.
lliut period I am sorry to find its traiupiillity lias been dm- ^^^-^
turl)cd by (lie mijn^tifiable and unpreeedcnted coixluct of nwit

ranco. who.

the persons exerciHJnjr llie Hupreme power in V
aUrr delu^in^?^ their dwh country with ihe hlood of their
l'olh)W'-citi'/eiir», and iinhruin^ llieir h;ind> in that <»f ll>eir
sovereijMi, have forced hiw majij^ty and the fUiroundini;
n;ition5« of Kurope into a ('.ontewt, which invedven lh(» firwl
intcre^ls of socKMy, in tliis Hiluation of pulilic all'airH I
relleri wiih peculitir pleasure upon the h)yahy anil lailhfid
altachinent of liis majesly\ «ul)jeetH of this province to hin
royal person, and to tiiat form of government we have tho
hapj>inerts to enjoy.

•• Mr. Speaker, and (Jenllemen of the House of Ansemhly,
— The provision you have made for the p;iyment of the
salnries of the olVicers, toj^olher with tho contingent ex-
pt'nse.s of holh liouses of the h'ifiishiture, claims my hest
ttiardvs, and I'urnislies u well foundi'd liopc. lliat though tlio
ptH,ul;'«r circumstances alt^.-ndiii^' this your first sossion has,
tor the present, excluded the great object of supply mg
more !j;enerally the medium of Ruf)j)ort to the exigencies of
a Hulhcient and well regulate<l ;roveriiment, your next
lB- meeting may alford lei.'^ure l(»r the mature consi(h'ration of
this iin))ort;int subject, and be j)roductive of such grants a**
\\ ill enable the executive power to create and maintain
' i!ch colonial establishments as may be absolutely requisite
to th'^ generid welfare of the province.

'^ (ieiilleiucn, — The law8 that you have prefwired, and
to which I have given his majesty's assent, will alTord relief
to .<5oine of the objects that demanded immediate attention,
und I persuade myself4liat those of a more important nature
will receive yoiu* privnle reflection during the recess, and
be the result of your mature deliberation at the next session,
particularly that respecting the courts <f judicature which
has been strorgly recommended to your attention, and such
further reiiiilations as may appear necessary for the better
organizing and more cflectually calling forth the militia for
^^K 'hedefen<eof this extensive and valuable country, when
war or the evil disposition of our enemies of any de^criptioa
fchall make it necessary.''

f I

1 1

142

Chap. Thus ended this first session of the first
/^ parliament of Lower Canada, to the general
J 793. satisfaction, as far as at this distance from it
we can understand.

Canada, in its intercommunications withEng-
land and the rest of the world, at this period, ma\
have been as, according to Virgil, England itself
was, in his time., with respect to Italy — " pcnitiis
toto divisos orhe britannos,^'' To give the reader
an idea of the rate at which news, in those times,
travelled backward and forward, it has only to
be stated that the mail betw^een Quebec and
New York, as well as to Halifax, was but
monthly, and not always regularly so. In the
•\ Quebec Gazette of the 10th November, 1792,
it is stated that the latest news from Philadel-
phia and New Yorkjwere to the 8th of October,
giving accounts of a battle on the Wabash and
* Anguille rivers in August, between an expedi-
tion of the American forces, consisting of 52:)
rank and hie, under general Wilkinson and a
body of Indians, in which the latter were routed,
new s, which, at the present time, would reach
Quebec, in three days and perhaps less,
from the place of action, and in direct line.-
Again, on the 29th December, it is said,
" yesterday's post j'rom Montreal, brought New
York papers to the 27th November." In a
notice from the " General Post Office, Quebec
17th November, 1791, information is given that
" a mail for England will be closed at thi^
office, on Monday, 5th December next, at 1
o'clock, p. 7n.9 to be forwarded by w^ay of New

143

York, in H. M. packet-boat, which will sail ciiap
iVom thence in January." Similar notices were ^^•
sometimes given of mails for England by way of 7:93
flalifax, by which route they also, occasionally,
came and went. But a month was the average
time of the mail between either of those places
and Quebec, and from the latter to England,
two months.'*'

Contrast the foliowingwith the above: — We
have now, frequently, at Quebec, since the
establishment,* in 1840, of the Cunard line of
steamers, from Liverpool to Halifax and Bos-
ton, news from India, vin the Mediterranean
'and England, in less than two months ; from
England in sixteen to eighteen days, regu-
larly ; from Boston and New York in three,
the mail coming and going daily ; and, at the
hour of committing this to paper, (half-past
noon, 4th October. 1847,) we learn by the
electric telegraph just finished and in opera-
tion between Quebec and Montreal, that the
steamer Hibernia, from Liverpool, with the
english mail of the 19th ult., arrived yester-
day, at 2, p. m., at Boston ; the information
reaching Montreal by the circuitous route of
Buffalo and Toronto, and which we might have,

» We find in the Quebec Gazette of 20th Deoemher, 1792, a noiicf
trom the ueneral post office, announcing for the first tinae a mail, once
every fortnif^ht, between Montreal and the neighbouring States.

As to the foreign trade o*' the province, if we can so call that with
Britain, and her dependencies, at this time, some notion of it may be
formed, by the number of vessels from abroad vjsitin^ the port of
Quebec, which, in 1791, was as follows : — ninety vessels in all, of
witich 36 werp ships, 1 enow, 47 brigs, and C scliooners.— — Quc6cr
Gu.-€«f, ]7lfi Novr., 1791.

•

■

I ' ..!

144

Chap, as probably we shonly will, in one hour, \vh..'n
'^- the line shall have been established direct from
J^y'^ Montreal to Boston. Truly, in this respect,
times are changed since the close of the l<i:;i
century, and for the better. Who can say that
before the close of the present, an overland trij)
hence to the Columbia or California, and voyniic
thence to the blooming isles and edens of \h>
Pacific, including Hawaii and its magnificcm
Volcano, the mighty Mauna Loa, to which
Vesuvius, iEtna, Hecia, are said to be mol-
hills, en route for Europe, via China and IfKiia.
to spend the winter in St Peiersburgh . i
Paris, may not be fashionable, and of mon
.^ frequent atid easy accomplishment, than r,
at the present time, a voyage to Naples c
Gibraltar, Madeira or Teneriffe ? — when tlii
whole may be done in few^er weeks, perad-
venture dayg, dian it took Sir George Simpson
months, to perform his famous overland expc
dition ; — and a tour of the globe, from Quebec
by that route, looking at London and the lion.>
on the way home, in spring, but an agreeable
excursion during winter, of four months at most,
including stoppages at Delhi, Tobolsk, Con-
stantinople. Vienna and Berlin I

I'ii

145

CHAPTER V.

Opening of the parliament, by lord Dorchester, who hail
returned from England— departure for England oF lieiite-
nant governor Alurei Clarke —addre^.s of the assembly to
his rovfd highness Prince Edward — citizens of Quebec am!
Montreal address him on his departure — statement of the
public revenues - proceedings in parliament— Mr. de Lot-
b'niere, speaker, vice Mr. Panet made judge— prorogation
— reopening of parliament — speech — public accounts of
the province laid before the assembly for the first time —
vote of £5)000, sterling, annually, in future, towards
<iefraying administration of justice and support of the
t ivil government — first articles of agreement with Upper
Canada, relative to duties and drawbacks— money bills —
^speaker of the assembly on presenting them addresses the
governor — speech at the prorogation — mib-cellaneous.

(.'hit p.
V.

The provincial parliament met again at ^•
Quebec, on the 1 Ith JNovember, 1793, and^^t^j^^
was opened by lord Dorchester, who had
arrived at Quebec from England, on tl:e 24th
September, in H, M. S. Severn, and reassumed
the government, his excellency major-general
Clarke, the lieutenant-governor, returning to
England, bearing with him the best wishes of
the people whose constitution he had fairly
started and put in operation to their satisfaction.
His government had been popular, and he re-
ceived several flattering addresses at departing.
Lord Dorchester's return was cordially wel-
comed, a general illumination taking place at
Quebec, the evening of his arrival. In his

I I

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146

Chap, speech to the legislature, he stated, that the
^ due administration of justice, together with the

1793 arrangements necessary for the defence and
safety of the province, were matters of such
high importance and so indispensably requisite,
that he was persuaded they would lose no time
in reassuming the consideration of them, and
in making such amendments to the existinii
laws, as should afford the best security lo
person and property.

In telling the assembly that he would order
to be laid before them an account of all i!e
receipts of the provincial revenues of the crown
since the division of Upper and Lower Canada,
he observed, that the general expenditure wa>
very great, but couid not all be placed to {|.i
provincial account. " Such parts of it," — said
his excellency, — '■* as more particularly beloni^
to that head, I, am not at this time enabled •
bring forward ; I can only say it greatly exceeds
the provincial funds : -yet, it is not, at present,
my intention to apply to you for aid ; that von
may have time to consider by what means ti:
provincial revenue may be rendered nior
productive ; iu hopes, nevertheless, that Cir
Britain, in the mean while, will continue tn
generous assistance to this colony, and delra v
such surplus expenses as are absolutely neces-
sary to its prosperity. • . . ( r r'^ i4v «.'.

"Gentlemen, — you will perceive that tlit
infant state of our constitution requires great
circumspection, in the foundation of such law^
as may tend to strengthen and establish it, and

147

1793.

I flatter myself you will deliberately and cor- (hap.
ilially unite in the promotion of such measures ^'•
as are essential to the happiness and well-being
uf your country."

The address from the assembly, in answer to
this, was cordial and complimentary, : —

" Fully convinced of the happy effects to be derived from
a ^olJd and invariable administration of justice, and of the
'riilispens=able necessity for an establishment for assuring liie
iefence and safeiy of the province, we will lose no time in
resuming the consideration of these important objects ; and
hi making such amendments to the existing laws, as may
'■est protect the persons and propf-ty of its inhabitants.

'' By receiving from your excellency an account of the
receipt of the provincial revenues of the crown, we shall
•e enabled to deliberate on the means by which they may
be renilered more productive ; and penetrated with grati-
tude to the parent state for having hitherto defrayed ttie
surplus expenditure of the jirovince, we Hatter ourselves ti^at
in consideration of our situation, we shall continue to
experience her generous assistance ; a hope furtiicr strength-
«>ned by your excellency's intention of not requiring from
us any subsidy at p>'esent, which confirms the benevolence
>r our mother country,

"In the infancy of our constitution we perceive the
necessity of the greater circumspection in the formation of
laws, that may tand to support and establish it ; and also to
cultivate amongst the different branches of the legislature,
that cordial harmony and concord, so necessary to promote
those measures essential to the happuiess and well-being
nf our country". . - ■

The assembly, immediately after its meeting,
tmanimously voted an address to his royal high-
?iess Prince Edward, in the following terms: —

'* The representatives of the province of Lower Canada,
deeply impressed with the most lively sense of the ardent
/.eal and indefatigable activity, which yotir royal liighness
displays on all occasions, for the protection of their property.

'^.i-

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iiiii

' 148 , '

Clmp. ^^^ security of their persons, and the defence of their
V. country ; take the liberty respectfully to approach your
perso 1, to offer you their thanks.

"Sensibly affected at seeing the son of their sovereign,
discovering in the service wiiich he has embraced, talent?
worthy of the illustrious blood which flows in his veiii? .
and manifo««'r'g th^reateat desire of putting them in prac'.h .
with more effect against the attacks of the common encuiv ;
they consider it their duty and owe it to justice to pay tribide
to such distinguisheil merit, by n public declaration of t!i,u
sentinnents of respect nnd admiration.

" Accept therefore iheir niotit earnest wishes for the
preservation of your royal highness, and for your rrspid
advancement in a profession to which you do honor."

To this address, presented by the house, on
the 15th November, to his royal highness, he
answered : —

" Gentlemen,— Be pleased to accept of my vvarm(^.>t
thuiiksfor the very flattering proof, which you have gi\eii
me of your attachment to my person, in presenting me your
address of this day. It is particularly gratifying to my
feeiing.«, to tind that my conduct has been such, as to merit
your good opinion, and to ensure me your esteem. I tru:;t
you will not find me wantmg in future endeavours to merit
a continuance of the sentiments from you, which you havt^
expressed in a manner so particularly obliging. I look
forward with anxious expectation to the moment, when, if
1 am called upon, to the more immediate active service oi
my country, I may prove to you, that, I shall ever exerl
myself with redoubled zeal, when employed in a cause ?ii
dear to me, as must ever be, the protection of your pro-
perty and persons, and the defence of your country. Once
more, gentlemen,, allow me to assure you, that I shall ever
retain the most grateful sense, oftiie high honour conferred
on me this day, and must hope thai you will remain per-
suaded that, while I must from duty ever feel the warmest
interest in your general welfare as a public body, — I ^hni!
also consider "myself as particularly fortunate whenever It
may be in my power to render service to any one of you;
respectable body as individuals."

149

]793.

The Prince shortly after this,receiving notice chap.
of his promotion to the rank of major-general, _)'_
and appointment to a command in the West
Indies, was presented, previous to his depar-
ture from Quebec, with several congratulatory
addresses of a most gratifying character. The
legislative council, the roman catholic clergy,
the citizens of Quebec, those of Montreal, and
the burgesses of William Plenry, paid his royal
highness their respects in this manner, to whom
he responded feelingly and afi'ectionately, for
the spontaneous proofs of esteem which, in
Darling, they gave him, and which, in truth,
were not the effusions of adulation, but an
homage due by a grateful people to the intrinsic
virtues, unostentatious, social, and manly cha-
racter of a son of, as he truly was called, —
'' the best of sovereigns."

The judicature bill, of the previous session,
was taken up in the assembly, which, after
bestowing much attention on the subject,
brought it to maturity, as it also did the militia
bill ; which, repealing the ordinances on that
head, substituted in their stead provisions bet-
ter suited to the circumstances of the province.
An alien bill was also introduced and passed,
establishing " regulations respecting aliens and
certain subjects of his Majesty who have resid-
ed in France coming into this province and
residing therein, and for empowering his Ma-
jesty to secure and detain persons charged
with or suspected of high treason, and for the
:irrest and commitment of all persons who may

n2.

■L.:i:. :.

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150

«M,.,p. individually, by seditions piuctices, Jiltompt ;
^ disiiirl) the i!;ovcrnniciit C)t' this |)^ovin(H^*

TriiT ^'^^t' following inessago was transmitted i>;
the assembly, by the gcnernor-in-ehiei', on di>
29th April, 179*4; interesting, from its bein.:
die lirsi financial statemimt laid before lli.
legislature of Lower Canada : —

'' Tho iroN tvrior has grvon tlircdions for Inyiri}^ before fli •
house ' up - bly nr\ nciMMint of the provincial ixncnuc < \
iho iM'o ■ ' ! ilio (.'oirmuMirotm'iil oftlu' n<'\vr,orit!tituli(Mi
to the lOi .:.iu»arv J70-1.

''First, then; ■ 1 ami tiMTiiitrinl rcvviim- as ostahlisii ;i
])rior to the r.oiujuest, wlucli his iTitijosty has hoen im i
^racions'.y pleascil 1o onlor !o be ap])lieil towards dofrayitv
the civil expenses c^f (lie jirovinrc. This arises from varioiif«
ri<rli(s nppertain'liig to the crown, some o{ which are net
now proihielive. Tiie goverrjor doubts not but the Ik»iisc
will brinu forward measures to relieve the subjert by othi i
duties not objectionnbie, if raising the tods d 7Hnies, droit »
J de (juint, cS'c. up to the le^al st;u)dard would prove oppres-
sive to ttiio peoplt?.

* rt would fecm hy w proclamation of lord Dorciiester, <1at^'d ;:'
'^Ufhec, the 2()th Novcnd'cr, 17});{, lliat thcMC were rniissa lies Aon.
I'^ranoe, or others in thu province, l)iisyiiii> lheniselv(>s in nropaj,'aliiiL;
in it thfl revolutionary principles of that cnmilry in those tinries. The
prorlamatiou alliid'ni lo staU'(l,1h;it '■ Whereas divers evil disposed pn
'' sons liad lalely rn.nnrcsfcd seditions and wicked ;itteiripts toalic'jiiM
" the arte.ctions ot his Majesty's loyal subjects, 1»} I'alse lepreseiii;!-
" tions ot" the cause and condnrt of the persons at present oxercisiiiu
" tht»supV(Mne authority in France, and pai.ticnlarly certain foreigm i>
" being alien enemies, who are lurking and lie concealed ui varinns
'' parts of this province, actinc; in conirert witii persons in foreign
** dominions, w^th a view to forward the criminal purposes of sncli
*' j>ersons, enemies ol'the peace and happin«'ss of the itdiabitanls ofijin
<< province, and of all reli,';ion, <i;ove''nment and order," — His e.wcl-
lency therefore, required all mairistrat'-s in and throin;;hout the provini'c
captains h\ mditia, peace officers, arl others her Majesty's i^ood sub-
jects, to he vi;<ilant, and to do their lUmost to discover and secure a;!
and every person wlio miijhthold seditious discourses, or utter trea-
sonable words, spread false news, publish or distribute libellous ppper.s,
■written or printed, tending to excite disconteni, or les.sen the affc'--
•tions of his Majesty's subject.^, or in any manner to disturb tiie pea<'.t
:and happiness under his Majesty's government in this colony, &c.

15)

jirovo opjjrcs- ,|l

" Sccoiuily, — The diiiics payable t,o his majesty ijndrr (.,,^
il»e act v>f thf Mill year of hirt reign, rlinp.SS, on arliclej< V.
imported into the province of t^uehcc, nnd on lirenceH ^^^
-Tanteii to jK-rsi'iiH lor reiailing spiriiuoiis liq\iors. As soon l7!rl
Mi^llio proviriceN of l.*|)j)er Canada and Lower Canada shali
linvc Massed laws laying the same or other duties to ai\
t'ciual aniount to iIiohc which are j)ayal)le undtjr this act, and
such laws shall hnvii obtained llu; royal awHenl, the kin^^s
ininistcr.s will he ready to propone to parliament a repeal of
'ihe act ahovemenlioned.

-'- Thinllv, — 'I'he duties Imposed by the provincial legijsla-
hue, witij iho appropriation .and balance.

" Foin'thly,— Amount of eahih received, arininj^; from fim-a
wid forfeitures impowed by the courts of justice.

Fifihly, — The naval ollicer's returuH inwards ,ih the
division of the province; wdiieh were orij.^inally -acf d ax
:i check on the customs', but seem not to nnH.t't* the end
proposed. The governor relien on the vvisdow. a">' h-yalty
of the house, that while they select proper obj^ctH of luxury
for raising thoso aids, the public exigencies i") recpure,
diey will, at the same lime, brinji; forward firranf;ements to
pr(!vent all irref^ularities from creepin^T into the receipt of the*
piiblie revenue. The true UK^asure of the burthen laid U[)on
the people by any tax or duty beinji; the gross sum taken out
>f thtVpocket of the subject on that account; — this j^rosn
sum should fully apjiear ; — the aid ^iven thereby to the slate
is the balance which remains in the public coflerp, after all
the expenses occasioned in the collection are p.aid. Mon^
ilVectually to prevent any abuse from connecting itself with
the receipt, the governor recommends that no part of the
burthen be sulVered to lie com:eale(l under the name of fees,
j)erquisites, gratuities, &c., but that the whole of the monies
drawn from the subject be lodged in the public coders, and
proper compensation for the collection be openly issued
(herefrom, by warrant under the signature of the governor
or person administering the government.— That the house
may better judge the burthen laid on the people, and the aid
granted to the state, the governor has given directions that
tlie annual accounts of the provincial revenue of the crown
be accompanied by

Sixthly, — A statement of the monies taken out of the poo

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152

Chap. ^^^ of the subject on this account ; — its progress and tllin .

V. nution before it lodges in the public coffers, with the at'ti i

^*^^H^ diminution on accoufit of the collection, that every circuni-

I7i>4. stance of this important business may bo constantly belon

their eyes ;— that in the outset of the constitution and ii>

progress, they may guard this important branch from tlioic

corruptions and abuses which have brought so many mi.si'-

ries of oilier nations."*

It^l

■I '..

' It is unnecessary to introduce fipre ihe whole of the details all
ed to ill his excellency's message, but tho fol lowing sicetch may
he amiss ; —

The gross receipts, Irom the dilTerent sources constituting
pro" incial revenue, from 26lh Deceuiber, 1791, to 24th Decern!
I79'2, as laid iK-lore the ajisenihly, by order of lord Dorchester, w
as follows, viz: —

ti(I-

llDt

Casual and territorial

revenue, - i" 720

Duties by act 14 G. 3. 3771
Licences by do. 1013

— leavins^, after ex-
peiifies of t'ollec-
tion and other de-
ductions, net £ 712 16
7 Ditto, 32^1 10

Ditto, 1003 5

Gross stg. £5504 17 7

Net stg. £4957 1 1

: 389

5G92

754

lf)13

174

8623

Xeti; 385

9 icir

492<>

19 t;'

746

13 3

1478

3 11

172

8 v^

And from 25th December, 1792, to 5th January, 1794, the Ui
lowing : —

Gross casual and territorial

revenue,
Duties oil 4 Geo. 3.,
Licenses by do.
Duties by the legislature,
Finp.s anci forfeitures,

— P— — M il ^—i — -».

Gross stg. £8623 5 Net stg. £7709 15 2

Such at thi.° oeriod, the outset of the constitution, was the revenue oi
Lower Canada, (but it owed nothing) insufficient, by some thousaiid.>
to defray the expenses of its civil goverimient, stated generallv u?
"about twenty-live thousand poundtr, annually." By the public accourn •
laid before the as.semblyof Lower Canada in the session of 18.Tt (^
(the last, previous to the union, that were submitted to it.owing to i) .
repudiation of its functions by the body,) the gross amount of revejn > .
for the year ended 10th October, 1835, was £205,910, currency, le;:
ing, after deducting all expenses of collection, incidents, drawbaiAv
and £54,876 to Upper Canada, for its portion of tlie duties levied in shir
lo^ver province, a net amount of £140,747, currency. The revenm

153

IS aiul cliiiii*

v'\i\\ tllO Ul'tfT

^ery circuni-
itanlly before
ition arut its
'h from those
many mi«c-

ho details allud-
ikelch may not

onstiliitin^ thi-
!4th Decern IxM,
lorcKester, v\>Mt

(•-

V.-

£ 712 16 ti
324 1 V) ;.
1003 5 !

g. £4957

11 it

, 1794, the to'-

r £' 38;3

11 ii ^

1926

19 t;

746

13 2

1478

3 11

172

8 '^^

jl:7709 15 2
IS the revenue (! I
some thousaiiii>
"fed generally a'

public accoiini;-
5sionoi 1830 -ti
b it,owin«; to lh<
louiit of revemi'.,

currency. Unv
|nts, dravvbiuK>
Mes levied in ihn
The revejiuf

The house, by an viddress, thanked hiscuup.
excellency for the message and papers accom- ^'•
panying it, observing, that they saw in it anTriJT
additional proof of the paternal solicitude of
his Majesty to ease the burthen of his subjects,
and of his excellency's anxiety to promote the
interests of this province ; and that the magni-
tude and utility of the objects recommended tu
iheir consideration, could not fail engaging
their serious attention, as soon as the impor-
tant matters now before them and in a state of
progression were accomplished; but that the
very advanced period of the session hardly
atTorded a hope that discussions and examina-
tions of such consequence in their nature, and
necessarily requiring much time and delibera-
tion, could be entered upon this session, with
any prospect of effect, and they therefore
anticipated the necessity of postponing them
to the next, when they would obtain their
earliest consideration.

During this session, Mr. Panet, the speaker
of the assembly, being appointed, by lord Dor-
chester, one of his Majesty's judges of the
court of common picas, the house was inform-
ed (2Sth January,) of the circumstance, by
message from his excellency, who also stated
that, as Mr. Panet's duty as such, might cause
his absence occasionally to interfere w ith that of

of United Canada for the year 1 846 was £51 2,993, currency , —saddled,
however, with a public debt, Uie annual interest whereof is stated in
the publii- accounts laid before parUanienl, at tlie late session (Jiuie,
1847.) at £145,21 1, and of course, on ihe increase.

154

1791.

Chap speaker, his excellency, that there might be iiu
^ dehiy to public business, gave leave to the
'house to proceed to the choice of anoth* r
speaker. The house chose, by an unanimon^
vote,Chartier lie Lotbiniere, esquire, itsspeak( j\
and the governov confirmed the choice. Tin-
appointment ot' Mr. Panet, however, did nui
take place, that gentleman, whose residence
was in Quebec, prefering to relinquish tlw
appointment conferred upon him, to a translVi
of his domicile tu Montreal, where liis appoint-
ment would have obliged him to reside, and h

consequently retained his seat as a membei- n\
the assembly to the end of the parliament.

The session was closed on the .3 1 st May, 1 791,
lord Dorchester giving the royal assent to fiv(
bills, including those noticed above, (with the
exception of die judicature bill, which being re-
served for the royal pleasure,didnotbecomela\v
until December following,) and one for appoini-
ing commissioners to treat with commissioncis
on behalf of Upper Canada, relating to duties
or drawbacks to be allowed that province on
importations through the lower province.

The following was his excellency's speech
on proroguing the parliament : —

'' Gentlemen of the legislative council and gentlemtMi ot
the house of assembly, — I have no doubt that on returnini'
to your res])ective homes, you will zealously ditVuse amom
all ranks ot* ji ople, those principles of justice, patriotii-n,
and loyalty, wliichhave distinguished your public labour
during this session ; and that you will use your best exer
tions to Imd out and bring to justice, those evil dis[»osei:
persons, who, by inflammatory discourses, or the spreadiii;: ol
seditious writings, endeavour to deceive the unwary am'

l.iiurS tho peace niid good order of sorieiy ; — and timi you (;hap.
^vtil avail yourselves ol" every opportunity to convince your V.
leilovv subjects llial the blessings they enjoy under a truly ^^'-^'
treoand liappy constitution, can be preserved only by '\ due '79.''
obedience to the laws, all breaches of which are the more
inoxcuaable, as the constitution itself has provided for tlie
•safe ami easy repeal or nioditicatioti of such as may be
loiind not to answer the ^ood uitentions of the legislature.
•' The success of l\is Majesty's arms in the West Indies,
IS ail event that on every account must alVord you grear
<uiisfactlon, particularly as it holds out a prospect of the
most important commercial advantages to this province, as
'Aoll as to the rest of his Majesty's dominions."

From the close ot ihis to the opening of the
ioDowing session, we lincl nothing in the occur-
rences of the time of any great interest.

His excellency lord Dorchester again met
the parliament on the 5th January, 1795, which
he opened with the speech following : —

" Gentlemen, —The attention manifested by you during';
the last session of the legislature, to provide for the internal
rranquillity of the province, as wed as for its protection
against hostile attempts from without, leaves me no room to
doubt of your continuing the same laudable vigilance so long
as we may be threatened by war, or by a calamity more
(Ireadlul than war, the present system of political hypocrisy
contrived to delude the multitude, and render them instru-
ments of their own misery and destruction.

" Gentlemen, — I shall order to be laid before you a state-
ment of the provincial revenue of the crown, for the last
year, togeiber with such part of the expenditure as may
enable you to estimate the ways and means for the most
n^'cessary supplies j in bringing forward of which you will
keep in view the advantages of providing for the public
exigencies, by a prudent restraint on luxury, and by regiila-
tions which may. at the same time, encourage and extend
our commerce.

" Gentlemen,— 'The judges and law^ officers of the crown
■ ve been directed to driw up and report their opiiiion on

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156

the subject of your address to me of the CSili day of M,iv

y''" last ;* and 1 lia\e much sati.sfpction in perceiving thisenrly

— -v., disiiposition on your part, to prevent and guard against

1795. abuses wincb might impede the course of justice, or give

rise to customs that would establish oppressive deniands.

and gradually efface from our minds a due sense of tiirir

unwarrantable origiii.

" Your own disinterested conduct in your legislative cjpa.
city ; — your zealous endeavours to promote a general ole
dience to the laws, connected with a benevolent attention u<
the interests of the subject, — form a soiid foundation f.r
goveriiment, and atlord me great hopes that our new con-
stitution will be firmly established, and ensure, for age? in
come, the happiness of the people.."

The foresight, the rectitude, the wisdom, ci
this most upright man and virtuous governor,/
cannot fail to strike the reader and conima?i(!
his admiration and respect.

The address in answer was an echo to this,
the assembl}' observing in conclusion : — '' It is
highly flattering to us that our conduct in ou''
legislative capacity has met with your excel-
lency's approbation. Being thoroughly sensi-
ble of the happiness we enjoy under the frc i^
and liberal constitution which has been grant-
ed us by the parent state, under your excel-
lency's prudent and wise administration, we
will continue to exert our most zealous endea-
vours to promote a general obedience to the
laws, and to establish that constitution in such
a manner as mav ensure, for as-es to come, the
happiness of the people." How fallacious art

* This related to the establishment of forms of proceeding in th»
courts of justice and a table of fees, to which the different civil ofRct. •
advocates, notaries ajid land surv» yors should be entitled, in their rr-
ptctive offices.

157

ill day ot* Mrv
'iving this e?r!y

guard against
justice, or give
8sive demnrids,

sense ol" their

egislative capa.
a general ole
ent attention tc
foundation r>
our new cof;^
jre, for age^ tu

wisdom, (>[
s governor,
id commaTHJ

L'cho to this,

lon : — ''' It i^

iduct in ou^

)^our excel

iighly sensi-

der the frc <

been grant-

your excel-

tration, we

lous endea-

ence to the

ion in such

come, the

llacious an

proceeding in th
jrent civil ofRci
titled, in their rr

1 he prospects and the best hopes of men! — chap.
Scarcely had that generation passed away, ^J^
when the constitution, so cherished, had lost ^795!
all its charms, was repudiated, and the demon
discord, which for want of a more appropriate .
terra we call civil, but of most uncivil aspect,
was abroad and stalking over the land, preparing
the horrors of intestine war,with lire and sword.
However expert, '* dujis les formes, ^^ their suc-
cessors may have grown by experience, they
were wanting " aufond,^^ in the wisdom w^hich,
at this period, guided the public counsels of
the men whose professions we are now scan-
ning, and which there is every reason to
believe were hearty and sincere. The politi-
cal mania that afterwards seized upon the
masses, and the corrupt doctrines springing
from it, preached by the new brood of politi-
cians, that some few parliaments after this,
succeeded those prudent and truly patriotic
men, were unknown to, and would have been
spurned by them.

On the 16th February, the governor sent
down the public accounts, now for the first time
laid before the assembly, with the message to
be found below."^ The expenses of the civil

• " The governor has given directions ibr laying before the house of
assembly, the accounts of the provincial revenue of the crown, from
the 6th Jantiary, 1794, to 5ih January, 1795, also of.the civil expendi-
ture for the same period.
No. 1. — Cash received for casual and territorial revenue, between 6<h

January, 1794, and 5th January, 1795.
No. 2. — Ditto foi duties and licenses under the act of the 14th of his

Majesty, between ditto and ditto.
No. 3.— Ditto arising from fines imposed by the courts of justice,

between ditto and ditto.

Sfi'lii

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III!

158

cuap. government of the province, for the year end
J^ ing the 5th January, 1795, it appears by thtj.se
17^5. were X* 19,985, and the estimate for theYollou-
ing year was i) 19,993, sterling. The House

No
No

4. — Pitfo for duties umior the act of the province, botw<M>ri dii o
and diito.

5. — An animal statonnent to shew the net renriain of duty after thr

exppns.? of tli(> collection, compared with what is taken ontofilif-

pocket of the subject, vs ith the progress of the diniinntion hefo|.

and after it ujets into the public coffers, between ditto and ditto.

IVoft!. 6 & 7 — Accounts of part of the civil expenditure of last y^.j.

and by which it will appear, that the expenses have f^xceedd

tlio revenues, in the sum of sixteen thousand one hundrtMl yr.d

twenty-two pounds twelve shillings and two pence three farthni!.'s

No. 8. — Kstiniati^ of such part of the civil expenditure for the ensiim-:

year, as may enable tlie house of assembly to calculate the ua\"

and means for the most necessary supplies, all the penMoiv

amounting to one thousand seven hundred and eij^hty-two pounds

six shillings and seven-pence aterlin^, thouf^h chieHy granttn! i r

services rendered to Canada, are deducted, tJns»; sf^rvice^: hvuv

considered as rendered to the empire at larije ; it is from thciK t".

therefore, their reward with other acts of benevolence may bi

expected to (low. The salaries of sundry officers to the aniini.n

of sevcii hiuidred and eighty-two pounds ten shillii\gs, a '■ann;;

to belong to tlie military rather than the civil expendjlure aitalsti

deducted.

The governor doubts not the readiness of the house 1o grant siWi

aids on account of this expenditure, as may be most easily raiised Iv

im.yiosts on art ides" of luxury without being injurious to commerce.

No. 9 to 20. — The governor has also directed to be laid before the
house of assembly, the accounts of duties received by the collector ct
the customs, by virtue of several act.s of parliament pas.se(i in the^j'h
year of Charles 2d, chap. 7 ; 6th George 2d, chap. 1,3 ; dth iiforuoM.
chap. 15 ; and 6th George 3d, chap. 52, for the years 1792. 1793, ;ii,!!
1791, which shew the several art'.des of commeice on which (hitiesn;
present are laid, the nit proceeds whereof, amounting to six humirfo
and eighty-eight pounds, one shilling and one penny lartiunp, yvt
I No. 21] annum, as per statement, are paid into the receipt oi hii'
Majesty's exchequer in Great Britain, *' to be there entered scparatt
•"• and apart froin all other monies, to be reserved to be from tun*' ;o
" time disposed of by parliament towards defraying the neccssaiv
*• expenses of defending, protecting and secur'»<'5 the british colonii',
'• and plantations in America.." But sup| .ig these as well astii;
other revenues collected in the province hati been, in the first insiantf.
ippropriate<l to the defraying the expenses thereof, the expeiidiiuii.'
has still exceeded ^he receipts in the sum of fifteen thousand four hun-
dreil and thirty-foui* pounds eleven siiillings and one penny hall pt iii v
sterling."

159

:e, betwcr'ti dn o

: 4th Georiff^ 3(!,

1795.

went into committee of supply and ways and chnp
means, with the view to provide the necessary ^'
funds, ar far as the resources of the province
would admit, and made provision accordingly.
After voting the reimbursement to the military
i- jest, of some c£638, advanced from it towards
defraying the salaries of the officers and
contingencies of the legislative council and
assembly, and for certain repairs to the build-
ino- in which the assembly sat, (the Erechr, or
old roman catholic episcopal palace,) they voted
■-' tiiat the sum of £5,000, sterling, be granted
*' to his Majesty towards defraying the admi-
" nistration of justice and support of the civil
^' government of this province, for each year,
" to count from the 5th of January, 1795, and

'' in future."

The commissioners appointed under the act
of last session, to treat with cormissioners on
behalf of Upper Canada, concerning duties and
drawbacks to be allowed in favor of that pro-
vince, reported that they had met and finally
adjusted wqth them the sum to be reimbursed
to Upper Canada, for the years 1793 and 1794.
They stated, that being, as well as those from
the other province, '* authorised to enter into
an agreement for a further period, and being
e(jually desirous to treat on the subject, which,
if unprovided for, might give rise to. difficulties
hereafter ; being, at the same time, most soli-
citous on both sides, to preserve the harnion3r
and cordiality which prevail between the two
provinces, the article in the provisional agree-

r^^ I

r ^n^

l.fi

ii^iii

lili^

iiH!!'

r;!

160

Chap, tt^ent for two years was cheerfully assented to ;
V by that article the province of Upper Canada

'J^' is entitled tp one-eighth part of the revenue
' already payable, or that ma) become payable
on goods, wares or merchandise coming into
Lower Canada, under an act of the legislature
thereof, and to assure the most perfect free-
dom of ^'^tercourse and trade with our sister
province, it is provided that no imposts or
duties shall be laid by Upper Canada, which
not only renders unnecessary the establish .mi:
of custom-houses on the line which divides tin
two provinces, but saves to both an expense
that, in all probability, would far exceed any
trifle of revenue that this agreement may take
from one or the other of the provinces more
than their absolute proportion."*

• " The commissioners having met and communicatt-d to each other
their respective powers and authorities, and ha'ing titkon into cms
deration and maturely weighed ceriain statements '• 'revenue vuimw
in the province of Lower Canada, in they*' one ;.inusand sevt-n
hundred and ninety-three and one thousand sevt. iiund-edandnii'ciy
four, and certain statemv) Is of the exportation of part of the v '/;r
into the province of Upper C - 'a, also the apparent population ai'
relative situation of tnosf> •uTOvnu es respectively, have unanirrou.vH
agreed : —

I. That the province of Lower Canu-^a, shall be and hereby is mac ■
accountable to the province of Upper L '.nada. in full of all rights.
claims and demands which the said province of Upper Canada, may
hhve on the province of Lower Canada, by reason of the duties I vi, o
upon VvinC'S, in the years one thousand seven hundred and ninety-th;.
and one thousand .seven hundred and ninety-four, under an act oi ti.t
legislature of Lower Canada, passed in the thirty-third j-ear of hi-
JMajpsty's reign, entituled " ait act to establish a fund for payin;,' ih.
salaries of the officers of the legislative council and assembly, andi'ii
defraying the contingent expenses thereof/' in the sum of tluee hu,-
dred and thirty-three pounds four shillings and two pence curreiioy;
which said sum shall be paid into the hands of such person or p^^rs./i..-
ixn may be appointed on the part of Upper Canada,
• n. The legislature of T'pper Canada, will not impose any duiii?
whatever on any goods, wares, or merchandise imported into Loun

m li i'

ssented to;
)er Canada
le revenue
le payable
oming into
legislature
rfect tree-
i our sister
imposts or
ada, which
establishing
divides tin
in expense
;xceed any
It may take
tBxes more

att'd to each other

tokoii into consi-

,>f ?N» venue rriisod

saousand seven

died and niiieiy-

lart ol' the v '/:(,•.

t population anil

ve unanirj-ousK

hereby i« mm-
\i\[ of all right>,
)er Canada, may
Ithe duties kxuA
.nd ninety-thrc'^
ider an act oi ihf
|iird 3^*ear of hU
for payin^j the
ssembly, and for
Im of tiiiee hi;i.-
pence currem-y:
jerson or pers .m.^

[>ose any dntic?
rted into Lowei

161

Several important acts were passed this chap,
session, among them two of revenue, for ^'•
defraying the charges of the administration of 1795
justice and support of the civil government of
the province, and other purposes. The speaker,
Chartier De Lotbiniere, esquire, in presenting
those bills for the royal assent, according to
usage and the privileges of the commons, ad-
dressed his excellency : —

" In a pecuniary point of view, my lord, this supply can
bf* an object but of small amount to his Majesty ; but when
the slender abilities of our constituents are considered, and
that it is presented as a tribute of gratitude, for the happi-
ness which we enjoy under the fostering care and protec-
tion of the parent state, and the benign influence of that
constitution which hns been accorded to us, upon a model
of perfect practical excellence j it thence ae^sumes an im-
portance, that we doubt not our most gracious sovereign^

Canada, and passing into Upper Canada, hut will allow and admit Thf
lesjislature of Lower Canada, to innijx>se aiid levy such reasonable du-
ties on such goods, wares and merchandise aforesaid as tliey may judge
expedient for the raising a revenue j\ithii.i the province of Lower
Canada .

UL That of such duties as the le2;islatt\re of Lower Canada has
already imposed or may hereafter impose on goods, wares and mer-
chandise coming into the province of Lower CantuJa, thp province of
Upper Canada, .shall be entitled to receive Pimually, ar > dispose ot
o)ie-eighth part of their net produce for the use and b' t of the said
i)rovinoe of tapper Canada, the other -seven-eighths r* iiing for the
use of Lower Canada.

IV. That there shall annually, m tlie month of D ember, or as
sotm afterwards as possible, be turnished to tiie lieute.i ant governor or
person administering tlie government of the province : Upper Canada ,
for the time being, duplicates of the accounts oi all ■ .Ur-s that now are
or hereafter may be imi)osed by the legislature of Lower Canada .

V, That this agreement is to continue and be in force until the last
day of December, v/hich will be in the year of our lord one thousand
seven hundred and ninety-six, and no longer.

This done and concluded at Montreal, this eighteenth day of Feb-
ruary, one thousand seven hundred and ninety-live, having sigried six
copies of the same tenor and date."

|i:

if'

ui'^

liil

llifll

162

Chap. ^^^^ ^'^® magnanimous and generous nation which he governs,

V. will measuro only by our intentions.
v-*-v-^ " On such an occasion, my lord, I cannot but considu ^i
I79r>. a very singular happiness to myself, that the first bills whicii,
by command of the assembly of Lower Canada, I have ilie
honor to present to your excellency, hav« passed wiih a
degree of zeal and unanimity, that evinces the warmest si n-
timents of attachment and duty to his Majesty, and estcim
and respect for your lordship's administration.

" If I omitted to represent a circumstance so credilahio
to the assembly and to this province ; I sliould ill dischari^c
the trust which they reposed in me, and which your hn\u
shij> so graciously confirmed.

'* In forming the firsVbill, the assembly were solicitous t
select such objects of revenue, as are calculated to beai ihe
least 9ppres8ively on the community : the greater number of
articles subjected to duties are acknowledged iuxiiric^s m
most countries ; and only one (salt) is considered in any. h-*
of necessity ; that circumstance, however, is far more thai;
compensated, by its being an article so generally diiTused,
that each individual will pay but a trifle j by the certaintv
'^f the collection of the ir-^post thereon ; by the impractica-
bilits- of smuggling so bulky a commodity, and by the conn-
deration that it can still be furnished to the consumer, at a
price below that of almost any other country : hence it
became a very fair object of revenue.

" Th'=^ other bill of supply, which I have the honor to
present to your excellency, is formed upon the principle d
combining revenue with regulation, in order to prevent ahvis»'3
in certain occupations, and to render them of utility to thf
province.

" The bills, my lord, which I have in my hand arc inii-
tuled, " an act for granting to his Majesty addi^onal and
new duties on certain goods, wares and merchandises, inJ
for appropriating the same towards further defrayin;? the
charges of the administration of justice and support of ih
civil government within this province, and for other purposes
therein mentioned," and " an act for granting to his Ma-
jv«»-sty duties on licenses to hawkers, pedlars and petty cb.^p
men, and for regulating their trade ; and for granting addi-
tional duties on licenses to persons for keeping houses i

IGT?

public entertainment, or for retailirig wine, brandy, rum, or ^^
anv other spirituous liquors in this province, and for regu- v
lating the same ; and for repealing the act or ordinance s^-^^
thertin inenti<\ned ;" to which the assembly humbly be- 17»0
seeches your excellency to give the royal assent in hit
Majesty's name.''

His excellency prorogued the legislature, on
the 7th May, much gratified, as may be seen in
the terms of his speech, at the result of the
session. The speeches of lord Dorchester,
being invariably short, and to the purpose,
the reader will not, in running over this,
ihink the time he may bestow in the perusal
lost : —

*' Go.' 'lemen, — I cannot put an end to this session of our
proviniial parliament, without expressing my approbation
and thanks for that zeal for the public welfare, which bav
distinguished all your proceedings.

Gentlemen of the hou«e of assembly,-— The cheerfulness
with which you have granted a supply tov^rards defraying
ihe civil expenditure of the province, gives me great satis-
faction, the judicious choice you have made of the means
for this purpose, evinces a tender regard for the interest*
and condition of this country ; and the unanimity you have
manifested in this tribute of gratitude and attachment to the
king's government, cannot but be highly pleasing to hit
Majesty.

"■ Gentlemen, — The assiduous and earnest attention to the
public good, which you have collectively exerted during the
course of a long session, renders it unnecessary for me to
i^commend a continuance of the same laudable spirit in the
diiTerent parts of the country where your several privaie
avocations may now call you : you will there have the
opportunity individually to inculcate the advantages arising
from habits of order, industry and sobriety, which must evi-
dently tend, as well to the particular benefit of the people,
aa to the general prosperity of the province."

^164

Chap. The gross amount ol' the revenues of the

^^ present year, that is to say, of the year endino

1735 the 5th January, 1796, was.€ll,J41 6s. Id!

currency, and the net amount remaining, after

all expenses of collection were paid, <£ 10,425

1 8s., derived from the following sources, viz ;~^

Caijual and territorial, - £ 441 13 4 gross,— net X 434 -i

Diitjes by 1 Uieo. 3, ih. 88, 2000 15 4 do.

Licenses under do, 898 do.
Duties by prov. parliament.

under act 33d of H. M., 113214 8 do.

Do. act 35tfli of H. M., 6()3y 19 4 do.

fines. - - - 128 3 5 do.

do.
do.

2125 .^)

882 1(>

^do.
do.

6867 li
126 V

£11141 6 1 i;i0425 IS

The civil expenditure of the province for the
year 1795, was c€24,71 1, currency,— inchuliny
-fc:i205 2s. lOd., to Upper Canada, for its per
tion of the duties levied in Lower Canada.

The salaries of the officers of the legislalivi
council and assembly, and contingent expenses
thereof, for the year 1795, amounted to £1565,
currency ; the fund to cover which, under the
act passed for the purpose (33d Geo. III.) as
seen above, realizing only £1 132.

oK,

■

165

Jt'10425 IK -

^ince for the
— incliuiiiiii

, for its por^

e legislativt
nt expenses
d to £1560,
under the
eo. III.) as

CHAPTER VI.

parliament meets — sketoli of the speech— ami of the address
in unsvver to ii — new road-law hill — lods ei venies^ ^iroit
de quiniy &.c , and petition rehiting to them— »hills passed
—one relating to the revenue reserved — prorogation —
Lord Dorchester embarks on leave of absence, for Eng-
land, in the Active frigate — wrecked on Anticosti ~
siicreeded by Mr. Pre^cott, • as lieutenatit governor —
'general elections — members returned- meeting of the new
parliament — proceedings — lieutenant governor appointed
governor in chief — congratulated by the assembly on his
appointment— bills passed during the session — proioga-
tion — miscellaneous — trial and execution of McLane, for
high treason — financial stateinents.

iad<

These details will, to most
heavy and uninteresting, but they are, never- J^^^
iheless, essential to the proper understanding of i79r).
the subject we are upon. If they couldjwitb pro-
priety, be seasoned with something more racy
than mere politics, the writer would take pleasure
in indulging his readers in as liberal a sprink-
ling of matter foreign to them, as the subject
could bear. But it is one, be it always remem-
bered, of facts — of history, if we may so dignify
it, and not of romance, and the gravity belong-
ino; to it, must not be lost sisjht of. If now^ and
ihen we do deviate, the deviation will be but
momentary and little from the track, to which
we shall invariably keep an eye, returning to
ii as soon as possible.

' ■■

ch'aiv Lord Dorchester again met his parliament
^^ on the 20th November. After alluding to the
7y5. deficiency in the late harvest in Europe, and
th^t in Canada, whereby he had found it neces-
sary to prohibit, till the 10th December, ilic
exportation of wheat and bread stuffs, he recom
mended to their consideration whether an\
thing further could be done to prevent \\\v
distresses with which this failure might lhreat( n
the poor.

His excellency, in informing die assembiv
that he would order to be laid before them :.
statement of the provincial revenue of the
crown, toprether with the annual expenditure.
observed, that '' the simplifying of all the rciiii-
lations concerning the revenue, by such mode
as circumstances may render most expedient,
and the providing such prudent restraints ;i>
m<iy prevent its unauthorised diminution, are
matters highly deserving your most seriou.s
consideration.

" Gentlemen of the legislative council, and
gentlemen of the assembly. — After pointing out
to you the advantages arising from a reven''
formed on judicious principles and vigilant i;
guarded against abuse, I have nothing to reconi
mend more deserving your immediate attention
than a well-regulated militia : — this is the con-
stitutional guard to which the magistrate should
have recourse if, at any time, extraordinary aid
should be found necessary to enforce the laws,
or to maintain internal tranquillity : — this alone
can secure to you respect from without, and,

167

i (I

assisted by the regular troops, will liflTord efFecMhar.
rual defence against the open attempts of ^*
external enemies." ^^

The address of the assembly to his cxt (.'1-
lency corresponded with the speech : — " Im-
pr(^ssed"— said they — " with a sense of the
propriety of securing to Great Britain and her
de [tendencies, in the time of scarcity, all the
i^raiii and odier articles of sustenance which
this province can afford beyond its own con-
sumption, we cannot but highly approve of
vour excellency's proclamation of the ISdi
Mav last, laying a partial embargo for that pur-
pose : and we entertain the most grateful sense
(if the paternal care and tender regard your
(excellency has shewn for the welfare of his
Majesty's subjects in this province, by laying a
general embargo on all wheats peas, oats,
barley, indian-corn, flour and biscuit, in conse-
(juence of the general failure of the crop in
Lower Canada, and we shall not fail to adopt
such farther measures as the circumstances of
the province may require, to prevent the dis-
tressing consequences with which this failure
may threaten the poor." A bill for indemnify-
ing all persons who had been concerned in
advising and carrying into effect the embargo,
was accordingly passed, but no further mea-
sure of relief was found necessary.

The formation of a new system of road laws,
particularly occupied the attention of the legis-
lature this session, and a bill to that effect
was passed, which operated well during

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168

Chap, many years ; and indeed, until recently, when.
VI- mutilated by innovations, inoperative and
impracticable in Lower Canada, what remains
of it in force, seems so imperfectly under-
stood by the country people, that it is become
comparatively, in many places throughout
the province, a dead letter. The assembly
also earnestly occupied itself, going iVj-
quently into committee of the whole on tlie
subject, with that part of the governors
message to the house, of the 29th April, 179i
concerning the casual and territorial revenue,
and the raising of lods et veiites, quints, <Scc.,
due to the crown, but without coming to anv
final determination on the matter.

While it was under discussion, a petition
from divers inhabitants of Quebec, was laid
before the house, which, as the subject is stil!
unredressed, and a grievance to its citizens,
after the lapse of fifty years, deserves a pas ing
notice. They represented, —

" That vyhen this country was surrendered to the arrnsoi
his brilannic majesty, whereby he became vested with all
the feudal rights of the most christian king, the oily of
Quebec, and particularly the lower town, was a heap oi
ruins. That his Majesty's loyal subjects, old and .,;nv,
have, since that period, been at great expense in repr rng
the ravages of war, by rebuilding the city, and in makirn
valuable and extensive additions thereto ; in wharves, si(ie!>
and other buildings, especially towards the river, in so iwmI
that the value of his majesty's censive, in the city of Quebec,
by the enteq)risijig industry of his loyal subjects, is aug«
mented beyond calculation. — That, however burthenitome
the feudal rights may in general be considered thronghout
this province, their operation as a tax upon industrv and
improvement, is more particular!}' felt in the town-* an

169

villages, where the buildings, erected at the expense of the f^^^
inhabitants!, may be said to constitute the whole value; and VI.
where a lot of ground, originally worth nothing, may b^ v-*-/-w-
improved to an immense amount j and that this is the case, 1796.
in innumerable instances in the city of Quebec, is a fact
well known to every individual in the provincial par-
liament.

" The petitioners humbly beg leave further to state, that
his Majesty's claim to lods et ventes, on the various aliena-
tions that took place in this city, having been suffered to lay
dormant for upwards of twenty-five years after the conquest,
and having never yet been enforced ; the petitioners, as well
us their predecesso^s, were led to indulge a hope that it
would never be revived : and under these circumstances,
rnnny of the petitioners, as well as their predecessors, ac-
ijuired considerable proyierly by purchase, in his Majesty's
censive, at its full value, without adverting to the payment
of iods et ventes, or calculating upon thai claim in making
their purchases.

" That many of the petitioners are men in trade, whose
real property has undergone so many mutations since the
conquest, that if the lods et venies on each alienation, were
10 be rigorously exacted, it would be productive of ruin to
ihem, and involve their creditors in the loss.

" The petitioners, therefore, humbly pray, that all the
lods et venies due to his Majesty, in the city and suburbs of
Quebec, may be graciously remitted, and that the same
may be commuted in future into an annual ground rent,
proportionate, in some degree, to the situation and value of
tiieir respective lots at the time of the conquest, having
regard to their superficial extent."*

* This, it is to be observed, relates only to such parts of Quebec,
and its suburbs, as are within the domain of the crown. The semi-
nary, the fabri(]\ie, the nunneries, or religious communities of ladies,
are also, as well as the crown, respectively proprietors (in mortmain,)
of different portions of ground hold by them en fief in the city, and
which being sulxlivided into lots and built upon by the cevsUaire8,i'&y
a small annual ground-rent, as an acknowledgment to the institution
within whose censivc,or seigniorial precincts, the ground is situate, bc-
pides lods et ventea equal to a twelfth of the purchase money, upon
every sale of the ground, including the buildings and improvem^nt«
upon it, in addition to the purchase money. — These rights, appertain-

I '1

169

villagea, where the buildings, erected at the expense of the cj^^p
inhabitants, may be said to constitute the whole value; and VJ.
where a lot of ground, originally worth nothing, may be ^-*-/-^
improved to an immense amount j and that this is the case, 1796.
,n innumerable instances in the city of Quebec, is a fact
ueil known to every individual in the provincial par-
liament.

" The petitioners humbly beg leave further to state, that
',ir< Majesty's claim to lods ei venteSy on the various aliena-
tions that took place in thi^ city, having been suffered to lay
dormant for upwards of twenty-five years after the conquest,
iiid having never yet been enforced ; the petitioners, as well
;is their predecessol-s, were led to indulge a hope that it
woiild never be revived : and under these circumstances,
many of the petitioners, as well as their predecessors, ac
iiuired considerable property by purchase, in his Majesty's
censive, at its full value, without adverting to the payment
of lods et venieSf or calculating upon thai claim in making
iheir purchases.

'' The petitioners, therefore, humbly pray, that all the
Ivds et ventes due to his Majesty, in the city and suburbs of
Quebec, may be graciously remitted, and that the same
may be commuted in future into an annual ground rent,
proj)ortionate, in some degree, to the situation and value of
their respective lots at the time of the conquest, having
regard to their superficial extent."*

* This, it is to be observed, relates only to such parts of Quebec,
and its suburbs, as are within the domain of the crown. The semi-
nary, the fabrique, the nunneries, or religious communities of ladies,
are also, as well as the crown, respectively proprietors (in mortmain,)
of different portions of jnjround held by them en fief in the city, and
which being suMivided into lots and built upon by the cevsUahes, pay
a small annual ground-rent, as an acknowledgment to (he institution
within whose censivc,or seigniorial precincts, the ground is situate, be-
pides lods et venies equal to a twelfth of the purchase money, upon
fvery sale of the ground, including the buildings and improvement*
upon it, in addition to the purchase money. — These rights, appertain-

1 '

i i

'1'!

: : h

■' 1

i ' »l

I'll

:'i : i

■'Hi

■ .' ;■ 1

'- ^ '

170

h;'

li!

Chap. Twelve bills received the royal assent thi^
^^- session. — One, a bill repealing certain acts
Mue. granting duties to his Majesty, ( including tho^e
of the imperial act of the 1 4lh Geo. IIJ., ch. 8M. )
and granting new and addi'ional duties, in \itu
of the same, for defraying the expenses pf
the administration of justice and civil govern
?nent, was reserved for the royal pleasure.
Among those passed was an act for remi
lating the trade with the United States.—
Another for appointing commissioners to treat
with Upper Canada concerning the proper' ioi,
of duties and drawbacks to be allowed it bv
Lower Canada, and a third making furihei
improvements to the militia acts of last
session.

His excellency prorogued the session on iht
7th of May. '* It had afforded him great satis-
faction," — he said — " to observe, during th'
present session, a continuance of the same zea-
lous attention to their legislative duties, and «
the general interests of the province," whifb
he had occasion to notice in their former pro-
ceedings.

*^ Gentlemen of the house of assembly,—

;i.i

inff to them by law, cannot be extinii;uished without, an eqin'vaVn!
and their own i'vee consent, which, by a recent act of the lej;^ii^lat)lr^
these oamnniuities, holding in mortmain, are, in common wjtii the
seigneurs, now comi)etent to. The act has, hitherto, worked skmly,
the institutions aUutied to})eing, it uould seem, reluctant to -drcryt oi
compensation and commute. The consequence of this is, thiu iio
provemenls are retarded, and a compulsory process of commuTatioi
of tenure ioakyd forward to as the means of disencumbering; prcpi'n.
of tius vassalage, detrixnental to industry and trade, and wlu«h |(!
hably the legislature, in its wisdom^ will autbiorise^

171

I '

yut, an equivHvni

The measures adopted by you for consolidat-chnp.
in^^ and improving the provincial revenue of ^^
the crown, and for guarding it from all abuse, JTa^
evince that you justly consider his Majesty's
interests and those of his subjects as insepara-
ble, and cannot fail of producing the most
beneficial effects.

" Gentlemen of the legislative council, and
gendenien of the house of assembly, — In
expressing my approbation of your proceed-
ings, I must further observe that the unanimity,
loyalty, and disinterestedness manifested by
this first provincial parliament of Lower
Canada, have never been surpassed in any of
his Majesty's provincial dominions, and I feel
convinced that the prosperity and happiness of
of this country vy^ill continue to increase in
jiroportion as succeeding parliaments shall
follow your laudable example,"

The pith as well as brevity of lord Dorches-
ter's speeches will not have escaped the reader.
Thus ended the first provincial parliament of
Lower Canada, and as auspiciously as could be
desired. Agitators, and emissaries, as it was
believed, from France, had been sufficiently
busy in various quarters of the province, since
the french revolution, to draw the attention of the
executive government, and cause it to issue a pro-
clamation on the subject as previously noticed;
but the Canadians were in general well disposed,
and instructed by the clergy, and others resid-
ing among them perusing the public jour-
nals, of the recent atrocities in France, they

i ■

j^^

172

I I

iii

Wl!

Chap, justly held them in detestation and horror.
J^ Some discontent prevailed among the rural
1796, population, on account of the road act, whit h
had made essential innovations for the bettor.
upon the preceding road laws, but which liu;
inhabitants being accustomed to, were avers.'
to see altered, and in some quarters distui-
bances in consequence took place. They were,
however, but momentary, and only local. -
The advantages of the new laws soon be-
came apparent, and as the people grew
tamiliar with their operation, the opposi-
tion ceased. This spirit of resistance to the new
road act was interpreted by some into dislo\-
alty and disaffection in the people towards
the government, but it really was not of thai
character nor at all concerned their allegiance.
vSome examples, however, were made en con-
viction, both in Montreal and Quebec, for riut>
in opposing the act, and for seditious language,
by short imprisonments and small fines ; and
three or four bills of indictment for high trea-
son (constructive treasons, it is to be supposed,
in opposing the laws,) were even found, bui
do not appear to have been prosecuted to ver-
dict, being probably relinquished by the law
officers of the crown, who, at this time, must
have found their account in the numerous
criminal prosecutions in the courts, to which
the road act gave rise, and for which, as
in similar cases, thence until a very recent
date, those officials were prodigally paid from
the public treasury, as in fact some of the same

173

Iraternity, and in a spirit, of corruption it is to chap
he feared, still are.* J^

Lord Dorchester having again obtained his ,796
Majesty's leave of absence, embarked with his
family at Quebec, the 9th July, 1796, in the
Active frigate, for England, leaving general
R. Prescott, in charge of the government, who
notified his assumption of it, by proclamation,
of the twelfth of the same month. His lord-
ship, who had been known and venerated in
Canada as Sir Guy Carleton, by all classes,
received from the citizens of Quebec and
Montreal, on this his final departure from the
province, the warmest testimonials of respect
it was in their power to express, and no less
sincere, there is every reason to believe, than
ardent. .

" Having experienced for many years your lordship's
mild and auspicious administration of his Majesty's govern-
ment, and being conscious that, during that period, the
resources, prosperity and happiness of this province have
increased in a degree almost unequalled, we, the inhabitants
of the city of Quebec, respectfully request your lordship, to
accept our sincere and most grateful thanks and acknow-
ledgments,

'* The length of your residence in the province, the advan-
tages derived to our society from the example of private
virtues, shown by yourself and your family, — your lordship's

• The attorney general and solicitor general had seats then as now
in the assenriblvi and with such members of it as were also executive
rfiuncillors, represented the government. — Jonathan Sewell, esquire,
(afterwards chief justice,) filled the former office, to which he had, in
t ae month of May last, been promoted from the solicitor generalship ;
Louis Charles Foucher, esquire, (subsequently promoted to the
bench,) succeeding him as solicitor general, and at the same time as
mspe.tor general of the king's domain, these two offices being then in
tiie same hands, but since disjoined.

p 2 ■■.;■■.

'I 'i

liml Ml

'S rf

III 1 1

174

Chap. Uniform, prudent, anil paternal attention, under every chnn^c
VI of time and circumstance, to the true inleresta of his JVl: jcs-
^"^^"^ ty's subjects entrusted to your immediate care, — and ifiiii
17%. gratitude which we feel (and must be permitted to rcp'Mt.i
excite in our minds, the warmest sentiments of per>rr'
attachment, of vvhi<'-h allow us to tender you the stroii^c
assurances.

" Under these impressions, we view your lords' ip'
intended departure, with the deepest regret ; and subminir
to your determination to leave us with unfeigned reluctrMCi
we entreat you to accept our most sincere wishes for \<,\,r
favourable passage to Great Britain,-— for the future prospe
rity of yourself and of all your family.

*' We request your lordship, most humbly and reni o^;
fully to assure our sovereign, of our faithful loyalty ani
attachment to his sacred person, and to offer our gratiiiule,
for the various blessings which we continue to enjoy r.ii.jer
that most excellent constitution of governn^^ent, whicli wo
have received from his Majesty and his parliament, diirifitr
your lordship's administration.

" It is our fervent prayer, that your lordship may conti-
nue for many years, to receive new and additional prool'sd"
the royal approbation, to which, from your virtues and your
merit, you hitherto have been, and must ever remain, niosi
justly and eminently entitled."

That of Montreal was equally ferveni : —

" The inhabitants of Montreal, penetrated with gratitude
for the happiness enjoyed by them, under your lord^hij "^
administration of the government of this province, during
a great number of years, embrace the present opportunity d
your intended departure for Great Britain, to entreat yout;
receive their humble acknowledgments, and accept their
most sincere wishes for a favorable passage, for your health
and prosperity, and for that of all your family.

" The prudence and moderation which distinguished your
conduct in this province, assured internal peace and tran
quillity ; — and in reflecting infinite honor on your lordship.
have lully justified th confidence reposed in you by our
august sovereign, and secured to you the affections of the
inhabitants.

iii!

175

"■ We beseech your lordahip, to carry our mont ardent ^:\^^^^_
v«")W8 to the foot of the throne, for the happiness of our gra- IV.
<iau9 monarch, — to asaure him of our attachment to his^— v-w
sacred person, and to the happy government under which it 17%.
is our glory to live j and we fervently pray that his Ma-
jesty's approbation may continue to diatinguish and reward
your virtues and your merit."

His lordship returned to both addresses the
following answer : —

*' Gentlemen, — I am much obliged by this testimony of
vour regard for me and my family. It is unnecessary for mo
to assure you, that your welfare, and the general prosperity
and hapj)iness of the province, in which 1 have passed so
great a part of my life, will ever interest me in the most
sensible manner.

" I shall, with the utmost pleasure, embrace every occa-
sion of rej^resenting to his Majesty the loyalty of his subjects
in Lower Canada, and their attachment to his person and
government.

" Your veneration for a monarch who may justly ^i;
styled the father of his people, is a proof that you hold in
proper estimation the excellent constitution he has given to
this country, and which, 1 have no doubt, will rapidly
advance it to be of the first importance among the british
j)rovincea.''

The Active was wrecked on Anticosti, on
her way home, but without any loss of life, or
other serious inconvenience than the detention "
occasioned to the governor and his family by
the accident, who crossed over to Perc6,
near the bay of Gasp6, to await a conveyance
for England, which soon was provided for
them. His lordship arrived at Portsmouth, the
19th of Sep^ember^ in H. M. S. Dover, from
Halifax. Writs for the general election had
issued previous to his excellency's departure,
tested the third of June, and the elections

< 1

1 '(■

■■

'II

If*'!-

'. (

13'

I' !

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1 I

' k

1797.

; !(!« il'f!

liPNi

ill!! I

lllil

iilli

176

Chap, accordingly took place in the course of that
^^- and the ensuing month.

The communications by mail had improved
considerably since the period at which we
noticed them. An advertisement from the post
office, dated " Quebec, 18th January, 1797;'
informs the public that a *' weekbf conv.v
ance by post, has lately been establibJu!
between Montreal and Burlington, in the stale
of Vermont. A similar advertisement, of tin
following day, gives notice that *' a mail for ///
upper countries^ comprehending Niagara and
Detroit, will be closed at this office, on Men
day 30th instant, at 4 o'clock in the evening.
to be forwarded from Montreal by the aniuiai
winter express, on Thursday, 3d Februup
next." These may give an idea of the ini( t
course at that time, particularly during winter,
between the two Canadas. Unfrequent as were
still the communications between those pro-
vinces, and thence to Britain through the
neighbouring states, they had vastly increased,
and to a degree which several then may have
thought required no further extension,*^ /loi
w^ould they, if the country were to have remained
stationary ; — but every thing was in rapid pro-
gress of development — the resources of the
country were beginning to be understood ai
home, and the capital and energies of ih<

* We have by the arrival to-day ot the english mail v\& Boston, jhi
Cambria steamer, vihich left Liverpool the 5th instant, dates troni
Lahore to the 12th, from Delhi and Meerut to the 18th, Calcutta to
the 20th, Madras to the 24th, and Bombay to 31st August, and trom
China,(Canton and Hong Kong) to 25th July ! — Quebec, 22dOct. 18-17.

177

british race to act upon them, — and nothing chap.
thai coulil, in the way of trade, be turned to J^
account escaped attention, nor was allowed to 175^.
stand still. The intercourse wilh New York,
since the establishment of the lbrtni«;ht niail
between Montreal and Jhu'lirigton, had corres-
)»ontlini;ly improveil, — the Quebec (iazette of
Sdi March, stating- that ** by this day's Burling-
ton mail we have received New York papers
of the null ult — they contain europt.'an intelli-
g<Mice to the ir)di December, inclusive." The
mail between Quebec and Montreal at this
time was weekly, the journey up taking nearly
three days, and downwards the same time. The
steamers which now, (1847) during the summer
months, convey passengers and the mails, iti
one night from city to city, were not as yet
dreamt of^ nor ))erhaps contemplated as a
thing within the art and power of man ever to
;iv complish. • *. • t -

The new parliament met on the 24th January,
1797.* Mr. Panet being again chosen speaker

• 'Hk' abSf^nilily consisted of the following menibors, returned at
t'u late 4;t*noral election : —

(raspe, Edward O'lliuii; Cornwallis, Pascal Sirois and Alexander
M'liut^ Devon, N, Dorion aod ?. Bernier ; H«'rHord, L.;Duniere,filb,
iMid F. Tetn. Not.; Dorchester, Charles l^esjin and Alex. Dumas;
iuckin^riiainshire, John Traiyie and G. W. All^opp; Kichelieu, B.
( liLfrier and ('harles JVlilU t1.e ; Borough of William Henry. Jonathan
S'well; Bedford, IViathaniel Cohin ; Surry, P. Deroeheblave and
O. Durorher; Kent, A. Menard Lafontaine and J. Vig6; Hunting-
don, J. Perinaulf and Joj. Perraull ; York. H. Lacroix and Jos. He-
i ti,r. Montreal—East Ward, A. Auldjo and L. C. Foucher ; West
^,V\rird, Jospph Papineau and D. Viger; County of Montreal, J. M.
puchurme and E.Guy; ElHngharn, J. Jordan and C. B. Bouc ;
l.enister, Ji.seph Viger and Bonav. Panet; Warwick, J. Cuthhcrtand
LJ^ de Lanaudiere; Borough of Three Kivers, J. Lees and P. A. De
p.jauc; County of St. Maurice, T. Coffin and N. Montour; Haini>-

I I

1 (

i.ii'

iil;!

',M1

t.in

178

Chap, and the choice confirmed by the lieutriiant
V' governor, his excellency delivered his s[)t'ech,
^jgj in which he slightly descanted upon the rcc.m
treaty of amity, commerce and navigiuion,
between his IVIajesty and the United Slates,
as favorable to this province. He observed iliat,
" from the nourishing state (f our comriiorcc,
amidst the hazards and obstructions of war,
well founded hopes might be entertainoil of
the future prosperity of the colony, \vh< n the
blessings of peace shall be restored.

** Gentlemen of the legislative council, and
gentlemen of the house of assembly, — As we
may confidently trust to the care and vigilance
of our mother country and the superiotitv of
the british navy for our external protection, sn
it becomes our duty and interest to unard
against treacherous attempts to disturb vui
internal tranquillity.

*^ You are not unapprised that, in addiiiun
to the customary mode of warfare, the eiriisMi-
ries of France have been dispersed in overy
quarter, and by holding out delusive prospects
to the people, they have endeavoured to dis-
turb the quiet of all setded governments.

" Attempts of this nature having recently
been made in this province,* it is incumbent on

lihire, Jos^.ph Plants and Francis IJuot. Quebec — ITpiwr Town. J
A. Panel and Wm. Grant; Lower Town, J. Young and A. .1. Kaby:
County, John Black and Louis Pacjuet ; Nortluanberland. P HeJanl
and James Fisher; Orleans. Jerome Martineau. Of the fifty jianics.
if it is of any importance to distinguish them, thirty-six iltiioie a
french, and fourteen a british or irish origin.

• These, however, appear by the evidence on the trial of MtLanf
ppticed presently, and by all that has since transpired, loha\ebeo!!

179

rar

(0 direct' your attention to the saluiaryrhftr

VI.

alreaily piotluccd by the alien bili, and
it> duration i.s limited to a |)eriod which will Try;.
)n expire, to reeonuiu'nd to your consi-

(ItTJition the expediency of prolonging its

continuance **

S(K

The nd(hes.s j)erfeetly res[)onded to the
f^pcech : — ** With tht^ utmost confulence" —
said they — " we trust in the vigilance of our
niothor country and in Mie superiority of her
navy, lor our external defence ; and as it is our
jiiclinaiion as well as our duty, to co-operate
with your excellency, in whatever may be
necessaiy to frustrate the treacherous attempts
^oi' the emissaries of France, to disturb uur
[internal tranquillity, we will immediately pro-

C('<

d to the consideration of the alien bill,

>»

liich they accordingly took up without delay,
iiial gave to the executive powers as ample as
could be desired.

The assembly also strengthened the execu-
tive by a temporary act " for the better pre-
st rvation of his Majesty's government, as by
|1 vv happily established in this province,"
h niting its duration to the month of May,
I ^98, as it gave extraordiiu^ry powers to
t'le exec'itive, the abuse of which mi"ht be
[r ndered exceedingly oppressive, to any sub-
ject becoming obnoxious to it, or incurring its

lispleasure.*^

iuc'h overrated, probably by the ultra loyal of the day, who may
ive found 1 heir account in speculating on reports of this nature.
'This act. empowered the executive to apprehend and commit,
iiiiig pleasure, any person accused or suspected of treasonable prac-

179

inn to direct' your attention to the salutary chap
(;, : alreaily p/oiiueed l)y the alien bill, and ^^^
as il> duration is limited to a period whicli willTruT
sK)n expire, to reeonimend to your consi-
(jtiralion the expediency of prolonging its
continuance.''

The address perfectly responded to the
.v;.i'ech: — ** With tho utmost contidtnce" —
saiJ iliey — " we trust in the vigilance of our
mother country and in 'he superiority of her
navy, for our external defence ; and as it is our
^inclination as well as our duty, to co-operate
with your excellency, in whatever may be
necessary to frustrate the treacherous attempts
oi the emissaries of France, to tlistnrb our
iiitornal tranquillity, we will immediately pro-
ceed to the consideration of the alien bill," —
'>. liich they accordingly took up without delay,
iiiKJ gave to the executive powers as ample as
could be desired.

The assembly also strengthened the execu-
tive by a temporary act " for the better pre-
^' rvation of his iMajesty's government, as by
1 vv happily established in this province,"
I'niting its duration to the month of May,

?y8, as it gave extraordinary powers to
[the executive, the abuse of which mi«ht be
pMidered exceedingly oppressive, to any sub-
Ijct becoming obnoxious to it, or incurring its
[cispleasure.*

inch overrated, probably by ihe ultra loyal of the day, who may
ive found ilieir af count in speculatiiif^ on reports of this nature
' 'Phis act. enifjowered the executive to apprehend and commit,
iriiig pleasure, -dny person accused or suspected of treasonable pra«-

180

, I ;

IkPI

Chap.
VI.

17&7.

In the course of the proceedings in this ses-
sion, there was a proposition by Mr. Ciant,
'* to resolve that, for the instruction of youth
in the higher branches of knowledge, it is
necessary that an university, upon liberal prin-
ciples, be founded and established in thi.s pro-
vince, as soon as circumstances shall permit."
— This was lost by a majority of fifteen, on
moving *' the previous question/' and was thus
disposed of without an absolute negative on the
merits of the pix)position itse'f.

An address was sent to his excellency,

tices, without trial, \vithout bail, or mainprise, and without llir' riijLi
of being confronted with his accuser, or evenof knowing who h^waK,
or of bt;in«; entitled to a knowledge of the contents of the deposition or
matter sworn to, in virtue whereof the accused wa.s in custody, it, in
fact, suspended the habeas corpus writ with respect to tJiose tailing
under its operation i. e. the displeasure of (he executive, and finally
l)e<Mme so odious, in cotisefjuerice of the arbitrary imprijoiimcii's m
1810, tiiat the assembly refused to renew it, and although !he w.-ir
with the United States immediately followed, the want of it w;i[<nevfr
felt by the government, which there is every reason to belit no was
more cheertully supported in the struggle without, than it wonldhiue
been with so formidaltle an engine oi' despotism in its hanil<, ostho
act alluded to, *' for the better preservation of hisMrj4.''i'. 's govtrn-
nient, as by law happily established in this province," and which,
not to misrepresent it,is,jn part, here submitted to the reader's uis^prc-
tion : —

'* Whereas it is necessary to defend and secure his Majest}'-.^ mi
nnd loyal subjects, agaiist any traiterous attempt that may br iurmeil
for subvertijig the existi '{ laws and constitution of this province of
Lower Canada, and for miioducing the horrible system of aiiarcliy
and confusion, whicli has so falally prevailed in France ; (luicforf,
and for the belter preservation of his Majesty's government, and for
pecuring the pefce, the constitution, laws and liberties of the .-iiid pro-
viiice, — Be it enacted, ^:c,, and it is hereby enacted, that evfT'. ]-erf!on
or persons who are, or shall be in prison within the province oiLowpr
('anada, at or upon the day on which this act shall receive hi.s Majes-
ty's royal assent, or aft(}r, by warrant of his Majesty's c.Kicutivj
council of and for this province, signed by three of the said cxfriitive
council, for high treason, misprision of high treason, susj icion of
high treason, or treasonable practices, may be detained in sale < usloily
without bail or mainprise, and shall not be bailed without a uarfant
for that purpose, from his Majesty's executive council, si^jed It
three of the executive council,"

igs in this scs-
)y Mr. Cram.
;ion of youth
wledge, it is
n liberal j)riii-
id in this pro-
shal: permit.''
Df fifteen, on
and was thu
egative on the

s excellency

.nd without the ri,?Lt

nowingAvho hew;.'

s of the depositiorn,

;a.s in custody, it.ir.

ppct to tlio.se tallirii;

^ceoutive, and finally

ry impri.-oniniiils m

n althouijh the w;.;

want of it Wi!!<nev>r

ison to ljelii:\(i \Vii3

than it would ha\f

in its hands, ;ts(h

isMrjestj. 's iifoveri-

ince," and which

the reader's inspn

his Majestj^'ti ffOi
that may hv i'uimi
ol' this ]>ro\ipcroi

system of anarchy

France ; thcicfdi;
overnmcnt. aiid for
rtifs of the Mii(i pro-
d, thutev(:'r\ perwn
e province o; Lowrr

receive hh Mujf.s-
INTajtsty's cKrCuii":
)f the said cxpcutivf
reason, f>uspicion of
ained in sale ( uj-toily
i without a uarfaM

(.'oureil, signed i'

181

acquainting him that the assembly being con- chap.
vinced of the inconveniences and defects of the ^'•
places in which the courts of justice were n97
held in the cities of Quebec, Montreal and
county of Gaspe, had come to the resolution of
praying his excellency would be pleased to
give directions that a report be made him of
the pbces best adapted for erecting public
buildings or halls for the sittings of the courts
in those places, with plans and estimates of
the expenses of such buildings, that the samt
may be laid b.efore the house early in the next
sessiouj whereby it might be enabled to take
into consideration an object so essential to the
dignity of the administration of justice, and to
the lives and property of his Majesty's subjects.
The lieutenant governor, during the session,
received the appointment of governor general,
and on the 28th of April, it was by the assem-
bly resolved, nem con, that an address be pre-
sented to his excellency the governor general
expressive of the satisfaction of this house, in

laving an opportunity, before the end of the
session, of congratulating his excellency on his
advancement as governor general of the pro-

inces of Upper and Lower Canada, and to
express the gratitude they feel for the paternal
attention of our august sovereign, who, in
rewarding his excellency's distinguished merit,
confirms his loyal Canadian subjects in the
continuation of the hr.ppy constitution under
which they live, the preservation whereof

lepends upon their co-operating with the wise

182

'i i\- h\

l:^ ^!i:l

;..M!:

lUit

J!!

Chap, measures and prudent exertions, of which his
^^' excellency has already g-ven such effectual

\^^ proofs, towards maintaining the tranquillity of
the province, and an address to that effect was
accordingly presented him, the speaker and
whole house attending on the occasion.

But six bills are tp be found as the result of
this session, on the statute book, including the
two (the alien, and the preservation of govern-
ment bills,) previously noticed. They were,
however, all measures of importance ; — one
. continued the act reguiaiing the trade with the
neighbouring 'States — another ratified certain
provisional articles of agreement with Upper
Canada, relative to duties, entered into by com-
missioners named for that purpose, — a third.
made more effectual provision than heretofore
for the pilotage in the St. Lawrence, between
Quebec and the Island of Bic, — and finally, an
act continuing a temporary act relating to
returning officers at elections. Sanctioning
these, his excellency dismissed, on the 2d iMay.
the representatives in the following commenda-
tory terms: —

" The bills thai have now received the royal assent,"-
said his excellency, — " afford the strongest evidence oi
your attention to the safety a«d welfare of the province.—
AnTiong others, the act for the better preservation of his
Majesty's government connot fail to meet the panicular
approbation of our gracious sovereign : as it is a demonstra-
tion not only of your attachment to the constitution under
which you live, but also that you are sensible how neces-
sary it is, in a time of peculiar danger, to vest additional
powers in ^he hands of the executive government.

" It would give me the greatest pleasure could I acquaint

183

you that his Majesty's earnest eAdeavours to negociate a q^^^^
general peace had met with success ; but whenever the vi.
miseries of war shall terminate, whether they shr'l speedily s.^^^
cease, or be wantonly protracted by our enemii , still the 1797.
disinterested offer of our sovereign to procure restitution to
his allies by a sacrifice of his conquests, will not fail to be
recorded to future ages ; it will stand as a proof of the
generosity of his Majesty's councils and of the high station
held by Great Britain among the powers of Europe.

" I have the happiness to inform you, that the unpro-
voked aggression of the court of Spain, in declaring war
against our gracious sovereign, has been effectually checked
in the outset by a signal victory gained by his Majesty's
navy off cape St. Vincent, in which a british squadron
attacked the fleet of Spain, and captured several ships of the
line, although the enemy were nearly double in number.

" After having faithfully discharged your public duties,
with respect to such objects as required immediate attention,
it will doubtless afford you great satisfaction to be enabled
to assure your neighbours and constituents on your return
among them, that the naval power of our mother country
sdll retains its superiority, and that the british s(andard is
displayed in every quarter of the giobe, to protect the pro-
perty and encourage the industry of all the faithful subjects
of the british empire."

David McLane, an american citizen, repre-
senting himself on his trial, as a bankrupt trader,
formerly of Pt-ovidence, Rhode Island, being
apprehended in the month of May, at Quebec,
(;n a charge of high treason, was soon after
brought to trial and convicted. His project
was great— no less than the total extirpation of
the british power from the continent of America,
beginning with Quebec, which he intended to
take by surprise. This he purposed, accord-
ing to the evidence at his trial, to effect by
obtaining, in the first place, the confidence of
men of influence in Canada, and through them,

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184 ,

Chap, the co-operation of the Canadians. He was to put
^' himself at the head of a party of engages (Von,
17,97^ the neighbouring states, (who, as he informed
those to whom he had broached the subject,
w^ere already retained, and by small bodies, as
raftsmen, to rendezvous and be in readiness
near Quebec,) and to make, on a day fixed, h
sudden rush with his men, armed with wooden
pikes eight feet long headed with a spear of iron
upon the garrison, which he had no doubt oi
carrying. He spoke also of a previous distri-
bution of liquors mixed with laudanum amono
the troops, to keep them quiet while accom-
plisl 'ng his purpose, but when or how these
were to be administered does not appear. He
represented himself as a general in the frcncJ'
service, and acting under the immediate direc
tions of Mr. Adet, the french minister or charge
d'affaires in the United States. He had, il
seemSj visited Canada the previous year, oua
tojar of information, but to little or no purpose.
acquiring no partisans or friends of the least
consideration or influence in the country, or
that could, in the smallest degree, promote the
humblest of his projects. On his return the
present year, in coming in from the States by
the way of Si. John's, he hired a habitant of
that neighbourhood by the name of Charles
Frichette, whom he induced to accompany
him to Quebec, making him at the same time a
confidant, and opening to him his schemcs.-
Applying to a person at Quebec, not disposed
to participate in his schemes, he was given uj

185

by him to justice, tried, and on the 21st July,chap
executed as a traitor, with all the revoking ^^•
accompaniments, on the glacis outside the wall 1797
of Quebec, near St. John's gate. Frichette,
who was ^n illiterate man, and of no import-
ance, was also soon afterwards tried and con-
victed of misprision of treason, in having a
knowledge of the designs of McLane, and con-
cealing them. He was sentenced to imprison-
ment for life, but not long confined, being
pardoned and set at large shortly after trial.

This, from the conquest to that time, is the
only instance in Canada, of a trial and convic-
tion for high treason; and it, be it also observed,
not of a british subject. It is creditable to the
Canadian character that, with the single excep-
tion mentioned, none were concerned with
McLane, the very absurdity of whose whole
scheme denoted him a mono maniac, and
who, had not the government deemed an
example necessary, in the agitation of the times,
might with more propriety have been treated
as an unhappy lunatic than as a criminal. A
stranger, friendless and unknown, he was
altogether powerless, and now that time has
dispelled the mist of prejudice against him at
the moment, and that we can coolly survey the
whole matter from first to last, there seems
more of cruelty than of justice in the example
made of this unfortunate person, who suffered
rather for the instruction of the people, uneasy
under the road act, than for any guilt in a plan
perfectly impracticable and preposterous.

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Chap. The revenues for the last year, (17!i6)
J!^ according to the public accounts, were as
1797. follows : —

First. — Casual and territoriaf, Cry. £1249 12 I

2. — Duties and licenses, under 14-

Geo, IIL,- - - - 7524. 11. •:

3. — Duties on wine, under 33

Geo. III., - - - 1452 II 2

4.— Duties and licences, under 35

Geo. III., ... 8565 7 s

5.— Fines, - - . - i82 l.» s

■ ./,...'• -. r ■ ,.i £18975 2

The payments for the civil expenses of the
province for the same year, ending 5th Janu-
ary, 1797, amounted to •<£25,380, currency,
including £1040 to Upper Canada, for A3 ;uo-
portion of the duties levied under those Acts.
To this are to be added the expenses ©f the
Legislature, amounting to ^1845 — exceedino,
by £392 10s., the funds appropriated by die
above act (33. Geo. III.) to their discharge.
The commission to the collector and comp-
troller on the amount of duties collected in the
years 1795 and 1796, was £498, currencjs

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CHAPTER VII.

Meeting of parliameni— speech —address in answer — bills
passed— none of any importance— prorogation — no events
of any interest during the recess — parliament meets —
topics of the speech — address— message from the gover-
nor relating to the erection of court houses — bill for mak-
ing provision on the subject — prorogation of the legisla-
ture—state of the province— retrospective view of its
progress since the conquest — executive council — judges
and certain other public functionaries, and their salaries —
civil expenditure— finances — general Prescott succeeded
bv lieutenant governor Robert Shore Milnes, esquire.

The legislature opened on the 28th Feb-chap.
ruary. The governor, after descanting upon ^ "
the ineffectual attempts that recently had been 7^
made by his Majesty, to procure a peace with
the government of France, observed that —

" The accession of territory subdued by the british arms,
jind the superiority of the british navy, successively expe-
rienced by our enemies when they have sailed forth upon
the ocean, and recently confirmed by the splendid and
effectual victory gained by his Majesty's fleet under the
command of admiral Lord Dtmcan, might have justified
pretensions of a much more tenacious nature than those
contained in the proposals made v^'idi such unexampled
candour and liberality on behalf of his Majesty — but the
king's public declaration, solemnly renewed before the
whole world, of his readiness, amid the exultations of vic-
tory, to conclude a peace upon the same equitable terms
he had previously offered, leaves his enemies without a pre-
text. — It affords a most convincing proof of the stability of
his Majesty's councils, and of his paternal solicitude for the
welfare of the people, that the constancy of his measures i»

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188

Chap, not regulated by the success of the moment, and that he i.i
VII. willing to relinquish the triumph of victory, that his sub-
jects may enjoy the blessings of tranquillity,

*' I shall order the accounts of the provincial revenue of
the crown and of the expenditure of the last year lo be laid
before you. — 1 shall also cause to be communicated to you,
an act of the provincial legislature of Upper Canada, by
which it appears that some further arrangements may be
necessary for settling the duties and drawbacks on articlea
passing between the two provinces ; — in framing the neceg-
eary regulations, I doubt not but you will bear in mind, that
the interest of the slater provinces are so intimately blended,
that the most liberal intercourse will be most conducive lo
their mutual advantage.

" Gentlemen of the legislative council, and gentlemen of
ihe house of assembly, — The unremitting spirit of animosity
against the king, his subjects and government, that is openly
avowed by the present ruling powers in France, calls upon
you, in the most forcible manner, not to relax your vigilance
against their insidious attempts to disturb the tranquillity of
this province. The beneficial exercise of the powers vest-
ed, for a period now about to expire, in the executive
government, having already been experienced, it will natu-
rally lead you to consider whether it is not still necessary
that the remedy should continue to be prompt while \\\t
danger is imminent. — In the discussion of this subject, I
have the firmest reliance that your measures will evince
how much you value the benefits of a mild and orderly
government, and confidently trust that you will exemplify
its advantages, by persevering in that harmony which ha;-
hitherto influenced your deliberations.'*

The assembly answered by an address quit*
in spirit of the above : — " We shall not," — they
said — " lose sight of the advantages that musi
necessarily result from the continuance of the
good understanding v^rhich has hitherto been
cultivated between the two provinces oi
Canada, so intimately connected by iheir local

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189

ial revenue of

circumstances and situation. '* Our duty," — chap
they continued—'- to his Majesty's government, J^
AS well as to our constituency, whose prospe- n98.
rity and happiness depend on the firm and
decided support thereof, indispensably calls
for our united efforts to repel the insidious
attempts of the emissaries or agents employed
to disturb our tranquillity, by those who rule in
France ; and, for that purpose, we will cheer-
I'lilly join in such measures as are necessary to
enable the executive government to be prompt
in the remedy, while the danger is imminent.

"We cannot be otherwise than unanimous-
when the support of the mild and orderly
government under which we happily live is the
subject of our deliberations ; and we triTst we
shall ever continue to conciliate harmony
amongst ourselves, so necessary to promote the
general welfare of the province."

Nothing worthy of special notice took place
ihis session. But five bills were passed, three
of them continuing temporary acts about to
expire, and die act " for the better preserva-
tion of his Majesty's government." — One allow-
ing Upper Canada, pursuant to agreement, its
proportion of duties imposed and levied under
acts of this province, another repealing the act
appointing commissioners to treat with those of
Upper Canada, and to appoint others.

The legislature was prorogued on the 11th
May. The governor general, in addressing the
assembly, remarked that " the temper and libe-
rality they had shewn, in renewing the act to

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chto. appoint commissioners for the purpose of treai-

J^ ing with the commissioners of Upper Canada,

i7»8. were such as became a deliberative assembly,

and must tend to confirm that harmony anj

good understanding which subsisted between

the sister provinces.

" From the dutiful and loyal demeanor ma-
nifested by his Majesty's subjects of all des-
criptions in this province^ there will be little
occasion, I am persuaded, for resorting to the
extraordinary powers vested for a lime in the
executive government for its preservation ; nnd
should any alien emissaries persist in tluii
attempts to disturb our tranquillity, I trust llicy
will find that your vigilance and zeal for the
constitution are in no respect abated."

Nothing of any moment seems to have occur-
red in the interval between the prorogation and
the next meeting of parliament, which took
place on the 28th March, 1 799. His excellency
informed the legislature that — ** Although he
could not as yet congratulate the country on
the return of peace between his Majesty and
the persons exercising the powers of the govern-
ment in France, he felt a sincere satisfaction
in congratulating them on the security and pro-
tection with which these remote parts of the
king's dominions were blessed amidst the storms
that agitated other countries, and on the recent
glorious victories obtained by his Majesty's
naval forces over the fleets of our enemies, by
which (although their secret endeavours to so^v
dissentions among his Majesty's subjects might

191

not be abated,"! their power to disturb ourcbar
repose by open hostility was greatly abridged." ^'^^•

That while he congratulated them on thej^
I'riendly disposition and intercourse which sub-
sisted between the province and our neigh-
bours the United States of America, in conse-
(juence of the treaty of amity, commerce, and
navigation recently entered into between his
Majesty and that country, and on the important
siuccesses with which the Almighty had bless-
ed his Majesty's arms, whereby the hostile
power of our inveterate foe was greatly reduc-
ed ; it, nevertheless, was incumbent upon them
to bear in mind the character of the country
with whom, for the safety of his people, our
gracious sovereign was contending, and the
secret machinations carried on in every coun-
try to which our foes had access, for the pur-
pose of misleading the credulous from their
duty, and subverting the governments by which
they were protected. These considerations
rendered it, he said, necessary thol care and
vigilance for the security of the internal tran-
(juillity should not be relaxed.

The provisions heretofore made for this pur-
pose, by " the act for the better preservation
. !^ his Majesty's government, as by law happily
e.-tablished in this province," being temporary
iiod about to expire, he recommended to their
^consideration the expedience of a further pro-
longation thereof, assuring them that the utmost •
icare should be taken on his part, to prevent the
[powers vested in the executive government,

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192

ihup. from boing applied to any other purpose, or in
^'^* any other de^vca than should be necessary foi
^'I^thc preservation of good order, and the protec-
tion and security of his Majesty's faithful peo-
ple over whom he had the honor to preside.

The assembly, thanking his excellency for
his speech, heartily, they said, joined his rxcel-
lency in congratulation upon the glorious and
important victories recently obtained by his
Majesty's naval forces. The salutary eirLcti;
which they had experienced from the act men-
tioned, together with the wise and pii.
manner in which it had been executed under
his excellency's benevolent administration,
removed every doubt that could be suggested
against the necessity and propriety of continu-
ing so beneficial a law. His excellency, ihev
added, might rely upon the continuation of
harmony in tbe discharge of their duty in ever}'
object tending to the support of the excellent
and happy government under which they lived.
The bill was accordingly continued for a year
longer. ' • " '*"■ ' ' '' ' ^ ^^

The session, as usual, went off smoothi),
being prorogued on the 3d June. It is scarcely
necessary to enter upon details of the measures
before the legislature, being of little, if any
interest ;— the following matter may, neverthe-
less, deserve a passing notice. It is to be ob-
served that hitherto there were no suitable
buildings in Quebec or Montreal, erected or
set apart for the sittings of the courts of justice,
nor were the funds as yet sufficiently lani;e to

193

justify the legislature in authorizing the erec- chy.
fion of edifices proper for the purpose. Thif, ^"•
(ho british government liberally undertook toTrig^
encourage, by a spontaneous offer to advance
the necessary means, by way of loan. The
<;overnor, by message, consequently stated that
he had " the pleasure to inform the house of
isscmbly, that his Majesty had been graciously
pleased to view, with great satisfaction, the zea-
lous and liberal attention paid by the legisla-
ture of his province of Lower Canada, to the
provincial revenue since the commencement of
the present happy constitution. And that his
Majesty has also been graciously pleased, in
his paternal regard for the welfare and happi-
ness of his faithful subjects in this province, to
ij^ive his royal attention to the representations
tliat have been made relative to the erection of
proper buildings for holding the courts of
justice in the districts of Quebec and Mont-
real, and to authorize the governor to advance,
on the part of his Majesty, the sums that shall
he requisite for that purpose ; to be replaced at
such time and in such manner as in the wisdonri -
A' the provincial parliament may be found
f'xpedient."

The assembly, by an address to his excel-
lency, returned him its sincere thanks, assur-
ing him " that his Majesty's loyal subjects, the
representatives of the people of Lower Canada,
feel with the most lively pleasure the satisfac-
tion his Majesty has been graciously pleased
to signify of their endeavours to improve the

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194

Chap, provincial revenue, and that the additional
2^ proof of his Majesty's paternal regard for the
1799. welfare and happiness of his subjects in this
province, in authorizing his excellency to ad-
vance, on the part of his Majesty, such sums
of money as may be requisite for erecting pro-
per buildings for holding the courts of justice,
in the districts of Quebec and Montreal, will
call forth the gratitude of this house to rej}lace
these sums in such manner as may be most
expedient."

A bill was accordingly passed " for erecuns^
court-houses, with proper offices, in the several
districts of Quebec and Montreal, and for d« -
fraying the expenses thereof." These were
provided for by the imposition of certain taxos
on legal writs and other law proceedini^^s.
which proving productive, the amount advanc-
ed from the military chest, by the home govern-
ment was, in a few years, reimbursed. ^ As a
further proof of the increase of business and
, rapid improvement of the province, it may be
observed, that in less than twenty years after
the erection of those buildings, deemed at the
time spacious palaces, though now eclipsed by
others of more recent structure, they were
found inadequate to their intended purposes,
from the want of roomy and sufficient apart-
ments for the public accommodation.

His excellency dismissed the lei>;islapire
with the warmest terms of commendation for
the zeal and unanimity with which they had
attended to the several objects commended to

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195

business and

1799.

their consideration, and the general harmony chap.
with which the business of the session had been ^'^^
conducted.

•' Gentlemen of the house oi' assembly, — I have observ-
ed,"— he adJecJ, — ^' with peculiar pleasure, the cJieerfui-
[iL-s-i and Gonliality with which you proceeded in reestab-
lishing the bill '* for repealing certain acts grantmg rates and
♦• duties to his Majesty, and for granting new and additional
•■ duties in lieu thereof, foi* appropriating the same towart's
'• detruving the expenses of the administration of justice
'' and bup[)ort of the civil government within this province,
•• and for other purposes therein mentioned ;" commonly
called " the consolidation act ;" — and I must request your
acceptance of my best thanks for your attention to the seve-
r;d other objects that relate to the revenue and necessary
disbursements of the province ; nor must I omit taking par*
iicular notice .of the ze;d you have shewn in making so early
a provision for replacing the sums which his Majesty, in liis
paternal regard for the welfare and happiness of his faithful
subjects in this province, has been graciously pleased to au-
thorise me to advance for defraying the expenses to be
uicurred in erecting tiie intended new court houses in the
districts of Quebec and Montreal.

" Gentlemen -..fthe legislative council, and gentlemen of
rlie house of assembly,— The relief given to the poorer
insses ol his Majesty's subjects in the cities of Quebec and
Montreal, by the amendments made to that part of the road
act which relates to those cities and suburbs, v^ill, it is
lH)ped, evince to the people at large, the readiness of the
legislature to pay due regard to their circumstances and con-
veniences, when represented with decency and with a desire
<.r yielding proper obedience to the laws.

" The general tranquillity which at present happily pre-
vails throughout the province, affords good reason to hope,
hat there vv'ill be little occasioo for having practical recourse
,(. those extraordinary powers that have been thought pro-
ber to be vested temporarily in the executive government ;
uulif, frcfm the secret machinations of the enemy, any
fistances should happen in which it may become necee*-
ary to resort to those extraordinary powers, 1 doubt not but

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196

Chap. ^'^^^ vigilance of Ihe magistrates, actuated by your influence

VIi. and example, and supported by the zeal of his Majesty's

^-"-v-w faithful subjects in this province, will convince the oflerulers

1799. of their temerity and give an eflectual check io their

designs.*'

This WHvS the last time that his excellency
generpl Prescott met the provincial parlianienl,
and which, as seen^ he now parted with on the
best of terms. So far the constitution had
worked to admiration, and promised success.—
The government and parliament were in per-
fect harmony, — commerce began to thrive, and
the vast resources of trade to unfold them-
selves — the province evidently was prosper-
ing — and all classes of the people contented
and happy, friendly and well-disposed in
all respects towards each other — there were
no religious feuds or disputes of any kind
— national-origin prejudices were scarcely
felt or known — never publicly appealed to,
and by an universal lacit consent avoided
and discountenanced — the habitual politeness,
the loyalty, the chivalrous feeling characteristic
of the gentlemen of the old french school.
were still in the ascendant, and harmonized
admirably, with the gentlemanly bearini^,
upright character, and general infornia-
tion which, in all countries, distinguish llie
british merchant, and for which* those in
Canada of that, not less than of this day.
were eminent. — The earth yielded, in abund-
ance, fruits food fur man and beast, and
with_ but little labor,— taxes, none, except
upon litigation, as just obseived, and upon

197

luxuries, which were not felt by the cul-chap.
tivator,— and truly niay it be said, that the last ^'^^
sun of the eighteenth century, that set upon ^^
Canada, left its people the happiest upon this
earth of all the sons of men it that day had
shone upon.

We may here, also, at the close of the cen-
tury, take a retrospect, for a moment, of the
important changes which Canada and the neigh-
bouring british colonies in North America,
during that period, had undergciie. The old
english provinces, arrived at maturity, had
passed from the colonial state, to independence,
and taken, the first on this continent, rank
among the nations of the world ; the adjoining
old french possessions having, as a prelude to
the drama, previously become british provinces,
in itself an improvement to their former con-
dition, without taking i j account the various
prospective advantages awaiting them in that
quality. A favored colony of France, from the
outset, ruled by an arbitrary but paternal
government, and colonized by a brave and
warlike people hostile to, and dreaded by
their british neighbours, who had often smarted
under their incursions ; sometimes, indeed, sul-
lied by acts of cruelty — we find it, somewhat this
side of the middle term, passing by conquest,
after hard fought battles, from the dominion of
its old to that of its new sovereign, in an
orderly spirit, and with an attachment to its
institutions, its ancient laws, its usages, and
its customs, unexcelled in the history of any

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Chop. peo[)le ; and before the end of it, enjoying a
^'^^ coiiSlilulional government such as no british

7^9^ colony before it ever possessed ; and thougb
of foreign origin and a conquered people,
favored by the king and parliament of the
United Kingdom, beyond all others of their
own lineage. It had not only thus become the
favored of England, but the peculiarly so of pro-
vidence, as of England. — Severed from France,
it happily escaped the horrors of the frenrh
revolution, and its consequences, which Canada
knew only by report ; — for, while that coun-
try was subverting its ancient monarchy—
. trampling in the dust its crown, and disembow-
elling itself — the Canadians, its offspring, were
prospering under the brilish government, quiet
within and at peace w^ith all the world, with-
out contributing to the expenses incidental and
• necessary to the immunities and protection
they were enjoying. But while England was
thus extending her american territories to the
north, and not yet well assured of them, she
also was preparing the causes for an unhappv
quarrel with her ancient north american colo-
nies, and a costly and inglorious war, resulting
in their independence, and vastly overba-
lancing the advantages and glory of her
recent acquisition. The conquest of Canada
added some rays to the lustre of the brinsh
arms, but the loss to England of her thirteen
splendid colonies, and the creation of a rival
though kindred empire, if that acquisition, as
some pretend it did, at all contributed towards

199

'I!

the separation, quite overshadows the splen- ^^^^p

dour of the achievement ;— yet, there is some '^

satisfaction in the reflection that, of the con- i7i*9.
tment we inhabit, between the Atlantic and
[ho Pacific, from the Labrador and Straits of
Belleisle, to Puget's Sound and Vancouver,
(.'nou<^h remams to Britain and her adventurous
sons, for the formation of a still more powerful
empire than that which has already passed
from her hands. ... : ' :>^ ■ -^ ^

Descending to humbler matters, and more
within our scope, it may not be amiss, before
closing the chapter and taking leave of the
ejo-hteenth century, tD pass also in review, tl -
-' drarnalis personce,'' of our provincial political
•and judicial theatre, and see who were the men
of that epoch, that wielded the — " little brief
au'ihority" of their day, and their value. It may
prove instructive to the general reader, as well
as to those who now have their hour, and
exercise the powers that be, and who, looking
back at then' predecessors on the stage
of fifty years ago, may see them, as, probably,
they will, some fifty years hence, be them-
selves seen, and perhaps compared with them,
by their successors on the same boards they
now tread, if, by any chance, some idle
chronicler like the present, shall think it
worth his while, to rake their deeds and recal
their names, from the oblivion, to which, in
all probability they shall, before that, have
been consigned.

The salary of the governor in chief was then

II J

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200

Chap, but £2,000 ; increased, this yt^ar,* ip favor of

^" Sir Robert Shore Milnes, the lieutenant govf>r^

7^ nor, to £2,500, — *' being £1,000 per annum,

in addition to the pre^sent salary of £1,500 T)ei

annum, during such time as he shall exercise

the administration of ihe government of Lower

The

») '^i^

Canada, in the absence of the governor.'
executive council consisted of

Chief Justice William Osgoode,*

The Right Revd. Jacob Mountain,
Lord Bishop of Quebec,
. P. R, de St. Ours,*

Hugh Finlay,*
; Fraqgois Baby,*

Thomas Dunn,*
. Joseph de Longueuil,*

Pierre Panel,*
V Adam Lymburner,

James McGill,*

Chief Justice James Monk,*

P A. De Bonne,

John Lees,

A. J. Duchesnay,

John Young,

Herman Witsius Ryland, clerk.
Each of these* gentlemen received £100,
sterling, a year, as executive councillor, and
the clerk, Mr. Ryland, ^'400, besides ^200 as
secretary to the governor, and fees to a consi-
derable amount annually. ^ ,

The Court of king's bench at Quebec, con-
sisted of the chief justice of the province,

• Pursuant to a despatch from the minister.

201

W'lliam Osgoode, Thomas Dunn, Jenkin Wil-i ^.
Hams and P. A. de Bonne ; that of Montreal, ^^J^
of chief justice James Monk, James Walker, 1799.
P. L. Panel, and Isaac Ogden. — There was
besides a judge at Three Rivers, P. A. Des-
chenaux, styled provincial judf^e, and judge of
king's bench for that district — a provincial
judge, Felix O'Hara, for Gaspe, and a judge,
.lames Kerr, for the court of vice admiralty.
The salaries were as follows : — to the chief
justice of the province, £1200, sterling ; chief
justice at Montreal £900 — each of the other
judges £500 — the judge at Three Rivers i)300
— ^judge at Gaspe 200, and the judge of vice
admiralty £200. — There was a secretary and
registrar of the province, Sir George Pownall,
at £400 — an attorney general, Jonathan Sewell,
at £300, besrdes fees — a solicitor general, Louis
Charles Foucher, £200 and fees — a receiver
general, Henry Caldwell, at £400 — an inspec-
tor general of public provincial accounts,
Thomas Aston Coffm, at £365 — a surveyor
general of lands, Samuel Holland, at £300 —
a surveyor general of woods, John Coffin, at
£200, (a sinecure) — a french translator, X.
de Lanaudiere, £200 — a grand voyer of the
province, Charles de Lanaudiere, at £500 —
(a sinecure.) .- ■ ' ^ > -

Of all these, nothing now remains above
ground but the names ! and even most of
these, but for the public accounts in which
their memories are embalmed, had probably ere
this have been forgotten, though several of them

r-i

. ♦

202

■ ii

cjb> . were certainly men of talents and excelleij in

^*^ their stations.

1799^ The civil expenditure of tht; province for the
year 1799, amounted to £'24,5D7, sterling,
besides the expenses of the legislature, amount-
ing tf:>£ 1-499 4s. '5d., currency. The revenue
to i)25,427 3s. 3|d., currency, from ihe fol-
lowing sources :—

Casual ami territorial revenuf , - , -

Duties under slatnte ol'H Geo. HI.. XU^Sd I'A 3i

Liceime*) under dt),

do.

1108

Duties under provincial act of 33
Oo. III.. ... -

Duties mider provincial act of 35
(ieo. III., ....

Licences under

do.

dt.

llH4n If) 8
1218

I*ilotag(.' Duties under ditto,
37 Geo. HI.. . . . '.

Duties under .statute of 25 Geo, II. .
and 4 and 6 Geo. III.,*

Fincfv andforfci|urei, -'

Duties under provincial act of 39
Geo. III., - - - - -

1* 43r) 2 S

9694 13 3;

1425 1!^ 6

12867 U) 8

354 16 6

If)

7 81
I b

487 6 3

Currencv. i.'25427 3

; The reader will observe that some of those
sums are in sterling, others in currency, but
being so stated in the public accounts, they arfj
taken as found in them. •

General Robert Prescott was relieved of the
government by Robert Shore JVIilnes, esquire,
as lieutenant governor, (shortly afterwards
created a baronet,) on the 31st July, 17^9.
He had experienced some misunderstandings
with his executive council, relative to the dis-
posal of the crown lands, in which it has been

• These are inn>eriai actd.

(V -^^

203

<yencra!iy believed that those gentlemen were ch^p
not ahogether personally disinterested, and ^"
whxh it is said occasioned his recall. He was^^!^
universallv deemed an upright and honorable
man, much respected by all classes and popu-
lar as a gov.ernor. . .

Mr. Prescott left the province with the
universal esteem and regret of the inhabitants,'
receiving From all quarters, previous to his
embarcation, the most gratifying proofs of their
hiirh estimation of his conduct in the adminis-
tration of affairs.

vr,jL'25427 3 21

;-V'- '

■■■ ■> •(

■■ ; '-■ ^

.•;'iV. i

i t*»?'. ''.A' '■'

>i .--■ ■

i r,it'-.f

« ;; !l

i'!

■ ! - :

204

CHAPTER Vm.

Parliament calleil— speech and a Jdreas— voluntary contri-
butions in {xupjwrt \)( the war — culture of hemp am^].
dered — Jesuits' estutesj — communication concerning liicm
to tiic assembly — address to the governor relatii)g i,i
them — answer — pro|)osal for ulterior proceeding!>i, l,iu
postponed— C. I^. Bouc, e-qr., exjjeiled the asscm!; y.-
aflegeil causes of the expulsion— prorogation — revcnur
and expenditure of 1800 — general election — new parlia-
ment meets— Mr. Panel rechosen speaker — proce<:«!!r)(r>
in parliament— liberal acts of the government — prnroija
tion— lieutenant governor made baronet of the Umfa!
Kingdom — finances and expenditure of 1801.

rhnp. Mr. Milnes, the lieutenant governor, did

noi

VIII.

im).

iiil!l

1. i I

meet his parliament until the 5th Miirch.
There was nothing, in his speech, of particuiai
interest. He observed, that those who ruled
in France, notwithstanding the repeated checks
which they had received, in every part of the
british dominions they had assailed, their spirit
of hostility had not abated, nor had their
destructive principles, still more to be ap})re-
bended by all civilized governments, been dis-
avowed. That it became, therefore, those
vested with executive authority, to exert thnir
attention wherever there was a possibility iliat
the emissaries of discord might establish an
intercourse ; and that under these impressions.
he would propose to their consideration the
expediency of continuing those temporary laws,

205

which, seconded bv the zeal and attachment ofcjiun
liis Majesty's taithful subjects in this province, ^J^
had been found to produce such salutary 7!!^('II^

effects.

" It was with no small pleasure'' — he said
— " he had observed that demonstration of
ie£;ard and zeal for his Majesty's governmenu
and the interests of civilised society, which
was lately manifested by the voluntary and libe-
ral contributions within this province,* which
could not but be favorably accepted, and the
motives which produced such a tribute of loy-
alty duly appreciated by our most gracious
sovereign." He congratulated them also, on
the very friendly intercourse happily subsist-
ing between his Majesty's subjects and the
citizens of the neighbouring United States,
observing, that the communications he had
received, contained the strongest expressions
of desire that such good understanding might
long endure.

The assembly, as usual, loyally answered
ihe speech from the throne:—" The spirit of

♦ In this province, as in New Bnmswick and Nova Scotia, sponta-
neous contributions hdd been liberally made during 1799, by indivi-
■ inals in aid of the home government, .for carrying on the war. —
Among the foremost in this patriotic move, we tind the lord bishop
(Mountain) of Quebec, £300— chief justice Osgoode, £300-— Sir Geo.
Pownall,£116l3s. 4d.— Henry Caldwell, £600—0. Herriot, esqr.,
post-master, £50 — Quebec Seminary, £50— J. A. Panet, £30 — W.
(rrant, £22 — Thomas Dunn, £66 — Le coadjuteur de Quebec, (Plessis),
£25 — Robert Lester, £30 per annum during the war — Munro and Bell
.1100— Jenkin Williams, £55— Fran9oi8 Baby, £40— G. Eiz. Ta*;-
chereau, £10— Louis Duniere, £23 6s. 8d. — X. de L&naudiere, £23
iis. 8d. — Lymburner and Crawford, £50— Rev. Pere Cazeau. £25-—
Jonathan Sewell, 25— A. McNider, £25— Felix O'Hara, esqr., £27
15s. 6d. — The 1st battalion royal Canadian volunteers, commaiided
by heut.-col. Longueuil, £500, sterling, &c. &c.

206

: 1 1

h MS

1 M

Chat., hostility and the destructive principles of tho
^^^^^^ coiunion enemy of all civilized governmtMits
iHix). still continuin«^, witliout disavowal, the sjhih
measures oC precaution which have hithtin
been found so elfectually salutary, appear to us
equally necessary. We shall, therefore, fortli-
wilh take into consideration the renewal ot
those temporary laws which have contribuiru
to frustrate the machinations of the emissaries
of discord.'' ***** << '{'\^q general medi-
ocrity of the fortunes" — they continued — ** oi
his Majesty's subjects in this province bom.
well known, we flatter ourselves our voluntary
contributions, though small, will be favorahfv
received."

The house, having proceeded to business,
went, soon after the opening, into committee, to
take into consideration the advantages tli.if
might arise to the province and the british in:;-
pire, from the culture of hemp within it, and
adopted the resolution — " that it would bt
advantageous ''..r this province and the british
empire, to renew, extend and encourage the
culture of hemp in this province " This, how
ever, was not followed up by any enactrntnl
' on the subject this session.
' The consideration concerning the Jesuits'
estates was resumed, and on a motion by Mr.
Plante, " that the house do resolve itself into i
committee to consider of the most proper
measures of obtaining information concerning
the rights and pretensions which this province
may have upon the college of Quebec, (the

207

Jesuits' college) and the estates thereunto an- chap
nexed,'' Mr. Young, one of the executive ^^
council, rose in his place and said that he was i^^o
authorised hy his excellency the lieutenant
«»-overnor to inform the house, thai his excel-
lency by and with the advice of his Majesty's
executive council, had given orders to take
possession of the estates of the order of the
Jesuits in the name of, and as the property, of
his Majesty.* The house, nevertheless, went
into committee, and reported as follows : —

" That it is the opinion of this committee, thai an humble
adilroHH be presented to hi8 excellency the lieutenant gover-
nor of this province, aelting forth, that the house is anxious
to investigate the pretensions or claims which this pj*ovince
may li;ive on the college of Quebec, on the estates there-
unto annexed, andthe nature of ihe same : That as there are
a great nutnber of clocumenls ami official reports relative to
U\e said rights and pretensions blended wilh other papers,
that concern the estates heretofore possessed and claimed
by the relitrious order known hy the name of Jesuits in this
province, fyled in the late legislative council ofH.ce of the pro-
vince of Quebec; particularly a report made on or about
tiie 30th June, 1789, to his excellency lord Dorchester, the
governor general, in conformity to a commission issued the
29th December, 1787, for the purpose of examining and
enquiring into the nature of the estates of the said religious

* This occurred on the 12th of March, I8OO--011 the 16th of the
same, Father Casol (som«limes written Cflzcau) died. Thefollow-
iuis, obituary notice of this deseivinj^ old Jesuit, appears in the
Quebec Gazette of 20th March, 1800:—" On Sunday last, the 15th
instant, died the reverend father Jean-Joseph Casot', priest, of the
rouipany of Jesus, prooureur of the missions and colleges of tiie Jesuits
in Canada, the last of the Jesuits of this province. The immense
cliarities wluch he bestowed assurO him for a long time, the blessing
of the poor. He was one of those men whose life is a hidden treasure,
and his death is a public calamity,"

rh(> worthy fatlu;r is still spoken of with esteem by those who
knew liirn personally, though few of them survive.

208

(^l,ap. order, and all papers that might have been at any time fyic.I
Vllf. relativo to the same ; the house desires to have communira-
^-«K.-vtion, if necessary, of all or part of the said titles, document.-;,
1800. rej>ort3 and papers, inasmuch as by an order of his excel-
lency lord Dorchester, the governor, in council of the tifili
August, 1790, the clerk of the oaid council was then direct-
ed to allow access to the said papers and grant copies or
extracts thereof to all persons conceiving themselves inte-
rested therein : — That his excellency may therefore hv
pleased to order, that the officers now having charge of the
said titles, documents and reports of the said commission
and other papers above mentioned, do forthwith communi
cate and officially deliver, or allow copies to be taken, or, if
thereunto required, extracts only, of all the said titles, reports
of the commission, and papers, to or by such committecji a.-*
may be authorised by the house to that effijct."

This resolution being concurred in by the
house, (by a vote'of 16 to 8,) — an addrcj^s
accordingly was sent up to the lieutenant
governor, who answered the messengers: —

" Gentlemen, — I think it necessary to inform you on the
subject matter of the present address, that the whole pro-
ceedings of the commission issued on the 29th December,
1787, including every claim and pretension respecting the
estates of the late order of Jesuits in this province, togetki
with the humble address of the house of assemhly, voted rm
;the 11th of April, 1793, have been respectively submiiied
to the king: — That his Majesty having been graciously
pleased to refer the whole proceedings to his privy coum il,
the result of their consultations, with his Majesty's order
thereon, was transmitted to this government in the montli
of April last ; and, in consequence of such order, commis-
, sions have issued to take the whole of the property inio the
handsof the crown.

*' After reflecting on these circumstances, should the

• house of assembly continue to deem it advisable to persist

in their proposed investigation, I shall comply with their

request, to allow them access to those papers which linve

already been made public, and shall in thai case give order^)

209

that all persons duly authorised by the house of assembly, (^hap.
be at liberty to take copies of all titles, documents, reports, Vlll.
papers, and all proctodir.gs under the commission mentioned, v-*-.-^^
which were returned into the council ofiice, on or before the 1>^0-
25th of August, 1790.

" But, after the information I have now given, the house
of assembly will certainly deem it incumbent on them to
consider whether it is consistent with that, respect which
riiey have hitherto uniformly manifested towards their sove-
reign, to reiterate any application on the subject."

It was nevertheless resolved, a few days
after this, that the house w^ould go into com-
mittee, to take into consideration his excel-
lency's answer, which it accordingly did, but
came to the resolution '* that the house ought
to postpone, to a future time, the inquiry into
the rights and pretensions alluded to." *

* This resoliilion was adopted by way of amendment to a motion
proposed by Mr, Grant, for an addi'ess to his Majesty with reference
io those estates, in the following terms; and which is introduced here
as containing historic matter worth recording : —

" That a special committee of five members be named by the house
to prepare an hmnble, loyal and respectfid address to his Majesty,
humbly supplicaliniJi; his Majesty, to take into his royal and paternal
consiileration, the deplorable stale of the e(hication of youth in this
province smco the conquest thereof by his Majesty's arms, in the
yt-ars 1750 and 1760.

" That at and before that evantful perio<i, the society of Jesuits
established in Canada, had zealously devoted themselves and their
tortun(?s, to the propagation of the christian religion, and the educa-
tion of Canadian and indian youth — and had been peculiarly succesuful
m their endeavors ; forming men, who by theu talents and' enterprise,
liave done honor to their country, as well in arts as in arms.
, •• That though his ^Majesty's general the late gallant and sage lord
Anaherst, by the capitulation which he was pleased to grant to the
Canadians at Montreal, on the 8th of September, 17G0, assured to the
Jesuits as toothers, their estates and properties, yet the downlull of
that order in Europe, immediately following the conquest, the reve-
rend fathers in C'anada, were thrown mto such consternation an<i
incertitude, that they reUufiuished the duties or rules of their institu-
tion as to the education of youth; and their houses of mission and
college of Quebec, soon became converted, perhaps necessarily, int/)
ijtore-houses, gaols, courts of justice and barracks. And the revenues

s 2 .

;!■.

210

■; '

•: i

tlr

>' 'i

i 'liini,
VIJJ.

I SOU.

Chillies Baptisle Roue, esquire, a menibcr
, representing the county ofEllinghani, was this
session expelled tlie assembly, it appearing i..
the liouse by the record of a conviction vvhi^ji,
upon motion of the attorney general, had be("ii
laid before it, that he had been convicted upon
ail indictment found against him the year ix-
fore, at the criminal assises at Montreal, oj" u
conspiracy, with sundry other persons, unjiistlv
and fraudulently to obtain of one Eticiim
Di-ouin, divers large sums of money. It appeared
tliat Bouc having purchased a quantity ol wi. .a;

'if iheir other estates and |iossessioiis (liveried from llie huinani' nni
pious ]nirpost'.s ol' ijie donors, the kiii^saiid sulijects of Fiance; Jiav
been, since tlie eonquest, "absorbed by the reverend fathers in C.uia.i)
for I heir persona! sin)port ; or have been by tliem distiibuied in alfi;

I at)d oilier Ixnievolent elia lilies.

f >* That by the late demise of the reverend father Casot, the lastiii
the order in this pjovinee, the estates and possessions of the socictvi.:
Jesuits are now induliitably vested in his Majesty, and a1 liis nV,:,,
disjiosition and Mill.

" That tlieivfore, his dutiful and faithful Canadian subjerls, nw]
hunil)ly beseech his Maj'-slv to ajijiropriale the said estates', if no;
already disposed ol', to the purpose of edueation in this his {jroviiiopoi
Lower Canada, in such manner as to his Majesty in his royal wi.sdori!
may seem nieel ; or if already disposed of l)}- his Majesty, ihat hfiiiav
be graciously ])leased to <!:rau1 and a.ssij;n some oth(/r estate, or porfioji
of tlie waste lands of the crown, or other fund, with royal Ibuinlatidii,
for tlie puijxises of learninji; and science, as his royal munilicnu.'
may direct.

'' That it is the humble opinion of the representatives of the n i :■
mons-of Canada, in the ))resent parliament assembled, that !!;-
enlij2;h1enin<r of the nnnds of the youth of the province, by libera
edueation, is ihe surest means of attaining the ends of that IVcoai;;
generous constitutitm which his Majesty in parliament has j-o graci
ously been pleased to bestow upon his Canadian people, 'rhu! tb
more his subjeels here, are enabled to perceive the benefits arising
from the inestin>able boon conferred, the more they will admire ;iml ii-
attached to that wise and incomparable system of civil and )iofitira.
order and freeckmi which the nations of th<! world envy, m \h' kiri;-
doms and countries living; under his Majesty's dominion. 'I'he hajijn
<:ombination of "^overninent, which, as -avowed by a conspicuous iio-
dern reformer, enaliles hi.-* Majesty, our gracious sovereign, to ■• rti<:i
" over a free nation, with the sole view of making it happy.*'

211

am, was ihis '
appearing to
iction which,
-al, had been
nvicted upon
the year Ix
iontreal, oi ;i
sons, unjustly
one Eticiirn'
^ It appearc;!
ntity oi'wii.ai

nm tlu'hinruinc ;iiii
:1s of France ; liav,-
d fathers in C.uiMd
distiibuicd in alms

er Ca.sot, tlie lasliii
ions of tho sociHy ot
y, and at his r());il

adian sul)jec1s, niiv:i

said estates, \i not

1 this his |)r(>\inopoi

in his royal wisdnm

Majesty, i hat h^nray

er estate, or portioi

ith royal foninlation.

royal muniJirfnce

itatives of the rom-
sembled, that tli!-
vovince, by libonil
nds oi' that firoauJ
lament has f^o tfraci-
people. Thiit ;li''
the benefits fiTL^ini;
y will admire inii! ii-
of civil and [Ktlitirai
J envy, m the kiiii;-
Tdinion. The Irajijiv
y a conspienoiis ii.d-
overeiyn, lo "reign
Mt happy.*'

from Drouin, afterwards accused him of hav-rhap
'm% fraudulently " moistened and welled" it,J^
to increase its vohime^and weight, anci threat- ksoo.
ened to prosecute hini for it criinin;dly unless
he gave him an indemnity. Drouin being a timid
man and led by Boue, and others in his interest,
to believe that they had him in their power,
and could convict him of this, whicli they gave
him to understand was a capital otFence, gave
his note to Bouc for £7o, as a composition for
the pretcjuled offence, or hush money, of
which he actually soon after paid hint ^£58,
Bouc releasing him of the balance. Drouin
pretendirtg that he had been w^ronged, and
bring advised to seek redress, laid the matter
before the law officers of the crown, by whom
Bouc and his confederates were indicted for
this as a conspiracy, and convicted. Bouc was
sentenced to three months imprisonment and
to pay a line of c€20, and to enter into bonds
for good behaviour during three years, himself
in .£500 and tw^o sureties in £200 each. The
others were severally fined in six shillings and
eight pence, and sentenced to three weeks
imprisonment. The record of those proceed-
ings being l^id upon the table, it w^as ordered
that " the said Charles Baptiste Bouc, be heard
by his counsel at the bar of this house, on
Wednesday next, (2d April) at three o'clock
in the afternoon," on which day the assembly,
af^er hearing his counsel voted, his expulsion,
by a majority of thirteen, (yeas 21, nays 8^)
Mr. Bouc was reelected more than once, but

iij

212

iU/'

! ;i.' i'^:'

Chap, finally disqualified by act of parliament. It has
^^^^- been insisted upon by persons of high respect-
T^JJJ^ ability, some of whom taking an interest in Mr.
Bouc^s treatment; endeavoured to procure the
repeal of the act proscribing him, that he was
the person conspired against, and a persecuiod
man, owing to his politics, which were anu-
executive it would seem. It is certain from the
standing he maintained in the county of his resi-
dence, and his reelectior, that he must have
enjoyed the general respect of his neighbours.
The lieutenant governor prorogued the legis-
lature on the 26th of May, but in the sterility
of his speech there is nothing to be found
deserving of notice. Eight bills received the
royal sanction, including one for continuing
*Mhe act for the preservation of his Majesty's
government."

The public accounts make the revenues (•[
the province for 1800 amount to ci' 20,08 (.
currency, and the civil expenditure ct'36, 159,
sterling, besides the salaries of the officers of
the legislature,c€ 1496,exceeding, by upwards of
£200, the fund appropriated for their defraya!
The sum paid to Upper Canada as ^' the ju.^t
proportion of the duties imposed by the legis-
lature, on such articles as have been trans
ported from this province into Upper Canada,
between 1st January and 3^1 st December,
1800," was £903, sterling. That of the pre-
vious year was £1404. The salaries of tin
judges were, from £500, increased on the 1st
i)f October of this year, to £750, pt;r annun).

213

and the judge at Three Rivers, to £500 fromchao.
£300, sterling.* ^

The second provincial parliament ending with i^oo.
this session, the writs for a general election,
tested 7th June were issued, and the elections
immediately took place, being, as on the pre-
vious occasions they had been, warmly con-
tested. There being nothing extraordinary in
the occurrences of the present year, we shall
proceed to the opening of the Legislature.

This took place on the 8th January, 1801,
and Mr. Panet being again ciiosen speaker, the
business of the session was entered upon.f

• This was in virtue of a dispatch from the duke of Portland, dated
1()th July, 1800. The salaries of the chief justices, of the province
<Os£;oode). and of Montreal (Monk) ; the former at £1200, sterling,
tilt' '-■'ter £900, remained stationary until 15th Augnst, 1802, when
they . so were auc^mented, the first to X1500, and the second X'l 100.
Mr. Osi^oode was allowed to retire on the 1st May, 1802, with an
Hunuity of £800 for liie, pursuant to a despatch from lord Hobart, to
that effect. Those officials were at that time and for several years
subsequently, exceedingly busy politicians, as well as judges, mixing
themselves up with the politics of the day, and elections, as if the
sacred functionsof their judicial stations were but. p. secondary consi- '
deration. Some of them had seats in the assembly, and some in the
executive, and legislative councils ; and, consequently, a ready access,
id I'll times, to the governor's ear. They availed themselves, of
couise, of their position, often misleading the governor who incau-
tiously followed their suggestions, making themselves in return his
tools, but invariably pursuing that first grand policy of most colonial
P')!iiicians, their own personal interests. Tlie reader will see, as we
j roeeed, the trouble and annoyance to which the country was put, in
. vi'huling the jud^^es from politics, and restricting them to their judi-
ri;it duties exclusively.

I This the third assembly of Lower Canada, consisted of the fol- ,
•vvitig members : —

i'^or the flower Town of Quebec, Robert Lester and J. Young;
l^or< hester, John Caldwell and Thos. Taschereau ; Borough of Wil-
! am Henry, JunathaiiSewell ; Hampshire, Joseph Plant6 and Fran-
cis Huot; Efhugham, Chs. 13. Bouc and Andr6 Nadon; Borough of
; lireeKivers, P. A. De Bonne and John Lees ; the Upper Town of
'uebec, J. A. Panet and A. J. Raby ; Devon, Bernard Peltier, fils,
:id F. Bernier; St. Maurice, T. Coffin and Mathew Bell; Richelieu,

i ]>

i 1

r .1

214

! , '('

l! ti '

r/iap. The speech recommended a reconsideration oi
vjii. a ^YiQ expediency of continuing that act of pre-
^"^caition for the public safety which, from iiii:e
to time, had been renewed, and hitherto found
beneficial," meaning the act for the better pre-
servation of the government. ^

His e:;cellcncv iiTformed the leejislature *' thai
his Majesty had been graciously pleased lo
give directions for the establishment of a com
petent number of free schools for Uie instruc
tion of children in the first rudiments of useful
learning and in the english tongue, and also, a>
occasion might require, for foundations of a
more enlarged and comprehensive nature, and
that his Majesty had been further pleased to
signify his royal intention that a suitable pro-
portion of the lands of the crown should be si^^
apart, and the revenues thereof appropriated
to such purposes."

He had it further in command" — he said.

to express the just sense his Majesty entei-

tained of the loyalty and public spirit of the

inhabitants of Lower Canada, manifested bv

ii,

Ls. E. Hubert and B. Livernois ; Kent, Ant. M. Lafonlairi;' and

. Franc,. Vi!i;e; Orleans, Jeronje Martineau ; Surry, P. de Koch.l'hivrt

a^id I* . Levesque ; Quebec, oounty — Louis Puquel aud M. A. Bi niu-

lot ; Leinsler, .Joseph Beaumont and J. Archarnbaull; Umjlinudon,

J. F. Perrault and J. Bte. Raimond ; War-vvick, Janif ^ Cuthbert aiid

Flos.s Cutbbert; Bedford, John Steele ; Montreal, County— Josip!.

Pa])ineaa and Thos, Walker; York, Joseph Bedard and L. C. Pirn-

dier ; Cornwallis, Joseph Boucher and Alexander Menut; Wes'

Vardof Montreal. James M-Gill and J. Pdrinault ; East VVanl .ti

Montreal; P. L. Panet and F. Badgley ; BuckinghErmsbire, John

Craigie and Louis Gouin ; Northumberland, J. M. Poubn aud Pime

"Bedard; Hertford, Michel Tellier and Louis Blais ; Gaspe. Williaii,

Vondenvelden. Of these, fourteen denote a british, one a gtnuaii,

the others a french origin.

risideration oi
lat act of pre
;ii, from tiir.c
litherto founj
he better pre-

isla.ture " \h'
;ly pleased t
ent of a com
Dr the insltuc
ents of useful
3, and also, a^
mdations of a
,'e nature, am!
er pleased lo
, suitable pro-
. should be m
' appropriated

nd" — be said,
Majesty entei-
spirit of the
manifested by

M. Lafonlaiiif m\
ry, P. (le Uoclii'ljiuve
e1 Olid M. A. Birrtlir-
nbaiilt; Huiiliiii^don.

Jam* 5 Culhbert and
(,'ul, Coiiiily— JoscpL
flard and L. C. Tou-
atider Menut; West
nault ; East Waitl of
.•kin.iiha'mshire, J')hi

]\I. i'ouliri and Pierre

a is; Gaspe, Williaii,
ritish, one a gmmi

215

their liberal contributions, and also of the zeal (i,^^,
and attachment they had shewn, as well to his viu.
royal person, and family, as to the principles "J^
of our most excellent constitution."

The assembly, in answer, assured him that
they would mostcordiaHy concur in continuing
that act of precaution for the public safety
which they had hitherto found so beneficial.
They rejoiced in the promised establishment
of free schools. '* If the fortunes" — they ob-
served — " of his Majesty's subjects in Lower
Canada, were equal to their loyalty and attach-
ment to their most gracious sovereign, their
contributions for the support of the war, which
circumstances rendered so inconsiderable,
would have been more deserving of the royal
approbation."

Some important acts were passed this ses-
sion, including two of revenue, one granting a
duty on the licensing of billiard tables, the
other imposing duties on tobacco and ^nuflf.
These bills were reserved for the royal plea-
sure, which being sanctioned soon after, *
became lav/ — one related to the decisory oath
(" sermenl decisoire,^^) in commercial matters,
which, there being previously a doubt of its
admissibility in such cases, this bill admitted
when referred by either party to the other, in
a cause pending at law — the other related to
the establishment of free schools, as proposed
by the lieutenant governor, and the establish-

• 7th April, 1802, as notified by proclamation of the lieutenant
governor, dated at Quebec, 12th August, 1802.

■f

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216

18U1

,!:■■:

m'm

cuap. riient ot' a corporation under the style of '* the
^^'^- royal institution for the advancement of karn-
"^"^mir,"* — the third was "lor removing the old
walls surrounding the city of Montreal," the
demolition of which had three or four years
previously been petitioned for by the inhabi-
tants, and was now consented to as necessary
to " the salubrity, convenience, and embellish-
ment of the city." This act was a fresh proof
to the country of the respect for private rii^hts
entertained by the british governm' .it. 'the
ground upon which, for the comnion safety,
those walls had been built was, for the most
part, private property, and had been taken
by the french government without allowing any
indemnity to the respective owners, it being
understood that if ever the walls were dcmu-
lished the ground should revert to the righti^ui
proprietors, or their legal representatives. It

• This ac^t has proved a faihire, and though still unrepealed, on tlic
statute book is virtually a dead letter. No appropriation oi' iandsiis
proposed, was ever set apart for the purpose of education, for what
reason is not apparent. The institution was kept alive for man} vears
by money grants from the assembly, from year to year, for pnyiii;:
the teachers and others employed by it. The roman catholic hietuolu
and priesthood throughout the province, universally discount fiuincei]
it from the commencement, not, as it is believed, from avtrstiuss to
the spread of instruction, but from objections to the composilionol
the board at its first establishment, being chiefly, if not altogether oi
protestants, the protestant bishop of Quebec at the head, aiid ihert-
fore, in their estimation, sectarian. It has foiled, as might have been
anticipated, from the want of co-operation and cordial support, not to
*ay opposition of so influential a body as the roman catholic clergy, ir
Lower Canada, who like all other religious denominations insist, and
with reason, on having in their own hands exclusively, the edurutior
of their own flock. Lord Daliiousie made an effort to comljine the
two interests, protestant and roman catholic, in this matter, but with-
out success. How the recent school act of 1846, now creatnig a siir
in several of the rural parishes will work, remains to be seen.

nriion saieu.

217

was to assure justice in this respect, no lesschnp.
than for the demohtion of the walls now become ^^^
a nuisance to the city of Montreal, that this act ihqi
was passed; authorising their removal and the
api^ointment of commissioners for those pur-
poses, all which was accomplished so effect-
ually by 1817, that nothing remains of them
to-day, and the claims settled to the satis-
faction, it is believed, of all concerned. —
This very liberal a^d equitable act admitted
the right of reco^ y and repossession to all
those whose claims, on examination by the
court of king's bench at Montreal, might
be found good. The following is the pre-
amble : —

" Whereas in pursuance of an arrSt of his
most christian Majesty, bearing date at Ver-
sailles, the 13th day of May, 1724, for the
better defence of the city of Montreal, in this
province, a stone w^all and other fortifications
of stone were heretofore built and erected
around the said city, partly on land ceded to
his most christian Majesty by the ancient com-
pany of New France, and partly on land the
property of divers individuals. And whereas
your majesty, by message through your lieute-
nant governor was, on the 21st March, 1797,
graciously pleased to express your royal will
and pleasure that the legislature should delibe-
rate on the most expedient measures to be
adopted for the improvement and embellish-
ment of the city of Montreal, and for the more
expeditious and effectual method of deciding

'I! i

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Vif

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218

Chap, all questions tliat may arise on the subject of
^^^^ the repossession of the ground now occupied
mT. by the old fortifications thereof; — and whereas
it is expedient to take down and remove the
said walls and fortifications yet standing, but
in a ruinous condition, and otherwir>e to pro-
vide for the improvement of the said city of
Montreal, by new squares and streets, to he
laid out, opened and made upon the site of the
said wall or fortifications, or lands adjacent.
And whereas it is just and reasonable that the
land which the said wall and fortifications now
occupy and which does not belong to his
Majesty, should be delivered up to the lawful
proprietors thereof, their heirs or assigns,—
and whereas also, the objects herein before
recited require the aid and authority of the
provincial parliament: — Be it enacted," &:c.

The message received from his exceHencv
the lieutenant governor, [l\, Prescott,) on thi.^
subject, was as follows : — ••• -

'" His Majesty having been graciously pleased to signiiV
his acquiesccBce to the petition of his good, subjects of" i\\v
city of Montreal, praying to be permitted *o repossess such
part of the ground occupied by the fortifications of that citv,
as shall not be deemed necessary for military or other public
purposes, the lieutenant governor feels great satisfaction in
being authorised to comnuinicate the king\s pleasure to the
house of assembly on that subject.

** It having been suggested that the groimd occupied i)y
those fortifications was taken up on condition, that the seve-
ral lots should revert to the original proprietors, or their
heirs or representatives, when the same shall be found no
longer necessary for public uses ; and as adverse claims
may, possibly, arise respecting such property, by which the
relinquishment thereof, instead of being a public beiictu

<:>

,..,.\*_ ^-t w i-

219

accorJing to his MMJeyty's gnicious inl^ntioiis, inny, in giv- (.^,^11.
ing occasion to strife and litigation, become u source of Vlll.
j)ublic detriment, llie lieutenant governor recommends to the v-*-vw
assembly to deliberate on the adoption of some expeditious 1^<"-
and ellectual method of finally deciding all questions that
may arise on this subject. •*' ■

^< As the present appears 16 be a siiilable occasion for
considering of such improvements as may conduce to the
salubrity, convenience and embellijjhment of the town, the
lieutenant governor further recommends to the house, the
consideration of providing additional powers, in case they
should be found necessary for carrying these desirable objects
into execution. . • «. " . • •

"^ The connnanding engineer will be directed to lay before
the house, a plan of the town and fortifications as soon as
tiie same can be prepared, and to give to them the reqtji-
site information relative to the reserves which it will be
iiecessary to make, on the part of the crown, for public uses,

(Signed) « R. P.''.

" Castle of St. Lewis, Quebec, iJ 1st March, 1797."

Nor while the British was thus discharojini^
the obligations of the trench government was it
unmindful of its own. An assignment of three
townships was, at this time laid off, for the
olhcers, non-commissioned officers and privates
who had served during the blockade of this
city, in the winter of 1775-6.*

• The i'ollovvina; notice, foumied on the order in council passed on
this head, appeared in the Quebec Gazette oi the li)th March, 1801 :—

" Advertisement — Canadian Militia. — Whereat, by a report
of the committee of the whole council, dated th*? 20th May la.st.
approved by his exeellency the lieutenant governor, the townships 01
Windsor, Simpson, Wendover, and Another to be taken on the south
side of the River Becancour, should it be necessary, to complete the
lots of the Canadian militia, have been appropriated for the officers,
non'commissioned officers £jnd privates of the Canadian militia, who
served during the blockade of this city, in the winter of 1775-G, and
for the widows of those who wee married prior to or <luring that
epoch ; and who by advertisement in the Quebec Gazette, of the 2-lth
May last, were requested to give in their names to le comte Duprd,

I'll

i •■■■

220

•:iii

.i,:.i

rh»p Anions the miscellaneous niaitors of tiu

J^ session was the reexpulsion of Mr. Boiic, \vh(.

1,^01 had been again returned at the late gencial

election. It appears by the journals of the

' assembly, that " a member in his place intbrm-

ed the house that he was present at the hit*

election of knights of the shire, to serve in this

• provincial parliament for the county of Kflin

' ham, and that he is well acquainted with th

person of Mr. Bouc, who is returned to serve

for the said county, and that he is the same

identical Charles Baptiste Bouc, who was

expelled this house during the last session."

From the above, to fix his identity, it would

seem, hcj had not yet appeared to take his seat.

It accordingly was therefore " resolved, that as

it, appears by a record of the court of kmo'>

bench for the district of Montreal, that Charlos

Baptiste Bouc, a member of this house, upon

an indictment in the aforesaid court exhibited

esq., colonel of ih»^ Canadian nnilitia, who are to receive lands accui
in<^ to the Collowini:; schedule: —

For a Held oftirer, . - , - 1000 acres,
a captain, 700 do.

a lieutenani. and ensign, - , - - 500 do.

iion-coniniissionrd olficers and privates, 400 do.

• •acii

And to the widows »iccording to the rank which their husbands
held.

And whereas there has, in consequence, issued a warrant of survey ;
all jier.son.s concerned are iiereby reqnire(l to deposit into the hands o;
captain Charles Pinguet, esquire, before the 1st (^ly of May next,
their share of the expenses of survey and other necessary disbui^t-
uionts for obtaiuinj? the letters patent, at the rate of two pounds seven-
teen shillings and six-pence for every 400 acres, which they may bv
entitled to receive accordiuir to the foregoing schedule.

Quebec, IDth March, 1801. Lf. Cte. DUPRE', Colon.'!.

!V. B. — The Nvidows of such militiamen as have served duiitig liif
blociiade, are requested to send in their nanries and surnames to Mi,
James Voyer, the assent, residing in the lower town, ;

eive lands acconl.

221

against him, had been convicted of the crime ^'hnp
o? conspiracy, with sumh-y persons, unjustly ^^
and fraiidulemly to obtain of Etienne Drouin, isoi.
divers large sunisol' money ; — and wh(Teas the
said Charles Hapiiste Houc, in consecjuence
thereof, was expelled during the; last session,
that he be expelled this house/'

Mr. Bouc, notwithstanding this, was reelect-
ed by his constituency, but it was resolved that
" having been in this session of parliament
expelled it, he was and is incapable of being
elected a member to serve in the present par-
liament." He, therefore, was again " expelled
for the reasons (the above) set forth in the
resolutions of this house, the 2d of April,1800,
and of die 24th of January last." He w^as, ,
nevertheless reelected, but disqualified, as we -
vshall observe, at the ensuing session, by an act
of the provincial parliament, and his person
subsequently incarcerated in the common gaol
at Quebec, on suspicion of treasonable prac- '
tices, under the act for the better preservation
of his Majesty's government, which began thus
to be made an instrument of oppression, and to
put down an humble individual w^ho, however
troublesome to the assembly, could not have
been an object worthy of any apprehension by
the government, which, in this manner, uncon-
sciously lent itself, there is cause to believe,
to the suggestions of personal pique and the
vengeance of a coterie against him, -' ' '

The legislature was prorogued on the 8th of
April, but beyond the common place obser-

T 2

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\ 1

If!

111

III

111

I :■!

222

<:h'ip. vances usual on a friendly parting, there was
,^^ nothing of note in the lieutenant governor's
18U1. speech. '^ It will, I am persuaded,"- — said his
excellency, — " be highly satisfactory to his
Majesty to observe that, in the regulations
which you have framed for the improvement of
certain parts of the revenue, you have evinced
a laudable disposition to lessen the burthen of
the parent state, in defraying the expenses
of the civil administration of this province."
A few days after the prorogation, his excel>
jency learned that the king had been pleased
to grant him the dignity of a baronet of the
United Kinaidom.

A bill also Avas passed *' for the relief (4
persons holding lands or immoveable property
of his Majesty enroiurCi upon which lods et
venies and mutation fines are due." It autho-
rised the appointment of commissioners with
power to remit, in certain cases, the arrears of
lods et ventes due to the cro vn, and in others,
to make large deductions on immediate pay-
ment of a small proportion of the dues. Those
who had served in deiending Quebec duriiii;
the blockade of the winter 1775-6, were alto-
gether exonerated from the payment of lods et
venies to which any property they then pos-
sessed may have been liable, who were thus
f^'ivored in this manner, as well as by grants of
crow^n lands in reward of their services.

The revenues of the year 1801, amounted in
all to £27,166, currency, of which X 17,1 20--
were available towards the discharge of the

223

expenses of the civil government, this yearrhap
amountin<]i to £33,831, sterling, includini^ ^'^^'■

£903 paid to Upper Canada, for its proportion
of revenue collected in 1800. The amount due
that province for 1801, remaining due to it from
the above, was £1069. — The expenses of the
legislature were £1961, currency, and the
revenue to defray them £1785.

The following were the members of the
legislative council in 1801 : —

Chief justice Osgoode, speaker.
Rt. revd. Jacob lord bishop of Quebec.

1801,

')5'

Hugh Finlay.
Thomris Dunn,
P. R. de St. Ours,
Francois Babv,
Joseph do Longueui!,
Chas. de Lanaudiere,
Sir George Pownall.

R. A. de Bouchen/ille,
Henry Caldvve-1,
Chief justice Monk, .
Sir John Johnston,
Chartier de Lotbiniere,
Gaa. El. Taschereau,

ERROR TO BE CORRECTEr.

For—" He observed that those who ruled in France," in the fourth
line of this chapter, page 204, read— -He observed U'i/A respect to those
who ruled in France that-

■i

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224

««•■■

(i'ff

l:->i'-- I'

i, I

■:V

CHAPTER IX.

Parliament meets — lieutouant governor congratulates thein
on the peace— encomagement of the culture of hemp
proposed — acceded to — money voted and a board ap-
pointed — Mr. Bouc disqualified — expedience of salary u,
the speaker and an allowance to members considered —
close of the session — settlement of the eastern townships
commenced — session of 1803 — militia and gaols recorn-
mended— revenue and expenditure of 1 802— prorogation
— short session in 1803, owing to renewal of hostilities
between England and France— strong manifestaticni oi
loyalty throughout the province— parliament again oi)eiieci

. in 1801 — nothing of interest — qvorum of the assernhlv
reduced to twelve— prorogation— revenue— general elec-
tion in 1805 — members returned — lueeting of new par-
liament— Mr. Panet again speaker— proceedings of the
session— a cloud — prorogation — revenue of 1804' — depar-
ture of Sir Robert Shore Milnes for England— Quebec
Mercury established in 1805, by T. Gary, esqr.

^\^- The parliament met on the IHh January.
v^.^/rhe lieutenant governor congratulated them
1802. on the return of peace, recently concluded
between Great Britain and France. He stated
that he had, at the close of the last session,
received his Majesty's commands to take into
consideration the means of introducing and
increasing the culture of hemp in the province
and to offer the subject to their particular
attention. The information he had obtained
from persons who had made experiments in the
culture of the article, satisfied him, he said.

iih

1802.

225 .

that the soil and climate of Lower Canada, chap
were peculiarly adapted to this branch of culti- ^^•
vation, and induced him strongly to recommend
to them the early adoption of such measures as
midit seem best calculated to encourage it
throughout the province. ' '

The assembly, accordingly, appropriated
£1200 for the purpose, but the experiment did
not succeed.* Mr. Bouc having been reelected
was again expelled, and a bill was now introduc-
ed and passed disqualifying him. A move was
made in the assembly to take into consideration
the expedience of fixing an allowance for the
speaker and members of the assembly, but no
determination adopted. The session closed
(m the 5th of April, the lieutenant governor
sanctionincr eleven bills on the occasion.

Larsje tracts of land in the eastern town-
ships had been granted to various persons, in
order to encourage settlements in that quarter,
and it was at and shordy previous to this period
diat the first setdements were commenced
there, under great disadvantages for the want
of roads of communication with Quebec and
Montreal. Many improvident grants were made
10 favorites and speculators, who allowed ihem
to remain waste until the toil and improvements
-)f those actually setUed in their neighbourhood

* A board was appointed at which the lieutenant, govt; rnoi hiriisell'
isiially presided. Small specimens of hemp and of a good quality
were produced Trorn y«iar to year, during several seasons, while tli*>
i)reiniums lasted ; but the habitants could not lie induced to reliutjuisli
lieir old system of agriculture and produce of wheat, yielding \he\n a
ertain profit, ior the growth of hemp which they were unacquainted
•vith.

1\.

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226

Chap, should give them value. In several instaiKos,
^■^ the grantees of these tracts have disappeared,

i«03. some by dying off and others by leaving ihe
province, while the lands granted have, in
many parts, been occupied and improved bv
" squatters," to whom, however odious ihej
are to the absentee proprietors, the province is
chiefly indebted for the thriving settlements
which, at the present time, present themselves

♦ to the tourist, in the eastern townships, known
as the district of St. Francis.

The speech, in opening the session, on tk
Sth February, 1803, if we except a recomnicib
dation to renew the militia laws, about lo
expire, and to make provision for the insiilii-
ciency of the gaols -at Montreal and Quebec,
was uninteresting. His axcellency congiaiii-
lated the legislature on an increase of the reve-
nue, which, for the year just ended, amountoil
to i)3 1,241, currency, while the civil expendi-
ture of the same was £37,008, including JC20!/
to Upper Canada, and i.'6,000 to the governor
in chief and lieutenant i^iovernor, that is, to llie
former, who was absent on leave, .£2,000. and
the latter, <£4000, besides the salaries of the
officers of the legislature, .£2,099, currency,
and upwards of £750 more, for contingencies.
Nothing of any importance took place duririj;
the session, but six bills being passed, one of
them for the better re«:ulation of the militia.
and of which, in proroguing the parliament, the
lieutenant governor spoke in terms of saii-
faction.

227

A short session of the legislature took place chap,
in August, in consequence of the recommence- ^^*
ment of hostilities between Great Britain and i^^oa.
France. The alien act, and that for the better
preservation of his Majesty's government had
been allowed to expire on the late advent oi'
peace, but the return of war rendered, in the
opinion of the government, their revival neces-
isary. His excellency stated to the legislature
[that, under these circumstances, it was their im-
ediate duty to provide for the internal security
this part of his Majesty's dominions, by n
enewal of those temporary laws which were
■ound so beneficial during the late war, and by
;vhich, under the blessing of providence, the
nternal happiness and tranquillity of the colony
3re so effectually maintained.
To this the assembly very loyally responded,
y stating that, under these circumstances,
[hoy felt it to be their indispensable duty to
rovide, without delay, for the internal security
f the pi^ovince, not forgetting that during the '
pie war, the temporary laws that were then
assed did contribute to assure the tranquillity "
en enjoyed, and that they agreed with his ''
xcellency that the first object of their consi-
eration should be the renewal of those acts,
hey were accordingly passed, and being
SGnted to, the assembly, after a short session ^'
ten days were, on the eleventh of August, '\

Upon the recurrence of the w^ar, there was a
ong manifestation of loyal feeling universally

I !

! i )

228

Chap, throughout the province. The lieutenant gover-
'^- nor sent down, late in the session, a message

TroT 10 the assembly stating, that he had ** the satis-
facti )n to acquaint them that a considerable
number of his Majesty's subjects in this pro-
vince, actuated by a spirit of loyalty and zeal
for the interests and honor of his crown, bad.
offered to form themselves into volunteer com-
panies for the defence of the provinc^e at the
present moment, and to serve under such offi-
cers as his Majesty's representative should
appoint to command them." And he recouv
mended the subject accordingly to the consi-
deration of the house. A bill was introduced,
passed, and sent up to the legislative council
relative to it but too late, the prorogation tak
ing place the next day. 'No inconV'-enience,
however, was felt from the circumstance, the
militia act being in force and sufficient for every
practical purpose^ in case of an emergency,
not very likely to occur unless in case of a
rupture with the neighbouring republic, ol
which there was then no probability. The de-
.monstrations of loyalty which this renewal of

•-' ft

hostilities brought out, nevertheless were grate-
ful to the government and to all loyal men ; it
contributed to confound distinctions of national
origin, and to bind all classes together in thf
common cause, as brethren of the same grea^
political family, and was very creditable to the
Canadian people.

In reopening his parliament, on the 10th of
February, 1804, he again called upon them to

229

continue the two acts they h-^d renewed at thechap.
hite short session. Beyona this there was '^
noihing of any moment in the speech. We ^<^^^^
shall, liowever, note a part : —

' " Gentlemen of the legislative council, and gentlemen of
the house ot' assembly, — in proceeding to the consideration
of the several objects to which I have adverted a«3 well as
such others as may come before you in the court^e of the
session, you will not fail to keep in mind the important
advantages which have resulted from the imanimily, as well
as from the energy with which the public atVairs have been
conducted in the parent stale, and you will, 1 am coniident,
be tmulo'js of manifesting a like unanimity in the proceed-
ings of this provincial parliament.

" I have, indeed, in every session of the present parlia-
, meat, had experience- so satisf'ictory, of your dutiful aHec-
tion to the person of our most gracious king, and your unre-
mitting attention to the interests of his governm.ent, that i do,
with the greatest reason, confidently rely upon a continuance'
of them in the present conjuncture.

" I will do my part — I earnestly and strongly recommend
to you unanimity and vigour in the disjiatch of public busi-
ness, and you will, I am assured, be desirous o!" proving to
yo'^: sovereign, that your hearty zeal for liis service, and
your just concern for the security and prosperity of this pro-
vince, are incapable of relaxation and decline."

As the session advanced, it was found di/Fi-
cuU. to keep together a sufficient number of
members to carry on the business of the house,
#nd the quorum was consequently reduced to
twelve members, including the speaker. The
session ended on the 2d"Mav, thirteen bills
being assented to, one for making a further
appropriation for encouraging the culture o(
hemp.

The lieutenant ^^overnor gave the assembly
bis '' sincere thanks for the zeal and unanimity

230

chiip. they had manifested in renewing the act for the
'-^- better preservation of his Majesty's govern-

i,s,,4. ment, the alien and foundling acts, (by this
hist, an appropriation was made towards the
relief of insane persons, and for the support of
foundlings, a provision afterwards continued by
vote of tlie assembly from year to year,) iui.l
for the act encouraging the culture of hemp.
This was the last session of the third provin*
cial parliriment, which thus parted with the
executive on the best of terms, returning to
their constituents loaded with its approbation,
and the consciousness, let us believe, still more
gratifying, of having done their duty.

The revenues of the last year (1803) were
£32,276, currency, and the expenditure .£36,-
821, sterling, including £1340 to Upper
Canada.

The general election took place in July, for
this the fourth provincial pai^iamerit. Tli,
legislature met on the 9th of January, '1805,'

* The members constituting the fourth assembly of Lower Cunaih,
were : — For the

Upper Town of (viuebec. William Grant andJ. A. Panel ; Lovvrr
Town of Quebec, J. Younj^ and Louis de Sah\berry ; Coiuity of
Qnebec ; P. A. De Bonne andM. A. Berthelot ; County of JN'ortliimiv
berl:<nd, J. M. Poulin and Pierre Bedard ; County of Orleani^.Jtrnn;;
jNlartineau ; County of St. iVtaurice, David Monro and Michel Canoi! ;
County of Leinster, C. G. de Lanaudiere and J. Archamluuili;
County of Dorchester, John Caldwell and Thos. Taschercau ; Conniy
of EtHn^ham, Thomas Porteous and Andr6 Nadon ; Borough of W'i;-

a (ill

U'diu Henry, .Jonalliun SeM-el! ; County of Kent, Francois Vige
Pierre Weil brenner ; County of Warwjck, James Cuthbert and Kc-s
Cuthbert; Borough of Three Rivers, L, C. Foueher and John Lee? ;
County of Hampshire, J. A. Jueh. Duchesnay and Joseph Pluiiif'
County of Buckinghamshire, Louis/ Proulx and F. Le Gendre ; Coun+.
of Devon, F. Bernier and Jean Bt.e. Fortin ; County of Rieheliei!
Louis Bourdages and Louis Brodeur ; County of Cornwallis, J.N. IVi-

231

: act for the
^'s goveni'
ts, (by this
.owards the
) support of
ontinued by
year,) aViA
re of b CM lip,
bird provm'
ed with tiie
returnlni^ to
approbation,
ve, still more
ity.

;1803) were
iditiire X36,-
to Upper

in July, for

inent. Tiie

uary,

1805,

y of Lower Ciinwlii.

A. Panel ; Lowrr
.iLerry; County of
JoimtyofNoriliuir.-
r of Orleans.. Ii'rniiic
utl Michel QmoDi,
I J. ArrViarol);u;lt;
\ischercnu ; Comiiy
1 ; Borough ol' VV'il-
Fran(;ois Vii?^ anil
Culhbert ami Hr.^s
her and John Lee>;
nd Joseph PUinle:
Le Gendre ; County
unly of Richdicu.
orinvullis, J.N. Tcr-

and Mr. Panet being again chosen and confirm- chap.
ed in the custonnary terms speaker of the '•^•
assembly, the lieutenant governor recommended "J^ijr,,
the renewal of the alien act and that for ilie
better preservation of his Majesty's government,
as necessary to the security and tranquillity of
the province, which was readily complied
with. Much of the time of the session was
absorbed in inquiries relating to contested
elections.

The navigation of (he inland waters of the
province was, how^ever, taken into considera-
tion this session for the first time. It was
resolved that its improvement would greatly
facilitate the intercourse Avith Upper Canada,
and increase the trade and navigation of both
provinces, and that the removal of certain
impediments m the rapids between Lachine
and Montreal, would greatly tend to that end ;
and that an attempt should be made to remove
the impediments in those rapids, and a sum
not exceeding a thousand pounds, currency,
appropriated for the purpose. That amount
was accordingly appropriated, but to little pur-
pose, unless to conhrm the opinion now preva-
lent, that nothing short of a canal, long con-
templated, (and since accomplished,) could

iiilt and Alex. Roi ; County of Hnntinii:don, J. Bte. Rairnond and
>N!r A. M'Kcnzio ; County of aMontreal, Benjsimin FrobLsher and L,
Roi Portelance; East Ward of Montreal, John Ricliardson and J.
■\ririe Mondelet; West Ward of Montreal, James M'GiH and Louis
< laboillez; County of Surrey, Notd de Kocheblave and Jactpies Car-

■ r; County of York, John Mure and Eustaehe L. Dumoni. fils ;
' ounty of Hertford, Louis Tnriceon and Etic.nne Ferreol Roy ; Coun-

V t)!' Casp6, George Pyke ; Cvnmy of BedJord,

232

^(i

If '»

!M i >t

Iniji'ji ^

('hai».peimanently overcome the diiliculties present-
'•^- ed by those rapids.

TsflT ^^ 1^-11 " ^^^ enable the seigneurs to compound
their feudal rights and dues with their vassiils
and censitaires," was introduced but tell
tlirough, from what cause is not apparent.
Several bills received the royal assent ai ih,'
close of ihe session, among them one for the
erection of common gaols in Quebec and
Mo!ureal, and imposing duties upon the trade
exclusively, to defray the expenses of their
erection, a measure exceedingly distastefid to
the commercial world, who, it seems, petitioned
his Majesty to disallow it ;* and another for the
better regulation of pilots and shipping, and
improving the navigation of the St. Lawrence,
probably ihe most important of the session.
The trinity house was established by it, with
very important powers relating to the naviii;a-
1 ion of this noble river, and to the ports r!
Quebec and Montreal.

A slight misunderstanding seems to liavc
arisen between the lieutenant governor and
assembly, relative to an increase of salary v/hicii
the latter were disposed to allow one of its
ollicers, the french translator to the house. An
address was sent up requesting his excellenc)

* This; '< the Gaol\'i a.ct,''^ as it has commonly been called, iini:ov
ed a duly of two and a half por cent., ujion fi;oods, wares, uiid \\m-
chanJis»e sold at public auction; a duty of two pence a pound on hohc.i
t«nx; four p«ice a pound on souchoiiii:; six pence on hyson, <!i)d ii|i'.ifi
all other green teas, four pence. And an additional duty, lo ih'iv
already existin*;, of three pence a iS^allnn on all spirits or i>tl'.t'r huw:
licjuors, three pence on all wines, and two pence on molujiai m
syrups.

233

been culled, imj'"'-

would be pleased to take into consideration ci.ap
the services of Mr. P. E. Dcsbarats, frencli '^'
translator of the house, and make such addi- ^^^.^^
tion to his salary as in his wisdom he should
see fit. To this he answered — '* that however
he might feel disposed to accede to every
request of the house of assembly, he found
himself called upon in the present instance to
decline doing so, — and that he regretted the
necessity for remarking that when the usual
observances which tend to preserve a due har-
mony between the executive power, and the
other branches of the legislature were omitted,
he felt himself compelled to resist a precedent
which might lead to consequences so injurious."
This gave great umbrage to the assembly,who
immediately resolved (yeas 8, nays 7,) to go
into committee on the subject, but a message
from his excellency by the usher of the black
rod, requiring the immediate attendance of the
members in the legislative council prevented it,
and put an end to the session. He prorogued'
the leg >lature, x.eyertheless, in terms of satis-
faction, assuring them that an earnest soli-
citude for their welfare would ever be a
prevailing sentiment in his mind, recommend-
ing them, " at all times and upon all occasions,
to keep steadily in view those sound principles
of loyalty and gratitude to our most gracious
sovereign, by which alone that genuine happi-
ness and that ample security they had hitherto
enjoyed under his paternal government, could
be effectually and permanently secured. The

u 2

231

^i^j-'p- al)ove was the first instance since the establish -
,^„.^^m(int of the constitution to the presiMit time, ol
jh(j6. the shadow of a niisundei'stanclmg between ih*
executive and the assembly. What the" ob-
servances," which the assembly had " omitted"
were, does not appear by the journals of the
house.

The provincial revenue of the last year.
(1804) by the accounts laid before the assem-
bly this session, came to .£33,633, currencv.
The civil expenditure to £33,003, sterHn:;.
Of this the lieutenant governor, Sir llobori
Shore JMilnes, administering the government,
was in the receipt of .<J4,00U, and the goveriH.!
in chief, Preseott (absent) £2,000 ; it included
also £1,27-2 to Upper Canada. The salaries to
the olHcers of the legislature now amounted to
i^2519, currency, independently of the sum
stated as the amount of civil expenditure. The
expenses of the late election were £545,
currency.

The lieutenant governor sailed for England
on the fifth of August, in H. M. S. Uranie,
leaving Mr. Dunn, as the senior execurive
councillor, to administer the government.
His exv^ellencv received an address from the
citizens of Quebec on his departure, but was
not a popiilar governor. The general opinion
of Sir Robert Shore Milnes, as far as one can
judge of it at this distance, ranks him as an
easy well-meaning man, with talents scarcely
above mediocrity, of no self-confidence what-
ever, and consequently easily influenced by the

235

t'l

2 governor

irr'.;spon<?iblr,s about him, to whom he lookodcfmp

for advice

It is worthy of rrmark that anew weekly TT,

papf

The Quchcc Mcrcvn/.'^ exclusively

IHiKi.

ciiglish, slill extniit and thriving, was set on
loot at tli;'- conrn(^ncen\(Mit (jf the present year,
in Quebec, by Thomas Cary, escjr., an enghsh
gentleman, brought u[) to commercial pursuits,
and tor several yc^irs previously ^established
in the province, of extensive information, and
editorial talents of the first order; the point and
pungency of whose pen we sliali hereafier have
occasion to notice. Mr. Cary was patrt)nised
by the trade, and remained editor of the papt?r
he had established, and conducted with ability,
until his decease, which took place in I8*2:i,
regretted' by a large circle of acquaintances,
and even by many of those to whose politics
he was, from principle, opposed.

The total of arrivals at Quebec, this yea. , fron\
abroad, was 146 vessels, burthen 25,136 tons.*
The following post oflice notice published in
The Quebec Mercury, of 2d December, 1805,
will aive an idea of the mail communications

• W'} Himexftd comnarativp statiMiioiit of arrivals and t.oniia?r, at the
port nl v^ueher, up to tlie 22d Noveiabt'r. in each ol' the years lM<j
ari'l KS47, trom art uuUienlic source, will conlrasl well with tbtt
abtive : —

Vessels. Tonnaqe.

22(1 Nov., 1810—1439, - - - 573,104

22d Nov., 1847—1 178, .... 474,48<i

Less this year, 261, - - - 98.618

-from the '* Morning Chronicle'^ Quebec, 22cl Nov., 1847.

236

fri;j '^i r

chrp. at this time, with England and ihc'neighboiu-
^^' ing provinces : —

lyOa '^^'■C' t^^'nier Mails for England via Halifax ^ will in
closed on the following days^ viz : —

On Wednesclay '27fri Nov.
Do. 26lh Dec.
Do. 22(1 Jan.

VVeanesiliiy, ISlli Feby.
Do. 19tli Marcli.

Do. J61I1 April,

and on Wednesday, 24-tli May, lirsl fortnight trip.
The Mails for Upper Canada, will be despatched on the
following days, viz : —
Monday, 2!)tli instant,

Do. IGth Deer.
Do. 13tii January,
Quebec, 20th November, 1805.

Monthly, lOth Februarv.

Do. 10th March,
Do. 7th April.

1,*

237

CHAPTER X.

•p)

Mr. Dunn, president and a(hnini>irator of the governmont —
convokes the parliament — topics of" tlie speech — crurJatle
a:^ainst tl\e fVeodoin o( the press — Tsanc Tod and Edward
Edwards voted guilty of breach of jirivileges of the assenf-
bly — Thonia.s ("ary in like manner — gaols bill of previous
session,' and proceedings with respect to it — address on t'.ie
Bul)ject to his Majesty — transmitted through the presi-
dent — remark of his honor on receiving the addres'^ —
assembly take umbrage --[)resident in proroguing expresses
dissatisfaction that busint^ss had not been despatchetl,
owing to non-attendance of members — revenue ami ex-
penditure of 1805 — '' Le Canadien," established — its
purposes — anecdote — meeting of parliament in 1807 —
speech— favorable address of the assembly in answer —
miscellaneous m;itters during the session — death of Mr.
Lees, member for Three Rivers, and election of Ezekiei
Hart, esquire, in his stead — prorogation — revenue atul
expenditure for 1806.

Mr. Dunx assumed the government, as pre- c
sident and administrator, on the 31st July,
1805, Sir Robert ?*^hore Milnes having admi-'J^,^
nistered it six years, da\ for day. He convok-
ed the parliament for the 22d February, 1806,
and on opening it congratulated the country on
the victory gained by his Majesty's fleet over
the combined fleets of France and Spain, off
Cape Trafalgar, on the 21st October last,\vhen
nineteen of the enemy's line of battle ships
surrendered ; and also on tlic subsequent
action off Ferrol, on the 4th November, in

lap.
X.

■ ' i

i "

;ii' . Hi'

I ", i;

238

<^hap. wiiich four frcncli ships of the line were cnp-
^- tured by an equal force ; victories which

i8<jf). phiced Great Biitain and her colonies in a state
of perfect security from the meditated attempts
of the most ferocious enemy she ever had lo
contend with. " But akhoufrh we are thus, by
the blessing of divine providence, and the power
of his ]\Iajesty"s arms protected," — said the
president — '- from the danger of external attack.
I make no doubt but your prudence and loyalty
will induce } ou to renew those temporary acts
which, during the last as well as the present vvai',
have been deemed expedient for the better
preservation of his Majesty's government, and
the internal tranquillity of the province, though
happily very few instances have occurred in
which it has been found necessary to put them
in force." This was suitably answered in the
address, the assembly assuring him they would
renew the acts.

The hrst crusade against the freedom of the
press, by the assembly of Lower Canada, took
place this session, and ought not to pass unno-
ticed. An article in the Montreal Gazette,
No, 503, dated " Mom/ay, April \sl, 1805,^'
printed by '' E. Edwards,'^ was, on motion of
Pierre Bedard, esqr., voted, by a majority o!'
16 to 6,^' " a false, scandalous, and malicious

♦ The division avusj as follows : — Yeas, Mt^s-iieurs Forl.in, FoTr6i)!
Roy. Carron, Weilbienner. Martiiieaii, Tiirijeoii, Tascheivau, Alex-
ander R«>y, Lu.ssler, B<Hlard, Bourdages, Le (TencJrt;, J3ertlu;lot, Do Sa-
laberry, Plante and Proulx. — !(■).

Nays. Messif'urs Richanison, Pyke. Mure. Roy Portelaiice. Frn-
t)isher and Vuuii'', — (J.

vere onp-
;s which
in a slate
attempts
er had to
: thus, by
he power
-said the
la I attack,
id loyahy
)rary acts
;sent war,
le better
neiit, and
e, though
curred in
put them
ed in the
ey would

3111 of the
da, took

iss unnu
Gazette,
. 1805;'

notion of
jority of

nalicious

iin, Fcrreiii
'ivau, Alex-
uvlot, Do Sa-

elai;ce. Fi""-

239

liitel, highly and unjustly rellecting upon hischap.
Majesty's representative in this province, aiid^J^
on both houses of the provincial parliament, isog.
and tendini;- to lessen the alFections of his Ma-
jesty's subjects towards his government in this
province." — A *' committee of seven members
was, therefore, appointed to enquire into the
authors, printers and publishers of the said
libel." They reported Edward Edwards to be
the printer of the paper in question ; and ** that
it appears to this committee that Isaac Tod,
esquire, of Montreal, merchant, was president
at a dinner o;iven at Montreal, in the month of
rdarch, 1805, in Dillon's tavern, by the m.er-
chants of that city, to the representaiives of the
town and county of Montreal, and that he there
gave the sixth, seventh, eighth, ninth, tenth,
eleventh, and twelfth toasts inserted in the said
printed paper," and which constituted the
" libel."t

f The rollnwinir nre Iho toasts on fhe oorasion a{hule'.l to ; — 1 . The
iviij;?. 2. The hritish empire ; and may the ]>eople of this province
ha impressed with a gratciul sense ot the liap})iri(>ss aad advantaL'es
ihoy derive from beiriir a part of it. 3. The lieutenant j^rovernor and
prosperity to tlie })ri>vini:e. 4. General Hunter and jnosperity to
Cpper Canada. 5. The navy and army. 6. The honorable mem-
bers of the ieijislative council, who were friendly to constitutional
l.ivation, as proposed by our worthy mfn)bers in the house of as.^em-
t'iv-. 7. Our representatives in p)ovinoial parliament, who proposed
a coristitulional and jiroper mode of taxation, for laiildini; u'aols : and
who opposed a tax on commeiet; ibr tliat j'urpose, as contrary to the
sound practice of the parent «tate. 8. May our representatives be
a'*tnated by a pntriotie .s])irii. for the jjoodof the provitice as depen-
di-nt on the britinh empire, and lie tiivested of local prejudices. U.
Piosperity to the agriculture and commerce of Canada, and may they
:i;d each other, as tiieir true interest dictates, by bharinj^ a due pro-
portion of ndvantii.'ics and burthens!. iU. The city and county of
Montreal and the ji'-irul juries of the district, who reconunended local
'issessments for local purpases. 11. May the city of Montreal be

210

U-i

Jl '

■ i

I; ^

\-V.\

n It

f* !

(hap. Pursurtiit to this, it was resolved by tlie hoiiso,
'^ on motion of Mr. Bedard, ^' that Isaac Tod,

TsimT ('"'^piii'^'j merchant, of the city of jAfontreal
' having published the libel mentioned in tde
resohuions oi" this housb, at a dinner given at
JMontreal, in die month of March, 1805, ii>
Dillon's tavern, by the merchants of Montreal.
to the representatives of the city and connty ui
Montreal, where he was president, is guilty ol
a high breach of the privileges of this house,"
— and '* that the said Edward Edwards, h;iv-
ing printed the said libel, is guilty of a hiiiii
breach of the privileges of this house.'" —
These two gentlemen were accordingly order-
ed to be taken into I'ustody of the sergeant ;m.
arms, but not being found by his deputy who
went to Montreal in quest of them, the matter
w'as dropped. The dinner given to the repre-
sentatives of the city and county of Montreal,
was, it seems, in approbation of their opposi-
tion to the " gaols lull" of the previous session,
mipopiilar with the meichants, as providing the

enabled to support a ncvvfep;ipcr, though deprived of itsnaliiralar.il
uselid udvatitaires ; apparently tor the hcnelit oi an in(hviJval. 12.
Mnv the 'Munuicrcial int<n'ost of thi.s prov'r ce have its due iniiueiiop
Ol) t!i'; adminislralion i)f its s^vminient. 13. 'J'ht; f;;ir sex, beins; th«'
gre. t spur to our pursuits, anil tin- [)rize of our indust ,

A corrcspoiu'cnt of the Quebec Mercury, ob.r rve.s : — Tho
forej^oins: lousts were "iven by Mr. Tod, who was president ; and
the band played at intervals and apropo.< — God save the Kinsr —
f\ule Britannia— Roast beef of old England — The conquering hero
rompf! — Buions sfrikc home — Hearts of oaJr — The flauneh man of the
mill, and the myrtle of J'enus. (Jpward.s of fifty of the lirst peojileel'
the place were present, on this occasion ; and f am sure none of ilum
ever dreamed of acting wrong, or contrary to the coii.stitution of tlie
coinitry," How, indeed, tluse patriotic sentiments could give offence
to the assembly, morbidly sensitive, it \vould seem, and be constiuiJ
by it into liliel, is al tliis time of day, ditllcult lo conceive.

llie house,
saac Tod,
j\[ontreal,
ed in the
r given at
1805, in
Montreal,
county- ol"
s guilty of
is house,"
jrds, hav-
of a high
house." —
gly ordei-
ergeant at
L^puty who
the matter
the repi'e-
Montreai,
r opposi-
s session,
idino- the

its natural ar.il
dividval. 12.
<kie iniiiu'iicr
.s<;x, bcjug tht'

f.s : Thf'

'H'siileril ; and
the Kins—
nqverbi:: hero
ch man of ihc

lirst people fi
e none of tiu ri;
siitulion of till'
ik! liiveoiffiice
<1 he constimJ
ive.

>MI

gaols.

241

ways and means upon the commerce oi thecimp.
country, for defraying the expenses of die new •^•

The proceedings of the assembly, on this
matter, gave occasion to Mr. Gary, tlie editor
of '* The Quebec Mereuri/,^' to make some
remarks upon them while in progress, which
brought dov\^n upon him also the indignation of
the house. The following are extracts from
the journals of the assembly,of the 1 1th March,
1806, relating to the matter: —

" A complaint was made to the liouse by Mr. Berthelot,
in his place, that '{ homas Cary, editor of the '• Quebec
Mercury," had in his paper of yesterday, presumed to inter-
meddle in the proceedings of this house. Mr. Berthelot
then laid upon the table a printed paper, with several pas-
sages pointed out therein, and desired that the said passages
might be now read by the clerk, which being objected to by
several members, debates arose thereon, and Mr. Speaker
having refused to cause this complaint to be entered upon
the journal otherwise than by motion.

" Mr. Berthelot moved, seconded by Mr. Bourdnpes,

" That an entry be made on the journal of tliis house,
that he had complained to the house, that Thomas Cary,
editor of the paper intituled '' Th.e Quebec Mercury," tiad
in his paper of yesterday, undertaken to render an account
of the proceedings of this house, and that he had desired tiie
same might be read by the clerk.

" The house divided upon the question, and the names
Leinc called for they were taken down as follows, viz : —

"Yeas — Messieurs Ferrcol Roy, Alexander Roy, Fortin,
Weilbrenner, Lussier, Martineau, Proulx, Le Gcndre, Car-
ron, Taschereau, Poulin, Turgeon, Bedard, Berthelot, l)e
Salaberry, Plante and Bourdages.

'' Nays — Messieurs Richardsoii, Mooie,Caldvvell, Monro,
Young, Mure, and Koy Portelance.

I':.

242

ii I

/ :

h I

' i^

• i

n\i\\). *' ^"iJ ^^'^^ same being carried by a majority of ton vote«,

X. it was ordered a''Cordingly.

v^.-w' k' Ordered, that Thomas Gary, editor of the newspaper

180(>. intituied, " The Quebec Mercury," for undertaking in hi,-

j)api:<- of yestenhiy, to give an account of the proreedings oi

this house, be taiien into custody of tlie serjeant at arms

attending this house."*

Mr. Gary, by petition to the assembly, hav-
ing evpicssed his regret at the publication bv

• 'riie iu'ticles at Avhioh the nssombly took offence are the follow-
itii? : — '• We be]a: leave lo direct the attention of our readers, in a ])iir-
ticulai niarmer, to a pariiirniph, in paire 77, of t!iis paper, under \hr
heud of' FviKNCJ-i iNKr.UKNCK. ft. i.s 0(>rtain that nothing could Ih;
more iriatilying to our aich-enerny and tiielrcnch nation, than a pn^-
hibition on our presse.s. 'I'he nsnrper \vell knows the wholesonje
Iru'.hs ihcy leach — how f?lron;:ly they inculcate a hatred of tyiuimv •
flow anii-ntly fiiey rherisli that noble,, that iniii)i ring passiori, aki\(
ol fountry, whence every brifon so sensibly feels that the cause of
nh country is his own. We carniot foritet the ftlbrts otthe tyrant ?o
curb tiie presses, in Eiiifland, just before the breaking out of the pif-
senl war. May his injlacnce never extend to us ! We know ourselve.-
to be beyond ttie reach of his arms ; but where will not italian :,t
aiul iVench cunning insinuate tbemsflves.

•' rhe resolve ui the house of Hssend)ly on Friday, on the siibjfif
Ola libel, in the Montreal Gazette, relates to some toasts given at ;i
public tlinner, and })ublisbed in thatjiapcr. The mover, we hear,\.ii.<
Mr. J5edai(l. All the old subjects, in the house, with Mr. Porteiai;ce.
voted against the re.solve. If the oltject be to charge the printer w.th
a breach of privilesre, and to call him from his family and businf^•;,
we are extrtniely sorry for if, because we think it must irive rise o
unpleasant investii^ations of the rights and powers of the house. The
divison on the resolve was — for 16, against 6.

*' French inkluknck. — " In the ' Secret History of Europe." a;:
old and scarce book, we have read some remarks, by whirh.it v.oulii
"seem that the french nation supported the same character formerly
as at present. • Tis ol)servable,' says the writer, ' that wlierevcvthf
french aje concerned, they are very uneasy at the liberty of fret;
states, which will not admit the /t/ing- vp of the tongue ; and iockivt:
up of the press, as is done where iheir tyranny is predomifiant. TJiis
needs no cotnment. * Wherever french councils prevail ; there fol-
lows innnediateiy a s):)irit of persecutio)i and ciuelty.' — ' But the
trench faction were always ready to load their opponents with iht?
very <"rimes they only couhi be guilty of.' "

These rcmai ks were at the time, and under the circumstances, yn-
haps, indiscreet ; but certainly not worth the indignation which the
a;i»s(rribly evinced on the occasion.

213

^vhich he had incurred the displeasure ofthec
house, was immediately released. But even at ^
the time, it was thought the assembly wouhl
have acted far more wisely in taking no notice
of the matter than in taking it up, which seem-
ed to all the world more like an attem|)i to
overawe the press, than in vindication of their
privileges, and was scouted accordingly.

It has been previously mentioned that the
" gaols' bill" had given dissatisfaction to the
commercial community, and that the king had
been petitioned to disallow it. This, by the
constitutional act, was a power specially re-
served to his Majesty, who, at any time within
two years next after a bill had received the
royal assent in the province, could, by disal-
lowing, render it a nullity. It was from the
adtation of this matter that the Montreal din-
ner and obnoxious toasts, deemed libels by the
assembly, had proceeded. It was now^ in con-
sequence of the exertions which it was under-
stood had been made on the part of the trade,
to induce the government at home to advise
the king to disallow this act, determined by the
assembly to address his Majesty on the sub-
ject. As the two main interests, commercial
and agricultural, (the conflict Avas merely be-
tween these, for the idea Qhiationalilc,h^i} not
yet started,) of the province came in contact
in this matter, — and, indeed, have never since
to the present day been reconciled, — each
maintaining that the other should bear the
expenses of erecting the new gaols, it may be

111 p.

KS(;G.

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• 244

Chap, well to bestow some attention upon it, and
^^ hear their respective reasons, which we give
\Hoii. as we fuid them recorded* in the journals of the
assembly : —

" Mr, Bedard movecl, secondod by Mr. Berthelof,— That
a committee of nine inenihers be api)oint(3d to prepare a
loyal, dutiful, and bumble addreps to bis Majesty, — Jiumbly
to beseecb bis Majesty tbat be will graciously be pleased t(t
rf* eiv3 the supply otTIjred by the assembly of his province

Lower Canada, by the act passed in the forty-fifth year of
n;v; Majesty's reign, intituled, " An act to provide for ihr
jrec^i' a of one common ganl in each of the districts of
Quebec and Montreal respectively ; and the means for
defraying the expenses thereof;" and that he will be pleased
to give his royal assent to the said act : to assure his Ma
jesty of the loyalty of his faithful subjects in this province,
of their zeal to maintain his benign govi^rnment, of the livelv
gratitudo they entertain for the prosperity of this province,
and the advancement of its population and agriculture,
arising from the powerful effects of his ])aternal protection ;
blessings which they look upon as the most solid basis of
support to its defence and commerce; and which the assem*
bly, by adopting the tax contained in the said act, did m)t
wish to discourage : together with a memorial containing tin-
reasons which induced the house to prefer the mode resorted
to, in preference to a tax uponlar^ds.

" Mr. Kichardson moved, seconded by JMr. Mure, tc
amend the motion, by leaving out all the words thereof,
after the word " Majesty," in the first part of the third line,
and to substitute the following, — " Humbly to assure his

Majesty, that this house being now fully sensible of the

propriety of adopting the wise practice of the mother coun-
'' try, in respect to taxation, 'do therefore deeply regret that
" they did not yield to the very strong reasons adduced foi
" adopting such practice, in preference!ggL*he principle iaiil
" down in the act passed last session, intituled, ''' An act to
" ' provide for the erecting of one common gaol in each ol
" * the distiicts of Quebec and Montreal respectively,
" ' and the means for defraying the expenses thereof,'--
*' which they now feel by the experience of its operation, ha.-

245

"imposed an insupportable Ijiirlhen upon commerce, an(lt7,;,p
" really injures agriculture through the medium by wliich X.
" they intendeil to encourage it: ami further to entreat his^-*-^'-^
*' Majesty that as the means of immedinte redress are n; w 1^***'-
" out of their power, by the not having passed the tl.- .e
" branches of the provincial le^jislature, his Majesty \v> 'je
" graciously pleased to apply the constitutional remedy of
** his royal disallowance of the said act."

The proposed amendment was rejected, and
the main motion carried by a majority of 13
to 6.

An address and memorial to the kinij; was
drawn up by the assembly ,.'^nlanatory of the
motives that had iniluenc^a em in adopting,
in preference to a land t \, the mode of taxa-
tion contained in the " gao' act," for the erec-
tion of those establishm "'X^ * This was taken

1' ■ H

* The lollowing is the address : —
• " We, his Majtisty's most dutilul ;ind loyal subjects, the represen-
tatives ol' Lower Cana/la, in assembly met, humbly approach the
throne, Avith hearts filled with loyalty and atlaohrnent to your sacied
person, your family and government.

" We humbly beg your Majesty to be assured of the loyalty and
fidelity of your people of Lower Canada , and of their zeal for the
support of your Majesty's benign go\ernnient.

<* It is with the most lively e^ratitude, we feel in eomm(>n with
your other subjects in this countiy, the powerful effects of your Ma-
jesty's paternal protection and of your government, on the prosperity
of this province and. on its proirressive population, a<i;riculture and
commerce. But above all we cannot fail expressing to your Majesty,
the pleasure we experience by .'ontemplatini;: in the advancement of
its population and asrricuiture, the increase oj' that fund which is the
most permanent support of its commerce, and of the means of defence,
which must insure to us a continuance of the happy effects of your
Majesty's government.

" It is in the confidence of the importance of these objects and of
your Majesty's paternal care, to defeat whatever is opposed totbfrri,
that we have, in the unadvanced state of this province, thought it our
duty to prefer to a land tax, the means adopted in the act now submit-
ted to your Majesty's approl)ation, intituh-d, " an act to provide for
the erecting of a common gaol in each of ilie di.stricts of (Quebec and
Montreal nsspectively, and the means ibr defraying the- expenses
thereof." And we could not learn that the merchants of this country

X 2

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Chap, up by llie assembly, wiili the speiiker at thoii
^^^ head, to the pirsiilent, with an liuirible address
iHOii. i^> him, in the following terms: —

" We his Majesty's dutiful and loyal sul)jp('tR the repre-
scntativea of Lower Caiiudu, take the liberty of Holicitirr'

ha. 1 taken the means to ol.taiu y.mr Majcstv's disallowance lliercto
V'lthont .•on(Tiviii<4: .1 omdiiivtoisnljriiit to y(>ur Mnirsty the motives
vvliirl, induced ns u> oiWr yon the supply propost-d by fhf;sacf, and
our hnmhle prayers that it may nni l.c (jisallovved,

'< Wcth.relore hnmhly lif.M r.di your Majesty, that yon will ffraoi-
nisly l)e pleased to receive the .supply r.lfen'd by this act, and to with-
hold yonr roval disallowan<-(; lherclV(»m.

" Your Majesty's diitilnl and loyjil subiert.s, from the reiteratcfl
experience of your eojisUinl altfntiuu to l1„dr 'iap])iness. have ever •
rea.Mmto hope that their upplimliori. tlie object of which i.s ardently
desired by the peoi)leof thi.-j provJne«e. may meet with success.

" And as in duly bouud, your Maje.«ty"s iailhliil .^ubj(>et.s will ever
pray lor the honor, prcservatio/i and jiro.^perity of your Maiestv*<
sacred person, your faniily and <roverunient." '

" jMEMoRiAi..eontaiiuu2: the njolive« winch led theas.semWy of Lower
Canada,- to adopt in prelerenee to a laud tax, the mode of taxutioi
contauied m the act of the provincial parliament of Lower Canada'
pa><sed in the 4r)th year of his Maj.-sty's reijjn, cap. 13, intimlcd"
" an act to provnh; lor ihe erectin^r of a common <(aol in each o^
'•' the districts of Quebec and Montreal re.spectively/and the meanh
*•' for defrayinir the cxnen.-^es tlicreof,"

"The a,s.s(.i(ibly couKidereil that there was no com-parison to bc
made between this country and F*:nropo as to the.propriety of a land tax
" fn the mother country and oilier countries ol ]']urope. w.here agri-
culture has biouirht land.^ to nearly the same value, a territorial Inn--
then buars proporfiimally on the i>rop,rty of llie subject, whereas in
Canada, where aL'ncuiture is in the comraencement of its pronress
the lands are in such (hsproporlion that a tax on them at so much an
arpent a.s was proposed, woiiid have been the mo.st imeqnal, as in thai
case, the per!<on whose soil was worth only six-pence per arpent
^" ould pay a> much a.s him whoi>e landed property is worth sixty
pounds an arpent; adi.spropor1ion not likely to happen in Europe but
neverthfcless reaUand even commo* in Canada.

" This tax u ould bear clueily on those who bei,nn to open lands, as
tliey are srenerally pckssessed for the i^reatf^r jxirt of such lands which
are ol little v.ilue. These new settlers, w ho.se labour is so preciou.^
to the province, and who.se ertbrtstend to encreaseits real value and
soil, the mo.si certain basis of its commerce, would be .•^riddled w th
the ij;reaiest part of the burthen at the time when they .should .receive
every encouragement.

-'A lav on the estimated, value of each farm woidd be equallv
imprac1n;able ; the charges oi appraisement and collection would be

af tlirir
address

the repro-
' Bolicitiiii.'

iht? inotixcs
tiwact, anii

I Avill tjraci
uid to With

rpiteratf'd
hiive t'voi/
lis ardently
cess.

ts will ev«'r
r Majestj's

)lyof Lowor
! of taxiitioii
ver Canada.
3, intilulcd,
in each of
the meaijis

ison to be
a hind tax.

here ai;ri-
lorial bill-
whereas in
s progros.s.
so touch an
, as in that
)pr arpeiit,
orth sixlv

nope, but

n lands, as
iiids which

precioa5
value and

ill led With
uld receive

equally

1 would hi-

217

)()ui honor, U|U)ii a sulijt'ct of iho utinosl coiiS(\jiu?nnMo chan.
ihiH part of liisj Majesty's (It'iiiinioiiH. X.

»* Having been infoniu'd, that the mLM'chni\ts of this ^^^v-*'
ooiintry Imve adopted means to ohlnui his Muj«'sty'!* ISoti.
disallowance of the act jjaasud in the last session of the

more bnrthen^oiTie than the tax it-Jolf. Tjic vcvation.a Ih.i* accompany
SMcli a spi'cii s ol' lax, Icll to llu' tliscieliou oi" individuals ai(ain.st
whom the oppressed poor cannot ol'tcn obtain justice, induced tlw;
assetijhly t<> believe that it would he contrary lothe spirit uf the con-
hjiitution which iheiiiothi'r coui\lry has granted to ibis province. 'I'h«»
otliiiu.s and tyrannical as|)».'ct lliat such a lax woiUd e.\hil»it, woul<i
alone be capable ol'dinuni.shinii; those ideas of the ble5),sin>;K winch lh(!
Canadians rxptuience under the paternal ]»rolectioii of \i\n Ma;e«t\ ,
and luuler tU<'ir happy consiiimion. — The pn.'f^ent e\ il,allh(UJ^h rfli^dit,
would be looked upon as the sisfuul of mmie sinistrous chun(jfe. and

would be aui^niciited by appn.hensiori^ of what was yet to !nip|)e/i,

i'hecoiTiparisou they now luake ol their liappy situation with that ol'
_ the neijrhbourin;; atates would no lousier .strike them so tdrcibly.

<* The tax or assessment i»n, lands no\A' practised a^jreeable to th«
ancient laws of the french irovernment tor the erection of churihes.
t'uruishes us with an example ol the inconvenii uccft that would attend
a territorial tax ; for althouirh this assessment k only resorted to in
parishes already established aiid of old Htandin^j^. wluuein the value >)(
lands is less unequal, the new settlers therein sutfer much imposition ,
as their means are tru.'asurod I y those of the old inhabitants. v\h<»
beiuir the jxreater nuiidau' :;ive law t(; them. These assei=sment«,
although very hard in many cases, are far from producinir the bail
eti'ects which a tax imposed by the provincial p.irliament would
have, for the particular, nature ot' tlreir object, and the known origin
of the laws from whence they proceed, removes Irom them every
idea of a lav imposed by the i)resent ;L'overimient, and every appre-
hension of the like ill future; and impresses them altogether with
very dilFerent ideas lo what a tax imposed by the present government
would jiive rise to.

'* Such are the motives that led iht; a.ssend)ly to believe that jjene-
rally, from the unadvauced state of this province, a land tax would
be impracticable.

" In the present case, the proposed tax appeared altoi^ether unjust,
as the iidiabitants of the towns, whose riches consist m moveable
ctlects, would have been totally exempted froln contributing; to the
Luildinj; of jjrisons. wliich are pariioularly nfcessary for securing
their property.

' The assembly considered iceneially, that an impost upon
c Munu?rce, and particuiaiiy ujion objects, such as thost; that are
taxed in the aforesaid act, was the most just, the least felt, and
ihc repai'tition the most e<iual

'■ The complaints of the iiier(diaiitji ajiainst thi.s impost aie
aiifouuded, as it is a well known principle, (hat the con mer
pays ultimately and thai the merchant onlv advances the mone^

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248

Chap. |)r'»vi'it'.ial parliainont, intituled, " An act lor the crcctl«)n of

X, u (M.tiiium ^ao\ in eocli of the diy^tricts of (^uobcc and

"--•"^-*^ Moiiln.':d ri'>(HM!tivoly ; and llie ni(*nns for defraying ihn

isiMi e>;pen>(fs thereof,'' We have coneeived it incumbent upon

us, huinltly to Hubmit to his Majesty, the nu^lives which

in the nwnn tim* .— Ttn' art in (pu'stinti l.icilit.'it* s this uilvnMrc
such a rniinriH!-. iis t«» fake away friuii ihe iiuirihaiit every real
unhjt'fl ot roiriplaiiil.

" It has lifM'ii ftltJMttd tliat the niorrtiants liihour ntulor niorc
«li.««u(lvaiU;i'.M'oiiH rircmiisfani't'S in lliis «'()Mntry tlinn rlj-t.'-wheie on
account ol Ihf dulios, iM-caiise they cannot io-«xpoif; Ihcir pom-
ntiodiiies iVoiii lifn<(' to otht'i- markets. 'I'hi.s ciirnriistance, in li'-n ol'
lu'inj; a .'i.sadvantaiif to lfi(Mn, n|)|>t'ars in their lavour, lor it j^ivcs
them the power of re;;iilatin»? the cornnru'rce of the ronnlry, and
inaUny; the eonsniTier pay the duty.

" ir rrienhants itiiported uood.s to tliis country to re-export them
to other niarliet.s where it.tey wcadd experience a conij)etilion with
foreign nierdiants, who are not liahh; to pay the sanne duties, thcv

would then he exposed to lose those they would liave paid in t|ij,-
country: hul as they »an meet with r!o conripetition here but In. m
traders, who pay the like duties as tliernselves, they are certain, l)\
irnportinif no more commodities, thi'ii tlie country can consume, n(
not paying the duty ; and if they import too jjreat a «|uantily, ti.i
evil is not to he imputed to the duties hut to their own imprndencf.

"The project ofa land tax for Ixiilding prisons, originated with \h>
representatives of Montreal, at which place the company of tnercliai,'.-
reside, who carry on the fur trade in the Indian countries to Ihf
north west. If in a certain sen.se it is true that these merchants pa\
the impost upon the elhcts which they re-export to these countri. s.
it is because usir.^ the power they hold of getting the higta.':
possible price in a place where they meet with no competitors, they
cannot add the amount of duty so paid by thi-m.

" The iissernhly respect this trade, however contrary it may he l"
the popuhition of the country, and to the advancement of its A^ii-
cullure, on account of the lu-Tielits supposed to arise from it to the
empire in iicneral ; hut did nol conceive it necessary w holly t('
sacrifice to that trade tlie dearftst interests of the country, particularly
those of its population and agriculture, which holds forth rnoii
certain grounds for its commerce and ilefeiu-e than th*^ fur trade

" Much has been said about the pris(»ns being local objects and
that on that account they should not be provided for by a genonii
jnijwst. This objection was only a pretext for ol)taining a land tax.
V hich according to the ideas of the Montreal merchants, was tlit
oidy one that could be put in practice in each separate district. _ 'I'hc
assembly would not have imposed the impost being put upon the
trade of each particular district, if the merchants had preferred it
but it was found that their 0})])osition was not the less again.'^l liit
tax upon commerce in either shape as their view was to get it \nv
upon the lands. No just reason could operate for the lax befng pui

21^

iii(liice<l the afjH(}nil)ly to adopt the m(Kle of trixalion con- (^hnp.
taiiiotl in the Hnid act, antl to expose to liis Majesty by X.
humble adilrcss afiil petition our prayers, that Uo. may -^-'-^
graciously h«.' pleased to accept the s\ipp!y olVereil to Iiiin l^'>*>-
by that act and not '/wo thereto his royal disallowanrr.

" The attention ol" your honour to the interests of tho
empire and of this colony, and your good will towardn u*>,
give us reas«on to hopi3 you will acquieHO ie mw presei\t
rocjuest, that you will bo j)leased to tcaiHtnit to the foot of
the throne, an humble petition to his Majenty and fh..»
ineniurial, cofitaining the motives which induced tho
aHsembly to prefm-, to a land tax, the mode of taxation
ailopted in th'^ aforesaid act.'^

To this Mr. Dunn onswered: —

** Gentlemen, — Not havinj^ until this moment, had com-
munication of your humble memorial, address, and petition
to his Majesty, I can only say, that you may depend on my
transmitlin;^ them by tho first o iportunily, to his Majesty's
secretary of state, for the ])ur[)ose of their bein^ laid at
the foot of the throne, unless on a deliberate perusal
thereof, anv part should apj>ear to be exceptionable, in
which case I shall acquaiitt you therewith by message, on
Monday next,

nbly

This i^ave some iinibra2:e to the assc
which, from an oversi^L>;ht probably, had omiltet

upon oai'h sppanito districl. tor thf disfrtct of Throo RivtTs was
alrt'iuly provided witli a prison which it iiud not sepuiutely j>aid, aa<l
llie dislviols of (^uehec and Montreal, having the same need of
prisons, tho mode resorted to iippeared to be the fairest.

Besides, sucii a sepanitioti did nol appear more necessary for th*«
l)uil(lini; of prisons than the erection of court houses and otliei
pxpendituresattcndinii; the administration of justice 'in th»'se districts :
iiud a proof that the same strictness rehitiusf to local objects is not
;; ways attended to, the province is daily incurrin|]; expenses for
Mi liters which if scrutmized with an equal jealously, wculd appear
as much of a local nature as the prisons : such iVtr example as the
expenses voted for the road of conuiiunicatioii *^.ilh L'pi)ei- Ca>ia(hi,
and the improvement of the rapids in the fall>j oT Saint Lewis, nhich
particularly tend to tlie advantage of the .Moi;tr('al trade, ani the
result whereof will increase that opidence wLich already snggeslis
to it, ideas of a separation in regard to taxes,

JiiillN

IdCMi

V 150

Chap, previously to communicate a copy of the ad-
-^ dress to the president, wlio deemed himseif
entitled to a communication of its contents,
before pledging himseif to its transmittal, and it
accordingly resolved itself into a committee
to take into consideration the president's an-
swer. Some debates arose, but the house
adjourning for v/ant of a quorum, the matter
was not resumed. The act was not disailowctl
by the king, and the gaols at Quebec and
Montreal were consequently built by means of
the duties imposed by it on the trade, and
which, affording a considerable revenue, were
afterwards continued and made availa])l(;
towards the defence of the province, durini;
the war with the United States

The president prorogued the session on the
19th of April, with some expressions of dissa-
tisfaction that " the necessary business" of it
had not been completed, which he was " of
opinion would have been the case had not
so many members declined oivinir their custo-
mary attendance. But," — added he. — " whilst
I lament with reason, a want of zeal on
their parts, for the public service, my best
thanks are due to you, gentlemen, for the ready
attention you have paid to those objects which,
at the opening of the session, 1 recommended
to your notice.

The accounts of the previous year, (l-Stl^,)
laid before the assembly this session, shew'ed
a revenue of i)47,15.3, currency. The civil
expenditure of the year came to «£3/j.4()9,

(,'

f the ad-
J himself
contents,
ttal, and it
committee
lent's an-
lie house
lie matter
isai lowed
lebec and
means of
'ade, and
me, were
availa])le
e, during

on on the
; of dissa-
ess" of it
was " of
had not
ir ciisto-
-'* whilst
zeal on
mv best
he ready
ts Vv hich,
amended

(J805,)
shewed
Ihe civil
|£3r;.4G9,

251

sterling, including £2,000 to general Prescott,rhnp.
(absent) and ct*3,406 to Sir Robert Shore ■'^•
Milnes. To this is to be added the sum of jj^^X
£2,604, currency, for salaries to the officers of
the legislature, which still exceeded by £869,
uie revenues appropriated for defraying them.

During the summer, 191 vessels, chielly
quare-rigged, measuring per register 33,474
tons, from parts beyond sea. entered at the
custom-hcuse, Quebec. Exclusive of these, a
great number of coasters were continually
employed between Quebec and the bays of
Chaleurs and Gaspe, coast of Labrador, tht.'
king's and other posts within the gulf and river
St. Lawrence. vShip-building also, to a consi-
derable extent, was now carried on at Quebec.

The first number of ** Le Camidien,'' a
newspaper, entirely in french, issued in Novem-
ber of the present year, in Quebec, from a
small press procured for the purpose, by the
contributions of several Canadian gentlemen,
with the professed intention of vindicating the
french Canadian character, frequently aspersed,
as they deemed it, by a press of the other lan-
guage, in Quebec, and to repel the constant
assaults from it, of W'hich they believed they
had cause to complain ; and to instruct their
compatriots in their duties and rights as british
subjects under the constitution ; in themselves
just and commendable purposes. But it far
exceeded these, by constantly appealing to
national prejudices — subversive of the harmony
which until then had prevailed between the

,1:3} ):■ -.i

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252

chi.p. i^wo races, and with it commenced the reign c'
^ agitation and discord which at\erwards unhap-

^oT P^lv distracted the province. It was from th*'
outset, anti-executive in politics, anti-comraer«
cial in its doctrines, and, indeed, anli-british in
spirit, treating as anti-canadian every thin!<
british in the colony, and the british immigrants
<md po|)uiation as " ctr angers et iiilrus,'^'-
strangers and intruders. It was, however, con-
ducted with ability, became pojadar, and gav^'
umbrage and uneasiness to the governme.it,
which, as we shall observe in the sequel,
put it down with a strong hand, and in a
manner, however necessary it may have
been deemed at the time, by the executive,
not yet moulded into " responsible govern-
ment," assuredly altogether ^'Teconcileabli^
with cnglish notions, ancient or modeni,
of civil liberty and the freedom of the
press /^"

* Tiiou^'h someAvhat before the time, it may not be out of plac-- u,
relate here an anecdote in relation to that pa'ier, both as explanafnry
of the moti\-ori fur its (establishment, liom one of the concernoil,aii(i
as characteristic of this frank old soldier, but rather peremptory
civil 8;overnor, \vhich the reader may digest until -we. introduce him
to the slorn viceroy in person.

In consequenct of perqui.sitions by the executive, some eighteen ur
tMenty months after the establishment of *' Ze Canadien,^^ as to the
jn'oprietors or persons upholdin-j: tlie press whence it issued, it u.ih
.li^ceruiined that anions theui. Mr. Plante, a notary of respectahilit\.
at Quebec, holdina; the ofli cial situations of <' clerk of the terrars."
and ''.inspector jieneral of the ki'^t^'s domain,-' was one. This genilc-
man was acconUniily dismis; sons ceremonie, from his offices.

In a remonstrance to the governor's secretary, requesting an aiuii-
ence of his excellency on the occasion, he statt;d in a letter, vvritten
in french, which, for the convenience of the enc;lish reader, is her*
translated, that — " I'he paper" (Le Canvdien,) " to which youaihuie.
was established in consequence of the calurruiies a^id injuries heaped
by another paper habitually, upon the assembly and principally lu "ii

253

)vernmex.t.

istirifi an addi-

those "W'ho had voted in il against a land tax. I was, in truth, one of
those who feeUng those ijuputations to he nnnieiiled, favored the
establishment of this paper, to have the means of defenchng rny cha-
racter, and that ol'niany others who\\>>re assailed. I never have
been the rcdacteur oi it, nor meddled with it in anyway.. I have
disapproved highly and still disapprove many articles pnbli.shed in it
the government, but I am not more than you, sir, the

(.'oncernmg

master to prevent their pu!)lioation. If I were, you should never
have seen them," This letter was followed up two or three days
afterwards, by a deposition on oath of the editor, that during his
editor.ship. i.e. from the beginning of February, 1807, to March,
1808, Mr. P. had no part in its direction, nor written any thing that
had appeared in it against the administration of the government.

Whether Mr. PlauttS was admhted to the audience he requested,
does not aj)pear, though it is luobable he was ; but the following ib
the answer given him on the occa.sion, by command of the governor,
Sir James Henry Craig, whose autograj)h on the subject is still
fxtant: — '' Mr. Plante to be told that 1 have in no respect altered my
opinion relative to his (Conduct towards his Majesty's governrnejit.
His duty as a servant of the crown should have led him to take effec-
tual measures to prevent the possibilil.y of the publication in ([uestion,
having the sanction of hi.s name. The \ery circumstance which he
alleges of his having expressed his disajvprobation of the publication
as it has appeared of late, proves liis intimacy with those who did
encourage and direct it, and points out the necessity he was under of
taking the stop I have mentioned. The anxiety wbich Mr. Plante
shews to exculpate himself, however, gives me grounds for believing-
that he is sen.sible of the indecency and dangerous tendency of such
licentious writings ; trusting, therefore, to his )wn feelings on thtt
occasion, and in the hope that in future, without neglecting rus duty
to the public, he will, r;evertlieless. bt:;ar in mmd vvhat he owes to the
rown, I am willing that he .should (•ontimie in o/hce, the loss oi
which, I understand, would be much felt by 'a numerous family."

Though arbitrary, he was far from implacable and not destitute ol
Ihii milk of hurrian kindness. But we are, perhaps, forestalling.

807

Mr. Dunn being still unrelieved of the govern- chap.
ment, met the legislature on the 21st January, J^_
1807. fie observed to them that the act con-
ferring on the colony its invaluable constitution,
having enjoined the annual meeting of the legis-
lature, it had again become his duty, owing to
the absence of the governor and lieutenant
governor, to call them together, and he felt
confident that they would cheerfully continue
the same laudal)le endeavours which they had

< ':^

254

Chap, hitherto exerted with such good effect, for pro-
^ moting to the utmost, the vvell'are of the
1807. province.

That their experience of (he utility of the
several temporary acts in force, rendered it
unnecessary for him particularly to recommend
the renewal of them, and that he was sensible
it would be doing them injustice were he not
to rely on their adopting, with zeal and unani-
mity, such other measures of a legislative
nature, as the public interests might require.

He was particularly happy in having occa-
sion again, to congratulate them on the brilliant
success of his Majesty's arms. The conquest
of the Cape of Good Hope, o highly advanta-
geous to the interests of the bntisb empire in
the East Indies, and the repeated victories
gained by a small number of british forces,
under the command of Sir John Stuart, in
Calabria, were among u.e mo?t important evenr<
of the iast ■ •. elve months, and in proportion as
they coiistnbuied to the splendor and stability
of the british ei^ipire, they w^ould, under the
blessing of divine providence, tend to secure
to this part of his Majesty's dominions, the
solid advantages of freedom and tranquillity.

The assembly heartily responded to the vene-
rable and respected president : — '* It is highly
flattering to us," — said they — " that this meet-
ing of the legislature, enjoined by our invalua-
ble constitution, and in the absence of the
governor and lieutenant governor, should take
place during your honor's presidency, since

anothe
dering
whici
among
fying^
offer e(
Dunn,
the cou
cantile
the pre
charact
of thos
best of
them. '
« the ui
your he
and we
regret y
confidei
An e
obtainin
penses
reside a
subject
poneme
ration tl
agent, i
pose of
vince,
determi
ous to
resideni
I

:i „' ,^

255

Pi I

mother opportunity is thereby afforded, of ren- chap
daring to your honor that tribute of gratitude ^^
which your conduct, during so long a residence TsoT
amongst us, so justly merits." A more grati-
fying and disinterested encomium could not be
offered, bespeaking alike the worth of Mr.
Dunn, an english gentleman who had come to
the country, shortly after the conquest, in mer-
cantile pursuits, and resided in it from that to
die present time, and the just appreciation of
character and friendly disposition, on the part
of those with whom he had thus lived on the
best of terms, equally creditable to him and to
them. " tiaving experienced," — they added —
^^ the utility of the temporary laws now in force,
your honor may rely on their being ^Ci^ewed,
and we hope that you will have no oause to
regret your public and honorable testimony of
confidence in our legisladve proceedings. '

An effort was, this session made tov-aro^s
obtaining *' an allowance for defraying [he ex-
penses of the members of the assembh who
reside at a distance from ^ lebec," t)ut *he
subject was disposed of (1 to 14,) by a post-
ponement. The house als- took into conside-
ration the expediency of having an authorized
agent, resident in Great . ntain, for the pur-
pose of attending to the interests of the pro-
vince, when occasion should require, and
determined that it would be highly advantage-
His to have such, legally authorized and
resident there.

III

Mr. Lees, one of the members representin

fe.^i^i^,^^:^:';^^''^^

256

rhap. the town of Three Rivers, dying in the course

ciL. ^'' ^^^^^ session, a writ had issued for the election

is()7. of a member to succeed him, and Mr. Ezekiel

[Hart, a merchant and old and respectable inha

hitantof the town was duly returned, but the

return not being made until the last day of th'.'

session, he did not appear to take his seat, before

the beginning of the next session. Mr. Hart was

a jew, highly esteemed by his neighbours and

his fellow-townsmen, as a man of reproach -

less life and upright character ; but the gooii

christians of the assembly, nevertheless, tool:

exception at his religion, as will be seen in the

following chapter.

The assembly continued the alien act, anil
the act for the better preservation of his Ma-
jesty's government for another year, and passed
also a variety of others unnecessary to be
detailed. The business of the session havii^^
been diligently followed up and brought to as
fa\orable a close as could have been desired,
the president prorogued it on the 16th April,
warmly thanking the members for their zealuu
attention to the despatch of the public business.
" I feel it in a particular manner incumbent on
me to remark," — said his honour, — " tha* a
more laudable spirit has never been manifested
since the establishment of our present form nl
government, than that which I have had the
high satisfaction to observe in the bringing!;
forward the principal acts of this session ; and
I consider this as an indubitable proof of a sin-
cere devotion to the best of sovereigns, and :i

just se

invalu;

appreli

whose

two gr

of host

vated I

Cliesa

by cap

I lis su}i

Halifax

known

by her

fired U]

of for '

taken fr

"iix and

by the a

crew in

This ;^

hours, ^

.a matter

quently i

particuk

presidei]

a counte

Canada,

towards

order, ^

or other

the prov

in readi

2/) 7

.e course-
election
, Ezekicl
hie iiiho
, but t]i«^
y of th'
atjbefort
Hart was
lurs and
eproach-
he good
ss, took
en in thr

act, and

his Ma-
id passed
■y to be
•n having
^ht to as

desired,
th April,
• zealuu :•

)usines.s.

ibent on

tha* a

nifesled

form oi

^ad the

3 ringing

rn ; and

of a sin-

and ■'

just sense of the blessings resulting from our chap,
invaluable constitution." -^

During this summer there were serious";^
apprehensions of a war with the United States,
whose interests were suffering between the
two great belligerents of Europe. The feeling
of hostility throughout the republic, was aggra-
vated by the atfair betwrM^n the Leopard and
Chesapeake, in which the former, commanded
by captain Humphreys, pursuant to orders irom
his superior ollicer, admiral Berkeley, on the
Halifax station, to recover certain deserters
known to be on board the latter, though denied
by her commander, commodore Barron, had
fired upon and momentarily taken possession
of for the purpose of searching her, and had
taken from her four deserters, unhappily killing
six and wounding twenhj-one, as it was said
by the american accounts^ of the Chesapeake's
crew in the enforcement of her orders.

This state of public feeling among our neigh-
bours, who talked of walking into Canada as
.a matter desired by the inhabitants, and conse-
quently of easy and welcome accomplishment,
particularly to the natives, it was deemed by the
president, Mr. Dunn, necessary to meet, by
a counter demonstration of the public pulse in
Canada, on the same subject. He accordingly,
towards the end of August, by a militia general
order, gave directions for draughting by ballot ^
or otherwise, a fifth part of the whole militia of
the province, with orders to hold themselves
in readiness to march whenever it mifht be

Y 2

uSSiMfefi&.v..ii-„f ^,£4.-, ^!-^.-.^ ■ ,'s»iipV-:^

(

ll'f

■

1 •

lii'

t .

f\<

■ ^ i

f ill! ^

258

'■'}^^*' found expedient — The command was no sooner
.^.v^^iven than accomplished. Never was order
i«i<>7. obeyed with more cheerfulness, alacrity, and
j)atriotism than it, by all classes of his Majes-
ty's subjects, and not to obedience nuu'ely, but
to emulation. The romaii catholic bishop,
monseii2:neur Pl6ssis, issued a mandanent or
j.)ast()ral letter, on the occasion, which was read
in all the churches of his diocese, and a te
deum sung in each throughout Lower Canada*

* The Ibllowinc^ is the gehoral order issu»'<l, aftf-r the ballot, on th»^
'>rcafiion : —

" Castlk of St. Lkwis, Quelxjc, 9Ui Sept., 1807.

"The p. esifloiit and coniinundfr in chicj Of Ihe p)o\i)i('e havin.j
received the returns of the militia who have been commanded, under
tKe general order of the2Uth August, to hold themselves m readiness
for actual service ; havinijalso received from ii)e couiniandintj otficeis
of battalions in the districts of Quebec, Montreai and Three Jlivers, .i
dt'tailed report of the spirit and disposition manifested by their resiH'c-
tive corps, feels it incumbent on him, in the most pid)lic manner, t<»
express his ptnl'ect approbation of the conduct of the vi hole of the
militia on the present occasion ; with the exception only of some few
individuals, who, by their ill-conduct, have rendered themselves con-
temptible in the opinion ot their fellow subjects.

" The president also feels himself justiiiod in asserting that a more
ardent de\otion to his Majesty's person and government, has never
been witnessed in any part of the biitish dominions ; and it is particu-
larly to be reinarked, that the idea of defending tiieir own families
and their own property, has appeared in manner to have been absorb-
(h1 in the minds of all descriptions of persons in this province, by th(!
more general sentiment of coming forward in the cause of a justly
beloved .soveteign, and in support of a form of government, which haa
been proved i;y experience to be the best calculated for promoting the
happiness and securing the liberties of mankind.

'• Tlr.e adjutant general has it in command to make known to the
o/ricers, non-commissioned officers and privates of the militia, the pre-
sident's warmest approbation of their conduct ; and for this purp<^s«^>
he u ill tranvsmit a copy of the present general order to the several com-
miuidinK officers, who will cause the same to be publicly read tt> tJ-ieir
respective corps,. They will, at the same time, make known to them,
that the president will avail himself of the earliest opportunity to
transmit an account of their conduct to the secretary of state, for the
infoi;nation of their most griK'ious sovereign, assuring them moreover,
that he will consider it as the highest happiness of his life to have had

259

) sooner
s order
ity, and
Majes-
ely, but
bishop,
neni or
/as read
nd a te
anada*

Hot, on \\\f

)t., 1807.

[)ce havin;j
idt'd; under
n rradinofis
intj; otfioeis
e llivers, a
\eir refc!|H'(.'-
niiririer, i(.
ole of tbf
some few
reives con -

lat, a more
has xw^Je\^
is paificu-
n I'amiJieft
;n absorb"
ce, by the
a justlv
which has
loting thi>

ivn to the
a, the pre-
s purpose;
eral com-
d tt' Ibeir
1 totheni,
tuuity to
e, for the
noieover,
have had

Cimp.
X

The Quebec Mercury observes: —

** The tii'Bt draught was, in consequence, mude, on the
Htplanaib;, from tlit; first battalion, of the Canadian militia, 7ao7^
on Tues lay, (25tli August,) from the second battalion on
Friday, and from the hritiah battalion, by ballot, yesterday.
We should be wantin^jin justice to our co:ii[»atriol8 did we
say less tlian thai, never, on a aimilr.v occasion, could tiiere
be manifested more cheerfulness, alacrity and zeal, than
were sliewn on these occnsions, as well by the Canadians as
l)y the british. Numbers volunteered their services. The
■iftillery company, <he two Hank companies, and captain
Burns's battalion company, who are the strongest and l)e8t
.lisci))iined of the british, have, to a man, formally tendered
fheir services. Sums of money were otfeied by individuals,
for prize-tickets, for hucIi the tickets were called which,
in balloting, were for service. Some young bachelors pro-
iure«l prize-tickets from the married men, who had drawn
for service : but the greater part of the latter insii^ted on
Keeping iheir tickets, notwithstanding that offers of exchange
were made to them ))v other bacltelors.

*' Too much praise cannot be given to the animating lan-
guage of the field-oflicers and others, in their i<[)eeches,
addressed to the dilTerent battalions and companies, on the
occasion. The whole has been attended with much festi-
vity and iiilarity.

•■' We hear that equal cheertulness and ardour have ma-
nifested themselves in the dilVerent country parishes.

" With sucli a spirit among us, what have we to fear ?
.>;urely not tiie windy resolves or inllammatory paragra})hs of
undisciplined democrats, wdiero there is not suHicient energy

such an opportunity of doing jiisticf; to 'Jie zeal, loyalty awl public
spirit of hid Majesty's subjects in this province.

(Signed) '^ THOS. DUNN,

•' President and cornrnander in chief."

•' ]iy his hi»uor's command,

" Herman W. Rylaiid, ^iecretary."

To colonel Baby,

•' Adjutant general of the militia of J^ower Canada."

'ii 1

[I
w

M I

iiili^i

1 '1 "

1 ;

- iiya||

i 1 •

ifl^l

Ih^

Cliap
X.

1807.

260

in the govcrniui^ powers, to proiiiice anything liko iiuliordi-
natioii or regular ohedionce to con^inrinnd."

The gallant colonel Brock, who then as
senior military oilicer commanded at Quebec,
seconding with characteristic industry and
energy the president, also immediately set ai
■work to put the garrison and rorlilications in a
state of defence, to inspire with confidence
those who might be called upon to share in the
honor of defending it, making every addition to
its natural strength, that science, judgment and
prudence could suggest.

The revenues of the last year, ( 1806) by the
accounts rendered this session, amounted to
.£36,417, currency, and the civil expenditure to
£36,213, sterling, including .£2,000 to general
Prescott, as governor in chief, and £1^500 to
Sir Robert Shore Milnes, the lieutenant gover-
nor, both absent ; Mr. Dunn, receiving accord-
ing to those accounts, only his £750, as one of
the judges of the court of king's bench for
Quebec, although not acting in that capacity,
while president, and £100 more as executive
councillor. He, however, on being relieved
of the government by Sir James Henry Craig,
as governor in chief, retired with a pension of
£500, sterling, a year, being also allowed at the
rate of £1,500 a year, as president and admi-
nistrator of the government, for the time he had
served as such, in addition to his salary as judge.

The subjoined article, from ** The Quebec
Mercury" of 1806, may be interesting to the
descendants of the families mentioned in it, and

e suhortii-
tbcMi as

try and
\y set at
ms in a
ifidence
e in the
lition to
ent and

) by the

rited to

itiire to

general

)500 to

: gover-

Uicord-

one of

ich for

pacity,

L3cutive

:}lieved

Craig,

si on of

at the

admi-

he had

judge.

(ueber

to the

it, and

2C1

is inserted here as a historical record worthy cimp.
of being preserved : — ^■

** Tho following has been handed to ns for pnbUcalion, 1S07.
as coinincmoralivc of those families, in the prov ince, who
were ditilirjL'niyhod under the riench government. The
j)ride of avicestry, within due l>oundH, is certainly luudahie,
becauee it has u tendency to iireserve, in the de8<'endaias of
such families, tliat nobility of sentiment, that nice sense of
lionor, that loyally of attachment, and, to adopt a beautiful
and expressive nntithesis of the great Jiurke, that proud
submission, which, in general, <'.hariK'teriz(^ the well-born.
The giving]; publicity to their names may not only serve to
awaken those feelintis which, otheiwisi', miglit lie tiormant ;
but it is furnishing that kind of nitormation to the commu-
nity at larj^e, ofwhicJi no society should be itrnc/rant. Tiie
list is the production of :Mr. Cugnet, the trench trauv-lator io
the governor and council, the autlu ntitity of vvhoBC local
information is beyond all questiun.

" Namks ol'the roots orn(>[)lornnnilies in Cimailn. the titles of which
are unquestionable, and v.hose children and descendantii huv«r
remained in the province since the conquest, viz : —

Families ivhuse titles of nobility are cmcgisiered : —

Baron de Longueuil, tille granted in 1700.

Hertel,

Boucher,

Louis Couillaid De Beauntionl,

Aubert De La Chesiiay,

Juchereau Duchesnay,

Families whose nnccstors received the title of esiiuirc^ in thiir

coininissions as ojjicers :~~
Xavier De Lanau^lit^re,

■ ennobled m Canada.

De Laniry,
De Nonnanville,
Diiverger,
Denoyelle,

Sabrevois Dp Bleury,
Deiiys De ia Jioiuie.
De JKicharville,
De MontJgny,

Came out in the regiment nf
Ciriirnan.*

► The re;.':inii;nt ol"Cari:.aian was
the <ir.st that arrived iu Canada,
about the year lti52 or 16o3.

* These officers were all necessarily gontltmen by birth

^^>,

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

l^|2^ |2.5
t^ 1^ 12 2

1.4 1,6

I.I

1.25

^^-

¥V^i

Photographic

Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

^4^

'<b

'«^

.1^

ill!.

262

lau7.

Dailkbout,

J)e Li. Corne,

De Boaujt'U,

St. OursDe Derhallion,

De Varonnps.

Chabert de Jonquieies,

Desbergers i)e Rigauvillc,

De La Valtrle,

De Ganne,

Picot<:- Do Bolestre,

Chausse<iros De L6ry,
De Bonne,
De Vassal,
De Salaberry,

Officers in the rolonial
corps.

Engineer JT) do.

O/Hccr ill the colonial serx'ice.'
Oificer in the queen's regiment.
Captain in the royal navy.

■ y ^

Families whose anccslors were connciUors in the suverior council
established in 1663, /;y act of I he varlament of Paris, the vro-
visions of which are enregistercd ':—

Damour Dudiaufuur, in 1663, /Irst c^iniciilor.

Villeray,

Lepinay, > in 1670.

La Durantaye,

Chartier De Lotbinitire,

Hazeur Delorrne,

Gniheniin,

De la Fontaine,

Taschereau,

(lodefroi De Tonnancour

1680, first councillor.
1700,
1715,

1730, * '•

1732.
held the title of esquire, by the kini,''.s

conmussion of Ueutenant-general of the district of Three Rivers."

263

i!g.„x;

al service:
8 regiment.
[ navy.

ior council
, the pro-

the kinsjf's

.ivers.

CHAPTER XI.

Arrival ol* Sir James Henry Craig — afisumes the government
— his militia general order — con\uke8 the legislature —
speech — eligibility ofjiulges to parliament consideretl- bill
disqualifying them passed by the assembly — rejected in
the legislative council — seal of Mr. Hart vacated bj a
resolution of the assembly — various proceedings of tlie
session — r'peech and prorogation — revenues and civil
expenditure of J807 — general election— sundries — new
parliament meets— IVlr. Panel again speaker— topics of
the speech — the eligibility of judges again considered —
Mr. Hart re-ex))elled — prorogation and dissolution-
governor's speech — he makes a lour of the province —
first steamer in the St. Lawrence — arnVi '? from sea at
Quebec — revenues and expenses of I SOS — Sir Francis
N. Burton, lieutenant governor, vice Sir R. S. Milries.

We are now, as the reader will soon perceive, ('hap.
enterinoj upon more mterestma: times than we
have yet met with in the history of Lower i^o7.
Canada. Lieutenant general Sir James Henry
Craig, the new governor in chief, arrived in
rather ill health at Quebec, on the 18th Octo-
ber, 1807, in the Horatio irigaie, and on the
24th of the same, relieved Mr Dunn of the
government. The United States were at that
period, as previously mentioned, breathing a
hostile spirit against Great Britain, and fierce
for war, and it probably was in anticipation of
a brush with them that this distinguished officer
was sent to their neighbourhood, where it was

' ' I

111

I ill)

i :

264

Chap, ^^t unlikely there soon would be business in
^i his line. He, however, did not deem it neces-

"CT sary to or^janize the militia, nor make anv
demonstrations oi deience, there being no hos-
tile movements in the neighbouring republic to
create apprehension in his mind, of an imme-
diate rupture. The people of the United States'
were universally under the delusion that a
declaration of war on the part of that govern-
ment, would be hailed in Canada, particularly
by the population of french oi'igin in it, as the
harbinger of its emancipation from british
bondage, and that if they did not actually rise
en masse to welcome and aid their deliverers,
they would certainly allovv themselves to fail
an easy conquest to the arms of the Union,
and that the americans had only to walk in and
take possession — Never were they more in
error. But the british government entertained
very different sentiments of the feelings and
loyalty of its Canadian subjects of all origins,
to whom, confiding in their loyalty it did amphj
justice, as the militia general order (below,*)

f '

♦ '^ G. 0." "• Castle of St. Lev/is,

" Quebec, 24th November, 1807.

" Among the earliest olijects relatiiii? to the s^overnmejit commiltt 1
to his charge, that attracted the attention of his excellency the cap-
tain general and i:^overnor in chief, on his arrival here, it was vvirli
singnlar satisfaction that he received the reports of the. state and con-
dition of the militia of the province, of the steps that had l)een taker:
with regard to it, and of the uniform sentimejits of attacliment to his
Majesty's person and government, of zeal for his service, and of rea-
diness to stand forward in defence of the colony, that had so univer-
sally shewn themselves, among all ranks, on the occasion. The-
sentiments, as they reflect honor on the brave inhabitants of the p;("
vince, have been ]>roperly noticed and acknowledged by the honorah'f'
the president, who was at the time in the admimstration of the

isiness 111
it neces-
lake any
g no hos-
?public to
an imme-^
,ed States
m that a
It govern-
iiticularly
it, as the
Ti british
tually rise
ieliverers,
es to fail
he Union,
alk in and

more in
ntertained

ings and
11 origins,
did ample
(below,*)

mber, 1807.
lent commitU'l
llem-y the oap-
;, ii was wirli
'.slate and oon-
lad been takeii
aclmient to his
CO, and of re;i-
had so uriivc r-
casion. The -
ants of the jm«-
y the honoral)'-'
stration of thf

265

issued by Sir James Henry Craig, shortly afterchap.
his arrival evinces. xi.

government., by his order of 9th September ; and tliey will now have
tiie further satisfaction of knowiu«<, that lie has not failed in doing
ihem the justice, ol impressing upon the mind of the sovernor general,
that favourable opinion of them, to which their conduct has given
them so good a claim.

" Among the particulars of the several reports of the inspections,
thai have been laid before him, il was with much concern, that the
governor found his notice drawn to a very gross instance of misbeha-
viour and insubordination, in the parish of TAssomption, in the dis-
trict of Montreal. Upon enquiry, he learnt, however, that this outrage,
fi.s subversive of ail discipline, a.s of the public peace, had b<;en imme-
diately suppressed, and that the persons concerned, having been
brought to trial before the courts at Montreal, wero now suffering the
punishment due to their demeritij, under a sentence of twelve months
imprisonment each, in addition to the several fines of ten and live
pounds, in proportion to the d(>grees of their respective criminality.

" Brought to a sense of their misconduct, and under every impres-
sion of contrition for their past errors, and of the obligation of atone-
ment by their future behaviour, these culprits have now thrown them-
selves upon the lenity of his Majesty's government, and implore that
mercy which they know is so liberally extended, where the object
can shew a claim to it.

" Their petition to this effect, backed by the recommendation of
the majority of the judges beJbre whom they were tried, aad who cer-
tify as to their present appearan»-e of repentance, and by tlie colonel
of the district to which they belong, who urges the sufferings of their
numerous families, has been presented to the governor, and his excel-
lency having taken it into consideration, has thought himself permit-
ted, in this instance, to overlook the faults of a few where they are so
amply covered by the general merit, and he has accordingly directed,
bis Majesty's pardon to be made out for the persons in question.

" In making known this instance of the forbearance and lenity of
his Majesty's government, his excellency has in view, a more particu-
lar communication of his sentiments with respect teethe militia estab-
lishment of the province, and of the expediency he feels, that it be
kept up, with every possible attention to its organization, and the bef-t
degree of discipline, of which it is susceptible. Everyone must be
sensible, that u]von these, must depend its efficiency in resisting the
hostile attacks of an enemy, and every one must feel a pride, in owing
to himself alone, his own safely, and the protection of his wife, his
children, and his property. That this laudable spirit pci vades through
the inhabitants of Canada, their exulting acclamations when lately
called upon, has loudly proclaimed,; and his excellency has no doubt
that an invading enemy, if .such should present hunself, will find il
verified to his cost : they will fly with alacrity to the depots of arms,
that are arranging for their use; and they will employ them with *
courage, becoming the cause in which they will be engaged.

1807.

*^ J

ft.

lit t' 'il

266

m III

^ ■

i\ ih

'. ,i

Chap. He assembleil the legislature on the 29th

,^J^ January, 1808, going down in great state to

i8();'<. open it, and cheered by the assembled crowd.

' The speech embraced nothing remarkable,

but, nevertheless, may be interesting : —

" (lentlemea of the legislntive council, and gentlemen of
the house of assembly, — Having been honored by his Ma-

" His excellency has the most perfect confidence, that the laws of
the conntry, will atali times meet the most ready suhmission. The
wisdom of the lej2:is'ature has pointed out the duties of the militia, and
if any thinjj fiullier is found wantinjj, to ji^ive it all the energy, and array
it in the best form, of which it is capable, it will besou<(htfor in th('
same source. In the mean time, the brave Canadians of every desicrip-
tion, will rest in tranquil reliance on tlieir prn<lence, and on the vigi-
lance and care of the executive pait of the i^overnrnent,

•* But his excellency the fijovernor, I'lnther thinks it rijjht, to embrace
this opjiortimity, of earnestly exhortin;^ the inhabitants hx general, to
be on their u;uarda2;au)st the treacherous arts, and insidious language
of emissaries who will doubtless be employed to seduce them from
their duty. That such will be dispersed among them, there is little
doubt. But they will have little weight among a rontented an<l happy
people, who feel every moment of their lives, the protection and blcsis-
ings that they enjoy, under the british government. They will spi^rn
with contempt, ladaljhorrence, at the traitors, who would lead them
to swerve from the sentiments of honor and duty, which now actuate
them in their attachment to their king ; and they will only feel more
determined in their resolution, to shed the last drop of their blood, in
defence of his government, and in the protection of their wives, their
children and their property.

« In order, however, the more eifectually to prevent the bad effects,
that might jwssibly attend the efibrts of thesie people, among the youn;.:
and ignorant, who are always credulous from ijiexperieiioe, anil fre-
quently misled because unsuspicious of the design with which they are
addressed, his excellency the governor earnestly recommends and com-
mands, that all well dispo;^ed militia men in the province, do carefully
watch over the conduct and language of such strangers as may comr
among them,' and that wherever these are of a nature to carry witl>
them a well grounded suspicion of any evil intentions, they do immedi-
ately apprehend, and carry them hefore the nearest magistrate, e:
militia officer, in order that they may be dealt with according to law

" The portion of the inilitia, amounting to one-iifth, directed to Iv
ballotted for, by his honor tlie president, is to continue to hold itself u
readiness, to assemble, on the shortest notice.

« J. H. CRAIG, Governor,
«* By his excellency's command,

Herman W. Ryland, Secretary.
'< To colonel Baby, adjutant-general .-. ^ .

of the rnilitm of Lower Canada.''

the 29th
It state to
ed crowd.
;m«irkable.

gentlemen of
i !)y his Ma-

lial the laws oi
)mission. The
ho militia, amt
iergy>a"tiarra\
oujihtfor in Iht^
f every descrip-
andorithe vit^i-

is{ht,toembra<»
Is ill general, to
(lious languaiT'
lice them frotn
1, there is litll^'
Mited and happy
action ami hles;-
riiey will spi;rr,
vould lead thein
chnow actuate
only feel mow
their blood, in
leir wives, their

the badeilects.
mong theyounr
riei;<;e, and fre-
which they av
nt?nds and con;-
do caretuliy
rs as naay conn
e to carry vvil!>
w.y (10 iramedi-
uiagistrate, ct
cording to law
, directed to h<'
to hold itself 1'

]}, Governor.

2C7

jesty's appointment, to the govertimentin chief of the briiish chay-
provinces in America, I iiave lost no time, in proceeding XI.
hither, to take upon me the arduous and important ciiarge, — *— '
which fiis Majesty has thus been pleased to commit to me. ^^^^
It would have been liighly gratifying to me, if upon this
occasion, I could have been the bearer of any well j:round-
ed expectation of the restoration of that peace, whicfi, as
the surest foundation of the welfare and happiness of his
people, is the constant object of his Majesty's endeavours ;
but while an im[>lacable enemy is exerting every resource
of a power, hitherto tmexampied in the world, and which is
controuled by no principle of justice or humanity, in attempt-
ing our ruin, while that enemy, under the irritation of a dis-
appointed ambition, which, boimdlesjs in its extent, aims at
no less than tho 3ubjugution of the world, regards with a
malignant inveteracy, which he does not attempt to con-
ceal, the now only nation in Europe, which, by the wis-
dom of its government, the resources of its wealth, and the
energy, virtue, and public spirit of its people, has been able
to resist h;m. It must be, with cautious diflidence, and a
reliance only on the blessings of divine providence, that we
can look forward to the wished for cessation of the incon-
veniences of war.

" The capture of the capital of the dani^h dominions, and
the consequent possession of the entire fleet, with the whole
of the naval arsenals of that power, are eventSs on which 1
have very cordially to congratulate you. The acquisition to
us, would be of little advantage, were it not (or the ten-fold
greater benefit, which arises, from the having diverted these
powerful resources, from the object to which they were
to have been directed. Attempts have been made, by
the enemies of his Majesty, to cast an imputation on the
morality of this measure, but the declaration which his Ma-
jesty has been pleased to make, of the ip.otives which have
imperiously led to it, m-jLit have convinced every mind, not
obstinately biassed by an inveterate prejudice, that it was
founded upon the strictest grounds of self-defence, and upon
the true principles of the law of nations. Britain stiil stands,
proudly pre-eminent, in her love of justice, and her sacred
regard for the rights of other nations.

268

Ih! !

Chap. '* ^ hsive no doubt, that you will join with me, gentlemen,
XI. in lamenting the discussions thai have arisen, between his
v-»N^^ Majesty's goveranient, and that of America. I have no
1808. information to convey to you, that might tend to throw any
light upon a subject, in which this colony must bo so mate>
rially interested. Let us hope, that the moderation and wis-
dom of the t'overnment of the United States, will lead them
to meet that of his Majesty, in its endeavors by an equitable
accommodation of difl'erences to avert the calamities of war,
Irorn two nations, who from habits of aljinity, unity of lan-
guage, and i)ie ties of common ancestry, seem destined by
Providence, for the enjoyment of the blessings of continued
peace, while the reciprocal advantages of their commercial
intercourse, seem no less to point them out to each other, aa
the objects of a mutual connection of amity and confidence.
" But while we indulge in the hope, we will not be de-
luded by it, into the neglect of any means, that may be
necessary, for our defence and safety ; and I place every
confidence in your ready co-operation, in any measure that
may be judged expedkjnt, to add to the energies o*" govern-
ment, with this important view. The loyalty and affection
to his Majesty's government, so spiritedly manifested on the
occasion, by the militia of the province, who have stood
forward with a cheerfulness, not to be exceeded, demand
my warmest applause, and furnishing us with the best ground
for hoping, that in the event of any attack on this province,
we shall derive from them, all the assistance, that can be
expected from a brave people, contending for every thing
that IS dear to them.

" Gentlemen of the assembly,— I shall cause to be laid
betore you statements of the provincial revenue of the
(Town, ami of the expenditure for the last twelve months.
••' Gentlemen of the legislative council, and gentlemen of
the house of assembly,— Though a portion of the militia
have been selected, and are directed to hold themselves in
readiness, to assemble at the shortest notice, yet I have not
thought it necessary to call them together ; a mea8ure,which
no particular circumstance seemed immediately to call for.
and which would have been atten ed with considerable
■ inconvenience to the province, while, from the season of tht,
year, it would not have been accompanied with the advan-

bntlemen,
Lween his
[ have no
hrow any
) 80 male-
1 and wis-
Icad ihcm
I equitable
fies of war,
[lity of lan-
ksiincd by
continued
commercial
.',h other, as
confidence,
not be de-
lat may be
)lace every
aeasure that
s 0^ govern-
md affection
ested on the
have stood
ed, demand
beat ground
is province,
that can be
every thing

se to be laid
tnue of the
tlve months.
Igentlemen oi"
the militia
lemselves in
k I have not
|a8ure,w^hich
to call for,
fconsiderable
Reason of the
the advan-

269

tnges that might othonvi^e have been derived, from the (^^^,^p
opportunity it would have aflfordeil, of exercising and train- XI.
ing them. VVhile adverting to the subject of tlie militia, itv*-v-w
may not perliaj)s be inexpedient, that I shou'd call to your 1HU8.
recollection, that one of the limits, by vvhioh the existence
of the militia law is bounded, I moan that of a fixoil period,
is already expired, so that, it is now in force, ordy, so long
as the war continues. The very great inconvenien<'e, that
might arise to the country, from the po.>'sil)le event of a sud-
den account of a conclusion of peace, at the very moment
tlirit there might exist a necessity of beincr prepared to resist
an expected attack from another quarter, wdl no doubt
point out to you the expediency of again fixing a determi-
nate period for the duration of this law. * '

" Considering the erection of gaols for the cities of Que-
bec and Montreal, as objects of much imjtortance to the
welfare of the province, I have lost no time in proceeding
to exercise the powers vested in the governor for that pur-
pose, commiiisioners have been appointed to both places,and
as I found that the measure suffered considerable difliculty
and delay, in that which was proposed for Quebec, from
thecircumstmce of the old gaol being occupied by the mili-
tary, to whom it had been formerly given, in lieu of the
part of the barrack of the royal artillery, which is now used
as a prison, I have made an arrangement for their evacuat-
ing it, as soon as possible, although the troops are necessa-
rily put to considerable inconvenience, by doing so before
the barracks can be returned to them.

" I cannot conclude this address, without expressing the
high gratification 1 experience, at meeting you, in the exer-
cise of the noblest office to which the human mind can be
directed, that of legislating for a free people. I have the
utmost confidence, that in the discharge of this duty, while
on the one hard vou carefully watch over the interests and
j)romote the welfare of the j^eople, you will, on the other,
be no less zealous, of the support of that government, from
the power and energy of which, alone, those interests can
derive a permanent security ; and I feel particular satisfac-
tion, in looking forward to the most perfect harmony and co-
operation between us, because I persuade myself, that in

ministration, vou will find my conduct.

t, ii
'l*i!

r; M

every

z 2

i.;u

i\.

■HW

J Hi

:i!

i m

18(>8.

270

t'haj). directed upon the same principles, of zealous attachment to
^'- my sovereign and his government, ami of a sijicere regard to
the happiness and prosperity of the people whom he Iiqh
(•ommilted to my charge." , ^^ ,, ., ,

The address in answer to this was every
thing that couhi be desired : —

" The applause with which your excellency lias already
been pleased publicly to notice the loyalty and alTeclion to
his Majesty's government, of the militia of this province,
and reiterated on this occasion, in such flattering terms,
demand our warmest acknowledgments. And we can
confidently assure your excellency, that, in the event of any
attack on this province, they will manifest the same spirit
ofjofalty, in alTording all the assistance in its defence, th.it
can be expected from a brave people, duly sensible of the
blessings they enjoy, und contending for every thing that is*
dear to them.

" Duly appreciating the blessings of our admirable con-
stitution, and impressed with the most gratifying sentiments
of thus meeting your excellency in the noblest office to which
the human mind can be directed, that of legislating for a
i'ree people, your excellency may rely, that in the discharge
of this duty, they will, on the one hand, carefully watch
over the interests and promote the welfare of the people,
while on the other hand, we shall be no less zealous in the
support of that government under whose power and energy
alone, those interests can derive a permanent security. —
And, under a thorough conviction that your excellency's
administration will uniformly be directed upon the same
principles, it shall be our greatest solicitude to promote the
most perfect harmony and co-operation on our part, in every
measure, for the advancement of those important objects so
peculiarly and deservedly dear tq us."

The address being disposed of, the propriety
of allowing the judges of the court of king's
bench to be elected and sit in the assembly,
was again considered. It was resolved (22 to 2)
by the house, " that it is expedient to declare

ichment to
e regard lo
)ni he lias

IS every

has already
alTection to
18 province,
ring tenriiJ,
ul we ran
■vent of any
same spirit
:fence, that
isible of the
thing that is

nirable con-
r sentiments
ice to which
slating for a
le discharge
ullv watch
the people,
alous in the
and energy

security. —
xcellency's
the same
promote the
art, in every
nt objects so

propriety
of king's
assembly,
;22 to 2)
lo declare

■ I

271

that the judges of the court of king's bench Chnp,
now established, tl^e provincia judges of the^^^
districts of Three Rivers and Gasp6, and all i808
commissioned Judges of any courts that may
hereafter be established in tjiis province, are
incapable of being elected, or of silting or vot-
ing in tiie house of assembly of any parliament
of this province," A bill to render ihem ineli-
gible was accordingly passed and sent to the
legislative council, but by it rejected, to the
great displeasure of the lower house, and,
indeed, to the dissatisfaction of the public
generally, in whom the opinion that the judges
ought not to be mixed up in the political con-
cerns of the country had taken root, and was
growing. Several were, in consequence of the
failure of the bill above, for unseating the
judges at once, by a resolution, but the matter
was allowed to remain over to the next session.

The return of Mr. Hart, for the town of
Three Rivers, as mentioned in the preceding
chapter, was also taken up, and less tolerant
with respect to that gentleman than towards
the judges, probably because less to be feared,
his seat was vacated ; it being resolved (21 to
to 5,) " that Ezekiel Hart, esquire, professing
the Jewish religion, cannot take a seat, nor sit
nor vote in this house.'* Mr. Hart's constitu-
ency, with becoming spirit, reelected him.

Much of the session was taken up in the
discussion of these matters. A sum was voted
for repairs to the ancient castle of St. Lewis,
the official residence of the governors of the

\\\

I' '

Y ! '

; u

l<!

272

Chap, the province, which yvas falling into ruin. The
^^- mililia act was continueti, as also the alien act.
^m)^ and that lor the better preservation of hi.s
Majesty's government — the two last for the
year only. A bill relating to the trial of con-
troverted elections was introduced and became
law, and on the whole several useful acts were
passed this session, his excellency sanctioning
thirty-four, and reserving one, (the Gasp6 gaols
bill) lor th<^ royal pleasure, afterwards sanc-
tioned. The business of the session beini!:
over, the governor prorogued it on the 14th
April, with the following discourse : —

"' I am induced lo put a period to your s^'ssion that ] may
1)0 enabled to issue wrils for summoning a new liouse f)f
assembly, in which I shall proceed without delay. The
critical situation of public affairs, under the advancing sea-
son of action, may render me anxious ^.o av^il myself of
legislative assistance, and it will be extremely desirable that
1 should have it in n^y power to do so, under circumstances
that will not be liable to interruption from the expiration of"
the period for which one of the branches of the legislature
is chosen.

"It gives me no small satisfaction to observe, and I do it
with every acknowledgment that is so justly due to you on
the occasion, that the diligence with which you have pursu-
ed, and the temper nnd moderation with which you have
concurred in, the several objects that have been the sub-
jects of your deliberations, by the dispatch that they have
enabled you to give to public business, leave no room tc
regret that a termination of your labours should be called
for. The readiness with which you have renewed the acts
that have been judged expedient for the further security of
his Majesty's government, and the clauses which have been
added to that which relates to the admission of aliens into the
province, furnish additional proofs of the just estimation in
which you hold the blessings we enjoy, under our excellent

n. The
lien act,
of his
for the
of con-
became
cts w ere
ictionin^
p6 gaols
is sanc-
r\ being
the 14th

that 1 may
V house ()f
elay . The
ancingsea-
mysolf of
jeirable that
'.umstances
piration ot
legislature

land I do it
to you on
lave pursu-
|i you hav{'
n the sub
they have
lO room \«
he calleil
id the acts
security of
have been
ins into the
Itimation in
ir excelleui

273

constitutic. "* of yourdeternnnation to use every exertion chap.
in the diifence . nd preHorvatiun of them. JJ.

" I have to offer you my thanks for the act you havo -^^^^-^
passed for granting a sum of money for repairing and ame- ***^-
liorating the ancient residence of your tjt^vi'rnors the Castle
of St. Lewis. I hrive n(» doubt that his Majej>:ty will view
this act, passed as it has bern on your own mutton and un-
asked for on my part, i[i the liglit iii which I shall think it
my duty to lay it before him, as a fret-h proof *>f your aUnch-
ment to his person and govcrtunent, m a liberal provision for
,j the accommodation of his representytive among you.

" Since I had occasion to address you last, events of
interesting importance to the empire have taken place. New
enemies have been added to the list of those with which we
liad before to combat. His Majesty h:is been pleased to
inform his parliament, that the dcterminalicn of otir impla-
cable foe to excite hostilities between him and his late allies,
the emperors of Russia and Austria, and the king ofPriissin,
has been but too successful, and that the ministers of those
powers have demanded their passports, to retire from his
court. On tho other hand those same etTorts exerted towards
a spirited and magnanimous prince, though they have pro-
duced the subversion of his government in Europe, have
failed in tlie attempt to bend him to a dishonorable subnns-
eion to the public spoiler: rather than bow to the degrading
chains of a matiter, the court of Portugal has nobly preferred .
to encounter all the inconveniences of an unexampled
emigration to another hemisphere. '

Let us join his Majesty in imploring the protection of
divine providence upon that enterprise, while we rejoice in
the preservation of a power so long the friend and ally of
Great Britain, and in the prospeci of its establishment in the
new world, with augmented strength and splendour.

" His Majesty has further been pleased to inform his par-
liament, that, for an unauthorised act of force committed
against an american ship of war, lie had not hesitated to
offer immediate and spontaneou*^ reparation, but that an
attempt has been made by the american goveriiment, to con-
nect with the question which has arisen out of this act,
pretensions inconsistent with the maritime rights of (i rent
Britain. His majesty is pleased to add, that such pretension*

:l.

III

I'll

mw[

274

Chav.. ^'^ Majesty is deterniincd never to admit, nrid to that deter-

XI. niination every voice in his Majesty's dominions is raise d in

'^■^.■^ cheerlul assent. It will remain now to be t^een whether the

l'^'*^- american government will per^iBt in its unjustifiable preten-

sionH, or wheiher it will not at length open its eyes to its

true interest, vvhieh should lead it to strengthen by every

means that it pos.sesses, instead ofinjuririi^, the only power

that stands between it and a '.•ui)jngation, vvliich, on the

tall of that power, would be its inevitable doom to the

worst of tyranny.

You iiave, gentlemen, ably and diligently discharged one
duty, another now remains for you to perform, which I
earnestly reconmiend to your {^erious attention. You are
returning among your consrituentii, who will naturally look
up to you for inf')rmalion and instruction. Tliese are times
in wliich the influence of education and knowledge should
be peculiarly exerted to inform and direct the public minr^.
Let me entreat you to consider this as an obligation laid on
you by your iniblic station, and while you exert yourselves
in impressing on the people, a sense of their duties in due
subordination to the hnvs and a faithful attachment to the
(government, let it be your business also, to let them into the
Icnowledge of their true situation : conceal not from them the
<]itlicultie> with which we are surrounded, but point out to
them at the same time, the miseries which we are combating
to avoid : these present themselves in every shape of horror
in every country which has sutTercd itself to be brou<iht under
subjection to the enemy who pursues us. Assure them
that united among themselves, the british nation feels no
dread on the occasion.

"The great and powerful resources of the country, the
wisdom and magnimity of its monarch, and the energy of
its government, in the direction of the public spirit, are the
means of security to which it looks uj). On these teach his
Majesty's faitliful subjects of this colony of Canada also con-
fidently to rely : they will be employed for their protection,
and under the blessing of divine providence, aided by their
own exertions, they will ensure their safety, as they will,
we doubt not, ultimately crown the glorious struggle in
which \^'e are engaged, with a successful issue."

5 that ikter-
is raised in
whether the
ible preten-
eye^ to it»
;n by cvcry
5 only power
jich, on the
Joorii to tlie

acharged one
nil, which I
n. You are
^atvirally h)ok
er:e are times
^'ledge Bb.ovild
■ public mi no.
igation laid on
.ert yourselves
duties in due
hment to the
them into the
from them the
t point out to
arc combating
|]rape of horror
brou-iht under
Assure them
lion feels no

e country, the
the erergy of

spirit

are

the

hese teach his
inadaalsocon-

tion,

^cir protec

aided by their

as they will,

lous struggle

175

Thus terminated the fourth session of thechap.
fourth provincial pai lianient of Lower Canada, ^^'
in harmony with the executive, ahhough there i^„j<.
were clouds gathering in the distance, and
some indications of a comini>: storm.

The pubhc accounts of 1807, hiid at the late
session before the assembly, shew the revenues
of the year to have been £35,9 13, currency,
and the civil expenditure £44,410, sterling,
those of the legislature besides, amounting to
€2821, currency.

The general election took place in May,
and was, in most places, concluded with
unanimity. The late speaker, Mr. Panet, pre-
sented himself for the Upper Town of Quel)ec,
!)ut having incurred, from his connexion it was
said widi the french paper " Le Canadien,''
the displeasure of the executive, which it
certainly did not spare, and, consequently, had
become the source of considerable uneasiness to
the government, as already mentioned, he lost
his election, the official class, including the resi-
dent military officers, and dependents upon die
commissariat, ordnance and other departments
in the garrison entitled to vote, gomg against
him, in favor of anodier gentleman of french
origin, more acceptable to the government.
Mr. Panet's friends, however, anticipating the
result, had taken measures for his election in
another quarter, and for which he was
returned.* .

->^>;V' ♦ ■ ''.

• Mr. Pane t and sorno other gentlemen were, shortly after this,
tlismissed from their militia commisdioiis. The following letter ail-

I u%

.'iii!

276

rhap. Some improvements to the fortifications of

^ Quebec, were commenced this summer, and in-

'^^ particular, the foundations of the four towers

across the heights west of the city were laid.

dressed to each of tViem, on the occasion, is explanatory ; —

" Castt.e of St. Lkwis, Quebec, 14th June, 1808.

" Sir, — I am directed, by his exceUency the ji^overuor in chief, to
acquaint you, that he thinks it neces-^^ary for his Majesty's service, to

dismiss you from your siiuation as - ■ of the town militia. His

excellency bids me add, that he is induced to adopt this niea.sure, be
cause he can place no confidence in the services of a person A'hom hr
has tjood j^ioiind for considering as one of the proprietors of a seditious
and libellous publication, that is disseminated throuf^h the province,
with i^reat industry, and which is expressly calculated to vilify his
Majesty's govevnmenl. and 1o create a spirit of dissatisfaction an<i dis-
content amoMij his subjects, as well as of disunion 'and animosity
between the two parts of which they are composed.

"I am,&c.. " H. W. R."

The fcentlemen to whom the above letter was addressed, accordiii<r
to the Canadkn, were Messrs. J. A. Panet, lieut.-colonel ; P. Bedar<J,
captain ; J. T. Taschereau, captain and aide-m.ajo:: ; J. L. Borgia,
lieutenant; and F. Blanchd, surgeon.

The following from the (Jucber Mercury, is given as explanatory of
the above, and of the views probably entertained on '.he subject by tha
executive of the time : —

" Of Mr. Panet we shall only say that we 'inceiely regret that tho
man, who boasts of his having been speaker of the House of As-
sembly, from its first existence, should have so far forgot that situation
U.S to he ambitious of presiding at such a mev^tmgas was at the hotel,
a few days {previous to the late general .jlection ; and of which lia
was himself the victim.

" Our regret is not less that he should, in liis address to the electors
of Hunluigdon, have ♦ihrown out i]isini;ations for which we shoui'J
have be<;n happy could we have consi'-'ercd them no more than llir
splenetic effusions of disappointment, at the moment of the Upix^r
Town election. We should have tliought that the ebullitions c(
triumph would have issued from the pen rather in the sprightly l;i!i-
guage of light raillery than i.. that of bilious spl,'»«^n.

" We wish we could give the conducto'-s of the Canadim credit for
purity of intention, in developing, as they are pleased to say, to (hi
Canadians, the extent of their rights and the excellente of their cm-
■titution, with a view of engaging them to love and defend it
Without being very uncharitalde, we must be permitted to .say that
we have, in common, with the greater part of the community, who
are readers, too oi^ten been able to trace very different views fion.
those held out. Had gall been the worst ingredient in their- ink, i':t;
public might have laid their account in some bitterness ; but the
compotution has too oitep not only been further embittered, but lU

'i 1

1.^1 \

277

[Cations of
kcr, and in-
>ur towers
were laid.

y:—

I Jur.o, 1808.
-uor in chief, t>
ity's service, to
^11 militia. His
lis measure, b*^
[person whom hr
orsofa seditiob,"^
j>;hthe province,
ed to vilify his
sfiiction and dis
I'and animosity

[I. W. R."

essed, accordiiijr
ouel ; P. Bedaro.
• ; J. L. Borgia.

as explanatory of
le subject by tha

y regret that tiic
le House of As-
ij^otthatsitimtion
was at the hotel,
and of which lia

3S to the electors
which we should
lo more than the
nt of the Uppi^r
he ebullitions ct
be sprightly la!i-

r:iadiP.n credit for
sed to say, to tht
nte of their en)-

and defend it

uitled to say thai

community, ^vh(l

rent views froni
t in their iak, i:;o

terness ; but the
bittered, but lU

't^

riie extraordinary state of affairs in P2urope,('hap.
with the american non-intercourse and einbari^o ^^'
system operated favorably for the Canadian u^.v
trade, particularly in the article of lumber,
which, owing to the (juasi exclusion of the
british from the Baltic, took, about this time, a
prodigious start, evincing at once the indepen-
dence of Great Britain on a foreign power, for
that article, and. consequently, the value of
her continental North American possessions,
taking in return for their timber, large supplies
of british manufactures*

hue has been, in an uncommon dei^ree, deepened with various ingre-
iienls poured in i'rnm pas-sions i'ar from beneficent or disinierested,

"' Before ue conclude we must he allowed to remind the complain-
ants that during the election for the county of Quebec, a hand-bill
appeared, in which th<> jijovernment was charged with being feeble.
Those concerned in the himd-bill now, it seems, feel that they art*
not quite under the government of king Lo^.

•* The editors boast that the Ciimidicn is the freest paper in the
province — in nbuse we are read)' to admit. In fact, it {)roves to be.
what we always dreaded it would be, the greatest enemy to the free-
dom of the press, by its licentious spirit. It no more consults what
is expedient to, and proper for, a Canadian press, than did the House
of Assembly, a few years past, what a as suitable to a Canadian
House of Assembly, on the article of piivilege.

'' We flattered ourselves, a for "light past, on reading the first
No. 32, since annihilated for its innocence, that the perturbed spirit
of the Canadian had been laid at rest. But we unhappily find that it
IS one of those evil spirits, whose period of haunting the earth, in its
frantic form of tlie demon of discord, is not yet expired. We fear
that it is to be doomed to a further ordeal, ui order to its complete
purgation."

• Mr. Sewell, the attorney general was, in August of this year
a]ipointed chief justice of the province, vice All cock, deceased, and
Mr. Edward Bowen, a younir !>orrister appointed in his stead, attom<'y
general, over the head of the solicitor general Mr. James Stuart, wno
h.id given some oftence to the governor, but iti what manner has never
been publicly explained. He was soon after thi.s di.srnissed from hifi
alfice. Mr. }3owen's appointment was super!<eded by that of Mr. f»ior-
man F. Uniacke, from Flnghutd, (son of the then attorney geu«.ral of
Nova Scotia,) but hi? disappointment was shortly after repaired by

A a

' ii

;it:

Mi ^

i' jl'-

I "

278

Chap. The new assembly, ( the fifth of Lower
J^ Canada,) met on the 9th of April, 1809,*
TaoiT expectation standing on the tiptoe a while as
to the speakership, it being rumoured that the
governor having dismissed Mr. Panet from his
commission as lieutenant colonel in the militia,
owing to his connexion with ** Le Canadien,^^
would not confirm him as speaker if the choice
of the assembly were to fall on him. He was,
however, almost unanimously chosen, and the
governor confirmed, but in rather cool terms,
the choice.f ' '_ ' ^ ' '

promotion to the bench. The career of Mr. Stuart, in consequence,
probably, of the injii.sticv lone him as he may have deemed it, will bo
S seen as we proceed, '

• The members returned were as follows: — Quebec — County, tht
Hon. P. A. De Bonne, (4) and Ralph (rray. Upper Town, J. Black-
wood, (1) and C. D6n6chau. LowerTown, Pierre Bedard, (4) and

' John Jones. Montreal— County, Louis Roy, (T) and J. B. Durocher,

(1). East Ward, .T. M. Mondelet, (1) and .Tames Stuart. West Ward,
W. McGillivray and D. B. Viger. Three Rivers — Borouj^h, .T.
Badeaax and E Hart, William Henry — Borough, .T, Sewell, (3)
Counties — Hampshire, Francis Huot, (2) and A. L. .T. JXichcsnay,
(1); Kent, J. Plants. (3) and J. L. Papineau, jr. ; Leinster, J. K.
Faribault, and Jo.seph Turgeon : Dorchester, J. Caldwell, (2) and P
Langlois ; Surrey, J. Cartier, (1) and P. Chasjnon ; Saint Maurice,
M. Carron, (1) and T. Coffm, (3) ; Devon, J. B. Fortin, (1) and F.
Bernier, (3) ; Effingham, J. Mennier, andJos, Duelos; Hertford,?..
F. Roi, (1) and Ls. Turgeon, (1) ; Warwick, J. Cuthbert, (3) and K.
Cuthbert,(2) ; Huntingdon, J. A. Panet, (4)* and L. deSalaberry, (2);

. , Orleans, J. Martinean,(3) ; Richelieu, L. Bourdages,(l) and H. Af.

Delorme; Bedford,W. S, Moore,(l) ; Buckingham, J. B. Hebert,an(i
L. Le Gendre, (1); Cornwallis, J. L. Borgia, and J. Robitaillc;
Northumberland, J, M. Poulin.(2)and A. Carron ; York, J >hnMure,
(1) and J. .1. Trestler ; Gasp6, Geo. Pyke, (2).

The figure after the jiame shews in how many parliaments the
member had .served. Those without fiL>;ures are new. Of the above,
14 indicate a british origin, the othe irench.

f The honorable the speaker of the legislative council, by com*
mand of his excellency, addressed the speaker elect, ontlie occa-sion,
as follows: — ■ .. —

' * Mr. Panet. as previously seen, filled (he speaker's chair during the
fuor proccding parliaments. • >,- , '

■ k

))

of Lower
ril, 1809,^

a while as
•ed that th<:
let from his
the militia,
Canadien,
f the choice
. He wa.^,
?n, and the
cool term.^,

in conseqtu•nc^^
eemed it, will br

>ec — County, ih

Town, J.BlatI;-

?. Bedard, (4) and

1 J. B. Diiroch^".

lart. Westward.

rs-— Borough, J

, J. Seweil, (3!

L. J. Dtiohesnay,
; Leinster, J. K.

|dwell, (2) and P
i Saint Mauri-i
itin, (1) and F.

|os; Hertford, >'.
ibert, (3)and ii.
eSalaberry, (2);
,(1) and H. M
. B. Hebert, nr.'
Ld J. Robitaill

(ork, JjhnMtirc,

parliaments the
Of the abo\e,

)uncil, by coin-
on the occasion,

chair durinir iJi'-

279

In his speech he descanted upon the unfa- chap.
vorable posture of affairs with America; thej^
revolution in Spain, and the generous asvsis- imt.
tance afforded that country by Great Britain ;
the emigration of the royal family of Portugal
to the new world ; the victory of the british at
Vimeira, by which Portugal had been rescued
from the trench ; and concluded by cautioning
the members of the legislature against jealou-
sies among themselves, or of the government,
which could have no other object in view than
the general welfare : — '- I might be thought
insensible to that which I may, with truth,
assure you is a subject of the highest gratiiica-
tion to me,were I to omit adverting to the pros-
perous and advantageous state in which this
colony has shown itself during the preceding
year. To the policy of the American govern-
ment which led to the measure of withholding
the produce of their country by a general
embargo, are we to a certain degree indebted
for having called forth, and made us acquaint-
ed with the resources of this : but it will
depend upon a perseverance in the industrious
pursuits which their application has occasioned
that the advantages derived from them shall be

" Mr. Panet, — I anri comnnanded by his excellency to say, that
having filled the chair of apeaker, during four succe.ssive parliaments,
it is not on the score of insufficiency that he would admit of excuse on
your part, or form objections on his.

** His excellency has no reason to doubt the discretion and mmd ra-
tion of the present house of assembly, and as he is at all times desirous
oi; meeting their wishes, so he would be particularly unwiliinjij not to
do so, on an occasion, in which they are themselves principally inte-
rested ; he does therefore aUow and coniinu you to be their jipeaker,"

I ;

til'

If .

. i

ii;j

;'fi

* m

'h'

i '.:sf 1

it ;ii„

it til
I |li:n

. -a

280

Chap, permanent, and continue a source of wealth
^^ and of importance to the colony. — You, gen-
,)^o!j. tlemen, who are collected from all parts of the
province, must be sensible of its flourishing
situation, and of the happiness enjoyed by u
people unrestrained by any controul but that
of the laws ; which, enacted by their own
representatives, can solely be directed to their
benefit and the advancement of their prosperity.
These blessings will be unalterably insured by
the diffusion of a spirit of harmony and con-
' cord, the cultivation of which is more espe-
cially called for, from those who have the
happiness of the people at heart, from the
peculiar circumstances of the different parts ol"
which they are composed.— -If any thing can
intervene to blast the prospect before us, it can
only be the admission of causeless jealousies
and suspicions amongst yourselves, or of jea-
lousies and suspicions, still more unfounded,
and assuredly most unmerited, towards that
government under the protecting and fostering
care of wliich you have attained to your
present felicity. .,

^ " I regret, gentlemen," — continued he —
" diat I have been compelled from circum-
stances, to call you together at a season
of the year, which f am well aware, must be
highly inconvenient to many of you ; this con-
sideration dwelt so strongly upon my mind that
not seeing any particular object of public ser-
vice that indispensably required your immedi-
ate attention, I had it in eontemplation to defer

If li tl

ffi

of wealth
iTou, gen-
)arts of the
flourishing
oyed by a
il but that
their own
ed to their
prosperity,
insured by
^ and con-
nore espe-

have the
, from the
ent parts of
f thing can
e us, it can

jealousies

or of jea-
unfounded,
^vards that

d fostering
to your

hued he— -
circum-
a season
must be
this con-
mind that
|Dublic ser-
[r immedi-
kn to defer

281

your meeting till a period of less prejudicial chap
consequence to your private accommodation ; ^^
but, on referring to the act of tiie british par- ^^
liament on which the cons,tituiion of this pro-
vince is founded, I felt reason of hesitation, at
least as to the grounds on which I supposed
myself able to do so ; 1 have, therefore, been
induced tc rely on your cheerful acquiescence
in the inconvenience under which you may
labour, rather than give rise to a possible
doubt as to my intention of infringing on a
right so valuable to you as that of your annual
assembly. And this I have done under the
circumstance of being precluded from giving
quite that notice which has been, in some
degree, sanctioned by custom ; and which,
although, not called for by any express law, is,
nevertheless, a precauti;)n for the preservation
of that mutual confidence which is so desirable,
by guarding against the possibility of any sus-
picion, as to the intenuon or circumstances
under which you may be assembled."*

The house, after the address in answer to
his excellency's speech, into which it was
endeavoured tc introduce an indirect reproof
for the hints which had fallen from him, resum-
ed with warmth, the matter concerning the
"eligibility of the judges, and the propriety of
allowing them to sit in the assembly. — The
return of Mr. Hart, also was taken into consi-

* The proclamatjon convoking the legislature wa* dated 14th
March, giving consequently only 26 liays notice of the time of meet-
ing, for which the above was an apology.

A a 2

M h

282

( {

\,\i.m

Chap, cleration, iliat u;onileman, as mcntionei!, havina

Alt ' c ' ii

^^ been reelected by the citizens of Three River^;.

iiii)9. — J'he more determinei] members were for
expelling the Judges by resolution, but a mo-
tion for their expulsion in this mode, was
negatived by a considerable majority, part of
whom, though disposed to disqualify those
oiFicers, were averse to the means proposed,
insisting that nothing less than an act of the
legislature could operate such disqualification.
This eflbrt having failed, a committee was
appointed to enquire into, and report to the
house, the inconvenience, resulting from the
election of judges to sit in the house (f assem-
bly ; and, in the mean time, a disqualifying bill
was introduced and read for the first time.
'J'he enquiry was carried on wrrh perseverance,
and proved in no wise, as indeed might be
expected from an ex parte inquiry by political
adversaries, to the advantage of the individual
concerned. The exclusion of Mr. Hart, was
more closely prosecuted. The house renewed
the resolution which had been taken against
his admittance to sit and vote in the last session
of the preceding parliament ; and a bill to dis-
aualify Jews from being eligible to a seat in
the house of assembly w^as introduced, and
underwent two readings. "* The lapse of five

. ♦ This most arT)itrar3'' and absurd measuro Avas suh?equeiitly oMi-

t crated by an act, (Will. IV., ch. 57,) of the legislature of Lower
Canada, ia.nin.n\o\mt to tlm amende hoyiurable, declarinj^ all persons
professing the Jewish relia:ioi(, beirij^ natural born british .subjects,
residing in this Province, entitled to the full rights and privileges of
otlier subjects of his Majesty. Mr, Hart, who died in 1843, lived
lung enough to see this act of legislative justice done to those of hu

283

eel, havin;;
ree River^.
were for
but a mo-
iiodc, was
ty, part of
ilify thoso
proposed,
act of the
lalification.
mittee was
)ort to the
; from tin
) ( f assem-
ilifyiiig bill
first time,
^severance,
I might be
)y political
individual
Hart, wa'^
e renewed
en againsi
ast session
bill to dis-
a seat in
iced, and
se of five

Isequently ohli-
Iture of Lower
lii^ all persons
Iritish .subjects.
Id privileges of
In 1843, lived
\o those of Viu

weeks in the prosecution of these measures cup
exham-.ted the patience of the governor, whose ^*
military education and habits may, on this ^^^^
occasion, have inlluenced him. The perseve-
rance of a deliberative body in a favorite,
but unconstitutional measure, appeared to him
no better probably than the refractory spirit of
an undisciplined corps of recruits, and he
seemed determined to crush it.

On the 15th of I\.ay, he went down in slate
from the castle, to the legislative council,
where, having summoned into his presence,
the assembly, after giving the royal assent to
such bills as tvere ready, (live in number") he
informed them of his intention of dissolving
the present parliament, and of recurring to the
sense of the people. '' When 1 met you," —
said he, — " at the commencement of the pre-
sent session, I had no reason to doubt your
moderation or your prudence, audi therefore
willingly relied upon both : — under the guid-
ance of these principles I expected from you a
manly sacrifice of all personal animosities, and
individual dissatisfiiction — a watchful solicitude
for the concerns of your country, and a steady
perseverance in the executing of your public
duty, with zeal and dispatch. — I looked for
earnest endeavours to promote the general
harmony of the province, and a careful absti-

relinfious faitli, soitk' of the same individuals oonciirriiiij in the mea-
sure who had before disqualified him, 'most absurdly ibrit — ThJEt*
nroi,'ross from bigotry and intolerance to at least justice, not to Kay
liberality, for there was no liberality in yielding to a britiah bora
Kubject and in a british colony, his birthright.

I I

>.' r

v^t

284

ck.p. rience from whatsoever might have a tendency
^^ to disturb it ;— -for due, and, therefore, indis-
i8of». pensable attention to the other branches of the
legislature, and for prompt and cheerful co-
operation and assistance in whatever mio;ht
conduce to the happiness and welfare of the
colony. All this I had a right to expect,
because such was your constitutional duty ; —
because such a conduct would have been a
lasting testimony, as it was the only one sought
for by his Majesty's government, of that loyally
and affection which you have so warmly pro-
fessed, and which I believe you to possess ; —
and because it was particularly called for by
the critical juncture of the times, and espe-
cially by the precarious situation in which we
then stood with respect to the American
States. I am sorry to add, that I have been
disappointed in all these expectations, and in
every hope on which I relied.
• " You have wasted," — continued he, — " in
fruitless debates, excited by private and perso-
nal animosity, or by frivolous contests upon
trivial matters of form, that time and those
talents, to w^hich, within your walls, the public
have an exclusive title. This abuse of your
functions you have preferred to the high and
and important duties which you owe to your
sovereign and to your constituents ; and you
have, thereby, been forced to neglect the con-
sideration of matters of moment and necessity
which were before you, while you have, at the
same time, virtually prevented the introduction

285

:en(lency
e, indis-
es of the
erfuJ co-
er might
e of the
) expect,
I duty ; —
e been a
le sought
at loyalty
rmly pro-
)ssess ; —
ed for by
md espe-
vhich we
American
ave been
s, and in

he, — " in
II d perso-
f^sts upon
ind those
|he public
of your
high and
|e to your
and you
the con-
ecessity
e, a't the
oduction

of such others as may have been in contempla-chaji.
lion. — If any proof of this misuse of your time ^'
were necessary, I have just presented it, in^,^
having been called on, after a session of live
weeks, to exercise his Majesty's prerogative of
assent, to only the same number of hills, three
of which were the mere renewal of acts to
which you stood pledged, and which ro(]uired
no discussion. So much of intem[)erate heat
has been manifested, in all your proceedings,
and you have shewn such a prolonged and
disrespectful attention to matters submitted to
your consideration, by the other branches of
the legislature, that whatever might be the
moderation and forbearance exercised on their
parts, a general good understanding is scarcely
to be looked for without a new assembly.

*' I shall not," — he added, — '' particularly
advert to other acts which appear to be uncon-
stitutional infringements of the rights of the
subject, repugnant to the very letter of the
imperial parliament, under which you hold your
seats: — and to have been matured by proceed-
ings, which amount to a dereliction of the first
principles of natural justice ; and I shall abstain
from any further enumeration of the causes
by which I have been induced to adopt the
determination, w'hich I have taken, because,
the part of your conduct, to which I have
already referred, is obviously and in a hi,2,h
degree, detrimental to the best interests of the
country, such, as my duty to the crown forbids
me to countenance, and as compels me to have

nlil

1 I * >' \

•Vi

i; I

^i^'i

' M

I
i

I ;

- * I

286

Chap, recourse to a dissolution, as the only constitu-
J^ tional means by which its recurrence may be
i8oy. prevented.

" Gentlemen of the legislative council, and
gentlemen oi' the house of assembly, — " I shall
give the necessary orders lor calling the new
provincial parliament, as soon as convenience
will ])ermit ; and having no other object', and
confident that no other will be attributed tome,
but to preserve the true principles of the free
and happy constitution of the province, and to
employ the power entrusted to me by his Ma-
jesty, to the only end for which I have received
it, the good of his subjects, I have ar entire
confidence in the electors, to whom I shall
recur ; trusting that by the choice of proper
representatives, further mischiefs may be obvi-
ated, and the important interests of the colony,
considered in the next session, with less inter-
ruption, and happier efliect.

*' I will not conceal from you, that it has
been very much svith the view to obviate mis-
representation, if possible, and to enable the
people to judge of the grounds, which have
been aflforded me, for the conduct I have
adoptedjthat I have entered into any detail upon
this subject ; the task has been painful to me in
the extreme, and I turn from it with peculiar
satisfaction, to ofler to you, gentlemen of the
legislative council, the acknowledgments that
are due to you, for that unanimity, zeal and
unremitting attention, which you have shewn
in your proceedings. It rests not with you that

287

y constitu-
te may he

iiiicil, and
— " I shall
g the new
)nvonience
bject', and
jtod to me,
if the free
ce, and to
ly his Ma-
e received
t ar entire
:)m I shall
oi' proper
ly be obvi-
he colony,
less inter-

mt it has
bviate mis-
nable the
lich have
let I have
etail upon
il to me in
|h peculiar
en of the
ents that
zeal and
ve shewn
you that

so little has been accomplished for the public ch«p.
good. To a considerable portion ol'the house ^'•
of assembly, my thanks are equally due. J trust "J^jJjJ^
they will believe, that I do them the justice of
a proper discrimination, in the sense 1 enter-
tain of their eilbrts, to avert that conduct of
which 1 have so much reason to complain, liy
this, gentlemen, you have truly manifested your
aftection to his Majesty's government, and your
just estimation of the real and permanent inter-
ests of the province."

This unique speech surprised the members,
who, at the utmost, anticipated no more than a
prorogation ; but, a dissolution attended with
such pointed censure, rather in the language of
a master than in that of representative of a con-
stitutional king, far exceeded their expectation,
and they rbturned to their constituents covered
with the opprobium of having incurred the
governor's displeasure ; a matter of no litUe
moment in the eyes of the multitude, as yet
unaccustomed to the freedom of the constitu-
tion. The country people who were at first
disposed to think favourably of the recent mea-
sures of the executive, graduall}^ however,
veered round, and were finally persuaded that
the house of assembly had been dissolved (or
having espoused their interests, in opposition
to the encroachments of the crown upon the
public rights. The press was put into violent
action, and the Canadien teemed with severe
and abusive commentaries on the speech. The
preamble of the bill of rights, in allusion to the

288

j; I', i'l

;h l^ili

('Imp. governor's measures with respect to the assein-

^^- bly, and as applicable to the existing circum-

1809. stances of tlie province, was inserted as a motto

at the head of that paper, now more tlian

ever industriously circulated in all quarters.

In the middle of June, the i^overnor left

Quebec on a tour through the province, attend-

a numerous suite, and travelled in

I (

irreat state. The principal citizens of Three
Kivers, Montreal, Saint John's, and William
llenrv, successlvelv received him with ad-
drosses of applause and thanks, for the inter-
position of the royal prerogative in dissolving
the house of assembly. These addresses bein":
inserted in the public prints, were criticised in
the Canadien, widi much asperity. On hi.^
return to Quebec, a congratulatory address,
numerously signed by the citizens, was pre-
sented to him, approving also of his "judicious
and firm administration," at which he expressed,
in a particular manner, his satisfaction, as
coniing from those '' whose situations" — he
said — " afforded them the- more immediate
opportunity of judging of die motives by which
he might be actuated on particular occasions."
'i'he following from " The Quebec Mercury"
of Monday, Gth November, 1809, announcing
the first steamer that made its appearance on
(he waters of the St. Lawrence, may now be
read w ith interest as a curiosity. It was the
conmiencement of an era, in the navigation of
those inland waters and of the lakes, the pro-
gress whereof has exceeded any thing thai

Mr:;

289

the assein •
rig circuin-

I as a motto
more than

II quarters,
veriior left
ice, attend-
ravelled in
; of Three
nd William
n with ad-
)r the inter-
dissolving

^esses being
criticised in
y. On his
ry address,
% was pre-
" judicious
expressed,
faction, as
\t ions"— be
immediate
:s by which
occasions."
Mercury''
nnouncing
earance on
ay now be
It was the
vigation ol
s, the pro
thing thu;

the most sanguine could have, expected at thechon
outset : — ' '^'■

" On Saturday morning, at, 8 o'clock, arrived here, from 1309,
Montreal, b(3ing her first trip, the steamboat Accommoda-
tion, with ten passengers. Thia is the first vessel of the
kind that ever appeared in this harbour. She is corilinually
crowded with visitants. She left Montreal on Wednesday,
at t\vo o'clock, so that her passage was sixn^.six hours ;
thirty of which she was at anchor. She arrived at Three,
Rivers in twenty-four liours. She has, at j)resent, births
for twenty passengers ; which, next year, will be consider-
ably augmented. — No wind or tide can stop her. She lias
75 feet keel, and 85 feet on deck. The price forajiassage
up is nine dollars, and eight down, the vessel supplying pro-
visions. The great advantage attending a vessel so coii-
structed is, that a passuge may be calculated on to a degree
of certainty, in point of time; which cannot be the case
with any vessel propelled by -sail, only. The steamboat
receives her im|)ulse from an open double-spoked, perpen-
dicular wheel, on each side, without any circular band or
rim. To the end of each double spoke is fixed a square
board, which enters the water, and by the rotatory motion
of the wheel acts like a padd'e. The wheels are put and
kept in motion by steam, operating within the vessel. A
mast is to be fixed in her, for the purpose of using a sail
when the wind is favorable, which will occasionallv accele-
rate her head way.

This vessel w'as built at the expense of, and
belonged to the late honorable John Molson, of
Montreal, to whose public spirit and enter-
prise the province is indebted for the first
establishment of steamers on the St. Lawrence
and lakes, the improvements in which from
this the first humble essay, to their present
wonderful state of perfection, truly are admi-
rable, although probably yet only in their
infancy, and still susceptible of vastly greater
extension.

. B b

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290

<'hHp. The arrivals from sea at the port of
J^^ Quebec, this season, as reported by the
\H09. returns of tlie harbour master, were 4'U),
but the tonna.'i,e is iiot stated.* The revenues
of the previous year (1808) Avere stated at
,€40,608, currency, and the civil expen-
diture at £'i 1/251, sterling. The sahiries ot
the oflicers of the legislature amounted to
iJ3,077, currency, including contingencies. —
The governor in chief's salary was stated in
the public accounts at £4,500, sterling, and
that of the lieutenant gt)vernor (absent since
1805) £ 1,500, making together XG,000.

It app(^ars by the pui)lic accounts of die year,
that Sir Robert Shore M lines, had ceased to
be lieutenant ^ovei'nor on the 28th of Novem-
ber, 1808, tlie honorable Sir Francis Natha-
niel Burton (brother of the Marquis of Conyng-
ham) succeeding him and receiving in his
stead the salary of X' 1,500, sterling, from this
period, for the tenure of that oiilce (a sinecure)
imtil, upon the remonstrance of the assembly,
he came to the province in 1822, the govern-
ment of which he administered for a short
time, as will be seen.

• Arc.mline to an official return laid bcforo the ni^soTinbly, \hf
number otMssfls clfareil iluriug 18U8, \vas 334 -Ions GG,373 — dittt;
of Dcw shipping 3,l)U2.

291

e port of
3(1 by the
^vere 4 '10,
e revenues
i slated at
n\ expen-
salaries of
lounted to
igencies. —
' stated ill
Drliiig, and
bsent since
.000.

of die year,
1 ceased to
of Novcm-
ncis Nalha-
of Convns:-
^ing in his
, from this
'\ sinecure)
assembly,
the govern-
H' a short

iti!-s(?nibly, tlu
ns GG,a73— -diUc

#\^L.

y i". a' , ! !!.j a-!i>ii.ii. ' LUL ' ^- ' j a

^ ' !l-l~ ' JLUS..! !

:i M»jL -'a g. ' !.. ' j - . j;,, jj BT

CHAPTER XII.

Elections — pnrliaiiKMit called together— Mr. Panet again
speaker — topics of the Hpeecli— Hurniioes thereupon —
resolution of the assembly touching the npeech at the
late prorogation — addroHd in an.svver — addresH to his Ma-
jesty in congratulation on his reaching the r)Oth year of
his reign— exj>edience of pr<jviding for the civil expendi-
ture considered — resolutions on the Buhject — address
thereupon to the king, lordn and commons- -the governor's
reniarkn upon th.ouj — asneinbly addri;.'»s his excellency for
an estimate for the year — promises compliance — expedi-
ence of an agent for tin; province in England considered
— hill for rendering the juilges incdigible to the assenihly
pns.-^ed — amen<ied in the legislative council and sent back

, to the aBseniblv — the bill luid aside — resolution for vacat-
ing the seat oi P. A. l)e Pomie (judge) — |jrorogation and
speecli of the governor — expresses iiis sense of the })ro-
ceedings of the assembly ami ins determination to distiolve
— addresses to his excellency — rumours — revenues of
ISM) — expenses of the same year — arrivals at Quebec
this and the j)revious year and ships built — revenue and
expenses of 1809.

Thk elections did not take place till Octo- ^,. „
ber, and the people liaving had time to reflect xii.
upon aifairs, re-el(*cied, contrary to the expec- "^^^^
tation of the executive, most of the late repre-
sentatives; removing some who were supposed
to have wavered, and subslituting others of u
less flexible temper in their stead.

The new assembly met on the 29th January.*

♦ 'rhii lollowiiijjf are tho narpes of nu^mbers chosen at 'he late
elections : —

County ot Quebec-— Hon P. A. Do Bojmfanii Ka]|*i Gray; Upper

■ V

:• S

t ! :|

:li

hi.

.lU

■-•

j. i

. i i

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i

i
1

'I'M

X!l.
18IU.

292

The speaker of the last assembly, (Mr. Panel)
being re-elected, was again confirmed by thi^
governor, in rather more gracious terms tlran
on the previous occasion. Ju his s])eech he
adverted ^to the unfavorable disposition of
Ani(»rica towards Great Britain : —

*' With roppect Id our relations with tho ainericaii govern-
uKMit, I am concerned to state to you, llu\t^ far from that
:unical)le settlement of the existing (hlVerences between us, ^
to whieli the orian^ement that had been i:,<!;reed on by Iris
Majesty's niinist(^r lead ns to k)ok forward, the circnm-
!siunces tljat liave since occurred, seem rather to have
widened the breach, and to have removed that desirn)de
<Hont lo a period scarcely to lie forseen by human sagacity.
Tlie oxlraoniinary cavils tliat tiave been made with a
succeeding minister ; the eafj;er research to discover an
insult, which defies the detection of all other penetration ;
the consecjuent rejection of furtlier communication with
that minister, and indeed every step of an intercourse, the
particulars of which are known by autlientic documents,
evince so little of a conciliatory disposition, and so much

'Vo\y:\ ai i^iu'luM', J. Blackwood ami C. IH'iic'chau ; Lower 'rown <»f
Quebec, rioire bedaul and .lohnJoiios; County el' Mouiieal, [jouis
Roy and J. B. .Durorlicr ; East Ward orMonUwil, Joseph Papineau
:iu(l .tanu'S SUiart ; West Ward i>r Moutna). 1). B. ^iirer. and.Tlios.
MfCord ; County of Sainl Maiiriee, M. ("arroii and Louis Gu}?y ;
Koroui^h of Three l\ivers, M. Bell and J. Badeaux ; Borough of
William lleruy, Edward Bowen ; County of Norlhuni]i(>rland, Joseph
Drapeau and Thomas Lee; County of Hanii)8hire. Francis Huot and
A. L. J. Ouchesnay ; County of Warwick, J. Culhbort and Koss
(^nthbert ; Comity of Leinster, Bonavennire Panel and T.Taschereau ;
(/ounty of Surrey, Pierre Bedard and Jos. lieauchainj) ; County ol
Orleans, J. Martineau ; County of Devon, J. B. Furtin and i\ Bernier ;
County of Hertford, F. Roi and Fnui^^ois Blanchet; County nf Riche-
lieu, L. Bonrda^'cs and Ilyaeinthe Delornie ; County of Buckini!;ham,
F. Le (vendre and J. Bte, Hebert ; County of Cornwallis, J. L.
Borijia and J. Robitaille; County of Kent, L. J. Papineau and P. D.
Debart7,ch ; County of York, John Mure and Pierre St. Julien ,
Comity at Huntingdon, J. A. Panel and Stephen Sewell ; County <^t
Bedford, John Jones: County of Dorchester, I'ierrelian^lois and T.
Taschereau ; County of EfHnt,^ham, J. Meunier and Jos. Duclos ;
County of C>aspe, G. Pylce. Ot the above, 13 were persons of
brilish, the othens of fronch origin.

^r. Panel)
led by the
terms than
s])eech he
:)0!sition of

'rican govern-
far from that
? bct\vo(Mi us, ^
'ccd oil by lri«
, the circimi-
iIIht t(» have
that ilcsirnl^U'
innn sngnrity.
made with a
I discover an
■r peneiration ;
inication with
iterrovirEC, the
ic (U)cument«,
and so much

Lowor Town ol
Montioiil, Louis
]losopti rnpinetui
i<.!:cr. arnl.Thos.
Ill Louis (iiij?y ;^
\ ; Horoiigh of
Kirlund, Joseph
Iraiicis Huot aii<l
ibert, and Ross
T.Tuschorruu ;
inp ; Co\uity ol
and F. Bornior;
)un1y rilirht-
f Hue I- J Hicham,
uAvailis, J. L.
liineau ami P. U.
Irro St. Julien .;
•ell ; County ot
jany;lois una T.
lid Jos. Duclos ;
re persons ot

ian.

29)5

\)f a disiiicliiialion, to meet the hoiioraMe advancetf(^'j-^
made by his Majesty's government, while these have XLl.
been further manifesteil in such terms, ami by hucIi v.-^^^
c«»ndm'.t, that the; continuance of peace between lis lyiO
seems now to de[)(UMl h^w.s on ti»e l»ii;h yonnded resent-
ment of America, than on the nnoderation with vvliich his
Majesty fnay be disj)Ohed t > view the treatment lie has
met vvitli.

" In laving before you the picture of our actual situation,
I am contident 1 do not deceive mvMcIf, when I feel it to be
unnecessary to urge you to be prepared fur every (W(mt that
may ariiso from it. In the great points of our security and
dofenne, 1 jjersnade inysidf, one heart and on-^ mi ml, will
-actuate all. On his iVlajesty\s part, should hostilities ensue,
i feel warranted in nHsurinj; y<«u of d^e necessary support of
•regular troops, in the confulent expectation of a cheerful
•exertion of tlio interior force of the country ; and thus united,
I trust we sfiall be found ecpial to any attack that can be
made on us. Animated by every motive that can excite
them to rebistance, oui- militia will not be umnindful of the
courage they have displayed in former davs, and the brpverj
jof Ins iVfajesty's arms has never been called in question.''

He eongratulated the legislature on the cap-
ture of Marlinicjue, and the battle oi' Talavera,
which had torn IVoiri the French that character
of invincibility they imagined themselves to
have possessed in the opinion of tlie world.
He recommended a renewal" of such acts as
might enable tlie executive government more
etfectually to discharge its duty, in guarding
against dangers which could scarcely be
remedied by the common course of law. He
called their attention to the practice of forging
foreign bonk bills, which, from the want of a
remedy in the present code of penal laws, had
of late, grown to a very dangerous extent, to
the prejudice of the neighbouring states oi

b 2

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294

^xiT -^iii^^iica, as well as to our own subjects. Witli
w-v^ respect to the matter wliich had led to the
^^J^- dissohition of the preceding assembly, he
observed : —

" During the two Inst sessions, \\\e question of the expe-
<lienc.y of the exclusion of his IMajesty's judires ol the comt
61" King's bench from a seat in the hout^c of representatives,
has been much agitatetl. Tliis question rests on the desire
<»f prechjchng the possibihty of tlu? existence of a bias on the
minds of ])ersons exercising the judicial functions in those
courts, from their being under the necessity of soliciting the
votes of individuals, on whose ])ersons, or on wliose pro-
perty they may afterwards have to decide.

'' Whatever might he my opinion on this subject, I never-
theless hold the. right of choice in the j)cr.ple, ami that <i!'
being chosen by them, in too high estimation, to have taken
upon myself, had tlie question ever come before me, tin
responsibility of giving his Mnjesty's absent to the puttini-
limits to either,, by the exclusion of any class of his sub-
jecis; and they are rights of which it is impossible to sup-
pose they could be deprived by fpry other authority than that
ol" the concurrence of the three branches of the legislature..

" That the channel in which flows the current of justice
should be pure, and free froni every the slightest contamina-
tion, IS too essential to the happiness of the people not t(
be interesting to a government which has solely that objert
in view: and it is perhaps little less necessary to that happi
ness, that there should exist in the minds of the public :i
doubt on the subject.

" In this latter vievy, I have tnought that the early dis-
posal of the question may be of utility, and therefore, ii.
recommending the subject to your consideration, 1 havi
U) add, that having received his Majesty's pleasure upon it.
I shall feel myself warranted in giving his Majesty's royal
assent to any proper bill for rendering his Majesty's judge -
of the courts of king's bench, in future, ineligible to a seat
in the house of assembly, in which the two houses may
concur."

This speech was misinterpreted into an

)jects. Wit!i

led to the

ssembl), he

on of the expe-
lea ol the court
representatives,
ts on the dcfiiri:?
of a bias on the
notions in llioso
tf soliciting the
on whoso pro-

jl)3eet, I never-

e, onil that fit'

, to have taken

before me, th(

to tlie putting

asy of his sub-

ossible to sup-

lority than that

tlie legislature.

I rent of justice

est contamina-

)eop1e not to

ly that object

to that happi-

the public a

he early dis-
therefore, iv.
•alion, 1 havi.
' a sure upon it,
ajesty's royal
ajesty's judge-
igible to a peal
houses may

id into an

295

avowal of j^'ecipitancy, in dissolving the lastci.ap.
parliament, and it \vas currently re])orted, ^^^•
that the ^y;overnor had incurred the displeasure ^^^
of ministers, by the exercise of the royal j^re-
rooative, in dissolving; tho late assembly. The
first measure of the house was to pass a reso-
lution — " th;it every aUempt n\' the executive
government and of the other branches of ♦he
legislature against this house, whether in dic-
tating or censuring its proceedings, or in
approving the conduct of one part of its mem-
bers, and disap])roving the conduct of the
others, is a violation of the statute by which
this house is constituted ; a breach of the
privileges of this house against which it cannot
forbear objecting ; and a tiangerous attack upon
the rights and liberties of his i\1 ajesty's subjects
in this province.'- — Yeas 24, nays 11,

The address responded in loyalty to the
speech : —

" Your Excellency may rest assured, that in layinir l)efore
us, the picture of our actual situation, it ir^ unnece^'sary to
urge us to prepare lor every event that may arise from it.
In the great point of our security and defence, your Excel-
lency may be persuaded, that one heart and one ndnd will
actuate all, and witli the assurance of the necessary support
of regular troops, united with the cheerful exertion of the
inlerior torce of the country, we trust that we shall be found
equal \o any attack tliat can be made on us.

" The sentiments of attachment manifested by the inhabi-
tants of this province lor iheir happy constitution, which
insures to theni the (cee exercise of their rights and liberties,
naturally commands their gratitude and fid/lity to a Sove-
reia:n and nation whence the inestinjable blessinj: is derived.
Animated by those and every other motive that can excite
resistance, the militia ef Canada will not be unmiiidful of

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1810.

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200

Chpp ^^^ r'ournge which thoy have displayed in former days, ond
\ll. vvill emulate the bravery of his Majesty's army which has
never been called in question,"

Immediately after the deliver}^ of the speech,
it was " resolved, ncm. con., that a committee
of seven members be appointed to prepare and
repoi't, witl) all convenient speed, the draft of
a loyal, dutiful and humble addres.^, to our most
gracious sovereign, congratulating hi.s Majesty
on the happy event of having entered upon the
fiftieth year of his reign ; and assuring him,
that none of his faitliful subjects are more
grateful to divine providence, than the com-
mons of Lower Canada, for the blessings
conferred on them by the preservation of a life
so valuable, or more sincere in their prayers
for a long continuance thereof."

Pursuant to this, an address to Ids Majesty
was drawn up, in the following terms : —

**We, your Majesty's dutiful and loyal subjects, the
representatives of the commons of Lower Canacin, mo.^t
humbly beg leave, on iiie opening of this session of out
provincial legislature, to ofler, with prolound submission,
at the foot of the throne, our most sincere congratulations to
your Majesty, on the joyful event of your having entered
on the fiftieth year of your reign ; a reign so glorious to your
Majesty, and to the british empire, diffusing happiness
?\nd prosperity to your faithful people, in every part of your
Majesty's dominions.

^' Your Majesty's dutiful and loyal subjects in this remote
-colony, acknowleilge with gratitude, and atfectionate attach-
ment to your royal person and government, the paternal
protection which tliey have so liberally enjoyed, in the full
-exercise of their civil and religious liberties nnder your
Majesty's reign, which has been further secured to them,

rnieriJiiys, oiid
rniy vvhicli has

; the speech,
a committee
prepare and
the draft of
to our rrioiit
his Majesty
ed upon the
;suring him,
' are more
n the com-
e blessings
tion of a life
eir prayers

his Majesty

s: —

subjects, the
Canadji, most
session of out
submission,
gratulations to
aving entered

orious to your
r'g hapjnness

part of your

in this remote
tionateattach-
the paternal
'J, in the full
s under your
red to them.

297

by that precious gift, the oxcelleiit constitution under which chap.
they have now tht happiiie><s to live. Xil.

*' Deeply impressed with a due sense of these inestimable ^-^"^
blessings, and of the beneficial encouragement afforded lo V^*^-
our agriculture and commerce, whereby the jtrosperity,
population, and reso\n"ces of this colony are most rapidly
encreasing: we glory in being an appendage of tluit empire
which so magnanimously bids defiance to the boundless
ambition of the common enemy of the civilized world ; and
contemplate, with pride and admiration, the distinguished
bravery of your Mcijesty's fleets and armies, in the arduous
and protracted contest, in which the nation is engaged, for
the supp;M't ol' social order, religion, and legitimate power.

" May the Almighty, by wi'om Kings reign, be pleased
to bless your Majesty, with an uninterrupted health a?ul
length of days, and crown the glorious elforts of your arms
with the success due to a righteous cause ; and when it
shall finally please liis Divine Wisdom to call your Majesty ^
from a terrestrial to a celestial crown, may the bright ex-
ample of your Majesty's virtuous reign be invariably imita-
ted, by your royal successors, to the latest posterity. Such,
may it please your Majesty, are the most humble and most
fervent prayers of your laithful Commons of Lower Canada."

This being presented, by address, to his
excellency, was forwarded through him to the
king: — " 1 shall, gentlemen," — said his excel-
lency, — " with great satisfaction, take the ear-
liest opportunity of transmitting, to be laid at
his Majesty's feet, your address on the ha])py
event of his entering on the fiftieth year of his
reign. Partaking most cordially in the senti-
ments of loyalty and attachment to his Majesty's
person and government which it contains, 1
have to offer you my congratulations on the
auspicious circumstance which has given occa-
sion to do so,"

The expediency of providing for the civil

i ,

1 1

I'ii ^

fr,r.-'

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II.

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ft! ''

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298

Chap, list, which hacL for some time previously, been
^^^- a subject ol' discussion in the public prints,

I81U. "^vas taken up by the house. It was maintained
that the province was now capable of relieving
the mother country of this burthen, which the
majority urged, would inevitably, at no very
. remote period, devolve upon the provinc(j
with accumulated weight. That to anticipate
the charge would, therefore- prove a saving to
the country. The minority opposed it with
some warmth. The notion of levying additional
revenues to the amount of fifty thousand pounds
(as it was reported w ith a view to discredit the
measure,) startled the country people, who, on
the other hand, were instructed that th(^
house of assembly having the entire civil list
at their disposition, would not fail to retrench
several pensions and to reduce the heavier
sahries, and, by that means, diminish the public
expense. A resolution was passed by the
house, that the province was able to supply
funds for the payment of the civil list, and loynl
addresses were drawn up to the king, lords and
commons of the United Kingdom.* In these, thi

• The resolutions were as follows: —

Resolved — That this province is at present able to pay all tin-!
I'ivii rxjK'nses of its government.

Resoh eil — That the house of iis.senihly ou-j^ht 1o vote, tiurini:
this session the necessary sums for tlelVayini^ the civil expenses ol
tlie sovernnient'of this Province.

Resolved— T])at this house will vote, in this session, the
necessary suajs for del'rayiug the civil expenses of the g(^vernment ni
this proN ince.

Mr. Bedard moved, seconded hv Mr. R. Panet. to resolve, that
iTiosi humble addresses be voied by this house to iiis Miiiesty, the housr»
of lords, and house of commons ; — settin* forth : — Thjit this hoiist>
^lath, in the present session, taken upon itself, all the civil expense^

299

ioiisly, been
iblic prints,

maintaineil
of relieving
I, which the

at no very
16 provinc(!
o antic i})a(e

a saving to
seel it with
g additional
sand pounds
liscredit the
jle, viho, on
id that th(^
tire civil list

to retrencli
the heavier
;h the publir

ed by the
to supply

t, and loyal

, lords and

a these, the

to pay all -the

ho vote, tiurins:
jivil expenses ot

us session, the
lie gin'ernment ol

1 10 resolve, that
liiesly, the house
rihtit: this hoii.se
lie civil cxi)ense>i

house expressed a sense of the many favonrs rhap.
the colony had experienced from the benefi-^^'

cence of the mother country, by which it was jaiu.

— —- — J

(if the trovemment of this province : that it eriterlams the most lively
gratitude tor the ns.sistfineeatronled l»y his iMajesty, inilelniyinjr them,
to the present tiniu ; for liis niiltl and heriijrn jfoverntnent, and lor the
hiippy ronstilution, bestowrd by iiis Maj( •^ity, and the j'tirliaiin^nt ot
(ireat Biilain, upon ihi.s provnu:e ; all which lias raised it to such a
pitch of pro.sperity, that il is now in u stale to support the said civil
expenses.
Tlie houst' divided upon the alnu'e (pjestion, ami the names were

token as fdlo-As :
Yeas — Me>>ri;'urs Bovlard, Diirocher, .(. L, Papincau, J^c, Borpa,

Meuiiier, 'raschereaii. Viirer, Diapeaj, iiernier, Saint .lulien. He-

h(!rt, Durlos. J\obitaille, Huol, C'an)n, C. Panet, Ls. Koi, IJhuichel,

Dehartzch and Heauchamp.
Nays — Mrssiciu'-s M-Conl, Howen, Mure, liell, Demachau, Jone*

of Bedford, Blackwood, (jugyand Kos.'s Cutiibert,

The address to his Majesty pursuant to the resolntions was a^
(ollows : —

" We yur Majesty's most dutiful and loyal sulijectstho representa-
tives of the commons of Lower Canada, in assembly met, humbly
bej; leave to approach your Majesty's throne, with hearts full of
loyalty and jj;ratitnde.

" We humbly beseech your Majesty to be assured of the sentimemn
i^f atlectioii entertained by your .\lniesty'8 subjects of LoMer CaniMJa.
and also to be jiersuaded that the people of this col(.>iiy, ever aita<,ned
!i' their sovereiijns, will never be sin-passed by any otluns williin your
Majesty'f!! empire, in the sentiments of regard and alfection which
they feel for yom- sacred person,

" We humbly beg leave io express to your Majesty, the lively grati-
tude which we feel, on a recollection of all your Majesty's favours,
iiul on a view of the stale of prosperity, to which this province ha?
.tltained, under your Majesty's paternal government, and the happy
constitution which has been granted to us by the liberality of your
Majesty and of the British jiarliamenl.

'* This state of j)rosperity is become such, as to enable us^to engage
TO pay, in the course of the present session «Tt the legislature, the civil
expenditure of the provincial government, which has hitherto been
chielly defrayed by your Majesty: and this effect of our pro.sperity is
the more gratifying to us, as your Majesty's people of Great Britain
have been so long burthened with tire expenses of a war, underiaken
for the protection t)f every part oi your Majesty's vast empire.

" Under these circumstances, your Miijesty's subjects in this province
feci themselves happy, in being now able to accpiit themselves of an
obligation imposed upon them by duty and gratitude.''

The above was carried on motion of Mr. Bedard, seconded by Mr.
Borgia, on a division of 13 to 3,

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300

i 1

li:

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t. I'vl

Chap, now enabled to take upon itself the charge of
^^ the civil expenditure of the government ; an
18J0. eftect the more gralilyirig to them, as the |)e()ple
of Great I]riiain had been so long burlhoned
with the expenses of a war undertaken for
the common protection of every branch of
her extensive em[)irc. The house of assembly
presented these addresses to the governor,
requesting he would be pleased to lay tliem
before his Majesty's ministers, for the purpose
of being submitted to the king, lords and
commons.

In answer to this request th^ governor
observed, that the addresses were, under such
^ peculiar circumstances of novelty, as to require
a considerable degree of reflection. That the
constitutional usage of parliament, recognised
by the wisdom of the house of commons, of
the United Kingdom, forbade all steps on the
: part of the people towards grants of money
i which were not recommended by the crown,
and although by the same rarliamentary usage
all grants do originate in the lower house, yet.
that they were ineflectual without the concur-
rence of the upper house : that no precedent
existed to his knowledge of addresses to
the house of lords, or house of commons, sepa-
rately by a single branch of the colonial legis-
lature : that for these reasons, he conceived
the addresses to be unprecedented, imperfect
in form, and founded upon a resolution of the
house of assembly, which, until sanctioned by
the concurrence of the legislative council, must

le charge of
mment ; an
s the people
> hurthened
Icrtaken for
^ branch of
of assembly
3 governor,
to lay them
tlie purpose
lords and

5 governor
under such
IS to require
. That the
recognised
inmons, of
teps on the

of money
the crown,
itary usage
house, yet
he concur-

precedent
dresses to
ions, sepa-
onial legis-

conceived
, imperfect
tion of the
ictioned by
uncil, must

301

be inefTectual ; (except as a spontaneous offer chap.
on the part of tlie commons of Cai^ada) ; that '^'^
they were conse(iuently premature: th:;t heisio
re^^'etted ho could not, therefore, take u{)oa
himself to transmit these addresses to his Ala-
jesty's minist(."s, impressed as he was with a
sense of his duly, adding also, that the min'isters
were not the rei'ular ori;aii of communication
with the house of commons, unless by his
Majesty's command ; that he could not,
therefore, pledge himself for the delivery of
these addresses were he to transmit them
through that channel — ^* Under some of these
considerations, 1 sliould equally feel myself
bound," — he said, — ** upon ordinary occasions,
to decline transmitting any addresses to his
Majesty, that might be under circumstances
similar to the present." But that on thisoccasion,
he thought it right to transmit to the king this
testimony of the good disposition, giatitude and
generous intentions of his subjects in the pro-
vince of Lower Canada. He said he thought
it right also, that his Majesty by their own act,
should be formally apprised of the ability, and
of the voluntary pledge and promise, which the
people of this province by this address to
their sovereign, and by the resolution upon
which it is i'ounded, had given to his Majesty,
to pay the civil expenditure of the province
when required, and consequently without
repugnance, demand from them the perform-
ance of diis solemn undertaking, whenever he
may in his wisdom, think it expedient so to do.

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Chup,
XII

302

For these reasons he eniirno-ed to transmit their

^ address to the king as they had requested. '-' I
ijKiu. desire, however," — said he, — •' thai it may be
distinctly understood, that as \ ought not, by
any act of mine, to corn|>romise the rights of
his jMajest}', of the imperial government, or of
the legislative council of this ]:)rovince, so I do
not, by this compliance with your request,
concede to the assembly of ihis province, or
adtnit thai, any step on their part, towards

ided

grants or money, which are not recommende(
by the crown, can be constitutional ; or that
any such step can be effectual, without the
concurrence of the legislative council, and the
fmal approbation of the king.

*' The expressions of aflection and of grati-
tude towards his Majesty and the two liouses
of the Jmporial pai'liament, for the favors con-
ferred on this province, under which it has
attained its present state of prosperity, which
you so warmly and so explicitly profess in youi
addresses, will not permit a moment's doubt
of the sincerity of your wishes to carry into
complete effect the resolution which is the
object of them. So commendable a purpose
entides you to every acknowledgment; and 1
cannot but lament exceedingly, that any cir
cum'^tances should exist, which, under a sense
of dutv, have compelled me to express myseli
on the subject, in a way, that may carry with
it, even an appearance, however little intended,
of opposing any check to the manifestation ch

ansmit their
uested. •* I
I it may be
>ht not, by
lie rights of
meiit, or of
ice, so I do
or request,
>rovince, or
rt, towards
commended
lal ; or that
without the
icil, and the

md of grati-
two liouses
favors con-
hich it has
rilv, which
fess in your
ent's doubt
l> carry into
hich is the
a purpose
aent ; and i
at any cir-
ider a sense
ress mvseh
carry w^ith
e intended,
[ifestation of

308

the sentiments, under which, I persuade myself, chap.
you have acted.'* J^

An address, in the mean time, was also ibiu.
presented to the governor in chief, informing
his excellency — " that this house has resolved
to vote, in the present session, the sums neces-
sary for paying all the civil expenses of the
government of this province, and to beseecli ;
that his excellency will be pleased to order the
proper oflicer to lay before the house, an esti-
mate of the said civil expenses," — to wliich
his excellency answered, that he would give
directions [\\,\\ the ilesires of the house might
be complied with. The sudden proi'ogation
wdiich soon after ensued prevented, however,
the transmission of the public accounts and the
estimate called for.

The answer of his excellency relative to the
addresses to the king, lords and commons,
being received, '' a connnittee of seven mem-
bers on motion of iMr. Bedard, was appointed to
search for and enquire upon the constitu-
tional points and parliamentaiy usage men-
tioned in the answer made by his excellency
the governor in chief, to the humble address
of this house to his excellency, presented to-
day, and to report with all convenient spee(i."
iXo report was made, the prorogation taking
place two days after this, preventing it.

The appointment of a colonial agent in-
England, as mentioned before, had been con-
templated by the late house of assembly, and
the subject was again taken into consideration

304

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iii

* J.

Chap, in the present session, but without effect. The
J^^ advantages proposed by this measure, were,
Isiu. a regular and direct intercourse between the
house of assembly and the imperial government
as well as tlie commons of the United Kingdom,
and a check upon the executive of the colony
by their means. A bill to this intent was intro-
duced, but did not arrive at maturity in the
assembly.

During these occurrences, a bill for render-
ing the judges ineligible to seats in the house
of assembly was introduced, and having passed
below, was transmitted to the upper house.
Here the bill was amended bv the introduction
-v of a clause postponing the period at which it
should take effect, to the expiration of the pre-
sent parliament, and sent down for the concur-
rence of the assembly. The house, indignant
at the amendment, and regai'dless of it, passed
ci resolution " That P. A. De Bonne, being one
of the judges of the court of king's bench,
cannot sit nor vote in this house," and declared
his seat, as one of the members for the county
of Quebec, vacant — yeas 18, nays 6.* This
measure again broui>;ht thin^rs to a crisis. His ex-
cellency, ontlie following day, (2Gth of Febru-
ary) went down to the council chamber, with the
usual solemnities, and requiring the attendance

* The ni'^mhrrs who \'ot(:''tl on the (jiioslion. ■were: —

Yeas — Messieurs 131anehet, Eourdaijos. Bedard. L. J. Piipiiicaii,

Taschtnoan, Borgia, Drapeau, Fortin, Saint Jul ieii RoliitaiJlc, Lee,

Hiiot, :\Ieiniier, Duvochi-r, B. Paiift, Lauirlois, Beauchanj]), and

Debartzch— 18.
Nays — Messionvs M-Cord, Blackwood, Mv.ve, Dcnechau. Ross

Cuthbert, and Guiry— 6.

[iffect. The
sure, were,
ctvvecn tiue
government
cl Kingdom,
the colony
it was intro-
uity in the

for render-

i the house

v'mg passed

)per house.

ntroduction

at which it

of the pre -

:he concur-

I indignant

^ it, passed

, being one

g's bench,

d declared

the county

6.* This

His ex-

of Febru-

r, with the

attendance

J. Papiju-au,
.oliilaiJlf, Lee,

iiochau. Ross

305 •

of the assembly, he informed diem, that he had chnn.
come down for the purpose of proroffuins; the ^^^'
parliament, and that upon a mature considera- |v<io.
tion of the circumstances which had taken place,
he had determined again to refer to the sense
of the people, by an immediate dissolution : —

" Whatever (sniii he) might be my personal wishes or
however strong might be my desire that the public business
should suHTer no interruption, I feel that on thi.s occasion,
nothing is left lo my discretion. It has been rendered
iinpos'sible i'oi me to act othervviye, than in tlie way T am
prot)0.<inn;.

" The house of assemitly iiavc ta'uen upon (heniselves
without the participation of the other l)ranche« of the legis-
lature, to pass a vote, that a judge of his Majejjty'B court of
King's bench cannot sit nor vote in their house.
, *' However I might s!et aside the per.sonal feeliriirs which
would not be unnatural in me, as to llie mode in which
this transaction has been contlucted towards myself, there
is anotlier and infinitely higher consideration arises out of it,
which I must not overlook,

" It is impossible for me to consider what has been done
in any other light, than as a direct violation of an act of the
imperial ])arriament : of that pr.rbament which conferred
on you the constitution to which you profess to owe your
present prosperity : nor can I do otherwise than cons;der
the house of assembly as having unconstitutionally disfran-
chised a larjTe portion of his Majesty's subjects, and rendered
ineligible by an authority which they do not possess, another
not inconsiderable cla^s of the couununity.

'^ Such an assumption 1 should at any rate feel myself
bound by every tie of duty to oppose ; but in consecpience
of the expulsion of the member for tiic countv of Quebec, a
vacaticy in the representation of that county has been de-
clared, and it would be necessary that a new writ should
issue for the election of another member : that writ would be
to be signed by me. Gentlemen (said he, with warmth
and emphasis) I cannot, dare not render myself a partaker
in the viollition of an act of t'.ie imperial parliament, and I

c c 2

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hrf-i

306

Ciiap. l^"f^w no Other way by which I can avoid becoming so, but

XII. that which I am pursuiitg.

v^^-^ " When we met I felt mucli jsatisfaclion in the con«cioih>

lyiu. jiess of havinjT taken such steps as I thought most likely to
facilitate, indeed I thought would do away every possible
objection to a measure that seemed to be wi>hed for, and
that in itself met my entire concurrence: but the only
objection that can I think exist in the mind of any reasona-
ble man to the eligibility of the Judges, arises from the
possible effect that may be produced by the necessity it puts
them under, of soliciting the votes of the electors. No
well grounded objection can be otlered to their sitting in the
house when they are elected. On the contrary, their
talents and superior knowledge must render them highly
useful, and were it not for other conr^ideration-^ highly desi-
rable members. I cannot but exceedingly lament, that a
measure wliich 1 consider as beneficial to the country
should not have taken eflect. The people however in the
disapi)ointment of their expectations will do me the justice
to acquit me of being the cause that so little of the public
business has been done."

On his entrance and departure from the
council chamber, the governor in chief was
cheered by the people, with loud and repeated
acclamations. His military promptitude again
exceeded the expectations of the Canadian
public, (a very large majority of the popula-
tion) who, nevertheless, universally expressed
their resolution of reelecting the late mem-
bers, entertaining the opinion, that the gover-
nor, influenced by the judge, only wished to
screen him from the ignominy of an expulsion,
wh-ich they were told and willing to believe the
assembly had a right to insist upon, andthat its
behests in the matter were tantamount to a law.

After the dissolution, addresses flowed in
upon the governor from all quarters. The city

ft ' ;

mug so,

bui

e consciour,-
lost like'y to
ery possililo
led for, and
ut the only
iny re a sona-
rs from the
essity it puts
ectors. No
sitting in the
ilrary, their
tliem highly

higlily (lesi-
nent, that a
the country
ever in the
3 the justice

the public

from the
hief was
repeated
de again
Canadian
popula-
[xpressed
te mem-
le gover-
Ivished to
'ipulsion,
llieve the
dthat its
I to a law.
>wed in
DThe citj

307

and county of Quebec, the city of Montreal, ^^^^
the inhabitants of Terrebonne, the town of xu.
Three Rivers, the Borouojli of William Henry, "^'^
the counties of Warwiciv, Orleans, and various
other parts, were conspicuous on the occasion,
addresses coming from each. The late mem-
bers, assisted by their friends, in the mean time,
exerted themselves diligently to secure their,
reelection. Songs, and pasquinades adapted
to the vulgar tas*e, and calculated to rouse the
baser passions were composed and circulated ;
die " Canadkiv'' teemed with diatribes, ad-
dresses and abusive observations on the occur-
rences of the day, and die measures of the exe-
cutive ; while on the other hand, the discovery
of cabals and plans of insurrection and rebellion,
were myster''^usly whispered among those con-
nected with tiie government. Ai one moment
it was rumoured that the frencli minister in
America had supplied large sums in gold, to
promote the views of the seditious in Canada ;
at another, that the whole of his correspond-
ence had been intercepted by some confiden-
tial agents of our government. These reports,
though utterly groundless, and treated by the
adverse party as malicious fabrications, were,
nevertheless, evidenUy intended to prepare
the public mind for another crisis.

The assembly having " resolved to vote in
the present session the sums necessary for pay-
ing all the civil expenses of this province," it
may be satisfactory to look at its revenues dur-
ing the year (1810} and the sources whence

• I !

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308

r*''

if i HI

\> II

II''. '

Chap

lUlO.

thev were deriveJ. The reader, by rcferrino;
back to page 202, in which he will find a
statement of the provincial revenues and ex-
penihture for 1799, will perceive the increase
made during the last ten years, un')n the
income and outlay of the province: —

Account of Provincial Ro'"enuf5 collected and received
between the (Ul I January, 1810, and Gth January, 181 1 : —

No. 1.

Casual umlfenitoriid rev enuo - - - -
J.)iiiit.'s itndiT iho .StalnUs nt"
the Gth (uo. [[, klk G

Geo. 111. -

( Dittd uudL'V the Statute ol'tho

) l:lthG.'u. III. .i.'llS()7 6 loa

^ Licencf's under do. do. IH()2

Datios under the jnov. aft 3,'}d Geo. III.,
( Licences under do of 3;)t J I do. 1714
(Duties under do. do. do. linuo 15 ;^.^

X 421)2 y 4|
ini 10 1^

i;ii(i')
2yM

G 10

^ Licences under do. 41st do.
^Duties under do, do. do.

2 1 024 15 S^

7r> {)
IN ^7 13 :{

i .

10.

11.

12-

1962 ir> r,

22(i74 14 104
1874 1 1 :<
4

Dilio under do. 45tii do. - - -
Filotut!;e Dutiep under do. do.
Licence.^ under do. 47th do.
Duties inider do. 4^th do.

Cap. lUth 800 9 lOi

Ditto uinler do. Cap. .'iitli, - - 5J2 4 7:i
Fines and Forl'eiiureti . » - - 175 12 t'.^
• --#(1

Currency jL'70;:>5G iO 3

Errors excepted,

Qimbec, 7th February, !81l.

J. HALE.,

Jn.spr. Geni. P P. Accts,

Of the above, it is to be observed, only the
1st, 2d, 3d and 4th items w^ere applicable
towards defraying the administration of justice
and civil government, together with <;t'5,000>
sterling more, under the the 35th Geo. III.,
ibr the .same purpose, making in all something

300

and received

laif)') c lo;

21G21 15 SJ

£70350 iO 3

over j£26,000, currency. The, surplus was forctM,'
the most part unappropriated monies remaining ^'^
at the disposal of the legislature. The expenses i«siih
of the civil government, lor the year, were
£49,347, sterling, including cf3,964, ** being \
the just proportion of duties imposed by the
legislature of this province, thai the province
of Upper Canada was entitled to receive,
between 1st .lanuary and 31st December,
1809.'' Besides this, were die expenses of the
legislature, including salaries and contingencies
amounting to £3,734, currency.

By returns laid before the legislature, it ap-
pears that the number of vessels entered at llie
port of Quebec, and cleared was 635 — tonnage,
138,0.57. Vessels built and cleared 26 — ton-
nage 5,836. The returns of the previous year
(1809) state the arrivals at 433 vessels — ton-
nage 87,825, without specifying the number
built at Quebec, and cleared out. The reve-
nue for the same year is stated at £07,932,
currency, and tlie expenditure £41,521, ster-
ling-, besides salaries and contingencies of the '
legislature, £2,246, currcncv.

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CHAPTER XJII.

Observations on times past, aiid present — the press —
liitherto not heneliciiil in Curifula — vi(»leiit seizure of the
press of Le Canndicn — imprisoiinienl of certain geiitle-
men t'oniu'cteil will) it - remarks — pret>entment ol' tiie
granii jmy at Quebec — apphcation in favor of j)risoners
for Habeas corpus-- ri'fused — snnie of tiiem releai^ed on
account of their heallh — judge De I^onne retires froni the
IxMich - Craig's road iua<le~-parlianient meets — Mr.
Pnnet again speaiier — speech — message lelating to Mr.
Bedard--- addres.s ('f the a:-semh!y --sharp reply of tlie
y;overnor~bill passed as desired by tlie governor — resolu-
tions of the assembly relating to Mr. Bedard, and address
to the {.governor — not presented — miscellaneous proceed-
ings — favorable conclusion of the session and proroga-
tion — governor's character — Mr. Bedard's enlargement —
governor's allocution to the executive council concerning
him — retires from the government — a remarkable general
order by him — p.ostscript — documents interesting to iiis-
tory.

Until recent times and the crises just
xiii. noticed, we have seen but harmony in the
legishuiu'e, and among all classes in ilie
province, with peace and plenty throughout
the land. We are now entering upon a
period of transition from that happy state,
to one of agitation and discord, stirred up
by candidates for popular lavor and support,
and die polidcal intriguers in their interests, in
the various quarters of the country, mischie-
vously working upon the prejudices of national

Chap.

laia

V \-

-the pres.s —
seizure of llie
Di'tain geiitle-
itment of the
[• of j)risofuM's
1 rc!e;i«!d on
tire.s from the

meets — Mr.
lating to Mr.

reply of the
^rnor — resolu-
, and address
?oiis proceed-
and promga-

largement —
concerninj}:

sable p.nieral
eating to his-

ses just
IV in the
ill ilie
hroiigliout
upon a
py state,
stirred up
1 support.

terests, jn

mischie-

>f national

311

origin in the people, at»(i for which, it is alsochup.
true, pretexts wx'.ve sometimes found in occa- ^^^'
sional^ remarks tVom english prints in the ^'olony."^^"

The pres> in Canada, consisted at this time
in all, but of fnD week'y pa})ers, tin-ee ol' them
issuins: at Quebec, — that is to say, — '* The
Quebec Gazetle,'' the first and oideiJt paper
in Canada, then, as still, in the hands of
Mr., now the honorable John iN'eilson, — the
NnsTOH, as for his wisdom, discretion and
ability, as an editor, he i^ jnstly called,
of the Canadian press — then ^ aolished in both
languages, and the odicial paper of the govern-
ment, from its establishment. Secondly, —
" The Quebec M'rcuri/,'' published wholly in
english, by Thomas Cary, esquire, as already
stated ; and tiiiidly, ''Lc Canadieji,'' in frencii,
owned by a variety of individuals who had set
it on foot by subscriptions, and who paid their
own editor, generally a person without any
determinate interest in the concern, and hired
for the purpose. The two others were '* The
Jilonlrcal Gazelle,''' establislied originally in
1778, and published in bnih languages by Mr. ■
James Brown, and " The Couranl^"' o{ the
same city, published in e^'^!'sh by Mr. Nahum
Mower. A more respects -ess did not

exist in any province of the onuoh empire, at
this period than that of Lower Canada. Sin-
cerely do we wish that as much could be said
of it, in this our present day.

But this, admirable engine, — dreaded alike
bv the despot and the demagogue,— onmipo-

' i'

312

) I

■'

r ^

l!'i.

i'-(

■n^

f '

rhap, ^^'"^ ^^*' -^^'^^^ ^^' *^^'''' according to the hands
xifi. that direct it, has not, however, been so far, in
'j^p' Canada, a fortunate experiment, but rather the
■ reverse. It lias scattered abroad the seeds of
discontent, destroyed harmony, produced dis-
union and division between fellow subjects, on
the idle score ot* their diflerencc of origin and
of language, fomented party spirit, agitated and
arrayed the people in masses against each other,
the iinal ell'ects of all which it is impossible to
foresee, though we may but too surely count
upon results any thing but desirable. If the
liberty oi' the press be a blessing, as on the
whole no doubt it has been, and is, to man-
kind, it also has its attendant curses. But let
us not despondingly abandon altogether hope
of a reform in it also, as in other things. — It
would be premature to pronounce it a Riilure,
as yet only at the outset as it were, of its mission
in Canada, — nor too hastily conclude, from the
temporary evils we have felt and feel from it,
that in the long run, its advantages may not, on
the whole vasUy outweigh, even with us, the
inconveniences resulting from it, in the strife
and dissensions we have occasionally been
involved,* principally by means of it. — More
powerful than the countless legions of the
mightiest autocrat that ever swayed a sceptre,
like them, its inlkiences must also be ruled
by a superior, though to us invisible, but all-
wise and beneficent power for good purposes.
Holding on progressively its steady course,
preceded by letters^ those magic harbingers of

the bands
a so far, in

rather the
e seeds of
duced dis-
ibjects, on
orighi and
L^itatcd and
each other,
possible to
rely count
ie. If the

as on the
s, to man-
3. But let
3ther hope
things. — It

it a failure,

its mission

e, from the

el from it,
ln;iy not, on

ith us, the
li the strife

^lally been
it. — More

)ns of the
a sceptre,
be ruled

le, but all-
purposes.
ly course,
■bingers ot

.S13

light to the human mind, " conquering and tochan.
conquer," — in itself an empire, dispensing in ^'*^
its career knowledge to tlui nations, their best ^^iq
wealth and firmest power — gathering as it goes
fresh and increasing strength from the dissemi-
nation of its own exhaustless elements, and in
character peculiarly christian, it pervades and
will subdue the world to its dominion, bear-
ing religion, civilisation and freedom, to the
remotest ends of the earth.

The province, by this time, from the agita-
tion that had arisen, was divided into two
distinct forties ; the one Canadian, of french
origin, and opprobriously called (for they did
not choose to be termed french, an appellative
odious in its application to them, and therefore
offensive, although the notion of a " la nation
canadienneV and ^^ nationalilt?^ was not yet in
vogue,) the french party ) consisting principally
of the rural and agricultural population; the
other british, comprising all, or nearly so, of
british birth or descent in the province, includ-
ing the commercial body, without scarcely an
exception, each now unhappily animated against
the other by a blind parly spirit, and fierce
almost to hostility and the knife, imputing to
each other the most iniquitous and absurd
views, and bandying abuse; the one set charac-
terising their opponents by the odious cant rerms
of " anti'Canadiens, chojjens, or anglais^^ —
those of " frenchmen, democrats, bontefeus,
being as freely and indeed angrily bestowed in
return by the other class. — The apparent origin

! '

I <t

> !i

Mi'

Ira

I !, ■ ;

314

that), of these j)arties is to bo Ibund in the eonflict
^^^ previously noticed between the commercial and
i«i() agricultural interests with respect to the** gaols'
bill," rather than in any prejudices of national
.' origin, which, however, having slumbered
till then, there is no doubt that this struggle
" awakened on both sides. — Hut antipathies of a
far different and deeper nature had been kin-
dled in tlieir progi'ess, and threatened to involve
the whole social fabric in conllagration.

-The storm that had been gathering for some
time, was now ready to burst. The elections
were approaching, and the executive seemed
determined to strike a blow, that would sur-
prise the j)eople, and silence their leaders.
— On the 17th of i\Iarch, a party of soldiers
headed by a magistrate and two constables,
proceeded to the Canadien printing office in
Quebec, under the sanction of the executive,
where having forcibly seized the press, with the
whole of the papers of every. description found
in the house, they conveyed them to the vaults
of the court-house. The printer* was appre-
hended, and after examination before the council
committed to prison. The guards in the mean
time were strengthened, and patrols sent in all
directions through the city, as if an insurrection
were expected. The public, struck at thes<
appearances of unusual precaution, remainen
in suspense ; expecting an official revelation
of some deep laid conspiracy-! The Montrea;

• Mr. Lefrancoi.s.

f The event alluded to was noticed in the Quebec Mercury, of th^j
I9th March, 1810 ; but, to enable the reader to understand the sen.^'.

f' I

he conflict

n\crcial and

the " gaols'

, of national

sluml)ered
fiis struggle
ipathies ol a
ul been kin-
ged to involve
ration.

•ing tor some

rhe elections

utive seemed

it would sur-

their leaders.

ly of soldiers

^o constables,

ting office in

he executive,

press, with the

^cription found

m to die vaults

>i-* was appve-

fore the council

lis in the mean-

lirols sent in all

[an insurrection

Ltruck at thes(

[nion, remamed

icial revelation
The Montreal

liebec Mercury, of th^
to understand the sen... I

315

courier was detained beyond the usual time, chdi)
with a view as it was said, of preventinj^ a re- ^"^
port of the measures resoited to from spread- TsuT

eiiliTlained tif tlie lunuiiufj;*' ami doctrine of the '• C'«Tjaf/irn." by the
** Mcrciiiy,^* which nuiy he <-onsi<l«'red n« cvprrhsin:,' the opinions ol" tht'
hritish puhhc, u[thol(hnt; it, un tirliclc prt'ci'dinj; Uu- uniioiinccnifnt in
that pa|)('r ol \\w sc'i/.urc oltlic piv'ssol' he I ainuli«'n, is i,i\'«Miiis |)rii)V\ .
It is im )<>8sihlo ill a work ot' this iialiire If' product* thi; nrlich's to
wliic'li tl e l>(lil(tr ol'thc Mrrcniy n'lcrs — all trial i-au h<.' Raid here upon
tlu' subject, and lliat in lairiifss. lo put tbc reader on liis j;iiard,(»in{ht t)
bcHaid, is, that these two papers, '<;/'^n Quebec Mercurif^^ aiHl"iL< Cana-
^Z/V/i," weie anlaijfuii.'^tic in jiolilio : tlie loniicr eimliHli and ^overnnief,-
tnl, the latter fren'di cjuadian, ami inop|>o^ition to the exeeutive. and
consequently that the reailerniay takt- tlie ohservutioiiM for just what
he may think them worth. It may not be inapj)r(ipriate to add ak-.o, that
tiniest and taste have so much altered in Canada, nilliis respect, that
if the productions wiiiih, in that day, wtie termed seditious, were'
now to he reproduced in the public journaL*!, they \\oul(l seem very
pitiful and Ihit indeed, compared witii iho'^cof (Very day occurrence
and in boih lanyuaj^CH : —

" None who have read the l:ist numbers of the Cunailicn hut must
he struck with the doclrinr ..'peatedly incu'calid in therri. partien-
larly in No. 1;"). that the public have not the n;.!.! toctiisu'c oi exa-
mine the conduct ol the house of a.s.sen]bly, tbrnied of men deputrci by
the people, to act for them. By this mode of rfc'a.s<>riingthe rtpresen-
talives of the peojile, may run \\\\o every f;pe''ies ot mudiifss, even to
the pri\atiou of every ri;:!:ht and every shillinfj the people possess, and
not a word is to be uttered on the subject, but in such a way as the.se
petty tyrants may think proper to dictate.

" We are at a loss which to admire most, their tyraruuca! spirit or
their consuiTniiate vanity. A strikmsproof of the latter is that they
will allow no one to be a jiidtre of the question of the expidsion of
)Lid;^eDe Fionne but themselves. They say. of all those who siijned
the Quel)ec address to his excellency, not one is capable of uudcirstai d-
mg the nature of the question.

" Thu.s mu<'h on the part of the people. On the part of the ^'overn-
ment we take leave to observe, that iji a dependence such as tiii.* colo-
ny, when we see the government daily Houted, bearded tindticated
with the utmost disrespect and contumely, with the view of briniiinu
It into marked contempt, win expect nothinj^ less than that iis pati- ,
ence will be exhausted, and euerg'e/ic measures resorted 'o. as the only
efficient ones.

'• From any part of a people conquered from mretchedness into every
indulgfince and the height of prosperili/, t-uch treatment as the govern-
ment continually "eceives, is far difl'erent from what ought lobe
expected.

'• After the the late conciliatory step, proposed by tlie kuiii's
representative, at the opening of the last session of our parliameiit.
we cannot help viewing the returns made as the niost incorrigible

iji^

■|i

' lull

l(i

316

Xlll

J810.

■%W'I;:1

i ■(

Chap, ing abroad, until the expected discoveries
were made. Three successive days were
occupied by the magistrates and law officers of
the crown in examining the papers seized. On
the 19th of March, three french Canadian gentle-
men* w ere apj)rehended under warrant, signed
by three members of the executive council and
committed to prison. Three others in the dis-
trict of Montreal! were in like manner commit-
ted, all, on a charge of treasonable practices.
These commitments it is scarcely necessary to
observe were made under the " act for the
better preservation of his Majesty's govern-
ment." No discovery of any importance re-
sulted from tlie search, but the hastv imprison-
ment of the gentlemen mentioned, gave cur-
rency 'to the tales of intended insurrection that
were circulated, and it was generally under-
stood that the government was in full posses-
sion of all the circumstances of the supposed
conspiracy. There is, however, to this day, no
proof before the public of the slightest plan to
subvert the government: and the reader, in
the absence of just grounds for such a pre-
sumption, as well as from the enlargement of

ingratitude. But Ihore aie characters in the world, on whom benefits
ha.v«' no other effect than to produce insolence and insult.

*' The stroke is struck. — The Canadien has received its mortal
blow. — The greatest misfortune that can ever happen to the press is
»'or it: to be in the jiossession of invisible and licentious ha-nds. We
say no more — we war not with the dead."

• Messieurs Bedard, BhmchetandTaschereau, members of the lale
House of Assembly.

I Messieurs Pierre Laforce, Pierre Papineau of Chambly, and
Fian<,'ois Corbeil of Jfsle Josus.

, h

•H

iscoveries
lays were
officers of
ized. On
ian gentle-
nt, signed
:ouncil and
in the dis-
er commit-
praciices,
icessary to
ict for the
fs govern-
)rtance re-
y iinprison-

gave cur-
rection that
ally under-
full posses-
e supposed
this day, no
test plan to

reader, in
uch a pre-
wgement of

oil whom bcncjits

isuit-

ceived its mortal
lento the prftss is
tious hawls. We

lembers of the late

i)f Chambly, ami

317

the prisoners without trial, is left to judge chap
whether the proceedings resorted to on the ^^^^
occasion were the result of well grounded TS^^
apprehension of disturbances, or an unnecessary
exertion of power. There ceriainly was much
excitement throughout the province, from the
agitation of party leaders, principally profes-
sional men residing in the cities of Quebec and
Montreal, their partisans and the petty dema-
gogues in their interests, but which, if left alone,
would probably have burnt kself out.

On the 21st of March, the Governor issued
a proclamation.* The earnestness that flows

• This remarkable proclamation, evidently the production of a
haughty but generous mind, is given to the reader, as a piece of lite-
rature, not only worthy of his perusal, but of being placed on record
for perusal in afler times : —

" Whereas divers wicked, seditious and treasonable writings have
been printed, pubtishefl and dispersed in the province, with the care
aijd government of which lam entrusled ; and wherfjas such writings
have been expret^sly calculated to mislead his Majesty's good subjects,
to impress their minds with distrust and je ilousy of his Majesty's
governmeut, to alienate their affections from his Majesty's person,
and to bring into contempt and vilify the administration of justice,
and of the government of the country ; and whereas, in he prosecu- .,
tion of these wicked and traitorous purposes, their authors a' ! abet-
tors have not scruphsd audaciously to advance the most grass and
daring falsehoods, whilst the industry that has been employed, in
dispersing and disseminating Ihem at a very great expence, but the
source of which is not known, strongly evinces the ])erseverance and
implacability with which it is intended that these purposes should U'
pursued; and whereas, consistently with that duty, which I owe to
his Majesty, and that affection and regard with which I view the
■welfare and prosperity of the inhabitanis of this colony, it was im-
possible for me any longer, to disregard or suffer practices so directly
tending to subvert the government of the former, and. to destroy the
happiness of the latter. I do therefore, hereby annouri-e. with the
advice and coiicuneiice ol his Majesty's executive council, that with
the same advice and concurrence measures have been adopted, and ■
that due intormation having been given to three of his Majesty's said
executive councillors, warrants as by law authorized, liave been
issued under which some of tlie authors, printers and publishers of
the writings aforesaid, have been apprehended and secured.

I) (i 2

^iiii

Hi!

f i

318

Chap, through this production shews the determination
^ii'- with which he intended to persevere in his
,,.{ii^ measures, evidently the result of a conviction on

^hi

i-i

mi'ii

'• Deeply impressed with a desire to promote, in all respects, tin-
^vell'are and hap])iness of the most benevolent and best of" Sovereigns,
whose laithfiil servant I have been for nearly as lonj^ a period as the
oldest inha))ilant has been his suhjeot, and whose hiiihest displeasnre
( should iiicur, if J made any other than that happiness and welfare
the tuie of my conduct, it vsonlo indeed be with a very sincere con-
'•ern, that 1 should lind reas(»n to believe that the arts of li>'se factious
and desi:^nin<2: men had i)rotluced any effect, and that doubts and
jealousies should have^found their way, and have established tiiem-
selves m the minds of deluded persons.

" Tothesf', if any such there be, and indeed to the public in general,
I would recall the history of the whole period during; which they have
been under his Majesty's government. Let them remember the stalf-
they were m wheJi they became british subjects ; and let them bear
h\ their recollection the progressive advances they have m;;de to the
wealth, happiness, security and unbounded liberty v hich they now
enjoy. During fifty years that they have been under the english
doinunon, has one act of oppression — has one instance of arbitrary
imprisonment — or of violation of properly, occurred? Have you
in any oiieinstan«-e, or under any one circumstance, been disturbed in
the free and uncontrolled enjoyment of your religion — and lastly.
A'hile all Europe has been deluged in blood, and while various of his
Majesty's other colonies and possessions have at times experienced
the horrors of war, and some even under the vicissitudes of that state.
have undergone a deprivation of their inestimable hapjuness of living
under british laws and british government, by becoming a prey to
tempoiriry conquest, h;iv*> you not enjoyed the most perfect security
and tranquillity under the powerful protection of that same govern-
ment, whose Ibstering and ])aterna[ care has been equally employed
in promoting your internal welf\ire.

•' What then can be the means used by these evil disposed aiid wicked
persons, by which they can hope to bring about their traitorous and
.mi!)itioas desio;ns — by what arguments can they expect that a people,
in the enjoyment oi' every blessing that can contribute to happiness
in this world, shall renounce that happiness, toembruce their view.s 'i
Hy what argument can they expect that a brave and loyal people,
hitherto impressed with the warmest and sincerest attachment to the
i)est: ot Kings, wiiose whole reign has been one series of beneiits bes-
towed on them, shall abandon that loyalty and become monsters ot
ingratitude, fit to be held up to the detestation of the world, to pro-
mote tiit'ir projects } It is true, the most base and diabolical faise-
hood.s are iusitJiou'^ly promulgated and disseminated. In one part it
is announced as my intention to embody and make soldiers of you, and
that hav:'ig a[)plied to the late house of representatives to enable me
to assemble twelve thousand of you for that purpose, and they hav-
inz declined to do so. ( had therefore dissolved them. This is not

319

:irmination
ere in his
riviction on

lU respects, the
I of Sovereigns,
a period as the
lest tlippU:asur<'
ess und welfartr-
ny sincere coii-
of tl>'se lactitnjs
hut doubts and
tablistied thetn-

lubliciri general,
which tViey have
nenjber the stale
nd h;l theni bear
lave nr.ule to the
V hieh they now
lulev the eiiijiish
nee of arbitrary
red? Have yon .
been disturbed in
Tion — and lastly ,
He various of his
mes experienced
udes of that state,
.ppiness of livms*-
)niini; a prey to
perfect security
at same i,Mn-ern-
qually employed

posed and wicked
ptr traitorous and
ectthat a peopk',
)iite 10 happiness
liice their views 'i
,iid loyal people,
ittachment to the
es of benefits bes-
iriie monsters ot
,;(■ world, to pro-
/diabolical faise-
In one part it
Idiersof you, and
vt's to enable me
. and they hav-
em. This is not

his mind of their expevlience at this crisis, which, chap,
however, does not aiFord an instance of the trial, ^'^^•
of a single individual in the colony, for treason or ^^

only directly false, such an idea never haviny; entered into my rnind,
nor the sli;L^htest mention having ever been made of it ; bul it is doublj
wicked and atrocious, because it has been advanced by persons, who
must have been supposed to speak witti certainty on the sifbject, ai;d
was therefore the more calculated to imjiose upon you. In another
part you are told that I wanted to tax your lands, and that the late
house of assembly would consent only to tii.v wine, and that upon
that account, I had dissolved the house. Inhabitants of St. l>enis I
this is also directly false, 1 never had the most distant idea of taxing
you at all, such had never even been for a momenl thr subject of my
deliberations, and when the late house offered to pay the civil list. I
could notha\e taken any step m a matter of such importance without
the Kiuii's instructions, and therelore it was still ionjr belore we came
to the consideration of how it was to be paid. In truth fsot one word
was ever to my knowledge mentioned on ihe subject.

" In other part.s, despairing of producing instances from what f have
done, recourse is had to what I intend to do, iind it is boldly told you.
that I mean to oppress you. Base ajid daring fabricators of talseluxxl,
on what part or wbat act of my life do you found such an assertion I
What do you know of me or my intentions l (!anadians, ask of those
to whom yov, Ibrmerly looked with attention ar 1 respect, ask the
heads of your church who have opportuiiities of knowing me; tiiese
are men of honor and knowledge, tliese are men from whom you
ought to seek for inlbrmation and advice ; the leaders of faction, the
demagogues of a party, asi-ociate not with me ; they cannot know me.

" For whfit purpose should I oppress you 1 Is it to serve the King?
Will that M(,narch. who during (iltv vears has never issued one order
that had you for its object, that was not lor your beiielit and
happiness — will he now, beloved, honored, adored by his subjects,
covered with glory, descending into the vale of years, accompaniixl
with ihe prayers and bles.sings of a grateful j)eople, will lie,
contrary to the whole tenor of a life oi' honor and virtue, now
give orders to his servants to opj)ress his Canadian subjects '{ It is
impossible that you can for a moment believe it. You will sjmrn
from you, with just indignation, the miscreant who will suggest such
a thought to you.

'* Is it for myself, then, that 1 .^liouM oppress you I For what .should
\ oppie.ss you i [s it from ambition t What can you give me i — Is
it for power > .^.l-is ! my good friends I with a life ebbing not slowly
to its period, under the pressure of disease acipured in the service of
my count)'y, 1 look only to jus.s, what it may please God to suffer to
remain of it, in the comlbrt of retirement among luy friends. 1 re-
main among you only in obedience to the conuiiands of my King.
What j)ower can I wish I'or ? Is i1 then for wealth thai ( would op
press you { Enquire of those who know me, whether
wealth; 1 never did, when 1 could enjoy it : it '^ now of

I.: I

regard

i\J

ill

'5(11

;i ■ r

!H I I h

f^ I. r

■ I I

320

Chap, even sedition. In truth, the heat and bias of the

^^ times were such, that it is probable no convic-

1810. tion, nor indeed dispassionate and impartial

trial, by jury, however guilty the accused might

be,could have been o])tained, as in aftertimes in

me ; to the value of your country laid at my feet, I would prefer the
consi'.iousness of having, in a single instance, contributed 1o your hap-
piness and prosperity.

'' These personal allusions to myself^ — These details, in any other caye
rruu"ht be unbecoming, anti beneath me ; but nothing can be unbecom-
ing or beneath rne that can tend to sa\-e you from the gulf of crime
and calamity, into which guilty men woultl phuige you.

<< It is now my duty, more particularly to advert to the intent and
purpose for which this proclamation is issued ; I do, therciore, by
and with the advice of hi.s Majesty's executive council, hereby warn,
and earnestly exhort all his Majesty's subjects, to be on their guard
ai^ainst, and 1o be cautious how they listen to the artful suggestions
of designing and wiciced men, who, by the spreading of fiiise reports,
and by seditious and traitorous writings, ascribe to his Majesty's
governmeni evil and malevolent jiurposes, seeking only thereby to
alienate their afflictions, and lead them into acts of treason and rebel-
lion, calling upon all well disposed persons, and particularly upon all
curates and ministers of God's holy religion, to use their best endeav-
ours to prevent the evil effects of such incendiary and traitorous
doings, to undeceive, to set aright, such as may have been misled by
them, and to inculcate in all, the true principles of loyalty to the
King, and obedience tu the laws.

•• And I do hereby further strictly charge and command all Magis-
trates, in and throughout the ])rovince, all captains of militia, peace
otiicers, and others, his ]Majesty's good subjects, that they do severally
make dili'^eut enquiry and search, to discover as well the authors, the
publisliers and dispersers of all such wicked, seilitious and traitorous
writint^s as albresaid, and of false news in any way derogatory to his
Majesty's government, or in any manner tending to inflame the pub-
he mind, and to disturb the public peace and tranquillity ; to tlie end
that by a vigorous execution of the laws, all offenders in the premises
may be brought to such punishment as may deter all persons fi'om
the practice ol' any a(;ts whale\ er which may in any way affect the
safety, peace or happiness of his Majesty's loyal and faithful subjects
in this province.

•' Given under my hand and seal at arm.«, at the castie of Saint Lewis,
in tlie city of Quebec, in the said province of Lower Canada, tliis
twenty-first day of March, in the year of our Lord one thousand
ei'jht iiundred and ten, and in the fiftieth year of hiK Mnjesly's

Keign.

«' J. H. CRAIG, Govt.
'' By his Excellency's Command,

JNO, TAYLOR, Depy. Secy."

3ias of the
10 convic-
impartial
ised might
ertimes iii

)ukl prefer the
:ed to your ha p-

i any other ca^^e
an \w unbecoru"
i gulf of crime
u.

o the intent and
i, therefore, by
., hereby vvarn,
on their guard
Ifnl suggestions
of false reports,
? his Majesty's
)nly thereby to
eason and rebel-
icularly upon all
leir best endeav-
and traitorous
been misled by
[ loyalty to the

mand all Magis-
.)f militia, peace
hey do severally
the authors, the
s and traitorousi
lerogatory to his
mflanie the pub-
llily ; to the end
ia the premises
.11 persons from
way affect the
faithful subjects

( of Saint Lewis,
wer Canada, this
„ord one thousand
of hi.s Majesty's

AIG, Govt.

• 321

cases far more evident, of sedition, and, in fact, chap.
of treason and murder, was exemplified. Ihe ^^^^•
clergy being expected to support the govern- ^^^
ment on the present occasion, the proclamation,
in obedience to its wish was publisht^d, in some
instances, in the church, during divine service,
in others, but with seeming reluctance, at the
church door only, after its conclusion.'

The Chief Justice Sewell at the opening of
the criminal sessions in March, in delivering
his charge to the grand jury, called their
attention to the tendency of the occurrences,
that had given room to the proclamation, which
he read on the occasion. The grand jury in
answer to his speech, drew up an address to
the court in \\hich they animadvei ted stroniirlv
upon certain numbers of the Cdnadicn, and
other productions issuing from that press, as
dangerous to the peace and security of the
colony. They in like manner expressed their '
displeasure at divers productions in the Que-
bec Mercury, calculated to excite jealousy and
distrust in the minds of his Majesty's Canadian
subjects, leaving it to the wisdom of the court

• The following paragraphs, in relation to the subject, appeared in
the Quebec Mercury of 2d April, 181U: —

'' Yesterday, the late excellent piroclaniation of his excellency the
governor in chief was reail in the cathedral parish church. The
••atholic bishop preached on the occasion.

•'■ A^ one o'clock, (same day) a numerous deputation ol' ha bitanls.
presented to his excellency a loyal and affectionate address from the
habilants of the county of Orleans, expreirsixe of their altaohment to
the king; abhorrence of certain sciUtious p;;ipcrs which have been
circulated among them for some years past ; and thanldng his excel-
lency for his firmness in putting a stop to tht-ir course. They iurther
express their sensibility and gratitude for the truly paternal proclama-
tion lately issued by his excellency. — It was-signe<l by ii71 habilants.''^

1 » " ■

h»

322

r''!

Jfe

J m I f

Yuf' ^*^ '^^^'^P^ such measures thereupon as might be
^.^ found expedient: and concluded by discJaim-
1810. ing a wish to encroach upon the genuine free-
dom of the press, staling that the abuse of this
inestimable privilege, which could only tend
to a subversion of order, was the subject of
their animadversion. The chief justice w\'is
thought to have exceeded his province, in
publicly reading on the bench the proclamation,
' .as a thin^i; fore)i2:n to the sacred functions of
his post, and which, at that moment, the country
was striving to keep aloof from politics.
"' In the April term of the court of King's
:v bench for Quebec, an eifort was made to obtain
'A habeas corpus {ov one of the gentlemen (Mr.
Bedard) detained in prison, but failed. The
'.- Mailure of this application left no alternative to
the prisoners, but a patient submission to their
imprisonment, until the governor should be
pleased to bring them to trial, or release them,
whicli there is reason to believe he immediately,
on an appeal to his clemency, would have done.
In July following, one of the gentlemen con-
fined in the jail at Quebec, falbng seriously ill,
was released : another w\as also shortly after
released from the same cause ; and the printer,
^ finally, in the month of August, was also turned
out of prison. They, however, previous to
their enlargement, gave security to appear and
answer such bill of indictment as might be
afterw^ards found against them: a precaution
intended to save appearances, no bill having

«'

5 miijfht be
disclaim -
iuine free-
ise. of this
only tend
subject of
1st ice was
ovince, in
clamalion,
mctions of
lie countrv

ICS.

of King's
e lo obtain
em en (Mr.
led. T\ui
M'uative to
on to their
should be
ease them,
mediately,
lave done,
men con-
eriously ill,
ortly after
die printer,
dso turned
)revious to
appear and
might be
precaution
3ill having

323

evec. afterward^ been presented by the crown ciiap,
officers. ^^"•

The September session of the criminal .^k,
court elapsed without any attention to the
j)risoner remaining in confinement, Mr. Be-
dard. who solicitous for a trial, had repeatedly
refused enlargement, without the opportunity
of vindicating his reputation by the verdict of a
jurv. He inflexibly insisted on the inte2;riiv
of his conduct and political opinions, repu-
diating the imputation of treason or disaffection
to the person or government of his Sovereign :
and the Viceroy himself, was heard to express
esteem for the consistency of his conduct.

The period at which we are arrived, has
been termed, by whom the reader may easily
divine, the reign of terroi. The peremptor^y
measures of the Governor struck indeed the
agitators with dismay ; but though he had
alarmed them, he had not subdued the spirit
of the people. The elections for the new par-
liament took place in April, and the late mem-
bers w^ere for the most part again returned.

The Judge upon whose account the present
difficulties had -originated, under the prospect,
it was sai<i, of being called to the legislative
council, did not again present himself He
however was not called thither; and we are
left to conjecture, whether he declined his re-
election through a false promise from the
administration to that purpose, as was subse-
quendy reported, in order to induce him to
to retire, and by thai means put an end to all

:^f

( ■

' 1

324

■ ■'■(ill

'ii

Chap. Strife on his accouiit, or whether disgusted,
'^'^^- with the intrigues and animosity of the times,
ijjio. he consuhed his tranquilhty by a spontaneous
retirement. He soon after resigned the judge-
ship.

The prisoners confined at Montreal, where
they had sutFered all the inconveniences and
discomforts of a dump and unheaUhy prison,
and the severity of a surly janitor, w,ere suc-
cessively released. One of them*" is said to
have died of ilhiess contracted during his im-
prisonment. The Governor in the meantime
turned his attention to the improvement of the
"> interior of the province, as well as to the cities
of Quebec and Montreal : to which he ap-
pointed chairmen to preside in the courts of
quarter sessions, with annual stipends. He
caused a road to be opened from St. Giles, on
the south side of the St. Lawrence, in the
vicinity of Quebec, to the township of Shipion,
near the provincial boundary line, known as
'' Craig\s road^'^ a distance of upwards of sixty
miles, by a detachment of troops, affording by it
a short and easy communication between the
''' new townships, and the Quebec market, and
a direct road from Quebec to Boston.

The new parliament (the seventh of Lower
Canada)! met at Quebec on the 12th of I^e-

* Mr. Corbeil.

I The n;presentative.s chosen for this parliament,wore as follows ; —

Borough of Three lAivers, Malthew Bell and Thomas Coffin ;
Boroui^h of William Henry, Edward Bowen ; County of Surrey,
Pierre Bedurd and Joseph Bedard ; Lower Town of Quebec, Pierre j
Bruneau and John Mure ; County of Orleans, Charles Blouin ; K'
Ward of Montreal, Joseph Papineau and Stephen Sewell ; County v-i.

disgusted,

the times,

spontaneous

dthe judge-

treal, where
jiiiences and
lUhy prison,
, w<ere suc-
n* is said to
iring bis im-
he meantime
ement of the
s to the cities
vhich he ap-
the courts of
stipends. He

St. Giles, on
rence, in the
ip of Shipton,
[le, known as
[wards of sixty

affording by U
between the
market, and

iston.

nth of Lower
12th of De-

|iit,were as follows :-
land Thomas Coffin;
I County of Surrey,
Lnof Qi^ebec, Punre

Icharles Blouni ; bast
[en Seweli ; County ol|

H25

'.'.ember 1810, and the house of assembly hav-cha)..
ing re-elected their former speaker the Gover- ^^^^
nor after again approving of their choice, i^io.
informed them by ids speech ; —

" That as he had never doubted the loyally and zeal of the
several parliaments v/hicli he had occasion to meet airice
he assumed the adinini^tration of the government of the
province ; 80 he relied with equal assurance, that he would
not fail to experience the same principles in that vvhich he
was then addressing : and that in the confident expectation
ihat they were animated hy the best intentions lo promote
the interests of his Majesty's government, and the Avelfare
)f his people : he should look for the happy efiects of such
■I disposition in the tenor of their deliberations and tlie <lis-
patch of the public business.

" I desire to call your attention (said he) <i the temporary
net for the better preservation of his Maje-'.ty's government,
as by law happily established in tliis province, and to that
for establishing regulations respecting aliens or certain sub-
jects of his Majesty who have resided in France. No change
has taken place in the state of the public affairs, that can

W^arwick, James Cuthbert and Louis Olivior; C'nuity of Devon,.!. B.
I'ortin and F. Bprnier; (!!oinity o( Hertford, E. F. IU)i and Francois
iTlanchf't ; Coi.nty of Quebec, Louis Gauvreaii and Jean Bte Bedard ;
fjpper Town o'i Quebec, James Irvine and C. UeneehdU ; County ot
Vlontreal, Louis jloi Portelance and J. B. Duiochor ; We^l Ward nt
Montreal, E. N. St. JJizier and Jrcli. N. M-LeAxl ; County of Loin-
ster, Jac. Archambeauiland D. B. Vi<?er ; County of Richelieu, Ls.
i'xuu'dages and liyaeinthe M. Delorme ; County of ElF/uijhani, J.
Mi'unier and Jos. Malbo^euf dit J3eausoloil ; County of Northumber-
land, Thomas Lee and Joseph Brapeau ; County of Dorchester, Pierre
Longlois and John Caldv)ell ; Cour^ty of Hanjpshive, Fran^'ois X.
Lu rue and Francois Huot; County of Bm-kingiiam. F. Le Gendre
[and J. Bte. Hebert; C >uniy of Saint Maurice, M. Caron and Frs*.
jCaron ; County of Bediwrd, Alexis Desbleds ; County of York, Pierre
[St. Jidien and Francois . Belief ; County of Cornwallis, J. Aj. Borgia
)uid J. llobitaille; County of Kent, L. J. Papineau and P. D. De-
[iiutzch ; County of Huntingdon, J. A. Panet avul Edme Henry;
'onnty of txasp^, G. Pyke.

'Die reader will per«'eive that the nannes denoting nn englbh origin,
9) are now, as henceforward they will be, on the decrea.«L

•rt

i'iMii

III-.

ll'fi

■T\-'i

';1;|' [

! i

386

Chap, vv'tirrant a tleparturc from thosp f)recontions an J that vigilance
XIII. which have hitherto imluced all the, branches of ll»f; Irgisla-
*-^^-w tiirtj to consider these r.cti* aa necessary. In saying that
IBIO. they are important to the interest:^ of his Majesty's govern-
ment, you will not, I am confiilent, for a moment suppotie,
that I mean to divide these from the interests of the puljlic :
thoy are inHe[)aral)lc. The ])reiservati()n of his Majostv's
government is the safety of the |>rovince, and its yecurity ia
the only safeguard to the public tranquility. Under these
consideraiio.'ia I cannot therefore but recommend them,
t<»gelher with the act maiving temporary provisions for the
regulation of trad; between this province and the United
States, to your first and immediate consideration.'*

He inirenteil them to bi?lieve, that he should have great
satisf'iciion in cultivating thai harmony and good understami-
ing which must he fo conducive lo the prosperity an<l liappi-
ni?ss of the colony, and that he should most readily and
cheerfully concur, in every measure which they might pro-
pose, teniling to promote those im})ortant objects. He
concluded by observing '■ that the rule of his conduct was
to dischari^e his duty to his Sovereign by a constant atten-
tion to the welfare of ijis subjects which were committed
to his charge, and that he felt these objects to be promoted
by a strict adherence to the laws and to the principles o!
th') constitution, and by maintaining in their just balance the
rif'hts and privileges of every branch of the legislature,"

Immediately after delivering his speech, he
sent a message to the house by a member of the
executive council, intimating that Mr. Bedard,
returned to serve as a member for the count\
of Surrey, was detained in the common jail for
the district of Quebec, nnder a warrant c
three members of his Majesty's executiv- |
council, by virtue of the act '* for the bettt
preservation of his Majesty's government as b^
law happily established in this province," fori
treasonable practices. The assembly by ar
humble address returned its thanks to h'A

327

I that vigilances
of th*; legisla-
n saying that
ICMly's govern-
)mL'nt yuppotJf ,
of the puhlic :

his Majosly's
I Its ycc\irily is
. Under these
munend them,
(visions for the
md the United
tion."

lould have great
rood undcrston<{-
Drily and happi-
lost' readily and

they might pro-
nt objects. He

his coiidiict was

constant atren-

were coinrnittc<l

s to be promoted

he principles ol

r just balance the

cgislatvire."

s speech, hr
n ember of tht
t Mr. Bedartl
■ ,r the covnU}
ommon jail fo:
a warrant c
y's executiv' '
for the betti
ernment as h'
province," fci
.embly by m
.hanks to h>i

excellency, for the communication. — The ulte Ch%B.
rior proceedings of the body, on the subject, ^^"
will be noticeil presently. ^810^

It was evident from the tenor of the Gover-
nor's speech, and his sebseqnent message to
the house, that the renewal of this now un-
popular act would be insisted iipon by the
government. The sentiments of the majority of
the house were, without doubt, entirely averse
to the recent measures of the administration ;
but, a refusal might embroil them more than
ever wid) the executive, and result in conse-
quences still more unpleasant than before.
The dissolutions of the two preceding parlia-
ments were still fresh in their rfiemory, and
they knew the inilexible con«sistency of the
Governor's character. They observed in their
address to the Governor, in answer to his
speech ; —

*•' Proud as we arc of the just and elevated senti-
ments expressed by your Excellency, of the loyalty and
zeal of tlie several parliaments which your Excellency has
had occasion to meet in this nrovince, vve will leave noth-
ing undone, on our part, to ^nvince yo.ir Excellency that
those principles exist in us, without the slightest diminu-
tion ; and, animated by the best intentions to promote the
interests of his Majesty's government, and the welfare of
our fellow subjects, the effects of those sentinnents slmll be
manifested in the tenor of our deliberations, and the dis-
patch of the public business.

" We concur with your Excelleney, that no change has*
taken place in the state of [)ublic altaiis abroad, thai can
warrant an abolition of the provisions of the provincial tem-
porary act which provides for the better preservation of his
Majesty's government, as by law happily established in this
province. Yet, we thi^nk it our dnty .o inform your Excel-

■A

\ i\

H-

'If

328

M !

hU' (

fivip. l^'iKjy, thnt the fears and apprrliensions whirli prevail
Xin. ;iMU)nj];^t a groat number of \m Mayif^iy^ loyal arul faiiliful
'-^'^'^ suhjects, ill consequence of the oxecutioii of lliis act, will
isio. (i,>ijiaij;l our seriouH ronsideraiion, before we can determine
if its continuation, in the vviiole of itn present form ami
tenor, will insure that confidonce between hi« Majesly'a
government :ind his subjects in Canada, which is the safe-
guard of the former, and of the intt;re8ts of the public, in
tluMiisolvcs inseparable.

'• A mature consideration of this act, and ilmt for estab-
. lishing regulations reapeclin«,' aliens, and certain subjects of
!iis Majesty, who have resided in France, will become the
objects of our most serious attention ; and we will equally
keep in mind, ail such measures as will secure that mutual
confidence, which we consider as the firmest support of the
government; being convinced with your Excellency, that
its preservation is the safety of the province, and its security
the host plediro /)f the public tranquillity.

"* Fullv (v>nvinred tlint it is the most sincere wish of vour
Hxcellenry to cultivaie that harmony and good understand-
inj^, wli'ib is so coiulucive to the prosperity and happiness
of th(M.-olony, we shall cheerfully concur in any measure
tendinis to prDinote these important objects ; objects more
^ dillicult to he obtained in this province, than any other of

his Majesty's colonies, from the diflerenco in opinions cus-
toms and prejudices, of his Majesty's subjects residing
therein. ■ ■

'* VVo reflect with pain on the efforts which are made io
represent in false color.>, and in a manner wide of the truth,
the opinions and sentiments of different classes of his JVlajes-
ty\s subjects in this province.

" Following your excellency's exaFuple, let every one
fulfil his duty to our august sovereign, by an unremitting
attention to tl.o interests of his government, and the happi-
ness of his subjects in this colony ; and he will feel that a
>trict atlherence to the laws and principles of the constitu-
tion, and a firm support of the equal rights and privileges of
every branch of.the legislature, are the sole means of securing
to his Majesty's subjects in this province, the full and entire
enjoyment of their liberty, religious opinions and property;

S29

\\\c\\ prevail
and failliful
m act, will
[in (leteritiino
\i. f(»rru anil
18 MajeHiy'-i
1 is the safe-
re public, in

lat for estab-
lin subjects of
1 become the
will equally
•e that nuJtual
support of the
cellency, that
nd its security

5 wish of your

d understand-

^nd liappiness

any measure

objects more

any other of

opinions cus-

bjecls residing

are made to
de of the truth,
sofhis JVlajes-

let every one
an unremitting
ind the happi-
vill feel that a
f the constilu-
nd privileges of
;ans of securing
: full and entire
and property ;

And whicli cannot he nu)ro perfectly confirmed to them, ('hj,p
th;m hy the Wee constitution which it hin pleased his ino«l XIII.
^raciotH Mnjosty and his parliament to grant to this pro- •- ►

VI nee.

IHio.

Words can scarcely imply a more direct dis-
approval of the recent meastires of the Gover-
nor, who felt the force o( their rellections, and
replied in a way which left no room in their
minds to doubt of his resolution to prosecute
the renewal of the act in (|uestion. He re-
turiy^d them his aclvnowledii;ments for the sen-
timents of loyalty, and the j^ood intentions to
promote the interests of his JNIajesty's govern-
ment, and the welfare of their fellow subjects,
expressed in their address : —

** T shall at all tiine.s' — said he, — "receive uith atten-
tion any information or advice that the house of assend)ly
may think proj)er to convey to me: in the present instance,
however, I feel myself called on to observe, that my infor-
mation of jhe state of the province does not warrant that
which you say you think it your duty to give nic, of the
ex'istence of fears and aj)[)rehension:^, with relation to the
i^xecution of the act for the better prest^rvation of his
Majesty's government, at least as applied to the people in
ganeral. If such feats and apprehensions exist, are they
not confined to those who are aware of the possil)ility of
themselves becoming obnoxious fo the operation of the act ?
the voice of sifch will be alway^s loud; and may not their
clamour have misled you to suppose them more numerous
than I suppose they really are ? But with regard to the good
people of the province, I am so far from thinking that they
feel any apprehensions on the subject, that I date the sub-
siding of the ferment that dien existed, and the restoration
of the calm that has since prevailed among them, precisely
from the moment at which the execution of the act took
place. Similar means to those formerly employed might
again revive the one and disturb the other, and none perhaps

E e 2

■»■;
I

ill

; M

! !l

I 'I . I I

iiif

i !■

330

Chap vvouiii be more effcciual for the purpose than infusing amongst
XIK ihern the fears and fipprehens«ions to which yon have
-rv-^ alluded. Simple and uninstructed as they are, however, I
^^J<J' shall trust t(» their good sense for its Ijeing found dilhcuit to
shake their confidence in his Majesty's government, because
they find it cxercisini'^ for their protection the means with
which it is intrusted by law, or because they see thct govern-
ment armed witli tiie power, ami ready to step forward should
it become necessary, to crush the aris of faction or to meel
\he mnohinations of treason. Viewing your address in tlje
light of an answer to my speech, I must remark that I have
been misunderstood in it.

"The harmony and good understanding which I expressed
myself tlesirous of cultivating, was that tiarmony and good
understandino; belweeti me and the other braiiches of the
legislature which must be so conducive to the prosperity
and happiness of the colony. Whereas 1 j)erceive you have
applied the expression more generally to the existence of
these principles in the community at large. This would be
no otherwise of consequence than as it has furnished you
with the opportunity of bringing forward a sentiment in
which I desire most cordially and truly to express my entire
concurrence. 1 shall join with you in feeling pain in every
instance in which the passions of any one part of his Ma-
jesty's subjects shall lead them to represent in false colours,
and in a manner wide of truth the opinions and sentimen's
of any other part of their fellow subjects. Without any refe-
rence to example, let every one as you say,do his duty to the
liingund to the ))ul.)lic,and as you express yourselves aware
of the greater difficulty that exists in this province in the
attainment of the important object in question, sol confi-
dent) v trust I shall fuui vou on all occasions exertin"; with
advantage the superior opportunity which is alTorded you by
your situation as representatives of the people for promoting
and cultivating those true princi]>Ies of affection and attach-
ment that may unite us as a tree and happy people.'

This sarcastic reply of the Governor stung
them to the quick, bin they were too well
acquainted with his firmness to disregard his

331

ng amongst
yoii have
however, 1
aifficuU to
■nt, because
means with
ihut govern -
rwiird should
I or to nieei
Uliess in the
k that 1 have

li I expiesscJ
ny and good
inches of the
he prosperity
eive you have

existence of
fhis would be
furnished you

sentiment in
iress my entire
T pain in every
ut of his Ma-
1 false colours,
iiul senti men's

t\\out any rcfe-

his duly to the
Mirseives aware

(tvince in the
\nu.) SO 1 confi-
exerling with

alVordedyouby
le for promoting
\\v\\ and attach -
Leople.

/ernor stuDg
Ire too well
lisregard bis

remarks. The acts recomrnended by the Gover-
nor were first introduced and passed in the xaf.
leafislalive council, IVom whence thev were ^ —
sent down to the lower house, where also they
were passed with unusual speed, akhoiighthe
detention of one of their members in prison
was the cause of much murmuring and disgust.
This obnoxious act w^as therefore reluctantly
continued with the old salvo in favor of the •
rights and privileges of either house, and of
the members of tlie provincial legislature ; it
being thereby provided that no member of
either house should be imprisoned or detained
during the silting of parliament, until the mat-
ter of which he stood suspected was first com-
municated to the house of whicli he might be
a member, and the consent of that house ob-
tained for his commitment or detention. This
chiuse not having a retrospective effect, the
Governor still persisted in detaining the mem-
ber in confinement. His views on the occa-
sion will appear presently.

These p)reliminari(\s over, the house went to
work. A series of resolutions respecting Mr.
IVedard was passed, in which it was stated, —
'* that by a warrant issued fiom the executive
council of the province, signed by three mem-
bers thereof, the said Pierre Bedard, esquire,
was, on the 19th flay of IVIarch last, apprehend-
ed and committed for treasonable practices,
and still continues to be detained in the com-
mon gaol o( Quebec by virtue of the said
warrant.

332

u f

n t

; I:

xiiT *' Th^t the said Pierre Bedarcl was elected
^..^ on the 27th of March last, and returned as one
J«io. of the knights representative of the county of

Surrey.
" That the said Pierre Bedard is now one

of the niembers of this house for the present

parliament : —

^' Resolved, — That it, is the opinion of this committee,
tliat the simple arrest and detention ol'any one of his Ma-
jesty's sul)jects, under and by virtue of the authority of the
temporary act of the provincial parliament, intituled, ••' An
act for the !)etler preservation of his Majesty's government,
as by iaw happily established in this province," does noi
bring him under the description of those who are declared
incaj)able of being elected to serve in the house of assem-
bly, by the '23d clause of the art of the parliament of Great
Britain, of the 31st year of his present Majesty, chaj). 31.

*' Resolved, — That it is the opinion of this committee,
that the provisions of the temporary act, intituled, '' An act
for the better preservation of his Majesty's government, as
by law happily established in this province." guarantees to the
said Pierre Bedard, esquire, tiie right of sittinp- in this house.*

* In the act ailiided to, then? is a clauKie which it is probable the
assembly built iipoM. ny follov\s : —

•' Provided alway.?. and be it enacted by the authority aforesaid,
that nothing in thif; act shall extend or be construed to invalidaU' or
restrain the lawful ri'jjhts and ])rivile<^es of either branch of tlie pro-
vincial parliament in (his prnvince." Jurists may determine whe-
ther the assembly were right in their interpretation, or not ; but it is
<'ertain that the i;overno)-, who was no lawyer, (as lie himself fre-
quently said) ])aid no attotion to it whatever.

The bill pasaed this session contained the same provision, but under
tlie following word*, as sent from the council : — ' \i

'' Provided always, that nothing in the said (the above) act con-
tained, shall extend or be construed to invaUdale or restrain ihe
lawful rights and |)rivi!eges of either branch of the provincial parlia-
ment in this province, or to the imprisoning or detaining of any mem-
ber of t ither houi^e of the said i>rovincial {)virlioment, during the sitting
ot sucb parliament, uiiti; the matter of which he stands suspected l)e
first communicated to the house of which he is a member, and the
consent of the :?tiid house obtained for his commitment or detaining.'"
This was the last appearance of this obnoxious bill in parliament,
""liich refused to renew it, at the ensuing session.

333

s elected
id as one
ourily of

now one
3 preseni

1 committee,
5 of his Ma-
hority of the
ituled, '' An
! (Tovernment,
•e"," does nol
are declared
)se of assem-
ment of Grea\
ay, chap. 31.
is committee,
led, " An act
overnment, as
mrantees to the
in ihi:i house.*

It is probable the

lority aforesaid,
to i'livalidaU' or
ranch of tlie pro-
' determine wbe-
, or not; but it is
he himself fre-

f, vision, but vindev

above) act eon-
. or restrain ihc
,)rovincialparlia-
jiiingof any mern-
, during tiie sitting
aiids suspected be
member, and the
,,.nt or detaining."
bill in parliament.

" Resolved. — That it is tne opinion of this committee, that (;i,a,).
an htimble address be presented to his excellency the gover- XllJ.
nor in chief, to acquaint his excellency that this house iiavc ^-^--^
taken into serious consideration his pxcellency's me.^si\gc) of ^^^^'
the thirteenth instant, and have accofdin|ily pa.'i.'^tHi several
resolutions, which they conceive to be their duty to submit
to his excellency ; and that it is the wish of this house,
should his excellency not deem it proper to lay before tliem
any further communication on this sui)iect, that Pierre
Bedard, esquire, knight representative for the county of
Surrey, may take his seat in this house."

These were carried by a vote of 20 to 5,
and a committee consisting of JMessieurs Bour-
dages, Papineau, senr., Bellet, Papineau, junr.,
Debartzch, Viger, Lee, and Bruneau, was
appointed to present the address to his excel-
lency, which it seems, however, they look
especial care not to do, as we fmd, by referring
to the journals of the house, in which the
following proceedings with respect to it
appear.

It was ordered, on the 5th of Jaauary, 1811,
" that the memb^r.s named by the house u»
present lo his excellency the governor in chief
the address voted by this house to his excel-
lency, on the 24th December last, do, on
Monday next, acquaint this house with their
proceedings thereon." Accordingly, on tlu^
day appointed, we find it stated on the journals^
'• that Messieurs Bourdages, Debartzch, Bru-
neau and Lee, four of the members named to
present the said address, acquainted the house
that to their kno vvledge th j said address had not
been presented to his excellency oiricially." —
Besides this, " Mr. Viger, Mr. Bellet, and Mr.

I^f'^

mmm

334

r :! H

l|!: I;

,j!Lh

ifi.

Chap Papineau, junior, three of the members named
^ to present the said address, acquainted the

1811. house that they were never required agreeably
to the custom of this liouse, to wait on
his excellency and present to him the said
address."

" Mr. Borgia moved to resolve, seconded
by Mr. Huot, that an enquiry be made of
the causes for which the messengers did
not officially present the address voted by
this house, on the 24th December last, to his
excellency the governor in chief." — " Mr.
Coffin moved in amendment, seconded by Mr.
., Bovven, to leave out all the words after *'///a/,"
and insert, " the said messengers be discharg-
ed from presenting the said message.*" — " Mr.
Papineau, senior, moved, seconded by Mr.
Debartzch, that the consideration of the main
question and of the question" in amendment be
adjourned," upon which the liouse divided,
yeas 16, nays 13 — and it being carried in the
affirmative, the matter was accordingly ad-
journed, and no more agitated during the
session. The solution of the above will appear
at the close of this chapter; as explained by his
excellency himself.

The repairs to the ancient castle St. Lewis,
for which, at a previous session, an appropria-
tion of £7,000, currency, was made, had cost
£14,980, more than double the sum appro-
priated for the purpose ; but, upon examina-
tion of the details of expenditure, the difference

.!;iLJ

335

»i

rs named
inted the
agreeably

wait on

the said

seconded

made of

ngers did

voted by

last, to his

•»'_„" Mr.

Jed by Mr.
fter 'Hind.'
e discharg-
.q;'» — « Mr.

cd by Mr.
of the main
endment be
se divided,
iried in the
rdingly ad-
during the
will appear
ained by his

> St. Lewis,
n appropria-
ide, had cost
sum appro-
Dn examina-
he difference

was cheerfully made up by the assembly a day chap.
or two previous to the prorogation.* •'^^^'•

Several acts of importance were passed thisTt^Th
session and received the royal sanction, includ-
ing that known as. the " gaols' bill," a very i
productive revenue act, yielding the last year, \
(iSlO), upwards of twenty-two thousand
pounds, currency, and about to expire, but now
temporarily continued. The erection of a par-
liament house on the proceeds of it was con-
templated, and fifty thousand pounds were
accordingly voted for the purpo^^e, which vote
however, never took effect, the necessities of
the' public service, in the war with the United
States,' which soon after followed, absorbing
the whole.f Besides tlie alien act, and that
'' for the better preservation of the govern-
ment," the militia act was continued to the first

• " Resolved, — That an Kurnbh^ u(]dn>ss ho prosentcil to his exci'l-
loncy the governor in cinoi', praying hi;:-' excoUency that he will be
pleased to order that the sum of £7980 19s. Ijd., currency, be taken
out of any unappropriated monies which are now. or may hereafter
b'', in the liandjs of the receiver general of this province, to be applit^d
to discharge and cover the deficiency which heis arisen between the
sum of jC7,()()U, currency, granted liy the act of the forty-eighth of his
Majesty, chapter thirty-fourth, for repairijig and ameliorating the -
ancient castle of St. Lewis, and the ;< urn of XI 4, 1)8) l!Js. l^d, cur-
rency,' to which the said repairs and ameliorations do amount ; and
that this house will, at the next session of the legislature make gocKl
the.sauie."

' '* Resolved, — That it is expedient to evoct, either together orsepa-
. ;tely, and successively, one or more building or buildirgs, for the
purpose of holding v.'ith dignity, and in a suital)!e and advantageous
manner, the sittings of the legislature, with the olhces and necessary
dependen'^ies ; and also for holding the sittings of the execidive coun-
cil, with its offices and necessary dependencies, and the oifices of the
secretary of the province, and of the surveyor geiieral.

*' Ileyolved, — Thai a sum not less than fifty thousai pounds, cur-
rency, will be necessary to carry into execution the resolutions lakeu
by tlus committee." 25//i February, 181 1.

I ',1.'

nif- it'^

h' I

"I. i

II i

h i H

! 1

j n;

I-

336

Chap, of March, 1813, and to the end of the war,
xrir. invasion, or insurrection, if any there should
^^ then be. The bill 'o disqualily judges, and
rendering them ineligibho to the assembly, alsu
passed both houses and received the royal
sanction, a measure highly satisfactory to the
public. On the whole, the session went oil"
remarkably well, and with every appearance
of cordiality between the executive and the
popular branch.

The public' business being brought to as
favorable a close as need be desired, his excel-
lency prorogued the legislature on the 21st of
March, with as|)eech, that, like all his previous
speeches, though rather long, prosy, and perhaps
unnecessarily admonitory, was remarkable, and
which, to do it no injustice, we insert at full
leno;ih. It is the best testimony that can be
resorted to for his opinion of the country and
times in which he governed it, and of his own
administration of the government : —

"Gentlemen of the legislative ccmiicil, and gentlemen ol
the house of as«embly : —

" After so long and so lahorioua a session, 1 feel grcR^
pleasure in being able to releaj^e you from any further at-
tentlance, and that ymi can return to vour constituents with
the satisfactory consciousness of not having neglected their
service, or overlooked their interests, in the various actj.
that you have presented to me for his Majesty''s as.scnt.

"Upon the state of our public affairs, the difficulty o!
communication with X^urope has, this winter, appeared tt
be greater than usual, >prol)ably owing to the impediments
thrown in the way of the americart commerce, by the acts
of their government. I have therefore little to communicate
The feelings which would otherwise have attended tht
much lamented death of an amiable Princess, were almos-t

337

if the war,
ere should
idges, and
imbly, also
the royal
tory to the
in went oil*
appearance
^e and the

ught to as
I, his excel-
the 21st ol'
his previous
and perhaps
irkable, and
isert at full
hat can be
country and
\ of his own

1(1 gcnllemeri ot'

on, 1 fee] groa^
iny further at-
Diistitucnts with
np;jle('ted their
le various acts
y's absent,
lie difficulty oi
ler, appeared 1*
le impediments
rre, hy the acts
() communicate-
e attended the
ss, were almost

lost HI the conttMnplr.tion of tho alHicting calamity by which ^hap.
that event was followed, iu the alarming indisposition of our Xl!l.
revered Sovereign. Let us place our confidence in the ^-^-^^
mercy of God, and trust that lie will, in his gracious dis-l^<tl
pensalion, realise tliose hopt^s, that are held out to us by
the last accounts that we have received, of his being speed-
ily restored in health, to his grateful people,

" It is scarcely ne^';ssar)' that I should observe upon a
new act of non-intercourse, or non-importation, with re-
spect to Great Britain, which has passed in the american
congress. By what I can understand, the best of their
lawyers are divided in their opmion as to its operation.
With us, hov/ever, 1 fear there can be no difference of sen-
timent, as to its being a branch of that system of partial and
irritating policy, which has so long marked their public pro-
ceedings towards us. The bill which you have so vvisely
passed, for preventing the nefarious traffic that has been but
too long carried on, in the Jorgery of their bank notes, will
at least prove, that you have not fullered any sentiment of
resentment to weigh ngainnt those principles of liberal justice
with which you a''e at all times animated towards them.

" I have, gentlemen, to thank you, for the provision that
has been made for the payment of the expenditure that lias
been incurred in the providing a habitation for your gover-
nor, beyo.'ul thesum originally voted for the purpose. Hav-
ing taken diis step upon myself, in the confidence I placed
in the liberality of Parliament, I feel however some anxiety,
that the good people of the province shouM know, that the
expenditure has been conducted, by the gentlemen ap-
pointed to act as commissioners, with an economy thai nas
saved some thousands of pounds, and, with respect to my-
self, under the knowledge that there existed funds, by whicli
it could be answered, without laying any additional burthen
upon them.

" Among the acts to which! have just declared his
Majesty's assent, there is one which I have seen vvitli
peculiar satisfaction. 1 mean the act for disqualifying the
judges from holding a seat in the house of assembly. It is
not only th.itl think the measure right in itself, but that I
cor.sider the passing an act for the purpose, as a complete
renunciation of the erroneous principle, the acting upon

338

-•!■

I i I

i '

• t-

Ouij). wliich, pul me under the neceasily of dissolving the last

XIU. parliament. '

^-"^•"^ " Gentlemen, you are now about to return to your homes,

JS^'- and to mix again in the common masvS of your fellow citi-
zens ; let me entreat you to reflect upon the good tl»at may
arise from your elforts to inculcate those true principles of
regularity and submitjsion to the laws, that can alone give
stability to'that degne of happiness which is attainable in
the prej^ent state of society. Your province is in an unex-
aiii])led progress of prosperity: riches are pouring in upon
t!ie people, bu i.hei i,>endant evils, luxury and dissipation,
will inevitably i-v''-'.^,"ny them ; thedan^^erof these is too
well known; to t- .rMc hat I should detain you, by erdarg-
injTupon it ; it will demu ' all the elTorts of religion, and
of the magistracy, with the scarcely less powerful iriiluence
of example and of advice in the well disposed and better
informed, to counteract their efiects, to preserve the public
" morals from sudil;'n relaxation, and, finally, to bar the
entry to crime and depravity.

'• A large tract of country, hitherto little known, has
been opened to you ; its inhabitants are industrious and in-
telligent, and they cultivate their lands with a productive
energy, well calculated to increase the resources of the
colony. Let them not on these grounds be objects of envy
or of jealousy ; I'ather let them be examples, to be caret ully
watched and imitated, 'till, in the whole province, no other
ditTerence of fertility shall a])pear, but what may arise from
variety of soil, or difleret)ce of climate.

"And now, gentlemen, I have only further to recom-
mend, that as in an early part of the session, you yourselves
took occasion to observe on the difficulty of the task, you
will proportionally exert your best endeavors to do away all
mistrust and animosity from among yourselves ; — while these
are suifered to remain, all exertion for the public good must
be palsied. No bar can exist to a cordial union— religious
dilferences present none — intolerance is not the ilisposition
of the present times — and, living under one government,
enjoying equally its protection and its fostering care, in the
mutual intercourse of kindness and benevolence, all others
will be found to be ideal. I am earnest in this advice, gen-
lemen. It is probably the last legacy of a very sincere

339

I'ing the last

» your homes,
r fellow cili-
{)i\ tlint may

principles ol"
n alone give

attainable in
18 in an unex-
ii'ing in upon
ml dissipation,
f these is loo
ou, by enlarg-
f religion, and
erl'ul iniluence
sed and better
rve the public
ly, to bar the

e known, ha^:
Kirious and in-

a productive
sources of the
bjects of envy

o be carefully
vince, no other
mav arise from

)er to recom-
vou yourselves^
\he task, you
to do away all
; — while these
iblic good must
mion— religious
the disposition
ie government,
ngcare, in the
nee, all others
lis advice, gen-
a very sincere

well-wisher, who, if he lives to reach the presence of his chnp
vsovereign, would indeed present himself witli tiie proud XIII,
certainty of obtaining hi.s approbation, if he could conclude n-^-^
his report of Ids administration, with saying: I found, '^"
sire, the portion of your subjects that you committed to my
charge, divided among themselves, viewing each other wltii
mistrust and jealousy, and animated, as they suppofcied, by
separate interests. I left tiiem, sire, cordially united, ir>
the bonds of reciprocal esteem and confidence, and rivalling
each other onlv in atTectionate attachment to voiir Maiestv's
{government, and in generous exertions for the public
good."

In this, as well as in former speeches to the
legislature, we find the sentiments of an hor^,
frank, and philandiropic mind. Although- h
was thought by many to have been ' 'h.-^m*
the inlluence of party, he was certainly unc n-
scious of it, himself. — But by prefer *">r a
soldier, and accustomed to war and campaign-
ing, the busy scenes of which he had just
left, on coming to Canada, he could not, per-
haps, divest himself of its prejudices, nor while
in a country where french was the general lan-
guage, but feel himself, from recent associa-
tions in his mind, surrounded by enemies. — a
sentiment which some of those about his per-
son, it is not unlikely, may have made it a busi- \
ness to keep alive. His excellency received,
previous to the prorogation of the legislature,
intimation of the king's compliance with his
request to be relieved of the government
on account of his declining health ; tidings, not
less agreeable, it must be acknowledged, to '
those whose licentiousness he had curbed,
than to himself, tired as he seems to have been

1^ !,:

l:U

i'\^

•ill

CImp.

xni.

i^ii

340

of public life, and worn down in the service of
his king and country-

Shortly after the prorogation of parliament,
the prison door was left open to Mr. Bedurd.
— J3y some his release was attributed to
orders from his Majesty's ministers to that
effect ; by others to a conviction in the mind
of the governor of his innocence, or, at least,
of his having made ample atonement for his
errors, by the length and duress of his confine-
ment. But the following allocution (the authenti-
city of which may be relied upon, as taken from
the governor's own autograph on the matter,)
with respect to that gentleman, to his executive
council, shortly after tlie prorogation, eluci-
dates the subject as amply as can be desired : —

<* Gentlemen — In calling your attention to the imprison-
ment oi' Mr. Bedard, lam desirous of taking the opportunity
of offerint;: a brief recapitulation of the several circumi?tanccs
that have attended it, witli the view of leaving upon the
proceedings «f the 1)oard a reconi of the motives by which I
have been actuated in the transaction,

" It is not necessary that I should advert to the occasion
of this gentlciiian's confinement ; it must be perfectly in your
recollection, and I believe no circumstance has since taken
place to cast a doubt on the expediency of the measure. In
the unanimity of the opinions, by >vhich it was effected, I
felt confirmed in that which I had already formed, as to
the necessity of ste{)s being immediately adopted to check
the nuschief, with which we were threatened ; for it must
always be kept in view that Mr. Bedard''s detention was a
measure of precaution not of punishment, to which he could
be subjected only by a decision of the )aws of his country,

" Upon this principle the other persons who were
imprisoned at the same time, with Mr. Bedard, having
expressed their conviction of their error — I did not hesitate

341

jrvlce of

rliamcnt,
Beilard.
buted to
^ to that
the mind
, at least,
;nt for his
IS contine-
3 authenti-
akeri from
! matter,)
executive
on, eluci-
lesired : —

[le imprii5on-
e opportunity
;ircumi'tanccs
ng upo!i the
^^ by which I

* ■

the occasion
•t'ectlv in your
s since taken
measure. In
3LS eflected, 1
ormed, as to
)ted to check
; for it must
teation was a
.hich he could
his couniry,
who were
edard, having
d not hesitate

to consider llieir liavingdono so a sufficient Hecurity tor their chap.
not reverting lo the snmu conduct, and it appeori.ig that the XIU.
healtlis of both of tbeni were in danger of lieing ulll'rted l)y <-*-*-*-
llieir confinement, I was iVoni that circumstance the nvore li^lt
readily induced to propose, and you concurred, in their
Ijeing released upon their giving security, for their forthcom-
ing, had it been necessary to call upon them.

*• Upon the same princii)Ie, I Iiave no doui)t, you wouhJ
as readily have agreed with me, in as early a liberation of
Mr. B. — but having laid before you a petition which that
gentleman had presented me, it did not appear to any one
of us, to be of a nature to hold out the same expectation of
his abstaining from the conduct against which, precaution
was held to be necessary. As 1 did not think it projier to
return any answer to his,petition, my not doing so, produced
a sort of communication between him and Mr. Foy*, to
which it does not seem necessary to advert any farther
than as regards the mode in which it concluded. It appear-
ing to me that he was desirous of knowing what was
expected of him ; I sent for his brother, a cure, who 1
understood was in town, and in presence of one of the
iriembers of the board, now present, I authorised liim to
acquaint his brother with the motives wliich had induced
his confinement, and that looking only to the security
of his Majesty's government and the public traru^uiliity —
I had no wish that it should continue one moment beyond
what was required by those objects ; — that the moment he
expressed a sense of his error, in what he had done,! 1
shruld consider that as a '«ullicient security for his not return-
ing to the same dangerous course, and would immediately
pro})08e his enlargement lo you. His reply, through the
same channel, was couched in respectful terms, but de-
dined admitting an error of which he did not feel that he
had been guilty- ^

" Mr. Bedard having been re-elected into the provincial
parliament, it was not difficult to foresee that his imprismi-
nient would become an object of discussion, when that

• Thfi governor's secretary, n\ the absence of Mr. Rylantl, who
wai^ then in England.

t What had l)e done ? there is no clue lo that, nor disUncl allegation
of anything cruniual beyond the indefinite one of treasonable practices.

f/ 2

fi ' u

342

nuij». asseniMy met. Tt therefore became also a subject of serious
^^^^ consicJoration, on my part, the result of which was a
ilelertnination to pursue aline of c.onduct— to the particulars
of N'hich it is not necessary hero to advert, an it would be
otily anticipating an account of ihcm, which [ shall have
occasion shortly to give,, and in which I can only use the
very words, wtiich, 1 should olhervviso now employ.

" You are all aware of the part taken by the house of
assembly, on the occasion. I had already been furnished
with a copy of the resolutions into which they had entered,
and was in the daily expectation of their being pre.:ented,
when I received an applicption from one of the leading
members, that I would admit him to a conference ; this was
the elder Mr. Papineau, member for Montreal, and the
subject was these very resolutions. — It would be irrelevant
to iqy present object to refer to our conversation, any other-
wise, than as it drew from me my final detonninntion, and
the motives on which that determination was founded, which
I gave to hirh in the following words : — " no consideration,
sir, shall induce me to consent to the liberation of Mr.
Bedard, at the instance of the house of assembly, either as
a matter of right, or of favor, nor will I now consent to his
being enlarged on any terms during the sitting of the present
session, and I will not hesitate to inform you of the motives
by which I have been induced to come to this resolution. 1
know that the genernl language of the members has
encouraged the ixiea which universally prevails, that the
house of assembly will release Mr. Bedard ; an idea so
firmly established that there is not a doubt entertained upon
it in the province; — the time is therefore come when I feel
that the security as well as the dignity of the King's govern-
ment imperiously require that the people should be made to
understand the true limits of the rights of the respective
parts of the government, and that it is not that of the house
of assembly to rule th" countryV

" In rendering this iccount of my conversation with Mr.
Papmeau, in so far as relates to the subject in question, I
have laid before tlie board the true grounds on which I
have hitherto acted in it, to which I may add-^that I have
thought it necessary further to abstain from taking any
measures towards the enlargement of Mr. Bedard, till the

ect of serious
hich was a
he particulars
it would be
I all all havt
only use ihe,
[iploy.

the house ol
;en furnished
' had entered,
ng presented,
f the leading
nee ; this vvaa
;real, and the
I be irrelevant
•n, any other-
ininntion, and
junded, which
consideration,
ration of Mr.
nbly, either ub
consent to his
of the present
of the motives
resolution. I
members has
vails, that the
an idea so
erlained upon
le when I feel
King's govern -
lUi be made to
the respective
,i of the house

ation with IMr.

in question, I
on w^hich I
—that I have

.m taking any

ledard, till the

343

several members should have reached their respeciive homes, ^^^
when it wouhl appear to be impossible by any mis-rtpresenta- xiil.
tion of theirs, for thorn to ascribe it to the interference of the s.*-v.^
assembly. 1811.

** This object being now perfectly accomplished, and u
pretty general tranquillity reigning in the province, I submit
to your consideration whether the time be not arrived at
which it is proper to put an end to the confinement of Mr.
Bedard."

He was accordingly released.
• On the 19th of Jtme, 1811, the governor
embarked on board H. M. S. Amelia, ibr Eng- '
land ; leaving Mr. Dunn again in charge of the ^
government, and lieutenant-general Drummond,
in command of the forces in the Canadas, con-
sisting of 445 artillery, 3783 regular troops, and
1 ,22(i fencibles, in all 5,454 men. He is said
to have expressed, at the moment of his depar-
ture, a reflection on the deception, and ingra-
titude of mankind ; declaring that he had
experienced more of these human imperfec-
tions in Canada, than in the whole course of
his life before coming to it : but whether his
observations •'.ere intended to be general or
aimed at some of those immediately concerned
with him in the conduct of public affairs, we
are left to imagine. His health had long been
wasting away with a dropsy and other infir-
mities cont icted in the service of his country,
and he doubted whether he should live to see -
the end of 1 is voyage to England, which,
however, he survived some months. * Lan-

• Sir James H. Craig died in En^'lurid, in the month of Jannar) ,
i81.2, aged 62 years, haviiig erttered the service of his coiiintry in
1763, at the early age of 15 years. He waii of a respectable Scottish

''ff<a^m^.^. jr^i

I ■:

i:-lli

344

Chap, guage could not convey to him addresses
^^^' more gratifying than those, which, previous, to
J^,J"his departure, he received from different quar-

rarnily,lhe Craiirsol Daliiair and Costarton, and born at Gibraliar.
where his falherheld ihc appoiiitmcnt o! civil aud military jiuUo.
[nl770. ho was appointed aid-de-cainp to general Sir Roliert Boyd,
then Governor of Gibraltar, and obtained a company in the 17th
regiment, with which hi; went to America in 1774, and was present
al the batth; of Bunker's hill, in which latter engagement he was
severely woiuided. In 1776, he accompiiniedhis regiment to C.!anada,
commanding his company in the action ol' 'rrois Riviere^i, and he after-
wards commanded the advanced guard ot the army in the expulsion of
the rebels in that province. In 1777. he was engaged in the actions
at Ticonderogu and Hubertown, in the latter of which engivgement.s
he was again severely wounded. Ever in a position of honourable
danger, he received a third wound in the actK^i at Freeman's farm.
He was engaged in the disastrous affair at Sarato:;a, and was then
distinguished Jjy Gen. Burgoyne, and the bra\e Fraser, who fell in
thataclion, as a young olHcer who pronused to attain to the very
height of the inililury career On this occasion he was selected h}-
Gen. 13\irgoyne to carry home 1 lie despatches, and was immediately
therealter ])romoted to a majority in the new 82d regiment, which he
accompanied to Nova Scotia in 1778, to Penobscot in 1779, audio
North Carohna fin 1781 ; being engaged in a continued scene
of active service iluring the whole cf those campaigns, and gene-
rally commanding the light troops, with orders to act from liis
own discretion, on which his superiors in crmniand relied with
implicit confidence. In a service of this kind, the accuracy of his
intelligence, the fertility of his resources, and the clearness of his
military judgm.ent, were alike con^^picuous, and drtnv on him the
attention vt^ his So\'ereigu, wlio noted him as an otticer of the highest
proTnise. In 1794 heol)tained the rank of Major (xeneral, and in the
hegimiing of the foliowing year he was sent on the expedition to the
Cape o( Good Hope, when;, in the reduction and coiupuost of that most
important .settlement, with (he co-operation of Adnnral Sii G. K.
Klphinstone, and Major General Clarke, he attained to the highest
pitch of his military reputation, and iierformed that signal service to
his King and country, of which the men)ory will be as lasting as the
national annals. Nor were his merits less conspicuous in the admira-
ble plans of civil r<-grdation, introduced by ium in that hostile quarter,
wlien invested with the chief •lulhoritv'f civil and militiU'y. as Gover-
nor of the Cape, till succeeded in that situation by the Earl of
Macartney, in 1797, who, by a deputation Horn his Majesty, invested
General Craig with the Red Ribboti, as an honourable mark of his
Sovereign's ju.st sense ofhis distinguished services. Sir James Craig
had scarcely I oturaed to England, when it was his Majesty's pleasure
to reipiire hi.s services on the stall' in India. On his arrivaiat Madra.s,
he was appointed to the command of an expedition against Mauilla,
which not taking place, he proceeded to Bengal, and took the field

iddresses
evious to
ent quar-

;it Gibraltar,
lilitary jiui<ip.
Uol)ert JBovfl.
T m the 17th
d ^^'as presenl
merit he was
ent to Canada,
i, andheafter-
le exinilsion of
in the actions
I eneasements
of honourable
;;eman's farm,
and was then
-, who t'eli in
1 to the very
as selected by
IS itnme(hately
lent, which hn
in 1779, and to
uiinned srenti
Lrns. iuui gene-
act, from ids
id ndit'd with
:;curacy of his
learnesjs of his
|\- on him the
of the highest
ral, and in the
pedition to the
.;sl of liuit most
«ral Sir G. ' K.
to the hij^hest
jnal service to
lasting as the
; in the adniira-
hostile quarter.
Muy. as Gover-
Ihe Earl of
ajfcsty. invested
h^ mark of his
Mr James Craij;
jefty's pleasure
rival at Madras,
;aiiist Matiilla.
took the field

345

ters, in particular those of Quebec, Montreal, ch-^p.
Three Rivers, the county of Warwick, and ^■^^'•
from Terrebonne. i,<jii

The whole british population of Quebec
attended bis excellency on his departure, t'roni
the castle of St. Lewis for embarkation, tak-
ing from his carriage the Jiorses, in the castle
yard, the muhitude conveying it thence t(; the
king's wharf, where he embarked, under every
mark of alfection and respect it was in dieir
power to shew him, ana deeply affected by
their demonstrations of personal regard.*

service. Durino: live years in ]n(ha, hiji attention and talent^- were
unremittingly exerted to the improvement of the discipline of the
Indian army, and to the promotion of tha', hai'monious co-optjration
between its different constituent parts, on which not only the military
streny;th, i)Ut the civil arrangement ol' that portion of the british
empire so essentially depend. In ,Tanuary ISiJl , Sir .Tames Ciaic; was
promoted to the rank of Lieutenant General, and returned to England
in 1802, he was appointe<l to the command of the eastern <listricl and
remained in England till 1805, when, notwithstanding his consiitution
was much impaired by a lontr train of most active and fatiguing service,
he was selected hy his Sovereign to take the command of the british
troops in the Mediterranean. He jjrocfeeded to Li^ljon, Gibraltar,
Malta, and from thence to Xaples, to act in co-opera tiou tvith the
russianarmy. But the o])ject of these [)lans being frustrated i»y the
event of the battle oi' jAjisteriitz, sir James withdrew the troops from
Naples (o Messina, in Sicily. During the whole period of his com-
mand 111 the Mediterranean, tie iiad sutiered severely from that malady
which leraiinitod his life — a dropsy, proceed nig from an <;rganic
affection of the liver; and feeling his disease sensibly gaining ground,
he returned with his Sovereign's permission to England in 1806. A
temporary abatement of his disorder ilatleiing him with a prospect of
recovery, and being unable to reconcile his Hiind to a situation of
inactivity, he once more accepted an active command from the choice
of Yiin Sovereign, and in 18U7, on the threiitening appearance oj'
hostilities with the United American States, was sent out ti) Quebec,
iiij Governor in chief of British America. — (frum a memoir originally
piUilished in Scotland,)

* ** His excellency wa,s received at the place of embarkation by
captain Ihby, and after addressing in an apjiroprinte rnaniier, the
worthy irum who had paid liim the laisi service he was everi<.' receive
in this province, he gave sign-s ot ernbarrasf;ment for the llrst time
since his residence aniongst us. His heart was full ; and his calm and

346

■?,

fllf^

s !

) ||

■ If

Chap. On the eve of his departure, an action of
^^J^ damages was instituted on the part of several
isii, of the proprietors of the " Canadien'' press,
against the magistrate* who had seized it. This
action, however, proved abortive, owing to a
Haw in the proceedings, and was not renewed.
Sir James Henry Craig had been, from his
youth, in the service of his country, and owed
to merit alone, his rank and consideration in
the army. He had, upon several occasions, dis-
tinguished himself as an able officer, and stood
high in the estimation of his sovereign. He
was of an agreeable countenance,and impressive
presence, stout and rather below the middle

murha! look stilxhsf d for an instoiit. He was not only about to ter-
minate an adniiiiisi ration nuirked thronghout by pure intentions and
successtul rersults, — lie was closing forever a long career of useful
public lilf — he wa:< laking leave of a whole eommmiity, whose esteem
he had justly won. and looking for the last time on a few who had
been his companions inarms in various qiuirters of the world, and
particularlyonone,! who long since, and through many of the changes
of his life, had enjoyed his eiiTire confidence ami friendship.

'' Whatever may now be said of this peisonage, will be spoken
across the grave. We shall never fix our eyes upon him again, nor
he ever n)ore be approached by any of us, fie lias taken his seat in
history, wlune his fame v\ili ris(\ in proportion as he shall be judged
with rigor, ft will be found by a thousand m idences that he united
the genius of greatness with an ardent love of doing good; and pos-
.ses.sed an assoriation of talerits seldom found in any individual. His
reigning passion was to perform his duly co^npletely and conscienti-
ously ; his fa\'orite amusement, t(^ conJer by acts of charity the means
of subsistence on the indigent, and to add to the lelief of many m
declining circumstances. Kvery project, every act, whatever ob-
jects they might refer to. bore the impression of his character ; and if
one principle of it was stronger than anoiher, it was discoverable in a
broad deep tone of benevolence, winch reigned throughout the whole.
His appearance and adtlress announced p superiority w'l i' \^'as readily
admitted, because unetp'ivocally felt ; and many "who. from various
causes had frequent access to him. sensibly experienced the mogic oi
«uch an union t<n\^)py iiicalities .''—Qitebecykrciiry of 2m June,\8\%»

* Thomas Allison, esqr., an old officer, and formerly a captain m
H. M. r)th regiment of foot, then a resident iu Quebec, since deceased.

t Probablv. the adjt, -gen oral, Bavnes.

347

action of
r several

press,
I it. This
iving to a
•enewed.
from his
iiid owed
ration in
^ions, dis-
)nd stood
icrn. He
npressive
le middle

about to If r-
intentions and
ircer of useful
.whose csteenri

few who had
he world, and

of the changes

|hip.
ill be spoken
ni at:;ain, nov

ken his seat in
hall be judged
Ihut he united

|ood ; and po«-
ividual. His
nd c<>nscienti-

Irity the means
f of many in
whatever ob~
racter ; and it
eoverable in a
Hit the whole.
|ir' A'as readily
. from various
d the maii;ic oi
m June, 181%*
a captain in

Isince dec cashed.

Stature: nianiy and di<^nified, in deportment, (-|.,p
but social, polite, and aiiable : positive in his >>^'^^
opinions, and decisive, in his measures. — ']^[^
Although hasty in temper, he was, like most
men who are so, far from implacable, and, as
we have seen, easily reconciled to those who
may have incurred his displeasure. Hospita-
ble and princely in his style of living, he was
also munihcent in his donations to public insti-
tutions — and for charitable purposes — a gene-
rous patron — and, for the last we shall mention,
though jiot the least of his virtues, — a friend
to the poor and destitute, none of whom
applying at his threshold, ever went away
unrelieved.

In reverting to those times, atV^r the lapse
of seven and thirty years, in the course of
which all the actors and most of the spectators
have disappeared, a dispassionate and perhaps
just opinion of the government of that day,
may now be pronounced. It was guided, or
rather misguided, to speak more aptly, by a
l*ew rapacious, overbearing, and irresponsible
oliicials, without stake or other connexion w ith
the countrv than their offices ; havina: no svm-
pathy with the mass of the inhabitants or com-
munity of interests and feelings with them,
nor other claim or pretension to the people's
confidence and respect,than such as their places
together with the monopoly of the public
treasury, aflbrded them. They lorded it, never-
theless, over the people upon whose substance
tliey existed, and by whom, far from being

If '

1) '

348

Chap, confided in, they generally were hated. Their
xiii. olJices, however, and particularly their com-

^alT ^^'^^^ '"'* ^^^ treasury, over which the repre-
* seniaiives of the country had not yet obtained

'' the controul that constitutionally appertained to
them, gave them a certain influence and aristo-
cratic standing, that did not belong to them,
and which placed them altogether in a false
poshion, according to all constitutional and
english notions of their true one. — Servants of
the government, diey seemed to imagine them-
selves princes among the natives and inhabi-
tants, upon whom they affected to look down,
estranging them as far as they could from ail
direct intercourse, or intimacy, except through
themselves, with the irovernor, whose conn-
dence, no less than the treasury it was their
policy to monopolise, and to keep him as a con-
veniency in their own hands. — They saw v'th
dread, as a prelude to the downfall *' their
power, the offer of th j assembly to defray the
necessary expenses of ihc i'ml government,
which, of course, would carry with it the right
of controlling tliose expenses, avid necessarily
divest the officials of the possession of the
treasury, which constituted their greatness.
Much of the animosity of the times turned, it
should also be observed here, upon this vexed
question of the civil list, and which afterwards
contributed to involve the province in still
deeper troubles, iinally resulting in the union.
Ar*'''ving in tbv- country a stranger, the gover-
licr, however upright and independent he were.

:d. Their
;heir com-
be repre-
t obtained
?rtain€ul to
md aristO"
r to then),

in a false,
[ional and
jervants of
gine them-
nd inhabi-
iook down,
d from ail
;pt through
hose conn-

was their
m as a con-
{ saw •^"vith
ih "' thtk

defray the
overnment,

it the right
nee essarilv

iion of the

greatness.

i> turned, it

diis vexed

afterw'ards

ice in still

n the union.

w the gover-

mt he were.

IP.

ZA9

(and no man could be more so than Sir J. H. eiu
*""dg.) necessarily had to look for his informa- -^"^
tion and advice in matters ofstate, from those hoTi^j^
found constituting his council, or whose official
stations brou2;ht them into immediate commu-
nication with him. — It was, indeed, his duty to
consult them, and cautious as he might be, he
could not long remain perfectly unimpressiona-
ble against his constitutional advisers, for such
they were. — Once in possession of his confi-
dence, the rest is easily imagined. Seeing
matters but as they saw or thought fit to repre-
sent them, that he would take his impressions
from them, and gradually their prejudices also,
it is but natural to su])pose. They wielded the
powers and dispensed the patronage of govern-
ment, without any of its responsibility, which
rested entirely upon him, while the country
had no real or efficient check or controul
either upon him or them. There was no access
but through them to the governor's confidence,
and scarcely to his ear — no preferment, nor
admission to ofl[ice till they were propitiated,
and their fiat, as a necessary qualification, ere
obtained by the aspirant, and who also, the
pursuit, probably, had often to lick the verv dust
iVom their feet — their smiles were forttme and
their frowns were fate, to the candid. . s who
frequented the purlieus of the castle, or waited
in the anti-chambers of it in expectation of the
viceregal favors. — In fine, the governor, how-
ever unconscious of it he may have been, really
was in the hands of, and ruled by a clique of

f 1

! V.
Ml

JHH

360

Chap. oiHcials rioting on the means of the country,
xiiJ. yQ[ desiring nothing better than the privilege of
"J^^ tyrannising it, and who, however obsecjuious to
him in appearance, were nevertheless his mas-
ters. — The government, in hict, was a bureau-
cracy, the governor himself little better than
an hostage, and ihe people looked upon and
treated as serfs and vassals, by these their
official lords. — Such was the inverted order of
the government in those times, any thing, it
must be avowed, but responsible in the englisb
acceptation and meaning of the term.

Whether the scheme of responsible govern-
ment, in which Canada now ( 1848) prides itself,
will prove a better speculation, posterity which
there is every probability will pay well for it,
w^ill deteimine better than we, of the present
day, pos^sibly can pretend tc do.

It differs liOm the former in this, that they were
of the appointment of the crown solely, indepen-^
dently of the country ; whereas these are named
at least wiUi the concurrence of the representa-
tives of the people, if not absolutely of their joint
appointment with the crown, for, as pretended,
the mutual advantage of the governing and go-
verned, but on a basis always of corruption and
consequently no more than a bureaucracy of
another and stili baser kind. Certain principal
officials or heads of departments are, accord-
ing to it, to retain, it seems, their offices, with
the large salaries appertaining to them, and
constitute the executive council, or provincial
ministry, so long only as they can preserve
seats in the assembly and secure a majority in

351

conn try?
vilege of
[uious to
his mas-

bureau-
ter than
pon and
3se their
. order of

diiiig, it
e englisb

e govern-
des itself,
rity which
'ell for it,
le present

they were
, indepen-^
tire named
presenta-
heir joint
)retended,
g and go-
ption and
iicracy of

principal
accord-
ices, with
hem, and
provincial

preserve
najority in

it of partisans or adherents — no matter ])y what chap.
meani, that being their affair, — in proof of ^^'^i^-
their enjoying its confidence. In other words, ""[^^
that wiiile they can secure their dominion in
the assembly — in that body intended to be the
constitutional check upon them, and to whom
they are supposed responsible — and sway it at
pleasure, they shall be the responsible ministers,
with the treasury at command, and its attendant
inlluences, and theirs the spoils of office, as the
reward of corruption, and the means of perpe-
tuating it. — A fair understanding, in fact, that
corruption shall be legal, and the people pay,
provided always the representatives have their
share ; and this is the responsible government !
A more perfect inversion whereof, nevertheless,
it is difficult to conceive, promising but agitation
to the country and instability in the government
— a political eureka, for the moment the rage,
in which those wdio pay and those who receive,
equally rejoice and join with one accord. The
former bureaucracv held in subjection but the
one branch, without any acknowledged respon-
sibility, it is true ; — with the present, it is an
incumbent duty to sway d\e iwo, under indeed
a pretended responsibility amounting really tv>
nodi'ng ; and we have had proof enough of the
arrogance and domineering spirit growing out of
it towards both branches, to deprecate the mons-
ter in its present shape. It is, in fact, but another
an* I iTiore plausible scheme, to monopolise the
people's treasury among the few supposed to
possess their confidence, or what comes to that,
adroit enough, l^y corruption or odierwise, to

if'

Cl.ap,
Xill.

isn.

nia'io it appear so ; and to which U^v TK\'ice,
though \oA us hope, only as an exporim^nt for
ihe nionicnt, -till the expensive mania subside,
the ruling power has complacently, Iiowever
delusively with respect to the public weal and
its own credit, acceded.

What system would be the most suitable and
best for our colonial state, and we are far from
vipe for any other, we have not, nor is it our
ousiness, the presumpiion to suggest, nor the
talents to imagine ; but one less liable to coirup-
tion and of more eflicient checks and balances
than that we possess, all who hitlierto have
observed its operation will agree, is desirable,
demoralising as it is in its elFects, and promising
neither strength nor stability to the goveinmeni,
nor freedom nor satisfaction to the people. T6
exclude the heads of departments and principal
officials from all participation in the political
conceras of the country, conhning them exclu-
j^ively to their oihcial duties will, perhaps, after
all, be found the wisest plan. While the admi-
nistration of the government is in the hands of
declared partisans, its every act will partake of
that character or be suspected of it, and there
will l>e no conlidence in its justice or impartia-
lity, and the government esteemed any thing but
that of the sovereign and just.

The executive, at this time, consisted o^

The cliioi' jusliro So%V('ll.
Rt. reverend Jacob lord bi.shop of Quebec.

rhomae Dt'-nu, Chief justioe Monk, John Craigie,

l\ df St. Ours, P. A. (le Bojjne, P. L. Panet,

Francis liaby. John Yomig, John Ri^rhards-^n,

Jumps McGill, Jt'iikiu Williams, Jurnes irvino

Jt'iikiu^ Williams,

<,W< I

353

>r nct'ice,
•imcnt for
, siibsitle,

liowever

weal and

liable and
'e far fronn
f is it our
?t, nor die
! to corrup-
d balaiices
lerto bave
desirable,
I promising
;overnnient,
people. T6
id principal
^e political
hem exclii-
rbaps, after
e the adnsi"
be bands of
1 partake of
t, and tberc
|or impartial
ny thing but

l-onsisted of

Oraigie,
I'anet,

- 'rviuo.

P. S. — 111 a work of 1hi» nature, wo can have little to say in rocrard char.

to Sir J.il.Cniiji's military duti<\s ami j^overnmoiitjbiit a •icrifral order XIIl.

issued l)y him-scli, Avhilc in this conn iiurid, anil uhich suh.sriiuently, ^■-''^''"*^

by order of the coniniaiidt?r in chief, was read at the head of every 1811.

refjiment in the british .service, is so characteristic of the late Sir J.H.

('raig. asa british soldier, snlyect, and servant of the kinji, and alto-

i»ether so valuable a document, thai v\e think wc- cannot do belter

ihan^ivc it a pUice in these paj^es: —

•' House (rUARDS, TannnrylS. 1810.
The commaiidor in ciiief has duecied (he fi'llo\\in>f order,
issued by the general officer commanding- his Majr'sty's forces in
North America, lube inserted in the genenil orders of the army: —

" QrF.HKf, 4th October, ISOf).

'• General Ortler, — The commander of the forces has lately had
occasion to see in a Hiilifiix ne\v.s|)aper, a copy of an address present-
ed by the ser^feant.s of tise Isf butlalioa Royal Fu.-i'iers, to captain
Orr, on that ollicer relinijiiisinng tho adjutaiicy, in conseipience of
Ijeini;? promoted lo a company. So nov«l a circumstance coidd not
tail to draw the attenlion of his excelh ncy, it bi iiija; the first of the
kind tliat has rome lo his kno\vl(;d<;e durini; the forty-six years that he
has been m the service, and as the first instance has thus (so far as
he is aware at least), occurred on the part (>f the arrny, with the
charjjeof which the kin;!; has been pleased to entrust him, he feels
himself called on jjy every oblii^ation of duty to liis Majesty and Ihe
Hervice, to bear liis testimony against it, by a public e;cpression of
disapprobation.

" His excellency does not mean, in tliis instance, to ascribe any
impioper motive to the sergeants — he has no doubl that their sole
view was to express their rruard and ijrutitiide towards an o/iicer,
who, in th'j intiinate connection that had oihcially subsisted between
tliein, had very comvuendably conducted himself with kindness to
them, without flt-])ar1ing iVom that strictness of discipline which was
indispensable lo the discliargi; of his duty.

*' But while his excellency thus does justice to the intention of the
sergeants of the Koyal Fusiliers, he desires at the same time very
seriously to observe to them, that in presuming to meet, in order to
deli])erate on tlie conduct of their superior officer, they have in fact,
liowever unintentionally, been guilty of an act of ^rreat insubordination.

" It matters not that the desiijn of the meeting, or in v\-hatever
manner the address was unanimously assented to. was solely to express
their respect and esteem, the \ery circumstance implies discussion,
and by liiat discussion they rendered themselves cbnoxjoas to the im-
putation alluded to. \V.ho., indeed, shall say where such a praciice,if
onc(? introduced, shall end ^ If the non-commissioned olficers of a
reiiiment are permitted, to express their approbation of the (londuct of
the adjutant, why luay ihey not ext.'rcise the saine right with respect
to their comroaading oificer? or what reason can be given \\hy they
siiould not be eq^uiUy f^ntitled to ex}>ress their (Usapprobat ion I Indeed
shordd the practice become g<meral, the merely withholding the Ibr-
mer would nn]>ly tlie lallci'.

a ^ 2

jF^

\i . ;

354

rw.iy.
XI ri.

'• (ietiPiul Sir .Iam('«< Craie is the mor<» dpsirons that hi« sentiments
oti fhiHHiihji^rt .sfioiild be tlistiii'-tiy undeisitxKi in the Fusiliers, Iwcuusp
it appears <»i» the I'acr f»f the JuldreH.s i»t tli..- ;»< r^eants iti (pjeNtion, that
it has heen roiiritenanced hy the offieer who then commanded the
regiment. The commander ol the forces do»,>s no more t[ian jnsticf 1«»
the character and si'ivices of that otfiier, when he admits, that feelinn
a.-, he does the danjiercnis. tendency of the practice which he is c« ri-
.suriujLj, he also feels himself tlie more honnd f(» o])pose it, in the (irst
iiista/ice. iVorn the stiength which it miicht otherwise derive from th<'
sanction which he nppears to have L'iven to it. — Lieut. -col. Fakenhairi
will, however, helieve, that thon'j;h it wa.s impoesihle the i;eneral
.shonld avoid tliis ohservJition upon his »Tror, yet hi.s doint: '^o ran by
no nil ans rietruct from the e><leem witti whicli lie has he^>n taujrht !i>
view hi.s character as an officer, or the -ontidence whidi he shoultl be
disposed to phwo in hi.-^ .service.s.

(Siirned) " Einv^Ro Bavvks.
Adjt.-Gen, to the british army servijiij hi North America.

The reu.son for \vfiich the cor7imaiid<'r irj chief has directed the cir-
ciilalioti ol this order, is, that he may avail hirn.selt' of thi8 opportunity
i>\ declarint:; to the army his mo.st perfect concurrence in the sonti-
ment.s therein expressed hy the distintjui.slied and experienced officer
by whom it was iVamed, on a subjecl wliich appears to ha\e l»een, l)y
some, very much ini.sunderstood. — The circumstance of inferiors of
any class of military men a.ssemhiin:; lor the ])ur])0.se of besto^Snjj
praise and public iiiark.s of approbation on their .superiors, implies a
power of deliberation on their conduct, which l>elongs to the kiii!;
ahuie, or to tho.se officers to whom hi.s Majesty may be pleased to
entrust the coininand and discipline of his troops.

•' I; is a procedure equally oljjef tiunable, whether in the hio:her or
lower ranks ol the army,, and as the commander in chief cannot but
reijard it as, in principle, subversive of all military di.seipliiie, he
trusts it is a practice wliich will be for ever bai^.^-hed from the brilish
service, as deserving; of the hijjhest censure, and he directs officers in
command to act accordinijly.

■• liy command oi the rii^hi honorable the commander in chief.

" Harrv Calvert, Adj. Gen."

The following i.s a translation from the french, of one of a variety
of ordinances, or general orders, issued shortly after the conque.st
by General Murray, as recorded in that language in a register
appertaining to the Literary and Historical society, of Quebec.
A> an authentic record it muit be valuable in the estimation of every
british subject, who likes to think well of his country, and believes in
the honor and integrity of its government, and will together with the
succeeding document be read, by such, with interest, particularly at
a time when agitation is likely again to be the order of the day, and
those of whom better llnngs were to have been expected are at vu)rk,
abiising. llouting, revihng, not merely the colonial admrnustration,

355

liers, Im'cuum-
jucxtion, that
TimttM<l«Ml the
hun jiiHtict! !•>
18. that fe»Airi!i
ich he is ci ri-
it. in the tirsl
enve IVom the
:al. Pakenham
e tht' i;eiu!rnl
Diuji **'! fan by
)oen tauilht to
\\ ho should be

th Amenia.

irpctfd the ♦'ir-
rsis opp<trtiniiiy
;e ii\ tlu' sonti-
oricTU'^Ml oiru'tT
> ha\e been.hv
! oi iiiferiois of
;o„f b<'st()VSns
riors, irrjpliHS a
i<Ts to the kill!;
""he pleased to

in the hiiiher or
hicf (•aiiiiot hut
disoipline. he
lom the british
irects officers in

idei in cViief.
Adj. Gen."

une ol' a variety
er ihe coiupiest
re in a register
ty, ol Quebec,
in'ation of every
,-, and believes in
)<j;ethf:r with the
t, particularly at
of the day, and
cled are at vw)rk,
1 admmiatraUuii,

but the ^oveminont of the ;?reat and {(loijoiw empire, the hritijth, of /.. _
which we make part, and justly may Iw pnmd, in terms the most Xlli-
injurious and insolent thar lani;nago aflbrdM and malice can supply ; v.<r>.,-^*
accusing it al.soof injustice and tyranny, but of wh.>serlenieiK yatui be- lyll.
nevolence the very detractors ihemselves are Uviusr and «trikinj( proofs
It is a*, all times satisfactory, j)artindarly in such as these, to peruHu
HUch records!, and finil them b(»rneoiit thirty years afterwardn l>y evj-
deticeof theeuiiiient,the wise.and the ^ood.as bishop Piessis really was.
" I5y his Kxcellein-y .Funics .Murray, iice. 6iC.,
" His Majesty havnitr siy;ni(ied throu4rh lus mini.sterto u.s, his royal
plea»»ure. that the french iniialiitanls of liiin eoloiiy, who beiiu; .ilso his
subjects, have an equal rit^ht with others, to elairn hw protection —
be treated with the same hunumily and tendermss, und enjoy fully
th<> .sairie uiild and br'iiit;iiaut ^nvcrnnienl, which, already so emi-
nenilv dislini»uish the happy aiispi(e.s of hi.s Majesty's reign, and
which constiluli' the huppiuess of all who are snltjiM t.s of ibe briti.sh
empire; — We by lluv-<e preseiils ii«,>clare — tlial all soldiers, .sailors, op
otheiH his Maj(!Hty's subject.s, who shall be convicted of having in
the slightesl dejjrt.'e insulted any eanailiau h:>bitanis. now their
fellow subjects, eithei' by uudiciou.s insinuations a- io their inferiority
lhrou<i;h the fortune of war, or by indeei-nt railleries as to their
iun«;uB!Jto, dre-fs, manners, customs, or country, or by unchai uable
reflections upon the religion tliry prof"SS ; shall be most rijioiously
puui'^hod. We, moreover, dechir«! that it!l jiers^onb trading, or dealing.
With the Indians, or others, who taking advantage of their simplicity,
shall be eonvicled of havinu defrnuded tiwm, or ol having attempted
to surprist' them, whether those doniieihated within this go\einmeut,
or those who are j)rotected by it; shall, on being there(>l' convicted
be puriished with the utmost si-verity, for disobedifnce of the fviiiif's
orders, and lor dishonoring Iho commerce of (ireat Britain — and to
the end, that the inliabitants may know what recourse they have,
in case of complaint, against any of his Majesty's british subjt:ets,
We command them to make theii cornphiint either directly to n.s, jn
person or to our secretary, or in his absence, to the " Greffler en
c/tfi/" — to the end that tlity be hi-ard andjifstice done, according aa
to right it shall appertain. We also re<[iiirr all otKcers of his iiriiaiuiic
Majesty, as well military as civil, to be ai(Ung and assisting jii the
execution of these his Majesty's commaud.s ; and to the end that no
person shall pretend ignorance of the same, thecommanduiir ofHcers,
of british regiments, will see tliat t lie present is published to theii
several companies, throughout all the cantonments of this government,
and all coumianders of sjiij^s and vessrds, are also HMpiiied to notify
tlie same to th(ur respe<'ri\e crews, und<'r pain of uuivvenng Iherelbr
in case of neglect, and, it is moreo\'er ordt-red. that the present
be read, publislied and alfixed, when and where the same may be
necessary. ''Quebec, 11th March. \H\2.

(^^igned,> -JAMES MURKAY.
" By order. CRAM.viit;', Secretary."

The fidlowing is taken from '• tht Quebec Gazette^' of the 8tii
December, 1817; —

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WEBSTER, N.Y. 14580

(716) 872-4503

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Chap
XUL

1811.

THE CANADA DISSENSIONS.

The folkAvinij extract from the fiuieriil oration of Monseic;nonr
Jean Olivier Briaiid, bishop of (^ueboc, pronounced by The revereud
Joseph Dctavc Plessis, in the cathp<lral church, on the 27fh June,
1794, will shew that the " hatred '' l)ot^^een the; " new coiners" and
liie doscendauts of the lirst setllerf? of Canada, \\ as not prevalent,
tliirly years after the cession of the province. If any such liatied
pjevaJLs at present, as is asserted by certain newspajiers, it is the
■work of the politicians and others se<kinj^ their own {jratification
rather tlian the perfoniiance of their duty to their soverei^^^n aiid the
welfare of the country.

The extract is from a maiuiscript in the hand writmg of JNl. Plessis :

Kxtrait de I'oraison funohre (U; JNIonseii^neur JcJiti Olivier Briand,
evequede (^>ii6ber — prononcde par Mgr. Joseph Octave I'lessis, alors
cure de (Quebec, le 27 Juin, 17i'4. daas la cathednsle de Qudhec ;-—
*' Les dcsordres qui r6,i!fnaient dans cctte colonic s'etaient eleves
iusqu'au ciel, avaient crie vengeance et avuicnt provoquo Ui colere du
tout-puissant— Dien la d^sola paries horreurs ile la guerre, et, ce qui
fut considere i>arles unies jnstes comme nn Heau encore plus terrible,
Pej^lise du Canada se trouva veuve et sans chef, par la niortdn pr^lai
qui la gouvernait depuis dix-neuf ans. (f ) Perspective desolante I
Ah ! (ju'elle repandit d-arnertumedanstoutes les families clir6tiennes.
(/haciiu plai'inait sou mallicureux sort et s'affligeait de ne jxnivoir
(putter un pays ou le royaume de Dieu allait etrc d6truit pour tou-
jours. 1\os conquerants, regardds d'un ceil ombrageux et jaloiix,
'n'inspiraient que de I'horrour et du saisisseinent. On ne pouvait se
persnutJej- (jue des hommes otrangers a. notre sol, a notre langage, a
nos loix, a nos usages et a notre culte; fussent jamais capablesde
rendre au Canada ce qu'il \onait de perdre en changeant de maitres.
]Natit)n gdnereuse, (piinousavez I'ait voir avec tant d'^vidence com-
bien ces prdjugcs etaient faux : nation industrieuse, qui avez fait
germer les richesses que cette terre renfermait dans son sein ; nation
exemplaire, qui dans ce moment docrise enseignez a i'univeis atten-
tif, en quoi consiste celte liberie aprec laqueHe lous les hojiimes scupi-
reni ct dont si peu connaissent les jiislcs borncs ; nation com))atissante,
qui venez de recueillir avec tant d'humanit^ les sujets les plus fidelci^
et les plus maltraites de ce royaume auquel nous appartinmes autre-
fois; (I) nation bienfaisante, ((ui donnez chacpie jourau Canada de
nouvelles prcuves de votre liberality ; — non, non, vous n'oles pa*
nos ennemis, ni ceux de nos propiietes que vos loix protsgent, ni
ceux de notre sainte religion que vous respecter. — Pardonnez dcic
ces premij-rs 'ItSliances a un peujde qui n-avait pas encore le bonheur
de vous connailre ; et si apres avoir appris le bouleversement de
I'etat et la destruction du vrai culte en France, et apres avoir gout6
pendant trcnto-cinq ans les douceurs de votre empiie, il se trouve
encore jmrmi nous quelques espiits assez aveugles ou assez malinten-
tionn^s pour entretenir les memcs ombrages et insi>irer au ]ieuple des
de^irs criminels de retourner a ses anciens maitres ; if imputez pas 4
la totali'i^ ce qui n'est que le viced'un petit nombie.

'' Bien 61oign6 de donnerdaris ces erreurs, Mgr. J^riand vit ti f«?ine
les amies britanniques plac6es sur nous portes de ville, qu'il consul
en un instant que Dieu avait transfei«5 a rAugleterre le domaino de

Monsf'i concur
ihe reverend
r? 27fh June,
comers" and
int provalent,
such lull led
218, it is the
a:raTifiration
eigu and the

>fM. Plessis:

Hvicr Briand,
ries,sis,alors
e Quebec :-~
etaient eleves
6 Uicolere du
re, et, ce qui
])lus terrible,
;nortdn »i)<ilat
ve desolante I
s chr^tienues.
ie no ]x)uvolr
ruit pour tou-
ux el jaloux,
lie pouvait se
Te lan^aire, a
s capablesde
nt de mailres.
vidonce coni-
qui avtz fuif
L seiu ; nation
univers atten-
hoiiimes scnpi'
■om))atissante,
[).s ])lu.s fidele*'
tinnies autre-
i\u Canada de
:ms n'etes pa*
protegent, ni
trdonnez dcic
ore le bonheur
veisement de
es avoir g(n'it6
», il se trouve
3CZ mal inten-
au ]ieuple des
iiaputez pas 4

tid vit ii peine
e, qu'il consul
ledotnaino ile

}

357

18U.

ce pays ; qu'avoc le changement de possesseurs no* devoii\ avaieni nu^^^^
chang^ d'objet ; que les liens qui nous avaient jusqu'alors urn^u la xiil
France etaient rompus, que nos capitulations ainsi que lu traito de

Saix de 1763, etaient autant de nceuds qui nou.s attarhaient h la Grande
iretagne en nous soumeltant a son Souverain ; il apper^ut ce «jue
personne ne souji^.onnait: que la religion elie-nj&nie iMmvail iijagner a
ca changi^ment de domination, ^c.

<' Mgr. Briand avait pour rnaxime qu'il n'y a de vrais chrdtiens, de
catlioliques sinoores, tp»e lessujets souinis ji leur Souverain l^.'^itin:e,
II avait appris de Jesas-Christ, qu'il faut rendre a. C«^.saf ce qui appar-
tient a Ce.sar ; de St. Paul, que tout iime doit etre souinise aux auto-
rit^s ^tablies ; que celui (jui resiste a la puissance r6siste a Dijeu
meme. et (pie par cette r6sistitiu;e il m^rite la damnation ; du chef dr'S
apotres, que U- roi ne porte pas le glaive sans raison, qu'il fautl'ho-
norer par obuiissance pourDieu, propter Dcnm, tanl en sa personne
qu'en celle des otficiers et nia>2;i.strat?! (ju'll depute — sive ducibus tan-
qua>n ah eo viissis. Teb sont, chr6tiens, sur cette niatiore, les prin-
cipes de notro sainte religion ; principes que nous ne saurions trop
vous incidquer, ni vous remeltre trop souvont devant les yeux, puis-
qu'ils iont partie de cette morale 6vangelique a I'observance de la-
quellec^t attache votre salut. Neaninointi, lorsque nous vous exjx*-
sons quelquelbis vos obligations sur cette article, vous munnuiv/.
contre nous, vous nou»5 accuse/ de vucs intoressees et jwlitiqr.es, et
croyez que nous ))assons les bornes dj notre niinistere ! Aii I uie»
I'reres. quelle injustyze ! Avez-vous jarrais lu que les premiers tideles
fissont de tels reproches uuv apotre.s, ou ccux-ci an Sauvein* du monde
lorsqu'il leur developpait la meme doctrine { Cessez done de vouloir
nous imposer silence ; car nonobstant vos reproches, nous ne cesserons
de vons le redire ; soye/, sujei.> lideles,ou renonce/ au titre de chretiena.

*' Lor.sdel'invasion de 177.3, notre illustre Pr^iat corniaissait deja la
delicatesse.ou plntot I'lllusion d'une partie du })euplei\ cette egard.
Mais.il aurait cess6 d'etre grand, si uue telle consid^.rationl'avait lait
varierdansses principes ouilcranger dans I'e.'cociition. Sans done s,'in-
quieter des -iiites, il se hqte de prescrire a tons les cur6s de son diocose la
conduite qu'ils doivent tenir dans cette circon.stance delicate, Tc»ui*
recoivent ses ordres avec respect et en font part ;\ leurs ouailles. Le
Pr6lat preclie d'exampies en s'cnrermant dans la capitale assiegee.
Dieu b^nit cette r^-solution : le peuple, apres quelque incertitude,
reste enlin dans son devoir: les citoyens se (^efendent avec zele et
courage. Au bout de quelqnes mois. nn vent favorable dissipe la
tempete. Les Assyriens confus se retirenten dc'sordre: B6thulie est
d^liviee, la province presorv(;e, et nos tejnples retentissent de chants
de victoire et d'actjons de graces. &;c., &ic.''

[tkanslation.]
The disorders which prevailed in this colony ascended to Tleaven,
crying v^Migeance and provoking the wrath ofthe Almighty God vi.si-
ted the country with the horrors of war. and, what wtus more felt by
devout minds, as a niore terrible indiction, the ehurch of Canada was

(f) M9;r. I'ev^quc I'ontbriaud, deoede a Montreal, le 8 Juin, 17G0,
it) L'enoigration du clerg^' frainjais en Anjletcrre.

358

;!■.

Chap.
X[[l.

1811.

wi(1ow<'d by thfi doalh iind privation of its chief, who had frovemed it
for ninefeen years: (f^^ pfHictinu; perspective! It spread th*^ severest
jric'f amon.5 all christian families. Thoy all lamented tlieir own
unfortunate lol, and that thoy could not live where the kinj^donri of
God was threatened with destruction. Onr conquerors were looked
u)>on witli jeulou.sy and suspicion, and inspired only apprehension.
JVoplc- could not persuade ihernsehes, that .stransjers to our soil, to
oiir language, our laws and r^ajgcs, and our worship, would ever be
capalde of re.storing to (.anadu, what it had loist by a change of
nia.sters. Generous natior) ! which has strongly demonstrated how
unfounded were *hose prejudices; indu.strioiis nation! which has
contributed to the developnirnt of tho.se sources of wealtii wliich
existed in the bosom of lh<- country ; exemplary nation ! which in
times of irouhle teaches to the world in what consists that liberty to
wliich all men aspire and among whom so few know its just limits;
kuid heaited nation ! which has received, with so much hnmanily,
the most faithful subjects most cruelly driven from that kingdom to
which we formerly belonged ; (];) beneficent nation ! which every
day give^• to Canada new proofs oi liberality. No, no ! you are not
our enemies, nor of our properties which are protected by your laws,
nor ol our holy religion v^ hich you respect. Forgive then this early
misconception of a people who had not before the honour of b(;ing
at^quainted with you ; and if, after having learned the subversion of
the government and the destruction of the true worship in France,
after ha\ii;g enjoyed for thirty-hve years the mildness of your sway,
there are some amongst us so blind or ill intentioned, as to entt-rtain the
same susi)icions and inspire the people with the criminal desire of
returning to their former masters ; do not impute to the whole people
what is only the vice of a small number.

" Far from yielding to the.se errors, Monseigneur Briand had hardly
Been the british arms placed Over the gates of our city, before he
perceived that God had transferred to England the dominion of the
coinitry ; that with the change of possessors our duties had changed
their direction ; that the ties wbich herf tofore bound us to France
were broken, and that our capitidations and the treaty of cession of
J7(i3 were so many engagements which bound us to Great Britain and
TO submit lo her Sovereign ; he perceived uhat none had comprehended,
that religion itself might gain by the change of Government, ike.

■' Mgr, Briand had for a. maxim that there are no true christians,
sincere catholics, but .such as .submit to their lawful Sovereign. He
had h«jard from Jes<i8 Christ, that we must •* render to Ca'sar the
the things that are Ca-sar's" ; from St. Paul, that every soul must
subnii' to the establisl.ed authorities ; that those who resist the powers
that be, resist Go(^himself, and by that resistance incur damnation ;
fnnnthe chief of the apostles, that the King does not carry the sword
in vain ; that he must be honoured in obedience to God, jiropter .Veum,
l)oth in his ow^n person as in the persons of his oificers and those to
whom he confides his authority, sive ducihus tanquom uh eo missis.
Such, Chiistians, are, in this matter, the principles of our holy
religion, principles which we (;aiuiot too earnestly inmilcate, nor
submit too frequently to your consideration, since they form part of
tbat gospel morality.' in conformity to which depends your salvation.

359

I povorned it
Ih"' severest
d their own
; kingdom ol"
were looked
ipprehensioii.

our soil , to
'ould ever b<
' a change ot
ustratod how
! vshich has
l^•ealth vvMch
on ! which in
hat liberty to
its just limits;
ich humanity,
it kinjidom to

1 which every
3 ! you are not
I hy your laws,
then this early
>nour of being
> subversion oi
[lip in France,
of your sway,
. to entertain the
ninnl desire of
e whole pcopkj

Iriand had hardly
ciry. before he
.ominion of tho
lies had changed
(1 us to France
ty of cession of
float Britain and
[d comprehended,

inient. 6ic.

true christians,
Sovereign. He
:i 10 Ca'sar the
very soul must
[resist the powers
[icur damnation ;

carry the sword
I, profUr Deum,
M-s and those to
\pm ub €0 ?rtissis.
;les of our holy
|y inculcate, nor
hey form patt of
Is your salvation.

Vovertheless, when wo occasionally hold forth observii lions on this p.
lead, you murnuir against u*^. you complain with biUerness and yni
iccuso us of interested and political motives, and believe thaf we '
».xceed the duties of fiur ministry. /Vh ! my brethren, what injustice I '*■'*'''■*■
Did you ever read that the first of the faithful so reproaclie<l the 1811.
ijwsties, or that they so reproached the Saviour of the worki, w.Keii
re expounded to them the same doctrines '? Cease then to endeavour
■o induce us to silence ; for notwithstanding your reproaelies we s^hali
lever cease to repeat, be faithful subjects or renounce the name of
"hristians.

<' On the invasion of 1775, our illustrious Prelate was acquainted
with the scruplfs or rather the iilusii)n of a part of thf- people on that
.)Ccasioa. But he would have ceased to be worthy of his elevation jf
iuch a consideration coiild have induced him to vary in his principles
K abstain from acting on thern. Without apprehension of the conse-
quence, he hiistened to pn-scribe to all th(! cuxatt,s of his diocese the
.tonduct which they had to observe on this delicate occasion. Ail
ectrived his mandates with res])ect and communicated them to their
docks. The Prelate prcaclied hy exaiiiple, shutting liimself up in
ht; besieged capital, God blessed this resolution ; the people after
■iome incertiturle defended themselves with zeai and courage. At the
t nd of sov'eral months a favorable wind dispelled the storm. The
Assyrians in (Usrnay retired in disorder ; Betliidia was delivered, the
jirovince preserved, and our tempUjs resovinded with the scngs of
victory and thanksgiving, Ike, ^c."

It is gratilying to find such evidences in favor of the british govern-
lent and people, from so eminent a man on;l iji all respects «;stirnable,
as the late bishop Plessis, whose liberal and enlightend mind, charac-
terized him in the opinions of all, as one of the first men of his country
and/)f his day ; and who in the elevateil jwsition he afterwards occupied
IS the prime dignitary of his creed and church in Canada, the land of his
nativity, was not less distinguished as an homme d" clal than ecclesiastic.

The following letter writt(;n by General Simcoe, to the late Major

Holland, formerly Surveyor General, of Lower Canada — was ii.

)ctober, 1825, communicated to the author of this w^ork by John

Holland, Esq., ot Prince Edward Island, who was then on a visit to

■ >!aebec, (since deceased) with permission to make use of it. Mr.

tiolland, (who was a stm of the late Surveyor General of this province)

u-as in possession of his father's answer, and wa.s to have lorvrarded

! oh his return to the island; hut it never came to hand. General

Simcoe at the date of this letter was at Quebec on his way to Upper

('anada, of which he was the first Lieut. Governor: —

"Quebec, May 26th, 1792.
'• Sir, — Having at different times during my residence in this place
bad various conversations with you, on the operations of the army
under General Wolfe, — I feel myself most strongly induced to desire

(t) Mon^eismcnr Pontbriand, who died at Montreal the Sth June, 1760.
(t) The emigratioD of the French clergy to England,

i :1

I, ■!! !

C
X

1{.

360

.,, of you fo tjivome ihesubstanco of Jiiirh port of thorn, Jii writing, tt
\ n? ""^y ^''"^ ^'^ coiitinn me in the opinion 1 have hern taught to i'orni
AllJ. f,-on» mvinJaniv. oftlif; {•<>i).sutrirniif«'iil(ititv of that Geru-ral.
^-»'-^'<w/ .. I tj^j, to ^.(,11 to ycmr recolloctKni what 1 have toid you — thatlhp
1811. late Lord Sackville oiiquirrd of me, whether I had ever heard why
!i;enerul Wnlfr landed at >rontmorenei, and aft<.rwur(I«: altaeked the
fn-neh works, in that qnartev ? '• i}( cause" — said \n-, in a very
eniphatical manner — ♦'Colonel Sinrieoe and 1 tell yon, that you may
reriiembe'r it ; — c^eneral Wolfe told n:e, lu-fore he left Knglaml, that he
would land where he afterwards did land.*' I'msonal obi?»rvuiion hatt
ronhrmee me in the apparent impraetici'.! ility of Mr. VVolle's foicinff
his way hy the Montmorenri skU', toQu- bee ; and your eonversation.<i
have established jj; my mind the cnvietion that all hi.s movements on
that side, even his attack, h.ul it succeeded, were meaiit ly jiim to be.
titid would have been, no more than feints oondueini.' to the accom-
plishin;^ hisoritrinal intent: that of as.sumingthe masterly, but liarin^
f>o.siiion on the heights of Abraham, which at all events mu.'^t have
terminated in the surrender of the town, or a battle, in v^iich the
veteran troop-s of Croat Britain, under the auspices of general Wolfe,
were certain toobuiin that ascend( lu-y over the french army, princi-
pally eompo.=;ed ot' irremdars, which a disciplined force capable oi
mancpiivriii'T will always maintain over those who are not habitnate<l
to military movements. To.snppfiit my ideas, I have to bejij of ycu,
r.s the ''onlidentlal enjiijieer of i^cneral Wolfe — to give me in wrilijiri
those particulars, wliich you have formerly ccmmunicatod, of your
very minute reconnoitring; 'fron. the opposite shore, the ])Iains oi
Abraham, and of that plan w'liich your Iriend, the general, had
intended to have pursued, should Monsieur Montcalm have declined to
attack the ])ritish army, when it ascended the plains.

* It has been said that the landing: was )\<)% made exactly in the place
where it was intended. 1 should bee;lad for information on this point
though not very material. A captain's guard co\dd in no place hav<
prevented the british light infantry, commanded by such a man lu^ Sii |
William Howe, from securing the landing. It was to remove a strong |
corps from the possibility of preoccupying that position before
General Wolfe could accomplish tiie landing, or formation, of hi.s
army, to which all his designs must have tended.

" For my own conviction. I want rio written evidence of Mr. Wolfe's
ability. I believe in my lather's character ol' him, when at Louis*
boiirg, that he was "skilful, brave, indefatigable, intelligent" — ant
look ujxjn his conquest of Quebec, as the result of all those (pulitieg ;
but, I must own, 1 am sorry to .see, what I conceive, erroneotis
accounts propagated in foreign and seme how or other fashionable
authors, and wish they should not mislead in future our nationa-
historians. I am, Sir, with true respect, Your most obedient Servant

(Signed) J. G. SIMCOE.
'* To Samuel Holland, estniire, surveyor general."
Mr. Simcoe's father «onniiandeu one of H. M Ship's of war, at tli»
reduction of Louisbourg.

END OF THE FIRST VOLUME.

[\Oth Janmry, 184S.]

b'' K

t of them, ill writing. a»
ive bepn taught to I'oriu
' of that G«n»'ral. I

t 1 have toitl yon — that the
?r I had over hoard why

aftotAvards attacked thei
sii" — said h«', in a very

1 tell you, that you ruay
re he Udt Kn^'arid, that he j

Pev-soual obsioivation hag
ty of Mr. V\«)irt:'s foicirig
'. ; and your conversatiojifs
that all lii.s iuov(in«^nts on
rt'ere rnc;uit ly liitn to be,
oonducini^ to the accom*!
^'Ihe nia.storly, but daring ;

at all events must have
r a battle, in v^iich the
iispices of general Wolfe,

I ho Irene h army, princi-
soiplined force capable of
!e who are not habituateil
eas, I have to hcj; of yvn,
! — to give nie in wriliii^
{ ceinmunicatod, of your
.K<.ite shore, the ])!iiins of
friend, the general, had
^lontcalni have declined to
tie plains.

't made exactly in the place
' information on this point,
rd could in no place have
nded by such a man uf JSii

It was to remove a strong
ing that position before
ing, or formation, of liis
^nded.
en evidence of Mr. Wolfe's

of him, when at Loui.s-
iliguble, intelligent'"' — and
suit of all those qnalities ;'
hat I conceive, erroneous]
low or other fashionable |
id in future our nationaij
our most obedient Servant 1
^ned) J. G. SIMCOE. j
general." I

I. M Ship's of war, at Uu

8.]