IMAGE EVALUATION TEST TARGET (MT-3) /y ^>^ '^ 1.0 I.I tiAf^ mis u lili ^ U£ 12.0 1.8 ^ I L25 11114 11.6 6" *^ fV *!.. ^ V Photographic Sciences Corporation 23 WBT MAIN STMIT WeBSTEII,N.Y. 14SS0 (716)872-4903 4^ CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et Ltibliographiques Th to The Institute has attempted to obtain the best original copy availab!e for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which 'nay significantly change the usual method of filming, are checked below. L'institut a microfilm^ le meilleur exemplaire qu'il lui a 6ti possible de se procurer. 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The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diff fronts. Lorsque le document est trop grand pour Atre reproduit en un seul clich<&. il est fiimi A partir de i'angle supArieur gauche, de gauche h droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illi.«trent la mithode. rata elure. 3 32X 1 2 3 1 2 3 4 5 6 ■M 10 'iMy^' mmmm TORONTO PUBLIC LIBfiAlT EXPOSITION AND DEFENCE or :f-:- ..f 'h ^•4 EARL BATHURST'S ADMINISTRATION iitTiii y AFFAIRS OF CANADA* WHBN COUWIAI. 4 € V % DURING THE YEARS 1822 TO 1827, INCLUSIVE BY THE RIGHT HONOURABLE SIR ROBERT WILMOT HORTON, BART., G.C.H. *.^i* 'H^< LONDON: JOHN MURRAY, ALBEMARLE STREET, MDCCCXXXVIII. V." ^f>i)}T\HiyrA'3 »3H ^ ,ii .'riilq /io<«i KiJi^fw v>< t^ %? C?t w Vr c^joi ,e>fli MO^'i ,([■» uiM lo il/V i>;Tn if.'fj oflJ f/u >nofliiii<>C) 'lo ji?,j:!oII ;>rll ■I'fijI:?'^ :'.ui,i It! ;«3^i^*TT^^!?'ft (s:t lohq h-jbd^ I'fnoa -1.0^ 03: JM?ji(i T.r'lo t»'ft n< LUNDQN: ^'"^^^^[ 'io asJiifiirncO Printwd by W. Clowib and Soiu, >q Sill 1o j{fl.B noqu ^lij \^ra« ?x;^Mf io£{ hfjllijo Iba^jfrc b'vM JUN 8 ,1933 '^ "^^^^'"^^ ^*'^^'>'^ ^'^^ ii!t Ijiiu .'to I)'?/ifiir juro t rJoii lulJ ")J.u.of.baJv oJ noqtf Hif»w ibhiv. ,7'^rinq lo a',7oiv \f.-':3Bn;)0B 'iib no'Hi I, J '-'■•v.*. , I**' 4 ->J'' EXPOSITION, &c. t > ii'dm 01(1 \ From the report of the debates which took place in the House of Commons on the 6th and 7th of March, 1838, as recorded in the Mirror of Parliament, it appears that very severe reflections were made upon the colonial administration of the affaii's of Canada for some years prior to the formation of the Select Committee of 1828 ; while; on the other hand, no explanation or defence were offered from ally quarter upon any of the points fmpugned in that discussion, nor was an^ allusion made to certain substantive measures of improvement which were brough;!; for- ward during the eolonial adihinistration of Lord Batfaurst. Having held the situation of Under- Secretary of State for the Colonial Department for six years prior to the year 1828, I feel myself called upon to vindicate the acts complained of, and to point out those measures of improvement, founded upon the soundest views of policy, which were brought forward under the administration of Lord BathufSit. I was examined by the Canada Committee in 1828, being myself a member of that Committee. a2 i My ,^xaminatix)nwiIJ,Jj!^u found w Appendix B* Cofp^g ^0h^ ^<^yern9i;,pf.,C!ftn«i^ .^itljput iJie c?pn- senli qJ tJi!^,jl9C^ J^gjsl^v^iie ; .afl4,. 341y» 1(1^! ?HisB?i^sal, of c^irtaii)i m^l jtji% o^er^r , Jby> Lord Dallioii^ief , uppi^ a certain occ^^o^,",, Up,9W , |t^ ^n^'e^t., pjf .,.4h^ \ %t compl^ii?!;, pne ,Q^^ry^,^d ,p^e ,91%, 5^«?j pu| j^h ?»?i 5 Y^ Qvf(8ry>2pj A^ t^.ppJRt.^Js^afgi^^i i^ ,1^ fallowing pages, . I shall not ente^. upp^: iti,^ii;^] .,^f^i^ pjl^p^. "Vyith respect to the d^si^ispal pf )^)|^j,f|i^^^ Ql^p^r^ \!irhic]^ was characterise^ intt^^f) di?l)8,1i^,|a^ ag.i/*j\^^pj^}\^,ppiA^pn of the Attorney Qf»ner9il, ^qtjQff^yj ! I. i ♦^tefofied to attehd the 'summei^ hiust^hii 'biit dth'ef^ " wise exhibited a spirit of disobfediieftde to oVd^i^f *• in conseqtiehce of whfcK lJ6rd Dalhoui^itJ d&mrss^i •♦ thos^ pereohk the'cirfetinisttinces bf'Who^tf conduct *"^iid diUatidi' toadle" ilic!i?"ttttl 6itttift^Ie^"i(in''Lord * DklhOu6ie*s oi>iniOn) ' ''liece^M^ff' • ' 'li)M'^Bdthur^ii hady on these"gkyiiiM^i itatiO«iotied' thig diteta»issi^ of those officers. I cannot considei*''tWe^i«;1ffwHh!^ governor, as (iOrifiniiM Wf \hb S^tei^^ry W Sta^^,^ as h^ing an •* UtibOhstltdtioial fafttT'^BtM i-rfWiiy m^^e to attribut*^ the 'late dfeturbtfh^ii Crthadi' id thife act of disttilssiohi i»;4n{ my jw^giii^titi' to^^ a Mghly^'ii'Ap^d'to ^i^iMiOed vie# ' Of the cai^; divertSA^"*j)\rtiHb iktefntibh ■ ' front th0^e*«iaiii cawses wliicH^hk^^lfed^ thfellaW'crifeis in CatiUdd, iiid Wli?ch''it'f riitistt' bfe''«he olbject of GoVenkmcttt' arid PtfrtWtnfetit tO^^i^rii' fbt the fUturei But ^vte^ sWp^6siii^, foi"^th6 sake ^fai^umeiit; that bikmedbii^' atticfritt iiktaiii tidt6 Of Lord BathuM'fe' ^ditfinistrP mHi^M ^ 4^^ hi^eit'ldiscrtetion and ijbiiijy,^i^ sUbsfei[JttlEfrii"fevfenfts ttive dhoWii theiii td bb ?''!?# the >\iifose i)f 'Mljfi a i-efertiice it is rieii^sisa^^ilj dttll pdbH6 attelilioh id a document wMcfr'SjijiSrs' toT' ikv^ h^ii ' ttele^ ^ adv^rtfed to itt pytliat^t diiirt*(^ thei'iate didcussions upon the tJaiiAdasi Mk\' tJiiB Bill WOught itt by in^ ihto the Hdu^e df 'Gdiii- moiis Itf the y^^ i822, "to makti ihbrfe^^flfecttiial provision tei- tli^ ^vfei-hmertt bf tW'j^tovihi^^^^Ji U " I IIUPIPiPBiPV^PTWKfF: "^rtfisw I. f ■ ; ,; j li! ^^ i In (^' and liQ^ftr and Uto^ Canada^ and to regulate the ti'i tMteofy wmKBill was subsequeitfly dWMed i the union part oi it withdrawn. ' iheHstoryof this Bill was<'lfi;i8^gi^&1n''thfe^ iSial 'l^egister of the year 1822:-- ^^t' "'' ""^ '^^ ,** A Bui was introduced by the ministers on the 20th of Juiie"^ regulate tfte trade and eoV^rnih^nli of Cana^^. li consisted of three parts : one appHed to Canada thiose principles of ^ree trade which, by an Act already mentioned, were this year extended to our West Indian colonies ; a second cl^s of pro-^ visions relat(^ to t^e disiripution and a]])i)ropriatibW of certain duties jbeWeen the "two jprbvlnces of IjoWei* and Upper Cana4a ; ' the tliird, and ^ mosi iiiip^ahiif part of the pill, new-modet^ed the constitutioi^ ot tM panadas, AS fixed by the Act ptf l^^l, and was^iii- tenaed to bring the two provinces into a icloser union by incorporatinfi: their Lescislatur^s, to proiiiote the general prosperity by the abolition of the feudal tenures, and to diffuse the ^^nfftish language aiid iHe i^int of the JBnghsB constitution more uniformly amonff all the classes of the population. This pafl of the ineasure was keenly opposed by oir Jamei^ Mackintosh and other members ofoppositidn. 'Jtiiey oppqsi^i foui]/de4 their, objections not on the intrinsic iniei'its or demerits of* the new arrang^nent, but on ttie period when it was brought forward, contending that time ought to be allowed to the people of the Canadas to ,IHti (UCjill! 'j'''!:J express their feelings and wishes upon* the subject. All the jnerchants of liondon conne^d with th^ Canadas petitioned in favour of the Bill; and some of those who usually resisted the Government (M^- EUice, for example, and Sir Francus Burdttt) tl^ou^ht that its provisions were marked by a spfritdf liberality highly honourable to those who had brpMght it for- ward, and th^ it ought to receive the saneiipn of Jbh*^ legislature with the least possible delay. Still Sir James iVfackintosh, and those who adopted his \]^o- tions, persisted in their metaphysicar objections : so that the ministers found that a measur^^which had been brought forward with the purest and most patriot!^ views could not be passed in the face of a most strenuous opposition, except under circumstances which might disturb or alienate the feelings of the Canadians. They were thus reduced to the necessity of separating tbe Bill into two parts. ITiat which contained the enactments concerning trade and tlie apportionTne^t of duties was passed : the other, wKicih nq^vi-modeileid the constitution, was postponed, ' ' *^^ . " Sir Francis Burdett expressed very eam.estiv fes regret,, that the theoretical nicety of a few of his friends, should have succeeded in pireveriting or; ae- la>ying the enjoyment of the greajt practic;al b^eflts^ ^hi^ could have resulted from a Union pf'^^pper and Lower Cana^ ^^4^' on*^ provincial legislipicttrei. ■riyinoD »niLi |i:i;1l ^v^iwiOjti^^ ,b'Ai}v/, oi ^ ;i*'i?o-!?? statemeat m generally right, ^\\k one most important exception, viz., the distinct statemenf i(^ 8^ m' t]^ei[-fyct, ihat,'^ir Jamfis Machintoeh opposed the nufamff^ , o/{ l^niona \aft0r he had* igifiin\ ^huA tnott un« qualified assent to its beimgintnoduoed^ ^coupled with' t^ ^^§mJYBUl (being at that tin^ Sdliohoivl Q#ner»J GsC |^lr<»riCdftftda)^ Ihe^fQllflwiiigr p««agft i-^^ , . ** J!aoni(Mu. Square^ July 21,1 822. J **^I assure \(^u tfiat |^o jsprt of apology is necessary " JTor your' remarKs. You niiist, however, be aware " that, if the fourteen geritlemeu persevere in their . ** determined opposition to our Bill at this late period^ " 01 the session, it. will be rather phymcaUu than. " morally impossible to carry it. ,. , , , '* The whole transaction is one which has hurt " me extremely. You well know that the Govern- .\0\5)'> " ment would never have contemplated the Union "diiriri^ the oir partyTllgen^taUy/v^r by any influeoiliial membxir .eifV thaiti;!paity'(U laudinu *iol ,jn>iJinn(iOv) mi \6 bobaynui 9c V 1 beoame respontible to Lord Beithurst foi' iriich^tl^ result; and Loird^\BiithUrat became hhii8elfreBp6nBiblid^^ tothe Gwyernwentibrtheainne. "^ *> .^^vf.\) \y^\\\u^^ The Union fii^ \Wk« withdra\^n. » Ht»^'ls6tfW 1^^ havfaj beibn HDthetwise ? My ktter %ks dbtedf' tAie 2lAt otfuJuly; vahd the Cfttia8tro|}he «f ^hel ^laiie it>^ Londoodefiy tbdk plftCQ on the ' 12vh of!' A*«^trft« )^> but for the unibrtuniite «tate of ih6 lenAtk ^ tlil&> House of Commons, the Union Bill would have been fought to the last, iiotwithstandipg the unexpe^t^d opposition raised against it; but, undet' the actual circumstances of the casje^ no such t^ttenipt could have been made. Thp, favourable moment was lost. , A cplonjlal measure of first-rate importance, intro- duced by a Government and sanctioned by an Oppo- , isitioi^y could, nqt fail to carry with it a moral efiect which nacmtefted meamre of the Government could nnrnl} ^sdi h'>teI<|fno,tiioa aiml leyoa hlun-N inom " To any member of the Opposition of jthat date,. who may inquire why this measure of the Upipn,, was not reproduced in enduing Parliaments, I wpuld,,, ill return, ask ihe question, wby did no suggestion,. c?trcc% proceed from some member of the Opposi-,, tion tliat such re-introduction should take place i Hayiiligexpiless^ myself thus generally withr rk- specit to thi^; measure of (he Union, I would irefjmi iihose readers who may be interested respeotin^ihfflii details of that measure as proposed in I832t(ulbY A:|>pendix A, wMoh is a literal copy of ^.tbe^ilT,\{jtiS(| amended by the Committee, for uniting the^iLegitiHi:^ iv^ 10 l»tuit<)8 of the Piw7inoc8< of Lower and ^pp^r C^nadA^. If.refeiraniqie be made to tbe Queries rand Aof^wers inj Appendix B, from Query 5 ta,|l3 in^^wsi^Q) my e^lanfttioii. of that Bill wiU be found ix^>(;]|Le^ minutest d^|t»ilt. Mvn^V be observed in my anevrer toQue^y 1 1^. t)p|i;j4r!^d lu^. deay that > improvements- migb^ be npderiiiwtb^ >BiU as proposed in^ ld2^i espeeially suiter the laps& of 4^' years, and the experienee ^^*ew^g. out ^of that perio4^> Iri stated to the Cdrn-' mittee^ that in> reliktSoato the interests of the two Provinces, I did not myself see any alternative be*- tweett the proposition of transferring to the Pr^vinGe of Upper Canada, a port ,^hich shoiddei^alj^le h^ to maintains her cosiununicatiou. witlvthe, «ea, ai^d there- by effect her, independence of thahqwtv Jpj^^vi^ce with respect to revenue arising £i;om duties oii. goods imported sea-wards,, ojvioi^l^ ot}>erhan(ip, of ^ry- ing into e&ct the provisions of a liegislativ^ Uijlion. I was then asked« in Query 12, " Could a port be " given to Upper Canada by any other means than by */LftBnftxins Montreal to th^tProyiQce?" ,!]j!qw^isiffi I jtDswefed, " I am not aware of any «ther geograv«< IJ-^pjb^ical laciiity of accomptishing that objecC*'**"'j .fe>;j-:;ia;..ii>i:xi>.v.fi.i iiij .iii M iii m l i i t hj ii - i i , J ) i lU * 0' » i h > t ^ ^ >. * In teftirenifc to my answer to tVjs questum, I wouM refer my. nMid»t& to ft most valuable documpnt, v.i^ laBeport Iron the Selecl P0MU3(»ittee of the Legislative Council of Upper Canada, signed tljif^ IStibday of February, 1838; in page 71 of which the |leport is as ftdJows trrr" Anc^er mAasura haa been proposed, o^m^ ly» the extend- iog tkei ilimito qf this Province, so as to inclvde the, Roland of Mofitx^ atod«i^rlAinil<|rtsof,lho adjacent territory. IHbtsre caqbe nodQuht that this would be of incalculable advantage to Upper Gariad|»^ by "to the latter armttgemfliitr, on ^e part 6£ the lioi^inei'- '^ OanadiaiM, woidd not be almost tk sbon^; itisi t^ aft^ '^ incearpQratili^ iliiida of ths two Pl-ovittcietl^' ' lfy« amht^tftAs, "'I eBteitain no itmbt tfiai't^iy sti«ofi^> *^M6bjection9 wotild be madii by tbe Low^r iD&iia^diiiy^ '^ a^iiist such a' pjfopocivl ; btiit/JI rejjel^, tbaA^uyd)^^ '^ thid reIat)v^eireunitetan«9e«of the two PrbVi^<^»/lMi^ " the bdiindeii iduty of the mother eo^ii% b^aotjai^lAji^ "between them, I do not pereeive any other ths^^ '* these alternatives. I cannot, howeVer, avoid re- '^^•'ittarking, that should Consideratioti* of mtitiia! die^^ "fence, and a sense of common interest, create a' " growin^opittioh in favbur of a LegislativfrUnion iri' " the two Pi-bVinc^, there does not appear to me to^ ** be any conclusive mode of adjustitig their intereErts, "tHtH i-^sp^ct to thfe a]^propriatiott of their cohimon^ " reVetiute, dtbef than by an identification of interests,^ (' I ' . tTT ' lif [ , n i — gfivth^^^ft'port acc^;«stf)tb from^e oc^an, and thua ehaUiH^Ver to> i!tu|t« a rerebtie .eommbnsivate with her wanti. It ^rould t»^^ firom XTD'-ii^r the gQT6rnment gf howet Canada that portion pf the population wlii^h hiaii taken the lead ih the late rehellions mbvyihtiaiQt, and would place tttam under the influence of '^ther laws and feelings, riuch to their own advantage, and to the benefit of both these Coloiiiba. Th6 c6uiM^ "Miiich Wotild \htii tbrta the Phtvinie'of Lower Crnttdk %6utd neither he so likely to place itsdf in an 'attttlnde hdstile to^the Mdthe^ country, nor would its hostility he s« fbntti^taiMei:^ ahd, utld^r this arrangement, Qttebe<; nki^ continuei aft tt« 'hf iklH^i the r^«i*BWce of the Governor GeneMil. TUdre are t ♦ advtititageii in favour ef this plan, which, in theK>f>iiNiidtt ef yotirC■ 1 r-. • In refe '!. e attention nee to this answer of mine, I would call thi otmfiftfaAkrdtOAfAssags in thefl^tidrt just t|iiotM iil my ^rtnoite, page 2j5><^"X^i9 uaijial, to, 9Qndei]|i^,;^,»ti:o^ tf|l^^lA the w^^l^jof foresight of thd British. Government, in not .haying taken the most obvidiis^sie&ftttre^ ibr maiking l^e t^^ntie of Qd^^;^ ii|l^i>fl^>^- quest, at once and decidedly a British Colony. What is meant by this is, that the English law, civil' and criminal,' sfaonid have beeir immediately established, and constantly maintained there ; that all ptodeedings in the LeglsIatuM, and {ftCotttts of JttittOe/tdiMdd haw bMtt conducted in th« English Ismgiuagb alone ; and that ; any 'pecu^> liirttt^iiri'the orvil polity of the bonqueted p«opte slioiild hivebetoni' wliolly abolished. It i» reasonable to suppose that such «:cow8ei! wottldv in progress of time, have made the Canadians more truly a > Bt#sh people; and^ though it would have ddnevioleii^ to national > fMUi^B and prejudices, whiefa deserve to be t^^atedwitiv^peitt, lyet'. itbably, would hesitate to'aekaowledgie thftt theit situation would have been greatly udpMredv by pnt^g thidfil lieifsdtly Ml a ifioting with the otlMr subjects of the British etoj[Htt'."l i'^^'-'H '*^'i ,^^'.h!:f iov'-"^ ^'-'^^ ^J iiJliiijiji h'jiimnm. iibrntaj ""'Still' iC fit IJM^ Mif^Hdtig' tistit Ihb t^Mdlftttt ' WM^<1ndtH«'efijoynKint0f fhdir jpe«Uli«ir -code'bf^la^'i fe to tliiB' tfsiiithe oitilbiiied V6* space If within e attention y Urttkofte, be w^nlj^of p the most meant by "have been that all AdttM Iiat« ' ladyipecu* » hivebdon'' t«: ceturee' ore truly a! to national Mpeiet, iyet , JtMit'Oon^' kaowte^ge »y putting! ;heBritiiii idiil^ently r langjagd - oubt, fh)m iglinh law,^ &tiotii ana ■ tin fisoting ■ etothbtti; ' fc'bf'la^'' 5f ^5993^ J proceed to %i^t^ the ^videijce qf ^ t»nx.iiif\tr nesses befoi;e thp .Committee of ,J,§^^ |FJba,a|e» exi^^88e4 |l?^.opiR^nL.]?espectwg tlw^ f, J .have ,g^vea3t4b^.,4fip^r8f,of ,]^^ .SBpfit^B^n' this subject in Appendix B.Mf^,]^Jli^'^^l^^^^ went to this, point, that the .ulthn^q,.effefiVjBtl*** Union, judiciously executed, ,wo]ald, \^^jf^ "j'5bft^,fftU> " separate hahit^ apd ijitw^ei^tf , | jpgl|t^ ;|)e , j^ " lost sight of, .^n^ th^, pre^tj .j^j^^siQ^^j^i; f^l^. " ings and prejudices give way to a general de- " sire to eonsult only the, common good and the " prosperity of the countiy in the upited Legisla*^ " ture." And ill another answer he says,, "I- am;! " perfectly satisfied, a governor of conciliatory iisf , 1! m observing, that the Fretioh Canadians continued to be strongly attached t9 their , formev «ysteim» andirom a oonvietioa that it would be impnndeqt t<^v leaiw them any^stromg ground &r dissatisfaction, at the ci^iti^ iav)-f,> ment when the other Colonics in America were evidently on tMr point of revolting from the mother country. What might; bi^i».bi9enil the obndwiot nf sik^ Gaoadians. under other treatmwt w«. 4an lOiplyj! coiyeeture^ but it is certain that the efforts^ which were a|terwaf<]y)|, madebyth is much Ic^ss oaloulatod to advance the.£rQsperitgr,q|'.,|j|^^,, country th»n tl>e laws of England, which, tb^,jRrpJH4»W^^i^yAl hitb^rto prevented the l^egiskture from adopting*" r>ini;ih'i'l to hh id 14 «« it ■f: position, popipiar that if it ,WttB fqssibl^ more toi-^fttiafy the Pfoviaces of Lower rj Si CThe opinion of Mr. Jamefi^r^tepinfii*, lu^ Under Secretary of State, as given before the Canada G)mmittee, on the subject of a Legislative Union, f^b'.a8 follows-:~«-'^-:Y j^cf-vf- I'l ?v..a^-i>^.?)ij; "W ' vrj v?^ Wiijen tMiitldnif, «fi-i hi^re ojipten ^h^pgl^c^ the n!?va|ip»r0iit fraglUty 9I qyr tenure o| |te j^fi^as, 9fffOfie, fwnd anly^noi (rai^e-of ^i-^ngUi^nJWgiit^J^M i^jli^^occmTed to me. I woqld briRg jkp F^i^^hf ,and vjif.Bng^sl representatiyes with m f^Uf^\il^,W'm^^ .t/M approach to equality of numbers, inlio' fthe same '* Xiegislature. I would appoint over the% ago- jj^'vernor possessing temper and wisdom vooo^gh to hf6 aaoderate i)etween the two pajfjti^. By ;aia^ptaap- '* iug a e^were fegard to justice, >and to tljie^itstitU' ^f^t|jiw93. rights of the King'e suyectsjofjevc^ class, ;tf\m Hiight aoquire A large and l^itifl|ateM¥«9ce. of ^i[)rh}B>f I know, is a task mt to be ^ixnqiui^ti^ ; to " vulgar hands. But I am much mistaken if a great ? ^3 .foHiided ksaHtff in iartie9 in m <»mple romoting ;hal; if it [>f Lower ^Qt than \ ss^tis^d jCimada e Union, ^|it,)bas ii^pfar and tli« ^ame Oft a go- Dfdfigh to ^nstitu- eury class, in^i^ce. i^t^to if a great ** and pt« tkis bountry <^ #otild ^Bok ^ dentied Srcm the mild; fiirm» jutd Just " joianagetn^nt "Of tlUe two gr0&t parties,' >' i Equally '' iii^tied ^ counterpoiBed in tlw > 99ttift'^«w8l$m- *<*iMy.*^^2'3'i^ nio-ii "^cniiav>i-.j baa ,^>'iif:.V]iei:g3>J ^di '■ So muck fbr opIaibxkB •ea^pnegMd ^ m ;1S|^^ iHth respect ftotlie^iiteasune^f the UliliMil ^^oiiiS .iM ^'^'^^I «6lv i^receed to ttpinionfl idjt|ffes8(Ml ii| tB37« fifteen yeais since the ftllttre tif tb^ Untai) Bill in i83i, proposed undeir^ hotd Bathiiimt'^t iAilmuiistiia- tion. In the IJlq^Ckiia^ HWald^^^^ D^cenl!^, l6^^^i#iM l!>^^liB^ iiiei«t4laitriiig pas- jioinU yvitelai^sJ r. 1o toDtdua oili no ,j)oJjiaim(K) ** We mentbned in vour last number >thall^dbould ''i^oJiUi^^f' f'^matics on ibe ur^hn i^the Png^nae^, > lend iiiih^'inte toshowtiiiatlbeidif«ren4iee betjMreen '^tW^i^roiriiices «oald he ieasily set at rest % the ^*^(%U^lty hf^te impRM Farliament. Reoeot events -liii^^^biotil^lJBtely altered the state lof aidhi in the ' JjofWiBt^vii^ noionger ar^u&ppt^t « > j 1 iM ^^ wiQHld Bot disfraBbhise a man heca we he k a ' i^efishnek* ^radieal ; ball Tii»»^<* there can be no doubt that the elective firanchise will either be withheld from them entirely, or be conceded under such regulations and restrictions, '^"^ that the political power of the French Ganadiatis, as {^5^^^ '^ i pjarty, is overthrown for many years, and Itefore those years shall have passed away, emigration will j3 tr have raised the British part of the population to an f>i equality, at least, with the Canadians in numbers. 4V>1 ** Wemay safely assume, that the power of the . {^(v French Canadians, as a political party, is entirely ^%^ broken, and, therefore, the Provinces may he united, t f with perfect safety to this Province t and with great ibiv advantage to both. A unity of legislation and ac^t^on, aiv which can hardly be obtained but by one legislature, ^h is essential to the proper adjustment of several impor- ^itant questions between the Provinces, as the disppsi* i^iltion of the revenue^the improvement of the St.Law- \ trence navigation, identity of commercial regulations, ^■^ and a combined action for all purposes of genial im- |v provement, in which the prosperity of one province ^ so much promotes that of the other. And in order \ to make Lower Canada a British Province, the union -jul^ll be, if not necessary, at least highly important. ^^ - «* N.B. The Montreal Gazette of the 14th Decem- ^^fojBr obser as, that these are the views of * every per- hntt ^^"^ -"^^ '^' ''^'■" 8 "^ ^mliiit iH^iiS teJif^l^HlliW^m ji:i r being klly or be Im- tttricts, mcliise or be ictions, atts, as tiefore on will n to an bers. of the entirely united, h great a<#on, slature, impor- disposi<* tLaw- ilations, eral im- rovince n order e union rtant. Decem- eryperr 1 UlJiM io ^♦^**" ,,^m^, Aht >u^m\mi^f^^^^^ it h'AUiiifi m vilgonofpoli^dal experience mdi^i^^\fjf:^i;i^liH^ Pro- mi fUnm/ ;* '^nd ttik • upon tHe t^m<^, ,i^,^^i^|p^n, the .#jt) gtfrew^ty of Gi-ea^ Briton ove^ ^j^bo, (jj^lonies ^m bjIs^'' of BeeeiAbfci, lB37'r bccuw ' 1^^^^ ■>'.^ .;<0 rfihi BOkly* depeiids.'* the — , «-wwing !«'M <^* *«'jitt:aiiftiture legislation £6rtibiaFrovkiee»'tb^ first '^^ '^^tie^tibiifi that ought tp present thcinselvd* to an in- t^^i^ttt menaber pf parliainenti ought to bfe the fol- " liitiring:^ What are the. moral and inti^ecvual ^apa* V'^^ea of ** the great majority of the people V Is there ii% ^rdbn of the people better informed than another ? litliai portion lik^y to become tuore niunerouA)>and n(l predominant' one, in course of .<^ei ' smA- kss liable TO i-ejelct the true principles of the mionarbhical scheme dr Government of Great Britain? What ar^'^ the aarnental causes of the ilate insurrettion ?^4 IW! I n ;i'n ' 20 The ic^inion i^espectiiig the TJiiioii is expressed in thJB Rejioft with vely great caution. The Report says, in page 68, " The British inhabitants of Lower '"'Canada are strongly impi-essed with an opinion, that v^f after ail that has taken place, the removal of this ** difficulty respecting the Civil List would not alone <'*^ be snffident, and that the Province cannot prosper '' uhless some hiatetial change is made in its Constitu- ' •»♦ tion . The French Canadians ai^ not an enterprising " people ; they care little about commerce^ and are " not zealous promoters of public improvehient ; and " besides this, it is said that their laws atid customs " have an Unfavourable tendency, end that tjieir igno- " mnc^-*they may gain ~'^ ij^uehi and cati scarcely lose by the change. The ♦'"♦'p^tople i&f Upper €lEinada> on the other hand. Would '^'** be comihitting much to hassard by the trial ; they are i"^ happily not in that state that should make them " indifferent to any dangerous experiment. Hitherto ' " af^ar of ill consequences to themselves has prevented **' the inhabitants of Upper Canada Itom seconding the * '^*fn ** oj " Far from being improved in lumper and de> '^ meanour by the unlimited confidence that had been ^' so incautiously placed in them, the Assembly became *^ more rudely violent than ever, and, instead of em- << ploying themselves in anything useful to the Colony, " they pi-oceeded from one intemperate ac+ '-^ another, ^^ till at last they impeached the Governor' General, ^1> the Legislative Council, and the King's Ministers in ^f / ninety.two outrageous resolutions ; such, in matter " and manner^ as it might have been supposed W9uld ^vhave discouraged any further attempts to cure the ** evils of LowerCan&da by conciliating the Assembly. " In one sense, the course taken by the Assembly was •* honest ; for in these resolutions they plainly an- *• nounced to the King's Ministers that they would do ** nothing that had been expected of them ; that what " they wanted was a Kepublicaii Government, which *' his Majesty might grant them if he pleased, but " which they were resolved at all events to have, and, ** if necessary, by rebellion, in which they doubted " not they would be assisted by the United States." ^m i 'iii !!'! H<1 ;l 1 ! 1 il; • 98 The inference that I draw from these parallel acts is, that there is something defective in the extreme in the Constitution of those Provinces, and that such a defect requires an eaidy and efficient remedy. If I do not deceive myself, J have now succeeded in showing that under Lord Bathursfs administration a real and adequate remedy was suggested far the inherent difficulties growing out of the Act q/ 1791, which established the Constitution of the Canadas as it now exists. For the reasons given by me in the fullest detail in ansH'er to Queries submitted to me, — vide Question and Answers, Nos. 1, 2, 3, and 4, — I do not hesitate to say, that it would have been im- possible that such misconsti'uction could have been put forth and acted upon by an united Legislature. The evils, consequently, which have grown out of such misconstruction, in the case of a single Ijegis- Ifltui'e, would have been avoided. It was no fault on the part of J^iord Bathurst that Ithe two Legislatures were not united, and that the reign of common sense did not prevail, in contrast with that of spurious com- plaint and unreasonable demand. I have shown that the failure of that measure was no faujt on the part of Lord Sathurst. uif t-? o; v.'-mvi ,i<.w (u // I have now to advert to m/^asures thQ,t tooH place under the administration of Lord Bathurst, which, had they been followed up during the years sub- sequent to 1825, would have opposed a most efficient prevention, though of a different character, of those disgraceful scenes which have lately been acted in 29 4 the Canadas. I allude to that system of colonization which was effected in the years 1823 and 1825. In 1823 and 1825, a body of more than 2000 Irish emi- grants left the shores of their native country, under the protection of the Government of that day, to escape the misery and destitution beyond human en- durance which formed the rule, and not the excep- tion, of their existence at honie. They were removed to Upper Canada, and most liberally treated. Their colonization, notwithstanding it was effected at a high rate of expense under the incident of a first experiment, so far from being an unprofitable ex- penditure, involved a material national saving, and was, in every sense, an economical measure. These colonists no.w form a wealthy body of yeomanry; and what their feelings are and have been under kind treatment will best be appreciated by the perusal of the following letters, which have passed between Sir Francis Head, the late Governor of Upper Canada, and myself: — ' ■ •"-- •■ -"'^ ^'-'i' ■■■^- .v''" '•ii '^[>i lit n v 111-; -.v:.!! f •« Cavendish Square^ May 21, 1838. ,, ^ " My Dear Sir, f> •.i*-i;-s,'is hniy to ^niiiwA •-idt Wul you allow me to call your attention to " page 355 of Minutes of Evidence taken before a " Select Committee on Emigration in 1827,* i« ,< J Ml * Colonizations of a siini^ character might now be effected ^t a LES,8 rate of expenditure. Tlie subjeet is too important to he dis- cussed incidentally; but the pro(^ as to the economy of ,v measure fur colonizing Irish pauper agrir-uitural laboiu-ers, for whose labour there "Ill 30 which, among other documents, you will find ad- is no demand in Ireland or Great Britain, and, secondly, for whose labour there is also no adequate demand in a British colony like Upper Canada, is the plainest imaginable. If such demand did eoeigt, there would be no necessity for colonization, which is an expedient only to be resorted to when the labour market in a colony is drugged and can for the moment absorb no more. I am preparing a publica- tion specially on this subject ; but I may here mention that the test of the economy of such a measure was pointed out in the clearest manner in the eighth resolution of the select class of the members of the London Mechanics' Institution. After having summed up the whole subject in the previous resolutions, the eighth resolution records that, " in reference to national wealth, if the expense of emi- " gration be less than the expense of home maintenance there would " be a decided economy instead of an apparent expense in the applica- " tion of national capital to the purposes of regulated and assisted "emigration." )aqv.Ki u Ji.ii) uJiii i-j'.i^'MtflJ ni ^.i ^tn'-jib v>\' The strongest objection which has be«n preferred against the policy of colonization, as a national measure, is the presumed expense in- volved in it. It is remarked that it is very true thbt an Irish pauper is much happier in Canada than he would be in hi« own country ; but then it is asked what expense is necessary to remove him. It is admitted that he is not wanted in Ireland — it is admitted that he is wanted in Canada — but still comes the question, who is to pay the money for his removal? If, for the sake of argument, it be admitted that there are a thoustind married labourers in Ireland, with a wife and three children each on an average, forming a body consequently of five thousand persons, and if it be also admitted that there is no demand for the labour of those thousand labourers in Ireland, and that they have no species of prgperty, it is self-evident that, unless they are supported in some manner, they must perish. Let it be sup- posed that they are supported at the miserable rate of 2d. per head per diem, this 2d. per head must either be the gift of charity or the result of spoUation. The annual expense, therefore, of maintaining these labourers and their famiUes in their own country amounts to 15.208/.; but, according to the evidence of Lieutenant Rubridge, which I am about to publish, and who has been 19 years a settler in Canada, supported by the strongest previous evidence, these one thousand labourers might be located as Colonists in Upper Canada at the expense of 60/. per family, or 12/. per head, equal to 60,000/. A perpetual annuity therefore (I employ this by way of illustration) of 2000^., the funds being at 90. would enable a loan of 60,000/. to be raised ; wheroas, independent of the increase of these parties in Si " dresses to Earl Bathiirst from the Irish emigrants "of 1823-25. : __^.j Ireland, supposing them to be charity-fed, their maintenance at \0d. per day per family constitutes a perpetual annuity of 15,208/., which represents a capital sum (cteteris paribus) of 456,240/. instead of 60,000/., the sum necessary for their colonization. Of course I am arguing on the hypothesis, that there neither i> nor is likely to be a real demand for their labour in Ireland, or Great Britain. Surely common sense points out to any person willing to think, that a perpetual annuity of 15,208/. per annum is precisely aS' much a tax in principle upon Ireland as a tax of 2000/. per annum, under which they might be colonized. The policy, therefore, ' uf effecting the colonization of such parties, and converting them into happy and wealthy yeomanry in Canada, as compared with the policy of keeping them in Ireland as miserable paupers and beggars at 2d. per diem, is in the exact ratio that a perpetual annuity of 2000/. per annum bears to a perpetual annuity of 15,208/., or that a capitipl sum of 60,000/. bears to a capital sum of 456,240/. An emigration of labourers who expatriate themselves with the view of being absorbed as labourers in the first instance in a colony, necessarily has its limits, which are measured by the real demand in the labour market ; but their colonization with due assistance, sup- posing an indefinite supply of fertile land, has no definite limitation. I trust that the day may soon arrive when truths Vike these, which have slumbered in the unread Reports of the Emigration Committees of 1826 and 18^7, only to be revived in the resolutions of a select class of London mechanics, may find some favour in the houses of Parlia- ment, and be matured into measures of substantive relief for Ireland/ The Irish Poor Law Act will have the effect of an optical instrument, ' and make certain truths apparent, which happily can now no longer be concealed. I will not be tempted to add more in this note on this ' momentous subject, on the due comprehension of which the prosperity : of Ireland, and the repose of England depends. I addressed A letter to Mr. O'Connell in November, 1830, now nearly eight years age. This letter was published in the " Times.'' I then told him, " thut " I was prepared to show that, as far as the emigrant was concemrid, ' " emigration, when duly assisted by capital (in other words, judicious '> *' colonization), had produced the greatest change from human misery^ - " to human happiness that had ever been recorded in the history of " mankind;" — and I alluded specially to the experimental emigra- , tions of 1823 and 1825. The publication in which I am now engaged will, I think, convince the most sceptical of the truth of that assertion. T^ T-J 32 1 ill' rii,!' I sir Btiai :' -m ! ;l III;; jii " I need scarcely remind you that these emigrants, " while in Ireland, wee in a state of the utmost '* destitution. Had they remained there they would " probably have perished under the combined inflic- " tion of physical want and mental despair. " As far back as the year 1826, their gratitude " for the favours conferred upon them in removing •• them from Ireland to Canada was unbounded. '* Even at that now distant period they thus express "themselves: — • '••"*' >''ii -. v- -,i ^^iLn.U ** * For the liberality of a humane and benevolent ** sovereign no language can express our gratitude, " in having removed us from misery and want to a "fine and fertile country, where we have the certain ** prospect of obtaining, by industry, a comfortable ** compet>ence ; and we trust, my Lord, the report of " the progress we have already made on our lands " will not fall short of your Lordship's expectations, " taking into consideration that we have had to con- " tend, in addition to inexperience, with the enemy " of all new comers, the fever and ague, to a v6ry great " extent ; notwithstanding which^ we have been able " to*provide ample provision to support our families " comfortably until we harvest our next crop, s' i.Hi« f y^Q jjave reason to be thankful for the wisdom " and discretion which appointed over us so honour- " able, kind, and indefatigable a superintendent, who ** has used every exertion and care in providing for ** our every want. »( ff- . r- ** * Above all we rejoice that, in this happy coun- 38 ligrants, 5 utmost jy would ;d inflic- rratitude emoving bounded. I express n ♦ nevolent ratitude, i^ant to a e certain nfortable report of ur lands ctations, 1 to con- e enemy fery great >een able families wisdom honour- ent, who ding for jy coun- *' try, we are still under the government of our " illustrious Sovereign, to whose sacred present go- " vernment we beg to express the most unfeigned " loyalty and attachment. We beg most respect-* " fully to add that we cherish the hope that more of " our Unfortunate and suffering countrymen, at no " distant period, may, by means of the same generous " feeling, be brought to share the blessings We enjoy.' f " Again they say: — mmitfH woci tj.iir m ,i'>^l •* ' Having now resided about a twelvemonth on " our lands we have every reason to be thankful for " the excellent locations assigned us ; and we trust, " notwithstanding the difficulties our inexperience *' has had naturally to cx)ntend with^ tliat the inves- " tigation our worthy superintendent has caused to " be made of our actual improvements, will not be " uninteresting to his Majesty's Government, par- " tioularly to your Lordship, whose zeal in further- ing emigration to this Province is so eminently rjsCOnspiCUOWS. ,*:J.'>li^»r^^>< J /■.•.?!!; uS K'fS/fij'jf; ut AuvM " * We take this opportunity of expredsing to your ?< Lordship how much of gratitude we owe to the " Honourable Peter Robinson, our leader, our ad>- " viser, our friend, since we have been under his " direction, particularly for his exertions in ad^ '* miniBtering to our comforts during a seacfon of " sickness and privation. :tr> ' ,; u. r, ,: x .?.!. " * We beg to assure your Lordship of our loyalty " and attachment to our gracious Sovereign's most -iisacred person and Government.',; ,; (( (( ., I, ',<■:, A a4 I itii; 'IS U' I! ^1 ..,in,j,i ! mar ' ■ mi mm ! H III I li '11 jffi m mm M ■ ,,;«. Again :-"«^ t^ii l.i UmttM »{* )« ton fmw h. . «!'n«r« We htivfe been brought frohi a country wKere •* we had many difficulties to contend with, and sup- '* ported here to this time at th^ "xpense of Govern- "mentj oilr every want has been anticipated and " pwvid^cf for, and independence not only brought " within our reach, but actually bestowed upon us.' " And again : — ** * We trust our orderly conduct as members of " society, and steady loyalty as subjects of the Bri- ** tish Crown, will evince the gratitude we feel for " the many favours we have received. ■•'^*r y K ut Xhgt the blessings of a grateful people may " surround the throne of his Majesty is the sincere "prayer of' * ^^ 44v?««i:> " " * Most respectful humble Servants^.* ^ " When I endeavoured to point out to parties ad- " verse to emigration these passages so redolent of " gratitude and loyalty, I was told they were ad- y dresses hatched up by persons not really represent- *' ing the emigrants; that the project of converting *• miserable and destitute paupers in Ireland was a *' senseless and dangerous project ; and that if the •' day should arrive when, either from a rupture with ** America or a conflict with the French Canadians, " their loyalty and gratitude would be put to the 'jVtest, they would be found miserably wanting;^' '^' ^•fvf*t|.Vnow beg to know whether the emigrants " known in Canada as Robinson's Emigrants were m wHere d sup- overn- id and rought n us.' bers of le Bri- feel fol- ic may sincere nts.* ' tJes ad- jlent of ere ad- iresent- iverting was a if the ire with ladians, to the ligrants its were *' or were not at the period of the late crm» in Ca- " nada in 1838 in the exercise of that loyal^ which *• they professed in the year 1826 ? »: tiuim ij*ti &#» »,^.^f| v' J remain, my dear Sir, ^^ i i ,rW| •!.n Your faithful humble servant. " R. WiLMOT HORTON, •* Sir Francis Head, Bart." ry ,.w,vr* f,* , ^.-^r, (^ **■*.' ** 62, Park Street^ Grosvenor Square, -■7/i i.'^.U-ti- i-^'::U'^:- '-V^ •• JWoy 21, 1888. m^-f'*^ "' ...'.'" My 1)ear Sir, ^ ^i ^iym--} ■ih ii •.?< ^r?«' * ■ A^i^ ■ " I have just received your letter of this day, " in which you inquire whether certain emigrants to ** whom you have alluded * were or were not at the " period of the late crisis in Canada^ in 1838, in the " exercise of that loyalty which they professed in the •* vear 1826?* : » »-.»! jtfV^ t „.( ., I ^ " My reply to your question is in the affirmative. "On receiving intelligence that Toronto had been ** attacked by a band of rebels, the settlers to whom " you have alluded were among those who at once " marched from the Newcastle district, in the depth " of winter, nearly 100 miles to support the Govern- " ment. , ^!, ;;.^it*.?)U '■ % .. .■4U** On finding a body of the Honourable Peter *• Robinson's settlers self-assembled in line before " Government-house, I went out and thanked them ; to which they replied that they were doing well in ih« world, that they felt grateful to the British <« M'= ' illl m ! i 36 '/.Gweriiinent, and that they had come to (ight for )\ 1tlM^ iPri^i$h constitution .♦:• »'v-^Tf o,+ ymiyvAq FjfiR ' sdt'io iiiTil">l remain, my dear Sirj In r-J.-n'fi.-. , " Y^ur jiithfuljiumble servant, - - . •• ^,nvr JrtornmovoO ml^ ii:tft i<7//,nir'rF» B» Head,, >' !!uli •• o{!$fu«h jp /the. JriBh (character when < good feelings e|[ig^nd€tr?(^%)kiii<^ treatment are allowed to pre> domjual^. , ;,j^ay this practical lesson not be thrown a>iray I and may eo easy, and as I contend so eco- Qomicai, a process be no longer despised of converting Irish disaffection into Canadian loyalty ...nraoqqo 'to ^' On this subject it may l:|ei instiructive to I'e^ ttie fpUoiVving observations in the Report sp of]ken, alluded tjo in page 10 :— r-,,? •.. "i-n ,uuU;hiu-u^ L'Yi(m\.\'\ fult '^ . '' But there is nothing connected with, thip re- ''.jl^kftble (Jfiisis (iieferring to Jil?|e crisis ,pf , t^ jHte i jlU i l M l i i ^UU- i I n ■< il ' i I III ! i l l ^'"'Mr. Mackehzie, of Canadian nbtdrrety, was, in 1 825, the ech'tor'of ^Ift^ooial Advocate; and on the 6th of December in' thait year an ar|j<^le appeared headed " Mr. Robinson's Irish Settlers,'' of which the' fblld'wliig is a copy : — "We have informaticui which ttiay b6 de- ".pended on, stating that theM people have ian Ardent desire Co-^ to " th^ United States, and that they frequently desert. I^o less jlhan **vvitiy iff them decamped lately in one night. To hW fiiuch thore '^w«fU a fnlrpose migl^ 30,000/. have been expended than in recruit- " ing in ^reland for United States soldiers by Canadian councillors I " ^'Hie'&r^t'pkri of t^is mis-statement was contraclicted ih the Weekly Bfgvt^r th!9 mH €i December, 1 82$, by , a'SSr. fitegibbon ; with respect to the .second part, thOj par^eraph respeoting the 30^00/, slli«ii^ ^b'^Ti^fro^k Which were diitei^lh^d "by t^^ disloyal t^tn- stta«»fli5ftfi4W«fM|^>^|he^;pr»i$ew9r<»ifMttl««8. f o ^i <.ij 87 im lor ■ «« bdR 1 ft t ?sa{ '" H tt t, no ■ €t SAH^i ^' ' ■ (< li'/ult " I (( brui I (( eelingB ■ ft to pre- ■ ** thrown I a so eco- 1 M ivertipg 1 u rnoV>" 1 1iont;;inth ae 3(M|00/, jyai tiiem- (( V ' Jl'-Wj atteihpt at rebellion) upon which it is so Batisikctory and pleasing to reflect as the very striking proof it has afforded of the loyal and patriotic feeling of the great body of the people of Upper Canada. The instant it was known that the Government was threatened i^'ith violence^ all distinctidnsQf'ieJi^ion and country were laid aside, and, with a noble ardour which can never be forgotten by those livho witnessed it, the people rushed forward by thousands to put down rebellion and tdprPMerve the supremacy of the laws. While neither wealth nor station wasr felt to place the possessor ribbve the cbmmon duty of opposing with arm^ this^ unnbtiiral rebellion, the humblest inhabitant ()f the country gave also his services AvithcHeerftilness, and none rtiore so than the coloured population, whose brave, faithful, and srteady conduct h^Ve entitled them- to great credit. In the course'of this service, and of the more ardu- ous and protracted exertion which it has become ne- (^essary ,toraa|ie o^ our firontier fironj causes to which we shall presently ladvert, it has been made most evident th^tX[ppei: Cajna^a possesses an ineatinojabk, advantage in the hardy^ intelligent, and brav« pppu- lation whip h for many years pa^t has beeju |lowi^gjjfp> us from the United Kingdom. The loyalty of otti* paitive panadians, which was conspicuous intthe]|s^t war, is now aided by a host of spirited and zealous' officers of all ranks who have acquired grea 2 38 i'<'by»>ithdusand8i of brave soldiers who have l>ecome « gfeWfelrs among Us, and whose glory it is to devote W)siCon 'an* dHert^^^ a \ li^^iki, ;iJ ^■, ■4>KVi\ MUJ '',lill Jii l)ecoine devote With jnderewn and :ion and •) Hi? ni to emi- ukions of ! the aid d lirkve lid huve .1 aid be the sys- ler Lord ^25, had lepojtt of sasuie of h^n the ninistra- ire under of Lord Bathurst's administration of the affairs of Canada when Colonial Secretary during the year 1832 to 1827 inclusive. I must finally be permitted to add a few words foreign to the especial subject of this publication, but due to the memory ijf one of the most sensible and honourable men. The cbarMer of Lord Bathurst, as an efficient public eeryant a% the head of an important political departmenti . fi^ very imperfectly appreciated by the English public., Un- doubtedly his general politics did not respotid to the movement of the latter d^ys in which he Myied; but in all cases where first-rate practical good sense, and a rapid yet discreet vievfr, of intricate subject^was (essentially required, liordBathurat possessed a mind far more able to grapple with difilculties tha«n many of those persons who have underrated his pplitical s(i Lord Batiiiiirst hadvnO/affection |
al economy, no man was more alive. ,no bfthrjsa need to si served under him as Under Secretary off S^tf^^e for thri years 1822-23 24-25-26, and part \s^i^%J. My opinions on several. points were diffejrep^jjEff^fn his, more especially on the Catholic questi^cfn ;^^ju'i. such difference nev«^r for one instant affef(^^f:j^,|J[ie friendly and confidential relations that subsisted be- tvi'een us, and, like his friend the late Du)(eo|'^)^ork, he was too liberal to allow political differences to Jli; 40 i|5ii fcWinoc tmfc j'ly hilh) Tjri': disturb relations which were valuable from a variety of causes independent of mere speculative political opinions. (^ jy^ y^ m / >« ^ '■• / It was under Lord Bathurst's Colonial administra- tion that those investigating Commissions were first established, from whose labours, whatever mino; errors they mwrhiivefaUeh into, much 'Cdlbnial ad- vantage and improvement has unquestionably pro- iiieeded. He fitst introduced the preparation of what were called the " Blue Books," which name is now even adopted in Parliamentary documents ; and when in my evidence before the Canada Committee in 1828 I stated my opinion " that it was expedient that the most unqusJified publicity sliould be given both in the Colonies and the mother Country to aH pecuniary accounts, appropriations, and matters of finance," I only stated the opinion which l?bad. led to the adoption of the Blue Book system, which system, ats far as I have been able to ascertain, has been ap- proved by the most rigid economists.,,',), J, ^l.^yj^' • ^> M., Above all, for a daily sedulous discharge of the peculiar duties of his office as Colonial Secretary, «io public man who has ever filled that situation has Ibeeu more remarkable. These may be facts ua- knlown to the English public, but they are known to '^li6^6 persons who had opportunities of communica- ji^n with the late Lord Bathurst ; and, as his friend, I< akn happy to record them without fear of contra- •fiction from any quai'ter. ' - \ ;• irariety olitical nistra- re first minor lal ad- iy pro- )f what is now Li! and nmittee pedient e given rytoaH ttere of i: led tij system, ►ecn ap- of the tary, tio ion has LCts un- nown to munica- s friend, contra- st >4«K " iM 4! /iomv. « fiioii ')I(}fii'ljiJV ^.•l«37/ li'iulw «iioi.tJ5b'i &tuhib APPENDIX (A.) .^aoiiiiqo '■/i^i-iaiiciflui ii-iuoioJ.a jriiiJiiJi>i iJiUi-i iJljiiir gjivMl . - Si'-iiX tn'r/f p.nokshn vnfh^ ' ■ ' "' — ^svnr e?.^)d!i iadi noit A BliiL (as amended by the Committee) r for uniting the Le^ ffislatures of the "Provinces of Lower and Ujppet- Canada^ '■.9«piiir sml tiiomovoiqnii l)njj sgc^nuV Wrbrbas in the present situation of the Prpyince? ff Zof^^fv?^ Pnamu*. Upper CanadayW much with relation tq Great Brif-ain&s (o each other, a joint Legislature for both the said Provinces would bie more likely to promote their general security and pr^if^pefity thtui a separate Legiiilature for each of the sa^d 'Xfrovinces, as at pre- sent-by '?»w established } , • • • r * j r oror • Be it therefore enacted by the fiTing's'inosi Excellent Majesty, by and With'thb advice ahd fciontent of ihe Lords Spiritual and Tenrporal, and Comihons, in this present PaicUamenti assembled, wad by the authority of the 3apiie,That so much of an Act passed So much or U: ^he, tl^irty-first year of the rei^^of his late Mtyesty King c. 3i, m pro- ''f.etir^6 the 'ftiird, intituled,' •< An Act to repeal certain parts orj^ta^fo'*'*" ' .*v Aet passed in the fourteenth year of his Majesty's mgn> p^vinMs^of " intituled, * An Act for making more effectual provisiou for Uie {wj cLdr- " 'Government of tb« Province of Quebec in North Americaf^'^^'^^' " * and to make further provision for the Government of the ddifl **^^rprovince,''' as provides for the composing and constituting within each of the said Provinces respecUvelyt a Ltogi)slati,yp Council an».;iii t, 6 .i> ;.!v \'t! «i n first fear «fiirff9aid» shall be deemed and taken to be, and shalt b^^'rrn I remam repealed. Henceforth And be it further Enacted, That from and ader the passing' Joint Legisia. of tHis Act^ f '^ " f!>hall be within the said two Provinces, and for andone'joint the aiitaie joini. e.I/e^slative Council and one Assembly, to buihPrJ 'be(«(nn]k)8ed auL constituted in manner hereinafter described,) ''"^'' arid winch shall be called " The Legislative Council and Assembly ** «f the Canadas ;" and that within the said Provinces^ or either of thenij His CM^esty, Hift Heirs or Successors, shall h&ve pdwevj during^the tontinUance of this Act, by and with the advice and eohisent-of the said; Legislative Council and Assembly of thei Conacfof, to maJie; laws fcrir the peace, welfare, and good gor vernment of the saki Provinces, or either of them, such laws not being repugnant to this Act, nor to such parts of the said Act G.^'H.r;)'ji r(ti;>^^ passed in (he thirty-first year aforesaid, as are uot hereby re- ' pealed ; and that all such laws being passed by *hc !Chief, by the Lieutenant-Governor of the Fnmnc&of Upper Canada for the time being, or in case of the death or ah^ sence of such Lieutenant Governor^ then by the Lieutemat-GkH Vemor uf Lower Canada for the time being, w in case there bhall beilo Lieutenant-Governor at such time resident in the Province cS Lower Canada, then by the person administering the govemment thereof for the time being, shall be and fthe same areMhereby declared to be, by virtue of and ilnderthe auihorityiof this Act, valid and binding to all intents and purposes whatever 01 xomavoo witiiiu' Uib said two Provinces. n. Jtlntimfai^ 'And be it further Enacted, That the bresent members of the latiiveCiinluA ta«MiitUtof Legislative Councils of Lower and Upper Canada tballt hy Members of ^#tue of this Act j and without any new or other oommissioas ciii. ""^ fbr>that purpose, constitute together the Legislative Council of the CanadaSi which said members shall take precedence in the tnn%ith inroi joiol Legislative Council according to the date of the instruments «n<«x-n.| "*''<> 091 'ifhicb they were originally summoned to -the Legislative M)aii,(Uud 13'uie9n<>H or absence^ such taither per sod, and in such otfder rttfepfectivel^ Us -i>|Hi»-K] i.iiot is hereinbefore directed, to summon to the kaid'XiegislativeCouni'* huotMiuiinu cil, by an instrument, under a seal to be transmitted by UisMadl '*^ ^oVnuud jesty to the Oovernor-in-Chief, or under aiiy othel; seal iwbiehithe' '''^"''^ said Governor>in-Ghief shall be by His Majesty directedlo tnsib for the purposes of this Act, and which shall be ca^Eirdthd Qreai Seal of the Canodas, and shall be applied only to the purposes ditected by* this'' AcC, such other person or persoM^a^HiS' Ma- jesty, His Heirs or Successors, shallthiaki lit| and that every person who shall be so summoned to the said Legislative Goun¥ oil' shall thereby become a member thereof^' < ; > ^r!::"'".ifr')'i 7311 ('»d' o-And be it further Enacted, That such persons only shall be Such Persons sommoAed to the said Legislative Gouikcil, as by th^ said above? summoned " raentiotafed Act, pasted in the thirty-first year aforesaid, are di* by 310.3. Ketted to be summoned to the 'Legislative Council of the sal two Provinces respectively ; and that every member of the said Legislative Gdunoil shall hold his seat for the same term, and with the saitnerightsi titles^ hcmours, ranks, dignities, privileges and inhrmuntties^and subject to the same provisions, conditions, restrie- tionsj Hmitatiocs and forfritures, and to the same mode of proceed- ing, for hearing and determining by the said Legislative Council all questions which shall arise touching the same, as are in the said Aeti passed in the thirty "fifst year aforesaid, mentioned eil4 comaiw^, with respect to the mombers thereby directed to be kimtnotied to'the Legislative Council of the two Provinces respectively. .;M^vt.. '■;/ .loA anf) And be it further Enacted, That the Oovernur-in^Ghiei^iobiia Gorernorio case of hii death or absence, such other ' person, and innSUch ra^e^tii*- order respectively as is hereinbefore directed, shall have pomlcft'^!?u#rit' Jl,nd authority from time to time, by an instrument 'nhder;i»bcwf!(?!M Gr6at Seal of the Cunadas^ to constitute, appoint and reftiQif^ '"^"^'.'.n^ the Speaker of the said L^slative Council. ,;i.V)W.t'v> ori) And be it filu'ther Enacted, That the memberis af ^pt^senl toinj^ Joint Aswm- posiiig thfc Assemblies of the said two Provinces shall^togetl^!!' of the ^wnt wittiBdch new. members as slmll or a»y bieMlunifedifciirjAillvdr ^'thl'^to 44 continue ofvthe SAwl Pro«iliccitt<^^^rtti^e(^ely iff manner heriemiftftbr tiieti^ ins.uniaM ^iotwdv^inn and cpnstitMte the Aswaibly of the Canadast and J^TOd. *' riudl be and continue until the first day of July one thousand wghthuildsred andtweoty-fiwe, unless sooner dissolved ; and that iaiease.of a dissdution of the said Assembly, or of vaeancieH ooeiinring theretni membeifs shall be returned firotft the same «0ttQtie8 and places, and in the same manner, and in the samt ntfmbersy except as hereinafter otheryirise provided, as ilow by law ihrf ard leturncdwithin the two Provinces respectively^oriu hahio- Aet of Upper j^j^d whercas an Act was passed by the Provincial Legislature Canada, * 60 0.3. to 0f Jjnper Canada, in the sixtieth year of th)B reign of his said continiie in '^'^ tot^:,„ ,, late Majesty^ intttaled; V An Act for increasing the Reprfe- »r..ir-.'fj *■ sentation of the Commons of this Province in the House of •i,;|;;;*,;V"l" Assembly;" Be it therefore further Enacted, That the said jl^U^. Act, and all the provisions therein contained, except as herein- after otherwise provided, shall remain in full force and effect, and shall be applied to the representation of the said Pirovinee 'Of ■^w,M'rli-'>^ pame were applicable to the representation thereof in the Ab- "^ ct'ntMo ! wmbly of the said Province of Upper Canada txfore^l^s Adt s !.i was passed, ({.t •pnilo-iq^oi hue .ybv'uooqam ayjftivoK*! bias oriJ GoTernorof And be it further Euacted, That it shall and may be lawfipl da may erect for the Govemor, Lieutenant-Governor, or person administering ouroft^ "'' the government of the said Province of Lower Canada for the iWaMpsto ^^^ b«ing, from time to time as he shall judge expedient, fVom ▲HemUy!^" aud oot of that part of the said Province of Lower Canada which )bie|s been erected into townships since the number of represeH- t^ives for the said Province was settled by pruclaeaatioo, to form f^n4 erfPt n^w counties, by instrument or instruments under the jGirei^^ Sieal of the said Province, each such joew oouuty to con* • ' SIIILpI ^P^^^^ than six townships ; and that when and so often MiRRK'^Mcb new county shall be formed and erected as aforesaid^ |^;Q9,v^rnoT, Lieutenant-Goverior, or person administering the g)9yeri;ii|iieot of the said Province of Lower Canada, shall issue |ii,^rit fpf the election of one member to serve for the same in ti\i^ ^s^^mbly ; and that whenaoever the said Governor, Lieu'^ tenant-Governor, or person administering the government ai; ^fiTj^^pM^ 8h^,4e[^m it.pxpediiei^t tbat^oy wiifih new county^ or ,: ■•;.'.> .V- . '. J 'coiavoO *^ • •■ 45 any county heretofore erected within the said Frovihoir trf' iMuiur «'"'<'»» dmadOt and at present represented by onlv^one: membei^;BfaaH -"^^^^ ^'ioa t 11 1 I_ u 11 . 1.1 . iiUvjWMf, be represented by two members, he shaH an like loanDdriiHto i>9viua writs for that purpose : Provided always^ that no fsuMivibiOli^df any counti(S» now erected or to be. hereafter hrccted within dlher of the said Provincesj except as hereinbefore provided witfairespeet to the said townships, shall extend or' be construed tm extend - number of after be passed by His M&jesty, by andiwitb^the advice and eoh- wteT^ht $eut of the said Legislative Council and Asaembly^uDless the ^T^'am! sune shall have been passed by two-thirds at least of the members houws. present at the question for the second and tjhird reading of the same in the said Legislative Council and Assembly respectively; And be it further Enacted, That all and every the provisions Provisiou and regulatiiMis respecting the appointment and nomination, Kspecting' duties, privileges and liabilities of returning officers for either of fem^^nln'*" the said Provinces respectively, and respecting the eligibility, '""*• qualification and ^disability of persona to sit as members itt the , „,;') Vr.w,ij said Assembly;' or to vote' on the election of such inem'beif^, *:','" "'' ahd respecting any oath to be taken by candidates or vototi M "iJtojao such elections, and respecting all other proceedmgs at such de^ »'T" "^ tions, and respecting the times and placjes of holding such eleiiiP .iurmt^'A tions, as' aire contained In the> said above-mentioned' Ai^'}:JajSli^ in the thirty-first year aforesaid, Mccptiu so fei'-as'tlie^aid'^tiii visions and regulations are "hereby in anywise altered, siiiglH remain and continue \\\ force in both of the-'said'ftivvJriSi^^ and that' ail 'and eV4»ry ^e provisions and regiilatiobs i^s^iin| (Sie objects Above eniiriK nited, or any of them j which ^t^^^diittiihJld in any Act or Acts of the provincial Legislattrre»; wbi6h' a!i^PnttU in force in either of the said Provinces respectively, shialiWiWflai and continue in force within such' Province, Ox^eptr'i^ the'^^^fi^ are bereby in anyways altered,- tiBtSl otheHKrise provic^' for % Ittii joint LeMSlature.'* v!oii'^iiaanq io ^lomfjvoO-inBmt nu And be it forther Enacted, Thtt'Wheif aiii*>k) 'often fc^i^Bfftki-Govetnof nayiummon al'i^ a new Ai- •embly. *».', ht!6t!t»tity i6 ifUMthdn 4nd cad together a new A&' ^^liibly for the said two Provinces, it shall and may be lawful for the said Governor-in-Chief, or in case of his death or absence, thein for such other person, and in such order re^btively as is hereinbefore directed, by an instrument under the said Great Seal 3"^'o-i4 aiU ui i-iuivM] Jqmioo buB' Qiiaiiflcation And be it further Enacted, That on the flint general election bereuiPro- of members for the said Assembly, Which shall take place from and afler the passing of this Act, ^i&d'on all Subsequent' elebt ions, whether general or for particular pi aicW, ih cases of vacaficy, which shall be holden in either of the said Provinces, no person shall be capable of being eliectdd, who shall not be legally po^ sessed, to his own u6e and b^efi't^ of laiidls' aiid tsnemehts ^ithiii ^one or other of the said Provinces; of ^th^ Va,WB of Five htiiidred pounds sterling over and above all rents, charges adid in- TOnim?»°Y«m duoibratices which may affect the saintej sudi lands and fene- ^?^ '^Z 'merits being by him held in freehold; Ifl fi*f,'6r itt'roturei atid v.^! ''^wc> ^'^hat every candidate at such election, befbre h^ shtill be eap^bfie ''"".A'!rf,'f.* '^ t ." a Member thereof.*' , Provided alwi»ys,That nothing in this Act contained shall, 1^/^ construed to affect any Act now in force in eitiher pf the saji^ Provinces respectively relating to the qualification (other than as reqpects property) of any candidate or voter at elections. , ^ And be it further Enacted, That if any person shall know^ in^y and wilfully take a false 09,th respecting his qualification, either as candidate or voter at any elec^on as aforesaid, and shalj thereof be lawfully convicted, such person shall be liable to the pains and penalties by law inflicted on persons guilty of wilful and corrupt perjury in the Province in which such false oaths shall have been taken. . And be it further Enacted, That whenever hereafter any ques- tiqn shfill arise touching the validity of the election or return of a^ny person in either Province to serve in the Assembly, such quiQ^tion shall be tried in the Joint Assembly, according to the mode of proceeding now established by law in that Province in IvMlch the disputed election or. return "shall have been made, until a uniform coi||[;se ojf PRJC^fdfng ^ha^be ^ft'yu?^''*i'!*Mi?^Jfe'^ bpthf Provinces,'. -..,,, n- lj,,r, »,.,. ,,,„, ,,„:r,,,,J .'1!",^ .^nAndinbe it further Enacted, That it shall and may bu lawfijt vfpr thfr^8aidGovernor-in-Chief,or in case of his death or absenc^, Ihe^ for such other person, and in such order respectively as^s ,biereinhefi»e directed, if at any time he shall deem it expedient, to suinn^Dn 9«d authorize, by an instrument under hi^^^and t^d seal, two members of the executive Council of each Proyij^qfi^jto sit in every Assembly, with power of debating therein, ^nd with all other powers, privil^es, and immunities of the members thereof, except that of voting. -vf ],'),-« -' And be it further Enacted, That the said Legislative Council and Assembly shall be called togetlier for the first time at some period not later than the first day of September, ^e thousand eight hundred and twenty-fi>ur, and: once aAevw^iTjds in every twelvecalendar mouths; and that the said Gpv^nor-in>Chief, or e.'ii7/ 'lOHiti ir.fq..,|t l.rt Phmu* swearing falsely guilty of iierjuty. Triali of con teitad Eleo. tiou. Governor may summon Two Mem- bers of the Executive Council of eacli Province to the As- Joint Leai*. lature to be summoned not later than 1st Septem- ber 1824. and once every twelve Months after- wards. m 48 ini ctt«« of his d^ath or dbsence, such other person, and in such order rcspcotiTely as is hereinbefore directed, shall and may convene Uie first and every other session of the said Legislative Council and Assembly, at such places within either Province, and at such times, under the restrictions aforesaid, as he shall Jud(^ iftosteondacive to the general convenience, giving due and silfflcietit notice thereof, and shall have power to prorogue (he ^vJiD.^mc firom tinie to time, atid to dissolve the same by procla^ .beis^i/matton dC-ei.Jhvise, whenever he shall d^em it necessary or •wc: ,9UUiJ(i. I I'M'. • '»!' Ymh. Majority of Votes to decide. expedient ' Every (utare And be it Ait*ther EnaeteA^' Tb&t '«e either of the Legislative Council or AAsetnbly shall b« permitted t0 f the Legislative Council and Assembly shall be pre- byli/«u>i f^hMd liivr'H in' Majesty's assent to the said Governor-imChief, riaiijtna'itV ; be, as in «nr< by the said Act, passed in the thirtynflrsti year* aforesaid, are contained and enacted with refard tOMSuch. BiUi> respectively. ; . i ^ ; > And be it fur^h^r Enacted, That ail lavf s, at^tutes, or ordir^uLawt • i_ • a slow ID fur09 n^nceR whiphare in force at the time of pMsingtbis Act, within to contiunt. the said Provinces or either of them, or in any part, thereof henLrl- respectively, shall; remain andoontinue to be sf.ih* same £»ieff«,Kitored.'" authority, and effect in each of the said Provinces respectively a«^ if thia Act had not beep, made, ciccept in asifar ^9 Ihe same are repealed or varied by this Act, or in so far as the same shall opf mayi be hereafler by virtue of and under tJie authority of this Act repealed or varied by Hi» Majesty, his Heirs or Successors, by and with the advice and consent of thjB «aid Legislative Council , and Assembly. '■ Mil •ttlttiif.i CI (/I: And be it further Enacted, That all rishts, privileges, immitnir i^ivHages ° * o » „f Member! ties,iaQllll;j o),6.i> le .avAat h'lr.^ o-'f '7(1 hffT ii! .-r .M'rtf..- «) -f) f'iii'u'umhu bodies in. this respect. And be it further Snacted, That from and after the passing/of HmeaJbuh thisi Act, talliwritten proceedings of what nature soever of the PnwM^ui, 8a|(j^^gislalive Council and Assembly, or either of it^em, shftllYetSS?* . be \n the English language and none other; and that nt Ah^tSfKgtoh ei^ of the space of fifteen years from and afler the passing of tlHs *'*""' Act, aU Rebates in the said Lfegislative Council or in tjh4>#ai4s Assembly, shall be carried on in the English language and UPti^/i other, .y.^^ 3^-, jj, ^7j(j.«ljj J00i';'iir ,0 ■Jij.!';l1} ■i-,u<'mi{ta3i^r»M 8tH 3^i^5l^irhere^*"'*^« '* ^^ A** **" mailing more eflTectual provision for the to bo affected. •' government of the province of Quebec, in North Ameriea,** it was, amongst other things, declared. That His Majesty's subjects, professing the religion of the church of Rome^ of and in the said . Province of Quebec, might have, hold and enjoy the free exercise of the said religion, subject to the K ing's supremacy as in the said Act mentioned, end that the cler/gy of the said church might '^'f^ hold, receive, and enjoy their accustomed dues and rights with respect to such persons only as should profess the said religion ; Be it therefore further Enacted and Declared, that nothing in this Act contained, nor any Act to be passed by the said joint Legislature, nor any resolution or other proceeding of the said Legislative Council or Assembly, shall in anywise affect or be construed to aPect the free exercise of the religion of the Church of Ruine by His Majesty's subjects professing the same, within , either of the said Provinces, but the same may continue to be ex- ercised, and the clergy of the said church and the several curates of each respective parish of the said Province of Lower Canada, now performing the clerical duties thereof, or who shall hereafter, with the approbation and consent of His Majesty, expressed in writing by the Governor or Lieutenant-Governor, or persons administering the government of the said Province of Lower Canada for the time being, be thereto duly collated, ap* pointed, or inducted, may continue to hold, receive, and enjoy their accustomed dues and rights in as fiill and ample manner, to all intents and purposes, as heretofore, and as is provided and declared by the said last-mentioned Act. And be it further Enacted, That all the provisions, regulations, and restrictions made and imposed in and by the said Act, passed in the thirty-first year aforesaid, with respect to any Act passed by the "^ . ... ' . . „ . , . \. joint Legis- or Acts contammg any provisions of the nature therem particu- larly mentioned and specified, shall and the same are hereby de- clared to extend and apply to each and every Act which shall be passed by the said Legislative Council and Assembly, and which shall contain any provisions of the nature in and by the -'.i. ; said last-mentioned Acts set forth and specified. Aeoounto,&e. And be it further Enacted, That all and every the accounts. ipi visions of 31 0. 3, to extend to Acts to be returns, papers, and uicumenls, wliich by any Act now in force {,"^,",''11}^ .- ill either Province are directed to be laid before the Legislature iui[<>i*»«ur«. thereof respecitvely, shall, under the penalties theiein provided, • a,u>''W be in like manner transmitted and laid before the Legistbture of ;;, the CanadaSf during the continuance of such Acts. And be it further Enacted, That the officers and other persons 8«Urit>sor receiving salaries or allowances in respect of services rendered by iht l«kUi»* them in the Legislatures of their respective Provinces, shall con- tluoulm" tinue to receive such salaries and allowances as here'olore, until p^ji'^^j'^u, otherwise provided for by any Act which shall be pussed by His ^ Majesty, His Heirs or Successors, with the advice and consent of i the Legislative Council and Assembly of tlt^e Can£rd(M« *.-i\ fbi;/' », .^*"^i/;j^ .-ill' jj« f'tVMC'y ').{}/;'■ oV^i),.,rt.»; .-W^osHi ,tit"ii o» '•*^y'!ift<^i>f()rtf jV-^br)!))!^ to',{wnK>i ft^Ji/fW^i 'jl>i>/|-H {^i^ Mi/<';iif:rtr shish l;rjd feiirH InJiio^iiruiia tlmi^ ■M S ■5i»!j!2{/;r-<^^<^ .»W' 5-2 ::'? *!! ■!ji ■;' i -(ir{ir 7'i''. ifi <•■' .'fiivfiilt rf(,.f vfiK'iii ' ,"i'' i. '■>•■' f-'ii '('.!, ' ■'"*U:} tiii dl '^Dfi'i- ' ■' ■''•" ''■ '■ .^, ,,,,,,.,,,,„;, .APPEND IX (B.) dM,.>.... iHiic. in.'i; y'"'."'^'* ^" "" \>>''''i y t!:l> r. j-ftninf -'-■'!: Examination of the Right Hon. Robert John Wilmot Horton, , ' ' '" '' a Member of the Committee. .. ' Query 1. — Are you of opinion that under the Act of 31 Geo. 3, c. 31, tiie Assembly of Lower Canada were legally entitled to ap- propriate the duties collecteu under the 14 Geo. 3, c. 88? — I am of opinion that they vvere not legally enti'iied, for the foilows T.g reasons : first, there were two Acts passed in the year 1774, relating to the Government of Canada, the one the 14 Geo. b, c. 83 ; the other the 14 Geo. 3, c. 88 ; the Act of the 31 G. 3, c. 31, so much of 8 to the ap- ?rovii,ec of that partial mainder of [uestion. L, which is lied the De- tained shall , the execu- te made by nt of Groat or for im- [ of navi^a- on between 1 provinces ar between state, or for of such du- successors any power or authority, by and with the advice and consent ot such Legislative Councils and Assemblies respectively, to vary or • repeal any snch law or laws, or any part thereof, or in any man- ner to obstruct the execution thereof." — A reference to the rates contained in the 14 Geo. 3, c. 88, will show that thty regulate the commerce to be carried on between the colony and other parts of the world, according to the phrase employed in the 46th clause : they impose a duty of3rf. on every gallon of brtindy and other spirits, of the manufacture of Great Britain ; 6d. for every gallon of run." or spirits imported from any of His Majesty's sugar colo- nies in the West Indies ; 9d. for every gallon of rum imported from 6ther colonies in America ; l-y. for every gallon of foreign brandy or other spirits, of foreign manufacture, imported or brought from Great Britain, and so on ; thus presenting a gra- duated scale of duty, having a refertnce to the commercial inte- rests of the country. If the Committee will then refer to s. 47, 1 think they will be convinced that it was intended to maintain this Act in force, and not to repeal it ; the section runs thus — *' Pro- vided always pnd be it enacted by the authority aforesaid, that the net produce of all duties which shall be so imposed" (making no allusior whatever to the duties which have been so imposed) '* shall at all times hereafter be applied to and for the use of each of the said provinces respectively, and in such nan- ner only as shall be directed by any law or laws which may be made by His Majesty, his heirs or successors, 'by and with the advice and consent of the Legislative Council and ^"sembly of such province." Thirdly, because if rprerence be made to the ca^e of other colonies which possessed Legislatures at the period of passing the Declaratory Act, it is perfectly notorious that not a single year has elapsed since that Declaratory Act was passed, in which duties have not been levied, and even remitted to this country, ant! deposited in the Exchequer, which have been raised under British . lets passeA prior to the Declaratory Act. I beg leave to call the attention of the Committee to the case of Jamaica. The Coramis- sionevs of Customs in Jamaica have annually remitted to this coun- try, duties levied under the following Acts ; I take the schedule as it apiiears in the year 1822 : duties per Act 25 Ch, 2, 31/. 18.v. 6rf. ,• E 2 54 ditto, 6 Geo. 2, and 4 Geo. 3, 3255/. 8s. If ttary of ^tate (Lord Bathurst) abolished some of the ofiices included . n this 3390/., and transferred others to the territorial revenues of the Crown, over which the Assembly did not so directly, at least, claim to have any jurisdictioa ; it is perfectly true that, in the first instance, Lord Bathurst remonstrated against the conduct of the Lieutenant-Governor in having sanctioned this Act; but it was under the impression that the words of the Act did not maintain the integrity of the Crown revenue, and consequently that it was contrary to the Roya^ instructions. In the succeeding year 1826, the Assembly, with a view of obviating the construc- tion of the Act of 1825, as sanctioning the integrity of the Crown revenue, passed the following resolutions before they commenced the vote of supply for that year: — " Resolved, first. That the ap- propriation of any sums of money already levied, or which here- after may be levied on His Majesty's subjects in this province, otherwise than such application is or mc^y be directed to be made by the express provisions of law, is a breach of the privileges of this House, and subversive of the governmetit of this province as ill I 56 imi established by law. Second, That no law imposing duties or taxes on His Majesty's subjects in this province, providing funds for the defraying tlie expenses of His Majesty's Civil Government, and those of the administration of justice, or of the Legislature in this province, can be held to confer upon any person a power or right of applying the monies thence arising, or making a special appropriation and distribution thceof, without the consent and authority of the Legislature. Third, That the sums granted and appropriated fcr any special service should be applied by the executive power only to defray the expenses of that service, and that the application of any surplus of funds to uses for which they were not appropriated is a misapplication of the public money, a breach of public trust, a violation of the rights and privileges of this House, and subversive of the government of this province as established by law. Fourth, that this House vi^ill hold personally responsible His Majesty's receiver-general of this province, and every other person or persons concerned, for all monies levied on His Majesty's subjects in this province, which may have le^-^lly come into his or their hands, and been paid over ^y him or them, under any authority whatsoever, unless such payments be or shall be authorized by an express provision of law." I am not enabled to state to the Committee whether the bill of 1826 was verbatim the same as the Act of 1825, be-ause ine bills are not sent over to this country ; but that bill was amended by the Legislative Council for the purpose of unequivocally maintaining in its terms the integrity of the Crown revenue raised under the 14 Geo. 3; the consequence of that amendment was, that the Assembly re- fused to proceed with it upon its return from the Upper House, and the supplies were in consequence not voted. I must not omit to represent most distinctly to the Committee, first, that the manner in which the proceeds of the 14 Geo. 3 were disposed of, were uniformly laid before the Assembly, who had consequently the power to remonstrate against any of the items mcluded therein, or, by diminishing the general supply, practically to affect the ap- propriation of that revenue ; but the Assembly were determined to do nothing less than contend for the legality of the appropria- tion of that revenue by themselves, and that construction was considered as one to which His Majesty's Government, con- OT^TvrPTVy-m T^*' T**/ ■ - F^ 57 sistently with the maintenance of the interests of the Crown, , could not consent, i -t.r. .,,,i >•.( ^ -,:. Wn* ^'vi ".!,;»/ .p. nc I have thus endeavoured to afford accurate information to the Committee upon this point, and beg to remind them that there never was un indisposition to give the Assembly the absolute ap- , propriation of this revenue, provided they would consent to vote , *'..ti existing Civil List for a term of years, or ibr the period of . the King's life ; and it was considered in the state of collision of feeling between the Assembly, as those reprosenting the French, interest, and the Legislative Council as representing the English interest, that if the Civil Government Wt.. dependent annually i , upon a vote of the Legislature for its support, there was little chance of the public service being carried on in that colony. It appears to me impossible for any person to form a just view of the case in dispute between the Colony and the Executive Government, without ascertaining whether the charges which were made by the Executive Government upon the Crown revenue, were such as ought, or ought not, in fairness to have received the sanction and approbation of the Colonial Assembly. Query 2. — On what ground is it stated that in the 11 years that elapsed between 1773 and 1784 the English law prevailed in the townships of Lower Canada ? — A Royal Proclamation was issued in 1763, of which the preamble was in the following words : — " Whereas We have taken into Our royal consideration the ex- tensive and valuable acquisitions in America, secured to our Crown by the late detinitive treaty of peace, concluded at Paris, the 10th day of February last; and being desirous that all our loving subjects, as well of our kingdoms as of our colonies in < America, may avail themselves with all convenient speed of the great ^ ^neflts and advantages which must accrue therefrom to ^ their commerce, manufactures, and navigation, we have thought . fit to issue this our royal proclamation." In the body of the proclamation there is the following passage : — " And whereas it will greatly contribute to the speedy settling our said new go- , vernments, that our loving subjects should be informed of our paternal care tor the security of the liberty and properties of those who are and shall become inhabitants thereof, we have thought fit to publish and declare by this our proclamation, that we M 58 h' 'i'r- hi/v .■.(it have in the letters patent under uur great seal or Great Britain, by which the said governments are constituted, given express power and direction to our governors of our said colonies respectively, that so soon as the state and circumstances of the said colonies will aomit thereof, they shall, with the advice and consent of the members of our Council, summon and call ge- neral asseuiblies within the said governments respectKrely, in such manner and form as is used and directed in those colonies and provinces in America which are under our immediate govern- ment; and we have also given power to the said governors, with the consent of our said Councils and the Representatives of the people so to be summoned as aforesaid, to make, constitute, and ordain laws, statutes, and ordinances for the public peace, welfare, and good government of our said colonies, and of the people and inhabitants thereof, as near as may be agreeable to the laws of England^ and under such regulations and restrictions as are usedin other colonies ; and in the mean time, and until such assem- blies can be called as aforesaid, ail persons inliabiting in, or re- sorting to, our said colonies, may confide in our royal protection for the enjoyment of the benefit of the laws of our realm of England ; for which purpose we have given power under our great seal to the governors of our said colonies respectively, to erect and constitute, with the advice of our said Councils respectively, courts of judicature and public justice within our said colonies, for the hearing anu determining all causes as well criminal as civile 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 us in our Privy Council.'' '^'"/^QMery 3. — In what respect do succeeding Acts of Parliament ' affect the proclamation of 1763 ?— The Act of the 14 Geo. 3, c 83, was intituled, " An Act for the making more effectual provision ' for the Goverment of the Province of Quebec in North America." Under the 4ih clause of that Act all former provisions made for "that province were to be null and void after the 1st of May, 1775; and with reference to the proclamation of 1763, that clause proceeds as follows : — " And whereas the provisions made 3' 59 by the said proclamation in respect to the civil government of the said province of Quebec, &c. &c., have been found upon experi- ence to be inapplicable to the state and circumstances of the said province, &c. &c. ; Be it Enacted, That the said proclamation, so far as the same relates to the said province of Quebec, and the commission under the authority whereof the government of the suid province is at present administered, and alt ordinance and ordinances, &c. &c., and all commissions, &c. &c., be hereby re- voked, annulled, and made void.*' The clauses of the Act, from four to nine, contain provisions affecting the French Canadians ; and then the ninth clause is as follows : — *' Provided always.that nothing in this Act contained shall extend or be construed to ex- tenfl to any lands that have been granted by His Majesty or shall hereafter be granted by His Majesty, his heirs and successor^, to be holden in free and common soccage." It appears to me, therefore, that as far as affects the English population resident in the townships, the proclamation of 1763 was to be in full force as respected them. In the Act of the 31 Geo. 3, c. 31, commonly called the Quebec Act, the Act of the 14 Geo. 3, c. 83, just quoted, was only repealed as far as relates to the ap- pointment of a council for Quebec, consequently the rest of its provisions must be considered to remain in force ; and the 43rd clause of that Act is as follows : — " And be it further enacted by the authority aforesaid, that all lands which shall be hereafter granted within the said province of Upper Canada shall be granted in frt.e and common soccage in like manner as lands are now holden in free and common soccage in that part of Great Britain called England ; and that in every case where lands shall be hereafter granted within the said province of Lower Canada, and where the grantee thereof shall desire the same to be granted in free and common soccage, Ihe same shall be so granted." The concluding part of this clause provides for any alteration to be made by local laws in the Canadas, and proceeds as follows : — " But subject nevertheless to such altera- tions with respect to the nature and consequences of such teaure of free and common soccage as may be established by a,ny law dr laws which may be made by His Majesty, his heirs or i^uc- 60 cessors, by and with the advice and consent of the Legislative Council and Assembly of the Province." The next reference to this subject which appears in legislation is in the eighth clause of the 6 Geo. 4, c. 69, commonly called the Canada Tenures Act, which declares that lands holden in free and common aoc- cage in Lower Canada are to be subject to the laws of England, as it appears to me in the strictest accordance with the 43rd clause of the 31st of the late King, when that clause is taken with re- ference to preceding legislation ; which clause as already cited provides absolutely that grants in Upper Canada shall be made in free and common soccage ; but . with respect to Lower Canada, there was a power to the Local Legislature to modify that enactment if it should be deemed expedient by the Legisla- ture and by the Crown. Query 4. — What is the substance of the Act which has provided for an increase in the number of representatives in the Legislative Assembly of Upper Canada? — The preamble of this Act, passed 7th of March, 1820, is to the following effect : — '* Whereas from the rapid increase of the population of this province, the repre- sentation thereof in the Commons House of Assembly is deemed too limited, so much of the several laws now in force as regulate the nuniber of representatives to serve in the Provincial Parlia- ment are repealed." It then proceeds to enact that counties containing 1000 inhabitants should be represented by one member ; when they contained 4000 inhabitants, by two mem- bers; that certain towns, when they contained 1000 souls, should be represented by one member ; that the population should be ascertained by the returns of the several town-clerks ; that when- ever a university should be established in the province, it sliould be represented by one member. The Governor to issue writs of election, as provided by the Sist of the late King. The Act not to lessen the number of any members now returned for any county, nor to make it necessary to issue any new writs of elec- tion on account of any increase of inhabitants since the last elec- tion. Counties containing less than 1000 souls to be attached to the next adjoining county, having the smallest number of in- habitants. No person qualified to vote in a town to be allowed 6]) » to vote for a county in respect of the same property. Inhabitants of towns sending a member, not to be included among the in" habitants of counties, for the purposes of this Act. Query 5. — What was the substance of the bill for uniting the Legislatures of the provinces of Upper and Lower Canada, which was brought in and withdrawn in the session of 1822? — So much of the 31 Geo. 3, c. 31, was repealed, as provides a Legislature for each of the provinces, of Upper and Lower Canada, henceforth to be onejoint legislative Council, and one joint Assembly for both provinces. The joint Legislative Council was to consist of the existing members of bdth Councils, with a power for His Majesty from time to time to summon such other persons or person as His Majesty, his heirs and successors, should think fit. Such summons to be carried into elTect under the enactment of the 31 Geo. 3. The Governor was to have the power of ap- pointing and removing the speaker of the Legislative Council ; the joint Assembly was to consist of me present members of the assemblies of Upper and Lower Canada, and to continue till the 1st of July, 1824, unless sooner dissolved. The Act of Upper Canada of the 6 Geo. 4 was to continue in force, and to be applied, subject to any alteration in the Union Bill, to the representation of the said province of Upper Canada in the joint Assembly, in like manner as it had been applicable to the special representation of Upper Canada prior to the passing of the Act. The Governor of Lower Canada was authorized to erect new counties out of the townships, such counties to be represented in the Assembly, or ^ny old county now returning one member to be represented by two members. It was provided at the same time that no subdivision of any counties now erected, or to be hereafler erected within either of the said provinces, except as hereinbefore provided with respect to the townships, shall extend or be construed to extend to increase the number of representa- tives for such counties. It was also provided that the number of representatives for each province should not exceed 60. No Act to alter the number of representatives was to be passed unless sanctioned by a majority of two-thirds of the Legislative Assembly, as well as the Legislative Council. The provisions of the 31 Geo. 3, respecting elections, were to remain in force. ... f ' T !'H- 62 li„t ..l! ..)> The quulifictttion for a member was to be of the value of 500/. sterling of real property, and an oath was prescribed to ensure that qualification, and persons swearing falsely to be guilty of perjury. The trials of contested elections were to be the same as under the 31st of the King. The Governor was to have the power of summoning two members of the Executive Council in each province to the Assembly, who were to sit with power of debating therein, and with nil other powers and privileges and immunities, except that of voting. The united Legislature was to meet once in every twelve months, and to continue for five years, till the period of a general election : majority of votes to decide. The oaths prescribed by the 31 Geo. 3, for the members of the Council and Assembly, to be taken ; the decla- ration of the Royal Assent to be regulated by the enactments of the 31 Geo. 3; all laws in force at the time of the passing of the Act within the said provinces, or either of them, or any part thereof, to be unchanged, and the privileges of members to continue precisely the same. It was further enacted, that from the period of the passing of this Act all written proceedings whatever should be in the English language, and at the end of 15 years after the passing of the Act, all debates in either House to be carried on in English, and in no other language ; that nothing in this Act, nor any act to be passed by the joint Legislature, nor any resolution or other proceeding of the Legislative Council or Assembly, was to affect or be construed to affect the free exercise of the religion of the Church of Rome, or to prejudice such accustomed dues and rights as the clergy of the said church might hold, receive, and enjoy, subject to the King's supremacy as recognised in the Act of the 31 Geo. 3, and the clergy and curates now performing clerical duties, or who hereafter, with the approbation and consent of His Majesty, expressed in writing by the Governor, &c., should be duly collated, appointed, or inducted to any parish, were to continue to hold, receive, and enjoy their accustomv°d fees and rights as fully as they were entitled to do under the Act of the 31st of the King. All the remaining provisions of the Act of the 3l8t of the King were to be in force. ..i; f^.,- Ui rmi^'\i:>aiii- Query 6.— Were the objections that were made to that bill I 63 chi(>fly to the principles of the bill, or to any part of the details ? — There were objections made from both the Canadas, but more especially from Lower Canada, against the principles of the bill ; there were also objections' made to some of the details. 1 ' ' ' Query 7. — Will you have the goodness to point out tb the Committee what parts were objected to ? —It was objected that the principle prescribed for the representation would necessarily give a greater proportion of representatives to Upper Canada, inasmnch as the Act for increasing the representation of the commons of that province, according to the scale of population, was to be still in force ; whereas no Act existed in Lower Canada to the same effect; consequently the enactment of any legislation to that effect in Lower Canada would depend upon the united sanction of the two Assemblies afler the period of union. There was an objection also made to the qualifications, and to the introduction of two members of the Executive Council, as debaters and not as voters; but the enactment which prescribed that all written proceedings were immediately to be in the English language, and that af^er 15 years all debates were to be in English, was considered as affording a pretty conclusive indication that it was intended progressively to render the united province English as to its institutions. Query 8.— Have you any observation to make upon that pro- vision of the bill? — It is impossible to deny that the intention of that bill was to realize the expression employed by Mr. Pitt in 1791, namely to assimilate the Canadians to the language, manners, habits, and above all the laws and institutions of Great Britain. ' , Query 9. — Did not Mr. Pitt accompany that declaration l)y say- ing that he only looked forward to such an assimilation taking place, if it could take place with the free will of the French Canadians, and was not the very ground on which he separated the colony into two provinces in order to ensure the French Canadians from the possibility of the Government attempting to produce such an assimilation without their entire assent and concurrence ? — ^The Union Bill was considered to be necessary in consequence of th6 inherent defects in the bill of 1791, which placed the two pro- vinces in a state of perpetual collision, from which no escape was anticipated at that time, except through the medium of a legisla- ♦ il 1 ^64 tive union, and consequently, whatever abntract objections there might have been to that measure, it was considered as one of per- manent public necessity. .... t>- '■ < '"' . ir. min , Query 10. — But the Committee are not to understand that you represent Mr. Pitt as having desired to assimilate the laws and habits of the two populations in Canada upon any other ground than the entire concurrence of the French population in such assimilation? — I only mean to imply that Mr. Pitt contemplated from the legislation of 1791 that such assimilation would take place. I think the Union Bill of 1822 was defective in not more explicitly securing the rig'hts, privileges, immunities and ad- vantages enjoyed by the French population under their own laws, and making such laws so far permanent as to be incapable of repeal by the operation of this united Legislature. >>'> •<,- •< Query 11. — ^Do you think that any bill could now be framed, the object of which should be uniting the two provinces, which could be made free from objection by the inhabitants of both provinces ? — I am satisfied that no bill could be made which would be free from objection, but I am convinced that that bill of 1822 might be so materially improved as to remove a great part of the objections which were not unjustly preferred against it, and I do not myself see any alternative between the proposition of transferring to the province of Upper Canada a port which shall enable her to main- tain her communication with the sea, and thereby effect her in- dependeneeofthe Lower Province, with respect to revenue arising from duties on goods imported seawards, or, on the other hand, the carrying into ejBTect the provisions of a legislative union. Query 12. — Could a port be given to Upper Canada by any other means than by annexing Montreal to that i)rovinee P — I am not aware of any other geographical facility of accomplish- ing that object. r!*4T f"r(?'iVin ?<■.•*'> • ■5t tl)f*!«,'if; iT.*.i .t ilivt- ■'t-'i -r •» ,- Query \3. — Do you think that the objections to ihe latter arrangement on the part of the Lower Canadians would not be almost as strong as to an incorporating union of the two provinces? — I entertain no doubt that very strong objections would be made bytjde Lower Canadians against such a proposal, but £ repeat, that under the relative circumstances of the iwd' provinces, 'and the bounden duty of the mother country' to act justly between them, 65 t I do not myself perceive any other than thene alternatives. 1 cannot, however, avoid remarking, that nhould considerations of mutual defence, and a sense of common interest, create a gprowinp^ opinion in favour of a legislative union in the two provinces, there does not appear to me to be any conclusive mode of adjusting their interests, with respect to the appropriation of their common revenue, other than by an identification of interests, involved in v'he measure of union ; but, at the same time, of a union which should guarantee to the French population their laws and insti- tutions in the seigneuries, to the extent of preventing the com- bined Legislature from voting away those laws and institutions, and at the same time should reserve space enou<>;h in the unsettled part of the province, so us to allow the French population to spread itself within the sphere of the operation of French law. Query 14. — Can the difficulty which arises in adjusting, collect- ing, and distributing the customs revenue of goods imported into the St. Lawrence, in your opinion, be better provided for than by the provisions which are contained in the Canada Trade Act? — 1 do not imagine that, under the presents 'rcumstances of the two provinces, any moi^e can be suggested more likely to accomplish this object than that which is prescribed under the provisions of that Act, r«j '/' V It ill in ijuvi ;iji< j ^it.) 1' )-j//i.'»ij iivuiin It'll;, /If,', ■X}'- Query 15. — Several witnesses have stated to the Committee that, in their opinion, a system of duty and drawback might be adopted, and that a system of warehousing, in Lower Canada, goods which should be ailerwards imported into Upper Canada and pay duty there might be adopted, and that either of them would be preferable to the course which has been enacted by law ; were those modes under the consideration of the Colonial Department at the time that that measure was decided upon ?-^A variety of suggestionsiwere made to the Colonial Department at that period^ and it was found then, as I believe it will be found now, that the Lower Canadians were disposed to think thai those facilit'.es might exist, and that the Upper Canadians were almost unaiii- mousiy of a contrary opinion. ■ n ^v r., . i Query 16. — Mr. EUice in his evidence alludes to certaiii ob- structions which prevented the provisions of the Act called the Catiada Tenures Act from being carried into effect, and he refers .■■•p-^™* "V*^ . ■^jr»^'TT-j»r*J, V' G6 to instructions which were sent to the local government lo carry into effect the provisions of the Act of 1822 ; can you inform the Committee of the nature of those instructions ?— Ths Executive Council considered the question only in the abstract, and simply with reference to an equitable valuation of the rights of thj Crown, which the seigneurs might wish to redeem ; but the great object of the clause was, not only to relieve the seigneurs from the feudal dues payable to the Crown, but abo to enable them to free their censitaires, or sub-tenants^ and thereby to introduce generally a system of tenure more favourable to agriculture and to the general improvement of the. province. Lord Dalhousie was therefore instructed to give every encouragement to the seigneurs to free those who hold under them, and to make it known that in the event of any seigneur distinctly engaging to free his censitaire on a principle of -equitable composition whenever any of them may demand it, the Crown will in that instance free the seigneur at the rate of live per cent., oc ii^ Qther wordst oneriwentieth instead ofone-fiflhofthevalue. ; >; 1 ^iC ir ^ . !; 1,;;' ,, Query 11. — The Committee have been informed that a la r^e portion ofthe land in Lower Canada has been granted in such large masses to persons who are not resident, and can hardly be found ; have the goodness to state what, in your opinion, would be the best mod'.' of removing the difficulties which now retard the cuUi- vation of those lands ? — I should be prepared to concur with Mr. EUice in opinion, that if a taxation of the waste lands could be carried into effect, it might he as convenient a mode of remedy- ing that defect as the remedy of escheats ; but, at the same time, I do not at all concur with Mr. Ellice in his opinion ofthe prac- tical difficulties of carrying a practical system of escheat into effect. It has been practically carried into effect in New Bruns- wick to the extent of a million of acres ; and I see no reason why, under proper regulations, it might not he equally carried into effect in Lower Canada. It would be necessary for this purpose that time should be given to enable parties to execute those stipu- lations of settlement duty, which hitherto they have omitted to execute ; as it would be unfair to visit upon them suddenly the consequences of that omission which has been tacitly submitted to by the Executive Government. There is one mode by which :: ! 67 this principle of ^hSftt may be carried into effect, which is, the forfeiting a certain portion of the land itself to the Governiiient as a penalty for non-improvement, such forfeiture to take place periodically until the whole would be forfeited, supposing the party not to carry the stipulated improvements into effect. In- structions were sent out from Lord Bathurst , of the date of 1826, for the purpose of forming a commission of escheat, and of considering the best practical remedy of applying the principle ; but nothing is more certain than that, unless some practical remedy be supplied, either of taxation or of escheat, the granted lands, which are now in a state of waste in Lower Canada, must effectually prevent all improvements upon an extended scale in that province. Query 18. — ^Would the operation of a tax on land remaining waste conflict in any way with the system of escheat that is directed to be carried into operation? — I should think the principle of escheat might be carried into effect by the Crown simultaneously with any tax which the Legislature might impose upon unculti- vated land. Lord Dalhonsie states, in a letter addressed to Lord Bathurst, of the 5th of April 1825, that with respect to escheat and forfeiture of grants of land for non-performance of conditions of set^ tlement stipulated in the letters patent, he has to observe, that of two and a half millions of acres granted in this manner in Lower Canada, not less than seven-eighths remain uncultivated, and therefore liable to resumption by the Crown. It is supposed that six millions of acres held under seigneural tenure are under similar predicament, but with respect to this desci ption of lands it is doubtful how far the Crown will have a right to resume them if the proposed conversion of tenure should take place to any extent. Lord Dalhousie adverts to the expediency as well as the right of recovering such immense tracts of land for the settlement of emi- grants. He adds, the obsolete course of proceeding which the ancient law of Canada points out for the resumption, both of soccage and seigneural lands, is so incumbered with difficulties/ and so inapplicable to the present state of the province, particu- larly with regard to grants in the townships, that it is next to impossible for the Crown to resume its just rights. In conse- quence of this suggestion of Lord Dalhousie^ that clause was ' . I m : «■•!■! i '^■^H '' 68 •introduced into the Canada Tenures Act which provides for the •'formationof courts of escheat. I'Hji'Uhii jwu^j i. .i^.i iu u ni '"^ Query 19.-^What steps have been taken by the Colonial Office "tfl( temedy this evil ?— In thcGth Geo. IV. c. 56, commonly called the Canada Tenures Act, the 10th clause provides, that courts of escheat shall be constituted in the province of Lower Canada to tfy forfeitures of uncultivated lands liable to escheat to the Crown. ' "In the year 1826, Lord Bathurst sent instructions to Lord Dal- housie to appoint one of the inferior judges to act as commis- sioner of the court of escheats under the clause of the Act of Parliament. Lord Dalhousie replied, that the judge had not time to execute the duties, and that some other person must be ap- ' pointed, upon which Mr. Huskisson wrote out instructions to him, authorizing him to appoint a person competent to perform the duty. It is to be recollected that no fund whatever exists, unless voted by Parliament, for carrying into effect this principle of esuheat. The difficulties attached to carrying into effect a satisfactory principle of escheat were considered so great, that when Colonel Cockburn was sent out inspector and commis- sioner, he received separate instructions to communicate with the governors of all our North American Colonies, and especially with Lord Dalhousie, for the purpose of reporting to.theGovern- ^' ment at home the best practical method of carrying the system of '^'escheat into effect at the earliest possible period. I beg to ex- press my opinion, that unless a system of escheat be carried com- '' 'jfi^letely into effect, there can be no possible improvement for those ' c»',^n4 09 Query 22. — ^The Committee were informed by Mr. Eiiice, that he had found great difficulty in effecting a commntationQf the tenure of his land from seigneury into free and common tioccage, under the provisions of the Act for that purpose ; will you state in what mode the difficulties may be removed ?-^The first arrait|>.e- ment that was made by Government, with respect to the change of the tenure from the feudal tenure to free and common soccage only, provided for the release of the immediate tenant under the Crown. The consequence was, that the purposes of that change of tenure were not carried into effect. The seigneur became released from his engagement to the Crown, but was not com- pellable to release his sub-tenant from similar engagements. The Canada Tenures Act provided, that in cases where the Crown thought fit to remit its rights to the seigneur for a consi- deration of five per cent, on the estimated value, that the seigneur on his part should be compelled by law to submit to arbitration as between himself and his sub-tenant, so that the sub-tenant could claim from him the same change which he had effected in his own case with the Crown. > :. // af!: •■,? r.' > !««..(.»:? «. i.<^f Query 23. — What are the difficulties which prevent that ar- rangement being carried into effect ?< — I consider the difficulties that interpose u\nm that point are the entire indisposition of the French population to avail themselves of this permission, and in point of fact it is a permission which is only available on the part of the English*;* \:> nf',m>i -.t »-.'.tl,M. i .il? ,uoif,!(j,i ^/ui ^-A-^-in But Mr. Ellice, who was very anxious to avail himself of it, found so many difficulties in his way, that he was obliged to give it up ; and one of the difficulties that he states is, the very large fine of one- fifth of the value demanded by the Crown; — The original claim of the Crown was one-fifth, but the Crown, in consi- deration of the advantage which was expected to accrue from a change of tenure, remitted that one-fifth or 20 per cent, for five per cent. Query 24. — Do you think it advisable, seeing the difficulties that still exists, tor the Crown to contract its demands still more?-— If the seigneur would contract his demands upon his sub-tenant at the same time that the Crown contract its demands with respect to himself, I might be disposed to answer that I think it would be very desirable ; but 1 do not understand upon what principle of F 2 I- 'V '■•I m 70 fairness it is, that while the Crown on the one hand is to release the seigneur, the seigneur is to maintain his full rights with respect to his sub-tenant. It was considered at the time, by all the information which could be obtained by Government, that a much greater sacrifice was made by the Crown to the seigneur than the seigneur made to his sub-tenant ; and it did not follow, that supposing the Crown had remitted altogether its demand, that that would have facilitated in any degree the conversion of the tenure on the part of the seigneur with respect to his sub-tenant. Query 25. — Do you think it advisable for the Crown still to contract its demands in order to facilitate the improvement of the colony by the change of tenure ? — If it were proved by presump* tive evidence that the ettect of a contraction of the demands of the Crown would be practically to effect the release of this sort of property, in that case I should say that it would be worth while for the Crown to make a sacrifice ; but it was considered that the arrangement was as fair and equitable, and aa likely to produce the effect, as any arrangement could be : it is impossible not to perceive that if this change of tenure were to take place extea7 sively in the seigneuries, and the consequence of it were to be to introduce the English law into those lands of which the tenure was commuted, it would produce a great deal of confusion in having property intermixed alternately as it were, and haviqg ,$k different law applied to it. ^- ,j* ?-,- rf rnrlMW fif» nn "'^ . .Query 26. —Do you think that any instructions could be given to make this change of tenure more practicable ?r-*I certainly am not aware that instructions could be given to make it more prac- ticable. Query 27. — Could the Act be so amended as to facilitate, the exchange ? — I have only to repeat, that I consider that the advanr* tage of this permission will only be taken by the English poB-« sessors of property within the seigneuries ; and I do not imagine> that any greater facilities can be given than what are now given under the instnictions, as combined with the provisions of the Act. Query. 2S. — Mr. Ellice mentioned that an English receiver is appointed for the province, insufficient security being taken in England; what regulations do you think may be applied ta remedy this for the future ? — The appointment of the receiver rests exclusively with the Treasury, and consequently I have no 71 : detailed knowledge upon the subject, which would enable me to give any specific suggestions upon it. At the same time, I would observe that, in my opinion, it is expedient that the most unqualified publicity should be given, both in the colonies and in the mother country, to all pecuniary accounts, appropriations, and matters of finance. If this principle be fairly acted upon, it will, in my judgment, efiectually prevent for the future all serious difficulty upon such subjects. Query 29. — Mr. Ellice stated that the Governor of Lower Canada has been instructed to remedy the difficulty arising from the Assembly not voting supplies by his own warrants on the re- ceiver, to whom the taxes are paid, under the provisions of the Canada Trade Act ; have you any information to give the Com- mittee upon that point? — ^The Governor did not receive instruc- tions to appropriate any duties received under the Canada Trade Act ; but under the emergency in which he has been not un- frequently placed, from the total cessation of all supplies, to carry on the government of the colony, he has drawn upon the unappro- priated revenue, and such a proceeding is necessarily to be justified only from the 'extreme difficulty and embarrassment of his situa- tion ; the discretion which he has been compelled to exercise on such occasions has received the sanction of the Secretaries of State. Query 30. — Will you huve the goodness to state to the Com- mittee, the circumstances chat attended the introduction of the Alien Bill ? — ^The object of the Upper Province, in desiring that the Alien Bill should be passed, was for the purpose of enabling aliens (in the strict sense of the term) to sit in the Legislature, aad of quieting titles; no person could be legally entitled to the pos- session of land who was not a natural born subject, or who had not taken the oath of anep;iance, and there were a great many persons who were not qualified under those restrictions. 8io-,fi> ; Query 31. — Are you aware what proportion of the population of Upper Canada were so situated ? A very considerable propor- tion of the population of Upper Canada were subject to this restriction ; and it was necessary to have an Act passed in this, country, in the first instance, to give effect to any local Act that might be passed in the province for remedying this inconvenience respecting elections. J/.' v.^ ;••:;.;.;« .!.k .w.-. ^.^•j..^\:.Xi. ^\i':.t I i 7S With respect td the provisions of the local Act, which the Ij'eutenant-Governor in Upper Canada was direcied to have in- troduced into the Assembly, its provisions were framed with the anxious desire to produce a measure of entire conciliation ; and with respect to the conduct of the Colonial Department, it is ne- cessary to mention that these instructions, which Lord Bathurst sent out to the colony for the passing of a local Bill, and which excited dissatisfaction, were regulations which had received the ■ approbation of a member of the Legislature, who was over in this ' country more or less in the character of an agent for the province, ' with respect to certain grievances complained of. When those ' objections which were unexpectedly found to exist in the Legis- lature were made known to the Colonial Department, Lord Oode- - rich sent out for instructions, upon which a bill was brought in, ■ which has finally settled the question. ^»^'^^" ^'''' ''«'' « '**'>^ r'^^df > Query 32. — Were there any essential differences between the bill ' as proposed by Lord Bathurst, and that which was proposed by ' Lord Goderich, and accepted in Canada ? — Undoubtedly ; the principal distinction was this, that by the bill suggested by Lord Bathurst, all parties, however long they might have been resident, were required to resort to the same means of establishing their titles as those who were comparatively late residents ; and the distinction taken by Lord Goderich was to put a limitation to the time for which this was necessary, and to consider possession prior to the year 1820 as itself constituting a title ; but I repeat that it was not expected that any reclamation would have been made by the province against the absence of such limitation, or against the appointment of a registry, which was also made a subject of complaint. Query 33. — Do not you consider the Colonial Office as re- sponsible for any line of policy long continued by any Governor . of a colony ? — Undoubtedly ; in cases which can I^e characterized as involving a line of policy." '"""""^''*'"^ ■♦"' ^'' V^f^t^m nvtmi) Query 34. — With a view to judge what measures should be adopted by the Government, is it not necessary that the Colonial Office should be well aware of everything which passes between the Assembly of the province and the Governor ? — It certainly is ; and for that purpose the Journals of the Asser^bly are transmitted, accompanied by such comments as the Governor may think right I u 73 to add ; but it does not follow that bills rejected by the Legislative Council should necessarily be made matter of observation,' ''' Query 3b. — Are the measures that have been talfen for disl'- posing of the crown reserves such as in your opinion are likely W^* effect the object that is desired? — I differ very much in opinlbH"' from Mr. Ellice with respect to the course that has been taken b;^ ''' the Government for disposing of the crown and clergy reserves to ' the Canada Company ; he states that *' an attempt was made by '^ the Government to dispose of all this property to the Can^d^^ Company, but the church, always careful of iheir interest, did hot approve of the price awarded by the commissioners, and Which was in fact greatly exceeding its present value, and that chance of re- moving part of that nuisance has passed away, and it is impos- sible to avoid observing on the vacillating policy of the Colonial Office, which did not insist upon the arrangement being carried through." The principle upon which thos^ lands lyere disposed of to the commissioners was a principle of general average, and the church, who were bound to consult their own legal rights, com- plained, as I consider justly, that whereas the clergy reserved were the more valuable lands, the average that was taken upbii - their lands necessarily gave per acre a less amount to them thaii they would have done if the clergy reserves had been taken spe- cially. Query 36. — Is there any reason to believe that the clergy re- serves are more valuable per acre than the crown reserves? — All the reports that have been made to the Colonial Department go to prove that the clergy reserves, which always have been liiost' carefully selected, are in fact more valuable than the crown lahd^.'' Query 37. — In the laying out of a township who has the se- lection of the clergy reserves? — ^The Governor and Council! ti is necessary to obser'e, that the seventh appropriated to the cletgy is appropriated by a statute ; the seventh appropriated to il^i'^ Crown is merely at tlie discretion of the Crown. ., ',' ' "'^ ^ " Query 38. — In your opinion will the steps thatbaVe been Stalcen^ to provide for the alienation of the clergy reserves be sufficient for that purpose ? — ^The Committee are aware that a bill has paSse^ enabling the Governor and Council in Upper Canada to sen 100,000 acres of clergy reserves every year, in my opinion that bin I' 't.ti J ■.,1: :; ■■"rv/H'.Hi'j'j fl'jfjriyd [>ytnc(|niu33« 74 is insufficient to effect the remedy which is so imperiously ehlled for, because I think it would l>e extremely expedient to allow portions of the clergy reserves to be sold for the purpose of giving value to the remainder for the purpose of making roads, and performing settlement duties, and preparing them for cultivation, and I am of opinion that if those duties were done, and the clergy reserves improved to a certain extent, there would be no difficulty in , leasing them on long leases, so as to make them productive at a much earlier period than might be expected. The proceeds of the sale of those reserves, as directed by statute, are to be impounded, and the rents and profits applied to such purposes as the Act of the 31st Geo. 3 directed, whatever those directions may be ; but I am alluding to an absolute alienation of part of those reserves,;) for the purpose of applying the money for which those reserves are sold towards the improvement of the remainder, thereby making that remainder |a^^ey^uabll^,^hau the wh|d was pripr -. to.such alienation., , .,,,,.,^ ^.■: ,-,<}>•; ■ -.U:-, ;:••; 'jufv/ '::- .-usiri^'»x^ Query 39. — Is there anything in the Act of 1791 that appears ., to contemplate the expenditure of a sum of money upon those' q reserves for the purpose of improving them? — ^There does not (j appear to be the slightest allusion to the necessity of capital being >; laid put upon them before they could be made productive. Jt i^ evident that the object of those who framed the Act of 1791, »« n well as the regulation respecting the crown reserves, was founded .% upon the expectation that civilization would surround thps^ waste ; lands, and give value to them in consequence of that circumstance^ ii whereas the actual effect has been, that the existence of those {li reserves has prevented that very civilization from taking place, i <, Query 40. — It appears that out of the crown lands granted to the v $ Canada Company, a reservation of 750/. a-year has been awarded .; for the Scotch Church, with what view was that award made? — Itu^ was considered highlyexpedient that the Scotch Church should have ;q a provision, and whatever might be the adjudication with respect u to the clergy reser\'es,it was quite evident that even if the principle ofuri dividing the profits of those reserves between the two churches had ' ■ been adopted, it would have yielded only 200/. per annum to the Scotch Church, which would be insufficient to meet the demands for their pastors, and consequently the Secretary of State recom- . ; w mended the appropriation of a part of the proceeds of the payments of the Canada Company to the payment of the Scotch clergy. '^"^ Query 41. — How long is that 750/. to be continued to thelPres- byterian Church ? — ^The 750/. is necessarily at pleasure ; but it is to continue as long as ;.>ie payments are made from the Canada Company, which involved a period of 15 years absolutely, and a probability of a much longer period. Mr. EUice observes, that ' ** the clergy reserves are either kept in a state of wilderness, no person being liable for road duties through them, and the indus- ' trious settler being exposed to all the inconvenience of large tracts of forest intervening between his settlement and a market, or persons have occupied the more improved and accessible parts of them without title." I am of opinion that much of this inconve- nience, if not all, would be removed by the principle of alienating a portion of the clergy reserves, for the purpose of applying the proceeds of them for the formation of roads ; and in the general' execution of what are called settlement duties ; and that the effect of this would be, not only to improve the general condition of the province, but to make, as I have already observed, the remaining part of those reserves immeasurably more valuable than they are in their present state. "" ■■"^[ -" "'"■ i----'-f-f^'- ■''■> "' "' '' ^:^i;s'^ Query 42. — ^What has been the method ofdispbsingdf ihe crowii ' reserves in all those districts ? — It is perhaps unnecessary to remark ^ that the Grown, having the undisputed appropriation of the six- ^' sevenths, after the substraction of one-seventh for the purposes of the clergy, there could be no motive in separating one*seventh'' from the remainder, except a motive founded upon the expectation ^' already adverted to, that some peculiar value was to attach to this ' reservation. In con^ equence of the settlement of the surrounding ,, country, ond the quantity of ungranted land in Upper Canada having bien so great, it has never been necessary for the pur- pose of satisfying the demands of settlers to appropriate those crown reserves; and therefore they have remained Upon the same principle as the clergy reserves, practical nuisances in t)iie province. Query 43. — Has the attention you have paid to this subject ledf you to doubt of the policy of providing for the religious wants of the community in such a country as Canada, by a permanent revenue \ o t ib ha ^0\ .' 76 derived from the appropriation of any portion of the soil ?— In answering that question, I would beg to draw a distinction be- tween glebe appropriated for the actual use of a clergyman and large masses of land set aside to provide a revenue for the church ; I think the first is in the highest degree expedient ; I think the other necessarily presents practical difficulties, which it would be very desirable to remove ; and it appears to me that the practical remedy in the present instance is to appropri'^e glebe land, when circumstances require it, for the use of clc. len of the Church of England; and with respect to the general revenues of the church, toappl_, the proceeds of the sale of those revenues as they are progressively released from mortmain. I would wish to ex- plain, that when I allude to appropriating glebe specifically to a clergyman of the Church of England, I do not mean necesnariiy out of any lands reserved by the Act of 1791, but out of lands at the disposal of the Crown, if such were more conveniently situated, which could be exchanged for lands so reserved. Query 44. — From the opportunities you have had of ascertaining ihe feelings and opinions of the people of Canada ou this subject, should you not be disposed to say that Government and the Legislature of England should be very cautious of doing any thing which could give rise to the slightest suspicion that there was any intention of establishing a dominant church in that country? — The Act of 31 Geo. 8, c. 31, clause 39, established the clergy reserves, that is, directed that one-seventh part of the grants of land should be allotted and appropriated for the support and maintenance of a Protestant clergy within the colonies ; and it is stated that this is done for the purpose of making the best arrangement, with a view to the due and sufficient support and maintenance of a Protestant clergy within the said provinces. The 37th clause enacts, " that all and every the rents, profits, or emoluments which may at any time arise from such laud so allotted and appropriated shall be applicable solely to the maintenance and support of a Protestant clergy, and to no other use and purpose." Up to this point therefore no reference is made to an endowed church ; but the 38th clause proceeds to enact, *' that it should be lawful for His Majesty, &c. &c. to constitute and direct within every township or parish which now is or hereafter may be TT r or^ formed, constituted or erected within either of the provinces of Lower or Upper Canada, one or more parsonage or rectory, or parsonages or rectories according to the establishment of the Church of England, and from time to time, by an instrument under the Great Seal of such province, to endow every such parsonage or rectory with so much or such part of the lands," &c. meaning the clergy reserves, as it mig;ht be judged to be expedient under the then existing circumstances of such township or parish then to appropriate. The next clanse attaches the same terms and conditions to those parsonages or rectories, and the same performance of duties, as are incident to a parsonage or rectory in England. The next clause places them under the jurisdiction of the bishop. The 41st clause gives a power, and a most im- portant one, to the local legislature, of varying or repealing several provisions there recited in any Act or Acts which, being passed by the two Assemblies, should receive the consent of the Crown. In answer therefore to the inquiry, whether I should not be disposed to recommend caution, lest any suspicion should arise that there was an intention of establishing a dominant church in that colony, I beg leave to be permitted to make the following observations : It is perfectly clear to me, that the framers of that Act entertained the erroneous impression that this system of reserved lands would, in a short time, comparatively speaking, produce a fund which might be generally applicable for the pur- poses of furnishing income to the clergy of the Establislied Church, whether of England or of Scotland, as I conceive the words ** Protestant Clergy" to refer to clergy of the two recog- nized establishments ; and it appears to me, from the construction of those clauses, that a special endowment of land, in cases where there was a demand, for the Church of England was provided for, whereas there was no such provision made for the Scotch Church ; I consequently consider that I am justified in inferring that the Church of England was intended to be so far a dominant church as to have the advantage of lands specifically appropriated for its maintenance, as contradistinguished from the Scotch Church, which wns to have such proportion of the profits, rents and emoluments of those reserves as, under the discretion of the Executive Government, it might be expedient to allot to them. i h T 78 But it appears to me quite conclusive, that there was no intention of necessarily establishing the Church of England as a dominant church, inasmuch as the 4ist clause gives a power to the local legislatures, with the consent of the Crown, of altering all the provisions which are contained in the 36th, 87th, S8th, 39th, and 40th clauses. Query a. — Would the measures you have suggested go to affect the appropriation of the clergy lands when they become improved, according to your plan ? — If the Committee will allow me to re- state my suggestion^ it is this: that for the purpose of relieving the province from the practical inconvenience of those |)ortions of reserves which impede the general cultivation and civilization of the province, I propose that part of them should be alienated for the purpose of making roads, in preparing them for cultivation, and for settlement. At present there is no power under any Act of effecting this purpose, inasmuch as the law only allows of their being sold, and the proceeds of such sale being impounded for future appropriation,, If those reserves were to be retained fur any very extended period, there can be no doubt that ultimately, after the lapse perhaps almost of centuries, they would acquire very great value; but if they ure sold at an early period, it appears to me that the money for which they may sell may legitimately be applied for the purposes contemplated under the Canada Act, namely, the support of a Protestant clerify, including under that term the clergy of the Established Church ; and I do not perceive what detriment can possibly accnie to the colony (provided those lands are progressively released from mortmain) in consequence of the in )rest of the money for which they may be sold being applied for that purpose. I should propose that all the better portion of the clergy reserves, which have already acquired a value from their proximity to cultivated lands, shoui I be first subjected to sale, and so on till the whole are disposed of. Me. Ellice states, in his evidence with regard to these reserves, that there is no hope of their being sold to the extent of 100,000 acres annually, or even of 25,000 acres being so sold. He adds, "They do nothing to encourage settlers ; they neither make roads, build mills, nor lay out one shilling of capital.*' Now I propose to remedy those defects, by allowing the absolute aliena- 79 tion of part of thoie rery reserves for the purpose of makrn)^ thoNe very improvements. Query 46. — What has been the object of limiting the quantity of cler^^y reserves that can be sold in one year ? — From the sup- position that there would be no deiiiand tor their sale beyond that amount, considering the quantity of land that the Canada Com- pany has to dinpose of, and the mass of land that is ungranted. Query 47.— Would not that state of things make the limitation unnecessary ?— -The reason is this : if it were not limited, 500,000 acres might be brought into the market and sold for nothing, and therefore it was to prevent the reserves being hastily and improvi- dently brought into the market that limitation was made ; but if there was any chance of effecting a sale of those reserves at an earlier period, I should consider the limitation as most impolitio. I Query 48. — ^The Committee have been informed that the esta« blishmentofthe University of Upper Canada, from the government of which all denominations of Protestants, except those that belong to the Church of England, have been excluded, has materially tended to increase the jealousy that already existed in Upper Canada with regard to the Church of England ; can you inform the Committee under what instructions that University was so founded? — I*, was founded by a charter under the Great Seal, and it relieved the students from an obligation to subscribe to the Thirty-nine Articles, which had been an obligation imposed by the constitution of the other North American provinces. Query 49. — In what way is it endowed ? — It is endowed with land, and an appropriation made to it from the proceeds of the Crown reserves sold to the Canada Company. j '.^jn-my'^^wyj lu Query 50.-~Has not the Council the appointment of the pro-* fessors? — Undoubtedly. Qu^ry 31. —Are not all the members of the Council required iti^ be members of the Church of England? — Yes. ' i^ • -i Query 52. — Have the Crown reserves been effectually disposed of, so as to prevent the inconvenience continuing which has arisen from them ? — All the Crown reserves in Upper Canada have been disposed of to the Canada Company, with the exception of those in new townships which have been laid out since the 1st of Marcb, 1824. >sU •,"«if.';):!d .'il ,r l-j'ihib it-Mi -iii-Min oJ ;iiu>{0'iq MM' 80 of!/j Query 53.— On what footing do they stand in Lower Canada ? — They still remain unsettled ; in fact, the quantity of land that is settled in so much less in the Lower than in the Upper Province, that there is a much smaller proportion of Crown reserves in the one than in the other. But nothing in my opinion can be more impolitic than to make any distinction in the six-sevenths that belong to the Crown. I consider the principle of reservation of a seventh for the Crown to be an erroneous one, as the first object should be the entire settlement of particular districts, rather than a partial and lyeneral settlement. Query .54. — Will you inform the Committee of the sums that have been paid by the Canada Company, and their appropriation ? — The sum which the Canada Land Company is actually bound to pay in sixteen years in annual instalments amounts to 301,367/. sterling. They are compelled to lay out on the improvement of a block of a million of acres, given in lieu of the clergy reserves, a sum amounting to 43,000Z. On the 1st of July, 1826, the first payment commenced of 20,000/. ; that payment exceeded some of the subsequent years, in order to cover the expenses of the arrange- ment. In 1827, 15,000/. ; in 1828, 15.000/. ; in 1829, 15,000/. ; in 1830, 16,000/.; in 1831, 17,000/.; in 1832, 18,000/. ; in 1933, 19,000/. ; in 1834, 20,000/. ; and 20,000/. every succeed- ing year to the end of the term, it being at the option of the Company to increase the annuity payment as it may seem fit, it be.iig provided, that in the last year the account shall be com- pletely settled, that is on the 1st of June, 1834. The appropria- '' tlon which the Secretary of State recommended to the Lords of the Treasury is as follows : first, the sum of 8500/. per annum for the civil establishment of Upper Canada, which till that year ''had formed an item in the estimate annually voted by Parlia- ^ ment; secondly, 1000/. as an annual grant towards the building of a college for the province; thirdly,- the sum of 400/. as an ' annual salary to the Roman Catholic Bishop resident in that ''colony ; fourthly, the sum of 750/. as an annual provision for the Roman Catholic Priests in that province ; fifthly, the sum of '^'750/. as an annual provision for the Presbyterian Ministers in "connexion with the Church of Scotland, having stated congrega- tions in the province; sixthly, the sum of 400/. as a pension to n» 81 Colonel Talbot, as a reward for the services of that officer, and the sacrifices he had made in settling the London and Western districts ; the sum of 2566/. as an annual compensation for the period of seven years to those officers of the land-granting depart- ment in Upper Canada, who by the adoption of the new regula- tions for granting lands are deprived of their eaioluments. The sum total of those appropriations amounts to 14,766/., which leaves an unappropriated balance of 733/. per annum. Query 55. — Mr. EUice has stated that there was no occasion for the Government applying this money to the payment of the civil list in Upper Canada, as the ordinary revenue received on the trade of Canada is perfectly adequate, or might be made perfectly adequate, to the discharge of the civil lists of both provinces ; do you concur in that opinion? — I am at a loss to understand upon what data Mr. Ellice gives that opinion. I believe nothing can exceed the economy with which the Legislature of Upper Canada dispenses the finances under their control ; and I know no fund from which the payment of the 8000/. annually voted by Parlia- ment could be forthcoming. u) ■•Ayi', i- , j'>: ni ..t ,, ',- .i Query 56. — How is the clergy corporation appointed ? — The clergy corporation was established at the recommendation of the Governor and Executive Council, and appointed by instructions sent out to the Governor of Canada to appoint a Committee of the clergy, of which the bishop should be at the head, for the purpose of considering the most productive mode of dealing with the lands set apart for the clergy, under the 31st of the King, such disposi- tion being necessarily limited to leasing, as there is no power of alienation under the Act. Query 57. — By what instrument has that corporation been ap- pointed ? — Siich an appointment would be made under the great seal of the province, under instructions from the Government at home. Query 58. — Is there a copy of that instrument in the Colonial Office? — I believe not, the instrument having been prepared in the colony. Query 59. — Is there in the Colonial Office any copy of the instructions which directed the Governor to issue such an in- strument? — There is. , .... Query 60. — You are aware that Mr. Ellice has stated his I n pipwnj^ 82 opinion that blame onght not to be imputed to any persons con- nected with the Executive Government in either province, but that the dissensions in Canada were the inevitable consequences of a determination on the part of the Government at home to per- severe in a wrong system ? — I find great difficulty in reconciling Mr. Ellice's evidence on this point. He states that the great ob- ject- of the Assembly of Lower Canada is to retain their separate institutions, their laws, their church, and their condition as dis- tinct from the people of America, and that though much may be done by mutual concession, all their objects can only be effected at the expense of the interests of the English population, and by the retardment of all improvement in the country. The Com- mittee are aware that this is precisely the language which is maintained in the petitions from the townships, which have been presented to Parliament, and especially in those which are laid before this Committee, from the townships to the Governor- General in the year subsequent to tlie proposition of the Union. Those petitions distinctly express the gratitude of the petitioners to the Legislative Council, for having resisted the attempt of the Assembly to prejudice the English population and to retard im- provement. Whereas the Legislative Council is complained of, on the part of the French Canadians, as being the main source of all the dissensions existing in the province. Mr. Neilson em- ploys these words : " The laws that are conceived by the people io be necessary for the common welfare are rejected by the Legis- lative Council, that being chiefly composed of persons who are dependent on the Executive Government of the province." The object of the opposition of the Legislative Council to the mea- sures of the Assembly, if Mr. Ellice's view of the purposes of that Assembly be correct, is to maintain the interest of the Eng- lish popul-ttion, and to prevent that retardation of the improve- ment Of the country which Mr. Ellice states the French Cana- dians to contemplate. I would wish to show that the opinion of the English population is such as I describe, by reference to the following paragraph, which appears in the petiti(m to the House of Commons from the townships: — " That while your petitioners waited patiently the effect of their repeated solicitations for re- dress of grievances, to be administered by the Provincial Legis- lature, the Legislative Council, in the session of the year 182.5, ^ 83 by recommendation of his Excellency the Governor-in-Chief, passed a bill of the most salutary description, introducing into those townships the English law of dower and conveyance, and making incumbrances special, establishing also public offices tlierein for the enregistration of all mutations of real property, and of all mortgages on the same ; that though this bill, care- fully abstaining from every unnecessary innovation, neither dis- turbed the routine nor touched the customs of the French Cana- dians in the seigneuries, the House of Assembly, evincing its characteristic disregard for the claims of your petitioners, neglected to proceed upon the same bill when sent down for concurrence," &c. And Mr. Robert Gillespie, one of the witnesses before this Committee, being asked in what manner the dissensions betwcp'o the different branches of the Legislature obstructed the operation of commerce and the improvement of the Canadas, answers in these words : *' By preventing the enactment of laws necessary for the security of trade, there is no such thing as knowing at present when real property is mortgaged or not;" and soon. On the other hand, Mr. Neilson states, " that no change which will be for the general good of the country will be resisted by the Assembly, for the Assembly are the true representatives of the peopl«f, and must do what will be for the good of the people ; if they do aot, they had better go home and mind their own busi- ness." Tme Committee cannot fail to observe that the question turns upon, whether the good of the people is to be promoted by approximating their institutions towards the Etiglish system, or by not only maintaining the French institutions in their present integrality, but by extending it over all that portion of the Lower Provitice which is inhabited by an English population. This is the real key to the dissensions which have existed in that pro- vince, and which I consider to have grown out of the short- sighted legislation of 1791 ; in proof of this I would remind the Committee that Mr.Viger adverts in his evidence to the improved condition of Lower Canada, which would have taken place if a proper system of conduct had been followed with regard to the Canadians. This question is then put to him : " When you say a proper system, do" you mean if the French system and the French law had not been obstructed in its operations?" He '-:l I: BJIilHiiWM IW ^ ' ^ ' M>Hi ' . ' " ' . i m i i. ' W 'g .^ i g^u i i^nnn i "i, ii n wip^pBwgjpwqy 84 answers: " So far as this, that they should have continued to let the French law prevail all over the country." In point of fact, nothing can be more discrepant than the views which are enter- tained by the agents for the French population of Lower Canada with respect to the functions and duties of this Legislative Coun- cil, which one party supposes to be the source, and the other the prevention of all mischief Mr. Neilson says, " that an indepen- dent Legislative Council would give to Canada something like a British Constitution, in that case there would be a body that would have a weight in the opinion of the country when the Governor and the Assembly were at variance, and on whichever side they declared they would incline the balance;" whereas Mr. Viger is asked, " Is it not the wish of the Canadians to change the structure of the Legislative Council, and to take measures for ensuring its formati' ^ in such a way as to make it likely that it would agree with the gislative Assembly ?" He answers, " I am sure we must wisti that the Legislative Council should be composed of men who would side with the mass of the people." Query 6L — Mr. Neilson states that in Nova Scotia, where things go on very well, the revenue depends upon an annual vote of the Legislature, so that not only the appropriation of the money, but the very collecting of the money is dependent upon an annual vote of the Legislature, and there the Government and the Assembly go on very well in concert ; can you inform the Com- mittee whether that is correctly stated? — Mr. Neilson totally omits to state that the civil list is voted by the British Parlia- ment, and that consequently the same cause of collision does not exist there which exists in Lower Canada. It is unnecessary for me to explain to the Committee that this is the case in all our North American provinces, with the exception of Upper Canada, the expenses of whose civil list however are defrayed from pro- ceeds of funds belonging to the Crown, and are not dependent on a vote of the local Legislature. Query 62. — You have heard much observation from the wit- nesses respecting the constitution of the Legislative Ccnmcil; have you any remarks to offer to the Committee on that subject ? — Here a^in ( would call the attention of the Committee to the different evidence which is received on such points ; Mr. M'Gillivray states. -*f**i»»r J.»-V*i?»v < ^ !: that those who are opposed to the measures of Government com- plain of the Legislative Council, who generally have sided with the Governor when there has been any question in difference be- tween them ; but he adds, " I have not heard of any complaint of the composition of the Council ; where there are parties, however, there will always be complaints." I have no he- sitation in expressing my concurrence in the abstract opinions respecting the composition of the Legislative Council which have transpired during this inquiry, but I doubt extremely whether, under the circumstances of Lower Canada, it is possible to bring this Legislative Council to that state of theoretical perfection which is looked for by some members uf the Committee ; at the same time, with respect to this Council, as well as to all other points where an improved system can be applied, it is necessarily the duty of Government so to apply it. Query 63.^ — You are aware that Mr. Neilson has given evidence respecting the dismissal of militia officers by Lord Dalhousie ; have you any information to give to the Committee on that point? — The following general orHers, which were issued at two different periods by Lord Dalhousie's directions, will explain the grounds which his Lordship assigned for the measure in question. The Committee will perceive, from the general tenor of those orders, that it was for conduct connected with their duty as milit a officers' that his Lordship was mainly induced to dismiss the individuals in question. "Office of the Adjutant-General of Quebec. — Quebec. ^2th of September 1827.— General Order of Militia. — His Excellency the Governor and Commander-in-Chief takes an^ early opportunity to express to '.he battalions of militia in Lower Canada his sentiments on certain recent proceedings which nearly concern their loyalty and honour. It is well known thut the laws' under which the militia force has been regulated for many years' have been enacted for short periods, and have been repeatedly renewed as a substitute for the permanent laws passed in 1787 and 1789. Those temporary Acts, however, not having been renewed in the last session of the Provincial Parliament, expired on the Ist of May ; and it was immediately notified to the militia- by His Excellency's directions, that under the existing circum- stances the old perma > '' <'2 ai (' ''Wn^^ '>.^hv»^ .n van^t^i rui e^^^-j^ Query 64. — Mr. Cuvillier in his evidence states, that Loru Dor- chester, in his Message to the Legislature in 1794, in the name of the King, gave the casual and territorial revenues to the province of Lower Canada, towards the support of its civil government ; hence, he says, the control which the Assembly has over those revenues. It is in consequence of this gift on the part of His Majesty to the province, for the public uses thereof, that the Legislature has a right to appropriate them. He is then asked, " In what form Was that gift made?" and he answers, " By message." Again he is asked. " Did that message of Lord Dorchester say that the King would appropriate those revenues for the use of the pro- vince, or that he made them over to the Legislature, to be appro- priated by them for the use of the province ?" he answers, " That he doBi I'.t recollect the precise words of the message, but that he does recollect that the casual and territorial revenue was given to the province in aid of its civil government." Can you supply the Committee with any decided information upon this point f — It appears in the Journcls of the House of Asseinbly of the 29th of April, 1794, that " a message from his Excellency the Governor, signed by his Excellency, was presented to Mr. Speaker, which message was read in English and repeated in French, all the members of the House being uncovered, and the same is as fol- m C3 '/ \ c- 1'. I i) h r, I' fir 88 loweth : — Dorchester, CSovernor. — Tbfi Governor hcs given di- . rections for laying l^efore the House of Assembly aa account of the provincial revenue of the Crown, from the commencement of the new constitution to the 10th of January, 1794 : first, the casual and territorial revenue, as established prior to the conquest, which His Majesty has been most graciously pleased to order to be applied towards defraying the civil expenses of the province." The Committee will not hesitate to admit that an expression, on the part of the Crown, that orders have been graciously given to apply the territorial revenue towards defraying the civil expenses of ^he province, cannot, in reason or in justice, be considered to be ^ gift jto the Legislature, by which the Legislature obtains the right of appropriation. I would beg leave to lay before the Committee, in illustration of this distinction between applying the local revenues at the discretion and under the sanction of Ilis Majesty's Government for the benefit of the Colonies, and the surrendering them to the colonies for their absolute appropriation, by the following letter, which was addressed by Lord Bathurst, as a circular letter to the colonies having local legislatures, on the 6th of October, 1825, and which appears to me to express most clearly the reasons why an annual vote of the Civil List is less "preferable to a more permanent arrangement. " Downing-street, 8th October, 1823. — Sir, — You are aware that in all discussions which of late years have taken place in Parliament on the subject of the Colonial Estimates, it has been objected that the North American colonies ought to take upon themselves those permanent and necessary expenses of their civil government which have hitherto been charged upon the revenues of this country. 1 have always felt unwilling to enter upon this subject until the period should arrive when, from the growing prosperity of those colonies, and from the condition which they had, in fact, attained with respect to their population and resources, I could press it with the conviction that the proposition was not only one which ought to be entertained by the Legislature, but one which would be met by a most anxious disposition to comply with the wishes of Go- vernment. I also deferred pressing this point until Parliament has actually removed those restrictions to which the commerce of the colonies had hitherto been subject ; because, though it might 89 nut have appeared unreasonable to have made the extension of a policy so liberal towards the colonists, in some measure dependent upon their assuming upon a just footing the charges of their oWn Government, yet I felt it a more pleasing course (and one which I trusted would be found not less effectual,) to rely rather upon the disposition of His Majesty's subjecti^ in the colonies to evince a just sense of these advantages after they should have been con- ferred upon the-n, than to have attempted to induce them to a compliance with the proposition by any promise of consequent concession and advantage. By the measures which Parliament has recently adopted the restrictions I have referred to are re- moved, and the colonies now enjoy, under the protection of His Majesty, the same freedom of trade with the parent state and with foreign countries as if they constituted, in fact, integral parts of the United Kingdoms. Such a state of things, it is confi- dently hoped, cannot fail to produce an increase of prosperity that will either enable the colonists to bear the charge of the Civil Government without necessity for imposing additional taxes, or will make the increased taxes, which it may be necessary for a time to provide, less burdensome than those which they are now obliged to sustain. I have had frequent occasion to regret the inconvenient consequences which have arisen in some of His Majesty's colonies, from the practice of providing by an annual vote for those charges of the Civil Government which are in their nature permanent, and which therefore ought not, consistently with those principles of the constitution common both to the United Kingdom and to the colonies, to be classed with those contingencies of the public service which, being necessarily fluctuating, may be fitly provided for as the occasion appears to demand. In point of fact, the necessity of an annual vote for the maintenance of a fixed and permanent establishment is only calculated to embarrass the public service, and to disturb the harmony which ought to exist among the different branches of the Legislature ; it even tends to impair that confidence between the Government and the inhabitants of a colony, which is equally necessary to the just support of the former and to the happiness and prosperity of the latter. In the practical execution of this proposition, it caimot fail to he satisfactory to the Legislature to H: : •^rmr^-r'tif '77" 90 observe, that it is nut intended that the provincial revenues should be charged with any excess beyond the long-established and ordinary charges, unless a further increase should by them be deemed expedient. The chains of which the present estimate consists being all strictly of a permanent description, I should propose that the Act, whicd will be necessary to make provision for their assumption by the colony, should continue in operation for the space of ten years. The cordial adoption of this propo- sition on the part of the Legislature cannot fail to draw still closer the ties which so happily .:..ibsist between the mother country and her dependencies, and to induce a favourable dispo- sition on her part to apply her capital for colonial purposes. And when it is considered how heavy an expenditure is neces- sarily incurred by Great Britain in the military defences of her colonies, it would seem unreasonable, under present circum- stances, to question the readiness of the latter to provide in a proper manner for the necessary charge of their civil government. You will explain in the fullest manner to the Legislature, in the course of the next session, the expectations of His Majesty's Government upon this subject, and you will at the same time inform them, that whatever funds may be raised or received within the province, such funds not being under the control of the Legislature, will be appropriated for the benefit of the pro- vince, at the discretion and under the sanction of His Majesty's Government." "^ ^ ....'. > ■ i li n- I iaataJtit io eioi^'iiiw. •itidi-'M;'? y^--}fL'ir'i •iJT— ■'^^■:i>u»yv;!'^ o^*.- ^^.i^ ,ru«a*'«'i»l ,..(, i'Si ')> i:i')ry,:j> .■ I.t "i- •? ii'i Ui;i. :;]••■' ^li f, ■ . 1 I 91 IJ "At'.'o. APPENDIX (C.) ^-■Hix'. bom.3i. I' ]n 'ii .juiiii" J (II.. '. EXTRACTS from the Evidence of Edward Ellice, Esq., before the Select Committee on the Civil Government of Canada. ^ .. ,.",.,. . .. , . .» . .,, ,,, Wkre not the boundaries of Upper and Lower Cauada settled in consequence ot the provisions of the Act of 1791 ? — ^Ihey were. In your opinion, has the boundary line between the two pro- vinces been drawn conveniently t.,i the tw(» provinces ; or is the division so ur ranged as to give r-'^ to very conflicting interests and separate reelings between tli. > ? — ^The division altogether was most untV unate, and has comp. of territory, that is very im- material, and I do not believe you could satsfy either party in the general questions now under discussion l'^ any alteration in that respect. In point of fact, has not a very strong collision of feeling, and a sense of difference erest arisen between the uihabitants of the two provinces?— -T'-.r greatest possible collision of interest has arisen on the subj ':;v ' 'f the revenue ; and unfortunately there is every reason to apprehend it is only now at its beginning. Will you be so good as to state the principal grounds of dif- ference that exist between the two provinces? — ^The principal ground is, the pretension set up by the French Legislature at Quebec to regulate the trade of the St. Lawrence, and to levy all duties upon the exportation or importation of commodities either going from or to every part of Cunada, without consulting the Upper Province on this point of deep and vital importance to its IMAGE EVALUATION TEST TARGET (MT-3) 1.0 l^|28 |2.5 — I^E I.I l*^ 11^ I - 1.25 III 1.4 5| 4 6" - ► Kiotographic Sdences Corporation 23 WBT MAIN STREET WEESTER,N.Y. 14S80 (716)872-4503 <^.^ :*' *, 92 inhabitants. This grievance will of course be more deeply felt as the hitherto rapid settlement of Upper Canada, encouraged by more liberal institutions, and ?. better state of law, pro- gressively advances. The French population of the Lower Pro- vince have not increased or improved their condition in any respect in proportion to that of the English population either in Upper or in Lower Canada, nor is there any reason to believe that their numbers or their interest in the country will in future increase in proportion to the increase that must take place in both colonies in British inhabitants and British capital. As the British interest increases in either province, a community of feeling will necessarily lead to their closer connection together ; and I am afraid, if even it was the determination of Parliament to maintain the ascendancy of one class of the population of Lower Canada, and their exclusive powe/s over the taxation and commerce of the country, the British inhabitants of both Pro- vinces would, at no distant time, look to some other means of relieving themselves from so intolerable a grievance. « * « If one rate of customs' duties must be collected in the revenue, and one mass of revenue is collected, and no fair or equitable division is made between the two provinces, does it not necessarily follow that there must be one expenditure ? — That I take to be one of the most difficult points of this case. Sup- posing any idea to be entertained of re-uniting those provinces, I have always thought the more prudent course to adopt, and one which the paramount object of preventing at first any colli- sion in the united Legislature on the heretofore separate interests of the parties would justify, would be to fix the present revenue, and apply such part of it, for a certain number of years, as would be necessary to defray the charges of the existing civil lists in 'both provinces. How could that object be effected ? — By adequate provisions in a bill for uniting the Legislatures, specifying in the schedule 'to the bill, in minute detail, the different charges to be defrayed, in such manner so that there should be no ground for suspicion that it was intended either to increase the charge or to give the i executive authority any discretion in the payments. I think this arrangement might not be objected to, on the ground I have 93 stated, for a limited period of from five to fifteen years. Any surplus of revenue, or monies raised for the improvement of the country, or for the increase of the establishments in proportion to the gradual increase of the population and the vpants of the ad- ministration, would be still und^r the control of the Legislature, ' and at the termination of the limited period the full power of regulating the taxation and expenditure would revert to them. Before that time, it is to be hoped, all raparate habits and in- terests might be nearly lo^t sight of, and the present collision of feelings and prejudices give way to % general desire to consult only the common good and the prosperity of the country in the united Legislature, '-"''^'i n-jiii tn i.>tii:<.^hifi?.?..i:y,n tiw-^rn\.n'^f Has the House of Assembly of Upper Canada ever expressed any wish for a union of the two provinces ? — I have not heard so, nor do T conceive the fact either way to be of much importance. The people and the Legislature are only desirous to participate in the exercise of the undoubted right of the whole people to raise the revenue and regulate the commerce of the country. In what way, in the case of the union, would you provide for the more general services, and the rest of the revenue remaining after the disposal of the civil list ? — I would leave it at the free disposal of the united Legislature. 1 am perfectly satisfied, a governor of conciliatory disposition, popular character, and good sound sense, acting upon instructions from this country, founded on liberal principles, would have no difficulty in balancing and conciliating the different parties in the Legislature, and procuring firom them ample means of improving the institutions, and pro- moting the general interests of both provinces. When the union of the two provinces was proposed in Parlia- ment, did not a feeling arise in Lower Canada extremely hostile to that measure? — An adverse feeling certainly was expressed by the French population in Lower Canada, but not to a greater degree than was anticipated. Was not one of the grounds upon which that fbeling was founded an apprehension, that under the circumstances of the Union the provision for the maintenance of the Roman Catholic clergy might be endangered? — ^There were several ill advised clauses in the Bill. It was suggested by the original proi^osers ; . f I'' *1iH V 94 of the measure that some clause should be inserted protectiufr the Catholic church and the rights of the clergy from all en- croachment by any Act of the new Legislature. This intention was not accomplished by the clause in the Act, which was con- strued by the clergy as direct hostility against their establish- ment. Nothing could have been so contrary to the feeling with which any mention of the Church was suggested, and it would be consistent equally with justice and policy to provide distinctly in any measure for uniting the Colonies, against all dangers the clergy may apprehend in this respect. Each of those provinces having now a representative assembly, would it in your opinion be possible or desirable to leave to those assemblies the regulation of such matters connected with each province as might be considered as local and particular, and to assemble a Congress, consisting of certain members of both bodies, to which might be given the charge of such concerns as should be general to the two provinces ; among which may be enumerated the collection of the revenue, great institutions for the purpose of defence, and the general application of the revenue, appointing to each of them a fixed civil list? — If it were possible to satisfy the parties by any arrangement more than by the whole measure of a union, I should be much inclined to sacrifice a great deal for that object. But a Congress would in fact be only a union with more complex machinery ; and I doubt whether the objection of one individual in Lower Canada to any measure of this description would be removed by it. The same difficulty would occur in apportioning the influence of the two parties in the Congress, as in a Legislature common tc both, and you must make some alteration in the constitution of the As- sembly of the Lower Province by the admission of representa- tives from the townships. The great desideratum is to infuse into the legislative body, under whatever regulations it may be placed, persons of liberal education, who may be able to counter- act the influence of narrow habits and old prejudices in retarding the prosperity of the country. Would not the same objection exist if a legislative union took place ; would not the effect necessarily be, upon similar prin- ciples, to extend the influence of the French Canadians to Upper 1^ I- 1- 1 95 Canada?— Certainly not, if you were to unite the two Legisla- latures, adding to them a fair proportion of representatives from the unrepresented townships in Lower Canada. • • • ♦ * What would be the effect of inchiding the Island of Montreal in Upper Canada ?— I do not think that any new division of the boundaries would improve the condition of Upper Canada, and the separation of Montreal from the Lower Province would pro- duce more dissatisfaction than a more efficient measure. • » « Can you state any other groun s of objection which have been urged to the union of the two provinces besides those which you have alluded to ?— I have heard of no other grounds ; but it is quite impossible there should not be a great difference of opinion on a subject affecting in so many ways the particular interests, both of individuals and parties. For instance, persons residing at Quebec, and at York in Upper Canada, may neither approve of the removal of the I«gislature to Montreal, supposing that to be the proper place, if a union should be decided upon. • * * nn i'.naauiilHi'-l J«')U; .•n>ivjv>i 'H'.J 1> ilu!J:j-tlI(>') r>ii,» .by;„-!:..;;j(i ■ Wrff JiU-— v.).-.;! I'vfh i.'yxx' ^^ uvjtii \o ii.caoi ,ij'iiiiii<)q-..j,tj jS.i^i^'r^i Xd im-ili 'jwm Hu^niif^nnrn; /oe yd .^o^'Mjq -nU vi-^iicci oJ •Hl'e^nii.! Jd;job I biH> ; yi-uvo mm xyiuifsuj :oi;n si) ■'' iK.ifijj i, iUu.> mo j'Uj* ifiiv- uJ abiiiiiil) vrm- ' ~ " ^> i»u-i{_.)'o'j;.ii VJiii.'iii-f? iflil,» hni. ,d'u'i n! (if.nhi!.''':. juM-siViii-'J (•• '.n'T^/, ,..-^.^l!:^n.'•j jfii ju ti^in^tji ■; A ;*ilJ io iii>ifiiu>.> rAjii m jiv>»Ji;i-jJlt. eunog t»ii'.f/ iJ:n--ii .\)fid .»/i.lijI';r^i'jl Oiij oJiii i; 96 ..«r.Ku..u: APPENDIX (D.) ,,,,.,,.,^ ^,, t^d iK^JC'tfici i,)-. i. . ill . .. ■• ■' ' '■■Ui-iimi ?; fb !'''^'9>i!-yrJV)" —————— ^ ".,,,, THE FRENCH CANADIANS;. ••......',;-5 hr-:--'-^ •ff>'' ?;;; To the Editor of the Morning Chronicle. ;,, ,, ^-^j. Sir, At this moment, when all British subjects, to whom our colonial prosperity^ or, indeed, the real welfare and genuine liberty, of their fellow-subjects in general, are objects of any value, must be watching with deep anxiety the result of the disastrous outr break which recently occurred in Lower Canada, a few observa- tions on the subject of that colony, from one who has had some< years' experience of it, may not be wholly without interest. Not that those observations will contain much, if any, of novelty. But it sometimes happens that truths, though " familiar as house- hold words" to those whose duties or interests bring them in constant contact with the subject of them, are forgotten or lost sight of by the generality, whose attention is distracted among a variety of objects, and is only casually called to the subject in question. And such must ever be more peculiarly the case with respect to any one of the numerous offsets from the parent stem of this vast empire. Let me guard myself, however, against being understood as upholding or defending, by anything I am about to say, any abuses really existing and requiring reform in the province. If it should be considered right, upon constitutional grounds and after mature consideration, that the Legislative Council should be elected, as well as the House of Assembly, by the people — if it should be decided that the judges and magistrates, and her Majesty's law officers ought to receive their nomination fiom the latter body instead of from the Queen — ^let these reformations, and . 97 all others which may legally and constitutionally be resolved upon, be carried into execution in r.oper time and proper manner; though I should scarcely suppose that, after these two measures had been carried, and I know that the last of them has long been the real object of the democratic party in Lower Canada, her Majesty would be advised to continue the erpensive establishments now existing on the banks of the St. Lawrence, for the very empty honour of still numbering Lower Canada, nominally, among her colonial possessions. But the point on which I wish your readers to satisfy themselves is, whether, supposing these changes in the f>onstitution to be called for ; admitting for the sake of argument, that a thousand abuses are still crying out fur reform — whether, I say, there be anything in tht actual condition of the Canadians, any suffering or privation on their part, resulting from such sup- posed maladministration as can afford the slightest shadow of justification of the means now attempted to be resorted to, for the alleged object of dbtaining redress. If, indeed,! were addressing these observations only to those who content thetnselves with reading the more moderate portions of the press, I should con- sider it a very unnecessary waste of time to combat the idea that open rebellion is, in the present instance, if ever, to be vindicated. But when one sees it boldly asserted, in speeches and in news- papers, French as well as English, that the Canadians are suffer- ing and writhing under the tyranny of their governors, to a degree that almost challenges a comparison with the Poles or the Trish, it becomes a natural and very necessary question what the real condition is, and what the feeKnga of this people, who are thus supposed to be ground and persecuted into rebellion. ' < ' *^ , Now, I believe it would be impossible to find any one single spot in any one quarter of the globe, the population of which is, on the one hand, in such perfect enjoyment of all that conduces to happiness and comfort, and, on the other hand, so exempt from all those restraints, vexations, and contributions which usually in societies form the price paid by the community for government and protection. The curse of taxation is there scarcely felt Liberty, whether as regards their religion, action, speech, or^ writing, is enjoyed as fully and amply as in our own Etagland!. Independence, as respecte prt^rty, Mists to such an extent, or. I 98 I ought rather to say, approaches so nearly to universal proprietor- ship, as would, I fear, excite no small feeling of envy among our less favoured peasantry, acquainted only with our more civilized and more unequal distribution of property. The word " labourer," in the European acceptation of the term, is almost without appli- cation in Lower Canada, unless, indeed, in the persons of some of the poorer emigrants of the mother country. The word ** paysan," again, appears to have been rejected, as if the usual acceptation of it in the old world had rendered it unworthy of a race of landowners ; and '* habitant*' is the word universally used to designate them, as if to point out the occupants, par excellence, of the country, as distinguished from those who dwell in the towns. By the operation of the law of inheritance, every French Canadian succeeds to his father's freehold, or to a portion of it ; and, unless he loses it by his own folly or misconduct, lives and dies on it. Accordingly each Canadian has his own house, warm, substantial, and commodious ; fuel for little more than his trouble of cutting it; his land and garden (in which the tobacco, free from duty or excise, makes a conspicuous and luxuriant appear- ance,) rarely failing to yield a good crop, in spite of bad farming, which is adhered to with all the obstinacy of independence ; cattle, according to the extent of his land and his own taste, with a certain market, easy of access for his surplus produce; and, with rarely an exception, one or more stout handsome little horses of the old Norman breed, with his two carriages, a cariole on sledges for winter, and ths old-fashioned calash for summer. And I wish that those who «ry out against tlie oppressed state and discontented spirits of the French Canadians could witness, as I have often done, the assemblage at one of the paroweSf or parish churches, on a Sunday. Scores, I believe I may say hun- dreds, of these carriages, waiting, without ccachmen or footmen, it is true, but in perfect security, till the service is over ; and then a pouring forth of cheerful and respectable-looking men, with their wives and children, all well and warmly clad, chiefly in clothes of their own manufacture, preparing to drive back to their respective homes ; but not till they have made their respectful and affectionate farewell to their cur($, and interchanged kindly expressions or looks with their neighbours. Follow the course of w vO the St Lawrence, from its ^If up to the confines of the upper province (for Lower Canada is in truth little more than a belt of vfttageR running along each bank of the river), and say whether this picture be partial or overdrawn. All those who know the country will pronounce it to be Universally and strictly true. And these are the men who, it is hoped— most erroneously I trust — will be persuaded to leave their comfortable homes, for the prospecf of falling, either in art unequal and unholy conflict with their fellow-citizens, or by the ruthless hand of a Canadian winter ! And for the redress, too, of grievances which, even supposing them to be anything but imaginary, are subjects of the most pro- found indifference to the French Canadians. I have often been amused at the difficulty experienced in warming them, ev^ii during the almost universal excitement of a general election, to anything like the fever heat required for common party purposes. A would-be popular leader may of course always find a few fol- lowers among his own friends and relations. But the mass of the population have always appeared to me to be deaf to the history of their own unfelt wrongs. They form an entertaing illustration of Mr. Canning's " weary knife-grinder ;'' and are equally proof against the patriotic auddisit^terested attempts of the transatlantic " Friends of Humanity," to persuade them th^t they ought to feel very miserable. The ** spiritless outcasts" are unreasonable enough to feel that their lot is a happy oae, and to he contented with it. So notorious indeed must be the happy state and happy disposition of the Canadians in genera!, that I never imagined M. Fapineau would, venture beyond a war against budgets and . salaries. The natural idea was that he was playing a game of brag, and trying how far he could go towards the attainment of his favourite object of paralyzing the government by dint of fac- tious opposition to all its measures in the House of Assembly, and of threats and intimidation out of it. Lat? e\ents, however, have shown that he had prescribed to himself no such limits; and the question now is, or in all probability is before this time de- cided, how far he may hope for support from his Canadian brethren in the field. My confident hope and expectation is that, though he seems to have succeeded in exciting a considerable number of infatuated or desperate persons to rebellion, he will H 100 look in vain for anything like genera! co-operaMon from the mass of the population. t^)i X'know it may be said that the stupid contentment of a people, and their blind indifference to oppression, can neither excuse the oommenoement of the wrong, nor justify the continuance of it- To that proposition I give my . cordial assent. Again I repeat, Jet all existing abuses and grievances be redressed. AH I wish „^> impress upon those who have patience to read this letter through io, that they must not mistake a few hundreds of desperate out- casts, headed by lawyers without clients, and doctors without patients, for "the people ofliower Canada;" nor must they implicitly believe in the existence of the grievances put forth by these desperadoes, even though supported by the confident state- ments of a small section of violert Radicals in London, or the spiteful but obviously ignorant generalities of some of the Parisian journals.,!, j,,^ uOiM.tmotvt yi/:?«v ^. , ,,( ^(i\„ .,d v.nif' .■.jia> ;uM7 ^jiJlutjfll.h f I am, Sir, ^^ ^^ ■'■'London. Dec«n6er26fl!.> \r,„: ' rnlioi ,.,iq«.J,.- . (Second Letter.)* ^'^ ,1.n...n, ' 5 To the Editor of ike Morning Chronicle. ^^^.^^^^ Sir," Jtiisi?. >rat ,ir in lunr, vlphtifnirr vrttn >jMfhr.-^ 't^ .(-si'M • huv ,ji In a letter which I addressed to you nearly six months since, when the public nund was full of anxiety and apprehension respecting the result of a mad attempt to overthrow the British supremacy in Canada, I ventured to express a pretty strong ;, opinion that the rebels would meet with but faint sympathy from the general mass of the population. The events which have since occurred go far, I think, to show that that opinion was not ^iil'founded. And the state of tranquillity to which both pro- ,^j*H ■ . : . I V*i< * Extracted from the Morning Chronicle of Saturday 23d of June, 183S. 101 vinces, it is* hoped, are now restored, leave her Majesty's Go- vernment to the equally important, and infinitely more arduous undertaking, of introducing those reforms and improvements, the want, or fancied want of which has been made the stalking horse of those whose object was confusion, not reform ; not improved government, but anarchy and plunder. i It is not my intention, at least at present, to enter intb a regular discussion of any one of the numerous objects of dispute or agitation at present existing. Indeed, I scarcely know one of them, whether relating to the two provinces connectedly, or to either of them individually, which is not of far too great im- portance to be treated of thus svimmarily. And the doubts so becomingly expressed by Lord Durham, as to the success of his undertaking, and the difference of opinion existing in the Imperial Legislature as to the best mode by which the Governor-General may be able to obtain the necessary information on these various topics, are sufficiently indicative of the difficulties with which the path to any adjustment which shall be satisfactory to all parties is strewn. My object in now addressing you is merely to point out to those on whom the heavy and awful responsibility must devolve of ultimately deciding on the measures to be finally carried, the danger of adopting any general system, whether relating to legislative, judicial, or financial subjects, or indeed to any other matter, without not only being satisfied that such system is applicable in point of principle, but also well and maturely examining whether its details are well adapted to the new sphere into which it is. proposed to introduce it. Such a caution may probably appear at first sight wholly superfluous ; nor indeed should I now presume to offer it, did not past experience justify and imperatively call for it — experi- ence, too, derived from those very acts of the British Parliament which conferred upon the Cauadas some of those institutions of the mother country most valued for the elements of liberty and good government contained in them, and most strongly, there- fore, evincing the maternal anxiety of Great Britain that her newly-acquired colonies might, in every constitutional way, be gainers by the transfer of their allegiance. And I cannot help observing, while adverting to this epoch of the history of Lower I ! 102 •Ji1i Canada, nn the barefaced injustice with which a portion of the French, press reproaches us with tyranny and oppression towards that Colony. Surely it is a suflicient answer to such calumnies from that quarter to ask, and it is a question which I am sur- prised has never occurred to these flippant writers-^what would be the present oituation of Lower Canada, as regards free and liberal institutions, if she had continued under French rule ? How many stepa would she have advanced towards the attain- ment of that high degree of civil liberty, from the exercise or raliier abuse of which have sprung the very disorders over which the section of the press alluded to so ungenerously exults P Would she not rather, judging from the other French colonies, be as nearly as possible in tbc.sqiiie statQ in whi«h we fjutuod hst at the cession of Quebec ? 'r'f^* -■'•-'r;.? >o 'r...oH <*f<- '^-t.; nvoi''/- But to retura to the more immediate object of this letter. Proud as we justly are of our institutions, which, with all their imperfections, I am old fashioaed enough to consider better adapted than any others &t our home use, we still are somcThat too apt to suppose that they must be equally well contrived for other communities, no matter what tbeir habits, religion, colour^, or climate, or what the nature of the laws by whicb they may have hitherto been governed. It seems to have betn conudered* sufiicient thai the abstract principle was unobjectionable, without its being judged necessary, to inquire how the practical details of the system might work. Of this fondness for the adaptation of. the machinery, without sufficiently considering the fitness of the materials to compose it, or of the subject matter on which it< is to act, a striking exemplification presents itself in one of the principal causes of the late unhs^py difierences. The nicely«: 8' usted balance of King, Lords, and Commons, so beautiful in-, theoryv so eflUcient in practice (though, by the way, the practice is in truth anything but a faithful reflection of the theory), oould' not but succeed, it was thought, when represented on the minia« ' ture stage of the Colonies, into, most of which, accordingly it has been introducedi But in the ardour of admiration of iit& prototype, the total absence in the copies of materials to tcrrn the seeoitd. or intermediate body between the Grown and t!*.e people > {I am epeaking more especially of Lowerf Canada, but; 103 the defect must necessarily exist, more or leu, in all the Colonies in which "the oonstitution" has been introduced), was over* looked, or at least insufficiently provided for. And accordingly the Legislative Council, the Colonial House of Lords^ consists of members, not merely nominated by the Crown, and poHsessing, therefore, no hereditary or independent claim to sit as legislators, nor^ generally speaking, any landed or permanent interest in the Colony, but, for the roost part, holding office under governnienL It is useless and impossible to deny that this fcrms a most material and almost fatal variance between the original and the copy. It, in truth, renders the Legislative Council little more than a second edition of the Executive Council ; in other words, the executive government and' the Legislative Council, the Crown and the House of Lords, that is to say, are nearly iden- tical. But would the other horn of the dilemma, on which the ultra-popular party are desirous of fixing the government^ make the matter better ? " Make the Legislative Council elective," say that party. But every one who knows anything of Lower Canada, and of the division of property which exista there, would agree that no increase of qualificaUon, or of the elective franchise, which could be adopted, would render an elected Legislative Council anything more, in reality, than a counterpart of the House of Assembly. And if this latter body be, as it has proved itself to be, more than a match for the Government and Legis- lative Council united, what chance would the Government have against the two popular bodies, identical as they would then be in origin, principles^ and interest? It would be far honester,' and equally beneficial, to abolish the Legii^ative Council altO' gather, and let the Government act, if it could, with the House.' of Assembly alone. Thi:: difficulty, arising as it did and does out of the different ' orgbnization of society in the Colonies, compared with that of the mother country, , could not, perhaps^ have been prevented or^ remedied consistently with the determination of adhering to the model of the Bri' ish Constitution. But I will now call the atten-' tion of your re.-^ders, if, indeed, I have not already exhausted^ > their patience, to another instance of root and branch trans^ plantation, where the simple process of a little previous pruning . k 104 would have rendered the tree much fitter for the new soit iu which it was intended to flourish. By statute 14th George III., ch. 83, commonly called the Quebec Act, it is enacted, that " the criminal law of England shall be administered and observed as law in the' province of Quebec, as well in the description and quality of the offence as in the method of prosecution and trial, and the punishment and forfeiture thereby inflicted ; to the ex- clusion of every other rule, of criminal law or mode of proceeding thereon, which prevailed in the province before 1764." And the same system was continued to Upper and Lower Canada by 31 Geo. III., c. 33, when the province of Quebec was divided into those two provinces. Now, that the introduction of the English criminal code and mode of procedure was, generally speaking, a real inestimable benefit to the French Canadians will scarcely be disputed by any one who values the trial by jury, or who considers our humane .^and temperate rules of evidence pre- ferable to the entrapping and self-criminating mode of inquiry (I speak doubtfully as to the use of the rack), which was tolerated by the French law much later than 1760. And yet, with all my partiality for these admirable institutions, I doubt whether even in theni improvements might not have been made, so as to have rendered them better adapted to the new scene of their exercise. I incline to think, for instance, that instead of insisting in criminal trials on absolute unanimity in the verdict of the jury, a majority — not a bare casting vote, but of not less than nine to three — would have been more suited to the materials of which juries are commonly composed in Lower Canada, by making allowance for one or two wrong-headed persons. With regard to ex-officio informations by the Crown officers, again, though I sincerely believe that this power, extensive and arbitrary as it is, has never been abused in that province, and though I feel morally certain that the late exercise of it by the Attorney- General, from my knowledge of that v uHeman's character, was sound in point of judgment, as well as h yuest in intention, still I am by no means prepared to say, considering the necessary irresponsibility of the officers of government to the local legis- lature, that this power ought not to have been at least put under certain restrictions. • 'm ^ '■f" a?^f; 105 But it is in the body of the laws themseWes, fttill more than in the mode of administering them, that I think alterations and modifications should have been made before they were thus sweeping^Iy introduced. The great improvements which the last few years have brought about, in tempering the sanguinary severity of the law of England, form the best proof that, in the opinion of the public, that law was in many instances needlessly and therefore perniciously harsh, even in the highly luxurious and vicious state of society for which it was originally framed. How infinitely worse adapted, then, must it be considered for the mere prevention of crime among a people of such comparatively simple habits as the Lower Canadians. It may be said that it was open to tHe Colonial Legislature to temper the undue se- verity of the English enactments by its own local provisions : and this is true i but this power was certainly exercised but in few instances, at least up to the year 1822; and I recollect myself an instance of a man being hanged for horse-stealing somewhere about the year 1820. Now neither of the usual reasons for visiting this offence, or that of cattle stealing, with the extreme penalty — neither facility of perpetration, difficulty of detection, or a highly improved state of rural economy, requiring special protection — existed in Lower Canada. It would be unnecessary, though not difficult, to multiply instances in which institutions, highly salutary in their general ohjects, have been productive of partial evil through the inap- plicability of some of their details to the state of these Colonies. But k might be far from useless to consider this subject, with reference to the all-important point of the union of the two Cansdas, more especially as regards fiscal regulations. A law respecting the revenue, or the mode of its collection, is introduced from the mother country, perhaps by mere implication, as part of an entire system, and takes effect in both Colonies. 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