^J^^.5. 
 O.^^^^ 
 
 
 V.x>-^ 
 
 '^*-* 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 /. 
 
 
 1.0 
 
 1.1 
 
 2.0 
 
 HI I 
 
 in 
 
 IM 
 
 U£ 
 
 
 ||l-25 114. 11.6 
 
 
 ^ 
 
 6" 
 
 ► 
 
 ^ 
 
 
 ^ 
 
 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WIST MAIN STRUT 
 
 WEBSTIR.N.Y. MS80 
 
 (716) •72-4503 
 
CIHM/ICMH 
 
 Microfiche 
 
 Series. 
 
 CIHIVI/ICIVIH 
 Collection de 
 microfiches. 
 
 Canadian Institute for Historical IMicroreproductions / Institut Canadian de microreproductions historiques 
 
Technical and Bibliographic Notas/Notas tachniquaa at bibliographiquas 
 
 Tha Instituta has attamptad to obtain tha bast 
 original copy availabia for filming Faaturas of this 
 copy which may ba bibliographically uniqua, 
 which may altar any of tha imagas in tha 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 □ Coloured covers/ 
 Couverture de couleur 
 
 I I Covers damaged/ 
 
 D 
 D 
 D 
 D 
 D 
 D 
 D 
 
 D 
 
 Couverture endommagte 
 
 Covers restored and/or laminated/ 
 Couverture restaur^ et/ou pellicuMe 
 
 Cover title missing/ 
 
 Le titre de couverture manque 
 
 Coloured maps/ 
 
 Cartas g6ographiques en couleur 
 
 Coloured inic (i.e. other than blue or black)/ 
 Encra da couleur (i.e. autre que bleue ou noire) 
 
 Coloured plates and/or illustrations/ 
 Planches et/ou illustrations an couleur 
 
 Bound with other material/ 
 Relit avac d'autres documents 
 
 Tight binding may cause shadows or distortion 
 along interior margin/ 
 
 La re liura serrie peut causer de i'ombre ou de la 
 distortion le long de la marge intirieure 
 
 Blank leaves added during restoration may 
 appear within the text. Whenever possible, these 
 have been omitted from filming/ 
 11 se peut que certaines pages blanches ajouttas 
 lors d'une restauration apparaissent dans le texte. 
 mais. iorsque cela 6tait possible, ces pages n'ont 
 pas 6X6 filmtes. 
 
 L'institut a microfilm* la meilleur exemplaira 
 qu'il lui a it* possible de se procurer. Les ddtaiis 
 de cet exemplaira qui sont paut-Atre uniques du 
 point de vue bibliographique. qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger una 
 modification dans la mithoda normale de fiimage 
 sont indiqute ci-dessous. 
 
 I I Coloured pages/ 
 
 Pages de couleur 
 
 Pages damaged/ 
 Pages endommagtas 
 
 T» 
 to 
 
 D 
 
 n 
 
 
 Pages restored and/or laminated/ 
 Pages restauries et/ou pailiculAas 
 
 Pages discoloured, stained or foxed/ 
 Pages dAcolortes, tachattes ou piqu^es 
 
 Pages detached/ 
 Pages ditachies 
 
 Showthrough/ 
 Transparence 
 
 Tl 
 po 
 of 
 fit 
 
 Oi 
 ba 
 th 
 •U 
 ot 
 fir 
 si( 
 or 
 
 F~| Quality of print varies/ 
 
 Quality inigala de I'impression 
 
 Includes supplementary material/ 
 Comprend du mat6riai supplimentaire 
 
 D 
 D 
 
 Only edition available/ 
 Seule Edition disponible 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc., have bean rafilmed to 
 ensure the best possible image/ 
 Les pages totalement ou partiellement 
 obscurcies par un feuiilet d'errata, une pelure, 
 etc., ont 6t^ filmies 6 nouveau da fapon A 
 obtanir la meilleure image possible. 
 
 Th 
 sh 
 Til 
 w» 
 
 Ml 
 dif 
 em 
 bei 
 rig 
 rei; 
 ms 
 
 [Zl 
 
 Additional comments:/ 
 Commentairas suppiimantaires; 
 
 Docket title page It bound in at last page in book but filmed as first page on fiche. 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est film* au taux da reduction indiquA ci-dessous. 
 
 10X 
 
 
 
 
 14X 
 
 
 
 
 18X 
 
 
 
 
 22X 
 
 
 
 
 26X 
 
 
 
 
 30X 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 n/ 
 
 
 
 
 [ 
 
 1 
 
 
 
 12X 
 
 
 
 
 16X 
 
 
 
 
 20X 
 
 
 
 
 a4x 
 
 
 
 
 28X 
 
 
 
 
 32X 
 
 
The copy fllmad hero has bMn reproduced thanks 
 to the generosity of: 
 
 Library of the Public 
 Archives of Canada 
 
 The images appearing here are the best quality 
 possible considering the condition and legibility 
 of the original copy and in keeping with the 
 filming contract specifications. 
 
 Original copies in printed paper covers are filmed 
 beginning with the front cover and ending on 
 the last page with a printed or illustrated impres- 
 sion, or the back cover when appropriate. All 
 other original copies ere filmed beginning on the 
 first page with a printed or Illustrated Impres- 
 sion, and ending on the last page with a printed 
 or illustrated Impression. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol —^ (meaning "CON- 
 TINUED"), or the symbol V (meaning "END"), 
 whichever applies. 
 
 IMaps, plates, charts, etc., may be filmed at 
 different reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames as 
 required. The following diagrams illustrate the 
 method: 
 
 L'exemplaire f limi f ut reproduit grAce A ia 
 gAnArositA de: 
 
 La bibliothAque des Archives 
 publiques du Canada 
 
 Les Images suivantes ont AtA reproduites avec le 
 plus grand soin, compte tenu de la condition et 
 de la nettetA de l'exemplaire fllmA, et en 
 conformitA avec les conditions du contrat de 
 filmage. 
 
 Les exemplalres orlginaux dont la couverture en 
 papier est ImprimAe sont filmAs en commen^ant 
 par le premier plat et en terminant soit par la 
 dernlAre page qui comporte une empreinte 
 d'impression ou d'illustratlon, soit par le second 
 plet, selon le cas. Tous les autres exemplalres 
 orlginaux sont filmAs en commenpant par la 
 premlAre page qui comporte une empreinte 
 d'impression ou d'illustratlon et en terminant par 
 la dernlAre page qui comporte une telle 
 empreinte. 
 
 Un des symboles suivants apparaftra sur la 
 dernlAre Image de cheque microfiche, selon le 
 cas: le symbols -^> signifie "A SUIVRE", le 
 symbols ▼ signifie "FIN". 
 
 Les cartes, planches, tableaux, etc., peuvent Atre 
 filmAs A des taux de rAduction diff Arents. 
 Lorsque le document est trop grand pour Atre 
 reproduit en un seul clichA, 11 est fllmA A partir 
 de I'angle supArieur gauche, de gauche A droite. 
 et de haut en bas, en prenant le nombre 
 d'Images nAcessalre. Les diagrammes suivants 
 illustrent la mAthode. 
 
 1 2 3 
 
 1 
 
 * 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
# 
 
 m. 
 
 2 
 
 !?; 
 
 o 
 
 MM 
 
 < 
 
 H 
 
 a 
 
 a 
 
 u 
 h 
 
 < 
 
 K 
 
 s 
 o 
 
 
 « 
 
 s 
 
 
 ^«: 
 
 s 
 
 c 
 
 G 
 O 
 
 4 
 
 I 
 
 s 
 
 ■SI 
 
 S " 
 
 li 
 
 
 "'3^4 
 
1 1 
 

 .J r , 
 
 } . 
 
 M. , 
 
 ■< ■.*'.■ 
 
 I. . 
 
 J'*'f,< 
 
 \ '- 
 
 Sir, 
 
 (COPY.) 
 London, Mat 16th, 1822. 
 
 I have (he honor to report to yoii, 
 for the information of His ICxceileiicy the Lieu- 
 tenant Governor, that having arrived in London 
 on Saturday the 2'2d March, 1 delivered at (he 
 Colonial Uflice on Monday the 24th March the 
 letters and diiipatches with which I was charged, 
 and wrote to Earl Bathurst the letter manced 
 
 !'A.) Mr. Wilmot, the Under Secretary of State 
 or the Colonies wrote immediately to request 
 that I would call upon him the next day, which 
 1 did, and p^arl Bathurst apftointed Wednesday 
 the 28th March for receiving the Address niid 
 Repor( of (he Legislative Coui.cil and Assem- 
 biy. I accordingly presented them on (ha( day 
 to his Lordshiji. 
 
 From tha( (ime I had rppeated interviews 
 with Mr. Wilmot, and on the 4th April addressed 
 to him the letter marked (B,) and was requested 
 to attend tlic next day a( (he Colonial OUice, in 
 company with Mr. Caldwell, (he Receiver Ge- 
 nerul of Lower Canada, and a Memher of (he 
 Legislative Council tlicre, and with Mr. Mar- 
 shtill. (he Solicitor Gcnernl of that Piovince, 
 mid I w.'is desired to prepare the honds of a 
 Bill, HMch as I conreived would provide fairly 
 for ivljiisiiitg the ditlereiices hetween the two 
 Provinces, jiiul submit it to those Gentlemen, 
 (hit they rnivJit. on the part of Lower Canada, 
 make puc'i olijections or remarks in writing as 
 they niig'it tiiiiik proper. The late peri<«l of 
 the Session of Parliament njade it desirable 
 (hat no time should I'C lost, and on the 7tlt 
 April I delivered to Mr. Caldwell and Mr. Mar- 
 shall the paper marked (C.) 
 
 Their remarkQ were submitted to my perusal, 
 but no copy has been communicated ta me. 
 They did not indeed offer any material objec- 
 tion to the substantial provisions of the Bill I 
 had proposed. Not long after, Mr. ('aldwell 
 shewed me the Resolutions whicli were passed 
 in the Assetnbly o( Lower Canada, at the close 
 of their last Session, respecting the claims of 
 Upper Canada, and which His Kxcellency has 
 no doubt seen. In reply to the statements and 
 positions advanced in these Resolutions, and 
 also tn the remarks made by Mr. Caldwell and 
 Mr. .Marshall. I addressed to Mr. Wilmot the 
 ^tter marked (D.) 
 
 At the desire of Earl Bathurst, I also had 
 fifty copies of the Report of the Legislature of 
 Upper Canada with the Appendix printed, and 
 placed them at his Lordship's disposal. 
 
 Having at the request of Earl Bathui^t, and 
 of Mr. Wilmo(, been r»re8en( a( several con- 
 ferences a( (he Colonial Office, in which the 
 Union of (he (wo Provinces, or ra(her of (heir 
 Legislatures, was proposed and discussed, I 
 communicated freely my opinions npon the 
 probable consequences of such a measure, and 
 gave information upon (he several poin(s (O 
 which I was in(erroga(ed. 
 
 Tha( I migh( not be misunderstood I ad- 
 dressed a letter to Mr. Wilmot, (E.) communi- 
 cating a statement of my sentiments upon the 
 Contemplated Union of the Legislatures, (or the 
 consideration of Earl Bathurst, with whom I 
 had soon afterwards a personal interview on 
 (he subject, and His Majesty's Government 
 having, after the fullest consideration, <leter- 
 niined to propose to Parliament a Bill forgiving 
 a j'lint Legislature to the Canadas, I iound I 
 could not render a more effectual service (o 
 Upper Canada, after a determination had been 
 come to upon this important measure, which I 
 was neither instructed to solicit nor to oppose, 
 than by using my best endeavors that the Union 
 should be effected in such a manner as would 
 most surely guard the interests of Upper Cana- 
 da, and be moot likely to promote its future 
 welfare. 
 
 The Bill which has been prepared for thai. 
 
 rnrpose is now iniiirr the consideration of the 
 .aw Ollicers of tlie Crown, and notice of it will 
 be given in Parliament immediately. I wilt 
 send it to yon as soon as it is printed, and 
 would transmit amanuscript copy now,butthatit 
 is uncertain of course, unlil the Law Ollicers 
 have made tlieir Report, whether it will be 
 brought in in its present shape. I send yon 
 (he heads shortly extrac(ed, and I have reasou 
 (o believe (hat the Bill will be passed during 
 (his Session, very nearly m its presen( fonr, 
 as from various considerations uncormected witii 
 (he financial questions between the two Pro- 
 vinces, (he expediency of giving them a:\ 
 United Legislature seems so stronsi,ly impressed 
 on the minds of all persons here, and His Ma- 
 jesty's Government, in particular, appears to 
 consider it so desirable for many reasons, that 
 1 have little doubt an Union would have bcca 
 
2 
 
 kt all «ven(s proposnd ilnriiig tlio pr«»8ent ?«p4- 
 ■ion of I'lirliainciit, tiiitl I oikiuiot but coii»iiloi- 
 myitplt' lortuiiate to liavr lind it in iity power at 
 BO critical n inotncnt to allord oiu'lt iriroi'in:itioii, 
 nnd intcrrede for such ppovis»ion« on the pntt 
 of '> ppor Canada, nt) I liopi! will l»t pl spciin* IIh 
 in'.rrrsts, and promotn its pri)Hperlly under the 
 {{reat cbangtj contcniplatrcl. 
 
 I have the honor to be, 
 Sir, 
 Your inosl obedient, 
 Ilundibf Servant, 
 
 John 13. Houi.nsov. 
 To Major ITn.i.ir.R, 
 Secretary to His Kxcelleiiey Sir P. Maitland, 
 K. C. li. \A. Governor 6ic. &c. kv. 
 
 COPY (A.) 
 
 6G Gower Street, Bedford Square. 
 March •24th, I »^.'. 
 Mr Lono, 
 
 I have the honor to acquaint your 
 Tiordship. that having be<'ii eomiaiHsionod by 
 Hill KxceHency tlie L'eutonant Ciovernor of 
 Upper Canada to present to His Majesty n joint 
 Ad<lrcss of the Legisbitive Coinicil an<f House 
 of Assembly of that Proviiure, upon the Bnl)jett 
 of its linaiicial relations with i.oM'rr Canada, 1 
 phall be happy to have tlic lionor of wailini; 
 n >an your Lordship with tlie same, at any tiuiu 
 your Lordship may think proper to appoint. 
 
 I had also committed to my charffc several 
 di.spatches and lollor^ of Sir ririRiiiie Mait- 
 Jand to your F^urdi^hip, >vlii(li ti)m'(iit*i' with tlio 
 Molls of the last Ses-ini nf tit- l,('|i>i-l;Uure of 
 Upper Canada, I have ieit al \(nu Lovdsliip'd 
 Oflicc, 
 
 I have the lioimr to be, 
 My Lord, 
 
 ^ Diir l.ord>Iii|>'^ 
 Modt oi)edi("il liiuiil.'ic Servant, 
 
 Jull'. 1-'. UtiBI.NSON. 
 
 To the Rt. Honorablo 
 Tlic Karl B\ i iitasr, 
 iic. Sit:. \c. 
 
 COPV (I!.) 
 
 London, .1<1 Tlouer Ptreef, 
 April (111, UIJZ 
 
 Sir, 
 
 In tlie difTJ'rrnt intervirwrt with 
 ^hich you have »«» obligingly Iionorod nic, tin: 
 contemplated provision for rejjniiiliiit; gem-ridiy 
 <he commerce of llio Canadas have <:onic alone 
 into discussion. Those are of a nature flceply 
 intcrestinjEito both I'rovinces, and the principle! 
 on which they are fountled clearly manil'est tiie 
 most indulgent and liberal spirit on the part of 
 His Majesty's Government towards the Colo- 
 nists. No duly can be more pleasing to me as 
 an inhabitant ol Upper Canada, than to givi; 
 any information, and contribute any assistance 
 in framing these provisions, which my know- 
 •ledpe of its local interests may enable me. At 
 ^he same time I cannot forbear to represent, 
 wat a Bill of the kind propoued would go a 
 
 vprv little w.iv i!t rem'ivlnsf any of llie «1ifrriiI-« 
 tifri' in winch I ppcr (.'aii;iilii i- ai present in< 
 V(dved with r< '^'peel to its i't'veiiiic, and would 
 1,1)1 apply at all to honw vi the most material 
 points on wlii«!i its L« ni^lnuri- have now a sc- 
 tond time mint earne>'lly bcMiu^lit the interpo* 
 silion (il His Majesty and the Imperial Puiiia' 
 nu lit, as the only meiiiis ol indtinnity ngaintit 
 the injuries which they represent the Province 
 to have siistairied from Lower < anada. and ihu 
 only hope ot prolcction n^'-iiisi the leeurreiice 
 ol li.e evils to winch it Inm been •■\jj"sed by its 
 Blule (it dependence on the Le^itlutuiv of unu* 
 ther ( olony. 
 
 I wn'4 ntiwillinp to inlerrnpl the cnrpidoratioa 
 ol llie js;en< ml ni«;(imiep iim'c i tN-< i.ssmhi, by 
 prei-.-iiii; the particular pi.nai, iact aiinilcd to. idl 
 tii/ie hod been ullordeil yon ti. f;ive ilic mees- 
 sary attention lo the Addr* s.. anil lleport v>l eh 
 I had the honor of Fubiuittin^ tlirouLli i tirl : a- 
 thurst to the gracious conhideratii n ol \\\i> .^ia• 
 jesly, nor should I do su now, but that I am de« 
 sirous you should bear these t'Ubjecis in mind 
 either as i onnecled with, or iliminct Ironi the 
 proposed liilK in time to avail jonrsi It ot every 
 information which thediHrussioii ot that bill may 
 atibrd you an opportunity ot obtuiinng. 
 
 I need not at presriit recppitnlate the dilTe- 
 rent subjects on which the Le4;isl;itiireof I'pper 
 Canada have prelered ilieir petition to His Ma- 
 jesty, looking anxiously but cor.lid'niinllv lor- 
 ward to tiic just interposition of It is i\;aj< -ty , ?id 
 the Imperial Parliument in a(iju-«liii!;itK tiiaiKial 
 relationa with Lower Canada as iho oni^ .m ;tns 
 of rescuing; its Government from the innnediate 
 dit^grac<- of a Public Bankruptcy, and ol pro- 
 viding lor its liitnre support ; they are liiliv ind 
 cxplii'itly si.iled in the report which aeeoinpa- 
 iiies the addcetb, and llicir pro(>f rests piiici- 
 pally on inatlen* of public recoril. and on other 
 documents to which that report exprcs^dy le- 
 xers. 
 
 I shall be happy to attend nt whafoviM- timo 
 you may do ine the hoiior to appoint, to give 
 any additional explanation. 
 
 I have the honor to be, &c. 
 (Signed) Joh.\ B. Kouinsov. ' 
 
 To R. Wn.Mor, Ksq. 
 His Majesty's Undersecretary of State, for the 
 Colonies, &ic. &c. 
 
 (C.) 
 
 Clauses for adjusting the present claims of 
 I'pper Canada on the Lower Province, and 
 providini; lor the future regulation of the in- 
 ter(!oiirse between the two Provinces, pro- 
 posed lo be inserted in the Canada hill, 
 after the clauses for the general regulation oi' 
 the Canada I rade. 
 
 And whereas since the division of the Pro- 
 vince of (Quebec into the Provinces of Upper 
 and Lower Canada, divers regulations have 
 from time to time been made by agreement en- 
 tered into under the authorities of Statntea 
 pusbcd by the Legislatures of the said two 
 
 
 I 
 
3 
 
 
 Pronnces rcapcctivo]y,conceriiin^ tlio imposing 
 of duties upon articles imported iittu the I'ort 
 of (Quebec in the Province of Lower Canada, 
 nml tli» pnjmcntofdrawliiicksof such duliett to 
 the Province of Upper Cunudiu on account of 
 thti proportion of goudu so imported into (|uo- 
 liMC, and pnsitin.s; li'oin thence uito the ^nid I'ro* 
 vince of llppvr L'aiiudii, the last of which agreo- 
 inents expired uii tlie 1st iiay of July, 1819. 
 And whereiitt it iippctirEi l>y the Report of the 
 CoinniiHsionerd lu&t iippuinted on behull'of both 
 Provinces to trcut lor the purpo^io uloresaid, 
 that tlio Province of Upper ( uiiada cluiinu cer- 
 tain arrearagoa from the Province of Lower 
 Canada lor drawbacks of divers duties levied 
 under Acts of the Parliameiil cf Cireat ]>ritui'ii, 
 and of tiie said Province of Lower Canada, on 
 goods and commodities entered at tlic I'orl of 
 Qnebee. and afterwards imported into liio I'ro- 
 vinc(> of Upper! anatia, and consumed llioiein, 
 hIiicIi ciniin is not adinilled on the part of the 
 Province of Lower (.auada. And it tniii.er ap- 
 
 f)ears by the said Keitort that thcr.'oni.i.issiioncrs 
 ast apupiiitcd lor the pur ponies ulorchuiu nave 
 failed in ebtaMi.iliiiip any re;;ul.ition lor the lu- 
 lure, by reamai thai lliey could not aijree upon 
 the proportion ol duties to he paid to Upper 
 Canada by way ol drawback on the gjods con- 
 ennied theroin. !• or remedy of the inconveni- 
 ciir<; occasioiieil thereby, and lor the Halisliu;- 
 tory invesiigution. and adjtistment of the said 
 claims, lie it enacted, iVc. that it shall and uioy 
 oe lawful for the tJovernoi", Licutr'iiiint Gov- 
 ernor, or Per^^on AduiinialHrinir the Cio\eriimeiit 
 of i-ach of the said ProviiicC'^ ot l'|)per and 
 Lower Canatia rcspecti\ely, so soon as conve- 
 niently may be aCiec the pansint; of tins Act to 
 aj)i)()iiil by Ciaiiiiiis.siun undtr the Great .Seal 
 Ol liair re^-jie( live I'rovinre one Arbitrator who 
 lo^icllier uith a third AiMlr.ilnr lo bo named 
 a-.d itppoii.letl iidike maimer by the Governor, 
 Lionl'Miant (governor, or I'erson Aiiniiuisterini; 
 the (jovernmentofllie Pro.inee »)f (Nova !*culi:i, 
 or New niimswick.'* ai.d \o be a s-n!'ji'(l oi lii^ 
 A'lji'sty iiilinbitiii;'; llic said l*rr\iiico ol' Nova 
 Feotin, tVr. slialt have power to hear and ileler- 
 niiic .ii; claims of the Province ol UpperCaiinda, 
 n|ioii tiie l'rovin<:e ol Lower Canada, under the 
 several iigreemenls ln'retotore snbsistiii£r be- 
 tUf'<Mi the saiil two I'rovinces sine*' the division 
 of the Province of Quebec, aiid alledjjed to be 
 unperformed, aecordiu;; to ilic fair underr>laiid- 
 ing and conofrnotion of the said Aa;reem«Mit3 
 andalt^oall claims of tli«said Province ofUpjier 
 Canada, on account of any matter not embraced 
 within the same. 
 
 Add clauses — That the opinion of the majori- 
 ty shall decide. • 
 
 That if cither of the arbitrators appointed 
 for Upper or Low«!r (Canada liiils to attend on 
 due notice being given tor that purpose, the o- 
 ther two may lueet and delermuie. 
 
 Power to Administer Oaths, 
 
 To send for Witnesses. 
 
 Copies of the Award under the hands and 
 
 seals of the Arbitrators to be transmitted to the 
 
 •Ciovcmors of Upper and Lower Canada, and to 
 
 the Lords Commibsiuncrs of His Mujcsly*s 
 Treasury. 
 
 In case of death of eilhcr Arbitrator before 
 decision, liie (iovernor of the Province for 
 which he Mas uppoliued may commission ano- 
 Uier. 
 
 The Commissioner from the Provirce of 
 
 to b( leinuneratcd at the joint 
 cliargo of the Provinces of Upper and Lower 
 Canada in such amount as the (jiovcrnoi of that 
 I'rovince may appoint. 
 
 If any sum be awarded to be paid to Upper 
 Canada, the Governor o( Lower Canada, may 
 is.^ue his \V arrant upsn the Receiver General of 
 Lower Canada in I'avor of the Heceivcr Gene- 
 ral of Upper Canada for the amount. 
 
 An appeal to lie to the Committee of the Ho- 
 norable PriVy Council lor Trade and Planta- 
 if either Province should be disss *iblicd. 
 
 (1 should not object to the last provision, but 
 not desire it on the part of Upper Canada.) 
 
 And be it further enacted, &c. tliat of all du- 
 ties which have been levied in the Province of 
 Lower Canaila since the 1st day of J nly 1819, 
 upon any goods, wares, merchandi^.e, or com- 
 modities imported by sea into the said Province 
 of Lower Canada, and also of nil duties which 
 after the passing of this Act, nnd before the 1st 
 (lay of January I}i2l, shall be hsvu^d in the Pro- 
 liiice of Lower Canada upon any goods, wares, 
 merchandize, or commodiliea imported by sia 
 into the t>aitl I'ro^ ince of Lower C'anada, the 
 Provi ce of Upper Canada shall be eiitilled to 
 liav(^ and receive one part as the pro- 
 
 jiortion of duties arising and due to the Province 
 of Upper Canada upon such importations. 
 
 Ai.d be it further enacted, Sic. tliat the Go- 
 vernor, Li«'Uteiiant (iovernor, or I'erson Admi- 
 iiisleri;.!'- :!ie Gt■^enlInellt of llie PiHuiuceof 
 Lower ! ula, shall and may i.-sne his warrant 
 forlhwitli > favor ol' the I'ceeiver General of 
 the Province cfL ji|)er Caiirida fur siieli propor- 
 tion of liie d(ili<'s iceeivcMl in llio Province of 
 Lower Canada before the |)assii;c>; of tl.is Act, 
 and sliall and may on the (irsl day of Janu.iry, 
 and the lirsl tlay of July in i-aeli aial every year 
 liiereafter, until alter the said (iisl day of Ja- 
 nuary li'il, iss i<! his warrant in like iii;innor for 
 the payment of such sum as may be then due 
 on account of the said prepurliuii. 
 
 And be it further enacted, kc. (clause for es- 
 tablishing the jTopurlioM to be paid alii r (list 
 January ltJ2l. by arbitralirn upon the same 
 principle as that for tleterinining the <)ucstioM of 
 arrears with an appeal to the Cominitite ol I'li- 
 vy Council, or by the Lords of the Treasury oi- 
 Privy CounciJ, in the fust 'iistance on lieaMiit'; 
 the representations and evidence of both par- 
 ties, 
 
 such proportions to bo ascertained every four 
 years.) 
 
 And whereas the division of the Province of 
 Quebec into the two Provinces of Upper and 
 Lower Canada, was intended for the cemmon 
 
bpxefit of n'm Maj«'*ly'rt Puly'ortJ rcHulin;; willi- 
 ill liiitli ol' (lie iM-»ly niiiMtitiiUMi I'roviiicrti, and 
 iMit ill any iiihiiikt io ohHiriict tlic iiilercuiirH*'. or 
 
 t)rrjiiilii;e llio trade tu lie currit'd uii Ity (lit: in- 
 int)itiinlH of uiiy |iart of (lio Hiiid late l'roviiif<> 
 of Ijuclivi; wilii Grciit lirilnin, or with utht-r 
 (v'oiiiilrii>t«. Hiiit It luirt ji<'«'oi-diiii;|y liLH-ii iiiadu n 
 hiihjecl of iiiMliKil Hiipiiliitioii Ix'twecii the (\vo 
 I'rovinct'M in iho cevcral n^r«'l'ln(>lltl» whicli linve 
 lirrotofon* Mrilitiistrd, lliitt the I'roviiice of Up- 
 per (')iiiiida hliutild not iiiipoite any dulieft upon 
 nrtiok^i imported from Lower Canada,but would 
 permit mid allow the Province of l<uwer Canada 
 to impure sucli«liitie«n8 they might think fit up- 
 
 foil nrticlfs iniporied into the naid Province of 
 ,oM<T ■ annda, of which diiliena certain pro- 
 tiorlioti wnw hy the said agreements provided to 
 le iiaid to the I'roviiice ol Upper Canada. 
 
 And whereas inconsequence of the cessation 
 of such agreeinenta as ahuve recileil it is necea- 
 siirv to protect the Province of I'pper ('aiiadn 
 from any evils which miglil arise from the exer- 
 cise of an exclusive control liy the i.ecit^lalnro 
 of Lower (/'anada, over the itnporlsand exports 
 into and out of the Port of l^uebec. And it 
 is hirllier expedient in ord<-r t» enable the 
 snid Province of Upper Canada, to proviile 
 villi siillicicnt certanily for (lie support of its 
 ('ivilOoveriiment, and tor oilier perinaiieiit and 
 necessary charges upon il-* Kt-uiMie to establish 
 such control as may prevent (he i4egi».la(uiv of 
 l-o»ver (Jaiiitda from repeitling butideidy and 
 without artordiiigto Upper Caiiaila an opportii- 
 tiity ofrcmoMstratic<>.e\istiii!r duties upon vvliich 
 (he [irineipal part of miiIi l{c\eiiue iiiHy tie- 
 iieiid. He it tlteriMoie eicicuMl cVc. that all and 
 every llie Duties wlii(;li at (he time ol (he ex- 
 
 riralioiiof (lie ln.s( attreemciil l.i'luefii Ilie said 
 roviii(f"i of Uppfr a'ld l.mvcr Caiiiul;i uere 
 payable ii:ideraiiy Ac( or .Xi(s of (ii." Piovinr* 
 of Ijdwer ('anada on (he i!ii|><ir'a(ion of any 
 goods, wares, or tnerrli uuli/.e in(o (ho Port of 
 Quebec, shall be payable a'nl bvied iindl (lio 
 Act or ^els iinpo-^iii'; tiie ^iiiine or any of (hem 
 shall be repealci.i liv an Art or Aels of (he said 
 Province ol Lower C.maila. iind iiii(il such Act 
 or Acts repealiiii; ■^neii diilifs sliall, after a copy 
 of (lie same has bi-eii (raiisinitled to the (io- 
 vernor of the Province of Upper Cnnadn, be 
 laid before both Mouses of (lie Imperial Par- 
 Iiamo!i(, arcordma; to the form's nnd previsions 
 roiitaiiied in the Act ol (lie I'ailiametit of (Jreat 
 Britiiip, eh. .'31. passpil in tlie ;j|s( ye;ir of liis 
 late Majes(y's Rei;^ri. entitled &e. and the Royal 
 asitiit thereto proel»irn"(l witltiii the Province 
 of Lower Canada. n<'e(ir(iiii(i (o (he pruvisions 
 of (he said las( mendoned Ac(. 
 
 And be it tort'ier emcled ice. That from and 
 nfler the passing of lliis Act, no Aet of (he Le- 
 pi^lalnre ol" the Province ef I^ower Canada, 
 whereby any a(bIitional or other ilulies shall or 
 may be imposod on articles imported by sea 
 info (he said I'roviiice of Lte.ver Canada shall 
 have the force ol lavr, until (he same shall have 
 been laid l)efore the 'inperial Parliament as 
 provided for in certain cases by .II Geo. III. ch, 
 .'tl, ami his Majesty's as-^ent thereto published 
 by Proclamation iti (he said Province of Lower 
 Canada, a copy of sueli Act having within 
 
 from the pa^ssin^ of the same been 
 
 transmilled to the Governor of the Province of 
 L'ppcr Canada. 
 
 Provided always nevcrtheleM that it thall 
 not be iiccesHnrv tu transmit any such Act to be 
 laid before the Imperial Parliament, if the con* 
 currencc of the Province of Upper Canada 
 (herein shall be si^nilied in tbemaitoerto be 
 speciticd in thin Act. 
 
 (Note accompanjing the foregoing Draft.) 
 
 I have drawn up with as much connection as 
 I could, in so short a time, (he substance of the 
 dilliTent provittioiis which I have already pro* 
 posed on the part of Upper Canada. 
 
 To reduce them properly to detail will re- 
 <prire more particular consideration, but the 
 heads I have given will shew, I hope, with 8ut!i- 
 cient precision, the nature of the diHercnt e* 
 iiactments which appear to nie necessary to 
 place the two Provinces on n fair footing with 
 respect to each other in matters of trade and re< 
 venue. It is impossible to say that in proceed* 
 iiig with the detail more eligible modes may not 
 suBHest themselves of attaining the same ends 
 vith erpial justice to botli Provinces, and it ia 
 very probable that additional precau(ioiis may 
 be loiiiid necessary (ogivceflect to the measures 
 
 rroposed, but I am willing to be uiulers(oo<l that 
 have no intention to urge on behalt of Upper 
 Canada any mea.iure distinct in priiiciide from 
 those embraced ui this sketch, unless it occurs 
 to me in time (o admit of my giving Mr. Culd* 
 well notice of it belore his departure. 
 
 (Signed) JOHN B. IIOBINSON. 
 Ai'Rii., 7(h 1.-22. 
 
 Sir, 
 
 COPY (D.) 
 r)6 Gower Street, April IClh 1022. 
 
 Mr. Cald»»ell has very politely 
 directed my attention to (he Courier Newspr- 
 per of Friday las(, in which ore some Resolu- 
 tions passed by (he Assembly of Lower Canada 
 in their last .Session res| ectinj^ the fiuestiona 
 between the two Provinces of Canada, on the 
 subject of Revenue. " That the right of Upper 
 " Canada with respect to goods, wares and 
 *' merchandize imported into Lower (yanada, 
 " or expor(e<l (herefrom, consists only of n 
 " right of passage tliron:»h the said Province of 
 " Lower Canada, or depend.s on conventional 
 " arrangeinenls between (he two Provinces," !:* 
 a posi(ion which, if adini(ted. would do nodiin^ 
 to obviate (he ditficullies which occasion (he 
 present embarrassments of Upper Canada, be- 
 cause, as far as respects (he alteration of conven- 
 tional arrangements, (ho very hardship com- 
 plained of is (hat there is none in force to regu- 
 late the present, or to provide for the future 
 nUercoiirsc be(wcen (he (wo Provinces, that 
 Lower Canada omi((ed thro' a period ^f nearly 
 two years to appoint Commissioners totrent, hnd 
 that when Commissioners were appointed for that 
 purpose, they were not authorized, as they do- 
 clnrcd,to look into the past, nnd would .accede 
 to no terms ^which our Commissioners could 
 
Nrwspi - 
 Rcsolu- 
 (liiiatla 
 iiP»itioii9 
 oi) the 
 
 of Upprr 
 rrs aiul 
 Jaiiiula, 
 \\y ol" fi 
 )viiice ol 
 nitional 
 ncrs," ii 
 nolliinij 
 sioii tlio 
 ladn, bc- 
 coiivcn- 
 ii|) com- 
 to rpgu- 
 le future 
 es, thnt 
 if noarly 
 rent, and 
 (I for that 
 they (hv 
 accptlo 
 :rs could 
 
 )»0Mihly concur in for the time to eome; npnn 
 the rctnnitiing pnrt of I he nrnohitioii, nainely, 
 the abstract position that Upper Cniinthi lu'ifi 
 no other clnim but to *>■ a right o** transit of 
 *' goods through the Lower IVovinci-, * I hcj; to 
 observe that Upper Cuiindn has not only n right 
 of traiinit, but ul n free transit, that is, relieved 
 from any duties which may have been impoHcd 
 upon Kuuh goods, on their entrance into Lower 
 Canada, nnd that such ri^ht has been uniformly 
 recognized by every piovinional agreement, 
 since the division of (lio J'ruvinceB. it iu con- 
 ceived, indeed, lliiit (]p|ior <Janada has even 
 cItiitnH beyond this in rcoprct of goodn, which 
 hiving paid a duty nt Quebec iiiuler the llth 
 Cieo.lll. IIS well art iiiidt'r I'lovincial enactments, 
 are coiiKumed in iieitlicr I'rovince. but ore ex- 
 ported (o the Uniloil Slitfst of AuH-ricn. These 
 «;l.)im<i (hough of itifcriitr niomciit, arc urged in 
 the Keprirt which I hive had the lioiior to prc- 
 Hcnl, and the reasons Kliitcd on which they nre 
 ^'rounded. Hut if the claim of I'ppcr Cnnadn 
 were coiilined to the right of free transit of buch 
 goods rt.t her vihabiliui>< consume, the express de- 
 clarations of the last Commissioners appointed 
 by Lower Canada would deprive her of that 
 right, for tliey uner;nivoeally declare, iti writing, 
 to our (.'ommissioners, that '•• they will ngiec to 
 •' no other arrangement than (hat each I'rovince 
 ♦♦ shall collect its own revenue, nnd that they 
 will pa} us no drawbacks." I'lil (he duties iin- 
 
 Jjosed by the 14th Geo. .Id, will continue to be 
 evied on importations n( Qiiohec, and no doubt 
 the [legislature of Lower Canada will always 
 ndd to these duties odiers of their own, there- 
 f(ire, if (hey will henceforth pay no drawbacks 
 to Upper Canada, whitfvfr revenue we should 
 jitteinpt to raise from I'm-npi-an merchandi/c as 
 it roiTiPs into our I'rovince, can only be ob- 
 tained hv imposiii'T (Iiities in mlilition to those 
 iilrcady levied on (lie ^anic articles, when they 
 niiivrd at (liePort of (mp'!)"c. of ivhichwe are 
 to r»'«<ive no t]\i\\\ hack, and o\er which we are 
 to h.ive no control. 
 
 Upon the remni liii;; Vr>iilutions I beg to re- 
 natk (hat (ho el lin-i (.1" ' |';'-r ' "a'Mila upon (lie 
 Lo\^er i*r(n ince .nr>' t;ro!nnl<"l priscipallv upon 
 (oiiner proN isiionrtl i^i^rfPiiieMt-. uliii-liii is con- 
 (<':,ilr(l liuve not hfiMi runinlied wiili. an<l |tro(if 
 j-i cfTcird (o suhstanli )!(' elainis under (ht;ni to a 
 \"':y <Mi;si(Ierah|i* aini!iiil Lower Canada, on 
 t!i > otiii r hand, ilccifs, (!ii>ni;!i not in pusilive 
 tornis. tint sncli claiins exi-t ; it is stihmiDt'd 
 fhtt Arhilradirs can hc-t d' cide tliis (pie-<tion. 
 I'ut it is moreover roiifcivcd t!iat hfyond (hcse 
 elaims under ngreiMncit-; niporfornn'il. (here 
 may exist other- rfinally clenr and inst, which 
 those agreements outrht not to preelude. unless 
 they are such as (he Commissioners who formal 
 those nsreements were authorized to .idjusl, 
 and did in fact consider. 
 
 The agreement entered into at Quohcc on llie 
 7th June 1HI7, between the C/immissioners of 
 Upper and Lower Canada, which by these re- 
 solutions is not recognized as valid, related on- 
 ly to the payment of a particular sum of jCl. ■)!!;'>, 
 on account of arrearages claimed by Upper Ca- 
 nada, nnd is wholly HniTfipor(ant as to any ques- 
 tion remaining now to be considered. It was so 
 
 far Hanclioneu hy (he 1 rgislature of Lower Co* 
 iiada (hilt (hey p;)«srd nn Act appropriating the 
 Mim to I pperCaiiaih«liicli was iiseertnincd by 
 that agreement, and I • anriot conceive for w!»nt 
 purpose a ijueslion is now rnisrd about it, for it 
 wiis hut a portion ol uhat in claimed, ncd was 
 neither exjiic>-s( d. nor prefeiuhd to I e in sa- 
 tisfaction ot the clulins of Upper Cuiinda, hut 
 quite the contrary, 
 
 As to (he assertion contnineil in the nesoliu 
 tifuip, that the pro|ioriion of (ioods iinpfirted 
 into Lower Canada, and enn'^nnied in l'|i|ier 
 Ciiiiada has materially diniiiiisln d Kinee (he la«t 
 ngreement in IT, 17, it is lidly nu-t and partini* 
 larly considered in (he l!< port of the L(i;ida- 
 tive Council and .\?v(iid»ly of lipper Canada, 
 nnd documents are ajipended (o that report 
 whichclearly snl>.stun(ia(c whatever is odvan<:cd 
 in it on that head. 
 
 Upon the l;is( resolution it is only necessnt-jr 
 to ol'serve that it <'oiild pcnrcely have been nn- 
 ticijmted by Up|)rr Canada, tliat (he Legisla* 
 lure of the L"wer Province would delay lor so 
 Jong a period (he appointment of Commissioners 
 (oieneu (lie consultation, and (hat nOer they 
 had by that omissiion t-nhjected us (o so great 
 inconvenience, it seemed not an nnrensonahle 
 expectation that (hey would proceed to ascer- 
 tain (lie proportion.hy (he means which had been 
 last resorted (o, ratl.er than aggravate the evils 
 of the delay by the nnforesifcn retjuisitionol' a 
 mass of evideiK'Cof past traiisa«tions which no 
 ])recaii(ion or expense which Upper Canada 
 conld have ('m|>loyed, would have rendered sa- 
 tistiictory, and which i( was well known, nt tlie 
 time it was deinandrd, could not possibly ho 
 obtained. — In (ru(!i. (he at(empt to take an oc- 
 tount of all the gords which passed from the 
 one Province into (he other had l)eeii abandon- 
 ed hy I'olh Provinces as impracticable, i d it 
 is iiot sii;i;nlar, tha( we had not, without (he aid 
 of (lie necessary Ollicers for (hat purpose, per- 
 severed in a svstcin wiijch it was loinid could 
 110' he carried into elli-ct while those ClKcers 
 existed, and which iiad been thcrclure ditcon- 
 (iiiiied. 
 
 It is true (hat (he Commissioners of Upper 
 ' 'aiKida would i.ot coo'-ert to (he mode, pro- 
 jHiscd rnrascctlainin;; t!ie proportion of duties to 
 he paid since (he CxjiiratiDii of the last ngrc'C- 
 ineiit, hiM-anse they represented and proved that 
 tlial mode WHS impraciicahle and that the result 
 c nld not he satisdictory. All this appears in 
 tlii' report of the last (Commissioners, bull am 
 r;i:<hl(tl to s!\e\v that snthcient evidence was in 
 f let colleoted hy one of the Commissioners of 
 Upjier Canada in conjunetion with one from 
 Lovvcr Canada to prove at least (he rights in 
 more (han the prop<r(ion contended for, ai d in 
 the fnvc of llnit evidence such proportion was 
 iioverlheless refused. 
 
 I have o;ily to ndd (hat these resolutions of 
 the Assembly of Lowc^r Canada are uh-diy si- 
 lent on the most important point, an<l that witli 
 respect to (he past claims of Upper Canada, 
 (hey siigsrest no means, nnd hold for(h ro Pros- 
 pect of their adjustment, while nearly the whole 
 
 i 
 
6 
 
 of our rovrniio for llio three last yoius U «lr' 
 
 iiiiiu'tl iiitlieir TnMiMiiry. 'I'hcriv rc»olutioiiB it 
 
 b itlito l(» ho oJittrvtuI, w««rr nilopleil hy tlio 
 
 Lt'giitlatiii't' of liowcr Caiiadu, ittli-r n Kiiu>r- 
 
 IftlKC uf i'v(>ry point upon nliirli lli(< I'rovincu 
 
 of rpp'T Caiiail.i liax MilrentrtI the iiitiTpo»i* 
 
 i lul tliii MajcHiy, niiil the linprriul i'lirliii- 
 
 il ; liar till- l.4-i;i-<latur« of Uppvr ( iiiiailu 
 
 ftl Hi4 R\(rll<'iirv >ii I'crcffritio Muitlaiul 
 
 ui><(iiil to (lie (Mivcriiinpnt ul Lower (.^iina- 
 
 >r tho iiifornialioii ol tlic I^ojjiishitiirc! of that 
 
 viiit'c iht'ii in Si'^^^imi, a copy of the Atldrt'Sit 
 
 lis M:i|<\it>. anil ol iIk' Report which I hiivn 
 
 ,. I the lioiioi- i<> pit vfiii lo Karl nnthiir'^t, anil 
 
 iiow thai lIi<-4)- papt'i'H wrre trnii^tniitlcd loii)( 
 
 fori* thi'ic rcMululiunH arvHlutcil tuhuvc bcvu 
 
 The romnrki made hy Mr. Cal.Uvrll and Mr. 
 I ircliall. upon m a c ot the ciiiictrniMitH propos> 
 <l liy nic. tor pl.o in^ on a just fouling tlicfnian. 
 iat rontiTti'j ol I'ip iwo l'rovini:i>t«, «lo not nHuct 
 (he most mnlrrinl of thr»c provi><ions, nnd the 
 points they invo|v(> nrc bo particularly ndverli'd 
 to in the Uffpoit I have preflrntcd, nnd in thii« 
 [taper, that I neod not nt nreHcnl iiri^eany lhiii<{ 
 nrlher upon them. I will only oh^iTvo that no- 
 thing can he inoru mistaken than to deny l!ic 
 cinitn of Upper Canada to i\ just propnriion of 
 the duties levied undur the Briticil) .Statute of 
 14th Geo. 3d. 
 
 f 
 
 I 
 
 Tho Annual vole of tlio Brill-.!) P,irIi:ini'Mt 
 nys only Boine •'pccitied t>ul.»ries, — li dilra^!* 
 ut a pan nnil not the greater part, of the ex- 
 pensc of mliniiM^teriiif; inslice, nnd supporting 
 the Civil (lovt'irmKiit vvilhin the Pnivinte of 
 l-'pperCanaJ.i. Mow can it then he proposed 
 that Ujvper Cani'l i shall remain etnl)arr:iss<'d 
 I'iom want of fundi to niecl these ohjccl-i, wiiile 
 upon the artirlcH slie couHunies, duties are p:iid 
 nl Quehec which are exprtssly i^i propria'cl to 
 that purpose, hut which it is now contended arc 
 to be wholly expended in Lower ("aiinda. 
 
 If it sliould appear to you that nny ol lln; 
 points urged hy the Leifj^lature of I pper (a- 
 nudn are in thencidves (iii(stioha!)le or are ren- 
 dered 10 by any statenuiils or arujuaieiils ad- 
 vanced on the other side. I hliall lie laucli o- 
 Miged by havin' an opportunity nli!)rdcd nie of 
 further eiplanation. 
 
 1 have the IJonnr lo he. S:c, 
 JOHN B. KODINSUN. 
 To 
 
 R. WHAIOT. Rsqnire, 
 
 Under Seen tart/ 0/ Stnte ) 
 
 Jot tke Colon id, (Jr. I 
 
 COPY (E.) 
 
 LoNuo.N, 5G Ciowor .'''(rect, 
 April 23d. 182-'. 
 Sir, 
 
 The measure of unitinfi; the two 
 l*rovlnce8 of Canada, on which you did me the 
 honor to confer with me in company with iVIr. 
 Osgoode and Mr. Ellice, and also with the .So- 
 licitor General of Lower Canada, is one of so 
 great moment to those Colonies, and involves 
 90 many cousideratioiiSitbatl feel it due to my- 
 
 •elf to place before IHn IVfnje«<y'» fioTemmenl 
 in writing whiit has occurred to me on the sub- 
 ject, though I shoidd do little wore than repent 
 what I have betbre sinicd in vonversntion. Yuu 
 will oblige me by hiding betore Karl Unlhurst 
 the paper which aeconipnnte* Ihi* letter, in 
 which I have taken the idicrty to ittuto plainly 
 ■neh viewtt of the subject as my ucquHUitahcn 
 with the Hilualion of Upper Caiutda, and my 
 opinion of the interests nnd wishcit of his Mu* 
 jeaty's uultjccia there, lead me to entertain. 
 
 I laving mdunilled to the eonsidcrntion of Ivirl 
 n.ithurst, proposed inensures for plneing ihn 
 ttw> (/'anadaH on a fair looting with respect lo 
 each other, without reference to any union of 
 the two Provinces, nnd having now venlureil lo 
 iitate explicitly my BcnlimentM upon the expedi- 
 ency of sucii an llnion, I have oidy to add, that 
 I shall be most happy to niTiird any further in- 
 liirmation or explanation in my power, and that 
 whatever course lli« Majesty 'h Ciovcrnment 
 may determine to adopt upon consideration xtf 
 the dillerent measures proposed, I shall hu 
 eqnally ready to aid it by any service of ininn 
 which can be useful, entirely persuaded, both 
 by the very liberal policy nhout to be extended 
 to tlie Car. ulas with respect to their trade, tuid 
 by the patient ntlention which has been given 
 to the «iilli>rcnt points I am instructed to ur^e, 
 tiint the prosperity of those Provinces is earn- 
 estly desM'cd i)y I lis Majesty, and that no mea- 
 sure will lie dei:ided on but in the t'ullcst cun- 
 \i(!tion that it is the one must likely to ensure 
 their security ami welliire. 
 
 i have the llortor to be. &.v., 
 (Signed) John D. Uobinso.n. 
 
 To 
 
 r». Wn.M'vr, F.scpiire, 
 ^c. 6ic, iiv. 
 
 Coiisideralii^ii^ upon tlie expedieivcy of ni*. nig 
 aitl'iiilcl l.e^islatur(* lo the two I'rot i.iei ".< 
 ol'CanMd I liv an Act to he p.jsid <!min^lh<; 
 present Session. ' ' • 
 
 The rea iins whicli led to the divi-iion of t;;" 
 Province of (Jiiehcc, were that tlie InhahitatiN 
 of the two |iortionsof the Province now (lirni 
 ing I pper and Lower Canada dillered in L111.- 
 giiaiie and lie'ii;ioii, and had lieen aci ustonnd 
 to <lilli;renl s\ stems of Jiirisprujlcnee. 'linx; 
 reasons remain not muteriully weakened in anr 
 respect, for, the accession to the population of 
 I'pper Canada by emigration since the division, 
 has Ixen almost entirely of persons strangers lo 
 the French Laws and language, and principally 
 of the Protestant faith, while in Lower Cnnail.t 
 the lidiahitaikts are at this moment in the pro- 
 ])ortion. it is stated, of 19 in 20 coini>osed of 
 Canadian French. 
 
 \\'Iiatcver weight, therefore, was dne to fhepc 
 nrguincnts for a separation at the time it took 
 place, is yet undiminished, and it may be ad- 
 ded that the subsequent genei^l dispersion of 
 population through a territory, the extremes ei' 
 xvhich arc from 12 to 1500 miles asunder, fur- 
 nishes an argument of inconvenience against 
 uniting them now under one Legislature, which 
 
rermnent 
 
 Ul« Null- 
 
 II n>i)i;nt 
 
 ion. Tuu 
 
 ISnlUurxt 
 
 i-UtT, ill 
 
 (0 pliiinly 
 
 UHlllUllCO 
 
 Hiiil my 
 ( liiit Mu- 
 rtain. 
 
 oiiofK.'irl 
 HciiiK llin 
 inH|i('ci lo 
 
 iiniiMi of 
 
 iitun-tl to 
 10 (•xjx'tli- 
 I mid, that 
 urtlirr in- 
 r, uii«l tliat 
 ovcriiuit'iit 
 Icniliuri of 
 I hIiiiII >)c< 
 Re of ininn 
 itird, l)oih 
 
 exlpmlnl 
 Irndo, tiiid 
 x-cii givrn 
 li (t> ur^Cf 
 8 \h rnrii< 
 lit no mca- 
 iilU'si con- 
 
 (o ensure 
 
 )C. &.{'., 
 
 iN8t>.M. 
 
 •y of niving 
 
 I'l'iniiirrn 
 
 ; ilurlii^ iIk; 
 
 i'ioii of J;;" 
 liiliiiliit;ifi!-t 
 
 now lor.'ii- 
 rnl ill J.iit/- 
 iK'cilsiomcil 
 r.'. 'I l.ix; 
 iMird ill .iiijT 
 >puliition ul' 
 lie divisiuii, 
 Hlranifcrs to 
 
 principally 
 ver CnnH<la 
 in llio pro- 
 }ini>OKed of 
 
 Ine to tFiepe 
 me it took 
 may be nd- 
 i»pen<ioti of 
 extremes ef 
 lundcr, Air- 
 ice ngainst 
 ilure, which 
 
 toroHiilily (lid not ox\»i in » mifHrirnt deforce to 
 iorin Hii iiHluccuieiit lor i1r> ncporutiuii. 
 
 ThcM circumitlnnreH, howevrr, tlioiic;ti rn« 
 tilled locoiiii<l«r'ilioii ax iBiilerially iitr<>ctiiiu; llio 
 Wf liArt and convenience of llie two I'rovinre*, 
 wli(M« increitNC in |i«ipulHlioii uiid npulen«< it ia 
 denirikhlo lo iaciliialr hy giving lo llicm the iiioxl 
 cuiiveiiieiii iorniof (iovcnimeiil lor ihi'ir local 
 want*, nre none of iIh-id, il iniiHt lin confcsted, 
 of tliiit pirainoiint iiadirc that lliry ou^llt lo kIhiiiI 
 ill the way of the propoucd iioioii it il lie cl«>»r 
 that Hiicli union i-* iii-(;eHitHry to incrraNi' the vn- 
 lup of thoHe Clolonir^ to the Mother Country, or 
 to provide ill the nioal ctTvctuul nianiicr lor their 
 own »ecurity and uclluic. 
 
 For my own pnrt. I do not know in what man- 
 ner any of tliOMe endn is ex|M<ri<>d to he iiiiHWi'r- 
 «d hy the proponed unifMi. The Hrnvincen have 
 gone on liiilicrlu ailvaiain^ hy vrrji rapid ntri^les 
 ill population and iinpinviuiciit ; their liilNihi< 
 tunlH well Aatistird with tbi' liiolintf on which 
 their Governir.ent waH placed hy the iiibtUeo. 
 3d. c. 31, and aensihlc thenisclvcii of no evil or 
 iuconveiiience growing out of the Hyutein rHtah- 
 lished hy that Statute, no far af> my .';iiowledgo 
 exteiidH, except Ihut within these lew hint yeaiH 
 diliiculticH have arisen in adjuHtin^ the propor- 
 tion of duties, and regulating the commercial 
 intcrcoiirne hetween the two I'rovinccH, which 
 niatters had hitherto heeii arranged hy amica- 
 ble agreement hut which il haH hcen now found 
 lieceHxaty to lefi-r to the decision of the impe- 
 rial Parliament, an (<\igency forcKcen as the 
 prohahic coiiBequence of the Bpp'iration when 
 the .'ilbt Geo. :<d. was p;issrd. and for which n 
 power ofprovidiniT a remedy by the interventinn 
 of I'liticih Actb i» in Icruis rcbervc'd hy that Sta- 
 tute. 
 
 If, however, altlinnch the Irijid and constilu- 
 tioiittl ritiht ot the lm|i(Tiai I'iiiliameiit, to eon- 
 tro! Iioili Trovincrs in these renpects it* iindoiibt- 
 «mI, iheHp ilifTereiires llet»^een them with r<'H- 
 ))erl to their comnxrcial and linanrial regiila- 
 liiins ciniiiot in poiit ot fiirt be adjusted in any 
 ether maniierlliaii ll^ .in iinioti of tlie Lecisla- 
 tiire.s. that would, ol it^elt. lie a sniileient rea- 
 son, (iir while tliese poiiilH are niiHetlled, the 
 (lovernirfnls and li."i:i-.latiircs of both I'ro- 
 vitiecM rie Hiihjeet lo he inxolved in irrilalint^ 
 discussions, which ni.iylend to iinieh evil, and, 
 what it) inoreininM-ili iU'iy prissinu;. the I'rovinee 
 of Upper ( aiiada if a!iMiliii<'ly unable (or want 
 of the funds whiehretiiiiin lockrd tip in ihetrea- 
 Hiiry of Lower fJiuinila. io puv herereditors. <»r 
 to hupport liie current expenses of her (Joveni- 
 ment. Hut I must declare I 8ee no reason for 
 Huppofline that nn Union of the Legislalnres is 
 required on this ground, for 1 sulmiit, in tlie first 
 place, that such an ('nion would by no laeans 
 get rid of the principal point ofdis:>greeinetit. — 
 the claims ot Upper-Cannda for the past. Those 
 claims must necessarily remain, the amoiitit 
 must he aflcertained and their payment to I'p- 
 
 Eer-Cnnada provide<1 for by some Act ef the 
 Iritish Parliament, notwitliMtandinc an Union, 
 and, indeed.aB far ns ro»pects the claims of I 'p- 
 per-Cannda for Dutie* already received to her 
 •186, and to be expeudcd, when paid, solely for 
 
 herhenefil, rnme tlifTif ully ni feganU Iheexrlu* 
 kivc approprialioii of them, would he crenled 
 hy an t'nion. Then in re^^ard lo the future 
 rcgMlalioii of the inierruurHe between llie Ivo 
 Colonies, the ineuHiireN huinhly prayed lor on 
 the part of t'p|>er-f'aiinda are such as it iti con* 
 ('cived no reniionnbic ohjeetton can be urged 
 ngainit. At all evenln llie liii|)eri.'il Parliament 
 can well judge of their expediency, and whether 
 they are siidi nit both Provinces om.rht to bo 
 content to acr|uie«ee in, and if either Provin<:e 
 he tint patient under regulatioim exacted by a 
 senmr of .lubliee diir to ihe other, it willlhen, 
 I submit, be time, as fur ait the desired end itilo 
 remedy these dililenllies. to prnjectaii Union a« 
 the only oilier method of attaining u necesttarjr 
 object. 
 
 nelievinglhen, nnl certainly do, that an Union 
 in not almolutety iieceH»firy on thin ground, it ia 
 next to he e<tnsidere(l wholher (iiere is anvthing 
 in the present Hiluiitioii of the two Provincen 
 which calls for n measure so importnnl in its 
 nature, and whiih may be altended withcircum* 
 Ktances ot particular inconvenience to encii. In 
 remarking iipcn tfie iadiicemeiits winch occur 
 tome,! can oidy s|)e;ik hypotlietically, tor it 
 m:iy be that His Mnjesty's (iovemmcnt are in- 
 duced to the conteinphition of an Union by con- 
 siderations of policy allo'^ether dilferent from 
 those wliicii present ihemselveB tome. I know 
 ihittiio Legidlature ul' l.ower-Canada have re- 
 fused to make provision for the expences of Ad- 
 ministering Justice and siip[K)rtiiig the Civit 
 (iovernment of their Province, in any other man- 
 ner llian by an Annmil Vote, a svstem ofpro- 
 ci'eding lo which I lid Majesty's Ciovcrnineiit 
 object, ns being contrary to the spirit of that 
 Coiislilntion of whit h they nre ready to avail 
 themselves of the privileges, and as placing ev- 
 ery Oliicer of the (Jivil Ciovcrnmeni, even those 
 eninisted wiili the Administration of Justice, in 
 a stiileof the most diingerous dependence upon 
 llie plcaein'e of llie poiailar branch of the Le- 
 pisj.iHire. I am aware too that the greatest 
 fiiiliiirra •; .<'i,ls nre (elt in cotidiicting the (io- 
 xeiiiiiienf oi I hat I'rovince. Ir.im the refusal of 
 the Assenililv to pl.ice the civil estabiishiiient 
 en any other I'dotiiig JluM'e may, no doubt, be 
 olher points also, on which the Asseinbly of 
 I (i\\cr C':in;i(iii, <-<nisi«lin;x priueipiilly ol jieople 
 ol I'rei'ch cMiMctioii. and Callioiics. exhibit at 
 Ic.isi an iniliili'ieiice to oiijects which in a P>ritish 
 Cohmv il is (i.'siialih* lo ntlvance. anil <;herish 
 prejudices v, iiii'b coiifme them to a narrow line 
 of pf)licy ivid iii:i!;e them hostile to improve- 
 iiieiiS whicli w'inid advance the welfare (»f the 
 Coioiiy, and render it a more imiortant part of 
 the i'litish Dominion. 
 
 Of these inconveniences it is imnos'sible (o 
 nay decidcillv. until they are more specific illy 
 pointed out. howfirlhey might be expected to 
 be removed by an Union of the Legishtnres, 
 but ,is to that fust mentioned, namely. Ihe cn- 
 barrassment felt at nresent in Lower ('an ida 
 from the refusal of the liCgislature lo tnike a 
 more permanent provision for the ( ivi! Li-^t. I 
 Confess, I do not see that it would be removed 
 hy such n ineaEiMe. for supposing llie f 'an-Klas 
 to he joined nccopding to their present scale of 
 
 il 
 
 i ;' 
 
8 
 
 ♦pprescntation. if overy Member from Uppci* 
 Cuiiiulii should coii-ioiitto n pcrraaiioiit proviHiuii 
 for the < ivil L-st. il woiilt! tjlill not be carrictl, 
 and without cxproHgiiiii; imy opinion upon the 
 question its it now MtsindH in Lower Canada, I 
 do not bv any moans think it safe to antit ipulo 
 that the IMendiers from Upper Canada, Mould 
 generally support the provision in the terms in 
 which it was required to be made. As to any 
 inconvenience that n>ny be fidt from tlie entire 
 preponderaney ol a I'rcnch Canadian interest 
 in tiie Legif^lature of Lower Canada, I <!o not 
 bee that liie eertaiiity o( (!^eir being cnuiiter- 
 acleJ by an Uni ii, is eillier I'ear enough or 
 clear enoin;h to make it advJHoablo on that 
 j^round II would he lonu; l>orire tin inllnenee 
 of the iMendiers iVoni Ipper Canada W(i(dd bo 
 an overrulin;; infliiiiice, and I tiiii k il do iliifnl 
 whelhcr, when it <'■ ' ... «uni(' >.,. Jkv winild lie 
 disposed to exert it iiielianijiifjjlhe iiileiiial nii>- 
 iiieipal policy of ihe oilier I'lovinee. eunlrary to 
 the wishes of nine tenlliij of its iiihaliilanlF, and 
 which, whether wise or not, was endeared to 
 them by long use. and had been so (iir ropeelrd 
 by the i3rilish .%'ali<iii tliat ihey had lier>n iiitlier- 
 to lel\ to change, or retain it, as they might 
 prefer. 
 
 That an Union of (he Provinpe.=! m'\shf add 
 to their slrensftli, In piixinfinm a Mioif pciU'ct 
 community of ii;',<'r('>l mxl H'eiin^', by siiliifi lincj 
 their Mililia to aii ir:il"irr:n s\»lcia of (!i^(i|ili;.c, 
 aiiJ by plaein;,' llicir njenns i.l' deli-ate i'lr.iin^t 
 a foreign csne ny more <'oiiveiiiently and etleclii- 
 ally at the disposil of ilio (.jovornincnt. — That 
 il niii;!it in time by tlie gradual operatiuii of lh«? 
 iiaUiral e.)ns('c|'i.':u('s of siieh an iinioii, iitako 
 tiie v.liole Colony inoie ctiinplelcly iiiii^liin 
 I'li'ir pyslein of Lihs. i:i tlitir cliuMfioH. in 
 llicir feelin;jf, and in tiu; ^.T'licral (cmiKT of all 
 • heir puhlie aet» — lluit it wutdd piddiirc an 
 uniform re<;nl:ilii)ii of li-ade tiiron.'-li >nt tiu- ti'r- 
 r lory, and insnir llic iiilore-t of r\,"\-\ [lart 
 brinn mado siil»M'r\if!it to llievrlt'aro of lli'' 
 whole, and tini it uonltl nccc^sariiv put ;in end 
 to all future diiiiriiilic- al)out dutio mhI drau- 
 baeks. by shnri'i<f anin.itr all the «n;(ivi,.ciil of 
 that in whicli tliey Ikivc all an inlcn-f. arc 
 general advaiifages, w iili-h tiioi!i.';ii ^niiic of ilicni 
 arc rather inddinite as lo (hf rxtcnt. and nnecr- 
 tain as lo Ihe period in wl.ieh lliev itit';lill)c ILIt, 
 might, 1 think, he rationally exi.;* ud. 
 
 On ihe oilier hand, f a.n doiilillnl of (lie prii- 
 «lenee ordi,-Mir!)iiin (lie present m~Ic:ii of tiling* 
 in the prospcj-l c>f llies«^ rather inde'iiilc and 
 distant advanlnijrs. and at tin- hazard of llie in- 
 Convenieiie<'s.«liirh iiavc sn:;ui'st('il llii-Mselves 
 to me, and which I will siiortl} stale. 
 
 At present things are procfeding pleasantly 
 and prosperously in I pper Canada. In l.owi-r 
 Canada they are not. but I do not (iiink an 
 Union would remove in llie least the dilllcullieH 
 existing there, and it micht have ihe bad etleet 
 of involving the one Province in the trouhles of 
 the otiicr. 
 
 The number of repreBenlatives in Upper 
 Canada is at prfsent less than in the Lower 
 Province, and would no douht continue so for 
 
 many years. The latter consists, with very frti^ 
 exeeptioim, of Canadian French, and I am ap- 
 prehensive that un Union of the two Provinces 
 woiihl be regarded with such extreme jealousy 
 and repugnance by the great luuly of the peo- 
 ple in Lower Canada, that on future occasions 
 liiey would even more studiously endeavor 10 
 exclude Knglishmcn irom their Assembly, and 
 conliiie their conlidence to those who would se- 
 dulously guard their old system of things Irom 
 innovation, and for many years I fear the peo- 
 ple of Upper Canada would find it difiieult to 
 obtain any appropriation of Hevenue to pur- 
 poses of piildic improvement within their Pro- 
 vince, or to gain sullicient atlenlion to their 
 local intere-iirt from an Assembly of whom the 
 grejiter nirnlx^r would be imliit'iidiy to tlieir 
 religion, and unacipiainted uilli their laws, and 
 jealous of their inlluencc. If these oiiiseqiienees 
 siiould Ibllow, tliev would retard tiie now rapidly 
 iiieieusing prosperity of Upper I aiiada at the 
 most cruicul moment. iNrhiips the ap|)rehen- 
 sioii is groundless, 1 state merely my own im- 
 pression. I'pper (/ana<la. it is true, contains at 
 present a luiicii less population than tiie Lower 
 I'rovince, the oiu- having heen lir^t sellle<l by 
 Kiiropeans only forty years ago, and the other 
 more than two hundred : but it is well known, 
 tiiat ill extent of land capahle of enltivatioiiv 
 ill the excellence oi its soil, and climate, and 
 con8e(|uenl e;»pability of production, the former 
 possesses almost unrivallrd advantages, and it 
 would he iiiiK'h lo he lametit«-d that these siionld 
 be prevented lioni developing themselves, by 
 bfinu; placed under the coiilrid of persons litllo 
 iiC(|iiainled with our agricultural interest, and 
 even a^e|■^e lo the system of teiinies and of 
 lius under which the Province has so sur- 
 prisingly llum'i.->hed. 
 
 'I'li.il il nc.nll be thus conlro'h'.l, at lea-( fur 
 lu ifiv \Oiii>. Id coiiie, i lake to h" eeilain, e-ii". 
 « iaiiv il llic Legislaliire slionld he eoin <'neil at 
 Monlreal. fir I lear in the |ires,'iil • t.iir ol" i p. 
 |..r ('ahnii. il would be diliieidi I) lii I (I.\i- 
 llemeii whotMuld so completely a!) i!tfl"M ilvir 
 own |pnr-nil". as to allend an annual i.e; i-I iii\e 
 Si's-iiiii el' ilirei' inoiilh-^. at ^o :,'r(Ml a dislaii*' ' 
 Ifoiii Hieli' liiK.'i"-;. It could Hot h- e\>ii'eled 
 lliat llie allendaiife of iMemlters from llie Ijijier 
 Province would be by any means so iiiimerons 
 even in proportion, as from l!ie Lower, and I "ee 
 nival rea-on (o a|iprehei!d that in any (|ne.-.lioii 
 ill wliieli Ihe interests of Ihe two Provinees may 
 come into competition, such f)r instance as the 
 proportion of lievj'iiue to be expended in L'pfier 
 (^iiiada. there would be liltle eliance for semo 
 time to come ol n fair deci-^on. I fear this Iho 
 more from the; conviction that the ina.-s of the 
 people of Lower ('anada would feel extreme an- 
 novaiice at the Union, looking upon it as ii 
 s( lieme to gi»eto the Knglisli population an un- 
 due aseendaney, and would b(> for some time 
 lillle disposed lo unite cordially with us, for 
 getting all distinctions. 
 
 It perhaps deserves also fo he considered 
 how far it is politic upon National grounds, to 
 unite two (colonies now distinct, thereby in- 
 volving on all occasions the politics of one with 
 those ui the other, giving to thcto the means of 
 
9 
 
 mnkiiig common cnnse in any unfortunate <llssen* 
 sion wTjicli might nrise, and reiKleriiig any tlis- 
 agroement, a cause of irritation iumI oI (lilliciilty 
 ill two Governments, whereas otlierwi»e it might 
 but affect tlie tranquillity ot one. 
 
 Several other coiisiJcralions ol loss impor- 
 tance naturally sunijost themsclvt-M. in wri^jhinij 
 the probable consftinences ol an Union of the 
 lie{);islatures. My desire has Imon to Htalc ^iii-h 
 as appeared most worthy otnoliro, and in lining 
 this, I bc)^ not lo be understood mm |)it'sniniii:f 
 to speak the scnlimeiils ol' (ho ( iuvoiniiK'ui, m- 
 of the Lefjislature of Uppfr Ciniiida. lur 1 ii:ii 
 neither authorized nor prejuircd to s-l.ile th ir 
 opinions upon tlie expedient y olan uiiio'i. u hicli 
 was never, within my knowlcdy,!', coiilempliilifJ 
 by either. 
 
 'I'hc representations from tlial Proviiiee with 
 whieh I am ciinrged, were i.ol intended. I am 
 eei'tain to point speeiliealiy to that end, and 
 indeed, tlie measures which I have takr-n tlie 
 liberty of projiosintf, and \ hicli are iiiuler tlie 
 consideration of His Maj('sl\*s (iuvernmont, 
 are wliolly of a diderent nature. 1 cannot even 
 pretend to say how far an Union would be 
 a<^reeal)le to the i)eople of Upper Canada pe- 
 nerally. I have rcas^un to think the mijority 
 of tlieir present representatives are uafavoraldo 
 to it, from a conviction that it would nut be bc- 
 iiefieial, thnui^h some of that body, for whose 
 opinion I have mtieli n>pcct, tiiink other«ise. 
 1 will lake the hlirrty of leinarkiiii; fnrlher, that 
 ihf Aet by which the I'rovince of '^iielu'c was 
 divided, antl the |>resenl separate Cio\ernment3 
 estiblislied, was lli<' result of «j;reit and long 
 delibcratioii, and if the clianp;'' ol s\stem so 
 laaliwed sliouM prove tlisaiirceidile to tlie inha- 
 bitants ol l.'oth (ireither (if the I'nninees. it may 
 be expeeUd that they will Ictl more deejily in 
 
 iroportion as it slial! appmr to have Icon 
 tastily «lecided on, and \uihunt an < pportniiiiy 
 laviiig been ullijided llirm of makin<i ktiowii 
 their sentiments. 'I lie |)eepie of Caiaida have 
 been ever treated by Ciriat Iritain villi a mild- 
 ness and u decree nf parental indulgence ihat 
 would make them the nore sensible to any ap- 
 parent vaiit (f Oonsideration even ol their 
 lielln!,^s. Anotla !• inaller occurs to me upon 
 whiih it is neerssary to t,uard against any er- 
 roiicoiis iiiipre.—^iini. The French inhabitants 
 <\ Lo\\<'r ( anada, lam firmly persuaded, are 
 us pjiueably disposed, as mu«'li inclined to 
 submit to aiiihorily, and as loyalh atlached to 
 the Hritish (iuvcrniiient, as any portion of His 
 rdajesty's snbjeels, and whatever trouble '.Iieir 
 li<|jre.-eiilatives may give by refusing to make a 
 jxrmrnei,! provisimi iiir the Civil List, or upon 
 <lurslions of Jlc'ventie, or o( any kind between 
 tliems«'l«es and the Kxtuulive CJovemment, is 
 rot to be ascrilied to the pieponderance of 
 I'reiuh inlliience (iver the l.nglish. but to that 
 desire «hieh is found in ail Assi'inblies to assert 
 to the iilniost t!ie share of power which tliey 
 tliink the Constitution gi\es them, a disposition 
 which 1 think the dcseentlants of Knglish, Irish 
 iind Scotch will be (ouiid as likely to persevere 
 in, as the deseendantsof Frenchmen. It is not 
 my desire by any thing I have said, to lead to a 
 ionehision that the Legislatures should not be 
 united, unless that inierence shall appear to be 
 the sound deduction tiom the considerations I 
 have stated. 1 have set down what presented 
 itself on both sides, anxious only that the deci- 
 sion may be made on sure grounds, and not 
 formed upon erroneous conceptions, or expec- 
 tations which are not likely to be fulfilled. 
 
 A Tiit'E Coi>v. 
 
 (Signed) G. IIiLHER. 
 
 COPY. 
 
 London, August 27th, ll!2'2. 
 
 MR, 
 
 I have the honor to report to you, 
 Jnr (he informalion of His Fxccileney tiie l.ieii- 
 leiiaiit (ii)vernor, that the Hill which His Ma- 
 jesty's (lovernment had delerinincd, previously 
 to my letter to you, of the Kith May last, to 
 proposo to Paiiiament. and of which I comiiiu- 
 nieated to yon the heads, wiis sulmilted to llie 
 1 aw Olhcers of tho Crown, whose eoiisidi'ra- 
 tion of it nceossarlv oeeiipicd some time, and 
 retardf I its i'ltrodnetion, and t!ie .'^e«;retary 
 ol ><lal^ for the Colonies having in the mean 
 ti'ne deemed it advjseable to incorporate with 
 this Pill, the provisions for regulating the in- 
 land intercourspof the Canadas with the United 
 Slates of America, which the change of sys- 
 tem lately adopted with respect to the trade 
 of the Pritish Colonies, rendered neressaiy, 
 a fnrlher tlel.iy was occasionetl, and near the 
 eod of the month of May. the Pill, embracing 
 these reirnlations of trade, and the several 
 enactments of which 1 had sent you the heads, 
 
 Mas brought into the TTouse of Commons, 1)y 
 Mr. ^Vilmot, the Under Secretary ol State liur 
 the Colonies. 
 
 The extreme pressure of Imsiness before 
 Parliailient, occasioned the postponement of its 
 suhs('i|iient stages. I'roin day today, but as soon 
 as it < ould be again taken up, it was read iv 
 second time without opposition, and [lassed 
 through Commitlee, and at the instance of His 
 Mnjcsly's Ciovenimrnl. il was ordered to be re- 
 commilled on a day as distant, as the a<Uai:C''(l 
 ])eriod of the S«'ssion would admit, and in tlie 
 mean time to be printed. One ol the copies 
 of the I'ill tiins printed forlhe use of llie Com- 
 mons. I \\n\r liitciv sent to you. Upon the dis- 
 en^ision w hich b-ok place nller this delay, seve- 
 ral members objected slrenimnsly to the imme- 
 diate passing of that part of the Pill which pro- 
 vided for the Union of the Legislatures, on the 
 ground that it did not appear that the people 
 of the two Provinces wr'rf> aware that so great 
 a «'hange was eonlempla'e 1, aiul thai they 
 might have (dtjeetions to otli-r. which, whatever 
 niii;ht be the decision upon them ultimately, it 
 
10 
 
 Wns contrmlcil tliey oiiplit to have an opporlu* 
 iiity ol'iir^iiii;. Tlin rxijodicucy of thf CHatij;c 
 ])ri)posc<l, was not dcniod in the discussion, 
 sind it w.T^ allinned by (lioso who interceded 
 t'orllip dclf^y. thnt ndinilfiiig the Union to bo 
 rxppdient. the terms on which it wns proposed 
 by the Bill to dYi'it it, appeared equitable and 
 proper. The obj^Ttioii went only to the iiiex- 
 podienry of passinij a Bill at tlie late period 
 of tlif Sr-ssioii, eiri'ctiii;^ nn important cliange, 
 of which it was allo.-xcd thTC was nothing l)e- 
 foro the House li> [novo the necessity. — wliieli 
 :nd not br-eii soli^ilcd on tlie part of cither 
 of the l^ro^!nre>j. — ^;id to wliieli it was possilde, 
 one, or botli of tlicin. mi2;ht be very ti-.uch op- 
 posed. These rbii-rtioiis were over- ruled liy 
 n £!;reat n^ij<iritv ol' the fdombcrs present, but 
 upon a su!)se<]ii'M? discission wlii< li lock ; !;'.<'e 
 on the "ZMl of July, His Rb'jcs'y's ^Aiinistors, 
 lliidino; that tlio-e who had objt>( ted In pa^sin;; 
 duriiii; thf' pres'Mit Session those elanses which 
 respeetod th" Union ol' the l.oirislalnres. per- 
 sevfred in tl>"ir opposition, on the ltouikI thry 
 liad fir-t taken, declared therrisrlves nnuiHin^ 
 1o press the innaMirc. (iiidio.'!; it did not meet, 
 as tlicv liad r\|-.(Mii d it woidd. wiMithe f^f-iirral 
 roneurrcnc'' ni' Iho House, and proposed ihorn- 
 fselvp-i. \v!iat had b'-rn sii.;iested c:i llie former 
 debate, that so much ol tlie Bill ns relnlcd to 
 tlie Cni'.stitutio?! of the ('a!iad;is. sIioiiM be oo- 
 parated frmn tlio irsf. nnd be broiif;lit in as a 
 separate Bill, and -iKiiid pass so far lhroui;Ii its 
 ordinary sta;;. ■•,.;> to tui.'Mil ol' its iuiij; |)iiiilcd, 
 in order thai it mi<dit lie over for coiisidfration, 
 Bnd an oppo''h!f''i'y be allbrdcd l"» tlio inliaiti- 
 tantsof the two I'ro\ir'ers. to make any reprc- 
 («*»ntalions tir y nit^Iit drsirc. It was f\prossly 
 declared, ho^v<•ver. ly Mis Mnjpsly's Miiii-li is, 
 that as thov wore entirely coiuincod o|' (lie cx- 
 pediericv. :'inl even ol' the I'oco.^-ity. of t!io 
 measure, i' ev o- ly di'lirrred it fir tlio pr; ;-fiit, 
 lost the oipo-iition which bad l.ceii iiiiONpirl- 
 edlv iT'ven to il. l!ioiru!i oidy wiih rfspcc' to the 
 time ol its p'-i'-iii^. might excite a prrjiidice 
 ncjaiiwt the Mill, i'l lii'^ minds of llic poopio of 
 Can:ida. and iiidrr'> (beiii to ae(;ir'esce h >s 
 clicrifullv tha'i t' cy otliorw ise wraild. in any 
 practical ine'irivpt.icuc*": wlii<"!i mi^^lit at (irst bo 
 felt fotn the c'lai :,(". That they would there- 
 fore L'ive tinv^ (iir an oxn'^o'^sion of opitiioti. luit 
 that tiioT wo'il 1 proceed with the mea'^iire ijc 
 next Session, imle'ss '•ome ijood j^rninids should 
 besliown for siippo'^iiii; that the I. nion «"<>i.tr"m- 
 plated. would be iijnrii'iis to liie n;renl iiilerr"-ts 
 of the I'roviiK-es. That lliraiuh they ari'eded 
 to it. they rec;reik'il the dfday of a iKcasiiie 
 ■nhirli app'^ared to tliom the best calculated to 
 renieve all fnlinc di()erciiee< betwecMi the two 
 Caiiadas. and to promote their nitiroale securi- 
 ty and prospt'riiy. ii'id which thoy tbounlit. bad 
 it passed as they anticipated by the (inaiiimous 
 voice of the Brilir-h Parliament, would have 
 lieen received with the same conviction by the 
 I'rovinces theiM-tdves. With this declaration 
 fif their present impression, aid of their inten- 
 tion for the future, they moved that the roni- 
 tnittee shoii'd be instructed to divide the Bill 
 before the I'ouse into two parts, and that the 
 tirst, comprehendiiis the propos<'d Union, should 
 1)0 pro»-;-ened in i.o further, at present, than the 
 second reading;, that il mi;;iil be printed, and |. 
 
 lie over (o the nex4 Scsfion. The UUtir ]j»rt 
 of the Till, Pinbracing tl>c provisions for rcgU* 
 latiiiji the inlaikd trade of the Canadae with the 
 United Stales, and the several enactments fof 
 invrslijnliiif; and settling the claims of the Up- 
 per I'nvinco upon the I-ower, and rrspeeting 
 tlie future distribution ol the duties to be levied 
 in the latter I'rovince, ujion importations by 
 sea, (of the urgent necessity of which eiun t- 
 nienls. ns well as of their justice, the House de- 
 clared themselves satis^ed,) was oan subtiC- 
 quenl day reported by tlie Committee. 
 
 The po«tponement of the proposed Union of 
 the Lejiislatures, and the possibility of his .\la- 
 jesty's (iovernment, on furiher consideration, 
 reliiKpiishiiifi; the measure entirely, (which sup- 
 position hiiweverl have not the slijihtest ground 
 for entertaining.) rendered it necessary to pro- 
 vide in the I'ill about to be passed, against the 
 recurrenceoffutureiuconveniei.ee to Upjier Ca- 
 nada from the Acts of the Legislature of the 
 Lower Province, which would not have been ne- 
 cessary, or which could not consistently have 
 been cfone, had the Legislatures of the Uanadas 
 been uiiied. 1 therelore submitted theelauseB 
 imudiered -I'.l and 29 In the Act, as it has passed, 
 nearly in the terms in which 1 had lirst proposed 
 themin the draft which 1 laid before Karl I'at- 
 liiirst. previously to the measure of uniting the 
 Legi-latures being resolved upon by His Ma- 
 ji'siyV (iovernment. The necessity also of pro- 
 lectin'^ the exports ol Upper Caiuulii agai:ist 
 taxation, director indirect, by the Legislature 
 of Lowir Canada, which is much iii'-isud uj on 
 in I lie Beport, impelled me to press for the 
 adoption of the ( lause iNo. 30 in the Act. and 
 1 accordingly submitted it to the Under Sf cre- 
 tar\ of Sliite, with the explanaiions contained 
 iii my letter to biin, of which a copy is sent 
 bertwith. marked (A.) Objeclions we. e called 
 fur. ai.d nr:;ed in writing on tiie i)art <if Lower 
 Canada, a^^aiiist this clause, as against the 
 enaelmoiits before proposed, and I'ail Bathurst, 
 li:.\in:; decided upon the reasonablei;e>-s of a(- 
 liTilii.n t!ie protection, it was bubmiUcd, and 
 pas,,(\| by the House. -, 
 
 Willi lliese and other amendments rendered 
 !ieee-sa:y by the division of the Till, it pasi-e<l 
 tliroiiirh Its subsec|uent stages, and was assented 
 to on I he .'ilh of August, the clause respecting 
 tenures of Lands in Lower ( anada. having, at 
 lli(> suggesiion of several iMend)er*' in the House 
 of Coin!i;on9, been incorporated with it. as 
 being one of unquestionable benefit, and not 
 conneeled with the measure of uniting the Le- 
 gislatures, nor requiring on that accuuut to be 
 post|)uncd. 
 
 I now transmit to you, to be laid before Hia 
 Excellency, the Act which was passed, with 
 such explanations as occur to me. staled in the 
 paper marked (B.) aiid also a copy printed for 
 the use of ihe Hous<> of (Commons, of the Bill 
 for uniting tlic Legislatures, m hich it is intended 
 to propose agtun in the ucit Session of Par- 
 liament. 
 
 V.'ilh respect (o the first, I am confident in my 
 expectations, Uiat the provisions it contains for 
 
11 
 
 itiet |K>ri 
 fior rcgO" 
 I with the 
 
 neuia for 
 ■ Ihc Up- 
 
 ■.h emu t- 
 louae tl«- 
 a uubtte- 
 
 Unlon of 
 r his Ma- 
 iderntiuii, 
 iiicli Kup- 
 •st prouiid 
 ry lo pro- 
 ^itinst the 
 'pjicr Ca- 
 ro oi (lie 
 • bmi tu» 
 iitiv liiive 
 ■ C'anatlas 
 10 rlaiist'B 
 as passod, 
 propoKfd 
 Kiirl lat- 
 mitiiip; ttic 
 HisMa- 
 Iho of pro- 
 a :iiriii:ist 
 .rj;islan!ie 
 ilrU'd u[ oil 
 « lor I he 
 Act. iiiitl 
 or S« crr- 
 coiilaititd 
 is split 
 «'iO callccl 
 (if I,(i\\or 
 i;iiii!-t (lie 
 nalliiirst, 
 O'-s of a(- 
 Uid, ami 
 
 romlorrd 
 it p;iss-c(l 
 « assciiU'd 
 rrfiprrting 
 haviiii;. at 
 tho lluii&c 
 illi it. as 
 , and iKit 
 
 lUiil to be 
 
 loforp ITis 
 srd. with 
 tfd in tlic 
 irintod for 
 if the riJl 
 s intruded 
 n of Par- 
 
 dont in my 
 uulains for 
 
 ^Ajustlng the rioims of Upper Canndn, ami fof 
 prcveoting future injury to its trade or Kevenue, 
 py (he Acts of the other Province, will he ac- 
 ceptable to His Excellency, and salislactory to 
 both Houses of (he I.c^islattire. as they con- 
 firm in all respect's tiie |)riiiciples contended 
 for, ai>d afliird, as iieir'^ as pofbible, the reme- 
 dies reeommc'ided l;; ir Itrport. The plea- 
 sure I feel at the so; lal issue of exertions 
 which have been ^i r?.tiariiy attended with 
 much anxiety. Irom n/} i:ii})res>ion of tiie value 
 of the objects conlendtd for, {greater even 
 with respect to the future than the pnst, would 
 be much lessfiied, if I did not think «>very one 
 of (he provisions, perlcclly reeonrilerdilc wilh 
 thejiiHt rights, and by nu means injnrKiis to 
 the fair interest, of i-ower ('anada ; ami even 
 with this conviction on my mind, it is a s(roii<:; 
 additional source of satihtaetioii, that not one 
 of these measures w.ts <!eeided upon, or even 
 discussed or proposed, before his Alajestv's Go- 
 vernment, but in the iirrenee of (lenllcmen, 
 whothona;!' they were not accredited Agents of 
 Lower Cannda, were Iroin tlieir sitiuilidiis. and 
 tlieir experience in that Troviiice. pcrfcclly ae- 
 «{uaintcd with its inteic st-s. and «ell qmiilfied by 
 (lieir talents to represent them : and Ihatobjee- 
 tions from ihese persons to the (I;iini>< o( I'p- 
 per Canad^i were not only received, but called 
 ibr. 
 
 With respeel to the Fill foredeetin!: the pro- 
 posed niiicn. Mis r.Mcllcny v.il) re;i(iil\ niider- 
 stiind, from my forr.fr coiymuuiealions. how 
 much I have been reli'ned by the manin'r in 
 wliieli it has been disjisctl of. as it will aUbrd 
 to the I'eopie (..i bdtii l'r(>\ iuees. an opportuni- 
 ty of roitsideiiii::; It lure hand. (lie probable 
 cuiiscqnnncrsora ve!\ material rliange in their 
 roiisliliition. uliich wi;!i ail t!ic relleetinn 1 have 
 been able to j;ive it. J eoiifi^ss I should be ex- 
 frrmelv sor?". i![-on my own jiidfraient, miaide<l 
 Lv tho opliiicr! vi' lliose etinally intere. '"d in its 
 (ipnr.itiou. lo be in any demee instrumental in 
 piomotint; ordeteatii';r- On the one hand, had 
 mv fust iiiipribsmn Mitli rcHjieet to the policy of 
 n .ilii'^' the I^egi»l.\lij;i--. bfen other ihan it was, 
 1 should not have ve;i!ii;<d. (esjiecially in the 
 jiiii'tict !ar situation in whieli I stood) without 
 bilii;: ii strnelo*!, and e\en wiliiout beiitt; ac- 
 ()ii ji 1« d with the seiilinienS of I lis I'.xcflhiM'y, 
 or of the Ijegislatiire. or (lie jicople til" tlie I'ro- 
 liiKC. to urge a meii>urc of -o iniporlaat and 
 d<Tira(e a nature, ( >n llie other iiiuid hriptjtlie 
 bcaier ofati appeal ii'oia the Lciii^lalij-r' of I p- 
 per rat'.ada, \*hieh staled injufies re-'ulliii^r 
 iVom (be present relative si'dalioiif of ihe two 
 Provinces, wliich it v^as declared must lie rui- 
 nous if sulli^red to continue. an<I Ibr which in 
 entire reliance was expressed in tiie wisdom of 
 Ilis Majesty to provide ns a remedy. I felt that 
 I should be neting most ineonsi^tently with the 
 situation in which I stood, if without instnietions, 
 and merely on my own i<lca of their unfitness. I 
 should fly in (he face of the measures which Ilis 
 Majpsty'8 Coveniinent projvjsed as most likely 
 to yield ns the secmity we desired, and which, 
 for all 1 knew, mi^ht appear in the same light to 
 most of the inhabit iitB of the Provinces. It 
 appeared to me clearly that I eonid <!o no morn 
 than to press respectfully the adoption of other 
 
 rooasure?) which appeared lo me preferable, and 
 to state plainly to (lieGovcrnmcnt, the result ut 
 my own consiileratioii as to t!ie inconvenienceB 
 which rn!y;ht bo apprehended, and the benefits 
 which mitrjit be sadly anticipated froman union, 
 and this t did a^* liilly as was in my power, not 
 merely in a wriltoi paper in wliicli what occur- 
 ed lo me was iiocesBarily tlirown together hastily, 
 and on (he fnsl iaipression, but also verbally, 
 on all occasions iii Hliich I was consulted. In- 
 ileed, the icndy access atlbrded to me, and 
 to ail who ijianili'sted any interest in theafliiira 
 of Canada, while tli'.'so measures were under 
 discussion, and (!io iirii-oscrved personal eoin- 
 niunications. with uliir.h we were honored by 
 Karl natlniist, and iiy (he Under Secretary of 
 State, prevented (he nreessily of a written cor- 
 ro'spoiideiice. WIi'mi His Majesty's Government, 
 after heaiiii;:; all that cniihl 1)0 urged, rcsolv<;d 
 lo piopo^e t!ie Union, and wiien 1 knew that 
 many monitors of t!io House of C'ommoti^ who 
 li'eqiii'iitly o[-piiscd l!ie iTieasiires <if tlic Gov- 
 erir.riciit. wcrf siir>p')t-(or« (ifliiis, and that there 
 was e\ ery roa'^tii (o believe it would meet w ith 
 geneii'l ccnM'nrrer.ee, I poiceived clearly, that 
 n.'upialitiod opposition on my part.liad I tliouuht 
 the mefisiire de."i(Ie(l!y called for it, besides 
 bc'iag fnii!!i"^s, and in I'lo eiiaracter in which I 
 stood, uinvarraiiloil, mi'^lii have embarrassed 
 and rendered ineircctual my applications iipaii 
 the oilier points, and would have deprived lae 
 oftii:? o[)pnr(nnity of interceding for those modi, 
 licalioiis of llie [tropnsed union, whicli if the IJill 
 siiuuld pass, will secure the interests of Upper 
 Canada. I tliink, in the most important points, as 
 inue!i as they can be secured under tlie c:hange 
 of circumstances, and which perhaps may in the 
 opinion of its inhabitants render the measure 
 ullimHtely bi;neficial to tlie Provinee, and re- 
 concile thoiti to any pr<'sent pr.-xclical inconve- 
 niences that cannot be avoided. 
 
 It may be satisliictory to Tlis Excellency (in- 
 asmuch as I may be sujiposed (o have been i;o- 
 verned by inslriictions received before my de- 
 parture) to learn that tlie line of conduct which 
 I had pursued witli re3pect U tlio union was dis- 
 tincily stated liy the Undersecretary of .Slate 
 in the (Ioih<> of t^oniinons. In answer to a sug- 
 gestion expres-ed by a member that il was a 
 measure urged l»y U[>per Canada tiiroii;;h its 
 Agent, III opposition to the interests and wishes 
 of Lower Canada, he corrected the misappre- 
 InMision. by declaring thai it originated entirely 
 wilii Ilis \lajesty's Government, and was not at 
 tile instance (»f eitiier Province, that so (arlroiii 
 sorfiting it on tlie part of Upper Canada. I h d 
 resisted il in its introduction, and liad ncvr 
 urned it publicly or privately, that I had atJord- 
 ed every inlbrmalion required of me. and had 
 staled merely my own impression as to the nr- 
 guments for anil ai:ain«t it. What may be the 
 opinion enlerlained in Upper Canada upon iIk' 
 policy of the r>ill as it now stands, F am all^re- 
 ther at a loss to anticipate, and now that an oji- 
 portiinity i«! a(r>rded ofjudgintr of il. with all 
 its details, it is iinnecessaiy that I should e;;- 
 press my own, because it is no longer of coti^^"- 
 (pience. It is due, however, ti the confiden'^e 
 reposed in me. tostato every (hii:- viliiin imv 
 knowledge which may give to the Province, tlie 
 
n 
 
 : f 
 
 foil bonrfit of flio tlelay which has occurrctl, 
 mill I will thcrflore luM tiint it n|>pcHrs to me, 
 J lis .VIi(jp!»l_v'H (.JovpniiiUMit remains ns strongly 
 iiii|)ros»P(l ns «'ver with ihn conviction that the 
 r-onttMnplated union would very much mid to the 
 importance, oimI promote the prosperity of hot h 
 Provinces, niid that I have therefore no donht 
 OS to their present determination to press tlio 
 I^ill dnritifj the next Session. And as it ujust be 
 ohviouH that tieilher the Government nor the 
 I'arliament of (his country can be inlhieiici<d in 
 their adoption of the measure by any ollu-r 
 ))ossihle motive tiian a desire (o advance the 
 welfare, and increase the value of the Colonies, 
 so it nuist be expected that if notwithstanding 
 any objections which may !»e urjjed, it shall ap- 
 pear that liic union will i»poreatiy beneticial to 
 the two Provinces combined, an apprehension 
 of slight practical inconveniencies to eillier, or 
 n more general repuirnance to the measure not 
 accoinited (or en rational t;ronnds. will not be 
 Hufl'ered to prevent it. I state this in or(U>r to 
 impress my coiviciion that it will be inipoilant 
 principally to rotisider the pcrnianent cnnse- 
 • juences. and the Icil incc of good or evil, likely 
 lo arise, n\)<\ I sIk nid (eel it great injustice to 
 His Mnjesly's fiovrrnment, not to add an n**- 
 surance, fro'n my own experience, that I'epre- 
 Hcntations up in these subjects, rcspcc-fidiy 
 urged, will be sure to bo patiently rt ceivcd, 
 and most scrn,vjK,ii:-lv v. cighed. 
 
 As to thn pri,'i:i! i(> dclerrninalion of Parh.i- 
 inent upon tli" tiirn.-nre. 1 can o.ily )^lall^ ihiit 
 1 atlendeJ t!if? di.-fM-sin-is upon the I'iil, and 
 thit 1 heard ho oppusition whatevr r ollered to 
 ihe principl". ImiI th. t the expediency ofu'iilin;,' 
 tlie L<'gislaliir<'-. s<vi'i«(! to he (he prevaiiingopi- 
 iiii)ii. a id I'l it hid the Ciovernmciit pre-isr'J it 
 the las; S.>-sii»i. ('ii» nmnlier of those wlio re- 
 fiisled on t'l- >.'v.vii id nt time only, was by no 
 inoTtis SM Til"! "if to l,i\e prevented the liilt 
 jvjssi'ijr I in 'lii II |lic-.c f:i' ts that ihey in ly as- 
 f-ist in (or:niiir a jn !i:iM!'nl (if the prolcible i--iie 
 of the uie;isii:- '. It \' ns siigijesled in disciis- 
 fion ill the llin-e. Iliat witiu's^es ^l)(lldd be 
 rxninined at ih • Har. as in iheyenr I7!M. and 
 either I'mvi'"-" lic.iril |iy Connsid. it' it re- 
 f|iiest»'d it. \V 111 !-li'[>s tlie I'mviiu-e of Lower 
 f'anada iinv tike. I <',-iniiot eoiijcctiire ; soiiu* 
 few merch lilts here, connected with tliat Pro- 
 xincp. pelilionfi! a( a verv bite jieiiod of the 
 .•^es^ion. in fivor «if the Hill, and tln-jr p'-iilion 
 lias been ordered to be printed. Other uenile- 
 meii of the s-mie class, preferred a remonstrance 
 to Mis Maje-ity's (io\eriiineiit ajxainst it; and 
 Mr. Marryalt a \Ie nbi-rof the Hfiii-e of Com- 
 mons, declared that he bad received many com- 
 miiiiicatioiis from persons coTineeted with that 
 I'roviiice. who were unfriendly to the I'nion. 
 One thing strikes me as most important (o be 
 af tended to ; — Hhalever may be the opinion as 
 to the Hill in its present sh tpe, .and lliat is, that 
 if the ch insre does lake place, and in conse- 
 quence of the representations «if Lower Ca- 
 nada, i( should be efFected upon (erms which 
 will give to Upper Canada, less in(liience in the 
 joint repr<>sentation. or without any of (he re- 
 9iri(!tioiis interposed to secure its interests, it 
 iTiiv have (he f'fTert of niakini; (he ht(er Pro- 
 vince a mere dependency upon the other, which 
 
 ! cannot hut believe would be TPry fatal to Hb 
 growing prosperity, and that conse<piently, it 
 s most iiiipoitaiilif the l>ill should |)ass, that 
 t should pass i.i these respects unaltered, 
 
 IS 
 
 Nothing further occurs to me which it can be 
 of service to state respecting this measure, but 
 it remains that I shiuld entreat lli^ Kxcellen- 
 cy"s eiiilicst attention to the verv perplexing 
 situation in wliich I am placed by its being thus 
 <lepeii(ling. The business which I was deputed 
 to urge is fully nccomplished by the Act which 
 I now send out, and iiotbing remnins of those 
 matters with which I nm officially charged, 
 which should longer detain me from the dis- 
 charge ol ipy piibhc duties, in the Province, or 
 iromatleMliiig to my private nflairs. from wlwch 
 a much longer separation will be nltended with 
 serious iiicoiiveniencc nrid loss, Imt feeling 
 deeply the interest which attaches to the ap- 
 ]'roacliiiii;dis(ussion, it appears to me that (ho' 
 the coiilidence of (he Goveriimcnl and of the 
 Legislature was reposed in me lor other pur- 
 poses whicli are hdiilled, ! must in (his unfore- 
 seen s(ate of thuigs, consider myself so fir the 
 I'liblic Agent, thai I cannot, at least without the 
 sanction of I lis Kxcellency, withdraw myself 
 from this (oiinlry. before the measure is dis- 
 posed oli in liie result of whiidi, and indeed ia 
 its minutest details, the (utiire political state of 
 the Pio»iiice, and conse(|uently itswtllarc a. id 
 its liajipiiiess arc so deejdy conceriitd. 
 
 To .attend to (he furllicr progress of tliis mea- 
 sure, as representing the interests ot Tpper-Ca- 
 nada, iii\ol\<<s a responsibility wliirh i wdiild 
 most wiliiiu'.ly see committed to other hands, 
 but which it |Hissessed of the c;ontideiicc, and 
 inliiiiiied of the sentiments niid wi^hes ot the 
 I'idvince. 1 could not properly ilecliiie, and 
 liufii whit'li at all events. 1 should feci it a re- 
 |ni;ich to (ly It would be wry gratilyiig to 
 me to MS*ist in the tielitieratioiis to whuh iho 
 :>.'ril:itinii I'l this ipi(>stion will proliably lead, in 
 the I ,egi>l.»ln;e of the I'rovinre : but liot \vl 
 (I'ter'iiihcd what i-onrse to take in a siiiiatioii 
 ^^ hit li many ronsiderations concur to render \r- 
 1 V eiiiharri'-s'iiff. | li,i\e «'ndeavor''d in this and 
 fanner «oniiiii:iiealioris, to [ml Mis I'\rili<'ii('V 
 i I po,'.se>-ion of all (he iiilonnation w hirli I could 
 roninninieaie. were I present, either res|)eeliiig 
 the Pill de|iending. orlh<* Ac( which has been 
 pa--ed. I lurfret whether in my note written 
 l:a<lilv to Mm immediately on my peiceiv ini: the 
 pr.il, ability ol'ilie present result of tiiediscussi.n 
 bef-ire till' rarliaiiient. ? maih' any observalio'is 
 (Ml the •.jiiiatio't in which it placed me. If in the 
 satisfaction I I'll in tic prospect of that result, 
 such a coi'sifj'r ilioii did riot so imniedlatelv cc- 
 lair to ii'c. I think il will not liaie (iiiled lo sug- 
 gest itself to Mis Fxcelleiicy. and I earne»tly 
 hope I may receive «oine communication (rom 
 yon. in answer to lliat note, whicli may put me 
 in possession of Mis Kxeellency's sentiments on 
 on that head. If not. I lake the liberty of beg- 
 ging to be (avored with them ns speedily as pos- 
 sible, in repiv to this letter, hi the former case 
 (he cominniijeation would certainly arrive in 
 (ime, and in (he latter, it possibly might, (oen- 
 ;ible ID" to return to Canada, so as to attend (he 
 .Session of the Legislature at the ordinary pe- 
 
 rJeini 
 
 I wi 
 
 scows, 
 chietly 
 their w 
 a sum 
 years a; 
 remaiiii 
 vince 
 AcKiuii 
 It is 
 men, 
 arnouni 
 coiiiitrv 
 tia 'e. 
 profits 
 rect to 1 
 ly payi 
 They a 
 porter, 
 of trad 
 flour c> 
 since tl 
 bnaigh 
 Faltic, 
 that ol 
 comes 
 to say 
 againsi 
 vince < 
 hope, I 
 
13 
 
 to its 
 Mitl), it 
 , tliat 
 
 rinil, if Hit) Excellency sliould think I iti!<jlit with 
 propriet)' leave this Coinitry. 
 
 1 Ikivc the honor to be 
 
 SlH, 
 
 Vonr most obedient 
 IJunihlo Servant, 
 (Si^'ned) John 13. Koui.njo.v, 
 
 To 
 
 Major HiLr.irn, 
 Secretary to His Kxt;«'llency 
 
 Sir P. MArrr.AM), K. C. B. 
 
 Lt. (Jo\ eiiior, kc. &.c. kc. 
 
 COPY (A.) 
 
 Sir, 
 
 July 21th, 1822. 
 
 I now submit to yon the clans-e 
 respecting duties imposed in I^ower Canada, 
 upon Scows, Kalis, kc. passing tiotn Upper- 
 Canada, through its waters, upon which 1 spoke 
 to you yesterday. 
 
 neing entirely prospective, it was iinnocres- 
 sary to propose it while the me.isure Ibr nniting 
 the Legislatures of the Provinces, formed part 
 of the Canada Hill. In addition to w hat 1 have 
 already urged on this subject, 1 beg (o refer to 
 pages '.][) and 40 of the re|)ort ol the L«'gisla- 
 ture of Upper ( anada, in w!ii< li tlie rates in 
 question are compiuined of. and to page .W fov 
 a copy of the Act by wliicli tlicy are imposed, 
 and by which it uill be si-cii that those rates are 
 ■very considerable in amount, and tliat as they 
 are raised solely by the legi^Iiitiire of Lower 
 Canada, so they are to be expended solely at 
 its discretion. 
 
 I will only add thnt (Vnr and lumber are the 
 principal exports if l] |'rr Canada, the former 
 of whieii IS sent (!( wn the Saint Lawrence in 
 scows, the latter ii' rails niul rribs, and tluit 
 chielly upon these rvports of L'ppcr (^iiiada, in 
 their way (o Cire.nt I'riluiii, eiloioieign markets, 
 a Slim has been Ie\ in! nndci (I's Act, which tuo 
 years ago had aen niiilnted Id t")('(iO, and wliiih 
 renmined in the Tk mmv el the Lower Pro- 
 viiKte uiiexpendi i!. '•-- apueared by the Piibhc 
 Acrouiits. printed It order of i's l.egis-laliire. 
 It is se; rcely end'! !e by any Imt iiiereaiilile 
 men, l,(iw serioi: !;. iit!poMiiiin« of nineh less 
 amount than the-c e;) n the staple article'^ f)f a 
 country, may opr'ra'.e to the | ri jndiee of its 
 tn 'e. especially In tli'- ] re'^ent | eriod ot' low 
 profits and uiiceiiain !ii;nl-e!s, and ii is ineor- 
 rect toimairiiie t!:al iIm- e'in>ni:ier vlin nliini.ite- 
 ly pays them, is tlie odv pcr-on diimiiil'r^i!. 
 Tiiey are dednetiniis iMiia tin- inoiiisof the ex- 
 porter, or rather, in the present demc-'icil slate 
 of trade, they a'M li> bis |i)s«, and wlien ear 
 flour can scarcely find a market, and our limlx-r, 
 ■ince the late regidalionH. ean with dillirnlty lu* 
 br'iught into e(^inp<'liiion witli that Irnni tlie 
 Pidtic, the addition of these rales, partieiilarly 
 that of 79. 6«l. upon i'\«'iv '"lib of timber, be- 
 comes a coiisidtMatidii of ^ery serious nioinent, 
 to say nothing of the neeessity of protecting 
 against a principle, which would pltice our Pro- 
 vince entirely at the mercy of the other. I do 
 hope, therefore, that his Majesty's Government 
 
 will see the expediency of adding the proposed 
 <'liiuse to the bill, as it has no retrospective ope- 
 ration, and goes merely to prevent in future such 
 taxes being levied upon the people of Upper 
 Canada, under any pretence, leaving the im- 
 provement of the navigation, an object equally 
 interesting to both Provinces, to be provided 
 for by such means as they may both concur in. 
 I have tiie honor to be, 
 &c. kc. kc. 
 (Signed) John B. Robinsov, 
 Comiii'r. from U. Cattada- 
 To / 
 
 RonrRT Wir.MOT, Ksqiiire, 
 Under Seciflitry of Utate, \ 
 v?r. ^c. ^'c. $ 
 
 (B.) 
 
 The two Acts recently passed for " regu- 
 ^^ J latiiig the trade between His Majesty's 
 possessions in America and the West 
 Indies and other parts of the world," 
 : 0. 2 And " for regulating the trade between 
 His Majesty's possessions in America 
 and the West Indies, and other places in Ame- 
 rica and the West Indies," place the Commerce 
 of lite North American Colonies on the most 
 liberal footing. By the first a direct trade is 
 ojiened to our shipping with all foreign Coun- 
 tries in Europe or Africa, and it will be found 
 that the list of articles to which the trade is 
 restricted, embraces almost every production 
 which we could desire to import from those 
 Countries, since whatever this Kingdom manu- 
 factures could not be procured by us of so good 
 quality or so cheaply elsewhere. Our trade 
 henceforth, with foreign Nations is open to us 
 as freely as to our fellow subjects of the United 
 Kingdom, with this advantage over them, that 
 the wines or other merchandize we may import 
 from them, are not subject to the same heavy 
 impositions. What we ran find to send in re- 
 turn is another consideration, upon which must 
 depend the extent to which we can avail our- 
 selves of these advantngiL's. An opportunity 
 is given if we can improve it. I learn that by 
 another Act passed this Session, the same pri- 
 vilege of trading to the East Indies which h.is 
 been given to private traders of the United 
 Kingdom, is with the same exceptions extended 
 to the Colonies. The circumstances of the 
 Colonies may (or some time render this privi- 
 lege ol little vidiie, but while we are pla<:ed on 
 the same foo'iii;; as olher Uritisii subjects, we 
 cannot complain. 
 
 W* hile these measures were in progress, I had 
 sotne conversation with the President of the 
 Board ol Trade, on the present state of the trade 
 in Canada, with respect to the article ot Tea, 
 wliieh is too lu^toiioiis in both Provinces, and 
 snsTijesled that little injin-y would arise to the 
 East India (^ompanv. and much good to our own 
 Revenue, if we «;oiild be allowed to import Tea 
 directly from the East Indies, or throngli the 
 I'nited States, on pavment of a certain duly. 
 It was too late in the Session to propose a mea- 
 sure, which, as it would be in direct vilatioa of 
 the Company's Charter, could not during the 
 I) 
 
 ^ c 
 
14 
 
 «ii«tence of it, be brought forwartl nilliout tlicir 
 acquicHceiico, but it ilid not appeor to inc from 
 what was said upon tlie subject, that nn applica- 
 tion would be boppless, if urged in time tu ad- 
 mit of i(H l)«ing well considered, and I am in- 
 clined to think lliat it would he liberally enter- 
 tained by the Government. 1 mention this tliat 
 it majr be tiiouglit of. 
 
 It will be seen Ibal by the first Aet. difK^rrnt 
 Britibh Slatutcd arc repealed, of wliie!) tlio Po- 
 •ir. ,.. „. b*'y was to promote the triidc of llio 
 
 • I O III. c PT. g~, ■' , 111- I 
 
 SAu in.rw. Lanadas. by aliowmp tIlee^|)()^tntlo» 
 •TO in. c. 4. (ffffn (hence to eertaiii parts of V.u- 
 rope of (lie producti<iiis of the Stales lirnii;;lit 
 hy land or inlaml naviu;alion, wilhont re(|iiirinj; 
 certiticates of oriuii!. or in oilier wonis to make, 
 so far as those stalulcs extended, the outlet for 
 the productions of lhi> Northern States, but it 
 may b?- seen hy the .second section of what may 
 be called the present ( olonial Knropt- Trade 
 Bill, thfit they are oiiiy repealed to make way 
 for what would appciir a iieneral exteh>«ion of 
 this ptdicy, lor by ihiit section it is lawiui to ex- 
 port from the (.'uliniies direct to any lorei;<n 
 i'ort in Kurope or in Miica&c.&e. •' any article 
 the growth, produce, or manufacture ol any 
 such Colony, or any articles whicli have been 
 legally im[>orteil into any such Colony" — And 
 aiieh unclonhtediy would be tiie benelicial eflect 
 of that Statute, if it stood alone, but it will hu 
 ceen l!:.-:! liit' A( t. for " renuialin:,' the 
 Trade l.clv.r.'u the Hriliiih posses- 
 •ionK in America v.v.d the \'i est Indie '. and oilier 
 places in AmerivM ai:d llie \V<',jt Indie-.'' ami 
 the Actch. 1 19 for refjulaling the inland Trade 
 between the I'nuiiices of Upper and Lower 
 Canada and lite I nited Stnlpsof Amcriea. have 
 the ertect of tlcslmung this policy alt();.'f'llier. 
 in as much .'is tin- principal productimis of the 
 United States c.iur.ot. since those Acts, he im- 
 ported from the l.iud Staler, llironiili any 
 channel itito the ("aiiadas without hcinu, ••iiiiicct 
 to considerable dMiies. Ami ihorilnre ia this 
 respect the trade < f the Cuiadas is placed on a 
 Worse fooling ill priiiciph- nt all events; I hope 
 not at present veiv inat»ri:dly so in priicliro. To 
 avoid this if possihle. I KUirgested to the Presi- 
 dent of the Board o( Trade, the expediency of 
 allowing both Provinces, to continue as they 
 have done, to admit the productions of the 
 United States by inlanti navigation tree of duty, 
 or otherwise, as they might think most advise- 
 able, because, as the «Iutie» impeded by the Act 
 No. 2 on the importation of those articles by 
 sea, from the United States into the West Indies 
 and other ' olonies. were meant solely and ex- 
 pressly for our protection, and to encourage the 
 agricultural productions of our Provinces which 
 were common with those of the United States, 
 it was not necessary to protect ourselves against 
 ©Orselves, and wr might safely be allowed to 
 judge whether the free ndmisHion of American 
 flour, timber. i:c. into our Provinces for expor- 
 tation might not be beneficial to our trade, with- 
 out being injnrions to our agriculture. Ami I 
 suggested that by allowing such importation we 
 might, by exportintj tiie productions of America 
 •with our own, be enabled immediately to sup- 
 ply the West Indies entirely, and miglit carry 
 on a more extensive trade with other parts of 
 
 the worM. The flOflirpr, however, was a veif 
 obvious, and I uliail a very just one,— Tli« 
 West Indians, it was said, would juslly com- 
 plain if the price of the necessaries ol life was 
 raised upon them, to enable us to dispose ad- 
 vantageously not only of our productions, but 
 of those ol foreign Ciinitries. And if the pn - 
 diiclions of the I'liited States, brought bv in- 
 ternal Navigalion iiilo the ( anadas were imt 
 made sni'icci to the same duties as when im- 
 p./rted ii.to tlip oiher i'ritish ( 'oloaies. (he Ame- 
 ricans wouM eomplain that the relaxation pro- 
 fcssi'd to he m lie in the N':ivifration Laws for 
 thehenefiis (da reeipr c:l co-nnierce would be 
 but partially exlemb-d. and would be rendered 
 in a greii nieisiire nugatory, by their prodiic- 
 tio:is h"iti£r. when carried direct in their own 
 shipping In oer West India Islands, inatle suh- 
 ject to hoavy duties', and adinilted in the Bamo 
 isl.inds. free of duly, I inlrodueed by our ship- 
 ping hy a circuiious i i porlation. 'I hat would 
 indeed be the direct elKci as the \\ est India 
 Pill no^\ stands, for the enanieraled articles are 
 siil'jccl only to duly when broimht from a fo- 
 reiijn Counlry. — ami. il the woidiiur were other- 
 wise. e\asions wonhl he niiavoidahle. Hesii'es 
 the other North .Nmcricni! Provi; ces might 
 claim the same privile2<'s for the same reasons— 
 that we shot. Id desire it. a.td if exiemled to 
 them, it would lead to llnir supplying the West 
 India markets with American (lour, to the ex- 
 clusion of that produced in Canada. I have 
 been the more explaicilory upon this subject, 
 because perhaps il is tlie most important, and it 
 may he of cousccpience to call the attention of 
 the Legislature to tliesi- matters which are ne- 
 ceiisarily better ii iderstood by most others in 
 Camnia, than hy myself. 
 
 The general change in the system of the N'a- 
 viijation I aws i'itrodiie<<| hy the " Act 
 for regulating the trade of the I'riii-h 
 posses-sions in America and lli-^ Wei iiuhcs 
 with otiier places in America and liic West Iti- 
 <lies," is a great national measire, jinMr.iiteil 
 chiefly by the present deplorable stale of ihe 
 West India Inlands, whieli the I'laiitfrs :'li - 
 buted. too niiicli jicrljaps. to the iiilernu'lifin oi' 
 iiitereourse wilh (he Cnilcd "-fat^s of A-'iCiic:', 
 by the retali.itniy sysieai whic-li llnl ('cv^^ry 
 had adopted. Kvery disposition has been shewn 
 to s;'Ciire us a;;aiii»t iiijiiiin'is eo'ise(iiien(<>'- hy 
 the imposition of jirntfciii^'^- duties on siicli ar- 
 ticles from the Ihilcd Sl:ito<j, as are ecjo-illv 
 producetl in ( aiK-da. Ijllirls wire trade l:y 
 those interested lii the ''annda Trado. to h.">e 
 those «lulics pl.cod ns hi:,h as (lossiMp. ( iit 
 duties so high a^ to \.o nearlv prohihiloi v. «r i;!.l 
 have been in dirrei opposition loih»" ['rii.ciph s 
 and professed policy of l!ie i.ill. I !.e \i f •^t 
 Indians on the other ha.. d exerted tiie'i -fhr,'. 
 streiiiiousl\. ai;d iiiosi :iii!'ir,''h. lo h:iri- the 
 duties !:)}r. as ilii'v are prir,eiii,-,!iv en ai'li;!' 'm f 
 the first nccesiiily. and. wlntevr-r ihrjr ■•■.i'<\i .K 
 are direct s;icriiices eiade br iheni to ''.<' ii - 
 terests of oilier Coloiiifs, The ?'arlriiii<-il. 
 eialcavon-d to lixnpo;i the JiirI tnediiTin. avd 
 thoii:;h I iniaciae it was felt that the duties .^e 
 scarcely suflicient to ronipcnsate (he dllTIreiue 
 ol li'H -port ni:<l to place our prodiielioMs on 
 e<pial teriiw wiih the Americans in th<? VVe?ft 
 
15 
 
 r, was a veif 
 It one, — Tlic 
 I juHlly coin- 
 ps III life was 
 ) ilisjtose ad- 
 iliictions, but 
 kI iftlir prn- 
 rou^^lit by in- :1 
 las wvrc not 
 I as wbt'ii im- 
 lio-;. tlio Ame- 
 clixntioii |»ro- 
 itioii Laws (or 
 TCP would be 
 I bi> roiulricd 
 ihrir prodiic- 
 ill thoir own 
 lis, made sub- 
 d ill the samo 
 d by our ship- 
 'Ihat would 
 le \\ est India 
 vi] articles are 
 isilit from a I'o- 
 nir wei'o otlirr- 
 iblr. Hcsii'es 
 ovi: CP9 might 
 anif reasons— 
 f oxlnided to 
 lvin£C tbo West 
 lour, to tlic ex- 
 iiada. I bavc 
 this subject, 
 portatit. and it 
 e atleiition of 
 wliich are ne- 
 aost otlierti in 
 
 |em of the Na- 
 I by the " Act 
 
 |()l' the I'riii^b 
 
 W el iiiihes 
 
 liic We'. I In- 
 
 lire, jn'iMi.j'ted 
 
 l;ile f)t' lliP 
 
 |i'lil;(ers :'.{'■ - 
 
 erriiptifiii ot 
 
 ■s n!" ,A':;('i;e-', 
 
 lb il fee fry 
 
 i^^ been shewn 
 
 is(V]ne!tees by 
 
 "s (in sin'Ii ;ir- 
 
 \v are e(;in!ly 
 
 i<re trade l;y 
 
 inwle. to h;'\e 
 
 Jp()<;f-iMp. ! lit 
 
 lihitdi V, w;ii!!,l 
 
 lib:' prii:ei[>b3 
 
 I!,e We.t 
 
 III lln'i.-eKe.-i 
 
 !0 \::-r:- the 
 
 1 f>n lii'ii' !■ ■■ ( i 
 Ithrii- ■■:i.nii ,f, 
 jem (o ;'ie ii- 
 le I^irli'uiieit. 
 Inedlmn. avd 
 
 le d^lie^5 rre 
 Ihe dilTi'reiice 
 hndiietlo'is on 
 
 in tfw West 
 
 India Ma Acts, they are as liis^li as could be 
 obtained, or as wuidd be patiently acqtiieiiced 
 in, and therelbre are the more likely to be per- 
 manent. It will be seen that care id taken to 
 guard against the introdiielioii of Ainericntk 
 grain bunded in England into the West Iniiies, 
 except upon the cyanic duties as if imported from 
 the L'nitcd States. 
 
 Tlio omission to ijnpose a duly tipon Indian 
 corn meal was neeidental, aiul it is intended to 
 remedy it next Session. It was »uj;ji;ested ihat 
 a dtity should be i(ii|iosed upon lliee, as it very 
 intieh supersedes the toiisiiii.plion of lloiir, but 
 it was not con»ider<'d ju^t to proteet the pro- 
 ductions of the ( nnailas. by imposii:(; a duly 
 upon other arlicbs ol euuai and perhisps of 
 jj;reater necessity, which liiey do nol prodiiee. 
 Wheat it seems cannot be lent (o the V»est In- 
 dies and ihereiiiie no prolcelion in rejrard to it 
 was tboiivid necessary. It is to be considered 
 how far the i inission of a duly on wheat can 
 consistently with the letter of the Act adnit of 
 a trade in American llciir through the ( aii};«las, 
 by importing the wheat and manufacturii j; it in 
 the Provinces. 
 
 I have mentioned puch matters as occu? lo 
 my recollection respecting tlu; two Acts lejiulat- 
 ing the ( olonial trade jjencrdly, beeau'^e l pper 
 Canada is more or less iuteie^ted in both, and 
 because, as it is just lo stute. e\ery opportu- 
 nity was nflbrded to me to maiic suggestions 
 while they were in pn gross. 
 
 Upon the Act for '• re<;nlrtiiig the trade of Ihe 
 Provinces of Lower and I pper Canada, mid 
 for other purposes relating to the said Pro- 
 vinces," which more direrlly concerns us, it 
 will readily occur iliiil it niiglil have been more 
 desirable lor the I loiiues themselves that no 
 
 firovisioiis had bcei made with respect to the 
 niand 'J'rade between them and the United 
 States of America, and thai they had been left 
 to regulate it by their own enaclments. as they 
 have hitheito done. I nt as it would have been 
 envidiouslo\\ards the ott er( oloiiies to exempt 
 these ill any manner linm the operation of the 
 general system, so. (or other rcasotis which 1 
 havelxlnle stated more particularly, an uiiform 
 system nns so far insisted upen as lo extend the 
 permission lo import into I aiifula. by inland 
 naviiriilioii by American ships as well as Brilisk, 
 or by land carriage, to the same arlicii's, and 
 upon Ihe same duties ns are eiiuiiierat(>d in the 
 Scliediiles to the W < -I lidia Trade I'iil, and 
 consequenllj the Schedules are the same in both 
 for the sake of uniformity, allhoiiah they arc 
 not so applicable to the nature of the trade in 
 the one case as in tlie other. I shoiil' have been 
 happy if the application of the general system 
 to Ihe inland trade of the Provinces, and at 
 least with respect to the duties could have been 
 dispensed with, but I do not consider the (iii- 
 liire in this respect of much conse(|uence. It 
 will be seen that the Colonial Legislatures are 
 nol restrained from adding to the duties impos- 
 ed by this Act, se that it is still in their disere- 
 tion to protect their own agricnlliiie by prohi- 
 bitory duties upon American prodnclions iflhey 
 deem such a policy wise. It is only provided 
 thatnot less than these d(itiu« shall he levit ' 
 
 Ilii^her Tutirs even' now existin? are not repeal- 
 ed, 'ibis will be seen in the :Ul ( lanse of the 
 Act, and in the West India Act the same pro- 
 vision is extended to all the Colonics. 
 
 The greatest ditrieulty I expcrieiced, waste 
 Jirevent the inland intercourse between Ihe Ca- 
 nadas and Ihe L'niled States from being limited, 
 as the I ri.de is, in an exprissed ( buise in the 
 General Colonial Act, to the articles enumerat- 
 ed in the schedule w hicli, considering the pecu- 
 liar sitniiiion of Cpper ( aiiada, so (ar from the 
 ()ce:ul.^vullld linvebeen most ruinous; (brheiice- 
 (bnh ;ill the Sr,!t, Iron W are. Mill stones, Ma- 
 chii fry of nil kinds and every cumbrous article, 
 must have come up tin* St. Lawrence at an ex- 
 pense greater tlian their present value, and we 
 shonlil linve been precluded from getting a mul- 
 titude of Irilliig articles which from our conti- 
 guity to the L niled Stales we find it convenient 
 logel from thence, and by which the trade of 
 deal Britain is in no degree injurtd Upon this 
 subject. I made frefjiiei t representations, and 
 it was at last placed on tl e tlesired (noting, so 
 that it will be (bund there is nothing in the pre- 
 sent Act to prevent eur getting other articles 
 from the United States than those enumerated, 
 upon such terms as we please, subject howe>cr 
 to llie restriction o( the iSavigation Laws, th.\t 
 they Ml sT III". IN LiuTisn Hottoivis, for it is only 
 with respect to theenumerated articles that that 
 restrielioii is relaxed. And it is very material 
 lliiit the operation of the Act in this respec*. 
 should be distinctly noticed, because the ne- 
 cessity conceived (or express enactments to al- 
 low the partial relaxation o( the Navigation Laws 
 upon the inland walers,shews tiie construclion of 
 the I'arliament upon their general application to 
 such navigation, no less lliaii the particular 
 clause in which ihey are expressly adverted to. 
 There was formerly, indeed, under the words of 
 7 and 8 Williain and Mary no room for doul)t, but 
 now it is placed beyond the possibility of dis- 
 pute, that no articles can be imported into the 
 i orti< ol Upper or Lower Canada in American 
 bottoms, except such as are in the Schedule, nor 
 any carried from Fort lo Port in either Province 
 in such bottoms, though it will be seen in the 
 10th Section of Ihe bill that all articles may be 
 expoiifd from our Ports to the United States in 
 American bwttoms. as in other Colonies by the 
 \\ est India Act, (or it was intended that our in- 
 land iiilercomse with the United Stales shoiiiil 
 not be subject to any restriction, whieli ha! been 
 relaxed in the other (. olonii^", and wlieiher it; 
 would be priideiit t!iat that iiVe"eoiiv>-f sJKOiid 
 be Creed Iroin the restrictions w hich still remain. 
 (I mean as to carrying in forpii^n bnltoms.) is ;\ 
 ([iiestinn of pelicy on which lliere in;iy be iiil- 
 fereiit o|ii.iioiis. and on v^hicii the senlifnents oi' 
 th(- Colonies themselves would. I dare say, re- 
 ceive attention. In the menu time the eilect of 
 the Acts is as I have stated it, and it is neces- 
 sary it should be clearly understood. 
 
 The reason of Ihe other rrr;iiln(io'i« of <r:ii1e 
 in the Canada Act are =i;(licienll)' e\plaiiieJ. in 
 the several enactments. 
 
 The provisions for adjii«1i!!g nil qne.'lionof 
 Revenue between Ihe Provinces, searcelv re- 
 
16 
 
 1}- recited, and llie subjecl has brcn already so 
 much (liscuHHeil, but a lii-Rr tUvy iniiy be iiiittap- 
 preheiided induces iiie lo make u ivw rnnurke. 
 
 The riniitiB fur nrrrnrs of Pmrincial duties 
 up (o (he ex|Mratiuii of ihe IhsI iiij;rcciiieiit, in 
 coiiiiiied lo nuvh nn arise (Jii(b.>r tlic several 
 ngrcenieti(8 (lieiii»olve9, for it is coiittiderod just 
 by the Govenimciit, and wns coiicndcd by our 
 Cuuiuiittsionera at the Inst nircliiiK, lh:\t Ibu 
 Rgreeinent* rniHt be considered tinal lur llio 
 periods to which they ret'cr. and tli;it il is only 
 to be enquired »vhethrr they have biieii per- 
 formed or not, an enquiry which is extended to 
 the '' fair untlerstandinp; nnd construction*' of 
 Ihe ngreementH. by express wnrils in the Act. 
 As to the proportion of duties under British y\cta 
 of Parliametit, it will l)e seen that it is perfectly 
 open tu Upper Canada to slate nny cluini to the 
 Arbitrators, nnd to adduce < Tilencc. except 
 with respect t» such period as lias been pro- 
 vided for by aurceiiieiit. which is only tlint in- 
 cluded within the ii;ir(M-nient of IHIT. but the 
 decision ol such claim must rest with the Lords 
 of the Treasury. U was objected to leave any 
 piinrtfde as to the ilislribution of those duties 
 to the decision ol the Arbitrators, nnd I concur 
 in thiuiiin)r th»t tlie present arrangement in that 
 respect is most j)roper. 
 
 I sugijested foroonsiderntion the propriety of 
 an Appeal to ih^^ Kinp; in Council, or to the 
 Lords ol the Trcar-'ivy, Irom the decision of the 
 Arbitrators, whcic tiicy are antliorijed (o r/r- 
 nV/«, but it was ihoujilit it would be inexpedi- 
 ent, and I apprelici d it would corlaiidy have 
 led to debiy, lor one parly or the oilier wouhl 
 have appealed, and both have an equal chance 
 •f Justice belorc llie Arbitrators. 
 
 The iWrd Claii^" wns iiif-rrled upon a sug- 
 gestion while the lii!l was in proiiPe-s. and of 
 course can be no ollier^sisc olijeiiionulde thaii 
 as it is merely nii^'atory. because tliire are but 
 three things wiiiirn Arbiiralois can ever be 
 called by the \et to consider. 1st Claims for 
 arrears, of whicli Lower Canada never pre- 
 tended to have any, and indeed it is impossible 
 •he should, as the agreements necessarily only 
 provide for tlie payment of a proporlion to us 
 Dy that Province, as the Receiver in the first in- 
 tlance of the whole, 'iiidly — To declare for 
 the time to coine what proportion we shall 
 have of the Provincial duties levied on impor- 
 tations by sea, nnd on this head it is impos- 
 •ibie Lower Canada can have any claim, be- 
 Muae abe boida every thing till il is decided 
 
 what part she i.^ to p.iy ii^ wliiirh \i the onl/ 
 f|uestion. Itrdly — I o rcceiie claims to the dis- 
 tribution of duties under llrilisli Aels, and re- 
 port them for liie dt rision ol Ihe fiords of th« 
 Treasury, and here the possibility of reciprocal 
 claims is supposed, nnd expressly provided lor. 
 However, the Clause «loes no hiirm, aa it car- 
 ries the ap|iparance of reeipro«'ily, nnd if 
 there was nioiii I r the reahly, il would bc 
 but just the provision shouhl exist. 
 
 The proportion of one-lifih of tlie duties le- 
 vied since the Ut .Inly Hilit, is all that would 
 be conceiled, its that was IIk; last ratio es- 
 Inblislied. indeed it could not be expected that 
 the tJoverninent would proiiose more, without 
 an actual investii;ation nnd evidence of in- 
 creased consiiinption, and besides, our Commis- 
 sioners had ollired to accept it. I knew the 
 present stale of our fuianees and Ihe incum- 
 liraiices upon them would not admit of delay 
 in the reeiqit now due, and therefore I coii- 
 senlvtl lo the onelilth for a perioil not later 
 than July. \\ii\. but it will be linind by a care- 
 ful perusal of the Act, parlieularly Ihe 27tb 
 cl use. ihat it remains open to lJ[)per Canada, 
 to uri>;e a claim to a proportion of the I4lh Ceo. 
 111. greater tlian one-fillh, upon the principles 
 explained in the Ueport, since the expiralioD 
 of the last provisional iit{reement, which claim 
 the Lords of Ihe Treasury will decide upon, 
 and that in the mean time onc-lilth of those du. 
 ties also will for the present be received. Thia 
 provision with respect to the proceeds of duties 
 under the Mth (Jeo. HI. extends generally to 
 the future. 
 
 The lOlh riniise renders necessary a pre- 
 vious undertaking between the two t'rovii.cea 
 respecliiig the imposition of duties, which it is 
 but just ohould have place, as bota are directlj 
 interested. 
 
 Nothing further occurs to me respecting these 
 or the remaining provisions of this Act, or ihc 
 others I h ive remarked upon. It will rendilj 
 be supposed many other modilications have 
 come under consideration which, as thcv were 
 not adopted, it is needless to advert to. but [ 
 hope it will be found generally that the different 
 Tiews of the subject were not overlooked. 
 
 (Signed) Joiln B. Uobinsow. 
 
 London, August 27th 1822. 
 
 A True Copt. 
 
 (Signed) G. HoLin.