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Lorsqus le document est trop grand pour Atre reproduit en un seul clichA. 11 est film* A partir de i'engle supArieur gauche, de gauche A droite. et de haut an bas. an prenant la nombra d'images nAcessaira. Las diagrammes suivants illustrant ia mithoda. rrata to pelure. D 32X 1 2 3 1 2 3 4 5 6 THE LIBRARY THE UNIVERSITY OF BRITISH COLUMBIA {r^ N. /^ THE CANADIAN CRISIS, AMD LORD DURHAM'S MISSION TO THK NORTH AMERICAN COLONIES: WITH REMARKS, THE RESULT OF PERSONAL OBSERVATION IN THE COLONIES AND THE UNITED S ATES, ON THE REMEDIAL MEASURES TO BE ADOPTED IN THE NORTH AMERICAN PROVINCES. LONDON : J. RODWELL, 46, NEW BOND STREET. 1838. LONDON: PHINTED BY IB0T80N AND PAIMKR, SAVOY STRKKT, STIIAND. THE CANADIAN CRISIS. CHAPTER I. Extreme Imparl mne of Lord lhir/mm\s misshn —Real state of Caiinda littfe hioum~Mr. E. Eltices speech— A fd/iors meam of in- formation on Canadian question—American settlers in Canada — Catholic clergij—Causei, of discontent. Lord Durham is about to depart for Canada. On him will soon depend the very existence, as colonies, of the British possessions in North Aniericci. If the measures pursued by him are judicious, our colonies are not only preserved, but will, in all humnn probability, make a pro- gress, and attain a degree of prosperity, little an- ticipated by people " at home." Should he take a wrong- direction in conducting the affairs of the Canadas, the consequences are sufficiently obvious, and may be disastrous in the extreme. The late events in Canada have occupied so much of public attention, that it nnght be sup- posed by this time that t!ie subject is pretty well understood in England, particularly as there is a iri great national interest at stake. Yet the reverse is the case. The debates and speeches, both in Parliament and elsewhere, and the articles in print, with few exceptions, only serve to show a profound ignorance of the real nature and origin of the disturbances in Canada, of the position of those colonies and of the inhabitants, and an almost incredible misapprehension of the ques- tion in all its bearings. \'\ Much, consequently, of the nonsense uttered and published on the Canadian question, is doubtless the bond fide result of sheer ignorance ; but much misrepresentation was, and is, put forward to suit party views — to ground attacks upon the ministers, or are the ex parte state- ments of certain persons in Canada, repeated in Parliament and elsewhere. The mass of the community in England have in general little clearer idea of the Canadas, than the lady who is accused of explaining to her daughter that " Canada is a place over in America, where people go about in boats, and sing ' Row, brothers, row, and all that!'* Even Messrs. Leader, Hume, &c., do not sometimes evince much more accurate knowledge of the inha- bitants of those colonies, and of their neighbours in the United States. .. t'" Unfortunately, with one or two exceptions none of those connected with the Colonial Office and the administration have had opportunities 6 practically of knowing more of America than the above-named gentlemen; so that thedebates on the Canadian question in our Parliament afford little better information on the subject than the articles in the French papers. The former are more plausible, and avoid the extreme absurdities put forward as usual by Gallic editors whenever they touch upon transmarine subjects, especially regarding English colonies; but they are for this reason less entertaining, without coming much nearer the truth. , . ., ....■,1. f 4 1. I I. 1. .^t ■ , Perhaps the only speech which may be read, and I trust has been heard, to some useful pur- pose, is that of Mr. E. Ellice. This embodies at no great length nearly all the leading points to which the attention of the mother country ought to be called. Mr. Gladstone spoke sensibly on the subject, and although unacquainted practically with the colonies, advised with judgment, and a consi- derable knowledge of the general question. But Mr. Ellice's is the only speech that really affords sound information on the whole Canadian question. Why is this? Many of the other speakers on the debate are men of more than ordinary talents and acquirements. Mr. Ellice made no effort ; he came even unprepared previously to speak on the question ; he makes no attempt at eloquence or persuasive argu- ment, but re?n tefigit. — Whence the great su- (; periority of his spotcli over tlie ** brave words" spoken vvifli such copious redundancy by Sir William .VJolesvvorth, Mr. Leader, &c. ? Mr. Ellice is practically acquainted with the Canadas and the people of North America. Mr. Ellice has a great stake in the colonies, and was in America very lately: seeing for himself, and observing with sagacity, and v^ ith the attention which a real interest in a country always ex- cites, into the actual state of things in our co- lonies and the neighbouring states, he gives simply and elFectively the result of liis observa- tions. It may be thought that this is speaking sonie- \\ hat ex cathcdrd on the subject of Canada ; but the writer of this has had no ordinary opportu- nities (for an Englishman) of seeing and judging for himself on the Canadian question. He passed some years in America, and ten years ago made a tour in Canada, and passed some months on the "lines" (frontiers) of Canada and the United States. He was much in the state of Vermont, which has been lately, from its posi- tion and other circumstances, the head-quarters of the insurgents of Lower Canada and their abettors, particularly subsequent to their defeat. From Burlington, Montpclier, and other places in that state, were dated most of the inflammatory articles on the subject of the Canadian insurrec- tit>n, and the viry inia^inative accounts of mili< tary mo' etnents in esse, and in posse that were manufactured to suit the tastes and purposes of the fugitive " Generals, " " Colonels," &c., whether American or Canadian, and which were repeated, magnified by portentous anticipations of future defeat and disaster, by the Canadian party here. Knowing persoually, and being incidentally in a position to become acquainted with the leading persons on both sides of the frontiers, seeing and conversing freely with persons of all shades of political opinion, whether in Canada or in the United States, and without himself belonging to either country, yet connected with both, opinions and arguments were often freely urged in his presence with less reserve, both on the part of Americans and Canadians, than is usual when conversing with an Englishman. On revisiting the Canadas a year ago, and again passing through the places lately the scene of insurrec- tion, and which weie even then much agitated by political and party feelings and discussions, the writer avaikd himself of the opportunities atforded him of examining the real state of the Canadians both in Lower and Upper Canada, as well as that of their neighbours on the United States frontier. These are my credentials for venturing to impugn the authority of opinions and statements made by sonjeoCthe "Canadian party" from ex parte statements, and under feel- ings of political excitement,— and for stating my own impressions, the result of actual observation of the country, and prompted by an anxious in- terest in the welfare of our colonies as com- bined with that of Great Britain herself. . It it) a pity that none of the leaders of the Ca- nadian party had similar opportunities of obtaining practical knowledge of the subject that I have had. They would, if they did not in consequence form similar opinions to mine, which they mi^Iit have supported much more ably, at least have abstained from uttering many things calculated to excite and mislead persons on both sides of i\\e Atlantic, s-.-- .. -.!^ '?.. »- .,,;-;-„..- ,t» -;-.-?• ;. The positive accusations of oppression and misgovernment that have been made in decla- matory speeches, and the prognostications of an immediate attempt on the part of the government of the United States to profit by the disturbances in our colonies, are about equally well grounded. While in the neighbourhood of Niagara, I had an opportunity of conversing with several Ame- ricans (by '* Americans" is here meant persons from the United States, in contradistinction to Canadians) who had settled in Upper Canada; among others, with one who bad considerable property in the province. He told me he had, pur- chased land to the amount of 20^000 dollars within the Canadian territory. On inquiring what could induce him to prefer removing into it 9 Canada, or placing himself under' a government which must, we supposed, be disliked by all good republicans, he smiled and said, that, in the first place, one good reason for purchasing land in Canada was, that for an estate of equal size, and not so fertile, near Lockport, (in the United States,) he paid about ten times as much in taxes as he did to the Canadian government for his Canadian property ; that the soil was productive, and the surrounding country improving fast ; that as for the government, nothing could be more mild and tolerant, and that neither himself nor any of his American neighbours had any- thing to complain of on the score of interference or vexation from the local or other authorities of the province. This I found conlirmed by others in a similar position ; for there are many American settlers in Canada. It is true, however, that occasion- ally I found some dissatisfaction expressed in a vague manner, and, on close inquiry, elicited that there existed among many of those who had emigrated from the United States, a desire to see the forms of their own government introduced into Canada ; and it is natural enough that they should be prejudiced in favour of the forms and habits in which they had been educated. Their opinions and arguments had also, in a few in- stances, made some progress in converting the I'if U''*' .i . t ♦ (( < M 10 English and Canadian settlers; but it was re- markable that these sticklers for an imitation of the democratic system of the United States only succeeded among a few new-comers, — generally the lower class of Irish labourers, who, as if they wished for a grievance, — possibly from the force of habit, — adopted the discontented tone of their preceptors in politics, without in the least compre- hending either the disadvantages under which it was asserted they laboured, or the objects of the proposed imitation of their democratic neigh- bours. The Americans, however, could state their causes of complaint. With the exception of some, perhaps well-founded, remarks on the tieficiency of the Canadians in energy and activity in com- mercial undertakings, public works, &c., as conj- pared with their neighbours in the United States, (the true cause of which will be mentioned by- and-by,) — these consisted in their not having the power of electing their own officers, civil or mili- tary — their not having, for instance, the magis- trates, including the highest, chosen by the people — and the path to the governorship — or the •* Gubernatorial chair," as they prefer calling it, open to them all. It would be useless to urge to Americans that this mode of government is completely incompatible with monarchy, and wilh the habits and principles that it generates ; and 11 (lifticiilt even to make them perceive that there are some positive advantages in the non-exist- ence of the frequent elections and political con- tests occupying so much of men's time and atten- tion in the United States, and taking them from more useful occupations. There are, however, some Americans who concede the point so far as to allow that within the circle of their own ob- servation they have known more than one in- stance of men ruined or much injured by being elected governors, or members of the legislature, having been induced to interrupt their profitable and useful avocations ; the object of their ambi- tion being an ill-paid and, for them, expensive post — exhausting their resources, and leaving them no choice but that of continuing to be claim- ants upon public favour for further elections to the miserably paid offices of their respective States. Attention to their farms, or business, would have probably secured them, in the same space of time as that occupied by electioneering, independence, if not wealth. ' > i ' >>'< In fact, it is with public offices in America as it is with the peach-orchards in the middle states, the abundant produce of which one sometimes hears boastfully contrasted with the scarcity of the carefully raised fruit in England, with the remark, " that we often ih{::i\ our pigs uilli ■\ i.i ill ! f I .1 1 1 12 t--.u <, .>. i> peaches." Thjs is true enough; but it is partly because most of the peaches are only fit for pigs to eat. The offices are doubtless open to every oije in the United States, but are they worth having ? There can be no doubt that in many respects it is a great advantage to the Canadas to have their governors and others named by the govern- ment *• at home." That there are some incon- veniences resulting from it, is also certain. All systems of government, like other human institu- tions, have their defects; but it is a positive advantage to the English provinces in America to be freed from the fermentation, bickerings, and political agitation of still-beginning, never-end- ing presidential elections. , , , . One cause of discontent among settlers from the United States, under the present government of the Canadas, is worth mentioning, as a proof of the extraordinary and anomalous feelings of Americans on the subject of the slavery, or ra- ther of the freedom of people of colour. It was gravely mentioned to me as a striking abuse, that a slave who could escape into Canada, or the other provinces, became free, and could tjot legally be replaced in the hands of his masters. Another grievance was the equality conceded to coloured people who were not taught '* to know 13 s partly lor pigs o every y worth respects to have govern - e incon- in. All 1 institii- positive America Dgs, and ver-end- ers from eminent I a proof lings of , or ra- it was : abuse, lada, or 3uld not masters. :eded to to know their station," as iri *he United States, and that these errors would .>on be rectified undei^ the- American republican system. Although the disturbances in Lower Canada'^ had, in some measure, a different origin and character from those in the Upper Province, ow- ing to the existence of a French population and other circumstances ; yet those parts of Lower Canada bordering on the frontier of Vermont, and in the neighbourhood of Montreal, which were alone the scene of insurrection in that province, are in a very similar position in some respects to Upper Canada. An imaginary fron- tier alone separates them from the Americans ;" and at St. Jean, Chambly, and the numerous other villages, as well as at Montreal itself,' great numbers of Americans are settled, and have necessarily had some influence in exciting the quiet and politically apathetic French Cana- dians, especially when the latter were imposed upon by the leaders in whom they confided, and induced to believe the most extravagant tales as to the state of things in England and in the ' colonies. It appears almost incredible to the ^ newspaper-reading English who do not know ' Canada, that the Canadians could be brought to think that Queen Victoria was in durance, under the power of the King of Hanover, &c. &c. ; but such is the simplicity of these poor people, and ' 14 ■ M\ Miii their total ignorance of all that passes out of sight of the tin-covered steeples of their churches, that there is no doubt they were made to give credit to these and similar tales, and thus worked upon to take to arms. *• > : . ■ ? The better and more wealthy classes of Ame- ricans in Canada almost universally opposed the insurrection; but a great many of the lower orders, and "those who were in debt, and those who were discontented,"* seized every opportunity of increasing the political differences and animo- sities which had been fermenting for years, and ultimately set the example of active resistance to the Canadian authorities in the first instance, and until it became dangerous. It must have been remarked that their proclamations, published ])arangues, calls for meetings, and resolutions, were all in English, and therefore could have little influence among the Lower Canadians. These publications were, in fact, made with a view to impress the Americans and English, both in and out of Canada, with an idea of the existence of a large party in Canada ripe for revolt, and are quite foreign to the habits of the French Cana- dians. The real action upon the minds of the * Mr. (" General") Brown, for instance, was a " nicrcliant who had been unf'orlunatf in business :" Aiujlicc, a bankrupt shopkeeper in a small town in Vermont, who settled at Montreal. I I 15 Canadian peasantry was produced 'vd voce by a few of their countrymen of the higher classes, and by the active agency of foreigners domi- ciliated among them. That the clergy, with very few exceptions, are favourable to the British dominion^ does not admit of a doubt ; nor did a Roman Catholic feel- ing mix itself at all with the question that ex- cited the Canadians. The French population showed in the last war* their readiness to defend * In tlic uffair of Chateaiigai, u corps of 900 French Ca- nadians, vvitliout arlillery, clefeated a body of American troops, 7,000 strong, with 10 pieces of cannon : the largest regular army ever brought into the field by the United States. Their combined movement against Montreal, in 1814, of 15,000 men, was thus completely frustrated. Willi the exception of one, or perhaps two, individuals, the whole of these gallant defenders of the Province were French Canadians and Catholics. The American papers are very indignant at the late mention, in some English ])ajjcrs, of the general now em])loyed on the frontier, as " a General Scott," and asks how it is possible that his name should be unknown to the English, against whom he was successful, they aflirm, at a variety of jdaces, the names of which have probably never in a single instance been known on this side of the Atlantic, beyond the week in which they were mentioned in the newspapers at ilic time of the engagements. But ought they to be surjiriscd at this, when the diflerent aOiiirs in which we were victorious are almost as little known on this side the Atlantic ? Not one in five hundred of the English readers ever heard of the battle of Chateaugai for instance, or know where the place is. I recollect an English olhcer, about to be presented ai a foreign court, being asked whether the word " Bladeusliurgh,'" which he wove on his accoutrements, (in ' 'I 16 theiDSeWesngainst the Americaus. Besides, tbe clergy possess, under the existing systeuoy many advantages. Not onVy are they paid by ^the gavemment, but their property in seigneuries, &e^ is respected ; and they know Uiat a great change for the worse in their position would be commemoration of the signal defeat of the Americans, near Washington,) was the name of a place in India or not t and tills by the representative of his own cotiutry. I dp not mean to excuse thi^ ignorance of American affairs in our countrymen ; I merely mention it as a fact. Auer al), the occurrences that take place three or four tboasand miles off, and that only reach our ears through newspapers, and the accounts of travellers, " segnius irritant afiimos," do npt arrest our attention and come home to us like the events that pass among ourselves and our neighbours in Europe. The Ame- ricans are just as ignorant of European aifairs, and have iIk strangest miscoucepiions of events and persons out of their own country. ^ ^ On the other hand, tlie Aniel'icahs cVntiot Bft'aiiciiy^S' OT iHe fault of underrating or being indifferent to their own advantages. In mentioning the last war, they invariably spi^k pf one .juniq- terri^pted series of ,uccesses, both by land and sea. The capture of their capital, and the destruction of its public buldings, as a partial retaliation fbr the total destruction olYtitlk, (the capital >o( Upper Canada, now called Toronto,) they oftea uS^ct, to resfent as An putrage ! and the slight specimen that they were ma<^e to feel of tlie evils of war, in the destruction of their commerce, and by the ^ifTerent altacks along the coait, ftey alre'^ortt'l^ re- present as unheaiid of scenes of ^rant)o» 'vioknce^i Hftdctliey but tbeslighte^t (experience pf tl^pipl,hprfpjB of w^^r,,of ,QWTi^^ on by the French in Spain, Germany, and indeecf generally ty all armies of every country, they wonW'fiyd''^efistti''M ''ctt[|i^- tulnte themselves on the moderation* wilk i\lrhick:tfaey(«tre treated, n-^.tion f.n! grnbliiid biw .BOOif nwob ^ni) 17 sides, the BID, many 1 by i the gneurieSj t a great would be ribans, near or not ! and rican affairs Aher al), nsand tniles ers, and tbe lo not arrest ts that pass The Athe- Lud have tlie of theur own 'wseil of ille 1 advantages, f pne.iiniq- Tbe cfipture ildings, as a he capital of f ct to resent rere mac^e to mmerce.and ^oi^t' te r^- , Haddlliey irjapcapi vi. i fs ? . i . ')» The surprise expressed by Europeans at the absence of all the precautionary arrangements to which they are accustomed on crossing a frontier has often struck me. On one occasion, when proceeding in a steam-boat up Lake Champlain in company with some members of the corps diplomatique from Washington, I observed some of them opening and examining their pocket- books and portfolios when they imagined that we were approaching the frontier (near the He aux Noix). I was asked by one or two of them to let them know when, and to whom, they were to ex- hibit their passports and open their trunks for ex- amination ; and they were not a little astonished when told that the ** lines" were already passed, that no passport was ever required, and that out of courtesy to their official functions, no I 19 This a they are ftre more than the eption in iters and -Indians, cross tlie s and the dified the a border- ins at the 3inents to a frontier lou, when !hainplain ;he corps ved some • pocket- pned that be He aux lem to let ere to ex- ks for ex- stonished y passed, and that tions^ no I examination whatever was to take place. This is equally the case whether proceeding from or to Canada, and long may it be so. There is a custom-house examination, or rather the form of it, observed with respect to passengers in general, but so slightly and so civilly performed, that no one can complain I have never wit- nessed any examination whatever in crossing the frontiers by land, or at the ferry below Niagara, although a right of search of course exists. But it may be asked, are there no causes of discontent in Lower Canada — was the late in- surrection solely occasioned by external influence, and are there no grievances, the result of defec- tive government, which really require a remedy ? That there are such, no man of common sense can deny. I know of no government that is faultless, and a colonial possession governed from a distance is more likely than others to be defective. But the faults of that government have been put forward in a very false light, and with much ex parte exaggeration in Parliament ; and it is either a great mistake, or very unfair, to attribute the evils of Canada to the present ministry. The present state of things in Canada is the work of many years. The germ of the actual discontent existed from the very moment of the Canadas becoming an English possession. In almost every conquest made by Great Bri- c2 •20 11 ill ii'' ' 11 IR i tain, where there has been a capitulation ur formal cession, one article has been invariably admitted with a fatal facility, viz. that the con- quered inhabitants shall continue to be governed by their own laws, and preserve their own lan- guage. There are other minor pouits injudi- ciously allowed to pass. But this is the true teterrima causa, the real origin of the difficul- ties and unpopularity of the English in their fo- reign possessions. . . No doubt the clemency of the concession ap- pears theoretically fair and praiseworthy, and proceeds from the best motives of indulgent con- ciliation. It is, nevertheless, a fatal mistake. The gentlemen who are the advocates for Canada, or are deemed such, would, of course, loudly censure any infringement of these natural as well as ceded rights; for, as such, they probably con- sider them. But the concession is fraught with evil; and were there no legal authority for rescind- ing them, they ought, ex necessitate rei, and for the mutual advantage of the colonies and their possessors, to be abolished. . . ,,(.,,,. What is the result of these concessions ? that laws the most defective, and that have been abo- lished in every part of Europe, and in all its dependencies, find their last refuge and asylum in British territories. In the West Indies, in Mauritius, 8cc. &c., similar admissions have en- h lation ur nvariably ; the con- governed own lan- ts injudi- 5 tlje true le difficul- 1 their fo- ^ssion ap- rthy, and ilgent con- 1 mistake. 3r Canada, se, loudly iral as well bably con- aught with or rescind- 'ei, and for I and their sions? that ; been abo- d \n all its md asylum Indies, in is have en- (!'(.. I I tailed upon us the administration and practice of laws totally at variance, in spirit and in letter, to our own jurisprudence, and indeed to that of all civilized countries of the present day. , j The remnants of old Spanish, Dutch, French, and other laws have, by our conscientious Quixot- ism, been preserved in English possession. And while the defective French laws and institutions (of Louis XIV. and XV.'s time and previously) have disappeared from the code of France and of all her possessions, parts of the British dominions remain subject to ies us et coustidmes de Paris. And our lawyers have to study the coutume de Normnndiey and to plead in a foreign language. The effects of the preservation of the old laws, however defective, are not so fatal as those which result from the continued use of the language of the conquered colony. By strengthening national prejudices and enmities, it makes the line of de- marcation between the governors and the go- verned more distinct, and causes an additional difficulty in producing that gradual union and amalgamation which are so desirable. ,, Well did M. de Talleyrand perceive and point out, years ago, in his pamphlet on the United States, the vast moral and even political influ- ence which is exercised by the power of Ian- * He shows iluil, ill spile uf poliliciii preflihTtioiis, and tlie 22 m ^H 1mI! i! ill ll I ' Tlie Canadian party would probably accuse any administration that should try to do away with these stumbling-blocks in the way of all real union between England and her colonies of injustice and tyranny ; but whatever may be said of these gentlemen in other cases^ they are in this instance by far too " Conservative." The endea- vour to prop up the det:ayed edifice of antiquated laws is full of mischief; and, as regards the use of the French language, if " words are powerful things,** why encourage the use of such dangerous weapons of foreign manufacture, in the manage- ment of which we must always be inferior to our opponents ? The example of the United States is appealed to frequently by the advocates of Canada. Do the Americans adopt the language and laws of their acquired states? Not at all. Whoever visited Washington some years ago, might have seen in the senators from Louisiana a proof to the contrary. One of these gentlemen, M. B., did not even understand English, and was obliged to inquire of his colleague the meaning of the debates on which he had to vote. Neither efibrts of successive adniiiiistratioiis to foster a good feeling to- wards France in preference to England, the moral and general influence of England, and of her literature and opinions, were too j)owerfiil to compete with ; and attributes this influence chiefly to the efl'ects of community of language. V I Hi 23 y accuse do away ay of all lonies of y be said ire in this 16 endea- ntiquated Is the use powerful angerous manage- ior to our appealed ida. Do \ laws of Whoever ight have proof to , M. B., and was meaning Neither [I feeling to- aiid general iiions, were is iunncncc iu respeci to Louisiana uor Florida, uor iu the German part of Peansylvauia, is it thought ne- cessary to make any exception — the English lan- guage is that of the constitution, the general government, and the laws. This is not com- plained of, nor is it found practically to be inju- rious to the interests of those States. But it is found to bring about imperceptibly a sense of community of interest and homogenous feeling, notwithstanding the great extent of the " Union," in which the interests of the inhabitants are infi- nitely more various and conflicting than are those of the Canadians. But some causes of discontent have long ex- isted in the colonies, which in Lower Canada, com- bined with the disuniting tendency of different na- tional origin and the use of two languages, contri- buted to produce the late disturbances. The ap- pouitments to the different posts and employments iu the local government were too exclusively con- fined to the English; and the importation of place-hunters by successive governors naturally enough caused some discontent among the native Canadians. Although this cause of complaint has been much corrected of late years, the effects of the system have been of the worst tendency. When the Canadians saw young men who had eitlier not succeeded in other places, or were nearly ruined by extravagance, named to fill the 24 i I ■: II I * , ! tlh" best postd in the province, or rather to receive a salary, and appoint a deputy, at a moderate stipend, to perform their duties, the abuse was too obvious to pass unnoticed. Still these errors have been much magnified for party purposes, and latterly have been avoided, n // 0,//^ >m: luu. Another source of bad feeling and estrange- ment between the upper classes of Canadians and our government and its officers, was the injudicious conduct of some of our governors to- wards the native population. I do not now allude so much to the political dislike of M. Papineau and otiiers : that was, in the opinion of many persons, most injudiciously manifested some years ago. At that time M. Papineau might have, per- haps, been made as efficient a supporter ofthe go- vernment as he has been its bitter opponent. A man of property and intelUgence, with a large share of vanity and ambition of a certain sort, and, not- withstanding his violence in debate, of more than suspected personal courage, he might have been neutralised as a political enemy, if nutconciUated as a useful ally. But the government of Lower Canada then followed a system little calculated to make friends among the French population. ' ' It was, however, more particularly the social differences that were drawn by the higher autho- i'ities, that alienated and irritated the upper classes of the French population. At the gover- 25 receive' moderate • e was too ' se errors' purposes, • t/i^ o!> Nit' estrange- ' Canadians was tlie ernors to- ow allude Papineau of many Dme years lave, per- of'the go- )nent. A irge share and, not- more than mve been onciliated of Lower calculated Illation. - the social ler autho- le upper he gover- ;* ¥ i nor's table, or at the balls, at the castle of St'^ Louis, a traveller would have hoped and expected'^ to meet the best French society of Qaebeo> aud''. that there would have been a disposition sfacywdi by the higher powers to conciliate the Canadians^ i and do away with all invidious distinctions : oir<: if a difference in demeanour were observed to- wards the native society, that it would rather be ; in showing a greate»* degree of courteous and ; encouraging hospitality to the descendants of the conquered colonists, than towards their own countrymen, whose position was less delicate. I regret to say that, with few exceptions, the reverse was the case, and in the palace of the ; governor, and among the society of his family and dependents, a stranger could have little 1 opportunity of knowing or seeing any of the- French society. ., . j; Mtwii These remarks refer to what was the case som6 years ago; and although it may appear singular to attribute serious results to such triHing causes, yet there is no doubt that much of the embittered and hostile feeling respecting the English local government that now exists among a part of the [*>ench Canadians, was occasioned or fostered by the neglect with which they were treated, or the positive slights they met with from those whose duty and policy it ought to have been to .<■»/<>'..! oil / i'"i fciiiqiMi ' II u 'I lilt |i . . i.-'>iii'' 26 conciliate the descendants of the ancient posses- sors of the colony. ' T. ' ' r ,.' t ,.;u .,* The demeanour of the officers, civil and mili- tary, by whom the governors are surrounded, or who compose his family, is also of more im- portance than may at first seem probable. To be convinced of this, it is only necessary to have witnessed the feelings of dislike and irritation produced by the mere exhibition of the affecta- tions of English dandyism, often without any intention of offence, on the part more particularly of the younger officers in our colonies, and gene- rally by the English in foreign countries. I do not now speak of the assuming swagger of mustachioed and long-spurred military and other pretenders to exclusivism, who occasionally show their ill breeding, and take le haul du pmw in the streets of Quebec or Montreal. I hope such instances are exceptions, and must always be condennied. • > f i At best, the sort of cool indifference of man- ner of the English, contrasted with the greater degree of prevenance — or demonstration of courtesy, of foreign habits, is often offensive enough to the inhabitants of the continent. But when exhibited in a conquered colony of French origin, and joined with a certain assumption of superiority, it becomes insufferably disagreeable to the inhabitants. The popularity of the Eng- 27 ent posses- t.M l.'U I >' il and mili- ounded, or \ more im- bable. To ary to have d irritation the affecta- vithout any particularly , and gene- tries. I do swagger of y and other anally show du paiw in [ hope such always be ice of man- the greater stration of n offensive inent. But y of French sumption of isagreeable of the Eng- lish is also not increased by the tendency common to most of them when abroad, to transplant the conventional standard of manners and habits of tlieir own society into that of which they tem- porarily form a part; and to endeavour to intro- duce the strictest imitation of the usages of l^nglish society, in modes of living, hours, &c. &c., rather than to adopt, even in a modified form, the customs of the country in which they are. Yet, without some degree of concession to the habits of other countries, the English are ever likely to remain nearly strangers to the people among whom they may dwell, and not unfre- (|uently render themselves extremely unpopular, Hiid much diminish any hope of an ultimate cordial union. This in our colonies is to be deplored, and might, one would think, be n voided, were its consequences appreciated. The accumulation of different and often in- ct)n»patible posts and employments in the person of certain individuals is another, not unfounded, cause of complaint, that would admit of easy correction. One of the causes of dissatisfaction brought forward in the resolution of the House of As- sembly of Lower Canada (of February, 1834) suf- ficiently proves that, however much at variance with the head of the government in Canada, the framers of those resolutions were by no means ill !iii 28 favourable to a union with the United States. They complain of the admission of Americans (Messrs. Gates, Jones, and others) to the pri- vileges of Canadian subjects, and they evince a considerable degree of jealousy of any American influence in their representation, v^^■^i - >\My But a detailed examination of the alleged or real causes of the present state of Canada, is here unnecessary, and would exceed the limits of a pamphlet. Without, therefore, stopping to determine whether former Tory Administrations at home are solely to blame ;* without asking Sir Wm. Molesworth whether the local governments of Sir James Craig or Lord Dalhousie are chiefly in fault; or begging the Duke of Wellington to decide whether the Lord Ripon or Lord Stanley showed greater generosity, or tiiaiserie, in drop- ping the reins of government, by giving up the control of the revenue without any security for the fulfilment of their supposed conditions, — or whether, as is more probable, the present troubles arise from a combination of various and complicated causes beyond the control of any Ministry, and for which none can be solely responsible, let us endeavour to point out, from practical observation of the state and wants of the colonies, what measures with respect to them are most likely to be beneficial. " . ,; . ,.,- .. 'ih /■♦• > Mi. ■>' * Vide (lcl)ules oi Jiuiuiii v. , ,: !i w ited States. Americans to the pri- jy evince a y American .:\ -non alleged or Canada, is the limits stopping to linistrations t asking Sir overnments ; are chiefly ellington to ord Stanley ie, in drop- ping up the ly security conditions, the present of various ;he control )ne can be 3 point out, ? and wants respect to i/>v»f > fill ■>« , CHAPTER II. ... ^ J- fi^kaf measures advisable — Not a parti/ ques- tion — Time not arrived for a separation — * Fjxtraordinary powers required — Lord Dur- ham — Colonies shoidd he anglicised — Great • changes necessary — Union of the Provinces — Direct Representation of Colonies in Parlia- ' ment — Freedom of Commerce — Commercial ' Restrictions not necessary, *'"* '*^' M the government in endeavouring to settle advantageously this difficult and delicate question. That, at all events, no impediments would have been wilfully interposed, no embar- rassment vexatiously attempted, from mere party or personal motives. I fear I was mistaken. I have been too long* and too frequently out of my own country to appreciate justly the force of party feeling. Although, on the first proposal of ministers to send out Lord Durham with full powers to remodel the government of the Nortii American colonies, Sir Robert Peel did not make it a party question, and seemed willing to con- sider it an exceptional case, and that it was not advisable to add to the difficulties with which it was already surrounded ; yet, on a subsequent occasion, a strong party effi3rt was made to throw odium either on the measures or the men brought forward by the government, and in a manner that, to say no more of it, was not straightfor- ward, nor calculated to produce any good effect. I suppose the opportunity was too tempt- ing to be resisted- the ministers being un- prepared for a muster of votes ; afforded — parties being so nearly balanced* as they are * It is a subject, of regret that England has not at this mo- ment a strong government, one backed by a powerful and cer- tain majority. It matters little at this moment, when " con- servative Whigs," and " liberal Tories" are so numerous, as far as her foreign interests are concerned, whether there is a Whig or Tory administration. An Englishman, who like I vouring to id delicate n pediments no embar- niere party istaken. I r out of my le force of t proposal in with full ' the North d not make ing; to con- it was not th which it subsequent ide to throw nen brought n a manner straightfor- good effect. too tempt- being un- afforded — as they are tot at this ino- •werful and cer- iit, when " con- so numerous, whether there is iman, who like 'M 31 at present — an opening for a hostile attack^ the result of which might easily have been a majority against them^ and thus an appear- ance of the disapprobation of Parliament of the whole measure would havegone forth to the public on both sides of the Atlantic. Could the effect of this have been advantageous to British interests? It is useless to say that the division on Lord Chandos's motion was on a mere question of myself has lived much in the other countries, and sees only from a distance the parties that alternately rule his countrj', loses much of the higoted adherence to party feeling which is kept uj) hy being continually in contact with those of an op- posite creed in politics, lie knows well that cither in the Whig or Tory ranks are to be found a suflicient number of English gentlemen having the real interests of their country at hearty to form an administration. His is a sort of catholic English lecling, that includes difTerent shades of politics. He has reason, however, lo wish that whatever party may predominate, the govermnent should be sufficiently strong to enable it to carry its measures fully and usefully into eflect, and it is particularly as relates to British influence in other countries, tliat this is de- sirable. The inevitable result of a nicelv-bahiiiced state of parties is to imprint a character of vacillation and want of vigour on the acts of a government. This apparent want of djcision and energy is then made a r''proach in Parliament by the op- ponents of the ministry. Yet to whom are we to attribute the inefficiency of measures, which, if they with difficulty pass un- harmed through one house, are nearly certain of being castrated in the other ? Certainly not to those who brought forward the measures, and did their best to shield them from mutilation. Is a strong jnactical government incoinpaiible with a really representative system ? The example of the United States, and latterly that of other countries, almost tend to prove it. 32 economy^* a simple examination of accounts and estimates which Parliament has a right to ask. Such may be the letter of the motion, but the spirit was a wish and intention to throw a degree of odium on the whole mission of Lord Duibam to Canada^ and it is in vain for the leaders of the * And still they cry " retrench ! " The call for economy is a sure card with every party that looks for popularity, and therefore we need not be surprised at it being now a Tory cry ; but it is as trite as it is true to say, that retrenchment may be carried injudiciously far. In our foreign relations particularly, this has been the case. " Les absens ont toujours tort ; " and in English diplomacy a man is either employed abroad, or when at home, is there but for short intervals. If on a retired pen- sion, he cannot, by a most partial and, at the present day, motiveless rule, sit in Parliament. If he happens to be a mem- ber of the House of Lords, or to abandon his pension, he is of course generally in circumstances that render the continual re- ductions in diplomatic allowances comparatively indifferent to him ; consequently, when the cuckoo cry is raised, of reducing our " over-paid diplomatic establishment, " he cannot get up and explain that, so far from being over-paid, in moat residences of our ministers abroad, the salaries barely serve to pay the expenses of their missions, if they live as becomes British representatives, or even as English private gentlemen, without leaving anything as the reward of services, or for future pro- vision ; — that, when compared with the ambassadorial allowances, direct and indirect, made b^' some other powers, Russia, for instance, and Austria, the English salaries are small. And that unless it is intended that none but men of large fortune, like Lord Durham, to whom a salary is a matter of indifferencCj . should be employed in diplomacy, the present system is very injudicious. The sums quoted in Parliament, in the late debate on the il h\ 3.3 ;couiits and ^ht to ask. m, but the )w a degree rd Durham iders of the tor economy is loputarity, and jw a Tory cry ; hment may be ns particularly, «r» tort;" and ibroad, or wh^n [i a retired peii- le present day, IS to be a raem- snsion, he is of le continual re- y indifferent to ed, of reducing cannot get up moat reeidetices erve to pay the ecomes British lemeft, without for future pro- orial allowances, ers, Russia, for mall. And that ge fortune, like of indifierence« . system is very I debate on the opposition to attempt to dispcuise to themsetves or others the true animns of their attack. Every man of common sense must see this. 9^^ The question, however, has been conceded on I all parts, that a crisis has arrived in Canada, calling for extraordinary measures. The old f system of government will no longer work, and it is absolutely necessary to re-model the admi- J nistration of the colonies. "' ■ '^' - ^ •' > ; 1 A mode of cutting the difficulty at once is proposed by some persons in this country, viz. ^J An immediate separation from the North Ame- rican colonies, and an acknowledgment of their independence; — that I cannot for a moment en- tertain. -^ ' Some years of acquaintance with those colo- iiies, and personal and careful observation of their position and progress, has convinced me that the moment has not come for a separation. That such a measure is totally uncalled for, and would be extremely disadvantageous both to the colonies and to Great Britain. It would not be difficult to adduce many facts in support of this , opinion, but it is unnecessary. Very few in Par-* expenses of Lord Dnrliain's mission, as having been spent on a few missions in diU'orent countries under Coimer aduiinistia- tions, wonkl make the present amount o{ the current expenses of our whole dij)lomacy appear very incoiisideiahli-, even with (h6 addilioP of the anticipiUod pxponsc; of the mission to Ca- nada. U 34 lianient seem seriously to recommend a separa- tion, and both Whig and Tory unite,* with pro- per British feeling, in not wishing to repress, but to encourage, the desire of remaining fellow subjects and countrymen that animates the far greater part of Transatlantic Englishmen. For, with the exception of the French Canadians,-[- the bulk of the inhabitants of the North Ameri- can colonies are, in fact, British in feeling and principle, and often in birth and habits. All parties having agreed that at this critical moment extraordinary measures are required, the appointment of a " Dictator" (or by what- ever name the new governor may be called) be- comes necessary — to put an end to the defec- tive system hitherto followed, to clear away the ruins of the old edifice of colonial government, encumbered as it is with antiquated remains of feudal laws, or the impediments of contradictory and incompatible principles of legislation; and, having thus secured a foundation, to reconstruct and firmly establish a new and practicable form of government, calculated to promote ^he wel- fare of the colonies, and to strengthen their union with Great Britain. To do this, it is abso- lutely requisite that discretionary powers, as * Vide lute clel)ates — 31 r. Gladstone ami ollurs. + Nor are the French Canadians (jeiieraUif lavonrable to' a St paration, notwithstandint; late events. 35 nearly unlimited as possible, should be delegated to the authority chosen by the crown. It has been said that such great power ought to be vested in a board, or in a com mission com- posed of several persons, rather than be en- trusted to any individual. But whoever has well considered or witnessed the eft'ects of giving, in grave matters, particularly when promptitude and energy are required, power to a board, even consisting of but few persons, and of dividing, and thus almost virtually destroying, the great responsibility necessarily attached to the exer- cise of such power, will hardly defend such a course. All such boards or commissions have in them the inherent defects of the worst of all possible modes of government — that of a bureaucracy. u^ ; . •- •■ .t'l- ^i :.;" tv* ^(jmci The individual chosen must then be invested with great power, and proportionate responsi- bility. Even Mr. Hume* allows that in this instance most extensive power will be required. As to the choice of the individual, whoever may have been fixed upon, government cannot ex- pect to escape the imputation of party and personal motives in selecting him. This is too much a matter of course to require comment. Ft appears, however, very difficult for ministers to have named a man more fitted for the arduous * Vide debutes of lOlh .lanuarv. 1) 2 3G and important cliarge assigned to him. His rank, position, and great wealth, afford presump- tive evidence, without reference to additional proofs offered by his personal character, that he can have no inducement to accept the post con- fided to him, but a wish to discharge his duties to his sovereign and his country. The natural reluctance which Lord Durham feels and has expressed at leaving England on this mission can readily be believed, and shows that he is fully aware that the seat of the dictator of Canada is not likely to be exactly a bed of roses. His great ability and intelligence are allowed even by his political opponents. He has been reproached with the want of a conciliatory manner, with defects of temper, and with a haughty distance of demeanour, a inorgiie aris- tocraliqite, in private intercourse, that, it is affirmed, unfit him for such a post as that which he is about to occupy. I know not how far the imputation may be justified, but every one knows that the general appreciation of the private character of public men is often most erroneous. The effects on the manners, and temper of mind, of ill health, and domestic and deep affliction at untimely losses, may often be misinterpreted, particularly in the man of high rank, and of pub- lic notoriety ; and their effects attributed either 37 to the reserve of pride, or to contempt of public opinion : but it matters little in the present case. The evils in Canada are not now of a nature to be remedied by any degree of urbanity in per- sonal demeanour, or by the frankest hospitality of a kind and happy temper. Had it been so. Lord Gosford ought completely to have succeeded. It is by serious and important chiinges in matters of deep importance, that Lord Durham must hope to secure the prosperity of the colonies. Were he to keep individually entirely aloof trom social intercourse, (not that it is meant that he is likely to do,) it need not affect the success of his mea- sures. In cue respect, a sort of isolation is highly necessary ; and that Lord Durham clearly understands the nature of his arduous duties in one of its most important points, is shown when he says* that he will not be influenced by any partyf in the Canudas,—*' neither by the English, nor the French, nor the Scotcli party," &c. Losing sight of this salut. ry impartiality of feeling was the source of much harm and irri- tation under former governors. - : ... • Viile lioid Duvlium's spu tli in lie Lonls, 18(h January. + 'J'ho violence of party spirit ii. Canada, in Lower Canada especially, is quite reniarkuLle. At public dinners by the dii- ferent societies at INIontre St. George's, St. Andrew's, &c.) Lord Gosford's liealll u^ ,^ol drnidi on account ol' bis supposed partialiiy to llie d. .tllans. On the other hand, be has been reviled by the (cbielly Auierican, houevcr) palii^ils liir his tvraiiiiii-al opiiri'ssiuii of ilic !-'i( inh- •^8 r"' 'Orte of the first remedial measures of* a new government of Lower Canada ought to be an endeavour to Anglicise that colony ; to render it English in laws, language, and hence ulti- mately in feelings and habits. Mr. H. G. Ward* judiciously asserts the absolute neces- sity of this. The importance of rendering the English language an engine for this purpose has already been noticed. That to infuse a British feeling among the French Canadians, and to cause finally that population to melt into a general Anglo-colonial nation, will be a work of time, is certain ; but the foundation for such a consummation should be immediately laid. In the United States we see daily their popu- lation, of heterogeneous origin, French, Dutch, German, Spaniards, and Swedes, absorbed into the general English, or, as they call it, Anglo- ^ axon population, without difficulty, and with sufficient rapidity. There need be no obstacle to a similar result in our colonies. The increase in population of our colonies has been more than equal, (as Mr. Gladstone truly observes,) has far surpassed that of the United States, and the vast tide of emigration from Great Britain will continue to give a preponderance to the British population, and assist in the work of Anglicising theCanadas.'''^'^-"'""^''^ '^■^^''1 i>l'"^'' •'./ * Vide debates of 17th Jnmuvrv. 39 A Mr. Roebuck himself complains of our making (the Canadians French,* and keeping up their ! Gallic nationality. But that gentleman would, _i perhaps, dispute the legality or constitutionality .of the necessary changes. Let it be borne in .mind that we proceed on the supposition, that a cudignus vindice nodus exists ; that extreme aiea- , sures, such as the appointment of a Dictator with . great and discretionary powers for instance, are necessary. This in itself supposes the cessation or suspension of all constitutions or privileges ! hitherto granted. That there is an open field, carte blanche, for a new system of government. Whether approved or not, such is the fact ; and, ifor auy useful purpose, less than this would not ; do, and Lord Durham is sent out to do good. We must go back to 1763, and begin upon a totally new principle. It has been said in Par- I liament, that we are to look upon the constitu- ', tiou of Canada as de facto suspended, not de jure. But surely the real view of the case is, (.that we should look upon the ancient system as udejure abolished w foto, and only preserve,— as in all practical application of reform must be ij more or less the case— de facto, such parts of the ,1, machinery of government as are useful, and re- ;;:quisite for carrying on any government whatever. Nor would legal grounds (were such technical ^ * Viilc las Si)tali,i2'inil January. 40 authority recjuisite, w heu the necessity lor great aiul unprecedented measures is proved) be wanting, on which to establish the forfeiture l)y the Cana- dians of their ancient (juasi charter. They kgally have even forfeited their heads by their taking up arms against their sovereign. It has been urged by great authorities, Why punish a whole people, wliy include, with sweeping injustice, for the faults of a comparatively small part of tiie population, the whole colonies in a forfeiture of rights, privileges ? &c. But is it said that Lord Durham goes out only to enf{)rce penal measures; that his is a mission of vengeance and castiga- tion ? I conceive the contrary to be the case ; and if he substitutes for a faulty and antiquated system of legislation, an improved civil code in harmony with other British institutions — should he make organic changes for the advantage of all parties, and establish a system calculated to increase the prosperity of the colonies in connexion with that of Great Britain, let us at least wait until we find that the inhabitants of the colonies themselves consider such changes as " punishments," before we condemn the whole proposed nieasure. nioU)* To those who appear to apprehend the pos- sible abuse of such unlimited powers as those ne- cesscU'ily granted on the present occasion, it may be well to recal the nature of martial law, as now actuallv in forte in Flower Canada. When 41 J -I a luw so peculiarly liable to abuse a.^ tfi^t fm^ ueeii lequiretl, the execution of which is necessa- rily confided to so many hands, and, of course, often to persons liable to be influenced by pas- sion and local prejudices and feeling-s, — when such a law has been found indispensable, let them not be alarmed at the power conferred on a supreme temporary head of the government of the colonies, always subject, however, to recal, and to the control of the British sovereign power, — whose every act, — whether he be in- clined to make an injudicious use of his power or not, — will be watched with intense and often not favourable interest. If he is not considered a fit man for the creat trust reposed in him, do not send him; or, if he be found wanting on trial, recal him, but do not, in deference to narrow legal opinions,* and in the fear of confeiring powers that may be turned to evil, deprive Wm\ of the means of doing good. Tlie union of Upper and Lower Canada under one constitution, will be an indispensable mea- sure for ensuring the i'uture prosperity of the colonies. The most judicious speaker in Parlia- ment ou the Canadian ([uestiou, Mr. E. Ellice,-}- * Sir Kdward Siigdoii, liuwcvc, allows the liigulity of any inojiosod clifiiiges, iiiid the lawyor «( cs at oiicctlie advantai'e to 1)0 lalvuii of tlio^foit'cituiv, hy ihe Cimadiuiis, of their Kgul jiosilion. — Drbali' III' ;ilhd January. i' SVe Ml'. Iv Mllico's :;i)('(H'h in the