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Les diagrammes suivar^ta iilustrent la mAthode. 1 2 3 1 2 3 4 5 3 r- ^' tr '■'^J ^ . r. ^'^■<- _^- vi-^tf' y-i-'^ ny SECOND EDITION. EXPOSITION AND DEFENCE OF EARL BATHURST'S ADMINISTRATION OK THE AFFAIRS OF CANADA: TO WHICH IS ADDRD, THOUGHTS ON THE PUESENT CRISIS OF THE CANADAS AND ON THE POLICY OF A LEGISLATIVE UNION BETWEEN THE TWO COLONIES." BY THE RIGHT HONOURABLE SIR ROBERT WILMOT HORTON, Bart., G. C. H. LONDON : JOHN MURRAY, ALBEMARLE-STREET. MDCCCXXXIX. fr il ; 462- KoTt&K\ London t Prinlta by W. Clow»b end Son*. SUiT!foid-Btra«t. H^' -^ t h PREFACE TO THE SECOND EDITION. Thoughts upon the present Crisis of the Canadas. When the first Edition of this Pamphlet was pub^ lished, Lord Durham was in the Canadas, armed with full powers to settle the constitutional question. Under such circumstances I thought it would be equally premature and objectionable to hazard any special opinions upon the crisis, and that on the con- trary it would be expedient to limit myself to the Exposition and Defence of Earl Bathurst's Admi- nistration, especially in 1822. But now circum- stances are entirely changed. Lord Durham has re- turned to England, and resigned his trust, and the constitutional question remains as unsettled as ever. On the 9th of October, the following Article ap- peared in the ' Montreal Gazette.' '♦ We have this day puhlished an article from the * Brin^htoii OazeUe," upon the subject of a pamphlet recently puhlished in England by the Right Honourable Sir Robert Wilmot Horton, late Under Secretary of State for the Colonial Department, in a2 '■ r .J, HI ¥: I -i;! Defence of the Earl of Bathursfs Administratiot. of the Atfa.M of Canada.' The only part of this pamphlet alluded to m the article in question, regards the measure of a legislative union ot Upper and Lower Canada, which Sir Robert Wilmot Horton uv- troduced into Parliament in 1822. with the view of terminatu.g the intercolonial differences which, at that time arose between the two Provinces, and, by an identification of their interests, to render their inhabitants, as they ought always to have been one and the same people. But. so far, the article is to us at least, extremely satisfactory. To us, who, ever since 1822, have uni- formly lulvocated the necessity of this measure, as the only means of adjusting the difficulties of both Provinces, and of per- petuating their connexion with the Mother Country, nothing could have been more gratifying than thus again to find Sir Ro- bert Wilmot Horton at his old post, in respect to the proposed Union, and persisting in its policy, notwithstanding the opposi- tion which it has experienced from prejudiced and ill-mformed men Nothing can be more honourable to the consistency, pa- triotism, and political wisdom and sagacity of Sir Rcbert Wil- mot Horton, than a recurrence, on the present occasion, to the im- portant question ; especially at a time when efforts are made in hicrh quarters to bring the policy of the Union into disrepute, and to substitute in its place u measure as crude anti-British, as it would inevitably lead to the most deplorable state of anarchy in which these Provinces and the Empire at large could possibly be involved. The opinions of an experienced statesman, like Sir Robert Wilmot Horton, ought not to be disregarded m a question of such infinite interest and importance as the Legis- lative Union of Upper and Lower Canada. That Right Ho- nourable Gentleman has had much experience in colonial atFa.rs ; and at the period at which he introduced the subject into Parlia- ment it is now well known, that not only did the imperial Cio- vernment approve of it ; but the o|)position of the day, headed by Sir James Mackintosh, the first political apostle of the Canadians in the House of Commons, gave their assent to the general policy of the measure. Such being the case, in an anticipation of the evil consequences which must arise from the division of colonies which ou..ht never to have been separated, and whose interests H.id prospect** were identical, what ought to be our reflections e Affairs o in the union of orton in- minating between :erests, to been, one , at least, have uiii- the only d of per- , nothing d Sir Ro- proposed ;ie opposi- -iiiformed tency, pa- jbert VVil- totheim- j made in disrepute, British, as of anarchy Id possibly sman, like ;arded in a the Leg-is- Right Ho- lial affairs ; nto Parlia- iperial Go- headed by Canadians neral policy lation of the of colonies se interests • reflections now, seeing that all parlies are agreed that we cannot revert to the old system of things, and that some measures of a fundamental nature must be adopted, in order to secure the dependency of these Provinces upon the Mother Country. What, but that Upper and Lower Canada ought to be legislatively united? What, but that it is morally, physically, and politically impossible, to devise any other means by which to enforce soimd principles of constitutional government into the popular counsels of Lower Canada ; and that, by this means alone, Upper Canada can be saved from the disgrace and imposition of being practically and in effect legislated for and governed in all matters connected with her intercourse with the ocean, the highway to the Mother Country, by a Sister Province, admitted on all hands to be de- void of such authority. O ! hut say the democrats— for we can call them nothing else— we have tmother and a better plan in view, by which all difficulties can easily be obviated, and that is a Federal or General Union of all the British North American Provinces, This, however, is a plan to which we can never be persuaded to give our consent, either in principle or by anypiac- tical modification whatever. But we have discussed the subject so frequently, that it is totally unnecessary to reiterate any of our arguments; especially as tluy have never yet been attempted to be reiuted, and as, with scarcely any exception, the whole of the periodical press, both at home and in the Colonies, has declared itself diametrically adverse to so incongruous and unconstitu- tional a schemo At the Public Meeting held here on the 1st instant, the comparative merits of both Unions, as our readers know, were placed in the balance; and, as we had anticipated, the Ftderal scheme, if scheme it can be called which had neither 'form nor pressure,' was completely and entirely found wanting. There was not a member of the meeting who had one word ui say in its favour. But even if the case were othorwi.M-, the elo- qi-ent and argumentative speeches of the Hon. Mr. Mo'ffatt, and Mr. Day, Queen's Counsel, were sufficient to put the question tr, rest for ever. We regret that the arguments of the latter wtre not fully reported, for they were perfectly irrefragul.le vn every point. All that had been stated on behalf i the views of his excellenoy the Earl of Durham, regarding this question, bv our learned and ingenious friend Mr. Thorn, were completely over- borne b, the reasoning of Mr. Day. Bnt how could .1 be othe- „"se' The laller gentleman argued from the analog, and expe- rience of the British Constitution; while the former was under the necessity of conftning himself to a plan which had not been complcel, developed, and which was attended by the great and formidable disadvantage of never having been recogm^ed M formin- an, part of British government, e.ther MetropoU.an or cToni^l. Thus it is always with new theories and plans of ..overnment. Their authors, like the quacks and emptrics of Ller science, imagine that there is » -"f f-^^^* ] temper, but that their own nostrums are the only safe and effec lual cure. Most certain we are, however, that a Federa lor Ge- neral Union of the North A.nerican Provinces would never effect the pacification of Lower Canada, nor place ,t ,n such a audition of social and political rectitude aswouMensure the u mate and permanent happiness of the mhab.lants. Natoe "ason and experience, .he three great pillars of our unparalleled ronstitution of government, are totally adverse to every .dea ot s^ch a scheme; and its advocates and projectors, however s,u- : 'iuthe inte'grity of their purpose, and eloquent an .ngen.oj. in the exoression of their views, may be assured Ih .t the plain common s'e^ of the country will be sufficierd^ -';;™?"'dThen aaTo set all their schemes at naught. To what hand then cln we turn for relief, but to the Legirfa.ive Union of Upper anu iXcanada, which has received the countenance and support oUo many thousands of our fellow subject, on feth stdes of the A.lanUc, and which has this great fundamental argument ,„ its ton hat if carried into elTect, it would accomplish the reettfi. Tn'of one of the greatest political errors «>»;---;- mitted in the supreme councils of the empire. But it has heen Tb cted to the Legislative Union for which we contend, that the S of the members of the United Legislature and their con- .titLtlwouUl be disloyal. --^;--:r '^r st: w:ir^;e:ti?r:i.e:h^:X%u.gr»nting^^^ be the case, when, we would ask. has *e oon^Utution f countrvbeen established on an arithmetical problem .iketlus. Never These are not the views by which enhgli.eued states,,, n and legislators are generally actuated, in establishing or niodif,- inff any constitution of government, and if they were, it would be impossible ever to arrive at any sort of conclusion, except by counting heads. Nothing could be more unwise and unphiloso- phical. It is not the number of those who may be for you or against you, that ought to be antecedently considered, but the necessity and general compatibility of your laws witli the pre- vailing difficulties of the times, and the leading and prospective features of the manners and habits of the people. However, it is perfectly plain and clear to us, that no measure is so well calcu- lated to bring about a final adjustment of the difficulties of these unhappy Provinces, as a Legislative Union of Upper and Lower Canada ; and, entertaining such an opinion, we sincerely rejoice that the subject has been taken up by so able and consistent an advocate of it as Sir Robert Wilmot Horton. We hope that he may be enabled to prosecute the subject, and place it in such a point of view, as will induce both Government and the country at large seriously to reflect upon it. The time has arrived, when some final and comprehensive measures must be adopted for bringing the difficulties of these Provinces to a close ; and, to our view, it is obvious that no better plan can be devised than the Union which we have so long and so often discussed and supported. It is, we repeat, the only remedy for the evils by which we are surrounded ; and if once fairly set about by the Imperial Parhament, we have no doubt whatever, but the HifR culties which, at first sight, may be supposed to present thems.. would soon disappear in proportion to the progress that mio made in an inquiry into its policy and necessity. In the » therefore, that the subject will soon be brought before Pan ment, we shall embrace an early opportunity to resume our his- torical sketch of the efforts which have been made to bring about so desirable a measure as a Legislative Union of Upper and Lower Canada." This Article was prefaced by certain Resolutions which were moved on the 1st of October. On that day, when a meeting was held in Montreal, in refer- ence to the expected retirement of Lord Durham, it was moved by the Hon. G. Moffatt : — i i Jv .ill 1^ I If it ■ 8 " That this Meeting; respectfully submits to his Excellency its settled conviction that, in the consideration of a comprehensive measure for the future government of the Provmces, the Legis- lative Union of the Canadas, and the establishment of an efficient Legislature therein, afford the only mi;ans of accomplishing their pE:?ification and of perpetuating their connection with the Em- pire, and that any general confederation of the British North American Colonies would, in the opinion of this meeting, not only be inadequate for the attainment of these important ends, but multiplying the present subjects of discord. " No report is made in the ' Montreal Morning Courier' of the speech of Mr. Moffatt, but a partial report of the observations made by Mr. Day in sup- port of that resolution. *' Mr. C. Day commenceti by stating, that the question of the union of the Canadas had been placed by its opponents in a false position, and that its advocates did not claim for it the cha- racter of perfection, but only as the best remedy for our evils that had yet been suggested. If a better does exist, where or what is it ? He then exposed in a masterly manner the ridiculous ab- surdity of attempting, as had been done by one of the speakers, to settle a question like the present on abstract principles *of arithmetic— a question which, more than any others, involved those innumerable influences which with unvarying constancy operate on human nature. In illustration he instanced the posi- tion of the exclusive French majority which had so unscrupu- lously lorded it over the British minority ; they were bound toge- ther by the tie of nationality as well as party spirit. In the case of a union of the Canadas, the adverse majority, taking the worst possible view of the matter, would be composed partly of French and partly of natives of the British Isles, and would thus be de- prived of one of the elements of permanency or cohesion, viz. : the strongest of all bonds— nationality. A majority so composed could not", on the ordinary 5 rinciples l human ualare, pursue any particular object with the same intensity, or to the same extent, as the French majority had done ; cemented together as it was lellency its prehensive the Legis- Ein efficient ihing their 1 the Em- tish North jeting, not rtant ends, Morning a partial |7 in sup- ition ot" the )nents in a it the cha- ir evils that or what is iculous ab- e speakers, rinciples 'of s, involved constancy d the posi- ) unscrupu- )0und toge- In the case ig the worst of French thus be de- Bsion, viz. : D composed , pursue any ame extent, • as it was I by the ties, strong as ' triple brass.' of blood, language, habits, eaucation, and party spirit. It was worthy nf remark, that the arithmetical argument against the union was the only one that had been brought forward with any degree of plausibility. The question between those in favour of a union of th« Canadas, and ^L rTn -u" "^^^'y^broached opinions about a confedera- tion the British North American Provinces, mav be viewed as one o degree. What in reality is the scheme of the latter? M,. Thorn has informed us that, if we were to refer to his Excel- iTwo';; 1 f ''"?^'" '•■'"^^'''^^ an explanation of his vllw , he would reply by asking, what were ours? But if we are to ^o to the current rumours on this subject, we find that we should •sti.l be cursed with the same local Legislature, the self-same French majority, and we should be represented by the same ma- terials .. the general Legislature. The subjects that would come under tn. local Legislature would be c. the very kind that would affec us jiost, and come nearest our personal feelings and in- terests. Prom every view he hac' been able to take the unavoid- ab e inference was, that this contemplated confederation would not relieve us from the evils we now suffered. It was. more- over, a useless piece of machinery ; and that the Lnperial Par- Lament was one confederated Legislature; and ther. was one more consideration which he could not urge with too much so- lemnity, that the confederation could not exist for ten years Without a separation from the Parent State taking place." This Resolution was opposed by Mr. Hart and Mr. Torrance on the grounds : — ♦' That as the third resolution contained considerations of a nature foreign to the object of the Meeting, as called for by advertisement, it oe not put to the vote. "Mr. Moffatt defended the propriety of passing a resolution of the kind, and stated that it was a matter of public notoriety that such would be proposed. Mr. Thorn's letter had given it cir- culation, and at the preliminary Meeting it had been formally discussed. ^ « John Molson and John Fisher, Esqrs., followed, aid con- tended that the union of the Canadas should be pressed upon his B 10 ^il Excellency's notice in the most public and solemn manner pos- sible; and that no fitter occasion than the present was likely to occur soon a^^ in >' As there appeared to be' more than two gentlemen in favour of the amendment. Mr. MofFatt insisted upon a division taking place, when upon a careful scrutiny there appeared to be not more than ten of the whole assemblage that supported it. J he original motion was then put and carried triumphantly." The Address agreed upon by the inhabitants of Toronto to Lord Durham, apparently points out the measure of union as one of indispensable importance. It finishes by saying, " We trust your Excellency, - undeterred by opposition or misrepresentation on " the part of those who are unacquainted with the - true interests of the country, would proceed to the " accomplishment of the great object of your mission. « the tranquillization of British North America, and '' the advancement of her general prosperity." How that tranquiUization was to be effected, and how the advancement ofher general prosperity was to be pro- moted are most clearly pointed out in the Resolutions and Speeches already quoted. That the English Public should receive with en- tire apathy the speculations of the British Cabinet in 1822 is not to be wondered at, but when those peculations coincide with the opinion of some of thv best informed persons in the Canadas, the subject becomes clothed with an importance which otherwise it could not assume, and deserves the closest aHen- tion of the British Public. Whatever may be the varied fortune of i petty warfare, nothing can be 11 more clear than that something must be done of a general and constitutional nature, and I cannot better express my own sentiments than by quoting the words of Mr. Day. " The question of the union of the *' Canadas," says Mr. Day, *' has been placed by it^ " opponents in a false position. Its advocates do not " claim for it the chaiacter of perfection, but only as " the best remedy for the evils of the Canadas that " has as yet been suggested." He then puts this important Query, " If a better remedy does exist, where or what is it ?" The first edition of this Pamphlet, which is here- with reprinted, contains all that can be said upon the details of the Union question ; and I will merely add ray decided opinion, that even should the mea- sure of a general federal union take place, it ought to be postponed until after a union has been eifected between the provinces of Upper and Lower Canada. With respect to the merits of the Lower Canadians, I most unreservedly adopt the opinions of Sam Slick, who says in his " Bubbles of Canada," '* I have " shown you that the policy of every Government, " whether Tory or Whig, has been conciliatory, (a " fatal policy I admit, and one that naturally achuits " and invites demand,) and that every reasonable '• change required (with many very unreasonable " ones) has l)een conceded to them ; that they are a •' people exempt from taxes, in possession of their " own laws, language, and religion, and of every " blessing civil, political, and religious." I concur M Mi ^H^?^i I^B:L.i j^'i ^^^^^^^VF-^-^ » k ^^^^^a 1 ^^^^^^^Fm ^^B^ ' f 1 ^^^^1*^ ^^■^■r :|| ^IKr' . M '11 •,'l < "! If' '*' 'li 'III 12 in his opinion, " That everything has been done, " and evejything conceded to conciliiite them that *' ingenuity could devise, or unbounded liberality " grant ; and no sacrifice has been considered too " great to purchase, short of yielding up the Colony " to their entire control ; and for all this forbear- " ance and liberality they (that is the Government) " have been met with ingratitude, abuse, and " rebellion'' I consequently come to this important conclusion, that a just and well-devised Legislative Union is the most efficient remedy for the present crisis. *' ill! EXPOSITION, &c. House of Commons on the 6th and 7th of March im, as recorded in the Mirror of Pn I ' appears that very severe refle -h! ^'"^'"^«"t' *' ;"e eoionial ad Jnis.^tUt Ta^ oT^ "T for some years orinp t^ tu r '-anada j'crs prior to the formation of »l.o « i Committee of 1828; while on th. .i, T^"^ explanation or defence^ e offer ir" '"""'' "° "Pon any of the nointVl , "'" ""y i"t out those n,easures of • ^ "'"'^ ^^' ^«d to unon ih. "'^asures of improvement, founded "Pon the sounaost views of policy wh i 1 WHS examined bv the r„n„,i r^ 1828. hein ,r " '"« . ^""ada Committee i„ B ...f^u a menii-er of that Committee. A 2 "11 k 'II <■ I J, My examination will be found in Appendix B. Sixty-four Queries were put to me : my answers to those Queries (which, for the sake of convenience, I have numbered from I to 64) will be found to explain the various points which occupied the atten- tion of that Committee. The points of complaint which were more specially noticed in the debates of March ult. were, 1st. " The taking of money belonging to the Colony by the Governor of Canada without the con- sent of the local legislature ; and, 2dly, the dismissal of certain militia officers by Lord Dalhousie upon a certain occasion." Upon the subject of the first complaint, one Query, and one only, was put to me ; vide Query 29. As the point is argued in the following pages, I shall not enter upon it in this place. With respect to the dismissal of the militia officers, which was characterized in the d.^bate as an " unconstitutional act," one Query only was put to me, — vide Query 63, Appendix B. In my answer I explained the grounds upon which Lord Bathurst decided to sanction the act. He was informed by Lord Dalhousie, " That his Majesty's Attorney •' General in the Province of Lower Canada had " given an opinion that the old ordinances of 1787 •• or 1789 had revived, and certain militia officers '• having impeached Lord Dalhousie's consequent " judgment upon the occasion, founded, as it was, " upon the opinion of the Attorney General, not only „ «'f"«ed to attend the summer musters, but other- wse exhibited a spirit of disobedience to orders ■ ^_ m consequence of which Uvd Daihousie dismissed ^_ those person, the circumstances of whose conduct _ and situation made such an example (in Lord iJaJhousie s opinion) neoeuar^." Wd Bathurst had, on these grounds, sanctioned the dismissal of those oihcers. I cannot consider the act of the governor, as confirmed by the Secretary of State, as being an " unconstitutional act ;" but, in any degree to attribute the late disturbances in Canada to this act of dismission, is, in my judgment, to take a highly warped and prejudiced view of the case diverting public attention from those main causes which have led to the late crisi. in Canada, and which It must be the object of Government and Parliament to prevent for the future. But even apposing, for the sake of argun.ent, that blame does attach to certain acts of I^rf Bathursfs administra- tion, was yu.e to waive all reference to certain measures of the highest discretion and policy -as subsequent events have shown them to be ' For the purpose of such a reference it is necessary to call public attention to a docun.ent which app.L-s to have been little adverted to i„ ft.H unent during the late discussions upon the Canadas, vi. the Bill braught in by me into the House of Com-' mons in the year 1822. " to make more effectual provision lor the ^ovtunumnt ..r *k^ _ . ill % "W 1. »■ h' .■4.1. \ t I !*^' 6 • Lower and Upper Canada, and to regulate the ti-ji^de thereof," which Bill was subsequently divided and the union part of it withdrawn. The history of this Bill was thus given in the Annual Register of the year 1822: — " A Bill was introduced by the ministers on the 20th of June to regulate the trade and government of Canada. It consisted of three parts : one applied to Canada those principles of free trade which, by an Act already mentioned, were this year extended to Qur West Indian colonies ; a second class of pro- visions related to the distribution and appropriation of certain duties between the two provinces of Lower and Upper Canada ; the third, and most important part of the Bill, new-modelled the constitution of the Canadas, as fixed by the Act of 1791, and was in- tended to bring the two provinces into a closer union by incorporating their Legislatures, to promote the general prosperity by the abolition of the feudal tenures, and to diffuse the English language and the spirit of the English constitution more uniformly among all the classes of the population. This part of the measure was keenly opposed by Sir James Mackintosh and other members of opposition. They founded their objections not on the intrinsic merits or demerits of the new arrangement, but on the period when it was brought forward, contending that time ought to be allowed to the people of the Canadas to -pr^s their Mn^ ^, ^^.^^ ^^^^ ^^^ AU the n,erchantB of London connected with the Ganadas petitioned in favom- of the Bill- »n/ nf f»,«o^ L ,. "^ ' *"d some of those who usually resisted the Government (Mr t^tts provisions were marked by a spirit of liberaL I"ghly honourable to those who had brought it tb^ wart and that it ought to receive the sanction o Vhe legislature w th the least possible delay. St 1 S James Mackmtosh. and those who adopted his no- tmns persisted in their metaphysical objections : so t ">« '"""^ters found that a measure which had ten brought forward with the purest and nio^ patrio^c views could not be passed in the face of a most strenuous opposition, except under circumstances >v eh might disturb or alienate the feelings of the of separating the Bill into two parts. That which contained the enactments concerning trade and he apportionment of duties was passed: the other wh eh new-inodelled the constitution, was postponed. hir Francs Burdett expressed very earnestly his egre. t at the theoretical nicety of a few of h nends. should have succeeded in preventing or de laymg the enjoyment of the great practical benefit, which could have resulted from a Union of U pS and Lower Canada under one provincial legislature • , ""^ •" S'=">-™uy right, with one most "nportant exception, viz.. the distinct statenienToJ R4l ■ J- •% . * '(if- h ■• ■■■fl r "it .-.e, *. i!' 1,1 <■ "si! I. »' w I ... :| ' i! Mil I! Si i I !;il i 8 the fact, that Sir James Mackintosh opposed the measure of Union after he had given his most un- qualijied assent to its being introduced, coupled with the assurance that he would not oppose it. I find in a letter which I addressed to Sir Charles Marshall, the late chief justice of Ceylon, and who drew up the Union Bill (being at that time Solicitor- General of Lower Canada), the following passage : — " Montagu Square, July 21, 1822. " I assure you that no sort of apology is necessary for your remarks. You must, however, be aware that, if the fourteen gentlemen persevere in their determined opposition to our Bill at this late period of the session, it will be rather physically than morally impossible to carry it. " The whole transaction is one which has hurt me extremely. You well know that the Govern- ment would never have contemplated the Union during the present session had they not distinctly understood that there would not be any serious op- position in Parliament to the measure. The whole transaction was based upon that distinct and un- equivocal assurance." ft f( (( (( (( (( I was assured by an individual of the highest respectability, a member of what was then called the Opposition, that the measure was considered so valuable that no opposition would be offered by " the partv" generally, or by any influential member of that party. 9 The Union Bill was withdrawn. How could it We been otherwise, My letter was daTed 'the ^ist of July, and the catastrophe of the late Lord Londonderry took place on the 12th of August • ^' fo'- the unfortunate state of the leader fthe' lought to the last, notwithstanding the unexpected opposU,„n raised against it ; but, under the actuS c.rcu™tances of the case, no such attempt could We been „aae. The favourable moment was lost. duceth' T""" "' ''"'■™"^ ™P°^""'<=«' "tro. fuced by a Government and sanctioned by an Oppo- s. ion, could not fail to car^ with it a Iral effe t which no contested measure of the Government eouU carry. ^^utu To any member of the Opposition of that date who n,ay n,quire why this measure of the Union was not reproduce in ensuing Parliaments, I would "; return, asic the question, why did no suggestion d.ree^, proceed from some member of the Optol t.on that such re-introduction should take placed Havmg expressed n.yself thus generally with re- spect to the measure of the Union, I would refer Lose readers who n.ay be interested respecting the -etads of that measure as proposed in 1822 to Appendix A. wUinh ;. « lu i _ ^ , ' ■ '" " iitcial copy of the Bill as "".ended by the Com„,ittee, for uniting the Le;i.. 1f 1 1 P' it "1 ■:'■ ;i' 1:: : J III* f ; 'Htm} ', 4ir 10 latures of the Provinces of Lower and Upper Ganadp. If reference be made to the Queries and Answers in Appendix B, from Query 5 to 13 inclusive, my explanation of that Bill will be found in the minutest detail. It will be observed in my answer to Query 1 1 , that I did not deny that unprovements might be made in the Bill as proposed in 1822, especially after the lapse of six years, and the experience growing out of that period. I stated to the Com- mittee, that in relation to the interests of the two Provinces, I did not myself see any alternative be- tween the proposition of transferring to the Province of Upper Canada a port which should enable her to maintain her communication with the sea, and there- by eiFect her independence of the Lower Province with respect to revenue arising from duties on goods imported sea-wards, or, on the other hand, of carry- ing into effect the provisions of a Legislative Union. I was then asked, in Query 12, " Could a port be " given to Upper Canada by any other means than by " annexing Montreal to that Province ?" To which I answered, " I am not aware of any other geogra- " phical facility of accomplishing that object." * I * In reference to my answer to this question, I would refer my readers to a most valuable document, viz., a Report from the Select Committee of the Legislative Council of Upper Canada, signed the 13th day of February, 1838 ; in page 71 of which the Report is as follows :~" Another measure has been proposed, namely, the extend- ing the hmits of this Province, so as to include the Island of Montreal and certain parts of the adjacent territory. There can be no doubt that this would be of incalculable advantage to Upper Canada, by (( t( (t 11 was then asked, " Do you think that the objections _^ to the latter arrangement, on the part of the Lower _ Canadians, would not be almost as strong, as to an incorporating union of the two Provinces'" Mv answer was, " I entertain no doubt that very st«>nK objections would be made by the Lower Canadians against such a proposal ; but, I repeat, that under __ *e '•«l«t.ve circumstances of the two Provinces, and he bounden duty of the mother country to act justly betv, .en them, I do not perceive any other than these alternatives. I cannot, however, avoid re- _ marking, that should considerations of mutual de- __ fence, and a sense of common interest, create a _^ growing opinion in favour of a Legislative Union in _ ihe two Provinces, there does not appear to me to _^ be any conclusive mode of adjusting their interests, with respect to the appropriation of their common " revenue, other than by an identification of interests pvmg her a port accessible fron, the ocean, and thus enaWms her to raise a revenue commensurate ^ith her wants. It wouW take from under he government of Lower Canada that portion „f he populat,™ which ha, taken the lead to the late rebellious mlLn, and would place them under the influence ofother laws and felunl much to the^ own advantage, and to the beueflt of both hie Colon,es. The countty which would then form the ProvLe of Lower Canada would neither be so likely to place itself in an «,ftude 'r und r'tb °"°'^' "°'"'"'' "' '>««»'y'>= -fo^idlle! and under th,, arrangement, Quebec might continue, a, it ough to be. the residence of the Governor General. There are manv advantages ,n favour of this plan, which, in the opinion of ,o"r Com' raitteo. should recommend it stronclv to tb„ n„«l ,. i,_- ., . . Government," ' ' ""' "'"J"")'" J' !*l H IV 1^35^ i« illl"t 'ill i m '* m n *€ t( *( (t it tt . ^ - — -' — •'•itivv mc piuspciiij ui ine country than the laws of England, which their prejudices have hitherto prevented the Legislature from adopting." ,ii ll 14 " position, popular character, and good sound sense, " acting upon instructions from this country, founded " on liberal principles, would have no difficulty in " balancing and conciliating the different parties in '• the Legislature, and procuring from them ample " means of improving the institutions and promoting " the general interests of both provinces." Mr. EUice, however, gave his opinion, that if it were possible more to satisfy the Provinces of Lower and Upper Canada by any other arrangement than the whole measure of a Union, he should be satisfied to sacrifice a great deal for that object. The opinion of Mr. James Stephen, now Under Secretary of State, as given before the Canada Committee, on the subject of a Legislative Union, is as follows : — " When thinking, as I have often thought, on the " apparent fragility of our tenure of the Canadas, *• one, and only one, mode of strengthening it has " occurred to me. I would bring the French and " English representatives with an equality, or some " approach to equality of numbers, into the same •• Legislature. I would appoiiit over tJiem a go- *• vernor possessing temper and wisdom enough to " moderate between the two parties. By maintain- " ing a severe regard to justice, and to the constitu- " tional lights of the King's subjects of every class, " lie might acquire a large and legitimate influence! '* 1 Ills T L-IKkMf io Q ♦..imIj- ^^4. 4.-- l-_ •,. 1 . (( vulgar hands. But I am much mistaken if a great nd sense, , founded ficulty in )arties in m ample romoting hat if it )f Lower ent than satisfied w Under Canada ; Union, t, on the >anadas, ? it has ich and or some le same I a go- [)ugh to aintain- onstitu- y class, fluence. itted to a great 15 would not be derived from the mild, firm, and just ^^ balanced and counterpoised in the same assem resictTth '" '''"T '"^"^"' ^" ^^^8 with respect to the measure of the Union. I now proceed to opinions expressed in 1837 fifteen years since the failure of the Union Bill i„' 822, proposed under Lord Bathurst's Administra- tion. In the Upper Canada Herald, on the 5th of Decen^^^^^ 1837, will be found the following pas- "We mentioned in our last number that we should contmue our remarks on the union of the Province. and we mtended to show that the differences betC J h Provmces could be easily set at rest by tJie authority of the Imperial Parliament. Recent events ave so completely altered the state of affairs in the Lower Provmce, that we can nolonger argue onthal " We would not disfranchise a man because he is a re onner or radical ; but when he becomes an actua rebel, he has thereby disfranchised himself. " One half of Lower Canada has been actively en- ^,edn,rebelhon, or in making preparations fo^^ anu .„. naouan. have thereby becon.e obnoxious to ,ai 16 ' ^ J'' the liighest punishment of the law, instead of being entitled to sit as legislators, either personally or by their representatives. In whatever way the Im- perial Parliament may deal with the revolted districts, there can be no doubt that the elective franchise will either be withheld from them entirely, or be conceded under such regulations and restrictions, that tlu; political power of the French Canadians, as a party, is overthrown for many years, and before those years shall have passed away, emigration will have raised the British part of the population to an equality, at least, with the Canadians in numbers. " We may safely assume, that the power of the French Canadians, as a political party, is entirely broken, and, therefore, the Provinces may be united, with perfect safety to this Province^ and with great advantage to both. A unity of legislation and action, which can hardly be obtained but by one legislature, is essential to the proper adjustment of several impor- tant cpiestions between the Provinces, as the disposi- tion of tho revenue, the improvement of the St. Law- rence navigation, identity of commercial regulations, and a combined action for all purposes of general im- provement, in which the prosperity of one province so much promotes that of the other. And in order to make Lower Cunada a British Province, the union will be, if not necessary, at least highly important. •' N.B. The Montreal Gazette of the 14th Decem- ber observes, that these are the views of ' every per- 17 son of political experience and integrity in both Pro- vmces; and that < upon the Union in question, the sovereignty of Great Britain over thel Copies solely depends.' " In the Montreal Gazette (Lower Canada), of the 19th of December, 1837, occurs the following passage : — o "In all future legislation for this Province, the first questions that ought to present themselves to an in- elhgent member of parliament, ought to be the fol- lowmg : What are the moral and intellectual capa- cities of ' the great majority of the people V Is there any portion of tlie people better informed than another » Is that portion lilcely to become more numerous, and the predominant one in course of time, and less liable to reject the true principles of the monarcnical scheme of Government of Great Britain ? What are the lundamental causes of the late insurrection ? By vWiom was it instigated, promoted, and abetted? What portion an.l «•«'•« attached to the French r; "" '"' ""«'"<"" '" P"' - end to all disputes of a legal sort, to reconcile the jarring interests ,„' opposite v,ews of the provincial inhabitants. ^ vent a great degree of animosity and confusion, f o,„ the.r rooted opposition of interests, and to obviate di" satisfaction from a great ascendancy of one party over another in a united legislature.' " The experience of fifty years of separation be- f^een tAePronnees, and the present insurrectionary plainly show how far the advantageous results, an U -■-pated from that i>np.mo and u„desire])er Canada, on the other hand, would •• be committing much to hazard by the trial ; they are " happily not in that state that should make them " indifferent to any dangerous experiment. Hitherto " a fear of ill consequences to themselves has prevented " the inhabitants of Upper Canada from seconding the '* desires that have been ex}>ressed for a Ijegislative • Union. Tlu' situation of Lower Canada is now 21 : '"t "' '""' '"'"' """' ""P"'-''"" <'h''"ge ; for it i, " Iff'T: "f t """"' '" ^"y- *"' ">« '-VS no lo " r •■ «^ : r '''f " """"''"'"" '"- -«>-"- •• str2 •. ^"' r* "'"' P'"P'^'-''«-^- Although a " ZZ71T' """'""'"•' "' I^"--- Canada J ome tnneto con.e, yet that i« „„t the resource tha ";X"rhpS;-;r.r^^ :p-ana.,t,...,:;-^--^^^^^^ ilow subjects there than by the desired Legis "ti e U..on t p Co,n.„ittee .„u,d not hS ' ay U the people of Upper Can,«la should consen o that „.easure, as they should, indeed, to any othe hat, upon a deliberate consideration of t e case -y appear to Parliament to be the n.ost exp die„ " Again, ,np,^,e71:.-..Sofaras vvemtL pen„medtodetern.inethequestio„,„pona:ir . .4?.«st the change; but if without an Union the «ntish population in Lower ('m-,,!.. /i " cured i,. .1, • l-anada cannot be se- cu,ed an the enjoyn.ent of British institutions, then "t course, ,t umst follow, that the only question T the h test tnnef,r proposing it." This altern Iti" ""l.osU,on expressed in the Keport is hardly, .. *;. , ^T "'""""*'*' '■'"•'"«"• '« -'»"-"• upon " '""■'""'"■■ '''--'-i"» "'■ tlicse points, be..ause tl, tliey c y 00 " Cfinnot convince tlicnisclves lliut an union uifli " Lower (Jiinada alone would Ix; sale or desirable lor " the inhabitants oF this Province. If a mature coii- " sideration of the present and prol)able future state " ot Lower Canada should seem to compel the Im- " perial Parliaiiient to favour that project, there can " be no doubt that ample opportunity will be aflbrded " to the people of both Provinces for offering any " suo-jrestions." Lastly, upon this subject I would call the par- ticular attention of my readers to two letters signed "M.," published in the Morning Chronicle on the 2d of January and on the 2;3d of June, 1838. Those letters are, within my own lvnowledi>-e, written by a person whose local experience, as well as general caj)acity, entitle his opinions to the utmost respect. Those persons who are really and deeply interested in the question of Canadian policy, will do well to "ivc those letters the most attentive perusfil ; for my own part, it is not my object to offer an opinion as to the future, I am only seeking to justify ihe j>ast, and, in vhidication of Lord Jiathurst's government, to demonstrate that if the measure of the Union had l>een adopted in 1822 it would have i)revented the possibility of the occurrence of such scenes as have been lately witnes'^ed in the Canadas. The Earl ol" Durham, in his Proclamation to the people of Upper and Lower Canada upon his landing, says, " If you (the people of IJritish America) on your side will I u i ,„exhuustil,le eJen.e.t. are to l!e ,„u„d in h " t ■-' passage, that the object of those who oH «."al,y eo„te„,,,late.I ,l,e Union was stnCly ,o f„u . ZTZr I .en^arks) „.., ,W..«.«,,, i,,„,, ""^ to hejmiml m th„>,e fertile eountrie, " m.w p..ocee.l ,o the charge n,ade .oa.nst Lo,-,1 Bathurst for hav.ng directed necessary payn.ents to e made Iron, the provincial revenne wi L , the —n of any Ac. oHhe Legislature. On t , ;^ect,..eOonnnitteeofthe,.gislativeCou„ci ['P|. • <.a ada, alter severely c.nn.enting upon the -4'"l.ey o, having placed the Civi, Ust within e .-.nnual contro of the As.e„,l.ly (a n.easure suhs ; r V ".""■^" -'-i-tration), proceed -li ^ . Even so early as the tiu.c of Ur,I Bathurst the gover„u.ent of I.„ver (Canada was in a state o^ -«ucl, en,l,arrassn,«,t and confusion, fro,n ,},e Mai V.:U !,,.-i m I 24 "failure of the Aaaembly to provide for the Civil List, " that Lord Dalhousie, then Governor-General, was " directed to cause the necessary payments to be made " from the provincial revenue without the sanction of " any Act of the Legislature. We do not say that " this direct violation of the law of the Province was, " or could be, justified by any necessity. On the " contrary, it would have been better, in our opinion, " even to have repealed the Constitutional Charter " by the unquestionable authority of Parliament than " to suffer it to remain in full force and at the same " time to sanction its direct infringement by an Act " of the Executive Government. " But the fact, that the difficulties arising from a " want of a settled provision for the ordinary expenses '' of the Civil List did lead the Government to adopt " a measure so certain to be injurious to their cha- " racter and to the future peace of the Colony, and to " preclude all amicable intercourse between the Go- " vernment and the Legislature, is of itself an un- " answerable proof that it ought never to have been " thought possible to leave the affiiirs of the Colony " upon such a footing." In respect to this measure, it was in the highest degree incorrect on the part of the Legislative Council to state that Lord Dalhousie was directed to cause certain payments to be made. The truth of the case will be found in the 29th query put to me, when the same mistake was made by Mr. Eilice. 25 Mr. Kliice stated .. that .e Governor of Wer " arising. " T 'T""""" '» '••^■"•'''y *■- "ifficulty a mmg from the Assembly not voting supplies Z "" warrants on ,.,e receiver, to whL the " TrrActh """'■"" P""^'^"^ "' *•'« Canada 1 ".le Act ; have you any information to give the Committee upon that point ? "-Answer :•■ tI Governor dKl not receive instructions toappropria e any dut.es ..ceived under the Canada SZ but, under the e,nerge„c, i„ which he has been no' unfrequently placed from the total cessation of pphes o carry on the government of the Colo be the Governor) has drawn upon the unapp™ ^-.a^d revenue, and such a proceeding is necesZ I to be justified only from the extreme difficulty and Every person of common fairness must admit that ^^. a substantive distinction between a Secret!^ j State g,vmg dn-ections for the con,missio„ of an ctadly unconstitutional and his sanction!,^ such a proceedmg on the part of a Governor oj. VMed, by the force of eireu,u.tanee.s: to reSL •r* "" fr"*'"'- ^"' "' ">'' — e of tht bZ f,^r"""- -^ '0 •- Pa-ed upon Wd Bathurs tor having sanctioned such a n,easure let » exanune ,f no similar measure has oec „ i- ' •'- I'enod. i, . no apology of one meas ,: "l -,r<^^' . I''- ^'mi v«' .^! II i If 1 lil^'-j <( (< t{ show that it can be paralleled by another, but where necessity in one instance has prompted a measure, and necessity in another instance has suggested one similar in principle, it appears hardly just to extend censure to the first and to exempt the latter from equal censure. The Report of the Legislative Council of Upper Canada, vide page 54, upon this subject, is expressed in the following words : " The Govern- " ment having left itself without resource has been " left by the Assenibly wholly destitute ; and after four or five years of unmitigated insult and violence, without a single grateful return or respectful ex- pression, the Government has at length been com- pelled to pay its judges and other officers their large " arrears of salaries out of the military chest of Eng- •' land, while a large amount of unappropriated monies " is lying in the Provincial Treasury ; and when the " remedy which it is proposed to adopt for this in- " convenience and injustice is considered, it will be " seen at once how strongly inconsiderate has been " the policy of the Government in this very delicate *• and important matter. " The measure proposed by Lord John Russell's " resolutions of 1837 is to take from th-^ Provincial " Treasury the money which the Assembly has de- " clined to grant. The provincial statutes, by Avhich " this money was raised, renerve the ri^ht of appro- '' priafing it caprcsultj to the Legislature, and the •* taking it by any other authority is u direct violation oi the 1. \\v Jtii;! ;i jiluin i!iiViii;.>Tinr!!! oi' tli" ('^sji: t; 27 (I « t( tution. How mucl. better woul.l it have bee,. t„ .It by law and justice belonged to the Crown than by tamely surrendering it, to incur the ne- r? "' f ""'"'f "^ *'' Crown, and furnishin; he Assembly ,n the midst of their factious vio- substantial than all the grievances they had been inventing for years ! " ^'"" '■'■7 ^''"^ i^P'oved in temper and de- meanour by the unlimited confidence tlL had been so incautiously placed in them, the Assembly becan more ru,Wy violent than ever. and. instead of Z- ploying themselves in anything useful to the Colony they procee e,l from one intemperate act to another,' 11 at last they impeached the Governor-General the Legislative Council, and the King's Ministers in' ninety-two outrageous resolutions ; such, in matter n n.„„er. as it might have been supposed would have discouraged any further attempts to cure the evils of LowerCanada by conciliating the Assembly In one sense, the course taken by the Assembly was _ I'onest; for m these resolutions they plainlj an! nounced to the King's Ministers that they would do nothing that had been expected of them ; that what they wanted was a Republican Government, uhich his Majesty might grant them if he please,!, but winch they were resolved at all events to have, and il necessary, by rebellion, in u-hich they .loubted' 'H)t tiiey ivould be assisted by the United States " (C t( (( (i i( (I (t HI m 'h* - «a •'.<, 11^ % il \¥V 2S The inference that 1 draw from these parallel acts is, that there is somethini^ defective in the extreme in the Constitution of thos* Provinces, and that such a defect requires an early and efficient remedy. 1/ 1 do tiot deceive mifnelf, I have now succeeded in showing that under Lord BathuraVs adminiatration a real and adequate remedy was mggested for the inherent difficulties growing out of the Act of 1791, which established the Constitution of the Canadas as it now e.vists. For the reasons given by me in the fullest detail in answer to Queries submitted to me, —vide Question and Answers, Nos. 1, 2, 3, and 4,— I do not hesitate to say, that it would have been im- possible that such misconstruction could have been put forth and acted upon by an united Legislature. The evils, consecjuently, which have grown out of such nii'^construction, in the case of a single L(')i I, .>!..> 1..t..l.. I , » I n "" >:-'!iv- irtlUt: lisiVJ- lillClJ UCfil HCICU iii 29 S 7,:!?'"' '" "" ^*""-^ '«23 unrt 1825. In r„lt /.f ' : '""^ ^"' '"""•« *'- 20"" !'-■' e-i. grants lelt the chores of ,l,eir native country, under tl.e proeet,on of the Govern.neat of tl,u.^h.y o -ope the m feery u„,l destitution l,eyo„d human en- anee vv,„ch forn.ed the rule, and not the exeep- Til" 7 "T""" '" '"""'^- ''''"^y --« ■•--ved to Upper Canada, and mo.t liherally treated. Thei- colonization, not,vith.tanding it was effected at a "■gh rate of expense under the incident of a first expe„„,ent, so far fron. heing an unprofitable ex- pemhture, mvolved a material national saving, an,I was, an every sense, an economical measure. These colonists now for,„ a wealthy body of yeoman-r • and what their feelii.gs are and have been und..rkiL' treatment will best be appreciated by the perusa J- the (oHowing letters, which have passed between Sir X^ei/:-'''-''"^'~'-"^^''''-c-''''- iicicu lii *• Cavendish Stiuarc, May 21, 1838 " My Dear Sir, N'lect (.„rn,n,tt,.e on Emigration in l82?,* in * Colonizations of a similai- ohoractor n.i.rl.t now Im nfr„ . i '^Kss rato of expendituro. The mhwot Jf ^^^^'^ "* ** .■ij.««,.,l i..-.;,i ..!,... , . ■*"*' »«>»Ji'ct 18 too importuut t.. boii;" 80 ht) ■ ff *• which, among- other dociinients, you will find ;id- is no tlemand in Ireland or Great Britain, and, secondly, for whose labour there ia also no adequate demand m a British colony like Upper Canada, is the plainest imafrinable. If such demand did exist, there would be no necessity for colonization, which is an expedient only to be resorted to when ihe labour market in a colony is drufjged and can for the moment absorb no more. 1 am pre|)ariiiff a publica- tion specially on this subject ; but I may here mention that the test of the economy of such a measure was pointed out in the clearest manner in the eij^dith resohition of the select class of the members of the London Mechanics' Institution. After having summed up the whole subject in the jjrevious resolutions, the eighth resolution records that, " in reference to national wealth, if the expense of emi- " gration be less than the expense of home maintenance there would " bo a decided economy instead of an apparent expense in the applica- " tion of national capital to the purposes of regulated and assisted '* emigration." The strongest objection which has been preferred against the policy i»f colonization, as a national measure, is the prestnniod ej-peii,se in- volved in it. It is remarked that it is very true that an Irish pauper is much happier in Canada than he would be in his own country ; but then it is asked what expense is necessary to remove him. It is admitted that he is not wanted iu I eland— it is admitted that ho is wanted in Canada— but still comes the question, who is to pay the money for his removal ? If. for the sake of argument, it ho admitted that there are a thousand married labourers in Ireland, with a wife and three chiMren each on an average, forming a body consequently of live thousand persons, and il it be also admitted that there is no tlemand for the laboar of those thousand labourers in Ireland, and that they have no species of property, it is self-evident that, unless they are supported in some manner, they must perish. Let it be sup- posed that they are supported at the miserable rate of 2d. per head per diem, this 2d. per head must cither be tlic gift of charity or the result of spoliation. The annuiil expense, therefore, of maintauiing these labourer, and their families in their own country amounts to l.'),'208/.; but, according to the evidence of Lieutenant llubridgo, which I am about to publish, and who has been 19 year.s a settler in ('anada, supported by the strongest previous evidence, these (.ne thousand labourers might be located as Colonists in Upper Canada at the expense of •;(!/. per family, or 12/. per head, ecjual to (iO,()00/! A perpetual annuity therefore (I employ this by way of illustration) of- 'i(M)0/., the funds being at ;»0. would enahh. ii loiui of oo.ooo/. in he raided ; whereas, independent of ih e increase of these parlies in I 31 (Ii .. ;i:;;3:;;f '■' ^"-'-^ '^^ •"« "■'«■" -i.- Ireland, supposing them to he charitv fp,l fi • • per (lay per family consfituto, . , ^/ f ' ^^'' ™^"itenance at lorf. -presenJs a capL "ul 1^^."' '.' annuity of .5.208^.. which 'i".«00/.. the sum LceTsa vtr;^ '*^«'^'^"'- '-^-d of -•f^uinf,' on the hypotheti 'ti"t t "'''T'''''- "^^ ''''''' ' -^ " -al demand fc-ILlr" b^.^,- rL"' C^ - "or is likely to be Surely comown ,m,.se ponus 1 t '' ^"'''"• that a perpetual annuity f I "o/ Zi'T" """"^ ^" *'""^' -uu,m. under whiclZ;,iX be"'"' f S^J^^ '' ^«"«^- P^^ :'^' effecting the c.lor!!zaLnt e '^al^es J ^^ P°"«^' .^^e-f-e. ■"to happy and wealthy yeomanry t ST' '^''"^'^'-t^^g them 1-lic-y of keeping them hi IrekmHs mit n ' "' '"™P"''"'^ ^^'^'^ ^^e '.''/. per dien. is in the ex c r ^tl b^ ^""'"■' '"' ^'^^"^ '' per annum bears to a pe^elT , ^ nTC '""f ^ ''''""^^• Mun of 60.000/. bears to a capital sum o'f tlu'l' " ""' ' ""'^^^ An emigration of labourers who exr ,frl«l .. View of being absorbed as labour in iTrst n7"'''' ^'"^ "" necessarily has its linuts, which are nea uredJrtr"'','"/ '"'"">'' tl>e labour market ; but their eolu.uzX. w h ,. "■' '^'"'""'^ '" posing an indeHnite supply of fertile .d ,?^ T ;«s.stan,.e. sup- r trust that the day mav'soon rr w ^'n ,r n"""u '"^•*^^'""- have slumbered in the «,^,vW HeTm,r'' T ''" '^'''' ^^'^h of .8-2r, and IB., only to be 'S n 1 e ^S:;'" 'T ^"T'"'"^^^ of London mechanics, may find somfl'T !l^^^ ment. and be matured i.Uo measmr;^ V" '^' ^""^"^ «^ P^'-ha- The Irish Poor Law ^^^^^ £^:^J:^^\^^ ^-'-^'L and make certain truths ajr,,vont which hannUv ^ '"'^trument. be conceale.1. I will not ^ i^n.^;:^^Z^Z;Z T ''T momentous^subjcct. on the ,lue .oniprehensL of wb , ? ^*' "" ""^^ of Ireland. an,l the repose of Englan.lCl I d I '^''T""'''' to Mr. OConnoU in November 18' ). ^ "'^d'-esse.l , letter This letter was published i.Ttl" .'t L ''^ ,"2 ffd \ ^""'^ "^'^ " I was prepared to show that, as far usThe en. ™ '^ '"'"' " ''"^* " emigratio... when duly ass,st.d by cani a riM ! ^•"»^«rned. •• colonization), had produce.l th groa "< , Je f" T'^' ^"'^'^'""^ •'to human happuu,ss that had ot" ;: t^ .'^^^^^^^^ ••.nankuul --and I alluded specially to the " l" '" ..^'''^"^y "'^ nonsol iH23ar)d iN'i;,, The nublicatinn i,. »„i .-'"••■'• "^'^' ciuigra- I ru 3-2 *' 1 need scarcely remind you that these emigrants, ' while in Irehmd, were in a state of the utmost ' destitution. Had they remained there they would ' probably have perished under the combined inflic- ' tion of physical want and mental despair, " As far back as the year 1826, their gratitude for the favours conferred upon them in removing them from Ireland to Canada was unbounded. Even at that now distant period they tlius express themselves : — " ' For the liberality of a humane and benevolent sovereign no language can express our gratitude, in having removed us from misery and want to a fine and fertile country, where we have the certain prospect of obtaining, by industry, a comfortable competence ; and we trust, my Lord, the report of the progress we have already made on our lands will not fall short of your Lordship's expectations, taking into consideration that we have had to con- tend, in addition to inexperience, with the enemy of all new comers, the fever and ague, to a very great extent ; notwithstanding which, we have been able to provide ample |)rovision to support our families comfortably until we harvest our next crop. " ' We have, reason to be thankful for the wisdom and discretion which appointed over us so honour- able, kind, and indefatigable a superintendent, who has used every exertion and can' in providing for (Mir every want. ** * Above all we rejoice that, in this happy coun- 33 (( <( (< <( << _ y, we an, still u,„le,- ti.e gove™„,e„t of „„,- , '""''™"^ ^overeig,,, to whose .sacred present go- vernment we beg to express the n.ost unfeigned _ loyalty and attachment. We beg ,nost respect- ^ lully to add that we cherish the hope that more of our unfortunate and .suifering countryn.en, at no ~ period, may, byn.eans of the same generous eehng, be brought to .share the blessings we enjoy ' Again they .say:— •* ■' Having now resided about a twelvemonth on our hmds we have every reason to be thankful for the excellent locations assigned us; and we trust notwithstanding the difficulties our inexperience ms had naturally to contend with, that the inves- tigation our worthy superintendent has caused to Je made of our actual improvements, will not be uninteresting to his Majesly's Government, par- ticularly to your Lor,lship, ,vhose zeal in further- lug emigration to this Province is so eminently cons; 'cuous. ^ " ' We take this opportunity of expressing to your Lordship how much of gratitude we owe to the Honourable Peter Kobin.son, our leader, our ad- viser, our Iriend, since we have been under his direction, particularly for his exertions in ad- ■mnistering to our comforts during a season of Sickness smd privation. " 'We beg to assure your Lonlsliip of our loyalty and attachment to our mm-u^u. .Snv-rpum' \ , ^ •^ovi.ieigns most sacred person and Government.' 34 I : :if:' ,('■ < I] lit - ■! .n 1: it it ft (C " Ao'ain : — " ' We have been brought from a country where we had many difficulties to contend with, and sup- ported here to this time at the expense of Govern- ment; our every want has been anticipated and provided for, and independence not only brought ^■M in our reach, but actually bestowed upon us.' " And again : — *' ' We trust our orderly conduct as members of society, and steady loyalty as subjects of the Bri- tish Crown, will evince the gratitude we feel for the many favours we have received. '* • That the blessings of a grateful people may surround the throne of his Majesty is the sincere prayer of " ' Your Lordship's " * Most respectful humble Servants.' " When I endeavoured to point out to parties ad- verse to emigration these passages so redolent of gratitude and loyalty, I was told tiiey were ad- dresses hatched up by persons not really represent- ing the emigrants; that the project of convertin^r miserable and destitute paupers in Ireland was a senseless and dangerous project ; and that if the day shouhl arrive when, either from a rupture with America or a conHict with the French Canadians, their loyalty and gratitude would be put to the teat, they would be found miserably wanting. '• I now beg to know whether the emigrants knovvii in Canada as Kobin.son's Emigrants were <( « 35 t^ey professed in the year 1826 ? " I remain, my dear Sir, " Your faithful humble servant, ,, o. ^ " ^- WiLMOT HORTON. ^ir Francis Head, Bart." «( " 62, Park Street, Growetwr Square, '• Mr Dear Sir, " ^"^ ^'' '«««■ in "v !""" •'.'"* '"''^''^ yo" '""^r of thi« day, ■n which you mquire whether certain emigrants to wI.om you have alluded • were or were no tat tl e penod of the late crisis i„ Canada, i„ ,838 it^ yer^e r "' '"^""^- ^'"'='' '"'^y '•"f-e" in tl:: •■ My reply to your question is in the affirmative On reee,vn,g intelligence that Toronto had t " attacked hy a hand of rehels, the settlers to who n arched fro„, the Newcastle district, i„ the deTtT :::r''"-'y'o«'-'«-o-pporttheJov:!:. " p" '^"'""S » ''«''y <"• the Honourahle Peter Koh,nson-s setf-.rs self-assembled in li„e Z. Government-nouse, I went out and thanked m to wh,c they replied that they were doing weHn' the world. th»i tu^.r i- i. .... » ^^^ "^ a t< 3 ■!!' * by thousands of brave soldiers who have become * settlers among us, and whose glory it is to devote * their lives to the service of their Sovereign. With ' hands and hearts like these a militia is soon rendered * efficient and formidable ; and it may be doubted * whether any CO" ntry of equal population has better * materials for seif-defence than the Province of * Upper Canada. It is at least certain that no * Colony of Great Britain can ever have given a ' more decided proof of attachment to the Crown and * of a determination to support the Constitution and * laws." Without the successful stimulus given to emi- gration generally by those successful colonizations of 1823 and 1825, it may be doubted whether the aid derived from the " hardy, intelligent, and brave population" referred to in the Report would have been forthcoming ; and when the additional aid be considered that - vould have been afforded if the sys- tem of colonization, carried into effect under Lord Bathurst's administration in 1823 and 1825, had been carried on, as recommended by the Report of the Emigration Committee of 1827, that measure of colonial policy should not be set aside when the merits and demerits of Lord Bathurst's administra- tion are under review, still less when they are under censure. Such then is my exposition and defence of Lord 39 wh!^"cll I","* "'"""" "' '•«' '"^'''- "*• Canada when Coomal Secretary during the year 1822 to a few words foreign to the especial subject of this pubhcafon, but due to the memory of one of the ot WBathurst, as an efficient public servant at the in nerfir ""'"""'°' '"'''*'^''' -^^P"'™*"*' '^ ^ery doubtedly h,s general politics did not respond to the movement of the latter days in which he'iivedb!:: m all cases where first-rate practical good sense, and a rap d yet d.screet view of intricate subjects was — ally re<,uired.I.rdBathurst possessed a 11 fa. more able to grapple with difficulties than many effiiry '""" "'" '"" "'"™*'' "^ P"''*'"''' Lord Bathurst had no affection for political eco- nomy i^name, but to the results of a wtse combina- tion of Colonial measure,, which in their character might more or less belong to the science of political economy, no man was more alive. I served under him as Under Secretary of State for the years 1822-23-24-25-26, and part of 1827. My opmions on several points were different from his more especially on the Catholic question ; but such difference never for ono instant affected the riendly and confidential relations that subsisted be- tween us, and, like his friend the late Duke of York ue was too liieral to allow political diflTerences to h i't I |ia M flM ti' ■• H 40 disturb relations which were valuable from a variety of causes independent of mere speculative political opinions It was under Lord Bathurst's Colonial administra- tion that those investigating Commissions were first established, from whose labours, batever minor errors they may have fallen into, much Colonial ad- vantage and improvement has unquestionably pro- ceeded. He first introduced the preparation of what were called the " Blue Books," which name is now even adopted in Parliamentary documents ; and when in my evidence before the Canada Committee in 1828 I stated my opinion " that it was expedient that the most unqualified publicity should be given both in the Colonies and the mother country to all pecuniary accounts, appropriations, and matters of finance," I only stated the opinion which had led to the adoption of the Blue Book system, which system, as far as I have been able to ascertain, has been ap- proved by the most rigid economists. Above all, for a daily sedulous discharge of the peculiar duties of his office as Colonial Secretary, no public man who has ever filled that situation has been more remarkable. These ma»' ^e facts un- known to the English public, but they are known to those persons who had opportunities of communica- tion with the late Lord Bathurst ; and, as his friend, I am happy to record them without fear of contra- diction from any quarter. 4i APPENDIX (A.) A BILL (as amended by the Cnmm.ff x r other, a join. I,egi,|a,„, r bmh ,h "r'*"'"" «» '« each a separate Legislature foreactof 1 J i ''""P""^ *»„ sent by law established ""' ^'■°""''^' "= »' P^- b, » "r.r azr;::f:-j rrr-' '«-'^' Temporal, and Commons in Z „' ^■■''' ®P"""»' «»<< and by the an.horfty „f The am C"' t™"' "'''"""=<'. ■n .^e .hir,..«rs. ^ar of r^rl^rjr'', 5'" ^=' P-e''l.-« in the thirtv.«r,t year of Z f™"'^ "*'"'*'" P^^»«l e^-JMhe Third, iLhnled " A T, °, " ''!' ^'^J'^'^ Kin^^'i^"* "-..theThi;!,:;,::,:;, ..Anvi"" "r ^'^j-'^'^'-^-^'aE?^ •an, Ac. passed i„ .he fourteenth Ll7Kr',:!"^!"r«.-fSS.^'' " an Ac. passed i„ the f^artee ,h ve^r 'fT'j '^'" ■»"•" ""•■«"--. " in.ituled, 'An Act for m.l, ^ °*^'"' Majesty's reign, f,"''.'""" .. ,„ ' ^" '*"-"<" makmff more o(B.„....i -^ ./ _ fc"' Provm " in.i.„led, 'An Act for ml '""'' "'''"' '*''>»'J''^ '^isn, r'"''"' «it/-. ^ '""^ "l^Kinff more efFppHial „- •• ^ ^"» Provinces of •' 'Government of the Provinl T^. f Provision for the Jj°-" «nd « « J . . i^rovince of Quebec in A7V,**i .1 Fpp" <-ana- and to make further provision for th. r ^^mca, "a. repealed " ' Province.'" as provides for !h Government of the said within each of the' sai"^^^^^^^^ Council and Assembly and Z h ''T'^^'^^y' ^ Legislative •ative Cuucil and Asf^lt tf^^^^^^^^ 'if ^ ^«^••- same is hereby repealed, exLt Tnio t T 'e lame ^"' ^'^ t''e provisions thereof, mav by this present A 0.}!. *?' "^ °^ applied to the purposes of th/joint E ture t^b""'""' '' m manner hereinafter mentioned : P^^d ^so th T'''"''' of an Act passed in the fourtepnth r f ' ^^* '° ""^^ 'ate Majesty, intitu.ej; « In Tc forT. '' "'^"^ •'^'^''^ ^'^ ;; Vision for the Gover'nme: T^Pr^Z'ToT''^^^^^^^ Ameitca,'' as is r.n«.....^ u.. .. . '.^^.'"'^e »* <<^Me6ec in North '"'"'' "' '^'^ «^'^ Act passed in the thirty- ,i I ' ' 42 first year aforesaid, shall be deemed and taken to be, and shall remain repealed. Konr** ^^^ ^^ '*■ ^"'**^^^ Enacted, That from and after the passing joint Legisia- of this Act, thore shall be within the said two Provinces, and for tive Council, . . . , _ and one joint the Same jointlv, one Leffislative Council and one Assembly, to Assembly for, , , . , both Pro- be composed and constituted in manner hereinafter described, and which shall be called " The Legislative Council and Assembly " of the Canadas;" and thatwithiii the said Provinces, or either of them, His Majesty, His Heirs or Successors, shall have power, during the continuance of this Act, by and with the advice and consent of the said Legislative Council and Assembly of the Canadas, to make laws for the peace, welfare, and good go- vernment of the said Provinces, or either of them, such laws not being repugnant to this Act, nor to such parts of the said Act passed in fche thirty-first year aforesaid, as are not hereby re- pealed ; and that all such laws being passed by the said Legis- lative Council and Assembly, and assented to by His Majesty, His Heirs or Successors, reassented to in His Majesty's name by the Governor in Chief in and over the said provinces of Lower and Upper Canada, or in case of the death or absence of such Governor-in-Chief, by the Lieutenant-Governor of the Prov of Upper Canada for the time being, or in case of tl. -'ewtb • sence of such Lieutenant Governor, then by the L .itmiin 'ilo- vernor of Lower Canada for the time being, or i. < ihere shall be no Lieutenant-Grovernor at such time resident in the Province of Louver Canada, then by the person administering the government thereof for the time being, shall be and the same are hereby declared to be, by virtue of and under the authority of this Act, valid and binding to all intents and purposes whatever within the said two Provinces. Joint i-eKii- And be it further Enacted, That the present members of the lutiveCuuucil _ . , to consist of Legislative Councils of Lower and Upper Canada shall, bv the present . . ■ . » i • ■ MembtTsof Virtue ot this Act, and witnout any new or other commissions ciii. lor that purpose, constitute together the Legislative Council of the Canadas, which said members shall tal.e precedence in the joint Legislative Council according to the date of the instruments by which they were originally summoned to the Legislative Councils of the two Provinces resnectivelv i and that it shall aluo 43 be lawful for Hi, Majesty, His Heirs or Successors, from 6me u, lime, by an instnimenl under his nr ih.:, ..- . ri^e and direct the said Gotmorj; '^'-"gn manual, to autho- jesly to the Governor-in-Chief, or under any other sJ«Z^ »a.d G,„er„„r.i„.Chief shall be by His Maje sty d re ted ^^ Sel o'f^hlT"^'"' ^T' """ ""''" '"='' b-a,led he Gre'a iesTv Hi, H =" ""'" P"™" ■" P"^™' "^ His Ma- S„ I„ hTvl "="""• '""" """" «" -d 'ha. ever, rill tt t, K " """'"°""' "• """ ^"'-^ Legislative Coun' CH shall thereby become a member thereof tZv" '° '^' Legislative Council of he sai two Provinces respectively; and that every member of h! J Legislative Council shall hold his seat for' I™ Jet™ "nd ».th the same rights, titles, honours, ranks, dignities, nriv w's a^d ■mmumties. and subject to the same provision, condk ™ , •ions, invitation, andforfeitures.ai,dLth:::;rodropr:ctT ing, for hearing and determining by .he said Legislative Coundl ol .|.."s.,ons which shall arise touching the same, as are , 01™"^ Ac. passed >,, .he thirty-lirs. year aforesaid, menlioned a nd con,ai„.,l „,th respec. .0 .he members .hereby direCedlo be r— :et"' '"^ '-'"'''- ''--" - 'he\„ott;Le: And be i. further Enacted, That the Governor-in-Chief „, i.. oa- of his death or absence, sue-, other person ifd 7^ der respectively as is hereinbefore directed, shdl hav poTe i^^d authority from time to time, by au instrument underUe _.-at Seal „f .he Camias. ,0 constitute, appoint and rlo e the Speaker of the said Legislative Council And be it further EnaCed. That the members at nresen. com P.«,„g .he Assemblies of .he said .wo Provinces .h.M ItZ' '^itb »u.., new niember, as shall or ma, be re.urued for'ei.her Other Per- sons may be summoned. Such Persons only shall be summoned as directed l)y 31 a. 3. <^iOvernor to npiwint and remove the Speaker of the Legiila- tlve Council. Joint Aiiom- bly to cnnsliit ••i!t!r [:— 3cn; Members of both, and to / ,i^' Mr i * ■ t I Act of Upper Canada, 60 G. 3, to cjatinue in force. 44 umii'Tjuiy "^ ^he saul Provinces respecUvely in manner hereinafter men- IZev'du" *'0-'«d' ^o*-™ anved. shall be and continue until the first day of July one thousand eight hundred and twenty-five, unless sooner dissolved ; and that in case of a dissolution of the said Assembly, or of vacancies occurring therein, members shall be returned from the same cqunties and places, and in the same manner, and in the same .fl^mbers, except as hereinafter otherwise provided, as now by law they are retumedwithin the two Provinces respectively. And whereas an Act was passed by the Provincial Legislature of Upper Canada, in the sixtieth year of the reign of his said late Majesty, intituled, "An Act for increasing the Repre- " sentation of the Commons of this Province in the House of "Assembly;" Be it therefore further Enacted, That the said Act, and all the provisions therein contained, except as herein- after otherwise provided, shall remain in full force and effect, and shall be applied to the representation of the said Province of Upper Canada in the joint Assembly, in like manner as the same were applicable to the representation thereof in the As- sembly of the said Province of Upper Canada before this Act was passed. iZ:^Cal. , ^"^ ^ '^ ^^••ther Enacted. That it shall and may be lawful n^wSr/"' '^*^ ««^^"'or, Lieutenant-Governor, or person administering Tr„Xto ''' ^r.'""™""' "^ '^' '""'"^ ^'•«^'"^« °f Lower Canada for the «»'.: tv ' ^''"^' ^'"""^ '*'"" *« '""'^ ^« »'« «h"» Judg^ expedient, from A«ombiy. and out of that part of the said Province of Lower Canada which has been erected into townships since the number of represen- tatives for the said Province was settled by proclamation, to form • and erect new counties, by instrument or instruments under the Great Seal of the said Province, each such new county to con- sist of not less than six townships ; and that when and so often as any such new county shall be formed and erected as aforesaid the Governor, Lieutenant-Governor, or person administering the' government ol" the said Province of Loiver Canada, shall issue a writ tor the election of one member to serve for the same in the Assembly ; and that whenfoevtr the said Governor, Lieu- tenant-(Jovern(.r, or person administering the government as atoresaid, shall deem it ex,,edient that any such new county, or 45 -ntsfo,., ha. purpose: Provided .llathl" ^ "'"»,°": »- any counties now .recleH „. , i u ^J ° subdivision of of the said ProviLs ttlr ' . "rf " "•«^'^'' "^'hi" -"•- increase the number of r. f "'"'"■"''' '» "'«»'' •» vided also, thr* t uuIbTr "" '"' '-h counties : Pro- shall not exceeo xty '^P^'«'n""ives for each Province ofXtfa;t:::f^r^„^:"V-^y»'-ieh the number.... •ft" be passed by HrMaie^v bv . "d ^ """'"*' '"''" ""*■ ™*'»' sent of the said '^ shH ^Oo^ .^l'',::^'' . ' f" """ """ ^""'" same shall have been pa«ed .y two" irdsltaTf .^' "'"'" *' ^'"-S" present a. the question for the secoldfd thi^d ! " '"""r'"'^«~. same in the said Legislative Council and As^emu"^ And be it further Enacted, Tha I a^^Tr''^- and regulations respectinir the .,,„ ■ . ' provismns P„,i,i„„ dnties, privileges .nd^Sies of rXlr' r'T""' £■'""- 'he said Provinces respectively and Z^/""'*'' "f'-S"-*" qnalification and disabifity of »rso„, toT. "^ "•« ehgibility/- said Assembly, or to vote onTe " ,e iT „f "T " '" "" and respecting any oath to 1». ITl 1. "'' ""•■"hers, such eleL,^a„d re°«l!^.l 1,7 '' °'''"'''''''' "' ™'«'-» "' lions, as are contained in the said I , * '""" '^ in .he tbirty-arst year a.br:^ire Je^IrT rth'"' T '" Visions t.nd reffulat.rin« „r^ i u • ^"'^ "^'<^ P»"o- re.n.in and com ue II rboth" 7:'" "'""'• »^"" and that all and everv .h ■ "' "" '""' Provinces ; the objects abote:r :td:~frmTh°r '^"-^""^ in any Act or A ts of ih. „- ■ , , ' "''"'' '" contained in Ibrce in e tifer , h. aWp"" '"*'»''"""». "hich are n„« and continue in forc?:S,rhZ:re'r'r''"r- ai* hereby in anvwavs «li„,.j .-, , '""• '^«<*l'' as the same joint LegLtur" ' ^' """' """""'»' P'-i^ed for b, the And be it further Enarimi i^u-* ..l. - -- — arm «u orten hereafter oo.„„„, ■IE i!| \'. Ami 8)inll iuui- Writs for tlm o'oc tiim of Mem- t)rr8, n« ilirorted by 31 Uuo. 3. Qimliflcation ill futurt" to tju r(>jil I'ro- pt'rty, totlio viiluii of i;*500 stur- Oittli to that efTuct. 46 as it may be necessary to summon and call together a ne v As- sembly for the said two Provinces, it shall and may be lawful for the said Governor-in-Chief, or in case of his death or absence, then for such other person, and in such order respectively as is hereinbefore directed, by an instrument under the said Great Seal of the Canadasy to summon and call together the said Assembly as hereinafter expressed and provided. And be it further Enacted, That Writs for the election of members to serve in the said Assembly shall be issued by the Governor, Lieutenant-Governor, or person administering the government of the Province within which such members shall be chosen respectively, in the same manner and directed to the same officers and returnable within the same period, as in and by the said Act, made and passed in the thirty-first year aforesaid, is directed and provided. And be it further Enactr 1, That on the first general election of members for the said Assembly, which shall take place from and after the passing of this Act. and on all subsequent elections, whether general or for particular places, in cases of vacancy, which shall be holden in either of the said Provinces, no person shall be capable of being elected, who shall not be legally pos- sessed, to his own use and benefit, of lands and tenements within one or other of the said Provinces, of the value of Five hundred pounds sterling over and above all rents, charges and in- cumbrances which may affect the same, such lands and tene- ments being by him held in freehold, in fief, or in roture ; and that every candidate at such election, before he shall be capable of being elected, shall, if required by any other candidate, or by the returning officer, take an Oath in the following form, or to the following; effect: — *• h A. B., do Swear, That I am legally and bonajide pos- " sessed to n>y owt' use and benefit, of lands and tene- " ments within the Province of Canaua^ of " Ihe value of sterling, over and " above all rents, charges and incumbrances which may " affect the same ; and that the said lands and tenements " are by me held in freehold, in fief, or in roture [as the " case may hv ;] and that 1 have not obtained the same re- 47 ISO tnat 1 am otherwise qualified, accordino- tn th. Provinces resoectivelv LVr 7 u '^ '" ^'^^""^ of the said oj luuy isKe a laise oath respect nc his nimiifioo*: swearing fiither as candidate or voter at anv .u. r . quahfication, faUeiy guilty And he It further Enacted, That whenever herp«f>.r o t.on Shan arise touching the validity of ZZ^ZZ ZT:,?^^^ any person in either Province to serve in thpT Z ' And be it further Enacted Thnt U ai,nii j for the said Governor-in Chlf """^ ""^^ ^^ '^^f"' «"~ fh.n f . ""^e'^'ior in-Chief, or m case of his death or absence t^'^ "^ '""" then for such other nprann o..J : , , "' "'"'♦^"CCf ^woMem- ^, . • U „ "."^"^ P^'^*""' and m such order respectivelv «s i,^""^.*''" hereinbefore d rectPd if nt »n,r ♦.•^ i l ,. . «"'''"**^'y "s is Ex lUv,. ""' " ^^ ""y t'"ie he shall deem it exnedipn* t^""'"* n "f o .„mm„„ a„d authorize, by .„ i„„™„.„, „„j„ ,„.,;L™ I -tS:"™ se.1, .w„ member, of .he execu.ive Cmncil „f each Prov 1 l""""- » ... every A«mbly, wi,|, „„„„„,■ ,,,^, '^a^l" all otl„.r power,, privilege,, and i,nm„„i,ie, of he ZlT .hereof, excep. that of vothig members "lot InU-r than 1st .'■ t«.elv..„..-j.. ,_,.,.u. ' :"■.■■' "■■" "■'" •"«.™«rd8 in cvervlZ.'*;.'"'' ""' """ '"" "■« -" f'»vern„r.i„.Chief, orCS.*, warclii. Vr /i !Kl^; ,*18' Krery future Assembly to continue five Yvars. Majority of Votes to decide. Oath pre. scribed by 31 O. 3, to be taken. Royal Assent to be declared or withheld us nrcscribed by 31 G.3. 48 in case of his death or absence, such other person, and in such order respectively as is hereinbefore directed, shall and may convene the first and every other session of the said Legislative Council and Assembly, at such places within either Province, and at such times, under the restrictions aforesaid, as he shall judge most conducive to the general convenience, giving due and sufficient notice thereof, and shall have power to prorogue the same from time to time, and to dissolve the same by procla- mation or otherwise, whenever he shall deem it necessary or expedient. And be it further Enacted, That every Assembly hereafter to be summoned and chosen, shall continue (br five years, from the day of the return of the writs for choosing the same, and no longer; subject, nevertheless, to be sooner prorogued or dissolved by the said Governor-in-Chief, or in case of his death or absence, by such other person, and in such order respectively as is here- inbefore directed. > And be it further Enacted, That all questions which shall arise in the said Legislative Council or Assemblv, except in the cases herein otherwise provided, shall be dedded by the majority of voices of such members as shall be present ; and that in all cases where the voices shall be equal, the Speaker of such Council or Assembly shall have a casting voice. Provided always, and be it further Enacted, That no member either of the Legislative Council or Assembly shall be permitted to sit or vote therein, until he shall have taken and subscribed the oath prescribed for that purpose by the said Act passed in the thirty-first year aforesaid, before a person duly authorised to administer the same, as in and by the said Act is directed. And be it ftirther Enacted, That any Bill which shall be passed by the Legislative Council and Assembly shall be pre- sented for His Majesty's assent to the said Governor-in-Chief, or in case of his death or absence, to such other person, and in s.ich order respectively, as is hereinbefore directed, who shall, according to his discretion, declare or withhold His Majesty's assent to such Bill, or reserve such Bill for the signification of His Majesty's pleasure thereon, subject always to the same pro- visions and regulations with respect to Bills which may either be 49 assented to, or from which Hi. M • . , holden, or which may be resfr ^d H 'T' "^^ '^ ^'^- be. as in and by the said a7 ''^'^' ^« the case may afi'-said.arecontan d and en fT' " ''' ^^'^^^fi-* y-' respectively. ^"^ ""^^^^ '-ith regard to such Bills And be it further Enacted Thn# oii , nances which are in force at thl r . '^'' ''^'"^^«' «' o^di- Aii Law, the said Provinces or eithel of X ""^^ ''"''''' within S:Sr respectively, shall remain and contrre't'^'" T^ ^''^ thereof »- authority, and effect in each of h .id ^ '^ °' ^^^ ^'^'"^ ^--. K^ 'f th,s Act had not been made, exceo ;„ T'" ""^^P^^^'^^^y - repealed or varied by this Act or /' " ^ '^^ ««"»« ^re "•ay be hereafter by virtufof In^ "I '' '^' '^"^ «hall or Act repealed orvaried by HsMjelTu'^' authority of this and with the advice and "onsen Tn^^V '' ^"''' '' ^"*^^««-^«' by and Assembly. ""''' °* '^' ««'d Legislative Council And be it further Enacted That ii • u ties, and advanta^^es which are atn "^ ? P^'^''«ffes, immuni- P.ivne«.s enjoyed by the members of e HZT jf' ""^'^^^ ^^ '"-- ^anarfa respectively, shall contiteTot ' "" **"' ^^^^' by them as members of the sJd A, m """'''''^ ^"^ '""i^y^^ ^"'1 and as ample a manr^ as hert T ^n ' ''' ^'^'^«'^-' - as no privilege of the said Teg^ J^C " •' ^ -mbly, shall extend or be co t '^^^^^^^^ ""' «^ ^^e said As- •mprisonmentofanyof His M '"'""^ to authorise the bers Of the said U^ltc^^^ ^tf^ T .'''"' --' officers or servants of the said h^Hi '"'"^ Assembly, or be passed declaratory oi the H^f' T"'"'^' ""*^' ^ Act bodies in this respect. ^ "" ""^ ^^'''^''^ff^^ of the said And be it further Enacted That e «d iegaalive Council and SJLu^L'T' T" """-l^-*^ 1« 'n the E,u,luh language and n„„ J",^ "" "' """■• "■.«&*[,'» Ac., all debates in ihe aa d Wi^^ c, f '"'''"^ '"■""' "'°"- Assembly, shall be carried on in VZlulT '" '" "" "'" Other. "*' */'^i"v,ces rendered bv S"? " "' •■"- to receive'such ;:,:lt7a7"''™ '''°™''^-''°" -n- SF "tlierwise provided for by anv Ac, ^ T""'' "" ''""""■"-. "n.il * •■'» M;i-.y. His Ueirs or slZit I^h t;"^" "^ I'"-" --y His ^""" '"' '" "■^■'"'"- ''^°-' -« A^enlbCt err ^°"^'"' °^ ,'.'.■" regulations, said Act, to any Act (in particu- bereby de- which shall embly, and and by the e accounts, ; "ftv '■ 1; 52 APPENDIX (B.) i/J.ti M Hi T • I I Examination of the Right Hon. Robert John Wilmot Horton, a Member of the Com,mittee. Query 1. — Are you of opinion tliat under the Act of 31 Geo. 3, c. 31, the Assembly of Lower Canada were legally entitled to ap- propriate the duties collected under the 14 Geo. 3, c. 88? — I am of opinion that they were not legally entitled, for the following reasons : first, there were two Acts passed in the year 1774, relating to the Go'vernment of Canada, the one the 14 Geo. 3, c. 83; the other the 14 Geo. 3, c. 88; the Act of the 31 Geo. 3, c. 31, commonly called the Quebec Act, specifically repeals so much of the Act of 14 Geo. 3, c. 83, as in any manner relates to the ap- pointment of the Council for the affairs of the said Prcvince of Quebec, &c. : it appears to me to be conclusive that that partial repeal involved the continuance in full force of the remainder of those Acts, the latter of which imposed the duties in question. Secondly, the 46th clause of the 31 Geo. 3, c. 31, which is mainly founded on the 18 Geo. 3, c. 12, commonly called the De- claratory Act, enacts, " That nothing in this Act contained shall extend or be construed to extend to prevent or affect the execu- tion of any law which hath been or shall at any time be made by His Majesty, his heirs or successors, and the Parliament of Great Britain, for establishing regulations or prohibitions, or for im- posing, levying, or collecting duties for the regulation of naviga- tion, or for the regulation of the commerce to be carried on between the said two provinces, or between either of the said provinces and any other part of His Majesty's dominions, or between either of the said provinces and any foreign country or state, or for appointing and directing the payment of drawbacks of such du- ties so imposed, or to give His Majesty, his heirs or successors 53 ■■epeal any ,„eh law or law, „r f' ? T'"''"'''y' "> "'"'y or "- 'o „b..r„« the execu" ;Tir !^"-f. - '" any „L. contained in the 14 Geo 3 c sr^li 7 "'"""' "> «'^ '"K's T""-™ «" •>= -™d on be'twlLtT ""' ""^ "^'"'^ "- the world, according to the nhVor , T "'"' """'■•parls of 'Leytaposea dutyrfsro' v'vTr' i" "" '''* *"-•• spirits, of the manufacture of gZIr™ '''''"''^ "'«' °">- of rum or spirits imported from anl^f '"" ^''!'- '"' ""X g-Hon ""■^ in the West Indies- Z Z ^^""''^''""''''''oh- from other colonies in Imer^, '" /'"^ =-"»" "f ™m imported ■"■andy or other spirits of ft™; '^'' "'"'J' K^llon of foreign •."ughtfrom oJn^tZ?^ ""'f^^'"-' '•™Po"edtr "«a.ed scale of duty, hav g 'a" f ° ^V. ^ ^---'i". a gra- rests of the country ?f,h„r '"™ 'o the commercial i„le- ".ink they will be convfn ZuT "'" """ ^* "> »■ «- 1 Act in force, and not to repeal tZ"' ""'"'''^'' '" """»*'" this vided always and b. i enact j . "r™ ™"^ '''"»-" P™- ■hat'he ne. produce of all'It w ich th:""':"^ =''°™-"- (makmg „o aliusio,, whatever to ,1,7^. " ™ 'mposed" imposed) "shall at all times Lift . '' "'""' "'"" <"'" «» "« o, each of the said ZntrCtlr ''''','': =»" '^ ">« wr only as shall be directed h P'', '^'y' a"d ". such man- made by His Maje^t^'hrhtirsrsLtrs'T ^'"^'' ^^ ^ adv.ce and consent of the Leoisla ive T? ,' ^ ""■ "'■"■ "« such province." -^eo'slalive Council and Assembly of Thirdly, because if referen... 1,. j colonies which possessed Waturer^.J" "' ""' "' ""- the Declaratory AC, it is pe^^y' to iou: .r'"" "' ""'''"^ «ear has elapsed since that DeclaratorvT^t ""' " "'"S'" utieshave "ot been levied, and "l^^::: f;-")- '» "hich dcposued in the Exchequer, a-A/oAwt ""i"'™"°fy. and ^cb r>a«a prior to Me i)Xtfc,^l/'l ^f ""*' **'* attention of the Committee ,o the cit i ' '^^ '""^ '" <=»" "»' "ioners of Customs in Jamaln I. ""amaica. The Commis- •'y,....tiesieviedu,,d:rt;rw;rtr'?t:r;rr'-'''-"- appears in the y^nr l«oo. ^„,. _ '^ T' '-'**''*« ^^^ schedule as it E 2 H» f 1^ 54 ditto, 6 Geo. 2, and 4 Geo. 3, 3252/. 8^. If c/. ; if the construc- tion contended for by the Assembly of Lower Canada be legal, 't is qnite clear that all these duties have been illegally transmitted from the period of the Declaratory Act. Fourthly, because Colonial Acts which were in force prior to the Declaratory Act, and which directed the approprip'ion of monies other than by the Legislature, have still amtinued in force, notwithstanding the Declaratory Act ; this fact appears to me to afford by analogy a proof in defence of the construction for which I contend. 1 would call the attention of the Committee to the Bahama Act, pasi;ed in the 8 Geo. 2, for levying divers sums of money for the payment of officers' salaries, defraying the exjjense of holding Assemblies, aiid other contingent charges of Government; not only has this Act been in force since the period of the Declaratory Act, but the law officers of the Crown gave an opinion in February 1821, that ascertain suspending Acts had terminated, under which this Act had been repealed, it must be considered to have revived, and that His Majesty might apply the monies levied under it, without the intervention of the House of Assembly, and without any other specific appropriation by the Legislature of the Bahamas. For these reasons I am decidedly of opinion, that the construction contended tor by the Colonial Assembly of Canada, namely, that they have a legal right to the appropriation of the revenue raised under the 14 Geo. 3, is a construction not to be maintained. 1 would now beg further to explain to the Committee, that the disputes arising between the Executive Government and the As- sembly, have mainly arisen out of this construction. From the year 1818 up to the year 182.'>, difficulties constantly occurred in consequence of the maintenance of that opinion by the Assembly ; but in 1825 an Act was passed during the administration of Sir Francis Burton, (5 Geo. 3, c. 27,) in which is the following pas- sage : — " Whereas, by the message of his Excellency the Lieu- tenant-Governor, bearing date the 18th of February 1825, laid before both Houses of the Legislatur*.', it appears that the funds already appropriated by law are not adequate to defray the whole of the expenses of your Majesty's Civil Government in this pro- vince, and of the administration of justice and other expeiises 55 ™.der i. are lefa/y Zro^t^I .""-"ed 'ha. the f„„d, .aised tioally reducd itee^loZ' T"^' """' *'" ""y P-- tive Government ulnX r *°''^"' P'"'^'' ''^ ">'= E,e™- .his sum of 3 90 ,", VriTlf "'^""^ "f'^^"'- '«- «"• cificailv objected (o bv the' A IT"" '° "'"'''" "•^'"» 'P'^' »p-ian,cbir,:d: o,';^tb?cr*rreL:.-tt"T; r "''- voted this sum collecUvelv and no?! . '""'' "'e Assembly left .0 the diseretion of he LTeute„a„. G ' """' "'™"""'^ ■■^ieneyas he ™i.ht «.„;~^,t:-::ir::' ""'' '"" "iKler that Act 3390/ 13, Qrl ,1. j . , ^ °" ^™S, thai P"b"c service, as .lit't b v , he . , ""^""^ '" '"= ""■»te, was no, voted M As' mbW 'Tr:'"""™™"'' "" manniTin which thai d.li;;'^' '"■ ''•"P"' "> the or S-ale (Lord «:?,:: *S:7re*r r '• ''' ''''-'-' 'his 3390/., and transferred o r, to the l , T '"""''■^ ''» 'he Crown, „,„ „,,, 'he Ass em ,; di o^ sT ^^ i?"""," "^ claim to liave anv iurisrt.Viinn . ,/. ™ "°' ™ ^ '"^erests of the Crown, T have thus endeavoured fn .ffX.j Committee „p„„ .h,, Z„t ° H ! "' T™™" '■■f''™ation to .he -V- wa» an indisposU :';:"„ 'I'lr-"'"? '^- "•« 'here propnati„„ of this reve„,.e JoZlT,, '^ "" "'"«'l''"= -P" ">e existing Civil Lis. ?„r a tZ of ' "°'"'' '=™'="' "• ™'^ ;,"'', King's life ; .„a it „: eo'Zertd rih T f" '"' ""'"" "^ leelmg between the Assembly .sth """ "'^ "•■'''"^'■»>> "f i»'erest, and the Le^is at '^., I'T ""-'^''"S .he French ""erest, tha. if ,he Civi "' '•«P«sen.l„g „„ E„g,j,^ "r»» a vo.e of .h SrlZeTit "" "^P^""-' -"""y ^l-ce Of the public .er^ielte /l ^^r,- :'',*.r T '"'"= appears to me • mossible for „ ^^^ ^"'^"y- It .he case i„ ..pirt^rTircX: ii" rr'-."'' «over„ment, „i,h„„t ascertaining whether 2 h '"""' were n.ade by the Executive loverl „t , „ T' '"'"•=" revenue, were such as ought, or oug, t I „T "" received the sanction and n,>n,„k , , " ' ^'""'^'"' "> have elapsed LSZvTJu^: TT' I'T,'" '"^ ' ' ^=-» "■»' l-wnships of Lower Can da?-A n Tn ' "" '"■""""' '" "'= in 1763, of which tl e Zllw " ^'""'""''''"'' »"» issued •' Whereas He ,i:^X:'^ Z l,! U ""T'""^ """•' - le"»ive and valuable accuisto,,, T '""'"'""'"'" H'e ex- Crown by the late dHr.; I!; ,'"■""■"' T'^" '" "" Hie KJth day of February k,,. ' "' '"""''"''"' "' ^^"' I • ,■ *'°™°'yln»l; and he n.r desimiia il,..i ii lov.ng subjects, a, well of our kingdom, „, J"! "•" Aiuenca, may avail .hemselve, will, „ll """"' '" »-'-' heneH,, a, , J 3 t, ' „ ir"""-"" T" '"' "'" llieir commerce nu,n„|-,,., "'"""""»' "ecroe therehom lo •Hto.suet;-;r':^7;:;r,z;f;;^trrv^7r l-cla,„«.i„n there is the fol owi... passage • A , ,' "' '^'^ -I' greatly contril.ute to the sn^J^'Z '~~ ''''"''^" '* -oare..hai,be:;:ii:;::-:orrr:;-™: • "■ I.uu,.h and declare ,y ,„„ „,„ ,„,,,„,„„,r;; -■^^'t IF; I illii m hi ¥i I il 'i fii i§ I 58 have in the letters patent under our great seal of Great Britain, by which the said governments are constituted, given express power and direction to our governors of our said colonies respectively, that so soon as tlie state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our Council, summon and call "e- neral assemblies within the said governments respectively, in such manner and form as is used and directed in those colonies and provinces in America which are under our immediate govern- ment; and we have also given power to the said governors, with the consent of our said Councils and the Representatives of the people so to be summoned as aforesaid, to make, constitute, and ordain laws, statutes, and ordinances for the public peace, welfare, and good government of our said co'.onies, and of the people and inhabitants thereof, as near as may he agreeable to the laws "/ England, and under such regulations and restrictmis as are usedin other colonies ; and in the mean time, and until such assem- blies can be called as aforesaid, all persons inhabiting in, or re- sorting to, our said colonies, may confide in our royal protection for the enjoijment of the benefit of the laws of our realm of England; for which purpose we have given power under our great seal to the governors of our said colonies respectively, to erect and constitute, witli the advice of our said Councils respectively, courts of judicature and public justice within our said colonies, ".ir the hearing and determining all causes as well criminal as civile according to law and equity, and as near as may be agreeable to the laws of England, with liberty to all persons who may think themselves aggrieved by the sentence of such courts, in all civil cases, to appeal, under the usual linntations and restrictions, to lis in our Privy Council." Query 3.— In what respect do succeeding Acts of Parliament aliect the proclamation of 17G3 ?— The Act of the 14 Geo. 3, c, 83, was intituled, " An Act for the making more effectual provision for theGoverment of the Province of Quebec in North America." Under the 4th clause of that Act all lornier provisions made ibr that province were to be null and void after the Ist of May, 1775; and with reference to the proclamation of 1763, that clause proceeds as follows :—" And whereas the provisions nm-Jc 59 I>y the said proclamation in resnect tn .!,« .• •. •said province of Quebec &c IT\ ' government of the -cetobeinappLte^othes":/::^^^^^^^^ ''""' "'-» -P-^' Province, &c. &c • Be if P TZ '"''"'"stances of the said -fkras\hesaL\ette foTh ^7''^^^^^ «^'^ proclamation. commission nnder thtl^ H ; ^^^i;: :" ""^^-^ ^^ ^^^^ said province is at nre,..n, . j Sovemmeiit „f ,|,e «rdina,.ee,, &e. & '^^ZZ '''"''' "■"• "H -*"»"- „„d ) «^i.. 06C., and all commiss bns &f» .«i.^ t u i voked. annulled, and made void - Th , ' ^ ^^''^^ '^■ four to nine, contain provLon .ff T .""^^ "^'^" ^^'' ^■^•'- -^then the ninth c^:!^::: £::^:]^:!f:^ 'r'^^^^^ "oth.no- i„ this Act contained shal e end o "'^^'^'^^ tend to any Jands that have bee Ir^^t m '""'"""^^ ^" ^''- heroafter be jjranted bv His M ^^ t\ "'' ^"^^^^^ °^ ^^all ;o i>e ho,,„ 1 ,,, a^dt;^::^^^^^^^^^^ .!'^7, -' ~- therefore, that as far as atlects theTn , K "^P'"'' *" '"^' ; *he townships, the P Ji::^, ^^ :^~- -ident force as respected them. 1„ the Ac of t !• T r o '" '"" commonly called the Quebec Act thl A . . '"* ^' '• ^^' c. 83. just quoted, was o. 1 e.tled fs ft ! " '' ''^'^- '' PoiMtment of a council for OnlT ^' '''^^'^ ''^ ''»« ^P" Provisions must b co iSered to ' ^""/^^^^^^'^ ^^^ -st of ils ;'au«eofthatActisr;:^;r!r:^: K--.d i„ ,c : „;:;:""' -' .'''""•' '-•"-"" »'-" ^ "- ""-V 1 Men . , " r '"'"" '" ' "'""""• "■' '"">'» 0.eat 1)H„ ,, . 1, r r"""°" ""'"''^ i" 'hat part „f '-!» -lud e : ea^,;'^'"'"'; T"' "'" '" ''"^ -»«»''- '-er C.,„„U ,:/:;;;:'"'' :"""■ "■-= -'■' P-vi^oe „f •«- -. -.-:-.„e .::;td::::;;:::: :r\ - '" IWv and c„,„n,„„ ,„c™„e a, „,.„.,,! " ™<'l' "■""■■» '■' '"- "'■''' ^ ^^ ."* .; rM^:;:: '^'r ,, ! r- »- -•? cue- 60 .51 I cessors, by and with the advice and consent of the Legislative Council and Assembly of the Province." The next reference to this SI. ;ect which appears in legislation is in the eighth clause of the 6 Geo. 4, c. 69, commonly called the Canada Tenures Act, which declares that lands holden in free and common soc- cage in Lower Canada are to be subject to the laws of England, as it appears to me in the strictest accordance with the 43rd clause of the 31st of the late King, when that clause is taken with re- ference to preceding legislation ; which clause as already cited provides absolutely that grants in Upper Canada shall be made in free and common soccage; but with respect to Lower Canada, there was a power to the Local Legislature to modify that enactment if it should be deemed expedient by the Legisla- ture and by the Crown. Query 4— What is the substance of the Act which has provided for an increase in the number of representatives in the Legislative Assembly of Upper Canada ?— The preamble of this Act, passed /th of March, 1820, is to the foIlo\ing effect :— '* Whereas from the rapid increase of the population of this province, the repre- sentation thereof in the Commons House of Assembly is deemed too limited, so much of the several laws now in force as regulate the number of representatives to serve in the Provincial Parlia- ment are repealed." It then proceeds to enact that counties containing 1000 inhabitants should be represented by one member; when they contained 4000 inhabitantK, by two mem- bers; that certain towns, when they contained lOOO souls, should be represented by one member ; that the population should be ascertained by the returns of the several town-clerks ; that when- ever a university should be established in the province, it should be represented by one njember. ' The governor to itssue writs of election, as provided by the 31st of the late King. The Act not to lessen the number of any members now returneada, henceforth Fovinces. The' oin'L ^hte' C °"'f°'*^-"'"y f-bo,h exiting members of b^th cZ 1 T' *" ™°^'^' "f 'he Majesty from time to time t^ ' "'"' ^ P™" '« His per«,n as His Majes y. ^IZ 27°" ^"" ""'" 1— "' Such .'ummoustjbe a red Ito effT'T'"' *""'" ""nlc fit. 'lie 31 Geo. 3 The P "" ""''"' ""e raaetmcnt of ..;n«ng and ;em!::;. r^: -^V^ '"^ P-" "^ ap"' Ibe joint Assembly was to r„,,. . / Legislative Council; a«e„.blies of UpplTn d T-ir^ i" """"' """"""» "^ "" '«' of July I82J " I ""'''■ ""'' '° '■"""""» '■" 'lie ""'?•"'•'■». unless sooner dissolved Th. 1 , ^ .I Canada of the 6 Geo 4 w,= , ° '^''- J"" ^^ of Upper "PPlied, .subject to a y aTera^^ " '"? T '''"'<^'^' ="<' '"be representatioiof the aL ::::'"/'"■' ^■"■- "'". '<> '-e Assembly, in ,ike manner L" had I, ^''<'" ,'""'-"^'^ "' *« joint representation of Upper Cailk? T'''"""" '» "'= "Pe™! The Governor of W r C itr'T "r "°"'"*^ "' ""•• A^''" counties out of the torsli^rsn. T '"'" '" "'"' """ 'I'e Assembly, or aZld 1 " '"" " '" '" "'"''•"""' '" be represented by t™ meX' ^ r "''™'""; ""' °"='"^""' tiim. that no subdivi,ioT 7n '"■°""'''' "' ""■ """>» bereafler erected w^l ''e J 'r.r::- 1'™ ™''^''- " "' ^« hereinbefore provided with re , ec t ,„ '^7'"'""' """'" » ;.; be construed to extend .„ il ' l;',;^;.'':-'"'" --' li-es for such counties It v.. r reprcsenla- '-r represctalivo, f, , id, „ ™, '""'"''■■'^ """ ""^ """'ber Act I aher tli, ,:.'':""' "'"""" ""' ""ed C„. N„ nniess sanctioned I „j i,v 7:;:'';1'": ^ "" "' •--" A-,nbly, as well ifs .lie Cl i t*;'' t ^"*"^"""- "' "-i -0.3. respecting elections, wr,.:^::-^t« i^ii. ~w~r^. 55 a fit: 02 The quulifioiitiou for i\ nu>mbcr was to he of tlie value of 500/. storliiifif of real properly, aiul an oath was proscrihed to eiisuri; that (jutilification, aiid porsoiis swcarini>; falsely to he guilty of |)erjiiry. Tiu' trials of contested elections were to he the same as under the I* 1st (>f the King. Tiie Governor was to have the power of suinnioninj? two uienihers of the Executive Council in each province to the Assemhly, who were to sit with power •of dehatiufjj therein, and with all other powers aiul privilcg-es and inununities, except that of voting. Th* united Legislature was to meet once in every twelve months, and to continue for five years, till the period of a general election : majority of votes to decide. The oaths prescribed by the ,'Jl (leo. 3, for the nuMubers of the Council and Assembly, to be taken ; the decla- ration t)f the Hoyal Assent to be regulated hy the enactments of the 31 (leo. 3; all laws in force at the time of the passing of the Act within the said provinces, or either of them, or any part thereof, to be unchanged, :tud the privileges of members to continue precisely the same. It was further enacted, that from the period oi' the passing of this Act all written proceedings whatever sliould be in the English language, and at the end of 15 years after the passing of tlie Act, all debates in either House to he carried on in English, ami in no other languiige ; that nothing in this Act, nor any act to be passed by the joint Legislature, nor any resolution or other proceeding of the Legislative CouncilOr Assembly, was to aHocl or he construed to atl'ect the free exercise of the religion of the Church of Uome, or to prejudice such accustomed dues and rights as the clergy of the said church might hold, receive, and enjoy, suhject to the King's supremacy as recognise«l ni the Act of the 31 Geo. 3, and the clergy and curates now performing clerical duties, or who hereafter, with the approbation and consent of His INInjesty, expressed in writing by the (Jovernor, &c., should he duly collated, appointed, or inducted to any parish, were to continue to hold, receive, and enjoy their accustomed fees and rights as fully as they were entitled to do imder the Act of the 31st of the King. All the remaining provisions of the Act of the 31st of the King were to be in force. Qiicrif Ci.- Wcra the objections that were made to that bill 63 Lo thut bill cine y to the pnnc.ples of the bill, or to any part of the details'. ^vZ^r '^^''''T''''^ '"•" '""^ '''^ ^ •'"-'-■ but more specally fro ,. Lower Canad. agair.st the principles of the bill • there were also objections maorted seawards, or, on the other hand, the carrying into effect the provisions of a legislative union. Query 12. — Could a port be given to Upper Canada by any other means thin by annexing Montreal to that jjrovince?— I am not aware of any other geographical facility of accomplish- ing that object. Query 13. — Do you think that the objections to the latter arrangement on the part of the Lower Canadians would not be almost as strong as to an incorporating union of the two provinces? — I entertain no doubt that very strong objections would be made by the Lower Canadians against such a proposal, but I repeat, that under the relative circumstances of the two provinces, and the bounden duty of the mother country to act justly between them, 65 1 do no, myself perceive any other lha„ these alternatives . eannot, however, avoid remarkioff that shonTd .„ T mutual defence, and a aen^eofco™ L^t^ la "' their interel, li't; r^pTt L" ^^ ::;:^:^:'^Z "^^"^""^ -uid t::he^;:-c;riri:^crd ir O.e.3, 4.-Ca„ the difficulty which arises in adiustinT ollecT" g. and d,s.ributi„g the customs revenue of goods impo"; 1" he St. Lawrence, ,„ your opinion, be better provided for than bv he proy,s,„„s which are contained in the Canada TradI Act? ' tWs ™i ; Z„T'r 'Z K-SS-t'l --"e likely ,o accotnplish that Act " ■"'"*"' ""'l" ">e provisions of tha?r^h'''~^''"''' """'""^^ '"'™ ""'^'l '" 'he Committee Sotit d , T""°"' ' '^^''"' ■"■ ■''"y »»<' "■^"b-'^k might be adopted and that a system of warehousing, in Lower Canada Soods wh,chshould be afterwards imported L Upper clnada and e preferable to the course which has been enacted by law • were ose modes under the c.nsideration of the Colonial Depa tin atthCme that that measure was decided upon .^■-AvTrieTv" ggesw were made to the Colonial Department at It Te fod "d .t was found then, as I believe i, will be found now, that he Lower Canadians were disposed to think that those foci lie! yt ex St, and 'ha. the Upper Canadians were alls,;' 7 raously of a contrary opinion. ""' Qu.ry 16.-Mr. Ellic^e in his evidence alludes to certain „1, »'™ct,o,. which prevented the provisions of tie let c led t e Canada Tenures Act from being carried into eftcc. aL"!I, rettl Kmi «ii»l:; m GG to instructions which were sent to the local government to carry into effect the provisions of the Act of 1822; can you inform the Committee of the nature of those instructions ? — The Executive Council considered the question only in the abstract, and simply with reference to an equitable valuation of the rights of the Crown, which the seigneurs might wish to redeem ; but the great object of the clause was, not only to relieve the seigneurs from the feudal dues payable to the Crown, but also to enable them to free their censitnires, or sub-tenants, and thereby to introduce generally a system of lenure more favourable to agriculture and to the general improvement of the province. Lord Dalhousie was therefore instructed to give every encouragement to the seigneurs to free those who hold under them, and to make it known that in the event of any seigneur distinctly engaging to free his censitaire on a principle of equitable composition whenever any of them may demand it, the Crown will in that instance free the seigneur at the rate of five per cent., or in other words, one-twentieth instead of one-fifth of the value. Query n. — The Committee have been informed that a large portion of the land in Lower Canada has been granted in such large masses to persons who are not resident, and can hardly be found ; have the goodness to state what, in your opinion, would be the best mode of removing the difficulties which now retard the culti- vation of those lands? — I should be prepared to concur with Mr. Ellice in opinion, that if a taxation of the waste lands could be carried into effect, it might be as convenient a mode of remedy- ing that defect as the remedy of escheats ; but, at the same time, I do not at all concur with Mr. Ellice in his opinion of the prac- tical difficulties of carrying a practical system of escheat into effect. It has been practically carried into effect in New Bruns- wick to the extent of a million of acres ; and I see no reason why, under proper regulation., it might not be equally carried into effect in Lower Canada. It would be necessary for this purj)ose that time should be given to enable parties to execute those stipu- lations of settlement duty, which hitherto they have omitted to execute; as it would be unfair to visit ujxtn them siddenly the consequences of that omission which has been tacitly submitted to by the Executive Government. There is one mode by which 67 this principle of escheat may be carried into effect which is ih. forfe.fng a certain portion of the land itself to the Pn ' as a penalty for non-in^provemenr, suchL L Le tc taT'T"' periodically until the whole would be forfe Id ^ ''' party not to carry the stipulated i^r^t^er InrS^^ t' strucfons were sent out fro. Lord Bathurst, of the dal of and of T ^T'' "^ ^"'"'"'"^ ^ commission of escheat practical remedy be su;p,ied, eithrf'U :i' :V;: ^^.r^^ g^ranted lands, which are now in a state of waste in Low P T must effectually prevent all ,mr.r« ™ '" ^^^^'^ Canada, -ale in that province -P^ements upon an extended QT/^y l8.-WouId the operation of a tax on I»n^ to be earned mlo operation?-! ,,h„„ld think the prineipT If e cheat mi^ht be earried into elTect bv the Cr„„„ .i™' a„l„ siv :: eViir i^^j^^''""-' ""«•" '->'■>- -p- - s: vated land. Lord Dalhousie states, in a letter addressed to I ord Ba l,„rs,, of the 5th of April 1825, that with respect to soheatrnd "rfeu„reof,.an,.„f,andf„rnon-perf„r„,anceo?e„„di ionsof e. lament sfpnated in the letter, patent, he has to observe, . ha „f ^wo and a ha! million, of acres panted in this banner i W Canada, not less than seven-eighths remain nnenltiva.ed, and therefore liable to resumption by the Crown. It is supposed th,. s,x millions of acres held under seigneural tenure are „„Tr 11 predicament, but with respect to this description of land is doubtful how-far the Cwn will have a right'o resume the™ f the proposed conversion of tenure should take place to any extent .ord Dalhousie advert, to the expediency as well „s the right of ..coverms such immense tracts of land for the settlement o? emi- grants He adds, the obsolete course of proeeedinft whichThe ancent law of Canada points out for the resumption, bo h of soccage and seigneural lands, is so incumbered wiVh d fflcu ties and so ...applicable to the present state of the province, particu-' larlyw.m regard to grants in the townships, that it i ne . "„ .mp.,s,.ble tor the Crown to resume its ji.st rights, m co!l^ ! quence of this SUtrrrpsfinn ,>f Tf.r,l r»„lu_,._- ,. i . °^ '^-^"^ i'aiiiuUKic, that Clause was p h hhi: iil ' I., - < 1 il 68 introduced into the Canada Tenures Act which provides for the formation of courts of escheat. Query 19. — What steps have been taken by the Colonial Office to remedy this evil ? — In the 6th Geo. IV. c. 56, commonly called the Canada Tenures Act, the 10th clause provides, that courts of escheat shall be constituted in the province of Lower Canada to try forfeitures of uncultivated lands liable to escheat to the Crown. In the year 1826, Lord Bathurst sent instructions to Lord Dal- housie to appoint one of the inferior judges to act as commis- sioner of the court of escheats under the clause of the Act of Parliament. Lord Dalhousie replied, that the judge had not time to execute the duties, and that some other person must be ap- pointed, upon which Mr. Huskisson wrote out instruciioiis to him, authorizing him to appoint a person competent to perform the duty. It is to be recollected that no fund whatever exists, unless voted by Parliament, for carrying into effect this principle of escheat. The difficulties attached to carrying into effect a satisfactory |)rinciple of escheat were considered so great, that when Colonel Cockburn was sent out inspector and commis- sionei, he received separate instructions to communicate with the governors of all our North American Colonies, and especially with Lf d Dalhousie, for the purpose of reporting to the Govern- ment L home the best practical method of carrying the system of escheat into effect at the earliest possible period. I beg to ex- press my opinion, that unless a system of escheat be carried com- pletely into effect, there can be no possible improvement for those colonies, and that I have every reason to believe that the informa- tion in the hands of Government is such as will enable them at an early period to execute such a system. Query 20. — Is the system upon which land is now granted in Canada such as to prevent the probabihty of a recurrence of this inconvenience ? — Entirely ; but a statement of the system upon which it is granted may be given in to the Committee. The sys- tem upon which it is now granted is, it is granted precisely in pro- portion to the capital which the individual has to lay out upon it. Query 21. — Is adequate security insisted upon for the expendi- ture of capital upon the land? — I consider that such security is involved in the prescribed regulations. vides for the 69 Query 22.— The Committee were informed bv Mr Fll.w ♦! » he had found irrpaf ri;ffl„. u ■ «. . ^ '^' ^"^ce, that '-^ e of Zsi!nTf ^ '" '^'''"^ '^ commutation of the ^1 ihe tenure from the feudal tenure i fZ IT """' o.ilv r.rn„lJ.j f .u , '" ^"'' common soccaire l-rown. The consequence was, that the purposes of that chano-! "itrfroThr' '''''' ■■""• ^'^'^ -"'^ -=-u:bec2 The Canada Tenures A^^ ^ltZ:'TZ::'r:Z Q«..y23.-What are the difficulties which prevent that ar rangement bei„, carried into eiTeet?-! consider the diffic„l«e that mterpo^ „p,„ .hat point are the entire indisposition of he po nt „;r t°i" '" "™" "'^"•'"'- •»■ ""^ P«™i-o„. andt But Mr Elliee, who was very anxious to avail himselfof it, found so tnany d.fScuities in his way, that he was obliged to jv i7up cTata^ 1 f " ''""''"''^'' '"'"'^ Crown ;_Theori,i„a| claim of the Crown was one-fifth, but the Cr.,w„, i„ e^nsi- d ration of the advantage which was expected to ae rue fZa change^of tenure, remitted that one-flfth or 20 per ce„.:for Z stiluZ'tbTtS^r''"''""''™'''''''"'"'^''''''''"-''-''-' >.n exists, (or the Crown to contract its demands still more»-If mr'tir'trfr™'""""^""'"^' ^^^ *- -"-'-- a. th ■"mselt, I might be disposed to answer that I thinV it •■ ,-,M ■ v«y desirable; but , do not understand upon whai ;,,"„:;;t Tf F 2 imi I • ^ 'ii M m ■ IP ii !*i 4'^ I i < , 70 fairness it is, that while the Crown on the one hand is to release the seigneur, the seigneur is to maintain his full rights with respect to his sub-tenant. It was considered at the time, by all the information which could be obtained by Government, that a much greater sacrifice was made by the Crown to the seigneur than the seigneur made to his sub-tenant ; and it did not follow, that supposing the Crown had remitted altogether its demand, that thai would have facilitated in any degree the conversion of the tenure on the part of the seigneur with respect to his sub-tenant. Query 2b. — Do you think it advisable for the Crown still to contract its demands in order to facilitate the improvement of the colony by the change of tenure? — If it were proved by presump- tive evidence that ♦he effect of a contri ction of the demands of the Crown wou'.d be practically to eiYec,. the release of this sort of i)roperty, in that case I should say that it would be worth while for the Crown to make a sacifice ; but it was considered that the arrangement was as fair and equitable, and a likely to produce the effect, as any arrangement rould be : it is impossible not to perceive that if this change of tenure were to take place exten- sively in the seigneuries, and the consequence of it were to be to introduce the English law into those lands of which the tenure was commuted, it would produce a great deal of confusion in having property intermixed alternately as it were, and having a different law applied to it. Query 26. —Do you think that any instructions could be given to nifke this chaiiivc of tenure more practicable r —I certainlvam not aware that instructions could be given to make it more prac- ticable. Query 27. — Could the Act be so amended as to facilitate the exchange? — I have only to repeat, that I consider that the advan- tage of this permission will only be taken by the English pos- sessovs of property within the seigneuries ; and 1 do not imagine that any greater facilities can be given than what are now given under ll'e instructions, as combined with the provisions of the Act. Query 2S. — Mr. Ellice mentioned that an English receiver is appointed for the province, insufTicient security being taken ir England ; what regulations do you think may be applied to remedy this for the futtire? — The appointment of the receiver rests exclusively with the Treasury, and conseipiently 1 have no 71 the mother country to all „» ' '"'"""^ '""' ™ and matters of flna^cT "'' 7™""'^ .°r"""' Wropria.io,-,,, =erio.,.,ai«icJt;upr ::'„:!«::;■■ ■"'"'" ^^ "■» f-'- -' the Assembly not Jot 1 sn^.^ 7 J ' """"'"^ ''™'»»' f™"' -iver, to whom ttltrr 5' ,°"" ""'""" "" '^^ «- frequently placed, from the tolal ce",r,ion „f I 7" ""' """ on the government of the colony h. I T '"''P'"'"' '"""-y prhted rcycrne and ,, Ih ^' . '"" "•"'" ""^ ""°I>P™- """ = th.. discretir;- r:'!": eTcXxt-^'-^v^'-- -h^occaslons has received the .anetlonT::! Ir:::- Alien Uill?-The IZ^f tl, . t "" '"'™'"«»" "f the "■' Alien mil sho:?::; . '';rL t7 ■"• " '""'"^ "■" aliens Onthcstnct sense oft eCtosU r.T"" "'■""'"'''"« "Onetin, titles; no persnn eo^ld t c ^ ' ':, St'T^' ""'' >.es«,on of land »hn was n,.l , „„„,„i i. '"' l""" - taken the oath of a,i;-„:, t h':::!^"' " """ """ P-™.» Who were not qnallHcd nnder tho^TeZlir "■""" """ "f the popnlaiion of !/„„„ '' '^'")"-""»"la™We propor- -nction. and^t „s ,,. , : 7.„^ ;; » ;"V"''iee. to thi. ™nnlry, i„ the first instance ",L« ''""""' "' ""' "■i«h. ..e p»«d „. the ,:::::.!:::;; .",;;: :r' ^" "- 'i'Nj)ftiinu- L'locUurs. ^"leciymp- tins mconvonience i|i*. --tII 72 With respect to the provisions of the local Act, which the Lieutenant-Governor in Upper Canada was directed to have in- troduced into the Assembly, its provisions were framed with the anxious desire to produce a measure of entire conciliation ; and with respect to the conduce of the Colonial Department, it is ne- cessary to mention that these instructions, which Lord Bathurst sent out to the colony for the passing of a local Bill, and which excited dissatisfaction, were regulations which had received the approbation of a member of the Legislature, who was over in this country more or less in the character of an agent for the province, with respect to certain grievances complained of. Wiicn those objections whic'u were unexpectedly found to exist in the Legis- lature were made known to the Colonial Department, LordGode- rich sent out for instructions, upon which a bill was brought in, which has finally settled the question. Query 32. — Were there any essential differences between the bill as proposed by Lord Bathurst, and that which was proposed by Lord Goderich, and accepted in Canada.' — Undoubtedly; the principal dihinction was this, that by the bill suggested by Lord Bathurst, all parties, however long they might have been resident, were required to resort to the same means of establishing their titles as ttiose who were comparatively late residents; and the distinction taken by Lord Cioderich was to put a limitation to the time for which this was necessary, and to consider possession prior to the year 1820 as itself constitu*"ng a title; but I repeat that it was not expected that any reclamation would have been made by the province against the absence of such limitation, or against the appointment of a registry, which was also nuide a subject of complaint. Query 33. — Do not you consider the Colonial Office as re sponsible for any line of policy long continued by any Governor of a colony ? — Undoubtedly ; in cases which can becharactftzod as involving a line of policy. Query 34. — With a view to judge what measures slumH br adopted by the Government, is it not necessary that the Colom *' Ollice shoidd be well aware of everything which passes be' ween '?« Assembly of the province and the Governor I — It cert«inly is ; and for tlint purpose the Journals of the Assembly are transmitted, accompanied by such coinineuts us the Governor may think right 73 to add ; but it does not follow that bills rejected by the T^e.^^iative Councd should necessarily be made matter of observation posu g of the crown reserves such as in your opinion are likely to he Canada Company; he states that «' an attempt was made by Company but the church, always careful of their interest, did not i r aTJ r'""7"''' ^^ *'^ commissioners, and which was HI fact greatly exceedmg its present value, and that chance of re- rnovn.. part of that nuisance has passed away, and it is impos- OffiL r h'^r'"'"'" '^' vacillating policy of the Colonial ?ilt,^' T^ "'.?"' "P"" '''' -rangement being carried »>r«ugh. The prmcple upon whi .h those lands were disposed of to the commissioners was a principle of general average, and the church who were bound to consult their own legal rights, com- plained, as I consider justly, that whereas the clergy reserves were the more valuable lands, the average that was tHken upon the.r lands necessarily gave per acre a less anu.unt to the.n than thj would have done if the clergy reserves liad been taken spe- Qnrn/ 36.~U there any reason to believe that the clertry re- •serves are ,nore valuable per acre than tl- cmwn rese: ves T All the reports that have been made to the Colonial Department ffo to prov^ that the clergy reserves, .hich alway. have .een mc«t carefully .plected, are in fact more valuabl. th.n the crown lands (^uery JT.-In the laying ont rf a township who .us the se- lection of the clergy reserves ?— The «overn(,r and C .ncil It IS necessary to ob^erve.that the seventh ...pproprf ; ' «o the clergy .s appropriate.1 by a statute; the seventh a;,s.opnated to the Crown IS merely at the discretion of the- Grown. Query 38.— In your opinion will the steps thi.t hiM been tnl en to provide for the alienation of ,- .clergy reser s be suff.nVntVor that purpose /-The Conuniftee are awiire that a bill has passed ••t.abl.ng the Governor and Conned in Upper Canada h/sell lOO.OUO acres ofclergy reserves every yea- i. ^nyopin.on that bill liii 74 mti IV T K ^■1 is insufficient to effect the remedy which is so imperiously called for, because I think it would be extremely expedient to allow portions of the clergy reserves to be sold for the purpose of giving value to the remainder for the purpose of making roads, and performing settlement duties, and preparing them for cultivation, and I am of opinion that if those duties were done, and the clergy reserves improved to a certain extent, there would be no difficulty in leasing them on long leases, so as to make them productive at a much earlier period than might be expected. The prtK-eeds of the sale of those reserves, as directed by statute, are to be impounded, and the rents and profits applied to such purposes as the Act of the 31st Geo. 3 directed, whatever those directions may be ; but I am alluding to an absolute alienaiion of part of those reserves, for the purpose of applying the money for which those reserves are sold towards the improvement of the remainder, thereby making that remainder moje valuable than the whole was prior to such alienation. Query 39. — Is there anything in the Act of 1791 that appears to contemplate the expenditure of a sum of money upon those reserves for the purpose of improving them ? — There does not appear to be the slightest allusion to the necessity ofcapital being laid out upon them before ♦' -ould be made productive. It is evident that the object of ,. A\o frumed the Act of 1791, as well as the regulation resp •. -^ the crowji reserves, was founded upon the expectation that civilization would surround those waste lands, and give value to them in consequence of that circumstance, whereas the actual effect has been, that the existence of those reserves has prevented that very civilization from taking place. Query 40. — It appears that out of the crown lands granted to the Canada Company, a reservation of 750/. a-year has been awarded for the Scotch Church, with what view was tliat award made ? — It was considered highlyexpedientthattheScotch Church should have a provision, and whatever might be the adjudication with respect to the clergy reserves.it was quite evident that even if the principle of dividing the profits of those reserves bet^^een the two churches had been adopted, it would have yielded only 200/. per annum to the Scotch Churcli, which would be insufficient to meet the demands for their pastors, and consciiuently the becietary of .State retoia- ':m^ 75 mended the appropriation of a part of f he proceeds of th to co„.,„ue a, l„„g a, the payments are Jade tT ^ ell 'd" Company, which involved a period of 1 1 ™ i^ , , " probability of a much longer period M Zt: '' ""'' " "".e cler„ reserves are eiLrke^n a^a^ itr""' "^' person being hable for road duties'through t m and 1'""'; "° tnous settler being exnosed (o.ll.l, • ' "" ""'"^ of fo.st intervene Cerhi'e^Z::'::; '^'T'Vr persons have occiinied th« ^ • '"'^'"^"^ '^"d a market, or them withontU e» I alT '"'^"":' '"' °=^''^'"' P-" »' "ience. if „„t .1,, Ij, Z^ZZT't "'"^l "" ■'''"'"^- a portion of the clergy rese^r for ^h '' '''i' °' ''"'^"«""S proceeds of them for 'theZ 111 rdrid inTh'f "^ '"', :r::iirn::r:fr"r""--^^ province, hot t:m:i:t ;rrard'yre:::,r "°" "*^ Het r.;:::r "— ^ -^ -~::r;- resetx'i;;::i:,Xurt'""r°"''''"''"='"f'''"-" tlia. the Crown hlvinTtri ''"''°''' """'^''^'^'y '» '■'^■"^ ■ .^rown. liavmg the undisputed appronrialion nC ,u ■ sevenths,afterthesubstractionof„„e-sevemhZ r ""'" the clergy, there could be no ,„„Z „ , >"'T"''*»"f from the remainder e^n. .7 -^P-ralmg one-seventh already a-lv^XothZ'T'"^ ''""''"■ """" "«-P««a.i„n reservation I„ '"™''°'' ™'"<' "»» '" attach to this reservauon. In consequence of the settlemsni ,.f .i. . country and the quantity of un.ran^^Ta; 'fw^^ havu.^bee„sog:reat,it has never been ne e arvX.h '^"^^ pose of satisfyinir the demands of settlers tl ''"''" crown reserves; and therefore V. T "•^P''"I"''»te those -e principle ;« tT de;" "I- the province. ^^ ' ' P'°'^"'^' nu.sances in the Query 43.-Hus the attention you have na.H », i» • , • yo" to doubt of the policy ofnrovidin! f 1 ^ t '" '" '•'""^ '^^ ™ -■^---•"--ct:[::;^y:t^^^^^^^^^^^^^^ jt 76 derived from the appropriation of any portion of the soil ? — In answering that question, I would beg to draw a distinction be- tween glebe appropriated for the actual use of a clergyman and large masses of land set aside to provide a revenue for the church ; I think the first is in the highest degree expedient ; I th=nk the other necessarily presents practical difficulties, which it would be very desirable to remove ; and it appears to me that the practical remedy in the present instance is to appropriate glebe land, when circumstances require it, for the use of clergymen of the Church of England ; and with respect to the general revenues of the church, to apply the proceeds of the sale of those revenues as they are progressively released from mortmain. 1 would wish to ex- plain, that when I allude to appropriating glebe specifically to a clergyman of the Church of England,! do not mean necessarily out of any lands reserved by the Act of 1791, but out of laiuls at the disposal of the Crown, if such were more conveniently situated, which could be exchanged for lands so reserved. Q%iery 44. — From the opportunities you have had of a. I Kliji ;•. n « ^M^!:;' 78 But it appears to me quite conclusive, that there was no intention of necessarily establishing the Church of England as a dominant church, inasmuch as the 41st clause gives a power to the local legislatures, with the consent of the Crow: of altering all the provisions which are contained in the 36lh, 37th, 38ih, 39th, and 40th clauses. Query 45. — Would the measures you have suggested go to affect the appropriation of the clergy lands when they become improved, according to your plan ? — If the Committee will allow me to re- state my suggestion, it is this : that for the purpose of relieving the province from the practical inconvenience of those portions of reserves which impede the general cultivation and civilization of the province, I propose that part of them should be alienated for the purpose of making roads, in preparing them for cidtivation, and for settlement. At present there is no power under any Act of effecting this purpose, inasmuch as the law only allows of their being sold, and the proceeds of such sale being impounded for future appropriation. If those reserves were to be retained for any very extended period, there can be no doubt that ultimately, after the lapse perhaps almost of centuries, they would acquire very great value ; but if they are sold at an early period, it appears to me that the money for which they may sell may legitimately be applied for the purposes contemplated under the Canada Act, namely, the support of a Protestant clergy, including under that ternj the clergy of the Established Church ; and I do not perceive what detriment can possibly accrue to the colony (provided those lands are progressively released from mortmain) in consequence of the interest of the money for which they may be sold being applied for that purpose. I should propose that all the better portion of the clergy reserves, which have already acquired a value from their proximity to cultivated lands, should be first subjected to sale, and so on till the whole are disposed of Mr. Ellice states, in his evidence with regard to these reserves, that there is no hope of their being sold to the extent of 100,''00 acres annually, or even of 25,000 acres being so sold. He adds, " They do nothing to encourage settlers ; they neither make roads, build mills, nor lay out one shilling of capital." Now I propose to remedy those defects, by allowing the absolute uliena- s|x*' , T.,r'i \< III 79 ; er„y reserves that can be sold in one year?— From fL e«m, 48 ttr : "" "'"'""''°° "' """' '"-politic. Wy 48.— rhe Committee have been informed that Ih. „ , •ended to „teaL thf ,' \'"" ™''"''''' ""^ "'"-'■'"y Canada lit eTaH*. 4^ cZL'^'^'r^/^'^'''' '" «PP- the Committee u„rr„h .? ".^ '="S'»»'i ; can you inibrn, the citi, tion o;rt;t r.b"rmr„r:cer-' "^ «"«y 49.-I„ „hat wa, is :l endowed ?-It is e^d^weH •.. ■and. and an appropriation made to it from the pr^eedTof .' Crown reserves sold to the Canada Company ' be?nZ:7rt:ral'XT;a';rt""""— - Q«.ry 52._Have the Crown reserves been effectually disDosed l'::™? A^h 'c ''"""'''™'' "■""°"'°^' "«'■''- aH^^^^ • iirni uiem i' — All the trown reserves in II nno-n j . di.«.»ed of to th> Canada CompaT; withTe e^^^t ^.h"^'" ... ..ew .ow,.hip, which have been laid out since .n::;^:: i,it 1 1 1 1- * t'*< * 1- s, ^1 I «0 Qmw/ 53.— Ou what footing do they stand in Lower Canada? — They still reumin unsettled; in tact, the quantity ol' land that is settled is no much less in the Lower than in the Upper Province, that there is a much smaller proportion of Crown reserves in the one than in the other. Hut nothing- in my opinion can be more impolitic than to make any distinctitm in the six-sevenths that belono' to the Crown. 1 consider the principle of reservation of a seventh lor the Crown to be an erroneous one, as the first object should he the entire settlement of particular districts, rather than a partial and i>Tneral settlement. Query 54. — Will you inform the Committee of the sums that have been paid by the Canada Company, and their appropriation ? — The sum which the Canada Land Company is actually bound to pay in sixteen years in anmud instalments amounts to 301,307/. sterliufj;. They are compelled to lay out on the improvement of u block of a million of acres, given in lieu of the cleriry reserves, a sum ainountina; to 43,000/. On the 1st of July, 182(), the first paynuMit commenced of 20,000/. ; that payment exceeded some of the subseiiuent years, in order to rover the expenses of the arrange- ment. In 1827, 15,000/. ; in 1828, 15,000/. ; in 1829, 15,000/. ; in 1830, 16,000/.; in 1831, 17,000/.; in 1832,18,000/.; in 1833, 10,00' ■ in 1834, 20,t)00/. ; and 20,000/. every succeed- ing year to ».•:? end of the term, it being at the option of the Company to increase the annuity payment as it may seem fit, it being provided, that in the last year the account shall be com- pletely settled, that is on the 1st of June, 18.34. The appropria- tion which the Secretary of State recommended to the Lords of the Treasury is as follows: first, the sum of 850t)/. per annum for the civil establishment of Upper Canada, which till that year had formed an item in the estimal. annually voted by Parlia- ment; secondly, 1000/. as an annual grant towards the building; of a college for the province; thirdly, the sum of 400/. as an annual salary to the Roman Catholic Bishop resident in that colony ; fourthly, the sum of 750/. as an annual provision for the Roman Catholic Priests in that province ; fifthly, the sum of 750/. as an annual provision for the Presbyterian Ministers in connexion with the Church of Scotland, having stated congrega- tions in the province; sixthly, the sum of 400/. as a pension to 81 ColMjolTulbol, as a rcwii-rl f„h II,. 'l.e sacrifices he 1ml !„; ' V "'"' "'^ "■"' '""■";", ami ^'^''^^^■'Z:i.^zzz:::z'"""""'^"" ■ncu ,„ Upper Ca„a.la. „|,„ by r„d„ U, " n7'''''''''' °''°"" 'ions l..r granting la„,l, are denrived ... h " '""' "■■«"'"■ .radeofCnadVipeiolri":'''''' '■"'""" ~"'*^'' "" "'" you concur in ihal opiai™ »_l „„ 1, ! ^ T""""'' ' ''" »lmt .lata Mr. ElliJ.,; tl,a Z2n '7V';'""'"''"'"' """" exceed ,l,e econon.y „iu, IhthZ ■ , " """''"« '"" -nspeuse, the finance, . ^ W ^ T,"', "/""" '^''""''=' IWnn which .he payment „f ,1,7 s.w,?' ' '"'""' "" '''""' -entcouh. „e iiXr,;' ^ '"""'• '"'""""^ ™'»'"'^ «'-'»- c.e^;3;:o-."::::::,t:s ::;;:"''»■■ --'"-'-The Governor and Executive r„'V '''^'""■■"endatitM, „f the »ent out to theGo r IroS; t" """°"""" "' "'*"^'"™ clergy, of „hieh UteZho ^s :X' '.'lld'^rTl^ "' ""= orco,.i„eri„g the .nost pr«l«c.ive ,le ^Td '. tit m'::'"? »cl apart ,„r .Ue clergy, nnder the .'ilst of th k"; " uch d ." .-p::^-rLCt:r:„!: I'lr rn:r r - -o^Jheprovittce. nnder i,,»t..t.ctio„srrr;r the colony. ' ""• "'"™""*"' ''""'"S been prepare.l in Qucrp 5!).— Is there in the Colnni.T nir i-™cti„n.s which directed J^^J"^]::: :::!l "' "- struineiit?— There is. ^" "'■ Q,„.rj,6„._Yon Ire aware that Mr. Ellice has stated his i '* '^* ^^ \^r^ ^>, ^0. ^^.\%Xs% IMAGE EVALUATION TEST TARGET (MT-3) WO % /. 4. .*>?v *^ fA 1.0 I.I 1.25 gJO """^ IIIH^^K 1^ 1^ 12.2 S 1^ l'!2.o 1.4 1.6 :i>> .%f^ ^"I^"^..- Photographic Sciences Corporation U WMT MAIN STRUT WIMfflR.N.Y. MSM (714) •71-4*03 82 g^ ^UiMt ^'' 'If |V ) *'V ^it^l? opinion that blame ought not to bt imputed to any persons con- nected with the Executive Governnent in either province, but that the dissensions in Canada were the inevitable consequences of a determination on the part of the Grovernment at home to per- severe in a wrong system ? — I find great difficulty in reconciling Mr. Ellice's evidence on this point. He states that the great ob- ject of the Assembly of Lower Canada is to retain their separate institutions, their laws, their church, and their condition as dis- tinct from the people of America, and that though much may be done by mutual concession, all their objects can only be effected at the expense of the interests of the English population, and by the retardment of all improvement in the country. The Com- mittee are aware that this is precisely the language which is maiuiained in the petitions from the townships^ which have been presented to Parliament, and especially in those which are laid before this Committee, from the townships to the Governor- General in the year subsequent to the proposition of the Union. Those petitions distinctly express the gratitude of the petitioners to the Legislative Council, for having resisted the attempt of the Assembly to prejudice the English population and to retard im- provement. Whereas the Legislative Council is complained of, on the part of the French Canadians, as being the main source of all the dissensions existing in the province. Mr, Neilson em- ploys these words : " The laws that are conceived by the people to be necessary for the common welfare are rejected by the Legis- lative Council, that being chiefly composed of persons who are dependent on the Executive Government of the province." The object of the opposition of the Legislative Council to the mea- suren of the Assembly, if Mr. Ellice's view of the purposes of that Assembly be correct, is to maintain the interest of the Eng- lish population, and to prevent that retardation of the improve- ment of the country which Mr. Ellice states the French Cana- dians to contemplnte. I would wish to show that the opinion of the English population is such as I describe, by reference to the following paragraph, which appears in the petition to the House of Commons from the t'vnshipn: — " That while your petitioners waited patiently the etfect of their re|)eated solicitations for re- dress of grievances, to be administered by the Provincial Legis- lature, the Legislative Council, in the session of the year 1825, 83 by recommendation of his Pv^^ii passed a bill of the loT,,T f" ^""'"'"'-"'■Chier, 'hose .„„„,Mp3 the eT; srlToVdr'''^"' '"'"^"""^ '"'" ■""king incumbrances fnecia^^es , k1 T' ' ■ '•■°""^""°''' "•" and of all monJfoTZ T""°"' "' "^' P^P^'y. fully abstaining f™t everv u„n ' ' ""'""'' ""'^ ""• »- turbed the ro„U„e nor toneberr"""^ "'"°™"''"' "«"-er dis- .lians in the seigneuTies he H "^ "^'7/ '"■«■= l'--*' Cana- charaoteristiedisrVrdforttehin, r '''""''"'•' ■^^'"''"^ ''^ 'o proceed upon th! sale t^Ltr^n:'"?'"""'"^^'"'^'' *=• And Mr. Robert Gillespir oL !f ,f ' """Trence." Comn,it.ee, being asked i X.' ,' ""'"™"''' ""'''"•^ ">« the different bra.fches of h. r ?""" "'" '^'"^"'•"•'^ between of co,n„,erce a^lt i^ ve^ tT/;"'? "'f '"' '"'"'"■■™ these words: - By |,reve«,n!Mh "'"''''' ''"™"^ "' for the security onr^de hi '""""'"" °' '"' ■"«»^«" present when rea p onertl " "° "'"' '"''« "' '"""""S at o .u . property is morfffarred or nn» ." j On the other hand. Mr. Neilson statesM" ', " " ""' will be for the ^vne^a\ -r^od nf *h "^''^"^'^ vvhioh Assemb;y, fo.- the Almbi/ ^ur';;:'-^^ ^*" '^'^ ^-'«'^<^ t,y the P:-^ple, and must do what wi L . ''T'''''''''' "^ ^''« they do not, they had bet iT ' "^''^ "^" ^'^^ P"^"'^'*"' ' "'^ turns upon, whether the 3 of T' •" '^'' ''' '1"^^^'°" approximating their ZSZ' ^"?" " '* ^^" ^''"'""'^^ ^y 1 ^ "istitutions towards I fu. iT"i.,..i- i by not only nmimaining the French in! , ^ ""'""'' '"' integrality, b„, b, ext.mling I or', ',"'""' '" "'«■• P^sent P^vince which is abiM b E Ltl ■"'"?" "'' "" ''™" •he real key .„ the dissension wbid' ex"': d "'"■.: '"■' " vince, n,„l which I cousidn,- .,. i, '" "'"' P™' sighted legislation of 70 • "/ !^'"""' "'" "^ "'» "hnrt- Con,„,it,ee tha Mr V,-i 1 "' "'"t"' '"r ' """'" '-"'"•' "- condition of Lower c'a, da " 7"'°""' '" ""■ '"'l""v"l proper .y„™ o7 „ c dt:":r I'"",'"""' ■""^^- ^'- » Canadians. This .u^tio^'utt:' ^*;r; „:'' ;?"'' •" "- a pro,«r system, do von mean if ',he Pre C', ''"" ""» r^oh law had no. Leen obstructld^rrlUrnsr il: Itt1>fi -•-.JH %*:J TiTTsa i I 4>i « ?^'l M'" i # 84 answers: " So far as this, that they should have continued to let the French law prevail all over the country." In point of fact, nothing can be more discrepant than the views which are enter- tained by the agents for the French population ol" Lower Canada with respect to the functions and duties of this Legislative Coun- cil, which one party supposes to be the source, and the other the prevention of all mischief. Mr. Neilson says, " that an indepen- dent Legislative Council would give to v^anada something like a British Constitution, in that case there would be a body that would have a weight in the opin,ion of the country when the Governor and the Assembly were at variance, and on whichever side they declared they would incline the balance;" whereas Mr. Viger is asked, '* Is it not the wish of the Canadians to change th structure of the Legislative Council, and to take measures for wiisuring its formation in such a way as to make it likely that it would agree with the Legislative Assembly?" He answers, *' I am sure we must wish that the Legislative Council should be composed of men who would side with the mass of the people." Query 6L — Mr. Neilson states that in Nova Scotia, where things go on very well, the revenue depends upon an annual vote of the Legislature, o that not only the appropriation of the money, but the very collecting of the money is dependent upon an annual vote of the Legislature, and there the Government and the Assembly go on very well in concert ; can you inform the Com- mittee whether that is correctly stated?— Mr. Neilson totally omits to state that the civil list is voted by the British Parlia- ment, and that consequently the same cause of collision does not exist there which exists in Lower Canada. It is uimecessary for me to explain to the Committee that this is the case in all our North American provinces, with the exception of Upper Canada, the expenses of whose civil list however are defrayed from pro- ceeds of funds belonging to the Crown, and are not dependent on a vote of the local Legislature. Query 62. — You have heard much observation from the wit- nesses respecting the constitution of the Legislative Council ; have you any remarks to offi»r to the Committee on that subject ? — Here afji\in I would call the attention of the Committee to the different evidence which is received on such points ; Mr. M'Gillivray states, 85 » ^'""S wl.ich is looked for ^^^ m^brof: ^r""' '^*'""" same time, with respect ,o thi, P , Committee; at the points where an impr'veds '1 "I ' "" ""' " '" "" <'«>er ">e du,, of Govern^e:! tit" n "' "'"'"'"■ " '= --aril, *«ry 63.-Von are aware that Mr Neilsonh., ' • respecting thedismissalofmilitiaoffitrsb 'Lor dT"""'"" y- -ny information to give to .u" ? '^ °"'°"'''^i '"»'« Tbe following ge„er., ^Z"^, ^^T '""' ""'"''- periods by Lord Dalhousie's d"e i;,?^ "" "' '"" *'^"<^"' "Well his Lordship assigned till '"'''" ""^ ^'""'>'''< Committee will ,« "ceive from he ' T' '" ''"""''"'■ ^'^e 'hatit was for co'nduct c imel wU The T' "'' '""^ ""-• .hat hi. Lordship wasmainlytdud ,:"""'"" '"«-" in question. " Office of LTT, "'"" ">= individuals Quebec. 12th of Se ember ^T^cr'-^'r""'" '" '^-'«'- His Excellencv the Ooverl ,7 ''''' °"''""f Militia.- early opportunity to! .T o , ' bTr"''"-'"-'''''^^ '»''- "" Canada his sentiments Icr^il 1 "' "'' '""'"" '" ^-" concern their loyalty and „' " T" Z^r""' T"'^" "-'" ander which the militia force hi' l '""" "''" "« law, have been enacted b i o 'i ,t'(l posed persons were not wanting to spread doubts on the subject, and to those were added gross misrepresentations and calumnies regarding the intentions of the Executive Government, all tend- ing to create discontent and dissatisfaction in the province, but more particularly to induce the militia to object against and dis- obey the orders issued under those ordinances for the usual musters in summer. The Governor-in-Chief has seen with great satisfaction that the utmost exertions of the ill-disposed have totally failed to disturb the national disposition of the people to order and obedience, with very few exceptions, and those chiefly of officers holding commissions. The musters of July and August have been unusually numerous and well attended. It is therefore an important and a most agreeable duty to his Excellency to offer his warmest acknowledgments in approbation of that con- duct by which the battalions of militia have shown their loyalty and proper sense of duty ; but while the Governor-in-Chief thus gives the reward of praise where it is so well merited, he feels that his duty imperiously calls upon him at this time to deprive of the distinction of holding commissions in the militia all such persons as have neglected to attend at the musters required by law, or who by their conduct or language at public meetings have fai'ed in that respect which is due to the representative of their Sove- reign. This however, is a work of time and investigation, which, though necessarily attended with some delay, will not fail to re- ceive his Excellency's serious and deliberate consideration. By order of His Excellency the Governor-General and Commander- in-Chief, F Vassel de Monoel, Adjutant General M. F." The otii order is as follows : " Office of Adjutant General of Militia, 12th December 1827.— General Order of Militia.— The Governor-in-Chief having for some time past occupied himself in considering reports of reviews by officers commanding battalions of militia, has great satisfaction in again expressing his approba- tion of the general disposition and orderly conduct of this great national force. The reviews have been fully attended, and there are but few instances in which the Governor-in-Chief would think it at all necessary to express censure; his Excellency therefore conveys to all, and to each battalion, his thanks for their conduct, trusting that the next summer he shall find no cause to repeat the 87 .-^tsrr ::x"trr '----- save an „pi„i„„ ,,,,. Ihe Jrolln"^™™™ '''■''°"" Canada -ved. and certain nnUtia ffiot t ta "'' "' '''' "'' - house's consequent jndgmeri unl .^^ ""P""""'' I'""' D.I- »-.up„„ ,he opinio;^ ofTLtoll r'^l""' ''"""'">■ - " '» =«^nd .he 3n.n,er,nuset 17;?""°'' """"'ly ''fused of disobedience to orders i„ ' „ """' '*"'"^<' « ''Pi"' I'ousie dismissed tl,„sep"',„„"r:?""°' °' "''"'' ^'^ De- duct and situation made'snl '„'' a '"7"""'"°" "' "'"''' ™° grounds staled Lis lordshin',. T '^ "e«ssarj; and on the Secretary of Stale. "^ "'"'''"' ''^'"'■> «■■>« ^"-ction of the ch!::fi!i;~ML?,e io;;:\ti:rf "™ '"-'• "■°' '--'' °- '"- Kin^. save the cfs„ " and t frt f "" '""■ '" "' """^ °^ "fLowerCa„ada,towardrthesu™ ■ '■'™"'^' '° ""= P™™' he says, the contM whic* h Assel'; , ? "' S"-™™-'^ hence. It is in consequence of t ,t ..Tt „„T ' ' "'" ''"^' ™«""" P-ince. for the public tes'the^of.hT.r'?' ^"^^''^ "> "■' ■igl" to appropriate them r.";"^'"'^' ""= legislature has a he .s asked. " Did that message ofT'd I> ' T""'"" ^S"'" Km, would appropriate thos°e revcnl, forTh "''/"•" "" •■nee, or that he made them over ta ,h T "'" "' "■= P™" pHa.ed by the. for the use of ^r^t^^';:"'- "> "= "PP"- lie does not recollect the precise J,l r. '""'"""'. "That he does recollect that the c« 11,^1 f '^' "'"^''S''' •"" «'"< '» 'he province i„ aid , i fc w '"' "'"'"'•' ""' ^i'^en 'he Contmittee with a, y ecM «";"'""«"'■" Can you supply I' appears i„ ,he Journal ot ' ™"?1' "^" ""» P""" '- •^f April, 179,., hat "a l^a '1 "", "'''''"'^ '"""^ ^^'h »'g"ed by hi. Exceiie.,: .T„r :„ tvrt^i "'t°°""'-- messaje was read in En-lish an^T ? , ''""''"• "hich ■nefUrs of the House he";^tn 17;" !: t'h" ''"""'■' "" "" o uuLovered, and the same is as fol- 88 ?»v. ' ■> 'il loweth : — Dorchester, Governor. — The Governor hns given di- rections for laying before the House of Assembly an account of the provincial revenue of the Crown, from the commencement of tlie new constitution to the 10th of January, 1794 : first, the casual and territorial revenue, as established prior to the conquest, which Hin Majesty has been most graciously pleased to order to be applied towards defraying the civil expenses of the province." The Committee v\ill not hesitate to admit that an expression, on the part of the Crown, that orders have been graciously given to apply the territorial revetiue towards defraying the civil expenses of the province, cannot, in reason or injustice, be considered to be a gift to the Legislature, by which the Legislature obtains the right of appropriation. I would beg leave to lay before the Committee, in illustration of this distinction between applying the local revenues at the discretion and under the sanction of His Majesty's Government for the benefit of the Colonies, and the surrendering them to the colonies for their absolute appropriation, by the following letter, which was addressed by Lord Bathurst, as a circular letter to the colonies having local legislatures, on the 8th of October, 1825, and which appears to me to express most clearly the reasons why an annual vote of the Civil List is less preferable to a more permanent arrangement. " Downing-street, 8th October, 1S25. — Sir,— You are aware that in all discussions which of late years have taken place in Parliament on the subject of the Colonial Estimates, it has been objected that the North American colonies ought to take upoFi themselves those permanent and necessary expenses of their civil government which have hitherto been charged upon the revenues of this country. 1 have always felt unwilling to enter upon this subject until the period should arrive when, from the growing prosperity of those colonies, and from the condition which they had, in fact, attained with respect to their population and resources, I could press it with the conviction that the proposition was not only one which ought to be entertained by the Legislature, but one which would be met by a most anxious disposition to comply with the wishes of Go- vernment. I also deferred pressing this point until Parliament has actually removed those restrictioua to which the commerce of the colonies had hitherto been subject; because, though it might so have appeared unreasonable to have made the extension of a upon the,r assum.ng. upon a just footing, the charges of their own iZZT'' ':[' 'f' '■' ^ -«- P'--^^ course '(and onelhi" r trusted would be found not less effectual,) to rely rather upon the chsposUion of His Majesty's subjects in the ooloni ^ to eXe a just sense of these advantaj^es after they should have bee on ::; iaTr ";r;;'^" ^^ '^^^ ^^^^'-p^^^ *- '•"^- ^h- oi onc^ s "d '' r"'"^''*^" '^ ^^y '^-'"- or consequent concession and advantage. By the measures which Parliament ha^ recently adopted the restrictions I have referred to are re amoved and the colonies now enjoy, under the protection of hIs Majesty, the same freedom of trade with the parent state and w.th foreign countnes as if they constituted, in fact, integral parts of he Umted Kingdoms. Such a state of things, it is confi- dently hoped, cannot fail to produce an increase of prosperity that will either enable the colonists to bear the charge of the Civil Government without necessity for imposing additional taxes, or will make the u.creased taxes, which it may be necessary for a time to prov.de, less b.irdensome than those which they are now obhged to sustain. I have had frequent occasion to reo-ret t' e jnconvement consequences which i.ave arisen in some'of His Majesty s colonies, from the practice of providing by an annual vote for those charges of the Civil Government which are in thd nature permanent, and which therefore ought not, consistently w.th those pnncples of the constitution common both to the Umted Knigdom and to the colonies, to be classed with those cont.ngenc.es of the public service which, being necessari l fluctuatmg, may be fitly provided for as the occasion appears to c ema.ul. In point of fact, the necessity of an annuafvote 1" the maintenance of a fixed and permanent establishment is omIv calculated to embarrass the public service, and to disturb the harmony which ought to exist among the different branches of the Legislature ; it even tends to impair that confidence between the Government and the inhabitants cf a colonv, which is equallv necessary to the just support of the former and to the happiness and p,osperity of the latter. In the practical execution of this proposition, ,i cannot fail to be satisfiictory to the Legislature to II m I I I I I in 1 i 90 observe, that it is not intended that the provincial revenues should be charged with any excess beyond the long-established and ordinary charges, unless a further increase should by them be deemed expedient. The charges of which the present estimate consists being all strictly of a permanent description, I should propose that the Act, which will be necessary to make provision for their assumption by the colony, should continue in operation for the space of ten years. The cordial adoption of this propo- sition on the part of the Legislature cannot fail to draw still closer the ties which so happily subsist between the mother country and her dependencies, and to induce a favourable dispo- sition on her part to apply her capital for colonial purposes. And when it is cojisidered how heavy an expenditure is neces- sarily incurred by Great Britain in the military defences of her colonies, it would seem unreasonable, under present circum- stances, to question the readiness of the latter to provide in a proper manner for the necessary charge of their civil government. You will explain in the fullest manner to the Legislature, in the course of the next session, the expectations of His Majesty's Government upon this subject, and you will at the same time inform tliem, that whatever funds may be raised or received within the province, such funds not being under the control of the Legislature, will be appropriated for the benefit of the pro- vince, at the discretion and under the sanction of His Majesty's Government." 9J APPENJ3IX (C (C.) EXTRACTS from the Evidence of Fn before the Select 00.^7 ''{^'''^^^ Elmce, Esq., k.cieci ^^oinmittee on the riv.i n Canada. '^^' Government of Wkre not the boundaries of Upper and r n», n co„.e<,„e„oe of .he ,.ovis,„,. oahe Ac. tfl ™f ^^t: ^^"'=^ '" In your opinion, has (he boundary lin. hi, .^'^ """• vinces been drawn oonvenientiy for Thl ,» ""^ '"" P™" division so arranged as .o TZ ^ '"'°""™'' ^ °' '» "•i=" J- ouue ,„p„ii: ,,.: ^:: , r rr^rrdS""' ^ ;-' '' '- on a subject affertino. :,. ^ ditterence of opinion both onX:!zz";zri:T^' -""'"'-^ '""'='"• a. Quebec, and a. YorkTn uLr C natT' "'T "'""'' of .he re„,„val of the Ugi.t.ZI tTZtlT^ "'''"°'" he .he p„p„ p,a., if a u^niouroltSr'ur "V^^' '" 96 APPENDIX (D.) THE FRENCH CANADIANS. '''■If ■x: M# I Sir. To the Editor of the Morning Chronicle. At this moment, when all British subjects, to whom our colonial prosperity, or, indeed, the real welfare and genuine liberty of their fellow-subjects in general, are objects of any value, must be watching- with deep anxiety the result of the disastrous out- break which recently occurred in Lower Canada, a few observa- tions on the subject of that colony, from one who has had some years' experience of it, may not be wholly without interest. Not that those observations will contain much, if any, of novelty. But it sometimes happens that truths, though " familiar as house- hold words" to those whose duties or interests bring them in constant contact with the subject of them, are forgotten or lost sight of by the generality, whose attention is distracted among a variety of objects, and is onlv casually called to the subject in questioti. And such must ever be more peculiarly the case with respect to any one of the numerous offsets from the parent stem of this vbst empire. Let me guard myself, however, against being understood as upholding or defending, by anything I am about to say, any abuses really existing and requiring reform in the province. If it should be considered right, upon constitutional grounds and after mature consideration, that the Legislative Council should be elected, as well as the House of Assembly, by the people if it should be decided that the judges and magistrates, and her Majesty's law officers ought to receive their nomination from the latter body instead of from the Queen— let these reformations, and 97 all others which may legally and constitutionally be resolved „n be earned into execution in proper tim. .1 P"""' though I should scarcely supple I 2r" ''°'" "'""" ' had been carried, and I LowTha Zl^^^^t^ two measures the real object of the democrat iVt;:?; Majesty would be advised to contlrr '" ^°.^^'' Canada, her -^existing on the ban^tr^rL IX^rrr''^^^^ honour of still numbering Lower CanTdlll u "'^' ""'^'^ colonial possessions Rn^ n ' "''"""^"y' ^•"ong her to satisf/thi ::; is : e : ' " "'"" ' "'^^ >'°"^ -^^-« alleged object of obtaining redress If , ^'T "^ '"' '""'" ^'^^ these observations only^ tto \v 1 ' T^ reading the more modpr. ! "^'"' themselves with b '« more moderate portions of the nress 1 .h^ 1 1 sider ,t a very unnecessary waste of timP ! ^'^ '''/;'^''""'^« ^"on- open rebellion is in the nL 7 ""'''** '''« '^^« that B.U when on ; b Za sff 7"' ''" ^^^^' ^« '^^ -^d-'-^- pape.. French as w:^ as E;^r;tt'r^^^^ ingand writhing under the tv.^nnv of th ' "'' '''^''■ ;;- almost Challenges a cc:;:^^ r^^^^ ^T It becomes a natural and very „ece„.,rv .,„„ , , "''• conditio,, i., .„rt „h„. „^ feeli "", L 7 l" ""^ '^'" happinesH and ro.nfor,, and, „n tl,. , , "'"oonduce, to «oc,etie» form the price paid I,, the con, '^ '" '" -nd protection. The curse of .»., '""""")' '"■■ Bover.nnent T M turse or taxation is thrrp ««.,.-„ i c, I^'berty. whether a. regards their religion 1 ^ ^''*- writing, is enioved n. fniu, i V^ ' '*'""' ^''^^''-h, or "' " ■'^^"^" '""P^">' **'«'« to such an extent, or. 98 h^i^ Wi.' I J: ::gffiEI i If r ought rather to ssiy, approaches so nearly to universal proprietor- ship, as would, I fear, excite no small feelinn; of envy amonjr our less favoured peasantry, acquainted only with our more civilized and more unequal distribution of property. The word " laboiirer," in the European acceptation of the term, is almost without appli- cation in Lower CJanadn, unless, indeed, in the persons of some of the poorer emifrnuits of the mother country. The word •' paysan," again, appears to have been rejected, as if the usual acceptation of it in the old world had rendered it unworthy of a race of landowners ; and " hal)itant" is the word universally used to designate them, as if to point out tJic occupants, par exceJI, nee, of the country, as distinguished from those who dwell in the towns. By the operation of the law of inheritance, every French Canadian siicceeds to his father's freehold, or to a portion of it; and, unless he loses it by his own folly or misconduct, lives and dies on it. Accordingly each Canadian has his own house, warm, substantial, and commodious; fuel tor little more than his trouble of cutting it; his land and garden (in which the tobacco, free from duty or excise, makes a conspicuous and luxuriant appear- ance,) rarely failing to yield a good crop, in spite of bad farming, which is adhered to with all the obstinacy of independence ; cattle, according to the extent of his lasid and his own taste, with a certain market, easy of access for his snrplti- produce; and, with rarely an exception, one or more stout handsome little horses of the old Norman breed, with his two carriages, a cariole on sledges for winter, and the old-fashioned calash for summer. And I wish that those who cry out against the oppressed state and discontented spirits of the French Canadians could witness, as I have often done, the assemblage at one of the paroisses or parish churches, on a Sunday. Scores, I believe I may say hun- dreds, of these carriages, waiting, without coachmen or footmen, it is true, but in perfect security, till the service is over; and then a pouring forth of cheerful and respectable-looking men, with their wives and children, all well and warmly clad, chiefly in clothes of their own manufacture, preparing to drive back to their respective homes ; but not till they have made their respectful and affectionate farewell to their curt«, and inierchanged kindly expressions or looks with their neighbours. Follow the course of 99 village, running alono- .ad, h»nl f" """■' ""•» " ^t of "•i» PiCu. be%a„i:ro:^ It'^:^-- -»■' -y-feth. country „i,| p™„„„^^ .J „ ™:,"-,,. ^'' ''■7» "••<• know .he And these are the ,„en „, „ ."""'°")' «» ""^'■"'S »ould.be popular leader „av of T""""" , """^ '"'P^" A lowers among his own riends! i"'' "^"^ ""'' * '''^""°l- population h:ve always IpeLrj."'''''""': """''^ ">-» of the of their own unfel. wr' n7 al^- ""' *" ""^ •*"'' ""he history of Mr. Canning's " wea^knifi^g i Z •" "f """'"' "'"'«'"" against the patriotic anddisin teresld ,' " "'" "'""'"'' P"™"' " Friends of Humanity/^ t^ l"" "f ""P''"' '"^ '™"«a'l-n"e /eel very miserable. Ue "sdW.I "" """ ""'^ ""S'" '<> enough to feel that their lot if 1 "'" '"' "'"■ea'onable "ith it. So notorilul I rd'rustTr^,:;^' ""' '° "' """"'^^ dis,»si,ion of the CanadiansTgenVr tiaf I '„'"'' ""^ '^''''^ M. Papineau would venture bevond !. ' '""ffine-l -laries. The natural id a wat^ hat h" w'J V' '"'*'"" "'"* brag, and trying how ,i.r he ctu Id go 1::,: "h:"^, " '"^ "' ''IS favourite object of naralv7m„. .v, attamment of .iousopposition'to JTzi^:rzT"' ''"'""- '"- ...d of threat, and intimidation ouoft I t""" '''"""'"^• have shown .hat he had nre Jr^LJ [ ^ " '''''""• ''"""er, 'he question now s r "a „V;.n"""' '■° '"'" """"i '"d oided, how far he mav ho„ '7 ' " '*'*"''' ">« '""» de- brethren in the tilldVcrfiden't?''"' f" "" ^'"""■'- 'hough he seems to lie! clld'-'' ° ':'''*°'°""" '' '"-at, "ter of infatuated „rL:„rf ^'^.^"'''"^".-"-•'"able , ,.v.nun3 to reDeiiioii, he Will H i 'I i I 100 look in vain for anything IJke general co-operation from the mass of the population. f know it may be said that the stupid contentment of a people, and their blind indifference to oppression, can neither excuse the commencement of the wrong, nor justify the continuance of it. To that proposition I give my cordial assent. Again I repeat, let all existing abuses and grievances be redressed. All I wish to impress upon those who have patience to read this letter through is, that they must not mistake a few hundreds of desperate out- casts, headed by lawyers without clients, and doctors without patients, for "the people of Lower Canada;" nor must they implicitly believe in the existence of the grievances put forth by these desperadoes, even though supported by the confident state- ments of a small section of violent Radicals in London, or the spiteful but obviously ignorant generalities of some of the Parisian journals. , , I am, Sir, Your faithful and obedient servant, M. London, December 26//i, 1837. [Ex ! Hi ''f Rj ^^^M' 1 i^." In dil ill 102 Canada, on the barefaced injustice with which a portion of the French press reproaches us with tyranny and oppression towards that Colony. Surely it is a sufficient answer to suoh calumnies from that quarter to ask, and it is a question which I am sur-^ prised has never occurred to these flippant writers — what would be the present situation of Lower Canada, as regards free and liberal institutions, if she had continued under French rule ? How many steps would she have advanced towards the attain- ment of that high degree of civil liberty, from the exercise or rather abuse of which have sprung the very disorders over which the section of the press alluded to so ungenerously exults ? Would she not rather, judging from the other French colonies, be as nearly as possible in the same state in which we found her at the cession of Quebec ? But to return to the more immediate object of this letter. Proud as we justly are of our institutions, which, with all their imperfections, I am old fashioned enough to consider better adapted than any others for our home use, we still are somewhat too apt to suppose that they must be equally well contrived for other communities, no matter what their habits, religion, colour, or climate, or what the nature of the laws by which they may have hitherto been governed. It seems to have been considered sufficient that the abstract principle was unobjectionable, without its being judged necessary to inquire how the practical details of the system might work. Of this fondness for the adaptation of the machinery, without sufficiently considering the fitness of the materials to compose it, or of the subject matter on which it is to act, a striking exemplitication presents itself in one of the principal causes of the late unhappy differences. The nicely- adjusted balance of King, Lords, and Commons, so beautiful in theory, so efficient in practice (though, by the way, the practice is in truth anything but a faithful reflection of the theory), could not but succeed, it was thought, when represented on the minia- ture stage of the Colonies, into most of which, accordingly, it has been introduced. But in the ardour of admiratioa of the prototype, the total absence in the copies of materials to form the second or intermediate body between the Crown and the people (I am speaking more especially of Lower Canada, but 103 the defect must necessarily exist, more or less in all ih. P«i • ■n which ^. ..e CO.....W has been i^Z^l^Z:: looked, or at least iiisufficientlv nrovide,! f„r » j ">» over- the LegiCatlve Coundl, the CoioTa Tout „f ^7 '"'I' of n,en,bers, not merely nominated b, the Crln and :"" .h^^rore, no hereditary or indepenaJnt":?™::; t".!^;:;:!^' "0 , generally speaking, an, landed or permanent intere^r „ tT," Colony, but, for the moat part, holding „mce nnder gt :^e^. It .a useless and impossible to deny that this foLs a 2' n.ater,a and almost fatal variance between the original and Z tZ ■ 'VT'' ""•"" "" I-S"'»'ive Coundl ,ite tot rertrteTuii^^rr^-;;— ^^^^^ -.V t.u.t part, But everyone who knows anytZ of W Canada and of the division of property which exists there tuW ^™ that no .crease of oualiflcation, or of the elective f^rse 0^.1^: th:;tri::irt„°" '-'-' ^-'^^ House ofAssemhV a;^^ ..ainst the two popular bodies,ir f ^^'rhey^Ttl I' n or,g,„ prmciples, and interest? It would I fr ho e ,e^ ^f Aslbl, a,'„:,e °°"™™"' '"' " " -"'-• -'" '^-^ House org?nt::;o:t?s::;:^irtrci:r "^^ ™' -^ '"^ ""f--' Ik! .u "o'^'cty m tne Colonies, compared with that of the mother country, could not. perhaps, have been prevented J remedted consistently with the determination of adCg ,' thi model of the British Coustitutiou. But . will now ca I th! llt^t t.on of your readers, if, indeed, I have not alread, exhaustd' their patience, to another instance of root and brLch .rats plantation, whprp tho Hr-"' • orancn trans- "~ ^''^'»"'= i"'"^^«=^ *>• "■ "tiie previous pruning 104 pxl pi ■^ R ¥&■' would have rendered the tree much fitter for the new soil in which it was intended to flourish. By statute 14th George III., ch. 83, commonly called the Quebec Act, it is enacted, that " the criminal law of England shall be administered and observed as law in the province of Quebec, as well in the description and quality of the offence as in the method of prosecution and trial, and the punishment and forfeiture thereby inflicted ; to the ex- clusion of every other rule of criminal law or mode of proceeding thereon, which prevailed in the province before 1764." And the same system was continued to Upper and Lower Canada by 31 Geo. III., c. 33, when the province of Quebec was divided into those two provinces. Now, that the introduction of the English criminal code and mode of procedure was, generally speaking, a real inestimable benefit to the French Canadians will scarcely be disputed by any one who values the trial by jury, or who considers our humane and temperate rules of evidence pre- ferable to the entrapping and self-criminating mode of inquiry (I speak doubtfully as to the use of the rack), which was tolerated by the French law much later than 1760. And yet, with all my partiality for these admirable institutions, I doubt whether even in them improvements might not have been made, so as to have rendered them better adapted to the new scene of their exercise. I incline to think, for instance, that instead of insisting in criminal trials oii absolute unanimity in the verdict of the jury, a majority — not a hare casting vote, but of not less than nine to three — would have been more suited to the materials of which juries are commonly composed in Lower Canada, by making- allowance fcr one or two wrong-headed persons. With regard to ex-officio informations by the Crown officers, again, though I sincerely believe that this power, extensive and arbitrary as it is, has never been abused in that province, and though I feel morally certain that the late exercise of it by the Atti...-as.ftw,ear. have broughTabo-uTL ZSThe "''* "" -verity of the law of England, fo™ . eTrp^frat^'""^ opin on of the nuhlJp tv^.f i • ^ *^**' '" the an'd thej.t e"- lou: ^:,:'':rrr tT r "^'•^ and viciouB state of society for whlh '. ^^ '^ "'"™"" ^^^.e\ara^h?re:c7aIr^ltbrx^^^^^^^ verity ot the English enactments by its own lo-^I „, • • and this is true • hm M. provisions : ui» true, but this power was cerlainlv exeroispH K,., • few instances, at least up to the year 18 "2 . a„7 , myself an instance of = L i, ■ T ' "'' ' recollect somewhere aW ,h T. '^ '"'"«"' f"' '><'«-stealing reasolsfo vtt' li^ff '"■ ^°" ""'"" "^ "-e usual Canadas, more especially as regards fiscal regulations A — ri.-r^r--ri-Hr l.rov.nccs, which naturally seeks the removal of h! Z Th' o her, a gainer probably by the unequal action of therlJo! to the same extent that the sister province is a loser, ^^11 -Ueration. or at all events will lend no aid from its own T? , .ure. Without which all the efforts of the sufler: iTnl'!?;;':" 106 A united Legislature, based on fair principles of equality^ would not suffer such a grievance to rem?»m unabated a single session. And if' ray mettiory does not greatly deceive me, that was one of the arguments used in 1822 in support of the union of the two provinces when that measure was all but carried by the colonial administration, of which Lord Bathurst was then the head, and the present Sir Wilmot Horton the representative in the House of Commons. I am, sir, your obedient servant, M. • ■i London: Printed by W. Cmwrs and Sons, Stamford-street. irould ision. neof I two onial and ouse ►I. '^k.