IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 UaiM |2.5 ■so •^™ imbh Hi 1.8 U 11.6 I V] V5 circumstances, without csscnlial changes. In the mother country the King, the hereditary head and per- manent representative of the state, is always personally present in the midst of his people. Although he con do no ivrofig, that is, by an ingenious turn given to a maxim of despotism, he can- not act in the ordinary administration of the Government, but through responsible advisers, he is efiectually an essential direct- ing power of the Constitution. He is lei^aUy irresponsible ; but his existence and happiness, the existence and happness of his family, are inseparable from the existence and happiness of the nation. He can be of no party; \\e k above nil. He has ser- vants and advisers responsible to him and to Parliament ; he re- tains them so long as they merit it, and preset ve the confidence of both ; unconcerned in the ordinary transactions of public busi- ness, he is still within reach of correct information, and can, and frequently has, given an entire new turn to public affairs, in favor of ihe general welfare. In a distant Colony like this, he can only act by delegation ; he cannot invest his delegate in the Co- ony with his legal irrespgnsibility, his permanency, his personal and hereditary interest. In this respect then there is an impor- tant difl'erence, between our Constitution and that of the mother country. \ ddference somewhat similar exists with respect to the arisfo- craticftl branch of our local Legislature. The Legislative Coun- tillors Iwvo tu>t tliat hereditary nnd permnnoiil interest in tlie di- lony wlikh the I'cers have in F-nj^land ; they c'oiist<|iiently hart, not that cuniiniinity of interests in the L'eniral welfare whieh the Peers have ; yet they are cqnally ahsitluie nnd irresponsible in their le^jislative enpacity. and inij'ht, by leavin;; the eountry, wiih- outany vi'ry great saerifiec, withdraw thetnsilves tVoni the natural responsibility of their acts. Althonjih they are appointed by llic Kin(4 for lite, the appointment must he ment of their common concerns. 6th. Temporary Laws expiring. 7th. Private Bills. 8th. Supply and Accounts. Under ihe first head may be included the following :— • 1st. Bill for appointing an agent to reside in the United Kingdom. 2d. Tribunal for adjudging in cases of Impeachments by the Assembly. 3d. Equalization and augmentation of the representation. 4th. Facilities and encouragements for the general dissemina* tion of knowledge. 5th. Redress of grievances. 6th. Elections. 7th. Bill to subject Members accepting ollices of profit, or be- coming accountable forpublic monies, to vacate their seats. Under the second head, viz : Greater facilities and securities for the Administration of Justice : 1st. Bill for holding Courts of Inferior Jurisdiction in numer rous local divisions throughout the country ; and improvements in the general Judiciary System. 2d. The independence of the Judges, and providing tor their holding their ofHccs during good behaviour. 3d. Law Fees and Sheriff's Sales. 4th. Qualifying Justices of the Peace. 6th. New Gaul at Montreal. Under the third head, viz. : Facilities to Trade and Industry : 1st. Cessio Bonorum or Insolvent Law. 2d. Enregistration of Deeds. 3d. Lumber Act, Pilots, and Port Charges. 4th. Improvement of the Navigation of the St. Lawrence. 5th. Intercourse with the United States. 6th. Prevention of Smuggling. 7th. Damages Bills of Lxchange. 8th. Circulation of Sovereigns. Uth. Facilitating Grants and Concessions of Land, |and the Settlement of the Province. 10th. Agricultural Encouragements. 11th. Road Acts. Under the Jburth head : Relief to different portions of the sub- jects, &c. 1st. Recourse of the Subject against the Crown. 2d. Petitions of the Townships. 3d. Representation of the District of Gaspe. 4th. Clerks Markets. J) 'ith. llojtpitalsatid ('hnritnltlf InstiUitiont. 0th. I'hysiciaiiH niui Surgeons. Under th«,/i/}/i head: Facilities to the Inhabitants of Local Uivisions for the better management of their local concerns. l!»t. Incorporations of th6 Towns. '2d. Oasp<3 Representations and Township Petitionv Sixth head : Temporary Laws, expiring. 1st. Extension, Gaspe Judicature Act,, exp. 1st May, 1826. 2d. Kegulatine Taverns' Licences, 2 acts, do. Sd. Erecting Inferior District of St. Francis, do. 4th. Establishing Fairs, do. 5th. Regulating Police, Burghs, Villages, do. 6th. Hegulating Inland Trade with U. States, do. 7th. Weight of Coals, do. 8th. Agricultural Irrprovemcnts, do. Seventh head : Private Bills. One or two were before the Assembly and dropped. Eighth head : Supply and Accounts. 1st. The Accounts of the Revenue and (expenditure. 2d. The late Receiver- General's defalcation. ."^d. The monies advanced and unaccounted for. 4th. The annnal supply for the expenses of the Civil Go- vernment. 5th. Separate special appropriations. It is intended, briefly, to notice in the above order, the nature and progress of the several measures above referred to, and then to mention such new measures as arc publicly reported to be in agitation fortheensuing Session. MEASURES BEFORE THE LAST SESSION. FIKST HEAD. 1. Provincial Agent.— Thh measure has been before the Legis- lature since 1807, and has, at different times since, passed the Assembly in various shapes, but always failed in the Legislative Council. The last attempts were iti 1S22-25, and in 1825, when Sir James Mackintosh was proposed as the Agent by the Assembly, by bill, with a salary of ^£'1000. Agents, appointed by acts of the Legislature of almost all the several colonies, re- side in England. It seems, indeed, to be a natural consequence of the Legislative authority which (he British Parliament has reserved to itself over the colonies, particularly for the regulation of trade— a power which may seriously affect the property and industry of the subject in the colonies. The experience of the last three or four years, and particularly that of the present year, has made the want of an agent more generally felt than ever. During the period above-mentioned, the Union Bill was on the point of passing without the inhabitants of the colony knowing anything about it. The Upper Canada Trade Act, was actually passed on the complaint of Upper Canada, without that complaint being communicated to the Legislature of Lower Canada, and without this colony having had any opportunity of being heard on a matter affecting the properly of every person in it. Tlie tirisl of these measures, odious to the great majority of the inhabi- gCboth provinces, striking at the very existence ofthe established r»>' constilnliDii, oontnrv to n.itnml in-iiiT niul to fri'pf;nv<'rnni(>t)f, iltr,ickiM|i till' Ciinihiiiu ii!;il ii/lits nl' hiili-.li sliliifcts, tl'c |ii'i-ii - li«r rights of till' iiili iliititiits of this lolony, •>i>li'miil> ifiiHUtitct.-it, and the rplijjjioiis piivrli'^jos penoenhly oiiinved l>v lli*- ItomnM Cmhi/Hc^ sincf the {■orKjiiist of ('uniidn, niiil i'vlmi f hi-ir lupmnur,', it is now, alinon iiniversvernmriit which has so loner and so well merited and beneficially enjoyed the coiiliduice of its subjects. 3. Equnlhnthm anil nu^mi'ufnlion of the reprrscnlnthn,— In the Session of 1HI7, a liill for taking nn Kniiiiieratioii of the popiilaiion, havin;» this amon-^st other objects in view, was passed in the Avseinbly. It was renewed nnnujilly, but it only passed the Le;{islalive Council and becamcft Law at the Inst Ses- sion. l)n the reiterated petitions of the 'rownshi|)s and other parts, whose local situation does not permit their inhabitants to attend at the places of election for the coimties of which they form a part, a Hill, for a (lartial nii(^mentntion of the representa- tion, was however introduced, and passed the Assembly in tho iiession of \B'2,7>, It was tnnended in the Council, to which amendments the Assembly disagreed. An rslimati' of the popu- lation having been obtained from the Surveyor General, the fol- lowing year, a Dill for the general equalization and augmentation of the representation was introduced, founded on the basis of thn population in that estimate ; passed and sent up to the Council near the close of the Session. At the last Session, the Dill was again passed in the Assembly and sent up to the Council, where it failed. The representation in the two last Bills sent up by the Assembly, was encreased eighteen above tjie niunber fixed in 1792, since which time the population has probably nearly trip- ed. On thescali- of the representation in Upper-Canada, Low- er-Canada would have about l.jO members instead of C8, tho number proposed, and on the scale of Nova Scotia 190. In nil the Hritish Provinces, and in every part of each Province, except- ing the towns, the number of qualilii d electors, bears about the same proportion to the population ; the great majority of the in- habitants being possessors of freeholds. The proportion of talent in a representative body has generally been found to bear a rela- tion to the number of which the body is composed. ]{y facilita- ting the exercise of the elective franchise to the electors of every part of a country, the candidates are better known to the elec- tors, and the fittest persons are chosen truly to represent the free- holders, upon which many of the advantages and the stability of representative government depend. Tho body ought to be suf- ficiently numerous not to be unwieldy. Individual influence and 1 (10) views, and even Taction and party, are far le?s likely to biass m numerous body than a small one. It is reason alone that can permanently influence a numerous body, and knowledge, talent and character are necessary to set it forth. As the representation stands at present in Lower-Canada, it is manifestly unjust to the Province and to individuals ; the character of a country, and the good that may be done, vr 11 depend greatly on the knowledge, talents and character which may be united n its represenlaiive body ; the public bii>°th'. iis bear about equally on any given num- ber of electors, the interests which are to be secured and promo- ted in the Assembly, are about equal between any given number, yet such has been the alteration in the location of the inhabi- tants of the Province, that 1500 freeholders in some counties, send as many representatives as 6000 in other counties. Alany of the freeholders are at so great a distance that th.>y cannot at- tend at the elections. A new population of probably 30,000 souls in the 'J'ownships, have i .alily no one chosen by them- selves in the Assembly, to make known their sentiments and wants. 4. Facilities and encoiiragi ments for the general dissemination of' knouledge.—'Vhe first proceedings in the Assembly having this object in view, were auopted on petition of the citizens of Quebec in 1794. The Jesuits in Canada, as was very generally the case in catholic countries, were entrusted with the education of youth. Incapable, '3v their institution, of holding properly for their own use, all inat they held was in trust, for the reli- gious and civil instruction o*^^ lic money for the encouragement of schools, but enabling the .Vabriijucs to hold property to a small extent for schools, and to accept donations to a limited amount. It was not till 1820, that the Corporation under the Act of 1801, was fully organized. A number of schoolmasters, with sa- laries of about ^'60 each, had however existed under the Act, some with a few scholars, and some without any. In 1817, Sir JoiiK Smeiibkookk had offered to the late Roman (Catholic Bishop, to make him a member of the Corporation, which he re- fused, it is understood, under a knowledge of some instructions to the Governors relating to religion and schools, aud on the per- suiision that the Corporation was to be so composed as tc give it the influence of his name, without his having any power to influ- ence its proceedings. When the list appeared, it contained no Protestants excepting of the Church of England, and only thiee or four Catholics out of twenty-four members. All the effective officers of the Corporation were Clergymen of the Church of England. The chief 'direction of the education of youth in the Province, under the Act of 1801, was thus given lootie religious denomination, forming about the one-hundredth part of the po- pulation. No endowments of any of the schools now under this Corporation as was promised in the Act, has ever taken place; the number of children educated at these schools must be trifling and ever will remain trifling, comparatively ^vith the number of children requiring to be educated, nolwilhstandin{; the liberality of the regulations establislied for them : yet it ap- pears that these schools have already cost the Province about Thirty thousand pounds oi the monies raised on its inhabitants generally. The only proceedings on the subject of education last Session, were the introduction of a Bill to put all religious denominations on an equal footing in regard to schools, an inquiry and report on the effects of the Act of 1801, by which it appears that the number of scholars in the schools of the Corporation was about eleven hundred, and an Address to the Crown to place the Je- suits' estates at the disposal of the Legislature, to be applied for the purposes of education generally. In the mean time, the country is suffering both in character and its general prosperity, for the want of the common means of education, which it is the duty of all Governments, and particularly those of new countries, to facilitate and encourage, as that source of improvement, with- out which other attempts will prove little better than deception, and the prosperity of the Province be retarded, languish and even decay. 5. Redress of Grievances^— 'The Assembly has appointed a Grand Committee of Grievances yearly, but has rarely proceeded under this head, whether owing to a consciousness of the inatten- tion of the Executive to some representations heretofore made connected therewith, or from a happy absence of any great grie- vance, it can best determine. A strict enquiry into all grievances, should any such be found to exist, and attempts, at least, to obtain remedies, are however mobt important duties of the Assembly. It is obviously worse than useless to pass Laws, if the rights, li- berties and interests of the Subject are injuriously affocted with- out Law, or the existing Laws not executed, or so executed as to be injurious to the Subject and the common weal, contrary to their clear intentions— without there being a remedy in the ordi- nary course of Law. 6. Elections. — There were two cases of contested Elections a the last Session which stood over to the ensuing Session ; both on petition, either of unsuccessful candidates or electors, who thought themselves aggrieved. It will probably depend on the petitioners whether or no they are taken up at the ensuing Ses- sion. It is the duty of the House to take care that no one sit<: in it who is not really the representative of the people, freely chosen by them without any inducement whatsoever of private interest ; it is due to its character to alTurd every opportunity to those who assert the contrary to bring forward their proof; but the presumption is in favor of the Member duly returned, till something more than mere assertion has been made to appear against him. It is only in extraordinary cases, thf.t the House will take up an alledgeu violation of the freedom and purity o( election as a breach of privilege, because in such cases it unavoid- ably places itself somewhat in the situation of accuser and judge, which, however necessary it may be in some cases, ought to be avoided as much as possible, being always dangerous to the party exercising ii, 7. Members accepting offices, <^c.— A resolution declaring it iixpedient to enact that any Mctiibcr of the Assembly accepting f (13) t)t to be any office ofprnfit in this Province, or becoming accountable for public money, should vacate his beat, was unaniinoiisly passed at the last Session. The resolution is conformable to tiie Law iti England, and does not exclude such member from being re-elect- ed, if his constituents should be so disposed. A Law of this kind is a consequence of the House being called upon to vote the ne- cessary expenses of the Civil Government, and thereby check- ing the public expenditures. Those who are in the receipt of public money, or become accountable for any part of the public* monirs, do not seem to be best qualified to check the expenditure, or enforce a rigid accountability; and although members so cir- cumstanced, could hardly ever form a very great portion of the iiouse, yet there is danger of a certain feeling for them among their fellow members, a kind of i^tt^e anc^ take disposition, a sort of dishonesty to which there is a strong temptation when otltcr peoples' money is concerned, injurious to the character of the House. It is besides but just that members who accept the trust of representing their fellow-citizens, should remain in the state in which they were when elected, with respect to other public engagements, or that their electors should have an opportunity of saying whether their confidence in their representative, conti- nues unabated. SECOND HEAD. ■ Administration, of Justice. lo. Judicature Bill. — Justice has been administered in this Province under four diftlTent descriptions of Courts, within the last sixty-five years : five years under Courts Martial ; ten years under English l, some amendments to the existing Judicature Acts were made and passed. In 1824, the Council sent down another Dili, which was referred, and much discission took place in ihp Assembly on proposed amendments. In 1825, a Judicature Bill finally passed the Assembly. It however was chiefly confined to the administration of Justice in the country parts ; the number of Judges was increased to twelve, numerous local divisions and terms, oflicers, and the introduction of jury trials throughout the Province were provi' ^ t'dr, and facilities given for performing in the country pari .itious acts for which the inhabitants are now obliged to travel to the chief towns of their respective Districts. 'Jhe parts of the Bill from the Council regarding the Superior Courts and Appeals, were reserved for a separate Bill. Some amendments to the Bill sent up by the Assembly were made in the Council, and among others, all the clauses relating to Juries were left out. No final decision was however had on the Bill. Such is the brief account of long protracted attempts to reform the constitution of our Courts of Justice ; a reform allowed by all the Branches of the Legislature to be very much wanted. The complaints on the part of the Bench with the present ju- diciary system of the country, seem to be that the Judges are sub- jected to more labour than they can properly perform ; that the Court of Appeals, consisting of the Executive Council and tho Judges of Quebec and Montreal, (excepting on their own deci- sions) is inadequate, and that a sufficient uniformity of decision cannot be obtaineti. The Bar join heartily, in objecting the in- sufficiency of the Court of Appeals, and add delay and heavy ex- penses to tlieir clients arising from that and other sources, and especially their distance from the seats of Justice. The inhabi- tants of the towns are loud against expenses, delay and uncertain- ty. The mass of the popular .on throughout the country, pray devoutly that they may have nothing to do with the Courts or Justice, but unfortunately, the general ignorance of what is now the Lftw, and the hopes, which among litigious persons increase in prc^jortion to the uncertainty of the Law, place the proprietor * ('•') the tho deci- ision in- I'X- and labi- lin- ■A ' > In. 1 situation to be easily brought into Court ;pc'rlia|)soalIed to a dis- tance of a hundred miles from home, among strangers, not know- ing in whom to confide, under a loss oT time, so precious to the bulk even of proprietors in this country, heavy expenses of all kinds running on, his cause possibly put olT, from term to term, he may be nearly a ruined man in property, and what is worse, perhaps in morals, before an unccrluin derision can be had ; and when it does come, even in his favor, he is probably little better off. The litigious man that has no tangible property, has alto- gether the advantage as things stand at present: as immorality increases, property will become more and more insecure, a mo- tive for indus'ry, frugality and care be weakened, and the happi- ness of individuals and families, and the public prosperity checked. Fortunately, although the number of Law suits is great, yet the proportion to the whole population is probably not jet greater than in other countries ; certain parts of the Province, however, furnish an extraordinary proportion of suits, which shews that, destructive as it is to the agricultural proprietor to go to Law, it still may become very general among them. Of all things it is dcsireable that the Law be certain, placed within the reach of its being known by every one, that it may be observed by all, and thus uitnecessart/ Law suits avoided. If misunder- standings of the Law do occur between parties, [and it is una- void.ibIe,] the decision ot the .lodges ought to be had upon them, in justice to the parties and for the information and guidance of all others, within the least possible delay, with the least possible expenses, and with perfect uniformity throughout the Province. The expenses to the Province of a good Judiciary system, which is indispensable to a good administration of Justice, is nothing, compared with the important advantages and actiml savings u> the community which result therefrom, Every precaution ought however to be taken, to make it gnod ; good and pure, as far as human imperfection will permit, like the justice of him from whom the authority of administering it on earth is originally derived. 2o. Independence of the Judges — The Judges in England formerly held their commissions during |)leasure. The eviU which were the result, from their illegal leaning to the Court in questions where the rights, liberties and property of the Subject were concerned, brought several of them to the scaffold under Parliamentary Impeachment. Their commissions and conse- quenily their salaries were afterwards secured to them during good behaviour, still subject to impenchment, and also to removal on Address of both Houses of Parliament. Their commissions, however, remained liable to the ple.isure of the successor on the demise of the Crown, and this inferior degree of insecurity, was removed at the beniflccnt suggestion of llis Lite Gracious I\Ia- jesfy Geo. III. 'rhe old system has however been continued in the Colonies generally ; it must be confessed, however, guarded agiiiiist abuse, as far as the home Government is concerned, with great discre- tion. But when abuses became so notorious in England under the eye of a most enlightened and public spirited people, and subject to parliamentary Impeachment, it is not necessary to en- ter into a very minute examination of abuses which may exist in a Colony, from the want of independence of the Judges wlucli (16) it was round necessary nirthcr to secure in England. In this Colony, in particular, that independence with a similar responsa- bility, is peculiarly necessary, to secure entire confidence, where the Judges are both Judge and Jury in civil causes, and where an intermixture or the Executive, Lep;lslative and Judiciary func- tions exists to an extraordinary extent in the person of the Judges. The securing of the independence of the Judges was one of the objects prayed for by the Assembly in its Address to H. 11. H. the Prince Ukgent in 1815, on the subject of the Judiciary. Proofs of uneasiness on account of the great intermixture of ^Executive, Legislative and Judiciary functions in the persons of the Judges, are to be found in Bills sent up by the As>embly to the Legislative Council, at various periods, with a view to a re- medy. At the last Session it was unanimously resolved, to pro- reed upon this subject at the ensuing Session. 3o. Law Fees and Slieriff's" Sales. — On the first of these very important subjects, as affects the cost to the parties applying for Justice, various resolutions were agreed to by the Assembly at the last Session, and a member of distinguished talents had leave to bring in a Bill in conformity thereto. The contemplated change seems to be to give salaries to the officers of Justice, in lieu of Fees. What mainly interests the public is to be relieved, from heavtf costs generally, as far as a just compensation to those whom they are compelled to employ in order to obtain justice, will admit. With respect to the second. Sheriffs' sales, the Jailure of the late Sheriff^ of the District of Quebec, to the amouut of up- wards of Twenty-five thousand pounds, a great part of which amount was money put into his hands bu Judgments of Court, in some cases nearly the whole dependance of widows and or- phans, has probably suggested the i lea of suffering the amount of sales by the Sheriff, to lie in the hands of the purchaser on se- curity, till final distribution by the Court, which, it is understood, was one of the objects of the Bill rel.iting to Shorifts' sales, sent up by the Assembly, which failed in the Council last year. The immense quantity of property which undergoes the ordeal of Sheriffs' sales, renders them an important subject of Legislation, with a view to give the best security to all interested, guard against abuses and unnecessary expenses, which are generally paid by those who are already unfortunate. 4o. Qualifi/ing Justices of the Peace: — A Bill to this effect was sent up last year, and failed in the Council. Such a qualification seems however lobe required to ensure that rcsponsability in ac- tions of damages brought, in the event of illey Jus- tices of the Peace in the exercise of the extensive powers of their office. Without a qualification in real property, the Justice of the Peace has but a very limited rcsponsability, and the subject a similar security. In appointing Justices of the Peace, the Exe- cutive must always intend that the Subject, in case of the abuse of his powers by the Justice, should have that security for dama- ges which the Law contemplates, but it may not always be easy for the Executive to avoid being led into error in this respect. 5o. Montreal Gaol. — On the repeated presentments of the Grand Jury of Montreal of the insufficiency of the Gaol of that District, a resolution was adopted in the Assembly at the last Session, concurrmg in the opinion of that insufficiency, and a Bill passed which finally became u Law, granting £'200 for a plan ot : i s 1 (»7) f new Gaol. It is not yet twenty years since new GaoU at Qup< bee und Montreal were built at a very great expense, out of the genernl funds of the Province, under the direction oF Commis- sioners appointed by the Executive ; frequent grants of money for repairs have also since been voted, and complaints have long been madcof the insufficiency of both. Some idea may be form- ed of the way in which these things have been mannered in this Province, wlicn it is known that un ihc 21st March last, there was upwards of ^l6,000, " monies advanced on Letters of Cre- dit" tor Gaol building and repairs, in dillereiit parts, •'which still remained unaccounted for," according to a statement laid before the Asset b'y on Address, signed, " by the Chairman of the Coinmltteei ' the Executive Council for the Audit of Public Accounts." Se«eral of the accounts, it is understood, have been rendered, but are judged defective in some respect or other, and bome have never been rendered. Sir John SHEasRooKE, whp was an English man, and had the notions of a man brought up under an English Government, on some difficulties being made by a person entrusted vyith public money, who was required to account, could not comprehend him for a very long while ; at length Sir John thinking he had a glimpse of what the gentle- man meant, said : " Well then, Sir, am 1 to understand thut you think yourself too great a gentleman to render an account?" Third Head.-- Faciliiies to Trade and Industry. 1. Ccssio Bonorum.—\ Bill to remove all doubts respecting the cession of the property of Insolvents, according to the an- pient laws of this country, understood to be similar to the Scotch Insolvent Laws, passed the Assembly in 1824, was again renewed and sent to the Let^islativc Council at the last session. The Assembly also passed a resolution at the last session, that it was expedient to abslish imprisonment for debt (conlrainte par corps J in certain cases. The complaints of the mismanagement of the Estates of Bankrupts in this Province, are now nearly universal. Imprisonment of the Bankrupt, which exists in several cases. It IS acknowledged, offers hut little security. It is almost impossi- ble to carry on any extensive commercial ousiness without giving credit, which, in fact, by an advance of capital, gives profitable employment and new life to industry. When credit has been ^ iven, and the debtor is unable to fulfil his en;;a<.'etnents, his property ought to pass into the hands of liis creditors, in the sim- plest and least expensive manner possible : it is, in truth, theirs ; and the debtor, unless there has been fraud, (alw.iy.s requiring pu- nishment) ought to be permitted to follow such industrious course as will prevent himself and his family from becoming bur- thensometo the community, and render him useful to society. 2. Enregistratioii of Deeds. — A bill for this purpose was passed in the liCgislative Council many years ago ; and renewed in another shape in 1824. Great insecurity in the titKs of land in the free and common soccage grants, and uncertainty in respect to the charges thereon, had long existed, from the impro- vident manner in which these grants were made, and looses und evils had also resulted throughout the proTincc, from the igno- rance of the laws by which real property is regulated, on the Eart of those who were concerned in transfers of land. The ;ill has however hitherto failed in the Assembly, At the las-t Session it was resolved, fut March,] yeas 15, nnyst;, " that u is (18) expedient to pro*ide that more ample publicity to certain actes passed before notaries bearing niortga^^e, be afTurded in the subdivision of districts." This resolution isan acknowk-drrment of the necessity of Register Oflices on which the Assembly heretofore appears to have been about equally divided. That there should be some mode whereby a person wishing for credit, or to dispose of his real property, should be able to show to a cer- tainly, and with little cost, the state of that property, cannot but be beneficial to the parties concerned, and to the public, as it prevents fraud, gives security for the investment of capital, and consc* quently activity to industry. The evil which it is intended to re- medy, hot having been uenerallyjelt throuj^hout the country, there exists on this subject, among the proprietors, a certain dread of the creation of useless ofHces and expenses, which has been su fre- quently rather the result of legislative enactments than the good intended. The principle being admitted by both houses, it can- not be long before provisions to give it effect arc embodied in a law. The principnl difliculty seems to be in the entire want of the legal orgiinization of the counties fur local administration, which has not yet been established in this Province. S. Lumber Act, Pilot Dues and Pari Charges.— Many amend, tnenis to the Lumber Act were proposed at the last session, but contending claims between the shippers and the cullers, caused them to be laid aside, and the act merely continued. A bill amending the Trinity House Act, affecting pilot dues, harbour regulations, &c., introduced on a resolution of the House, failed for want of time. The complaints of a burthen on the trade, from the insufficiency of port regulations, charges, &c., are very general among the mercantile classes. When it is considered that our exports must enter into competition abroad, with the exports of other parts, that every burthen on the trade, in fact, tcnils to prevent it from maintaining that competition, thereby, destroying both the foreign market, and that part of the home market caused by the influx of shipping and strangers engaged in carryin<{ on the ..ade, the importance of giving every facility and protection to those engaged in trade, and removing all unnecessary bur- thens therefrom, cannot fail to be generally felt. All charges, as well as losses, on account of inadequate regulations, must ac- tually operate as a diminution of the price which the merchant is enabled by the state of the foreign market to pay to the producer or holder of the article here, and consequently diminishes their pro- fit, comfort and prosperity. The merchant, to be enabled to carry on trade, must have a fair profit on his capital, and a cutnpensa- tion for his services. Competition will allow him nothing more. 4. Improvement of the Navigation of the St. Lawrence.— This subject was under the consideration of the Assembly at the last session, in the petition of the St. Lawrence Association, and on the report of a special committee. The water communica- tions of the ('anadas are unequalled in any other part of the world. The St. Lawrence, in its natural state, 7iow affords a com- munication throu<;hout both provinces, extending to the sea, •« the highway of nations," through which an exchange of com- modities may be carried on with ease, and with little comparative expenses. The population of both provinces is situated at short distances from the St. Lawrence, and its w.nters, with, frequently, the advantage of navigable rivers, falling into the St. Lawrence, (19) i No cnnni could tvtr compete with the St, Lawrenct, if it v/ttt rendered navigiible throu((hout ; it would draw off the trade to the sea from every part of its waters, us naturally as it conveys these wutfrs to the ocean, wiihout ed'ort, without heavy expenses, and cost of repairs. Whatever art nnd artificial regulations may do to the contrary, trade will eventually revert to this natural chan- iii'l. Thf eye of peniiis, fortified by science, untrammelled by a spirit of servile imitation, is, however, necessary to point out the most suitable itr.provL-ments, under circutnstances altogether un- like those of any other country. The objects to be gained are time, and the avoiding the existing necessity of transhipment. If vessels of a surticient capacity for a sea-voyage cannot be made to reach the highest points of the deep water of the St. Laurence, the most suitable vessels fur the navigation of the highest navigable parts of these waters, ought to be able to receive transhipments from the vessels arriving from sea, and carry them to their chief places of destination , without further transhipment. The labour, expenses, insecurity, loss of time, and injury sustained in repeated transhipments, is one of the greatest impediments to the exchange of cotrimodities. The improvements ought to begin from the head of the present ship navigition, and be carried on at once, on a scale not to require any further transhipment for goods to be landed at any place on the shores of the St. Lawrence or lakes. Improvements of the St. Laurence of the nature referred to, would actually render all the American canals tributary to the St. Lawn-nce, and enable the western parts of the States of New York, I'ensylvania, and the country on the Ohio, to send their produce to the ocean, and receive their supplies by the St. Law- rence, at a cheaper rate, than by any other communication. But are we ripe for an undertaking like that contemplated ? which would certainly cost less, however, without so much future re- pairs.than the New Yorkcanal. We have credit; but can we secure Rsullicienilyable, responsublo, permanent, nnd economical mana- gement ? Can we gtiaid ourselves against the palsying curse of favor and jofts? If not, we ought to content ourselves with the speediest and least expensive temporary iinprovements, and the sd/est management which can be devised ; under a certainty, that the gr.'atand durable improveinents cannot be far distant. 5 & 6. Intercourse willi the United Slates, and prevention of Smjigslins- On the first, there was a report of a coniiniitee of the I luuse of Assembly, on the 11th March, recommending an ejclensirn of the existing intercourse, but it came toolatctobe effectually acted upon. The colonial act regulating the intercourse was, besides, to expire the ensuing year. The recent acts of the Imperial Parliament, however, seem to preclude any colonial in- terference with the commercial intercourse whii h they have esta- blishi.d. The bill sent down by the Legislative Council for pre- venting smuggling, which was postponed by the Assembly, it is supposed, will not now be deemed necessary. 7 & 8. Damages Bills of Exchange, and Circulation oj Sove- reigns. — A bilHor giving, the damages, 10 per cent., clear, on the amount paid for the Bill, instead of on its nominal amount, was introduced in the Legislative Council, but did not. finally, pass that body. According to the comtnon rate of exchange at present, »he damages allowed are no damages at all, nor even in- terest for the money, aad are an inducemtnt to fraud, and cer- !•!' Uiniy injurious to the trade and confidence. Thccdmmiitce oftM Assembly, on the bill from the Legislutive Council, for focilitating the circulntion of sovcreijjns, did not report, the members probiibly concluding, from their own feelings on the subject, that there rould bi> no difficulty to thi-ir effectual airculation, either by the singU' piece or in pre iter quantities. 9. Facititatinji Grant.% and Concessions of Land, and t/ie set- tlement of the l'rovince..—'lhis subject was recommended to thu liCgislalure by Lord DAtiiousiK, in his first speech at the opening of ihe Session in 1831. The matter was referred to a committee of the Afisembly, and has been acted upon at each session, in- clnding 1824. 'I'he reports of the committee have been published, and throw much light on the subject : hardly any other good has, however, been as yet accomplished. The subject naturally divides itself into two heads : — 1st. The settlement of the British grants and the waste lands of the Crown. 2d. The settlement of the grants made by the French Government. On the 1st, pursuant to a recommendation of the committee, a bill was passed tending to enforce the Royal Instructions with respect to these lands ; but which did not pass the Council. On the 2d, a bill fur en- forcing the ancient laws, respecting the seigneuri.«l grants, waft twice passed, but met with the same fate in the Council, 'i'he Chairman of the Committee being absent, only the bill relatmg to sei, in the same spirit as the liritish grants, for the benefit of actual settlers, and that on refusal of the seigneur to grant at the usual rates of the seigneuric, the French KinU('h as new settlers dnru nut encounter, i'he lonrfu'vn of the Grand- Vnijers are however extremely useful ; upon the whole, in- comparably more for the upci)in)X nnd improvement of roads du- rinj? the last ten years has been done by the CI rand- Voi/rrs and tho inhabitants lhem^elves, than by the appropriations of between two and three hundred thousand dollars by the Legislature for roads, of which hardly u trace is tu he seen. Such however in the nattt- ral result of imitations of other countries, applied under circum* stances essentially different. FouuTii iiK\n.—-Iteliift(} different portions qflhe Subject. 1 ® . Uccoiirsc against the drown. The King cannot be ^ued in his Courts. It is understood thit by decisions of our own Courts, public oiHccrs cannot be sued for engngoments entered into by them in their public capacity : so that really the Subject may stitfer without a remedy. In kngland there is the petition of right, which is decided upon in legal form. The Hill intro- duced at the last Session by a distm^iuished advocate, was intend- ed to give a similar relief to the Subject here. It however fail- ed in the Legislative Coimcil. 2 ° . Petition of the Toiimships.— 'These Petitions have been frequent and pressing, complaining of various grievances. In- deed from the distance of these settlements from the St. Law- rence and other old settlements in the Province, the principal po- pulation of the Townships being along the American frontier, separated from the rest of the IVovince by many leagues of fo- rest, they have been left, till within a few years, almost without government, and arc still without representatives to make known their wants. The inhabitants being chiefly from tha United Stales, were not well acquainted with the Laws under which they had come to live, and could not learn them by the administration of them, which could not be said to exist amongst them. Largo sums of money voted at various limes by the Legislature, have been employed to assist in opening roads to enable them to reach the other parts of the Province, dispose of their produce, and pur- chase their supplies, but they assert, to very little purpose ; and now that their usual communications wiih their neighbours on the other side of the American line is threatpnvd to be interrupt- ed, their situation is more distressing. They must have sutfered much, and must still suffer more, if nothing is done for iheir re- lief. They were invited into the country, under the authoriiy of the British Government, lands were granted to them by the Bri- tish Goverment, where they are now located ; they have incteased * ('-'•'') Ut about r<0,00(> lv (here are erttitled to n/mtl ri|;lus, (troieituMi uiid fucilitiea un those of other parts of the country, without any dis- titiction whatsoever; and they ou^ht to have tht* full benefk of thi« principle, which alone c.\n secure |)o.ice, ^uud feilu));, and thu interest!! of the liriiish (iuvernineiit in North America. 3°. (,',7V»rf I'etilion.—''lh\>i\s another District detached from the rpstof the J'rovinco ; which, till lately, had been i^reatly ne- glectt Much lid« recently been attempted for iheir adv.tnta^'e, the result tit' which is not yet unlliciently known. They forwaid- e, iu the difl'ereiit Districts, a kind of corporate existence, wiih a view to ensure the greater respectability of the profession, i'he liills however failed, from a dillerence of opinion be;ween the two Houses, chicHy on the constitution of the 13o:n'd of Examiners. When individuals arc left free to follow any business tor the r own profit, there is no danger to the public. The general Laws against force and fraud are quite sullicieiit. The public employs them only if it seems advantageous, aiid compeuiiun soon sett every thing right; but when the public authority invests any indi- vidual or individuals with the exclusive privilege of being em- ployed by the public, it weakens the check of co;i»|)elition. It then becomes the duty of the public authority to guard the com- munity against abuse, by taking every precaution ihat those so in. vested with an exclusive privilege, shall be well qualified to serve (24) the public: it is bound to take care that its certificate of qualifica, tion is not a passport to impose on the community ; and that this certificate is not degraded bv being held by unworthy charac- ten. The respectability of the professors of every science is of greai importance to the community, as a means of bringing for- ward therein the best talents, and as the best security for their use- fulness. The medical profession is become numerous in this country, and nothing ought to be left undone thatcau aid in pla- cing it on the most respectable footing. 6°. Dissenters An Act to establish the form of Registers of Baptisms, Marriages and Burials, was passed by the Provin- cial Parliament in 1795. It extended to "each Parish Church of the Roman Catholic Communion," and also to " each of the Protestant Churches or Congregations wiihin this Province ;" and "the Rector, Curate, Vicar or other priest or minister doing the parochial or clerical duty thereof," were required to present Registers to be authenticated by a Judge, in which the Baptisms, Marriages and Burials were to be entered. A difference seems to have prevailed among the Judges, how far the Law compre- hended ministers of different congreguions of religious worship- pers. On the refusal of Registers to certain description of Dis- senters, it appears that the refusal was held to be good, in the Court of Appeals. The Weslcyan Methodists, who, it appears, had been refused Registers, petitioned the Legislature, and a Bill extending to them the privilege and duties of having these Registers was passed the Assembly, and returned amended from the Council, with such formalities and restrictions as those acting for the petitioners at Quebec, did not think corresponded with the interests, feelings and character of the Wesle^an Methodists. Baptisms, JNlarriagt-s and Burials are in some respects differently viewed by different churches or religious communions ; in all they are usually attended with religious acts and ceremonies, and as such, they ought doubtless to be performed by the minister of the religion of the parties. The requiring of these acts to be enregislered is for civil purposes ; those who perform the reli- gious act are the persons upon whom the duty is imposed. To require the interference of a clergyitian of a different religious belief, seems to encroach upon that freedom in religious matters, which is correspondent with the prevailing opinions of the age. it may be thouglit a hardship, an humiliation, and may bean ad- ditional expense thrown on those of a particular religious belief; and an advantage, a superiority bestowed on others at their ex- pense ; others in whose religious belief they do not participate, and in whose religiuus ministry they have not confidence. There is certainly a spirit of charity in religious matters, generally pre- valent in this country, beneficial to its quiet, and the harmony of society, which must ultimately prevail, in allowing to all religious denominations equal privileges ; the want of which has proved so injuiious to that christian spirit, in other countries and limes. FIFTH HEAD. — Facilities to the Inhabitants of local Divisio7is. 1 ®. Incorjioration of the Toivns. — Bills for incorporating thp Inhabitants of Quebec and Montreal, have passed the Assembly annually, for sevcw' years past ; but have failed in the Legisla- tive Council. The present management of their municipal con- cirns is vested in the resident and acting Justices of the Peace^ (2J) wttli each ii Chairman, to whom a salary is severally paid of ^JOO IK>r annum. The money for the uses of the Towns is raised by assessments on real property, not exceeding six pence in the pound of the yearly value, and by other taxes of inferior conside- ration. Generally speaking, since a salary was allowed to the Chairman, the Justices have not been very regular in attending to their duties, which are gratuitous. They seem to have thought that every thing should be done by those who were paid. It can hardly be expected that all the Justices would be well qualifled, ns being materially interested in the prosperity of the Towns, and that those so qualified would continue for an unlimited time, to give their attendance to a troublesome and sometimes quite unpleasant duty. There has however been much improvement of late in both Towns : still they fall very short of Towns of equal magnitude which are managed by Corporations. The ma- gistrates often meet with a spirit of opposition, arising sometimes from misconstruction of their acts, at others, from supposed par- tialities for different parts of the Town ; and instead of the pub- lic spirit of the inhabitants being directed to improvements of the Town, it is frequently directed so as to arrest them. The majo- rity of the corporate body would generally carry along with it the majorifv of the inhabitants, who in the end here, as well as in other I'owns, would eventually pride themselves in promotingthc common adviint»ge, improvement and respectability of their Town, in all of which they have a real interest. The inhabitants with a power of making municipal regulations, of raising money on tlirmseluc.i for the use of the Town, if things went wrong would only have themselves to blame, which must end in their doing better. Our Towns cannot certainly be compared, as re- spects the state of those thin^. that require to be managed in common, with Towns where they are managed by persons chosen for a term by the citizens, and where the latter have a voice iii the management of their own common concerns. •2 ° . Gaspe Iteprescntation.— The affairs of this District, are so different from that of any other in the province ; their repre- sentations deferred to the present Session are so numerous, that it has been suggested whether they ought not to be entrusted with powers for the purpose of local management. The 'J'ownships arc nearly in the same situation with regard to the diiicreiicc of their local concerns from those of the rest of the IVovincc. It is almost impossible to conceive how the common concerns of a Township, or settlement, of a mixed population, where almost cv- piy man is a cultivating proprietor, independent of his neighbor, is to be managed, unless it be by giving them a corporate capaci- ty and powers. It seems in fact to be inseparable from the Tc- imre, and generally prevails wherever it lias been introduced. It is certain, as far as our experience goes, that no Townshij* will ever be in thriving condition without it: and with it all the world sees how they thrive elsewhere. The following curious historical document on the subject of the earliest proceedings in the Provincial I'arliamcnt concern- ing the Townships, is copied from the Journal of the Assembly in tliis I'roviiicc, in certain cu^>e:t" ■ " IMr. Hi (lard moved, seconded by Mr. Ttuchcrenu : «' That it he an inslniclion to the Committee, to take into con- .'.ideration the alterations it may be expedient to estabhsh con- cerning the nature and conscnuences of (rranting lands in free and common Soccagc in this Province, and the precautions ne- cessary to be adopted in making such grants, for preventing tho introduction of strangers, who may diffuse and spread principles contrary to those necessary for preserving this country to His JVlajcsty's empire." On the previons question ; that the question be now put ? the House divided— Yeas 5, Nays 9. It was resolved in the same Session toeonsider the same pro- position in Committee of the whole, which sat and obtained leave to sit again — Yeas 8, Nays 5. Finally the Committee rose with- out reporting. On the 9th April, the House was in Committee on the Bill lor appointing Commissioners, and rose without reporting. On the 14th the Legislnture was prorogued.— ——12th Jany. 1826. siXTii n'EAV.— Temporary J^aws. Nine of these expire on the 1st of May next ; viz. Extension of the Jurisdiction of the Court for civil causes for the District of Gaspc ; two Acts regulating the granting of Tavern Licen- ses ; the Act erecting the District of Saint Francis ; the Act for regulating the Police of Boroughs and Villages ; the Act for regulating the Inland Trade with the United States ; an Act for regulating the weighing of Coals; an Act to remedy abuses pre- judicial to Agricultural Improvement, &c. The question of the continuance of these Acts, with or without amendments, must depend on the knowledge possessed by the JMembers throughout the country of their effects, and the repre- sentations of those particularly interested. Every Temporary liaw is in its nature an experiment ; which is made with little danger, when the Law expires at a certain and not far distant pe- riod. The difllculty which has been experienced in the repeal of l,aws, not answering the purposes intended, or under which abu- TiL's have existed, difHcult to be checked, has probably induced the Legislature, to limit the duration of a great number of Acts. SEVENTH HEAD.— Pnw/e mils. Tho revival of those which failed at the last Session, of cour-se depends on the individuals and localities chiefly interested therein. EIGHTH jiEAi),—Suppli/ and Accounts. 1°. Accounts of the lievenue and Hxpenditure.^Thcsc are laid before the Legislature annually. It is understood that Sir John C. Sherbrookk, shortly after his assuming the Govern- ment of the Province, represented to His Majesty's Principal Si.'cretary of State for the Colonies, that the Provincial Accounts were in an unsatisfactory state. The Governors of Canada have always been particularly charged by their commissions and in- structions, to watch over the receipts and expenditure of the Pro- vince, and transmit regular accounts thereof. The practice had been to have the accounts examined, checked and reported on by the Executive Council; thoy were then sent home for the final Audit at the Treasury. So 'ong as only the monies received un- der Imperial Acts and from the Military (.'best were to be ao- iMuntod for, the business was simple : but when money cnme in jIso (rum duties inidrr t'uliiuial Acts, and payincntsi were niad»t % . the Bill ng. On ■. 1826. (27) under the authority of Coloni.il Laws, it became more complica- ted. A scale of civil expenditure was tbrmerly established by the Treasury ; but it was increased in the Colony, sometimes upon the authority of Letters from the Colonial 13epartment, sometimes, by Colonial Acts, sometimes without Colonial Acts : so that the Auditors at the Treasury, could hardly know how to check the accounts transmitted by the Governors, as reported on by the Executive Council. The Receiver Generals, kept only one account with the Treasury, viz, of receipts and of expendi- tures, under the Governors' warranto. This he transmitted through the Governor and Council, with copies of the warrants ; but it must have been difticult to judge of the legality of the pay- ments; the ,'>lst Geo. IIL Chap. 31, Section 47, positively en- joining that certain monies should be applied for the public uses of the Colony, in such manner onli/, as directed by the Colonial I-iCgislature. As deficiencies of revenue were long made up from the Military Chest, the Colonial Assembly appears to have been remiss in the exercise of its duty of closely attending to the reve- nue and expenditure. The last quietus given by the Treasury, to the late Receiver General, is to the 10th October 1814, when it is to be supposed that the accounts of the receipts and expenditure were finally audited. Lord Bathorst, in answer to Sir JoHK CoAPE Sherbrooke's representation, signified His Majesty's commands, that the expenditure should be voted by the Assembly, and the accounts settled annualh/. But as the objec- tions taken in the Legislative Council, first to the mode of appro- priation, and afterwards to the duration of the grant, was follow- ed by the rejection of the Bills sent up by the Assembly, except- ing those of 1823 and 1825; the accounts subsequently to the year 1818, still remain in an unsettled state. How the Receiver 'General can be legally quieted at the Treasury, in such a state of things, seems to be a matter of difficulty. Several attempts to fa- eilitate the settlement of accounts of advances made under Exe- cutive authority, and for a general settlement of the past accounts, have been made. A Bill for the first purpose was passed by the Assembly in 1824, but failed in the Council; at the last and pre- vious Session the appointment of Commissioners for stating the public accounts, was proposed and failed in the Assembly. Bills of indemnity passed the Assembly in 1823, for the years 1819, 1820, 1821 and 1822 ; but they fafled in the Council. The mode pointed out by Lord Bathurst, would certainly keep the ac- counts of the revenue and expenditure in a state satisfactory to all concerned in the Colony, and render the business of the final audit of these accounts, and quietus of the Receiver General at the Treasury, as their officer, and according to Law, a matter of case and certainty. 2°. The late 'Receiver GencraVs Defalcation. — This defalca- tion was a consequence always to be apprehended, when piiblio accountants are not brought to regular and strict settlement at •short periods, under the check of tho^e who furnish the money. In the accounts transmitted to the Assembly last year, by the Execulive,the whole of this defalcationl/'96,117 13 0.^ stg. Islands against the part of the Revenue allowed to be at the disposal of the Legislature. It is well known, houpver, that the late Recei- ver (loncral, did not keep separate chests nr accounts of his ri». K-eipts and cxpciulitures. 'I'lie defalcalion of conr.o was on the- (28) whole of his receipts. As the Province had no hand in the up- puintment oC the Receiver General, and in fact was prevented from exercising any controul over him, it addressed His Majesty to the end that the Imperial Government, should make good the amount deficient. If the Colonists were to lose this amount, by an officer over whom they had no controul, it ought not, at least, to fall on any particular portion of the receipts ; it ought to be borne equally by the whole; Upper-Canada as well as Lower» Canada. If the latter were lo bear the whole of it, it would in- deed be in a singular situation : the Treasury would appoint such person as it thought proper, to receive and pay over the revenue in Lower-Canada; he would also perform the business of Upper- Canada ; and Lower-Canada, besides paying and advancing the money, would run all the risk and bear all the losses which might occur; even any deficiency of money put into his hands from the Military Chest. At the last Session, the Assembly addressed the Lieutenant Governor, to know if any answer had been received to its address to His Majesty on this subject, when it was informed, that orders had been received to proceed at Law against the late Receiver General. 3®. Mcnies advanced and «nacco«n